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10/11/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: Mark Trenary E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair City of Port Orchard Council Meeting Agenda October 11, 2022 6:30 p.m. Pursuant to the Open Public Meetings Act, the City Council is conducting its public meeting in the Council Chambers at City Hall. Members of the public may view and provide public comment during the meeting in person at City Hall, via the online platform zoom (link below), or via telephone (number below). The public may also view the meeting live on the City's YouTube channel. Remote access Link: https://us02web.zoom.us/i/87977915821 Zoom Meeting ID: 87977915821 Zoom Call -In: 1 253 215 8782 Fred Chang Guiding Principles Economic Development & Tourism Committee • Are we raising the bar? Land Use Committee Transportation Committee, Chair • Are we honoring the past, but not living in the past? Jay Rosa pepe • Are we building connections with outside partners? Finance Committee, Is the decision -making process positively impacting diversity, equity, and Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol inclusion? alt, KRCC Planpol-alt, John Clauson 1. CALL TO ORDER Finance Committee, Chair Utilities/Sewer Advisory Committee A. Pledge of Allegiance Kitsap Public Health District-alt Cindy Lucarelli (Mayor Pro-Tempore) Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Tony Lang Public Works Director Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MIMIC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhal I@portorchardwa.gov 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. Please keep your comments respectful and no personal attacks. This is a comment period and not a question -and -answer session. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand. 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Approval of the September 20. 2022. Citv Council Work Studv Session Meeting Minutes Page 3 S. PRESENTATION A. Police Commissions (M. Brown) 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of Resolution Amending the City's Policies and Procedures for Processing Public Records Requests to Incorporate Body Worn Camera Video Processing (Archer) Page 5 B. Adoption of a Resolution Approving a Contract with Parametrix, Inc. for the Sewer Lift Station Controls Upgrade Protect (J. Brown) Page 21 C. Adoption of a Resolution Authoring an Intergovernmental Cooperative Purchasing Agreement with the Arizona Department of Administration (M. Brown) Page 48 D. Adoption of a Resolution Authorizing the Payment of Relocation Benefits for Venture Charters, Inc., for the Bay Street Pedestrian Pathway Protect (Archer) Page 57 E. Adoption of a Resolution Authorizing a Purchase with LN Curtis for Twenty-five Sets of Forced Entry Tools (M. Brown) Page 67 F. Adoption of a Resolution Granting Final Plat Approval for McCormick West Division 12, Phase 2 (Bond) Page 74 G. Approval of an Agreement with the Police Guild Representing Patrol Officers Regarding Calculation of Overtime (Lund) Page 121 H. Approval of an Agreement with the Police Guild Representing Patrol Officers Regarding Recruitment Incentives for New Employees Hired as Lateral Peace Officers (Lund) Page 122 8. DISCUSSION ITEMS (No Action to be Taken) 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. CITY COUNCIL GOOD OF THE ORDER 15. ADJOURNMENT COMMITTEE MEETINGS Economic Development and Tourism Utilities Finance Transportation Festival of Chimes & Lights Land Use Lodging Tax Advisory Sewer Advisory Outside Agency Committees Date & Time October 17, 2022; 9:30am October 11, 2022; 5:00pm October 18, 2022; 5:00pm October 25, 2022; 4:30pm; 4th Tuesday of each month October 17, 2022; 3:30pm October 19, 2022; 4:30pm October 24, 2022; 3:00pm November 8, 2022; 6:30pm Varies Location Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access City Hall and Remote Access City Hall and Remote Access Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: portorchardwa.gov or by contacting the City Clerk's office at (360) 876-4407. October 11, 2022, Meeting Agenda Page 2 of 2 Back to Agenda City of Port Orchard Council Meeting Minutes Work Study Session Meeting of September 20, 2022 CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the Deputy City Clerk as follows: Mayor Pro-Tem Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present Present Present Present Present via Remote Access Present Absent Staff present: Finance Director Crocker, Police Chief M. Brown, City Attorney Archer, and Deputy City Clerk Floyd. Staff present via Zoom: City Clerk Wallace The meeting also streamed live on YouTube. Pledge of Allegiance (Time Stamp 00:30) Councilmember Cucciardi led the audience and Council in the Pledge of Allegiance. 1. ADA Transitions Plan Update (Time Stamp 00:52) Councilmember Cucciardi said this item is going to be postponed due to the absence of Interim Public Works/Engineer Director Hammer. Council Direction: No direction was given to staff. 2. Transportation Benefit District Sales Tax Proposal (Time Stamp 01:06) Councilmember Cucciardi explained several discussions have been held on this topic and a public hearing was held last week. He asked if anyone had any feedback or additional information. Discussion was held regarding positive and negative public feedback, social media responses, more public education, outreach efforts, funding and financial figures, 1/10t" and 2/10t" sales tax, proving to the public that we are using the funds for what we said we are going to use them for and keeping the public updated about our process, and restricted funds for transportation. Page 3 of 122 Back to Agenda Council Direction: No direction given to staff. 3. Procedures for Response to Unauthorized Trespassing/Camping on Public Property (Time Stamp 12:27) City Attorney Archer provided a presentation on the City's Procedures for Response to Unlawful Dumping and Trespassing on Public Property which included discussions on the draft procedures staff has developed over the course of the last ten -months related to the dumping of trash, debris and garbage on public property and rights -of -way and associated encampments of people; complaints received; increase in illegally parking vehicles some of which show signs of habitation; work group to develop procedures; collaboration of City departments; building network of public health and human service resources; research into approaches used by other jurisdictions; operating within the existing framework of City regulations; illegal dumping of personal property which is distinguished from trash and debris under the procedures; abandoned personal property; unlawfully parked vehicles; unlawful camping/encampments on public property; continue to solicit human service partnerships; staff implementation and training; and feedback and contracting with vendors. City Attorney Archer explained the procedures will not apply to reports of illegal dumping, parking, or a trespasser or an encampment on private property; illegal dumping of junk, garbage or debris on public property that is not associated with an active encampment; and reports of illegal dumping or a trespasser or an encampment on private property that the person calling in does not own. The last item will be handled by the code enforcement officer. Additional discussion was held regarding derelict boats which these procedures do not address; existing resources for housing; implementation of the procedures; towing and impound of vehicles that are being used as homesteads; timelines of how long the City will hold found items; sharing resources with other counties; concerns over lack of resources; what the City's resource contribution; Mile Hill shelter update; involvement of the humane society and fees for the animals; and checking back after the winter. Police Chief Brown gave a brief update on derelict boats. GOOD OF THE ORDER There was no good of the order. ADJOURNMENT The meeting adjourned at 7:25 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Cindy Lucarelli, Mayor Pro-tem Page 4 of 122 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Subject: Adoption of a Resolution Amending the Citv's Policies and Procedures for Processing Public Records Requests to Incorporate Body Worn Camera Video Processing Back to Agenda Meeting Date: October 11, 2022 Prepared by: Charlotte Archer City Attorney Atty Routing No.: 366922-0012 — PD Atty Review Date: N/A Summary: The Washington Public Records Act (PRA), Chapter 42.56 RCW, identifies the City's obligations to provide public records at the request of members of the public and corresponding administrative fees that may be charged. By Resolution No. 028-14, the City of Port Orchard established Policies and Procedures for Processing Public Records Requests to fulfill the City's statutory obligations. The City of Port Orchard Police Department is in the process of implementing a Body Worn Video (BWV) program, where Officers wear body cameras and capture recordings that are public records subject to the PRA. These recordings need to be reviewed and redacted if a public records request is made for them, which can be a time-consuming process. The PRA allows a law enforcement agency to charge certain requestors the reasonable costs of redacting videos prior to disclosure. To determine the reasonable cost of redacting video, larger law enforcement agencies including but not limited to Spokane, Tacoma and Seattle, have conducted "stopwatch style" time studies to determine the amount of time it takes to redact body camera recordings including how long it takes to remove audio from an entire video, eliminate one minute of video, perform a targeted redaction of one minute of audio and one minute of video. Those studies determined that, on average, redacting takes approximately ten minutes of staff time per one minute of raw footage for targeted video redaction (with or without audio redaction); one to five minutes of staff time per one minute of raw footage for targeted audio redaction alone; and one to five minutes total per video for complete screen redaction and audio removal. A similar time study of the Port Orchard public records staff by the Department produced longer timeframes for redactions, expected to decrease to match the results of these studies as staff gains experience with the equipment. The weighted salary of assigned staff for this task is $61/hour, prorated to $1.01 per minute. Staff recommends a flat $1 per minute of redaction time as the fee for redaction; the costs will then vary depending on the type of redaction necessary (i.e., targeted or full screen). Note that this rate is consistent with the range charged by other agencies in Washington. Recommendation: Staff recommends that the City Council adopt a Resolution amending the City's Policies and Procedures for Processing Public Records Requests to include procedures for processing Body Worn Camera recordings, and establishing associated fees. Relationship to Comprehensive Plan: N/A. Page 5 of 122 Back to Agenda Motion for consideration: I move to adopt a Resolution amending the City's Policies and Procedures for Processing Public Records Requests to include procedures for processing Body Worn Camera recordings and establishing associated fees. Fiscal Impact: Processing public records is an expense the City incurs in the form of staff time and resources. The PRA allows the City to recover its reasonable costs associated with Body Worn Camera recording processing, and this amendment will enable the City to charge a fee based on reasonable costs incurred, thereby partially recovering the associated costs. Alternatives: Not authorize the Resolution and provide further guidance. Attachments: Resolution Courtesy copy of Resolution No. 028-14 Page 6 of 122 Back to Agenda RESOLUTION NO. -22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO PUBLIC RECORDS; AMENDING RESOLUTION NO. 028-14, EXHIBIT A; ESTABLISHING A POLICY FOR THE PROCESSING OF BODY WORN CAMERA VIDEO AND AN ASSOCIATED FEE. WHEREAS, the Washington Public Records Act, Chapter 42.56 RCW, identifies the City's obligations to provide public records at the request of members of the public and corresponding administrative fees that may be charged; and WHEREAS, by Resolution No. 028-14, the City of Port Orchard established Policies and Procedures for Processing Public Records Requests to fulfill the City's statutory obligations; and WHEREAS, the City's Police Department recently implemented the use of body worn cameras as a tool to preserve the public safety, and the City anticipates receiving requests for recordings pursuant to the Public Records Act; and WHEREAS, the City has analyzed the actual staff time as the reasonable costs for time incurred redacting body worn video pursuant where redactions are necessary due to an exemption from production under RCW 42.53.240; and WHEREAS, the City Council wishes to amend the City's policies and procedures for processing public records request to include information specific to body worn camera recordings and to set a fee for redacting video; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council hereby amends Resolution No. 028-14, Exhibit A, in part, as set forth herein: 9.0 Body worn camera recordings. a) The following procedures shall govern a request for "body worn camera recording", as defined at RCW 42.56.240(14)(g)(i), to supplement the City's Policies and Procedures for Processing Public Records. Page 7 of 122 Back to Agenda b) The City may charge the reasonable costs of redacting, altering, distorting, pixelating, suppressing, or otherwise obscuring any portion of the body worn camera recording prior to disclosure to the extent necessary to comply with the exemptions in this chapter or any applicable law. For the purposes of providing requestors estimated redaction costs of a body camera request, it is estimated that redacting takes ten minutes of staff time per one minute of raw footage for targeted video redaction (with or without audio redaction); five minutes of staff time per one minute of raw footage for targeted audio redaction alone; and one minute total per video for complete screen redaction and audio removal. Based on the costs associated with redaction, including actual administrative staff salaries, the charge levied for redaction of body worn camera video is set at a rate of $60 per hour (prorated at $1 per minute). The City may require a deposit in an amount not to exceed ten percent of the estimated cost of providing the recordings, which shall be paid prior to the processing of the request or installment, where applicable. The City shall also charge the actual cost of digital storage media or device for transmitting the requested recordings. c) A request for body camera footage pursuant to RCW 42.56.240(14) made by the following shall be exempt from the aforementioned redaction costs: • a person directly involved in an incident recorded by the requested body worn camera recording; or • an attorney representing a person directly involved in an incident recorded by the requested body worn camera recording; or • a person or his or her attorney who requests a body worn camera recording relevant to a criminal case involving that person; or • the executive director from either the Washington state commission on African American affairs, Asian Pacific American affairs, or Hispanic affairs; or • an attorney who represents a person regarding a potential or existing civil cause of action involving the denial of civil rights under the federal or state Constitution, or a violation of a United States department of justice settlement agreement (subject to an explanation as to the relevancy of the requested body worn camera recording to the cause of action) d) Body cam footage must be redacted in conformance with statutory exemptions, including but not limited to redactions of the following: • Any areas of a medical facility, counseling, or therapeutic program office where: o A patient is registered to receive treatment, receiving treatment, waiting for treatment, or being transported in the course of treatment; or Page 8 of 122 Back to Agenda o Health care information is shared with patients, their families, or among the care team; or o Information that meets the definition of protected health information for purposes of the health insurance portability and accountability act of 1996 or health care information for purposes of chapter 70.02 RCW. • The interior of a place of residence where a person has a reasonable expectation of privacy. • An intimate image. • A minor. • The body of a deceased person. • The identity of or communications from a victim or witness of an incident involving domestic violence as defined in RCW 10.99.020 or sexual assault as defined in RCW 70.125.030, or disclosure of intimate images as defined in RCW 9A.86.010. If at the time of recording the victim or witness indicates a desire for disclosure or nondisclosure of the recorded identity or communications, such desire shall govern; or • The identifiable location information of a community -based domestic violence program as defined in RCW 70.123.020, or emergency shelter as defined in RCW 70.123.020. Nothing in this policy or in RCW 42.56.240 shall be construed to restrict access to body worn camera recordings as otherwise permitted by law for official or recognized civilian and accountability bodies or pursuant to any court order. THAT: The fees established via this Resolution shall be added to the City's Fee Schedule for Public Records Request processing. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 11' day of October 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 9 of 122 Back to Agenda Introduced by: City Clerk Requested by: City Clerk Drafted by: City Clerk Reviewed by: City Attorney Introduced: November 12, 2014 Adopted: November 12, 2014 RESOLUTION NO. 028-14 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING POLICIES AND PROCEDURES FOR PROCESSING PUBLIC RECORDS REQUESTS WHEREAS, RCW Sections 42.56.040, 42.56.07o and 42.56.1oo of the Public Records Act ("the Act") collectively require that state and local agencies provide, publish and prominently display certain information, exemptions, and rules governing disclosure of public records; and WHEREAS, the City of Port Orchard ("the City") is a local agency as defined in the Act and must therefore comply with it provisions; and WHEREAS, the attached Policies and Procedures for Processing Public Records Requests fulfill one of these requirements and were developed using the Attorney General's Office advisory Model Rules for disclosure of public records; and WHEREAS, in recent years the City has experienced an increase in the volume of public record requests, particularly an increase in the number of large or complex requests which require significant staff time, research, review, clarification with requestors, notification to third parties, and which otherwise consume a significant amount of City time and resources often causing delays in carrying out other City functions; and WHEREAS, the City wishes to adopt their own advisory model policies and procedures for processing public records request; now, therefore, THE CITY COUNCIL OF THE CTI'Y OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The "Policies and Procedures for Processing Public Records Requests," as described and attached hereto as Exhibit "A" are hereby adopted. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 12th day of November 2014. rzr'''t'c C► f• Timotatthes, Mayor SE o• 't��•�• . FMB Ea "• Brandy Rinearson, CMC, City Clerk ''z• OF WpS�;�` Page 10 of 122 Resolution No. 028-14 Exhibit A Back to Agenda City of Port Orchard Policies and Procedures for Processing Public Records 1.0 PURPOSE The City of Port Orchard ("the City") is committed to open and transparent government consistent with the requirements of the Washington State Public Records Act, which provides citizens with broad rights of access to public records. This document establishes and describes the City's policies and procedures for processing public records requests. 2.0 REFERENCES 2.1 Washington State Public Records Act: Ch. 42.56 RCW. 2.2 Port Orchard Municipal Code 1.18. 2.3 Public Records Act — Model Rules: Ch. 44-14 WAC. 3.o DEFINITIONS 3.1 "City" means City of Port Orchard. 3.2 "Employee" means the Mayor, City Council, Department Directors, and all other staff.3.3 "Exempt" means that a law allows or requires the withholding of a record, or a portion thereof, from disclosure. 3.3 "Fullest assistance" means a timely and thorough action and response to a public records request. 3.4 "Public Records Officer" means the person designated by the City Council responsible for processing public records requests received by the public; and is the person responsible for establishing Public Records Act process for the City and assisting departments with public records requests and responses. See POMC 1.18.020. 3.5 "Public record" means any writing containing information relating to the conduct of government or the performance of any governmental or proprietary function prepared, owned, used, or retained by the City regardless of physical form or characteristics. (See 3.10 for definition of writing.) See City's Personnel Policy Manual Chapter 9, City Property and Public Records regarding City business on personal computers, cell phones, and other means of personal communication devices. 3.6 "Public Records Coordinator" ("coordinator") means the staff person(s) designated by a department to lend leadership, support, and assistance to the public records officer. 3.7 "Public Records Request Tracking System" ("Tracker") refers to the software application that catalogs all public records requests and the status of responses for the City. Page 11 of 122 Resolution No. 028-14 Exhibit A Back to Agenda Policy for PUbllc itecoras xequest 3.8 "Redact" refers to the method of protecting from public viewing the portion of a record that is statutorily exempt from public disclosure. 3.9 "Withholding log" is a list of records or portions thereof that are responsive to a public records request but are exempt from disclosure, together with a reference to the specific statutory exemption and a brief explanation as to why the record or portion thereof is being withheld. 3.10 "Writing" means handwriting, typewriting, printing, photostating, photographing, and every other means of recording any form of communication or representation including, but not limited to, letters, words, pictures, sounds, or symbols, or combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, motion picture, film and video recordings, magnetic or punched cards, discs, drums, diskettes, sound recordings, and other documents including existing data compilations from which information may be obtained or translated. 4.o RESPONSIBILITIES 4.1 All employees are responsible for: (a) Forwarding immediately all requests for public records to the public records officer for processing in accordance with the procedures outlined in this policy. (b) Saving all public records in accordance with the State's record retention schedule, whether the record is created on a city computer or otherwise. (c) Maintaining all public records in their original format, and making them available to the public records officer upon request. (d) Ensure Public Records Act training is completed within the guidelines set by the State. 4.2 All employees shall follow the procedures outlined in this policy. Penalty for violation is outlined in the Personnel Policies Manual Chapter io.i. 4.3 All departments are responsible for: (a) Designating one or more public records coordinator(s). (b) Establishing protocols for processing public records requests in the absence of the designated public records coordinator. (c) Ensuring that the public records coordinator receives public records training outside of the City and/or administered by the public records officer. 4.4 The public records coordinator is responsible for: 2 Page 12 of 122 Resolution No. 028-14 Exhibit A Back to Agenda Policy for Puonc necuum ncquest (a) Accepting requests for disclosure of public records that are routine in nature. Routine requests are defined in Section 6.6 of this policy. (b) Processing requests in accordance with the disclosure requirements of RCW 42.56.58o, in a manner reasonably calculated to provide notice to the public. (c) Assisting in identifying sources of responsive records and facilitating thorough collection of records. (d) Assisting in planning, managing, and reviewing completion of requests. (e) Alerting the public records officer of public records requests that are unusually large or that affect more than one department. 4.5 The public records officer is responsible for: (a) Accepting requests for disclosure of public records. (b) Oversee the City's compliance with the disclosure requirement of RCW 42.56.58o in a manner reasonably calculated to provide notice to the public. (c) Providing instructions to departments on the Public Records Act and the procedures described in this policy. (d) Assisting departments with public records requests that are unusually large or that affect more than one department. (e) Providing notice to third parties, as needed. (f) Providing the requestor with responses and a withholding/redaction long, if needed. (g) Developing and providing training for public records coordinators. (h) Developing and maintaining resources for public records coordinators, such as the Public Records Manual. (i) Ensuring prompt review of decisions denying inspections of records. RCW 42.56.520. 5.0 POLICY 5.1 Departments shall make available for inspection and copying all nonexempt public records in accordance with the Washington State Public Records Act. 5.2 Providing fullest assistance. The City shall provide the "fullest assistance" to requestors; ensure that public records are protected from damage or disorganization; and prevent 3 Page 13 of 122 Resolution No. 028-14 FYhihit A Back to Agenda for Public Records Request fulfilling public records requests from causing excessive interference with essential functions of the City. 6.o PROCEDURES 6.1 Public records requests are encouraged to be made in writing to the public records officer. Oral requests will be accepted, and the substance will be promptly confirmed in writing to the requestor. The City's public records request form shall be available on the City's website. 6.2 In the event that requested records contain information that affects third parties, the public records officer may, before providing the records, give notice to affected persons in accordance with RCW 42.56.540. The notice shall include a copy of the request. 6.3 If a department believes that a record or any part of a record is exempt from disclosure, the public records officer shall provide to the requestor a written communication identifying the record or portion withheld, the specific exemption relied upon and the authority for the exemption, and briefly explaining how the exemption applies to the record or portion withheld, including enough information for a requester to make a threshold determination of whether the claimed exemption is proper. If only portions of a record are exempt from disclosure, the public records officer shall redact the exempt portions and provide the nonexempt portions. The documentation described in this section should be presented in the form of a withholding log. 6.4 A requestor may choose to have copies of records made instead of inspecting them. Charges for copies shall be made in accordance with RCW 42.56.07o and .12o. and POMC 1.18.070. The department may require a deposit of up to ten percent of the estimated costs of copying all the records. 6.5 If the requestor chooses to inspect records before deciding whether to have copies made, the department shall promptly provide space for inspection during regular business hours except when and to the extent it would cause excessive interference with other essential functions or unreasonably disrupt operations. A department employee will observe and document the inspection. No member of the public may remove a document from the viewing area or disassemble or alter any document. The requestor may indicate which records he or she wishes to have the department copy. 6.6 Routine requests are those in which the documents are available on the City's website, such as minutes, Ordinances, Resolutions, permits, or other documents routinely produced and readily available for review. All requests not otherwise identified as large or complex shall be considered routine requests and will be handled in the normal course of business consistent with these policies and without undue delay caused by the processing of large or complex requests. 6.7 Non -routine, large, or complex requests are those in which: 1) there is a question about disclosure, in whole or in part; 2) the information requires more than a few minutes to compile; or 3) the records requested come from more than one department or source. In making this determination, the public records officer or designee should consider relevant factors including, but not limited to: a) the general, expansive, or all inclusive nature of the request; Page 14 of 122 Resolution No. 028-14 Exhibit A Back to Agenda for Pt-_--- -------- ---,-- b) the number of departments involved; c) the location of records and available method of searching records; d) the potential number of records implicated; e) the rights of third parties; f) the need for clarification of the request; g) administrative tasks necessary to process the request; h) the amount of time needed to review documents for applicable exemptions; i) the need for legal review of the public records request; and j) the format of relevant records. 6.8 When the request is for a large number of records, the public records officer shall provide access for inspection and copying in installments, if applicable. 6.9 Public records requests will be handled in the order it is received. Should there be multiple requests by the same requestor, the request that was first received will be processed first and the other requests will be started after the previous request is complete. 6.10 Public records requests are an essential function of the City Clerk's office. The City finds it reasonable to dedicate no more than twenty (20) percent of the department's time responding to public records requests. The amount defined is based on the amount of other core responsibilities outlined in their job descriptions. 6.11 A requestor may always choose to narrow or clarify a large or complex request. A requestor may always make a new public records request that more specifically identifies records needed and otherwise qualifies as a routine request, rescinding their narrow or complex request. Requestors are encouraged to consider the needs of others and utilize the public records request process responsibly. 6.12 If, within thirty (3o) days after notification that records are available for inspection or copying, the requestor fails to inspect the entire set of records or one or more of the installments, as applicable, the department may close the request and re -file the records. The requestor shall be notified in writing of this action. 6.13 If, after informing the requestor that all responsive records have been provided, the public records officer notifies the requestor that additional responsive records existed at the time of the request, it shall promptly inform the requestor of the additional records, provide a brief explanation of the circumstances, and provide them on an expedited basis. 6.14 Departments shall not distinguish among persons requesting records, and such persons shall not be required to provide information as to the purpose of the request unless necessary to determine whether an exemption applies or whether a list of individuals is being requested for commercial purposes. 6.15 Any person who objects to the initial denial or partial denial of a public records request may petition in writing to the public records officer for a review of the decision. The petition shall include a copy of or reasonably identify the written statement by the public records officer denying the request. The public records officer shall promptly consider the petition and either affirm or reverse the denial within two business days following receipt of the petition. Page 15 of 122 Resolution No. 028-14 FYhihit A Back to Agenda Policy for Pnbhe Records Request 7.0 PROCESSING PUBLIC RECORDS REQUESTS 7.1 Receive request for public records. If request is oral, provide written confirmation to requestor. 7.2 Date stamp the request. Log the request into Tracker, including date of receipt, the specific records requested, detailed notes about each communication with the requestor, staff time spent on researching the request, and date closed. 7.3 Within five (5) business days of receipt of the request, do one or more of the following: (a) Make the records available for inspection or copying; (b) If copies are requested and payment of a deposit for the copies, if any, is made or terms of payment are agreed upon, send the copies to the requestor. The per page cost is defined in RCW 42.56.120; (c) Provide to the requestor a reasonable estimate of when records will be available; (d) If the request is unclear or does not sufficiently identify the requested records, request clarification from the requestor. The clarification may be requested and provided by telephone, in which case make a written record of the clarification. If the requestor fails to clarify the request, the City may not to respond to the request; or (e) Deny the request, notify the requestor of the denial, and provide a written statement of the specific reasons for the denial. 7.4 If applicable, provide notice to third parties whose rights may be affected by the disclosure. 7.5 If a request is from a labor union representing City employees, review the request with the Human Resources Coordinator. 7.6 If a request is from a media representative, review the request with the public information officer. 7.7 Identify and collect responsive records, and document steps taken. 7.8 Identify exemptions, if any, and redact or withhold exempt documents after consulting with the public records officer as needed. See section 8.o. 7.9 Prepare withholding log, if applicable. A withholding log includes a description of the specific record; the date of the record; the author; the subject; to whom the record is addressed and copied; the number of pages, the statutory exemption being applied; and a brief explanation of how the exemption applies to the record. The recommended format for a withholding log is available in the Public Records Manual. Page 16 of 122 Resolution No. 028-14 Exhibit A Back to Agenda Policy for PuD11C necurus nequest 7.10 If the requestor wishes to receive copies without prior inspection, make arrangements for payment and provide copies. 7.11 If the requestor seeks inspection, arrange for inspection at a time mutually agreed upon by the requestor and the department. Designate an employee to observe and document the inspection. 7.12 After inspection is complete, make requested copies or arrange for copying. Large copying requests can be completed by an outside copying vendor. 7.13 Notify the requestor that the request is closed when: (a) A diligent search for the requested records has been made and all responsive records have been produced and, if applicable, a withholding log has been provided; (b) A requestor has not, within thirty (3o) days of notification that records are available for inspection or copying, inspected or requested copies of the records; (c) A requestor has not, within thirty (3o) days of notification that copies have been made, claimed and paid for copies; or (d) A requestor has not, within thirty (3o) days of a request for clarification, provided clarification. 7.14 The public records officer will work with the City Attorney on any petitions of denials or partial denials. 8.o EXEMPTIONS The Act provides that a number of records are exempt from public inspection and copying. In addition, documents are exempt from disclosure if any "other statute" exempts or prohibits disclosure. Additional statures may exempt public records from disclosure include but are not limited to: RCW 2.64.111 Documents regarding discipline/retirement of judges RCW 2.64.113 Confidentiality- violations RCW 4.24.550 Information on sex offenders to public RCW 5.6o.o6o Privileged communications RCW 5.6o.070 Court -ordered mediation records RCW 7.68.140 Victimsl compensation claims RCW 7.69A.030(4) Child victims and witnesses- protection of identity RCW 7.69A.05o Rights of child victims and witnesses - addresses RCW 7.75.05o Records of Dispute Resolution Centers RCW 9.51.05o Disclosing transaction of grand jury RCW 9.51.o6o Disclosure of grand jury deposition RCW 9.02.1oo Reproductive privacy RCW 9A.82.17o Financial institution records- wrongful disclosure RCW 10.27.ogo Grand jury testimony/evidence RCW 10.27.16o Grand jury reports- release to public only by judicial order 7 Page 17 of 122 Resolution No. 028-14 Exhibit A Back to Agenda Policy for PUDaC tcecoras request RCW 10.29.030 Organized crime special inquiry judge RCW 10.29.090 Records of special inquiry judge proceedings RCW 10.52.10o Records identifying child victim of sexual assault RCW 10.77.210 Records of persons committed for criminal insanity RCW 10.97.040 Criminal history information released must include disposition RCW 10.97.050 Conviction and criminal history information RCW 10.97.06o Deletion of certain criminal history record information, conditions RCW 10.97.07o Disclosure of identity of suspect to victim RCW 10.97.08o Inspection of criminal record by subject RCW 13.32A.ogo Crisis residential centers notice to parent about child RCW 13.34•115 Court dependency proceedings RCW 13.40.217 Juveniles adjudicated of sex offenses - release of information RCW 13.50.010 Maintenance of and access to juvenile records RCW 13.50.050 Juvenile offenders RCW 13.50.100 Juvenile/children records not relating to offenses RCW 13.60.020 Missing children information RCW 13.70.090 Citizen juvenile review board- confidentiality RCW 18.04.405 Confidentiality of information gained by CPA RCW 18.19.06o Notification to clients by counselors RCW 18.19.18o Confidential communications with counselors RCW 19.215.02o Destruction of personal health and financial information RCW 19.215.030 Compliance with federal rules RCW 26.04.175 Name and address of domestic violence victim in marriage records RCW 26.12.17o Reports of child abuse/neglect with courts RCW 26.23.050 Child support orders RCW 26.23.120 Child support records RCW 26.26.041 Uniform Parentage Act - protection of participants RCW 26.26.450 Confidentiality of genetic testing RCW 26.33.330 Sealed court adoption Records RCW 26.33.34o Agency adoption records RCW 26.33.343 Access to adoption records by confidential intermediary RCW 26,33.345 Release of name of court for adoption or relinquishment RCW 26.33.38o Adoption - identity of birth parents confidential RCW 26.44.010 Privacy of reports on child abuse and neglect RCW 26.44.020(19) Unfounded allegations of child abuse or neglect RCW 26.44.03o Reports of child abuse/neglect RCW 26.44.125 Right to review and amend abuse finding- confidentiality RCW 27.53.070 Records identifying the location of archaeological sites RCW 29A.o8.720 Voter registration records- place of registration confidential RCW 29A.o8.710 Voter registration records- certain information exempt RCW Chapter 40.14 Preservation and destruction of public records RCW 42.23.070(4) Municipal officer disclosure of confidential information prohibited RCW 42.41.030(7) Identity of local government whistleblower RCW 42.41.045 Nondisclosure of protected information (whistleblower) RCW 46.52.08o Traffic accident reports - confidentiality RCW 46.52.083 Traffic accident reports - available to interested parties RCW 46.52.12o Traffic crimes and infractions- confidential use by police and courts RCW 46.52.130(2) Abstract of driving record RCW 48.62.101 Local government insurance transactions - access to information RCW 50.13.06o Access to employment security records by local government agencies Page 18 of 122 Resolution No. 028-14 Exhibit A Back to Agenda Policy for Puunt; nc%;uiu� ncqucat RCW 50.13.1oo Disclosure of non -identifiable information or with consent RCW 51.28.070 Workers compensation records RCW 51.36.o6o Physician information on injured workers RCW 6o.70.04o No duty to disclose record of common law lien RCW 68.50.105 Autopsy reports RCW 68.50.32o Dental identification records - available to law enforcement agencies RCW Chapter 70.02 Medical records - access and disclosure - entire chapter. RCW 70.05.170 Child mortality reviews by local health departments RCW 70.24.022 Public health agency information regarding sexually transmitted disease investigations - confidential RCW 70.24.024 Transcripts and records of hearings regarding sexually transmitted diseases RCW 70.24.105 HIV/STD records RCW 70.28.02o Local health department TB records - confidential RCW 70.48.1oo Jail records and booking photos RCW 70.58.055 Birth certificates - certain information confidential RCW 70.58.104 Vital records, research confidentiality safeguards RCW 70.96A.15o Alcohol and drug abuse treatment programs RCW 70.123.075 Client records of domestic violence programs RCW 70.125.o65 Records of rape crisis centers in discovery RCW 71.05.390 Information about mental health consumers RCW 71.05.395 applies to mental health records RCW 71.05.400 Information to next of kin or representative RCW 71.05•425 Notice of release or transfer of committed person after offense dismissal RCW 71.05.427 Information that can be released RCW 71.05.430 Statistical data RCW 71.05.440 Penalties for unauthorized release of information RCW 71.05.445 Release of mental health information to Dept. of Corrections RCW 71.05.62o Authorization requirements and access to court records RCW 71.05.63o Release of mental health treatment records RCW 71.05.64o Access to treatment records RCW 71.05.65o Accounting of disclosures RCW 71.24.035(5)(9) Mental health information system RCW 71.34.200 Mental health treatment of minors RCW 71.34.210 Court records for minors related to mental health treatment RCW 71.34.225 Release of mental health services information RCW 71A.14.07o Records regarding developmental disability RCW 72.09.345 Notice to public about sex offenders RCW 72.09.585(3) Disclosure of inmate records to local agencies RCW 74.04.o6o Applicants and recipients of public assistance RCW 74.04.52o Food stamp program confidentiality RCW 74.o9.9oo Medical assistance RCW 74.13.121 Financial information of adoptive parents RCW 74.13.28o Children in out -of -home placements RCW 74.20.28o Child support enforcement - local agency cooperation, information RCW 74.34.095 Abuse of vulnerable adults - confidentiality of investigations and reports. RCW 82.32.33o Disclosure of tax information RCW 84.36.389 Confidential income data in property tax records held by assessor RCW 84.40.020 Confidential income data supplied to assessor regarding real property 20 USC§ 1232g Family Education Rights and Privacy Act 42 USC 29odd-2 Confidentiality of Substance Abuse Records Page 19 of 122 Resolution No. 028-14 Exhibit A Back to Agenda for PUD11C xecoras request 42 USC 405(c)(2)(vii)(1) Limits on Use and Disclosure of Social Security Numbers. 42 USC 654(26) State Plans for Child Support 42 USC 671(a)(8) State Plans for Foster Care and Adoption Assistance 42 USC 1396a(7) State Plans for Medical Assistance 7 CFR 272.1(c) Food Stamp Applicants and Recipients 34 CFR 361-38 State Vocational Rehabilitation Services Programs 42 CFR Part 2 (2.1-2.67) Confidentiality of Alcohol and Drug Abuse Patient Records 42 CFR 431-300-307 Safeguarding Information on Applicants and Recipients of Medical Assistance 42 CFR 483.420 Client Protections for Intermediate Care Facilities for the Mentally Retarded 42 CFR 51o6a(b)(2)(A) Grants to States for Child Abuse and Neglect Prevention and Treatment Programs 45 CFR 16o-164 HIPAA Privacy Rule 10 Page 20 of 122 awaw- Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7B Adoption of a Resolution Approving a Back to Agenda Meeting Date: Prepared by: October 11, 2022 Jacki Brown Contract with Parametrix, Inc. for the Utility Manager Sewer Lift Station Controls Upgrade Atty Routing No: 366922-0014 — Sewer Project Atty Review Date: 10/06/2022 Summary: The City Public Works Department has identified a need to upgrade lift station controls to better monitor and maintain its lift stations. To fund this work, the City applied for and received a Public Works Board loan (memorialized at Contract No. C090-21). The assistance of a consultant with expertise in sewer lift station design and rehabilitation to design the upgrades is vital to this project. On June 30, 2022, pursuant to the City's Procurement Procedures Policies adopted as Resolution No. 036-22, as amended, the City's Public Works Department established a list of qualified consultants for the project from the MRSC 2022 Consultant Roster for the Main Category — Engineering Services and Sub -Category — Pump Station Design and Rehabilitation — Municipal Sewer Systems. On June 30th, 2022, the City's Public Works Department selected four (4) qualified consultants from the MRSC 2022 Consultant Roster and after reviewing the Statements of Qualifications, and scoring the consultants, on July 5, 2022, based upon overall qualifications the City's Public Works Department selected Parametrix, Inc., as a responsible and responsive consultant for the project. Public Works staff met with Parametrix, Inc. three times on July 11, 2022, August 2, 2022, and August 30, 2022, to clarify the project understanding, the associated contract terms and scope and fees. Parametrix, Inc provided the City's Public Works Department with a viable proposal on September 16, 2022. Upon completion of the Bidder's Checklist on September 26, 2022, the City's Public Works Department recommends the City Council approve of Parametrix, Inc. for the Sewer Lift Station Controls Upgrades Project. Recommendation: Staff recommends adoption of Resolution No. 098-22, thereby approving Contract No. C112-22 with Parametrix, Inc for the Sewer Lift Station Controls Upgrades Project Consultant Project in an amount not to exceed $195,220.00 and documenting the Professional Services procurement procedures. Relationship to Comprehensive Plan: Motion for Consideration: I move to adopt Resolution No. 098-22, approving Contract No. C112-22 with Parametrix, Inc. for the Sewer Lift Station Controls Upgrades Project in an amount not to exceed $195,220, and documenting the Professional Services procurement procedures. Fiscal Impact: The City of Port Orchard has received a $800,000 loan from the Washington State Public Works Board (PC22-96103-040/City Contract No. 090-21) for the design and construction of the Sewer Lift Station Controls Upgrades. This project is budgeted in GL Code 433.05.594.35.60. Page 21 of 122 Back to Agenda Alternatives: Do not authorize and provide alternative guidance. Attachments: Resolution No. 098-22 Contract No. C112-22 Parametrix, Inc Proposal Page 22 of 122 Back to Agenda RESOLUTION NO.098-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C112-22 WITH PARAMETRIX, INC. FOR CONSULTANT SERVICES FOR SEWER LIFT STATION CONTROLS UPGRADES PROJECT AND DOCUMENTING PROFESSIONAL SERVICES PROCUREMENT PROCEDURES WHEREAS, the City Public Works Department has identified a need to upgrade lift station controls to better monitor and maintain its lift stations; and WHEREAS, the City applied for and was awarded a Public Works Board loan (C090-21) to fund this project; and WHEREAS, the City desires the assistance of a consultant with expertise in sewer lift station design and rehabilitation to design the upgrades; and WHEREAS, on June 30, 2022, pursuant to the City's Procurement Procedures Policies adopted as Resolution No. 036-22, as amended, the City's Public Works Department established a list of qualified consultants for the project from the MRSC 2022 Consultant Roster for the Main Category — Engineering Services and Sub -Category — Pump Station Design and Rehabilitation — Municipal Sewer Systems; and WHEREAS, on June 30th, 2022, the City's Public Works Department selected four (4) qualified engineering consultants from the MRSC 2022 Consultant Roster; and WHEREAS, on July 5, 2022, after reviewing the Statement of Qualifications and scoring the consultants, based upon overall qualifications the City's Public Works Department selected Parametrix, Inc., as the responsible and responsive consultant for the project; and WHEREAS, on July 11, 2022, August 2, 2022, and again on August 30,2022, Public Works Staff met with Parametrix, Inc., to clarify the project understanding, the associated contract terms and scope and fees; and WHEREAS, on September 16, 2022, the Parametrix, Inc provided the City's Public Works Department with a viable proposal; and WHEREAS, upon completion of the Bidder's Checklist on September 26, 2022, the City's Public Works Department recommends the City Council approve of Parametrix, Inc. for the Sewer Lift Station Controls Upgrades Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Page 23 of 122 Back to Agenda Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to sign a Contract No. C112- 22 with Parametrix, Inc. for the Sewer Lift Station Controls Upgrades Project, representative copy attached as Exhibit A. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 11th day of October 2022. ATTEST: City Clerk, Brandy Wallace, MMC Robert Putaansuu, Mayor Page 24 of 122 Back to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the I Ith day of October 2022, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And Parametrix, Inc., a corporation, organized under the laws of the State of Washington, doing business at: 1019 39" Ave, SE, Suite 100 (hereinafter the "CONSULTANT") Puyallup, WA 98374 Contact: Howard Hillinger Phone:206-394-3651 Email:hhillinger@parametrix.com for professional services in connection with the following Project: Sewer Lift Station Controls Upgrade Project TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. Page 25 of 122 Back to Agenda 3. Terms. This Agreement shall commence on October 11, 2022 ("Commencement Date") and shall terminate 12/31/2023 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. 11 Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $ ❑k TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $195,220.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit " " ❑ OTHER. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. Page 26 of 122 Back to Agenda B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights . Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. Page 27 of 122 Back to Agenda 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. Page 28 of 122 Back to Agenda 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Page 29 of 122 Back to Agenda r 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. Page 30 of 122 Back to Agenda 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu CONSULTANT Mayor Parametrix, Inc 216 Prospect Street 719 2nd Ave #200 Port Orchard, WA 98366 Seattle, WA 98104 Phone: 360.876.4407 Phone: 206-394-3700 Fax: 360.895.9029 Fax: 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits Page 31 of 122 Back to Agenda attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or Page 32 of 122 Back to Agenda 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATE: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Port Orchard City Attorney's Office CONSULTANT By: C !/ Name: JC Hungerford, PE Title: Water Division Manager Page 33 of 122 Back to Agenda APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Page 34 of 122 Parametrix ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES SCOPE OF WORK City of Port Orchard Sewer Lift Station Controls Upgrade PROJECT OVERVIEW Back to Agenda The City of Port Orchard (City) desires to make electrical and controls improvements to six existing sewer lift stations. The lift stations and improvements are listed in Task 03 below. This scope of work includes services for field investigation, design, bid support, and construction management in support of this project. GENERAL ASSUMPTIONS The following assumptions apply to this entire scope of work. Any deviations from these assumptions may require an amendment to the portion of the scope and budget that is impacted by changes: • The total Project Duration will not exceed 13 months from the Notice to Proceed date. • Project budget is based on information available at the time the scope was created. Additional budget may be required after completion of Task 02 — Site Visits/Data Collection. • A single set of bid documents will be generated for all lift stations, and the project will be publicly bid as a single construction contract. • Plans, specifications, and estimates will be provided by Parametrix (Consultant) in City Standard formats using City templates where available. City Standard WSDOT specifications will be modified as appropriate to the project and supplemented with technical specifications in CSI format. • Lift Station control panel design for this project will be consistent with the City Sewer Lift Station Control Panel Standards. This project does not include detailed design of control panels. • The Consultant will be the lead observer and construction manager for the project. • Washington State Labor and Industries will be responsible for all electrical inspections. The Consultant will provide the following services: PHASE 1 — LIFT STATION ELECTRICAL IMPROVEMENTS TASK 01 Project Management and Meetings Objective Monitor and manage scope, schedule, and budget as well as periodically meeting with the project team and City to review project status. City of Port Orchard Sewer Lift Station Controls Upgrade 999-1589-999 September 2022 Page 35 of 122 SCOPE OF WORK (continued) Back to Agenda Activities • Manage and direct the Consultant project design team including subconsultants. • Provide routine internal project management and communications (scope, schedule, budget, invoicing, etc.). • Prepare and submit progress reports and progress billings. • Schedule, prepare for, attend, and document the Project Kickoff Meeting (Meeting D1). Assumptions • The Project Kickoff Meeting will be conducted at the City or remote via Teams meeting and will include up to two Consultant staff for up to 6 hours each, including travel time. Deliverables • Project Schedule (Electronic only, Microsoft Project format). • Monthly progress reports, including a progress letter and invoice, complying with City of Port Orchard format requirements. TASK 02 Site Visits/Data Collection Objective Collect and review existing documentation for all lift stations and conduct a site visit to each station to gather data to support detailed design. Activities • The City will provide available known documentation of all existing lift stations to the Consultant. Prior to scheduling site visits, the Consultant will review the available information to help inform the site visits. • Up to S days will be spent performing site visits to all lift stations included in the project. (Meeting D2) to allow for site measurements and review of the existing lift station electrical and controls systems. Assumptions • The City will provide available record drawings and other available data regarding the current layout and operation of the existing lift stations within 1 week of Notice to Proceed for this Task Order. • For budgeting purposes, it is assumed that the lift station site visits will include one Consultant staff for up to 40 hours, including travel time. • Appropriate City staff will be available to provide site access, attend site visits, and assist with confined space entry with reasonable notice. Site visits will be scheduled in full -day increments. • Site survey will be performed at the Eagle Crest Lift Station for the addition of the standby generator. Additional survey and budget may be required once site visits and existing site conditions have been completed. Deliverables • None — Site findings will be incorporated in the design deliverables. City of Port Orchard Sewer Lift Station Controls Upgrade 999-1589-999 September 2022 Page 36 of 122 SCOPE OF WORK (continued) Back to Agenda TASK 03 Design The design tasks for this project have been budgeted assuming the following improvements at the following lift stations: Lift Station Replace Control Panel Other Improvements Eagle Crest x Add standby generator Golden Pond x Cedar Heights x Tremont Place x Flower Meadows x Sedgwick (Bravo Terrace) x The design will reference the City's Sewer Lift Station Panel Standards for lift station control panel design, and the full text and drawings for these standards will be included as an appendix to the specification document. As a starting point, the lift station design will reflect the recent Haven Lift Station project. Subtask 03.01 — 30% Design Objective Based on the information collected in Task 02, prepare 30% draft design for the project. Activities • The Consultant will develop 30% Washington State Department of Transportation (WSDOT) specifications, a CSI specification list, 30% draft design drawings, and preliminary Engineers Opinion of Probable Construction Cost (EOPCC) for the project. The 30% draft design will be sufficient to communicate the design concept for review by the City. • The Consultant will perform internal quality control review of the 30% deliverable package prior to submittal to the City. • The Consultant will perform one round of minor revisions to the Lift Station Control Panel Standards to address changes requested by the City. 0 30% Design Review Meeting (Meeting D3) —The Consultant will attend the 30% design review meeting to resolve any design issues discovered during the documentation review and site visits, review the 30% draft design with the City, and document comments to be addressed as design moves forward. Assumptions Photographs taken during the site visits will be used as design background for existing equipment and electrical panels on design drawings; detailed drawings of the existing lift stations, electrical panels, and equipment will not be developed as part of this project. The 30% submittal sheets will be stamped by a professional engineer licensed in the State of Washington but will not be signed or dated. • The 30% Design Review Meeting will be conducted at the City and will include up to two Consultant Staff for up to 4 hours each, including travel time. City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 3 September 2022 Page 37 of 122 SCOPE OF WORK (continued) Back to Agenda • Client to review 90% design and return comments to the consultant within business 14 days. • Any comments made on the 30% draft design will be addressed in the 90% Design task. Deliverables • 30% draft Drawings, as listed in Exhibit D (electronic only, PDF format). • 30% WSDOT specifications (electronic only, Word format). • 30% EOPCC (electronic only, PDF and Excel format). • Anticipated CSI Specification List (electronic only, PDF and Word format). • Revised Sewer Lift Station Control Panel Standards (electronic only, PDF, Word, and CAD formats as applicable). Subtask 03.02 — 90% Design Objective Complete 90% near -final plans, specifications, and cost opinion for the project. Activities • The Consultant will develop 90% near -final specifications, plans, and EOPCC for the project. Comments received on the 30% draft design will be addressed in the 90% deliverables. • The Consultant will perform internal Quality Control review of the 90% deliverable package prior to submittal to the City. • 90% Design Review Meeting (Meeting D4)- The Consultant will attend the 90% design review meeting to review the 90% design with the City and document comments to be addressed as design moves forward. Assumptions • The 90% submittal sheets will be stamped by a professional engineer licensed in the State of Washington but will not be signed or dated. • The 90% design review meeting will be conducted at the City of Port Orchard and will include up to two Consultant staff for up to 4 hours each, including travel time. • Client to review 90% design and return comments to the Consultant within business 14 days. • Any comments made on the 90% submittal will be addressed in the final design submittal. Deliverables • Comment response log addressing the 30% review comments (electronic only, Excel format). • 90% Plans as described in Exhibit D (electronic only, PDF format). • 90% Specifications (electronic only, PDF and Word format). • 90% EOPCC (electronic only, PDF and Excel format). City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 4 September 2022 Page 38 of 122 SCOPE OF WORK (continued) Back to Agenda Subtask 03.03 — Final Bid Documents Objective Complete bid ready final plans, specifications, and cost opinion for the project. Activities • The Consultant will develop final plans, specifications, and EOPCC for the project. Comments received on the 90% Check Set will be addressed in the final documents. • The Consultant will perform internal quality control review of the final bid documents prior to submittal to the City. Assumptions • There will be no additional comments from the City on the final documents; all City comments will be provided at the 90% review. • The final bid documents will be stamped and signed by a professional engineer licensed in the State of Washington. Deliverables • Comment response log addressing the 90% review comments (electronic only, Excel format). • Final plans as described in Exhibit D. One set full size (22- x 34-inch) drawings on bond paper, electronic (PDF and CAD formats). • Final specifications (electronic only, PDF and Word format). • Final EOPCC (electronic only, PDF and Excel format). TASK 04 Bid Support Objective Assist the City as needed in the bidding process up to the estimate of effort identified in Exhibit B. Activities • The Consultant will assist the City in responding to bidder inquiries as needed. Assumptions • The Consultant will provide up to four bid clarifications and two addenda for the project. • The City will be responsible for advertising the project, posting bid documents, and maintaining the plan holder list. • The City will issue and distribute any and all bid clarifications and addenda for the project. • The City will prepare the bid tabulation for the project. City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 5 September 2022 Page 39 of 122 SCOPE OF WORK (continued) Back to Agenda Deliverables • Responses to bidder inquiries in appropriate electronic format. TASK 05 Construction Support Subtask 05.01 — Submittal and RFI Review Objective Provide support for the review of contractor submittals and request for information (RFIs). Activities • The Consultant will review contractor submittals and RAS as requested by the City, up to the hour limit identified in Exhibit B. Assumptions • Electrical materials and equipment will be provided by the contractor as one conformed submittal. I&C equipment will be provided by the contractor as one conformed submittal. Review of two resubmittals is assumed for these large, conformed submittals. • The City will transmit all submittal comments and RFI responses to the contractor. Deliverables • Submittal review comments in electronic (Bluebeam) format. Subtask 05.02 — Construction Observation Objective As needed, assist the City with construction observation as requested by the City, up to the estimate of effort identified in Exhibit B. The observation is intended to monitor the contractor's electrical- and controls -related construction activities to verify that work takes place in accordance with the contract documents. Activities • The Consultant will provide up to six construction observation site visits during the construction phase of the work. • Photograph construction progress as appropriate. • Identify and notify City of issues noted with the construction. Assumptions • Each visit is limited to one Consultant personnel for a total of 4 hours including travel time and documentation. • The construction observation is intended to supplement, but not take the place of, the City's construction inspection efforts. City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 6 September 2022 Page 40 of 122 SCOPE OF WORK (continued) Back to Agenda • The Consultant's inspection is for compliance with the contract documents and does not replace or supersede required electrical compliance inspection by the Washington Department of Labor and Industries. Deliverables • Field reports for each site visit, including site photographs as appropriate, in electronic PDF format. Subtask 05.03 — Construction Management/Owner's Representative The construction manager will monitor the contractor during construction activities or as agreed upon in the scope of work. Services provided under this task may include, but are not limited to the following: • Attendance at Preconstruction Meeting and weekly meetings, as needed. • Review of on -site project progress. This will be documented in the inspector's reports and field note records. • Documentation of pay quantities using Field Note Records, if required. • Verification of the contractor's work for compliance with the contract and City standards. • Documentation of construction progress, potential problems, and identified problems with photos and/or videos. • Upon substantial completion of the project, Parametrix staff along with appropriate City staff will perform a punch list walk-through of the entire project. The purpose is to itemize all miscellaneous uncompleted work items and/or faulty workmanship items that would need to be addressed before final acceptance of the project. Parametrix will document the list of outstanding items and coordinate with the contractor to expedite the completion. Deliverables • Observation reports. • Field note records. • Project photos. Assumptions • Total construction time will not exceed 52 weeks. • Any change orders that require additional contract time may require additional time or costs associated with this subtask. • Workdays will not exceed 8 hours per day or 40 hours per week. Weekend observation beyond 40 hours per week is not included in this scope of work. City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 7 September 2022 Page 41 of 122 SCOPE OF WORK (continued) Back to Agenda PROJECT MEETINGS AND DELIVERABLES Table 1. Project Meetings Meeting Number Meeting Name Design Services D1 Project Kickoff Meeting D2 Data Collection Site Visits D3 30% Draft Design Review Meeting D4 90% Design Review Meeting Construction Services C1 Preconstruction Meeting C2 Construction Phase Coordination Meeting Design services will include the following project deliverables • Project schedule • Monthly progress reports/invoices • Panel standards update • 30% Draft design • 30% comment response sheet • Probable construction cost (ECPCC) • 90% Draft design • 90% comment response sheet • Final bid documents • Responses to bidder inquiries Construction Services will include the following project deliverables: • Submittal/RFI review comments City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade 8 September 2022 Page 42 of 122 SCOPE OF WORK (continued) Back to Agenda EXHIBI i BUDGET The total compensation for this Task Order shall not exceed $195,220.00 as outlined in the attached budget spreadsheet (Exhibit 131). City of Port Orchard Sewer Lift Station Controls Upgrade 999-1589-999 September 2022 Page 43 of 122 Client: City of Port Orchard Project: Sewer Lift Station Controls Upgrade Project No: 999-1589-999 Exhibit B1 EMMMMOMEMMEEME Task SubTask Description Labor Dollars Labor Hours Data Collection and Review 30%Standards Update 30% Drawings 30% Review Meeting (D3) 90% Drawings 90% Review Meeting (D4) Final Bid Documents Update EOPCC Submittal and RFI Review construction Observation Site Visits Labor Totals: 186342.98 1031 48 40 40 160 2 40 200 16 365 40 8 8 12 52 To,. $186,342.98 $6,379.20 $4,968.80 $3,386.80 $43,084.80 $292.80 $5,692.00 $31,820.00 $4,189.12 $63,225.30 $5,555.20 $1,579.04 $984.56 $3,016.32 $12,169.04 Applied Professional Services Inc $1,012.00 Subconsultant $5,750.00 Subconsultants Total: $6,762.00 Other Direct Expenses Mileage $1,475.02 Survey Equipment ($160/Use( $640.00 Other Direct Expenses Total: $2,115.02 Project Total $195,220.00 Page 44 of 122 SCOPE OF WORK (continued Back to Agenda EXHIBIT C SCHEDULE Days are working days. Schedule dates indicate delivery from the Consultant to the City by close of business on the last day of the stated duration. City Provide Existing PS Documentation: Review Documents, Schedule and Perform Site Visits Submit 30% Deliverable Package: Submit 90% Deliverable Package: Submit Final Deliverable Package: City of Port Orchard Sewer Lift Station Controls Upgrade 10 days following Notice to Proceed 30 days following Receipt of Documentation 30 days following Completion of Site Visits 60 days following Review of 60% Draft Design 30 days following Receipt of 90% Comments 999-1589-999 September 2022 Page 45 of 122 SCOPE OF WORK (continued) Back to Agenda EXHIBIT D ANTICIPATED DRAWINGS City of Port Orchard 999-1589-999 Sewer Lift Station Controls Upgrade September 2022 Page 46 of 122 Back to Agenda EXHIBIT D Lift STATION ELECTRICAL IMPROVEMENTS ANTICIPATED DRAWINGS Dwg Type Description 30% 90%/Final G1 Cover Sheet/Overall Vicinity Map X X G2 Site Map (Showing all 6 locations) X X C1 Notes and Legend X X C2 Site Plan - Eagle Crest X C3 Grading, Drainage & TESC Plan X E1 Electrical Legend and Abbreviations X X E2 Eagle Crest LS Demolition X E3 Eagle Crest LS Details X X E4 Golden Pond LS Demolition X E5 Golden Pond LS Details X X E6 Cedar Heights LS Demolition X E7 Cedar Heights LS Details X X E8 Tremont Place LS Demolition X E9 Tremont Place LS Details X X E10 Flower Meadows LS Demolition X E11 Flower Meadows LS Details X X E12 Sedgwick (Bravo Terrace) LS Demolition X E13 Sedgwick (Bravo Terrace) LS Details X X E14 Typical LS Interconnect Diagram X X E15 Conduit and Cable Schedules X E16 Conduit and Cable Schedules X E17 Panel Elevations X E18 Electrical Sections and Details X Page 47 of 122 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7C Adoption of a Resolution Authorizing an Intergovernmental Cooperative Purchasing Agreement with the Arizona Department of Administration Back to Agenda Meeting Date: October 11, 2022 Prepared by: Matt Brown Atty Routing No. Atty Review Date Chief of Police 366922-0012-PD 10/06/2022 Summary: The Port Orchard Police Department has historically purchased patrol vehicles through a contract with the Washington State Department of Enterprise Services (DES). In August 2022, the vehicle that had been ordered for the FY2022 was cancelled by Ford Motor, Co. In September 2022, DES advised all participating agencies that they were required to make FY2023 purchase requests by September 14, 2022, and all requests needed to be backed by an approved budget. The City of Port Orchard will not approve its biennial budget until December 2023. This circumstance prevents the Police Department from utilizing DES to replace several aging vehicles in its fleet for an additional fifteen to twenty-four months. Pursuant to the provisions of RCW 39.24, the City of Port Orchard may enter into intergovernmental cooperative purchasing agreements with other public agencies to cooperatively purchase or acquire supplies, equipment, material, and services. Staff conducted research and identified a purchasing cooperative in Arizona that meets the needs of the City. The Arizona Department of Administration is a governmental agency that hosts a purchasing cooperative to assist public agencies across the country in reducing the cost of purchased goods and services through pooling the purchasing power of public agencies nationwide. Similar to RCW 39.34, the Arizona Revised Statutes, Article 10 Intergovernmental Procedure, authorizes cooperative purchasing for public procurement units including agencies that are outside of Arizona. Entering into an intergovernmental agreement with the Arizona Department of Administration will allow the police department to purchase patrol vehicles on time and within budget. Participation in the intergovernmental agreement will not cancel the agreement with DES and will provide an additional option for all City departments. This is a no -cost agreement that will be automatically renewed annually until terminated by either party. Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the City of Port Orchard to enter into an Interlocal Purchasing Agreement with the Arizona Department of Administration. Relationship to Comprehensive Plan: N/A. Page 48 of 122 Back to Agenda Motion for consideration: I move to adopt a Resolution authorizing the City of Port Orchard to enter into an Interlocal Purchasing Agreement with the Arizona Department of Administration. Fiscal Impact: None. Alternatives: Not authorize the Resolution and provide further guidance. Attachments: Resolution Arizona Department of Administration Agreement Page 49 of 122 Back to Agenda RESOLUTION NO. -22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING AN INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT BETWEEN ARIZONA DEPARTMENT OF ADMINISTRATION PURCHASING COOPERATIVE, AND THE CITY OF PORT ORCHARD, PURSUANT TO CHAPTER 39.34 RCW. WHEREAS, pursuant to the provisions of RCW 39.34, the City of Port Orchard may enter into intergovernmental cooperative purchasing agreements with other public agencies in order to cooperatively purchase or acquire supplies, equipment, materials and services; and WHEREAS, the Arizona Department of Administration is a governmental agency that hosts a purchasing cooperative to assist public agencies across the country in reducing the cost of purchased goods and services through pooling the purchasing power of public agencies nationwide; and WHEREAS, similar to RCW 39.34, the Arizona Revised Statutes, Chapter 23, Article 10 Intergovernmental Procurement, authorizes cooperative purchasing for public procurement units including agencies that are outside of Arizona; and WHEREAS, consistent with Chapter 39.34 RCW, the Interlocal Cooperation Act, the City of Port Orchard desires to enter into an Interlocal Purchasing Agreement with the Arizona Department of Administration; and WHEREAS, this is a no cost agreement that will be automatically renewed annually until terminated by either party; and WHEREAS, the City Council deems it to be in the best interest of the City and its residents to enter into the Agreement with the Arizona Department of Administration, attached hereto as Exhibit A and incorporated herein by this reference; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves of and authorizes the Mayor to execute the Intergovernmental Cooperative Purchasing Agreement with Arizona Department of Administration, attached hereto as Exhibit A and incorporated herein by this reference. Page 50 of 122 Back to Agenda THAT: The Resolution shall take full force and effect upon passage and signatures hereon. THAT: Pursuant to RCW 39.34.040, once this Agreement has been executed by both Port Orchard and Arizona Department of Administration, the City Clerk is directed to post a copy of this Agreement on the City's website as required by law. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 11th day of October 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 51 of 122 Doug Ducey ---Tobin Governor Back to Agenda ctor ARIZONA DEPARTMENT OF ADMINISTRATION OFFICE OF THE DIRECTOR 100 NORTH FIFTEENTH AVENUE • SUITE 402 PHOENIX, ARIZONA 85007 (602)542-1500 ARIZONA STATE PURCHASING COOPERATIVE AGREEMENT State of Arizona Procurement Office and ` � (Organization Name — Eligible Procurement Unit) This Cooperative State Purchasing Agreement ("Agreement") is entered between the parties in accordance with Arizona Revised Statutes §41-2631, et seq., Article 10 Intergovernmental Procurement, which authorizes cooperative purchasing for public procurement units and nonprofit organizations; and the Arizona Administrative Code R2-7-1001, which permits the governing body of any Eligible Procurement Unit to enter into an Agreement with the State for the purpose of utilizing State contracts. The purpose of this Agreement is to permit the Eligible Procurement Unit named above, hereafter known as the State Cooperative Member, to purchase materials and services from State contractors at the prices and terms expressed in contracts between the State and those State contractors. In consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result there from, the State and the State Cooperative Member agree as follows: 1. The State shall conduct the procurement in compliance with the Arizona Procurement Code, A.R.S. Title 41, Chapter 23, and its Rules, A.A.C. Title 2, Chapter 7. 2. The specifications for the materials and services will be determined by the State Procurement Administrator or delegated State agencies. 3. The State will identify the State Cooperative Member as an eligible participant in any solicitation intended for general use by State Cooperative Membe'rs. In addition, the State may invite the State Cooperative Member to participate in certain exclusive solicitations. Only State Cooperative Members indicating an interest in participating in these exclusive solicitations will be eligible to participate in the resulting State contracts. 4. The State Cooperative Member's use of eligible State contracts is discretionary. Participation in the State Pl92 Cooperative shall not restrict or limit ARIZONA STATE PURCHASING COOPERATIVE A Back to Agenda member's ability to seek competition as needed. However, the State Cooperative Member shall not use a State contract as a means of coercion to obtain improper concessions, including lower prices, from State contractors or any other suppliers for the same or similar materials or services. The State Cooperative Member is also prohibited from participating in any organization or group that seeks to obtain such concessions from State contractors or other suppliers based on State contracts. 5. The State shall provide the State Cooperative Member with access to listings of all eligible State contracts. The original copy of each State contract is a public record on file with the State. The State's eProcurement System shall provide all contract information available and be used for contract purchases. 6. The State Cooperative Member shall: a.) Ensure that purchase orders issued against eligible State contracts are in accordance with the terms and prices established in the State contract. b.) Make timely payments to the State contractor for all materials and services received in accordance with the terms and conditions of the State contract. Payment for materials or services and inspection and acceptance of materials or services ordered by the State Cooperative Member shall be the exclusive obligation of such unit. c.) Be responsible for the ordering of materials or services under this Agreement. The State shall not be liable in any fashion for any violation by the State Cooperative Member of this Agreement and, with the exception of other Arizona State entities subject to A.R.S. §41-621, the State Cooperative Member shall hold the State harmless from any liability which may arise from action or inaction of the State Cooperative Member relating to this Agreement or its subject matter. d.) Cooperate and assist the State when requested to validate transactions reported by vendors on quarterly usage reports filed with the State Procurement Office. 7. The exercise of any rights or remedies by the State Cooperative Member shall be the exclusive obligation of such unit; however, the State, as the contract administrator and without subjecting itself to any liability, may join in the resolution of any controversy should it choose to do so. 8. The State Cooperative Member shall endeavor to utilize State contracts to the fullest extent possible. That is, the State Cooperative Member is to make an effort to purchase all items covered under exclusive contracts and shall not fracture Page 2 of 5 ARIZONA STATE PUCHASING COOPERATIVE AGREEMMT'e 53 of 122 Updated 9/14/2021 ARIZONA STATE PURCHASING COOPERATIVE A Back to Agenda purchases by means of utilizing line items from alternate contracts. Such practices weaken the State's ability to negotiate lowest possible volume prices. Exclusive contracts are those that offer the State Cooperative member the option to participate exclusively, rather than permissively, and shall be identified as such within the contract documents. 9. Failure of the State Cooperative Member to secure performance from the State contractor in accordance with the terms and conditions of its purchase order does not necessarily require the State to exercise its own rights or remedies. 10. This Agreement shall take effect with execution by both Parties on the date signed by the State Procurement authorized signor, and shall remain in effect until cancelled by either party. The State reserves the right to amend the agreement during the term of the Agreement. 11. This Agreement may be canceled pursuant to the provisions of A.R.S. § 38-511. 12. This Agreement is exempt from the provisions of A.R.S. §§ 11-952(D) and 12-1518. 13. The State Cooperative Member certifies that its organization shall comply with the State and Federal Equal Opportunity and Non -Discrimination requirements and conditions of employment in accordance with A.R.S. Title 41 Chapter 9, Article 4 and Executive Order No. 2009-09 dated October 20, 2009. 14. The State Cooperative Member hereby acknowledges that each State contractor shall be remitting an administrative fee to the State, based upon the member's purchasing volume under the state contracts. 15. The State Cooperative Member authorizes State contractors to release usage information to the State. Usage information shall be limited to the State Cooperative Member's purchasing activity and shall generally consist of, but shall not be limited to, purchase order information including purchase date(s); units purchased, their descriptions and quantities; unit prices and aggregate amounts paid for all materials and services purchased off of the State's contract. 16. The State may terminate this Agreement without notice if the State Cooperative Member fails to comply with the terms of a State contract or this Agreement. 17. Except as provided in Paragraph 15, either of the Parties may terminate this Agreement with at least thirty (30) dyas written notice to the other party. Page 3 of 5 ARIZONA STATE PUCHASING COOPERATIVE AGREENMT 54 of 122 Updated 9/14/2021 ARIZONA STATE PURCHASING COOPERATIVE A, - Back to Agenda IN WITNESS WHEREOF, the Parties of this Agreement, having caused their names to be affixed hereto by their proper officers, hereby execute this Agreement on the dates indicated hereunder. FOR THE STATE COOPERATIVE MEMBER: FOR THE STATE: Signature: Name: _ Title: Date: Signature: Authorized SPO Representative Title: Date: Page 4 of 5 ARIZONA STATE PUCHASING COOPERATIVE AGREENMT 55 of 122 Updated 12/19/2019 ARIZONA STATE PURCHASING COOPERATIVE A Back to Agenda State Cooperative Member Contact Information Name of Organization: - 6 C �,p � C'-�-- D r C v C �tll -►- Name of Contact Person: Qualification: (Click the appropriate Box in either the Political �4cA n �, Subdivision or Non -Profit categories) Political Subdivision: Non -Profit Organization: 0 .................................................................. ... . Title of Contact Person: ❑ Federal ❑ Other ^O �� m� �'`t Agency/Gov't Educational El Healthcare SP�`�` S� Institution Institution State Tribal Nation ❑ Religous ❑ County ❑ Fire District Organization Telephone of Contact Person: ` 360 $� v City/Town ❑ Water District ❑ Charity ElPublic School ElOther: o Other: Telephone of Office: '' II E-mail address of Primary Contact Person: E-mail Address of Secondary Contact: PUIDI iv do r Ids (t . c) ��V)a,d'c� (If possible, please provide a general email address that can be forded to the contact person and that will not change should the contact person leave the organization. The person receiving email from the State Procurement Office at the address above needs to be responsible to forward the information to other interested parties at your organization as needed.) Physical Address: C?)L_Q Poospec__+_ S+V-Q-Q-+ Mailing Address (if different from the physical address): wry-) e- Federal ID Tax Number: 9 l -- U00 i L-4 s r-) *Non-profit entities must attach proof of non-profit status with the agreement Please notify the State Procurement Office of any changes to this information. Page 5 of 5 ARIZONA STATE PUCHASING COOPERATIVE AGREENRT 56 of 122 updated 9/14/2021 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 e FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Subject: Adoption of a Resolution Authorizing the Payment of Relocation Benefits for Venture Meeting Date: October 11, 2022 Prepared by: Charlotte Archer Charters, Inc., for the Bay Street Pedestrian Atty Routing No: Pathwav Proiect Atty Review Date: City Attorney 366922-0009 — PW N/A Summary: The City's Right of Way Acquisition and Relocation Consultant, Tierra Right of Way Services, Ltd., in conjunction with the City, identified Kitsap County Tax Parcel Nos. 4027-032-001-0102 and 4027-023-018-0003 (the "Property") as a necessary acquisition for the Bay Street Pedestrian Pathway Project. Those parcels served as both a primary residence as well as the headquarters of Venture Charters, Inc. (the "Business"), a business owned and operated by Randy A. Jones. The viability of the business was verified by Tierra Right of Way via income tax statements. The City purchased the Property earlier this year, and the Business has now relocated. Pursuant to WAC 468-100-301(4), the Business is entitled to relocation benefits for the costs to move the personal property of the business through either a commercial move or a self -move. Tierra has negotiated the moving expenses as a component of the Business' relocation benefits in accordance with Resolution No. 028-16 (Right -of -Way Acquisition Procedures) and the City's Relocation Assistance Program. On October 10, 2022, the Community Development Director executed the Agent Move Estimate Recommendations and associated Voucher No. 1, subject to Council approval: Voucher No 1. A Voucher providing benefits for eligible Business moving costs of $7,743.84 ($1,100 for packing materials and equipment; $5,193.84 for labor; $575 for truck rental; and $875 for junk removal). Please note: all expenditures associated with the Bay Street Pedestrian Pathway Project have been identified within the Project Funding Estimate (PFE) and are Grant eligible. Additionally, this payment is for moving expenses for the Business relocation, and a future claim for Business re-establishment is pending. Relationship to Comprehensive Plan: Chapter 8 - Transportation Recommendation: Staff recommends Council approve payment of the $7,743.84 for eligible moving expenses for the relocation of Venture Charters, Inc, as part of the Bay Street Pedestrian Pathway Project. Motion for Consideration: I move to authorize the payment of $7,743.84 for eligible relocation moving expenses for Venture Charters, Inc, as part of the Bay Street Pedestrian Pathway Project. Fiscal Impact: Grant and Local Match funding for this acquisition expenditure is allocated within the Project Funding Estimate (PFE) for the Project and the 2021-2022 Biennial Budget. Alternatives: None Attachments: Resolution Voucher No. 1 and supporting documents Page 57 of 122 Back to Agenda RESOLUTION NO. -22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE PAYMENT OF MOVING EXPENSES FOR VENTURE CHARTERS, INC., AS ELIGIBLE RELOCATION BENEFITS FOR THE BAY STREET PEDESTRIAN PATHWAY PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE ALL NECESSARY DOCUMENTS TO EFFECTUATE PAYMENT WHEREAS, the City previously acquired real property at 1777 Bay Street, Kitsap County Tax Parcel Nos. 4027-032-001-0102 and 4027-023-018-0003 (the "Property") to support the construction of the Bay Street Pedestrian Pathway Project (the "Project"); and WHEREAS, prior to the City's acquisition, the Property served as the corporate headquarters for the business Venture Charters, Inc. (the "Business"); and WHEREAS, in accordance with the City's Acquisition Procedures and Relocation Assistance Program, the City's Right of Way Acquisition and Relocation Consultant, Tierra Right of Way Services, Ltd., identified the eligible associated moving expenses resulting from the relocation of the Business; and WHEREAS, the consultant has identified the requisite relocation assistance benefits owing to the Business, and staff has reviewed and approved those determinations, in conjunction with the Washington State Department of Transportation, Local Programs, serving as Contract Administrator for the Project; and WHEREAS, the Port Orchard City Council finds it is in the best interest of the City to authorize the relocation payment consistent with the City's Relocation Assistance Program; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the payment of Relocation Benefits for moving expenses in the amount of $7,743.84, as set out in Voucher No. 1 incorporated herein by this reference, and authorizes the Mayor or his designee to execute all necessary documents to effectuate payment. Page 58 of 122 Back to Agenda PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 11th day of October 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 59 of 122 Back to Agenda To: Nick M. Bond, AICP, Development Director From: Leslie Findlay, ROW Operations Manager Marge Bailey, Project Manager Paula Ferreira -Smith, Relocation Agent Date: October 7, 2022 Project Title: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail) Parcel No.: 4027-032-001-0102 & 4027-023-018-0003 Displacee: Venture Charters, Inc., Business Relocation Federal Aid No: STPE-STPUS-0166(008) Displacee No.: 05 Subject: Agent Storage Cost Estimate Recommendation Background Information Venture Charters, Inc. is a day-to-day tour fishing business offering special event cruises and funeral charter boat services. They also offer a vacation rental with waterfront access. It is owned and operated by Randy Jones and Franklin Joseph Rusk. The displaced business has provided a completed copy of the most recent two years income tax. The displaced business, Venture Charters, Inc. is renting two storage units at 1960 Bay, St., Port Orchard, 98366. Unit 10 is a 10'x20' and unit 45 is a 10'x10' unit. The displaced business rented the units for the larger items, such as crab cages, fishing nets, tarps, and other large items related to the business operations that cannot be stored at the displacement site, located at 1777 Bay St. The items in the storage units are accessed daily for business operation activities. Due to the sale of the displacement site to the project, the business needs to move the storage items to the new replacement site located at 1116 Shorewood Dr, Bremerton. They need to move the inventory as it will no longer be conveniently located (9 miles) near the business site, and because they have space to store the items at the new site. Venture Charters, Inc. is eligible for relocation moving entitlements for moving the items from the storage site at 1960 Bay St. to the new replacement site at 1116 Shorewood Dr. Page 60 of 122 Back to Agenda The move of the personal property would be calculated with similar move within the project area. The personal property move cost calculation was calculated per Washington Utilities and Transportation Commission, Tariff No. 15-C (cancels Tariff No. 15-13) Rates, terms, and conditions for the transportation of household goods up to 50 miles. This has been determined to be a non-complex move, under $10,000, I have prepared an Agent Estimate using the Washington Utilities and Transportation Commission (WUTC) Tariff 15-C rates for personnel, packing materials and equipment. For labor, the WUTC prices for a move of more than 3 hours range from $37.93 to $96.70 for truck and driver and $29.63 to $84.03 per helper. For container prices I referenced the WUTC prices for selected items. I chose the high range prices for each due to move being in Seattle Metropolitan area which is applicable for the Kitsap County area. This move would require four movers for approximately two days to pack, load and unload the personal property within 50 miles of the displacement site. The majority packing efforts are required throughout the storage facility. I have estimated cost of packing materials for these efforts. The larger items such as crab cages, and movable items would require two movers and hand truck. Recommendation is as follows: No Time/ Truck/Driver/ Hours/ Description Labor/Items Rate/Hourly Days Sub -total Material (Excluding sales Tax) 0 $1,100 0 $1,100.00 Project Lead 1 $96.70 12 $1,160.40 Additional Labor/Person- Day 1 4 $84.03 12 $4,033.44 Truck rate per day (2 trucks x 2 days x 4 trips) 287.50 1 $287.50 2 $575 Estimated Business Personal Property Move Cost $6,868.84 Using the WUTC rates, the agent estimate calculation is less than the $10,000 threshold set fort in the WSDOT Right of Way Manual, Chapter 12.8.4. Therefore, I recommend the City of Port Orchard offer to Venture Charters, Inc., a moving entitlement of $6,868.84 and the cost of junk removal from the displacement site in the amount of $875 for a total of $7,743.84 as actual reasonable and necessary to move the fishing tours, vacation rental, special event cruises, and funeral charter boat, for the displaced business personal property inventory. Sincerely, Paula Ferreira -Smith, RW-RAC Relocation Agent/Specialist Tierra Right of Way Services, Ltd. The undersigned has reviewed and approve the above Agent Move Estimate Recommendations for personal property business relocation benefits determination. Page 61 of 122 Back to Agenda City of Port Orchard Nick M. Bond, AICP Development Director Date Page 62 of 122 Back to Agenda Washington Utilities and Transportation Commission Tariff 15-C -- Household Goods Section 3 — Local Moves 21d Revised Page No. 50* ITEM 230 - HOURLY RATES 1. Hourly rates apply during regular hours only. For other than regular hours, overtime charges will apply in addition to these hourly rates. 2. Time must be recorded to the nearest increment of 15 minutes. The carrier must require its employees to record breaks and interruptions. The customer must not be charged for breaks or interruptions caused by the carrier's personnel. 3. The minimum charge for a shipment moving under hourly rates is one hour. 4. When transporting a single shipment, the carrier may bill the customer either: a. The time beginning when the moving vehicle leaves the carrier's terminal or other location of the vehicle (whichever is closest) to the origin of the shipment, until the time the vehicle returns to the carrier's terminal or is dispatched to another job. b. Flat travel time for the time from the carrier's terminal or other location of the vehicle (whichever is closest) to the origin of the shipment and the time from the shipment's destination to the carrier's terminal. 5. When a single vehicle combines two or more shipments, the time charged to each customer must be the actual time spent conducting packing, loading, unloading and unpacking plus an equitable division of the total travel time. 6. Carriers will charge local moves at the following rates: a. Charge for truck and driver: i. For a move three hours or less induration, a minimum of $39.20 per hour and a maximum of $99.92 per hour. ii. For a move more than three hours induration, a minimum of $37.93 per hour and a maximum of $96.70 per hour. b. Additional charge for each additional worker: i. For a move three hours or less induration, a minimum of $30.69 per hour and a maximum of $87.04 per hour. ii. For a move more than three hours in duration, a minimum of $29.63 per hour and a maximum of $84.03 per hour. Carriers will charge the following minimum charges: a. For service provided at the customer's request: i. A minimum of one hour, Monday through Friday, excluding state -recognized holidays, between 8:00 a.m. and 5:00 p.m. ii. A minimum of four hours on Monday through Friday, before 8:00 a.m. and after 5:00 p.m. or on a Saturday, Sunday or state -recognized holiday. *Revised in Docket TV-190664 Effective: February 21, 2020 Page 63 of 122 Back to Agenda Washington Utilities and Transportation Commission Tariff 15-C -- Household Goods Section 3 - Local Moves 311 Revised Page No. 49* ITEM 225 - CONTAINER PRICES Prices are for containers (packing materials) only. If the customer requests delivery or pickup of containers, Item 230 (Hourly Rates) will apply. When available, the customer may purchase used containers at 50 percent of the prices shown below. This does not include reusable plastic containers. Carriers may rent reusable plastic containers to customers at the rates shown below. The carrier will provide the customer with a document outlining the terms and conditions for reusable plastic container rental, signed by the carrier and the customer. Carriers may provide free de minimis use of wardrobe cartons and reusable plastic containers on the day of the move. Type of Container Charge per Container Minimum Maximum DRUM, DISH PACK (drum, dish -pack, barrel, or other specially designed containers, not less than 5 cu. ft. capacity, used for packing glassware, chinaware, table lamps or other similar fragile articles, with inserts or dividers) $10.05 $26.43 WASHER PACKING KIT $3.30 $8.71 FRONT LOAD WASHING MACHINE KIT (Kit cost only) $60.00 $98.75 CARTONS (not less than 200 lb. test) Less than 3 cu. ft. $2.08 $5.49 3 cu. ft. $3.10 $8.16 4 112 cu. ft. $3.72 $9.79 6 cu. ft. $4.38 $11.53 REUSABLE PLASTIC CONTAINERS (not less than 2.5 cu. ft.) Weekly rental $1.37 $6.58 DOLLIES (designed for stacking reusable plastic containers) Weekly rental $3.33 $8.23 WARDROBE CARTON (not less than 10 cu. ft.) $7.91 $21.15 MATTRESS CARTONS Crib mattress carton $3.57 $9.42 Twin maltress carton $6.47 $17.02 Double mattress carton $8.05 $21.19 Queen mattress carton $9.11 $23.97 King mattress carton $13.05 $34.33 King box spring carton $14.89 $39.18 MATTRESS COVERS Twin maltress single -use cover Double mattress single -use cover Queen mattress single -use cover King mattress single -use cover $4.95 $6.00 $7.80 $8.25 $10.42 $12.63 $16.42 $17.36 LAMP CARTON $4.38 $9.22 MIRROR CARTON (corrugated) $8.04 $20.79 FLAT SCREEN TV CARTON $28.75 $208.46 CRATES AND CONTAINERS (other than described above, designed for mirrors, paintings, glass or marble tops, and similar fragile articles) Price per cubic foot or fraction (gross measurement of crate or container) $1.86 $11.71 Crate (minimum) $6.35 $35.13 Revised in Docket TV- 190664 Effective: February 21, 2020 Page 64 of 122 Back to Agenda Page 65 of 122 d8ack to Agenda Agency Name: Mark R. Dorsey, P.E., Public Works Director City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 I hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the Agency. That the same or any part thereof has not been paid, and that I am authorized to sign for the claimant. I further certify that I am a citizen of the United States of America or am an alien lawfully present in the United States of America. Displaced Person(s) or Claimant Venture Charters, Inc. 1777 Bay St Port Orchard, WA 98366 Signature (Blue ink) for each claimant X Date Randy A. Jones x Project Title: City of Port Orchard Pedestrian Enhancement Project (Mosquito Fleet Trail Parcel No.: 4027-032-001-0102 & 4027- 023-018-0003 Displacee No.: 4 Displacee Name: Venture Charter, Inc Date Parcel Vacated: 8/10/2022 and 10/02/2022 from storage facility Replacement Housing Payments $ Amounts Price Differential — 90-dayowner for amounts up to $31,000 $0.00 MIDP - Increased Mortgage Interest Payment $0.00 Incidentals JN75 / JN79 $0.00 Last Resort Housing — owner for amounts over $31,000 $0.00 Rental Supplement — 90-daytenants and certain others amounts up to $7,200 $0.00 Down Payment Assistance — 90-daytenants and certain others $0.00 Last Resort Housing — tenants amount over $7,200 $0.00 Comments / other (describe): $0.00 Moving Expense Payments $00 Self -Move / Schedule Payments — residential $0.00 Actual Expenses Commercial Move/Actual Cost Self Move — residential move bid cost $0.00 Fixed Payment in lieu of all other moving expenses) - Non -Residential $0.00 Actual Costs / Self Move / Commercial - Non -Residential (Agent Move Estimate Recommendation $6,866.84 + Pre -move clean-up junk removal move cost $875.00 $7,743.84 Reestablishment Costs - Non -Residential $0.00 Personal Property Only $0.00 Comments / Other (describe): DO NOT MAIL CHECK. HOLD FOR TIERRA' S AGENT TO PICK UP. CHECK TO BE DELIVER BY AGENT AT STORAGE FACILITY MOVE -OUT INSPECTION. (Storage facility at 1960 Bay Street to the replacement site at 1116 Shorewood Dr., Bremerton, WA) 0.00 Deductions: _$0.00 TOTAL 4 $7,743.84 Invoice No.: Date: Amount: $ ACCOUNT CLASSIFICATION PARCEL JOB NUMBER OP ACCOUNT CONTROL SECTION ORG. NO. NON -PART TOTALS DOLLARS WORK ORDER�GRWORK OBJ SUB TOTAL 4 $7,743.84 RELOCATION SPECIALIST: Paula Ferreira- Smith, RW-RAC DATE: 10/7/2022 RELOCATION SUPERVISOR: Leslie Findlay DATE: 10/7/2022 I, the undersigned, certify that the above information is correct, that the payment is necessary for the above relocation assistance, that it has been performed in accordance with prescribed procedures, and that this payment is not considered income or resources to a "DISPLACED PERSON" pursuant to Section 216 of Public Law 91-646 and RCW 8.26.115.: Warrant Register No.: Voucher No.: Nick A Bond, AICP, Development Director Date Page 66 of 122 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Subject: Adoption of a Resolution Authorizing a Purchase with LN Curtis for Twenty-five Sets of Forced Entry Tools Back to Agenda Meeting Date: October 11, 2022 Prepared by: Matt Brown Chief of Police Atty Routing No.: 366922-0012 Atty Review Date: 10/05/2022 Summary: In 2022, the Port Orchard Police Department conducted an examination of the tools provided to its patrol officers that would allow the forced entry into various structures. Forced entries are generally conducted to save lives during critical incidents such as fires, active shootings, and natural disasters. The examination determined that the tools in use were limited and not sufficient for immediate availability in the field. Staff conducted research and determined that utilizing forced entry tools identical to those used by the fire service would allow for cross -training and the immediate deployment if these critical tools during emergency situations. The Police Department identified LN Curtis as an approved vendor for the desired entry tools, along with a corresponding National Purchasing Partners (NPP) Contract PS20015/1910. The City has executed a master purchasing agreement with NPP Consistent to allow the City to utilize contracts procured and hosted by NPP. Consistent with the City's Procurement Policies and Procedures, Staff reviewed the procurement process utilized by NPP for this contract to confirm the City's procurement requirements were met and obtained necessary documentation from NPP and the vendor regarding procurement. On October 6, 2022, Police Department staff requested a quote from LN Curtis consistent with the NPP Contract PS20015/1910. On October 6, 2022, LN Curtis provided a quote of $12,507.49 (applicable tax and shipping included), which is consistent with NPP Contract rates. The department is budgeted for twenty-three (23) commissioned peace officers. The purchase of twenty-five (25) sets of forced entry tools is recommended to account for those that may be damaged by use or other factors. The proposed purchase can be absorbed by the current 2021-2022 Police Department budget authority. Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the purchase of twenty-five (25) sets of forced entry tools from LN Curtis through NPP Contract PS20015/1910 for a total purchase price of $12,507.49 (applicable tax and shipping included) Relationship to Comprehensive Plan: N/A. Page 67 of 122 Back to Agenda Motion for consideration: I move to adopt a Resolution authorizing the purchase of twenty-five (25) sets of forced entry tools from LN Curtis, for a total purchase price of $12,507.49 (applicable tax and shipping included). Fiscal Impact: Funding will be financed through the current 2021-2022 Police Department budget authority. Alternatives: Not authorize the Resolution and provide further guidance. Attachments: Resolution Vendor Quote Interlocal Agreement Checklist Page 68 of 122 Back to Agenda RESOLUTION NO. -22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE PURCHASE OF FORCED ENTRY TOOLS FOR THE POLICE DEPARTMENT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the Port Orchard Police Department recently identified the need for forced entry tools to perform the public safety functions of the Department; and WHEREAS, the City has a master purchase agreement with National Purchasing Partner (NPP) (City Contract No. C008-02) which allows the City to utilize the contracts hosted by NPP for services and purchases, so long as the City confirms the contract complies with all applicable statutory procurement requirements for the purchase or service, per RCW 39.34.030; and WHEREAS, the Police Department identified LN Curtis as an approved vendor for the desired forced entry tools, awarded via NPP Contract PS20015/1910; and WHEREAS, Staff reviewed the procurement process utilized by NPP for this Contract to confirm the procurement requirements were met and obtained necessary documentation from NPP and the vendor regarding procurement; and WHEREAS, on October 6, 2022, Police Department staff requested a quote from LN Curtis and on September 2, 2022, LN Curtis provided a quote of $12,507.49 (applicable tax and shipping included), and staff verified this quote is consistent with the NPP Contract pricing; and WHEREAS, on October 6, 2022, the Police Department completed the Interlocal Agreement Purchase Checklist for the selected vendor; and WHEREAS, funding for the proposed purchase will be financed from the current 2021-2022 Police Department budget without a necessary amendment; and WHEREAS, the City Council has approved procurement policies which require City Council authorization for purchasing items costing $7,500 or more that are not consistent with the adopted budget; and WHEREAS, the LN Curtis quote is attached as Exhibit A is for the purchase of forced entry tools in an amount that does exceed the $7,500 limit; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described herein for this purchase by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Page 69 of 122 Back to Agenda THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of twenty-five (25) sets of forced entry tools from LN Curtis in the amount of $12,507.49 (applicable tax and shipping included). The Mayor or his designee is authorized to take all actions necessary to effectuate the purchase consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor, and attested by the City Clerk in authentication of such passage on this 11t" day of October 2022. ATTEST: City Clerk, Brandy Wallace, MMC Robert Putaansuu, Mayor Page 70 of 122 CITY OF PORT ORCHARD Back to Agenda PURCHASES THROUGH INTERLOCAL AGREEMENTS City Contract No.: C008-02 Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name): National Purchasing Partner No. PS20015/1910 Item Description: Forced entry tools Do you have an Interlocal agreement signed with the Contract (host) Agency? ❑X If yes, where is it filed: Clerks Office ❑ If no, get a mutually signed Agreement in place before you continue. NPP Contract No.#: PS20015/1910 If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test because the OSP contracts comply with remaining requirements and retain the documentation on hand for SAO to review in the OSP offices. Is this a technology contract? ❑ If yes, do your own rules allow for technology contracts to be negotiated? ❑ If your own rules allow for negotiated IT contracts, you can skip this test. Is this a services contract? ❑ If yes, do your own rules allow services to be negotiated? ❑ If your own rules allow for negotiated services, you can skip the remainder of the test. Are you using this as only one of multiple quotes, for a small purchase? ❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules. ❑ If no, complete the remainder of the checklist. Checklist for Re uired Compliance Is the Host agency a public agency'? ❑X Yes ❑ No If Yes, what state laws apply to Host Agency: Texas Does the host agency have a requirement ❑X Yes ❑ No See RFP on file. to run a newspaper ad in their local paper and did they comply Did they list on the public agency's ❑X Yes ❑ No See RFP on file. website? Did the bid & award comply with the ® Yes ❑ No See documentation on file. Host agency's state procurement laws? 1 RCW 39.34.020 (1), "public agency' means any agency, political subdivision, or unit of local government of this state including, but not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any political subdivision of another state Page 71 of 122 Ph: 253-566-2686 Fax: 253-236-2972 kentCcDcurtisblueline.com UEI#: DDLSADSWN7U7 CUSTOMER: Port Orchard City Police Department 216 Prospect Street Port Orchard WA 98366 REQUISITION NO. Irons F.O.B. SP [=IN] Z74 Id illI� TOOLS FOR HEROES SHIP TO: Port Orchard Police Department Cyndi Circelli 546 Bay St. Port Orchard WA 98366 Back to Agenda CBL Kent 208th Street Kent, WA 98032 www.CurtisBlueLine.com Quotation No. 239645 Quotation QUOTATION NO. ISSUED DATE EXPIRATION DATE 239645 10/06/2022 11 /05/2022 SALESPERSON CUSTOMER SERVICE REP Bob Idle Joshua Wood bidle(a)curtisblueline.com idwoodCaNncurtis.com 206-799-0957 206-596-7915 REQUESTING PARTY CUSTOMER NO. Chief Matt Brown C38254 SHIP VIA DELIVERY REQ. BY Standard Shipping TERMS OFFER CLASS Net 30 NPP-FFE SPECIAL INSTRUCTIONS ** Pricing per LNC NPPGov PS20015 (Firefighting Equipment), Member M-5728492. ** NOTES & DISCLAIMERS Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above. Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. Any handlers or users of product should refer to applicable SDS prior to handling or utilizing the product. Applicable SDS are included with shipment of products. For other important product notices and warnings, or to request an SIDS, please contact Curtis or visit https://www.Incurtis.com/product-notices-warnings ** Shipping is only an estimate and subject to change at the time of shipment. ** LN QTY UNIT 1 25 EA PART NUMBER DESCRIPTION LS8 FIRE HOOKS Lock Slot 8 Axe with Fiberglass Handle 2 25 EA PB-30 FIRE HOOKS 30" Pro -Bar without Ring Options MS1 FIRE HOOKS MARRYING STRAP- $15.60 each ISS82 FIRE HOOKS IRONS SHOULDER STRAP- $54.00 each UNIT PRICE TOTAL PRICE $153.90 $3,847.50 $284.05 $7,101.25 Page 1 of 2 Page 72 of 122 Ph: nCcDc 566-2686 C U RTI5 Fax:253-236-2972 kentCc�curtisblueline.com UEW DDLSADSWN7U7 TOOLS FOR HEROES LN QTY UNIT PART NUMBER DESCRIPTION Small Business CAGE Code: 5E720 DUNS Number: 009224163 SIC Code:5099 Federal Tax ID: 94-1214350 Back to Agenda CBL Kent 208th Street Kent, WA 98032 www.CurtisBlueLine.com Quotation No. 239645 UNIT PRICE TOTAL PRICE This pricing remains firm until 11/05/2022. Contact us for updated pricing after this date. Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons office prior to placing your order to confirm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract -specific prices, terms, and conditions. Subtotal Estimated Tax Total Transportation* *(to be added when order ships) Total $10,948.75 $1, 053.74 $505.00 $12,507.49 View Terms of Sale and Return Policv Page 2 of 2 Page 73 of 122 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7F Adoption of Resolution Grantine Final Plat Approval for McCormick West Division 12, Phase 2 Back to Agenda Meeting Date: October 11, 2022 Prepared by: Nick Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: On August 1, 2022, McCormick Development Corporation submitted an application for final plat approval for Division 12, Phase 2 of the McCormick West subdivision project. The Kitsap County Hearing Examiner granted preliminary plat approval with conditions on May 30, 2008. Pursuant to WAC 197-11-630 and 965, Kitsap County issued a Notice of Adoption of Existing Environmental Documents for this proposal. The McCormick West proposal was included with a group of projects known as the McCormick Urban Village under the South Kitsap Urban Growth Area / ULID #6 Supplemental Environmental Impact Statement (EIS). The ULID #6 DSEIS was issued October 26, 2001 and the ULID #6 FSEIS was issued January 9, 2002. The applicant for final plat submitted a request for an administrative minor plat amendment from the City of Port Orchard which was approved on February 12, 2021. The final plat for Division 12, Phase 2 of the McCormick West subdivision creates 88 single-family residential lots and 14 tracts. The applicant has installed or bonded for roadway illumination, roads, sidewalks, landscaping, water and sewer, and storm drainage improvements, and the City has received acceptable bonds guaranteeing completion of any improvements not yet completed. Streets within this final plat are for public use and will be accepted into the City's road system. The applicant has proposed a Dedication or right-of-way through Warranty Deed to the City of Port Orchard for Gleneagle Avenue SW that will provide a connection from the existing Gleneagle Avenue SW right-of-way to the newly constructed roads that provide access to McCormick West. This proposed dedication of right-of-way is fully described and mapped in Attachment 08a-08b. Recommendation: Adoption of a resolution, granting approval of the final plat of Plat of McCormick West, Division 12, Phase 2. Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for McCormick West, Division 12, Phase 2. Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure. Alternatives: Approval with added conditions. Attachments: 01 - Resolution, 02 - Plat map, 03 - Department of Community Development Approval Letter, 04 - Public Works Approval Letter, 05 - Bill of Sale, 06 - Performance Bond for certain civil improvements, 07 - Landscaping Performance Bond for Divisions 11-12 in their entirety, and 08a/08b — Warranty Deeds to accomplish the proposed dedication of right-of-way for Gleneagle Avenue SW. Page 74 of 122 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR AN 88-LOT AND 14-TRACT PLAT KNOWN AS MCCORMICK WEST DIVISION 12 PHASE 2 WHEREAS, property owner Greg Krabbe, on behalf of McCormick Development Corporation and West X SW Investment Holdings LLC (hereinafter "Applicant"), has submitted an application for final plat approval of the project known as McCormick West, Division 12, Phase 2 on undeveloped property located in the City of Port Orchard (hereinafter "the Property"); and WHEREAS, the Applicant has proposed to dedicate by separate instrument certain improvements to the City of Port Orchard for the purpose of providing access to the area known as McCormick West which includes the Division 12 Phase 2 final plat area. This dedication of right-of- way includes land commonly known as Gleneagle Avenue SW and is fully described and mapped in the Warranty Deed attached to this Resolution as Exhibit A; and WHEREAS, in 2008, the Applicant received preliminary plat approval from the Kitsap County Hearing Examiner for a master planned subdivision of 606 acres into as many as 1,545 single-family residential lots known as McCormick West Preliminary Plat (Kitsap County file #05 30003); and WHEREAS, on August 1, 2022, application was submitted for the final plat of Division 12 Phase 2 of the McCormick West preliminary plat to include 88 single-family residential lots and 14 tracts; and WHEREAS, the Property is subject to a Development Agreement vesting the property to certain development standards, recorded on December 19, 2011; and WHEREAS, the Property is subject to a Development Agreement for traffic, recorded on October 21, 2005 as modified and recorded on February 19, 2021; and WHEREAS, on February 12, 2021, the City of Port Orchard Development Director approved a Minor Plat Amendment to the McCormick West preliminary plat; and WHEREAS, City staff have reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in place to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded, and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and Page 75 of 122 Back to Agenda WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the Applicant has secured bonds guaranteeing completion of certain improvements required by the Preliminary Plat Approval; and WHEREAS, the City Council finds that the McCormick West Division 12 Phase 2 Final Plat conforms to all terms and conditions of the preliminary plat approval, as approved by the Hearing Examiner, and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and WHEREAS, the City Council finds that the McCormick West Division 12 Phase 2 Final Plat conforms to the applicable zoning requirements and Port Orchard's Comprehensive Plan; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council approves the final plat for McCormick West Division 12 Phase 2, as illustrated and as legally described in Exhibit B, attached hereto; and THAT: The McCormick west Division 12 Phase 2 subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 111" day of October 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 76 of 122 Back to Agenda MCCU"RMICK WEST �,IIVISION 12, PHASE � SHEET 1 OF 11 PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4, SW 1/4 OF THE NE 1/4 &THE NW 1/4, SW 1/4 OF THE SE 1/4 &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON DEDICATION APPROVALS KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN THE FEE SIMPLE OR CONTRACT PURCHASER AND MORTGAGE HOLDER OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES SHOWN THEREON AND USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON. THE UNDERSIGNED OWNERS HEREBY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID ROAD. THIS SUBDIVISION HAS BEEN MADE WITH OUR FEE CONSENT AND IN ACCORDANCE WITH OUR DESIRES. ALL WATER MAINS AND APPURTENANCES LOCATE WITHIN PUBLIC RIGHT-OF-WAYS OR WITHIN EASEMENTS DEDICATED TO THE CITY OF PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF PORT ORCHARD. ALL SANITARY SEWER MAINS, STORM DRAINAGE MAINS AND APPURTENANCES LOCATE WITHIN PUBLIC RIGHT-OF-WAYS OR WITHIN EASEMENTS DEDICATED TO THE CITY OF PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF PORT ORCHARD. THE UNDERSIGNED OWNER OR OWNERS OF THE INTEREST IN THE REAL ESTATE DESCRIBED HEREIN HEREBY DECLARE THIS MAP AND DEDICATE THE SAME FOR A COMMON INTEREST COMMUNITY NAMED MCCORMICK WEST DIVISION 12 PHASE 2 AS THAT TERM IS DEFINED IN THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT, SOLELY TO MEET THE REQUIREMENTS OF THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT AND NOT FOR ANY PUBLIC PURPOSE. THIS MAP AND ANY PORTION THEREOF IS RESTRICTED BY LAW AND THE DECLARATION FOR RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE NOS. DATED THIS DAY OF 20 MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION JAMES N. TOSTI, AUTHORIZED SIGNATORY ACKNOWLEDGMENTS STATE OF WASHINGTON ) )SS COUNTY OF ) MCCORMICK COMMUNITIES, LLC A WASHINGTON LIMITED LIABILITY COMPANY SUCCESSOR IN INTEREST TO MERGER TO WEST x SW INVESTMENT HOLDINGS, LLC A WASHINGTON LIMITED LIABILITY COMPANY JAMES N. TOSTI, AUTHORIZED SIGNATORY ON THIS __ DAY OF , 20 . BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED JAMES N. TOSTI TO ME PERSONALLY KNOWN (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE AUTHORIZED SIGNATORY OF MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION, THE CORPORATION AND COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES THE PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY, IS THE CORPORATE SEAL OF SAID CORPORATION AND COMPANY. WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT MY COMMISSION EXPIRES PRINT NOTARY NAME SURVEYOR'S ACKNOWLEDGMENT STATE OF WASHINGTON )SS COUNTY OF ) ON THIS DAY OF _ 20 . BEFORE ME, GLENN R. SPRAGUE, PERSONALLY APPEARED, PROVED TO ME TO BE THE INDIVIDUAL DESCRIBED IN AND WHO EXECUTED THE WITH AND FORGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE SIGNED THE SAME AS HIS FREE AND VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED. WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE ABOVE WRITTEN NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT �1TiliPI�IWropim:pJ0T�1 PRINT NOTARY NAME IWI]h 3 PUGET SOUND SINCLAIR INLET 16 a a W OLD CLIFTON R 0 r SITE �y WOODS g VICINITY MAP 1" = 4,000' NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 & THE NW 1/4, SW 1/4 OF THE NE 1/4 & THE NW 1/4, SW 1/4 OF THE SE 1/4 & THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SEC. 8, TWP. 23N, RGE. 1E, W.M. THE NW Y4, NE 1/4, SE 1/4, SW 1/4 OF \ THENWI 4&THE NWI/4OFTHE NEI/41- & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SEC 17, TWP. 23N, RGE. 1E, W.M. CITY ENGINEER'S APPROVAL I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF STREETS. ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED BY ME THIS _ DAY OF 20_. CITY ENGINEER COMMUNITY DEVELOPMENT DIRECTOR I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF STREETS. ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED THIS _ DAY OF 20_. COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD. THIS _ DAY OF 20_. CITY CLERK MAYOR CITY FINANCE DIRECTOR I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THE PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED. EXAMINED AND APPROVED THIS _ DAY OF 20_. FINANCE DIRECTOR DATE COUNTY TREASURER THIS IS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAS BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR EXECUTED THIS _ DAY OF _, 20_. COUNTY TREASURER COUNTY AUDITOR FILED AT THE REQUEST OF GLENN R. SPRAGUE, P.L.S, THIS DAY OF 20___, AND RECORDED IN VOLUME - OF PLATS, PAGE(S) , RECORDS OF KITSAP COUNTY, WASHINGTON. AUDITOR'S FILE NUMBER KITSAP COUNTY AUDITOR SURVEYOR CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION, IN MAY, 2022. 1 HEREBY CERTIFY THAT THIS MAP FOR MCCORMICK WEST DIVISION 12 PHASE 2, A PLAT COMMUNITY, IS BASED UPON AN ACTUAL SURVEY OF THE PROPERTY HEREIN DESCRIBED; THAT THE BEARINGS AND DISTANCES ARE CORRECTLY SHOWN; THAT ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; AND TO THE EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN ON THE MAP. GLENN R. SPRAGUE DATE CERTIFICATE NUMBER 41299 vet' o Rir Sp�4 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE v� s� PLANNING ��° 41299 �q ., Qaw DESIGN SURVEYING �4�* ct STS.. ANAL LAB 72100 NE 195th St, Suite 300 Bothell, Washington 9807 1 425.885.7877 JOB NO_ 2"0197 Page 77 of 122 LU22-Plat Final-03 Back to Agenda MCC("`N)RM1CK WEST �IVISJON 1.2.��`l �SJl' 2 SHEET 2 OF 11 PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4, SW 1/4 OF THE NE 1/4 &THE NW 1/4, SW 1/4 OF THE SE 1/4 &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON LEGAL DESCRIPTION THE LAND IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: PARCEL I: TRACT 1G, MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, AN AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL II: TRACT 1T, MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, AN AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. PARCEL III: RESULTANT PARCEL 3 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 202103180066, AND AS DEPICTED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO. 202103180067, IN VOLUME 92 OF SURVEYS, PAGES 244 THROUGH 247, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER, SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY, WASHINGTON. PARCEL IV: RESULTANT PARCEL 2 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 202103180066, AND AS DEPICTED ON SURVEY RECORDED UNDER AUDITOR'S FILE NO. 202103180067, IN VOLUME 92 OF SURVEYS, PAGES 244 THROUGH 247, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHWEST QUARTER AND A PORTION OF THE NORTHWEST QUARTER, SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. IN KITSAP COUNTY, WASHINGTON. PARCEL V: PARCEL 1 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 200010310145, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. PARCEL VI: PARCEL 2 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 200010310145, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. PARCEL VII: PARCEL 3 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 200010310145, BEING A PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. PARCEL VIII: PARCEL 4 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 200010310145, BEING A PORTION OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. PARCEL IX: PARCEL 5 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 200010310145, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. PARCEL X: PARCEL 6 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 200010310145, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. PARCEL XI: PARCEL 7 OF 20 ACRE LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 200010310145, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. RESTRICTIONS OF RECORD 1. THIS SITE IS SUBJECT TO THE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND ASSESSMENTS; BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(C), OF THE UNITED STATES CODE RECORDED UNDER RECORDING NUMBER 202006240286. SAID DOCUMENT SUPERSEDES AND REPLACES ALL PREVIOUSLY RECORDED DECLARATIONS FOR MCCORMICK WOODS PUD. AMENDMENT(S) AND/OR MODIFICATION(S) OF SAID COVENANTS RECORDED RECORDING NUMBERS 202102170330, 202109070143, 202202240060, AND 202203230009. 2. THIS SITE IS SUBJECT TO PROVISIONS OF THE ARTICLES OF INCORPORATION AND BY-LAWS OF THE MCCORMICK WOODS ASSOCIATION AND ANY TAX, FEE, ASSESSMENTS OR CHARGES AS MAY BE LEVIED BY SAID ASSOCIATION. 3. THIS SITE IS SUBJECT TO AN ANNEXATION AGREEMENT/DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED UNDER RECORDING NUMBER 201112190136. 4. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "ASSIGNMENT OF AGREEMENTS, EASEMENTS, COVENANTS AND RECORDED INTERESTS IN PROPERTY" RECORDED UNDER RECORDING NUMBER 201512310228. 5. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED 'DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD AND MCCORMICK FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS" RECORDED UNDER RECORDING NUMBER 202102190203. 6. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED 'DECLARATION OF COVENANT ASSOCIATED WITH PERFORMANCE OF SITE STABILIZATION AND EROSION AND SEDIMENTATION CONTROL" RECORDED UNDER RECORDING NUMBER 202103040174. (AS TO PARCELS I, II, III, IV AND VII) 7. THIS SITE IS SUBJECT TO ANY AND ALL OFFERS OF DEDICATIONS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES AND/OR PROVISIONS SHOWN OR DISCLOSED ON THE FACE OF THE PLAT OF MCCORMICK WEST DIVISION 11, RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, BEING AN AMENDMENT OF VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SHOWN HEREON WHERE APPLICABLE. (AS TO PARCELS I AND II) 8. THIS SITE IS SUBJECT TO A CREDIT AGREEMENT FOR CAPITAL FACILITY CHARGES AND THE TERMS AND CONDITIONS THEREOF RECORDED UNDER RECORDING NUMBER 202203300107. 9. THIS SITE IS SUBJECT TO THE TERMS AND CONDITIONS OF A DEED OF TRUST, RECORDED UNDER RECORDING NO. 202203240101. (AS TO PARCEL I AND INCLUDES OTHER PROPERTY) 10. REFERS TO TAXES FOR THE YEAR 2022.INTENTIONALLY LEFT BLANK. 11. THIS SITE IS SUBJECT TO AN EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED UNDER RECORDING NO. 781118, FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM. (AS TO PARCEL II) 12. THIS SITE IS SUBJECT TO A SETTLEMENT FOR SURFACE AND GROUNDWATERS OF COULTER CREEK AND THE DRAINAGE BASIN AGREEMENT AND THE TERMS AND CONDITIONS THEREOF, AS RECORDED UNDER RECORDING NO. 8005020087 (AS TO PARCELS IV, V, A IX AND X) 13. THIS SITE IS SUBJECT TO A WATER ALLOCATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED UNDER RECORDING NO. 9209170094 (AS TO PARCELS IV, V, VI, IX AND X) 14. THIS SITE IS SUBJECT TO AN EASEMENT FOR PUBLIC TRAIL AND THE TERMS AND CONDITIONS THEREOF RECORDED UNDER RECORDING NO. 9603250123 (AS TO PARCEL VIII - THE EXACT LOCATION IS NOT DESCRIBED) 15. THIS SITE IS SUBJECT TO AN ACCESS EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED UNDER RECORDING NO. 9609240198 (AS TO PARCEL II) 16. THIS SITE IS SUBJECT TO AN EASEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED UNDER RECORDING NO. 3043944 (AS TO PARCELS II AND III). AND MODIFICATION AND PARTIAL TERMINATION AND/OR AMENDMENT BY INSTRUMENT RECORDED UNDER RECORDING NO. 200504280244 AND A PARTIAL RELEASE OF EASEMENT RECORDED UNDER RECORDING NO. 200510310347 17. THIS SITE IS SUBJECT TO A UTILITY EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED UNDER RECORDING NO. 200812310177 (AS TO PARCEL III) 18. THIS SITE IS SUBJECT TO AN EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED UNDER RECORDING NO. 201605120108 TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, IMPROVE, REMOVE AND ENLARGE ONE OR MORE UTILITY SYSTEMS FOR PURPOSES OF TRANSMISSION, DISTRIBUTION AND SALE OF ELECTRICITY (AS TO PARCEL III) 19. THIS SITE IS SUBJECT TO TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN RECORDED LOT LINE ADJUSTMENT (BOUNDARY LINE ADJUSTMENT) RECORDED UNDER RECORDING NO. 202103180066 (AS TO PARCELS III AND IV) 20. THIS SITE IS SUBJECT TO CONDITIONS, NOTES, EASEMENTS, PROVISIONS AND/OR ENCROACHMENTS CONTAINED AND/OR DELINEATED ON THE FACE OF THE SURVEY RECORDED UNDER RECORDING NO. 202103180067 IN VOLUME 92 OF SURVEYS AT PAGE(S) 244-247 IN KITSAP COUNTY, WASHINGTON. (AS TO PARCELS III AND IV) DEVELOPMENT ENGINEERING NOTES 1. NO DIRECT VEHICULAR ACCESS SHALL BE ALLOWED TO TELFORD WAY SW AND GLENEAGLE. 2. OWNERS OF RESIDENTIAL LOTS WITHIN THIS PLAT ARE RESTRICTED FROM OBSTRUCTING, DIVERTING, OR RECHANNELING STORMWATER FLOWS PRIOR TO REVIEW AND APPROVAL OF THE CITY OF PORT ORCHARD PUBLIC WORKS. 3. PURSUANT TO POMC CHAPTER 16.50, PRIOR TO ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL DWELLING UNITS, SCHOOL IMPACT FEES SHALL BE PAID. MAINTENANCE COVENANTS PROPERTY OWNERS SHALL BE THE RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPING WITHIN THE EXISTING AND PROPOSED RIGHT-OF-WAY INCLUDING ANY STRUCTURES OTHER THAN ROADWAY, STORM DRAINAGE FACILITIES, AND TRAFFIC SIGNAGE. MAINTENANCE SHALL INCLUDE, BUT NOT BE LIMITED TO, MOWING OF LAWN AREAS. TRACT NOTES 1. TRACTS 12-2A, 12-26, 12-21), 12-2E, AND 12-2F ARE OPEN SPACE TRACTS. SAID TRACTS SHALL BE OWNED AND MAINTAINED BY MCCORMICK WOODS HOMEOWNERS ASSOCIATION. 2, TRACTS 12-2-15, 12-2-16, 12-2-17, 12-2-18, 12-2-19, 12-2-20, 12-2-21, 12-2-22, AND 12-2-23 ARE FUTURE DEVELOPMENT TRACTS. SAID TRACTS SHALL BE OWNED AND MAINTAINED BY MCCORMICK DEVELOPMENT CORPORATION. EASEMENT PROVISIONS 1. AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY, CASCADE NATURAL GAS, WAVE BROADBAND, CENTURYLINK, EARTHLINK AND ANY CABLE TELEVISION COMPANY, KITSAP COUNTY, CITY OF PORT ORCHARD, ANY OTHER PUBLIC OR PRIVATE UTILITY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PROPERTY ABUTTING PRIVATE OR PUBLIC ROADWAYS WITHIN THE PLAT, AS DEPICTED HEREON; IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPES, CONDUITS, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, SANITARY SEWER, WATER, CABLE TELEVISION SERVICE AND OTHER UTILITY SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE STREETS, LOTS, TRACTS AND SPACES AT ALL TIMES FOR THE PURPOSES STATED. ALL PERMANENT UTILITY SERVICES SHALL BE PROVIDED BY UNDERGROUND SERVICE EXCLUSIVELY. THE LOCATION AND DIMENSIONS OF THESE UTILITY EASEMENTS ARE SHOWN ON THE FACE OF THIS PLAT AND LABELED P.U.E. (PUBLIC UTILITY EASEMENT) 2. A PRIVATE WALL AND STORM DRAINAGE EASEMENT (S.D.W.E.) SHOWN HEREON OVER LOTS 171 THROUGH 182, 188 THROUGH 196, 198 THROUGH 2O7, 241 THROUGH 257, AND TRACTS 12-2A AND 12-2C IS HEREBY DEDICATED TO SAID LOT OWNERS. SAID LOT OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIR, AND RECONSTRUCTION OF THEIR PORTION OF THE WALLS AND DRAINAGE FACILITIES WITHIN SAID EASEMENT AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE. 3. A 10' PRIVATE STORM DRAIN EASEMENT (S.D.E.) IS HEREBY DEDICATED OVER, UNDER AND UPON THE BURDENED/BENEFITED LOTS SHOWN ON SHEETS 4 AND 5. SAID PRIVATE STORM DRAIN EASEMENT IS FOR THE PURPOSE OF INSTALLING AND MAINTAINING PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. THE LOT OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THEIR PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENTS AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE. THE BURDEN/BENEFITED LOTS ARE: 177-181/178-182; 183-185/184-186; TR 12-2C,188/248; 190-191/189-190; 193-196/192-195; 197-198/198-199; 200-202/201-203; 204-206/205-207; 209/210; 213-215/212-214; 217-218/216-217; 220-222/219-221; 234/235; 236-238/237-239; 243-245/242-244; TR12-2C, 247/246-247; 249-251/250-251; 252/253; 258/259; 260/261; 262-263/263-264; 265-266/266-267; 268/269. 4. A RECIPROCAL PRIVATE SHARED ACCESS AND UTILITIES EASEMENT OVER TRACTS 12-2-15 THROUGH 12-2-23 FOR FUTURE DEVELOPMENT PURPOSES IS HEREBY DEDICATED TO MCCORMICK DEVELOPMENT CORPORATION, MCCORMICK COMMUNITIES, LLC., AND THEIR SUCCESSORS & ASSIGNS. SAID OWNERS SHALL BE RESPONSIBLE FOR THE CONSTRUCTION, MAINTENANCE, REPAIR, AND RECONSTRUCTION OF SAID EASEMENT FACILITIES CONNECTING SAID FUTURE TRACTS. PUBLIC PEDESTRIAN ACCESS EASEMENT (P.P.A.E.) PROVISION THIS PLAT IS SUBJECT TO A PUBLIC PEDESTRIAN ACCESS EASEMENT (P.P.A.E.) SHOWN HEREON OVER LOTS 179, 180, 187, 213, 214, 222, 234, 235, 255, 260 AND 261. SAID PUBLIC PEDESTRIAN ACCESS EASEMENT IS FOR THE PURPOSE OF ACCESSING MAIL BOX/KIOSK WITHIN SAID EASEMENT. THE MCCORMICK WOODS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THE MAIL BOX/KIOSK FACILITIES WITHIN SAID EASEMENTS AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE. SIGHT DISTANCE EASEMENT PROVISION THIS PLAT IS SUBJECT TO A SIGHT DISTANCE EASEMENT SHOWN HEREON OVER LOTS 197, 208, 209, 222, 253, 254 AND 265. THE AREA WITHIN THE SIGHT TRIANGLE SHALL BE SUBJECT TO RESTRICTIONS ON PLACEMENT OF POTENTIAL SIGHT OBSTRUCTIONS (SIGNS, TREES, FENCES, BUS SHELTERS, ETC.) TO MAINTAIN A CLEAR VIEW ON THE INTERSECTION APPROACH. SIGHT OBSTRUCTIONS THAT MAY BE EXCLUDED FROM THESE REQUIREMENTS INCLUDE UTILITY POLES, REGULATORY SIGNS. SIGHT OBSTRUCTIONS ARE SUBJECT TO REVIEW AND APPROVAL BY THE CITY ENGINEER. PLAT NOTES 1. ALL EXTERIOR DIVISION 12 PHASE 2 PLAT CORNERS, INTERIOR REAR LOT CORNERS AND THOSE MARKED BY A REBAR SYMBOL HEREON ARE MARKED WITH A 1/2" REBAR WITH YELLOW PLASTIC CAP, STAMPED CORE 41299, UNLESS NOTED OTHERWISE. FRONT LOT CORNERS FOR LOTS IN DIVISION 12 PHASE 2 ARE MARKED WITH A ROCK NAIL AND FLASHER, STAMPED CORE 41299, SET IN THE CURB LINE AND OFFSET ALONG THE LOT LINE PROJECTED FROM THE FRONT LOT CORNER TOWARDS THE ADJACENT ROAD A DISTANCE OF 6.20 FEET UNLESS OTHERWISE NOTED IN THE LOT CORNER OFFSET TABLE. (SEE SHEET 3) 2. THE ENTIRETY OF THE MCCORMICK WEST DIVISION 12 PHASE 2 PROJECT IS BEING DONE UNDER THE DIRECT SUPERVISION OF GLENN R. SPRAGUE, LS#41299. THE PROPERTY CORNER STAKING, INCLUDING THE OFFSET FRONT AND REAR LOT CORNERS, HAS BEEN DONE UNDER THE DIRECT SUPERVISION OF GLENN R. SPRAGUE, LS#41299. 3. THE MCCORMICK WOODS ASSOCIATION WAS ESTABLISHED ON JULY 21, 1986, CORPORATION NO. 2-376064-8. (CONTINUED ON SHEET 3) �v4% As��, I CIVIL ENGINEERING .; LANDSCAPE ARCHITECTURE o PLANNING " 41DESIGN 299 .Q, SURVEYING Cr3TI' �� •�til'� ANAL LAB � 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 78 of 122 LU22-Plat Final-03 Back to Agenda MCCU"RMICK WEST �IV 1SIoN 12, PHASE SHEET 3 OF 11 PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 & THE NW 1/4, SW 1/4 OF THE NE 1/4 & THE NW 1/4, SW 1/4 OF THE SE 1/4 & THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, & THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 & THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON PLAT NOTES - CONTINUED FROM SHEET 2 4. A MINIMUM OF ONE TREE PER LOT SHALL BE INSTALLED WITHIN THE FRONT YARD OF EACH LOT PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THAT LOT. DECLARANT NOTE: THE HOMEBUILDER SHALL BE RESPONSIBLE FOR PLANTING THE TREE PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. THE HOMEOWNER SHALL BE RESPONSIBLE FOR TREE MAINTENANCE AND REPLACEMENT IF NECESSARY. 5. IMPERVIOUS AREA PER LOT ACCOUNTED FOR IN THE OVERALL DRAINAGE FACILITIES INSTALLED SHALL BE INDICATED ON THE FACE OF THE FINAL PLAT. DECLARANT NOTE: THE MAXIMUM IMPERVIOUS AREA PER LOT SHALL BE 80 PERCENT OF THE LOT AREA OR 4,000, WHICHEVER IS LESS. 6. ALL LOTS SHALL ACCESS FROM INTERIOR ROADS ONLY. 7. THE PROPERTY OWNERS (WITHIN THE PLAT) SHALL BE RESPONSIBLE FOR MAINTENANCE OF ALL LANDSCAPING WITHIN THE EXISTING AND PROPOSED RIGHT-OF-WAY INCLUDING ANY STRUCTURES OTHER THAN ROADWAY, STORM DRAINAGE FACILITIES, AND TRAFFIC SIGNAGE. MAINTENANCE SHALL INCLUDE, BUT NOT BE LIMITED TO, MOWING OF LAWN AREAS. LOT CORNER OFFSET TABLES LOTS REAR LOT CORNER OFFSET DISTANCE 171 5.00 171/172 5.00 172/173 5.00 173/TR12-2A 5.00 TR12-2A/174 5.00 174/175 5.00 175/176 5.00 176/177 5.00 177/178 5.00 178/179 5.00 179/180 5.00 LOTS REAR LOT CORNER OFFSET DISTANCE 180/181 5.00 181/182 5.00 182/183 5.00 188/189 3.00 189/190 3.00 190/191 3.00 191/192 3.00 192/193 3.00 3/194 3.00 4/195 L19 3.00 5/196 3.00 LOT/HOUSE NUMBER DESIGNATION TABLES LOT HOUSE NUMBER 171 6039 GREAT GLEN ROAD SW 172 6059 GREAT GLEN ROAD SW 173 6079 GREAT GLEN ROAD SW 174 6115 GREAT GLEN ROAD SW 175 6135 GREAT GLEN ROAD SW 176 6155 GREAT GLEN ROAD SW 177 6175 GREAT GLEN ROAD SW 178 6195 GREAT GLEN ROAD SW 179 6229 GREAT GLEN ROAD SW 180 6239 GREAT GLEN ROAD SW 181 6249 GREAT GLEN ROAD SW 182 6269 GREAT GLEN ROAD SW 183 6279 GREAT GLEN ROAD SW 184 6289 GREAT GLEN ROAD SW 185 6295 GREAT GLEN ROAD SW 186 6309 GREAT GLEN ROAD SW 187 6317 GREAT GLEN ROAD SW 188 6310 GREAT GLEN ROAD SW 189 6296 GREAT GLEN ROAD SW 190 6292 GREAT GLEN ROAD SW 191 6282 GREAT GLEN ROAD SW 192 6272 GREAT GLEN ROAD SW 193 6252 GREAT GLEN ROAD SW 194 6240 GREAT GLEN ROAD SW 195 6230 GREAT GLEN ROAD SW 196 6196 GREAT GLEN ROAD SW 197 3780 SW ALAVA COURT 198 3790 SW ALAVA COURT 199 3800 SW ALAVA COURT 200 6157 MARYMERE ROAD SW LOTS REAR LOT CORNER OFFSET DISTANCE 209/210 3.00 210/211 3.00 211/212 3.00 212/213 3.00 213/214 3.00 214/215 3.00 188/248 3.00 248/249 3.00 249/250 3.00 250/251 3.00 251/252 3.00 LOT HOUSE NUMBER 201 6187 MARYMERE ROAD SW 202 6197 MARYMERE ROAD SW 203 6201 MARYMERE ROAD SW 204 6209 MARYMERE ROAD SW 205 6215 MARYMERE ROAD SW 206 6221 MARYMERE ROAD SW 207 6241 MARYMERE ROAD SW 208 6238 MARYMERE ROAD SW 209 6232 MARYMERE ROAD SW 210 6218 MARYMERE ROAD SW 211 3208 MARYMERE ROAD SW 212 6198 MARYMERE ROAD SW 213 6178 MARYMERE ROAD SW 214 6158 MARYMERE ROAD SW 215 6138 MARYMERE ROAD SW 216 3845 SW ALAVA COURT 217 3835 SW ALAVA COURT 218 3825 SW ALAVA COURT 219 3815 SW ALAVA COURT 220 3805 SW ALAVA COURT 221 3795 SW ALAVA COURT 222 3785 SW ALAVA COURT 234 6258 MARYMERE ROAD SW 235 6278 MARYMERE ROAD SW 236 6298 MARYMERE ROAD SW 237 6326 MARYMERE ROAD SW 238 6336 MARYMERE ROAD SW 239 6346 MARYMERE ROAD SW 240 6356 MARYMERE ROAD SW 241 6367 MARYMERE ROAD SW LOTS REAR LOT CORNER OFFSET DISTANCE 252/253 3.00 253/254 3.00 255/256 5.00 256/257 5.00 257/258 5.00 265/266 3.00 266/267 3.00 267/268 3.00 268/269 3.00 LOT HOUSE NUMBER 242 6351 MARYMERE ROAD SW 243 6341 MARYMERE ROAD SW 244 6331 MARYMERE ROAD SW 245 6291 MARYMERE ROAD SW 246 6271 MARYMERE ROAD SW 247 6251 MARYMERE ROAD SW 248 6320 GREAT GLEN ROAD SW 249 6340 GREAT GLEN ROAD SW 250 6358 GREAT GLEN ROAD SW 251 6364 GREAT GLEN ROAD SW 252 6376 GREAT GLEN ROAD SW 253 6392 GREAT GLEN ROAD SW 254 6398 GREAT GLEN ROAD SW 255 6339 GREAT GLEN ROAD SW 256 6353 GREAT GLEN ROAD SW 257 6361 GREAT GLEN ROAD SW 258 6375 GREAT GLEN ROAD SW 259 6389 GREAT GLEN ROAD SW 260 6397 GREAT GLEN ROAD SW 261 6407 GREAT GLEN ROAD SW 262 6415 GREAT GLEN ROAD SW 263 6423 GREAT GLEN ROAD SW 264 6431 GREAT GLEN ROAD SW 265 6420 MARYMERE ROAD SW 266 6410 MARYMERE ROAD SW 267 6400 MARYMERE ROAD SW 268 6388 MARYMERE ROAD SW 269 6366 MARYMERE ROAD SW LOTS FRONT LOT CORNER OFFSET DISTANCE 216/217 6.50 x. a :O 41299 q a ssro�IST�g�'y�' NA L L A� y CIVIL ENGINEERING LANDSCAPE ARCHITECTURE 'Con PLANNING DESIGN SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 79 of 122 LU22-Plat Final-03 Back to Agenda 6 5 7 18 FOUND 1" IRON PIPE THE NW CORNER SEC. 8, TWP. 23 N, RGE. 1 E, W.M., 0.2' ABOVE GRADE, I o 8' S OF EDGE GRAVEL RD. 4 VISITED 2020-10-02 00 y. n 7 18 17 SURVEY NOTES J MCCORMICK WEST �IV lr•,lolr 12, "HC1SE ? SHEET 4 OF 11 PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4, SW 1/4 OF THE NE 1/4 &THE NW 1/4, SW 1/4 OF THE SE 1/4 &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON 264.93 N88'35'11"W 2582.13 N88'35'11'W N59.�,� 82.50 108.58 N117656'W 361.02 PARCEL 2 - BLA 6,760,869t SF BLA VOL 92 PG 244 AFN 202103180067 FOUND 1" IRON PIPE W PVC/T-BAR WITNESS POST & MAG NAIL W/ WASHER "HGG TRAV PELS 6422" IN BEARING STUMP TO SW LAST VISITED 2022-05-11 1786.35 OLD CLII NBM11 V 801.02 R=1402.53 EXISTING BOUNDARY DETAIL ROAD L=93.05 g TRACT 1T 1,813,210t SF MCCORMICK WEST DIVISION 11 S PARCEL 3 - BLA 2,426,575t SF BLA VOL 92 PG 244 AFN 202103180067 AFN 202203140148 Z N1175'35'W i19258 N7549'0s. W 118�94 SEE SHEET 6 FOR (� INTERSECTION EASTERLY OF HERE PUBLIC ROAD DEDICATED AS PART OF MCCORMICK WEST DIVISION 11 NBBZW11 V 446.00 0111 z z FOUND 4" BRASS DISK STAMPED N 1/4 CORNER SEC. 8, TWP. 23 N, RGE. 1 E, W.M., COUNTY ENGINEERING, IN CASE, DOWN 0.65', VISITED 2020-10-02 (P.O.C) .N8T02'01"W_2638.80_ Ir 1696.65 -r�-942.15-- s I 8 , I FOUND WITNESS MARKER LABELED N87WI70W �PM�G�V\ / I REB ROW/ OCAPESTAMPED /ASPEN 205.07 MO�� p\��D%�ob"o CONTROL" AT NE CORNER SEC. 8, PFN 2p2 / I TWP. 23 N, RGE. 1 E, W.M., VISITED 2020-10-02 N012744'E 166.00 / 00 I ' I I ' I I / I `� tiN � PM26 QG 3R oN�� ti \ / CALCULATED E 1/4 QTR COR PC� 1:SST \ / NOT VISITED = MooRax N\ 9 A/ -�/OR I r \ Iz �� oRM\OK 1 1 co z L1 �106'00�56'W (R) SEE SHEET 4 FOR r INTERSECTION / SOUTHERLY OF HERE W L5 N18W39'IN 150.00 L3 N1748 M'W 41.42 I L12 L4 I R=347.00 3=457W39' L=274.62 TRACT 1G �� 791,429f SF MCCORMICKWEST DIVISION 2e1� �PGO\v p I 202203140148 Mod 6 Q�'29 I 49 L8 �1 LINE TABLE LINE # BEARING LENGTH L1 N78'46'26"W 4.99 L2 N11'13'34"E 105.00 L3 N78'46'26"W 198.87 L4 N79'19'51"E 98.65 L5 N18'00'39"W 28.67 L6 N71'59'21"E 105.00 L7 L8 N44'14'54"E N88'56'22"W 6.75 11.70 L9 N52'52'17"W 478.26 L10 N25'36'04"E 309.37 L11 N37'47'02"E 77.10 L12 N0011'03"W 92.57 L13 N42'51'09"E 175.00 L14 N28'43'33"W 117.70 L15 N01'55'17"E 109.99 L16 N56'16'42"E 73.83 L7 .s I N FOUND 3" BRASS DISK STAMPED "WASH DNR" & "1982" & S-T-R DATA 5.5' W. OF ASPHALT CART PATH EXISTING INGRESS, EGRESS & UTILITIES EASEMENT LAST VISITED 2022-06-28 C. N0. 200102090007 229 - - - - - _ 7.29 8 9 \ 16 \ N88'56'22"W 5212.56 -1 \_ --TO BE DEDICATED AS 17 PUBLIC RIGHT-OF-WAY J� v TO THE CITY BY SCALE: 1400' N SEPARATE INSTRUMENT 1 0 200 400 800 TRACT 3P�o\v 5 0-65 I i MCA PGS - - - - - - - - - - - - - - SEE SHEET 5 - - - - - - - - - - - - - - - TRACT 1 1. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN TITLE INSURANCE COMPANY, SUBDIVISION GUARANTEE NO. 5003353-0003368E, EFFECTIVE DATE JULY 1, 2022. IN PREPARING THIS MAP, CORE DESIGN, INC. HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS CORE DESIGN, INC. AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY THE REFERENCED GUARANTEE. CORE DESIGN, INC. HAS RELIED WHOLLY ON FIRST AMERICAN TITLE'S REPRESENTATIONS OF THE TITLE'S CONDITION TO PREPARE THIS SURVEY AND THEREFORE CORE DESIGN, INC. QUALIFIES THE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT. 2. THIS IS A FIELD TRAVERSE SURVEY. A THREE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTATION AS SHOWN. CLOSURE RAT10S OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332-130-090. ALL MEASURING INSTRUMENTS AND EQUIPMENT ARE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS. 3. ALL SURVEY CONTROL INDICATED AS "FOUND" WAS RECOVERED FOR THIS PROJECT AS RECENTLY AS JUNE, 2022. 4. ALL DISTANCES ARE IN US FEET AT GROUND LEVEL. 17 SEE SHEET 7 FOR INTERSECTION NORTHERLY OF HERE CURVE TABLE CURVE # RADIUS DELTA LENGTH C1 347.00 1714'30" 104.42 C2 25.00 58'33'04" 25.55 C3 90.00 31'25'56" 49.37 C4 25.00 54'24'43" 23.74 C5 670.00 3'03'29" 35.76 C6 1009.00 12'46'22" 214.54 C7 718.00 37'58'05" 475.80 C8 616.00 7'14'35" 77.87 C9 25.00 94'10'02" 41.09 BASIS OF BEARINGS N87'02'01"W BETWEEN THE NORTH QUARTER CORNER AND THE NORTHEAST CORNER SECTION 8 PER BOUNDARY LINE ADJUSTMENT LU20-BLA-01 RECORDED UNDER AUDITOR'S FILE NUMBER 202103180067 RECORDS OF KITSAP COUNTY, WASHINGTON CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING DESIGN SURVEYING 72700 NE 195th St, Suite 300 Bothell, Washington 98071 425.885.7877 JOB NO_ 20197 Page 80 of 122 J:\2020\20197\Survey\Plat\Final\DIV 12\PHASE 2\x20197 FP DIV 12 PH 2.dwg, 9/12/2022 2:14:36 PM, hpawley, ARCH_C_(18.00_x_24.00_Inches), 1:1 LU22-Plat Final-03 Back to Agenda MCCORMICK BEST DIvISION 12. PHASE SHEET 5 OF 11 PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4, SW 1/4 OF THE NE 1/4 &THE NW 1/4, SW 1/4 OF THE SE 1/4 &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON FOUND PUNCHED 2-1/4- BRASS DISK STAMPED "R.M. MCGINNIS & ASSOC., INC. RPLS 9398" & STR DATA 1.75' SW OF FENCE CORNER W/ 4' WHITE PVC WITNESS POST 0.5' E & 1-1/4" IRON PIPE W/ TACK & WASHER SO4'56'05"W 1.58' & 1.3' E. OF BWF LAST VISITED 2022-06-28 18 N8810'22"W 2650.82 0I9 MIN W g e� m NOT FOUND 18 17 C O 00 N � WIC O p I N C) of p z 18 17 19 20 REFERENCES EXISTING BOUNDARY DETAIL SEE SHEET 4 PARCEL 2 - BLA 26 PFN 20220y� � �0\-• FOUND 1" IRON PIPE W f PVC/T-BAR WITNESS POST & /r MAG NAIL W/ WASHER "HGG i TRAV PELS 6422" IN BEARING STUMP TO SW LAST VISITED 2022-05-11 1786.35 NOT FOUND EXISTING INGRESS, EGRESS & UTILITIES EASEMENT REC. NO. 200102090007 MUM-' �- 1612.14 8 ` -- — — 29 — — 17 � TO BE DEDICATED AS TRACT 1 PUBLIC RIGHT-OF-WAY TO THE CITY BY 860,812f SF LAND SEG .8 SEPARATE INSTRUMENT AFN 200010310145 55� 0C5t3SF �G� 0\J 60�65 1 39R7 ZeQ� 25 LAND SEG T6 QGS• �0\ 8834_ 12'W 1305.97 AFN 200010310145 � � TRACT 2 N 862,684t SF LAND SEG AFN 200010310145 NOM 22'W 1048.98 N8852'05V 1308.80 ---� -�\tPG� P 15 robTRACT 5 ��. MGwQGs• 60 26 864,558t SF LAND SEG o� gg TRACT 4 v0� AFN 200010310145 1,141,373f SF LAND SEG o; AFN 200010310145 N88 49'56"W 1311.63 Uj a z A TRACT 6 866,421t SF 9La LAND SEG m AFN 200010310145 0 WG� ' \o Qlp- 1314.47 11 N884750'W 60251 2 PGS N88 47'5VW 1914.46 v0� � �ntur r3 2.52 TRACT 7 N " 1,166,749t SF LAND SEG AFN 200010310145 N8753'44"W 1922.24 Z -11 S REGRw o 0 \osO? G 2" PIPE RUSTED AT GROUND LEVEL W/ REMNANT LAYING ON GROUND BEARING TREES: FOUND NAIL & WASHER IN BURN MARK ON TREE S3458'40"E 6.73' FOUND NAIL & WASHER "HGG TRAV PELS 6422"IN BURN MARK ON TREE N82'17'31"W 23.31' LAST VISITED 2022-05-20 — — N88'26'17"W 2638.19 1. BOUNDARY LINE ADJUSTMENT, KITSAP CO. AFN 202103180067 2. MCCORMICK WEST DIVISION 11 , KITSAP CO. AFN 202203140148 3. MCCORMICK WEST DIVISION 12, PHASE 1, KITSAP CO. AFN 202205260007 4. MCCORMICK WOODS DIVISION 4, KITSAP CO. AFN 9001220046 5. MCCORMICK WOODS DIVISION 5, KITSAP CO. AFN 9007230049 6. MCCORMICK WOODS DIVISION 6, KITSAP CO. AFN 9010150090 7. MCCORMICK WOODS DIVISION 8, KITSAP CO. AFN 9310040271 8. MCCORMICK WOODS DIVISION 9, KITSAP CO. AFN 9406200129 9. MCCORMICK WOODS DIVISION 9A, KITSAP CO. AFN 3057235, VOL. 29, PGS. 228-233, DATED 12/16/1997 10. LAND CORNER RECORD, AFN 9104260151 11. RECORD OF SURVEY, AFN 3057638, DATED 12/17/1997 12, RECORD OF SURVEY, AFN 8201140045 13, RECORD OF SURVEY, AFN 200304080051 14. RECORD OF SURVEY, AFN 8801210060 15. RECORD OF SURVEY, AFN 1073584, DATED 6/3/1974 16. RECORD OF SURVEY, AFN 200812080141 17. LAND CORNER RECORD, AFN 9104260152 18. LARGE LOT SUBDIVISION NO. 251, AFN 200501100238 SCALE: 1" = 400' 0 200 400 800 FOUND 2" IRON PIPE UP 1.0' LAST VISITED 2022-05-20 17- — — — 20 ' I i FOUND 3" BRASS DISK STAMPED "WASH DNR" & "1982" & S-T-R DATA 5.5' W. OF ASPHALT CART PATH LAST VISITED 2022-06-28 8 9 N88'56'22"W 5212.56 16 le 17 1 FOUND 3" PUNCHED BRASS DISK STAMPED "WASHINGTON DEPT NATURAL RESOURCES" "1982" & STR DATA W/ 2" PINCHED PIPE WITNESS POST LAYING ON GROUND NEARBY BEARING TREES: 12" FIR N41'02'43"W 11.93, 14" FIR S75'23'00"E 25.09' LAST VISITED 2022-05-20 17 16 I CO Ln cc NN W I N QIIr zl FOUND TACK & WASHER IN 4" SQUARE CONC. MON. UP 0.4' W/ ALUM. DNR PLATE ATTACHED & 2" IRON PIPE WITNESS POST UP 1.0, BEARING TREE: 12" FIR S30'58'54"E 19.39' N88'47'39"W 2549.14 LAST VISITED LOLL-05-20 I1 — — 17 16 — — 20 21 R� sph,� F � s .. G' el '�.� CIVIL ENGINEERING LANDSCAPE ARCHITECTURE : o0 'Con PLANNING t". p 41299q •' DESIGN SURVEYING �sf 0*AL LA�� 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 81 of 122 LU22-Plat Final-03 Back to Agenda MCCORMICK BEST DIVISION 12 SHEET 6 OF 11 PHASE PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4, SW 1/4 OF THE NE 1/4 &THE NW 1/4, SW 1/4 OF THE SE 1/4 &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. � CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON IT L N LO 78-46'26" W_� -�_ _ - Ms N oa 0 ��i�10po N78 46 2` 285.91 __ S UN 38.08 ws - - _ R OS/DE STREEJ w R=190.00 „ ao S - _ "�-� A=23'10'07 L=76.83 w i8 4626 "w 127 62 N 14Xr]-1i9pAl ® FOUND CITY OF PORT ORCHARD STANDARD MONUMENT W/ PUNCH STAMPED "41299" ® SET CITY OF PORT ORCHARD STANDARD MONUMENT • SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" .• SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER, SEE REAR LOT CORNER OFFSET TABLE, SHEET 3 E.P EASEMENT PROVISION, SEE SHEET 2 P.U.E PUBLIC UTILITY EASEMENT, SEE E.P 1 S.D.E PRIVATE STORM DRAIN EASEMENT, SEE E.P 3 S.D.W.E PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P 2 P.P.A.E 2.5' X 8' PUBLIC PEDESTRIAN ACCESS EASEMENT, SEE E.P R-O-W RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON RECORDING OF THIS PLAT 10' EXISTING P.U.E --\ \ N18@00'390W 28.67 A=23'41'24" L=186 89 I� I � , \ �c00R2� QNP56 �p1 \ 'oo p22052 10' EXISTING \10 \ P.U.E f A \ 00 0 rn N C T r/ Q !Q. R=473.00 A=29'48�3�2�9- A=27'44 52" L=229.07 Cjj A=17'26'51" L=150.43 �•�V13" SEE SHEET 7 CURVE TABLE CURVE # RADIUS DELTA LENGTH C1 242.00 213'55" 9.43 C31 200.00 0'44'43" 2.60 C32 25.00 87'56'18" 1 38.37 C33 25.00 76'53'57" 33.55 C34 50.00 3712'57" 32.48 C35 50.00 13'54'28" 12.14 SCALE: 1" = 40' 0 20 40 80 CURVE TABLE CURVE # RADIUS DELTA LENGTH C36 452.00 1'37.04" 12.76 C37 25.00 90'36'48" 39.54 C38 200.00 8'04'46" 28.20 C63 242.00 7'05'51" 29.98 C64 25.00 84'54'54" 37.05 C65 494.00 4*56'16" 42.57 PST 1F ORP\NPOF. SQPOF.I M\�\� oO 1A000 Q\� 1,140,Aa 10' S.D.W.E LINE TABLE LINE # BEARING LENGTH L6 N 79'01'02"W 15.75 L14 N12'39'24"W 29.42 � R SPA CIVIL ENGINEERING x z. LANDSCAPE ARCHITECTURE PLANNING 299 �.'� DESIGN SURVEYING L LAO 12700 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 82 of 122 LU22-Plat Final-03 Back to Agenda MCCORMICK WEST DIVISION 12, PHASE SHEET 7 OF 11 PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4, SW 1/4 OF THE NE 1/4 &THE NW 1/4, SW 1/4 OF THE SE 1/4 &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON O l 5' o / r TRACT 12-2B 24,797t SF o r OPEN SPACE rn h h k / r O r r 10' S.D. / r r / r r r r / / r 5' A=15'13'17 i r �o r 11.06 N6os8?3s L=121.67 211 5,290f SF / r r � r � / 210 00 5,372t SF LEGEND ® FOUND CITY OF PORT ORCHARD STANDARD MONUMENT W/ PUNCH STAMPED "41299" ® SET CITY OF PORT ORCHARD STANDARD MONUMENT • SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" •• SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER, SEE REAR LOT CORNER OFFSET TABLE, SHEET 3 E.P EASEMENT PROVISION, SEE SHEET 2 P.U.E PUBLIC UTILITY EASEMENT, SEE E.P 1 S.D.E PRIVATE STORM DRAIN EASEMENT, SEE E.P 3 S.D.W.E PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P 2 P.P.A.E 2.5' X 8' PUBLIC PEDESTRIAN ACCESS EASEMENT, SEE E.P R-O-W RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON RECORDING OF THIS PLAT SEE SHEET 6 5' l i r / 10' S.D.W.E rr r� 5/ 200 P, P"A. E DETAIL V CURVE TABLE CURVE # RADIUS DELTA LENGTH C2 842.00 0'22'51" 5.60 C3 842.00 1'23'20" 20.41 C4 605.00 215'58" 23.93 C28 458.00 4'26'32" 35.51 C29 558.00 426'32" 43.26 C30 458.00 443'10" 37.73 C39 800.00 1'35'02" 22.12 C40 700.00 1'35'02" 19.35 C41 700.00 4'00'27" 48.96 C42 700.00 4'00'27" 48.96 C43 700.00 4'00'27" 48.96 C44 700.00 1'36'53" 19.73 C45 800.00 1'36'53" 22.55 C49 647.00 1'40'51" 18.98 C50 747.00 3'00'34" 39.24 SCALE: 111= 40' 0 20 40 P.P.A.E DETAIL CURVE TABLE CURVE # RADIUS DELTA LENGTH C57 847.00 3'00'34" 44.49 C59 700.00 1 0'26'22" 5.37 C60 600.00 0'26'22" 4.60 C61 600.00 0'41'20" 7.21 C62 700.00 0'41'20" 8.42 C67 25.00 2'47'48" 1.22 LINE TABLE LINE # BEARING LENGTH L1 N4414'54"E 6.27 L5 N4414'54"E 20.09 L7 N4414'54"E 20.09 L13 N45'01'35"E 99.70 t ly R Sph, yw •og WAs 9�,�"a, ,�`�'' CIVIL ENGINEERING LANDSCAPE ARCHITECTURE A con PLANNING 41299 ' �� DESIGN SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 83 of 122 LU22-Plat Final-03 Back to Agenda MCCORMICK WEST DIVISION 12, PHASE SHEET 8 OF 11 PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4, SW 1/4 OF THE NE 1/4 &THE NW 1/4, SW 1/4 OF THE SE 1/4 &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON P,P,A.EDETA/[ I, SEE SHEET 7 / 1 / 10' P.U.E h�' / 10' P.U.E 209 / ,0 204 SCALE: 1" = 40' �° /, G�� 6.74 ti1s� 10' S.D.E 0 20 40 80 1•/ ' SOsy Oo / ti o S1 \ '°o \ N 208 C68 �8,�0 51174f SF 205 N37"47'02*E� �� �y SIGHT DISTANCE 6.74 / / / G 9 EASEMENT L13 77.10 C25 q / 10' S.D.E c22 �bo, � � c67 F y C24 !O 206 F 0 / 9 0- O r�ti QC� L LEGEND '. �o J� / 234 N � �oP / 207 Q .��?� / 6,278f SF � a ���� / ' 189 / moo, OAK, 10' S.D.E ?�• / °� / '�/ �/ �0 0 00 / ��"° �o.��' �o� / 10' S.D.E 235 10' 1 U.E /off' r ° / 247 pp• / 6,268t SF P.P.A.E ti / / 7,884t SF 10' S.D.W.E 188 / SEE DETAIL Q/ BELOW RIGHT o / /i 0 10 S.D.E 0•� .00 2/ 5' 248 36 / �`'o� / ,o 246 *� 7,483t SIF '�j �� If,/ 6,268t SF ///moo,• ^ / 6,277t SF �� /i 10' P.U.E ov p �o' S6' 1, 0 0 o b 07 oo. N6`3SB 00 v 2gy 4, cb. �\ ,p �, r o /i OS+W '00 a �ry / ,0000 N 00 /o ^o 249 6,268t SF / V. C 6 2245 sF / 6,368t SF o r r / ^� / P.P.A 19 r / SEE I UPPE N6�• 10' S.D.E / ary / oo. / IS'1y ri` ri' a A, °` 100 f/ • O° :.°, / 1000 �o� 00 0 % ' � � 100.00 °21 250 / ��P / 8,09E 238 / o / 244 ^ ,� ' ; 6,368f SIF / 6,268t SIF / / 6,277t SF /o / 10' S.D.EN640308y W 0000 00 W 100, 00 / r v / / / y'., / CO / / / ^'� // r 256 251 / v" o`' / 6,697t SF / / 243 0� ; 6,368t SIF 39 / o / 6,277f SIF ^v^.,o 1 // /i'o `� v / CO- ' N722�46"W 1° �` o,� W 10�00 //o ,�"'r0S00Cd % o .00 l 21, l � h ,� o / 257 / 21' / ; ; v „ 252 / / 6,697t SF �^ o / 242 / 6,368f SIF / h / 10' S.D.E 10' P.U.E i i / ,o �„ / /V b y ;l // N743j'1B'W 1 1 8g1434"W i v 10 0. 00 l r V / 105 0 0 10' S.D.E 258 6,697f SIF h / / / 253 10' P.U.E / I l' I 241 105.00 v 10' S.D.W.E 10' P.U.E --- �\\-- \ — 'l `l -- —�' 21 21, l — 259--- — SEE SHEET 9 ( FOUND CITY OF PORT ORCHARD STANDARD MONUMENT W/ PUNCH STAMPED "41299" ® SET CITY OF PORT ORCHARD STANDARD MONUMENT • SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" *• SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER, SEE REAR LOT CORNER OFFSET TABLE, SHEET 3 E.P EASEMENT PROVISION, SEE SHEET 2 P.U.E PUBLIC UTILITY EASEMENT, SEE E.P 1 S.D.E PRIVATE STORM DRAIN EASEMENT, SEE E.P 3 S.D.W.E PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P 2 P.P.A.E 2.5' X 8' PUBLIC PEDESTRIAN ACCESS EASEMENT, SEE E.P R-O-W RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON RECORDING OF THIS PLAT CURVE TABLE CURVE # RADIUS DELTA LENGTH C20 25.00 35*29'14" 15.48 C21 C22 25.00 25.00 53'07'48" 9012'18" 23.18 39.36 C23 25.00 88'35'55" 38.66 C24 25.00 52'02'07" 22.70 C25 25.00 33'34'32" 14.65 C26 889.00 1'52'14" 29.02 C27 989.00 2'45'26" 47.59 C67 25.00 2'47'48" 1.22 C68 718.00 111'47" 14.99 LINE TABLE LINE II BEARING LENGTH L7 N4414'54"E 20.09 L10 N13'00'29"E 13.53 L13 N45-01-35"E 1 99.70 4' 187 2.5' / 191 10' S.D.E--� I 190 �h TRACT 12-2D w 19,536t SF OPEN SPACE P. P.A. E DETAIL / 2.5' / 23.19 8' CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING DESIGN SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 84 of 122 LU22-Plat Final-03 Back to Agenda MCCORMICK WEST DIvISION 12. PHASE SHEET 9 OF 11 PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4, SW 1/4 OF THE NE 1/4 &THE NW 1/4, SW 1/4 OF THE SE 1/4 &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON I 1 1 d' I5.00 .3- 3.74 WI tn SCALE: 1" = 40' 0 20 40 SEE l l i i l l i i 0 243 i i 251 /N l03 21' o / i / 21' 252 242 6,2^ M % 10' S.D.E / SF � o zS m /10' P.U.E % ^ / N265g31"W 10006 rf cNf j h 253 10' P.U.E c'O 6,386f SF LO n f U f o l 241 f / 0 " \ 8,115t SF 5' if f N6 B7S'0 C54 ,n W R=600.00 -ff ^ a. � Oir � ���� � �8'01'38" f �!�- 10' S.D.W.E � L=84.06 f 21' a4'29'26" L=54.86 S3� ' a 254 7,593t SF o$ Y�FR��s82j \ 10' P.U.E L11 h D.E \ SIGHT DISTANCE / "C' 06 EASEMENT / N bps ,moo C66 - o \ \ 6Q00 ¢S93 894� ti C55 co ii v o-, 267 00 g 6,313t SF� 10' S.D.E 4�6 /� o r 266 ho �_ cl� o n 00 /� 10' P \ � _ moo•/ 17 - - - - - _ - L2 DEDICATED PUBLIC RIGHT OF WAY UNDER �.\ SEPARATE INSTRUMENT / LEGEND ® FOUND CITY OF PORT ORCHARD STANDARD MONUMENT W/ PUNCH STAMPED "41299" P.P,A.E DETAIL/ ® SET CITY OF PORT ORCHARD STANDARD MONUMENT / / • SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" 8' / *• SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER, SEE REAR LOT CORNER OFFSET TABLE, SHEET 3 2 5' l 260 E.P EASEMENT PROVISION, SEE SHEET 2 sty R Spi? P.U.E PUBLIC UTILITY EASEMENT, SEE E.P 1 �4 // \ vv �v WA c1�� S.D.E PRIVATE STORM DRAIN EASEMENT, SEE E.P 3 Fv S.D.W.E PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P 2 / 261 41 41299 P.P.A.E 2.5' X 8' PUBLIC PEDESTRIAN ACCESS EASEMENT, SEE E.PV sr • I s .. ' • �✓� ��'AL LAO R-O-W RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON RECORDING OF THIS PLAT CURVE TABLE CURVE # RADIUS DELTA LENGTH C6 605.00 1'08'04" 11.98 C7 742.00 2'38'37" 34.24 C8 500.00 1'08'04" 9.90 C9 25.00 81'53'55" 35.73 C10 25.00 98'06'06" 42.80 C11 700.00 1'23'38" 17.03 C12 25.00 88'36'22" 38.66 C 33 86.00 12'40'22" 19.02 C14 86.00 24'41'01" 37.05 C15 86.00 21 *52'16" 32.83 C17 86.00 15'26'48" 23.19 C18 358.00 2'32'40" 15.90 C19 989.00 1'3500" 27.33 C51 647.00 2*28'16" 27.91 C52 747.00 228'16" 32.22 C53 600.00 112'14" 12.61 C54 700.00 217'08" 27.92 C55 25.00 9914'35" 43.30 C66 25.00 56'45'42" 24.77 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE 'Can PLANNING DESIGN SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 LINE TABLE LINE # BEARING LENGTH L2 N88'56'22"W 11.70 L3 N13'00'29"E 13.53 L4 N13'42'05"E 10.25 L9 N13'00'29"E 13.53 L10 N13'00'29"E 13.53 L11 N22'54'40"E 75.46 L12 N18'25'54"E 18.01 Page 85 of 122 LU22-Plat Final-03 Back to Agenda MCCOIRMICK WEST DIVISION 12, PHASE ? SHEET 10 OF 11 PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4, SW 1/4 OF THE NE 1/4 &THE NW 1/4, SW 1/4 OF THE SE 1/4 &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON PROPOSED TRACT BOUNDARY DETAIL 6 5 N88'35'11 "W 2582.13 - OLD CLIFTON RO 7 8 R=140253 - - - - �48 3Y21' L=1188.59 �a N8835'11'W 801.02 �1p8 FOUND 1" IRON PIPE ® " L N01'24'39"E (R) THE NW CORNER SEC. 8, TWP. 23 N, RGE. 1 E. W.M., 0.2' ABOVE GRADE, I 8' S OF EDGE GRAVEL RD. o TRACT 12-2-15 8 VISITED 2020-10-02 " N 1,374,989t SF o FUTURE DEVELOPMENT A,, � MCP' z N83'31'20"E 93.97 q TRACT 12-246 _ s N28.43'33'W 1,886,510f SF FUTURE DEVELOPMENT J L3 L4 L6 a 117.70 D �2 2� VILO FZ .1 I 109.99 N5616'428E 73.83 w LO d co 0 z L16 v LS L14 �15 i; C4 L12 �1'� 532.38 L10 N85'19'05"E �� � L9 C12 C13 G1 R=615.00 A--7'57'40" L=85.06 TRACT 12-2-21 2,325,984t SF 555.22 FUTURE DEVELOPMENT N89'36'57"E N09'09'44"E 87.70 N07'07'22"E 133.78 CALCULATED W 1/4 CORNER PER ROS 9406230031 NOT VISITED �1 N29'09'17"W �N77-35-43"W (R) TRACT 12-2-23 1,702,469t SF FUTURE DEVELOPMENT c� N54-51-19"W (R) N88'57'13"E 1034.58 S s" 4��>> N37'28'15"E 98.86 N39'17'42"E 87.19 N52'52'25"W 70.05 S �LSoAA Aso TRACT 12-2-22 3,629,336t SF FUTURE DEVELOPMENT L19 FOUND 1" IRON PIPE W PVC/T-BAR WITNESS POST & MAG NAIL W/ WASHER "HGG TRAV PELS 6422" IN BEARING STUMP TO SW LAST VISITED 2022-05-11 515.79 N89'02'13"W 16 FOUND 4" BRASS DISK STAMPED N 1/4 CORNER SEC. 8, TWP. 23 N, RGE. 1 E, W.M., COUNTY ENGINEERING, IN CASE, DOWN 0.65', VISITED 2020-10-02 (P.O.C) - - - - - NEN8T02'01"W 2638.80 N87100'170W 205.07 N0177'44"E 166.00 N8835'11'W 446.00 �C5 //-C6 C10 C8 Cg �C7 N3218'32'E 0.71 w L11 -N24'05'43"W (R) 14V (RPp� 155� o�1A01r� 2p22 M��ORpN 111Ap, PFN 2pZ2p"5 V �AppORcMi� 11 �C � 1 3 N`Gp\� 12 �26pp o PFN 'Lp2-i W / SEE SHEET 4 FOR BOUNDARY DIMENSIONS SEE SHEETS 6-9 FOR PROPOSED LOTS NOT FOUND F N8836'22"W 112&93 17 0 P M w2 6\P� 2g vp� EXISTING INGRESS, EGRESS & UTILITIES EASEMENT REC. NO. 200102090007 ry ry TRACT 12-247 a� TRACT 12-2-18 o 6\P.. 0p ---------- ---- ------ SEE SHEET 11 CURVE TABLE CURVE # RADIUS DELTA LENGTH C1 1402.53 316'37" 80.21 C2 500.00 9'38'31" 84.14 C3 425.00 28*17'58" 209.92 C4 615.00 2'25'34" 26.04 C5 545.00 5'03'33" 48.12 C6 25.00 8715'37" 38.07 C7 25.00 103'33'09" 45.18 C8 545.00 41'46'01" 397.29 C9 500.00 4'44'21" 41.36 CURVE TABLE CURVE # RADIUS DELTA LENGTH C10 715.00 8'53'57" 111.05 C11 577.00 14'02'49" 141.46 C12 347.00 14'07'30" 85.55 C13 25.00 77'51'34" 33.97 C14 615.00 17'22'58" 186.58 C15 615.00 27*46'12" 297.68 C16 735.00 20'42'26" 265.64 C17 1200.00 28'01'18" 586.89 TO BE DEDICATED AS PUBLIC RIGHT-OF-WAY TO THE CITY BY SEPARATE INSTRUMENT 8 `FOUND WITNESS MARKER LABELED "SECTION CORNER" AND 1/2" REBAR W/ CAP STAMPED "ASPEN CONTROL" AT NE CORNER SEC. 8, +O I TWP. 23 N, RGE. 1 E, W.M., VISITED 2020-10-02 Chi 0 I SCALE: 1" = 400' 0 200 400 800 j I I P I PM�Np GMT zNa 26 e • v0�• I CALCULATED E 1/4 QTR COR NOT VISITED T9 I I� Cq Z w i� �r 00 o / 1z: i I I f� I FOUND 3" BRASS DISK STAMPED "WASH DNR" & "1982" & S-T-R DATA i 5.5' W. OF ASPHALT CART PATH LAST VISITED 2022-06-28 8 9 16 17 i I LINE TABLE LINE # BEARING LENGTH L1 N06'28'40"W 88.12 L2 N74'59'10"E 140.51 L3 N84'55'03"E 154.72 L4 N88'34'57"W 157.00 L5 N01'27'38"E 140.00 L6 N88'34'57"W 54.99 L7 N01'25'03"E 11.40 L8 N26'52'55"W 253.11 L9 N31'34'51"W 18.81 L10 N29'09'17"W 70.00 L11 N79'37'23"E 49.01 L12 N77'36'46"E 159.83 L13 N68'37'36"E 84.30 L14 N76'12'53"E 138.79 L15 N69'07'43"E 197.04 L16 N80'59'46"E j 99.45 L17 N22'41'53"W 244.95 L18 N33'06'43"E 309.69 L19 �02'41'29"W 78.86 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE 'ConPLANNING .� 41299 q . a DESIGN SURVEYING IS T . �. ANAL LAB 72100 NE 195th St, Suite 300 Bothell, Washington 98071 425.885.7877 JOB NO_ 20197 Page 86 of 122 LU22-Plat Final-03 Back to Agenda is 17 MCCOIRMICK WEST DIVISION 12, PHASE ? SHEET 11 OF 1-1- PORTIONS OF THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4, SW 1/4 OF THE NE 1/4 &THE NW 1/4, SW 1/4 OF THE SE 1/4 &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE SW 1/4 OF SECTION 8, &THE NW 1/4, NE 1/4, SE 1/4, SW 1/4 OF THE NW 1/4 &THE NW 1/4 OF THE NE 1/4 & THE NW 1/4, NE 1/4 OF THE SW 1/4 OF SECTION 17, BOTH OF TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON t-FOUND 1" IRON PIPE W PVC/T-BAR WITNESS POST & "HGG < <? MAG NAIL W/ WASHER TRAV PELS 6422" IN BEARING L23 STUMP TO SW ti \�o s�6 LAST VISITED 2022-05-11 �`L ��°` � L25 L26 zo L27 ti ��`S9• - - - --+ I C69 o - eo l 9 N N I L28J 515.79 = TRACT 12-2-17 N89'02'13"W y 1,170,723t SF o'LA FUTURE DEVELOPMENT r.9n a 2� A6`e n0 TRACT 12-2-20 1,377,760t SF FUTURE DEVELOPMENT N50'32'46"W 418.41 PROPOSED TRACT BOUNDARY DETAIL H69-01, ?98 W L32 186.5� 3 L35 N76 \�� v L33 SEE SHEET 10 NkIN7/z I., TRACT 1G SEE SHEET FOR BOUNDARY DIMENSIONS SEE SHEETS 6-9 FOR PROPOSED LOTS G� P M�0\P� 29 6 EXISTING INGRESS, EGRESS & UTILITIES EASEMENT NOT FOUND 8 REC. NO. 200102090007 N88'86'22'W 112&93 17 TRACT 12-2-18 1,104,017t SF FUTURE DEVELOPMENT N60'58'23"W 369.89 �6 lFoG� P 4 6" TO BE DEDICATED AS PUBLIC RIGHT-OF-WAY TO THE CITY BY SEPARATE INSTRUMENT FOUND 3" BRASS DISK STAMPED "WASH DNR" & "1982" & S-T-R DATA 5.5' W. OF ASPHALT CART PATH LAST VISITED 2022-06-28 - - - - 8 9 16 17 1 N31'07'38"E (R) �CIO C23-/ ��C22 S Poo 5 e5 SCALE. 111 = 400' C34 r� L37 N,G6 QGS. 6p, 0 200 400 800 C33 Ile Np�• 2 //- i LN89'02'13"W 111.21 OP <r NOT FOUND-\ 18 #- N MS CI 0 co N 000 wl� p I N 6 of 0 z <1 L39 C27 C28 TRACT 12-2-19 3,588,538t SF t FUTURE DEVELOPMENT L40 N53'41'38"E (R) b N26'19'26"E (R) $ z 1922.24 RF GR�P:01 PRKS €� 0 P G FOUND 2" PIPE RUSTED AT GROUND LEVEL W/ REMNANT LAYING ON GROUND BEARING TREES: FOUND NAIL & WASHER IN BURN MARK ON TREE S34'58'40"E 6.73' FOUND NAIL & WASHER "HGG TRAV PELS 6422" IN BURN MARK ON TREE N82'17'31"W 23.31' LAST VISITED 2022-05-20 18 17 19 20 N88'26'17"W 2638.19 s M Q�S ,Op,�p1 6 CURVE TABLE CURVE # RADIUS DELTA LENGTH C20 25.00 95'00'00" 41.45 C21 473.50 12'57'08" 107.04 C22 25.00 94'09'12" 41.08 C23 185.00 17'37'52" 56.93 C24 25.00 94'49'37" 41.38 C25 165.00 9'02'46" 26.05 C26 940.00 12'26'01" 203.99 C27 185.00 18'00'27" 58.14 C28 25.00 98'29'04" 42.97 C29 370.00 35'07'43" 226.85 C30 230.00 4*06'18" 16.48 C31 25.00 103'41'06" 45.24 C32 25.00 103'41'06" 45.24 C33 230.00 8'50'03" 35.46 C34 220.00 13'38'15" 52.36 C68 323.50 16'13'44" 91.63 C69 437.00 5'06'40" 38.98 FOUND 2" IRON PIPE UP 1.0' LAST VISITED 2022-05-20 20 FOUND 3" PUNCHED BRASS DISK STAMPED "WASHINGTON DEPT NATURAL RESOURCES" "1982" & STR DATA W/ 2" PINCHED PIPE WITNESS POST LAYING ON GROUND NEARBY BEARING TREES: 12" FIR N41'02'43"W 11.93' 14" FIR S75'23'00"E 25.09' LAST VISITED 2022-05-20 17116 FOUND TACK & WASHER IN 4" SQUARE CONC. MON. UP 0.4' W/ ALUM. DNR PLATE ATTACHED & 2" IRON PIPE WITNESS POST UP 1.0' BEARING TREE: 12" FIR S30'58'54"E 19.39' LAST VISITED 2022-05-20 \ N88'47'39"W 2549.14 17 16 201 Ti s CIVIL ENGINEERING LANDSCAPE ARCHITECTURE 'Con PLANNING v4, 41299 �q . a DESIGN SURVEYING � •C13T�¢.• sj�NAL LA�� 72100 NE 195th St, Suite 300 Bothell, Washington 98071 425.885.7877 JOB NO_ 20197 LINE TABLE LINE # BEARING LENGTH L20 N37'32'22"E 155.35 L21 N46'32'12"W 77.86 L22 N56'22'38"W 78.37 L23 N77'05'53"W 101.83 L24 NO3'30'32"E 146.53 L25 N86'29'28"W 70.57 L26 NO3'30'32"E 5.41 L27 N86'29'28"W 135.71 L28 N64'56'37"W 38.44 L29 N55'52'03"W 119.42 L30 N34'27'14"E 92.17 L31 N54'45'12"W 68.82 L32 N56'48'15"W 25.75 L33 N54'45'12"W 47.59 L34 N30'37'19"E 22.99 L35 N54'45'12"W 21.23 L36 N17'40'10"E 148.81 L37 N21'49'23"E 40.00 L38 N50'32'46"W 105.72 L39 N31'09'17"E 3.67 L40 N22'40'13"E 40.00 L41 N3212'04"W 81.25 L42 N49'59'28"W 47.00 L43 N31'07'38"E 63.99 L44 N40'00'32"E 60.00 L45 N44'37'43"E 60.20 FL46 S18'57'42"W 50.20 Page 87 of 122 LU22-Plat Final-03 CITY OF PORT ORCHARD Back to Agenda Development Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o planning @ cityofportorchard.us www.cityofpor-torchard.us October 6, 2022 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for McCormick Woods West Division 12 Phase 2 (LU22-PLAT FINAL-03) Dear City Council, In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the Kitsap County Hearing Examiner Decision dated May 30, 2008 and the subsequent administrative minor plat amendment decision issued by the City of Port Orchard Development Director on February 12, 2021. An appropriate performance bond has been received by the City of Port Orchard for certain civil improvements which adequately satisfies the conditions of preliminary plat approval. An appropriate performance bond has been received by the City of Port Orchard for certain landscaping improvements which adequately satisfies the conditions of preliminary plat approval. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I therefore recommend approval of the final plat. Sincerely, Nicholas Bond, AICP City Development Director CITY OF PORT ORCHARD Back to Agenda ,rid, Public Works Director illul r , 216 Prospect Street, Port Orchard, WA 98366 3nuu nil Phone: (36o) 876-4991 • Fax: (36o) 876-498o www.cilyorportorchard.us October 6, 2022 Port Orchard City Council City of Port Orchard 21.6 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for McCormick West Division 12 Phase 2 Dear City Council: In accordance with RCW 58.17.150(2), I hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the Conditions and Mitigation Measures within the Kitsap County Hearing Examiner's Findings, Conclusions and Decision dated May 30, 20o8 and a minor plat amendment dated February 12, 2021. The subdivision as presented complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I also state that the City of Port Orchard has confirmed that it has sufficient sewage disposal, pursuant to the recent completion of the McCormick Sewerage Lift Stations No. 1 and No. 2 improvements as outlined in the 2018 City of Port Orchard McCormick Woods Lift Stations No. 1 and No. 2 Agreement. With regards to water supply capacity, the development is located within the City of Port Orchard's Retail Water Service Area and sufficient water supply is available. Finally, the final plat documents have been reviewed, and I have confirmed that all working drawings and specifications for the improvements have been prepared in conformance with City standards and that all required improvements are either complete and accepted, or that a Performance Bond has been established for all unfinished work. I therefore recommend approval of the final plat. If you should have any questions, or need additional information, please feel free to contact me at this office. /SinTcerel,P.E. Interim Public Works Director/City Engineer Cc: Charlotte Archer — City Attorney Nick Bond — Development Director File Page 89 of 122 arrere x'_'i 8 F Back to Agenda IC.T 0 S 2W CITY OF PORT ORCHARD BILL OF SALE COMMUJ JJT` DEVELOPMENT THIS BILL OF SALE is made and executed this day of �.c�7�6; _ 20ZZ by and between _McCormick Developi-rent Corp , a Washington Limited Liability Corporation, hereinafter called the "Grantor" and the City of Port Orchard, a Municipal Corporation, hereinafter called the "Grantee." WITNESSETH: That the Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the City of Port Orchard ownership in the following described personal property situated in Kitsap County, State of Washington, and installed by the Grantor to date, TO WIT: Public sewer mains and public road and storm improvements and associated appurtenances constructed on -site at the McCormick West Division 12 PH2 proiect located on parcel 082001- 1-015-2001. These improvements are further described in Exhibit A and itemized in Exhibit B, both of which are attached hereto and incorporated herein by this reference. The Grantor hereby warrants that it is the lawful and sole owner of all the personal property above conveyed, that such items are free from all liens and encumbrances, that the Grantor has the full power to convey and transfer the same, and that the Grantor will defend the same against the claims and demands of any and all persons lawfully making claims thereto. The Grantor further warrants that the execution of this Bill of Sale is an authorized act of said Grantor. Dated at L< , Washington, this day of ��-ZDBri� , 20 Z2 GRAN : (McC mick velopment Corp) By: Its: ut rim Si nato Print Nave/James N Tosti PASurety forms\Bill of Sale\approved by Interim Atty\Bill of Sale — Master Form Page 90 of 122 Back to Agenda [Remainder of page intentionally left blank] PASurety forms\Bill of Sale\approved by Interim Atty\Bi II of Sale —Master Form Page 91 of 122 Back to Agenda STATE OF WASHINGTON )ss COUNTY OF 65 .Q- & ) On this 1-1 day of oc-71-e ctt 20 ZZ before me personally appeared J��� N• "�ssr to me known to be the managing member for a limited liability corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this Y day of oc w? lL , 20 2'L- i liam izzey �L� "rc.c..FAr, d/=zzWY Notary Public No a in and for the State of Washington, State of Washington residing in A� G c.y .41; I y Appointment Expires 4/18/2026 My commission expires 4' FMCqmmijsion Number 212,1411 Dated at Port Orchard, Washington, this day of , 20_ CITY OF PORT ORCHARD M Mark R. Dorsey, PE, Public Works Director STATE OF WASHINGTON )ss COUNTY OF KITSAP ) On this day and year above personally appeared before me, Mark R. Dorsey, who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned, and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of , 20_ Notary Public in and for the State of Washington, residing in My commission expires PASurety foms\Bill of Sale\approved by Interim Atty\Bill of Sale - Master Po` n Page 92 of 122 Back to Agenda Exhibit A List of Required Improvements The following provides a general description of the improvements conveyed under this Bill of Sale related to the "McCormick Woods West Div 12 Phase 2" project as shown in the approved construction plans prepared by CORE Design with City approval dated 7.21.2021. 1.) Specific improvements conveyed under this Bill of Sale include the following elements found within this approved construction drawings set as follows. a. Public sewer main extension, associated manholes and appurtenances within the plat as shown on below plan sheets i. C5.00-05.11 b. Public water main extensions, associated fittings and appurtenances within the plat as shown on below plan sheets. i. C6.00-C6.11 c. Public road and storm improvements, associated structures and appurtenances within the plat as shown on below plan sheets, i. C4.00-C4.41 ii. C7.00-C7.07 The items, quantity and value of the improvements described above and conveyed under this Bill of Sale are presented in Exhibit B and are associated with City of Port Orchard Permit #s PW21-027and PW21-028. Page 93 of 122 Back to Agenda V��4v 1333 Lloyd Parkway • Port Orchard, WA 98367 (360) 876-9737 • Fax (360) 876-9760 GENERAL CONTRACTORS "Buildi.ngou a Reputation of Quality" 9/21/2022 Attn: Nick Tosti McCormick Communities LLC EXHIBIT B 805 Kirkland Ave, Suite 200 Kirkland WA 98033 RE: McCormick West Div. 12, "88 Lots" Phase 2 Bill of Sale Thank you for the oppoortunity to provide you with the following Mc Cormick West Division 12, Phase 3 Bill of Sale Cost Breakdown. This breakdown describes the cost to perform the work per the set of drawings dated August 20, 2021 by CORE Design Engineering. Onsite native materials will be used as backfill. Item Quantity Unit Cost SUB -TOTAL TOTAL TAX ESTABLISH SUB -GRADE 15,900.0 SY $1.50 $23,850.00 $23,850.00 SALES CRUSHED ROCK UNDER ASPHALT & CONCRETE $143,100.00 USE 3" CSBC UNDER ASPHALT 15,900.0 SY $9.00 $143,100.00 SITE CONCRETE $253,840.00 USE 18" ROLLED CURB & GUTTER SIDEWALKS APPROACHES ADA RAMPS ASPHALT PAVING HMA PATH STORM SYSTEM MAIN LINE 12" CPEP 15" CPEP 24" CPEP TYPE 1 CB TYPE 2 CB'S WATER SYSTEM WATER SERVICES 8" D.I. ROAD "B" & GLENEAGLE DI PIPE HYDRANTS SEWER ONSITE SEWER SERVICES 8" PVC SEWER SANITARY SEWER MANHOLES STRIPING & SIGNAGE 7,200.0 LF $10.50 $75,600.00 30,240.0 SF $3.50 $105,840.00 6,400.0 SF $4.00 $25,600.00 26.0 EA $1,800.00 $46,800.00 $204,520.00 USE 15,900.0 SY $12.00 $190,800.00 980.0 SY $14.00 $13,720.00 $175,480.00 USE 2,800.0 LF $ 26.00 $72,800.00 340.0 LF $ 30.00 $10,200.00 640.0 LF $ 52.00 $33,280.00 16.0 EA $ 950.00 $15,200.00 22.0 EA $ 2,000.00 $44,000.00 $359,190.00 SALES 89.0 EA $1,650.00 $146,850.00 3,240.0 LF $34.00 $110,160.00 2,030.0 LF $36.00 $73,080.00 6.0 EA $4,850.00 $29,100.00 $292,950.00 USE 89.0 EA $950.00 $84,550.00 3,900.0 LF $32.00 $124.800.00 22.0 EA $3,800.00 $83,600.00 1.0 LS $11,890.00 $11,890.00 $11,890.00 USE SUB TOTAL $1,464,820.00 —USE TAX INCLUDED 1N ME" LISTED 9% W.S.S.T $34,473.60 TOTAL $1,499,293.60 We specifically exclude the following items. Engineering and Survey, Staking, Permits Bonds and Fees, Contaminated or Hazardous Materials, Geotechnical Services and/or Compaction Testing, Import/Export of soils due to wet weather conditions. Relocation of Existing Utilities (I.E GAS & ELECTRICAL), de -watering, Import Topsoils or Compost, water proofing, temporary fencing, de -commissioning of existing wells and septic systems or anything not specifically stated above. Page 94 of 122 Back to Agenda 1333 Lloyd Parkway • Port Orchard, VVA 98367 (360) 876-9737 • Fax (360) 876-9760 GENERAL CONTRACTORS "Building on a Reputation of Quality" DESCRIPTION OF WORK ITEM: QUANTITY: UNIT: UNIT PRICE: TOTAL COST: Sidewalk a work Installation(Most of the phase three sidewalK wi be installed after JUT) 4,222.00 SY $27.00 $113,994.00 ADA Ramps 14.00 EA $1,800.00 $25,200.00 Tratfic Circle Curb 990.00 LF $12.00 $11,880.00 Street Lights 53.00 EA $3,800.00 $201,400.00 Street Light Pole Bases 53.00 EA $120.00 $6,360.00 Dry Utility Trench 4,662.00 LF 1 $9.501 $44,289.00 Striping and Signage 1.00 LS 1 $10,000.001 $10,000.00 As-Builts 1.00 LS 1 $10,000.001 $10,000.00 Total Cost: $423,123.00 Kind Regards, R.V. Associates, Inc. Robert Lumsden Vice President / General Manager 150% Bond Amount: $634,684.501 Page 95 of 122 LU22-Plat Final-03 Back to Agenda nal Limited PO Box 3018 Bothell, WA 98041 P: (425) 489-4500 F: (425) 485-8489 www.hubinternational.com September 16, 2022 Nick Tosti McCormick Development Corp. 805 Kirkland Ave #200 Kirkland, WA 98033 RE: $634,684.50 City of Port Orchard Completion Bond - McCormick West Div. 12, Phase 2 Bond No. 0825416 Dear Nick: Enclosed is the requested bond for signature and notary. The invoice is also enclosed. Should you have any questions, please do not hesitate to call. Sincerely, Jim Kuich Sr. Account Manager (Surety) Enclosure Page 96 of 122 Back to Agenda Page 97 of 122 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond) RE: Project Name: PROJECT or PERMIT # CONTRACT# PW21-07 & PW21-028 0825416 DATE ACCEPTED: PROJECT COMPLETION DATE: McCormick West Div 12, Phase 2 Owner/Developer/Contractor: McCormick Development Corp. Project Location: Port Orchard, WA KNOW ALL PERSONS BY THESE PRESENTS: That we, McCormick Development Corp (hereinafter called the "Principal"), and Harco National Insurance Company a corporation organized under the laws of the State of Illinois , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Six Hundred Thirty Four Thousand Six Hundred Eighty Four and 501100 Dollars ($ 634,684.50 ), 150% of the total construction amount for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has entered into a certain agreement with the City, to perform the following project within the City: McCormick West Division 12, Phase 2 : and WHEREAS, the agreement with the City requires that certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the agreement with the City requires that the improvements are to be made or constructed within a certain period of time, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: A. Conditions. 1. The improvements to be constructed by the Principal include: (insert complete description here or add summary here and refer to a separate detailed description attached as Exhibit A) Sidewalk and Flatwork Installation, ADA Ramps, Street Lights, Street Light Pole Bases Page 1 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-PER01e-(5@;Fd 122 Back to Agenda 2. The Principal must construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above - referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. Therefore, a Performance Bond in the amount of 150% of the anticipated construction costs to guarantee the Work to be completed shall be provided prior to the commencement of Work and will be released upon completion and acceptance of all Work and upon receipt of the 2-year Maintenance/Warranty Bond. All bonds must be in a form approved by the City. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by the contract between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a two (2) year Maintenance Bond, not to exceed the Sum of Eighty Four Thousand Six Hundred Twenty Four and 60/10aollars ($ 84,624.60 ), 20% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. pp Page 2 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-NW-M92Y 122 Back to Agenda C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any why affect the obligation of the Principal or Surety on this bond, unless the City specifically a06i, ifs writiiie, to kucl .alteration, addition, extension or change. The Surety waives notice of any such chane,xtepjion, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be'made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 3 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-R-5QQ®f 122 Back to Agenda DATED this 16th day of September 12022 SURETY COMPANY (Signature must be notarized) By: Its'orney-in-fact Print Name: Jim S. Kuich Business Name: Harco National Insurance Company Business Address: PO Box 3018 City/State/Zip Code: Bothell, WA 98041-3018 Telephone Number: (425)489-4500 PRINCIPAL Its Print I4ame: ._��r--5 1US`fr' I Business Name: McCormick Development Corp Business Address: 805 Kirkland Ave, 4200 City/State/Zip Code: Kirkland, WA 98033 Telephone Number: (425)894-6382 CITY OF PORT ORCHARD ACCEPTED DATE: BY: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-?"g-81?jmf 122 Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF I certify that I know or ha satisfactory evidence that 3A►A person who appeared before me, said person acknowledged that (: acknowledged it to be (his/her) free and ntary act for the uses and pu FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF kio &, ) is the r'signed this instrument, and mentioned in the instrument. Dated: 1 /Z o / 2 Z Sig re C. 4A-t .t Z 2 6'Y print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: I certify that I know or have satisfactory evidence that J s�'"�S N iis the person who appeared before me, and said person acknowledged as the AN—I+vsF14rD 5r6A*?*Ay oft-4CCGdKFcA U(VC(.0j)A4;,w7 4 *C i' that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. i iam izzey Notary Public State of Washington My Appointment Expires 4/18/2026 Commission Number 22017366 Dated: Ct / Z.- /" Z.-- signature /iJ..G e- j, Art f, ;:Z? ay print name NOTARY PUBLIC in and for the State of Washington, residing at: ITS-ef /0-2.0 1%' r+zf /�t�;.,�v u�� G,,.y. gP07 2, My Commission expires: q L%'-1 Zr. Page 5 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Page 102 of 122 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASIIINGTON ) ss. COUNTY OF King ) I certify that I know or have satisfactory evidence that Jim S. Kuich is the person who appeared before me, and said person acknowledged as the Attorney -in -fact of Harco National Insurance Company that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. i > NpTAF Y +• .e SIC ;z_ % o PUB ""' KO A o 00 . .ofNO OF W PS 11`% 111 Dated: 9/16/2022 signature Emma C. Doleshel print name NOTARY PUBLIC in and for the State of Washington, residing at: Lake Stevens, WA My Commission expires: 12/1/2025 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Page 103 of 122 Page 6 of 6 POWER OF ATTORNEY Back to Agenda HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JIM S. KUICH, SARAH H. BEHRENS, EMMA C. DOLESHEL, NATALIE C. CHAU, HEATHER L. ALLEN, ANDY PRILL, THERESA A. LAMB, STEVE WAGNER, MICHAEL A. MURPHY, JIM W. DOYLE, CHAD M. EPPLE Bothell, WA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2021 ♦4Yi'ty STATE OF NEW JERSEY STATE OF ILLINOIS 01 ► County of Essex County of Cook fit 19041 Kenneth Chapman �l Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. ye A J' ANN% '."., IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, OGj',, New Jersey the day and year first above written. Shirelle A. Outle a Notary Public of New Jersey Y rY Y , My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies a.s set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A01083 Page 104 of 122 Irene Martins, Assistant Secretary Back to Agenda Page 105 of 122 Back to Agenda SURETY RIDER PW21-07 & PW21-028 - McCormick West Div 12, Phas 2 To be attached to and form a part of Bond No. 0825416 Type of Performance Bond for Private Sector Projects Bond: dated 9/16/2022 effective (MONTH -DAY -YEAR) exL�cnted by McCormick Development Corp , as Principal, (PRINCIPAL) and by Harco National Insurance Company as surety, in favor of City of Port Orchard (OBLIGEE) in consideration of the mutual agreements herein contained the Principal and the Surety hereby consent to changing The Bond Amount: From: Six Hundred Thirty Four Thousand Six Hundred Eighty Four and 50/100 Dollars ($634,684.50) To: Eight Hundred Sixty Two Thousand Thirty Nine and 50/100 Dollars ($862,039.50) Nothing herein contained shall vary, alter or extend any provision or condition of this bond except as herein expressly stated. This rider 9/16/2022 is effective (MONTH -DAY -YEAR) Signed and Scaled 10/5/2022 (MONTH -DAY -YEAR) (PRINCIPAL) McCormick De lopme t Corp By: (PRINCIPAL Harco Nation Insurance Company (SURETY) By: ' (ATT Y-IN-F Jim S. Kuich S-0443/GE 8108 Page 106 of 122 XOP POWER OF ATTORNEY Back to Agenda HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JIM S. KUICH, SARAH H. BEHRENS, DANIELLE ENRIQUEZ, EMMA C. DOLESHEL, HEATHER L. ALLEN, ANDY PRILL, THERESA A. LAMB, STEVE WAGNER, MICHAEL A. MURPHY, JIM W. DOYLE, JULIE M. GLOVER, CHAD M. EPPLE Bothell, WA their true and lawful atlomey(s)-in-fact to execute, seal and deliver for and on its behalf as surely, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2021 QyiNSf1AR'•.f STATE OF NEW JERSEY STATE OF ILLINOIS Ot �y County of Essex County of Cook SFEAl �` SEAT. 1904- �11 Kenneth Chapman Executive Vice President, Harco National Insurance Company `... and International Fidelity Insurance Company On this 31st day of December, 2021 before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, ...... '�� New Jersey the day and year first above written. to ` ,y., soove9.• 5hirelle A.Outley a Notary Public of New Jersey Fy, sw �� dE1.g�+.+` My Commission Expires April 4, 2023 CERTIFICATION 1, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, -and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, 1 have hereunto set my hand on this day, A01083 Page 107 of 122 Back to Agenda 1333 Lloyd Parkway • Port Orchard, WA 98367 (360) 876-9737 • Fax (360) 876-9760 GENERAL CONTRACTORS "Building on a Reputation of Quality" DESCRIPTION OF WORK ITEM: QUANTITY: UNIT: UNIT PRICE: TOTAL COST: SewerMortar Seems and Necks. Clean weep holes of hinged lids. Brought to grade 18.00 EA $500.00 $9,000.00 Storm Water Type 1-2 Structures Mortar Seems and Necks 39.00 EA $250.00 $9,750.00 Install Water Setters 98.00 EA $150.00 $14,700.00 Traffic Circle 1.00 LS $80,000.00 $80,000.00 Final site Stabilization 1.00 LS $15,000.00 $15,000.00 Storm and Sewer lines Flushing and Cleaning 1.00 LS $5,000.00 $5,000.00 Striping and Signage 1.00 LS $10,000.00 $10,000.00 Post Construction Soil Amendments 5,000.00 CY $6.00 $30,000.00 Sidewalk atwor Installation(Most of the phase three sidewalk wi e installed after JUT) 4,222.00 SY $27.00 $113,994.00 ry Utility I rench 4,662.00 LF $9.50 $44,289.00 ADA Ramps 14.00 EA $1,800.00 $25,200.00 Street Lights 53.00 EA $3,800.00 $201,400.00 Street Light Pole Bases 53.00 EA $120.00 $6,360.00 As-Builts 1.00 LS $10,000.00 $10,000.00 Total Cost: $574,693.00 Kind Regards, R.V. Associates, Inc. Robert Lumsden Vice President / General Manager 150% Bond Amount: $862,039.50 Page 108 of 122 Back to Agenda CITY OF PORT ORCHARD LANDSCAPE PERFORMANCE BOND Name of Project Project Location McCormick West Divisions 11 and 12 Port Orchard Project/Application # PW 21-027, PW 21-028 Performance Bond Amount $ 1,498,099 Bond # 0807269 Know all men by these presents: That whereas the City of Port Orchard, State of Washington has issued a permit to McCormick Development Corp (Contractor) hereinafter designated as the "Principal" a permit for the construction of the project designated McCormick West Divisions 11 and 12 , Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and Harco National Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Illinois , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of: One Million Four Hundred Ninety -Eight Thousand and Ninety Nine Dollars ($_ 1,498,099 ) 150% Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any claims relating to defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract. Once the work has been completed and accepted by the City of Port Orchard this Performance Bond will be released and replaced with a 2 year Maintenance Bond not to exceed the sum of: One Million Two Hundred Forty -Eight Thousand and Four Hundred Sixteen Dollars ($ 1,248,416 ) 125% Total Contract Amount. This hold harmless and indemnification agreement shall survive the expiration of this bond. City of Port Orchard Landscape Performance Bond Page 1 of 2 Page 109 of 122 Back to Agenda And the said Surety, for value received, hereby further stipulates and agrees that no change, extension of Lime, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this 8th day of February , 20 22 McCormick Dev lope ent Corp Harco National Insurance Company Princi ftr) Sure B Si atur Si at e Jim S. Kuich Print N me Print Name Attorney -in -fact Title Title 805 Kirkland Ave., #200 PO Box 3018 Mailing Address Mailing Address Kirkland, WA 98033 Bothell, WA 98041-3018 City, State, Zip Code City, State, Zip Code (425)894-6382 (425)489-4500 Phone Number Phone Number jim.kuich@hubintemational.com Email Address Email Address Accepted by the City of Port Orchard this day of , 20 By Signature Printed Name Title City of Port Orchard Landscape Performance Bond Page 110 of 122 Page 2 of 2 POWER OF ATTORNEY Back to Agenda HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JIM S. KUICH, SARAH H. BEHRENS, DANIELLE ENRIQUEZ, EMMA C. DOLESHEL, HEATHER L. ALLEN, ANDY PRILL, THERESAA. LAMB, STEVE WAGNER, MICHAELA. MURPHY, JIM W. DOYLE, JULIE M. GLOVER, CHAD M. EPPLE Bothell, WA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31s1 day of December, 2021 STATE OF NEW JERSEY STATE OF ILLINOIS a4� County of Essex County of Cook 19,04 112 fE Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. A �� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, Q�/j '.- New Jersey the day and year first above written. � \Q �FExP' OZO •. 'C +' %.:500799 y `. ' JEAS�`� Shirelle A. Outley a Notary Public of New Jersey Ills My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A01083 FaJAAA,if Page 111 of 122 Irene Martins, Assistant Secretary 22210 NE 80th Street Redmond, WA 98053 MAIN (425) 868-1615 FAX (425) 868-4827 CON. LIC. # BRANDNI975PP Back to Agenda 1a0b 1 Ct • "DiXI BASF PROPOSALI. DESCRIPTION OF WORK ITEM: QUANTITY: UNIT: UNIT PRICE: TOTAL COST: AUTUMN BLAZE MAPLE, 2" GAL 459.00 EA $354.00 $162,486.00 VINE MAPLE, b-b- 206.00 EA $186,00 $38,316.00 218.00 EA $250.00 $54,500.00 DOUGLAS FIR 291.00 EA $194.00 $56,454.00 877.30 EA $22.50 $19,739.25 1,914.00 EA $19.30 $36,940.20 BIO SWALE KARL FORESTER FEATHER REED GRASS, 2 GALLON 1,392.00 EA $22.50 $31,320.00 BIO SWALE SLOUGH SEDGE, 1 GALLON 7,482.00 EA $10.00 $74,820.00 BIO SWALE STAR OF GOLD DAY LILY, 1 GALLON 2,610.00 EA $1.2.40 $32,364.00 BIOSWALE SALAL 13,533.00 EA $10.80 $146,156.40 BIOSWALE SEED MIXTURE 7.00 ACRE $3,484.00 $24,388.00 SPECIAL SUN MIXTURE 2.00 ACRE $4,356.00 $8,712.00 DIV 11 IRRIGATION PROPOSAL 1.00 LS $103,307.50 $103,307.50 DIV 12 IRRIGATION PROPOSAL 1.00 LS $97,932.50 $97,932.50 BIOSWALE COMPOST AND PREP 1.00 LS $111,297.30 $111,297.30 $0.00 $0.00 Total Cost: $998,733.15 Kind Regards, Tutko Landscaping and Nursery Jason Tutko 150, Bond Amount: 1,498,099.73 Page 112 of 122 Back to Agenda After recording return document to: City of Port Orchard, Public Works Department 216 Prospect St Port Orchard, WA 98366 Document Title: Warranty Deed Reference Number of Related Document: AFN 9001220046 Grantors: The McCormick Woods Association Grantees: City of Port Orchard Legal Description: Por. NW1/4, NE1/4, Sec. 17, Twp. 23N, Rge. IE, W.M. Assessor's Tax Parcel Number: 5140-000-037 WARRANTY DEED City of Port Orchard — G1enEagle Ave. SW The Grantor, The McCormick Woods Association, a Washington Non -Profit Corporation, for and in consideration of the sum of TEN DOLLARS AND NO/100 ($10.00), and other valuable consideration, hereby conveys and warrants to the City of Port Orchard, a municipal corporation, Grantee, the following described real property situated in Kitsap County, in the State of Washington. See attached Exhibit A for legal description and Exhibit B for map. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Port Orchard, unless and until accepted and approved hereon in writing for the City of Port Orchard, by its authorized agent. Page 113 of 122 LU22-Plat Final-03 Back to Agenda WARRANTY DEED Date: The McCormick Woods Association STATE OF WASHINGTON ) ss County of ) On this day of , 2022, before me personally appeared to me known to be the authorized signatory of The McCormick Woods Association, a Washington Non -Profit Corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington, residing at My commission expires Accepted and Approved City of Port Orchard: Approved to as form: By: Printed Name: Title: Date: By: Printed Name: Title: Date: Page 114 of 122 Back to Agenda CORE DESIGN, INC. BOTHELL WA 98011 CORE PROJECT NO: 20197 09/19/2022 EXHIBIT "A" LEGAL DESCRIPTION - GLENEAGLE AVENUE SW RIGHT-OF-WAY DEDICATION A STRIP OF LAND 60.00 FEET IN WIDTH OVER A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. IN THE CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON, HAVING 30.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHEAST CORNER OF TRACT 1G, MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, RECORDS OF KITSAP COUNTY AND A POINT ON THE NORTH LINE OF SAID SECTION SUBDIVISION; THENCE S 29°00'00" W ALONG THE WEST LINE OF TRACT A, MCCORMICK WOODS, DIVISION 4, ACCORDING TO THE PLAT THEREOF RECORDED UNDER VOLUME 26 OF PLATS, PAGES 29 THROUGH 35, INCLUSIVE, 42.31 FEET TO THE POINT OF BEGINNING; THENCE S 52°52'17" E ALONG THE SOUTHEASTERLY EXTENSION OF GLENEAGLE AS DEDICATED ON SAID MCCORMICK WEST, DIVISION 11 PLAT 14.37 FEET TO A POINT OF TANGENCY WITH A 1,000.00 FOOT RADIUS CIRCULAR CURVE TO THE LEFT; THENCE SOUTHEASTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 17°50'54", AN ARC DISTANCE OF 311.51 FEET TO A POINT OF TANGENCY; THENCE S 70'43'11" E 155.74 FEET TO THE POINT OF TERMINUS AT THE WESTERLY RIGHT OF WAY MARGIN OF GLENEAGLE AVENUE SW AS DEDICATED ON MCCORMICK WOODS, DIVISION 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 25 OF PLATS, PAGES 236 THROUGH 240, INCLUSIVE, AT THE INTERSECTION WITH MCCORMICK WOODS DRIVE SW AS DEDICATED ON SAID DIVISION 4 PLAT. THE SIDELINES OF SAID STRIP SHALL BE SHORTENED OR LENGTHENED AS REQUIRED TO INTERSECT AT SAID WEST LINE OF SAID TRACT A AND THE WEST RIGHT OF WAY MARGIN OF SAID GLENEAGLE AVENUE SW. CONTAINS 28,894 +/- SQUARE FEET (0.6633 +/- ACRES). J:\2020\20197\Documents\Legal\DEDICATIONS\GLENEAGLE OFFSITE R-W DEDICATION.dou Page 115 of 122 N 29'00' 00"E 42.31' TO BE DEDICATED TO THE CITY BY SEPARATEINSTRUMENT Back to Agenda �RPOwpOp59 �5 NORTH LINE, NW 1/4, NE 1/4, SEC 17-23-1 /'-'� a� 3 �S° 1 \ o4� \RPO� Op5 p\v5 0 6 MCVORos P S 6p, N52'52'17"W 14.37' 4 W P . • of wa k co x . d• •x a: :o 3 014 q Ih 'GISTE4t�: ;°*Ai LNO k- RgV HOC. M��K W F. SW 2S pis°23g,��� 2 l 240 SCALE: V =100' 0 50 100 Page 116 of 122 Back to Agenda After recording return document to: City of Port Orchard, Public Works Department 216 Prospect St Port Orchard, WA 98366 Document Title: Warranty Deed Reference Number of Related Document: AFN 202203140148 Grantors: McCormick Development Corporation Grantees: City of Port Orchard Legal Description: Por. NW1/4, NE1/4, Sec. 17, Twp. 23N, Rge. 1E, W.M. Assessor's Tax Parcel Number: 172301-2-004 WARRANTY DEED City of Port Orchard — G1enEagle Ave. SW The Grantor, McCormick Development Corporation, a Washington Corporation, for and in consideration of the sum of TEN DOLLARS AND NO/100 ($10.00), and other valuable consideration, hereby conveys and warrants to the City of Port Orchard, a municipal corporation, Grantee, the following described real property situated in Kitsap County, in the State of Washington. See attached Exhibit A for legal description and Exhibit B for map. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Port Orchard, unless and until accepted and approved hereon in writing for the City of Port Orchard, by its authorized agent. Page 117 of 122 LU22-Plat Final-03 Back to Agenda WARRANTY DEED Date: McCormick Development Corporation STATE OF WASHINGTON ) ss County of On this day of , 2022, before me personally appeared to me known to be the authorized signatory of McCormick Development Corporation, a Washington Corporation, the corporation and company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington, residing at My commission expires Accepted and Approved City of Port Orchard: Approved to as form: By: Printed Name: Title: Date: By: Printed Name: Title: Date: Page 118 of 122 Back to Agenda CORE DESIGN, INC. BOTHELL WA 98011 CORE PROJECT NO: 20197 09/16/2022 EXHIBIT "A" LEGAL DESCRIPTION - GLENEAGLE AVENUE SW RIGHT-OF-WAY DEDICATION A PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. IN THE CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 1G, MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 35 OF PLATS, PAGES 234 THROUGH 244, INCLUSIVE, RECORDS OF KITSAP COUNTY AND A POINT ON THE NORTH LINE OF SAID SECTION SUBDIVISION; THENCE N 88056'22" W ALONG SAID NORTH LINE AND THE COMMON LINE WITH TRACT 1S OF SAID PLAT, 130.59 FEET TO THE SOUTHWESTERLY RIGHT-OF-WAY MARGIN OF GLENEAGLE AS DEDICATED ON SAID PLAT; THENCE S 52052'17" E ALONG THE SOUTHEASTERLY EXTENSION OF SAID MARGIN 116.54 FEET TO A POINT ON THE NORTHWEST BOUNDARY OF TRACT A, MCCORMICK WOODS, DIVISION 4, ACCORDING TO THE PLAT THEREOF RECORDED UNDER VOLUME 26 OF PLATS, PAGES 29 THROUGH 35, INCLUSIVE; THENCE N 29000'00" E ALONG SAID BOUNDARY LINE 77.67 FEET TO THE POINT OF BEGINNING. CONTAINS 4,480 +/- SQUARE FEET (0.1029 +/- ACRES Y( �y66 v :tip' ,fir �• lid a 0. �. O * 38014 toNAi ..L 09/16/2022 J:\2020\20197\Documents\Legal\GLENEAGLE AVE SW R-W DEDICATION.dou Page 119 of 122 \ C�i'gC gFN-1p�/C,G o??o o ST 9,ry�cox'�� \ 'oG� F7iF\ 20�2 ,o SST �ic�o'90 N88'56'22"W NORTH LINE, NW 1/4, NE 1/4, SEC 17-23-1 71 130.60' , <c, (o SCALE: 1" =100' 0 50 100 200 McCORMICK WEST PAGE RIGHT-OF-WAY DEDICATION 10F 1 ^EXHIBIT B 1 12100 NE 195th St., Suite 300 COREBothell, Washington 98071 DESIGN 425.885.7877 Fax 425.885.7963 ENGINEERING -PLANNING -SURVEYING-L.A. JOB NO. 20197 �P 60 ti 'E•Wq' 3 014 4�w �'C r S T E¢/ jGA'AL LAB Page 120 of 122 City of Port Orchard Back to Agenda + 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7G Meeting Date: October 11, 2022 Subject: Approval of an Agreement with the Police Prepared by: Debbie Lund Guild Representing Patrol Officers Regarding HR Manager Calculation of Overtime Atty Routing No.: 366922-0008 — HR Atty Review Date: 10/06 Summary: The City regularly and routinely reviews and audits its payroll practices. During one audit the City identified an issue with payments for medical insurance opt out participants. Payroll staff implemented a process to address the issue. In addition, payroll staff researched and identified wages owed to affected employees. The Guild and the City have agreed to payment to all affected members, totaling $952.91 pending Council approval. Recommendation: Staff recommends the City Council authorize the Mayor to sign an Agreement with the Port Orchard Police Guild representing Patrol Officers regarding the calculation of overtime. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign an Agreement with the Port Orchard Police Guild representing the Patrol Officer Employees regarding calculation of overtime." Fiscal Impact: None; this amount was included in the budget as authorized wages. Alternatives: None. Attachments: The Agreement under consideration tonight is a draft until approved by Council and signed by the parties, sent to Council by the City Attorney. Page 121 of 122 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7H Approval of an Agreement with the Police Guild representing Patrol Officers regarding recruitment incentives for new employees hired as Lateral Peace Officers Back to Agenda Meeting Date: Prepared by: Atty Routing No. Atty Review Date October 11, 2022 Debbie Lund HR Manager 366922-0008 — HR 10/06/2022 Summary: In February 2022, the City began conversations with the Port Orchard Police Guild representing Patrol Officers relating to recruitment incentives for Lateral Peace Officers. Due to the current recruitment market, especially for lateral police officers, these incentives have become more commonplace. Unable to reach an agreement with the Guild, in May 2022, the City Council approved Ordinance No. 019-22, authorizing a $10,000 recruitment incentive upon hire for lateral peace officers and instructed staff to continue negotiations relating to an additional $5,000 incentive payable upon the lateral officer's completion of probation. The agreement provides for that $5,000 incentive as well as an advancement of 40 hours of sick leave and 40 hours of vacation leave, pending Council approval. Recommendation: Staff recommends the City Council authorize the Mayor to sign an Agreement with the Port Orchard Police Guild representing Patrol Officers regarding recruitment incentives for Lateral Peace Officers. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign an Agreement with the Port Orchard Police Guild representing the Patrol Officer Employees regarding recruitment incentives for Lateral Peace Officers." Fiscal Impact: None; this amount was included in the budget as authorized wages. Alternatives: None. Attachments: The Agreement under consideration tonight is a draft until approved by Council and signed by the parties, sent to Council by the City Attorney. Page 122 of 122