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Home My WebLink About05/09/2023 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: Mark Trenary (Mayor Pro-Tempore) E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair Fred Chang Economic Development & Tourism Committee Land Use Committee Transportation Committee Jay Rosa pepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol alt, KRCC Planpol-alt, John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli 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, MMC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@portorchardwa.gov City of Port Orchard Council Meeting Agenda May 9, 2023 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/82404901385 Zoom Webinar ID: 824 0490 1385 Zoom Call -In: 1 253 215 8782 Guiding Principles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 1. CALL TO ORDER A. Pledge of Allegiance 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. Adoption of a Resolution Approving the Purchase of a Riding Mower for the Equipment Rental Revolving Fund 500 (Lang) Page 4 D. Adoption of a Resolution Approving the Purchase of a Combination Jet/Vacuum Truck from the Equipment Rental Revolving Fund 500 (Lang) Page 15 E. Adoption of a Resolution Approving the Purchase of Materials to Construct Electric Vehicle Charging Stations for the City's Fleet of Electric Vehicles (Lang) Page 24 F. Approval of the April 14, 2023, Council Retreat Minutes Page 39 5. PRESENTATION 6. PUBLIC HEARING A. Blueberry Apartments Development Agreement for Traffic Impact Fee Credits (Bond) Page 75 7. 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. 8. BUSINESS ITEMS A. Adoption of an Ordinance Approving the Petition to Vacate City Right -of -Way, an Alley Commonly Known as Mystery Lane, and the Westerly Portion of Harrison Avenue (Wallace/Archer) Page 77 B. Adoption of an Ordinance Approving a Development Agreement with Blueberry Apartments, QOZB, LLC (Bond) Page 120 C. Adoption of a Resolution Approving a Contract with Miles Resources, LLC for the 2023 Citywide Asphalt Repair Protect (Lang) Page 145 D. Adoption of an Ordinance Amending POMC Chapter 2.60 Related to Council Compensation (Lund) Page 191 E. Adoption of an Ordinance Amending POMC 20.26.020 and 20.132.060 to Include Signage as an Eligible Development Standard Addressed through a Development Agreement (Bond) Page 197 F. Adoption of an Ordinance Amending POMC 20.24.040 Addressing Counter Completeness and Electronic Permit Submittals (Bond) Page 208 ' G. Adoption of an Ordinance Adopting the 2023 Comprehensive Plan Amendments (Bond) Page 212 H. Adoption of a Resolution Adopting Personnel Policies Related to Purchasing of Clothing and Work Boots (Lund) Page 230 I. Adoption of a Resolution Authorizing a Memorandum of Understanding with Kitsap Regional Library for Design Work for the Community Event Center (Archer) Page 233 J. Approval of Amendment No. 10 to Contract No. 066-20 with Rice Fergus Miller for Design Work to Library Space for the Community Events Center (Archer) Page 239 K. Approval of Road Closure for a Special Event: Fathom's 54Lhh Grand Parade (Wallace) Page 267 L. Approval of Road Closure for a Special Event: South Kitsap Grad Parade (Wallace) Page 303 M. Approval of Road Closure for a Special Event: Unforgotten Run (Wallace) Page 322 N. Approval of Parking Lot Closure for a Special Event: Fathoms 0' Fun Summer Festival (Wallace) Page 341 O. Approval of the April 25, 2023, City Council Meeting Minutes Page 353 9. DISCUSSION ITEMS (No Action to be Taken) 10. REPORTS OF COUNCIL COMMITTEES 11. REPORT OF MAYOR 12. REPORT OF DEPARTMENT HEADS 13. 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.) 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: www.portorchardwa.gov or by contacting the City Clerk's office at (360) 876-4407. May 9, 2023, Meeting Agenda Page 2 of 3 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 May 15, 2023: 9:30am June 13, 2023; 5:00pm May 9, 2023; S:00pm May 23, 2023; 4:30pm May 15, 2023; 3:30pm May 10, 2023; 4:30pm TBD, 2023 s--------------------- TBD, 2023; S:00pm Varies Location Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access ----------------- SS 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: www.portorchardwa.gov or by contacting the City Clerk's office at (360) 876-4407. May 9, 2023, Meeting Agenda Page 3 of 3 Back to Agenda i - E INYI 1'Mai 40 -"Illus NNW City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Subject: Adoption of a Resolution Approving the Purchase of a Riding Mower for the Meeting Date: May 9, 2023 Prepared by: Tony Lang Equipment Rental Revolving Fund 500 Atty Routing No. Atty Review Date Public Works Director 366922-0009 May 3, 2023 Summary: A City mower is scheduled for replacement in 2023 as part of the Equipment Rental and Revolving Fund 500 (ER&R) replacement process. The expense for replacement is budgeted in the 2023-2024 Biennial Budget, which included $50,000 for the purchase. The City has an interlocal agreement with purchasing cooperative Sourcewell (City Contract No. C075-14). Pursuant to the City's fleet standardization policies staff identified a mower manufactured by The Toro Company as the desired equipment for purchase. The City's Public Works Department identified Western Equipment Distributors Inc. DBA Turf Star Western, as an Authorized dealer of The Toro Company and as an approved vendor for the desired equipment, awarded via Sourcewell Contract No. 031121-TTC. Staff reviewed the procurement process utilized by Sourcewell for this contract, confirming the procurement requirements were met and obtained necessary documentation regarding procurement. On April 26, 2023, pursuant to the City's Procurement Procedures Policies adopted as Resolution No. 036-22, as amended, Public Works staff requested and received a quote of $44,685.80 (applicable tax included) from Western Equipment Distributors Inc. DBA Turf Star Western for a Toro Proline H800 Mower. On April 27, 2023, the City Public Works Department completed the Interlocal Agreement Purchase Checklist for Western Equipment Distributors Inc. DBA Turf Star Western. Staff confirmed the quoted price is consistent with the pricing set out in the Sourcewell contract and that all applicable statutory procurement requirements were met. The ER&R equipment listed in the quote meets the City's fleet standardization policies, and at a cost of $44,685.80, is within the limits of the Biennial Budget. The City's Procurement Policies require City Council authorization for purchasing items costing $35,000 or more. The ER&R Purchase Request including Vendor Quote attached as Exhibit A is for the purchase of a mower in an amount that exceeds the $35,000 authorization limit. Recommendation: Staff recommends approving a Resolution approving the purchase of a Toro Proline H800 Mower in accordance with the City's fleet standardization policies and the 2023-2024 Biennial Budget. Relationship to Comprehensive Plan: N/A Page 4 of 358 Back to Agenda Consent Agenda 4C Page 2of2 Motion for consideration: "I move to adopt a resolution authorizing the purchase of a Toro Proline H800 Mower in accordance with the City's fleet standardization policies and the 2023- 2024 Biennial Budget." Fiscal Impact: The Toro Mower is budgeted in the 2023-2024 Budget (GL Code 500.10.594.76.60) Alternatives: Do not approve and provide alternative guidance. Attachment: Resolution Exhibit A: ER&R Purchase Request including Vendor quote. ILA Checklist Page 5 of 358 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF A RIDING MOWER FOR THE EQUIPMENT RENTAL REVOLVING FUND 500 AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, a City mower is scheduled for replacement in 2023 as part of the Equipment Rental and Revolving Fund 500 (ER&R) replacement process; and WHEREAS, the City has an interlocal agreement with purchasing cooperative Sourcewell (City Contract No. C075-14) which allows the City to utilize the contracts procured by Sourcewell 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, pursuant to the City's fleet standardization policies staff identified a mower manufactured by The Toro Company as the desired equipment for purchase; and WHEREAS, consistent with City Contract No. C075-14 and the City's Procurement Procedures Policies, adopted as Resolution No. 036-22, as amended, the City's Public Works Department identified Western Equipment Distributors Inc. DBA Turf Star Western as an Authorized dealer of The Toro Company and as an approved vendor for the desired equipment, awarded via Sourcewell Contract No. 031121-TTC; and WHEREAS, Staff reviewed the procurement process utilized by Sourcewell for this contract to confirm the procurement requirements were met and obtained necessary documentation from Sourcewell and the vendor to confirm statutory procurement requirements were met; and WHEREAS, on April 26, 2023, Public Works staff requested and received a quote from Western Equipment Distributors Inc. DBA Turf Star Western of $40,883.64 (plus applicable tax) for a total purchase price of $44,685.80; and WHEREAS, on April 27, 2023, the City's Public Works Department completed the Interlocal Agreement Purchase Checklist for the selected vendor and confirmed the quoted price was consistent with Sourcewell Contract No. 031121-TTC; and WHEREAS, the 2023-2024 Biennial Budget includes $50,000 in Equipment Rental and Revolving Fund 500 (ER&R) for the purchases of the Riding Mower, respectively; and WHEREAS, the City's Procurement Policies require City Council authorization for purchasing items costing $35,000 or more; and WHEREAS, the Western Equipment Distributors Inc. DBA Turf Star Western quote attached as Exhibit A is for the purchase of ER&R Equipment in an amount that exceeds the $35,000 authorization limit; and Page 6 of 358 Back to Agenda Resolution No. Page 2 of 2 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: 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 from Western Equipment Distributors Inc. DBA Turf Star Western in the amount of $44,685.80 (applicable tax 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 9t" day of May 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 7 of 358 Removeji •l Back to Agenda B OR ER&R Replacement or Addition Purchase Request RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Description of item: Proline H800 Mower w/ Hi -Lift dump Procurement method: Sourcewel I Department Water Sewer Storm Street Public Works DCD Police Admin x Addition or Replacement Addition to Fleet - Please state business case for addition: Replacement Vehicle / Equipment being replaced: 1025 - Kubota Riding mower x Fleet Standardization Requested Vehicle / Equipment follows fleet standardization Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are not fleet standard and reason for addition. Page 8 of 358 Back to Agenda X Requested Vehicle / Equipment does not have a standard Cost $42,627.00 Fleet standard cost 42,627.00 Additional cost for consideration and business case: setup- $859.33, delivery- $859.33, Debris suppression kit- $340.14 TOTAL $44,685.80 - tax included $2,058.80 STANDARDS FOR VEHICLES Police Department Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2 Ton Regular Automatic White City Logo Lights 3/4 Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Tvpe Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD I have reviewed the vehicles / equipment listed above and request approval for purchase. -7-— 4/28/2023 Department Director Date Page 9 of 358 3ack to Agenda Approved for purchase by: Gretchen Isaksson 4/27/23 ER&R Representative Date Page 10 of 358 T°A,q RF ST Re • � Back to Agenda Quotation for City of Port Orchard Quote No:8078834-00 City of Port Orchard 216 Propsect Street Port Orchard, CA 98366-5326 iQuote No: 131298 Sales Person: Alex Hedlund alex.hedlund@turfstar.com (360) 296-8668 031121-TTC Sourcewell Summary Configuration Name Qty Unit Price Sub Total Sales Tax Total 010-Proline H800 1 $40,883.64 $40,883.64 $3,802.16 $44,685.80 Totals: $40,883.64 $3,802.16 $44,685.80 1 1 P a g e Page 11 of 358 STAR WESTERN Remove Wal Back to Agenda Quotation for City of Port Orchard Quote No:8078834-00 Configuration Product Details 010-Proline H800 Model Product Description Qty Unit Price Extended Sales Tax Total 31051 Proline H800 1 $39,000.00 $39,000.00 $3,627.00 $42,627.00 134-4690 Kit Debris Suppression 1 $311.20 $311.20 $28.94 $340.14 FSD1 Setup 1 $786.22 $786.22 $73.11 $859.33 FSD2 Delivery 1 $786.22 $786.22 $73.11 $859.33 Totals: $44,685.80 Page 12 of 358 2 1 P a g e T°Back to Agenda Quotation for City of Port Orchard Quote No:8078834-00 Standard Terms and Conditions Prices including all finance options are subject to change based on Turf Star Western's receipt of product and estimated shipments. Currently, product availability is a minimum of 6-18 months. Your Final Price will be determined at time of shipment. Delivery is FOB point of origin unless otherwise stated. Office Locations Northern California: 3928 N.Blattela Lane Fresno, CA 93727 Fax: (559) 277-7123 2438 Radley Court Hayward, CA 94545 Fax: (510) 785-3576 11373 Sunrise Gold Circle Rancho Cordova, CA 95742 Fax: (800) 241-1997 Southern California: 79-253 Country Club Drive Bermuda Dunes, CA 92203 Fax: (760) 345-4297 955 Beacon Street Brea, CA 92821 Fax: (800) 775-8873 2110 La Mirada Ste 100 Vista, CA 92083 Fax: (760) 734-4285 Pacific Northwest: 1750 Industrial Dr.NE Salem, OR 97301 Ph: (503) 691-0250 5869 South 194th Kent, WA 98032 Fax: (253) 872-6942 2824 East Garland Spokane, WA 99207 Fax: (509) 483-7563 • WARNING: Cancer and Reproductive Harm-hq://www.P65Wamings.ca.gov For more information, please visit http://www.ttcoCAProp65.com CALIFORNIA SPARK ARRESTER WARNING Operation of this equipment in the State of California may create sparks that can start fires around dry vegetation. A spark arrestor may be required. The operator should contact local fire agencies for laws or regulations relating to fire prevention requirements. Page 13 of 358 3 1 P a g e CITY OF PORT ORCHARD Back to Agenda PURCHASES THROUGH INTERLOCAL AGREEMENTS City Contract No.: 075-14 Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name): Sourcewell Item Description Toro Proline H800 Mower Do you have an Interlocal agreement signed with the Contract (host) Agency? ® If yes, where is it filed: _City Clerk El If no, get a mutually signed Agreement in place before you continue. State OSP Contract No.#: Sourcewell #031121-TTC 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. Checklist for Re wired Compliance Is the Host agency a public agencyi? ® Yes ❑ No If Yes, what state laws apply to Host Agency: Minnesota Does the host agency have a requirement ® Yes ❑ No Federal and State contract rules usually don't to run a newspaper ad in their local paper require a newspaper ad. For others, attach the and did they comply ad or place into the file Did they list on the public agency's ❑X Yes ❑ No If Yes, state when and the address, and proof website? of date, address shall be attached or placed into the file. If No, you cannot use the bid. Did the bid & award comply with the ❑x Yes ❑ No If Yes, obtain documentation to support answer Host agency's state procurement laws? from Host Agency. If No, you cannot use the bid. 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 14 of 358 Back to Agenda i - E INYI 1'Mai 40 -"Illus NNW City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Subject: Adoption of a Resolution Approving the Purchase of a Combination Jet/Vacuum Meeting Date: May 9, 2023 Prepared by: Tony Lang Truck from the Equipment Rental Atty Routing No. Revolving Fund 500 Atty Review Date Public Works Director 366922-0009 May 4, 2023 Summary: The Public Works Department has identified new equipment necessary for continued operations in 2023. In particular, staff identified the need to purchase a Combination Jet/Vacuum Truck ("the Vehicle") to replace ER&R No. 1059 (Ford LT8501 Vac -Con) that is scheduled for replacement in 2023 from the Equipment Rental and Revolving Fund 500 ("ER&R"). The 2023-2024 ER&R budget includes $600,000 for the purchase of the replacement vehicle. The City is a member of purchasing cooperative Sourcewell (City Contract No. C075-14) which allows the City to utilize the contracts procured by Sourcewell 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. Consistent with City Contract No. C075-14 and the City's Procurement Procedures Policies, adopted as Resolution No. 036-22, as amended, the City's Public Works Department identified Enviro-Clean Equipment, as an authorized Vac -Con, Inc dealer and as an approved vendor for the vehicle, awarded via Sourcewell Contract No. 101221-VAC ("Sourcewell Contract"). On April 13, 2023, staff requested a quote from the vendor, and on April 17, 2023, the City received a quote of $597,230.47 from Enviro-Clean Equipment for the vehicle and operating add-ons. Staff confirmed the quote was consistent with the Sourcewell Contract pricing. Staff also confirmed the vehicle, and all operating add-ons, meets the City's fleet standardization policies and at a cost of $597,230.47 is within the limits of the 2023-2024 Biennial Budget. On April 20, 2023, the City Public Works Department completed the Interlocal Agreement Purchase Checklist for Vac -Con, Inc. - Sourcewell. Staff reviewed the procurement process utilized by Sourcewell for the Sourcewell Contract and confirmed the applicable procurement requirements were met and obtained all necessary documentation from Sourcewell and the vendor regarding procurement. Further, staff has identified additional expenses associated with the vehicle after delivery that are necessary to prepare the vehicle for service. These expenses include the purchase/installation of a CB radio and City logo decals. These items are all estimated to cost $2,186.00 (within the $600,000 ER&R budget authority for the vehicle purchase). However, these items are not included in the Sourcewell Contract and staff will follow the City's Procurement Procedures Policies for the purchase of these items. Page 15 of 358 Back to Agenda Consent Agenda 4D Page 2 of 2 The City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more. Recommendation: Staff recommends adopting a Resolution authorizing the purchase of a vehicle and associated equipment in accordance with the City's procurement policies, fleet standardization policies, and the 2023-2024 Biennial Budget. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a Resolution authorizing the purchase of a vehicle and add-ons from Vac -Con, Inc via Enviro-Clean Equipment." Fiscal Impact: Combination Jet/Vacuum Truck and operating add-ons: $597,230.47 (excluding registration fees) are included in the 2023-2024 Budget (GL Code: 500.10.594.35.60). Licensing/CB radio/logo and decals (not included in this approval but listed as a component cost of the vehicle, included here for transparency): $2,186.00 are included in the 2023-2024 Budget (GL Code: 500.10.594.35.60). Total Estimated Cost of vehicle and all related equipment/items: $599,416.47. Alternatives: Do not approve and provide alternative guidance. Attachment: Resolution Exhibit A -Quote Dealer Authorization Letter Interlocal Agreement Checklist ER&R Purchase request Page 16 of 358 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF A COMBINATION JET/VACUUM TRUCK AND ASSOCIATED EQUIPMENT FROM THE EQUIPMENT RENTAL REVOLVING FUND 500 AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, a City Vac -Con Truck (ER&R #1059) is scheduled for replacement in 2023 as part of the Equipment Rental and Revolving Fund 500 (ER&R) replacement process; and WHEREAS, the City is a member of the purchasing cooperative Sourcewell, formally known as the National Joint Power Alliance (NJPA), a Minnesota Public Agency; and WHEREAS; consistent with City Contract No. C075-14 and the City's Procurement Procedures Policies, adopted as Resolution No. 036-22, as amended, the City's Public Works Department identified Enviro-Clean Equipment, as an authorized Vac -Con, Inc dealer and an approved vendor for the desired Jet/Vacuum Truck and associated equipment through Sourcewell Contract No. 101221-VAC (Sourcewell Contract); and WHEREAS, Staff reviewed the procurement process utilized by Sourcewell for the Sourcewell Contract, confirmed the statutory procurement requirements were met, and obtained all necessary documentation from Sourcewell and the vendor regarding procurement; and WHEREAS, on April 13, 2023, Public Works staff requested a quote and on April 17, 2023, received a quote from Vac -Con, Inc via Enviro-Clean Equipment of $544,758.64 (plus applicable tax), for a total purchase price of $597,230.47; and WHEREAS, on April 20, 2023, the City's Public Works Department completed the Interlocal Agreement Purchase Checklist for the selected vendor and confirmed the quote was consistent with the Sourcewell Contract; and WHEREAS, the 2023-2024 Biennial Budget includes $600,000 in the Equipment Rental and Revolving Fund 500 (ER&R) for the purchase of a replacement Vac -Con Truck; and WHEREAS, the City's Procurement Policies require City Council authorization for purchasing budgeted items that cost $35,000 or more and for unbudgeted purchases; and WHEREAS, the Vac -Con, Inc (via Enviro-Clean Equipment) Quote, attached as Exhibit A, is for the purchase of ER&R Equipment in an amount that exceeds the $35,000 authorization 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, Page 17 of 358 Back to Agenda Resolution No. Page 2 of 2 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 the purchase of a Combination Jet/Vacuum Truck and associated equipment from Vac -Con, Inc via Enviro-Clean Equipment in the amount of $597,230.47 (applicable tax 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 9t" day of May 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 18 of 358 jenda 04/17/2023 NEW SOURCEWELL SINGLE ENGINE COMBINATION JETNACUUM SEWER CLEANER Sourcewell Contract: 101221-VAC Customer: CITY OF PORT ORCHARD PUBLIC WORKS Shipping: WASHINGTON Requirement Specification Combination jet/vacuum sewer cleaner with all standard equipment V311HEN/1000 L H A -P Sourcewell discount 11 Yard debris body Freightliner model 114SD chassis with a 475 HP Cummins X12 Engine, Allison 350ORDS Transmission *Special Order Chassis Body mounting on Chassis 10" Aluminum telescoping boom with pendant control station Front mounted articulating hose reel, 600' (1 ") Capacity, articulating to drivers side 600' x 3/4" Jet rodder hose 50 GPM @ 3000 PSI Giant water system 1000 Gallon polyethylene water tank capacity with 10 year warranty 6" Knife valve with center post and handle A Flat style rear door in lieu of dome style door including hydraulic opener Built in body prop Debris tank drain screen placement Electric vibrator Rear splash shield - rear flange mounted Rubber pad on standard deflector Screen assembly over drain port in debris tank Page 19 of 358 Page 1 of 3 Back to Agenda 1 /4 Turn ball valve water drain 50' capacity retractable hand gun hose reel Air purge system Centrifugal compressor fan flush out system Debris body "Power Flush" system, 8 jets Hydro -excavation package Variable flow valve Water pump remote oil drain Power guide "Reel Power" level wind guide Behind cab boom support Cone rack, hinges style/deck Long handle storage placement - mounted in storage box under shelf Rear mounted tow hooks Remote boom grease zerk assembly Remote debris tank grease zerk assembly Tungsten infused carbide boom elbow and reducer LED 4 Strobes (2) front bumper, (2) rear bumper LED Boom mounted flood lights with limb guard LED Flood light - Level wind guide LED Mid body flood lights with guards LED Rear mounted flood lights with limb guards Two LED Strobes with limb guards, rear debris tank mounted Two Mirror mounted LED strobe light with limb guard Front hose reel camera placement Low water alarm with light Page 2 of 3 Requirement Specification 13acK tO Agenda Omnibus Precision Power System Rear camera placement Wireless remote control Traffic camera with color monitor High -Pressure hand wand 5 1 " x'h" stainless steel, pistol grip handle with adjustable handle Hydro-X Lance Assembly Two High Pressure "Tommy Gun Style" HP wash down gun - ECE to Provide Paper Vac -Con Manual Two 3/4" x 15' Length Leader Hose Additional pipe rack Lazy Susan pipe rack Storage box behind cab 16" x 42" x 96" Vac -Con unit painted: Elite Pepsi Blue Safety Striping package - Green Local dealer pre delivery and inspection Delivery to customer facility Additional discount offered by local dealer TOTAL PRICE OFFERED TO SOURCEWELL MEMBER $544,758.64 Sales Tax - 9.3% $50,662.55 Vehicle Use Tax - 0.3% $1,634.28 Transfer Fee - $175.00 $175.00 TOTAL PRICE OFFERED TO SOURCEWELL MEMBER INCLUDING TAX $597,230.47 Delivery is Days after receipt of order. SOURCEWELL CONTRACT NO 101221-VAC VENDOR/CONTRACT HOLDER: VAC -CON, INC. 969 HALL PARK RD GREEN COVE SPRINGS, FL 32043 CONTACT: M.J. DUBOIS EMAIL: MJDUBOIS(u,DUCOLLC.COM PHONE: 410-924-1004 THIS QUOTE IS VALID FOR (30) DAYS FROM THE DATE OF QUOTATION Page 21 of 358 Page 3 of 3 W-.A VAOCON Back to Agenda I I KI a L ��iPa 969 Hall Park Drive Green Cove Springs, FL 32043 Tel: 904.284.4200 • Fax: 904.284.3305 www.vac-con.com CUSTOMER PO TO DEALER AUTHORIZATION LETTER Date April 17, 2023 To: City of Port Orchard Public Works Port Orchard, Washington RE: DEALER AUTHORIZATION TO RECEIVE SOURCEWELL MEMBER PO To Whom It May Concern, We authorize your local dealer, Enviro-Clean Equipment to receive a Purchase Order from you for the purchase of a Vac -Con sewer cleaner model V311HEN/1000 as quoted to you on 04/17/2023 according to the terms of our Sourcewell Contract Number 101221-VAC. This letter is for a one-time authorized assignment of Contract Number 101221-VAC, and cannot be duplicated on future orders, or quotations without specific written consent of Vac -Con, Inc. Please provide us with a copy of your purchase order for our records. You may email the Purchase Order to mjdubois@ducollc.com. Should you have any further questions or concerns, please do not hesitate to contact me. Sincerely, M.J. Duais MJ DuBois Contract Administrator MORE POWER TO YOU Page 22 of 358 Back to Agenda CITY OF PORT ORCHARD PURCHASES THROUGH INTERLOCAL AGREEMENTS City Contract No.: C075-14 Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name): Sourcewell Item Description: Vac -Con truck and equipment Do you have an Interlocal agreement signed with the Contract (host) Agency? ® If yes, where is it filed: _Clerk's El If no, get a mutually signed Agreement in place before you continue. State OSP Contract No.#: Sourcewell #101221 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. Checklist for Re wired Compliance Is the Host agency a public agencyi? ® Yes ❑ No If Yes, what state laws apply to Host Agency: Minnesota Does the host agency have a requirement ® Yes ❑ No Federal and State contract rules usually don't to run a newspaper ad in their local paper require a newspaper ad. For others, attach the and did they comply ad or place into the file Did they list on the public agency's ❑X Yes ❑ No If Yes, state when and the address, and proof website? of date, address shall be attached or placed into the file. If No, you cannot use the bid. Did the bid & award comply with the ❑x Yes ❑ No If Yes, obtain documentation to support answer Host agency's state procurement laws? from Host Agency. If No, you cannot use the bid. 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 23 of 358 Back to Agenda ;0 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4E Subject: Adoption of a Resolution Approving the Purchase of Materials to Construct Electric Vehicle Charging Stations for the Citv's Fleet of Electric Vehicles Meeting Date: May 9, 2023 Prepared by: Tony Lang Public Works Director Atty Routing No. Atty Review Date 366922-0009 May 4, 2023 Summary: In an effort to lessen the City's carbon footprint, as older vehicles in the City's fleet age out of useful condition, the City has chosen —whenever feasible —to purchase Electric Vehicles (EV) for the fleet. The growing EV fleet requires charging stations to ensure the vehicles are continuously charged and ready for service. The EV Charging Station project (the "Project") will be designed and constructed by Public Works Staff and located at the Public Works Shop facility. Consistent with the City Procurement policies, adopted as Resolution 036-22, as amended, Public Works staff provided a materials list and requested quotes from three (3) vendors for the materials to construct the project. Three (3) quotes for the Charging Station Project material list were received. North Coast Electric provided the best price for the materials required for the project in the amount of $53,734.63 (applicable tax included). The proposed purchase, inclusive of estimated labor, is within 2023-2024 Biennial Budget authority. The City Council has approved procurement policies which require City Council authorization for purchases costing $35,000 or more. The quote attached as Exhibit A is for the purchase of materials in an amount that exceeds the $35,000 authorization limit. 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. Recommendation: Staff recommends adopting a Resolution to purchase materials in the amount of $53,734.63 (applicable WSST included) from North Coast Electric for the EV Charging Station Project. Relationship to Comprehensive Plan: Chapter 9- Capital Facilities Motion for consideration: I move to adopt a Resolution approving the purchase of materials for the EV Charging Station Project in the amount of $53,734.63. Fiscal Impact: The EV Charging Station Project is included in the 2023-2024 Biennial budget. (GL Codes: 302.05.594.16.60, 411.05.594.34.30, 421.05.594.31.60 and 431.05.594.35.60) Alternatives: Do not approve the resolution and provide alternative guidance. Attachments: Resolution Exhibit A- Vendor quote Page 24 of 358 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF MATERIALS TO CONSTRUCT ELECTRIC VEHICLE CHARGING STATIONS FOR THE CITY'S FLEET OF ELECTRIC VEHICLES AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, to lessen the City's carbon footprint, as older vehicles in the City's fleet age out the City has chosen, whenever feasible, to purchase Electric Vehicles (EV) for the fleet; and WHEREAS, the growing EV fleet requires charging stations to ensure the vehicles are continuously charged and ready for service; and WHEREAS, the EV Charging Station project (the "Project"), will be designed and constructed by Public Works Staff and located at the Public Works Shop facility; and WHEREAS, consistent with the City procurement policies, adopted as Resolution 036-22, as amended, Public Works staff prepared a materials list and requested quotes from three (3) vendors for the materials to construct the project; and WHEREAS, three (3) quotes for the Charging Station Project material list were received, and WHEREAS, on March 30, 2023, North Coast Electric provided the best price for the materials required for the project in the amount of $53,734.63 (applicable tax included); and WHEREAS, funding for this project was authorized during the 2023-2024 Biennial Budget process; and WHEREAS, the proposed purchase is within budgeted authority; and WHEREAS, the City Council has approved procurement policies which require City Council authorization for purchasing items costing $35,000 or more; and WHEREAS, North Coast Electric's quote attached as Exhibit A is for the purchase of materials in an amount that exceeds the $35,000 authorization 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, Page 25 of 358 Back to Agenda Resolution No. _ Page 2of2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES 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 the materials listed in the document attached hereto in Exhibit A. The Mayor or his designee is authorized to take all actions consistent with this authorization to effectuate this purchase. 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 9th day of May 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 26 of 358 CMNorth Coast A Sonepar Company Back to Agenda Quotation 239 Bruenn Ave BREMERTON WA 98312-3107 360-479-5425 Fax 360-479-8470 QUOTE TO: CITY OF PORT ORCHARD 216 PROSPECT ST. PORT ORCHARD, WA 98366 ................' . :;:QFIaF! :DAYS . ...................... 03/30/23 S012503866 ORDER TO: ............ 117 NORTH COAST ELECTRIC 239 Bruenn Ave BREMERTON WA 98312-3107 1 of6 360-479-5425 Fax 360-479-8470 SHIP TO: CITY OF PORT ORCHARD 1535 VIVIAN CT. PORT ORCHARD, WA 98367-6400 ....................................................... ..... NQ::•'•'•'• • ................... R•:•'. •'•'•'•'•'•'•'. ..................................... ' ...............:•'•'•'•'•'•'•'. •'•'•' ................................................ " .......... SON:.;................. . 88290 EV CHARGING SERVICE 117 HOUSE �tRt t�:::'..:............. k� :l� +:::..... :: R ::'...:............:.... ;.�RR� L•R�t Lito Bocanegra Net No ..................................................................................................... SAtDEN:1?T�C.;:.... : DESCR£Pi�DN:.:..:.•.•.•.•:.•.•.•.•:.•.•:.•.•.•.•:.•.•.•.•:.•.•:.•.•.•.•..• ......................................... : N�i:f?t'C.;.....:.. : ********* Shipping Instructions ********** * Contact: Mike Deline (360) 536-8330 ****************************************** 2ea HAM SG3N0075LE D16 SNTL-G3 1PH 3333.23/e 6666.46 75KVA 240X480-120/240V AL 60HZ 150C 3R lea MILB CT364811-HC llX36X48 HNG ENCL 849.95/e 849.95 lea MILB UC3433-XL 20A 13MTR SKT 355.32/e 355.32 lea MILB K4722 600V ENCL MNTG RACK 474.38/e 474.38 lea SIEM HF365NRA HDSS FUS 3P4W 600V 2135.60/e 2135.60 400A N3R SERIES A 6ea MFZ TRS40OR 400A 600V RK5 TD FUSE 145.47/e 872.82 120FT PVC 1-1/2-IN-SCH-80-CONDUIT-10FT 387.10/c 464.52 *** SCHEDULE 80 *** 5ea PVC 1-1/2-IN-45D-SCH80-PLAIN 780.15/c 39.01 ELBOW PLAIN END Sea PVC 1-1/2-IN-90D-SCH80-PLAIN 842.56/c 75.83 ELBOW PLAIN END 6ea PVC 1-1/2-IN-END-BELL 321.91/c 19.31 6ea PVC-TA1-1/2-KIT TA-LN-PB 161.76/c 9.71 CONSISTS OF THE FOLLOWING ************** Kit Components *************** * 1 - PVC 1-1/2-IN-TERM-ADPT * 1 - BRDGPORT 105-S 1-1/2 STL CND LKNT * 1 - BRDGPORT 325 1-1/2 105D PLSTC BUSH ********************************************* 20ea PVC 1-1/2-IN-COND-CPLG 64.58/c 12.92 10OFT PVC 2-1/2-IN-SCH-80-CONDUIT-10FT 745.05/c 745.05 *** SCHEDULE 80 *** 5ea PVC 2-1/2-IN-90D-SCH80-BELLED 3207.99/c 160.40 ELBOW BELLED END *** Continued on Next Page *** Page 27 of 358 CMNorth Coast A Sonepar Company Back to Agenda Quotation 239 Bruenn Ave BREMERTON WA 98312-3107 360-479-5425 Fax 360-479-8470 QUOTE TO: CITY OF PORT ORCHARD 216 PROSPECT ST. PORT ORCHARD, WA 98366 ................' . :;:QFIaF! :DAYS . ...................... 03/30/23 S012503866 ORDER TO: ............ 117 NORTH COAST ELECTRIC 239 Bruenn Ave BREMERTON WA 98312-3107 2 of6 360-479-5425 Fax 360-479-8470 SHIP TO: CITY OF PORT ORCHARD 1535 VIVIAN CT. PORT ORCHARD, WA 98367-6400 ....................................................... ..... NQ::•'•'•'• • ................... R•:•'. •'•'•'•'•'•'•'. ..................................... ' ...............:•'•'•'•'•'•'•'. •'•'•' ................................................ " .......... SON:.;................. . 88290 EV CHARGING SERVICE 117 HOUSE �tRt t�:::'..:............. k� :l� +:::..... :: R ::'...:............:.... ;.�RR� L•R�t Lito Bocanegra Net No ..................................................................................................... SAtDEN:1?TC.;:.... : DESCR£Pi�DN:.:..:.•.•.•.•:.•.•.•.•:.•.•:.•.•.•.•:.•.•.•.•..•.•:.•.•.•.•..• ......................................... : Npi:£tC.;:....:.. : 5ea PVC-TA2-1/2-KIT TA-LN-PB 479.32/c 23.97 CONSISTS OF THE FOLLOWING ************** Kit Components *************** * 1 - PVC 2-1/2-IN-TERM-ADPT * 1 - BRDGPORT 107-S 2-1/2 STL CND LKNT * 1 - BRDGPORT 327 2-1/2 105D PLSTC BUSH ********************************************* 20ea PVC 2-1/2-IN-COND-CPLG 225.32/c 45.06 30OFT PVC 3/4-IN-SCH-80-CONDUIT-10FT 180.70/c 542.10 *** SCHEDULE 80 *** 2ea PVC 3-IN-END-BELL 499.40/c 9.99 16ea PVC-TA3-KIT TA-LN-PB 604.19/c 96.67 CONSISTS OF THE FOLLOWING ************** Kit Components *************** * 1 - PVC 3-IN-TERM-ADPT * 1 - BRDGPORT 108-S 31N STL CND LOCKNUT * 1 - BRDGPORT 328 3-IN 105D PLSTC BUSH ********************************************* 12ea PVC 3-IN-90D-SCH80-BELLED 3551.27/c 426.15 ELBOW BELLED END 26ea PVC 3-IN-COND-CPLG 241.51/c 62.79 4ea PVC CEMENT QT GRAY W/DAUBER 1384.91/c 55.40 LOW VOC 10ea B-LINE B2015PAZN 3" PIPE/CONDUIT 353.05/c 35.31 CLAMP, PRE-ASM, RIGID, 311, ZN PLTD 10ea B-LINE B2014PAZN 2 1/2" 322.57/c 32.26 PIPE/CONDUIT CLAMP, PRE-ASM, RIGID, 2 1/211, ZN PLTD 8ea B-LINE B2012PAZN 1 1/2" 255.85/c 20.47 PIPE/CONDUIT CLAMP, PRE-ASM, RIGID, 1 1/211, ZN PLTD *** Continued on Next Page *** Page 28 of 358 CMNorth Coast A Sonepar Company Back to Agenda Quotation 239 Bruenn Ave BREMERTON WA 98312-3107 360-479-5425 Fax 360-479-8470 QUOTE TO: CITY OF PORT ORCHARD 216 PROSPECT ST. PORT ORCHARD, WA 98366 ................' . :;:QFIaF! :DAYS . ...................... 03/30/23 S012503866 ORDER TO: ............ 117 NORTH COAST ELECTRIC 239 Bruenn Ave BREMERTON WA 98312-3107 3 of 6 360-479-5425 Fax 360-479-8470 SHIP TO: CITY OF PORT ORCHARD 1535 VIVIAN CT. PORT ORCHARD, WA 98367-6400 ....................................................... ..... NQ::•'•'•'• • ................... R•:•'. •'•'•'•'•'•'•'. ..................................... ' ...............:•'•'•'•'•'•'•'. •'•'•' ................................................ " .......... SON:.;................. . 88290 EV CHARGING SERVICE 117 HOUSE �tRt t�:::'..:............. k� :l� +:::..... :: R ::'...:............:.... ;.�RR� L•R�t Lito Bocanegra Net No ..................................................................................................... SAtDEN:QT�C.;:.... : DESCR£Pi�DN:.:..:.•.•.•.•:.•.•.•.•:.•.•:.•.•.•.•:.•.•.•.•.•.•.•:.•.•.•.•..• ......................................... : Npi:£tC.;:....:.. 130ft B-LINE B22SH-120GLV CHNL, 1 5/8" X 468.81/c 609.45 1 5/8", 9/16" X 1 1/8" S-HOLES, 12 GA, 120 2ea B-LINE B280SQZN POST BASE 1 5/8" X 4204.30/c 84.09 1 5/8" CHNL, 6" X 6" X 3 1/2" BAS 60ea B-LINE TN224ZN TWIRL -NUT, 1/4"-20 201.31/c 120.79 THREAD, 1/4" NUT 60ea B-LINE TN228ZN TWIRL -NUT, 3/8"-16 214.22/c 128.53 THREAD, 3/8" NUT 100ea CUL 55424J 3/8-16 X 1-1/2 HEX HEAD 27.54/c 27.54 BOLT Z 100ea CUL 55420J 3/8-16 X 1-1/4 HEX HEAD 26.47/c 26.47 BOLT Z 100ea CUL 40743J 3/8 X 1-1/4 FENDER 12.54/c 12.54 WASHER ZP 100ea CUL 40335J 3/8 FLAT CUT WASHER ZP 5.50/c 5.50 100ea BRDGPORT 100 3/8 STEEL LOCKNUT 68.85/c 68.85 100ea CUL 55024J 1/4-20 X 1-1/2 HEX HEAD 14.78/c 14.78 BOLT Z 100ea CUL 55020J 1/4-20 X 1-1/4 HEX HEAD 13.29/c 13.29 BOLT Z 100ea CUL 40725J 1/4 X 1-1/4 FENDER 9.31/c 9.31 WASHER ZP 100ea CUL 40325J 1/4 FLAT CUT WASHER ZP 3.26/c 3.26 WE DO NOT STOCK 1/4-IN LOCKNUTS 5ea GRN DTAP3/8-16 3/8-16 DRILL/TAP 9.36/e 46.80 LIKELY SUBJECT TO TAX 5ea GRN DTAP1/4-20 DRILL/TAP,1/4-20 8.72/e 43.60 LIKELY SUBJECT TO TAX lea CRC 14050 160Z CUTTING OIL 10.11/e 10.11 WE DO NOT STOCK THE GREASE. *** Continued on Next Page *** Page 29 of 358 CMNorth Coast A Sonepar Company Back to Agenda Quotation 239 Bruenn Ave BREMERTON WA 98312-3107 360-479-5425 Fax 360-479-8470 QUOTE TO: CITY OF PORT ORCHARD 216 PROSPECT ST. PORT ORCHARD, WA 98366 ................' . :;:QFIaF! :DAYS . ...................... 03/30/23 S012503866 ORDER TO: ............ 117 NORTH COAST ELECTRIC 239 Bruenn Ave BREMERTON WA 98312-3107 4 of 6 360-479-5425 Fax 360-479-8470 SHIP TO: CITY OF PORT ORCHARD 1535 VIVIAN CT. PORT ORCHARD, WA 98367-6400 ....................................................... ..... NQ::•'•'•'• • ................... R•:•'. •'•'•'•'•'•'•'. ..................................... ' ...............:•'•'•'•'•'•'•'. •'•'•' ................................................ " .......... SON:.;................. . 88290 EV CHARGING SERVICE 117 HOUSE �tRt t�:::'..:............. k� :l� +:::..... :: R ::'...:............:.... ;.�RR� L•R�t Lito Bocanegra Net No ..................................................................................................... SAtDEN:1?T�C :::: : DESCR£Pi�DN:.:..:.•.•.•.•:.•.•.•.•:.•.•:.•.•.•.•:.•.•.•.•.•.•.•:.•.•.•.•..• ......................................... : Npi:£tC.;:....:.. : 4ea ERC 615880 5/8X8FT CU GROUND ROD 17.98/e 71.92 6ea ERC CP58 GRD ROD CLAMP,SIL BRZ,STD 2.65/e 15.90 4ea FOGTITE SP-1 GROUND ROD WELL 150.68/e 602.72 280ft WIRE XHHW-4/0-BRN-I9STR-CU-CUT REEL 5277.97/m 1477.83 Cut Ticket Comment Cuts: 2 @ 140 ft 280ft WIRE XHHW-4/0-ORN-I9STR-CU-CUT REEL 5653.12/m 1582.87 Cut Ticket Comment Cuts: 2 @ 140 ft 280ft WIRE XHHW-4/0-YEL-I9STR-CU-CUT REEL 5653.12/m 1582.87 Cut Ticket Comment Cuts: 2 @ 140 ft 280ft WIRE XHHW-4/0-GRY-I9STR-CU-CUT REEL 5653.12/m 1582.87 Cut Ticket Comment Cuts: 2 @ 140 ft 120ft WIRE THHN-4/0-BRN-I9STR-CU-CUT REEL 4908.09/m 588.97 Cut Ticket Comment Cuts: 2 @ 60 ft 120ft WIRE THHN-4/0-ORN-I9STR-CU-CUT REEL 4908.09/m 588.97 Cut Ticket Comment Cuts: 2 @ 60 ft 120ft WIRE THHN-4/0-YEL-I9STR-CU-CUT REEL 4908.09/m 588.97 Cut Ticket Comment Cuts: 2 @ 60 ft 120ft WIRE THHN-4/0-GRY-I9STR-CU-CUT REEL 4908.09/m 588.97 Cut Ticket Comment Cuts: 2 @ 60 ft 60ft WIRE THHN-I-BRN-I9STR-CU-CUT REEL 2065.80/m 123.95 Cut Ticket Comment Cuts: 1 @ 60 ft 60ft WIRE THHN-I-ORN-I9STR-CU-CUT REEL 2065.80/m 123.95 *** Continued on Next Page *** Page 30 of 358 CMNorth Coast A Sonepar Company Back to Agenda Quotation 239 Bruenn Ave BREMERTON WA 98312-3107 360-479-5425 Fax 360-479-8470 QUOTE TO: CITY OF PORT ORCHARD 216 PROSPECT ST. PORT ORCHARD, WA 98366 ................' . :;:QFIaF! :DAYS . ...................... 03/30/23 S012503866 ORDER TO: ............ 117 NORTH COAST ELECTRIC 239 Bruenn Ave BREMERTON WA 98312-3107 5 of 6 360-479-5425 Fax 360-479-8470 SHIP TO: CITY OF PORT ORCHARD 1535 VIVIAN CT. PORT ORCHARD, WA 98367-6400 ....................................................... ..... NQ::•'•'•'• • ................... R•:•'. •'•'•'•'•'•'•'. ..................................... ' ...............:•'•'•'•'•'•'•'. •'•'•' ................................................ " .......... SON:.;................. . 88290 EV CHARGING SERVICE 117 HOUSE �tRt t�:::'..:............. k� :l� +:::..... :: R ::'...:............:.... ;.�RR� L•R�t Lito Bocanegra Net No ..................................................................................................... SAtDEN:1?T�C.;:.... : DESCR£Pi�DN:.:..:.•.•.•.•:.•.•.•.•:.•.•:.•.•.•.•:.•.•.•.•.•.•.•:.•.•.•.•..• ......................................... : N�i:f?t'C.;.....:.. : Cut Ticket Comment Cuts: 1 @ 60 ft 60ft WIRE THHN-I-YEL-I9STR-CU-CUT REEL 2065.80/m 123.95 Cut Ticket Comment Cuts: 1 @ 60 ft 60ft WIRE THHN-I-GRY-I9STR-CU-CUT REEL 2065.80/M 123.95 Cut Ticket Comment Cuts: 1 @ 60 ft 60ft WIRE THHN-250-BLK-37STR-CU-CUT REEL 5687.24/m 341.23 Cut Ticket Comment Cuts: 1 @ 60 ft 60ft WIRE THHN-250-RED-37STR-CU-CUT REEL 5687.24/m 341.23 Cut Ticket Comment Cuts: 1 @ 60 ft 60ft WIRE THHN-250-WHT-37STR-CU-CUT REEL 5687.24/m 341.23 Cut Ticket Comment Cuts: 1 @ 60 ft 500ft WIRE XHHW-6-BLK-7STR-CU-CUT REEL 899.36/m 449.68 Cut Ticket Comment Cuts: 1 @ 500 ft 500ft WIRE XHHW-6-RED-7STR-CU-CUT REEL 899.36/m 449.68 Cut Ticket Comment Cuts: 1 @ 500 ft 500ft WIRE XHHW-6-GRN-7STR-CU-CUT REEL 899.36/m 449.68 Cut Ticket Comment Cuts: 1 @ 500 ft 200ft WIRE THHN-2-GRN-I9STR-CU-CUT REEL 1897.87/m 379.57 Cut Ticket Comment Cuts: 1 @ 200 ft 100ft WIRE BARE-SD-6-SOL-CU-CUT REEL 656.04/m 65.60 Cut Ticket Comment *** Continued on Next Page *** Page 31 of 358 CMNorth Coast A Sonepar Company Back to Agenda Quotation 239 Bruenn Ave BREMERTON WA 98312-3107 360-479-5425 Fax 360-479-8470 QUOTE TO: CITY OF PORT ORCHARD 216 PROSPECT ST. PORT ORCHARD, WA 98366 ................' . :;:QFIaF! :DAYS . ...................... 03/30/23 S012503866 ORDER TO: ............ 117 NORTH COAST ELECTRIC 239 Bruenn Ave BREMERTON WA 98312-3107 6 of 6 360-479-5425 Fax 360-479-8470 SHIP TO: CITY OF PORT ORCHARD 1535 VIVIAN CT. PORT ORCHARD, WA 98367-6400 ....................................................... ..... NQ::•'•'•'• • ................... R•:•'. •'•'•'•'•'•'•'. ..................................... ' ...............:•'•'•'•'•'•'•'. •'•'•' ................................................ " .......... SON:.;................. . 88290 EV CHARGING SERVICE 117 HOUSE �tRt t�:::'..:............. k� :l� +:::..... :: R ::'...:............:.... ;.�RR� L•R�t Lito Bocanegra Net No ..................................................................................................... SAtDEN:1?T�C ::.;.;.. : DESCR£Pi�DN:.:..:.•.•.•.•:.•.•.•.•:.•.•:.•.•.•.•:.•.•.•.•.•.•.•:.•.•.•.•.. ......................................... : Npi:f?t'C.;.....:.. : Ei�t :P.r'E : ' ' ' ' Cuts: 1 @ 100 ft lea LOT SIEMENS 17403.00/e 17403.00 lea LOT CROUSE-HINDS PRODUCTS 3716.60/1 3716.60 PM2CO4001703N3RPS TAXES NOT INCLUDED This quote is conditioned on buyer's acceptance of Subtotal 49162.52 [forth Coast Electric Company's Standard Terms and S&H Chgs 0.00 Conditions Applying to all Sales set out in form NCO55 available at https://www.northcoastelectric.com/ TermsandConditions or upon request. Total 49162.52 9.3% WSST 4572.11 Page 32 of 358 TOTAL 53,764.63 Back to Agenda IV OR ER&R Replacement or Addition Purchase Request RCW 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Description of item: Proline H800 Mower w/ Hi -Lift dump Procurement method: Sourcewel I Department Water Sewer Storm Street Public Works DCD Police Admin x Addition or Replacement Addition to Fleet - Please state business case for addition: Replacement Vehicle / Equipment being replaced: 1025 - Kubota Riding mower x Fleet Standardization Requested Vehicle / Equipment follows fleet standardization Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are not fleet standard and reason for addition. Page 33 of 358 Back to Agenda X Requested Vehicle / Equipment does not have a standard Cost $42,627.00 Fleet standard cost 42,627.00 Additional cost for consideration and business case: setup- $859.33, delivery- $859.33, Debris suppression kit- $340.14 TOTAL $44,685.80 - tax included $2,058.80 STANDARDS FOR VEHICLES Police Department Standard Vehicle Model Chassis Drive Train Color Graphics Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2 Ton Regular Automatic White City Logo Lights 3/4 Ton Extended 2WD Truck Number Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Planning Standard Vehicle Tvpe Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD I have reviewed the vehicles / equipment listed above and request approval for purchase. Ct,- T.- Department Director 4/28/2023 Date Page 34 of 358 Back to Agenda Approved for purchase by: Gretchen Isaksson 4/27/23 ER&R Representative Date Page 35 of 358 jenda 04/17/2023 NEW SOURCEWELL SINGLE ENGINE COMBINATION JETNACUUM SEWER CLEANER Sourcewell Contract: 101221-VAC Customer: CITY OF PORT ORCHARD PUBLIC WORKS Shipping: WASHINGTON Requirement Specification Combination jet/vacuum sewer cleaner with all standard equipment V311HEN/1000 L H A -P Sourcewell discount 11 Yard debris body Freightliner model 114SD chassis with a 475 HP Cummins X12 Engine, Allison 350ORDS Transmission *Special Order Chassis Body mounting on Chassis 10" Aluminum telescoping boom with pendant control station Front mounted articulating hose reel, 600' (1 ") Capacity, articulating to drivers side 600' x 3/4" Jet rodder hose 50 GPM @ 3000 PSI Giant water system 1000 Gallon polyethylene water tank capacity with 10 year warranty 6" Knife valve with center post and handle A Flat style rear door in lieu of dome style door including hydraulic opener Built in body prop Debris tank drain screen placement Electric vibrator Rear splash shield - rear flange mounted Rubber pad on standard deflector Screen assembly over drain port in debris tank Page 36 of 358 Page 1 of 3 Back to Agenda 1 /4 Turn ball valve water drain 50' capacity retractable hand gun hose reel Air purge system Centrifugal compressor fan flush out system Debris body "Power Flush" system, 8 jets Hydro -excavation package Variable flow valve Water pump remote oil drain Power guide "Reel Power" level wind guide Behind cab boom support Cone rack, hinges style/deck Long handle storage placement - mounted in storage box under shelf Rear mounted tow hooks Remote boom grease zerk assembly Remote debris tank grease zerk assembly Tungsten infused carbide boom elbow and reducer LED 4 Strobes (2) front bumper, (2) rear bumper LED Boom mounted flood lights with limb guard LED Flood light - Level wind guide LED Mid body flood lights with guards LED Rear mounted flood lights with limb guards Two LED Strobes with limb guards, rear debris tank mounted Two Mirror mounted LED strobe light with limb guard Front hose reel camera placement Low water alarm with light Page 37 of 358 Page 2 of 3 Requirement Specification 13acK tO Agenda Omnibus Precision Power System Rear camera placement Wireless remote control Traffic camera with color monitor High -Pressure hand wand 5 1 " x'h" stainless steel, pistol grip handle with adjustable handle Hydro-X Lance Assembly Two High Pressure "Tommy Gun Style" HP wash down gun - ECE to Provide Paper Vac -Con Manual Two 3/4" x 15' Length Leader Hose Additional pipe rack Lazy Susan pipe rack Storage box behind cab 16" x 42" x 96" Vac -Con unit painted: Elite Pepsi Blue Safety Striping package - Green Local dealer pre delivery and inspection Delivery to customer facility Additional discount offered by local dealer TOTAL PRICE OFFERED TO SOURCEWELL MEMBER $544,758.64 Sales Tax - 9.3% $50,662.55 Vehicle Use Tax - 0.3% $1,634.28 Transfer Fee - $175.00 $175.00 TOTAL PRICE OFFERED TO SOURCEWELL MEMBER INCLUDING TAX $597,230.47 Delivery is Days after receipt of order. SOURCEWELL CONTRACT NO 101221-VAC VENDOR/CONTRACT HOLDER: VAC -CON, INC. 969 HALL PARK RD GREEN COVE SPRINGS, FL 32043 CONTACT: M.J. DUBOIS EMAIL: MJDUBOIS(u,DUCOLLC.COM PHONE: 410-924-1004 THIS QUOTE IS VALID FOR (30) DAYS FROM THE DATE OF QUOTATION Page 38 of 358 Page 3 of 3 Back to Agenda ORCHARD City of Port Orchard: City Council Strategic Planning Session Summary April 14, 2023 1 9:00 a.m. — 2:00 p.m. I Port Orchard City Hall Purpose: The 2023 strategic planning session will focus on prioritizing budget amendments for the 2022-2023 budget. Welcome Sophie Glass, facilitator, welcomed the City Council and Mayor Putaansuu to their 2023 strategic planning session. Below is a list of City Council members in attendance: • Shawn Cucciardi • Cindy Lucarelli • Jay Rosapepe • • Scott Diener • • John Clauson Presentation by the Mayor Fred Chang Mark Trenary (Mayor Pro-Tem) Mayor Rob Putaansuu provided updates on the recent accomplishments and current activities within the City, as described below: • State of the City: Port Orchard's 2022 accomplishments and current work efforts. See Attachment A. • Capital Projects: status of and funding for Port Orchard's capital projects. See Attachment B. • Sales Tax Collections: information regarding sales tax collection within Port Orchard. See Attachment C. • Guiding Principles Placard: a draft design of the placard with guiding principles for the Council Chambers. See Attachment D. • Permanent Supportive Housing Plans: draft architectural drawings of the 22 Riverstone house. See Attachment E. Midyear Review: Brainstorm Mayor Putaansuu reviewed the capital projects and personnel requests as part of the midyear review. See Attachment F. The Council discussed these requests and prioritized the results, as described in the section below. Capital Projects High Priority • Fully fund street paving • Reserve and set aside funds for the 2025/2026 Bay Street Construction Project • Orchard Street Plaza Design - $140K from park impact fees — Fund when available 1 Page 39 of 358 Back to Agenda ORCHARD • Givens Sports Court - RCO grant & Rotary funded — Cost overruns funded by city • Key Card Project - $11 K Department of Community Development proceed now - $44K for City Hall include in remodel project • LEED Commissioning Consultant - $6.7K now & $46.7K during construction • Elements of 2nd Sidney Force Main — Find funding as needed Mid -Priority • N/A Low Priority • Public Works Shop Expansion • Fire District Property Purchase As a policy directive, the City Council emphasized the importance of finishing capital projects underway before initiating new efforts. Personnel Requests High priority • Assistant Planner to Environmental Planner — Proceed now • GIS Specialist to GIS Coordinator — Part of Salary Survey • HR Specialist to HR Analyst - Part of Salary Survey • Senior Planner to Principal Planner - Part of Salary Survey Mid -Priority • HART Coordinator — Develop job description and salary range as part of Salary Survey Low -Priority • Police Department Office Manager - Develop job description and salary range as part of Salary Survey • Public Works Office Assistant • Accounting Position • Police Officers • Public Information Consultant Contract Discussion of Community Needs The City Council held a discussion regarding the high-level needs within the community, and some associated projects or policies to meet those needs. 2 Page 40 of 358 Back to Agenda 1Oh4 ORCHARD High -Level Needs Associated Pro Improve transportation (including traffic) • Sedgwick Roundabouts • Signal improvements Dedicated taxes for transportation (e.g. transportation benefit district) Bike and pedestrian investments Infrastructure for water and utilities • Avoid burdensome rate increases Provide sufficient housing • Support subsidized housing Support for vulnerable populations • Mile Hill Shelter annexation • Site for safe parking • Site for tent cities • Also recognize the limits of the City's role as a social service provider Improve parks • Consider recreational facilities Enhance customer service • Make it easy for residents and businesses to get what they need from the City Improve safety • Address crime Wrap Up and Adjourn Mayor Putaansuu thanked the City Council for their excellent work. Councilmembers expressed appreciation for the collegial and supportive environment on the Council. The meeting was adjourned at approximately 7:40 PM. 3 Page 41 of 358 Back to Agenda ATTACHMENT A PR4CHARD Page 42 of 358 Back to Agenda Law Enforcement • Conducted a survey and heard that Law Enforcement & Crime reduction should be our highest priority. • Hired 6 new officers • Created a 51" Sergeant position to provide more oversite and supervision • Launched the police departments first independent social media site. • Identified, purchased & launched a body -worn camera program. • Supported the Marine Patrol unit to remove 35 derelict vessels from Sinclair inlet. • Two additional police officers added in the 2023 budget. Page 43 of 358 Back to Agenda \jv P�lic Page 44 of 358 Back to Agenda Comprehensive Planning • Completed our Comprehensive Park Plan & updated our Park Impact Fee Completed our water rate study changing to a consumption model Page 45 of 358 Back to Agenda Grants & Awards $1 million Federal Appropriation for Bay Street Design $2.2 million KRCC award for Bay Street reconstruction $500,000 State grant for shoreline restoration related to the Community Center Project $650,000 TIB grant for the Pottery pedestrian improvements at Cedar Heights Middle School $1.4 million Safe Routes to Schools award for Sidney Road at Sidney Glenn Elementary School $700,000 TIB award for the design of Tremont Phases II & III • $400,000 for pavement overlay of Old Clifton Rd Page 46 of 358 Back to Agenda Local Transportation Funding 0 1/101" sales tax measure passed for the design and construction of Bethel Rd Phase More than $1.3 million in funding for road preservation and maintenance Page 47 of 358 Back to Agenda 2023-2024 Budget CAPITAL NEW HIRES PAVING STREET/TRANSPORTATIN PRESERVATION Page 48 of 358 Back to Agenda Capital Construction Funds Budgeted for 2023-2024f""-'$41 million Capital Projects Parks & Facilities Capital Projects Transportation Capital Projects Water Capital Projects Storm Drainage Capital Projects Sewer Capital Projects Total Capital Projects n W1 0 2 5 � Funded � $2,1781400 $1213851700 $1013681700 $112001000 $1418321900 $40,965,700 Page 49 of 358 Back to Agenda Capital Highlights • $18 million Marina Pump Station Project • $3 million for the Bethel/Lincoln & Mitchel/Lincoln Round-Abouts • $7 million City Hall reskin and weatherization • $4 million Bay Street Pedestrian Pathway Phase II • $8.7 million Well #11 Construction • $2 million new water treatment system Well #7 • $650,000 modernization of sewer lift station controls • $500,000 Melcher water pumpstation rebuild • $500,000 new water pumpstation Sidney South Area Page 50 of 358 Back to Agenda Personnel Adjustments in 2023-2024 Public Works: Dept. of Community Development: Dept. of Community Development: Police: 1 FTE - Engineering 1 1 FTE - Code Enforcement 0.5 FTE - Office Assistant 2 FTE - Patrol Officers Page 51 of 358 Back to Agenda 2023-2024 Transportation Maintenance, Operations, Preservation Fund 002 $6.235 million Including -Pavement Preservation: Including -Lund Bridge Maintenance Including -Sidewalks, Traffic Control: $1.352 million+ $338k+ $210k+ Page 52 of 358 C)o Major Projects in Design Phase Bethel Phase Bay Street Reconstruction related to sea level rise Port Orchard Community Events Center Shoreline Restoration related to the Community Center Sewer improvements for Ruby Creek Sub Area II L r on w v 91 0 IBack to Agenda OPTION S •-� 75' SHORELINE �- .'_�•.__� SETBACK t� ......... .... .� SC-WR AND VVER LIW Mtr C! VL r� �f f a4 a Tye - BUILDING FOOTPRINT 1 • - MONUMENT LINE-PERCIVIL— - KILARD3. PAR TRANSFORMER ON _ s RPp. rFn REctraCrrL ' 200' SHORELINE SETBACK f� f Page 56 of 358 tv AN lip -dVP -dJJPP:.� m�'IA one + 0 P:-.- Qd -MONO-EM ! mew Kil -1 4M . Shoreline Improvements i O ervievv Back to Agenda waterfront gfornenocle retaining wall FIXTURE PORT ORCHARD COMMUN15-MEVENTS CENTER 20x40 tent outline railing with lighting building access 1,11`- - - Back to Agenda PORT OHICHARD YACM SA4FS V PORT OkCHAJRD BOAC LAUNCH tF PC) iz;--7-;k 0 ONCHIRD Givens Park Sport Court Re[-n-999P422-1588oev CONCEPTUAL Givens Park 1015 Tacoma Ave Port Orchard, WA 98366 0 50 100 ft Mayor Rob Putaansuu, President of the Association of Washington Cities. Executive Board Puget Sound Regional Council. Finance Director Noah Crocker, President of the Washington Public Treasures Association & Chair of the Association of Washington Cites Retro Advisory Committee. City Clerk Brandy Wallace, AWC- RMSA Operating Committee Police Chief Matt Brown, Chair, WASPC Professional Services Committee, Chair, Kitsap County Law Enforcement Executive Group, Executive Board, Kitsap Critical Incident Response Team, Executive Board, Kitsap Law & Justice Council. Planning Director Nick Bond, PSRC HR Director Debbie Lund, AWC Public Works Director Tony Lang, Regional Staff Committee Employee Benefits Advisory Solid Waste Advisory Committee. Committee Back to Agenda Page 62 of 358 ATTACHMENT B W Q O M Capital Projects Council Retreat 04 1402023 Note: This is not a financially constrained plan. This is intended to illustrate the project estimates and potential funding sources. Page 63 of 358 Community Events Center: Project Update Estimated Costs Category Expense Budget Miscellaneous $5,000 Property Purchase $2,5082073 RFM Contract (Design) $2,760,688 Construction $221826,239 Total Estimated $ 28,100,000 Expense Actuals $3, 997 $2,508,073 $1,293,577 $ 3, 805, 647 Remaining $1,003 $1, 467,111 $22, 826, 239 $ 24, 294, 3 5 3 rq k.-a Page 64 of 358 Source of Funds Cate ,o Budge Actuals Remaining Wic Facility District $123000,000 $1,976,199 $10,023,801 ;ity Funds (Fund 001) $1 293,901 $618,167 $675,734 Late Grant $1,211,280 $1,211,280 $- Pubf is Facility District Anticipated S6,546,000 S- $13,594,819 Library Antici ❑ted $3, 542, 410 $- $3, 542, 410 City Anticipated (Park f mpac t Fees) $3, 542, 410 $- $3, 542, 410 Total Estimated I $ 28,100, 000 1 $ 3, 80 5, 646 1 $ 24, 294, 3 54 Fiscal Period 2024 2023* 2022 Bud et $ 2,105, 500 $ 2,574,300 $ 40,000 Actuals 8212642 362,607 2021 $ 40, 000 $ 248,244 2020 $ 40 000 $ 172,268 2019 $ 40,000 $ 77,045 2018 $ 83,421 $ 887399 2017 $ 811979 $ 81, 979 2016 $ 38,000 $ 241,687 2015 $ 8,000 $ 42,985 Bay Street Pedestrian Pathway- $10.042 million: Project is completing the ROW Phase to acquire and then complete the construction of the Bay Street Pedestrian Pathway (Segment 1,6- 11). liiiiiii��ili� � ' - • - - _ ROW -Consulting Services $813,200 $573,200 $240,000 Approved ROW -Purchase $3,229,000 $3,110,000 $119,000 Remaining ROW Purchases —Est. $1,000,000 $0 $1,000,000 Construction $5,000,000 $0 $5,000,000 Total $10,042, 200 $ 3, 683, 200 $6, 359, 000 Page 67 of 358 W IT Sales Tax Collections Q Population 4.0 Summary of Budget to 2022 Actuals 2023 2024 Biennial Budget Actual 5,340,000 6,565.0001 6,895,000 13,460,000 7,783,763 1,914,119 1 - 1,914,119 Over/Under $ 2,443,763 1 $ (4,650,881) $ (6,895,000) $ (11,545,881) Actuals 2022 2023 2024 Biennial January $ 543,145 February 626,678 March 524,545 April 548,118 May 665,944 June 682,922 July 668,890 August 742,304 September 707,709 October 693,521 November 730,655 December 649.332 $ 656,711 684,990 572,419 1 $ 656,711 $ 684,990 $ 572,419 $ - $ - $ $ $ $ - $ - $ $ - Total 5 7.783,763 $ 1,914.119 $ - $ 17914,119 Percentage of Biennial m Budget Received 14% Actuals Year over Year % Change Change $ 113,566 20.91% $ 58,312 9.30% $ 47,874 9.13% $ 219,751 12.97% Real Estate Excise Tax (REET) Collections Summary of Budget to Actuals 2022 2023 2024 Biennial Budget $ 1,808,000 $ 800,000 $ 800,000 $ 1,600,000 Actual 1,945,903 377,088 - $ 377,088 Over/Under $ 137,903 1 $ (422.912) $ (800,000) $ (1,222,912) 4 r1R °.:. Actuals 2022 2023 2024 Biennial January $ 82,213 February 166,226 March 204,469 April 126,410 May 151,824 June 190,761 July 249,922 August 172,743 September 181,406 October 151,035 November 121,635 December 147,258 $ 81,265 137,211 158,612 $ 81,265 $ 137,211 $ 158,612 $ - $ - $ $ - $ - $ $ - $ $ - Total $ 1,945,903 $ 377,088 $ - $ 377,088 Percentage of Biennial Budget Received 24% Actuals Year over Year % Change Change $ (948) -1.15% $ (29,015) -17.46% $ (45,857) -22.43% $ (75,9211 -1 fi.74 Budget 2023 estimated Budget vs Actual % based on Syr avg (Over/Under) Over/Under $ 491,484 $ 165,226 33.6% $ 591,156 $ 93,834 15.9% $ 456,559 $ 115,860 25.4% $ 439,218 #VALUE! $ 543,259 #VALUE! $ 539,409 #VALUE! $ 582,239 #VALUE! $ 611,427 #VALUE! $ 587,557 #VALUE! $ 577,620 #VALUE! $ 600,359 #VALUE! $ 544.712 #VALUE! E$ 6.565.000 $ 374,920 24.36% Budget 2023 estimated Budget vs Actual % based on 5yr avg (Over/Under) Over/Under $ 40,204 $ 41,062 102.1% $ 61,301 $ 75,910 123.8% $ 67,397 $ 91,215 135.3% $ 59,145 #VALUE! $ 54,140 #VALUE! $ 69,833 #VALUE! $ 115,834 #VALUE! $ 66,740 #VALUE! $ 77,911 #VALUE! $ 64,260 #VALUE! $ 47,001 #VALUE! $ 76.232 #VALUE! $ 800,000 1 $ 208.187 ° Page 68 of 358 GUIDING PRINCIPLES The Mayor and City Councilmembers worked to develop the following four guiding questions to help assess priorities: • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity and inclusion? W 0) ATTACHMENT D Q O 26 Y V 4040LS m (V I I GARAGE o - 25'-0"n9 � i cV c`7 — — — 2668 — p f w HAI I m O ai N M 5068— v BEDROOM #1 CLOSET 7'�" X 2'-1" o j IE z U F�j in I LLLE- 14'-5 5116" - - 11'-b 11/16" 26 PRELIMINARY PLAN ENTRY LEVEL FOR STUDY ONLY 'N KEENAN DESIGN, INC. PROPOSED PLAN PAGE HOUSING KITSAP sa58CHICOWAY NW 598 SFLOT 22 RIVERSTONE pp (� BREM 0-"0-0 WA 98312 5 8 ❑ �] F 360-040-0813 l�lY bkeenarl1563(cDgmail_com OF FOUR W Q O 4.0 N in �11 N� PROPOSED PLAN PAGE , KEENAN DESIGN, INC. 5458 CHICO WAY NW HOUSING KITSAP 598 SF BREMERTON, WA 98312 360-440-0813 LOT 22 RIVERSTONE 588 SF 2 bkeenan1563(12gmafl com lG:� Page 71 of 358 F: = 14,94 SE OF FOUR 30' 0.-.T — — — — — m N CLOSET �� CLQSE.i ]DI u� - I ijrojn u RQ BATH #2 t, BEDROOM a a � n m —268� 2668— - � m HQI I 4'.2•• X 9•_1 c cf1 � f 4868 1 N m LAUNDRY ! in 4'-8^ X 2'-11" N � � 0 v OFFICE O v DN L 13'-8 1 /2" 9'-10 112" 30' SECOND LEVEL LEVEL Rl IF I M1l J N f I � - 1 n I I BEDROOM #3 `C3 L0 S[iFL CLOSET 5•_7" X 2'A" (V KEENAN DESIGN, INC. HOUSING KITSAP PROPOSED PLAN PAGE r l 5458 CHICO WAY NW KD BREMERTON, WA98312 360-440-0813 LOT 22 RIVERSTONE 598 SF 588 SF F7FR bkeenan15h3(cilgpail_com 9RR CF- IL�SL� CF OFFOLIR W Q 0 I� W I 1 S �17 IEl I i i i i KEENAN DESIGN, INC. HOUSING KITSAP PROPOSED PLAN PAGE 5458 CHICO WAY NW 598 SF BREMERTON, WA 98312 LOT 22 RIVERSTONE 4 360-"0-0813 588 SF l bkeenanl563ro)gmail.com Page 73 of 358 2RR -�F= OF FOUR ATTACHMENT E Back to Agenda Mayor's Budget - Mid -Year Review Highlights Mid -Year Review • Court Security — Not needed at this time. • City Hall Construction Funding (Spring 2023) — Currently out to bid. • Orchard Street Plaza Design — Consultant selection underway. • Public Works Shop Expansion — In house design is the first step. • SR166/Bay Street Construction — 2025/2026 Budget. Set money aside at mid -year? • Well #7 - Preconstruction loan pending - $7M total project cost • Water System Pipe Survey — Federally mandated lead service line survey. Staff time only. • Bay Street Lift Station — Pursuing grants and loans for preconstruction. • Fire District Property Purchase at McCormick Village Park — Property has little value. • Givens Sport Courts (RCO Grant -City Match) Rotary working to fund. • Elements of 2"d Sidney Force Main - Related to Pottery complete Street. • Key Card Entry 720 and additional Facilities — DCD $11K — City Hall $44K • LEED Certification for Community Center $229,800 — Contract Already Approved • LEED Commissioning Consultant $6.7K now - $46.7K during construction Personnel Requests • Police Officers — Chief believes the Office Manager is a bigger need. • Community Health Navigator— Redefine position similar to HART Coordinator. • Permit Center Overlap — 60 days of overlap for a retirement. • Public Works Office Assistant — Additional coverage provided by interns during the summer. • Accounting Position — Position needs to be better defined. • HR Specialist Promotion to HR Analysist — Promotion warranted. • Police Department Office Manager • Senior Planner Promotion to Principal Planner • Assistant Planner to Environmental Planner • GIS Specialist/Development Review to GIS Coordinator/Public Works Inspector. — Salary Survey • Public Information Consultant Contract —Additional funding may be needed. • Public Events Coordinator — After we open the Community Center 2027? • Safety Coordinator — Request from HR to reduce L&I claims & exposure — 2025/2026 • City Administrator — 2025/2026 Page 74 of 358 Back to Agenda City of Port Orchard 216 , Orchard, Prospect Street Port WA 98366 p 20� (360) 876-4407 • FAX (360) 895-9029 � Agenda Staff Report Agenda Item No.: Public Hearing 6A Subject: Blueberry Apartments Development Agreement for Traffic Impact Fee Credits Meeting Date: May 9, 2023 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: Development -Matter 11 Atty Review Date: March 30, 2023 Summary: The City has negotiated a development agreement for traffic impact fee credits with Blueberry Apartments QOZB, LLC. This agreement, if approved, would provide traffic impact fee credits to the developer of a 108-unit multifamily development located at the northwest corner of the intersection of SE Blueberry Rd and Bethel Rd SE (Blueberry Apartments) in exchange for the dedication of right-of-way for the future development of Bethel Road SE consistent with the adopted Bethel Sedgwick Corridor Plan. The Blueberry Apartments development consists of 108 multifamily units in six buildings with associated off- street parking and amenities. The Development Agreement applies to the property as described in Exhibit A and identified in Exhibit B. The developer shall dedicate the portion of the property identified in Exhibit C. but the final alignment of the dedication will be determined following the completion of the final design for the roadway project. The benefit the developer receives through this Development Agreement is relief from the minimum ground floor elevation required of apartment building in POMC 20.32.100. In this instance, the property's topography does not lend itself to providing the minimum ground floor elevation. However, the project still provides equal or better ground floor privacy for residents. The City and Blueberry Apartments QOZB, LLC have agreed to an estimated maximum traffic impact fee credit of $245,245.84 which will require payment at the time of building permit issuance. Blueberry Apartments QOZB, LLC will be required to pay all other related impact fees including park impact fees. Additionally, the developer is required to dedicate that portion of right-of-way for Bethel Rd SE prior to the issuance of any Certificate of Occupancy related to the development. POMC 20.26 (Development Agreements) outlines the process for development agreement approval. In this case, the application for the development agreement was filed by Blueberry Apartments QOZB, LLC on March 27, 2023. The City determined the application to be complete on March 31, 2023. The City of Port Orchard's SEPA Responsible Official issued a Mitigated Determination of Nonsignificance for the associated development on September 16, 2022, and the City advertised the May 9, 2023 Public Hearing on April 27, 2023 consistent with the requirements of Port Orchard Municipal Code 20.26.050. The Department of Community Development has not received any comments in response to the Notice of Hearing. Relationship to Comprehensive Plan: The Development Agreement includes Project 2.04A on the City impact fee schedule which is identified in the Bethel Sedgwick Corridor Plan as incorporated into the Transportation Element of the Comprehensive Plan. Page 75 of 358 Back to Agenda Public Hearing 6A Page 2 of 2 Recommendation: Staff recommends that the City Council hold a public hearing on the Blueberry Apartment development agreement for traffic impact fee credits. Fiscal Impact: The proposed agreement will result in the developer dedicating property necessary for the construction of Bethel Road SE as described in the Bethel Sedgwick Corridor Plan saving the city money for property acquisition and staff resources. Alternatives: Do not approve the Development Agreement; request changes to the Development Agreement. Attachments: Please see the following items as attached to the corresponding business item in the City Council packet for 5/9/23 (Business Item 813): Ordinance; Blueberry Apartments Development Agreement; Exhibits to Blueberry Apartments Development Agreement. Page 76 of 358 Back to Agenda rI.." I" W Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 8A Agenda Staff Report Subject: Adoption of an Ordinance Approving the Petition to Vacate City Right -of -Way, Meeting Date: May 9, 2023 Prepared by: Brandy Wallace, MMC City Clerk an Alley Commonly Known as Mystery Atty Routing No. Lane, and the Westerly Portion of Atty Review Date Harrison Avenue 366922-0005 April 6, 2023 Summary: On April 11, 2023, a public hearing was held to take testimony on whether the City Council should vacate City Right -of -Way (ROW), an alley commonly known as Mystery Lane and the westerly portion of Harrison Avenue, depicted as follows: The City received the petition for these Fra p4w.4 vacations from the owners of two of the parcels Alley Propoged that would benefit from these vacations: (1) `a`ad°" Harrrbon Virginia Anderson, owners of Parcel ""°°°" William and Vir g No. 4060-008-022-0105; and (2) Marcailla Barden, owner of Parcel No. 352401-1-004- Y LY 2000. Y The public hearing was closed, and Council moved to direct this item to a future council meeting agenda. The Petitioners submitted sworn statements of support from abutting property owners who would also benefit from the vacation of these areas. Consistent with the requirements of POMC Chapter 12.08, Staff has determined the following with regards to the proposed street vacation: The area sought to be vacated was added to the City by the Town Council, on April 6, 1891. To date the City has not opened the ROW. The City Engineer has reviewed the street vacation petition and has indicated the following: Page 77 of 358 Back to Agenda Business Item 8A Page 2 of 2 1. The area sought to be vacated is not needed for public travel now or in the foreseeable future. 2. The functionality of the area sought to be vacated for public purposes is nonexistent. 3. The vacation of the area would not adversely affect any City utilities, such as water, sewer, or storm. 4. The City has not included any projects within the proposed vacation area as part of its six -year road plan, nor has the City any scheduled capital facilities projects on this property. The Community Development Director stated the following: 1. Vacation of the proposed area does not create potential or actual land uses that are inconsistent with City growth plans and goals. This area has not been identified in the City's Comprehensive Plan. The Petitioners, represented by legal counsel, have requested a waiver of the City's requirement to pay an amount not to exceed the appraised value of the area to be vacated prior to the vacation. The bases for the request are stated in the letter of support submitted by Petitioners' legal counsel. POMC 12.08.050 makes the payment of compensation a mandatory requirement. If the City Council desired to waive the compensation requirement, staff would need to prepare an ordinance amending POMC 12.08.050 to allow for a modification to that code section. Recommendation: Based on the report provided to the Council, staff recommends approving the street vacation petitions, as presented. Motion for consideration: I move to adopt an Ordinance, vacating the City's right-of-way, an alley commonly known as Mystery Lane and the westerly portion of Harrison Avenue, as presented. Fiscal Impact: To be determined. Alternatives: Deny the street vacation based on the need of the City. Attachments: Ordinance Petition and Supporting Documents Kitsap Law Group Letter of Support RESOLVE Appraisal Page 78 of 358 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING A PORTION OF HARRISON AVENUE, UNOPENED CITY RIGHT- OF-WAY AN ALLEY COMMONLY KNOWN AS MYSTERY LANE AND THE WESTERLY PORTION OF HARRISON AVENUE IN PORT ORCHARD, WASHINGTON; ESTABLISHING THE CONDITIONS OF SUCH VACATION; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, associated petitions to vacate City right-of-way (ROW), an alley commonly known as Mystery Lane and the westerly portion of Harrison Avenue, was submitted to the City by William C. and Virginia Anderson, owners of 812 Mystery Lane Street, Kitsap County Tax Parcel No. 4060-008-022-0105 and Macailla Barden, owner of 1145 Sidney Avenue, Kitsap County Tax Parcel No. 352401-1-004-2000 ("Petitioners"); and WHEREAS, the Petitioners sought signatures to join the petition by adjoining property owners, which collectively represent the owners of more than two thirds of the abutting property, and all have signed and are in support of the petition; and WHEREAS, on March 14, 2023, the City Council adopted Resolution No. 025-23, fixing April 11, 2023, as the date for a public hearing on the street vacation petition, which is not more than 60 days or less than 20 days after passage of the Resolution (POMC Section 12.08.010(3) and RCW 35.79); and WHEREAS, the City Clerk provided public notice of the pending street vacation petition and public hearing thereon as required by law (POMC Section 12.08.020(1) and RCW 35.79); and WHEREAS, staff reviewed the petition and, in light of the provisions of POMC chapter 12.08.060, determined this proposed street vacation is not subject to the 1889- 1890 Laws of Washington, Chapter 19, Section 32 (the nonuser statue) as it was part of the original creation of the City boundaries in 1890; and WHEREAS, the City Council held a public hearing on April 11, 2023, on the proposed street vacation; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non -user Statute. Under POMC Section 12.08.060(5), staff has determined the area proposed for vacation has not been vacated by lapse of time under the non -user statute. Page 79 of 358 Back to Agenda Ordinance No. Page 2 of 3 Section 2. Public Notice. The City Council finds that the City Clerk provided at least 20 days' and not more than 60 days' notice of the pendency of the street vacation petition and the public hearing thereon, as required by POMC Section 12.08.020 and RCW 35.79, including notice being posted on the street or alley sought to be vacated. Section 3. Staff Report. Staff has prepared a report and recommendation on the proposed vacation, which is dated April 11, 2023. A copy of this report was available to the public prior to the public hearing. Section 4. Public Hearing. The public hearing was held on the petition for street vacation on April 11. 2023. Section S. Testimony at Public Hearing. The Public Hearing was held and no one from the public commented on this street vacation. Section 6. City Council Findings. After hearing the testimony of the public, if any, and considering the staff report and all other relevant facts, the City Council finds as follows: a. The area sought to be vacated was added to the City by the Town Council, on April 6, 1891. To date the City has not opened the ROW. b. The area sought to be vacated is not needed for public travel now or in the foreseeable future. c. The functionality of the area sought to be vacated for public purposes is nonexistent. d. The vacation of the area would not adversely affect any City utilities, such as water, sewer, or storm. e. The City has not included any projects within the proposed vacation area as part of its six -year road plan, nor has the City any scheduled capital facilities projects on this property. f. Vacation of the proposed area does not create potential or actual land uses that are inconsistent with City growth plans and goals. This area has not been identified in the City's Comprehensive Plan. Section 7. City Council Conclusions. The City Council has determined that the area proposed for vacation may be vacated and hereby approves the street vacation petition. Section 8. Compensation and Recording. A certified copy of this Ordinance vacating the proposed area shall be recorded by the City Clerk with the Kitsap County Auditor's office, as required by RCW 35.79.030, upon receipt by the City of compensation from property owners adjacent to the area to be vacated in an amount which does not exceed the full appraised value of the area so vacated. Page 80 of 358 Back to Agenda Ordinance No. Page 3 of 3 Section 9. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 10. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 11. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 9th day of May 2023. Robert Putaansuu, Mayor r_llar*" Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 81 of 358 Back to Agenda 1UTSAP Law GROUP 3212 NW Byron Street #101 • Silverdale, WA 98383 Telephone (360) 692-6415 • Fax (360) 692-1257 www.kitsaplawgroup.com January 23, 2023 City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Petition to Vacate City Right -of -Way Application Block 8, Sweany's Second Addition Greetings: William H. Broughton David P. Horton David A. Weibel John R.Brennan Jay T. Dutcher Ronald C. Templeton — retired REC,FI p JAN 3 0 2J23 CITY OF PokT Crr1' CLEa,, R C CR D On behalf of William C. Anderson, Virginia Anderson and Macailla Barden, we are submitting the enclosed Petition to Vacate City Right of Way, together with the following documents: • Map of the area to be vacated, with dimensions and new legal descriptions; • Summary Appraisal Report by Anthony Gibbons; • Support for Vacation of Right -of -Way Petition by Abutting Property Owners; • Application processing fee of $120; • The appraisal fee of $500 is requested to be waived in light the Gibbons' Appraisal. To give full consideration of the merits of this application, as well as the Petitioner's request that the City of Port Orchard not require payment of compensation in connection with this Petition, some background is in order. The neighborhood subject to this Petition has long been known by local surveyors, the City of Port Orchard and the Kitsap County Assessor's office to have boundary line problems. A simple review of the Kitsap County Assessor's website depicts property lines running through many of these property owners' residences. Most recently, these problems manifested themselves in the lawsuit brought by Ms. Ann Wiggins under Kitsap County Superior Court Case No. 19-2-00985-18 to quiet title to the "use and occupancy lines" of her home, which deviated from the legal description of her property in her deed. In this lawsuit, three neighbors to Ms. Wiggins and the City of Port Orchard were brought in as defendants. In addition to these neighbors and the City, three different title insurance companies, and several local surveyors, including Lyle "Reed" Mueller, Fred Kegel, Steve Ottmar and Dan Johnson have become involved to find a solution to this problem. In the Wiggins lawsuit, the parties worked together to resolve her boundary line problems by order entered in February 2020. But in doing so, all involved quickly became aware there was a larger problem that needed to be dealt with. Should this problem continue to be ignored, we would expect the City and these Page 82 of 358 Back to Agenda January 25, 2023 2 1 P a g e neighbors to repeatedly be brought into further litigation in the years to come. Rather than waiting for the next lawsuit to be filed, First American Title Insurance Company, Fidelity National Title Insurance Company and the affected neighbors have chosen to proactively work together to resolve this problem by virtue of a boundary line agreement provided for under RCW 58.04.007. It is our sincere hope that the City both appreciates and will cooperate with this effort as well. As part of this process, surveyors Reed Mueller, Fred Kegel and Steve Ottmar researched the underlying problem and then proceeded to mark out the "use and occupancy lines" for each affected property owner. Understanding the underlying boundary line problem necessarily begins in 1890, shortly after the establishment of Sidney (now the City of Port Orchard) when there were several subdivision plats established within Section 35, Township 24 North, Range 1 East, W.M., including the plat of Sweany's Second Addition to Sidney (the "Plat") that was recorded in 1891. From the early 1900s to the 1950s, surveys of this area were generally consistent. However, more recent surveys, i.e., 1980-2000s, have not honored the historic layout of the area. Rather, they have relied upon a section subdivision breakdown, dividing the section using measured dimensions to accepted existing perimeter section control monuments, resulting in the property line "chaos" that is readily apparent in the Kitsap County Assessor's aerial photographs of these properties. In February 2021, surveyor Fred Kegel with N.L. Olson & Associates, Inc. completed the necessary field and drafting work to complete a preliminary survey drawing of the affected properties. The "use and occupancy lines" were then staked so each owner could see where their proposed property lines would be located. However, this survey work also disclosed that there is an unopened alley and a portion of a street (Harrison Street) dedicated under the original 1891 Sweany's Second Addition to Sidney Plat that are being used and occupied by these residences and garages of these properties. Consequently, to fully resolve this problem a petition to vacate is required. In support of this Petition, we engaged the services of appraiser Anthony Gibbons, with RE- SOLVE, to complete an appraisal of the area to be vacated who determined its value to be $16,900. Port Orchard Municipal Code 12.08.050(1)(a) generally requires compensation be paid to the City for a vacated right of way in the amount of one-half of this value: (1) Ordinances vacating any street, alley, public place or portion thereof shall not be adopted by the city council until the owners of the property abutting such area shall compensate the city in the amount required by this section. (a) If the street, alley, public place or portion thereof has not been part of a dedicated public right-of-way for 25 years or more, or if the subject property to be vacated was not acquired at public expense, the owners of property abutting the street shall compensate the city in an amount that does not exceed one-half of the appraised value of the street. Page 83 of 358 Back to Agenda January 25, 2023 3 1 P a g e However, the compensation may be waived in the case of In -Lieu Transfers under POMC 12.08.050(2): (2) In -Lieu Transfers of Property. Conveyances of other property acceptable to the city may be made in lieu of the payment required by this section, whether required to mitigate adverse impacts of the vacation or otherwise. When such a transfer is proposed for street purposes, the value of the property (as determined in subsections (1)(a) through (c) of this section) shall be credited to the required payment. When the value of the in -lieu parcel is less than the payment required by subsection (1)(a) through (c) of this section, the petitioners shall pay the difference to the city. When the value of the in -lieu parcel exceeds the payment required by subsections (1)(a) through (c) of this section, the city shall pay the difference to the petitioner. In addition, the petitioner shall be responsible for all costs associated with this transfer, in the same manner as a property purchase, including but not limited to, title insurance, attorney review of the title, hazardous materials/waste testing, etc. If the Petition is approved, we will then take the final step in this process of completing a boundary line agreement and/or an agreed order to quiet title to these property line changes and to remove any cloud on title to these properties, which necessarily would include the City's ULID parcel no. 4060-008-037-0009. In the case of this parcel, Kitsap County Assessor's aerial photographs reflect that the property owner's home to the south is located within the City's parcel. Petitioners respectfully submit that this proposed neighborhood BLA essentially amounts to an in lieu transfer of property and so no compensation should be charged for the vacation. No compensation fee should be assessed also because, as a result of the considerable time, effort and resources already committed to this venture by Petitioners, the City stands to avoid repeated, expensive and time-consuming litigation over this issue for years to come. We are available, as needed, to answer questions or provide any additional information needed to process this petition. Very truly yours, KITSAP LAW GROUP FIDELITY NATIONAL LAW GROUP /s/David A. Weibel David A. Weibel Attorney for William & Virginia Anderson 3212 NW Byron St., Suite 101, Silverdale, WA 98393 Office: 360-692-6415 Email: clG�,,,eibel�it})kitsa law rrou p.cosn Cc: Charlotte A. Archer, City Attorney /s/Janis G. White Janis G. White Attorney for Macailla Barden Senior Trial Counsel, In -House Litigation 701 5t" Avenue, Suite 2710 Seattle, WA 98104 Office: (206) 224-6004 Email: Janis.Whitenahf.com Page 84 of 358 Back to Agenda OF EXHIBIT A SKETCH OF PROPOSED VACATION ALLEY IN BLOCK 8 AND PORTION OF HARRISON AVE. VACATE 7.50 FEET OF HARRISON AV VACATE PLAT ALLEY SCALE: 1 " = 100' PORTION OF ALLEY VACATED BY ORDINANCE NO. 010-08 AFN 200804040131 V Lom JOB NO.: 11367 �( LOT AREA OF VACATED PORTIONS: ALLEY — 505' x 17' = 8585 S.F.f HARRISON AVE. — 505' x 7.5' = 3787 S.F.f i=� N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360)895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 Page 85 of 358 Back to Agenda EXHIBIT B PORTION OF ALLEY TO BE VACATED ALL OF THE ALLEY LYING WITHIN BLOCK 8, SWEANEY'S SECOND ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. SAID ALLEY IS 17 FEET IN WIDTH, PER PLAT, AND ADJOINS LOTS 1-22 AND LOTS 42-23. NOTE: THIS VACATION SUPERCEDES AND REPLACES THE PREVIOUS VACATION OF ALLEY, AND IS TO CORRECT THE ALLEY WIDTH AS PREVIOUSLY NOTED IN CITY ORDINANCE 010-08, PER AFN 200804040131, WHICH IS IN ERROR. PORTION OF HARRISON AVENUE TO BE VACATED THE WEST 7.50 FEET OF THAT PORTION OF HARRISON AVENUE WHICH IS ADJOINING BLOCK 7 AND BLOCK 8 OF SWEANEY'S SECOND ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. FREDERICK A. KEGEL, P.L.S. 7 WASHINGTON STATE REGISTRATION NO. 14065 Page 86 of 358 Back to Agenda PARCEL OWNER TAX PARCFI NC) LFGAI nFSCRIPTinNi LOTS 1-3. INCLUSIVE, BLOCK a OF SWEANYS 2ND ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PACE 18. RECORDS OF A KITSAP COUNTY, WASHINGTON, AS SURVEYED AND STAKED , AND AS SHOWN SUSANA MATIAS COUP 4060-008-001-0001 ON SURVEY RECORDED IN VOLUME— PAGES OF SURVEYS, AFN TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS ", INCLUSIVE, BLOCK 6 OF SWSANYS 2ND ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. AS SURVEYED AND STALLED , AND AS SHOWN DONALD RYAN 4060-008-004-0008 ON SURVEY RECORDED IN VOLUME— PAGES OF SURVEYS, AFN TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS 7 AND 8, AND THE NORTH 1D FEET OF LOT 9, BLOCK B OF SWEANYS C 2ND ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PADS T6, RECORDS OF KITSAP COUNTY, WASHINGTON. AS SURVEYED AND DAVID NESSETH 4060-008-007-0005 STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME_.._, PAGES OF SURVEYS, AFN TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOT 9, EXCEPT THE NORTH 10 FEET THEREOF, AND LOTS 10-14, INCLUSIVE, CLOCK 8 OF SWEANYS 2NO ADDITION TO SIDNEY AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18. RECORDS OF {GIS.AP COUNTY. WASHINGTON. AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME - PAGES OF SURVEYS, AFN D TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID GERALD ALEXANDER 4060-008-009-0003 BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION LOTS 15 AND 16, BLOCK 8 OF SWEANYS 2ND ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP ELITE EDGE CONSULTING, LLC 4060-008-015-0005 COUNTY. WAWINCTDN, AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME PAGES OF SURVEYS, AFN TOGETHER WITH THAT PORTION OF ALLEY W1THJN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS 17, 18 AND THE NORTH ONE-HALF OF LOT 19, BLOCK 8 OF F SWEANYS 2ND AD81T10,N TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 FISCHER RENTALS PROPERTIES, LLC 4060-OOB-017-0102 OF PLATS. PACE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME— PACES OF SURVEYS, AFN TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK a THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS 20, 21 AND THE SOUTH ONE-HALF OF LOT 19, BLOCK 8 OF SWEANYS 2ND ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 G GREGORY EBBERS 4060-008-019-0001 OF PLATS, PACE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME PAGES OF SURVEYS, AFN TOGETHER NTH THAT PORTION OF ALLEY WITHIN SAID BLOCK B THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. H MACAILLA BARDEN 352401-1-004-2000 USE BLA/OCO FOR BARDEN/WIGGINS T13D L075 37-42, INCLUSIVE, BL(KX 8 OF SWFANYS 2ND ADDITION TO SIDNEY. AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 19, RECORDS OF KITSAP COUNTY, WASHINGTON, AS SURVEYED AND STAKED . AND AS SHOWN CITY OF PORT ORCHARD 4060-008-037-0009 ON SURVEY RECORDED IN VOLUME" PAGES OF SURVEYS, AFN TOGETHER WITH THAT PORTION OF HARRISON AVE ADJACENT TO SAID BLOCK 8, THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. ALSO TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS 33-3E, INCLUSIVE, BLOCK B OF SWEANYS 2NO ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON, EXCEPT THE SOUTH 2O.90 FEET OF LOT 35. AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN J ABIGAIL WARDLE 4060-008-033-0003 VOLUME— PAGES OF SURVEYS, AFN TOGETHER WITH THAT PORTION OF HARRISON AVE. ADJACENT TO SAID BLOCK 8, THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. ALSO TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS 30-32, INCLUSIVE, TOGETHER NTH THE SOUTH 2O.90 FEET OF LOT 33. BLOCK 8 OF SWEANYS 2ND ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PACE 19, RECORDS OF KITSAP COUNTY, WASHINGTON. EXCEP7 THE SOUTH 17.20 FEET OF LOT 30. AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME., K JOSHUA GOUCHER 4060-008-030-0006 PAGES OF SURVEYS. AFN — BEING A REFERENCE TO PARCEL 3 ON SURVEYS IN VOLUME 65, PAGE 224, TOGETHER WITH THAT PORTION OF HARRISON AVE. ADJACENT TO SAID BLOCK 8, THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO._., ALSO TOGETHER PATH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS 27-29. INCLUSIVE, AND THE SOUTH 17.20 FEET Of LOT 34. BLOCK 8 OF SWEANYS 2ND AODIT10N TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON, AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME— PAGES OF SURVEYS. AFN BEING A L PHILIP SQUIER 4060-008-027-0001 REFERENCE TO PARST_ 2 ON SURVEY IN VOLUME 66, PAGE 224, TOGETHER WITH THAT PORTION OF HARRISON AVE. ADJACENT TO SAID BLOCK 8, THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO, ALSO TOGETHER NTH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. M WILLIAM ANDERSON 4060-008-022-0105 USE RESULTANT PARCEL ANDERSON/GARDEN BLA/QCD TBD N ANN WIGGINS 352401-1-005-2009 USE SCC 19-2-00985 AND R.O.S. VOL.89, PAGE 141 TBD Page 87 of 358 Back to Agenda RESOLVE GIBBONS & RIELY PLLC Real Estate Appraisal, Counseling & Mediation 261 Madison Avenue South, Suite 102 Bainbridge, Washington 98110-2579 Anthony Gibbons, MAI Direct Dial 206 909-1046 Email: agibbons@realestatesolve.com Janis G. White Senior Trial Counsel, In -House Litigation Fidelity National Law Group 701 5th Avenue, Suite 2710 Seattle, WA 98104 Email: Janis.White0af3tfeom September 23, 2021 David A. Weibel Attorney -at -law Templeton Horton Weibel & Broughton, PLLC 3212 NW Byron St Ste 101 Silverdale, WA 98383-9154 Email: dweihei(a?kitsapiaw_p-roup.com RE: Harrison & Alley Vacation South of Sroufe Street, in the vicinity of Mystery Lane Port Orchard, WA Dear Ms. White and Mr. Weibel: At your request, we have prepared an appraisal of certain unused right-of-way, consisting of an unimproved 17' alley, and the west 7.5' of an unimproved section of Harrison Avenue, in Port Orchard, WA. The property is intended for vacation, and will accrue to neighboring ownerships, for purposes of clearing certain title issues and set -back encroachments. The property intended for vacation comprises 11,304sf. This appraisal has been prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP). It is presented as a summary Appraisal Report and complies with the reporting requirements of USPAP for such reports. The scope of our work is limited to the Sales Comparison Approach to value. Use of this report is limited to the client. The property is appraised according to the value accrued to each property as a consequence of the vacation, with the use of a traditional Before & After methodology. Our conclusion reflects the market value of the property in question. As a result of our investigation and analysis, we have concluded with the following market value for the subject property, as of the date of value, September 15', 2021, the date of inspection: Market Value (11,304sf @ $1.50/sf)............................................................................................... $16,900 Ref: 21094 Respectfully submitted, Anthony Gibbons, MAI RESOLVE Page 88 of 358 Back to Agenda APPRAISAL ASSIGNMENT Presented in a SUMMARY APPRAISAL REPORT Identity of Property The subject of this report is certain right-of-way located adjacent to 12-properties (A through G, I through M), located south of Sroufe Street, in the vicinity of Mystery Lane, Port Orchard, WA 98366. Client and Intended Users The client and intended users are Janis White and David Weibel, as clients, as well as authorized associates, representatives or agents. There are no other intended users. Intended Use This appraisal is to be used for the purpose of arriving at a market value for purposes of street vacation. Please note that the concluded value is developed prior to any discounts as may be required by ordinance in the vacation of right-of-way. Property Rights Appraised PLAT VACATE k50 FEET Or HAARIW. i AVE. i - OF 11 Feet . SROUFF Si. U I Az.5' 13 C ` 00 z o a� YD U�Lr K U o m m E � a _ wl F z I M o c r LOT AREA OF VACATED PORTIONS: ~ALLEY - 505 x 17' = 8585 S.F,f HARRISON AVE. - 505' x 7.5' - 3787 S.F,t Fee simple interest. The property is appraised based on the value that will accrue to it, when adjoined to each of the 12 neighboring parcels. Type of Value The purpose of this appraisal is to establish the market value of the subject property. The term "market value" is defined in The Dictionary of Real Estate Appraisal 6111 Edition (2015) as follows: "The most probable price that a property should bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller each acting prudently and knowledgeably, and assuming the price is not affected by undue stimulus. Implicit in this definition is the consummation of a sale as of a specified date and the passing of title from seller to the buyer under conditions whereby: a. Buyer and seller are typically motivated; b. Both parties are well informed or well advised, and acting in what they consider their best interests; C. A reasonable time is allowed for exposure in the open market; d. Payment is made in terms of cash in U.S. dollars or in terms of financial arrangements comparable thereto; and e. The price represents the normal consideration for the property sold unaffected by special or creative financing or sales concessions granted by anyone associated with the sale. " Job No. 21094 RESOLVE Fidelity— Port Orchard Vacation Page 89 of 358 Back to Agenda Conditions of Appraisal There are three Extraordinary Assumptions and one Hypothetical Condition, all required for reasonable analysis. 1. EA 1: Our appraisal assumes that the subject ROW would be approved for vacation. 2. EA 2: In our Before and After evaluation of the 12-parcels, we have not appraised improvements situated on the subject properties, considering only land in our valuation. 3. HC 1: A Before and After analysis, for a simple transition, is developed on the same day — that is the After condition assumes that the ROW is part of the individual properties. This condition is required for purposes of reasonable analysis. Please note, that in our analysis of each property, our evaluation is limited to a determination of the reasonable value that would accrue through the incremental addition of acreage. The development of the Before and After values is only for the purposes of opining on the value of the property to be vacated. The date of value is the date of inspection, September 15"', 2020. Sales and Listing History The subject property has been under city ownership for decades. Scope of Work The scope of work performed in this appraisal is in compliance with the specific guidelines of the Uniform Standards of Professional Appraisal Practice (USPAP). The subject land area is based on survey, and excludes a small portion of the alley that was previously vacated. The property appraised is not capable of individual development on account of shape and property condition (raw condition, lack of utilities, and slope). The highest and best use of the property is then determined to be assemblage, and the property is appraised on this basis, as though assembled by neighboring ownerships. 2 Job No. 21094 RESOLVE Fidelity — Port Orchard Vacation Page 90 of 358 Back to Agenda Assessor Plat Map Vertical view, west at View Job No. 21094 SUBJECT PHOTOGRAPHS next to Mystery Lane cul-de-sac 3 RESOLVE Page 91 of 358 Drone view from south - note lopo,_.r;iplI� . VIC View from the north Fidelity— Port Orchard Vacation Back to Agenda MARKET ANALYSIS The subject property is located in Port Orchard, in an attractive residential neighborhood. Average home pricing in the Port Orchard neighborhood is around $405,000, which is a little below the South Kitsap Average and that for the county as a whole. As with many other areas of Kitsap County, price increases have been relatively significant, particularly since the onset of the pandemic, representing a shift in activity away from urban living to more suburban and rural markets. Within the specific neighborhood of the subject, average home pricing is close to the city average, with properties on the market for typically around a week. The housing stock is largely post-war, with the average for the latest set of sales coming in at a vintage of around 1960, with a home size of approximately 1,500sf. Most homes are on lots of under a quarter of an acre. Lot prices are typically around $40,000 to $50,000, but can get up to $70,000490,000 for larger lots with good utility, and few if any site constraints. Kitsap Residential Median Home Prices MI.SArm 2017 2018 2019 21D20 T Au .'21 104I' r !1lY '�0r ... Price $319,024 $331,500 $385,000 $425,000 S516,500 SeaBeck holly Units 185 174 178 159 103 145 %change 4% 16% 10% 22% 166, .Q ']0s 1last16.81 Price $379,000 $421,000 $415,000 $526,750 S657,500 Chico Units _ 75 6S 67 68 56 �• 1,1all t 146 % change 11% -1 % 27 % 25 % �, 147 ilia ar • _ Price $228,375 $253,725 $282,800 $335,000 S408,000 Bremerton Units 473 455 449 496 386 148 %change 11% 11% 18% 22% kj Retail - Price $278,075 $300,000 $332,300 $378,500 $441,000 Manchester Units 303 265 216 237 168 StLvt;f+O�L]III 370 169` 144 %change 8% 11% 14% 17% i.,{ 1 ini - 9RHJ6RIW@ Price S260,000 S297,000 S325,000 S370,000 S405,000 Port Orchard Units 359 316 391) 392 30 : 149 149 ISLAND . L 143 %cham"c 1414 91N" ITA 9'X1 146 149.1. S Kitsap Price S318,465 $353,986 $400,000 $433,333 $535,000 W/Hwy 16 Units 520 532 482 445 341 BNEMt:ftiOn taa,l 141 % change 11% 13 % 8% 23% - `--- _ kr 3 90 14S^�i„•J", S Kitsap Price $340,000 $360,000 S379,000 $440,000 $569,900 E/Hwy 16 Units 371 336 263 319 201 142 %change 6% 5% 16% 30% , I r • Subject 141 142 �- South Kitsap Price S303,277 S331,030 S359,871 $415,512 S504,700 Average Units r - --• '1n change 9% 9% 15 % 21 1 KllxaP County Price $310,000 $345,000 $377,352 $418,717 $485,000 Units 040 4,481 4,341 4,344 2% 3 M1 1 '' ciwngc 11 % 9% 16% 36% _ $700,000 S600,000 - - $500,000 �J $400,000 - $300,000 - Woke - S200,000 $100,000 $0 .. 2017 2018 2019 2020 Aug '21 -Retsil - Manchester -Bremerton -Chico -Port Orchard -Kitsap County -S Kitsap W/Hwy 16-----SeaBeck Ho11y I.. -- S Kitsap E/Hwy 16 Job No, 21094 RESOLVE Fidelity- Port Orchard Vacation Page 92 of 358 Back to Agenda SUBJECT PROPERTY DESCRITPION Present Use The subject right-of-way is raw, heavily treed, and sloped in most areas. It is largely undeveloped, although it runs into the back yard of some residences in a few instances. Access and Location The subject is accessed from Sroufe and Mystery Lane, and adjacent private property. Land Area and Shape The survey below provides the total area of the right-of-way, either vacated already, or intended for vacation. Below, that portion of the site that has already been vacated is subtracted, to provide for the current land that is the subject of the proposed vacation. VACATE 7.50 FEET VACWOF HARRISON AVE. ITE PLAT ALLE WIDTH OF 17 FEET SROUFE ST. r r 151.5' M � I B C Li >" I zL)00 o� D K U Q L0 42z Y m O m E L Q _ r I F L� I z M o G N Cq I I + LOT AREA OF VACATED PORTIONS: "ALLEY — 505' x 17' = 8585 S.F.t HARRISON AVE. — 505' x 7.5' = 3787 S.F.± 5 Job No.21094 RESOLVE Fidelity — Port Orchard Vacation Page 93 of 358 Back to Agenda ROW to be vacated: Width Length Total Alley 17.0-If 505-]f 8,585sf Less prior vacation -1_ _ -06$sf 7,517sf Harrison 7.5-1f 505-If 3,787sf `" 11,304sf This property may also be allocated according to the property to which it will be joined. Please see the calculation of allocation below. Property Alley length 8.50' Harrison length 7.50' A 71.73' 610sf Osf B 71.73' 610sf Osf C 57.82' 491 sf Osf D 133.45' 1,134sf Osf E 47.82' 406sf Osf F Osf Osf G 59.78' 508sf Osf I 136.20' 1,158sf 135.90' 1,019sf J 77.50' 659sf 77.50' 581 sf 77.50' 659sf 77.50' 581sf 91.00' 774sf 91.00' 683sf 59.78' 508sf 123.00' 923sf 7,517sf 504.9 3,787sf Thus the following Before and After Land Areas are established: Property Before Land Area Added After A 9,583sf 61Osf 10,193s B 9,583sf 610sf 10,193s C 7,405sf 491sf 7,896s D 17,860sf 1,134sf 18,994s E 6,534sf 406sf 6,940s F 8,712sf Osf 8,712s G 4,356sf 508sf 4,864s I 18,731sf 2,177sf 20,908s J 10,019sf 1,240sf 11,259s K 10,019sf 1,240sf 11,259s L 11,761sf 1,456sf 13,217s M 12,197sf 1,431sf 13,628s 11,304sf. Job No. 21094 RE*SOLVE Fidelity- Port Orchard Vacation Page 94 of 358 Back to Agenda Topography and Vegetation The property is sloping with some critical areas Please see the County's critical area map presented below, which essentially duplicates that of the local jurisdiction, the city of Port Orchard. J � �•UU, I`r J ,Irl f - Motiage Layers Layer List Leqend — — UU1•JU CICtairol Aquifers �LntIto I Areas Oylaterbodres OFEM Flood Harard Areas r; rJU OHydtic Sails UJ� •'J�J .. :�oeelvgrc_Harerds .. 55rrsrntc High Harard Area I OJ�LAndsllde Hazard areas ;Jr; rJ I.� J+J MFFGSlen Harard Area _ l=: �•r.11J Q$el �l111f. Mor)—it Hsxard Area I 123eld Eagle Nests 'J .- lIl _ M -QPart�ls 12ra% Parcels Outlines UU51.r U 7:, 'Tax Parcels (Name & Address) Max Parcel Labels Light anx Parcel Labels Dark �5[reamt t �Rords gg !; S % J rJ I�Boundary8erders D t i4-FFtt SMkilrary Boundary Drily Boundary .. ISf[esrrv.w.-i Boundary ry-. i •rJ1 UAY •L i ufjA Boundary i iu[in Boundary 1998 OLA*.II.9LU Boundary yyr'i.UU Si111•bU 1141 U2020 Imagery �COl1[O Rf 4 Views This is not view property. Easements & Restrictions The subject is Right-of-way, but is appraised in fee simple estate, which is the estate that will be conveyed with no retained city or public rights. Utilities Power, water and sewer are available through public utility. Improvements The subject is unimproved. 7 Job No- 21094 RESOLVE Fidelity— Port Orchard Vacation Page 95 of 358 Back to Agenda Zoning The right-of-way is not zoned, but typically vacated property would take on the zoning of the adjacent parcels. The surrounding private ownerships are zoned Residential 2 (R2). According to the city code: "The R2 district is primarily intended to accommodate detached house, duplex, and town house development with a minimum lot size that varies based on building type. The R2 district is intended to implement the residential medium density comprehensive plan designation. Additional building types that are allowed include backyard cottage (detached accessory dwelling unit), cottage court, duplex and attached house. Uses that would substantially interfere with the residential nature of the district are not allowed. " The minimum lot size is 5,000sf if accessed from a primary street, and 3,000sf if accessed from an alley. Lot widths are 50', with street access, and 30' with alley access; duplex lots require an extra 10' in each case. Assessed Value & RE Taxes The subject is not assessed, as publicly owned, and a property to which typically there is no attached value. For information purposes only, I have included the prevailing assessment of the surrounding properties, given the fact that, once vacated, the assessor would include the square footage with these holdings, and perhaps re -assess accordingly. The current taxation rate is about $10.55 mills - i.e. about 1.05% of assessed value. Property Assessed Values Account # Land Improvement Total A 4060-008-001-0001 $56,420 $241,870 $298,290 B 4060-008-004-0008 $56,420 $179,210 $235,630 C 4060-008-007-0005 $53,650 $208,030 $261,680 D 4060-008-009-0003 $65,880 $333,410 $399,290 E 4060-008-015-0005 $52,550 $73,110 $125,660 F 4060-008-017-0102 $55,320 $331,820 $387,140 G 4060-008-019-0001 $44,540 $229,150 $273,690 1 4060-008-037-0009 Port Orchard ULID No assmt J 4060-008-033-0003 $50,970 $330,430 $381,400 K 4060-008-030-0006 $50,970 $297,040 $348,010 L 4060-008-027-0001 $52,840 $300,700 $353,540 M 4060-008-022-0105 $53,270 $380,950 $434,220 8 Job No. 21094 RESOLVE Fidelity- Port Orchard Vacation Page 96 of 358 Back to Agenda OPINIONS AND CONCLUSIONS Highest and Best Use The subject property is essentially unusable as right-of-way, and its highest and best use, assuming the necessary approvals are obtained, is for assemblage with adjacent parcels. This conclusion comes with the reasonable expectation of the vacation being approved by city Council. This is of course an Extraordinary Assumption' of this appraisal. In the After case, the surrounding properties are appraised as though now owning the land adjacent, which would reflect a Hypothetical ConditionZ, required for purposes of analysis. Comparable Data Valuation of the subject property is based on a series of lot sales in the neighborhood, this considered a reasonable measure of the value right-of-way intended for assemblage with such a lot. The data has been used to develop a relationship between lot value and size, such that the incremental value of additional square footage within a lot can be measured. The data is presented below, together with our conclusion of $16,900 total, about $1.50/sf. An explanation of the result follows on the following page. Sales Analysis Site Price 5%/yr up to # Address utility Lot size Date Se -15-21 Land Value 1 1398 Canyon Lane Good location, but 23,958sf $32,500 $33,500 $33,500 $1.40/sf 4056-011-015-00-05 restricted w/slope Feb-21 1.03 2 E Williams Lane #x2 Resticted due to slope 29,621sf $35,000 $35,400 $35,400 $1.20/sf 4536-004-012, -010 but with building pad Jul-21 1.01 3 Arnold Ave East Ave E water view, slope 6,098sf $37,000 $37,400 $37,400 $6.13/sf 4536-004-012, -010 restriction Jun-21 1.01 4 1667 SE Crawford Rd Good utility, flat, 4,792sf $50,000 $51,100 $51,100 $10.66/sl 012301-3-038-20-07 rectangular Apr-21 1.02 5 601 Radey St Good utility, flat, 9,583sf $66,900 $67,600 $67,600 $7.05/sf 4047-001-012-04-07 rectangular Jun-21 1.01 6 Lot 10 SE Serenade WY Nice quiet cul-de-sac, 9,148sf $67,000 $68,300 $68,300 $7.47/sf 4794-000-010-04-06 level, peekaboo view Apr-21 1.02 7 1783 Sidney Ave Gentle slope, good 13,068sf $92,000 $96,600 $96,600 $7.39/sf 352401-3-073-20-02 access, good utility Sep-20 1.05 8 Decatur Ave Steep slopes, limited 30,056sf $15,000 $15,200 $15,200 $0.51/sf 4027-009-004-00-08 access Jun-21 1.01 9 Arnold Ave E Small building pad at 6,098sf $17,000 $17,100 $17,100 $2.80/sf 4027-017-002-00-03 base of steep slope Aug-21 1.00 !Subject 11,304sf S16,900 $16,900 $16,900 $1.50/sf Sep-21 1.00 1 Something not known to be true, but likely to be true. z Something not presently true but a prospective future condition, and required for analysis purposes, in order to be able to value the subject parcels in the condition that they would be in, were the vacation approved. 9 Job No.21094 RESOLVE Fidelity -Port Orchard Vacation Page 97 of 358 Back to Agenda Property Valuation The comparisons have been divided into restricted sites (by virtue of topography or access) and unconstrained properties, with the value divide between these being quite significant: the former sell for between $0.50/sf and $3.00/sf, while the latter fall in a range of $6 to $10/sf. The data also reveals a clear issue of economies of scale, meaning that for a site of say 5,000sf, the incremental addition of 500sf is not likely to come at a pro-rata value of the lot as a whole, as the additional land does not materially alter the market for the property, it just provides additional yard or buffer. It is an axiom of real estate, that, all other things being equal, a larger site will sell for less on a square -footage basis than a smaller site. The properties are graphed below, displaying this relationship, with the red dotted best fit line in the center of the graph representing the average of the two different data sets. Based on the sales, different before and after values for the surrounding lots A through M (but no G) are calculated, with the curve providing an indication of the probable lift in value generated by the addition of an increment of land in adjacent (and in this case) largely sloping topography. $12.00/sf $10.00/sf $8.00/sf $6.00/sf $4.00/sf $2.00/sf $0.00/sf - '•.e I X Site Size v $/sf of Land ♦ Comps ® Subject Before a Subject After ■ Good Utility Sites X Poor Utility Sites .••••• Log. (Comps) Log. (Good Utility Sites) ••••• Log. (Poor Utility Sites) .� • Osf 5,000sf 10,000sf 15,000sf 20,000sf 25,000sf 30,000sf 35,000sf Following the curve, the resulting values are calculated. Property Land Area Before Added After 9,583sf Before $59,000 $6.16/sf 10,193sf After $60,500 $5.94/sf Difference $1,500 A 9,583sf 610sf 10,193sf B 9,583sf 610sf 10,193si 9,583sf $59,000 $6.16/sf 10,193sf $60,500 $5.94/sf $1,500 C 7,405sf 491sf 7,896sf 7,405sf $52,000 $7.02/sf 7,896sf $54,000 $6.84/sf $2,000 D 17,860sf 1,134sf 18,994sf 17,860sf $67,000 $3.75/sf 18,994sf $67,400 $3.55/sf $400 E 6,534sf 406sf 6,940sf 6,534sf $49,000 $7.50/sf 6,940sf $50,900 $7.33/sf $1,900 F 8,712sf Osf 8,712sf 8,712sf $56,000 $6.43/sf 8,712sf $56,000 $6.43/sf $0 G 4,356sf 508sf 4,864sf 4,356sf $40,000 $9.18/sf 4,864sf $42,400 $8.72/sf $2,400 I 18,731sf 2,177sf 20,908sf 18,731sf $67,500 $3.60/sf 20,908sf $67,700 $3.24/sf $200 J 10,019sf 1,240sf I 1,259sf 10,019sf $60,000 $5.99/sf I1,259sf $61,500 $5.46/sf $1,500 K 10,019sf 1,240sf I 1,259sf 10,019sf $60,000 $5.99/sf I1,259sf $61,500 $5.46/sf $1,500 L 11,761sf 1,456sf 13,217sf 11,761sf $62,500 $5.3 l/sf 13,217sf $64,500 $4.88/sf $2,000 M 12,197sf 1,431sf 13,628sf 12,197sf $63,000 $5.17/sf 13,628sf $65,000 $4.77/sf $2,000 11,304sf $1.50/sf $16,900 10 Job No. 21094 RE♦SOLVE Page 98 of 358 Fidelity- Port Orchard Vacation Back to Agenda The conclusion of value for the right of way at around $1.50/sf is reasonable as the value of incremental acreage, and in fact appropriately aligns with typical site values for sites of restricted utility, this of course quite representative of the nature of the right-of-way in this case — narrow, sloping, and access constrained. Value Conclusion As a result of this investigation and analysis, we have concluded with the following value for the property to be vacated: Market Value—11,304sf @$1.50/sf.............................................. ............................ --................ $16,900 Effective Date of Value September 15, 2021, date of inspection. Exposure Time This concept does not really apply to a right-of-way vacation. However, in application to lots adjacent, it is noted that the market is quite strong, and an exposure of less than a month would be anticipated. 11 Job No. 21094 RESOLVE Fidelity — Port Orchard Vacation Page 99 of 358 Back to Agenda APPRAISER'S CERTIFICATION I certify that, to the best of my knowledge and belief: ❖ The statements of fact contained in this report are true and correct; ❖ The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions and are my personal, impartial, and unbiased professional analyses, opinions, and conclusions; ❖ I have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved. ❖ I have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment. ❖ My engagement in this assignment was not contingent upon developing or reporting predetermined results. ❖ My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value opinion, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. ❖ The appraisal was made, and the appraisal report prepared, in conformity with the Appraisal Foundation's Uniform Standards for Professional Appraisal Practice. I have made a personal inspection of the property that is the subject of this report. ❖ Persons providing significant professional assistance to the persons signing this report are identified herein. ❖ The use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives. ❖ This appraisal has been made in conformity with the appropriate State and Federal laws and requirements; I have performed no services, as an appraiser or in any other capacity, regarding the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment; ❖ As of the date of this report, Anthony Gibbons has completed the Standards and Ethics Education Requirement of the Appraisal Institute for Designated Members. RESTRICTION UPON DISCLOSURE & USE: Disclosure of the contents of this appraisal report is governed by the By -Laws & Regulations of the Appraisal Institute. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser or the firm with which (s)he is connected, or any reference to the Appraisal Institute or to the MAI designation) shall be disseminated to the public through advertising media, public relations media, news media, sales media or any other public means of communication without the prior written consent and approval of the undersigned. No part of this report or any of the conclusions may be included in any offering statement, memorandum, prospectus or registration without the prior written consent of the appraiser. The property has been appraised for its fair market value as though owned in fee simple. The opinion of value expressed below is the result of, and is subject to, the data and conditions described in detail in this report. Anthony Gibbons made a personal inspection of the subject property on September 15`h, 2021. The Date of Value for the subject of this appraisal is February 2811, 2020, per client instruction. Per the MARKET VALUE definition herein, the concluded market value diminution for the property that is the subject of this appraisal is on a cash basis and is: Market Value.................................................................................................................................... $16,900 Name: Anthony Gibbons, MM Certified General Real Estate Appraiser. Lic No 1100854 12 Signature: Date Signed: September 23.202I Job No, 21094 RE • SOLVE Fidelity — Port Orchard Vacation Page 100 of 358 Back to Agenda General Assumptions and Limiting Conditions This appraisal report has been made with the following general assumptions: 1. No responsibility is assumed for the legal description provided or for matters pertaining to legal or title considerations. Title to the property is assumed to be good and marketable unless otherwise stated. 2. The property is appraised free and clear of any or all liens or encumbrances unless otherwise stated. 3. Responsible ownership and competent property management are assumed. 4. The information furnished by others is believed to be reliable, but no warranty is given for its accuracy, 5. All engineering studies are assumed to be correct. The plot plans and illustrative material in this report are included only to help the reader visualize the property. 6. It is assumed that there are no hidden or unapparent conditions of the property, subsoil, or structures that render it more or less valuable. No responsibility is assumed for such conditions or for obtaining the engineering studies that may be required to discover them. 7. It is assumed that the property is in full compliance with all applicable federal, state, and local environmental regulations and laws unless the lack of compliance is stated, described, and considered in the appraisal report. 8. It is assumed that the property conforms to all applicable zoning and use regulations and restrictions unless a non -conformity has been identified, described, and considered in this appraisal report. 9. It is assumed that all required licenses, certificates of occupancy, consents, and other legislative or administrative authority from any local, state, or national government or private entity or organization have been or can be obtained or renewed for any use on which the opinion of value contained in this report is based. 10. It is assumed that the use of the land and improvements is confined within the boundaries or property lines of the property described and that there is no encroachment or trespass unless noted in the report. 11. Unless otherwise stated in this report, the existence of hazardous materials, which may or may not be present on the property, was not observed by the appraiser. The appraiser has no knowledge of the existence of such materials on or in the property. The appraiser, however, is not qualified to detect such substances. The presence of substances such as asbestos, urea -formaldehyde foam insulation, and other potentially hazardous materials may affect the value of the property. The value estimated is predicated on the assumption that there is no such material on or in the property that would cause a loss in value. No responsibility is assumed for such conditions or for any expertise or engineering knowledge required to discover them. The intended user is urged to retain an expert in this field, if desired. This appraisal report has been made with the following general limiting conditions: 1. If the subject is improved: Any allocation of the total value estimated in this report between the land and the improvements applies only under the stated program of utilization. The separate values allocated to the land and buildings must not be used in conjunction with any other appraisal and are invalid if so used. 2. Possession of this report, or a copy thereof, does not carry with it the right of publication. 3. The appraiser, by reason of this appraisal, is not required to give further consultation or testimony or to be in attendance in court with reference to the property in question unless arrangements have been previously made. 13 Job No. 21094 RE • SOLVE Fidelity — Port Orchard Vacation Page 101 of 358 Back to Agenda 4. Neither all nor any part of the contents of this report (especially any conclusions as to value, the identity of the appraiser, or the firm with which the appraiser is connected) shall be disseminated to the public through advertising, public relations, news, sales, or other media without the prior written consent of the appraiser The following assumptions and limiting conditions may apply to this assignment: 1. Any opinions of valued provided in the report apply to the entire property, and any proration or division of the total into fractional interests will invalidate the opinion of value, unless such proration or division of interests has been set forth in the report. 2. In the case of proposed developments: If only preliminary plans and specifications were available for use in the preparation of this appraisal; the analysis, therefore, is subject to a review of the final plans and specifications when available. 3. In the case of proposed developments, and the assignment of values to a property at the completion of construction, all proposed improvements are assumed to have been completed unless otherwise stipulated, so any construction is assumed to conform with the building plans referenced in the reports. 4. In the case of improved property: The appraiser assumes that the reader or user of this report has been provided with copies of available building plans and all leases and amendments, if any, that encumber the property. 5. If no legal description or survey was furnished, the appraiser used the county tax plat to ascertain the physical dimensions and acreage of the property. Should a survey prove this information to be inaccurate, it may be necessary for this appraisal to be adjusted. If a legal description has been provided, the appraiser is not responsible for the accuracy of the description. The property appraised is assumed to be as delineated on county maps, as noted in this appraisal. 6. The forecasts, projections, or operating estimates contained herein are based on current market conditions, anticipated short-term supply and demand factors, and a continued stable economy. These forecasts are, therefore, subject to changes with future conditions. 7. If the subject is improved: The Americans with Disabilities Act (ADA) became effective January 26, 1992. The appraiser has not made a specific compliance survey or analysis of any improvements on the property to determine whether or not it is in conformity with the various detailed requirements of ADA. It is possible that a compliance survey of the property and a detailed analysis of the requirements of the ADA would reveal that the property is not in compliance with one or more of the requirements of the act. If so, this fact could have a negative impact upon the value of the property. Since the appraiser has not direct evidence relating to this issue, possible noncompliance with the requirements of ADA was not considered in estimating the value of the property. 14 Job No. 21094 RESOLVE Fidelity— Port Orchard Vacation Page 102 of 358 Back to Agenda OF EXHIBIT A SKETCH OF PROPOSED VACATION ALLEY IN BLOCK 8 AND PORTION OF HARRISON AVE- VACATE 7.50 FEET ❑F HARRISON AVE. (VACATE PLAT ALLEY —. SCALE: 1 " = 100' PORTION OF ALLEY VACATED BY ORDINANCE NO. 010-08 AFN 200804040131 JOB NO.: 11367 LOT AREA OF VACATED PORTIONS: ALLEY — 505' x 17' = 8585 S.F.f HARRISON AVE. — 505' x 7.5' = 3787 S.F.f A ( d=�i N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360)895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O, lox 637, Port Orchard, WA 93366 Page 103 of 358 Back to Agenda EXHIBIT B PORTION OF ALLEY TO BE VACATED ALL OF THE ALLEY LYING WITHIN BLOCK 8, SWEANEY'S SECOND ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. SAID ALLEY IS 17 FEET IN WIDTH, PER PLAT, AND ADJOINS LOTS 1-22 AND LOTS 42-23. NOTE: THIS VACATION SUPERCEDES AND REPLACES THE PREVIOUS VACATION OF ALLEY, AND IS TO CORRECT THE ALLEY WIDTH AS PREVIOUSLY NOTED IN CITY ORDINANCE 010-08, PER AFN 200804040131, WHICH IS IN ERROR. PORTION OF HARRISON AVENUE TO BE VACATED THE WEST 7.50 FEET OF THAT PORTION OF HARRISON AVENUE WHICH IS ADJOINING BLOCK 7 AND BLOCK 8 OF SWEANEY'S SECOND ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. K 4. oy, , Q� w a sy� �'�' 14065 c+ �L LAr�o FREDERICK A. KEGEL, P.L.S. WASHINGTON STATE REGISTRATION NO. 14065 Page 104 of 358 Back to Agenda PARCEL OWNER TAX PARCEL NO. LEGAL DESCRIPTION LOTS 1-3, INCLUSIVE, BLOCK 8 OF SWEANYS 2ND ADDITION TO SIDNEY, AS A PER PLAT RECORDED 1N VOLUME 2 OF PLATS, PACE 18, RECORDS OF KITSAP COUNTY. WASHINGTON, AS SUSANA MATIAS COUP 4060-008-001-0001 SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME— PARES OF SURVEYS, AFN TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO, LOTS ". INCLUSIVE', BLOCK 8 OF SWEANYS 2ND ADDITION TO SIDNEY, AS B PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. AS SURVEYED AND STAKED DONALD RYAN 4060-008-004-OD08 , AND AS SHOWN ON SURVEY RECORDED IN VOWME— PAGES OF SURVEYS, AFN TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLACK B THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. C LOTS 7 AND a AND THE NORTH 10 FEET OF LOT 9, BLOCK 8 OF SWEANYS 2ND ADDITION DAMD NESSETH 4060-008-007-0005 Ta SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON, AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME_ PAGES OF SURVEYS. AFN TDGFMZR WITH THAT FORTION OF ALLEY WITHIN SA10 BLOCK B THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOT 9, EXCEPT THE NORTH 10 FEET THEREOF, AND LOTS 10-14,INCLIISIVE, BLOCK 8 OF SWEANYS 2ND ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 19, RECORDS OF KITSAP COUNTY, WASHINGTON, AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY D RECORDED IN VOLUME , PAGES OF SURVEYS, AFN GERALD ALEXANDER 4080-008-009-0003 TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS 15 AND 18. BLOCK 8 OF SWEANYS 2ND ADDITION TO SIDNEY, AS PER c PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, L. ELITE EDGE CONSULTING, LLC 4060-008-015-0005 WASHINGTON, AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME..-, PAGES OF SURVEYS, AFN TOGETHER WSTH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF FORT ORCHARD RESOLUTION NO. F LOTS 17. 18 AND THE NORTH ONE-HALF OF LOT 19. BLOCK 8 OF FISCHER RENTALS PROPERTIES, LLC 4060-008-017-0102 SWEANY'S 2ND ADDITION TO SIDNEY. AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PACE i8, RECORDS OF KITSAP COUNTY, WASHINGTON, AS SURVEYED AMC STAKED , AND AS SHOWN ON SURVEY RECORDED IN VOLUME, PAGES OF SURVEYS, AFN TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 6 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO.... _ LOTS 20, 21 AND THE SOUTH ONE-HALF OF LOT 19. BLACK 8 OF SNl=ANYS 2ND ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 GREGORY EBBERS 4060-008-019-0001 OF PLATS, PAGE 18, RECORDS. OF KITSAP COUNTY, WASHINOYON, AS SURVEYED AND STAKED , AND AS SHOWN CN SURVEY RECORDED IN VOLUME PAGES OF SURVEYS, AFT4 TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK B THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. H MACAILLA BARDEN 352401-1-004-2000 USE BLA/OCO FOR 9ARDEN/IWGGINS TBD LOTS 57-42, INCLUSIVE, BLOCK 0 OF SWEANYS 2ND ADDITION TO STONEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAOE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. AS SURVEYED AND STAKED , AND AS SHOWN I CITY OF PORT ORCHARD 4060-008-037-0009 ON SURVEY RECORDED IN VOLUME., PAGES OF SURVEY'S, AFN TOGETHER WITH THAT PORTION OF HARRISON AVE. ADJACENT TO SAID BLOCK B, THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. ALSO TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS 33-30, INCLUSIVE, BLOCK 8 OF SWEANYS 2NO ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PACE i8, RECORDS OF KITSAP COUNTY, WASHINGTON, EXCEPT THE SOUTH 2O.90 FEET OF LOT 33. J ABIGAIL WARDLE AS SURVEYEO AND STAKEO , AND AS SHOWN ON SURVEY RECORDED IN SURVEYS, 4080-008-033-0003 TOG�ER WriA> �Ar PORTION OF HARRISON AVE. ADJACENT TO SAO BLOCK e, THAT WAS VACATED PER CITY OF PORT ORC14ARO RESOLV710N NO. ALSO TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS 30-32,INCLUSIVE, TOGETHER WITH THE SOUTH 2O.90 FEET OF LOT 33. BLOCK 8 OF SWEANYS 2NO ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 15, RECORDS OF KITSAP COUNTY, WASHINGTON, EXCEPT THE SOUTH 17.20 FEET OF LOT 30, AS SURVEYED K AND STAKED . AND AS SHOWN ON SURVEY RECORDED RT VOLUME_ JOSHUA GOUCHER 4060-008-030-0006 PAGES OF SURVEYS, AFN REINS A REFERENCE TO PARCEL 3 ON SURVEYS IN VOLUME 68, PAGE 224. TOGETHER WITH THAT PORTION OF HARRISON AVE. ADJACENT TO SA10 BLOCK 8, THAT WAS VACATED PER CITY CP PORT ORCHARD RESOLUTION NO, ALSO TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. LOTS 27-29, INCLUSIVE, AND THE SOUTH 17.20 FEET OF LOT 30. BLOCK 8 OF SWEANYS 2N➢ ADDITION TO SIDNEY, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON, AS SURVEYED AND STAKED , AND AS SHOWN ON SURVEY RECORDED IN L PHILIP SQUIER 4060-008-027-0001 VOLUME PAGES OF SURVEYS, AFN BEING A REFERENCE TO PARCEL 2 ON SURVEY IN VOLUME 60, PAGE 224. TOGETHER WITH THAT PORTION OF HARRISON AVE. ADJACENT TO SAID BLOCK 6, THAT WAS VACATED PER CITY OF PORT ORCHARD RESOW71ON NO. ALSO TOGETHER WITH THAT PORTION OF ALLEY WITHIN SAID BLOCK 8 THAT WAS VACATED PER CITY OF PORT ORCHARD RESOLUTION NO. M WILLIAM ANDERSON 4060-008-022-0105 USE RESULTANT PARCEL ANDERSON/GARDEN BLA/OCD TBD N ANN WIGGINS 352401-1-005-2009 USE SCC 19-2-00985 AND R.O.S. VOL.89. PAGE 141 Teo Page 105 of 358 Back to Agenda . I �� All� Ay�yj'I'G�: f � A•��•�1 � �s;";'' City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 . FAX (360) 895-9029 ■ cityhall@cityofportorchard.us www.cityofportorchard.us PETITION TO VACATE CITY RIGHT-OF-WAY APPLICATION (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner's Name(s):• William C. Anderson, Mailing Address 2164 NE Eton Lane Street Contact Information: (360) 698-2618 Phone Address of Requested Vacation: 812 Mystery Lane inia Anderson & Macailla Barden Bremerton WA City State mrbilloal943@msn.com Email Street or nearest cross street Parcel Number of Requested Vacation: 4060-008-022-0105 98311 Zip 1. The undersigned, owner of real property abutting upon that public street/alley described below, does hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legal description of the requested right-of-way prepared by a licensed surveyor: all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. State the proposed use of the vacated right-of-way: occupancy/boundary line adjustment Page 1 of 3 Vacation of City Right -of -Way Application Page 106 of 358 Back to Agenda 3. Provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way. Signature of Applicant Signature of Applicant Date Date When submitting this application, please make sure the following requirements are completed and documents are submitted: ■ Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • New legal description to include the requested right-of-way; ■ Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; a Documentation supporting the application of the Non -User Statute, if applicable; • Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; • Application processing fee of $120; and C $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). FOR CITY CLERK'S OFFICE USE ONLY $120 Vacation Fee Received _Yes No Receipt No.: $500 Vacation Appraisal Fee (Refundable Deposit) Received _Yes No Receipt No.: _ Support for Vacation Petition By Abutting Property Owners form(s) Received Yes __ No Public Hearing Date: Notices Posted by: Date of Noticing: _ Approved by the City Council Yes No Page 2 of 3 Vacation of City Right -of -Way Application Page 107 of 358 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 r cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner): 1--" /1- <- /"' First and Last Name Contact Information; -3 6 o 6 y` Z 6/ 9 "s ,c er/C L o 4 j y 5Z3 CO Phone Email Street or Nearest Cross Street of Requested Vacation:, Parcel Number of Requested Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. 4a/ C C. //r �#N -R Nd C%L J a/J First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 1 (Signature and/or Title) First and Last Name (Printed) of Property Owner/Corporate Officer Managing Member No. 2 (Signature and/or Title) Property Address Mailing Address: Street Contact Information: Phone Name of Corporation (if applicable) Tax Parcel Number City Email State Zip Page 3 of 3 Vacation of City Right -of -Way Application Page 108 of 358 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 ■ FAX (360) 895-9029 • cityhall@cityofportorchard.us www.ci tyofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document Is considered a public record and Is subject to public disclosure laws In Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner): M a c a�A t-La- , , First and Last Name A / Contact Information: 0 L Phone Email Street or Nearest Cross Street of Requested Vacation: Parcel Number of Requested Vacation:__ Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. & I 1 Lam, First and Last Name (Printed) of Property Owner/Corporate Officer Managing Member No. 1 1 .. J' f .. r. N —and/or Title) Name of Corporation (if applicable) First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 2 (Signature and/or Title) Property Address Mailing Address: Street Contact Information Tax Parcel Number Q P1) City : 15; 132 f uv-i- I Phone Email 83te State Zip .UloK) -elmW, k-- wrY1 Page 3 of 3 Vacation of City Right -of -Way Application Page 109 of 358 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public di+slclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner): ) l� [ First and east Name Contact Information: ')WU- "l 0U - Phone Ema W Street or Nearest Cross Street of Requested Vacation: _�M/Y\�(Dor!4- U Pp ~ Parcel Number of Requested Vacation:AD)oi I`N •, bon 1-2 z o zs y 2 —2z Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. ■ I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. First an Last Na a (Printed) o Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Me er No. 1 -1111' (Sign ufe and/or Title) First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 2 (Signature and/or Title) qO�D --00U —03 �) S �1 -, �- � ��rv- L-b G V- Property JaTax Parcel Number p Mailing Address: 6YLC Street Clty State Zip Contact Information: S100 - b —73D� L-�- G e�,� Lb✓� Phone Email Page 3 of 3 Vacation of City Right -of -Way Application Page 110 of 358 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner): D)d / b . First and Last Name Contact Information: 3 �10 — S I�r t — 1aw~L� Phone Email Street or Nearest Cross Street of Requested Vacatlon: T () , Parcel Number of Requested Vacation: YO &Q J U 13 ` Ub `( — 000 Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest DIUst s_ig n this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. AA, First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 2 (Signature and/or Title) Property Address Mailing Address: Street Contact Information: Phone Tax Parcel Number City State Zip Email Page 3 of 3 Vacation of City Right -of -Way Application Page 111 of 358 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner):. h < < ( l �, �J � t [ r First and Last Name Contact Information: Cis 3 9 (r7 0 - 7 13 9 m Q l l� C o ►VL Phone Email Street or Nearest Cross Street of Requested Vacation:. U M j 5-eyl�y L�-kh t r 1 br�- 0 rc k-irz( 1 WA q�26 6 Parcel Number of Requested Vacation, 1 D4 0 — 00 b " 0'�L 00 U / Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign_ this document, This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. `7k'(I S Iut`ty First and Last Name (Printed) of Property Owner/Corporate Officer Managing e�Member No. 1 (Signature and or Title) First and Last Name (Printed) of Property Owner/Corporate Officer Managing Member No. 2 (Signature and/or Title) 8'�6 M_Is�-?ry LAi,•e- Property Address Name of Corporation (if applicable) Name of Corporation (if applicable) D&b - 00`?- 0') 7— 060 Tax Parcel Number Mailing Address:_ b 46 ry 76A 0 rek'tyti• Street' )� ) ❑r City State Zip Contact Information: l 53-! f 0 — 17 1 1. _ _ S J L4 l C V'A (� . C O ►K _ Phone Email �r Page 3 of 3 Vacation of City Right -of -Way Application Page 112 of 358 Back to Agenda MR City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 4 FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner): J 0S, 9 O A **-4- CMM First and Last Name Contact Information: _a t 0 —Z Phone Street or Nearest Cross Street of Regr.iested Vacaticn: 5 R DVS S ( -4 IAA Z i .S&,�j A VF, Parcel Number of Requested Vacation: Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. I/We understand I/We may be required to pay for a portion of the vacated right-of-way. First and Last Name ( ManaRiing—Mambei-N Property Address 1)�/A Name of (if applicable) Name of Corporation (if applicable) Tax Parcel Number ^ Mailing Address:QYS7EiZy LL 05 WA 19346 Street City State Zip Contact Phone Page 3 of 3 Vacation of City Right -of -Way Application Page 113 of 358 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner): f_ C)- 1—f— L 1 SC- First and Last Name Contact Information: — Lc 0,2 --I I��-� - r-� —+°•� rc� � Phone Email Street or Nearest Cross Street of Requested Vacation: A rN Parcel Number of Requested Vacation: V ( �'t5 1 �� Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sin this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understated I/We may be required to pay for a portion of the vacated right-of-way. First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 1 �2,2 -- (Signature and/or Title) I�lnzc a.r, e; c First and Las ame (Printed) of Pr perty Owner/Corporate Officer Managing Member No. 2 (Signature and/or Title) c Name of Corporation (if applicable) Property Address Tax Parcel Number Mailing Address: I? C) ?? (Die,( I el- LA34 q �S 9 Street City State Zip Contact Information: 3L10 VVJ-C Cl c'-'" � ► 5 C1--CAL' V— JC-"— 1 Phone Email o Y" Gin i . C 0 d� Page 3 of 3 Vacation of City Right -of -Way Application Page 114 of 358 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation (Petitioner); William C. Anderson & Virginia Anderson First and Last Name Contact lnformation: (206) 615-3104 MRBILLOA1943@MSN.COM Phone Email Street or Nearest Cross Street of Requested Vacation: 812 Mystery Lane Parcel Number of Requested Vacation: 4060-008-022-0105 Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. Troy Selland Edge Elite consulting LLC member First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 1 Member (Signature and/or Title) First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 2 (Signature and/or Title) 1133 Sidney Avenue, Port Orchard 4060-008-015-0005 Property Address Tax Parcel Number Mailing Address: 8035 15th Avenue Seattle WA 98115-4337 Street City State Zip Contact Information: Troy Selland tragotroy@gmaii.com Phone Email Page 3 of 3 Vacation of City Right -of -Way Application Page 115 of 358 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 m FAX (360) 895-9029 u cityhall@cityofportorchard.us www.citvofportorchard.us PETITION TO VACATE CITY RIGHT-OF-WAY APPLICATION (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner's Name(s):6Z-4 i 111 ald zfJ , Mailing Address: l i;I ��Iip�w yhi az Street (2,6e) -`, City State Zip Contact Information 8 / `T � Phone Email Address of Requested Vacation: Street or nearest cross street Parcel Number of Requested Vacation: 1. The undersigned, owner of real property abutting upon that public street/alley described below, does hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legal description of the requested right-of-way prepared by a licensed surveyor: See Exhibit A all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) State the proposed use of the vacated right-of-way: The two vacated areas will accrue to neighboring Supreme Court recently acknowledged and approved a "resurvey to rediscover the boundaries according to t plat..." Ranehold v. Ramie, 429 P.3d 1b4 169 Va. 2021) (quoting 5taaf v. BiMan! S VTi 2d 800 803. 415 P.� 650 1966). The petitioners commissioned a resurvey of Block 8 to "retrace the boundary lines laid down in the elat." Id. Page 1 of 3 Vacation of City Right -of -Way Application Page 116 of 358 Back to Agenda 3. Provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way. Signature of a Signature Date 4&# 2-Ir, Z� Date When submitting this application, please make sure the following requirements are completed and documents are submitted: • Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • New legal description to include the requested right-of-way; • Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; • Documentation supporting the application of the Non -User Statute, if applicable; • Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; • Application processing fee of $120; and • $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). FOR CITY CLERK'S OFFICE USE ONLY $120 Vacation Fee Received _Yes No Receipt No.: $500 Vacation Appraisal Fee (Refundable Deposit) Received _Yes No Receipt No.: Support for Vacation Petition By Abutting Property Owners form(s) Received _Yes _ No Public Hearing Date: Notices Posted by: __ Date of Noticing: Approved by the City Council Yes No Page 2 of 3 Vacation of City Right -of -Way Application Page 117 of 358 Back to Agenda OF EXHIBIT A SKETCH OF PROPOSED VACATION ALLEY IN BLOCK 8 AND PORTION OF HARRISON AVE- VACATE 7.50 FEET ❑F HARRISON AVE. (VACATE PLAT ALLEY —. SCALE: 1 " = 100' PORTION OF ALLEY VACATED BY ORDINANCE NO. 010-08 AFN 200804040131 JOB NO.: 11367 LOT AREA OF VACATED PORTIONS: ALLEY — 505' x 17' = 8585 S.F.f HARRISON AVE. — 505' x 7.5' = 3787 S.F.f A ( d=�i N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360)895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O, lox 637, Port Orchard, WA 93366 Page 118 of 358 Back to Agenda EXHIBIT B PORTION OF ALLEY TO BE VACATED ALL OF THE ALLEY LYING WITHIN BLOCK 8, SWEANEY'S SECOND ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. SAID ALLEY IS 17 FEET IN WIDTH, PER PLAT, AND ADJOINS LOTS 1-22 AND LOTS 42-23. NOTE: THIS VACATION SUPERCEDES AND REPLACES THE PREVIOUS VACATION OF ALLEY, AND IS TO CORRECT THE ALLEY WIDTH AS PREVIOUSLY NOTED IN CITY ORDINANCE 010-08, PER AFN 200804040131, WHICH IS IN ERROR. PORTION OF HARRISON AVENUE TO BE VACATED THE WEST 7.50 FEET OF THAT PORTION OF HARRISON AVENUE WHICH IS ADJOINING BLOCK 7 AND BLOCK 8 OF SWEANEY'S SECOND ADDITION TO SIDNEY, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS, PAGE 18, RECORDS OF KITSAP COUNTY, WASHINGTON. K 4. �� o�` Q , . w a sy� 14065 c+ �L LAr�o FREDERICK A. KEGEL, P.L.S. WASHINGTON STATE REGISTRATION NO. 14065 Page 119 of 358 Back to Agenda ;W 4 a 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 8B Subject: Adoption of an Ordinance Approving a Development Agreement with Blueberry Apartments, QOZB, LLC Meeting Date: May 9, 2023 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No. Atty Review Date N/A N/A Summary: The City has negotiated a development agreement for traffic impact fee credits with Blueberry Apartments QOZB, LLC. This agreement, if approved, would provide traffic impact fee credits to the developer of a 108-unit multifamily development located at the northwest corner of the intersection of SE Blueberry Rd and Bethel Rd SE (Blueberry Apartments) in exchange for the dedication of right-of-way for the future development of Bethel Road SE consistent with the adopted Bethel Sedgwick Corridor Plan. The Blueberry Apartments development consists of 108 multifamily units in six buildings with associated off- street parking and amenities. The Development Agreement applies to the property as described in Exhibit A and identified in Exhibit B. The developer shall dedicate the portion of the property identified in Exhibit C, but the final alignment of the dedication will be determined following the completion of the final design for the roadway project. The benefit the developer receives through this Development Agreement is relief from the minimum ground floor elevation required of apartment building in POMC 20.32.100. In this instance, the property's topography does not lend itself to providing the minimum ground floor elevation. However, the project still provides equal or better ground floor privacy for residents. The City and Blueberry Apartments QOZB, LLC have agreed to an estimated maximum traffic impact fee credit of $245,245.84 which will require payment at the time of building permit issuance. Blueberry Apartments QOZB, LLC will be required to pay all other related impact fees including park impact fees. Additionally, the developer is required to dedicate that portion of right-of-way for Bethel Rd SE prior to the issuance of any Certificate of Occupancy related to the development. POMC 20.26 (Development Agreements) outlines the process for development agreement approval. In this case, the application for the development agreement was filed by Blueberry Apartments QOZB, LLC on March 27, 2023. The City determined the application to be complete on March 31, 2023. The City of Port Orchard's SEPA Responsible Official issued a Mitigated Determination of Nonsignificance for the associated development on September 16, 2022, and the City advertised the May 9, 2023 Public Hearing on April 27, 2023 consistent with the requirements of Port Orchard Municipal Code 20.26.050. The Department of Community Development has not received any comments in response to the Notice of Hearing. Relationship to Comprehensive Plan: The Development Agreement includes Project 2.04A on the City impact fee schedule which is identified in the Bethel Sedgwick Corridor Plan as incorporated into the Transportation Element of the Comprehensive Plan. Page 120 of 358 Back to Agenda Business Item 8B Page 2 of 2 Recommendation: Staff recommends that the City Council adopt an ordinance authorizing the mayor to execute a development agreement with Blueberry Apartments QOZB, LLC as presented. Suggested Motion: "I move to adopt an ordinance authorizing the mayor to execute a development agreement with Blueberry Apartments QOZB, LLC as presented." Fiscal Impact: The proposed agreement will result in the developer dedicating property necessary for the construction of Bethel Road SE as described in the Bethel Sedwick Corridor Plan saving the city money for property acquisition and staff resources. Alternatives: Do not approve the Development Agreement; request changes to the Development Agreement. Attachments: Ordinance; Blueberry Apartments Development Agreement; Exhibits to Blueberry Apartments Development Agreement. Page 121 of 358 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPMENT AGREEMENT WITH BLUEBERRY APARTMENTS QOZB, LLC FOR THE BLUEBERRY APARTMENTS DEVELOPMENT; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 36.70B.170, the City Council has the authority to review and enter into development agreements that govern the development and use of real property within the City; and WHEREAS, the City Council has adopted standards and procedures governing the City's use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code (POMQ and WHEREAS, Chapter 20.26 POMC is consistent with State law; and WHEREAS, Blueberry Apartments QOZB, LLC applied for a Development Agreement under Chapter 20.26 POMC on March 27, 2023 and such Agreement has been processed consistently with the POMC and State law; and WHEREAS, the Development Agreement by and between the City of Port Orchard and Blueberry Apartments QOZB, LLC , relates primarily to the development of property owned by Owner at 4330 and 4336 Bethel Rd SE, Port Orchard, Washington (Kitsap County Tax Parcels #022301-4-043-2007, 022301-4-012-2004, 022301-4-026-2008) (hereinafter, the "Property"); and WHEREAS, Blueberry Apartments QOZB, LLC proposes to develop the Property with a multi -family development consisting of 108 multifamily units within six buildings, parking for 183 vehicles, landscaping, outdoor amenity areas, and associated site improvements (collectively, the "Development Project" or City Permit No. PW22-005); and WHEREAS, on August 2, 2022 the City issued a demolition permit (22-668) to Blueberry Apartments QOZB, LLC for two detached houses on the Property; and WHEREAS, in the calculation of traffic impacts and upon demolition or termination of a use, POMC 20.180.005(4) allows capacity evaluation credit for the net increase of impacts to City road facilities; and WHEREAS, the Development Project creates a net increase of impacts to City road facilities from 106 multifamily units; and Page 122 of 358 Back to Agenda Ordinance No. _ Page 2 of 4 WHEREAS, Blueberry Apartments QOZB, LLC proposes dedicate certain property ("Transportation Improvement Project Property") to the City for the purpose of the City's construction of a portion of a City transportation improvement defined as Project 2.04A on the impact fee study as defined herein as the "Transportation Improvement Project" which property dedication is eligible for a transportation impact fee credit pursuant to RCW 82.02.060(4) and POMC 20.182.080; and WHEREAS, the Transportation Improvement Project Property dedication is necessary for the City's development of the Transportation Improvement Project which will benefit the Development Project and the general public; and WHEREAS, the Agreement governs the dedication of the Transportation Improvement Project Property to the City and the respective transportation impact fee credits that will result from Blueberry Apartments QOZB, LLC dedicating the Transportation Improvement Project Property; and WHEREAS, POMC 20.32.100 requires a minimum ground floor elevation of two feet for all "Apartment" building types and the City and Blueberry Apartments QOZB, LLC agree that, as proposed, the Development Project provides an equal or better ground floor privacy for residents and aesthetic screening than could be provided with strict adherence to the Code; and WHEREAS, the City agrees that Blueberry Apartments QOZB, LLC may depart from the requirements of POMC 20.32.100 to the extent where no minimum ground floor elevation shall be applied; and WHEREAS, except with regard to the Transportation Improvement Project Property dedication and the respective applicable transportation impact fee credits, and the departure from POMC 20.32.100, the Agreement does not establish or modify the standards or conditions for the underlying Development Project which is being undertaken in accordance with applicable code and regulations; and WHEREAS, in consideration of the benefits conferred by this new Agreement, which reflect the current plans of both the City and Blueberry Apartments QOZB, LLC and include a transportation impact fee credit calculation, the Parties deem it in their best interests to enter an Agreement and the City Council finds that approving the Agreement is in the public interest; and WHEREAS, on September 16, 2022, the City's SEPA official issued a Mitigated Determination of Non -significance for the development and no appeals were filed in a timely manner; and Page 123 of 358 Back to Agenda Ordinance No. _ Page 3 of 4 WHEREAS, the City Council held a public hearing on May 9, 2023 regarding this Agreement and (comments received/not received, etc); and WHEREAS, the City Council, after careful consideration of the Development Agreement and all public comments and testimony, finds that the Development Agreement is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the Agreement in the best interests of the residents of the City; now, therefore, WHEREAS, after a public hearing, by Ordinance No. [xxx], the City Council authorized the Mayor to sign this Agreement with the Owner. THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings. The City Council adopts all of the "Whereas" sections of this ordinance and all "Whereas" sections of the Development Agreement as findings in support of this ordinance. SECTION 2. Authorization. The City Council approves of and authorizes the Mayor to execute a Development Agreement with Blueberry Apartments QOZB, LLC as provided in "Exhibit A" of this Ordinance. SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance, including but not limited to the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers, and any reference thereto. SECTION S. Effective Date. This Ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of publishing the entire Ordinance, as authorized by state law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 91" day of May 2023. Page 124 of 358 Back to Agenda ATTEST: Brandy Wallace, MMC, City Clerk Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Robert Putaansuu, Mayor I.yl0l►[.liell"i Scott Diener, Council Member Ordinance No. Page 4 of 4 EXHIBIT A: DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD AND BLUEBERRY APARTMENTS QOZB, LLC FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS Page 125 of 358 Back to Agenda DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD AND BLUEBERRY APARTMENTS QOZB, LLC FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS THIS DEVELOPMENT AGREEMENT is made and entered into this day of , 2023, by and between the City of Port Orchard, a non -charter, optional code Washington municipal corporation, hereinafter the "City," and Blueberry Apartments QOZB, LLC, a Washington limited liability company, hereinafter the "Owner" (individually, a "Party" and collectively, the "Parties"). The Parties hereby agree as follows: RECITALS WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.70B.170(1)); and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to, govern, and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code ("POMC" or "Code") which establishes the standards and procedures for Development Agreements in Port Orchard; and WHEREAS, Chapter 20.26 POMC is consistent with State law; and WHEREAS, the Owner has applied for a Development Agreement under Chapter 20.26 POMC on March 27, 2023 and such Agreement has been processed consistently with the POMC and State law; and WHEREAS, this Development Agreement by and between the City of Port Orchard and the Owner (hereinafter the "Development Agreement" or "Agreement"), relates primarily to the development of property owned by Owner at 4330 and 4336 Bethel Rd SE, Port Orchard, Washington (Kitsap County Tax Parcels #022301-4-043-2007, 022301-4-012-2004, 022301-4- 026-2008) (hereinafter, the "Property"); and WHEREAS, the Owner proposes to develop the Property with a multi -family development consisting of 108 multifamily units within six buildings, parking for 183 vehicles, landscaping, Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 1 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 126 of 358 Back to Agenda outdoor amenity areas, and associated site improvements (collectively, the "Development Project" or City Permit No. PW22-005); and WHEREAS, on August 2, 2022 the City issued a demolition permit (22-668) to the Owner for two detached houses on the Property; and WHEREAS, in the calculation of traffic impacts and upon demolition or termination of a use, POMC 20.180.005(4) allows capacity evaluation credit for the net increase of impacts to City road facilities; and WHEREAS, the Development Project creates a net increase of impacts to City road facilities from 106 multifamily units; and WHEREAS, the City is undertaking review of the Development Project pursuant to the POMC and has undertaken State Environmental Policy Act ("SEPA") review for the Development Proposal with the issuance of a Mitigated Determination of Non -significance issued on September 16, 2022 ("MDNS"). The MDNS for the Development Project was not timely appealed; and WHEREAS, associated the Development Project, the Owner proposes dedicate certain property ("Transportation Improvement Project Property") to the City for the purpose of the City's construction of a portion of a City transportation improvement defined as Project 2.04A on the impact fee study as defined herein as the "Transportation Improvement Project" which property dedication is eligible for a transportation impact fee credit pursuant to RCW 82.02.060(4) and POMC 20.182.080; and WHEREAS, the Transportation Improvement Project Property dedication is necessary for the City's development of the Transportation Improvement Project which will benefit the Development Project and the general public; and WHEREAS, this Agreement governs the dedication of the Transportation Improvement Project Property to the City and the respective transportation impact fee credits that will result from the Owner dedicating the Transportation Improvement Project Property; and WHEREAS, POMC 20.32.100 requires a minimum ground floor elevation of two feet for all "Apartment" building types and the Parties agree that, as proposed, the Development Project provides an equal or better ground floor privacy for residents and aesthetic screening than could be provided with strict adherence to the Code, therefore, the City has agreed that Owner may depart from the requirements of POMC 20.32.100 in the following manner: no minimum ground floor elevation shall be applied; and WHEREAS, except with regard to this Transportation Improvement Project Property dedication and the respective applicable transportation impact fee credits, and the departure from POMC 20.32.100 as described herein, this Agreement does not establish or modify the standards or conditions for the underlying Development Project which is being undertaken in accordance Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 2 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 127 of 358 Back to Agenda with applicable code and regulations; and WHEREAS, in consideration of the benefits conferred by this new Agreement, which reflect the current plans of both the City and the Owner and include a transportation impact fee credit calculation, the Parties deem it in their best interests to enter into this Agreement; and WHEREAS, the City Council held a public hearing on May 9, 2023 regarding this Agreement; and WHEREAS, after a public hearing, by Ordinance No. [xxx], the City Council authorized the Mayor to sign this Agreement with the Owner. AGREEMENT Section 1. The Property. The Property comprises 4330 and 4336 Bethel Rd SE, Port Orchard, Washington (Kitsap County Tax Parcels #022301-4-043-2007, 022301-4-012-2004, and 022301-4-026-2008). The Property is described on Exhibit A which is attached hereto and incorporated herein by this reference as if set forth in full. A map of the Property is shown Exhibit B on which is attached hereto and incorporated herein by this reference as if set forth in full. Section 2. Transportation Improvement Project Property. Pursuant to this Agreement, Owner shall be responsible for the dedication of the Transportation Improvement Project Property to the City as described herein. a) Transportation Improvement Project t Property. Owner shall dedicate certain property necessary for the City to construct a portion the Bethel Phase 1 Project located at the intersection of Blueberry Road and Bethel Avenue, Project 2.04A on the City impact fee study (defined herein as the "Transportation Improvement Project Property") as shown in Exhibit C. The exact dimensions and configuration of the Transportation Improvement Project Property will be determined following completion of final design of the Transportation Improvement Project. The roadway portion will be constructed by the City at a future date. The dedication of the Transportation Improvement Project Property shall be eligible for transportation impact fee credits as provided in Section 8 of this Agreement. b) Transportation Impact Fee Credit Applicability. The transportation impact fee credits authorized by this Agreement are only applicable to pending Building Permit application 22-671, 22-672, 22-673, 22-674, and 22-675 for the Property(ies) identified on Exhibit B. Section 3. Definitions. As used in this Agreement, the following terms, phrases, and words shall have the meanings and be interpreted as set forth in this Section. a) "Adopting Ordinance" means the Ordinance which approves this Agreement, as required by RCW 36.70B.200 and Chapter 20.26 POMC. b) "Council" or "City Council" means the duly elected legislative body governing the Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 3 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 128 of 358 Back to Agenda City of Port Orchard. c) "Development Project" means the development of the Property with approximately 108 units of housing within six buildings, parking for 183 vehicles, landscaping, outdoor amenity areas, and associated site improvements, as shown in Exhibit B and approved by the City under Permit PW22-005 and associated with Building Permit No. 22-671, 22-672, 22-673, 22-674, and 22-675. d) "Director" means the City's Public Works Director. e) "Effective Date" means the effective date of the Adopting Ordinance. f) "Maximum credit" means the maximum amount of transportation impact fee credits to be provided by the City to the Owner for the Transportation Improvement Project Property dedication pursuant this Agreement. g) "Transportation Improvement Project" means the Transportation Improvement Project described above which serves both the Property and the greater community which will be undertaken by the City at a later date. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A — Legal Description of the Property. b) Exhibit B — Map of the Property and the Development Project and with permits listed in Section 2 identified. c) Exhibit C — Transportation Improvement Project Property showing the approximate location of property to be dedicated by Owner. The final determination on the exact property to be dedicated shall occur at a later date after final design of the Transportation Project is complete. Section 5. Parties to Development Agreement. The Parties to this Agreement are: a) The "City" is the City of Port Orchard, whose office is located at 216 Prospect Street, Port Orchard, WA 98366. b) The "Owner" is a private enterprise which owns the Property in fee, and whose principal office is located at 7809 Pacific Avenue, Tacoma WA 98408. Section 6. Term of Agreement; No Vesting to Fees. This Agreement shall commence upon the Effective Date and shall continue in force for a period of five (5) years unless extended or terminated as provided herein. Provided, however, that the Owner shall complete the Property Dedications as set forth in Section 7 below which shall be prior to expiration of this Agreement. Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 4 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 129 of 358 Back to Agenda The requirement to dedicate the Transportation Improvement Project Property shall survive expiration or termination of this Agreement. This Agreement does not vest the Owner to any fees. Fees shall be charged in accordance with the fee schedule that is in effect at the time that the building permits for the apartment complex are issued and all permit fees have been paid. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect except for such sections which are specifically intended to survive expiration or termination. Section 7. Property Dedication Schedule. The Owner will dedicate the Transportation Improvement Project Property which shown on Exhibit C, as it may be modified follow final design, to the City in a form acceptable to the City shall be completed within eighteen (18) months of the effective date of this Agreement. The Owner agrees that the City may withhold issuance of such Certificate of Occupancy (or any other Certificates of Occupancy for the Development Project) until such time as the dedications have been completed. If this property dedication is not exempt from real estate excise tax, then the City shall pay any real estate excise tax so due on this transfer. This section shall survive termination of the Agreement. Section 8. Impact Fee Credits for Transportation Improvement Project Property dedication. a) Transportation Impact Fee Credit. The maximum amount of the transportation impact fee credit for the Transportation Improvement Project Property dedication to be made by Owner under this Agreement shall be limited to the lessor of. the total Transportation Impact Fees due on the Project (currently calculated as an estimated $245,245.84), or the value of the Transportation Improvement Project Property dedication as determined in Section 9, or the City's estimated cost for the portion of Project 2.04A ($1,740,094) ("Maximum Transportation Impact Fee Credit"). The credits provided under this Section are limited to this Maximum Transportation Impact Fee Credit. Once the Maximum Transportation Impact Fee Credit has been achieved through credits applied to Owner for the Development Project, Owner will be required to comply with the impact fee provisions of the Code for any further development of the Property that requires payment of transportation impact fees, including payment of any transportation impact fees incurred over and above the Maximum Transportation Impact Fee Credit. b) Credit Granted. The City hereby grants the Owner a credit against transportation impact fees for fair market value of the Transportation Improvement Project Property as set forth in this Agreement and as calculated under the provisions contained Sections 8 and 9. The total estimated transportation impact fee required for the Development Project is currently estimated as $245,245.84. The Owner shall pay the transportation impact fees based on the rate schedule in effect at the time payment has been made to the City for building permits 22-671, 22-672, 22-673, 22-674, and 22-675. Such payment shall be made as set forth below in subsection "c" prior to issuance of such permits by the City. Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 5 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 130 of 358 Back to Agenda c) Transportation Impact Fees to be Deposited into Escrow. The Parties agree that the estimated transportation impact fees due will likely substantially exceed the credit granted by the City for the dedication of the Transportation Improvement Project Property. Therefore, the Parties agree that Owner shall establish an escrow account at a Washington escrow company of its choosing and will deposit therein the full transportation impact fees due (no credit applied). The escrow agreement for such deposit(s) shall be in a form acceptable to the City. Such deposit(s) shall be made and evidence thereof presented to the City prior to issuance of any building permits for the Property. To the extent additional permits are issued at different times, additional deposits of the then -due transportation impact fees shall be made with evidence thereof provided to the City prior to permit issuance. The escrow agreement for holding the fees shall include the following provisions: (1) no funds shall be released to any Party until (a) a fair market value for the Transportation Improvement Project Property has been established in accordance with Section 9 below; (b) the dedication has been completed by the Owner and accepted by the City; and (c) the City has certified the total Maximum Transportation Impact Fee Credit due to the Owner and has provided such certification to the escrow company; (2) the escrow company will release the certified credit amount to the Owner and release the remaining escrow funds to the City; (3) any interest that has accrued on the escrow account shall be split and distributed according to the proportion released to each Party; (4) if the Owner fails to dedicate the Transportation Improvement Project Property to the City in accordance with the terms of this Agreement, then the City may request and the escrow company shall release all funds and interest thereon to the City within 15 days of receipt of the City's request. d) Owner shall dedicate the Transportation Improvement Project Property to the City generally as shown on Exhibit C, but in the final configuration as determined following the final design of the Transportation Improvement Project by the City. Owner shall complete such dedications no later than eighteen (18) months after the effective date of this Agreement or prior to the City's issuance of a Certificate of Occupancy for the first building permit for the Development Project, whichever time period is shorter. c) In the event Owner defaults on any requirement under this Agreement, or defaults on dedicating the Transportation Improvement Project Property, the City's remedies include obtaining the release of transportation impact fee funds and interest thereon from escrow and/or holding any outstanding Certificates of Occupancy until such time the Transportation Improvement Project Property dedication is completed, including the Parties' agreement on valuation, and any outstanding impact fees are paid in full or credited. d) The City agrees that these credits are consistent with RCW 82.02.060(4) and that they are consistent with POMC 20.182.080. Section 9. Valuation of Property Dedications. The Parties agree to value the Transportation Improvement Project Property to be dedicated will be set as the fair market value Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 6 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 131 of 358 Back to Agenda as described in this subsection. The Parties shall value the Transportation Improvement Project Property as follows: The Owner shall hire a certified property appraiser, pay for the appraisal, and provide a copy of that appraisal report to the City. The date for valuation purposes, including but not limited to sales comparisons used for the valuation, shall be the effective date of this Agreement. The City shall use its best efforts to review the appraisal report and provide a response to Owner on the valuation within 30 days of receipt. If both the City and the Owner agree that the appraisal is fair and reasonable, then the appraised value will be accepted as the Property value for transportation impact fee credit purposes. If the City disagrees with the appraisal, then the City may hire its own appraiser to perform a second appraisal at the Owner's expense. The date for valuation purposes shall be the same as used in the Owner's appraisal. The City shall use its best efforts to obtain an appraisal report within 60 days of notice to the Owner of its disagreement with Owner's appraisal. If that second City -initiated appraisal is within twenty (20) percent of the value established by the first Owner -initiated appraiser, then the Parties will take the mid -point between the two appraisals and use that as the fair market value. If the appraisals are more than 20 percent apart, the Parties have the option of either agreeing to a value or establishing another method to set the fair market value of the Transportation Improvement Project Property. If the Parties are unable to agree, then they shall submit the valuation decision to binding arbitration with a mutually agreeable arbitrator, or if they cannot agree on an arbitrator then the Parties will submit the valuation dispute to Judicial Dispute Resolution, LLC. Each Party shall pay one half of the costs of arbitration. Section 10. Other Impact Fees. The Development Project is subject to the City's impact fee requirements of POMC Ch. 20.182. Owner shall pay the applicable impact fees for the Development Project at the rates in effect at the time each fully complete building permit application is submitted. Section 11. Ground Floor Elevation Modification. The Development Project is not subject to the minimum two foot (2') ground floor elevation requirement that is set forth in POMC 20.32.100 as applicable to all "Apartment" building types, regardless of site topography or other design considerations. The Development Project provides equal or better ground floor privacy for residents and aesthetic screening than could be provided with strict adherence to the Code, therefore, the City has agreed that Owner may depart from the requirements of POW 20.32.100 in the following manner: no minimum ground floor elevation shall be applied. Section 12. Default. a) Subject to extensions of time by mutual consent in writing, failure, or delay by either Party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the Party alleging such default or breach shall give the other Party not less than thirty (30) days' notice in writing, specifying the nature of the alleged default and the manner in which said default may be cured. During this thirty (30) day period, the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings. b) After notice and expiration of the thirty (30) day period, if such default has not been Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 7 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 132 of 358 Back to Agenda cured or is not being diligently cured in the manner set forth in the notice, the other Party to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as provided in the POMC for violations of this Agreement and the Code. Section 13. Termination. This Agreement shall terminate five (5) years after Effective Date. Upon termination and upon the request of the Owner, the City shall record a notice of such termination in a form satisfactory to the Parties that the Agreement has been terminated. Section 14. Extension and Modification. Any request for extension or modification, if allowed under the City's code, shall be subject to the provisions contained in POMC Chapter 20.26 POMC. Section 15. Effect upon Termination on Owner. Termination of this Agreement as to the Owner shall not affect any of the Owner's respective obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or other land use entitlements approved with respect to the Property, or obligations to pay assessments, liens, fees, or taxes. Furthermore, if the Agreement expires without the Transportation Improvement Project costs being fully recovered by impact fee credit or mitigation funds, the Owner will no longer be eligible to receive such credits. Section 16. Effects upon Termination on City. Upon any termination of this Agreement as to the Property, or any portion thereof, the City will be under no obligation to provide any additional credits or reimbursement to Owner even if the Transportation Improvement Project costs have not been fully recovered at the time of expiration or termination. Section 17. Assignment and Assumption. The Owner shall have the right to sell, assign or transfer this Agreement with all rights, title, and interests therein to any person, firm, or corporation at any time during the term of this Agreement with a sale of the underlying property. Owner shall provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the Property, at least 30 calendar days in advance of such action; provided; however, failure to strictly comply with the 30 calendar day notice provision shall not be considered a breach of this Agreement. Section 18. Binding on Successors; Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the Parties. The Owner and every purchaser, assignee or transferee of an interest in the Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a Party thereto, but only with respect to the Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of the Owner contained in this Agreement, as such duties and obligations pertain to the portion of the Property sold, assigned, or transferred to it. Section 19. Amendment to Agreement; Effect of Agreement on Future Actions. No Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 8 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 133 of 358 Back to Agenda waiver, alteration, or modification to any of the provisions of this Agreement shall be binding unless in writing, signed by the duly authorized representatives of the Parties, be consistent with Chapter 20.26 POMC, and, where considered substantive as determined by the Director, follow the same procedures set forth in Chapter 20.26 POMC. Nothing in this Agreement shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations after the Effective Date of this Agreement. Section 20. General release. Owner may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee, or transferee expressly assumes the obligations under this Agreement as provided herein, including the obligation to timely dedicate the Transportation Improvement Project Property. Section 21. Notices. Notices, demands, correspondence to the City and/or Owner (as applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the Parties as designated in "Written Notice" Section 33 below. Notice to the City shall be to the attention of both the City Clerk and the City Attorney. Notices to successors -in -interest of the Owner shall be required to be given by the City only for those successors -in -interest who have given the City written notice of their address for such notice. The parties hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 22. Reimbursement for Agreement Expenses of the City. Owner agrees to reimburse the City for actual expenses incurred over and above fees paid by Owner as an applicant incurred by City directly relating to this Agreement, including recording fees, publishing fees, attorneys' fees, and reasonable staff and consultant costs not otherwise included within application fees; provided however, the City shall provide written notice to Owner if the expenses to the City are anticipated to exceed Twenty -Five Thousand Dollars and No Cents ($25,000.00) and the Parties shall meet and confer regarding the City's anticipated costs. Upon payment of all expenses, the Owner may request written acknowledgement of all fees. Such payment of all fees shall be remitted to the City, at the latest, within thirty (30) days from the City's presentation of a written statement of charges to the Owner. Section 23. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the Parties' intent to work cooperatively and to resolve disputes in an efficient and cost-effective manner. All disputes arising out of or relating to this Agreement shall be resolved as follows: a) Settlement Meeting. If any dispute arises between the Parties relating to this Agreement, then the Parties shall meet and seek to resolve the dispute, in good faith, within ten (10) working days after a Party's request for such a meeting. The City shall send the Mayor, Community Development Director, Public Works Director, and/or the Mayor's designee and any persons with information relating to the dispute, and Owner shall send an owner's representative and any consultant or other person with technical information or expertise related to the dispute. b) Court. If the Parties cannot resolve the matter in a settlement meeting, then jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington, or the U.S. District Court for Western Washington, as applicable. This Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 9 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 134 of 358 Back to Agenda Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The non -prevailing Party in any action brought to enforce this Agreement shall pay the other Parties' expenses and reasonable attorney's fees. Section 24. No Third -Party Beneficiaries. Except as otherwise provided herein, this Agreement shall not create any rights enforceable by any party who is not a Party to this Agreement. Section 25. City's right to breach. The Parties agree that the City may, without incurring any liability, engage in action that would otherwise be a breach if the City makes a determination on the record that the action is necessary to avoid a serious threat to public health and safety, or if the action is required by federal or state law. Section 26. Owner's Compliance. The City's duties under the Agreement are expressly conditioned upon the Owner's substantial compliance with each and every term, condition, provision, and/or covenant in this Agreement, including all applicable federal, state, and local laws and regulations and the Owner's obligations as identified in any approval or project permit for the property identified in this Agreement. Section 27. Limitation on City's Liability for Breach. Any breach of this Agreement by the City shall give right only to damages under state contract law and shall not give rise to any liability under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution, including but not limited to 42 U.S.C. § 1983, or similar state constitutional provisions. Section 28. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party to challenge this Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Owner. In such event, Owner shall hold the City harmless from and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation. The Owner shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 29. Specific Performance. The Parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the Parties are entitled to compel specific performance of all material terms of this Agreement by any Party in default hereof. Section 30. Recording. This Agreement shall be recorded against the Property with the real property records of the Kitsap County Auditor. During the term of the Agreement, it is binding upon the owners of the property and any successors in interest to such property. Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 10 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 135 of 358 Back to Agenda Section 31. Severability. This Agreement does not violate any federal or state statute, rule, regulation or common law known; but any provision which is found to be invalid or in violation of any statute, rule, regulation or common law shall be considered null and void, with the remaining provisions in the Agreement remaining viable and in effect. Section 32. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred 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 and remain in full force and effect. Section 33. Written Notice. All written communications regarding enforcement or alleged breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Unless otherwise specified, any written notice hereunder shall become effective upon the date of both emailing and mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated below: NAME OF OWNER: Blueberry Apartments QOZB, LLC Attn. Steve Novotny 7809 Pacific Avenue Tacoma WA 98408 powermystro@gmail.com CITY: Mayor City of Port Orchard 216 Prospect Street Port Orchard WA 98366 rputaansuu@portorchardwa. gov Copies shall also be transmitted to the City Clerk and City Attorney at the above address. Section 34. Time is of the essence. All time limits set forth herein are of the essence. The Parties agree to perform all obligations under this Agreement with due diligence. Section 35. Covenant of Good Faith and Cooperation. The Parties agree to take further actions and execute further documents, either jointly or within their respective power and authority, to implement the intent of this Agreement. Each Party covenants to use its best efforts and work cooperatively in order to secure the benefits and rights under this Agreement. The Parties shall not unreasonably withhold approvals or consents provided for in this Agreement. Each Party shall execute and deliver to the other all further documents as are reasonably necessary to carry out this Agreement, including the Transportation Improvement Project, the property dedications, and Development Project, as may be necessary to provide a Party with a full and complete enjoyment of its rights and privileges under this Agreement. Section 36. Interpretation. This Agreement has been reviewed and revised by legal counsel for both Parties, and no presumption or rule construing ambiguity against the drafter of the document shall apply to the interpretation or enforcement of this Agreement. Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 11 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 136 of 358 Back to Agenda Section 37. Counterparts. The Agreement may be signed in two or more counterpart copies with the same effect as if the signature of each counterpart copy were on a single instrument. Each counterparty shall be deemed as an original as to the Party whose signature it bears, and all such counterparts shall constitute one document. Section 38. Entire Agreement. The written provisions and terms of this Agreement, together with the Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the Parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Agreement. The entire agreement between the Parties with respect to the subject matter hereunder is contained in this Agreement and exhibits thereto. IN WITNESS WHEREOF, the Parties have executed this Agreement on this day of , 2023. BLUEBERRY APARTMENTS QOZB, LLC Steve Novotny Its: APPROVED AS TO FORM: NAME Attorney for Owner CITY OF PORT ORCHARD By: Robert Putaansuu Its: Mayor APPROVED AS TO FORM: Jennifer S. Robertson Attorney for Port Orchard ATTEST: Brandy Wallace, MMC Port Orchard City Clerk EXHIBITS TO AGREEMENT: Exhibit A — Legal Description of the Property being developed by Owner Exhibit B — Map of the Property and the Development Project and with permits listed in Section 2 identified Exhibit C — Transportation Improvement Project Property dedication map Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 12 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 137 of 358 Back to Agenda NOTARY BLOCK FOR PORT ORCHARD STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Robert Putaansuu is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port Orchard to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: 12023. (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 13 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 138 of 358 Back to Agenda NOTARY BLOCK FOR BLUEBERRY APARTMENTS QOZB, LLC STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that Steve Novotny is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the of Blueberry Apartments QOZB, LLC, a Washington limited liability company to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: , 2023. (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at:_ My Commission expires: Development Agreement for Funding Transportation Improvements & Right of Way Dedication Blueberry Apartments Page 14 of 16 iManage\366922\0047\ 10600329.v3-3/30/23 Page 139 of 358 W7, N Kitsap County �>Back to A. - Parcel Details Parcel #: 022301-4-043-2007 **NO SITUS ADDRESS ** View: Receipt(s) on file [Click here to Pay by Credit Card - 3rd party fee applies] [Click here to Print] [Click here to Pay by E-Check - Free] 2023 WEB TAX STATEMENT Peter J Boissonneau MAKE REMITTANCES PAYABLE TO: Printed:03/02/2023 Kitsap County Treasurer PO Box 169 BLUEBERRY APARTMENTS QOZB LLC ""s"'""°" Port Orchard, WA 98366 7809 PACIFIC AVENUE TACOMA, WA 98408 Account Number For Informational Purposes Only GENERAL TAX DISTRIBUTION Process Number 1040187 2022 022301-4-043- — — 2007 xpayer Name: S1ArE GENERAL rLBUEBERRYY APARTMENTS QOZB LLC REGIONAL Tax Property Description LIBRARv LOCALSCHOOL 02231E COUNTY THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST CITY QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN PORT KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING FIRE AT POINT 990 FEET SOUTH OF THE NORTHEAST CORNER OF THE PLO SOUTHEAST QUARTER OF SAID SECTION 2, THENCE SOUTH 330 FEET; 2022 Total: THENCE WEST 660 FEET; THENCE NORTH 330 FEET; THENCE EAST 660 FEET TO THE POINT OF BEGINNING; EXCEPT RAMSEY ROAD SE; AND EXCEPT THAT PORTION LYING WITHIN SHORT SUBDIVISION NO. 2586, RECORDED UNDERAUDITOR'S FILE NO. 8103110065; AND EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR BLUEBERRY ROAD SE UNDER AUDITOR'S FILE NO. 200904300075; AND EXCEPT THE EAST 30 FEET FOR BETHEL ROAD. VALUE INFORMATION FOR TAX zozz 202 Land: $112,230 $120,180 Buildings, etc.: $0 $0 TOTALVALUE: $112,230 $120,180 $1,121 2023 1 GENERAL $298.34 NAL $33.19 cY SCHOOL $253.28 Y $78.29 $134.73 $23.69 $183.99 $5.37 Total: $1,010.88 Current Taxes ASSESSMENT 2022 2023 Noxious Weed $2.04 $2.0 smt Total $2.04 $2. TOTAL TAXABLE VALUE:(Land + Buildings, etc. minus Qualifying Exemptions) rr •2023 General Property Tax + $112,230 $120,180 lAssessments = $1,012.92 Levy Code 0810 General Levy Rate per $1000 TOTAL AMOUNT DUE: $1,012.92 8.4116 First half taxes paid afterApril 30th will Click here for Levy Informs n) 'gage 140 of 358 incur interest plus penalty computed on the Voted Rate --25.1 %Voter Approved FULL year amount (RCW 84.56.020). LU23-Dev Agreement-01 Parcel Location: No address on file Parcel Details Parcel #: 022301-4-012-2004 4330 BETHEL RD SE PORT ORCHARD, WA 98366 rt O D ca M M CL 0 View: Receipts) on file [Click here to Pay by Credit Card - 3rd party fee applies] [Click here to Print] [Click here to Pay by E-Check - Free] 2023 WEB TAX STATEMENT Peter J Boissonneau MAKE REMITTANCES PAYABLE TO: Printed:03/02/2023 Kitsap County Treasurer PO Box 169 BLUEBERRY APARTMENTS QOZB LLC W<SHIxGTOa Port Orchard, WA 98366 7809 PACIFIC AVENUE TACOMA, WA 98408 Account Number —For informational Purposes Only ** GENERAL TAX DISTRIBUTION Process Number 1039874 2022 022301-4-012- 2004 axpayer Name: STATE GENERAL BLUEBERRY APARTMENTS QOZB LLC REGIONAL Tax Property Description LIBRARY LOCALSCHOOL 02231E COUNTY LOTA, SHORT SUBDIVISION NO.2586, RECORDED UNDERAUDITOR'S FILE CITY NO. 8103110065, BEING A PORTION OF THE NORTHEAST QUARTER OF THE FORT SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, FIRE W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION Put) CONVEYED TO KITSAP COUNTY FOR BLUEBERRY ROAD SE UNDER 2022 Total: AUDITOR'S FILE NO. 200904300075 VALUE INFORMATION FOR TAX 2022 2023 Land: $110,010 $117,800 Buildings, etc.: $459,220 $566,180 TOTAL VALUE: $569,230 $683,980 2023 $1,579.74 SWE GENERAL $1,697.92 REGIONAL $185.21 $188.89 LIBRARY $1,626.42 LOCAL SCHOOL $1,441.49 $437.11 OUNTY $445.66 $723.60 1TY $766.82 $131.79 PORT $134.80 $973.95 FIRE $1,047.15 $30.00 IUD $30.59 $5,687.82 023 Total: $5,753.32 Current Taxes SSESSMENT 2022 2023 Noxious Weed $2.06 $2.06 smt Total $2.06 $2.06 TOTAL TAXABLE VALUE#and + Buildings, etc. minus Qualifying Exemptions) 2023 General Property Tax + $569,230 $683,980 lAssessments = $5,755.38 Levy Code 0810 General Levy Rate per $1000 TOTAL AMOUNT DUE: $5,755.38 8.4116 First half taxes paid after April 30th will [Click here for Levy Information] incur interest plus penalty computed on the Voted Rate --25.1 %Voter Approved FULL year amount (RCW 84.56.020). Parcel Location: 4330 BETHEL RD SE Page 141 of 358 Parcel Details Parcel #: 022301-4-026-2008 4336 BETHEL RD SE PORT ORCHARD, WA 98366 rt O D ca M M CL 1W View: Receipt(s) on file [Click here to Pay by Credit Card - 3rd party fee applies] [Click here to Print] [Click here to Pay by E-Check - Free] 2023 WEB TAX STATEMENT Peter J Boissonneau MAKE REMITTANCES PAYABLE TO: Plinted:03102/2023 Kitsap County Treasurer PO Box 169 BLUEBERRY APARTMENTS QOZB LLC W45X1NGTO� Port Orchard, WA 98366 7809 PACIFIC AVENUE TACOMA, WA 98408 Account Number '• For Informational Purposes Only GENERAL TAX DISTRIBUTION Process Number 1040013 2022 022301-4-026- 2008 aXpayer Name: STATE GENERAL [BLUEBERRY APARTMENTS QOZB LLC REGIONAL Tax Property Description "B"`Y LOCALSCHOOL 02231E COUNTY LOT B, SHORT SUBDIVISION NO. 2586, RECORDED UNDERAUDITOR'S FILE CITY NO. 8103110065, BEING A PORTION OF THE NORTHEAST QUARTER OF THE pORT SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, FIRE W.M., IN KITSAP COUNTY, WASHINGTON, EXCEPT THAT PORTION PUD CONVEYED TO KITSAP COUNTY FOR BLUEBERRY ROAD SE UNDER 2022 Total: AUDITOR'S FILE NO. 200904300075 VALUE INFORMATION FOR TAX 6EF 2022 202 Land: $395,430 $293,190 Buildings, etc.: $20,650 $210,220 TOTAL VALUE: $416,080 $503,410 2023 $1,154.72 3TATE GENERAL $1,249.67 REGIONAL $135.38 $139.02 LIBRARY $1,188.83LOCAL SCHOOL $1,060.94 $319.51 OUNTY $328.00 $528.92 ITY $564.38 $96.33 PORT $99.21 $711.92 FIRE $770.71 $21.93PUD $22.51 $4,157.54 2023Total: $4,234.44 Current Taxes ASSESSMENT 2022 2023 Noxious Weed $2.00 $2.00 smt Total $2.00 $2.00 TOTAL TAXABLE VALUE:(Land + Buildings, etc. minus Qualifying Exemptions) 2023 General Property Tax + $4%080 $503,410 lAssessments = $4,236.44 Levy Code 0810 General Levy Rate per $1000 TOTAL AMOUNT DUE: $4,236.44 8.4116 First half taxes paid after April 30th will [Click here for Levy Information] incur interest plus penalty computed on the Voted Rate --25.1 % Voter Approved FULL year amount (RCW 84.56.020). Parcel Location: 4336 13E`16ig Of 35 GRAPHIC SCALE 0 40 80 1 INCH = 40 FEET (22"x34") 1 INCH = 80 FEET (11'IxIT') APPLICANT TREVOR COLBY, PRINCIPAL - KCI COMMERCIAL, INC P.O. BOX 6979 TACOMA, WA 98417 EMAIL: TREVOR@KCIWA.COM PHONE OFFICE: (253) 475-4363 PHONE CELL: (253) 226-6911 ENGINEER JEREMY HAUG, PE CONTOUR ENGINEERING, LLC. 3309 56TH ST NW, SUITE 106 GIG HARBOR, WA 98335 PHONE: (253) 857-5454 GEOTECHNICAL ENGINEER GEORESOURCES 4809 PACIFIC HWY E FIFE, WA 98424 PHONE: (253) 896-1011 LANDSCAPE ARCHITECT ERIC WILLIAMS W DSTU DI070 @YA H 00 . CO M PHONE: (253) 678-4173 SURVEYOR INFORMED LAND SURVEY PO BOX 5137 TACOMA, WA 98415 PHONE: (253) 627-2070 ARCHITECT SYNTHESIS 9, LLC 523 NORTH D. ST. TACOMA WA. 98403-3215 CONTACT: BRETT LINDSAY (253)468-4117 WATER & SEWER PROVIDER WEST SOUND UTILITY DISTRICT 2924 SE LUND AVE PORT ORCHARD, WA 98366 (360)876-2545 BLUEBERRY APARTMENTS A PORTION OF SECTION 2, TOWNSHIP 23N, RANGE 01 E, W.M., CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON SITE DATA TOTAL AREA: 5.04 ACRES PARCEL NUMBER(S): 022301-4-043-2007, 052301-4-012-2004, 022301-4-026-2008 SITE ADDRESS: 4330 BETHAL RD SE PORT ORCHARD, WA 98366 ZONING: CMU - COMMERCIAL MIXED USE SETBACKS: PRIMARY STREET: 0' MIN./10' MAX. SIDE STREET: 0' MIN./10' MAX. SIDE INTERIOR: 0' MIN. REAR: 20' MIN. (IF ABUTTING AN ALLEY, 4' MIN.) IMPERVIOUS AREA TOTAL DEVELOPED IMPERVIOUS AREA: 136,507 SF (3.13 AC) BRIDGE MPZ p 5-2009 JpPN Q1-� Q223 OUNO 3/4' / / / 1 ON PIPE MMINGS 008 ;; /// AL C' QQ o38-0 — // AS1.0 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 C35 C36 C37 C38 C39 C40 C41 AG1.1 PAGE 1 2 3 4 6 7 8 90 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 SHEET INDEX SHEET TITLE COVER SHEET ARCHITECTURAL SITE PLAN (BY OTHERS) HORIZONTAL CONTROL EXISTING CONDITIONS DEMOLITION PLAN TESC PLAN TESC NOTES & DETAILS RAMSEY RD SE - PLAN & PROFILE RAMSEY RD SE - PLAN & PROFILE SE BLUEBERRY RD - PLAN & PROFILE SE BLUEBERRY RD - PLAN & PROFILE SE BLUEBERRY RD - PLAN & PROFILE BETHEL RD SE - PLAN & PROFILE BETHEL RD SE - PLAN & PROFILE OVERALL ONSITE GRADING PLAN OVERALL ONSITE UTILITIES PLAN ONSITE GRADING PLAN ONSITE GRADING PLAN ONSITE GRADING PLAN ONSITE GRADING PLAN ONSITE GRADING PLAN ONSITE GRADING PLAN ADA DETAIL GRADING ADA DETAIL GRADING ADA DETAIL GRADING ONSITE STORMWATER PLAN ONSITE STORMWATER PLAN ONSITE MC-3500 PROFILE ONSITE SANITARY SEWER PLAN ONSITE WATER PLAN NOTES AND DETAILS NOTES ADN DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS PROJECT INFORMATION (BY OTHERS) SITE VICINITY MAP NOT TO SCALE LEGEND CONTOURS - - PROPERTY LINE/RIGHT-OF-WAY RIGHT-OF-WAY DEDICATION - RIGHT-OF-WAY CENTERLINE - - - - - - - - EASEMENT --------------- BUILDING SETBACK SD STORM DRAIN LINE S- - - SANITARY SEWER LINE ROOF DRAIN LINE UT COMMON UTILITY TRENCH OHP OVERHEAD POWER LINE IS GAS LINE _ WATER LINE - - _ I - � � RETAINING WALL N NGUYE 0 Q9 1- Q ;; ;;; I �^ 0 IT- — r r-- I I I /, /„ ,,,,, I - i ;;;; ;;;;; ;;;;; ;;;;; ST TYPE I Up.N O 0,0 3 I I ——I----1 TYPE 1/TYPE 5635' W ;;; ,// I I 0° I I ;;;;; ;;;;; ,,,,, ,,,,, ,,,,, /,,,, °� S STORM DRAIN - - EY � SANITARY AUK ENDA P & - ,/ BLDG#3 ,. I� �s p �: d"0 I , I I ;;;; ;;;; I I. ;;;; ;;;; SANITARY SE R Y 36 O000 R TE 000 ;°C I I o o R � — ,,,, ;,,,, I`a2Q ;;;; ;�;;; �� 02 w 5635 — — �5 — — — W (n I I I° ` I I s l e ga I I L� I W;; 1 NSUN3.12�' 0 �� 2301 WATER NCAN IEM BLDG#51 Ln 0� o U .00 ' ENpAN 5 000'o3 I I BLDG#6 BR 563 ,,; I I s° I I I CL /, L /// APR I I 0 I I J a LU E T MCA o0 02�— ROBE o00'03 L.LI , GOAD 8& LU -2 0 — �AR L I— — — — — — U 301- 1— /,,,, ,,,,, 2 :ENZI------------------------� ,/,,, ,,,,, O1 0003 ;;; I I 5 1 TIN I g oo--— ———— —— I o00000000 RPN o e o o e o 0 0 0 0 0 0 o I IEI,PD 0 9 ROW -20 0R II6 4 10.0' SETBACK°LINE A 1 C Z 0 O o21 �0 03 00 01 Z 35,00 ASPHALT FL W LINE / / / THICKENED EDGE OF ASPHALT 56 - - - THICKENED EDGE OF I I I TEMPORARY GRADING AS HALT / /// I ASPHALT FLOW LINE I I I ° EASEMENT poLr BLDG#4 BLDG#2 / R T BECK I ;; ;;; 1 I I � BLDG# 1 pNE PROPOSED ROW LINE- r�RI5-ro FOUND BRASS DISK CH �/I' 005 NTH PUNCH 'AES & XIE /w p31-0 zo�ss /„/ �D 5635-000 SDEWALF � I EXISTING ROW LINE cil SE BLUEBERRY RD — — — — — — — — — FLOiy�I��/ FL6WLINE� 0� np THICKENED EDGE OF ASPHALT ,,,,/ ,/,,,,/ „ /,,,,,, �T — — — ,,,,, ,,,,,,,,,,,,,,, I RODSp,N �OQ3-2 RNp & 50 01-3- ;;; ps 012 5 c & ALL 06 UND �I. 20Q2 I I ��G ET P� NR51- 5 0-G ;;;j E 20 INCLE YELLOW LAN STRIPE P O 8 S P� � / / /� p�15E Q85' I Pp0 3Q1 41 � I I NE pTN ERTIE E�INE RAPER o04 1.022301 I 022 FINE 1�Y PR0029,2Q0 FI PMI�Y P�,j03 2 FP �301.A Fo2230 I — — Q2 � C PROPOSED 1 SD- SS- RD- UT- OHP G- W- 2 CATCHBASIN O■ 1L CATCHBASIN ■ CLEANOUT (SDCO) O SEWER MANHOLE GRAVEL VERIFICATION NOTE ALL EXISTING UTILITIES IN THE CONSTRUCTION AREA SHALL BE IDENTIFIED AND VERIFIED FOR DEPTH AND LOCATION PRIOR TO ANY CONSTRUCTION ACTIVITIES SO TO IDENTIFY ANY POTENTIAL CONFLICTS WITH PROPOSED CONSTRUCTION. CONTACT PROJECT ENGINEER IMMEDIATELY IF ANY CONFLICTS ARE IDENTIFIED. PRIOR TO ANY CONSTRUCTION ACTIVITIES, VERIFY EXISTING TOPOGRAPHY IS CONSISTENT WITH WHAT IS SHOWN ON PLANS AND IF THERE ARE ANY POTENTIAL CONFLICTS WITH PROPOSED CONSTRUCTION ACTIVITIES. CONTACT PROJECT ENGINEER IMMEDIATELY IF ANY CONFLICTS ARE IDENTIFIED. CALL 811 AT LEAST 48 HOURS BEFORE YOU DIG m w Q 0 z O d 0 W LU 0 z O V) LU V M JwoM M J z 3: :3 M i •�200-0 Q c: cy) L 0 Q = z0 OD Jc: 0 .- -0 o — 2 Z C) oC7V) W0o� WLIP °'z LU iI o 0�N m N z�)"ocn (! L � a � — Z Z U-) rn a) ��-o WnQ� zwln OP 0,� z M LU l� In M -0 (7 N -� z6 Q wc: J 0 c) ou l— a �V of WASgl `7V�y Gac 9 46 Digitally Si i5 �TEiL Jeremy Haug Date: 2023.01.05 15:53:40-08'00' 5 January 2023 M cfl M LO v m LO bi o z w = Q LU }LU co Lf m z m W /\ J Q O O LU O �Xa w Li 00 Q' U m F- Y 0 o H ~ LU Z F LU_ LUz 0 � U U DESIGNER: M. GOULARTE ENGINEER: J. HAUG DRAWN: A. KING S2 T23 N R01E WM DATE: 5 January 2023 REVISED: --.--.---- PROJECT: 21-142 DWG NAME: 21-142-C SHEET REV. C1 1 OF 42 Page 143 of 358 LU23-Dev Agreement- 01 GRAPHIC SCALE 0 40 80 1 INCH = 40 FEET (22"x34") 1 INCH = 80 FEET (11'IxIT') APPLICANT TREVOR COLBY, PRINCIPAL - KCI COMMERCIAL, INC P.O. BOX 6979 TACOMA, WA 98417 EMAIL: TREVOR@KCIWA.COM PHONE OFFICE: (253) 475-4363 PHONE CELL: (253) 226-6911 ENGINEER JEREMY HAUG, PE CONTOUR ENGINEERING, LLC. 3309 56TH ST NW, SUITE 106 GIG HARBOR, WA 98335 PHONE: (253) 857-5454 GEOTECHNICAL ENGINEER GEORESOURCES 4809 PACIFIC HWY E FIFE, WA 98424 PHONE: (253) 896-1011 LANDSCAPE ARCHITECT ERIC WILLIAMS W DSTU DI070 @YA H 00 . CO M PHONE: (253) 678-4173 SURVEYOR INFORMED LAND SURVEY PO BOX 5137 TACOMA, WA 98415 PHONE: (253) 627-2070 ARCHITECT SYNTHESIS 9, LLC 523 NORTH D. ST. TACOMA WA. 98403-3215 CONTACT: BRETT LINDSAY (253)468-4117 WATER & SEWER PROVIDER WEST SOUND UTILITY DISTRICT 2924 SE LUND AVE PORT ORCHARD, WA 98366 (360)876-2545 BLUEBERRY APARTMENTS A PORTION OF SECTION 2, TOWNSHIP 23N, RANGE 01 E, W.M., CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON SITE DATA TOTAL AREA: 5.04 ACRES PARCEL NUMBER(S): 022301-4-043-2007, 052301-4-012-2004, 022301-4-026-2008 SITE ADDRESS: 4330 BETHAL RD SE PORT ORCHARD, WA 98366 ZONING: CMU - COMMERCIAL MIXED USE SETBACKS: PRIMARY STREET: 0' MIN./10' MAX. SIDE STREET: 0' MIN./10' MAX. SIDE INTERIOR: 0' MIN. REAR: 20' MIN. (IF ABUTTING AN ALLEY, 4' MIN.) IMPERVIOUS AREA TOTAL DEVELOPED IMPERVIOUS AREA: 136,507 SF (3.13 AC) BRIDGE MPZ p 5-2009 JpPN Q1-� Q223 OUNO 3/4' / / / 1 ON PIPE MMINGS 008 ;; /// AL C' QQ o38-0 — // AS1.0 C3 C4 C5 C6 C7 C8 C9 C10 C11 C12 C13 C14 C15 C16 C17 C18 C19 C20 C21 C22 C23 C24 C25 C26 C27 C28 C29 C30 C31 C32 C33 C34 C35 C36 C37 C38 C39 C40 C41 AG1.1 PAGE 1 2 3 4 6 7 8 90 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 SHEET INDEX SHEET TITLE COVER SHEET ARCHITECTURAL SITE PLAN (BY OTHERS) HORIZONTAL CONTROL EXISTING CONDITIONS DEMOLITION PLAN TESC PLAN TESC NOTES & DETAILS RAMSEY RD SE - PLAN & PROFILE RAMSEY RD SE - PLAN & PROFILE SE BLUEBERRY RD - PLAN & PROFILE SE BLUEBERRY RD - PLAN & PROFILE SE BLUEBERRY RD - PLAN & PROFILE BETHEL RD SE - PLAN & PROFILE BETHEL RD SE - PLAN & PROFILE OVERALL ONSITE GRADING PLAN OVERALL ONSITE UTILITIES PLAN ONSITE GRADING PLAN ONSITE GRADING PLAN ONSITE GRADING PLAN ONSITE GRADING PLAN ONSITE GRADING PLAN ONSITE GRADING PLAN ADA DETAIL GRADING ADA DETAIL GRADING ADA DETAIL GRADING ONSITE STORMWATER PLAN ONSITE STORMWATER PLAN ONSITE MC-3500 PROFILE ONSITE SANITARY SEWER PLAN ONSITE WATER PLAN NOTES AND DETAILS NOTES ADN DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS NOTES AND DETAILS PROJECT INFORMATION (BY OTHERS) SITE VICINITY MAP NOT TO SCALE LEGEND CONTOURS - - PROPERTY LINE/RIGHT-OF-WAY RIGHT-OF-WAY DEDICATION - RIGHT-OF-WAY CENTERLINE - - - - - - - - EASEMENT --------------- BUILDING SETBACK SD STORM DRAIN LINE S- - - SANITARY SEWER LINE ROOF DRAIN LINE UT COMMON UTILITY TRENCH OHP OVERHEAD POWER LINE IS GAS LINE _ WATER LINE - - _ I - � � RETAINING WALL N NGUYE 0 Q9 1- Q ;; ;;; I �^ 0 IT- — r r-- I I I /, /„ ,,,,, I - i ;;;; ;;;;; ;;;;; ;;;;; ST TYPE I Up.N O 0,0 3 I I ——I----1 TYPE 1/TYPE 5635' W ;;; ,// I I 0° I I ;;;;; ;;;;; ,,,,, ,,,,, ,,,,, /,,,, °� S STORM DRAIN - - EY � SANITARY AUK ENDA P & - ,/ BLDG#3 ,. I� �s p �: d"0 I , I I ;;;; ;;;; I I. ;;;; ;;;; SANITARY SE R Y 36 O000 R TE 000 ;°C I I o o R � — ,,,, ;,,,, I`a2Q ;;;; ;�;;; �� 02 w 5635 — — �5 — — — W (n I I I° ` I I s l e ga I I L� I W;; 1 NSUN3.12�' 0 �� 2301 WATER NCAN IEM BLDG#51 Ln 0� o U .00 ' ENpAN 5 000'o3 I I BLDG#6 BR 563 ,,; I I s° I I I CL /, L /// APR I I 0 I I J a LU E T MCA o0 02�— ROBE o00'03 L.LI , GOAD 8& LU -2 0 — �AR L I— — — — — — U 301- 1— /,,,, ,,,,, 2 :ENZI------------------------� ,/,,, ,,,,, O1 0003 ;;; I I 5 1 TIN I g oo--— ———— —— I o00000000 RPN o e o o e o 0 0 0 0 0 0 o I IEI,PD 0 9 ROW -20 0R II6 4 10.0' SETBACK°LINE A 1 C Z 0 O o21 �0 03 00 01 Z 35,00 ASPHALT FL W LINE / / / THICKENED EDGE OF ASPHALT 56 - - - THICKENED EDGE OF I I I TEMPORARY GRADING AS HALT / /// I ASPHALT FLOW LINE I I I ° EASEMENT poLr BLDG#4 BLDG#2 / R T BECK I ;; ;;; 1 I I � BLDG# 1 pNE PROPOSED ROW LINE- r�RI5-ro FOUND BRASS DISK CH �/I' 005 NTH PUNCH 'AES & XIE /w p31-0 zo�ss /„/ �D 5635-000 SDEWALF � I EXISTING ROW LINE cil SE BLUEBERRY RD — — — — — — — — — FLOiy�I��/ FL6WLINE� 0� np THICKENED EDGE OF ASPHALT ,,,,/ ,/,,,,/ „ /,,,,,, �T — — — ,,,,, ,,,,,,,,,,,,,,, I RODSp,N �OQ3-2 RNp & 50 01-3- ;;; ps 012 5 c & ALL 06 UND �I. 20Q2 I I ��G ET P� NR51- 5 0-G ;;;j E 20 INCLE YELLOW LAN STRIPE P O 8 S P� � / / /� p�15E Q85' I Pp0 3Q1 41 � I I NE pTN ERTIE E�INE RAPER o04 1.022301 I 022 FINE 1�Y PR0029,2Q0 FI PMI�Y P�,j03 2 FP �301.A Fo2230 I — — Q2 � C PROPOSED 1 SD- SS- RD- UT- OHP G- W- 2 CATCHBASIN O■ 1L CATCHBASIN ■ CLEANOUT (SDCO) O SEWER MANHOLE GRAVEL VERIFICATION NOTE ALL EXISTING UTILITIES IN THE CONSTRUCTION AREA SHALL BE IDENTIFIED AND VERIFIED FOR DEPTH AND LOCATION PRIOR TO ANY CONSTRUCTION ACTIVITIES SO TO IDENTIFY ANY POTENTIAL CONFLICTS WITH PROPOSED CONSTRUCTION. CONTACT PROJECT ENGINEER IMMEDIATELY IF ANY CONFLICTS ARE IDENTIFIED. PRIOR TO ANY CONSTRUCTION ACTIVITIES, VERIFY EXISTING TOPOGRAPHY IS CONSISTENT WITH WHAT IS SHOWN ON PLANS AND IF THERE ARE ANY POTENTIAL CONFLICTS WITH PROPOSED CONSTRUCTION ACTIVITIES. CONTACT PROJECT ENGINEER IMMEDIATELY IF ANY CONFLICTS ARE IDENTIFIED. CALL 811 AT LEAST 48 HOURS BEFORE YOU DIG m w Q 0 z O d 0 W LU 0 z O V) LU V M JwoM M J z 3: :3 M i •�200-0 Q c: cy) L 0 Q = z0 OD Jc: 0 .- -0 o — 2 Z C) oC7V) W0o� WLIP °'z LU iI o 0�N m N z�)"ocn (! L � a � — Z Z U-) rn a) ��-o WnQ� zwln OP 0,� z M LU l� In M -0 (7 N -� z6 Q wc: J 0 c) ou l— a �V of WASgl `7V�y Gac 9 46 Digitally Si i5 �TEiL Jeremy Haug Date: 2023.01.05 15:53:40-08'00' 5 January 2023 M cfl M LO v m LO bi o z w = Q LU }LU co Lf m z m W /\ J Q O O LU O �Xa w Li 00 Q' U m F- Y 0 o H ~ LU Z F LU_ LUz 0 � U U DESIGNER: M. GOULARTE ENGINEER: J. HAUG DRAWN: A. KING S2 T23 N R01E WM DATE: 5 January 2023 REVISED: --.--.---- PROJECT: 21-142 DWG NAME: 21-142-C SHEET REV. C1 1 OF 42 Page 144 of 358 LU23-Dev Agreement- 01 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 8C Subject: Adoption of a Resolution Approving a Contract With Miles Resources, LLC for the 2023 Citywide Asphalt Repair Project Back to Agenda Meeting Date: May 9, 2023 Prepared by: Tony Lang Atty Routing No: Atty Review Date: Public Works Director 366922-0009 May 3, 2023 Summary: The City needs to routinely repair asphalt on City streets. By this Resolution, the City Council would authorize the Mayor to execute a contract with Miles Resources, LLC for the 2023 City Wide Asphalt Repair Project (the "Project"). On December 2, 2022, the City was awarded a Fuel Tax Grant (TIB#3-W-153(001)-1) from the Washington State Transportation Improvement Board (TIB), in the amount of $325,976, to partially fund the Project. Pursuant to Resolution No. 036-22, Section 5 Bid Procedures, the City's Public Works Department prepared an Invitation to Bid, published a bid solicitation in the Kitsap Sun and Daily Journal of Commerce on March 24 and March 31, 2023, and on March 24, 2023, staff uploaded the bid documents to the Washington Builder's Exchange and the City's Webpage. On April 19, 2023, by the 10:00 am bid deadline, the City Clerk received six (6) sealed bids. After confirming that there were no objections made and that there were no challenges to the Public Opening process, the six (6) sealed bids were opened and read aloud by the City Clerk. Bids received prior to the April 19, 2023, 10:00 am deadline are as follows: Name of Contractor Bid Total Miles Resources, LLC $867,629.60 Lakeside Industries, Inc. $934,235.51 Tucci & Sons, Inc. $942,653.82 Granite Construction Company $974,243.40 Puget Paving & Construction, Inc. $1,067,400.58 Central Paving, LLC $1,104,763.21 The City Clerk then prepared a Bid Tabulation form, and the Public Works Department prepared a Bid Evaluation form (including applicable taxes, labor, equipment, material, and fees), resulting in the initial determination that the lowest qualified, responsible, and responsive bid was provided by Miles Resources, LLC. On April 20, 2023, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed that the Miles Resources, LLC bid of $867,629.60 was the lowest qualified, responsible, and responsive bid. The Public Works Department also reviewed all materials and Page 145 of 358 Back to Agenda Business Item 8C Page 2of2 confirmed that the bidding requirements for this public work have been followed. On May 1, 2023, the City received TIB approval to award the contract. Recommendation: Staff recommends that the City Council adopt a Resolution approving a contract with Miles Resources, LLC for the 2023 City Wide Asphalt Repair project in the amount of $867,629.60 (applicable taxes included). Relationship to Comprehensive Plan: Chapter 8: Transportation Motion for Consideration: I move to adopt a Resolution approving a contract with Miles Resources, LLC for the City Wide Asphalt Repair project in the amount of $867,629.60. Fiscal Impact: Road repairs are budgeted in the 2023-2024 Biennial Budget. (002.05.542.30.40). TIB grant funds in the amount of $325,976 were awarded for a portion of this project. Alternatives: Do not approve and provide further guidance Attachments: Resolution Contract TIB Letter Page 146 of 358 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A CONTRACT WITH MILES RESOURCES, LLC FOR THE 2023 CITY WIDE ASPHALT REPAIR PROJECT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City routinely repairs asphalt on City streets and identified the need for the 2023 City Wide Asphalt Repair Project (the "Project"); and WHEREAS, on December 2, 2022, the City was awarded a grant from the Washington State Transportation Improvement Board Fuel Tax Funds; and WHEREAS, on January 26, 2023, the City entered into an agreement with the Washington State Transportation Improvement Board to accept the grant and receive Fuel Tax grant funds in the amount of $325,976 to fund a portion of the Project; and WHEREAS, pursuant to the City's Procurement Policies and Procedures, Resolution No. 036-22, Section 5 Bid Procedures, the City's Public Works Department prepared an Invitation to Bid for this Project, advertised in the Kitsap Sun and Daily Journal of Commerce on March 24 and March 31, 2023, and on March 24, 2023, staff uploaded the bid documents to the Washington Builder's Exchange and the City's Webpage for the 2023 City Wide Asphalt Repair Project; and WHEREAS, on April 19, 2023, by the 10:00 am bid deadline, the City Clerk received six (6) sealed bids; and WHEREAS, after confirming that there were no objections made and that there were no challenges to the Public Opening process, the six (6) Sealed Bids were opened and read aloud by the City Clerk; and WHEREAS, the City Clerk prepared a Bid Tabulation form and the Public Works Department prepared a Bid Evaluation form, resulting in an initial determination that the lowest qualified, responsible, and responsive Bid was provided by Miles Resources, LLC; and WHEREAS, on April 20, 2023, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist for Miles Resources, LLC, and confirmed that Miles Resources, LLC submitted the lowest qualified, responsible, and responsive Bid, and further confirmed that all applicable bidding procedures were followed for this Project; 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 above for this particular contract by Resolution; now, therefore, Page 147 of 358 Back to Agenda Resolution No. Page 2of2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES 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 execute a contract with Miles Resources, LLC, for the 2023 City Wide Asphalt Repair project, and to take all actions necessary consistent with this authorization to effectuate this approval; 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 9th day of May 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 148 of 358 Back to Agenda CONTRACT CITY OF PORT ORCHARD 2023 CITY WIDE ASPHALT REPAIR CONTRACT NO. THIS CONTRACT ("Contract") is made and entered into this 9th day of May, 2023, by and between the City of Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, hereinafter called the "City," and Miles Resources, LLC, hereinafter called the "Contractor." I. General Provisions. A. Description of Work. The Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, 2023 City Wide Asphalt Repair Project. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal dated April 19, 2023, attached hereto and incorporated herein by this reference as if set forth in full. Contractor further represents that the services furnished under this Agreement will be performed in accordance with and as described in the attached plans and specifications and with the Port Orchard Municipal Code, the City's Public Works Standards, which includes (but is not limited to) the 2021 edition of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (which shall apply except where noted otherwise). All of these standards are by this reference incorporated herein and made a part hereof. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. The Contract Documents include: Exhibit A -a confirmed copy of the Proposal made by the Contractor on April 19, 2023, together with the Instructions to Bidders. Exhibit B — The Project Manual for the 2023 City Wide Asphalt Repair Project. Exhibit C — Retainage Options All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as if set forth in full. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # p4p eN3481 Back to Agenda B. Time of Completion. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after Notice to Proceed is issued and that all construction shall be complete within 75 working days after the Notice to Proceed Date. C. Liquidated Damages. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly covenants and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for each and every working day said work is not complete beyond the time shown in the Proposal. II. Non -Discrimination. During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to compliance with the following 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 II 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 Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # peqd 51 eN3481 Back to Agenda 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). Title VI of the Civil Rights Act of 1964 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 ensure that its contracts comply with these regulations. Also, in accordance with Title VI, the City is required to include the following clauses in every contract subject to Title VI and its related regulations. Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Contractor 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 Contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Contract, 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 Contractor 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, Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # p 5j eN3481 Back to Agenda including employment practices when this Contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor 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 Contractor of the Contractor's obligations under this Contract 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 Contractor 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 Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor 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 Contractor's noncompliance with the Non-discrimination provisions of this Contract, 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 Contractor under the Contract until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor 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 Contractor 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 Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # peqd 4 eN3481 Back to Agenda III. Public Records Act Chapter 42.56 RCW Contractor understands that her/his bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. IV. Termination The City may terminate this contract for cause or for convenience. 1. Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. 2. Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. 3. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # peqd 33 eN3481 Back to Agenda V. Corporate Surety Bond With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of Dollars ($ ) with as Surety, to ensure full compliance, execution and performance of this Contract by the Contractor in accordance with all its terms and provisions. VI. Independent Contractor. The parties intend that an Independent Contractor -Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. VII. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # peqd 73 eN3481 Back to Agenda Vill. Changes. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX entitled, "Claims," below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. IX. Claims. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # peqd T eN3481 Back to Agenda A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. Limitation Of Actions. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # p !& eN3481 Back to Agenda XI. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two-year warranty bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within two (2) years from the date of the City's acceptance of the Contract work, including replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. Indemnification. Contractor 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 attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the contractor'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. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # p %J eN3481 Back to Agenda XIII. Insurance. The Contractor shall procure and maintain for the duration of the 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 Contractor, its agents, representative, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor 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 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # e40CM41 Back to Agenda of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 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 and a $2,000,000 products - completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: 1. The Contractor'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 Contractor's insurance and shall not contribute with it. 2. The Contractor'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. D. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation. The Contractor and the City waive all rights against each other any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL G. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # RtVge111 cif#1 Back to Agenda insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this Project. H. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. MISCELLANEOUS PROVISIONS. A. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # F "42c&W1 Back to Agenda addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. D. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. E. Modification. No waiver, alteration, or 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 Contractor. F. Entire Agreement. The written provisions and terms 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 this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. G. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement.IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. CITY OF PORT ORCHARD 92 Robert Putaansuu, Mayor CONTRACTOR By: Title: Address: ATTEST: Brandy Wallace, MMC, City Clerk Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # Pf V"ifscmwi Back to Agenda APPROVED AS TO FORM: Charlotte Archer, City Attorney CONTRACTOR: NAME _ ADDRESS TELEPHONE Email Rev 3/18/22 JR City of Port Orchard Contract # CITY: NAME: K. Chris Hammer, P.E., City Engineer ADDRESS: 216 Prospect Street TELEPHONE: (360) 876-4991 Email: publicworks@Portorchardwa.gov With a copy to the City Clerk at the same address 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Back to Agenda Contractor: Project Name: Date: 5% RETAINAGE INVESTMENT OPTION' Project Number: EXHIBIT C Pursuant to RCW 60.28.010, as amended, you may exercise an option as to how the 5% retainage under this contract will be invested. Please complete and sign this form indication your preference. If you fail to do so you will miss the benefit of any interest earned. Select one of the following options: F-1 1. Savings Account: Money will be placed in an interest -bearing account. The interest will be paid to you directly, rather than kept on deposit. If this is your choice, then please complete attached SAVINGS ACCOUNT AGREEMENT. Please state the name of your bank. Bank: F-1 2. Escrow/Investments: The City will deliver retainage checks to a selected bank, pursuant to an escrow agreement. The bank will then invest the funds in securities or bonds selected by you, and interest will be paid to you as it accrues. If this is your choice, then please complete attached ESCROW AGREEMNT. Preferred Bank: Securities/Bonds: F-1 3. Guarantee Deposit: Retainage will be held by the City. No interest is payable to the Contractor. Retainage is normally released 45 days after final acceptance of the work or following receipt of Labor and Industries/Department of Revenue clearance, whichever date is the later. Retainage on landscaping work may be longer, due to its seasonal nature. However, if this project is subject to grant funding, then the retainage may also be held until such time as the Contractor meets its obligations to the City to provide required information and documentation for compliance with the grant funding requirements. State law allows for limited early release of retainage in certain circumstance. Contractor's Signature Title ' If the Contractor opts to post a retainage bond under RCW 60.28.011, such bond shall be in a form acceptable to the City, shall be with a surety with a minimum of A.M. Best financial strength rating of a minimum of A-. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # Back to Agenda SAVING ACCOUNT AGREEMENT TO BANK: BANK'S ADDRESS: AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO: PROJECT TITLE: SAVINGS ACCOUNT NO: The estimated completion date of contract is: The undersigned, , herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be placed by you in an interest - bearing savings account. 2. When and as interest on the savings account accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise director by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the principal held by you pursuant to this agreement, except in accordance with written instruction from the AGENCY. Compliance with such instructions shall relieve you of any further liability related thereto. 4. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any moneys placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR, whereupon you shall be granted a first lien upon such moneys released and shall be entitled to reimburse yourself from such moneys for the entire amount of your fees as provided for herein above. In the event that you are made a party to any litigation with respect to the moneys held by you hereunder, or in the event that the conditions of this agreement are not promptly fulfilled, or that you are required to render any service not provided for in these Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # Back to Agenda instructions, or that there is any assignment of the interests of this agreement, or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 5. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 6. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY. You are not a party to nor bound by any instrument or agreement other than this. You shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 7. The foregoing provisions shall be binding upon the assigns, successors, personal representative and heir of the Parties hereto. Contractor BY: Title: Date: Address: CITY OF PORT ORCHARD Agency BY: Date: The above savings account agreement and instruction received and accepted this 120 Rev 3/18/22 JR City of Port Orchard Contract # Bank Name Authorized Bank Officer 2023 City Wide Asphalt Repair day of PROJECT # PW2023-003 Back to Agenda TO BANK: BANK'S ADDRESS: ESCROW AGREEMENT ESCROW NO.: AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO.: PROJECT TITLE: The estimated completion date of contract is: The undersigned, , herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be used by you to purchase, as directed by the CONTRACTOR, bonds or other securities chosen by the CONTRACTOR and approved by the AGENCY. Attached is a list of such bonds, or other securities approved by the AGENCY. Other bonds or securities, except stocks may be selected by the CONTRACTOR, subject to express written approval of the AGENCY. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the AGENCY as provided in Paragraph 4 of this Escrow Agreement. 2. When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise directed by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the securities held by you pursuant to this agreement (or any moneys derived from the sale of such securities, Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # Back to Agenda or the negotiation of the AGENCY'S warrants) except in accordance with written instructions from the AGENCY. Compliance with such instruction shall relieve you of any further liability related thereto. 4. In the event the AGENCY orders you to do so in writing, you shall within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder, to the AGENCY. 5. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any property placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interest of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 7. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor be bound by nor required to give notice or demand , nor required to take action whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # PV"'% wi Back to Agenda The foregone provision shall be binding upon the assigns, successors, personal representative, and heir of the Parties hereto. Contractor By: Title: Date: Address: CITY OF PORT ORCHARD Agency 0 Date: The above escrow agreement and instruction received and accepted this 20 Bank Name Authorized Bank Officer day of SECURITIES AUTHORIZED BY AGENCY 1. Bills, certificates, notes or bonds of the United States; 2. Other obligations of the United States or its agencies; 3. Obligation of any corporation wholly -owned by the government of the United States; 4. Indebtedness of the Federal Nation Mortgage Association; and 5. Time deposits in commercial banks. Rev 3/18/22 JR City of Port Orchard Contract # 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Back to Agenda PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD PROJECT PW PROJECT NO. 2023-003 Bond to City of Port Orchard, Washington Bond No. We, ,and (Principal) (Surety) a Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner'), in the penal sum of Dollars ($ ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated , 20_, between Principal and Owner for a project entitled ("Project") — Public Works Project No. 2023-003 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material -persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # Fe'21 c6f#1 Back to Agenda loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the Contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of , 20 Principal Surety Signature of Authorized Official Signature of Authorized Official By Printed Name and Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Agent and/or Surety Company: Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # Back to Agenda ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF ) )ss. COUNTY OF 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 to me known to be the (check one of the following boxes): 0 of , the corporation, 0 partnership, 0 individual, of , the that executed the foregoing instrument to be the free and voluntary act and deed of said 0 corporation, 0 partnership, 0 individual for the uses and purposes therein mentioned, and on oath stated that 0 he Oshe was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Notary Seal with Ink Stamp Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # Back to Agenda SURETY ACKNOWLEDGEMENT STATE OF ) )ss. COUNTY OF 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 , to me known to be the of , the corporation that executed the 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 0 he 0 she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing My Commission expires: Notary Seal With Ink Stamp Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # Back to Agenda CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND Note: This form must be completed at Contract Completion. Before the Performance Bond (or the retainage when the performance bond is waived) can be released, the City must receive the two year Maintenance/Warranty Bond Project #: Contract #: Surety Bond #: _ Date Posted: Expiration Date: RE: Project Name: Owner/Developer/Contractor: Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , 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 dollars ($ ) 20% of the total contract amount, 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 constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above - referenced project shall remain free from defects in material, workmanship and installation (or, Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # Back to Agenda in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed and leave the same in as good condition or better as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make 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 D(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 estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested 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 repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) 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 D above. Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Contract # Back to Agenda F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. 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 bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of , 20_. SURETY COMPANY DEVELOPER/OWNER (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: Rev 3/18/22 JR City of Port Orchard Contract # (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: CHECK FOR ATTACHED NOTARY SIGNATURE Developer/Owner (Form P-1) Surety Company (Form P-2) 2023 City Wide Asphalt Repair PROJECT # PW2023-003 FFtvge127c6f#1 Back to Agenda FORM P1-NOTARY BLOCK (Developer/Owner) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of 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. Rev 3/18/22 JR City of Port Orchard Contract # Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Back to Agenda FORM P2-NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that person who appeared before me, and said person acknowledged as the of that is the (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. Rev 3/18/22 JR City of Port Orchard Contract # Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Back to Agenda PROPOSAL CITY OF PORT ORCHARD 2023 CITY WIDE ASPHALT REPAIR PROJECT NO. PW2023-003 To: Mayor and City Council City of Port Orchard, Washington Contractor: Miles Resources, LLC State License No.: MILESRL897RK Date: 04/19/2023 Month/Day/Year Bidder's Declaration and Understanding e 1 er ec ares that =s a has care fotly--Z!,K0min-cd—th`e-t Tft act -Dmumerrts--for`-the construction of the project, that s/he has personally inspected the site, that s/he has satisfied her/himself as to the quantities involved, including materials and equipment, and conditions of work involved, including the fact that the description of the quantities of work and materials, as included herein, is brief and is intended only to indicate the general nature of the work and to identify the said quantities with the detailed requirements of the Contract Documents, and that this Proposal is made according the provisions and under the terms of the Contract Documents, which Documents are hereby made a part of this Proposal. The Bidder further declares that s/he has exercised her/his own judgment regarding the interpretation, of subsurface information and has utilized all data, which s/he believes pertinent from City and other sources and has made such independent investigations asthe Bidder deems necessary in arriving at her/his conclusions. Bidder understands that any bid response documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose bid responses upon a request. Bidder acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Bidder may elect to give notice to Bidder of the request so as to allow Bidder to seek a protective order from a Court. Bidder acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. Contract Execution The Bidder agrees that if this Proposal is accepted, s/he will, within fourteen (14) calendar days after Notice of Award, complete and sign the Contract in the form annexed hereto, and will at that time deliver to the City executed copies of the Performance Bond, Labor and Material Payment bond, the Certificate of Insurance, and other documentation required by the Contract Documents, and will, to the extent of her/his Proposal, furnish all machinery, tools, apparatus and other means of construction and do the work and furnish all the materials or services necessary to complete all work as specified or indicated in the Contract Documents. 2cv 3/18/22 JR of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Page 10 lers Exchange of WA, Inc. For usage Comb Ar)ACfe Ghent see www.bxwa.com - Always Verify Scal Back to Agenda Start of Construction and Contract Completion The Bidder further agrees that within 14 calendar days of CONTRACT START DATE, s/he will meet with engineering personnel and begin work no earlier than N/A, and complete the construction within 75 working days of START DATE. Lump Sum and Unit Price Work The Bidder further proposes to accept as full payment for the work proposed herein the amounts computed under the provisions of the Contract Documents and based on lump sum and unit price amounts, it being expressly understood that the unit prices are independent of the exact quantities involved. The Bidder agrees that the lump sum prices and the unit prices represent a true measure of the labor, services, and materials required to perform the work, including all allowances for overhead and profit for each type and unit of work called for in these Contract ocumen s. If any material, item, or service required by the Contract Documents has not been mentioned specifically, the same shall be furnished and placed with the understanding that the full cost to e= =1 -y as een nierg . w1-pr1c.PS nalYie in he proposa . — Rcv 3/18/22 JR City of Port orchard 2023 City Wide Asphalt Repair PROJECT ft PW2023-003 Page 11 F�'31 cif#1 Provided to Builders Exchange of WA, Inc. For usage Condit ons Agreement see www.bxwa.com - Always Verify Scal Back to Agenda SCHEDULE OF CONTRACT PRICES 2023 CITY WIDE ASPHALT REPAIR Project No. PW2023-003 NOTE: Unit prices for all items and the total amount bid must be shown. The Project must be bid in its entirety, including all bid items as specifically listed in the Proposal, in orderto be considered a responsive bid. Where conflict occurs between the unit price and the total amount named for any items, the unit price typed or printed and entered in ink shall prevail. The Contracting Agency reserves the right to award all work bid according to the lowest qualified responsive bid tendered, available funds, and as it best serves the interest of the Contracting Agency. All work awarded will be made to the same Contractor/bidder. Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words Schedule A- Base Bid/Old Clifton Overlay 1 CALC STD (1-04) Minor Changes CALC $ 5,000.00 $ Five Thousand Dollars (Total Amount in Words) 2 Lump STD (1-09) Mobilization LS $ $ Sum 30/ 000. ✓ J 01 ova, 00 $'�hir �1,0�, a� d dollars (Total Amount in Words) 3 Lump STD (1-07) SPCC Plan LS $ 15-0,00 $ 75-b, c. O Sum $'e-,{n Hvy\d.r -cL P-, 4u Uo l lass (Total Amount 4 Words) 4 Lump STD (1-10) Project Temporary Traffic LS $ $ Sum Control 000oD M? ODD • OD $ n�J (Total Amount in Words) 5 400 LF SP (2-02) Removing Asphalt Conc. LF $ $ Curb to'O" W1000,00 $ �014r J l o lino o l J 0 l( 4 (Total Amount in Words) 6 280 TN STD (4-04) Crushed Surfacing Base TN $ 'l $ OD Course (Shoulder Ballasting) I! ,OD $ fWt StIfti,4 hU.4df-fg (Total Amount in Words) Rev 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Provided to Builders Exchange of WA, Inc. For usage Coricl3 tw192k;6f�"nt see www.bxwa.com - Always Verify Scal Back to Agenda IItem Estimated SP / STD Description of Item / Total No. Quantity Amount in Words Unit Price Total Amount I 7 2390 TN STD (5-04) HMA CL. 1/2" PG 58-22 (Overlay) TN p'✓!!. y�f� �'7 b� sfWo kLAildr4 �-f h4 R,iA4,A0u3tJ -�nt ku W &km (Total Amount in Words) 4rj 8 398 SY SP (5-04) HMA CL. 1/2" PG 58-22 (Roadway Reconstruction) SY $ n $ 4-LkJ UA4 SQ✓rat ktWrtJ 5'&fk d�lla� (Total Amount in Words) 9 2000 SY SP (5-04) Planing Bituminous SY $(,p ,SO $ 1-51(3r3o ,p0 Pavement (Total Amount in Words) STD (5-04) Pavement Repair Incl. Haul 5Y $� q' ,5 0 10 398 SY $ Oe,vt.r, Sevt,h rl.>J-(ln� Qo�larS y�c�r�� (Total Amount in Words) 11 400 LF SP (5-04) 4" HMA Wedge Curb LF $ 9,00 0 $ (Total Amount in Words) 12 1 FA SP (5-04) Crack Sealing FA $6,000.00 $ 6,000.00 $ Six Thousand Dollars (Total Amount in Words) 13 3 EA STD (7-05) Adjust Catch Basin EA $r Iow Od $ 31 �0(3 c) $ T hrce_ -rkn, sa kid Do I la .rs (Total Amount in Words) 14 8 EA STD (7-05) Adjust Manhole EA $110(3000 $ ��(��(`� C� $ ��a�h�1kougind Dollars (Total Amount in Words) 15 1 EA SP (7-12) Adjust Valve Box EA $ 57W.00R $ 0 , DO $ P�i VP [" nr d 40 116(rs (Total Amount in Words) Rcv 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Provided to Builders Exchange of WA, Inc. For usage Cond'i`M. rMent see www.bxwa.com - Always Verify Scal Back to Agenda Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words 16 5 EA STD (8-02) Inlet Protection EA $ j 1 N ()0 $ r-.,n $ Eluf k3)N llred Oo llok m (Total Amo t in Words) 17 14700 LF STD (8-22) Paint Line LF $ Q .1 S $ l 1, 0 a S. 00 $f leVcri " rin.ouso�-nd J L jevx1,A '-i yt- Do tiers (Total Amount inWords) 18 180 SF STD (8-22) Plastic Crosswalk Line (Type SF �,5C) $ I 1 3S(� , 0 (3 A Thermoplastic) $ OY\e. -T1AbUSc., Y1d TlnreL �\.mArFr� �► De lla�s (Total Amount in Words) 19 65 LEqTn IB_24—NiisticSton Imo( $ A4 1. S(N Thermoplastic) $ err` &V\ &Yd f-ori-u ueyti n lC&S J' F� Ce.nfS (Total ount in Words) 20 17 EA STD (8-22) Plastic Traffic Arrow (Type A EA $2(-po,�p $ l�ly�(�j . O 0 Thermoplastic) $ Fn\lr-rkousC/md folLr "Inde d --noey q Oo lkrs (Total Amount in Words) Schedule A- Total Base Bid/Old Clifton Overlay $ q�ql& Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words Schedule B - Sidney Rd. 101 CALC STD (1-04) Minor Changes CALC $ 2,500.00 $ Two Thousand Five Hundred Dollars (Total Amount in Words) 102 Lump STD (1-09) Mobilization LS $ nn $ Sum -Y 50. U� S00O 0 S fit',✓m .WIousavid A;, ItilirM A,ol lu �t (Total Amount in Words) 103 Lump STD (1-10) Project Temporary Traffic LS $ $ Sum Control }� l%,6� 6 bd , 0 `0 $ 4 ✓mis-fo 'II/b01/Scl d 4;v 'Fn.eA-d",4 oir'a� (Total Amount in Words) 104 852 SY STD (5-04) Pavement Repair Excavation SY $ 3a ,� $a2'1 i (Da©, O O Incl. Haul STwen ��,r `r�r Saul ti Ifunred �ne�r rat (Total Amount in Words) Rcv 3/I8/22 JR City of Port Orchard 2023 City Wide'Asphalt Repair PROJECT # PW2023-003 Provided to Builders Exchange of WA, Inc. For usage Cond' it�onss Ag eee1ent see www.bxwa.com - Always Verify Scal Back to Agenda Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words 105 90 TN 106 852 SY SP (5-04) Crushed Surfacing Base TN $ qO Oc, $ „J' �b Oo Course for Pavement Repair l� $ / 4� b11 uwl 11 a ((urs �J (Total Amount in Words) SP (5-04) HMA CL. 1/2" PG 58-22 SY $ 1/^ 114N $ Ar -1 ad hi d aliv-5 107 10510 LF STD (5-04) Crack Sealing LF $ 3.00 $ oV $4'�1ii ov1t, �0(Ay4nd 0h (Total Amount in Words)—�� 108 3 EA SP (7-12) Adjust Valve Box EA�5M,00 $ II�� , 00 (Total Amount in Words) 109 1290 LF STD (8-22) Paint Line LF $ 0 ,r(S $ _l Lpr7, S7-0 1 oi,ldP`C 1 Ce-Ak (Total AJnount in Words) �- 110 200 SF STD (8-22) Plastic Crosswalk Line (Type SF �r`7, SO $ J I S OO , 00 A Thermoplastic) $00 TbaLis -vi<d 'PivQ_ �63nd rye OnItors (Total Amount in Words) 111 40 LF STD (8-22) Plastic Stop Line (Type A LF $ $ � (P 0 , o o Thermoplastic) $ ,rouc Nt inn pe S,L+0 o l 1a.rS (Total Am nt in Words) 112 2 EA STD (8-22) Plastic Traffic Arrow (Type A EA $,2(po, 00 $ � Q O 0 O Thermoplastic) , $ AY - 4uy\ , e rs (Total At in Words) Total Schedule B- Sidney Rd. $ ,- brijl. 6'0 Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words Schedule C - Bethel Rd. 201 CALC STD (1-04) Minor Changes CALC $ 2,500.00 $2,500.00 $ Two Thousand Five Hundred Dollars (Total Amount in Words) Rev 3/ 18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Provided to Builders Exchange of WA, Inc. For usage Cond' fthlMAIIeeeml nt see www.bxwa.com - Always Verify Scal Back to Agenda Item Estimated SP / STD Description of Item / Total Unit Price Total Amount 1 No. Quantity Amount in Words 202 Lump STD (1-09) Mobilization LS $ 000.00 $ Sum 000, $ S�� {�� usaNc( 0(tit (Total Amount in Words) 203 Lump STD (1-10) Project Temporary Traffic LS $ $ Sum Control ?60.00 21 -709.00 $'rW?,t4t A JUS&! 4V-64 k uK rtd alj�46 (Total Amount in Words) 204 40 SY STD (2-02) Removing Cement Concrete SY $ $ Sidewalk OD,60 j' 2.1000. oa II (Total Amount inWords) 205 1550 SY STD (5-04) Pavement Repair Excavation SY $ ,2 °( DSO $ Incl. Haul (Total Amount in Words) 206 160 TN SP (5-04) Crushed Surfacing Base TN $ $ Course for Pavement Repair 0. 00 L4q OD O'D sou�kcv� �tn•Usa ��nu�dner�a o1(a� (Total Amount in Words) 207 1550 SY SP (5-04) HMA CL. 1/2" PG 58-22 SY $ v Reconstruction) 2 $ / DD 00 ,% ` . (Roadway6 / $ V y Kh o Id9 Gi rl- -� wrL (Total Amount in Words) 208 750 LF STD (5-04) Crack Sealing LF $ 4. 011) $ n 4�KD ov 209 3 EA 210 60 LF 211 60 LF 212 2 EA Rcv 3/19/22 JR City of Port Orchard $ -fvVro M ° of and - o -J, E� 401110 (Total Amount in Words) STD (7-05) Adjust Manhole EA $1I (3cc,00 $ d00 s : h.eer--rhnuso-yid boilars (Total Amount in Words) STD (8-04) Cement Concrete Pedestrian LF $ $ Curb 5(9,00 13100,9,00 $ :f he« JL4JUya"Ld doilftA (Total Amount in Words) STD (8-04) Cement Concrete Traffic LF $ $ Curb and Gutter 5n.r,o 3" 000, 00 s -& ,,(,� Ao uts aktd o-a fwi STD (8-14) Cement Concrete Curb Ramp Type Parallel A $ S�✓f IA -414 0 b (Total Amount in Words) EA $ quo tk d o I l -A.rS (Total Amount in Words) 2023 City Wide Asphalt Repair �i0a0,or) PROJECT # PW2023-003 Provided to Builders Exchange of WA, Inc. For usage Cond onss Agr�e`eem nt see www.bxwa.com - Always Verify Scal Back to Agenda Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words 213 35 SY STD (8-14) Cement Concrete Sidewalk SY $ $ -/In. UV Z b'/T,. O'U S �W o- 4 o U �,,,� i fl I�t de e �iW 1-u �'!�� o I la /.� (Total Amount in Words) 214 630 LF STD (8-22) Paint Line LF $ ©�5 $ !� r(� , SO $ your qur"A('e-d Ce (Total Amokint in Words) 215 280 SF STD (8-22) Plastic Crosswalk Line (Type SF '7, lc3-0 $ ,2t 100. po A Thermoplastic) $')"uuo -rhousa,-ad One. 44unciInP On I/Qi^S (Total Amount in Words) 216 40 LF STD (8-22) Plastic Stop Line (Type A LF $ I .'Sp $ Lq(pQ , 0 O Thermoplastic) (Total Amou in Words) 217 4 EA STD (8-22) Plastic Traffic Arrow (Type A EA $,2(00 Q0 $ Q d Thermoplastic) $ O ne- -'ko a Sa nd ho rZoo I p-s (Total Amwsht in Words) Total Schedule C- Bethel Rd. $ 2 0, 372.5D Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words Schedule D - Shop Facility 301 CALC STD (1-04) Minor Changes CALC $ $ 2,500.00 2,500.00 $ Two Thousand Five Hundred Dollars (Total Amount in Words) 302 Lump STD (1-09) Mobilization LS $ $ Sum DOc),o�D L4, D 00.0 P (Total Amount in Words) 303 240 TN STD (5-04) HMA CL. 1/2" PG 58-22 TN $ $ (Paved Lot) 4" Depth 11,40,00 �j%j, ('D 0D Sub Total Schedule D- Shop Facility Total Schedule D- Shop Facility Rev 3118/22 JR City of Port Orchard I (Total Amount ih Words) 2023 City Wide Asphalt Repair $ H�,1DD.aa Tax 9.3% $ ��72q D $ y 3, qlq I PROJECT # PW2023-003 Provided to Builders Exchange of WA, Inc. For usage Condit ons Agreement see www.bxwa.com - Always Verify Scal Back to Agenda Item Estimated SP / STD Description of Item / Total Unit Price Total Amount 1 No. Quantity Amount in Words Schedule E - Decant Facility 401 CALC STD (1-04) Minor Changes CALC $ 2,500.00 $2, 500.00 $ Two Thousand Five Hundred Dollars (Total Amount in Words) 402 Lump STD (1-09) Mobilization LS $ $ Sum IL/ Gj �(� M 2 ii0, 0 • $ �✓✓° 4110 u3 awd �✓Pi IqM dyzd o I 1 � (Total Amount in Words) 403 40 TN STD (5-04) HMA CL. 1/2" PG 58-22 TN $ $ dy (Pav Lot) 4" Depth �, {pd 0. $ i ✓G i11 • L4 AxJ i 4 1q, h d r f-dJ o I key (Total Amount in Words) Sal-Sehedule r- Beeant fac4lity $ _ 0. a- 0 ,0D. Tax 9.3% -1 $ Total Schedule E- Decant Facility $ I SK .00 Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words Schedule F - Carl Pickle Dr. 501 CALC STD (1-04) Minor Changes CALC $ 2,500.00 $2,500.00 $ Two Thousand Five Hundred Dollars (Total Amount in Words) 502 Lump STD (1-09) Mobilization LS $ $ Sum 2 (p Coo 2� (��, 0 D $4 laW34k%� S'X k(4Ad-rd-fif:bf At aAe;� (Total Amount in Words) 503 Lump STD (1-10) Project Temporary Traffic LS $ '% $ Sum Control C) $ 64✓fil JL4o 4 1 td 1'✓U On dad 411AII (Total Amount in Words) 504 88 SY STD (5-04) Pavement Repair Incl. Haul SY $ 100,00 p 4 $ $olna--rhnusav�d faaY�4- Fv�dred I�o�10.uS (Total AnYbunt in Words) Rcv 3/18/22 JR City of Port Orchard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Provided to Builders Exchange of WA, Inc. For usage Condfti1RAg45eVm1 nt see www.bxwa.com - Always Verify Scal Back to Agenda Item Estimated SP / STD Description of Item / Total Unit Price Total Amount No. Quantity Amount in Words 505 10 TN SP (5-04) Crushed Surfacing Base Course for Pavement Repair TN $ o $ $ IIlc 6,4ad doily (Total Amount in Words) 506 88 SY SP (5-04) HMA CL. 1/2" PG 58-22 (Roadway Reconstruction) SY $ �J 'I Z $ 10 $ T1l r A ru\A C dr)II (Total Amount in Words) 507 130 LF STD (5-04) Crack Sealing LF $ 7j.Q0 $ po I $ -fh ra, k an 0r-GI e) i A G 1 -1 d 0I L40 (Total Amoungin Words) 508 160 LF STD (8-22) Paint Line LF $ s $ ('fin P_ I -hi n A r-d 'r,. e_n l-u o I I ( [Total` Mffou-fftih-Word) Total Schedule F - Carl Pickle Dr. $ Ian ,o© rS Schedule A - Base Bid/ Old Clifton Overlay Total $ y �O Schedule B - Sidney Rd. Total $ Schedule C - Bethel Rd. Total $ 2 0 Schedule D - Shop Facility Total (Tax Included) $ q� 9M.10 Schedule E - Decant Facility Total (Tax Included) $ 1 S Schedule F - Carl Pickle Dr. Total $ Schedule A Through F- Total $ b7 & 2 ( o SALES TAX- Rule 171 (Schedules A, B, C, F) In accordance with Section 1-07.2(1) State Sales Tax (DOR rule 171): Work performed on City, County, or Federally -owned land, the Contractor shall include Washington State retail sales taxes in the various unit bid prices or other amounts. These retail sales taxes shall include those the Contractor pays on purchases of materials, equipment, and supplies used or consumed in doing the work. SALES TAX -Rule 170 (Schedules D and E) Retailing/Retail Sales Tax rule WAC 458-20-170: Washington state retail sales tax added as percent (%) in addition to contract bid price; sales tax shown as separate line item. Rev 3/18/22 JR City of Pon Orchard 2023 City Wide Asphalt Repair PROJECT ti PW2023-003 Provided to Builders Exchange of WA, Inc. For usage CondiEYo lgrfeeeml nt see www.bxwa.com - Always Verify Scal Back to Agenda The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents: CITY OF PORT ORCHARD 2023 CITY WIDE ASPHALT REPAIR PROJECT NO. PW2023-003 4/3/2023 Addendum No. Date of Receipt 2 4/14/2023 Addendum No. Date of Receipt Addendum No. Date of Receipt Addendum No. Date of Receipt NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that s/he has reviewed the insurance provisions of the Bid Documents and will provide the required coverage. The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid solicitation date forthis Project, the Bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction. OFFICIAL AUTHORIZED TO SIGN FOR BIDDER: "I certify (or declare) under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct." Signature: Date: �l 4/19/2023 Printed Nam d itle: Location or Place Executed (City, State): Bradley Griffith Vice President / General Manager Puyallup, WA Business Address: Business Telephone: 400 Valley Ave NE Puyallup, WA 98372 253-383-3585 NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Rcv 3/ l 8/22 JR City of Port Ordhard 2023 City Wide Asphalt Repair PROJECT # PW2023-003 p g� Page 20 Provided to Builders Exchange of WA, Inc. For usage Cond' i`£�o�7.gr�ereffl nt see www.bxwa.com - Always Verify Scal Back to Agenda STATE OF WA ) )ss. COUNTY OF Pierce 1 I certify that I know or have satisfactory evidence that Bradley Griffith signed this proposal, on oath stated that he/she was authorized to execute the proposal and acknowledged it as the Vice President / General Manager (title) of Miles Resources, LLC (name of party on behalf of whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes mentioned in this proposal. Dated this 19th day of April , 20_Z. Rcv 3/ 18/22 JR City of Port Orchard NN ��,0`• ••.•••••.•••• Printed Name �+ My Commission Expires: 6/12/2024 2023 City Wide Asphalt Repair PROJECT # PW2023-003 Page 21 dit W41 c6f#1 Provided to Builders Exchange of WA, Inc. For usage Conons Agreement see www.bxwa.com - Always Verify Scal Back to Agenda 1,azt�\n6tnn grd e Washington State 9 �m Transportation Improvement Board a m� 'd �On lmPrOJe� 1 TIB Members Chair Mayor Glenn Johnson City of Pullman May 1 2023 , Vice Chair Councilmember Sam Low Snohomish County Mr. Chris Hammer, P.E. Amy Asher Mason Transit Authority City Engineer Aaron Butters, PE City of Port Orchard HW Lochner Inc. 216 Prospect Street Susan Carter Port Orchard, WA 98366-5304 Hopelink Kent Cash, PE Port of Vancouver Dear Mr. Hammer: Barbara Chamberlain WSDOT Based on your Updated Cost Estimate for the 2022 Overlay Award project, TIB # Elizabeth Chamberlain City of Walla Walla 3-W-153(001)-1, your authorized TIB funds are $325,976, which reflects a Dongho Chang, PE decrease of $41,648. WSDOT Scott Chesney You may now award the construction contract. Spokane County Vicky Clarke Cascade Bicycle Club and Washington We would be happy to assist you with any questions. You can contact Chris Bikes Langhoff, TIB Project Engineer, at (360) 586-1157 or via e-mail at MPE Cityoflemner Christ@TIB.wa.gov. City of Sumner Commissioner Al French Spokane County Sincerely, Councilmember Hilda Guzman City of Granger j � �A3 Commissioner Scott Hutsell Lincoln County Les Reardanz Ashley Probart Whatcom Transportation Authority Executive Director Peter Rogalsky, PE City of Richland Mayor Kim Roscoe City of Fife Maria Thomas Office of Financial Management Jennifer Walker Thurston County Jane Wall County Road Administration Board Ashley Probart Executive Director P.O. Box 40901 Olvmoia. WA 98SO4-0901 Investing in your°local community 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 8D Subject: Adoption of an Ordinance Amending POMC Chapter 2.60 Related to Council Compensation Back to Agenda Meeting Date: May 9, 2023 Prepared by: Debbie Lund Atty Routing No. Atty Review Date HR Director 366922-0008 May 1, 2023 Summary: At the request of the Council, the Finance Committee discussed the compensation they receive at their January 20, 2023, meeting. The full Council then discussed the matter at their work study session on March 21, 2023. Staff was asked to bring forward an Ordinance to revise the compensation for council members from the current $12,000 per year to $13,000 per year, effective at the beginning of the next term in office for each council position (2024 or 2026, depending on the position). This modification represents the first council pay increase since 2014. The Ordinance and the associated pay change will allows for a total amount of compensation that can be paid in 26 increments, which allows for councilmember pay cycles to match to the pay cycle of all other City employees, i.e. bi-weekly. This aids staff in eliminating the current extra work performed to pay councilmembers on a pay cycle that differs from all other City employees. Because councilmembers cannot increase the compensation for their current terms in office, the pay increase and associated pay cycle will take effect January 1, 2024 for Council positions 1, 4, 5 and At Large. Council positions 2, 3, and 6 will convert to the new pay cycle and amount effective January 1, 2026. In addition, the Council requested that an annual cost of living amount, tied to the Seattle -Tacoma - Bellevue CPI-U, June to June index, be tracked so that at the beginning of each new term for a particular position, Councilmember pay will be increased in a manner to keep up with inflation, provided that no modification is less than 0% and no greater than 4%. The At Large council position is elected every two years and will see a pay change at the beginning of each term. All other positions will see a pay change every 4 years, with positions 1, 4 and 5 being on one cycle and positions 2, 3, and 6 being on another cycle. As an example, if adopted, the following cyclical increases would occur at the start of each new term: As of January 1, 2024: • Council positions 1, 4, 5 and at -large begin receiving $13,000 per year, paid bi-weekly, or $500 per check. • Council positions 2, 3, and 6, remain at the current $12,000 per year, paid semi-monthly. As of January 1, 2025: Council pay remains as it was in 2024, staff tracks the June to June CPI-U. As of January 1. 2026: Page 191 of 358 Back to Agenda Staff Report 8D Page 2 of 2 • Council positions 2, 3, 6 will be converted to bi-weekly pay days. Positions 2, 3, 6 and at -large will be paid the $13,000 per year, plus the CPI from June 2024 (we will refer to this as "A%") plus CPI from June 2025 (refer to this as "B%"), provided that "A" and "B" are not less than 0% and not more than 4%. o Therefore, positions 2, 3, 6 and at -large will be paid $500 plus "A%" plus "BW per payday. • Council positions 1, 4, and 5 continue to receive $500 on each bi-weekly pay day. As of January 1, 2027: Council pay remains as it was in 2026. Staff tracks staff tracks the June to June CPI. As of January 1. 2028: • Council positions 1, 4, 5 and at -large will be paid their $500 bi-weekly amount established in 2024 plus the CPI from June 2024 ("A%") plus CPI from June 2025 ("B%") plus CPI from June 2026 ("C%") plus CPI from June 2027 ("DW), provided that each CPI included is not less than 0% and are capped at 4%. • Council position "at -large" will be paid their bi-weekly amount from established in 2026, which has already taken into consideration "A%" and "B%" plus the new "C%" and "DW • Council positions 2, 3, 6 continue to receive pay in accordance with the January 1, 2026 calculations ($500 plus "A%" + "B%") This process continues. Of note: this method means that the salaries of all seven council members will never be the same. Each time the position is re-elected, the new term plays catchup and leapfrogs the other council positions not in the same election cycle. Since the at -large position is elected every two years, that position will always be in the highest paid group of councilmembers. Recommendation: Staff recommends the Council approve the Ordinance as presented. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt an Ordinance, as presented, which amends Chapter 2.60 of the Port Orchard Municipal Code related to Council Compensation. Fiscal Impact: $4,000 increase to the 2024 budgeted cost for councilmember salaries. Alternatives: Not approve as presented and provide alternative guidance. Attachments: Ordinance and red lined version of Chapter 2.60 POMC (for information only) Memorandum from City Attorney regarding proposed methodology (sent separately under attorney client privilege). Page 192 of 358 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 2.60 POMC, PERTAINING TO COMPENSATION FOR CITY COUNCIL MEMBERS PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, at the March 21, 2023, City Council work study session, the City Council reviewed and considered the compensation of council members; and WHEREAS, the compensation of Port Orchard City Council members has not changed since 2014; and WHEREAS, the City Council finds that the compensation of City Council positions should be kept commensurate with the demands of the position in order to promote qualified candidates to run for office; and WHEREAS, the City Council finds that it is in the best interests of the City to convert the pay schedule for Councilmembers to the same bi-weekly pay schedule as all other City employees to reduce staff time required due to current, differing pay schedules; and WHEREAS, the Washington State Constitution, Article XI, Sec. 8, provides that any change to the Council salary can only take effect at the start of the next term of office for that Council position; and WHEREAS, the City Council finds adoption of these amendments to be in the best interest of the City and residents; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment. The title of Section 2.60.010 of the Port Orchard Municipal Code is hereby amended to be "Compensation." SECTION 2. Amendment. Port Orchard Municipal Code Section 2.60.010 is hereby amended to read as follows: 2.60.010 Compensation. City council members shall receive $500 for each two week pay period, provided there shall be 26 pay periods per year. City council members will be paid in accordance with the regular payroll schedule for other City employees. SECTION 3. Port Orchard Municipal Code section 2.60.020 is hereby amended to read as follows: Page 193 of 358 Back to Agenda Ordinance No. Page 2 of 2 2.60.020 Cost of living adjustment. During each year of a City council member's term, the Seattle -Tacoma -Bellevue CPI-U June to June index will be tracked. The cumulative total of the CPI effect on the council member's salary will be applied at the beginning of next term of office for the position, provided that each annual CPI included in the cumulative total shall not be less than 0% or more than 4%. SECTION 4. The salary modifications set out herein shall commence on January 1, 2024 as to council positions 1, 4, 5 and At Large, and on January 1, 2026 as to council positions 2, 3 and 6. SECTION S. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 6. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 7. Effective Date. This Ordinance shall take effect and be in full force and effect on January 1, 2024, as provided by law, provided further that the salary adjustments set out herein shall be effective as stated herein. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 9t" day of May 2023. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk /_1»[i91y"_1.12[0JI10110k yl�l►[.��l it Charlotte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 194 of 358 Back to Agenda Chapter 2.60 COMPENSATION FOR CITY COUNCIL MEMBERS Sections: 2.60.010 PeF meeti„e Fate.Compensation 2.60.020 Repea Cost of living adjustment 2.60.030 Nonattendance. 2.60.040 Other compensation. 2.60.010 Compensation. City council members shall receive ,.,......ensatie i the .,w,, tint of $1,000 per meat $500 for each two week pay period, provided there shall be 26 pay_periods per year. City councilmembers will be paid in accordance with the regular payroll schedule for other City employees. (Ord. 040-17 § 1; Ord. 020-13 § 1; Ord. 020-05 § 1; Ord. 1593 § 1, 1993; Ord. 1533 § 1, 1991). 2.60.020 Cost of living adjustment. Re rerlea b,, n„a non nc Duringeach year of a City council member's term, the Seattle-Tacoma- CPI-U June to June index will be tracked. The cumulative total of the CPI effect on the council member's salary will be applied at the be _ ingning of next term of office for the position, provided that each annual CPI included in the cumulative total shall not be less than 0.0% or more than 4.0%. (Ord. 1593 § 1, 1993; Ord. 1533 § 1, 1991). 2.60.030 Nonattendance. (1) No single council member may be excused for more than four meetings per calendar year (not to include illness and job conflict nonattendance). Acceptable excuses shall be: (a) Vacation; (b) Bereavement; (c) Unusual or unforeseen circumstances such as serious illness in the family, accident, or transportation carrier delay. (2) In the event a council member misses four or more consecutive meetings, the council shall appoint a committee of three council members to meet with the subject council member to discuss that member's ability to perform the duties of that office and then return a recommendation to the whole council as to the continued retention of that member in the council. (Ord. 040-17 § 2; Ord. 035-08 § 1; Ord. 1593 § 1, 1993; Ord. 1533 § 1, 1991). 2.60.040 Other compensation. (1) Reimbursement for meals shall be allowed if the mutually agreed time of meeting is during a meal time. Page 195 of 358 Back to Agenda (2) Reimbursement for mileage shall be made if the meeting is outside the city limits. This would apply to attendance at an approved convention or investigative trip. (Ord. 1873 § 1, 2002; Ord. 1593 § 1, 1993; Ord. 1533 § 1, 1991). Page 196 of 358 Back to Agenda ;W 4 a 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 8E Subject: Adoption of an Ordinance Amending POMC 20.26.020 and 20.132.060 to Include Signage as an Eligible Development Standard Addressed through a Development Agreement Meeting Date: May 9, 2023 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: Port Orchard Municipal Code (POMC) Chapter 20.26 POMC contains standards and procedures governing the City's use of development agreements, which can be entered into between the City and applicants to provide flexibility in the application of development standards. In October 2020, the City Council amended POMC Chapter 20.26, clarifying the standards that may be addressed in a development agreement, providing more specificity on the application and processing requirements and the decision type, and to strengthen requirements for additional public benefit for development agreements. Currently, POMC 20.26.020 omits the City sign code from those development standards which may be modified through a development agreement. The proposed ordinance would amend POMC 20.26.020 and 20.132.060 to allow the approval of a Master Sign Plan utilizing alternative development standards by a development agreement. Development Agreements can be advantageous to the City and to applicants in allowing flexibility in applying development standards that often lead to better project design and infrastructure improvements which benefit the public. Staff discussed the revisions to POMC 20.26.020 and 20.132.060 with the Land Use Committee on January 25, 2023 where the Committee directed staff to continue with the current proposal as drafted and subsequently introduced the item to the Planning Commission at the February 7 Planning Commission meeting. Staff notified the Department of Commerce of the proposed changes after the issuance of a SEPA Determination of Nonsignificance on February 8, 2023. The Planning Commission, after hearing testimony in support of the proposed ordinance at a properly noticed public hearing on March 7, 2023, recommended approval of the ordinance to the City Council. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends approval of the proposed amendments to POMC 20.26.020 and 20.132.060 as presented. Motion for consideration: "I move to adopt an ordinance amending Port Orchard Municipal Code 20.26.020 and 20.132.060, as presented." Fiscal Impact: None foreseen. Page 197 of 358 Back to Agenda Business Item 8E Page 2 of 2 Alternatives: Do not approve the proposed amendment or provide staff direction to develop alternatives. Attachments: Ordinance Page 198 of 358 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE CITY'S DEVELOPMENT CODE WITH REGARD TO DEVELOPMENT AGREEMENTS AND THE CITY SIGN CODE; AMENDING SECTION 20.26.020 OF THE PORT ORCHARD MUNICIPAL CODE TO ADD THE SIGN CODE CHAPTER 20.132 POMC TO THE LIST OF CODE PROVISIONS WHICH MAY BE MODIFIED BY A DEVELOPMENT AGREEMENT; AMENDING SECTION 20.132.060 OF THE PORT ORCHARD MUNICIPAL CODE TO PROVIDE THAT MASTER SIGN PLANS MAY BE APPROVED BY USE OF A DEVELOPMENT AGREEMENT; PROVIDING FOR CORRECTIONS AND SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 36.7013.170, the City Council has the authority to review and enter into development agreements that govern the development and use of real property within the City; and WHEREAS, such agreements are advantageous to both municipalities and applicants by facilitating certainty and stability in the land use permitting process, while also providing flexibility in the innovative application of local development standards, often leading to enhanced project design and infrastructure improvements for the public; and WHEREAS, the City Council adopted standards and procedures governing the City's use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code (POMC) which was last updated by Ordinance No. 030-20; and WHEREAS, when a project includes signage the City's sign code (Chapter 20.132 POMC) applies; and WHEREAS, the Development Agreement section 20.26.020 that sets forth the code chapters that are subject to Development Agreements does not currently include the City sign code; and WHEREAS, for mixed use developments, a master sign plan is required in accordance with POMC 20.132.060; and WHEREAS, allowing master sign plans to be approved by Development Agreement may result in a better result for both project proponents and for the public at large; Page 199 of 358 Back to Agenda Ordinance No. Page 2 of 9 WHEREAS, the City Council desires to adopt the amendments to those regulations set forth in this ordinance to enhance the City's ability to utilize development agreements for the benefit of the City and public; and WHEREAS, this Ordinance was submitted to the Department of Commerce for review on February 8, 2023, and review was granted on April 9, 2023; and WHEREAS, on February 8, 2023, the City's SEPA official issued a determination of nonsignificance for the proposed revisions, and there have been no appeals; and WHEREAS, the Planning Commission conducted a public hearing on the substance of this Ordinance on March 7, 2023, and recommended adoption by the City Council; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and incorporated as findings in support of this Ordinance. SECTION 2. Section 20.26.020 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.26.020 Form of agreement, effect and general provisions. (1) Form. A development agreement shall set forth the development standards and other provisions that apply to and govern and vest the development, use, and mitigation of the development of the real property for the duration specified in the agreement. (a) For the purposes of this chapter, "development standards" may include, but are not limited to: (i) Project elements such as residential densities, nonresidential densities and intensities or building sizes; (ii) The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement Page 200 of 358 Back to Agenda Ordinance No. Page 3 of 9 provisions, other financial contributions by the property owner, inspection fees, or dedications; (iii) Mitigation measures, development conditions, and other requirements under Chapter 43.21C RCW; (iv) Design standards such as maximum heights, setbacks, landscaping, and other development features; (v) Affordable housing; (vi) Parks and open space preservation; (vii) Phasing; (viii) Review procedures and standards for implementing decisions; (ix) A build -out or vesting period for applicable standards; and (x) Any other development requirement or procedure deemed appropriate by the city council. (b) In order to encourage innovative land use management and provide flexibility to achieve public benefits, a development agreement adopted pursuant to this chapter may impose development standards that differ from the following development regulations of this code; provided, that any development standards imposed by the development agreement shall be consistent with the comprehensive plan: Types; (i) Chapter 20.08 POMC, Vesting; (ii) Chapter 20.12 POMC, Definitions; (iii) Chapter 20.30 POMC, Introduction to Zoning, Land Uses, and Building (iv) Chapter 20.32 POMC, Building Types; (v) Chapter 20.33 POMC, Greenbelt District; (vi) Chapter 20.34 POMC, Residential Districts; (vii) Chapter 20.35 POMC, Commercial and Mixed Use Districts; (viii) Chapter 20.36 POMC, Industrial Districts; (ix) Chapter 20.37 POMC, Civic and Open Space Districts; (x) Chapter 20.38 POMC, Overlay Districts; (xi) Chapter 20.39 POMC, Use Provisions; (xii) Chapter 20.40 POMC, Site and Lot Dimensions; (xiii) Chapter 20.41 POMC, Transfer of Development Rights Program; (xiv) Chapter 20.54 POMC, Nonconformities; (xv) Chapter 20.68 POMC, Accessory Dwelling Units; (xvi) Chapter 20.80 POMC, Subdivisions — General Provisions; (xvii) Chapter 20. 82 POMC, Administration and Enforcement; (xviii) Chapter 20.84 POMC, Boundary Line Adjustments; (xix) Chapter 20.86 POMC, Short Subdivisions; (xx) Chapter 20.88 POMC, Subdivisions — Preliminary Plats; (xxi) Chapter 20.90 POMC, Subdivisions — Final Plats; Page 201 of 358 Back to Agenda Ordinance No. Page 4 of 9 (xxii) Chapter 20.94 POMC, Binding Site Plans; (xxiii) Chapter 20.96 POMC, Vacation and Alteration of Final Plans and Short Plats; (xxiv) Chapter 20.98 POMC, Improvements; (xxv) Chapter 20.100 POMC, Development Standards —Subdivision Design; (xxvi) Chapter 20.120 POMC, Development Standards — General Provisions; (xxvii) Chapter 20.122 POMC, Building Elements; (xxviii) Chapter 20.124 POMC, Development Standards — Parking and Circulation; (xxix) Chapter 20.127 POMC, Design Standards; (xxx) Chapter 20.128 POMC, Landscaping; (xxxi) Chapter 20.129 POMC, Significant Trees; xxxii) Chapter 20.132 POMC, Sign Code: (xxxiii) Chapter 20.139 POMC, Residential Design Standards; (xxx+4iv) Chapter 20.162 POMC, Critical Areas Regulations; (xxxvv) Chapter 20.164 POMC, Shoreline Master Program; (xxxvi) Chapter 20.182 POMC, Impact Fees. (c) A development agreement shall not modify any provision of this code that is not identified in subsection (1)(b) of this section. (d) A development agreement may modify the provisions of this code only if the city council determines that the requested modifications are necessary to provide flexibility to achieve public benefits and provide superior outcomes than those that would result from strict compliance with the other applicable development standards. (e) Any approved development standards that differ from those other applicable development standards shall not require any further zoning reclassification, variance from city standards or other city approval apart from development agreement approval. (f) Subsequently adopted standards which differ from those in the development agreement shall apply to the subject site where necessary to address a serious threat to public health and safety or where the development agreement specifies a time period or phase after which certain identified standards may be modified. Building permit applications shall be subject to the building and construction codes in effect when the building permit application is deemed complete. (2) Decision Type. Development agreements are a Type V action and shall be reviewed and approved pursuant to the procedures in Chapter 20.22 POMC and this chapter, except that if the development agreement is consolidated with a new or pending Type I, II, III or IV project permit application as defined in RCW Page 202 of 358 Back to Agenda Ordinance No. Page 5 of 9 36.706.020, the city council's decision to approve, deny, or modify the development agreement may be appealed pursuant to Chapter 36.70C RCW. (3) Effect. Development agreements are not project permit applications and are not subject to the permit processing procedures in Chapter 36.7013 RCW or Chapter 20.24 POMC. A development agreement shall constitute a binding contract between the city and the property owner and the subsequent owners of any later -acquired interests in the property identified in the development agreement. A development agreement governs the project identified in the development agreement during the term of the development agreement, or for all or that part of the build -out period specified in the development agreement, and may not be subject to an amendment to a zoning ordinance or development standard adopted after the effective date of the agreement, except as set forth in this chapter. A permit or approval issued/granted by the city after execution of a valid development agreement must be consistent with the development agreement. (4) Limitations. (a) A development agreement shall be limited to a 20-year term if any provision of the agreement requires the city to: (i) Refrain from exercising any authority that it would have otherwise been able to exercise in the absence of the development agreement; (ii) Defer application to the subject property of any newly adopted development regulations that would otherwise apply to the property identified in the agreement; or (iii) Allow vesting beyond the applicable deadlines for a phased development. (b) The development agreement shall also contain a proviso that the city may, without incurring any liability, engage in action that would otherwise be a breach if the city makes a determination on the record that the action is necessary to avoid a serious threat to public health and safety, or if the action is required by federal or state law. (c) The full costs of drafting and processing the development agreement shall be reimbursed by the owner or applicant prior to final city council action on the agreement to the extent such costs exceed the initial application fee. (5) Developer's Compliance. The development agreement shall include a clause stating that the city's duties underthe agreement are expressly conditioned upon the property owner's substantial compliance with each and every term, condition, provision and/or covenant in the development agreement, all applicable federal, state, and local laws and regulations and the property owner's obligations as identified in any approval or project permit for the property identified in the development agreement. Page 203 of 358 Back to Agenda Ordinance No. Page 6 of 9 (6) No Third Party Rights. Except as otherwise provided in the development agreement, the development agreement shall create no rights enforceable by any party who/which is not a party to the development agreement. (7) Liability. The development agreement shall include a clause providing that any breach of the development agreement by the city shall give right only to damages under state contract law and shall not give rise to any liability under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution, or similar state constitutional provisions. (8) Termination, Modification and Extension. Every development agreement shall have an identified, specific termination date. Upon termination, any further development of the property shall conform to the development regulations applicable to the property at the time of permit application. The city shall not modify any development agreement by extending the termination date unless the city council makes legislative findings that the additional benefits to the city provided by the developer in exchange for such extension of the development agreement outweigh the impacts from the development authorized by the extension. In no case shall an extension include the extension of provisions that are inconsistent with state or federal law at the time of such extension. Any request for a modification shall be consistent with the city's development regulations applicable to the property at the time of the request, not the original execution date of the development agreement. Any extensions granted shall be for no more than a length of 10 years. No more than two extensions of up to 10 years shall be granted. Extensions may not be granted unless an application for an extension is made no later than 180 days prior to the termination date in the development agreement or prior to the termination of any extension of a development agreement. SECTION 3. Section 20.132.060 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.132.060 Master sign plans. (1) Approval Required. Before the city will issue any sign permit relating to space in a proposed new mixed use, nonresidential, multitenant building(s), or multitenant site development, the city must first approve a master sign plan for the building(s) and/or site development. In addition, a master sign plan may be voluntarily developed and maintained by the owner or agent of any new or existing nonresidential use. As an alternative to the procedures included in this section, an applicant may apply for approval under the development agreement procedures under chapter 20.26 POMC. If a development agreement is utilized. then the development agreement procedures shall replace the procedures in this section, provided, however, that the applicant will still provide the information Page 204 of 358 Back to Agenda Ordinance No. Page 7 of 9 listed in subsection 3 below as part of the review under the development agreement procedures. (2) Review Procedures. A master sign plan is a Type I permit per POMC 20.22.030. The community development director shall make the decision on the master sign plan without a hearing. Refer to Chapter 20.24 POMC for application, review and approval procedures. (3) Application Requirements. A complete master sign plan application shall consist of the following: (a) A complete master sign plan application, including the applicant's name, address, phone number and email address. If the applicant is not the property owner(s), then the property owner(s) must be identified and the application must include an affidavit from the property owner(s), verifying that the property owner(s) has given permission to the applicant for the submission of the master sign plan application. No sign may be placed upon real property without the consent of the real property owner(s); (b) A site plan drawn to legible scale, indicating the location of all buildings, driveways and pavement areas, landscape areas, abutting streets and proposed freestanding signs on the site; (c) Elevation drawings of each building on a site that indicates proposed sign locations on each of the buildings; (d) Maximum allowable signage on each elevation based upon a five percent calculation of all facades; (e) The master sign plan application shall identify the sign features and sign types proposed to be used on each building and the proposed location. In addition, a statement shall be included which describes the manner in which the building or site owner wishes to allocate allowable signage among tenants and where specific tenant signage shall be located; (f) A narrative description of the development to demonstrate that the master sign plan meets the required design standards of this chapter; and (g) Fees. Payment of the appropriate fee for a master sign plan. (4) Criteria for Approval. All signs in the master sign plan must meet the criteria for approval in POMC 20.132.050, Sign permits. In addition, all of the signs in the master sign plan: (a) Shall be architecturally similar and visually related to each other through the incorporation of common design elements. Up to two sign types may be used on any one building. All sign cabinets, trim caps and all sign supports such as poles and braces shall be of a common color; (b) Shall be architecturally integrated with the buildings included in the master sign plan; and (c) Must not obscure the view of other signs which are consistent with this chapter. Page 205 of 358 Back to Agenda Ordinance No. Page 8 of 9 (5) Notice of Final Decision. See POMC 20.132.050, Sign permits. (6) Expiration of Master Sign Plan. Once a master sign plan is approved, the signs depicted in the approved plan must be installed within 180 days or the master sign plan will expire. The director may grant a 180-day extension to the master sign plan if such a request is made in writing prior to the expiration of the master sign plan and provided that the sign plan remains consistent with the sign regulations. Building permits and street use permits for any signs shown in the master sign plan shall expire in accordance with other applicable code provisions. No sign may be erected under an expired master sign plan, even if the associated sign permit, building permit or street use permit has not expired. (7) Amendment to Master Sign Plan. An application for an amendment to an approved master sign plan may be made at any time, subject to the same limitations, requirements and procedures as those that apply to an original application in this section. Tenants whose signs are included in the amendment application need the property owner's consent to file such application. In order to approve any such amendment, the director shall consider the existing signs on the building(s) subject to the approved plan when determining whether the application meets the criteria for approval in subsection (4) of this section. SECTION 4. Severability. If any sentence, section, provision, or clause of this Ordinance or its application to any person, entity or circumstance is for any reason held invalid or unconstitutional, the remainder of the Ordinance, or the application of the provision to other persons, entities, or circumstances is not affected. SECTION S. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance, including but not limited to the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 6. Publication and Effective Date. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by state law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 9t" day of May 2023. ATTEST: Robert Putaansuu, Mayor Page 206 of 358 Back to Agenda Ordinance No. Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 9 of 9 Page 207 of 358 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 8F Adoption of an Ordinance Amending POMC 20.24.040 Addressing Counter Completeness and Electronic Permit Submittals Back to Agenda Meeting Date: May 9, 2023 Prepared by: Nicholas Bond, AICP Atty Routing No. Atty Review Date DCD Director N/A N/A Summary: Port Orchard Municipal Code (POMC) Chapter 20.24.040 contains requirements for determining development applications to be counter complete. The determination of a counter complete application is important to the City and to applicants in determining submittal date and calculating permitting timelines. Since the adoption of POMC 20.24.040 the City has seen an increase in electronic submittals and has deployed the Camino system for online submittals. While the interpretation of the existing code has allowed the City to maintain acceptable processing periods, clarifying electronic submittals and the payment of associated permitting fees through the code amendment provides more certainty to all users of this section of Code. Staff introduced the proposed amendment to the Planning Commission at the April 4, 2023 Planning Commission meeting. Subsequently, the City of Port Orchard SEPA Responsible Official issued a Determination of Nonsignificance (DNS) on April 10, 2023. Staff notified the Department of Commerce of the proposed changes after the issuance of the DNS and requested 15-day expedited review on April 10, 2023. The Department of Community Development did not receive comments regarding the proposed code amendment or the DNS. Additionally, the SEPA DNS was not appealed by the May 8, 2023 appeal deadline. The Planning Commission, after conducting a properly noticed public hearing on the proposed ordinance on March 2, 2023, recommended that the City Council approve the ordinance. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends approval of the proposed amendments to Port Orchard Municipal Code 20.24.040 as presented. Motion for consideration: "I move to adopt an ordinance amending Port Orchard Municipal Code 20.24.040, as presented." Fiscal Impact: None foreseen. Alternatives: Do not approve the proposed amendment or provide staff direction to develop alternatives. Attachments: Ordinance Page 208 of 358 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING REVISIONS TO PORT ORCHARD MUNICIPAL CODE (POMC) 20.24.040 TO PROVIDE CLARIFICATION ON ELECTRONIC SUBMITTALS, TIMING OF FEE PAYMENT AND THE TIMELINE TO DETERMINE AN APPLICATION COUNTER COMPLETE; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 13, 2017, the Port Orchard City Council adopted ordinance 019-17 establishing a new unified development code (Title 20 POMQ and WHEREAS, the City may adopt amendments to the City's development regulations pursuant to RCW 36.70A.106; and WHEREAS, the City Council desires to amend POMC Chapter 20.24.040 (Counter - completeness) in order to provide clarification on electronic submittals, timing of fee payment and the timeline to determine an application counter complete.; and WHEREAS, on April 10, 2023, the City submitted to the Department of Commerce a request for expedited review of the proposed revision POMC 20.24.040, pursuant to RCW 36.70A.106(3)(b); and WHEREAS, on April 10, 2023, the City's SEPA official issued a determination of non - significance for the proposed adoption of revisions POMC 20.24.040, and there have been no appeals; and WHEREAS, on May 2, 2023, the Planning Commission held a duly -noticed public hearing on the proposed adoption of revisions to POMC 20.24.040, and the Planning Commission recommended approval of the proposed ordinance to the City Council; and WHEREAS, the City Council, after careful consideration of the recommendation from the Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City and further advance the public health, safety and welfare, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS IQ XVI&I SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as findings in support of this ordinance. Page 209 of 358 Back to Agenda Ordinance No. _-23 Page 2 of 3 SECTION 2. The Port Orchard Municipal Code, Section 20.24.040 is hereby amended to read as follows: 20.24.040 Counter -completeness. (1) Applications may e,eF be submitted to the city in any of the following manners: brought in person to the city, eF applicatiens may be mailed to the city, or submitted electronically using the city's online permits system. All three of these systems are acceptable methods for counter -complete review. However, in no case will an application be deemed counter -complete until such time as the minimum required permit fee is remitted in full. (2) An application is counter -complete if the director finds that the application purports and appears to include the information required by the master permit application and associated permit application(s) and all required fees have been acid; provided, no effort shall be made to evaluate the substantive adequacy of the information in the application(s) in the counter -complete review process. No effort shall be made to determine ownership of land as part of the counter - complete review process. (3) The director shall make a counter -complete determination regarding an application brought in person to the city while the applicant is present. If the director decides that the application is counter complete, then the applicant shall pay the appropriate fees at the time of submittal. For applications mailed to the city or submitted electronically, the counter -complete determination shall be made within two business days from the date of receipt of all application components, including the receipt of any required fees. If the city does not provide a counter -complete determination for a mailed application, the application shall be deemed counter -complete as of the third business day from receipt provided that all fees are included with the mailed application. If the city does not provide a counter -complete determination for an electronically submitted application, the application shall be deemed complete within five business days of the online submittal only if the fees are received no later than four business days following the submittal. No application shall be automatically deemed counter -complete due to the passage of time unless the fees are timely received in accordance with this section. (n�f the d*Fe6tAerdde6*{�es the aPPI*Gati6„*SC�u,AeF complete, *tee appliGatFeR may be su .itted _A.AdI the ii ate fee be paid by rh (154) If the director decides the application is not counter -complete, then the city Page 210 of 358 Back to Agenda Ordinance No. _-23 Page 3 of 3 shall reject and return the application and identify in writing what is needed to make the application counter -complete. SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 17. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 91" day of May 2023. Robert Putaansuu, Mayor Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 211 of 358 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 8G Adoption of an Ordinance Adopting the 2023 Comprehensive Plan Amendments Back to Agenda Meeting Date: May 9, 2023 Prepared by: Nick Bond, AICP Atty Routing No. Atty Review Date Development Director N/A N/A Summary: The City initiated one amendment to the Comprehensive Plan by the deadline of January 31, 2023. The proposed amendment includes changing the land use designation and zoning designation of properties fronting SE Meline Road from Commercial to Low -Density Residential and Commercial Mixed Use (CMU) to Residential 1 (R1) respectively. SE Meline Road is an east -west oriented Local Access designated, dead-end street that is approximately a quarter mile in length. It is located south of the Sedgwick and State Highway 16 interchange, behind the Port Orchard Lowe's store. The current City of Port Orchard zoning designation along SE Meline is CMU — Commercial Mixed -Use that turns into Greenbelt as the road terminates to the west. The Comprehensive Plan Map designation is Commercial. The subject properties are developed with detached houses and single- family residential land uses. However, the CMU district does not permit detached houses as a building type nor permit single-family residential as a land use resulting in non -conforming uses and building types. Infrastructure in the area is insufficient to support land uses permitted in the CMU district without significant financial investment. Further, access to the properties likely reduces the feasibility or desirability of any commercial uses that may be permitted in CMU district. This amendment proposes a Low -Density Residential designation in the Comprehensive Plan Map and a Residential 1 designation in the Zoning Map. The R1 district is most compatible with the existing development and would rectify existing non -conforming uses and building types. This amendment would allow property owners to make improvements according to the development standards associated with the more compatible zoning designation of R1 and would preclude them from limitations set by POMC 20.54 Nonconformities. The City Council reviewed and approved the Comprehensive Plan amendment docket at the February 14, 2023 City Council meeting. The Planning Commission was tasked with reviewing the proposed amendments and making a recommendation to the City Council after holding a public hearing. The Planning Commission set March 7, 2023 as the scheduled public hearing to solicit public input and provide a recommendation to the City Council. Staff provided Notice of Hearing consistent with the requirements of the Port Orchard Municipal Code on February 21, 2023. The Department of Community Development received seven letters and one e-mail related to the proposal. At the March 7, 2023 Planning Commission public hearing, the Planning Commission heard testimony from affected property Page 212 of 358 Back to Agenda Business Item 8G Page 2 of 2 owners and provided a recommendation of approval of the 2023 Comprehensive Plan Amendments as presented. Relationship to Comprehensive Plan: Pursuant to RCW 36.70A.470 and 36.70A.106, the City may annually adopt amendments to the City's Comprehensive Plan. Recommendation: City staff recommends that the City Council approve an Ordinance adopting the 2023 amendments to the City's Comprehensive Plan, as presented. Motion for consideration: "I move to adopt an Ordinance adopting the 2023 amendments to the City's Comprehensive Plan, as presented." Fiscal Impact: None foreseen. Alternatives: Revise the proposed Comprehensive Plan amendments; do not adopt amendments to the Comprehensive Plan. Attachments: 1. Ordinance 2. Existing Comprehensive Plan Map 3. Amended Comprehensive Plan Map 4. Existing Zoning Map 5. Amended Zoning Map 6. Public Comment Page 213 of 358 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE PORT ORCHARD COMPREHENSIVE PLAN ADOPTED UNDER THE STATE OF WASHINGTON'S GROWTH MANAGEMENT ACT, CHAPTER 36.70A RCW; ADOPTING AMENDMENTS TO THE PARKS ELEMENT OF THE COMPREHENSIVE PLAN; ADOPTING AN AMENDMENT TO THE LAND USE DESIGNATION MAP OF THE PORT ORCHARD COMPREHENSIVE PLAN AND TO THE LEGISLATIVE ZONING MAP AMENDMENT; PROVIDING FOR SEVERABILITY, CORRECTIONS, AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, with the passage of the Washington State Growth Management Act in 1990 (GMA), Chapter 36.70A RCW, local governments are required to adopt a comprehensive plan that outlines strategies to accommodate the needs of a growing population; and WHEREAS, in June 1995, the City Council adopted a Comprehensive Plan for the City of Port Orchard and its urban growth area pursuant to the requirements set forth in the GMA; and WHEREAS, the City of Port Orchard completed its most recent periodic update of its Comprehensive Plan in June 2016, as required by the GMA; and WHEREAS, the City may annually adopt amendments to the City's Comprehensive Plan pursuant to RCW 36.70A.470 and 36.70A.106; and WHEREAS, the City initiated an application for Comprehensive Plan amendments by the required deadline date of January 31, 2023; and WHEREAS, the amendment submittal affects properties along SE Meline Road; and WHEREAS, the properties along SE Meline Road are identified by Kitsap County Assessor Parcel Numbers 112301-3-010-2007, 112301-3-009-2000, 112301-3-003-2006, 112301-3-002- 2007, 4800-000-023-0106, 112301-3-048-2003, 112301-3-005-2004, 112301-3-047-2004, 112301-3-008-2001, 112301-3-011-2006, and 112301-3-012-2005; and WHEREAS, the amendment submittal proposes a revision and update to the Land Use Designation Map of the Comprehensive Plan; and WHEREAS, the impacted properties are currently designated Commercial in the Port Orchard Comprehensive Plan Land Use Designation Map; and WHEREAS, the properties are currently designated Commercial Mixed Use in the adopted Port Orchard Zoning Map; and WHEREAS, the amendment submittal proposes a revision and update to the adopted City of Port Orchard Zoning Map; and Page 214 of 358 Back to Agenda Ordinance No. Page 2 of 4 WHEREAS, the Comprehensive Plan amendment would redesignate the properties Low - Density Residential in the Port Orchard Comprehensive Plan Land Use Designation Map; and WHEREAS, the Comprehensive Plan amendment would redesignate the properties Residential 1 in the adopted Port Orchard Comprehensive Zoning Map; and WHEREAS, on January 25, 2023, the City Council Land Use Committee publicly reviewed the 2023 Comprehensive Plan amendments; and WHEREAS, on February 14, 2023, the City Council approved the 2023 Comprehensive Plan amendment docket consistent with POMC 20.04.060; and WHEREAS, on February 15, 2023, notice of the proposed amendments to the City's Comprehensive Plan was sent to the Washington State Department of Commerce at least sixty days before the amendments were adopted, in accordance with RCW 36.70A.106; and WHEREAS, on February 15, 2023, a SEPA Determination of Non -Significance was issued, and provided to the public, agencies, and other interested parties in accordance with the requirements of POMC Chapter 20.04.080, and published in the newspaper of record and on the City website, and emailed to the Washington Department of Ecology; and WHEREAS, on February 21, 2023, a Notice of Hearing was published in the City's newspaper of record advertising a public hearing to be held by the Planning Commission on the proposed 2023 Comprehensive Plan amendment, and the notice was provided to the public, agencies and other interested parties in accordance with the requirements of POMC Chapter 20.04.080; and WHEREAS, on February 21, 2023, a Notice of Hearing was mailed to property owners within 300 feet of impacted properties regarding the proposed 2023 Comprehensive Plan amendment and Legislative Zoning Map amendment; and WHEREAS, the Department of Community Development received eight letters regarding the proposal; and WHEREAS, on March 7, 2023, the Planning Commission held a public hearing and took public testimony on the 2023 Comprehensive Plan amendments and Legislative Zoning Map amendment; and voted unanimously to recommended approval of the amendments to City Council; and WHEREAS, on May 9, 2023, the City Council held a Regular Meeting, considered all public testimony received, considered the Planning Commission's recommendation and find it in the public interest to adopt the proposed amendments to the City's Comprehensive Plan; now, therefore Page 215 of 358 Back to Agenda Ordinance No. Page 3 of 4 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby adopts the above recitals as findings in support of this Ordinance. SECTION 2. The City Council finds that the amendments adopted by this Ordinance are consistent with the goals and policies of the City's adopted 2016 Comprehensive Plan and are consistent with the state Growth Management Act and other applicable law. SECTION 3. The City Council finds that the amendments adopted by this Ordinance will not, individually or cumulatively, result in adverse effects to the public health, safety or welfare. SECTION 4. The City Council finds that no adverse impacts to the environment are anticipated to result from the amendments adopted by this Ordinance. SECTION 5. The City Council finds that the amendments adopted by this Ordinance are consistent with the land uses and growth projects which were the basis of the adopted Comprehensive Plan, are compatible with neighboring land uses and surrounding neighborhoods, and are not anticipated to cause adverse impacts to public services or facilities. SECTION 6. Adoption of Amendments to Comprehensive Plan. In accordance with the above -described Findings and Conclusions, the City Council hereby amends the Port Orchard Comprehensive Plan by approving and adopting the 2023 amendments to the Port Orchard Comprehensive Plan. Such amendments are attached to this Ordinance as Exhibit 1 and incorporated herein by this reference as if set forth in full. The amendments include revisions to the update to the Land Use Designation Map of the Port Orchard Comprehensive Plan and the City of Port Orchard Zoning Map. SECTION 7. Severability. If any sentence, section, provision, or clause of this Ordinance or its application to any person, entity or circumstance is for any reason held invalid or unconstitutional, the remainder of the Ordinance, or the application of the provision to other persons, entities, or circumstances is not affected. SECTION 8. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance, including but not limited to the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 9. Publication and Effective Date. This Ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire Ordinance, as authorized by state law. Page 216 of 358 Back to Agenda Ordinance No. Page 4of4 PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 9t" day of May 2023. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: ATTACHMENTS: Exhibit 1: 2022 Amendments to the Comprehensive Plan including: 1. Land Use Designation Map of the Comprehensive Plan 2. The City of Port Orchard Zoning Map Page 217 of 358 dllli � =111111 � ISO wo, i.a:; iTY OF PORT OR( 2021 rimnrehensive PIS �uuu►: "1§541 :II F. U > us] :a me] NO: r11:4 l �yFc4ff0[• ills I -OWIT Back to Agenda STATE HWY w PI a Illllllillllllll_ II IIIII!IEII�II:' IIII!illl:ll`i NW RISE � m— ROC� HWY _"(0 rw 1� PUG CREEK �: SOUND o `I SISKIN WARBL 9B RFT -LAZULI Rliy r P1� L 01% N O w z O _O t w 7 o°° ti0� Mqc L 02-9 TENBY 44 _9\Qj QO� co m S UNN 00"0 a Sinclair Inlet m w r 0> n J MELCF .:ITSA '- DEKALB I nRv A-Pw 6o F' IGNT,I-o DWIPI-" cLu - 0 1`0 °o 0 o p000d /��° o DIVI ION ° °DIVISION''-I� 0 Z i ; o T��L.O AN� ADA OC TAY t LO z� O i �l C, S�ITH� L SMITH � I' w K �� t -¢ - Ip 11 1 11 BANCROFT 4 wA�� ooQ�� o°c Tci R SHINGTON � s WILLIAMS ILLIN01 r - IST CAMELLIA Q ° 'T m0 �Q°�ii 2NDY ° UJ 3RD a w o_ o ego w SANDBAR r eKALB ' CLW OIT REDM O 3 P NDO RLANDO HORSTMAN J U0 w w tn HARRIET L LOVELLz si Jeff ror' , _ �,�tUj o7 _ Y tllc� 0 Q� i - �y� _� <ti U z MAPLE pj* TREE a a /� �! MEL r-- 0=� Y LAUREL NZPEFL Q w Q / ~ = IR= � RADEY zGUTHRIE - rn �� IgMgjC 0 FOREST PARK HOLLY K Q LO J V Q w o H J wLO HOPIGS O ASH o LU ONES O BECK � J - Q o Z 0 4 0 > OVAU_ w LU MARBErI I a Lli _ h I IVAA rn REDS% p �G ti G) rn F �^ NBRIAR Q L/ CAMERON m �� u CONIFER PARK RED FOX EMPRESS CITY OF PORT ORCHARD 2021 Zoning Map Ruby Creek Overlay District (See POMC 20.38.300) poo 000000 o ° McCormick Village Overlay District (See POMC 20.38.200) 4�00000�oa poo�00000 0 o Downtown Height Overlay District (See POMC 20.38.600) �=00000=oo poo�00000L 0 o View Protection Overlay District (See POMC 20.38.800) �000000�od Self Storage Overlay District (See POMC 20.38.700) Zoning Designation Greenbelt (GB) Residential 1 (R1) Residential 2 (R2) - Residential 3 (R3) - Residential 4 (R4) i Residential 6 (R6) GHAT z �,P��LYMOUTHLORILINDAKERRI g SUMMER N YORKS R Neighborhood Mixed Use (NMU) w HI p °"� POLAR STAR � > Q a J Q FOREST VILLA m TIBURELBY �z w Business Professional Mixed Use (BPMU) T GAZEBO N SERENADE�E� o ERGER BERGER w� ��I-��ZALEA w PEZE04, Commercial Mixed Use (CMU) z DEAN- o ARIE Q 0 RCIA o 0 J ELWOOD 0 q-" o �`O A FOX a� - LO w z J wDowntown Mixed Use DMU GLOVE z o _ o 0 0 MUIR , F �� FEWER ( ) ~'i Q LL =z DUSTY � Lill w FIREWEED -SAL • _ m J MEMO GatewayMixed Use G M U ( ) � %P; j ¢ J 0° SALMONBERRY 0 ��' FORD LJ OLUSA COLVEA V Commercial Corridor (CC) u � =T CALAVERAS J M Q O BELF �� FAY �, � Root � o j TRgV�ERsoN� LANcAsTE -Commercial Heavy (CH) z -: L U�E'ERRY o < z _� VAL TIFFANY LLJL Q w VALE 0- _� ME�FANY Industrial Flex (IF) IS U0 b KOD ///. Y LL, VILLA 0 CARMAE P m � _� oI J CARMAE Light Industrial (LI) .A C z ti it O S' �� _F /. 0 lL S L w �1 m COPPER 0 Civic and Institutional (CI) — Parks and Recreation (PR) Public Facilities (PF) Urban Growth Area Port Orchard UGA City of Port Orchard Department of Community Development 216 Prospect Street, Port Orchard, WA 98366 Phone: (360) 874-5533 Fax: (360) 876-4980 www.cityofportorchard.us This map was created from existing map sources, not from field surveys. While great care was taken in using the most current map sources available, no warranties of any sort, including accuracy, fitness, or merchantability accompany this product. The user of this map assumes responsibility for determining its suitability for its intended use. N This map is not a substitute for field survey. City of Port Orchard Official Zoning Map as adopted by Ordinance 0" 21 on ****, 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM:. Charlotte A. Archer, City Attorney-- -- Sponsored by: Scott Diener, Councilmember PUBLISHED: ***, 2021 EFFECTIVE DATE: ****, 2021 VAN S E The official signed Zoning Map may be viewed at the City Clerk's office. Date Saved: 1 2/27/202 1 2: 1 2: A 2 PM Ij " U,, X I r OF PORT ORCHARD 323 ZONING MAP oviliI -lw±\t: February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE Nicholas Bond, AICP Development Director of The City of Port Orchard Stephanie Andrews, Senior Planner of The City of Port Orchard We support the City of Port Orchard's proposal to Rezone our Parcel from CMU (Commercial Mixed Use) to R2 (Residential Use). Respectfully submitted, Dennis and Teresa Bryant 640 SE Meline Rd Port Orchard Wa 98367 Parcel #112301-3-011-2006 Page 222 of 358 4'16 m R. 50' Fabruary 2, 2023 T,)2-, SE'vidine Rd& Dagwoodlid SE Nicholas Bond, AIC13 Dvvelopi-n-cnt Director of 'llic City ot"Purt Orchard Stoplmnio An drows, Scid-or Platwor of The City of Port Orc-1191'd we support, the city of Part OrQhards. proposal to Rezone our ParG-0 from CMU (Commeroial Mixed Use) to R2 {residential , Parcel #. 1123 (11 -3-047"2004 Chapter 20.34 RESIDENTIAL DISTRICTS Sections: MUM 0 Residentia.111 I (Rl), mo 0 m m 20.34.020 Residentlaf 2 (R2). Page 223 of 358 February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE Nicholas Bond, AICP Development Director of The City of Port Orchard Stephanie Andrews, Senior Planner of The City of Port Orchard We support the City of Port Orchard's proposal to Rezone our Parcel from CMU (Commercial Mixed Use) to R2 (Residential Use). Respectfully submitted, e Jesse Steve` 710 SE Meline Rd Port Orchard Wa 98367 Parcel #112301-3-005-2004 Page 224 of 358 February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE Nicholas Bond, AICP Development Director of The City of Port Orchard Stephanie Andrews, Senior Planner of The City of Port Orchard We support the City of Port Orchard's proposal to Rezone our Parcel from CMU (Commercial Mixed Use) to R2 (Residential Use). Respectfully submitted, Brian and Amy Smalley 581 SE Meline Rd. Port Orchard Wa 98367 Parcel #112301-3-009-2000 Page 225 of 358 February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE Nicholas Bond, AICP Development Director of The City of Port Orchard Stephanie Andrews, Senior Planner of The City of Port Orchard We support the City of Port Orchard's proposal to Rezone our Parcel from CMU (Commercial Mixed Use) to R2 (Residential Use). Respectfully submitted, Dorothy Hilliard 652 SE Meline Rd Port Orchard Wa 98367 Parcel #112301-3-008-2001 Page 226 of 358 February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE Nicholas Bond, AZCP Development Director of The City of Port Orchard Stephanie Andrews, Senior Planner of The City of Port Orchard We support the City of Port Orchard's proposal to Rezone our Parcel from CMU (Commercial Mixed Use) to R2 (Residential Use). Respectfully submitted, y Jack Cook 5759 Dogwood Rd SE Port Orchard Wa 98367 Parcel #4800-00-023-0106 Page 227 of 358 February 2, 2023 Re: SE Meline Rd & Dogwood Rd SE Nicholas Bond, AZCP Development Director of The City of Port Orchard Stephanie Andrews, Senior Planner of The City of Port Orchard We support the City of Port Orchard's proposal to Rezone our Parcel from CMU (Commercial Mixed Use) to R2 (Residential Use). Respectfully submitted, /00t— pa�� Jason Powell 701 SE Meline Rd Port Orchard Wa 98367 Parcel #112301-3-003-2006 Page 228 of 358 Back to Agenda From: Harold Hord <harold97531@gmail.com> Sent: Friday, February 24, 2023 8:12 AM To: Planning Mailbox Subject: Meline rd rezone Port orchard planning, I believe rezoning the property to res 2 from the commercial zoning that it is now would be a more fluid transition giving the property owners more flexibility and accommodate everyone's needs. At this time I'm strongly against my property being rezoned to Res 1 and wish port orchard highly consider the Res 2 option. Thank you for allowing my input. Harold Hordyk parcel #112301-3-012-2005 Page 229 of 358 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 8H Adoption of a Resolution Adopting Personnel Policies Related to Purchasing of Clothing and Work Boots Back to Agenda Meeting Date: May 9, 2023 Prepared by: Debbie Lund HR Director Atty Routing No.: N/A Atty Review Date: N/A Summary: Human Resources continues to review existing City personnel policies and, when appropriate, make recommendations for revisions and adoption of new policies. Human Resources was made aware of departments authorizing clothing allowances and purchasing City -branded clothing for some employees. In an effort to document current practices and provide for consistency amongst the various City departments, Human Resources is proposing a new personnel policy 12.6, related to the purchase and wear of City -branded clothing for non -represented employees and a new personnel policy 12.7, related to the purchase of work boots for certain field employees. Those policies are attached as Exhibit A to the proposed resolution. These proposed policies were shared with City staff in April for review and comment. These policies are proposed for non -represented staff only as union employees either already have language in their respective collective bargaining agreement or have an established past practice within their respective departments. Recommendation: In support of the Council's guiding principal to "raise the bar," staff recommends that the City Council adopt the attached resolution establishing personnel policies to standardize the purchase of City -branded clothing and work boots for non -represented staff. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a resolution, establishing new City personnel policies related to the purchase of City -branded clothing and work boots for non -represented employees." Fiscal Impact: All purchases approved by the Department Director must utilize budgeted funds. Alternatives: Do not approve the Resolution and provide alternative guidance. Attachments: Resolution and Exhibit A Page 230 of 358 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING PERSONNEL POLICIES RELATED TO THE PURCHASING OF CITY -BRANDED CLOTHING AND WORK BOOTS FOR EMPLOYEES. WHEREAS, the Human Resources Department continues to review and, where appropriate, recommend modifications and additions to personnel policies; and WHEREAS, the City has an obligation to purchase and provide safety related clothing items for employees whose occupations require those items; and WHEREAS, some field employees are required to have specialized footwear including steel -toed shoes; and WHEREAS, management has expressed an interest in providing its employees at least one City - branded article of clothing so that employees may represent the City at work and at special events; and WHEREAS, the City wishes to standardize its policies relating to the purchase of City -branded clothing for its non -represented employees; 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: Personnel policies related to clothing with a City logo and work boot allowance for non - represented employees are hereby adopted in substantially the same form as attached hereto as Exhibit A. The Mayor is directed to incorporate these new policies into the City's existing Personnel Policy Manual and take all necessary steps to implement these policies. THAT: In accordance with Resolution 034-10, the Mayor has the authority to amend the personnel policies and procedures, including those adopted by this Resolution, as needed with notification to the City Council. 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 9t" day of May 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 231 of 358 Back to Agenda Exhibit "A" NEW POLICY to address purchase of City logo clothing for employees 12.6 CLOTHING WITH CITY LOGO The City will purchase for each non -temporary, non -represented employee branded/logo clothing to promote the City and to readily identify City employees at work and public events. Clothing is limited to one item per calendar year for office staff, two items per calendar year for field staff and three items per calendar year for parking enforcement staff. Department Directors shall be responsible for ordering the items and must have budgeted funds available for the purchase of the clothing. Employees may wear the branded items of clothing while representing the City. Employees should also understand that their conduct while wearing branded clothing reflects upon the City, regardless of whether the employee is on duty; employees are therefore expected to conduct themselves in a professional and respectful manner while wearing City - branded clothing. Branded items that are faded, frayed, or otherwise in poor condition, at the discretion of the Department Director, must be destroyed. Upon separation from employment, branded clothing items must be returned, destroyed or otherwise treated in a manner that prevents the clothing from being worn in public. Nothing in this policy restricts the City from purchasing additional clothing for the work -related safety or personal protection items for an employee, including but not limited to, reflective clothing, raincoats, rubber boots, coveralls, etc. for an employee. Individual departments shall develop a process and budget for the purchase of work - related safety or personal protective items, which shall be consistent with applicable federal and state laws and regulations and any applicable collective bargaining agreement, and shall be approved by the Mayor or designee. NEW POLICY to document current limited practice of providing a clothing/boot allowance to some employees. 12.7 WORK BOOT ALLOWANCE Upon the request of the Department Director, the Mayor may authorize certain non - represented employees to receive a boot allowance of $175 per calendar year. Employees eligible for a boot allowance are those whose job duties require construction, inspection or enforcement work in the field requiring specialized footwear such as steel toed shoesiboots. Department Directors are responsible for budgeting for the allowance. If approved, an allowance of $175 will be paid in January of each year. New employees, and current employees who have not yet received an allowance in 2023, will receive a pro -rated portion of the allowance based on the number of working months remaining in the calendar year. The Deputy Police Chief will be eligible to receive a boot allowance under the same terms and conditions as those outlined in the collective bargaining agreement between the City and the represented Sergeant employees. Page 232 of 358 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 81 Subject: Adoption of a Resolution Authorizing Back to Agenda Meeting Date: May 9, 2023 Prepared by: Charlotte Archer a Memorandum of Understanding with Kitsap Regional Library for Design Work Atty Routing No for the Community Events Center Atty Review Date City Attorney 366922-0011 N/A Summary: The City and the Kitsap Regional Library ("KRL") have worked collaboratively to develop, design, and finance the construction and long-term operation of the South Kitsap Community Event Center ("CEC"), a special events center to provide a new and expanded space for library services, as well as new community event and meeting space to serve the public in downtown Port Orchard. KRL and the City have collaboratively designed the exterior and interior of the CEC to ensure its dual function as a library and a public events space. The parties continue to negotiate a long-term agreement to govern construction, operation and long-range financing commitments for the project. In the interim, KRL requested modifications to the design for the designated KRL portion of the CEC and committed to paying for the design costs associated with that work. In 2020, the City retained architectural and engineering firm Rice Fergus Miller, Inc. ("RFM") for the design of the CEC (City Contract No. C066-20). KRL's requested modifications to the design triggered Amendment No. 10 to the City's contract with RFM for design services, and KRL has committed to paying for that work. Staff have negotiated a Memorandum of Understanding with KRL that allocates these costs to KRL, and stipulates that KRL will reimburse the City for the costs incurred through Amendment No. 10. Recommendation: Staff recommends approval of the Resolution authorizing the Mayor to execute the Memorandum of Understanding with KRL for design work identified in Amendment No. 10 to Contract No. C066-20 and KRL's commitment to payment therefor. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a Resolution authorizing the Mayor to execute a Memorandum of Understanding with KRL for design work for the Community Events Center." Fiscal Impact: Amendment No. 10 is for an additional $18,683.00, plus reimbursable expenses and applicable taxes. By this Memorandum of Understanding, KRL commits to reimbursing the City for these expenses. Alternatives: Do not approve and provide alternative guidance Page 233 of 358 Back to Agenda Attachments: Resolution Business Item 81 Page 2 of 2 Memorandum of Understanding Amendment No. 10 to Contract No. C066-20 and Attachment 1 thereto Page 234 of 358 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, PERTAINING TO EMERGENCY HOUSING, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH KITSAP REGIONAL LIBRARY FOR CERTAIN DESIGN COSTS FOR THE SOUTH KITSAP COMMUNITY EVENTS CENTER. WHEREAS, since 2018, the City, the Kitsap County Public Facilities District, and the Kitsap Regional Library ("KRL" have worked collaboratively to develop, design and finance the construction of the South Kitsap Community Event Center ("CEC"), a special events center to provide a new and expanded space for library services, as well as new community event and meeting space to serve the public in downtown Port Orchard; and WHEREAS, the City and KRL have worked collaboratively to design the exterior and interior of the CEC to ensure its dual function as a library and a public events space, and are currently negotiating a long-term financing and project partnership agreement to reflect the partners' commitments and roles for construction, and use of the CEC; and WHEREAS, in 2020, the City entered into a Professional Services Agreement, City Contract C066-20 with architectural firm Rice Fergus Miller, Inc., (RFM) for design of the CEC, including limited design of the space to be occupied by KRL; and WHEREAS, KRL has requested modifications to the design for the designated KRL portion of the CEC and committed to paying the City for the costs associated with those design modifications; WHEREAS, the design work attendant to the requested modifications are set out in Amendment No. 10 to the City's agreement with RFM for design; and WHEREAS, the City and KRL have negotiated a Memorandum of Agreement to allocate the costs associated with Amendment No. 10 to KRL; 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 Mayor to execute a Memorandum of Understanding with KRL for Design Work for the South Kitsap Community Events Center, and to take all actions consistent with this authorization and necessary to effectuate its intent. Page 235 of 358 Back to Agenda Resolution No. Page 2 of 2 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 91" day of May 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 236 of 358 Back to Agenda MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ORCHARD AND THE KITSAP REGIONAL LIBRARY FOR DESIGN WORK FOR THE SOUTH KITSAP COMMUNITY EVENT CENTER THIS MEMORANDUM OF UNDERSTANDING pertains to the financing of certain design work for the South Kitsap Community Event Center, in Port Orchard, Washington ("MOU"), made and entered into upon mutual execution by and between the City of Port Orchard ("City") and the Kitsap Regional Library ("KRL"), a Kitsap County Rural Library District. WHEREAS, since 2018, the City, the Kitsap County Public Facilities District, and KRL have worked collaboratively to develop, design and finance the construction of the Port Orchard Community Event Center ("CEC"), a special events center and library space to be constructed on Kitsap County Tax Parcel No. 4650-011-001-0001, located at 619 Bay Street, Port Orchard, Washington 98366 (the "Property"); and WHEREAS, in 2020, the City entered into a Professional Services Agreement, Contract C066-20 ("PSA") with architectural firm Rice Fergus Miller, Inc., (RFM) for design of the CEC, including limited design of the space to be occupied by KRL; and WHEREAS, the City and KRL are currently negotiating a financing and project partnership agreement ("FPP Agreement") to govern complete final design, construction and operations of the CEC; and WHEREAS, in the interim, KRL has requested modifications to the design for the designated KRL portion of the CEC and committed to paying for the costs associated with those design modifications; NOW, THEREFORE, the parties agree as follows: Kitsap Regional Library shall pay the City the amount set out on Amendment No. 10 to the PSA, which is Attachment I hereto and incorporated herein by this reference. This amount reflects the necessary additional design work to the KRL designated tenant space in the CEC, as set out on Attachment 1 hereto. KRL's payment shall be due within 30 days after its receipt of an invoice from the City. 2. The City will execute Amendment No. 10 to the PSA in order to incorporate the scope of work set out on Attachment 1. 3. The Parties acknowledge that this MOU shall be incorporated into the FPP Agreement but does not otherwise impact or set precedent for the terms and conditions the parties are currently negotiating in the FPP Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. IMANAGE\366922\0001 \ 10668590.v 1-5/4/23 Page 237 of 358 Back to Agenda CITY OF PORT ORCHARD KITSAP COUNTY LIBRARY DISTRICT By: Robert Putaansuu, Mayor Dated: By: Jason Driver, Director Dated: IMANAGE\366922\0001 \ 10668590.v 1-5/4/23 Page 238 of 358 Back to Agenda ` City of Port Orchard ., .++„iyn_, ��_• 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Item No.: Business Item 8J Agenda Staff Report Subject: Approval of Amendment No. 10 to Contract No. 066-20 with Rice Fergus Miller for Design Work to Library Space for the Community Events Center Meeting Date: May 9, 2023 Prepared by: Charlotte Archer Atty Routing No Atty Review Date City Attorney 366922-0011 N/A Summary: The City and the Kitsap Regional Library ("KRL") have worked collaboratively to develop, design, and finance the construction and long-term operation of the South Kitsap Community Event Center ("CEC"), a special events center to provide a new and expanded space for library services, as well as new community event and meeting space to serve the public in downtown Port Orchard. KRL and the City have collaboratively designed the exterior and interior of the CEC to ensure its dual function as a library and a public events space. KRL requested modifications to the design for the designated KRL portion of the CEC and committed to paying for the design costs associated with that work. In 2020, the City retained architectural and engineering firm Rice Fergus Miller, Inc. ("RFM") for the design of the CEC (City Contract No. C066-20). KRL's requested modifications to the design triggered Amendment No. 10 to the City's contract with RFM for design services, and KRL has committed — via a Memorandum of Understanding, approved earlier this evening — to paying for that work. Amendment No. 10 authorizes RFM to move forward with the additional design services to modify design within areas of the CEC intended for dedicated use by the Library in the amount of $18,683.00. Recommendation: Staff recommends authorizing the Mayor to execute Amendment No. 10 to Contract C066-20 for design work to modify design within areas of the CEC intended for dedicated use by the Library in the amount of $18,683.00. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to execute Amendment No. 10 to Contract No. C066-20 with Rice Fergus Miller, Inc. for additional design work for the Community Events Center." Fiscal Impact: Amendment No. 10 is for an additional $18,683.00, plus reimbursable expenses and applicable taxes. By this Memorandum of Understanding, KRL commits to reimbursing the City for these expenses. Alternatives: Do not approve and provide alternative guidance. Attachments: Amendment No. 10 to Contract No. C066-20 and Attachment 1 thereto Courtesy copy of Contract No. 066-20 Page 239 of 358 Back to Agenda Amendment No. 10 to Contract No. C066-20 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH RICE FERGUS MILLER, INC. THIS AMENDMENT to Contract No. C066-20 ("Amendment") is made effective as of the 91 day of May, 2023, by and between the City of Port Orchard ("City"), a municipal corporation, organized under the laws of the State of Washington, and Rice Fergus Miller, Inc., a corporation organized under the laws of the State of Washington, located and doing business at 275 5t1i St., Bremerton, WA 98337 ("Consultant"). WHEREAS, on July 29, 2020, the City executed a Professional Services Agreement with Consultant for the South Kitsap Community Event Center Project (the "Project") ("Underlying Agreement"); and WHEREAS, on July 27, 2021, the City and Consultant executed Amendment No. 1 to the Underlying Agreement, increasing the contract amount and adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on September 17, 2021, the City and Consultant executed Amendment No. 2 to the Underlying Agreement, adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on October 12, 2021, the City and Consultant executed Amendment No. 3 to the Underlying Agreement, increasing the contract amount and adding additional scope of work (work within the scope of the initial Request for Qualifications); and WHEREAS, on January 25, 2022, the City and Consultant executed Amendment No. 4 to the Underlying Agreement, increasing the contract amount and adding additional scope of work due to unforeseen on -site conditions; and WHEREAS, on March 21, 2022, the City and Consultant executed Amendment No. 5 to the Underlying Agreement, extending the contract term to accommodate the scope of work; and WHEREAS, on April 12, 2022, the City and Consultant executed Amendment No. 6 to the Underlying Agreement, updating the scope and fee for tasks 4 and 5 of C082-19; and WHEREAS, on September 13, 2022, the City and the Consultant executed Amendment No. 7 to the Underlying Agreement, adding additional design work related to shoreline improvements and permitting; and WHEREAS, on December 13, 2022, the City and the Consultant executed Amendment No. 8 to the Underlying Agreement, adding additional design work LEED Certification feasibility; and WHEREAS, in February 2023, the City and Consultant executed Amendment No. 9 to the Underlying Agreement, adding a modification to the architectural plans to meet LEED silver certification; and WHEREAS, the City received funding from the Kitsap Public Facilities District ("KPFD") via an IMANAGE\366922\0001 \ 10668567.v 1-5/4/23 Page 240 of 358 Back to Agenda Agreement between the City and the PFD (C082-19) for this 8-phase Project, which will result in a Community Event Center; and WHEREAS, the Consultant was selected as the most qualified firm to perform all phases of the Project, and to date the Consultant and City and have completed phases 1-3 as set out in C082-19; and WHEREAS, the City has learned that a condition of funding building and library construction from state funds is LEED certification; and WHEREAS, the City wishes, on behalf of the Kitsap Regional Library, to add design modifications to the CEC space to be occupied by the Library to the scope of work and has prepared this Amendment No. 10 to Contract No. C066-20 for this purpose; and WHEREAS, the Parties acknowledge that funding for the additional scope of work set out in Amendment #10 will be provided by the Kitsap Regional Library; and WHEREAS, the Parties wish to memorialize their agreement to so amend the Underlying Agreement; NOW, THEREFORE, follows: In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as The Underlying Agreement, including previous Amendments Nos. 1-9, is amended as follows (amendment shown in legislative marks): a. The Scope of Work is amended to add the tasks as set out on Attachment 1 hereto (Amendment #10 Request). b. The total contract cost is increased by $18,683.00, plus reasonable reimbursable expenses associated with performing the tasks in Attachment 1, and applicable taxes, all as set out on Attachment 1 hereto (Amendment #10 Request). c. The contract term remains with a termination date of December 31, 2024, unless extended or earlier terminated in accordance with the terms of the Underlying Agreement. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. IMANAGE\366922\0001 \ 10668567.v 1-5/4/23 Page 241 of 358 Back to Agenda CITY OF PORT ORCHARD, CONSULTANT Rice Fergus Miller, Inc. WASHINGTON —ram . i . Robert Putaansuu, Mayor Printed Name and ATTEST/AUTHENTICATED: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney IMANAGE\366922\0001 \ 10668567.v 1-5/4/23 Page 242 of 358 ATTACHMENT 1 to Amendment No. 10 to Contract No. CC Back to Agenda RafergusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAB April 6, 2023 Nick Bond Development Director City of Port Orchard 216 Prospect St Port Orchard, WA 98366 275 Fifth Street, Suite 100 Bremerton, WA 98337 (360) 377-8773 rfmarch.com Re: South Kitsap Community Events Center Amendment 10 Request KRL Revisions RFM Project: 2020002.00 Dear Nick, Rice Fergus Miller (RFM) is pleased to present the following Letter of Proposal to amend our contract for the above referenced project. I. Project Description Kitsap Regional Library (KRL), the designated tenant on the first level of the above referenced project, has requested changes to our design of their space. II. Scope of Services The project previously completed the Design Development phase and is moving into Construction Documents phase. The following scope is to revise the design and drawings based on the attached comments from KRL. The following disciplines are affected by the requested changes and are included in this scope of work: • Architectural • Mechanical Engineer • Structural Engineer • Electrical Engineer III. Exclusions and Additional Services This contract amendment is specific to the described revisions as illustrated in the attached plan comments. No other changes are covered in this contract amendment. IV. Owner Responsibilities It is our understanding that City of Port Orchard and Kitsap Regional Library will provide full information, including a program, setting forth its design objectives, constraints, and criteria; and, the services of other consultants not included here when such services are deemed to be necessary. Page 243 of 358 Back to Agenda South Kitsap Community Events Center Amendment 10 - KRL Revisions April 6, 2023 V. Schedule We have a critical deadline of July 1, 2023 to complete building permit submittals prior to the WA State code cycle change. In order to meet this, we have begun the architectural work to implement these changes. Consultants will need to start their work as soon as possible in this month of April to stay on schedule. We are requesting immediate approval of this proposal. VI. Compensation For the Scope of Services outlined above for Rice Fergus Miller and its consultants, compensation shall be a Fixed Fee of Eighteen thousand six hundred eighty three dollars (18,683.00); plus, reimbursable expenses and any applicable taxes. VII. Terms of Agreement Please provide an amendment to our South Kitsap Community Events Center contract upon accepting this proposal. Vill. Summary Thank you for the opportunity to propose on your project. We look forward to discussing our proposal further and working with you. Please contact me if you have any questions. Sincerely, Fergus Mill r, I c. p�� an Kelly, Pri cipal Architect Attachment: 230405 KRL Plan Revisions Page 244 of 358 Back to Agenda RICEfBYgZISMILLER INCREASE SIZES OF OFFICE. NEED ACOUSTIC SOLUTION FOR OPEN WORKSTATIONS - COULD BE FURNITURE SOLUTION, IE. CUBICLES WILL NEED TO EVALUATE STORAGE CAPACITY FOR LIBRARY SUPPORT SPACES 0 N f u CN 04 £ 0 oN00 � M .s 0 ' w� zL �G w� L LU Q = 0 ' eliminate - closet, create - storage - casework area - outside of , offices, green rect. 1 SPRINK 122 I rn 77- 2 3 4 5 6 7 8 I I I I I I I I I I I I I I — — 1 �IIIIIII �1111111111111111 I IIIIIII IIIIIIIIIIIIIII --------------------------------------- remove exit, not req. shift exterior door, add window to office? y II KRL WOULD LIKE MORE ROOM FOR THE KIDS COLLECTION - REWORK PARTIAL HEIGHT WALLS, SHELVING, AND STACKS T(l IAI(`1--)CACC C17C nE Cr7)A(`C soft seating zone along windows - shorten stacIlCs in this area and relocate some to general reading area I NOTES & LEGEND - FF&E PLAN 1. FURNITURE IS SHOWN FOR COORDINATION PURPOSES ONLY - NIC. 2. ALL LIBRARY SHELVING PROVIDED BY KRL - NIC. 3. COORDINATE POWER LOCATIONS W/ MEP. 4. REFERENCE A/V DELIVERABLE FOR EQUIPMENT NOT SHOWN. 5' DIAMETER TURNING SPACE CLEAR FLOOR SPACE 30" X 48" LINO 9 10 11.1 12 I II I I OPERABLE GLASS PARTITION SYSTEM TO SECURE KRL SPACE WHEN LIBRARY IS CLOSED BUT EVENT CENTER IS OPEN MAINTAINS ACCESS TO LOBBY AND TO MAIN GROUND LEVEL FLEX SPACE, WITH ACCESS TO PLAZA DOORS TO THIS ROOM CAN SIMPLY BE LOCKED WHEN THE LIBRARY IS CLOSED INCLUDE DISPLAY SCREEN AND MEETING TABLES TO MAKE A FLEXIBLE SPACE FOR PROGRAMS. SHELVING — DESIGN COULD BE RETHOUGHT TO KEEP — — — DESIGN INTENT HERE - BUT MAYBE — ❑� — — — HIGHLIGHTS SOME OF OUR DESIGN STORY INSTEAD OF THE ADULT READING COLLECTION _ F.1 @E. — KS ADULT READING I II LIBRARY FLEX — — — — SPACE - 1 it I1 — — L ■ � I I I I I I I I I I ■ I I � �� I I I I I I I ■ ---- ' STOR I I I I I I I Illlfl . — — — IF I STAIR 1 IA- I Li GE E AL READING PROGRAM — -- — STORAGE I— — G AREA I III III I I I I � NOTE: ALL FURNITURE IN THIS I I I I I TWEEN READING 108 [ITT AREA INTENDED TO BE MOVABLE 107 ❑ OL[ Ir- 171 �0 ■■■■■■ ■■■■■ O II 125 00 00 00Fthisareat 00 — S7-ADA�R JAA RR ALL DER 4 113 112 111 p �0 � : 01 RES ROOMS oa o0 00 0 ■ . ❑ L- L�J L J L Jn route. huddle desk an a — — — — — — — — — — — C I tech stations into one thing : I ■ � ELEC ROOM ■ SHARED BUILDING VESTIBULE LOBBY 101 I_ 1 '-8"R.O. 1/ " � '-59/ 6"CAR INSIDE FUTURE TENANT 102 911Y ADIM IFAPPLICABLE SPACE OFFICE I I I I = I I T-9" CLEAR HOISTWAV 8 PIT r ❑ I I ,5-,6"TQ'TAL 124 - ' 110 RECEPTION �_ _ ARTNER OFFICE 132 — — — ❑I� TEEN READING 11 35$. 109 — — — \ AREA- 127 0 -- -- ---- - B III � ❑ ELV 1 STAIR 3(lRF IIII I � I i think we can get most all — o — — E1 — I 1 — — 1 S3.1 1 1 1 1 FRIENDS teen collection on walls STp 7Z ® III III I ICOLLECTION 103 ❑ A.1 — — — — — _ — — — — — — — — — — — — — — — — — — — — — — — — — — A -- - ------ - - -- - o additional stack space or enclosed program ADD EXTERIOR DOOR FOR FRIENDS OF room DESIRE TO RELOCATE PARTNER OFFICE THE LIBRARY SPACE. UTILIZE THIS TO SECOND FLOOR AND REALLOCATE SPACE FOR BOTH THEIR'STORE' AND THIS SPACE TO KRL FUNCTIONS STORAGE. I I I . I — STAFF pP((M E- ROOM: 220 118 : OFFIC ■ 119 LOUD WOR ROOM■ 117 ■""' I. MDF 133 �d o 4 9 L E-No,P. 1 FRONT SEE NOTES 9 & 25 (REF:-P O) i FF&E PLAN -LEVEL 1 1 /8" = 1'-0" 0 4' 8� 16' low ceiling, approx 4-8 --- — L — —, L ILL --_ REAK ROOM KIDS READING % L O ❑ 115 ' DN \ AREA — 126 I -[7607� ❑ 0 ❑T- I RARY S 0 HAS GOOD ACCESS TO COVERED PLAZA ° FOR MOBILE DISPLAYS IN CONJUNCTION WITH EVENTS IN PLAZA AS WELL AS A TEEN SPACE CAN BE REDUCED. DEDICATED ENTRANCE THAT COULD BE REWORK LAYOUT OF SPACE TO INCLUDE I ACCESSED WHEN THE REST OF THE BUILDING IS CLOSED. SOME OF ADULT COLLECTION HERE. I I I I REMOVE BUILT IN BANQUETTE SEATING TO MAXIMIZE FLEXIBILITY � I Page 245 of 358 ARCHITECTURE INTERIORS PLANNING VIZLAB 275 FIFTH STREET, SUITE 100 BREMERTON, WA 98337 360-377-8773 RFMARCH.COM ■ Q M 00 C) _ V W U 0 Q 0 DC Z LU O U Q � � 0 V 0 C2 O W w � W � cn O Q U co PROJECT # 2020002 DESIGN DEVELOPMENT ISSUE DATE SEPTEMBER 30, 2022 REVISION SCHEDULE FF&E PLAN - LEVEL 1 SHEET # A80n0l Back to Agenda RICEfBYgZISMILLER 0 N < � u CN 04 £ 0 oN00 � M • s 0 W H G Z_ u LU �G Lu Q 0 1 2 3 4 5 6 7 8 9 II I I I I I I I I II I I I I I I I I II ', I IIIIIIII IIIIIIIIIIIIIIII I IIIIIII IIIIIIIIIIIIIII add window adjust windows 3 small librarian door change offices, 6 x 8.5 — -STAIR — — — — — S4.1 C" I I I shipment — table, furniture only z, furniture work stations I BREAK ROOM 115 � F < L r==P6 7O==A KRL WOULD LIKE MORE ROOM FOR THE KIDS COLLECTION - REWORK PARTIAL HEIGHT WALLS, SHELVING, AND STACKS T! IA 1�I Anr nI- /lr nI' A� I additional exit eliminate wall and door I soft seati g zone along windows - need powe in floor and walls NOTES & LEGEND - FF&E PLAN 1. FURNITURE IS SHOWN FOR COORDINATION PURPOSES ONLY - NIC. 2. ALL LIBRARY SHELVING PROVIDED BY KRL - NIC. 3. COORDINATE POWER LOCATIONS W/ MEP. 4. REFERENCE A/V DELIVERABLE FOR EQUIPMENT NOT SHOWN. 5' DIAMETER TURNING SPACE CLEAR FLOOR SPACE 30" X 48" LINO 10 11.1 12 II I II I I II I additional exit — — II shift window II I F.1 lockable storage ® — — — — — — — cabinets for a/v and I00 LIBRARY S KS program storage ADULT READING a LIBRARY FLEX — �I SPACE I III 0 ENCLOSABLE PROGRAM SPACE '?tech — — area STAIR 1 � I � — I I ITrl Ll GE E AL 0 0 PROGRAM — -- — o� �o — _ READING AREA STORAGE I— — G III III I - I � � NOTE: ALL RNITURE IN THIS 108 AREA INTEN ED TO BE MOVABLE 107 III — —II— — III DA AL O TWEEN READING wall stack O 17 AREA spaces 114 �0 125 final shelving layout assist and I -" KIDS READING AREA � 126 � � I � � I I � I � � I 0q iq 0q M D F I I gTAfF ADA�R JA - - -�'�AR TBD storage, ALLSPRINKLER if possibleLl J�0--- need floor OI RES ROOMS 122 eliminate doorLU p power operable walls ED 104 JAN 0 o` L[J ❑ L L 0 o �J 130 — — — — — — — — — — — — - — — — — — TIP IMJ self check and printer ELEC ROOM I elminate SHARED BUILDING VESTIBULE EVENT LOAD built in LOBBY 101 123 FUTURE TENANT seating, 7" i 102 I I I SPACE I OFFICE I I change RECEPTION 124 shelving 110 — — —!I PARTNER OFF E TEEN READING 109 — — _IF AREA 127 door change o oo I/. I — — — ECEV 1 — STAIR 3 I — — STORE ° s3.1 I STiO FRIENDSII� ICOLLECTION A.1 — — — — — F— — — — — — — — — — — — — — — — — o q — I I elevator model TBD I ADD EXTERIOR DOOR FOR FRIENDS OF 1 THE LIBRARY SPACE. UTILIZE THIS SPACE FOR BOTH THEIR'STORE' AND STORAGE. HAS GOOD ACCESS TO COVERED PLAZA ° FOR MOBILE DISPLAYS IN CONJUNCTION WITH EVENTS IN PLAZA AS WELL AS A DEDICATED ENTRANCE THAT COULD BE ACCESSED WHEN THE REST OF THE BUILDING IS CLOSED. FF&E PLAN - LEVEL 1 1 /8" = 1'-0" 0 4' 8� 16' I I I Page 246 of 358 ARCHITECTURE INTERIORS PLANNING VIZLAB 275 FIFTH STREET, SUITE 100 BREMERTON, WA 98337 360-377-8773 RFMARCH.COM ■ Q cfl M M O V W U Q 0z DC LU o U 0:� Q V � 0 V 0 O W w �> 0 � W � cn O Q U co PROJECT # 2020002 DESIGN DEVELOPMENT ISSUE DATE SEPTEMBER 30, 2022 REVISION SCHEDULE FF&E PLAN - LEVEL 1 SHEET # A80n0l Back to Agenda RICEfBYgZISMILLER CN CV s � u CN 04 £ O s N C O s M s m • s 0 W H G Z_ u �G w� L LLB Q 0 e I SEZIV du Nlw).r.e (1110 111111111 N1111 V90.9 x IZ9L1.):inoino E)NIHonoui (omm A nNB lb IL901, .9-x mvB10 � ? o6 w 0 (SiloAS 10N) MS1119 U MS HIl > z S 0 U b O O o E FR NT [�Ev. N..z SEE NpTES9&25 (REF:-PWB0) 4'-1 8/i6" IL 2'-91/4"L. OPNG. 7-31/2' 7'-9" R. . A MAIN FLOOR I— ' 1'-11 1/4. 5'-8" R.O. 7, �1 �9/16"F CAR II 1 9 11116---. M (IAPPL2ICABLE T-91 CLEAR HOISTWAY & PIT 4 15'-10" TOTAL H IS II I i FF&E PLAN -LEVEL 2 1 /8" = V-0" 0 _4' 8' 16' NOTES & LEGEND - FF&E PLAN 1. FURNITURE IS SHOWN FOR COORDINATION PURPOSES ONLY - NIC. 2. ALL LIBRARY SHELVING PROVIDED BY KRL - NIC. 3. COORDINATE POWER LOCATIONS W/ MEP. 4. REFERENCE A/V DELIVERABLE FOR EQUIPMENT NOT SHOWN. 5' DIAMETER TURNING SPACE CLEAR FLOOR SPACE 30" X 48" LINO 3 4 5 6 7 8 9 10 11.1 12 I I I I I I I I II I ]0 Xo 313 317 3o Xo Xo Xo Xo Xo 10 10 Xo Xo 32 32 32 313 32 32 317 DE jc:-�'j -o-qp 0 i- 0! DEE OE 13 ELEV 1 MEDIUM MEETING SMALL MEETIN ELEV MACH E1 — — — — — — — — m STAIR 3 m Wu� 209 208 223 - m 46 I s3.2 Im m m — — eye �e�eo�ee�e�e�eo��eeeet}�oe I I I I I I II I I I I I I I II I I I I I I I II I I I I Page 247 of 358 F.1 — E.1 ZJ J ARCHITECTURE INTERIORS PLANNING VIZLAB 275 FIFTH STREET, SUITE 100 BREMERTON, WA 98337 360-377-8773 RFMARCH.COM ■ Q ry M m O� _ V W U � Q 0z DC Lu o U 0:� Q V � 0 V 0 C2 O W Lwu �> 0 � W � cn O Q U co PROJECT # 2020002 DESIGN DEVELOPMENT ISSUE DATE SEPTEMBER 30, 2022 REVISION SCHEDULE FF&E PLAN - LEVEL 2 SHEET # A8OmO2 Back to Agenda 1 2 3 4 5 6 7 8 9 10 11.1 12 II I I I I I I I I II I -------------------------------------------------- II I I I I I I I I II I II II I IIIIIIII IIIIIIIIIIIIIIII� I I I I I I II I I IIIIIII IIIIIIIIIIIIIII; II I I I I I I I I I II I 122 L OFFICE 'ISIONS IN — —i— — OGRESS __ BREAK ROOM% - ��KIDS READING 115 \ AREA I — I I In IF— o� OFFICE - L ----- --- --- --- I oo I 119 STOR I 116 RK I I I ,!I DATA O O 114 r�� MDF AFF RR j 133 - 113 JA - ADA RR 112 LJ 111 E2 Q ° ° II — I I I L�j J I ELEC ROOM 121 J EVENT LOAD 123 FUTURE TENANT SPACE 124 I 0 L I TWEEN READING AREA --- 125 --- o� I00 — — ■�. .�.-----s. ■,.■ --■,-- — — — — ■ ■ TECH ■7 GENERAL 129 ■ READING AREA ■ ■ -------------------------------- A PROGRAM 0 STORAGEI THIS ENTIRE SPACE AVAILABLE 106 FOR KRL PROGRAMS ' (APPROX 1200 SF) ' I I I ' ■ *1MV STAIR 1 EI )e'P OG_ I C ■ ORAGE -I- - - I III —11 107 STOREFRONT ■ ■ I� _ _ PROVIDES ' LIBRARY STACKS ■ III —_- VISIBILITY INTO ■ o� III 128 LIBRARY, ACOUSTIC ■ ENDER SEPARATION FROM ALL LL ROOMS NOISY PROGRAMS, ■RES AND AFTER-HOURS ■ - ' 104 JAN SECURITY ' ■ ■ ■ L�j � III n 130 �o o� P ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ ■i ■ mom ■ L J L J L J Et=ij 00 00 oa (3 I I I 0 0 SHARED BUILDING LOBBY VESTIBULE TEEN READING 101 AREA 102 I 127 I OFFICE I I OFFICE I - I I I - 0 0 0 00 00 — — — I- --I -- ------ _ EL V 1 STAIR s I I I I I - s3.1 I IIIIIIIIIIII FRIENDS III IIIIIIIIIIII COLLECTION II _j --- - - - - - - - — — II I I I I I I I 0 0 F.1 E.1 l Page 248 of 358 Back to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 29th day of July 2020, 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 Rice Fergus Miller, Inc., a corporation, organized under the laws of the State of Washington, doing business at: 275 Fifth Street, Suite 100 Bremerton, WA 98337 (hereinafter the "CONSULTANT") Contact: Steven M. Rice Phone: 360-377-3778 Fax: for professional services in connection with the following Project: The Port Orchard Downtown Community Event Center 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 "B." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. 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 `B" 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. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 1 of 10 Page 249 of 358 Back to Agenda B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on July 29, 2020 ("Commencement Date") and shall terminate March 31, 2022 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. Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $400,000.00. 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. 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 City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 2of10 Page 250 of 358 Back to Agenda 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. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 3of10 Page 251 of 358 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. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 4of10 Page 252 of 358 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 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 City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.docx Rev 7/18/2019 5of10 Page 253 of 358 Back to Agenda Consultant shall maintain the following insurance limits: 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 (as to Sections C.2 and CA), 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 shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. 3. 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 A:VII. 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. City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FfNAL.doex Rev 7/18/2019 6of10 Page 254 of 358 Back to Agenda F. Personal Liability: Owner further agrees that, to the fullest extent permitted by law, no shareholder, officer, director, partner, principal or employee of Rice Fergus Miller shall have personal liability under this Indemnification provision, under any provision of the Agreement, or for any matter in connection with the services provided in connection with the Project. 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. 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 Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Steve Rice, Principal Rice Fergus Miller, Inc. 275 5th Street, Suite 100 Bremerton, WA 98337 Phone: 360-377-8773 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. City of Port Orchard and Rice Fergus Miller Public Works Project No. n/a 066-20 Professional Service Agreement Contract No. SA2020002 South Kitsap Community Event Center\2-Admiu\Contract\RFM Agreement\MASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FINAL. docx Rev 7/18/2019 7of10 Page 255 of 358 Back to Agenda 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 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. 3. 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 City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FINAL.doex Rev 7/18/2019 8of10 Page 256 of 358 Back to Agenda 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 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, CONSULTANT WASHINGTON � By: By: Robert Putaansuu, Mayor Name: Steven M. Rice ATTEST/AUmrsotL ell Title: Principal By: r C City Clerk. APPP, V� FORM: By: Otte A. Archer, CityAttorney-,--__ City nf'Port Orchard and Kice i-ergus Miller Public Works Project No. N A PrgfessionalService Agreement Contract No. 066-20 S:12020002 South Kitsap Community Evmt Cmtart2-AdmndC'ontractVtfAf AgrarnerAWASTER 2018 Prof Svcs Agreemaa SEC 129.18 (%ith SEC wile) 7 18,19 - STAN EDITS (Charlotte A. Archer) PENAL. docz Rev 7/ 18/2019 9of10 Page 257 of 358 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 II 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). City of Port Orchard and Public Works Project No. Professional Service Agreement Contract No. S:A2020002 South Kitsap Community Event Center\2-AdminAContractARFM AgreementAMASTER 2018 Prof Svcs Agreement SEC 1.29.18 (with SEC edits) 7.18.19 - STAN EDITS (Charlotte A. Archer) FINAL.docx Rev 7/18/2019 10 of 10 Page 258 of 358 Back to Agenda RIC(ergusmILLER 275 Fifth Street, Suite 100 Bremerton, WA 98337 (360) 377-8773 rfmarch.com ARCHITECTURE INTERIORS PLANNING VIZLAB EXHIBIT B - REVISED 7/29/20 SOUTH KITSAP COMMUNITY EVENT CENTER DRAFT SCOPE OF WORK PREPARED BY RFM PRESENTED TO CITY OF PORT ORCHARD JULY 1, 2020 This document is in response to TASK 1 and TASK 2 of the "PFD ILA Third Draft (with NB and SEC edits) 10.30.19 (2). ILA TASK 1 + ILA TASK 2 = "PHASE I" SCOPE OF WORK PER RFQ RFM PHASE 1A RFM PHASE 1B • Provides road map for logical sequence of scope pieces -- site selection, programming for space needs, and concept building design • Identifies logical midpoint of combined consultant -supplied design services in response to City's desire to proceed sequentially. • Provides the ability to explore and potentially augment space needs with beneficial uses not currently identified in ILA. • Tailors public outreach and acknowledges need for outreach to master plan stakeholders • Adds activities and deliverables desired by the City now: o Test multiple site options (up to three) with conceptual design for suitability and quality of outcomes at each site o Produce one schematic design (not three) based on agreed upon space program at selected site o Provide Preliminary CEC Monetary Operational Feasibility Report o Coordinate project attributes to City of Port Orchard's consultant performing Downtown Subarea Plan This draft scope does not (yet) address required deliverables for the purposes of this discussion but assumes they are pursuant to how activities are split between RFM Phase 1A and Phase 1 B 1of5 Page 259 of 358 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 EXHIBIT B - REVISED 7/29/20 RFM PHASE 1A: CONCEPTUAL DESIGN DEFINE THE PROJECT IN BASIC TERMS & REACH PRELIMINARY DESIGN PACKAGE (APPROX. 15% OVERALL; APPROX 30% SCHEMATIC DESIGN) Draft Management Plan • Assist City to produce Draft Management Plan. • Determine design team level of responsibility for project management; fit for City • Discuss preliminary project budget creation and responsibility for maintenance. • Discuss project timeline and milestone deliverables • Determine frequency of meetings and get them scheduled ahead on calendars Establish Goals and Objectives • City of Port Orchard (COPO) • Kitsap Regional Library (KRL) • Kitsap Public Facilities District (KPFD) • Other Key Stakeholders (Kitsap Bank, Port Of Bremerton, Sound West Group, Kitsap Transit, etc.) Public Outreach & Communication Initiate public outreach for site attributes and for space needs Restart continuous communication platforms Get public outreach meetings scheduled ahead on calendars Space Programming/Needs Assessment • Conduct space & site programming o With Kitsap Regional Library for library o With Columbia Hospitality for event center o With other identified key stakeholders (Kitsap Bank, City Of Port Orchard, etc.) o With public and user groups via outreach o For other uses the design team may promote Prepare Draft Space Programming Report Site Analysis & Selection • Identify approximately three sites for consideration • Conduct factfinding: utilities, preliminary geotechnical, preliminary environmental, zoning, shorelines, etc. Prepare comparison matrix: ownership, opportunities and restrictions, attributes for CEC program, developable envelope, ability to catalyze other development, ability to boost property values and merchant business, parking, access and transportation, etc. 2 of 5 Page 260 of 358 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 EXHIBIT B - REVISED 7/29/20 • Develop preliminary design scheme (building and site concept) in order to test each site; describe and contrast outcomes (performance vs. goals and objectives, layout, function, other benefits); determine preferred alternative. 3 of 5 Page 261 of 358 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 EXHIBIT B - REVISED 7/29/20 RFM PHASE 113: SCHEMATIC DESIGN FURTHER DEFINE THE PROJECT, PROVIDE PRELIMINARY OPERATIONAL FEASIBILITY & REACH SCHEMATIC DESIGN PACKAGE (APPROX. 25% OVERALL; xx% SCHEMATIC DESIGN) Market Analysis, Financial Viability, and Risk Assessment • Conduct event center analysis with market information and preliminary operational feasibility report • Produce City Of Port Orchard portion of the feasibility study report. Public Outreach & Communication • Continue public outreach for preferred alternative • Maintain continuous communication platforms Space Programming/Needs Assessment • Review Kitsap Public Facilities District feasibility study report findings; finalize space programing as needed. • Verify/confirm space needs and shared use scenarios with building users and key stakeholders. • Provide Preliminary CEC Monetary Operational Feasibility Report Site Analysis • Prepare technical report to inform architectural and site design. o Final geotechnical, final utilities capacity, preliminary storm drainage report o Level 2 environmental, if needed o Biological Evaluation o Topographic Survey o Archeological and Cultural Resources Report including inadvertent discovery plan • Provide shorelines mitigation and preliminary engineering report. Property Ownership/Master Plan • Assist City to work with public and private entities to determine ownership of the CEC property and proposed building. • Update proposed Master Plan (?) • Coordinate project attributes to City Of Port Orchard's consultant performing Downtown Subarea Plan. Schematic Design • Based on updated program information and feedback from the public and City Council, further develop preferred alternative preliminary design scheme (building and site) to approximate __% schematic level 4 of 5 Page 262 of 358 Back to Agenda South Kitsap Community Center RFM Scope of Work -DRAFT July 2, 2020 EXHIBIT B - REVISED 7/29/20 • Provide schematic level cost estimate and present to the City Council. Task 2 City Council Action. City to review preferred alternative with public entities and decide whether to accept additional $600,000 (estimated) for Task 3. Notes: Design Team fees support inherent management responsibilities, including meetings. 5 of 5 Page 263 of 358 EXHIBIT B 3 CL 0 SOUTH KITSAP COMMUNITY EVENT CENTER FEES PER KPFD-CPO INTERLOCAL AGREEMENT JULY 10, 2020 ILA RFQ RFM PROPOSED CONSULTANTS DURATION TASKS DELIVERABLES TASK TASK PHASE FEE CONCEPTUAL DESIGN ARCH TRANSPORTATION PROJECT PLANNING STRUCTURAL ESTABLISH GOALS AND OBJECTIVES PROFESSIONAL SERVICE CONTRACT CIVIL COORDINATE EXISTING MASTER DRAFT MANAGEMENT PLAN SURVEY PER ILA/RFQ PLANNING EFFORTS PUBLIC OUTREACH REPORT 1.1 SHORELINE 9-12 MONTHS REVIEW HISTORICAL PUBLIC INPUT SPACE PROGRAMMING REPORT 1 1.2.1 1A GEOTECH $200 000 PUBLIC OUTREACH (3) SITE ASSESSMENT ALTERNATIVES WITH 1.2.2 ENVIRONMENTAL PROPOSED SPACE PROGRAMMING DESIGN CONCEPT FOR EACH NEEDS ASSESSMENT HIGH LEVEL TRAFFIC, GEOTECH, STRUCTURAL, BIOLOGIST 7 MONTHS CONCEPT PLANNING SURVEY, SHORELINE, GEOTECH, HOSPITALITY HIGH LEVEL SITE ASSESSMENT ENVIRONMENTAL AND BIOLOGIST NARRATIVES FOR EACH SITE ALTERNATIVE 1.4 1.2.3 CITY COUNCIL & KPFD SITE SELECTION: MARKET ANALYSIS, FINANCIAL VIABILITY & RISK ASSESSMENT SCHEMATIC DESIGN ARCH INVESTIGATIVE REPORTS FOR SELECTED SITE: LANDSCAPE ENVIRONMENTAL ASSESSMENT STREETSCAPE PRELIM STORMWATER DRAINAGE REPORT TRANSPORTATION PRELIM GEOTECH REPORT STRUCTURAL BIOLOGICAL EVALUATION CIVIL TOPOGRAPHICAL SURVEY & CRITICAL AREAS SURVEY REVIEW KPFD'S FEASIBILITY REPORT SHORELINE CODE ANALYSIS 1.2.4 SHORELINE PER ILA/RFQ PUBLIC OUTREACH ARCHAEOLOGICAL & CULTURAL RESOURCES SPACE PROGRAMMING REPORT (INCLUDING INADVERTENT 1.2.5 GEOTECH 6-9 MONTHS 2 1.2.6 16 HOSPITALITY $200 000 NEEDS ASSESSMENT DISCOVERY PLAN) 1.2.7 MECHANICAL PROPOSED INVESTIGATION OF SELECTED SITE UTILITIES CAPACITY EVALUATION PROPERTY OWNERSHIP/MASTER PLAN (WATER/SEWER) 1.2.8 ELECTRICAL 9 MONTHS SCHEMATIC DESIGN TRAFFIC REPORT ENVIRONMENTAL DETERMINE SCOPE FOR ILA TASK 3 PRELIMINARY SCHEMATIC DESIGN BIOLOGIST CONCEPT PLANS ARCHAEOLOGICAL COST ESTIMATE CULTURAL SPACE PROGRAMMING & PUBLIC OUTREACH COST ESTIMATING REPORT SCHEMATIC DESIGN AND SITE PLAN DRAFT SCOPE FOR ILA TASK 3 2 1.2.9 CITY COUNCIL ACTION: FEASIBILITY STUDY TO START ILA TASK 3 Page 264 of 358 Back to Agenda EXHIBIT B RIC eYgusmILLER ARCHITECTURE INTERIORS PLANNING VIZLAB 275 Fifth Street, Suite 100 Bremerton, WA 98337 Phone: (360) 377-8773 rfmarch.com 2020 Hourly Billing Rates Date of Proposal: Project: Project No.: The hourly billing rates shall be annually adjusted in accordance with normal salary review practices of Rice Fergus Miller. Principal in Charge: $ 275.00 Senior Planner: $ 175.00 - $ 275.00 Project Manager: $ 130.00 - $ 190.00 Project Architect: $ 120.00 - $ 190.00 Staff Architect: $ 125.00 - $ 160.00 Project Designer: $ 115.00 - $ 190.00 Staff Designer: $ 115.00 - $ 155.00 Interior Designer: $ 90.00 - $ 160.00 Technical Designer: $ 95.00 - $ 155.00 Production Support: $ 85.00 - $ 155.00 Graphics Visualization: $ 115.00 - $ 125.00 Project Coordinator: $ 80.00 - $ 120.00 Administrative Support Staff: $ 80.00 - $ 120.00 Page 265 of 358 O �D 7 CL 03 SOUTH KITSAP COMMUNITY EVENTS CENTER PHASE 1 PROPOSED SCHEDULE YEAR 2020 20: MONTH JUL AUG �SEPOCT NOV DEC JA WEEK STARTING DATE 6 13 20 21 3 10 17 24 31 7 14 21 23 5 12 19 26 2 9 16 z3 30 7 14 21 28 4 • MV- ILA RFQ RFM TASK TASK PHASE 1.1 PROJECT PLANNING 7/21 CITY STUDY SESSION - CONTRACT AMENDMENTS 7/28 CITY BUSINESS SESSION - CONTRACT APPROVAL 1 1A PUBLIC OUTREACH & 1.2.1 PROGRAMMING SITE ASSESSMENT & 12 2 1= CONCEPT PLAN 12/15 CONCEPT DESIGN PRESENTATION 1.4 1.2.3 CITY/KPFD SITE SELECTION F REVIEW KPFD L 1.2.4 FEASIBILITY REPORT L F ASSESS SITE c 1.2.5 ALTERNATIVES FOR c L OWNERSHIP C 2 1.2.6 1g FINAL SITE INVESTIGATION PRELIMINARY 12 7 SCHEMATIC DESIGN COST ESTIMATES PUBLIC OUTREACH 1.2.8 SCHEMATIC DESIGN 2 1.2.9 CITY FEASIBILITY STUDY TO START ILA TASK 3 DESIGN MEETINGS EXHIBIT B Page 266 of 358 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 8K Agenda Staff Report Subject: Approval of Road Closures for a Special Event: Fathoms 0' Fun Festival 54th Grand Parade Meeting Date Prepared by Atty Routing No: Atty Review Date Back to Agenda May 9, 2023 Brandy Wallace, MMC City Clerk N/A N/A Summary: Staff received a special event application for the Fathoms 0' Fun Festival 54t" Grand Parade, scheduled for Saturday, June 24, 2023. The application state's the following: EVENT: 54th Fathoms O' Fun Annual Grand Parade TYPE: Parade DATE(S): Saturday, June 24, 2023 TIME: Setup starts 1:45 p.m., open to public at 6:00 p.m. until approximately 7:45 p.m. with teardown completed by 8:00 p.m. LOCATION: Downtown Port Orchard CLOSURE(S): Port Orchard Boulevard (1:45pm to 7:30pm); Bay Street/SR166, from Port Orchard Boulevard through Bethel Road (5:30pm to 7:45pm) The required notice, pursuant to POMC 5.96.050(3), allowing citizens to provide written comments regarding how allowing the special event will impact their property, business, or quality of life has been published and to -date, the City has received no written concerns regarding this event taking place. Staff and outside agencies have reviewed the application and are working towards ensuring safety measures and traffic control are in place. The applicant is requesting closure of Bay Street/SR166 and several side streets. They are working with WSDOT for their approval. In the meantime, pursuant to Port Orchard Municipal Code 5.94.050(4), staff shall bring forward the special event application to the City council for approval when the event requires a street or highway closure. Staff are in support of the highway and road closures as presented and are continuing to work on the final details of the event with the applicant, ensuring the highway and street closures are to the safety and traffic control standards outlined in City, State, and Federal codes. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends the approval of the road closures, as presented. Page 267 of 358 Back to Agenda Business Item 8K Page 2 of 2 Motion for consideration: I move to approve the road closures for 54th Fathoms O' Fun Annual Grand Parade event, scheduled for Saturday, June 24, 2023, as presented. Fiscal Impact: None. Alternatives: Deny the road closures and provide direction to staff. Attachments: Application, including maps and traffic flow maps, and comments Page 268 of 358 Back to Agenda 0 CHARD SPECIAL EVENT PERMIT APPLICATION (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) STANDARD PROCESSING FEE: $50.00 Event Overview Name of event: Fathoms O' Fun Festival 54th Grand Parade Location of event: Downtown Bay Street Type of Event: Festival []Nalk/Run I VParade Vendor Fair LIConcert El Block Party Il other: Event or organization Wehsite: www,fathomsofun.org Description of event: Annual 54th Grand Parade with staging area on Port Orchard Blvd. Parade begins at 6 PM on Bay/PO Blvd and dispersal at Bethel Intersection_ Event Details Set Up Starts' Take Down Compiete: Start Day: Start Date: Start Time: End Day: End Date: En�Time: Saturday 6/24/2023 1:45pm(POBIv) Saturday 6124/2 23 8prox Event Dates/Times: indicate Dates/Times OPEN to attendees Expected Daily Attendance: Sat_6l24f2423 Participants Spectators volunteers/staff Day: Date: Start Time: End Time: 1,000 2000+ 30f Saturday 6/24/23 6PM 8 PM Day: Date: StartTime: End Time: Day: Date: Start Time: End Time: Additional details. (attach additional pages as needed for additional days or details) PO Blvd. closes at 1.45 pm for parade staging; Bay Street closes at 5:30pm prior to parade start at 6pm. City puts out "no parking" signs earlier in week. Page 269 of 358 City of Port Orchard I Special Eve nt A pp I i cation Revised 111012023 Page 3 of 12 Back to Agenda Admission Fees: Does your event require a paid fee for participants and/or spectators? Yes o Does your event require minimum or suggested donation for participants and/or spectators? es o Admission/participation fee/ suggest donations amount(s): Only charge a fee for politicians running for office ($50) and political parties ($150) Organization Information* Name of Organization: Fathoms O' Fun Festival, Inc. Do you have an active City Business License? Y es No What is your UBI number? 601 299 Ogg Point of Contact Name: Sharron King 360-871-1805 / Bob Morehouse 360-620-3363 Street Address: Mailing Address: (if different from street address) PO Box 312 City: State: Zip: City: Port Orchard VYAState: zae Phone: 360-871.1805 Alternate Phone: 3607314027 Email: kingcreations@wavecable.com *Please note the organization information provided may be shored for inquires made on event details Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily injury Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternational.com/- Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)? ZYes 0 NoZNot Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? You may submit a map to show the available parking for this event in place of providing a written description below. Not at this writing, but business will be notified of event via POBSA_ Fathoms will also contract for a shuttle bus to bring spectators to the downtown area and return them to designated area. City of Port Orchard I Special Event Application Revised I11012023 Page 270 of 358 Page 4 of 12 Back to Agenda Use of City Streets and/or State Highway STATE HIGHWAY: Will this event require closure of a State Highway (most common is Bay Street/SR166)? wlYes ❑No If yes, which highway: W]Bay Street/SR 166 F1Sedgwick Road ❑Mile Hill Drive For State Highway Closures, the sponsoring organization must submit the application to the city at least 120 calendar days before the eventdate. Upon cityapprovai of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDDT) by completing an online application. Once permission is granted from WSDaT, a copy of the fetter of Acknowledgment or an Agreement will need to be provided to the city 45 days prior to the event. WSDDTs online application is located at: hops:llwww.wsdot.wa.gov/contact/events/special-events CITY PROPERTY/STREETS (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below public property/ right-of-way? Oyes WINO If yes, indicate what type of public property is requested to be closed and the location (select all that apply): City Park(s): Evan Zee Park ❑IvicCarmick Etta Turner Rockwell Park Village Park Park ❑Paul Powers n Park Central Park (livens Park Parking Lot(s): 71 Lot 1: between Orchard and Frederick streets on the north side of Bay Street ❑ Lot 2: between Frederick Street and Sidney Avenue, north of Bay St_ ❑ Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library ❑ Lot 4. all parking east of Lot 3 and Harrison Ave and west of the Marina Park ❑ Lot 5- all parking on City Hail property in front of the Police department ❑ Lot 6: abutting the landscaped area at the SW corner of the Say St and Dekalb 5t intersection ❑ Lot T all parking spaced located on the library property which is limited to library staff only ❑ Lot 8- employee parking lot east of City Hail adjacent to Prospect Alley which is between Kitsap Street and Prospect Street. Sidewalks): Parade spectators along Bay Street City of Port 0rchard 1 5peciai Event Appiication Revised 1/10/2023 Page 271 of 358 Page 5 of 12 Back to Agenda Street(s)- If requesting street or highway closure, fill out the "Details of Closure" section below and provide a traffic control plan of the area impacted. Traffic Control Plan: A traffic control plan is required for all street and highway closures and must be submitted with this application. See example Site Plan. The following is required to be on the plan(sl: W] Detour route(s) ❑Pedestrian and Bicycle routes 7Volunteers: how many, where, how long, etc. Signs/Barriers: How many, what kind of signs, were will they be located, who is putting them up, who will be taking them down, etc, Certified flaggers: how many will there be, where will they be stationed, what time will they be there, what time will they be gone, etc. Should your event require traffic control and certified flaggers to manage the road closures, provide the following information: Name of the Traffic Control company: Integrity Traffic Control Point of Contact Name: Local: Jon Hahol (FCF). 360-990-5889 Phone: 1-503-502-5339 (Integrity) Details of Closure(s): Alternate Phone: Jon Hohol (FQF) Email: jnhohol@gmail.com Street Name: Between And Start Date: 6/24/2023 Start Time: 1:45PM End Date: 6/24/2023 End Time: PO Blvd Tremont Hwy 166 7:30pm apex Hwy 166 P❑ Blvd 1 Bethel Ave 6/24/2023 5:30PM 6/24/2023 7:45-apm appx Additional details: (attach additional pages as needed for more streets and/or more details about use.) See parade route map for streets that access Hwy 166 from PC Blvd. to Bethel (Same as last years TCP). City of Part Orchard 1 5pedaI Event Application Revised 111012023 Page 6 of 12 Page 272 of 358 Back to Agenda Alcohol Sales/Services The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB) regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, https://Icb.wa-govl for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event?❑Yes* —]No *If yes, you most contact the Washington State liquor and Cannabis Board for a special liquor license. Food Sales/Service You will need to reach out to the Kitsap Public Health District as they may require a temporary food establishment permit. Visit their website at hLt s: kitsa ublichealth.or FoodSa a pod vendors. h or call (3601728-2235 for information. Will your event have any food service and/or sales?❑Yes �o If yes, how many: Will your event have professional catering? Yes �o If yes, how many: Will your event have food truck(s)? Des Zuo If yes, how many: Washington State Fire Code section 1D5.6.34 Mobile food preparation vehicles is defined as: An operational permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease -laden vapors or utilize LP-ga.s systems ar CNG systems. Contact Community Development. • Food Truck Safes Handout • Mobile Food Pre pa rat ion Vehicle Permit A ppiication Garbage and Recycling Collection Stations: How many bins are you providing as collection containers at your event? r D — 13 - sea attached list Recycle JSL l `/ Garbage Will you manage your own recycling and garbage collection or will it be managed by a vendor? es I INa List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood: Waste Management dumpster will be placed in the last parking stall closest to the Library and boardwalk in Lot#3. City or Port Orchard I Special Event Application Revised 1/1 ❑12023 Page 7 of 12 Page 273 of 358 Back to Agenda Restrooms Prove the number of restrooms that will be available to the public for your event: 28-see attached list Below is an example of the estimated amounts needed per the amount of users recommended in the FFMA Special Events Contingency Planning: Job Aids Manual. No. of users (50% male and 50% female) Minimum number of portable toilets Up to 240 3 250 to 499 4 500 to 900 6 1,000 to 1,999 12 2,000 to 2,999 25 3,000 to 3,999 38 4,000 to 4,999 s0 Master Multi -Vendor Event License Will your event have vendors? Yes W/1lWo If so, how many anticipated exhibitors/vendors will be at your event? If so, will they be selling merchandise and/ or food? Des L]Yo - If you indicated Yes, please see the Food section on Page 4 of this application. POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the sponsor of the master event shall provide a list of participating vendors, their business names, their addresses and their State Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation. . No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. r Vending devices must he removed from vending site-- daily hetween the hours of 1.0.00 p.m. and 6.00 a.m. ■ Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. • Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deerned the vending site. • tltifity service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. ■ No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. • Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and ■ No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. City of Port Orchard I Special Event Appiitatlon Revised 111012023 Page S of 12 Page 274 of 358 Back to Agenda Tents Does your event include a tent or membrane structure? Eyes �NcDot Applicable If yes, what is the tent size: _ Does the tent have sides? ❑ Yes ® No El Not applicable May be required to obtain a permit per POMC 20.200.016.Pplease contact Community Development (360) 874-5533, Event Signage Are you ptanning to put up temporary signs? Dyes ❑No POMC 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials sha11 be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (350) 874-5533 if you have questions or if you need to apply for a sign permit. Amplified Sound Does your event have any amplified sound? ®Yes ❑No Indicate dates time of any amplified sound below: Day, Date: Start Time, End Time: Sat 6/24/2023 5:45 7:30pm appx Day: Date: Start Time: End Time: Day: Date- start Time- End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8.00am background music, etc.): Parade announcers - noted on maps attached Describe what equipment will be used for amplified sound, and at what locations {show in maps}: Kitsap Bank area:BKAT-their system; Bay&Sidney-Small speaker; Review Stand-2 speakers Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed Announcing to crowd as parade units pass ...see attached Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information please contact the Port Orchard Police Department (360) 976-1700. Crty of Part Orchard I Special Event AppIicatian Revised 1/10/2023 Page 9 of 12 Page 275 of 358 Back to Agenda Site Map A site ma is re aired to be submitted which includes the following: Vendors, Yes No WI Not applicable Beer Garden: Yes No ® Not applicable Signage: ® Yes No Not applicable Tents Dyes Fv—(] No 1:1Not applicable Public entrances and exits; El Yes No ® Not applicable Road closures and detours: Z Yes No Not applicable Traffic patterns. ® Yes D No Not applicable Fire Canes: Yes No Not applicable Garbage/Recycling: ® Yes No Not applicable Barricades: W]Yes D No Not applicable First Aid: 71 Yes D No Not applicable Parking: ® Yes D No Ll Not applicable Restrooms- ® Yes 1:1No F Not applicable if event is a run/walk, list start and stop locations and water/rest stations ❑ Yes 11 No ® Not applicable Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, ofFciats, employees and volunteers from all claims, injuries, damages, losses, or suits, Including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the city. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.55 RCW. 1, as the President or Chair of my organization, agree to the terms and conditions listed above. Sharron E King g9,,,2023.011..3111:4Sharron oaoo Sharron King by Signature of President/Chair of Organization Print Name 1 /31 /23 Date City of Port 0rchard I Speda! Event Application Revised 111012023 Page 10 of 12 Page 276 of 358 Back to Agenda Estimate Integrity Traffic 13565 SW Tualatin -Sherwood Rd. Suite 800 Sherwood OR 97140 Phone (503) 602-5339 Billing Address Fathorns O' Fun Festival Inc - WA 8251 5E O'Farrell Lane Phone: 360-871-1805 Work Description Quoted for an 8-hour day. 3 supervisors will be onsite free of charge all signs other than barricades will be provided free of charge _ Estimate M WP(e)-10025 Estimate hate: 07118/2022 Service Address Fathoms O' Fun Festival Inc- WA 8251 SE O'Farrell Lane Port Orchard wa 98366 Product Name Description MY Total Price Type 3 Barricade & Sin Type 3 i3anicade & Sin 27.00 $432.00 01TCT - OT 1 Traffic Tech- Full Svc OT 8.00 S736.00 01TCT - OT 1 Traffic Tech- Full Svc OT 8.00 $736.00 01TCT - OT 1 Traffic Tech- Full Svc ❑ 8.00 $735.00 01 TCT - OT 1 Traffic Tech- Full Svc O 8.00 1 $736.00 � � I r r ntarrre-1 ate: 1 1 z Subtotal: $3,376.00 Tax : $0.00 Total: $3,376.00 Page 277 of 358 Back to Age nda 8i= r r° fi •� LL EU Z o p Z U` VFJ J O r E E Jf t S { Page 278 of 358 Back to Aqenda E 41 ¢ n 2 R a� Z LJ s® t� �Ei m Q N o o J lY' E- �3-a vCm r�� a �v`�a 2iamv �_ 163ia ci88r m`�� li o�n �271 I-3_ aE =� mvp� Sma�� S�«G OZa'9 rn itzci x_ vm' N 0 ® Q . 00 r O � r ! i_ k fl Y .•. a, IlZ � it in IT itc� m C C] tp v-,.-• .. PR gj�j [7 5 T �� YliAfor,.IM. •• O G1 p 7 7 t d O f+r, _ •t E G X �.- Page 279 of 358 �y F en a Back to Aqenda v C N v d N b N Z LU R f : irf r OA 20 of 358 __ baCK tO Aaenaa r ,%e.ry Ave Ra3wkj APp- y w Starlet U !C, R1L;.-_ Bethany Lutheran Float Set Up Check in I4M tbw:rd'Am -,AV nmoJA Gwriwr.. Ayr y � 3• yS• N '��rAvr v m I Jg -- _ - A tel Rd SE- -- LDL i 9 of A" I ana..uowA45: n 3 Pm Lwdrj 6J� u Canyon to Flower -Ave - - Ga'ri W 1I. Aye :.Ta-oma AYE a' Parrland Ave srokar- Ave s� ��ye - z .eft n b; N L Short A SHWA" u s ft tagrn9 Area _ Pori Orchard alpv"r O.;y,�� Oyu wart ld. Tama Avn v u 3 �Clip- AV 'e a i 0 • yill•Kt�Tv*01 AummnAw-List:n .Ayes .Ssdntay AiY /- C a d C.li■ Har s �.E b karriwen�A� l6Tit�eMga rn— - - — - - — N� h I '�' Mwcflwyp� sC A- - �� 5Elnle AtiM 3narNe Air e 1, l r.$t" - r n - #sunstSE i� is C •innE. R �n� _---_ I ;•� � 3 ,w, J �S �,W ueati!}e'i ,K 3 - WMP ` Shuttle Stop H End I� = q C�`'''�1'!SF co p Gravity Coffee/ r NOVUS Glass rt❑averAve Sr o w qua Horse & Trailor .. Parking Area 3 - d South Kitsap Mall I * DA Shuttle Sto #2 I Float Trailors & ♦♦I �_-_-_�_-. �� MitChelI A`e -- [• S@RQrdAve:se= Support Vehicles 11 RCA 500' between signs artl 4 SEA with DA Sign at = Shuttle Stop #3 I ,�; - Farm , $ 4.Ave +S--------• Mitchell Ave. ,- Est. 1890 1 Traffic Control and Detour Plan Grand Parade Page 282 of 358 Note: Eastbound Tremont W has (2) through lanes and (1) left turn lane at intersection with Port Orchard Blvd. Left turn lane will be blocked. Note: Road Closed Ahead sign to be placed at Olney Road and Bay Street East Note: See Enlarged Intersection for details of SW Bay St./166, Port Orchard Blvd. and High Street. Note: See Enlarged Intersection for details of Bay St./166, Bay St, Bethel Ave. and Maple Ave. LEGEND: ��► Detour Route 0 Uniformed Police Officer Water Barrier ' Type III Barrier x2 Integrity Truck ® No Left Turn / Block Turn Lane ® No Right Turn / Block Turn Lane 0 Portable Toilet © Portable Toilet - Handi 0 City/PoB Toilet © Gabage Can LTO Local Traffic Only Sign BO Businesses Open Sign RTO Right Turn Only Sign SEA Sepcial Event Ahead Sign RCA Road Closed Ahead Sign DA Detour Ahead Sign DL Detour Left Sign DR Detour Right Sign V Event Volunteer I Integrity Flagger 0 SR 166 Closure Check in Parade Check -In Start Start of Parade End End of Parade N Drawn By: Fathoms O' Fun Date: June 3, 2022 Scale: NTS Back to Agenda ATTACHMENT TO FATHOMS O' FUN SPECIAL EVENT REQUEST FOR 53rd ANNUAL GRAND PARARDE, ,tune 25, 2022 1. Port Orchard Boulevard MUST BE CLOSED to all traffic except parade traffic from 1:45 pm until the last parade participants are off Port Orchard Boulevard (approximately 7:30 pm). The parade participants will begin to arrive on Port Orchard Boulevard starting at 1:45 pm, utilizing the downhill lane. The barricades and cones will be needed at the top and bottom of Port Orchard Boulevard prior to 1:45 pm. The 10-12 festival floats from other communities will arrive first, park in the Bethany Lutheran Parking area to unload and assemble their floats, as they must ready for judging by 4 pm. The other participants will arrive between 2 pm and 5:30 pro. The parade will form in the downhill curb lane. The center lane will be kept open for down hill parade traffic only, the uphill lane for emergency vehicles and Parade Officials' route control vehicles. 2. Bay Street from Port Orchard Boulevard through it's intersection with Bethel Road should be cleared of parked cars and closed by 5:30 pm. The parade will start at 6 pm and will move east on Bay Street to Bethel Road, the dispersal point. Walking units will disperse on Beach Drive, equestrian units op the hill a little ways on Bethel Road (at the Mattress store on right side), and floats will travel up to the Armory as last year. Fathoms O' Fun will provide volunteer Parade Marshals along Bay Street to keep the parade moving at a steady pace. 3. Public Safety, traffic and crowd control will be provided by Integrity Traffic Control Company. 4. Portable: Handy Kans provided by Hemley's will be placed as follows: 8-10 Handy Kans and trash bags will be spaced at intervals on Port Orchard Boulevard for the use of the parade participants. 1 Handy Kan placed at Kitsap Bank where BRAT TV will be located 2 Handy Kans will be at the Bruce Titus Ford location close to review stand 2 Handy Kans will be placed at West Bay Shopping Center 3 Regular Handy Kans at the POB restroom Area 2 Handicap Handy Kans at the POB restroom Area 3 POB Women's Restroom area toilets 3 POB Men's Restroom area toilets 1 POB outside sari -can at the end of the Rstroom building Total of 27 - in addition, there is the City owned toilet near Kitsap Bank and the POB owned toilets at the Marina Parking across from City Hall Additionally, the last units in the Parade include Fathoms trucks who collect garbage and containers. The parade viewers help in this effort and aid in the collection effort to clear the streets and sidewalks. 5. Prior to parade day, the businesses on Bay Street will receive a schedule of events that will be held in the downtown area. 6. We plan to hire a shuttle van to move vehicle drivers back from the dispersal areas to their parade units, i.e., float crews and horse units. on Port Orchard Boulevard, The van wil i run Fathoms Special Event Application Page 1 Page 283 of 358 Back to Agenda continuously from 3 pm to 5:30 pm. Spectators are expected to use Kitsap Transit regularly scheduled bus service from outlying areas to downtown Port Orchard. Kitsap Transit will not schedule special service. We anticipate hiring two South Kitsap School District small school buses to haul spectators to the downtown area for the parade; however, we do not know how effective it will work at the end of the parade for people to catch the bus back to their parking area... patience. 7. Parade participants are not permitted to distribute materials from moving vehicles on the parade route. Some litter will be left behind by the spectators, but this has not been a major problem in the past. Trash containers will be provided by Fathoms throughout the parade route as show on the maps. Each equestrian unit will have their own clean up "Pooper Scooper" crew, 8. Parade participants will be told they cannot park on Port Orchard Boulevard before, during or after the parade. The city Public Works Department posts Bay Street with "NO PARKING" signs. Any violators will be towed at owner's expense. 9. Local property owners have been asked to give approval for use of their property for assembly and dispersal areas. Separate agreement letters are maintained, and "also insured" insurance certificates are provided to property owners when requested. We will again be using the Bruce Titus Ford parking lot for the reviewing stand. 10. Parade applications mailed out of county will include information regarding availability of overnight accommodations. Fathoms O' Fun does not provide lodging to parade participants, but encourages the use of city and county food and lodging providers. 11. Fathoms O' Fun provides golf cart transportation during the parade formation period to move parade participants between the end of the parade route, the Mall area, and Port Orchard Boulevard Fathoms Special Event Application Page 2 Page 284 of 358 ❑ Q �° _ °' ° o v w: > �- Lr) Z 4-M ❑ � � � d Q •" p.. - j . g � u tw ter ❑ 0 ❑ --0 ❑ �� Vi V) r1 CL ` Cl U r r r ■ • r M r • r Back to Agenda Back to Agenda 2023 FATHOMS O' FUN GRAND PARADE ALONG BAY STREET (Hem€ey's is supplier of Handy Kans) RESTROOMS: MAP #1— Kitsap Bank City Restroorns 1 Handy Kan (KB Drive Thru Map #2—Waterfront Marina 3 Regu€ar Handy Kans 2 Handicap Sani-Cans 3 POB Women's Stalls 3 POB Men's Stalls 1 Sani-Can at rear of restroom facility Map #3 — (Comfort Inn & PO Ford Area) 2 regular Handy Kans at entry into PO Ford used car area Map #4 — West Bay Center Area 1 regular Handy Kan TRASH CANS: Map #1 (Kitsap Bank Area) 1 trash can by Handy Kan 2 trash cans on both sides of Sidney/Bay intersection 2 trash cans on both sides of Harrison/Bay intersection Map #2 — POB Marina 1 trash can outside restroom facility Map #3 -- (PO Ford) T Trash can by Handy Kans 1 Trash can directly across street 1 trash can at Review Stand Map #4 — West Bay Center Area 1 Trash can by Handy Kan RESTROOMS ALONG PORT ORCHARD BLVD 7-10 Handy Kans — Dependent on number of entries Page 286 of 358 Back to Agenda ?Rle�- AAY� � rr*% Libratp. Fof! f%Cha:d Port Orc Parnwe ma * PenmsUla Pei POae r Equip- 119 f Q 1 7 i 11 Baf! Sozds Rya gar akte ❑Games s� Brick Ally s—IeV Ar�$tJt I Q i N Pmspcc[ Ail[3y Praspapt Allay Kitsac Po,—, D-C�Zrd H United Womhodlst � NlW -Lace Errterprises n94 N 9� G❑ g}e i<Fisan 5t Kitsan st Kitsap St K&m) $t Page 287 of 358 Back to Agenda srd P©tt Ore nard Farmers Market 1`01,1sula Feed & 3 PO"Ver Equipment y 0 SGG� ■ Pr6spect Alley Aar* -Luce Enterprises i'rnspecl Alley ProspsrtAiley _-�ar�e-.�an-lielrs a ra 70 g13 P St Kltaap St Kitsap S# Ki3sap 81 Coles Ln a n 13: c m Moron SI m 0 n S m n r r� or a _d 3w Kitsap St R� Page 288 of 358 Back to Agenda C;i*afo-il Iran On The Bay 4 2-5al b"el hard Ford 9 vVest Po , i]rchard CGIG Department Say St ' © Kttsap RV ■ Black i Paddlesurf Co S.,rf v-.sp Morton St 9 a als'ible Peus IQ] Page 289 of 358 Back to Agenda IF y -GO ale Map Orchard Ford One Stop I a: nun Orclard F.:d IPPort Sevice Department �T F j "v'' EG'''cr-ra Say 7uov Espre 9 Etta Turner parr Guy Wetzel Rd S _ �c7y Sr KeyBa::'< Lard illevrcu„ © S yitsa'; PV Black J Paddlesurr Co n 76 a N1e e � Cardtrcrncs?.T1vi .z Vo'° : y Monon St Marlon 51 Y � n+ �•• ]Ini�ij`1 irrE 3152:1]i pz:s Gt a 0 n r ,y � Go gle hkago C- - Page 290 of 358 Back to Agenda PARADE ANNDUNCiNG: 1) BKA7 TV announcing at Kitsap Bank Area ...facing east down Bay Street Using their own equipment 2) FDF Volunteer Announcer at corner of hike shop ... facing north Using portable PA system (Block Buster) 3) Review Stand Volunteer Announcer... announcing east and south mainly, but sound carries west as well. Using PDB sound equipment, 2 stand up speakers facing east mainly Page 291 of 358 Back to Agenda F w F '7� r � 5 l 6 O-L yF�' kf L ip _y v� y. L ;4L Page 292 of 3 a Back to Agenda NNW";. low-, V. Ole of 358-0 f B�ack to Agenda l � r �sl h45L a tie�1fE5G a 7ayiar SL I �G t ° Sn3lh a Yl K ah 1. '� Pilslcc Lr -PORT ORCHARD z CA South q c 'Kl _.. �AaiChtsL Lielcli It� h►r5G SlndWSL T fC2 yy Bremerton _ _ „ � K i i- MV �j Tian o �° Sunrl Ln } y Lta 01,7 $ ! Rod- _ { W.Y Sl. I W, her as Pa I71 SL �4Eilx C[ lnrzc \1�1 Joys+c arw ZTremont°':.°�� s Exit To IInlhwe{iSL hind Am. Up,u'C Parade �q6r. Ye11elrCt � Crew! sr. � agu�Kve:l e G7ldmrvd S� ��_--. - _ Sssfsswde va. u s Rh wady +. 0 RAPADE CHECK -IN START OF PARADE � ssC< �. .ram..-• - END Of $PARADEFm-aad 5 MARCHING UNITS WSPERSAL w c sad isk 51d. EQUESTRIAN UNITSco DASPERSAL FLOAT DISPERSAL cs 0 5 BETHANY LUTHERAN � Swig iGk Exit is�,ur aLn CHURCH = to 4VI To Port Ochard Page 294 of 358 Back to Agenda FATHOMS 0' FUN FESTIVAL ROAD CLOSURE!! CUSTOMERS - IMPORTANT INFORMATION! Saturday, June 24, 2023 HWY 166-BAY STREET WILL BE CLOSED AT 5PM TO ALL INCOMING TRAFFIC THROUGH TOWN FROM BETHEL & BAY ST. TO PORT ORCHARD BOULEVARD. THE ROAD WILL OPEN AT THE IF YOU HAVE PARKED YOUR VEHICLE ON THE NORTH SIDE OF THE DOWNTOWN BUSINESSES AND ARE NOT GONE BY 5PM, YOU WILL NOT BE ALLOWED TO LEAVE UNTIL AFTER THE PARADE IS CONCLUDED. PLEASE PLAN ACCORDINGLY. THANK YOU FOR YOUR COOPERATION! Page 295 of 358 Back to Agenda CITY OF PORT ORCHARD Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-498o mdorsey@cityofportorchard.us www.cityofportorchard.us SPECIAL EVENT APPLICATION REVIEW TO: City Clerk's Office FROM: Tony Lang - Public Works Director DATE: April 3, 2023 RE: Special Event Application — Fathoms Grand Parade 2023 In response to the above -referenced Special Event Application dated January 31, 2023, the City of Port Orchard Public Works Department has the following comments that need to be met prior to approval: Road Closures: An updated Traffic Control Plan needs to be submitted showing the appropriate modifications have been implemented on the plan based on Public Works comments from last year. The current TCP submitted still shows comments from last year. No modifications to the TCP have been implemented in the plan. Event volunteers and/or flaggers shall not abandon their designated posts unless appropriately relieved from responsibility by another volunteer or flagger for the entire length of the event. Bay St shall remain closed until confirmation has been received that there are no obstructions remaining on Bay St. that may pose a hazard to motorists, vendors, spectators, and participants. Sanitation Control and Cleaning: Placement of the garbage dumpster in Lot 3 shall require a Street Use Permit. U:\1—Ad minstration\D_Admin Programs&Initiatives\EVENTS\Grand Parade - Fathoms\2023 Page 296 of 358 Back to Agenda PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY MEMORANDUM TO: Brandy Wallace, City Clerk FROM: Matt Brown, Chief of Police SUBJECT: 2023 — Fathoms 541h Grand Parade DATE: April 3, 2023 There are no additional safety concerns with the special event plan for the Fathoms 54t" Grand Parade. The police department will develop an internal operations plan to manage public safety the 3,000 spectators and participants anticipated to attend the event. The following conditions need to be met before final approval: • Event organizers, traffic control staff, and involved city Departments must meet in - person at least once during the planning process to discuss final traffic and public safety plans. • Event organizers must provide cellular phone numbers for all lead contact persons involved with the event and with traffic control. • Event organizers must develop a plan with downtown businesses to accommodate employees affected by the street closure. Page 1 of I Page 297 of 358 Back to Agenda Brandy Wallace From: Dayna Katula <Dayna.Katula@kitsappublichealth.org> Sent: Monday, March 27, 2023 12:58 PM To: Brandy Wallace Subject: RE: Special Event - Fathoms 54th Grand Parade Hi Brandy, Approve. Thanks! Dayna Katula, IRS I Program Manager Food & Living Environment Program Kitsap Public Health District 345 6th St., Suite 300 1 Bremerton, WA 98337 (360) 728-2301 Office 1 (360) 633-9018 Cell 1 (360) 728-2235 Main DaVna.Katula@kitsappublichealth.org I kitsappublichealth.org -- x 0 From: Brandy Wallace <bwallace@portorchardwa.gov> Sent: Friday, March 17, 2023 3:28 PM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <Dayna.Katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown@portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: RE: Special Event - Fathoms 54th Grand Parade 1 Page 298 of 358 Back to Agenda Brandy Wallace From: Angela Garcia Sent: Monday, April 3, 2023 10:29 AM To: Brandy Wallace Subject: RE: Special Event - Fathoms 54th Grand Parade Brandy, No comments from me on this one. Thanks, Angela Garcia CBO/CFM Deputy Director Community Development Building Official/Fire Code Official City of Port Orchard (360) 874-3130 Please note that my email address has changed to agarcia@portorchardwa.gov . Please update your address book accordingly. Please make official submittals to the Permit Center at Perm itcenter@portorchardwa. ov to ensure maintenance of an accurate Record. From: Brandy Wallace <bwallace@portorchardwa.gov> Sent: Friday, March 17, 2023 3:28 PM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown@portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: RE: Special Event - Fathoms 54th Grand Parade Looks like the original files were to big to send as is. I am resending in a Zip file in hopes you can receive them. Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 www. po rtorch a rdwa.gov 1 Page 299 of 358 Back to Agenda Brandy Wallace From: Business Licensing Sent: Tuesday, March 21, 2023 2:29 PM To: Brandy Wallace; Tony Lang; Dan Schoonmaker; Angela Garcia; Josie Rademacher; Business Licensing; prevention@skfr.org; Kevin Futrell; Dayna Katula Cc: Chris Esguerra; Matt Brown; Jenine Floyd; Kathy Garcia Subject: RE: Special Event - Fathoms 54th Grand Parade No comment, they have an active City license. Thank you, �SusGlvi, �LvisE� Accounting Assistant II City of Port Orchard 16 Prospect Street Port Orchard, WA 98366 (360) 874-5529 / (360) 895-9029 FAX Please visit our website at https.//portorchardwa.gov/ From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: Friday, March 17, 2023 3:28 PM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown @portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: RE: Special Event - Fathoms 54th Grand Parade Looks like the original files were to big to send as is. I am resending in a Zip file in hopes you can receive them. Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 www.portorchardwa.gov City Hall is open to the public, Monday through Friday 8am to 4:30pm. Emergency services are available 24 hours a day by calling 911. Please consider the environment before printing this e-mail. 1 Page 300 of 358 Back to Agenda Brandy Wallace From: Kevin Futrell <kevinf@kitsaptransit.com> Sent: Friday, March 24, 2023 3:35 PM To: Brandy Wallace Cc: Sonya Zierden Subject: FW: [EXTERNAL] RE: Special Event - Fathoms 54th Grand Parade Attachments: Parade Details and Maps Reduced size.zip Kitsap Transit has no issues with the proposed parade. Our last bus departs the PO Ferry terminal at 5:30pm and need access through before they closure similar to last year. Kevin Futrell, JD Kitsap Transit, Transit Service Planner 360-478-6224 (office) Intraoffice Ext, 1004 360-900-7095 (cell) From: Brandy Wallace <bwallace@portorchardwa.gov> Sent: March 17, 2023 3:28 PM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown@portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: [EXTERNAL] RE: Special Event - Fathoms 54th Grand Parade Looks like the original files were to big to send as is. I am resending in a Zip file in hopes you can receive them. Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 w w w. po rt o rc h a rd wa .goy City Hall is open to the public, Monday through Friday 8am to 4:30pm. Emergency services are available 24 hours a day by calling 911. Please consider the environment before printing this e-mail. Please be aware that a -mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e- mail or telephone at (360) 876-7030. 1 Page 301 of 358 Back to Agenda Brandy Wallace From: Hurguy, Josh <jhurguy@skfr.org> Sent: Friday, March 24, 2023 11:34 AM To: Brandy Wallace Cc: Goodwin, Cody Subject: RE: Special Event - Fathoms 54th Grand Parade Good morning, Brandy, SKFR has no concerns with this event. We will need some space dedicated for unit staging in the area of Sidney and Bay, north and south of the intersection, which has been handled via incident planning in conjunction with POPD for past events. We will have a bike team on hand, and I imagine we will be staffing up the EOC at Station 31 with PD again. Thanks, Josh From: Brandy Wallace <bwallace@portorchardwa.gov> Sent: Friday, March 17, 2023 3:28 PM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; Prevention <Prevention@skfr.org>; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown @portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: RE: Special Event - Fathoms 54th Grand Parade Looks like the original files were to big to send as is. I am resending in a Zip file in hopes you can receive them. Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 htt s: Iink.ed a ilot.com s eceOa8c4 L5wJ2jEuDO A sa Go8jLw?u=htt www. ortorchardwa. ov City Hall is open to the public, Monday through Friday Sam to 4:30pm. Emergency services are available 24 hours a day by calling 911. Please consider the environment before printing this e-mail. Please be aware that a -mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e- mail or telephone at (360) 876-7030. 1 Page 302 of 358 Back to Agenda 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 8L Meeting Date: May 9, 2023 Subject: Approval of Road Closures for a Special Prepared by: Brandy Wallace, MMC Event: South Kitsap 2023 Graduation City Clerk Cruise Atty Routing No: N/A Atty Review Date: N/A Summary: Staff received a Special Event application for the South Kitsap 2023 Graduation Cruise, scheduled for Friday, June 9, 2023. The application state's the following: EVENT: South Kitsap 2023 Graduation Cruise TYPE: Parade of Cars DATE(S): Friday, June 9, 2023 TIME: Setup starts on 6/9 at 6:30PM, Cruise will start at 7PM until approximately 8:30PM LOCATION: Downtown Port Orchard Bay Street/SR166 CLOSURE(S): Orchard Avenue, Port Street, Frederick Avenue, Sidney, Port Orchard Blvd, Parts of Kitsap Street and Cline Avenue and parking lots 1 and 2. The required notice, pursuant to POMC 5.96.050(3), allowing citizens to provide written comments regarding how allowing the special event will impact their property, business, or quality of life has been published and to -date, the City has received no written concerns regarding this event taking place. Staff and outside agencies have reviewed the application and are working towards ensuring safety measures and traffic control are in place. The applicant is requesting closure of Bay Street/SR166 and several side streets. They are working with WSDOT for their approval. In the meantime, pursuant to Port Orchard Municipal Code 5.94.050(4), staff shall bring forward the special event application to the City council for approval when the event requires a street or highway closure. Staff is in support of the highway and road closures as presented and is continuing to work on the final details of the event with the applicant, ensuring the highway and street closures are to the safety and traffic control standards outlined in City, State, and Federal codes. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends the approval of the road closures, as presented. Page 303 of 358 Back to Agenda Business Item 8L Page 2 of 2 Motion for consideration: I move to approve the road closures for the South Kitsap 2023 Graduation Cruise event, scheduled for Friday, June 9, 2023, as presented. Fiscal Impact: None. Alternatives: Deny the road closures and provide direction to staff. Attachments: Application, including maps and traffic flow maps, and comments Page 304 of 358 Back to Agenda 'ORCHARD SPECIAL EVENT PERMIT APPLICATION (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) STANDARD PROCESSING FEE: $50.00 Event Overview Name of event: South Kitsap 2023 Graduation Cruise Location of event: Downtown Port Orchard Type of Event: Liestival DNalk/Run ❑ Block Party ❑ Other: Car Cruise Event or Organization Website: TBD arade f Vendor Fair I Iconcert Description of event: Graduation Car Cruise for the graduating South Kitsap High School Class of 2023 Event Details _ Set Up Starts: Start Day: Start Date: Start Time: Friday I 6/9/2023 6:30PM Event Dates/Times: Indicate Dates/Times OPEN to attendees Day: Date: Start Time: End Time: Friday 6/9/2023 17:OOPM 8:30PM Day: Date: I Start Time: End Time: Take Down Complete: End Day: End Date: End Time: Friday 6/9/2023 19:OOPM Expected Daily Attendance: Participants Spectators volunteers/staff 200 300 1 8 Day: Date: Start Time: End Time: f 1 Additional details: (attach additional pages as needed for additional days or details) Certified flaggers will be used at required locations. Volunteers to assist as needed. City of Port Orchard I Special Event Application Revised 111012023 Page 3 of 12 Page 305 of 358 Back to Agenda Admission Fees: Does your event require a paid fee for participants and/or spectators? Yes I Vo Does your event require minimum or suggested donation for participants and/or spectators? es Vo Admission/participation fee/ suggest donations amount(s): 1$0 Organization Information* Name of Organization: Whiskey Gulch CoffeePub Do you have an active City Business License? es No What is your UBI number? 603176597 Point of contact Name: Eric Worden / Kim Shaw / Robert McGee (360-710-6321) Street Address: Mailing Address: (if different from street address) 2065 Bay Street PO BOX 594 City: Port Orchard State: WA Zip: 98366 , City: Port Orchard w tate: Zip: Phone: 360-710-8025 Alternate Phone: 360-516-371 Email: busybeeclean@gmail.com *Please note the organization information provided may be shared for inquires made on event details Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternational.com . Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)? DYe5F1 NoFv_(1NotApplicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? You may submit a map to show the available parking for this event in place of providing a written description below. Parallel Street Parking will only be impacted. Marina, Street, and Public Parking are still available through Harrison for use and transit access. City of Port Orchard I Special Event Application Revised 111012023 Page 306 of 358 Page 4 of 12 Back to Agenda Use of City Streets and/or State Highway STATE HIGHWAY: Will this event require closure of a State Highway (most common is Bay Street/SR166)? Yes —]No If yes, which highway: Bay Street/SR 166 Sedgwick Road Mile Hill Drive For State Highway Closures, the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city 45 days prior to the event. WSDOT's online application is located at: https:j/www.wsdot.wa_gov/contact/events/special eveizts CITY PROPERTY/STREETS (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below public property/ right-of-way? WlYes ❑No If yes, indicate what type of public property is requested to be closed and the location (select all that apply): City Park(s): ❑Van Zee Park []McCormick �I=tta Turner Rockwell Park village Park Park ❑Paul Powers [:]Ccntral Elivens Park Park Park Parking Lot(s): Lot 1: between Orchard and Frederick streets on the north side of Bay Street ❑ Lot 2: between Frederick Street and Sidney Avenue, north of Bay St. ❑ Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library ❑ Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park ❑ Lot 5: all parking on City Hall property in front of the Police department ❑ Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection ❑ Lot 7: all parking spaced located on the library property which is limited to library staff only Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street. Sidewalk(s): Sidewalks will be open for public viewing and use to businesses. Parking lots to be utilized by spectators prior to event. City of Port Orchard I Special Event Application Revised 111012023 Page 5 of 12 Page 307 of 358 Back to Agenda street(s): Bay Street between Harrison and Kitsap. Approx. event time 60-90minutes If requesting street or highway closure, fill out the "Details of Closure" section below and provide a traffic control plan of the area impacted. Traffic Control Plan: A traffic control plan is required for all street and highway closures and must be submitted with this application. See example _Site Plan. The following is required to be on the plan(s): 7Detour route(s) Pedestrian and Bicycle routes Volunteers: how many, where, how long, etc. Signs/Barriers: How many, what kind of signs, were will they be located, who is putting them up, who will be taking them down, etc. Certified flaggers: how many will there be, where will they be stationed, what time will they be there, what time will they be gone, etc. Should your event require traffic control and certified flaggers to manage the road closures, provide the following information: Name of the Traffic Control company: Sound Pacific Construction Point of Contact Name: Trissa White Phone: Alternate Phone: 253-514-6226 Details of Closure(s): Street Name: I Between I And I Start Date: ��r�aT.rrsa - an Email: trissa@soundpacificconst.com Start Time: I End Date: I End Time: Bay St. Kitsap Cline 6/9/2023 6:30pm 6/9/2023 9:00pm Bay St. Frederick Harrison I. if If of Additional details: (attach additional pages as needed for more streets and/or more details about use.) See site plan for access restrictions to Bay from Orchard, Frederick, Sydney, Robert Geiger. City of Port Orchard I special Event Application Revised 111012023 Page 6 of 12 Page 308 of 358 Back to Agenda Alcohol Sales/Services The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB) regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, https://Icb.wa.govl for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event?❑Yes* 17No *If yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. Food Sales/Service You will need to reach out to the Kitsop Public Health District as they may require a temporaryfood establishment permit. Visit their website athttps.11kitsPL7publichealth.orqlFoodSoLebAood vendors.ph or call (360) 728-2235 for information. Will your event have any food service and/or sales?❑Yes Zko If yes, how many: Will your event have professional catering? ❑Yes ZVo If yes, how many: Will your event have food truck(s)? Des ZVo If yes, how many: Washington State Fire Code section 105.6.30 Mobile food preparation vehicles is defined as: An operational permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease -laden vapors or utilize LP -gas systems or CNG systems. Contact Community Development. • Food Truck Safety Handout • Mobile Food Preparation Vehicle Permit Application Garbage and Recycling Collection Stations: How many bins are you providing as collection containers at your event? Recycle O Garbage O Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self -Haul Yes I JNo List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood: There is no waste anticipated for this event. Local businesses will be patronized. City garbage cans are available for incidental refuse. City of Port Orchard I Special Event Application Revised 111012023 Page 7 of 12 Page 309 of 358 Back to Agenda Restrooms Prove the number of restrooms that will be available to the public for your event: See Site Plan Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events Contingency Planning: Job Aids Manual. No. of users (50% male and 50% female) Minimum number of portable toilets Up to 240 3 250 to 499 4 500 to 900 6 12 1,000 to 1,999 2,000 to 2,999 25 3,000 to 3,999 4,000 to 4,999 38 50 Master Multi -Vendor Event License Will your event have vendors?D1les [—,/]No If so, how many anticipated exhibitors/vendors will be at your event? 0 If so, will they be selling merchandise and/ or food? L_lres Llvo -If you indicated Yes, please seethe Food section on Page 4 of this application. POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the sponsor of the master event shall provide a list of participating vendors, their business names, their addresses and their State Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation. • No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. • Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m. • Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. • Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site. • Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. • Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. City of Port Orchard I Special Event Application Revised 111012023 Page 8 of 12 Page 310 of 358 Back to Agenda Tents Does your event include a tent or membrane structure? Bes Z�oElot Applicable If yes, what is the tent size: Does the tent have sides? ❑ Yes I❑ No ❑✓ Not applicable May be required to obtain a permit per POMC 20.200.016.Pplease contact Community Development (360) 874-5533, Event Signage Are you planning to put up temporary signs? ❑✓ Yes ❑No POMC20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Amplified Sound Does your event have any amplified sound? WYes ❑No Indicate dates/time of any amplified sound below: Day: Date: Start Time: End Time: 6/9/2023 6/9/2023 6:30pm 9:00pm Day: Date: Start Time: End Time: Day: Date: Start Time: End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.): Music and DJ PA / Stage at the Brick House 2nd Floor Deck (714 Bay Street) Describe what equipment will be used for amplified sound, and at what locations (show in maps): PA / Music Speakers Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed See site plan Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information please contact the Port Orchard Police Department (360) 876-1700. City of Port Orchard I Special Event Application Revised 111012023 Page 9 of 12 Page 311 of 358 Back to Aqenda www.invarion.com ROAD CLOSED DETOUR ROAD CLOSED TO THRU TRAFFIC DETOUR M'[A CLOSEjDL , ROAD CLOSED TO THRU TRAFFIC DETOUR PCMS Board tBayt June 8be 6:30-8:30 d use detour PCMS Boards Will Be placed in advance one week prior PAGE 2 Detour Roule Overview 312 of 358 Back to Aqenda www.invarion.com ROAD - - ROAD °�OSED CLOSED �, ' � '�►e.. _ DETOUR A' r . .i !." ■YY `�y' r- r4 /1 i I J \ ROAD CLOSED $r r DETOUR DETOUR DETOUR OUR Y, RDAD �► <' _ �` ROAD CLOSED c�oseo � - TO HEAD — ��E CLOSED • 1 W �1:.� � HeAo �JJjjjjyr 1 THRU TRAFFI j�C ' !* r ► �p. �4 ' Y .F fir. r. DETOUR ROAD CLOSED ?' TO ter.?, '' THRU TRAFFIC t � `#•�• s� 6 .}_ �,� DETOUR PAGE 1 overview of Bay St, Plan is to have light at Sidney And Bay St, to be blacked out during parade. Volunteers will be at each road closure. Page 313 of 358 Back to Aqenda www.invarion.com i PAGE 3HEADO l Staging Area Extra staging Slqlq kea Port Orchard Bled ® Arrow Board 314 of 358 Back to Agenda Site Map A site map is required to be submitted which includes the following: Vendors: ❑ Yes ❑ No FIV-1 Not applicable Beer Garden: ❑ Yes ❑ No W1 Not applicable Signage: Z Yes ❑ No ❑ Not applicable Tents: []Yes ❑ No 17 Not applicable Public entrances and exits: ❑ Yes ❑ No WINot applicable Road closures and detours: W1 Yes ❑ No ❑ Not applicable Traffic patterns: W1 Yes ❑ No ❑ Not applicable Fire Lanes: ❑ Yes ❑ No IV] Not applicable Garbage/Recycling: ❑ Yes ❑ No W1 Not applicable Barricades: Yes ❑ No ❑ Not applicable First Aid: ❑ Yes ❑ No Not applicable Parking: W1 Yes ❑ No ❑ Not applicable Restrooms: Z Yes ❑ No Fv—(] Not applicable If event is a run/walk, list start and stop locations and water/rest stations: ❑ Yes ❑ No Z Not applicable Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. I, as the President or Chair of my organization, agree to the terms and conditions listed above. Gi jil.illy signed by Robert P. Robert P. McGee t�cGe Robert P. McGee 3/21/2023 Date: 2023 03.21 16:44:02-07'00' Signature of President/Chair of Organization Print Name Page 315 of 358 Date City of Port Orchard I Special Event Application Revised 111012023 Page 10 of 12 Back to Agenda CITY OF PORT ORCHARD • DEPARTMENT OF COMMUNITY DEVELOPMENT 216 Prospect Street, Port Orchard, WA 98366 '�• ! �? Phone: (36o) 874-5533 •planning@portorchardwa.gov Date: April 21, 2023 To: Brandy Wallace, City Clerk From Josie Rademacher, Assistant Planner RE: 2023 Event Application for South Kitsap 2023 Graduation Cruise The Department of Community Development has reviewed the 2023 Public Event application for the following event: Public Event Application: South Kitsap 2023 Graduation Cruise Date: Friday, June 9, 2023 Location: Downtown Port Orchard Organization: Whiskey Gulch Coffee Pub DCD has the following comments on this application. Event Signage Requirements: 1. All such temporary signage shall be subject to the requirements of Port Orchard Municipal Code 20.132.270. Per POMC 20.132.270 (5)(a) City Right -of -Way Outside of the Roadway. Temporary signs are prohibited in the roadway. Temporary signs on city right-of-way placed outside of the roadway must comply with the following requirements: (a) Location. Allowed only between the property line and the back of the nearest curb, or where no curb exists, between the property line and the nearest edge of the roadway pavement. Signs may not be placed on sidewalks, driveways or other paved areas desianed for pedestrian or vehicular use. in roundabouts or center medians, or as conditioned in a street use permit. 2. For further signage information, please contact the City of Port Orchard Department of Community Development at (360) 874-5533. Page 316 of 358 Back to Agenda Brandy Wallace From: Kevin Futrell <kevinf@kitsaptransit.com> Sent: Friday, March 24, 2023 9:47 AM To: Brandy Wallace; Tony Lang; Dan Schoonmaker; Angela Garcia; Josie Rademacher; Business Licensing; prevention @skfr.org; Dayna Katula Cc: Chris Esguerra; Matt Brown; Jenine Floyd; Kathy Garcia Subject: RE: [EXTERNAL] Special Event - South Kitsap 2023 Graduation Cruise Kitsap Transit has two bus routes that operate during the proposed Bay Street closure. Kitsap Transit will cancel the remaining trips for the night for those two routes. At 6:30pm, there are four buses that are scheduled to depart the PO Ferry terminal. If the closure can start after those buses depart (or 6:35pm), Kitsap Transit would be fine with the closure. Please advise. Kevin Futrell, JD Kitsap Transit, Transit Service Planner 360-478-6224 (office) Intraoffice Ext. 1004 360-900-7095 (cell) From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: March 23, 2023 10:00 AM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jademache r@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown@portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: [EXTERNAL] Special Event - South Kitsap 2023 Graduation Cruise Good morning, Attached is a Special Event application and supporting documents for the South Kitsap 2023 Graduation Cruise taking place June 9, 2023. Please review the materials and provide me your comments by 4/17/2023. Let me know if you have any questions or need anything further. Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 www.Portorchardwa.gov City Hall is open to the public, Monday through Friday 8am to 4:30pm. Emergency services are available 24 hours a day by calling 911. 1 Page 317 of 358 Back to Agenda Brandy Wallace From: Angela Garcia Sent: Thursday, March 23, 2023 3:37 PM To: Brandy Wallace Subject: Re: Special Event - South Kitsap 2023 Graduation Cruise Brandy, I have no comments on this one. Thanks, Angela Sent via the Samsung Galaxy XCover Pro, an AT&T 4G LTE smartphone Get Outlook for Android From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: Thursday, March 23, 2023 10:00:18 AM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org <prevention@skfr.org>; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown @portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: Special Event - South Kitsap 2023 Graduation Cruise Good morning, Attached is a Special Event application and supporting documents for the South Kitsap 2023 Graduation Cruise taking place June 9, 2023. Please review the materials and provide me your comments by 4/17/2023. Let me know if you have any questions or need anything further. Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 www.portorchardwa.gov City Hall is open to the public, Monday through Friday 8am to 4:30pm. Emergency services Are available 24 hours a day by calling 911. Please consider the environment before printing this e-mail. 1 Page 318 of 358 Back to Agenda Brandy Wallace From: Dayna Katula <Dayna.Katula@kitsappublichealth.org> Sent: Thursday, March 23, 2023 12:58 PM To: Brandy Wallace Subject: RE: Special Event - South Kitsap 2023 Graduation Cruise Hi Brandy, No comment. Thanks! Dayna Katula, RS I Program Manager Food & Living Environment Program Kitsap Public Health District 345 6th St., Suite 300 1 Bremerton, WA 98337 (360) 728-2301 Office 1 (360) 633-9018 Cell 1 (360) 728-2235 Main Dayna.Katula@kitsappublichealth.org I kitsappublichealth.orR From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: Thursday, March 23, 2023 10:00 AM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <Dayna.Katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown @portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: Special Event - South Kitsap 2023 Graduation Cruise 1 Page 319 of 358 Back to Agenda Brandy Wallace From: Hurguy, Josh <jhurguy@skfr.org> Sent: Friday, March 24, 2023 11:17 AM To: Brandy Wallace Cc: Goodwin, Cody Subject: RE: Special Event - South Kitsap 2023 Graduation Cruise Good morning, Brandy, SUR has no concerns with this event. Any public safety concerns will be addressed in conjunction with POPD. Thanks, Josh From: Brandy Wallace <bwallace@portorchardwa.gov> Sent: Thursday, March 23, 2023 10:00 AM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; Prevention <Prevention@skfr.org>; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <m brown@ portorcha rdwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: Special Event - South Kitsap 2023 Graduation Cruise Good morning, Attached is a Special Event application and supporting documents for the South Kitsap 2023 Graduation Cruise taking place June 9, 2023. Please review the materials and provide me your comments by 4/17/2023. Let me know if you have any questions or need anything further. Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 htt s: link.edgepilot.com/s/12252740/Nya7hJwnFUOh43ZPkUc2OA?u=http:Z/www.portorchardwa.govl City Hall is open to the public, Monday through Friday Sam to 4:30pm. Emergency services are available 24 hours a day by calling 911. Please consider the environment before printing this e-mail. Please be aware that a -mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e- mail or telephone at (360) 876-7030. 1 Page 320 of 358 Back to Agenda Brandy Wallace From: Matt Brown Sent: Friday, May 5, 2023 11:30 AM To: Brandy Wallace; Tony Lang Subject: Re: Special Event - South Kitsap 2023 Graduation Cruise My apologies. I'm out of the office the rest of the day. If needed today, I'm hoping an email will suffice. The PD does not have any additional public safety concerns. --Matt Sent via the Samsung Galaxy XCover Pro, an AT&T 4G LTE smartphone Get Outlook for Android From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: Friday, May 5, 2023 11:18:07 AM To: Tony Lang <tlang@portorchardwa.gov>; Matt Brown <mbrown@portorchardwa.gov> Subject: FW: Special Event - South Kitsap 2023 Graduation Cruise Do you have a memo to provide as part of the council packet for your status of their approval based on the last meeting we had with the event organizers? Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 www.portorcliardwa.gov City Hall is open to the public, Monday through Friday 8am to 4:30pm. Emergency services are available 24 hours a day by calling 911. Please consider the environment before printing this e-mail. Please be aware that a -mails which pertain to City business may be considered public records and may be subject to public disclosure laws. If you think that you have received this e-mail message in error, please notify the sender via e- mail or telephone at (360) 876-7030. From: Brandy Wallace Sent: Thursday, March 23, 2023 10:00 AM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <m brown @portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: Special Event - South Kitsap 2023 Graduation Cruise 1 Page 321 of 358 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 8M Agenda Staff Report Subject: Approval of Road Closures for a Special Event: The Unforgotten: Run to Tahoma Meeting Date Prepared by Atty Routing No: Atty Review Date Back to Agenda May 9, 2023 Brandy Wallace, MMC City Clerk N/A N/A Summary: Staff received a special event application for The Unforgotten: Run to Tahoma, as celebration of life, scheduled for Saturday, May 27, 2023. The application state's the following: EVENT: The Unforgotten: Run to Tahoma TYPE: Celebration of Life Ceremony DATE: Saturday, May 27, 2023 TIME: Setup starts at 8:00am, open to public at 9:00am until 11:00am, cleanup to be completed by 11:30am LOCATION: Kitsap County Administrative Building, 614 Division Street CLOSURE(S): Division Street, from Sidney Avenue to Cline Avenue and Dwight and Austin Avenue to Cline Avenue The required notice, pursuant to POMC 5.96.050(3), allowing citizens to provide written comments regarding how allowing the special event will impact their property, business, or quality of life has been published and to -date, the City has received no written concerns regarding this event taking place. Staff and outside agencies have reviewed the application and are working towards ensuring safety measures and traffic control are in place. The applicant will have the Kitsap County Sheriff's office control traffic from Sidney to SR166 for a funeral procession upon departing from Division Street after the Ceremony. Staff are in support of the road closures as presented and will continue to ensure the event meets the safety and traffic control standards outlined in City, State, and Federal codes. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends the approval of the road closures, as presented. Motion for consideration: I move to approve the road closures for T The Unforgotten: Run to Tahoma event, scheduled for Saturday, May 27, 2023, as presented. Page 322 of 358 Back to Agenda Fiscal Impact: None. Business Item 8M Page 2 of 2 Alternatives: Deny the road closures and provide direction to staff. Attachments: Application, including maps and traffic flow maps, and comments Page 323 of 358 Back to Agenda SPECIAL EVENT PERMIT APPLICATION PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) STANDARD PROCESSING FEE: $50.00 Event Overview I? E C- jj- -V-S �1) F pO �y C RT ORcptf O ►C 5 D�CE Name of event: The Unforgotten: Run to Tahoma Location of event: Kitsap County Administration Building, Division Stree, Port Orchard Type of Event: Festival Valk/Run Parade Vendor Fair Concert ❑ Block Party ❑ Other: Vet Ceremony Event or Organization Website: https://www.kitsapgov.com/hs/PagesNAB-Run-to-Tahoma.aspx Description of event: Each year the Kitsap County Board of Commissioners, Kitsap County Coroner's Office, Kitsap County Veterans Advisory Board, and Combat Veterans International host The Unforgotten, Run to Tahoma. This is a ceremony held on the Saturday of the Memorial Day weekend at the county administration building and honors deceased veterans whose remains have not been rlaimnri by family nr_.frianrl.c..fnr h� �ri�l Af/nr rnlnhr�finn of life rnrmm�n» v,Qf,-r2n r•r Event Details Set Up Starts: Start Day: Start Date: Start Time Saturday 05/27/2023 0800 I Event Dates/Times: Indicate Dates/Times OPEN to attendees -1100 Day: Date: Start Time: I End Time: Saturday 05/27/2023 0900 1100 Day: Date: Start Time: End Time: Day: I Date: I Start Time: I End Time: Take Down Complete: End Day: End Date: End Time: Saturday 05/27/2023 1130 Expected Daily Attendance: [Participants Spectators volunteers/staff 250 1 300 1 25 Additional details: (attach additional pages as needed for additional days or details) A brief ceremony will be held to honor the deceased veterans at the Kitsap County Administration building on Division Street. Immediately following the ceremony the cremains will be excorted to the Tahoma National Cemetery. City of Port Orchard I Special Event Application Revised 111012023 Page 324 of 358 Page 3 of 12 Back to Agenda Admission Fees: Does your event require a paid fee for participants and/or spectators? I I'Yes ��V0 Does your event require minimum or suggested donation for participants and/or spectators? Admission/participation fee/ suggest donations amount(s): No admission or participation fees are required or requested. Organization Information* Name of Organization: Kitsap County Veterans Advisory Board Do you have an active City Business License? es NO What is your UBI number? N/A Point of Contact Name: Richard Becker Street Address: 6955 Cadmar Ln NW City: Seabeck Phone: 360-337-4811 NO Mailing Address: (if different from street address) State: WA Zip: 98380 City: State: Zip: Alternate Phone: 360-633-020.. Email: rbecker@kitsap.gov `Please note the organization information provided may be shared for inquires made on event details Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at event!nsure.hubinternational.com/. Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)? Yes❑ No 7 Not Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? You may submit a map to show the available parking for this event in place of providing a written description below. Sufficient parking will be available at designated Kitsap County parking areas. City of Port Orchard I Special Event Application Revised 111012023 Page 325 of 358 Page 4 of 12 Back to Agenda Use of City Streets and/or State Highway STATE HIGHWAY: Will this event require closure of a State Highway (most common is Bay Street/SR166)? yes VNo If yes, which highway: Bay Street/SR 166 1-1 Sedgwick Road Mile Hill Drive For State Highway Closures, the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing on online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city 4S days prior to the event. WSDOT's online application is located at: httr)s://www.wsdot.wa.gov/contact/events/special-eveilLs CITY PROPERTY/STREETS (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below public property/ right-of-way? WlYes F1No If yes, indicate what type of public property is requested to be closed and the location (select all that apply): City Park(s): ❑Van Zee Park McCormick Etta Turner Rockwell Park village Park Park ❑Paul Powers Park Elentral Park QLivuns Park Parking Lot(s): Lot 1: between Orchard and Frederick streets on the north side of Bay Street ❑ Lot 2: between Frederick Street and Sidney Avenue, north of Bay St. ❑ Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library ❑ Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park ❑ Lot 5: all parking on City Hall property in front of the Police department ❑ Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection ❑ Lot 7: all parking spaced located on the library property which is limited to library staff only ❑ Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street. Sidewalk(s): City of Port Orchard I Special Event Application Revised 111012023 Page 5 of 12 Page 326 of 358 Back to Agenda Street(s): We request the closure of Division Street for the safety of attendees between the hours of 0930 and 1100. If requesting street or highway closure, fill out the "Details of Closure" section below and provide a traffic control plan of the area impacted. Traffic Control Plan: A traffic control plan is required for all street and highway closures and must be submitted with this application. See example Site Plan. The following is required to be on the plan(s): Detour route(s) Pedestrian and Bicycle routes ®Volunteers: how many, where, how long, etc. Signs/Barriers: How many, what kind of signs, were will they be located, who is putting them up, who will be taking them down, etc. 0 Certified flaggers: how many will there be, where will they be stationed, what time will they be there, what time will they be gone, etc. r 141 a Should your event require traffic control and certified flaggers to manage the road closures, provide the following information: Name of the Traffic Control company: N/A Point of Contact Name: Phone: Alternate Phone: Email: Details of Closure(s): Street Name: Between �CLL2« StC And Start Date: Start Time: End Date: End Time: Division Sydney Cline 05/27/2023 0930 05/27/2023 1100 rV DI 2 - —1-4-3 E)-' Additional details: (attach additional pages as needed for more streets and/or more details about use.) Elite Riders will serve as intersection road guards . City of Port Orchard I Special Event Application Revised 111012023 Page 6 of 12 Page 327 of 358 Back to Agenda Alcohol Sales/Services The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB) regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, j4ttp_5://Icb.Wa.UV/_ for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event?Yes* VNo *if yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. Food Sales/Service You will need to reach out to the Kitsap Public Health District as they may require a temporary food establishment permit. Visit their website at https://kitsoppublichealth.arg/FvodSafetZNod vendors.php or call (360) 728-2235 for information. Will your event have any food service and/or sales?yes ZVo If yes, how many: Will your event have professional catering? Yes ZVa If yes, how many: Will your event have food truck(s)? lives 16a If yes, how many: Washington State Fire Code section 105.6.30 Mobile food preparation vehicles is defined as: An operational permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease -laden vapors or utilize LP -gas systems or CNG systems. Contact Community Development. • Food Truck Safety Handout • Mobile Fond Preparation Vehicle Permit Application Garbage and Recycling Collection Stations: How many bins are you providing as collection containers at your event? Recycle 1 Garbage 1 Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self-Haul7Yes No List vendor/company, if applicable: N/A Detail your plan for waste management within the event area and surrounding neighborhood: Waste management will be accomplished by using receptacles available at the Kitsap County Ct City of Port Orchard I Special Event Application Revised 111012023 Page 7 of 12 Page 328 of 358 Back to Agenda Restrooms Prove the number of restrooms that will be available to the public for your event: Sufficient restroomi— Below is an example of the estimated amounts needed per the amount of users t rr) nde in tF FLEIM� 5pecialnEvents pz c0 I Contingency Planning: Job Aids Manual. No. of users (50% male and 50% female) Minimum number of portable toilets Up to 240 3 250 to 499 4 500 to 900 6 12 1,000 to 1,999 2,000 to 2,999 25 3,000 to 3,999 38 4,000 to 4,999 50 Master Multi -Vendor Event License Will your event have vendors?Yes 0No N/A If so, how many anticipated exhibitors/vendors will be at your event? If so, will they be selling merchandise and/ or food? Elyes ✓ONo -If you indicated Yes, please seethe Food section on Page 4 of this application. POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the sponsor of the master event shall provide a list of participating vendors, their business names, their addresses and their State Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation. • No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. • Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m. • Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. • Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site. • Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. • Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. City of Port Orchard I Special Event Application Revised 111012023 Page 8 of 12 Page 329 of 358 Back to Agenda Tents Does your event include a tent or membrane structure? Des �o�iot Applicable If yes, what is the tent size: N/A _ _ _ Does the tent have sides? ❑ Yes ❑ No ❑ Not applicable May be required to obtain a permit per POMC 20.200.016.Pplease contact Community Development (360) 874-5533. Event Signage Are you planning to put up temporary signs? []Yes ❑✓ No POMC 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Amplified Sound Does your event have any amplified sound? VYes 1-1No Indicate dates/time of any amplified sound below: Day: Date: Start Time: End Time: Saturday 05/27/2023 0930 1100 Day: Date: Start Time: End Time: Day: Date: Start Time; End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.): Assuming good weather, patriotic music will be played as an interlude to the ceremony at 0930, voice presentations during the ceremony at 1000, and patriotic music following the ceremony at 1045 to 1100 If inclement weather, ceremonies will be held in the Commissioners Chambers. Describe what equipment will be used for amplified sound, and at what locations (show in maps): Two mid -sized speakers will be placed on 6 foot tall stands. Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed Speakers will be directed from the administration building toward the county court house. Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information please contact the Port Orchard Police Department (360) 876-1700. City of Port Orchard I Special Event Application Revised 111012023 Page 9 of 12 Page 330 of 358 Back to Agenda M* p Cline Ave 0 m 6.0 C ;:;:.* 00 0 C: 0 10 00 Qj 9- 25 A 0 Z IP-1 BE I 0 ® 0 0 m ! 07 WT �j 0 "0 00 m OAV utisnv A�DAF,X5 OAV allIQ r- 0 H Page 331 of 358 Back to Agenda Kitsap County Board of Commissioners Kitsap County Medical Examiner's Office Kitsap County Veterans Advisory Board Combat Veterans International The Unforgotten, Run Celebration of Life Kitsap to Tahomb(All ,µ Ce�reeii%1+��► s Orchard Sot d Mayl' Celebration of Pfe erprQy begins at io:oo am "...these departed men , d women are OARS and WE will take them to -4-theirfinal resting place." Join us in honoring with word and song, the lives of departed veterans as we receive their rema�romrthe county coroner and escort them to Tahoma National Cemetery We know you will stand in spirit with us this day, to honor the lives of our veterans. All riders: Stage motorcycles no later than ,9.3o a. m. Page 332 of 358 Back to Agenda Site Map A site map is required to be submitted which includes the following: Vendors: 11 Yes No 7 Not applicable Beer Garden: Yes No W1 Not applicable Signage: Yes 11 No W1 Not applicable Tents: Yes F-INo W1 Not applicable Public entrances and exits: W1 Yes 11 No Not applicable Road closures and detours: W1 Yes No Not applicable Traffic patterns: Yes No Not applicable Fire Lanes: Yes No Not applicable Garbage/Recycling: W1 Yes No 11 Not applicable Barricades: W1 Yes El No LI Not applicable First Aid: Yes 11 No W1 Not applicable Parking: Yes 11 No Not applicable Restrooms: Yes 11 No u Not applicable If event is a run/walk, list start and stop locations and water/rest stations: 1-1 Yes F—INo ® Not applicable Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City. The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. I, as the President or Chair of my organization, agree to the terms and conditions listed above. Richard Beckeroage'Zo21.213111:47!Becker Richard B_ ecker 01/01/2023 Signature of President/Chair of Organization Print Name Date City of Port Orchard I Special Event Application Revised 111012023 Page 10 of 12 Page 333 of 358 Back to Agenda CITY OF PORT ORCHARD Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-498o mdorsey@cityofportorchard.us www.cityofportorchard.us SPECIAL EVENT APPLICATION REVIEW TO: City Clerk's Office FROM: Tony Lang - Public Works Director DATE: March 31, 2023 RE: Special Event Application — The Unforgotten: Run to Tahoma In response to the above -referenced Special Event Application dated February 2, 2023, the City of Port Orchard Public Works Department has the following comments/requirements that need to be addressed prior to final approval: Sanitation Control and Cleaning: The event sponsor to coordinate and obtain approval from Kitsap County Administration staff regarding the cleaning and disposal of garbage/refuse, as stated in the application. The event sponsor shall also coordinate and obtain approval from Kitsap County Administration staff regarding event attendees' use of Kitsap County's restroom facilities, as stated in their application. Road Closures: Public Works to place corresponding street closure Type II barricades in accordance with the event holder's provided map; The associated street closure will be as follows: Division (Cline Ave to Sidney Ave) from 9:30 AM and 11:00 AM. Public works cannot support a rolling closure from Division to SR16. All signaled intersections need to be controlled through appropriate law enforcement support or an approved traffic control plan with licensed flaggers. Please provide a modified traffic control plan or acknowledge that the procession will commence without obstructing controlled/signaled intersections. Relation to Res. 057709: This event is a non-grandfathered event. The event holder shall reimburse the city for any associated costs incurred by the public works department for provided traffic control (including labor, materials, and equipment). U:\1_Ad minstration\D_Admin Programs&Initiatives\EVENTS\The Unforgotten- Run to Tahoma\2023 Page 334 of 358 Back to Agenda Brandy Wallace From: Richard Becker <RBecker@kitsap.gov> Sent: Tuesday, April 25, 2023 10:36 AM To: Brandy Wallace Subject: RE: Unforgotten Run -Special Event Application Hello Brandy. I hope your week is going well. Thank you once again for getting our planning group together last Friday. I just want to follow up with you on the question of traffic control. Sheriff John Gese confirmed with me yesterda that his officers will control traffic at key intersections from the Division Street and Sydney intersection to SR16 to support The Unforgotten: Run to Tahoma funeral procession. My point of contact in the Sheriffs Department is Officer Schon Montague. As an aside, I received word that a third set of remains will be part of the memorial service at the Kitsap County Administration Building and procession to Tahoma National Cemetery. I don't expect this will increase the numbers of event participants. I hope this helps. Please contact me if you have any questions. With gratitude, Richard Becker Kitsap County Department of Human Services Veterans Program Analyst / Veterans Advisory Board Coordinator RBecker@kitsap.gov 360-337-4811 6�MA From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: Tuesday, April 18, 2023 2:01 PM To: Richard Becker <RBecker@kitsap.gov> Subject: RE: Unforgotten Run -Special Event Application [CAUTION: This message originated outside of the Kitsap County mail system. DO NOT CLICK on links or open attachments unless you were expecting this email. If the email looks suspicious, contact the Helpdesk immediately at 360-337-5555, or email at Helpdesk@kitsap.gov] Great. I have it on the staff calendar. See you Friday at 12. You can meet me at my window, or on the 3rd floor in the Council chambers. Best Wishes, Brandy Wallace, MMC, CPRO 1 Page 335 of 358 Back to Agenda PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY MEMORANDUM TO: Brandy Wallace, City Clerk FROM: Matt Brown, Chief of Police SUBJECT: The Unforgotten Run to Tahoma DATE: March 21, 2023 There are no additional safety concerns with the special event plan for The Unforgotten Run top Tahoma. Elite Riders may not serve as intersection road guards. Only certified flaggers may stop traffic. All traffic laws and signals must be observed. Public Works will develop a more refined traffic control map for inclusion in the application. Page 1 of I Page 336 of 358 Back to Agenda Brandy Wallace From: Kevin Futrell <kevinf@kitsaptransit.com> Sent: Wednesday, March 8, 2023 12:44 PM To: Brandy Wallace Subject: RE: [EXTERNAL] Special Event - The Unforgotten-Run to Tahoma Attachments: Fallen Soldier - 052822.pdf Brandy, Looking at last years' emails, Kitsap Transit detoured off of Division and requested that the procession not leave Division until around 11:03am. Someone had called me back and indicated they would do that. I don't remember if it was PO Police or the event coordinator. We would like that again. I've attached the memo I sent out to our staff last year. Kevin Futrell, JD Kitsap Transit, Transit Service Planner 360-478-6224 (office), Intraoffice Ext. 1004 360-900-7095 (cell) From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: March 3, 2023 2:29 PM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown@portorchardwa.gov>; Ellen Ferguson <eferguson@portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov> Subject: [EXTERNAL] Special Event - The Unforgotten-Run to Tahoma Good afternoon, Attached is a Special Event application and supporting documents for The Unforgotten-Run to Tahoma taking place May 27, 2023. Please review the materials and provide me your comments by 3/22/2023. Let me know if you have any questions or need anything further. Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 www. po rto rch a rdwa.goy City Hall is open to the public, Monday through Friday Sam to 4:30pm. Emergency services are available 24 hours a day by calling 911. 1 Page 337 of 358 Back to Agenda Brandy Wallace From: Hurguy, Josh <jhurguy@skfr.org> Sent: Friday, March 24, 2023 11:22 AM To: Brandy Wallace Cc: Goodwin, Cody Subject: RE: Special Event - The Unforgotten-Run to Tahoma Good morning, Brandy, Sorry I am couple of days late with this response! SKFR has no concerns with this event. Any public safety concerns will be addressed in conjunction with POPD. Thanks, Josh From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: Friday, March 3, 2023 2:29 PM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; Prevention <Prevention@skfr.org>; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown@portorchardwa.gov>; Ellen Ferguson <eferguson@portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov> Subject: Special Event - The Unforgotten-Run to Tahoma Good afternoon, Attached is a Special Event application and supporting documents for The Unforgotten-Run to Tahoma taking place May 27, 2023. Please review the materials and provide me your comments by 3/22/2023. Let me know if you have any questions or need anything further. Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard Direct (360) 876-7030 Fax (360) 895-9029 httos://Iink.edgepilat.com/s/76ldcc79/hlSdXdl AU BHi BK d'm ?u=htt www. ortorchardwa. ov City Hall is open to the public, Monday through Friday 8am to 4:30pm. Emergency services are available 24 hours a day by calling 911. Please consider the environment before printing this e-mail. 1 Page 338 of 358 Back to Agenda Brandy Wallace From: Angela Garcia Sent: Monday, March 6, 2023 1:36 PM To: Brandy Wallace Subject: RE: Special Event - The Unforgotten-Run to Tahoma Brandy, I do not have any comments on this one. Thanks, Angela Garcia CBO/CFM Deputy Director Community Development Building Official/Fire Code Official City of Port Orchard (360) 874-3130 Please note that my email address has changed to agarcia@portorchardwa.gov . Please update your address book accordingly. Please make official submittals to the Permit Center at permitcenter@portorchardwa.ov to ensure maintenance of an accurate Record. From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: Friday, March 3, 2023 2:29 PM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <dayna.katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <mbrown@portorchardwa.gov>; Ellen Ferguson <eferguson@portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov> Subject: Special Event - The Unforgotten-Run to Tahoma Good afternoon, Attached is a Special Event application and supporting documents for The Unforgotten-Run to Tahoma taking place May 27, 2023. Please review the materials and provide me your comments by 3/22/2023. Let me know if you have any questions or need anything further. Best Wishes, Brandy Wallace, MMC, CPRO City Clerk/Assistant to the Mayor City of Port Orchard I Page 339 of 358 Back to Agenda Brandy Wallace From: Dayna Katula <Dayna.Katula@kitsappublichealth.org> Sent: Friday, March 17, 2023 1:49 PM To: Brandy Wallace Subject: RE: Special Event - The Unforgotten-Run to Tahoma Hi Brandy, No comment. Thanks! Dayna Katula, RS I Program Manager Food & Living Environment Program Kitsap Public Health District 345 6th St., Suite 300 1 Bremerton, WA 98337 (360) 728-2301 Office 1 (360) 633-9018 Cell 1 (360) 728-2235 Main Dayna.Katula@kitsappublichealth.orR I kitsappublichealth.or From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: Friday, March 3, 2023 2:29 PM To: Tony Lang <tlang@portorchardwa.gov>; Dan Schoonmaker <dschoonmaker@portorchardwa.gov>; Angela Garcia <agarcia@portorchardwa.gov>; Josie Rademacher <jrademacher@portorchardwa.gov>; Business Licensing <BLS@portorchardwa.gov>; prevention@skfr.org; Kevin Futrell <kevinf@kitsaptransit.com>; Dayna Katula <Dayna.Katula@kitsappublichealth.org> Cc: Chris Esguerra <cesguerra@portorchardwa.gov>; Matt Brown <m brown @portorchardwa.gov>; Ellen Ferguson <eferguson@portorchardwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov> Subject: Special Event - The Unforgotten-Run to Tahoma L Page 340 of 358 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 8N Approval of Parking Lot Closure for Two Consecutive Days for a Special Event: Fathoms 0' Fun 2-Dav Summer Festival Craft & Vendor Show Back to Agenda Meeting Date: May 9, 2023 Prepared by: Brandy Wallace, MMC Atty Routing No: Atty Review Date: N/A N/A Clerk Summary: City staff received a special event application for a Fathoms 0' Fun 2-Day Summer Festival Craft & Vendor Show to take place on Saturday, June 24 and Sunday, June 25, 2023. The event will feature craft and food vendors, a kids craft booth, and music at the Port of Bremerton Gazebo. Setup starts on 6/24 at 6:00 a.m., open to the public between 9:00 a.m. until 10:30 p.m. and 6/25 10:00 a.m. to 4:00 p.m. cleanup completed by 6:00 p.m. The required notice, pursuant to POMC 5.96.050(3), allowing citizens to provide written comments regarding how allowing the special event will impact their property, business, or quality of life has been published and to -date, the City has received no written concerns regarding this event taking place. The applicant is requesting use of City parking lot No. 4 to hold their event. With the event taking place for two consecutive days, it requires Council approval. POMC 5.94.080 (1) Downtown Parking Lot Usage, states in part: No special event may utilize the downtown parking lots 3 and 4, for two or more consecutive days without city council approval. Should a special event request the use of all or a portion of the downtown parking lots during a weekday, excluding federal holidays, and the city grants the request, the applicant shall compensate the city for lost revenue for the use of the parking lots. Staff acknowledges the event is not taking place during a weekday and the applicant need not compensate the city for loss revenue. Staff and outside agencies have reviewed the application and are in support of the use as presented and are continuing to work on the final details of the event with the applicant, ensuring public safety standards are met as outlined in City, State, and Federal codes. Relationship to Comprehensive Plan: N/A Recommendation: Staff supports the application as presented. Page 341 of 358 Back to Agenda New Item — 8N Summer Festival Page 2 of 2 Motion for consideration: I move to approve the Fathoms 0' Fun to hold a Summer Festival Craft & Vendor Show taking place two consecutive days, Saturday, June 24 and Sunday, June 25, 2023, in parking lot 4, as presented. Fiscal Impact: None. Alternatives: Not approve and provide staff with direction. Attachments: Application Page 342 of 358 Back to Agenda ORCHARD SPECIAL EVENT PERMIT APPLICATION (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) STANDARD PROCESSING FEE: $50.00 Event Overview RECEI EV FEB 0 r 2 CM OF PORT C17y CLERKS CHARD FFlCE Name of event: Fathoms O' Fun 2-Day Summer Festival Craft & Vendor Show Location of event: Downtown Waterfront - Lot#4 Type of Event: Festival �lall</Run Parade F IVendor Fair Concert ❑ Block Party ❑ Other: Event or Organization Website: www.fathomsofun.org Description of event: A 2-day Summer Festival consisting of craft and food vendors, kids craft booth, and some music at the Gazebo area Event Details Set Up Starts: Take Down Complete: Start Day: Start Date: I Start Time: End Day: End Date: End Time: Saturday_ 6/24/2023 06:00 set up Sunday 6/25/2023 16:00 pm Event Dates/Times: Indicate Dates/Times OPEN to attendees Expected Daily Attendance: Sat-6/24/2023- 9am; Sun-10am Participants Spectators volunteers/staff Day: Date: StartTime: End Time: 45+ 900 4 Saturday 9 AM 10:30 PM Day: _6/24/2023 Date: Start Time: End Time: 45+ 500 4 Sunday 6/25/2023 10 I 4 PM Day: Date: Start Time: End Time: Additional details: (attach additional pages as needed for additional days or details) Fathoms will have an overnight security person Saturday at the vendor area. Details of the individual will be provided to POPD. City of Port Orchard I Special Event Application Revised 111012023 Page 3 of 12 Page 343 of 358 Back to Agenda Admission Fees: Does your., eyent'regbire a paid fee for participants and/or spectators? f Yes ❑ WIN Does your event require minimum or suggested donation for participants and/or spectators? es Vo Admission/participation fee/ suggest donations amount(s): Only vendors are required to pay a fee, not spectators. Organization Information* Name of Organization: Fathoms O' Fun Festival, Inc. Do you have an active City Business License? � (es I No What is your UBI number? 601 299 098 Point of contact Name: Bob Morehouse 360-620-3363/Sharron King 360-871-1805 Street Address: Mailing Address: (if different from street address) PO Box 312 City: State: Zip: City: Port Orchard State: Zip: WA .. Phone: 360-871-1805 Alternate Phone: 3607314027 Email: kingcreations@wavecable.com "Please note the organization information provided may be shared for inquires made on event details Insurance The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows: $1,000,000 Liability; $1,000,000 Bodily Injury Special Event Insurance for events held at city -owned facilities can be purchased at ever)tinsure-hubinternational.com/. Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)? ZYes 7 No Fv—,r] Not Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? You may submit a map to show the available parking for this event in place of providing a written description below. Not at this writing, but business will be notified of event via POBSA Clty of Port Orchard I Special Event Application Revised 111012023 Page 4 of 12 Page 344 of 358 Back to Agenda Use of City Streets and/or State Highway STATE HIGHWAY: Will this event require closure of a State Highway (most common is Bay Street/SR166)? Yes �No If yes, which highway: Bay Street/SR 166 171 Sedgwick Road F-IMIle Hill Drive For State Highway Closures, the sponsoring organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city 45 days prior to the event. WSDOrs online application is located at: https: www.wsdo't.wa.poJcQr tactievents/special-events CITY PROPERTY/STREETS [Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place In the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." WIII this event require closure of any of the below public property/ right-of-way? []Yes 17No If yes, indicate what type of public property is requested to be closed and the location (select all that apply): City Park(s): 1—Tan Zee Park ❑McCormick Etta Turner Rockwell Park Village Park Park ❑Paul Powers [:]Central f Park Park 1—Givens Park Parking Lot(s): Lot 1: between Orchard and Frederick streets on the north side of Bay Street ❑ Lot 2: between Frederick Street and Sidney Avenue, north of Bay St. Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library Lot 4: all parking east of Lot 3 and Harrison Ave and west of the Marina Park ❑ Lot 5: all parking on City Hall property in front of the Police department ❑ Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection ❑ Lot 7: all parking spaced located on the library property which Is limited to library staff only ❑ Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kltsap Street and Prospect Street. Sidewalk(s): City of Port Orchard I Special Event Application Revised 111012023 Page 5 of 12 Page 345 of 358 Back to Agenda Street(s): n/a If requesting street or highway closure, fill out the "Details of Closure" section below and provide a traffic control plan of the area impacted. Traffic Control Plan: A traffic control plan is required for all street and highway closures and must be sub Itted with this application. See exam Ole Site Plan. The following is required to be on the plan(s): Detour route(s) Pedestrian and Bicycle routes ❑Volunteers: h w many, where, how long, etc. Signs/Barriers: How many, what kind of signs, were will they be located, w o is putting them up, who will betaking them down, etc. Certified flaggers: how many will there be, where will they be statiane , what time will they be there, what time will they be gone, etc. Should your event require traffic control and certified flaggers to mania the road closures, provide the following information: Name of the Traffic Control company: Point of Contact Name: Phone: Details of Closure(s): Email: Street Name: Between IrM S-StrQetl, And rt Date: Start Time: End Date: End Time: Additional details: (attach ad tional pages as needed for more streets and/or more details about use.) City of Port Orchard I Special Event Application Revised 1/10/2023 Page 6 of 12 Page 346 of 358 Back to Agenda Alcohol Sales/Services The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB) regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, httos://Icb.wa.govl for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event? []Yes* F./]No *if yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. Food Sales/Service You will need to reach out to the Kitsap Public Health District as they may require a temporaryfood establishment permit. Visit their website at htt s: kitsa ublithealth.or FoodSa a oad vendors.ph or call (360) 728-2235 for information. Will your event have any food service and/or sales?Yes []No If yes, how many: 45 Will your event have professional catering? Yes W Vo If yes, how many: Will your event have food truck(s)? Z1 es Do If yes, how many: 3 _ Washington State Fire Code section 105.6.30 Mobile food preparation vehicles is defined as: An operational permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease -laden vapors or utilize LP -gas systems or CNG systems. Contact Community Development. • Food Truck Safety Handout • Mobile Food Preparation Vehicle Permit AppIIcation Garbage and Recycling Collection Stations: How many bins are you providing as collection containers at your event? Recycle.2 Garbage 6 Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self -Haub,/ Yes I JNo List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood: Waste Management dumpster will be placed in the last parking stall closest to the Library and boardwalk in Lot#3. City of Port Orchard I Special Event Application Revised 1/1012023 Page 7 of 12 Page 347 of 358 Back to Agenda Restrooms Prove the number of restrooms that will be available to the public for your event: see attached list Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events Contingency Planning: lob Aids Manual. No. of users (50% male and 50% female) Minimum number of portable toilets Up to 240 3 250 to 499 500 to 900 4 _ 6 1,000 to 1,999 12 2,000 to 2,999 25 3,000 to 3,999 38 4,000 to 4,999 50 Master Multi -Vendor Event License Will your event have vendors?w1Yes E]No 45+ If so, how many anticipated exhibitors/vendors will be at your event? If so, will they be selling merchandise and/ or food? R Yes Do - If you indicated Yes, please see the Food section on Page 4 of this application. POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the sponsor of the master event shall provide a list of participating vendors, their business names, their addresses and their State Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation. • No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within ten (10) feet of intersection sidewalks. . Vending devices must be removed from vending sites daily between the hours of 10!00 p.m. and 6!00 a.m. • Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed each day along with vending devices. o Vendors may engage in public property vending only in the location specified in the public property license. The location shall be deemed the vending site. • Utility service connections are not permitted, except electrical when provided with written permission from the adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the sidewalk. • No mechanical audio or noisemaking devices are allowed, and no hawking is allowed. • A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one- half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which the vending device stands. • Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising signs may be placed as approved by the city engineer; and • No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code. City of Port Orchard I Special Event Application Revised 111012023 Page 8 of 12 Page 348 of 358 Back to Agenda Tents Does your event include a tent or membrane structure? Yes [JVc5ot Applicable If yes, what is the tent size: Vendor Tents 10x10 or 10x20 Does the tent have sides? ❑,r Yes ®No ® Not applicable May be required to obtain a permit per POMC 20.200.016.Pplease contact Community Development (360) 874-5533. Event Signage Are you planning to put up temporary signs? Byes []No POMC 20.132.290 "Temporary sign" (which may Include special event sign) means any sign that is used temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed In the ground with concrete or other means to provide permanent support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if you have questions or if you need to apply for a sign permit. Amplified Sound Does your event have any amplified sound? 7Yes F1No Indicate dates/time of any amplified sound below: Day: Date: Start Time: End Time: Sun 6/26 12 appxo 3 pm approx Day: Date: Start Time: End Time: Day: Date: Start Time: End Time: Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.): Background music (not confirmed as of this writing)... single musician playing electric guitar Describe what equipment will be used for amplified sound, and at what locations (show in maps): Musicians on small pa system at Marina Gazebo Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed Towards vendor area Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more Information please contact the Port Orchard Police Department (360) 876-1700. City of Port Orchard I Special Event Application Revised 111012023 Page 9 of 12 Page 349 of 358 Back to Agenda Site Map A site map is required to be submitted which includes the following: Vendors: W1 Yes ❑ No ❑ Not applicable Beer Garden: ❑ Yes ®No ❑ Not applicable Signage: ❑� Yes ❑ No ❑ Not applicable Tents: W]Yes ❑ No ❑ Not applicable Public entrances and exits: ❑ Yes ❑ No Not applicable Road closures and detours: ❑ Yes W1 No ❑ Not applicable Traffic patterns: ❑ Yes ❑ No Not applicable Fire Lanes: Yes ❑ No ❑ Not applicable Garbage/Recycling: Yes ❑ No ❑ Not applicable Barricades: Yes ❑ No ❑ Not applicable First Aid: Yes ❑ No ❑ Not applicable Parking: ❑ Yes No ❑ Not applicable Restrooms: W] Yes ❑ No ❑ Not applicable If event is a run/walk, list start and stop locations and water/rest stations: ❑ Yes ❑ No 7 Not applicable Release I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance. By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the City. The information on this form is considered a public record and Is subject to public disclosure laws in Chapter 42.56 RCW. I, as the President or Chair of my organization, agree to the terms and conditions listed above. Sharron E King Dalea12023.a1ly 31ulgnody1sd735-0B'00' Sharron King 1/31/23 Signature of President/Chair of Organization Print Name Date City of Port Orchard I Special Event Application Revised 111012023 Page 10 of 12 Page 350 of 358 W Q O on 4.0 FATHOMS O' FUN 2-DAY SUMMER FESTIVAL CRAFT & VL..JOR SHOW June 24-25, 2023 I� F_ 3 Regular toilets & 2 Handicap toilets placed at POB Restroom Facility Red dashes = Fire Lane Red Square -First Aid Blue Square/Rectangular -Vendor Areas Green-Dumpster Solid Black -Sign Barricade Yellow dots - garbage cans Blue dots- recycle cans Page 351 of 358 r - _* •- �,1•■-� r L -- .� ` — - � - �• - �= tea- ti - � _ ■ ..r: - r w IL s� -.LT +. ,_�_ ' L • - Y- rr ti • 2023 SUMM�k FESTIVAL CRAFT & VENDOR SHOW __=i--_ - _ r _ _ ' •■ i �• Garbage Can — — _ _ - .. _ _ • • i Signs-Barricades- u r•• - a - i Reycle Cans • ; y �. rr paces = 40' 7 L 4 •_ LL - 1 1 4 T ' -16 Ar - ch TO Ire i � C I 5 4LLL% 0 * qil d. y O o 1 0 o 7- No ■ ' 1� 7 J 7 11 Of ' = . - M. 7 ■ - ' # - r L% ■' ir * arr JR • � � � � � . � � cue Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of April 25, 2023 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Trenary Present Councilmember Chang Present Councilmember Clauson Absent Councilmember Cucciardi Present Councilmember Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Lang, City Attorney Archer, Utilities Manager J. Brown, City Attorney Archer, Police Chief M. Brown, City Clerk Wallace, and Deputy City Clerk Floyd. Staff present via Zoom: Finance Director Crocker. The meeting streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp 01:09) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 01:32) MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to excuse Councilmember Clauson for Business Reasons. The motion carried. MOTION: By Councilmember Cucciardi, seconded by Councilmember Trenary, to approve the agenda as amended. The motion carried. Page 353 of 358 Back to Agenda Minutes of April 25, 2023 PaRe2of6 3. CITIZENS COMMENTS (Time Stamp: 02:25) There were no citizen comments. 4. CONSENT AGENDA (Time Stamp: 02:46) A. Approval of Voucher Nos. 85849 through 85918 including bank drafts in the amount of $264,427.02 and EFT's in the amount of $155,889.13 totaling $420,316.15. B. Approval of Payroll Check Nos. 85842 through 85848 including bank drafts and EFT's in the amount of $235,140.16 and Direct Deposits in the amount of $219,454.59 totaling $454,594.75. C. Adoption of a Resolution Approving a Multijurisdictional Interlocal Agreement Designating Kitsap County as the Lead Agency for the Revision of the Kitsap County Comprehensive Solid Waste Management Plan (Resolution No. 035-23 and Contract No. 036-23) D. Adoption of a Resolution Authorizing the Purchase of a Laboratory -Grade Freezer Unit via Sourcewell Contract No. 022422-MML (Resolution No. 036-23 and Purchase Order No. 029-23) E. Approval of the April 11, 2023, City Council Meeting Minutes F. Excusal of Councilmember Clauson for Business Reasons MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve the consent agenda as amended. The motion carried. 5. PRESENTATION A. Public Safety Measure (Time Stamp 03:09) Kitsap County Commissioner Robert Gelder spoke to a Public Safety Sales Tax Kitsap County is considering bringing forward to the voters. Any city or county may impose a public safety sales tax with at least one-third of the revenues used solely for criminal justice and/or fire protection purposes. The maximum rate is 0.3% for counties and the revenue must be shared between cities and counties, but the combined city/county rate may not exceed 0.3%. This does require voter approval and can only be submitted at a primary or general election. He mentioned this is an opportunity to partner together to figure out how to generate necessary revenue for public safety needs within our community. B. Strategic Asset Management Plan (Time Stamp 21:42) Public Works Director Lang provided a presentation which included what asset management is, historical timeline, what is a Strategic Asset Management Plan (SAMP), elements of the SAMP, where we are now and next steps. 6. PUBLIC HEARING Page 354 of 358 Back to Agenda Minutes of April 25, 2023 PaRe3of6 There were no public hearings. 7. EXECUTIVE SESSION There was no executive session. A. Adoption of Resolution Pertaining to Asset Management, Adopting an Asset Management Policy and Asset Management Program (Time Stamp 34:00) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt the Asset Management Policy and Asset Management Program as described in Exhibit A of the Resolution. The motion carried. (Resolution No. 037-23) B. Adoption of a Resolution Approving a Contract with Stripe Rite, Inc. for 2023 Thermoplastic Application Project (Time Stamp: 41:03) MOTION: By Councilmember Lucarelli, seconded by Councilmember Trenary, to adopt a resolution authorizing the Mayor to execute a contract with Stripe Rite, Inc for the 2023 Thermoplastic Application Project in the amount of $37,628.00. At 7:14 p.m., Utilities Manager J. Brown left the meeting. The motion carried. (Resolution No. 038-23 and Contract No. 037-23) C. Adoption of a Resolution Accepting Federal Highway Administration (FHWA) Funding as Managed by the Washington State Department of Transportation (WSDOT) for the State Route 166/13ay Street Reconstruction Project (Time Stamp 44:46) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt a resolution accepting the FHWA Consolidated Appropriations Act, 2023 funding and authorizing the Mayor to execute all documents necessary to effectuate this award with WSDOT for the State Route 166/Bay Street Reconstruction Project. Councilmember Chang noted is an employee of WSDOT (Washington State Department of Transportation) and would recuse himself if anyone had any concerns. No one voiced any concerns. Page 355 of 358 Back to Agenda Minutes of April 25, 2023 Page 4 of 6 The motion carried. (Resolution No. 039-23) D. Adoption of a Resolution Approving a Contract with Glumac, Inc. for LEED Commissioning Services (Time Stamp 50:47) City Attorney Archer mentioned Glumac, Inc. has suggested a modification to the contract template, and if anyone has questions, she is happy to step into an executive session if needed. At 7:30 p.m., Mayor Putaansuu recessed the meeting for a 5-minute executive session pursuant to (RCW 42.30.110(1)(i)), regarding potential litigation or potential legal risks associated with a proposed action when public discussion would potentially have adverse financial or legal consequences for the agency. City Attorney Archer was invited to attend, and City Attorney Archer noticed action will follow. MOTION: By Councilmember Trenary, seconded by Councilmember Lucarelli, to adopt a resolution, approving a contract with Glumac, Inc. not to exceed $53,900 as presented. The motion carried. (Resolution No. 040-23 and Contract No. 038-23) E. Approval of Accepting a Public Fireworks Display Application for a Public Fireworks Display on July 1, 2023 (Time Stamp 1:00:47) MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, to allow staff to accept the Fathoms O' Fun Fireworks Display application, allowing staff to process and approve the permit under POMC 5.60. The motion carried. 9. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 10. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:03:55) Councilmember Trenary reported on the April 17th Economic Development and Tourism Committee meeting. Mayor Putaansuu reported the Utilities Committee is scheduled to meet in June. The Finance Committee is scheduled to meet in May. He also reported on the April 14th City Council Retreat. Councilmember Chang reported on the April 25th Transportation Committee meeting. Page 356 of 358 Back to Agenda Minutes of April 25, 2023 Paee 5 of 6 11. REPORT OF MAYOR (Time Stamp 1:10:57) The Mayor reported on the following: • ARPA (American Rescue Plan Act) dollars and debt limit. • Asked Councilmembers what they thought of the presentation earlier by Commissioner Gelder. After discussion, Councilmembers would like the City to submit a letter stating we cannot support the County's Public Safety Sales Tax in the manner it was presented, as the City, and the voters, need more information and the City does not support the full 0.3% sales tax • Asked Councilmembers if they would like to have a letter of support drafted to the County for the Mile Hill shelter. After discussion, Council indicated yes, they would. • Legislative updates. • Request from Mustangs on the Waterfront to be added to the resolution which grandfathers in their event. After brief discussion, Council was not in favor of moving forward. • Attended a kickoff meeting for the Kitsap Regional Library Foundation for fundraising efforts for the library's portion of the new Community Events Center. • Updates on City Hall clocktower clock options. • In accordance with Ordinance 008-20 "Delegating Authority to the Mayor for Creating and Modification of Job Descriptions," he reported his approval of the revised job description for the Civil Engineer I position. 12. REPORT OF DEPARTMENT HEADS (Time Stamp 1:35:45) Public Works Director Lang appreciates the Council's support with the public works items on the agenda tonight. City Attorney Archer reported that Council had asked the Mystery Lane street vacation to be moved to tonight's agenda but due to continuing conversations with the applicants and their attorneys, it has been moved to the next business meeting Police Chief Brown reported on hiring in the police department. City Clerk Wallace reported on the importance of the clocktower chimes. 13. CITIZEN COMMENTS (Time Stamp 1:39:53) Sharron King, Fathoms O' Fun Festival, thanked Council for voting on the fireworks show application so they can move forward, and thanked City Clerk Wallace for setting up a meeting with staff and local organizations regarding her event. Lastly, she spoke about the fireworks show and related costs and requested more lodging tax funding for the show. Page 357 of 358 Back to Agenda Minutes of April 25, 2023 PaRe6of6 Finance Director Crocker reported on ARPA funding and the City's annual audit. 14. EXECUTIVE SESSION Executive Session was held earlier. 15. GOOD OF THE ORDER (Time Stamp 1:48:29) There was no good of the order. %5-liff1II9111.11IWhLlf11 The meeting adjourned at 8:24 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 358 of 358