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05/23/2023 - 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 cityhal I@portorchardwa.gov City of Port Orchard Council Meeting Agenda May 23, 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/J/89619904124 Zoom Webinar ID: 896 1990 4124 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 an Increase and Decrease from State -Approved Maximum Speed Limits on City Streets (Lang) Page 3 D. Approval to Accept a Special Event Application and Waive the Submittal Timeline: Port Orchard Night Market (Wallace) Page 10 E. Approval of the May 9, 2023, City Council Meeting Minutes Page 21 5. PRESENTATION 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending POMC Chapter 20.200 to Conform with Updates to the State Building Code (Bond) Page 27 B. Adoption of a Resolution Approving a Small Works Contract with Stripe Rite, Inc. for the 2023 City of Port Orchard Road Striping Protect (Lang) Page 45 C. Adoption of Resolution Approving a Contract and Easements with Puget Sound Energy for the Electric Vehicle Charging Stations Project (Lang) Page 87 D. Adoption of a Resolution Granting Final Plat Approval for McCormick Woods North Phase III, Division 3 (Bond) Page 99 E. Adoption of a Resolution Approving a Contract with Olson Brothers Pro -Vac LLC for the 2023 Stormwater Catch Basin and Pipe Maintenance Project (Lang) Page 125 F. Approval of Road Closures for a Special Event: Mustangs on the Waterfront (Wallace) Page 159 8. DISCUSSION ITEMS (No Action to be Taken) 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. CITY COUNCIL GOOD OF THE ORDER 15. ADJOURNMENT COMMITTEE MEETINGS Economic Development and Tourism Utilities Finance Transportation Festival of Chimes & Lights Land Use Lodging Tax Advisory Sewer Advisory Outside Agency Committees Date & Time Location June 19, 2023: 9:30am Remote Access June 13, 2023; 5:00pm Remote Access June 20, 2023; 5:00pm Remote Access -------------...�� May 23, 2023; 4:30pm Remote Access June 26, 2023; 3:30pm Remote Access June 21, 2023; 4:30pm Remote Access TBD, 2023 Remote Access June 21, 2023; 6:30pm Remote Access Varies 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. May 23, 2023, Meeting Agenda Page 2 of 2 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 an Increase and Decrease from State -Approved Maximum Speed Limits on City Streets Back to Agenda Meeting Date: May 23, 2023 Prepared by: Tony Lang Atty Routing No: Atty Review Date: PW Director 366922-0009 May 17, 2023 Summary: The State of Washington establishes the maximum speed limits for city and town streets, county roads, and state highways to ensure uniformity statewide. See RCW 46.61.400. The State provides limited flexibility to cities to alter maximum limits on the basis of an engineering and traffic investigation when conditions are found to exist that warrant a different reasonable and safe maximum limit. See RCW 46.61.415. The procedures to alter speed limits, in conformance with state law, was adopted by the City at Ordinance No. 1479. Consistent with that ordinance, the City Council adopted Resolution No. 1805, which altered the maximum speed limit on some City streets. Resolution No. 1805 was later amended by Resolution No. 1946, which was further amended by Resolutions Nos. 032-19 and 038-19. The City completed a speed limit study on February 10, 2023, that included a recommendation to reduce the speed limit from 30 MPH to 25 MPH on Pottery Ave (SR 16 to Tremont Street) and Sidney Road SW (Sedgwick Road to SR16), with this reduction being within the limits established by RCW 46.61.415(1). The recommended speed limit is for increased safety of pedestrians and motorists due to planned future multimodal improvements and the corridor's proximity to multiple school zones. The recommended speed limit reduction on Pottery Ave (SR16 to Tremont Street) is to be implemented in conjunction with the upcoming Pottery Non - Motorized Improvement Project. The remaining corridor speed reduction on Sidney Ave (Sedgwick Road to SR16), if approved, would be implemented with planned future corridor improvements. Additionally, the City received and verified a speed limit study from McCormick Communities, LLC on March 2, 2023, requesting that the speed limit on McCormick Village Dr (SW Old Clifton Rd to Telford Way SW) and Telford Way SW (McCormick Village Dr to Gleneagle Ave SW) within the McCormick Woods West development be lowered from 35 MPH to 25 MPH. The requested speed limit reduction is due to anticipated high conflict density and activity levels associated with the roadway, resulting from future residential development. By this Resolution, the City Council would repeal and replace the previous resolutions modifying the maximum speed limit with a current recommendation for clarity, consistent with these traffic studies. Recommendation: Staff recommends that the City Council adopt a Resolution, repealing the previous legislation and establishing modified speed limits in accordance with the traffic studies. Relationship to Comprehensive Plan: Chapter 8- Transportation Page 3 of 176 Back to Agenda Consent Agenda4C Page 2 of 2 Motion for Consideration: I move to adopt a Resolution, repealing Resolution 1805, as amended, and establishing modified speed limits on some city streets and intersections. Fiscal Impact: New signage called for by this action is within budgeted authority. Alternatives: Do not approve and provide alternative guidance. Attachments: Resolution Page 4 of 176 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING AND REPLACING RESOLUTIONS NO. 1805 AND AMENDING RESOLUTION 1946, AS FURTHER AMENDED BY RESOLUTIONS 032-19 AND 038-19, ESTABLISHING INCREASES AND/OR DECREASES OF SPEED LIMITS ON CITY STREETS AND INTERSECTIONS. WHEREAS, RCW 46.61.415, as adopted by the City of Port Orchard at Ordinance No. 1479, sets forth the procedure for a municipality such as the City to alter the maximum speed permitted by state law on city arterials, streets, and other rights -of -way; and WHEREAS, pursuant to RCW 46.61.415(1), a city may raise or lower the maximum speed limit on city streets based on an engineering and traffic investigation, within certain established limits; and WHEREAS, pursuant to Ordinance No. 1479, raising or lowering of the maximum posted speed limit shall be adopted by Council Resolution; and WHEREAS, the default speed limit established in RCW 46.61.400 for city streets is 25 MPH; and WHEREAS, over time, the City established speed limits that were an increase or decrease from the default via Resolution No. 1805, and amended those speed limits by Resolution No. 1946, which was further amended by Resolutions No. 032-19 and 038-19; and WHEREAS, the City completed a speed limit study on February 10, 2023, that included a recommendation to reduce the speed limit from 30 MPH to 25 MPH on Pottery Ave (SR 16 to Tremont Street) and Sidney Road SW (Sedgwick Road to SR16), with this reduction being within the limits established by RCW 46.61.415(1); and WHEREAS, the recommended speed limit is for increased safety of pedestrians and motorists due to planned future multimodal improvements and the corridor's proximity to multiple school zones; and WHEREAS, the posted speed limit reduction on Pottery Ave (SR16 to Tremont Street) is to be implemented in conjunction with the upcoming Pottery Non -Motorized Improvement Project; and WHEREAS, the remaining corridor speed reduction on Sidney Ave (Sedgwick Road to SR16) shall be implemented with planned future corridor improvements; and Page 5 of 176 Back to Agenda Resolution No. Page 2 of 5 WHEREAS, the City received a speed limit study from McCormick Communities, LLC on March 2, 2023, requesting that the speed limit on McCormick Village Dr (SW Old Clifton Rd to Telford Way SW) and Telford Way SW (McCormick Village Dr to Gleneagle Ave SW) within the McCormick Woods West development be lowered from 35 MPH to 25 MPH; and WHEREAS, the requested speed limit reduction is due to anticipated high conflict density and activity levels associated with the roadway, resulting from future residential development; and WHEREAS, the City Council of the City of Port Orchard finds that it is necessary and appropriate to alter the vehicular speeds permitted by state law on certain designated streets in the city by resolution and the posting of appropriate signs; 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: Resolution No. 1805 and Amending Resolution No. 1946, as further amended by Resolutions No. 032-19 and 038-19, are hereby repealed. THAT: The City Council authorizes the alteration of the maximum speed permitted by state law on City streets or intersections as follows: Section 1. DECREASE OF SPEED LIMIT. When signs are erected by the City Engineer giving notice thereof, the speed permitted by state law within those streets and intersections described in this section should be decreased during the times specified: (A) Dwight Street from Seattle Avenue to Harrison Avenue, twenty miles per hour at all times; (B) DeKalb Street from Seattle Avenue to Harrison Avenue, twenty miles per hour at all times; (C) Pottery Avenue from State Highway 16 to a point 300 feet north of the intersection of Lippert Drive, twenty miles per hour, when the beacon is flashing; (D) Lippert Drive/West Lippert Drive from a point 300 feet west of Pottery Avenue to a point 300 feet east of Pottery Avenue, twenty miles per hour at all times; Page 6 of 176 Back to Agenda Resolution No. Page 3 of 5 (E) Mitchell Avenue from a point 300 feet south of Wolves Ln Pvt. to a point 300 feet north of DeKalb Street, twenty miles per hour, when the beacon is flashing; (F) Sidney Road SW from a point 300 feet north of SW Birch Road to a point 80 feet south of Glenwood Road, twenty miles per hour, when the beacon is flashing; (G) Lawrence Street from Tracy Avenue N to Perry Avenue N, twenty miles per hour at all times; (H) Perry Avenue N from Guy Wetzel Street to Lawrence Street, twenty miles per hour at all times; (1) Sprague Street, entire length, twenty miles per hour at all times; (J) Alleys and other narrow roads not otherwise listed, entire length, ten miles per hour at all times. Section 2. INCREASE OF SPEED LIMIT. When signs are erected by the City Engineer giving notice thereof, the speed permitted by state law within those streets and intersections described in this section should be increased during the times specified: (A) Tremont Street, entire length, thirty-five miles per hour at all times; (B) Sidney Avenue from Tremont Street to primary State Highway 16, thirty miles per hour at all times; (C) Port Orchard Boulevard, on all that portion five hundred feet from its intersection with primary State Highway 166 to its intersection with Tremont Street, thirty-five miles per hour at all times; (D) On Bay Street (State Highway 166), beginning at the west city limits, easterly to a point 1.4 miles east of the west city limits, fifty miles per hour at all times; (E) On Bay Street (State Highway 166), beginning at a point 1.4 miles east of the west city limits, to a point 0.29 miles west of the intersection of West Avenue and Bay Street (State Highway 166), thirty-five miles per hour at all times; (F) Old Clifton Road, entire length, thirty-five miles per hour at all times; Page 7 of 176 Back to Agenda Resolution No. Page 4 of 5 (G) On Mile Hill Drive (State Highway 166), beginning at the east city limits, westerly to the intersection of Bethel Avenue, thirty-five miles per hour at all times; (H) Bethel Avenue/Road, beginning at the south city limits to a point 600 feet south of the intersection of Bay Street (State Highway 166), thirty-five miles per hour at all times; (1) Olney Avenue, from the Beach Drive E to its intersection with Mile Hill Drive (State Highway 166), thirty miles per hour at all times; 0) Sidney Road SW from SW Sedgwick Rd to the south city limits, thirty miles per hour at all times; (K) SW Sedgwick Road from the east city limit to Sidney Road SW, thirty-five miles per hour at all times; (L) SW Sedgwick Road from Sidney Road SW to Glenwood Road SW, thirty- five miles per hour at all times; (M) Glenwood Road SW from the west city limit to SW Sedgwick Road, thirty- five miles per hour at all times; (N) SE Salmonberry Road from Bethel Road SE to east city limit, thirty miles per hour at all times; (0) Lund Avenue, entire length, thirty-five miles per hour at all times; (P) Anderson Hill Road SW from SW Old Clifton Road to north city limit, thirty-five miles per hour at all times; (Q) Feigley Road SW from SW Old Clifton Road to north city limit, thirty miles per hour at all times; (R) Mitchell Road SE from Bethel Road SE to Melcher Street, thirty miles per hour at all times; and (S) McCormick Woods Drive SW from Glenwood Road SW to SW Dunraven Place, thirty miles per hour at all times. Section 3. EFFECTIVE DATE. Pursuant to RCW 46.61.415(5), the altered speed limits set forth in this Resolution shall take effect when appropriate signs giving notice thereof are erected. Page 8 of 176 Back to Agenda Resolution No. Page 5 of 5 Section 4. SAVINGS CLAUSE. The Resolutions which are repealed by this Resolution shall remain in force and effect as set out prior to this resolution until the effective date of this Resolution. Such amendments shall not be construed as affecting any existing right acquired under the laws repealed, nor as affecting any proceeding instituted thereunder, nor any rule, regulation or order promulgated thereunder. 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 23rd day of May 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 9 of 176 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: Approval to Accept a Special Event Back to Agenda Meeting Date: May 23, 2023 Prepared by: Brandy Wallace, MMC Application and Waive the Submittal Timeline: Port Orchard Night Market Atty Routing No: Atty Review Date: N/A N/A Clerk Summary: City staff received a Special Event application for a series of Night Markets to take place on Saturdays, June 17, July 22, August 12, and September 9, 2023. Since this application was received less than the required 90 days it requires Council approval to allow staff to accept and process the application. The application states the following: EVENT: Port Orchard Night Market TYPE: Vendor Fair DATE: Saturdays, June 17, July 22, August 12, and September 9, 2023 TIME: Open to the public at 3:00 p.m. until 11:00 p.m. LOCATION: Sidney Parkway, Parking Lot #2 between Sidney Avenue and Frederick Street CLOSURE: Parking Lot #2, between Sidney Avenue and Frederick Street The required notice, pursuant to POMC 5.94.050(3), allowing citizens to provide written comments regarding how allowing the special event will impact their property, business, or quality of life will still be noticed upon council accepting the application. Staff and outside agencies will still need to review the application and will work towards ensuring safety measures are in place. Relationship to Comprehensive Plan: N/A Recommendation: Staff supports the application, upon the event meeting the required necessary public safety and traffic control provisions. Motion for consideration: I move to approve the Port Orchard Night Market application be accepted and processed by staff, as presented, and to waive POMC 5.94.030(3) for this event. Fiscal Impact: None. Alternatives: Not modify the time submittal requirement. Attachments: Application Page 10 of 176 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: Location of event: Type of Event: o Festival ❑ Wa Event or Organization Website: Description of event: / Admission Fees: a Pare —n adendor Fair Block Party n Oiher: A. A �rr.Gu"�4 Does your event require a paid fee for participants and/or spectators? ❑Yes i�No Does your event require minimum or suggested donation for participants and/or spectators? ©Yes Admission/participation fee/ suggest donations amount(s): Event Details rZA city of Port orchard i Special Event Application Page 11 of 176 Back to Agenda Organization Information* Nance of Organization: TQZgme` Do you have an active City Business License? DYes ONJ What is your UBI number? Point of Contact Name: Street Address: '701 0 T (Fr 8 Mailing Address: (if different from street address) City: State: Zip: City: State: Zip: Phone; a s Alternate Phone: 21., ail: *Please note the organization informwtion provided maybe shared far inquires made on event Wtailif Alcohol 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,Fov/ for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event? es* ❑No *lf yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license. Food You will need to reach out to the lfitsap Public Health Distrkt as they may require a temporary food establishment permit. Visit theirwebsiteathttps://kitsappublichealth.org/FaodSofety/food vendors.phporcall1360)728-2235for information. Will your event have any food service and/or sales? %Yes Will your event have professional catering? Dyes Will your event have food trucks? 9(yes Will your event have food booths or food vendors? Xyes Restrooms ❑No If yes, how many: 13 * If yes, how many: ❑No If yes, how many: J ❑No If yes, how many: Prove the number of restrooms that will be available to the public for your event: 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 500A 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 50 Citvof Port Orchard I Special Event Application Page 12 of 176 Organization information* Back to Agenda Name of Organization: G Do you have an active City Business License? []yes C] Point of Contact Name: Street 0,I- Address: �I'7% —50L City: State: What is your UBI number? Mailing Address: (if different from street add ress) City: Phone: - _ Alternate Phone: p,/, ail; C *Please note the organization information provided maybe shared forinquires made on event Alcohol State: j Zip: 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:/iicb.wa.gov/ for additional information and to apply for the appropriate license / Permit, Will alcohol be sold or consumed at your event? e5* LINO *if yes, you must contact the Washington State Liquor and Cannabis Board fora special liquor license. You will need to reach out to the Kitsap Public Health District as they may require a temporary food establishment permit Visit their websiteathtC s: kitsappublr`chealth.ora/Food5afetylfood vendors.pho orcall(360) 728-2235forinformation. Will your event have any food service and/or sales? )(Yes El No If yes, how many: Will your event have professional catering? Will your event have food trucks? Will your event have food booths or food vendors? Restrooms ❑yes N&o If yes, how many: 13 9(yes ❑No If yes, how many: Xyes ❑No If yes, how many: V Prove the number of restrooms that will be available to the public for your event: 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 1,000 to 1,999 12 2,000 to 2,999 25 3,000 to 3,999 38 4,000 to 4,999 50 City of Port Orchard i Special Event Application Page 13 of 176 Garbage and Recycling Back to Agenda Collection Stations: Flow many bins are you providing as Collection containers at your event? Recycle y Garbage ((/ Will you manage your own recycling and garbage collection or wilt it be managed by a vendor? Self -Haul Yes ❑No List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood $A& V o- Amplified Sound Does your event have any amplified sound? XYes ❑ No Noise levels generated shall not be in excess of allowable levels, consistent with p0MC9.24.050. For mare information please contact the Port Orchard Police Department (360) 876-1700. Tents Does your event include a tent or membrane structure? 1yes ❑ No ❑ Not Applicable If yes, what is the tent size: Does the tent have sides? El No El Not applicable Maybe required to obtain a permit per POMC 20.204.010 please contact Community Developm nt (360) 874-5533, City of Port Orchard � Special Event Application Page 14 of 176 Back to Agenda Use of City Right -of -Way and Parking impacts Use of State Highway: Will this event require closure of a State Highway Street (Bay Street/SR166)? ❑ yes KNo for State Highway Closures (BayStreet), the sponsoring Organization must submit the application to the city at least 120 calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is gmnted from WSDOT, a copy of the Letter of Aclmo► dedgment or an Agreement will creed to be provided to the city 45 days prior to the event. WSOOTsonline application islocated at. httPs://www.wsdot.wa.gov/contact/events/special-events Use of Public Property (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which are designated as portions of the state highway system." Will this event require closure of any of the below public property? ❑ Yes la$NO If yes, indicate what type of public property is requested to be closed and the location (select all that apply): ❑ City Parks: 0 Van Zee Park 0 Paul Powers Park ❑ Parking Lots- 0 Lot 1: between Orchard and Frederick streets on the north side of Bay Street Xot 2: between Frederick Street and Sidney Avenue, north of Say St. ❑ Sidewalks: 0 McCormick Village Park 0 Central Park 0 Lot 3: five rows of parking west of Harrison Ave and east of and parallel to the library 0 Lot 4: all parking east of Let 3 and Harrison Ave and west of the Marina Park 0 Etta Turner Park 0 Givens Park 0 Lot 5: all parking on City Hall property in front of the Police department 0 Lot 6: abutting the landscaped area at the SW corner of the Bay St and Dekalb St intersection 0 Rockwell Park 0 Lot 7: all parking spaced located on the library property which is limited to library staff only 0 Lot 8: employee parking lot east of City Hall adjacent to Prospect Alley which is between Kitsap Street and Prospect Street. ❑ Street(s) If requesting street closure, fill out the closure information below and prsovide a traffic control plan of the area impacted. Traffic Control Plan: Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified flaggers: City of Port Orchard I Special Event Application Page 15 of 176 Street Closure Details: Back to Agenda Street Name: Between And Start Date: Start Time; End Date: End Time: (cross street): (cross street): Additional details: (attach additional pages as needed for more streets and/or more details about use.) Parking Impacts Have parking impacts been coordinated with neighbors (residential/business)? VYes ❑ No ❑ Not Applicable If yes, how will parking be provided for participants and visitors (including handicapped parking)? 6P — &ML 1"- Event Signage Are you planning to put up temporary signs? )(Yes El 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. Vendors Does your event indicate vendors? )(es ❑Na If so, will they be selling merchandis111e��`and/ or food?Yes ❑No If so, how many anticipated exhibitors/vendors will be at your event?_ 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 City of Part Orchard I Special Event Application Revised 31112022 Page 7 of 10 Page 16 of 176 sponsorcif the master event shallprovide a list of Par6cipating vendors, their business names Backto Agenda to Tax Revenue Identification Numbers to the city clerk within three working days after the -first uuy u1 uic uperur an. • 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. Site Map A site map is re uired to be submitted which includes the following: Vendors: I Yes ❑ No ❑ Not applicable Beer Garden: 1Yes ❑ No ❑ Not applicable Signage: Yes ❑ No ❑ Not applicable Tents: VYes ❑ No ❑ Not applicable Public entrances and exits: ❑ Yes ❑ No VNot applicable Road closures and detours: ❑ Yes ❑ No Not applicable Traffic patterns: ❑ Yes ❑ No VNot applicable Fire lanes: ❑ Yes ❑ No Not applicable Garbage/Recycling: Vyes ❑ No ❑ Not applicable Barricades: ❑ Yes ❑ No VNot applicable First Aid: ❑ Yes ❑ No XNot applicable Parking: ❑ Yes ❑ No Not applicable Restrooms: )kes ❑ No ❑ Not applicable If event is a run/walk, list start and stop locations and water/rest stations: ❑ Yes ❑ No �Notapplicable City of Port Orchard I Special Event Application Re vised 3IV2022 Page 8 of to Page 17 of 176 Back to Agenda 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.hubintemational.com/. 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. n 1! lj1442i112,0 2-:> re of President air of Organization Print Name pate Comments received by: Date final review sent: FOR CITY CLERK'S OFFICE USE ONLY Date $50 Permit Fee Received: ❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District Date Insurance Certificate(s) Received. Does event require a Master Multi -Vendor license: ❑ Yes ❑ No If Yes: ❑ $15/day fee ❑ $200/monthly fee Number of days: Amount: Date fee paid. City of Port Orchard I Special Event Application Revised 31112022 Page 9 of 10 Page 18 of 176 mom, �� / \�\� _14 , Y lose ephl oes Food Truck Cooking Non -Cooking Groups of non -cooking tents are 1-foot apart y 4 C Wef1�. � Carters � - LIZZyIoa s �.a Page ZOCc� 176 • Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of May 9, 2023 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:34 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Trenary Present Councilmember Chang Present Councilmember Clauson Present Councilmember Cucciardi Present Councilmember Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present Mayor Putaansuu Present Staff present: Public Works Director Lang, HR Manager Lund, Community Development Director Bond, City Attorney Archer, Police Chief Brown, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp 00:25) Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 00:47) MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to move Business Items 8H (Adoption of a Resolution Adopting Personnel Policies Related to Purchasing of Clothing and Work Boots), 8K (Approval of Road Closure for a Special Event: Fathom's 541" Grand Parade), 8L (Approval of Road Closure for a Special Event: South Kitsap Grad Parade), 8M (Approval of Road Closure for a Special Event: Unforgotten Run), and 8N (Approval of Parking Lot Closure for a Special Event: Fathoms O' Fun Summer Festival) to the Consent Agenda. The motion carried. MOTION: By Councilmember Cucciardi, seconded by Councilmember Trenary, to approve the agenda as amended. The motion carried. Page 21 of 176 Back to Agenda 3. CITIZENS COMMENTS (Time Stamp: 03:00) There were no citizen comments. 4. CONSENT AGENDA (Time Stamp: 03:35) A. Approval of Voucher Nos. 85940 through 86007 including bank drafts in the amount of $379,645.20 and EFT's in the amount of $313,975.66 totaling $693,620.86. B. Approval of Payroll Check Nos. 85933 through 85939 including bank drafts and EFT's in the amount of $242,086.93 and Direct Deposits in the amount of $230,253.33 totaling $472,340.26. C. Adoption of a Resolution Approving the Purchase of a Riding Mower for the Equipment Rental Revolving Fund 500 (Resolution No. 041-23 and Purchase Order No. 034-23) D. Adoption of a Resolution Approving the Purchase of a Combination Jet/Vacuum Truck from the Equipment Rental Revolving Fund 500 (Resolution No. 042-23 and Purchase Order No. 035-23) E. Adoption of a Resolution Approving the Purchase of Materials to Construct Electric Vehicle Charging Stations for the City's Fleet of Electric Vehicles (Resolution No. 043-23) F. Approval of the April 14, 2023, Council Retreat Minutes G. Adoption of a Resolution Adopting Personnel Policies Related to Purchasing of Clothing and Work Boots (Resolution No. 044-23) H. Approval of Road Closure for a Special Event: Fathom's 54t" Grand Parade I. Approval of Road Closure for a Special Event: South Kitsap Grad Parade J. Approval of Road Closure for a Special Event: Unforgotten Run K. Approval of Parking Lot Closure for a Special Event: Fathoms O' Fun Summer Festival MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the consent agenda as amended. The motion carried. I41111111111110:J*i4 L1ILAI[QL There were no presentations. 6. PUBLIC HEARING A. Blueberry Apartments Development Agreement for Traffic Impact Fee Credits (Time Stamp 04:01) Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing at 6:41 p.m. 7. EXECUTIVE SESSION At 6:42 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session pursuant to RCW 42.30.110.(1)(i) regarding legal risk of a proposed action when public discussion could have May 9, 2023, City Council Meeting Minutes Page 2 of 6 Page 22 of 176 Back to Agenda potential adverse legal or financial consequences for the agency. City Attorney Archer was invited to attend, and she announced action will follow. At 6:52 p.m., Mayor Putaansuu reconvened the meeting back into 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 (Time Stamp 08:24) MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, 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. City Attorney Archer noted a friendly amendment will need to be made to modify Section 8 to state compensation shall be in the full amount of the full appraised value. Councilmembers Rosapepe and Diener agreed to the friendly amendment. The motion carried. (Ordinance No. 007-23) B. Adoption of an Ordinance Approving a Development Agreement with Blueberry Apartments, QOZB, LLC (Time Stamp: 13:14) MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt an ordinance authorizing the Mayor to execute a development agreement with Blueberry Apartments QOZB, LLC as presented. The motion carried. (Ordinance No. 008-23 and Contract No. 039-23) C. Adoption of a Resolution Approving a Contract with Miles Resources, LLC for the 2023 Citywide Asphalt Repair Project (Time Stamp 14:54) MOTION: By Councilmember Trenary, seconded by Councilmember Clauson, to adopt a resolution approving a contract with Miles Resources, LLC for the Citywide Asphalt Repair project in the amount of $867,629.60. The motion carried. (Resolution No. 045-23 and Contract No. 040-23) May 9, 2023, City Council Meeting Minutes Page 3of6 Page 23 of 176 Back to Agenda D. Adoption of an Ordinance Amending POMC Chapter 2.60 Related to Council Compensation (Time Stamp 20:32) MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to adopt an ordinance, as presented, which amends Chapter 2.60 of the Port Orchard Municipal Code related to Council compensation. Councilmembers Cucciardi and Chang voiced their concerns and noted they will not be voting in favor of this. The motion moved. Councilmembers Cucciardi and Chang voted no. (Ordinance No. 009-23) 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 (Time Stamp 31:06) MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to adopt an ordinance amending Port Orchard Municipal Code 20.26.020 and 20.132.060, as presented. The motion carried. (Ordinance No. 010-23) F. Adoption of an Ordinance Amending POMC 20.24.040 Addressing Counter Completeness and Electronic Permit Submittals (Time Stamp 34:39) MOTION: By Councilmember Lucarelli, seconded by Councilmember Trenary, to adopt an ordinance amending Port Orchard Municipal Code 20.24.040, as presented. The motion carried. (Ordinance No. 011-23) G. Adoption of an Ordinance Adopting the 2023 Comprehensive Plan Amendments (Time Stamp 36:35) MOTION: By Councilmember Trenary, seconded by Councilmember Chang, to adopt an ordinance adopting the 2023 amendments to the City's Comprehensive Plan, as presented. The motion carried. (Ordinance No. 012-23) H. Adoption of a Resolution Authorizing a Memorandum of Understanding with Kitsap Regional Library for Design Work for the Community Event Center (Time Stamp 39:13) May 9, 2023, City Council Meeting Minutes Page 4of6 Page 24 of 176 Back to Agenda MOTION: By Councilmember Chang, seconded by Councilmember Cucciardi, to adopt a resolution authorizing the Mayor to execute a Memorandum of Understanding with KRL for design work for the Community Events Center. The motion carried. (Resolution No. 046-23) I. 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 (Time Stamp 43:17) MOTION: By Councilmember Clauson, seconded by Councilmember Diener, 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. The motion carried. J. Approval of the April 25, 2023, City Council Meeting Minutes (Time Stamp 45:44) MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to approve the City Council meeting minutes of April 25, 2023, as presented. The motion carried. Councilmember Clauson abstained. 9. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 10. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 46:30) Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to meet May 151h. The Utilities Committee is scheduled to meet June 131h. The Festival of Chimes and Lights Committee is scheduled to meet May 15th. The Land Use Committee is scheduled to meet May 10th Councilmember Clauson reported on the May 9th Finance Committee meeting. 11. REPORT OF MAYOR (Time Stamp 52:05) The Mayor reported on the following: • Permanent supportive housing bedrooms • Drug possessions, statewide laws and city ordinance • 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 Office Assistant II and Public Works Foreman. May 9, 2023, City Council Meeting Minutes Page 5of6 Page 25 of 176 Back to Agenda 12. REPORT OF DEPARTMENT HEADS (Time Stamp 1:06:14) Police Chief Brown reported on a threat to our local high school and how police staff responded. 13. CITIZEN COMMENTS (Time Stamp 1:09:08) Sharron King with Fathoms 0' Fun Festival, Inc., voiced her appreciation for the Council allowing their events to move forward. She also spoke about the Mayor and Council participating in the Grand Parade. 14. EXECUTIVE SESSION Executive session was held earlier. 15. GOOD OF THE ORDER There was no good of the order. 16. ADJOURNMENT The meeting adjourned at 7:55 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor May 9, 2023, City Council Meeting Minutes Page 6 of 6 Page 26 of 176 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.: Business Item 7A Subject: Adoption of an Ordinance Amending POMC Chapter 20.200 to Conform with Updates to the State Building Code Meeting Date: May 23, 2023 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No. Atty Review Date Development -Matter 11 May 17, 2023 Summary: The Washington State Building codes are typically updated on a 3-year cycle. On July 1, 2023, the 2021 building codes take effect under state law pursuant to RCW 19.27. As such, the city is required to amend POMC 20.200 to reference these new codes. The proposed ordinance changes references to the 2018 code to reference the 2021 codes and has an effective date of July 1, 2023, consistent with state law. A summary of code changes as prepared by the City of Mercer Island building department is attached to this staff report for reference. Relationship to Comprehensive Plan: N/A Recommendation: City staff recommends approval of an ordinance amending POMC Chapter 20.200 as presented. Motion for consideration: "I move to adopt an ordinance amending POMC Chapter 20.200 to conform with updates to the State Building Code under RCW 19.27 as presented." Fiscal Impact: None foreseen. Alternatives: Do not approve the contract as presented. Attachments: Ordinance, Summary of Code Changes from City of Mercer Island Page 27 of 176 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING CHAPTER 20.200, CITY CONSTRUCTION CODE, OF THE PORT ORCHARD MUNICIPAL CODE TO CONFORM WITH UPDATES TO THE STATE BUILDING CODE UNDER CHAPTER 19.27 OF THE REVISED CODE OF WASHINGTON AND THE REVISED WASHINGTON STATE BUILDING CODE ACT; ADOPTING THE CURRENT STATE BUILDING CODES; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Washington State Building Code Council (Code Council) periodically recommends and adopts uniform codes of statewide applicability, collectively referred to as the State Building Code; and WHEREAS, the Washington state legislature has updated Chapter 19.27 of the Revised Code of Washington (RCW), the Washington State Building Code Act, to adopt the 2021 versions of the State Building Code, effective July 1, 2023; and WHEREAS, the City of Port Orchard (the "City") has adopted by reference the State Building Codes as required by state law, to locally enforce said rules for the health, safety, and welfare of the public; and WHEREAS, Chapter 20.200 City Construction Code of the Port Orchard Municipal Code (POMC) will not conform to the State Building Code and RCW 19.27 after July 1, 2023 without amendment; and WHEREAS, the City Council wishes to update sections in Chapter 20.200 of the POMC so that Title 20 of the POMC is consistent with the State Building Code and RCW 19.27, as updated effective July 1, 2023; and WHEREAS, the SEPA Responsible Official for the City determined that adoption of this ordinance is categorically exempt from environmental review as a procedural action under WAC 197-11-800(20); now therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS FOLLOWS: SECTION 1. Amendment of POMC 20.200.008 State Building Code, Adopted. Port Orchard Municipal Code Section 20.200.008 is hereby amended to read as follows: Page 28 of 176 Back to Agenda Ordinance No. Page 2 of 4 Pursuant to RCW 35A.12.140, the city of Port Orchard hereby adopts the following codes of technical compliance by reference, which are incorporated herein; provided, that the amendments, deletions, and additions thereto as provided in this chapter shall govern over the published provisions of the respective adopted code: (1) The 2021 Edition of the International Building Code as published bythe International Code Council (ICC), including Appendix E, as adopted and amended by the Washington State Building Code Council (WSBCC) in WAC 51-50-003, is hereby adopted by reference. Additionally, Appendix B of the 2021 International Building Code is adopted by reference by the city of Port Orchard; (2) The 2021 Edition of the International Residential Code as published by the ICC and as adopted and amended by the WSBCC in WAC 51-51-003. Additionally, Appendix M of the International Residential Code is adopted by reference by the city of Port Orchard; (3) The 2021 Edition of the International Mechanical Code, as published by the ICC, as adopted and amended by the WSBCC in WAC 51-52-003, is hereby adopted by reference by the city of Port Orchard; (4) The 2021 Edition of the International Fire Code, as published by the ICC, as adopted by the WSBCC in Chapter 51-54A WAC, is hereby adopted by reference. Additionally, Appendix B of the International Fire Code is adopted by reference by the city of Port Orchard and portions of Appendix D are adopted as shown in POMC 20.200.0161 (5) The 2021 Edition of the Wildland Urban -Interface Code as published bythe ICC, as adopted by the WSBCC in Chapter 51-55 WAC, is hereby adopted by reference. (6) The 2021 Edition of the Uniform Plumbing Code, as published by the International Association of Plumbing and Mechanical Officials, and as adopted and amended by the WSBCC in WAC 51-56-003, is hereby adopted by reference; (7) The 2021 Edition of the International Energy Conservation Code, Commercial, as adopted and amended by the Washington State Building Code Council in Chapter 51-11C WAC; (8) The 2021 Edition of the International Energy Conservation Code, Residential, as adopted and amended by the Washington State Building Code Council in Chapter 51-11R WAC; (9) The 2021 edition of the International Property Maintenance Code, as published bythe ICC; and (10) The 1997 Edition of the Uniform Code forthe Abatement of Dangerous Buildings together with the appendices, as published by the International Conference of Building Officials, is hereby Page 29 of 176 Back to Agenda Ordinance No. Page 3 of 4 adopted, except that references to the uniform codes shall be replaced with the appropriate technical codes and sections as adopted by the city. A copy of the codes referenced herein shall be kept on file with the city clerk. SECTION 2. Amendment of POMC 20.200.018, Appeals. Port Orchard Municipal Code Section 20.200.018 is hereby amended to read as follows: Whenever the fire code authority shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the codes do not apply or that the true intent and meaning of the codes have been misconstrued or wrongly interpreted, the applicant may appeal from the decision within 30 days from the date of the decision in accordance with Section 113 of the 2021 Edition of the International Fire Code, as adopted herein. 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 approval of the city attorney, the city clerk and the codifiers of this ordinance are authorized to make necessary technical corrections to this ordinance, including, without limitation, the correction of clerical errors; references to other local, state, or federal laws, codes, rules, or regulations; or section/subsection numbering. SECTION 5. Effective Date. This ordinance shall be in full force five days after posting and publication, provided following publication the amendments to the POMC set forth herein shall be effective July 1, 2023. A summary of this ordinance 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 Clerk in authentication of such passage this 23rd day of May 2023. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 30 of 176 Back to Agenda Ordinance No. Page 4 of 4 APPROVED AS TO FORM ONLY: SPONSOR: Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE: Page 31 of 176 Back to Agenda Summary of Significant Code Changes The 2021 Construction Codes will be effective on July 1, 2023. The following list highlights some of the significant changes to the various construction codes. Washington State amendments have been prefaced with "WS" to clarify source of the change. 2021 International Building Code (IBC) • Nonstructural components. Construction documents shall indicate if structural support and anchoring documentation for nonstructural components is part of the design submittal or a deferred submittal. WS IBC 107.2.9. • Types IV -A, IV-B and IV- C connection protection inspection: Special inspection requirements were added to address the anchorage and connection of mass timber structural elements. IBC 110.4.9.2. • Change of Occupancy definition revised to include a change in the level of activity within a building or structure. IBC 202. • State amendment to the high-rise definition to include an occupied roof with an occupant load of 50 or more persons, which is located more than 75 feet above the lowest level of fire department vehicle access. WS202. Note - the definition was previously amended in MICC 17.01.020 to be measured to the occupied floor or rooftop, regardless of occupant load. • Uses not classified as Group H: Distilling, brewing, and storing beer, wine, and spirits is not necessarily in Group H as long as it complies with the International Fire Code. IBC 307.1.1. • Alcoholic beverage storage: Beverages over 16% alcohol are in the S-1 moderate -hazard storage group; beverages at or below 16% are in the S-2 low -hazard storage group. IBC 311.2 & 311.3. • Puzzle rooms (escape rooms) are now defined and regulated as special amusement areas, requiring compliance with Section 411 and special means of egress requirements. IBC 202, 411.5. • For the purpose of determining the allowable number of control areas in a building, each portion separated by one or more fire walls is now considered as a separate building. IBC 414.2.3. Play structure requirements increased when exceeding 600 sf in area or 10 feet in height, including special investigation and structural design. IBC 424. • Domestic cooking in ambulatory care facilities: New rules for domestic cooking appliances in care facilities include fire safety measures, gas shutoffs with supervisory staff access, and timed shutoffs for appliances. IBC 422.7. • The state requires electric vehicle charging infrastructure within new buildings and accessory structures for most occupancy groups, including dwelling units with private garages. WS IBC 429, WS IBC Table 429.2. • Occupied roof allowances: Occupied roofs are not included in the height or number of stories as long as the penthouse and other roof structures comply with section 1511. IBC 503.1.4. Enclosure of occupied roof areas. With limited exceptions, elements or structures enclosing the occupied roof areas shall not extend more than 48 inches (1220 mm) above the surface of the occupied roof. WS IBC 503.1.4.1. AB6250 I EXHIBIT 2 1 PAGE 1 Page 32 of 176 Back to Agenda • Guards. Occupied roofs shall have guards in accordance with Section 1015.2. WS IBC 503.1.4.2 • Podium buildings: Now allows combustible stair construction below the 3-hour horizontal separation if several conditions are met. WS IBC 510.2. • Previous construction types in the state code (Types IV -A, IV-B, and IV-C) have been moved to the model code with some state amendments. Three construction types allow mass timber buildings of taller heights, more stories above grade, and greater allowable areas compared to existing provisions for heavy timber buildings. IBC 602.4, IBC Table 601, WS 602.4. • Structural fire Protection: Now requires any attachments to fire rated steel members to be rated for at least 12" away from structural member. IBC & WS 704.6.1. • Separation of Energy Storage Systems requiring fire barriers and restricting fire -protection rated glazing to address thermal runaway concerns. Provided glazing must be fire -resistance rated. Wall & opening requirements as established by IFC 1207. IBC 707.4, 716 • Exit Access Travel Distance: This language change from "Common path of Egress Travel Distance" to "Exit Access Travel Distance" will change the end point of the measurement of the distance traveled. For single -exit stories, the travel distance limits are now based on the exit access travel distance as opposed to the common path of egress travel. IBC 1006.3.4. • Egress illumination: Increases amount of lighting along stairs & landings from 1 foot-candle to 10 f-c while stairs are in use (occupant sensors). IBC 1008.2.1. • Accessible egress: Now requires elevator to occupied roofs if 4 stories or more. IBC 1009.2.1. • Min. door width: Door width revisions to certain small spaces such as fitting rooms, shower compartments, toilet stalls, etc. IBC 1010.1.1. • Max. door width: Door width no longer limited to 4 ft. max. (if all other requirements met). IBC 1010.1.1. Areas of refuge: Increased size of areas of refuge from 30"x 40" to 30"x 52". IBC 1009.6.3. • The 2017 edition of ICC A117.1 Accessible and Usable Buildings and Facilities was adopted. IBC 1102.1. • ICC A117.1— 2017 contains substantial changes to account for the standard, larger electronic wheelchairs. For example, increased sizes of turning spaces, clear floor spaces, toilet rooms, width along accessible route of travel, ramps, curb ramps, sidewalks, etc. and other spaces in new construction. • ICC A117.1— 2017 provides technical requirements for wheelchair charging stations. • Unvented attics: Expands alternatives for unvented attic spaces if air permeable insulation and 'vapor diffusion ports' (new definition) are used. IBC 1202.3. • In Group E occupancies, enhanced classroom acoustics in compliance with ICC A117.1 are to be provided in all classrooms having of volume of 20,000 cubic feet or less. IBC 1207. • Restroom privacy: new requirement to provide privacy screening at entrance to public restrooms designed for more than one occupant. IBC 1210.3. • Parapets of a minimum height are now required for aggregate -surfaced roofs to prevent blow -off. IBC 1504.9. • Mixed occupancy buildings with assembly spaces are placed in Risk Category III when the total public assembly occupant load is greater than 2500 people. IBC Table 1604.5. AB6250 I EXHIBIT 2 1 PAGE 2 Page 33 of 176 Back to Agenda • Installation of firestop, fire-resistant joint systems, and perimeter fire containment systems in residential -use buildings now requires special inspection in Group R fire areas having an occupant load exceeding 250 people. IBC 1705.1.8. • Structural Concrete Tolerances - ACI standards ACI 117 and ITG 7 were added by reference to provide acceptable tolerances for concrete construction. IBC 1901.7. • The use of intermodal shipping containers as buildings is now specifically addressed through provisions intended to supplement existing applicable IBC requirements. IBC 3115. • All -gender terminology replaces gender -neutral. Separate facilities not required rooms are designed for use by both sexes and privacy is provided. WS Chapter 29. • Fire protection: Expands requirements to provide fire protection water on construction sites before and during vertical construction. IBC 3313. • Appendix P Construction & Demolition Material Management: if specifically adopted by a jurisdiction, provides requirements for salvage assessment and waste diversion. 2021 International Residential Code for One- and Two -Family Dwellings (IRC) • The state added Ch. 45 — Existing buildings and structures. The scoping provisions state that repairs, alterations, additions, and relocation of existing buildings and structures must comply with the requirements of new construction except as modified in this chapter. Users are directed to the IEBC only when there is a change in occupancy or change of height or egress that pushes the scope out of the IRC. WS IRC R102.7.1 and WS IRC Chapter 45. • The definition of Townhouse changed and a new definition for Townhouse Unit was added and modified by the state. IRC R202 & WS IRC R202. • The state added a definition of Enclosed Kitchen and Loft (to replace Sleeping Loft) and modified Landing Platform. WS IRC R202. • The use of Intermodal Shipping Containers is now recognized in the IRC and criteria for minimum structural requirements is referenced to Section 3115 of the IBC. IRC R301.1.4. • Wind speeds have been updated and reduced in many areas. Design criteria can be verified using https://asce7hazardtool.online /. IRC R301.2.1. • Irregular building provisions for hillside light -frame constructed buildings may require engineered design per IBC. R301.2.2.6 (Item 8). • Scope added for anchorage of water heaters to include thermal storage units. WS IRC R301.2.2.10. • The live load requirement for guards and handrails are separated and the requirements for guards have been lessened. Now only handrails must apply a single concentrated load applied in any direction at any point along the top. For guards not required to serve as a handrail, the load need not be applied to the top element of the guard in a direction parallel to such element thus reducing the amount of connection hardware needed to construct a guard along a deck or other elevated walking surface. Guards must still be designed with the concentrated load in the downward direction and in the horizontal direction away from the walking surface. IRC Table R301.5. • While the model code was amended to clarify that the separation of dwelling units in two- family dwellings to be not less than 1-hour regardless of whether a lot line existed between the units, the state did not adopt that language and added an exception to not require AB6250 I EXHIBIT 2 1 PAGE 3 Page 34 of 176 Back to Agenda separation of an ADU added to an existing single-family residence to create a two-family dwelling when smoke alarms are interconnected. WS IRC R302.3.1. • The state made several modifications to the fire -resistance requirements in two-family dwellings regarding protection at the wall separating units, separation from shared accessory rooms, and penetrations. WS IRC R302.3.4 — R302.3.5.3. • Doors at the dwelling -to -garage opening now must be self -latching in addition to being equipped with a self -closing or automatic -closing device. IRC R302.5.1. • A new section added regarding electric vehicle charging to require a dedicated 40-ampere circuit terminating at a junction box, receptacle outlet or charging equipment. WS IRC R309.6. • The provisions for window wells and area wells serving emergency escape and rescue openings have been merged into one section for area wells. IRC R310.4. • The state relocated requirements for replacement windows from R310.5 to R4502.5. WS I RC R4502.5. • The state exception to allow access to areas of 200 s.f. or less utilizing alternating tread devices, ship's ladders or ladders has been limited to areas located not more than 10 feet above finished floor of the space below. WS IRC R311.4. • The state removed the limitation of 12'-7" as the maximum vertical rise of stair flights. WS IRC R311.7.3. • The state did not adopt the exception for alternating tread devices or ship's ladders. WS IRC R311.7.11 & WS IRC R311.7.12. • A new location requirement for smoke alarms was added to address high ceilings adjacent to hallways serving bedrooms and the state clarified that a smoke alarm is required within the room to which a loft is open. IRC R314.3 & WS IRC R314.3. • The provisions for protection of wood against decay have been reorganized and clarified. IRC R317.1. • The accessibility provisions for live/work units and owner -occupied lodging houses constructed under the IRC are clarified. IRC R320. • Habitable attics are now limited to one-third the floor area of the story below except if the dwelling unit is equipped with a fire sprinkler system, it can be not greater than one-half the floor area. IRC R326. • The state requirement that pools and spas comply with the ISPSC has been relocated from R328 to R327 with the same revisions as previously adopted. WS IRC R327.1. • The state amended section for Energy Storage Systems has been relocated from R329 to R328 and modified. WS IRC R328. The state added a new section for Lofts including a definition in R202. Other code sections modified to include loft requirements where applicable. WS IRC R333. • The state added a new section for Stationary Fuel Cell Power Systems and refers to the IFC for compliance requirements. WS IRC R334. • 6 mil waterproofing no longer allowed at concrete foundations. IRC R406.2. • A minimum 10 mil vapor retarder conforming to ASTM E1745 Class A requirements is now required below slabs -on -grade. IRC R506.2.3. • New section added specific to exterior deck guards. IRC R507.10. AB6250 I EXHIBIT 2 1 PAGE 4 Page 35 of 176 Back to Agenda • Continuous sheathing requirements for foundation cripple walls limited to exterior cripple walls only allowing for simplified crawl space ventilation. IRC R602.9. • The location of braced wall lines and permitted offsets are more limited. IRC R602.10.1.2. • Clarifications added for use of brick veneer in prescriptive designs by adjusting seismic factors. IRC Table R602.10.3(4). • Limitations added for stone and masonry veneer in prescriptive designs. IRC R602.10.6.5. • Garage door labeling required to identify wind pressure rating among other information. IRC R609.4.1. • Requirements for vapor retarders have been reorganized and clarified. Several new tables have been provided to assist designers in determining what vapor retarders are required, and where these vapor retarders should be located in the wall assembly. IRC R702.7. • Some previous state amendments for exterior coverings regarding water -resistive barriers and flashing have been removed to rely on the model code language. IRC R703. • Larger air gaps are allowed behind veneer to accommodate thicker continuous insulation. IRC Table R703.8.4(1). • A new section added to provide prescriptive guidance on materials, design, and installation of soffits. IRC R704. • Revised wood roof framing language to clarify where a ridge beam is required when ceiling joists or rafter ties do not provide continuous ties across the structure. IRC R802.3. • Additional specifications are provided to clarify and limit where ridge boards can be used. I RC R802.6. • The state modified local exhaust requirements in kitchens and differentiates between open and enclosed kitchens. Enclosed Kitchen added to definitions. WS IRC R202 & WS IRC ►�A UTIMIMANilw • The state modified local exhaust fan requirements to limit Bones at kitchen fans. WS IRC M 1505.4.4.2. • The state added a new section for local intermittent kitchen exhaust systems including field verification and diagnostic testing requirements. WS IRC M1505.4.4.3. • A new section added for oil -fired appliances to be equipped with a safety device which will stop burner operation in the event that the venting system is obstructed. IRC M1802.4. • The provisions for ground source heat pump loop piping systems in Section M2105 have been duplicated in Section M2101 to apply to all hydronic piping systems in this modified section. IRC M2101.11— M2101.31. • The exception allowing new exhausts to be run through existing unlined chimneys has been removed. IRC G2427.5.5.1. • The exception allowing commercial cooking appliances where the installation is designed by a licensed Professional Engineer has been removed. Commercial cooking appliances lack many safeguards that are found in residential appliances and are now fully prohibited by the IRC. IRC G2447.2. • Requirement added for radon testing in Appendix AF — Radon control methods. This appendix chapter is specifically adopted by the state. WS IRC AF104. • The state amends provisions in Appendix AT — Solar -ready provisions — detached one- and two-family dwellings. The provisions in this appendix are not mandatory unless specifically referenced in the jurisdiction's adopting ordinance. WS IRC Appendix AT. AB6250 I EXHIBIT 2 1 PAGE 5 Page 36 of 176 Back to Agenda • The state adds Appendix Y — Construction and demolition material management. The provisions in this appendix are not mandatory unless specifically referenced in the jurisdiction's adopting ordinance. WS IRC Appendix Y. • The state adds Appendix Z — Building deconstruction. The provisions in this appendix are not mandatory unless specifically referenced in the jurisdiction's adopting ordinance. WS IRC Appendix Z. 2021 International Mechanical Code (IMC) • Clothes dryer exhaust terminals are required to be at least 3 feet from any opening into a building. IMC 504.4.1. • Polyurethane spray -applied foam on the exterior of ducts in attics and crawl spaces required to meet specific smoke and flame index limits. IMC 604.3. • Fire and smoke dampers must be provided with approved access for inspection and maintenance. IMC 607.4. • Refrigerant tables updated to include new refrigerants. IMC Table 1103.1. • Addition of condensate termination identification markings and discharge restrictions. IMC 307.1.1, 307.2.3.3, 307.2.1.1. • Approved factory -built combination intake/exhaust terminations permitted, relaxing separation requirement. WS IMC 401.4(3); IMC 401.4. • 30% reduction in minimum mechanical ventilation for whole -house balanced ventilation systems. IMC 403.3.2.1. • Continuous operation requirement for manicure and pedicure station exhaust systems. IMC 502.20.1. • Grease duct horizontal cleanout required within 3 feet of a horizontal discharge fan. IMC 506.3.9. 2021 International Fuel Gas Code (IFGC) • The termination of concealed condensate piping requires marking to indicate if it is the primary drain or the secondary drain. IFGC 307.2. • Press -connect joints are acceptable for high pressure (over 5 psig) applications indoors. IFGC 202. 2021 Uniform Plumbing Code (UPC) • 120-degree Fahrenheit maximum shower discharge for single head showers — this previously applied only to gang showers. UPC 408.3.2 • New materials table added for cleanouts, UPC 707.2 • New testing standards for plastic pipes in plenums. Must now be tested for compliance with ASTM E84 or UL 723. UPC 903.1 • Circuit venting language cleaned up and clarified. UPC 911 • New secondary roof drain requirements. Requires doubling the rainfall rate for secondary roof drains unless roof is designed for ponding per ASCE 7-16. WA UPC 1101.12 AB6250 I EXHIBIT 2 1 PAGE 6 Page 37 of 176 Back to Agenda 2021 Washington State Energy Code - Commercial (WSEC-C) • Sections in Chapter 1 are reordered (and renumbered) for consistency with other I -Code formats. • Note, definition of Residential Building modified in WSEC-R, which changes scope of code. With revisions, Group R-2 buildings with dwelling units accessed from interior corridors (regardless of height) are now subject to commercial provisions of the energy code. WSEC R202.18-R & R401.1. • Definition of Conditioned Space revised to clarify it includes stair and elevator shafts. WSEC C202.3-C. • Allowance for insulation certificate to demonstrate R-value when insulating materials are installed without observable markings. WSEC C303.1.2. • Clarifications made to code applicability to process equipment. WSEC C401.2.2. • A permanent certificate requirement is added to commercial buildings that will record basic information related to the building thermal envelope. This is similar to the requirement for residential buildings. WSEC C401.3. • Clarification to the semi -heated exception to clarify the exception only relates to the allowed heat source and does not allow unlimited heat capacity. WSEC C402.1.1.2 Exc. • Reduction in allowed U-factor for greenhouse vertical fenestration on north walls to 0.60 (from 0.70). WSEC Table C402.1.1.3. • Increase in R-value required for metal building roofs. WSEC Table C402.1.3. • Both the wood frame wall and metal building wall R-values have been modified to require continuous insulation in addition to cavity insulation. WSEC Table C402.1.3. • Opaque doors moved to WSEC Table C402.1.4 (from C402.1.3). • Roof insulation requirements are clarified and separated for compliance with either the U- factor or R-value method in WSEC Sections C402.1.4.1 and C402.2.1. • New section requires heat loss though PTACs, PTHPs, and other through -wall mechanical equipment to be calculated as part of envelope U-factor compliance. WSEC C402.1.4.3. • The U-factor requirements in WSEC Table C402.1.4 are decreased to improve the efficiency of the building envelope. • New sections added to reduce heat loss through significant thermal bridges in the building envelope. WSEC C402.2.8 & C402.2.9 • Maximum fenestration U-values and SHGCs decreased to reduce envelope heat loss. WSEC Table C402.4. • Adjust the fenestration U-value requirements for increased allowable fenestration area. WSEC C402.4.1.1.2. • Language clarified to require skylights in all spaces under a roof meeting the requirements, not just single -story spaces. WSEC C402.4.2. • The allowable air leakage rate is reduced to 0.25 cfm/ft2 and buildings must now meet this requirement. Corrective measures and retesting are needed until air leakage rate is achieved. WSEC C402.5.2 & C405.2.3. • Increased R-value of ducts for combustion air to R-16 (from R-8) to align with outside air duct requirements. WSEC C402.5.5. AB6250 I EXHIBIT 2 1 PAGE 7 Page 38 of 176 Back to Agenda • Add exception to vestibule rule for doors connecting to outdoor dining areas. WSEC C402.5.9 Exc 11. • Large, operable openings such as roll -up doors and windows must now be interlocked with the heating and cooling system. WSEC C402.5.11. • Multiple revisions to TSPR section to provide clarifications based on interpretation request, expand use of TSPR to multifamily budlings, and add functionality to the approach by accounting for additional system parameters. WSEC C403.1.1. • New section to require heat pump space heating, rather than fossil fuel or electric space heating, for all buildings. Exceptions are provided to allow electric resistance heating for small loads and as supplementary heat for very cold weather. WSEC C403.1.4. • Additional exception to allow greater than 150% of minimum ventilation if a DOAS unit has a very efficient energy recovery device. WSEC C403.2.2.1 Exc 5. • Fault detection and diagnostics now required for HVAC systems in large buildings (100,000 SF or larger) to ensure ongoing operational efficiency of equipment. WSEC C403.2.3 (ICC CE111-19). • Decrease size threshold for variable speed drive requirement. WSEC C403.2.4 & C404.13. • Efficiency tables updated and revised for SEER2. WSEC Tables C403.3.2(1) through C403.3.2(16). • Increased efficiency requirements for DOAS systems. WSEC C403.3.5.1. • Specific sizing and control requirements for DOAS heating and cooling systems added. WSEC C403.3.5.5. • Requirements for demand responsive controls added for most use types. WSEC C403.4.1.7. • Areas requiring demand control ventilation expanded. WSEC C403.7.1.1. • Energy recovery required in Group R-2 occupancies. Energy recovery sensible recovery effectiveness requirements increased in other occupancies. WSEC C403.7.6. • Demand controlled kitchen ventilation required for kitchens with 2000 cfm exhaust or greater. WSEC C403.7.7.1.3. • Revised the fan power budget and allowances based on system type. WSEC C403.8. • Added requirements for dehumidification efficiency for indoor growing facilities. WSEC C403.13. • Service water heating must be heat pump water heater (HPWH) with some exceptions. Primary heat pump system sizing criteria added. WSEC C404.2.1. • Large pool waters heaters may not be electric resistance. WSEC C404.11.1. • Demand responsive control requirements added for certain water heaters. WSEC C404.14. • Luminaire level lighting controls required in large open offices. WSEC C405.2.8.1. • Light reduction (dimming) controls required in most spaces that are not provided with occupant sensor lighting controls. WSEC C405.2.4. • Daylight responsive lighting control trigger now based on lighting wattage regardless of luminaire quantity. WSEC C405.2.5. • Electric receptacles required at dwelling unit gas appliances. WSEC C405.7.1. • New UPS efficiency requirements for computer rooms in line with ENERGY STAR. WSEC C405.12. • Significant revisions to C406 Additional Efficiency Credit tables and requirements. Credit requirements and allowances for each option now based on occupancy and applicable AB6250 I EXHIBIT 2 1 PAGE 8 Page 39 of 176 Back to Agenda credit value weighted energy savings by occupancy type. Additional options added to WSEC Table C406.2. • New Load Management Measure Credits (Table C406.3) required for new buildings greater than 5,000 SF in area. WSEC C406.3. • Lower Commissioning exception thresholds. WSEC C408.1. • Renewable energy generation system required for new buildings greater than 10,000 SF in area. WSEC C411. • New section regulating compressed air systems (process loads). WSEC C412. • Reduced threshold for meeting current lighting power allowance from 50% to 20% or more of luminaires altered. • Change of space conditioning moved to C505 to clarify requirements. WSEC C505. 2021 Washington State Energy Code - Residential (WSEC-R) • Sections in Chapter 1 are reordered (and renumbered) for consistency with other I -Code formats. • Definition of Residential Building modified which changes scope of code. With revisions, Group R-2 buildings with dwelling units accessed from interior corridors (regardless of height) are now subject to commercial provisions of the energy code. WSEC R202.18-R & R401.1. • Allowance for insulation certificate to demonstrate R-value when insulating materials are installed without observable markings. WSEC R303.1.2. • Certificate requirements numbered for clarity and solar array information and code edition and compliance path requirements added. WSEC R401.3. • The assembly U-factor is established as the primary insulation metric, with R-value as an alternative. The tables were reordered to reflect this, with U-factor table first. WSEC Tables R402.1.2 and R402.1.3. • The ceiling U-factor has decreased to 0.024 (from 0.026). WSEC Table R402.1.2. • The ceiling R-value has increased to R-60 (from R-49). WSEC Table R402.1.3. • The wood frame wall R-value has been modified to require continuous insulation in addition to cavity insulation. Two options are 1) R-20 cavity plus R-5 continuous or 2) R-13 cavity plus R-10 continuous. WSEC Table R402.1.3. • Air leakage rate reduced to 0 4.0 air changes per hour (ACH) maximum (from 5.0 ACH) for IRC buildings. WSEC R402.4.1.3.1. 0 0.25 cfm per square foot of the dwelling unit enclosure area maximum for R-2 units. WSEC R402.4.1.3.2. • New requirement for outlet boxes to be air sealed. WSEC R402.4.6. • The three possible duct locations (outside conditioned space, in conditioned space and buried) are clarified and the insulation requirements for each are modified. WSEC R403.3. • Protection of piping insulation from "equipment maintenance" language clarified. WSEC R403.4.1. • Water heaters must be installed in conditioned space, except for highly efficiency water heaters. WSEC R403.5.5. AB6250 I EXHIBIT 2 1 PAGE 9 Page 40 of 176 Back to Agenda • Water heaters must be heat pump type, with some exceptions and requirements for supplemental water heating systems. WSEC R403.5.7. • New section requiring that the mechanical ventilation be tested and verified to meet the minimum flow rate requirements. WSEC R403.6.2. • This new section requires that space heating be provided by a heat pump —either gas or electric —as a method to reduce greenhouse gas emissions and save energy. There are exceptions provided for dwellings with small heating loads and allowances for supplementary heating. WSEC R403.13. • All lighting equipment shall contain only high -efficacy lighting sources )excluding kitchen appliance lighting fixtures). R404.1. • Exterior lighting must meet the power allowances in the commercial provisions. WSEC • Interior lighting must now be controlled by dimmers, occupant sensor controls, or built-in fixture controls. WSEC R404.2. • Exterior lighting over 30 watts must be provided with automatic controls to turn off during daylight hours. WSEC R404.3. • Fuel normalization table credits adjusted. WSEC Table R406.2. • Required number of additional energy efficiency credits reduced in most cases. Additions increased to require 2.0 credits (from 1.5) and exempts additions less than 150 square feet. 1Y5.1:14'MDIM] • WSEC Table R406.3 extensively revised. One half point is equivalent to a 600 kWh energy savings. Some options were eliminated due to the fact they are now a part of the base code requirements. • Small additions (less than 150 s.f.) are exempted from the requirement to obtain additional energy efficiency credits in Section R406. WSEC R502.1.1. • New requirement that when additions over 150 square feet adjoin existing attic spaces, the existing attic space needs to be insulated to current R402 requirements and insulation values. WSEC R502.3.1.1. • New exception added to state that replacement heating equipment is not required to comply with the heat pump requirement as long as it does not exceed the heating capacity of the equipment being replaced. WSEC R503.1.2 Exc 3. • An exception was added to state that replacement water heating equipment is not required to comply with the heat pump requirement as long as it does not exceed the heating capacity of the equipment being replaced. WSEC R503.1.3 Exc 2. • An exception was added to state that replacement water heating equipment is not required to be moved to within the conditioned space. WSEC R503.1.3 Exc 1. • The threshold for lighting to comply with Section R404.1 was decreased from 50% replacement to 10% replacement. WSEC R503.1.4 Exc. • Various standards were updated to more recent editions or were added to support new code requirements as noted in the section descriptions. WSEC Chapter 6. AB6250 I EXHIBIT 2 1 PAGE 10 Page 41 of 176 Back to Agenda 2021 International Existing Building Code (IEBC) • Application of fire code - Adds pointer to IFC Chapter 11. IEBC 101.2.1. • Flood hazard documentation is required for lowest floor level in flood hazard areas; refers to IBC or IRC for compliance. IEBC 109.3.10. • Adds "or other ordinance of the jurisdiction" to reasons why a code official is authorized to revoke a Certificate of occupancy. IEBC 110.4. • Provides Building Official the authority to allow water and sewer connections, which may ease the construction process, especially for currently occupied buildings. IEBC 111. • New section specifying that where an emergency exists, the code official is not required to give a written notice prior to stopping the work. IEBC 114.3. • Changes to reference structures instead of buildings. Section clarifies that vacant structures that are not secured are unsafe. IEBC 115.1. • Alteration, addition or change of occupancy - New language clarifies that the exception doesn't apply to alterations for accessibility required by Section 306. IEBC 301.3. • Requirement added to maintain accessible means of egress during construction. IEBC 305.2. • Section clarifying no alterations can be done that would decrease accessibility. IEBC 306.3.1. • Requirement stating that exterior elements must be at least 36 inches wide. IEBC 306.7.6. • Requirement to add smoke alarms for all group R and 1-1 for any classification of work. IEBC 307. • Requirement to add carbon monoxide detection in group 1, R, and E under some circumstances. IEBC 308. • When significant portions of a building's exterior wall coverings or exterior wall envelopes are added or replaced, they must comply with the requirements of Chapters 14 and 26 of the IBC. IEBC 309, 309.1. • Additions, Level 3 alterations, and changes of occupancy in educational occupancies are now required to meet the enhanced classroom acoustic requirements of Section 808 of ICC A117.1. IEBC 502.6; 503.16; 506.6. • Requirements in the IBC have been referenced to provide special allowances for educational occupancies with regard to door lock mechanisms. IEBC 503.17. • New provisions allow the use of existing and smaller replacement windows for emergency escape and rescue openings within a change of occupancy when applying both the prescriptive and work area methods, providing flexibility while still maintaining the level of safety for occupants and emergency responders. IEBC 506.4. • Locking requirements to keep intruders from entering rooms added for Group E, Group B educational, and Group 1-4 to comply with IBC. Alteration level 1. IEBC 704.3. • New section exempting requirements related to work area where level 2 alterations are limited to mech/elect/fire, windows, increasing accessibility. IEBC 801.3. • Changed from all I occupancies to just 1-1, 1-3, and 1-4. Section requires sprinklers where exits or corridors are shared by more than 1 tenant or where serving occupant load greater than 30. IEBC 803.2.2. • New section requiring sprinklers in Group 1-2 depending on size of work area. IEBC 803.2.3. AB6250 I EXHIBIT 2 1 PAGE 11 Page 42 of 176 Back to Agenda • Sprinkler requirement where occupant load is greater than 30 and exits/corridors are shared by more than 1 tenant. IEBC 803.2.5. • Section adding requirement for minimum clear width of ramps and corridors to be 48" where corridors are used for movement of care recipients in beds. IEBC 804.3. • Amendment adding limitation of 35 feet for dead end corridors in and 30 ft in 1-2 occupancies. Group 1-2 also added to Exceptions 2, 3, 4. IEBC 804.7. • Section revised significantly. Previously if occupant load increased by >20%, plumbing fixtures for the story were required to be provided in quantities specified in the IPC based on the increased occupant load. 2021 code requires only Group 1-2 facilities, ambulatory care facilities and outpatient clinics to meet installation and equipment requirements in NFPA 99 for any added portion of an existing medical gas system. IEBC 808.1. • New section requiring enhanced classroom acoustics for all Group E classrooms with a volume of 20,000 cf or less. IEBC 903.4. • New section requiring sprinklers for Level 3 work areas. IEBC 904.1.4. • New section requiring sprinklers for windowless stories where new construction would require it. IEBC 904.1.6. • Adds exception — new plumbing required only when occupant load increased by more than 20 percent. IEBC 1009.1. • Adds section to describe support needed for excavation retention systems. IEBC 1502.2. • Water supply for fire protection should be made available as soon as combustible building material arrives on site / exception gives fire code official authorization to reduce fire -flow requirements for various reasons. IEBC 1509.1. • Requires fire flow of 500 gallons per minute and within 500 feet of combustible building materials. IEBC 1509.2. • Sets minimum fire flow based on the building fire separation parameters for > 30 ft, 30-60 ft and < 30 ft. IEBC 1509.3. 2021 International Swimming Pool and Spa Code (ISPSC) • 4-foot-tall fencing now required for pool excavation sites during construction. ISPSC 305.11. • New requirements for pool access gate latching devices. ISPSC 305.4. • Means of egress complying with the IBC required for public pool enclosures. ISPSC 305.8. • Hot water tanks serving pools as well as pool heaters are now required to be listed and labelled. ISPSC 316.2. New section added providing requirements for pool equipment rooms. ISPSC 324. 2021 International Wildland Urban Interface Code (IWUIC) Special requirements for properties located within wildland-urban interface or intermix areas, as defined by WA DNR map. Contains provisions addressing fire spread, accessibility, defensible space, water supply and more for buildings constructed near wildland areas. Establishes regulations to safeguard life and property from the intrusion of wildland fire and to prevent structure fires from spreading to wildland fuels. AB6250 I EXHIBIT 2 1 PAGE 12 Page 43 of 176 Back to Agenda • Regulates defensible space and provides ignition -resistant construction requirements to protect against fire exposure and resist ignition by embers. • Provides standards for emergency access, water supply and fire protection. • Provides requirements for automatic fire suppression and safe storage practices. 2021 International Fire Code • CO Detectors required in Group 1-1, 1-2, 1-4, R- and E classrooms. IFC 915.2,1103.9 • Electrical Energy Storage System revised along with operational &d construction permits. IFC 1207 AB6250 I EXHIBIT 2 1 PAGE 13 Page 44 of 176 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 7B Subject Adoption of a Resolution Approving a Small Works Contract with Stripe Rite, Inc. for the 2023 City of Port Orchard Road Striping Project Back to Agenda Meeting Date: May 23, 2023 Prepared by: Tony Lang Atty Routing No: Atty Review Date: Public Works Director 366922-0009 May 17, 2023 Summary: The City of Port Orchard updates road striping in the city on an annual basis. By this Resolution, the City Council would authorize the Mayor to execute a contract with Stripe Rite, Inc for the 2023 City of Port Orchard Road Striping Project (the "Project"). On April 14, 2023, consistent with RCW 39.04.115 and the City's Procurement Policies (adopted by Resolution No. 036-22, as amended), Public Works staff established a list of qualified contractors to perform the Project from the 2023 MRSC Small Works Roster for the Main Category — Roadway Construction, Repair & Maintenance, and Sub -Category — Asphalt Pavement Grinding, Planing and Pulverization, Pavement Markings. A copy of that list of qualified contractors is attached to the Resolution as Exhibit A. On April 14, 2023, and pursuant to Resolution No. 036-22 (see Section 5 — Bid Procedures), the City's Public Works Department emailed an Invitation to Bid for the Project to five (5) qualified contractors on the list. One (1) bid was received by the April 28, 2023, 2:00 pm deadline at which time staff determined Stripe Rite, Inc as the presumed responsive and the qualified low bidder. The final bid amounts were as follows: Name of Contractor Bid Total Stripe Rite, Inc $67,593.48 On May 1, 2023, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and determined that Stripe Rite, Inc's bid of $67,593.48 (applicable tax included) was the lowest, responsive, and responsible qualified bid. The Public Works Department has confirmed that the bidding procedures for Public Works have been followed. Recommendation: Staff recommends that the City Council adopt a Resolution, authorizing the Mayor to execute a contract with Stripe Rite, Inc for the 2023 City of Port Orchard Road Striping Project in the amount of $67,593.48. Relationship to Comprehensive Plan: Chapter 8- Transportation Motion for Consideration: I move to adopt a Resolution, authorizing the Mayor to execute a contract with Stripe Rite, Inc for the 2023 City of Port Orchard Road Striping Project in the amount of $67,593.48. Fiscal Impact: Road Striping is budgeted in the 2023-2024 Biennial Budget (002.05.542.64.40) Page 45 of 176 Back to Agenda Alternatives: Do not approve and provide alternative guidance. Attachments: Resolution Ex. A — MRSC Roster Small Works Contract Business Item 7B Page 2 of 2 Page 46 of 176 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A SMALL WORKS CONTRACT WITH STRIPE RITE, INC FOR THE 2023 CITY OF PORT ORCHARD ROAD STRIPING PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS PROCUREMENT PROCEDURES. WHEREAS, the City updates road striping throughout the City on an annual basis and identified the need for the 2023 City of Port Orchard Road Striping project (the "Project"); and WHEREAS, the City is a member of the Municipal Research and Services Center of Washington (MRSC) Small Public Works Roster program, and MRSC solicited on behalf of participating local government agencies, including the City, within Washington State (including the City of Port Orchard) for the 2023 MRSC Small Public Works Roster; and WHEREAS, on April 14, 2023, pursuant to RCW 39.04.155 and the City's Procurement Policies, adopted as Resolution No. 036-22, the City's Public Works Department established a roster of qualified contractors from the 2023 MRSC Small Works Roster, for the Main Category — Roadway Construction, Repair & Maintenance, and Sub -Category — Asphalt Pavement Grinding, Planing and Pulverization, Pavement Markings, a copy of which is attached hereto as Exhibit A and incorporated herein by this reference; and WHEREAS, on April 14, 2023, the City's Public Works Department issued an Invitation to Bid for the Project to five (5) qualified contractors on the selected roster; and WHEREAS, on April 28, 2023, the City's Public Works Department received one (1) bid by the 2:00 pm deadline, and staff reviewed the bid and confirmed that Stripe Rite, Inc. submitted the apparent lowest, qualified bid for the Project; and WHEREAS, on May 1, 2023, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed Stripe Rite, Inc as the lowest, responsive, and responsible qualified bidder; 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, 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. Page 47 of 176 Back to Agenda Resolution No. Page 2 of 2 THAT: The City Council authorizes the Mayor to execute a contract with Stripe Rite, Inc for the 2023 City of Port Orchard Road Striping Project. 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 23rd day of May 2023. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 48 of 176 Back to Agenda Public Agency Name: City of Port Orchard Roster Type: Small Works Roster Date: 04/14/2023 Time: 09:38 am Main -Category: Roadway Construction, Repair, and Maintenance Sub -Category: Asphalt Pavement Grinding, Planing and Pulverization, Pavement Markings Small Works Roster Businesses: A&W Paving, Inc A.C.E. Improvements A.C. Moate Industries, Inc A 1 asphalt paving Inc AA Asphalting LLC AAA Sweeping LLC AC Concrete LLC Active Construction Inc. Agate Asphalt Altus Traffic Management LLC dba Statewide Safety Systems American Electrical Construction Ilc Arrow Concrete & Asphalt Specialties, LLC Asphalt Patch Systems Inc Barcott Construction LLC Bear Creek Asphalt Paving LLC Benjamin Asphalt, Inc. Black Hills Excavating Inc. C. Denney Construction CCT Construction, Inc Central Paving LLC Champion Specialty Services Clarity Construction Inc. Clark And Sons Excavating INC Coatings Northwest LLC Core Tap Construction LLC CR Contracting D & G Backhoe, Inc. DallumBuildCompany LLC dba Parker Pacific Excavation EVERSON ASPHALT PAVING INC Exo Contracting Extreme Excavation FORMA Construction Company FPH Construction, Inc. GeoTest Services, Inc. Glacier Works, LLC Global Contractors LLC Granite Construction Company Hanson Excavation Hanson Tree Service LLC HCP Development Hi Grade Asphalt & Seal Coat Inc Huber General Contractors Inc HUIZENGA ENTERPRISES LLC Inland Company Interwest Construction Inc. Iron Creek Construction LLC J. Linder Painting, LLC J A Morris Construction Judha of Lion Landscaping and Services Julies Construction Inc. Kalilikane Consulting & Services, LLC Key Peninsula Construction, LLC Kissler Enterprises Environmental Products, Inc. Lakeridge Paving Co., LLC Lakeside Industries, Inc - Port Angeles & Port Ludlow Page 49 of 176 Back to Agenda Lakeside Industries Inc. - Kent Langsholt Contracting Inc Lees Demolition Ilc Legionary Handyman, LLC Liberty Asphalt Maintenance & Markings LLC Matt Rychel Merriman Contracting LLC MidMountain Contractors Inc Molecular Inc Mt. View Locating Services, LLC Nisqually Construction Services, LLC Nordland Construction Nw Nordvind Company North Fork Excavating Inc. Northwest Traffic, Inc. N P M Construction Co. NW Construction General Contracting, Inc. Nys Enterprises Olson Brothers Excavating Pacific Surveying and Engineering Services Pacific Tech Construction Paintmaster Services Inc. Pape & Sons Construction, Inc. Pavement Surface Control Pony Up Parking Lots, Inc Precision Striping PrimeCore Contracting LLC Propel Construction Company PR Systems LLC Puget Paving & Construction, Inc. Purcell P & C, LLC Quality Painting NW LLC RailWorks Track Systems Rain City Striping LLC Rainier Asphalt and Concrete Rains Contracting Inc Redtail Reece Construction Company Rhizorspainting Ilc Road Products, LLC ROGNLINS INC. SEALTECH ASPHALT, INC. Signature General Construction Inc. Simple Solutions Sound Excavation, Inc. Sound Pacific Construction, LLC Specialized Pavement Marking, LLC Stanley Patrick Striping Stateline LLC STATEWIDE PARKING LOT SERVICE INC Stripe -A -Lot Stripe Rite Inc Stumpy Tree Service Superior Asphalt Maintenance Inc. Swofford Excavating Talakai Construction, LLC Tastad Construction Inc. Taylor pro LLC The Westsound Company TKK,LLC Tony Lind Paving Transblue TRICO Companies, LLC Trinity Contractors Inc. Page 50 of 176 Back to Agenda T Stone Construction LLC Tunista Construction, LLC. UTILIGI Valley Asphalt LLC Welwest Construction Inc. Western United Civil Group LLC Westwood Company LLC Winters Family Construction Wolfs kiIIconstruction, llc Page 51 of 176 Back to Agenda CITY OF PORT ORCHARD SMALL WORKS OVER 3SK CONSTRUCTION CONTRACT NO. PUBLIC WORKS PROJECT NO. PW2023-008 THIS Agreement is made effective as of the 23rd day of May 2023, by and between CITY OF PORT ORCHARD, WASHINGTON, ("CITY"), a Washington municipal corporation located at: 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone:360.876.4407 Fax: 360.895.9029 and Stripe Rite, Inc ("CONTRACTOR"), a Washington corporation located at: 1813 137th Ave E Sumner, WA 98390 Contact: Steven Bateman Phone: 253-863-2987 Email: justin@striperite.com for the following Project: 2023 City of Port Orchard Road Striping ("PROJECT") In consideration of the mutual benefits to both parties, both Parties agree to the following: AGREEMENT: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. 2018 International Building Code (IBC) and 2018 Energy Code Compliance; e. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; f. Public Works Terms and Conditions; City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Rev. IBDR 4-2022 Page 1 Page 52 of 176 Back to Agenda g. Insurance and Bonding Requirements; h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-g; i. 2019 Public Works Engineering Standards; j. Appendix A: Non -Discrimination Statutes and Authorities. k. The bid proposal submitted by the contractor, except when inconsistent with Contract documents a-j All of the above listed Contract Documents are each made exhibits to this Agreement and are incorporated into the Agreement as if set forth in full. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be August 14, 2023. The Contractor shall substantially complete the Work not later than September 13, 2023, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. Contractor represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. 4. Subject to additions and deductions by change order, the construction maximum payment is the base bid amount of $67,593.48 (including applicable sales tax) (hereinafter "Contract Sum"). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. S. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. The Contractor warrants that it is licensed and authorized to do business under the laws of the State of Washington and has not been suspended or debarred in the past three (3) years. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Rev. IBDR 4-2022 Page 2 Page 53 of 176 Back to Agenda 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by Contractor, Contractor's employees, sub -contractors. 7. The Contractor does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. Such agreement shall be binding upon Contractor's heirs, executors, administrators, successors, and assigns. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. 9. 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. 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 Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: a) 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 Agreement. b) Nondiscrimination: The Contractor, 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 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, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. c) 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 Agreement and City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. IBDR 4-2022 Small Works Contract No. Page 3 Page 54 of 176 Back to Agenda the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. d) 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. e) Sanctions for Noncompliance: In the event of the Contractor'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 Contractor under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. f) Incorporation of Provisions: The Contractor will include the provisions of paragraphs 9.a through 9.f 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. 10. 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. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Rev. IBDR 4-2022 Page 4 Page 55 of 176 Back to Agenda 11. Warranty. Upon acceptance of the contract work, Contractor must provide the City a one- 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 one (1) year 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. 12. 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. 13. 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. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. IBDR 4-2022 Small Works Contract No. Page rJ Page 56 of 176 Back to Agenda 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 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. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Rev. IBDR 4-2022 Page 6 Page 57 of 176 Back to Agenda IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD Robert Putaan5uu, Mayor AT EST/AUTHENTICATE: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney CONTRACTOR f gy: Steven Bateman ItS: President City of Port Orchard ondStdpe Me, Inc Pubhl Works Project No. PW2023-008 Rev. ISOR 4-2022 Small Works Contract No. Page 7 Page 58 of 176 Back to Agenda CERTIFICATE AS TO CORPORATE PRINCIPAL 1, (Corporate Officer (Not Contract Signer)) certify that I am the (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that (Contract Signer) who signed said Agreement on behalf of the Contractor, was then (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer signature (not contract signer) Printed Title State of ) ss County of ) (corporate officer (not contract signer)) being duly sworn, deposes and says that they are (Corporate Title) of (Name of Corporation) Subscribed and sworn to before me this day of .20 Notary Public (Signature) Notary Public (Print) My commission expires City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. 1BDR 4-2022 Small Works Contract No. Page Page 59 of 176 Back to Agenda CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities, and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City' means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classifications) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works contract No. Rev. IBDR 4-2022 Page 9 Page 60 of 176 Back to Agenda 5. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall submit -- on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of Labor and Industries (See link below.) Following the final acceptance of the project, the Contractor must submit -- on behalf of itself and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to http://www.ini.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp for Washington State Prevailing Wage rates. 6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 8. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 9. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. 11. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 12. CONTRACT: The Contract Documents ("Contract"), when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Rev. IBDR 4-2022 Page 10 Page 61 of 176 Back to Agenda invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 13. 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 13 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. 14. 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 S 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. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Rev. IBDR 4-2022 Page 11 Page 62 of 176 Back to Agenda 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). 15. 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. 16. 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. 17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state, or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability, or damage, including reasonable attorneys fees, by reason of successful bidder's violation of this paragraph. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Rev. IBDR 4-2022 Page 12 Page 63 of 176 Back to Agenda 18. 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. 19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non -appropriation of funds. a) 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. b) 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. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. IBDR 4-2022 Small Works Contract No. Page 13 Page 64 of 176 Back to Agenda c) 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. 20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 21. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 22. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Rev. IBDR 4-2022 Page 14 Page 65 of 176 Back to Agenda Attachment CITY Of PORT ORCHARD INSURANCE REQUIREMENTS Insurance Term, The Contractor shall procure and maintain for the duration of the Contract with the City, insurance as described herein, without interruption from commencement of the Contractor's work through the term of the contract and for thirty (30) days after the physical completion date, unless otherwise indicated herein. Such insurance shall be 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, their agents, representatives, employees and subcontractors and shall meet the requirements herein. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein 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. Minimum Scone of Insurance. The Contractor shall obtain insurance of the types described below: TT + 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. • Commercial General Liability insurance shall be written on 150 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 150 form CG 25 03 1185 or an equivalent endorsement. 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 by endorsement as an additional insured under the Contractor's Commercial General Liability insurance policy with respect t tithe work performed for the City using ISO Additional Insured endorsement 4/41 0 10 1 anal �Alditional Insured -Completed Operations endorsement CG 20 37 ,'f--. substitute endorsements providing equivalent coverage./` • Workers' Compensation coverage as required bythe Industrial Insurance laws of the State of Washington. City of Port Orchord and Stripe Rite, Inc Public Works Proferr No. PUV202_R-008 Small Works Cantmd No. Rev iBDR n.2022 Page 15 Page 66 of 176 Back to Agenda • Employers' Liability coverage to include bodily injury, and bodily injury by disease. Employers Liability coverage may be included in the Contractor's General Liability Coverage or as a stand-alone policy. • Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings, and debris removal. The 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 of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. • Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit $1,000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • 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. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. • Workers' Compensation insurance as required by the State of Washington. • Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. IBDR 4-2022 Small Works Contract No. Page 16 Page 67 of 176 Backto Agenda contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. 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: • 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. • If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period shall be provided to the City. 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. Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub -subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor'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. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL Verification of Coverage. The Contractor 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 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 City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. IBDR 4-2022 Small Works Contract No. Page 17 Page 68 of 176 Back to Agenda includes all applicable conditions, exclusions, definitions, terms, and endorsements related to this project. 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. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 1010 01 for ongoing operations and CG 20 3710 01 for completed operations. Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been provided to the City. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Rev. IBDR 4-2022 Page 18 Page 69 of 176 Back to Agenda CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR AODtTIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150,000 OR LESS —RCW 19.08.010) Note I: This form must be submitted at the time the Contractor executes the Contract, The Contractor shall designate the option desired by checking the appropriate space. Note 2: Regardless of choice gorier Section 2 of this form, the Contractor will be required to provide a warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage. I. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. In addition, the Contractor elects to (select one): ` (1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. (2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later, RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until t Contractor fulfills the said obligations. _- ', Contractor Signature, Dote May 9, 2023 City of Part Orchard and 5trlpe frlre, lrlc Public Works Project No. PW2023-WH Small Works contra No. Bond No. Rev. IBDR 4-2022 Page 19 Page 70 of 176 Back to Agenda PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD 2023 CITY OF PORT ORCHARD ROAD STRIPING PUBLIC WORKS PROJECT NO. PW2023-008 Bond to City of Port Orchard, Washington Bond No. 100024801 We, Stripe Rite, Inc. and Merchants Bonding Company (Mutual) (Principal) (Surety) an Iowa 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 Sixty -Seven Thousand Five Hundred Ninety -Three and 48/100----------------------------- Dollars ($67,593.48 ), 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_ Mav 23 , 2023 , between Principal and Owner for a project entitled 2023 City of Port Orchard Road Striping Project No. PW2023-008 ("Project"). The initial penal sum shall equal 100 percent of the Total Bid Price, including 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, its heirs, executors, administrators, successors, or assigns: • 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 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 City o/ Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract Alo. Rev. iBDR 4-2022 Page 20 Page 71 of 176 Back to Agenda 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, Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. 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 23rd day of May , 2023 Stripe Rite, Inc. Principal Signature of Authorized Official B Nt r Printed Name and Title Name and address of local office of Agent and/or Surety Company: Merchants Bonding Company (MutuaV) Surety .___..._..� 519�a re of Authorized Official By Julie R. Truitt, Attorney in Fact Attach Power of Attorney) Propel Insurance 1201 Pacific Avenue, Suite 100d Tacoma. WA 98402 Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-42.7 of the Standard Specifications. Cry of Port Orchard and 5rripe Rke, me Public Work-1 Project No. PW2023-008 Smofl Works Contract No Rev. iBQR A-20Z? Page 72 of 176 Page 21 Back to Agenda MERCHA.TS�__�� BONDING COMPANY,, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations of the State of Iowa, dlb/a Merchants National indemnity Company (in California only) (herein collectively called the "Companies') do hereby make, constitute and appoint, Individually, Aliceon A Kellner; Alyssa J Lopez; Amelia G Burrill; Annelies M 12ichie; Brandon K Bush; Brent E Heilesen; Carley Espiritu; Christopher Kinyon; Cynthia L Jay, Eric A Zimmerman: Holli Albers; James B Binder; Jamie L Marques; Julie R Truitt; Justin Dean Price: Katharine J Snider; Lindsey Elaine Jorgensen; Lois F Weathers their true and lawful Attorney(s)-in-Fact, to sign its name as surety(es) and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. This Power-of•Altorney is granted and is signed and sealed by facsimile under and by authority of the following By -Laws adopted by the Board of Directors of Merchants Bonding Company (Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of Merchants National Bonding, Inc_, on October 16. 2016, "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -In- Fact, and to authorize them to oxecute on behalf of the Company. and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of Indemnity and other writings obligatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmisslon to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same farce and effect as though manually flxed_" In connection with obligations in favor of the Florida Department of Transportation only, it is agreed that the power and out horlty hereby given to the Attorney -in -Fact includes any and at( consents for the release of retained percentages andlor final estimates on engineering and construction contracts required by the Stale of Florida Department of Transportation. It is fully understood that consenting to the State of Florida Department of Transportation making payment of the final estimate to the Contractor andlor its assignee, shall not relieve this surety company of any of its obligations under its bond. In connection with obligations in favor of the Kentucky Department of Highways only, it is agreed that the power and authority hereby given to the Atlorney-,in Fact cannot be modified or revoked unless prior written personal notice of such intent has been given to the Commissioner - Department of Highways of the Commonwealth of Kentucky at least thirty {30) days prior to the modification or revocation. In Witness Whereof, the Companies have caused this Instrument to be signed and sealed this lath day of December 2022 •� r r • • (i C • • MERCHANTS BONDING COMPANY (MUTUAL) p.001Vq •.,+ �HG C0 •. MERCHANTS NATIONAL BONDING, INC. j� t POR, O : .` �$�aQ ' •• dfbla MERCHANTS NATIONAL INDEMNITY COMPANY 2td03 : �' y 1933 By �y V , + "' •`��+ President STATE OFIOWA •�•++++•+++'`•� •••��•+•• COUNTY OF DALLAS ss. On this 8th day of December 2022 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he Is President of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING. INC.; and that the seats affixed to the foregoing instrument are the Corporate Seats of the Companies; and that the said instrument was signed and sealed In behalf of the Companies by authority of their respective Boards of Directors. T - Kim Lee l myriiseian Nwrib" 102737 !►fir Comm€s;.itx< c'kpt� � i�� Api 14, 20t t (Expiration of notary's commission does not Invalidate this instrument) Notary Public 1, William Warner, Jr., Secretary of MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.. do hereby certify that the above and foregoing Is a true and comsat copy of the POWER -OF -ATTORNEY executed by said Companies, which €$ still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 23rd day of May 2023 , OG Co NONA A a4 _per '��+ •F-.: -0- �� • =x dT; 18�8 Secretary 2003 �•' .,,'r1.• aye,,. •-•'L� • PQA 0018 (10/22) +'•,•••�•� Back to Agenda ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF Washington )ss. COUNTY OF Pierce 7 On this 9th day of May X 23 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Steven Bateman to me known to be the (check one of the following boxes): President _ of corporation, [] of partnership, 0 individual, Stripe Rite Inc. the the that executed the foregoing instrument to be the free and voluntary act and deed of said corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first1 above written. Dated: .510q /-), J. itn" tJ81.3 r 5 � t 0 'elf z�r l'VA til�Si't111\�;�, Notary Saar V41h tnk Stamp City of Port Orchard and Stripe Rite, inc Public Works Project No, PW2023-008 Small Works Contract No.. Ka�1 A-wo.wo 0 0 l% Covr4- Print or type name NOTARY PUBLIC, in and for the State of Washin ton Residing at: 1 .L,,-('� My Commission expires: 44� L-�q Rev.18DR 4-2022 Page 22 Page 74 of 176 Back to Agenda SURETY ACKNOWLEDGEMENT STATE OF Washington ) jss. COUNTY OF Pierce On this 9th day of_ May , 20 23- _, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Steven Bateman , to me known to be the President of Stripe Rite Inc. _ , 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 they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary 5utl with Ink Stamp City of Port Orchard and3tOpe Rite, Inc P09C WOAS ProfeCt No. PW2023.00H Small WarkS Contract No. Dated: f �oq 11 Print or type Aame NOTARY PUBLIC, L in and for the State of Washin tan Residing at. - My Commission expires! _ (o L f Rev, 18aR 42022 Page 23 Page 75 of 176 Back to Agenda CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND (Note: Before the Performance Bond (or the 10 percent Retainage if selected by Contractor) can be released, the City must receive the one (1) year Maintenance/Warranty Bond) RE PROJECT#, PERMIT#, 2023-008 CONTRACT # SURETY BOND #: DATE POSTED: EXPIRATION DATE: Project Name: 2023 City of Port Orchard Road Striping 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% 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 twelve (12) 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 twelve (12) 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) City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. IBDR 4-2022 Small Works Contract No. Page 76 of 176 Page 24 Back to Agenda 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, in the case of landscaping, shall survive,) for a period of twelve (12) 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 twelve (12) 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 shall leave the same in as good condition 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 twelve (12) 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 1)(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 City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. IBDR 4-2022 Small Works Contract No. Page 77 of 176 Page 25 Back to Agenda recourse to legal action, to take such action under this bond as described in Section D above. 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) (Signature must be notarized) By: By Its Its Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD M Its Public Works Director/ City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Date: Page 78 of 176 Rev. IBDR 4-2022 Page 26 Back to Agenda CHECK FOR ATTACHED NOTARY SIGNATURE Developer/Owner (Form P-1) Surety Company (Form P-2) City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. IBDR 4-2022 Small Works Contract No. Page 79 of 176 Page 27 Back to Agenda FORM P-1 / NOTARY BLOCK (Developer/Owner) STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that appeared before me, and said person acknowledged as the is the person who of that (they) signed this instrument, on oath stated that (they) are authorized to execute the instrument and acknowledged it to be (their) free and voluntary act for the uses and purposes mentioned in the instrument. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Small Works Contract No. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 80 of 176 Rev. IBDR 4-2022 Page 28 Back to Agenda FORM P-2 / NOTARY BLOCK (Surety Company) 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 (they) signed this instrument, on oath stated that (they) are authorized to execute the instrument and acknowledged it to be (their) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. IBDR 4-2022 Small Works Contract No. Page 81 of 176 Page 29 Back to Agenda /_1JJ401I97►:r_1 During the performance of this Agreement, 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 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 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 Stripe Rite, Inc Public Works Project No. PW2023-008 Rev. IBDR 4-2022 Small Works Contract No. Page 82 of 176 Page 30 Back to Agenda SCHEDULE OF CONTRACT PRICES 2023 CITY OF PORT ORCHARD ROAD STRIPING NOTE: If a discrepancy between the numerical Total price and the written (words) Total price is found, the written (words) Total price shall control. Item Description of Work / Unit Price in Estimated Unit Unit Bid Total Amount # Words quantity Price Base Bid 1 SPCC Plan LS $1,800.00 $ 1,800.00 7_1 1 $ One thousand, eight hundred Total Price in Words) 2 Temporary traffic Control LS $ 5,400.00 $ 5,400.00 1 1 1 $ Five thousand, four hundred (Total Price in Words) 3 4" Skip Stripe- White LF $ 0.17 $ 1,739.29 24847 $ One thousand, seven hudred, thirty-nine & twenty -nine cents (Total Price in Words) 4 Edge -White LF $ 0.11 $ 20,300.17 TVToad 1 184547 $ Twenty thousnad, three hundred, & seventeen cents (Total Price in Words) 5 8" Road Edge- White 32038 LF $ 0.15 $ 4,805.70 $ Four thousand, eight hundred, five & seventy cents (Total Price in Words) 6 8" Turn Pocket- White LF $ 0.15 $ 1,686.00 11240 $ One thousand, six hundred, eight -six (Total Price in Words) 7 4" Skip Stripe- Yellow LF $ 0.07 $ 1,181.88 16884 $ One thousand, one hundred, eighty-one & eighty- eight cents (Total Price in Words) 8 4" Double Solid- Yellow 126082 LF $ 0.16 $ 20,173.12 $ twenty thousand, one hundred, seventy-three & twelve cents (Total Price in Words) 9 4" Skip/Single Solid- Yellow LF $ 0.14 $ 5,507.32 39338 1 $ Five thousand, five hundred, seven & thirty-two cents (Total Price in Words) Page 6 Page 83 of 176 Page 31 Back to Agenda 10 I Minor Change I 5000 I LS 1 ( 5,000.00 $ Five thousand (Total Price in Words) SALES TAX In accordance with Section 1-07.2(1) and DOR Rule 171, State Sales Tax: 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. Page 7 Page 84 of 176 Page 32 Back to Agenda ACKNOWLEDGEMENTS CITY OF PORT ORCHARD 2023 CITY OF PORT ORCHARD ROAD STRIPING PUBLIC WORKS PROJECT NO. PW2023 008 The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14) calendar days after Noticeto 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: Addendum No. Date of Receipt 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 are irregularity in the Bid Proposal and Owner reserves the right to determine whether the bid will be disqualified. By signing below, Bidder certifies that he/she 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 for this 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: _ Printed blame and Title: Location or Place Executed {City, State}: Steven Bateman, President Sumner, WA Business Address: Business Telephone; 1813 137th Ave E Sumner, WA 98390 253-863-2987 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). Any signature must be notarized below. Page 8 Page 85 of 176 Page 33 Back to Agenda STATE OF • }Ss. COUNTY OF �� } I certify that I know or have satisfactory evidence that �kAjC4% �i.n signed this proposal, on ostated that he/she was authorized ❑ execute e proposal and acknowledged it as the stated that of 2t.or_ �� .7 W (C , ' (name of party on behalf of whom proposal was executed) and acknowledged it o be his/her free and voluntary act for the uses and purposes mentioned in this proposal. Dated this day of , 20-,)3. f " ,tip i�1 l . ; . Not rPublic WKoAry 0 6Y t'c r+ TR.t� 'rr G r Printed Name w My Commission Expires: s Page 8 Page 86 of 176 Page 34 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.: Business Item 7C Subject: Adoption of a Resolution Approving a Contract and Easements with Puget Sound Energy for the Electric Vehicle Charging Stations Project Meeting Date: May 23, 2023 Prepared by: Tony Lang Public Works Director Atty Routing No.: 366922-0009 Atty Review Date: May 17, 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. The Project triggers the need for the installation of a Puget Sound Energy (PSE) primary line extension, transformer, and commercial service onto City property to meet the power requirements of the new charging stations. PSE has provided the City with a Commercial Electric Facilities Contract for PSE's required design and associated costs for the electrical improvements in the amount of $63,045.02. The proposed expense is within 2023-2024 Biennial Budget authority. PSE has also requested a nonexclusive easement that contains both a Power Easement (Easement No. 1), and a Vault Easement (Easement No. 2). Staff have confirmed that both easements are necessary for continued maintenance and continuity of service for the Project. The Project is a public work, subject to the bidding requirements set out at RCW 35.23.352. In order to access power for the Project, the City is required to utilize the services of PSE as the sole available power provider in the area. The City has included the costs associated with this portion of the Project in the total Project cost. Recommendation: Staff recommends approving a Resolution authorizing the Mayor to execute a Power Easement, Vault Easement, and a Contract in the amount of $63,045.02, with Puget Sound Energy, to install and maintain electrical infrastructure for the Electric Vehicle Charging Station Project Relationship to Comprehensive Plan: Chapter 9- Capital Facilities Motion for consideration: I move to approve a Resolution, authorizing the Mayor to execute an easement and contract, with Puget Sound Energy, to install and maintain electrical infrastructure for the Electric Vehicle Charging Station Project in the amount of $63,045.02 and in a form that is acceptable to the City Attorney. 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. Page 87 of 176 Back to Agenda Attachments: Resolution Business Item 7C Page 2 of 2 Commercial Electric Facilities Contract Easement Agreement Page 88 of 176 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A COMMERCIAL ELECTRIC FACILITIES CONTRACT AND NONEXLUSIVE PERPETUAL EASEMENT WITH PUGET SOUND ENERGY FOR THE ELECTRIC VEHICLE CHARGING STATIONS PROJECT. WHEREAS, 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; and WHEREAS, the growing EV fleet requires charging stations to ensure the vehicles are continuously charged and ready for service; and WHEREAS, staff identified the need for the EV Charging Station project (the "Project"), to be designed and constructed by Public Works Staff and located at the Public Works Shop facility; and WHEREAS, the Project requires the installation of a Puget Sound Energy (PSE) primary line extension, transformer, and commercial service onto City property to meet the power requirements of the new charging stations; and WHEREAS, PSE has provided the City with a Commercial Electric Facilities Contract that includes an approved design and the associated costs for the required electrical improvements; and WHEREAS, funding for this project was authorized during the 2023-2024 Biennial Budget process; and WHEREAS, PSE has also requested a nonexclusive Power Easement (Easement No. 1), and a Vault Easement (Easement No. 2) from the City of Port Orchard, necessary for continued maintenance and continuity of service for the Project; and WHEREAS, the grant of easements over and across City -owned property is necessary for the Project, and requires authorization by the City Council; and WHEREAS, the City Council finds that the execution of a contract and the grant of the requested easements are in the best interests of the City and the residents of Port Orchard; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Page 89 of 176 Back to Agenda Resolution No. _ Page 2of2 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 contract with Puget Sound Energy for the installation of a primary line extension, transformer, and commercial service for the Electric Vehicle Charging Stations Project. THAT: The City Council grants and authorizes the Mayor to execute the nonexclusive perpetual Power Easement (Easement No. 1), and a Vault Easement (Easement No. 2) with Puget Sound Energy, necessary for the Electric Vehicle Charging Stations Project. A copy of the easement is attached hereto as Exhibit A and incorporated herein by this reference. 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 23,d day of May 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 90 of 176 DocuSign Envelope ID: 08FD5628-C425-4014-8F4C-CA051AE0930E ruur ( COMMERCIAL ELECTRIC FACILITIES CONTRACT ' SOUND ENERGY Back to Agenda VJ/VJ/LVLJ Contract is subject to revision after 90 days CUSTOMER (OWNER) NAME CITY OF PORT ORCHARD CO-OWNER NAME (IF APPLICABLE) SERVICE ADDRESS 1535 VIVIAN CT # EV CHRGERS CITY PORT ORCHARD STATE ZIP 98367 WA BILLING ADDRESS 216 PROSPECT ST CITY PORT ORCHARD STATE WA ZIP 98366 PHONE 360-876-7019 EMAIL psaltsgaver@portorchardwa.gov PSE WORKORDER NO. 105102908 Summary of Charges: Construction Costs: Transformation Charges: Less Applicable Margin Allowance Sub -Total (Potential Refundable Costs) Permitting Fees*: Relocation/Removal of Existing Facilities: Other Non -Refundable Construction Charges: Sub -Total (Non -Refundable Costs): Brief Description of Work: OH-UG PRIMARY LINE EXTENTION, INSTALL UG TRANSFORMER AND COMMERCIAL SERVICE. $ 23,729.04 $ 13,306.16 $ 0 $ 37,035.20 $ 0 $ 0 Brief Description of Other Costs: $ 26,009.82 FLAGGERS $ 26,009.82 Total Amount to be Billed Under This Contract: $ 63,045.02 Customer Initials *If the above Permitting Fees are associated with service work only, those costs will be billed with the applicable service charges below after the service is energized. SECONDARY SERVICE CHARGES (PERMANENT AND TEMPORARY) ARE NOT INCLUDED IN THE SUMMARY OF CHARGES ABOVE Any applicable Secondary Service Type charges listed below will be billed after your service line installation, based on the actual work performed. Base Costs, in the table below, include Schedule 87 tax and are current costs effective 3/1/2023. These charges also do not include permitting fees, trenching and other excavation related work that is your responsibility. The Secondary Service Type charges from the list below that apply to your project will be invoiced on a second bill. Seconda Service Type 480 Voltage or Below Cost w/Schedule 87 tax effect Single wire run to handhole or transformer $637.12 Each additional run of wire per circuits $147.07 Each additional trip beyond 1st trip due to customer requirements $436.79 per trip Hourly rate for additional engineering $190.20 Underground Temporary Service Charge $203.00 Overhead Temporary Service Charge $295.00 Overhead Permanent Service Charge $982.74 Customer Initials: By signing this contract you are authorizing PSE to continue with all the needed elements to complete your project. Upon receipt of a signed contract, PSE will bill you for the amount indicated on the "Total Amount to Be Billed Under This Contract' line. The bill will sent to the billing address listed on this contract. PSE requires payment of these line extension charges prior to scheduling construction. Payments can be made via pse.com (fees may apply), by mail, or at a PSE Pay Station. Delaying payment may result in a construction delay for your project. Customer requested changes in the scope of the project may result in additional charges, and/or delays to your project. Page 91 of 176 Signature: Name: TONY LANG Title: Date: DocuSign Envelope ID: 08FD5628-C425-4014-8F4C-CA051AE0930E Back to Agenda TERMS AND CONDITIONS PROJECT INFORMATION 1. The PSE drawing shows the proposed scope of your project including the location of permanent, above ground electrical facilities required to provide electrical service to your project. Fault current information for transformers associated with your project is noted on the work sketch drawing. Please review this drawing as soon as possible to ensure there are no unforeseen conflicts between PSE's design and your project. If you determine there are conflicts or if you identify a discrepancy while reviewing the drawing for your project, please contact me at the number below. This is attached as Exhibit A. 2. Additional construction -related information and information on metering and service entrance requirements areprovided in PSE's Electric Service handbook for commercial projects. If you would like a copy of the handbook please contact me at the number below. It is your responsibility to provide your project manager, site superintendent, and/or subcontractors with any relevant information from this correspondence that apply to their work in support of your project. 3. The Excavation Requirements & Final Grade Certification must be signed by the project owner or designee and returned to me along with a signed copy of this contract. This is attached as Exhibit B. 4. Transformers have been sized for diversified commercial loads only, and shall not be used for high load factor (continuous) temporary power uses, such as electric heaters for dry -out. Fault currents for non- residential transformers in your project are noted on the attached PSE design drawing. Please notify the PSE representative listed on this contract immediately if you believe there are conflicts between this design and your project. It is your responsibility to provide your project manager, site superintendent, and subcontractors with any information from this correspondence and it's attachments that apply to their work. 5. The requirements for trenching by customers on public right-of-ways and/or on Puget Sound Energy easements must be signed by the project owner or designee and returned along with a signed copy of this contract. This is attached as Exhibit C. POTENTIAL REFUNDS Margin Allowance: If PSE has not provided a Margin Allowance or if your Margin Allowance exceeds $75,000, PSE agrees to calculate and refund the Margin Allowance, subject to Schedule 85. Refund requests must be made within six (6) years of the date on which the facilities installed under this contract are energized. Customers are responsible for making the one-time refund request. DIM Refund: Other refunds associated with the line extension charge may be available if additional permanent service hook- ups are made to your line extension. These service hook-ups must be made within five (5) years of the date on which your project is initially energized Customers are responsible for making all refund requests. A refund may be requested one (1) time within six (6) years of the date on which your line extension is initially energized. It is the customer's responsibility to make the refund request. Your refund request should be directed to PSE's Customer Accounting Coordinators at Schedule85refundrequests@pse.com. RATE SCHEDULE 85 All terms and conditions, costs, and refunds are in accordance with PSE's Rate Schedule 85, and any discrepancies between this contract and the Rate Schedule will be resolved in favor of the Rate Schedule. Rate Schedule 85 contains more detailed information covering costs, refunds, rights, and obligations than is reflected in this contract. The entirety of Rate Schedule 85 can be viewed at PSE's website www.pse.com. This cost information is valid for 90 days from the date of this contract. Should we receive your contract after this period, the costs will be subject to changes. The amount noted on this contract is an estimated cost; however PSE's Schedule 85 line extension tariff requires customers to pay the actual cost of construction. PSE will determine the actual cost of the job once construction is complete. If the actual cost of the job is more than 10% above or below the estimated cost, an additional billing or refund will result to account for the difference. Page 92 of 176 DocuSign Envelope ID: 08FD5628-C425-4014-8F4C-CA051AE0930E Vruin i SOUND ENERGY Back to Agenda REQUIREMENTS FOR TRENCHING BY CUSTOMERS ON PUBLIC RIGHT-OF-WAYS AND/OR ON PUGET SOUND ENERGY, INC. EASEMENTS The following outlines most local governmental guidelines and company standards for trenching on a public right-of-way or Puget Sound Energy, Inc. (PSE) easement. Any trenching performed by the customer, or their contractor, under a PSE permit or easement must comply with these requirements. 1. All trench construction must be performed by a Washington State licensed and bonded contractor. 2. Trench excavation, backfill, restoration, and facility placement must be coordinated with a PSE designated representative, and receive on -site approval by that representative, and local jurisdiction. 3. Right-of-way easement trenching and backfill must be performed during normal business hours, Monday through Friday. Same day excavation and backfill is required for all trenching. Job start notification to the local jurisdiction is the responsibility of Potelco, Inc. Customer shall notify Potelco Project Manager three working days prior to trenching. Penalties for failure to comply with this requirement will be borne by the customer. 4. If the job scope requires excavation beyond a single day, fencing and barricading must be installed around utility facilities exposed above the trench, if allowed, must be in accordance with local regulatory requirements. 5. PSE, all participating utilities, and One -Call Locate, must be notified a minimum of 72 hours in advance of the date and time for right-of-way trenching and facility placement. The One -Call Locate number is 1-800-424-5555. State law requires locating service notification. 6. Excavated material must remain clear of the roadway whenever possible. Excavation material, spoils, and debris shall be removed off -site each day, in accordance with local regulatory requirements. All erosion control requirements in accordance with local regulatory requirements are the responsibility of the customer. 7. Material excavated from the shoulder of the right-of-way shall be properly disposed, and replaced with select backfill material in accordance with local regulatory requirements. 8. Proper compaction is required to comply with local regulatory specifications. If the permit requires compaction testing, the cost of said testing is the responsibility of the customer. 9. All permit requirements, traffic control plans, traffic control and flagging shall meet local regulatory specifications and satisfaction. 10. In the event of failure to abide by the above requirements, PSE reserves the right, at its sole discretion, to assume trenching. In the event of delays due to equipment failure, PSE may assume trenching to meet regulatory and joint construction requirements. The customer is responsible for all trenching costs, and will reimburse the company for costs should PSE perform the trenching. Customer Initials: 11. The customer agrees to indemnify, defend and hold harmless PSE from all liability (including reasonable attorneys' fees) arising out of, or in connection with, the above mentioned trenching activities. Customer Initials: I AGREE TO ADHERE TO THE ABOVE CONDITIONS Service Address: 1535 VIVIAN CT # EV CHRGERS PORT ORCHARD 98367 Work Order Number: 105102908 Page 93 of 176 Signature: Name: TONY LANG Title: Date: DocuSign Envelope ID: 08FD5628-C425-4014-8F4C-CA051AE0930E PUC IL: l ' SOUND ENERGY Back to Agenda PSE ELECTRICAL FACILITIES EXCAVATION REQUIREMENTS AND FINAL GRADE CERTIFICATION PURPOSE This document is an agreement between Puget Sound Energy (PSE) and the Owner/Developer (Developer) who is providing excavation for the installation of PSE's facilities. This document does not provide an easement for operating rights. If PSE determines that a recordable easement on the Developer's property or other property is necessary, it shall be the Developer's responsibility to obtain such easements in a form acceptable to PSE prior to construction. EXCAVATION REQUIREMENTS The requirements and conditions outlined below apply when you provide the excavation for PSE's electrical facilities as a condition of receiving electrical service for your project. If you need additional information, please call the PSE contact person listed below. Developer is responsible for acquiring utility locates by calling One -Call, 1-800-424-5555 at least 48 hours (two full working week days) prior to digging. The excavation must meet the requirements of the Washington Administrative Code and Safety Standards. 2. Developer shall call the PSE contact person noted below for trench and route approval prior to starting excavation. 3. The electrical primary trench shall be excavated to provide a minimum of 36 inches of facility coverage, to a maximum trench depth of 48 inches. The electric service trench shall be excavated to provide a minimum of 24 inches of facility coverage, to a maximum trench depth of 36 inches. A 12 inch horizontal separation is required between PSE electrical facilities and other utilities within a joint trench. 4. All back fill must be free of sharp objects and construction debris. Developer shall provide and install sand bedding and shading for electrical facility protection as directed by PSE's contact person. Developer is responsible for any damages caused by improper backfill or compaction. 5. Developer agrees to maintain a minimum of 2 feet of horizontal clearance between PSE conduit, pipe or conductors and any foundation on Developer's property. 6. The vault excavation shall be dug to the dimensions noted on the attached work sketch. Vault holes shall have a solid level bottom with a 6 inch deep layer of crushed rock bedding. 7. Developer shall provide the excavation for PSE electrical facilities within the designed location. Developer shall identify and provide final grade, property lines, and utility easements prior to installation of PSE's electrical facilities. 8. Developer will be financially liable for the relocation of PSE's facilities which are inadequately covered, located outside the area where PSE has adequate operating rights, improperly graded inhibiting standard access and/or any damages resulting from dig -ins due to changes or variations in grade that are made after the installation of PSE's facilities. FINAL GRADE CERTIFICATION By my signing below, I certify that the electrical facilities work area shall be at final grade prior to excavation. I assume full responsibility for my excavation work and the resulting location of these facilities. I also agree to indemnify, defend, and hold harmless Puget Sound Energy from all liability arising out of, or in connection with my work, including but not limited to all claims, losses, damages, and expenses, including reasonable attorney's fees, which result from my failure to excavate within easement areas or rights -of -way, or from digging without adequate rights on adjoining properties. Service Address: 1535 VIVIAN CT # EV CHRGERS PORT ORCHARD 98367 Work Order Number: 105102908 Signature Name: TONY LANG Page 94 of 176 2806 08/15 Title: Date: DocuSign Envelope ID: 08FD5628-C425-4014-8F4C-CA051AE0930E Back to Agenda—, UST TO CLE R UT SHRUBS / P01 619773 154629 619772 154646 12 40T 2/18 8 SW # T89610 25 B 2/17 — — — — — T 336.4 MCMACSR I U 619772 EXIST --- M01 154654 1 00T GATE EXIST GATE I 13-943 Vol 619767 154639 500 kV 277/480V (ABC) 1535 EXIST Ap O SHOP / 1525 1545 1441 CIRCUIT F ET ADDED: 65' Sq. Footage: /A - EV CHARGING STATION Panel Size: 4 0 AMPS 1435 Heat Type: N/ Est. Demand: 13 KW LRC: 339A • V. Drop: 1. % • Flicker: 2.7 o, 500kVA 277/480v Fault Current: 26,100 R/X:0.2 %Z:2.30 SITE PLAN SCALE: 1" = 100' OE SW COOK RD / T --- _ I I I � U Z g > 1515 \W Z Z W H ::i Ll- (D Z Lu LWg O WW 1 J OQ CaIL DLL U� ILL 3' MIN Q Z w 3' MIN o �(if � w �°dO 5'MIN co n n 10� i \ I Q U i o_ I-- �Q� - 5'MIN ��Q 5' MIN rn D_ rn 0 0 Y UQ 10'MIN UQ o �� Q Q ROAD OR PARKING AREA L — MINUMUM CLEARANCES FOR PSE EQUIPMENT (V01) SCALE: NONE Trench and backfill requirements for primary electric line extension trenches (No PSE gas) - A 12" layer of sand, 5/8" minus, or clean shading is required when excavated native material contains rocks up to 10" in diameter. - A 6" layer of sand, 5/8" minus, or clean shading is allowed when excavated native material contains rocks no larger than 8" in diameter. Excavated Dirt Pile ROADSIDE 18" 24" Min \\\\\\\\\\\ Final Grade Typical To Excavated Dirt Pile \i rBackfill for DB 120 Conduit/Direct Buried Cable 36 �� 12" Min (No Rocks over 10" Diameter) 48„ % Separation Max Min �� Cover \� 6" or 12" of sand, 5/8" minus \� or clean backfill shading �j 3" of sand, 5/8" minus, or clean backfill bedding Phone & TV Primary Power Cable Direct Buried or in PSE provided DB120 Grade Conduit CUSTOMER -SUPPLIED TRENCH FOR PRIMARY CABLE(P01 TO V01 SCALE: NONE LUMSDEN RD — I- 5' MIN 3' MIN H Z ud W Q SITE SPECIFIC NOTES P01 GRID #619773-154629: -PSE OWNED 65' TRANSMISSION POLE TO REMAIN -INST 1/0 AL 3PH PRI TERM ON FG ARM -INST L/B C/O & SURGE ARRESTER FUSE @40T -INST SW #T89610 -INST (3) STIRRUPS & HOT CLAMPS -INST 4" PRI RISER ON S/O BRACKETS, (ACTUAL= ') -INST CABLE #'S AO-AFK878, BO-AFK879, CO-AFK880 V01 GRID #619767-154639: -INST TX 7' X 4' W/ 60" X 24" ACCESS W/ 8' SQ COVER -SET 500KVA, 277/480V PM XFMR -INST (3) 1/0 CS PRI TERMS -INST CABLE #'S AO-AFK878, BO-AFK879, CO-AFK880 -INST GRID #619767-154639 -CONNECT & TAG CUST INSTALLED UG SVC CONDUCTORS (2 RUNS OF 4/0 UG WIRE) SPAN SPECIFIC NOTES 6043.1000, TSU3L1 F 6042.1000, RIS4CSS 6045.5000, PM3P15M MID:6259250 6041.1000, ELB10J P01-V01: -INST 14" DB120 CONDUIT ±65', (ACTUAL= ') IN CUSTOMER PROVIDED TRENCH -INST (3) 1/0 AL SOL JACKETED PRI CABLE, ±100', (ACTUAL= ') 2-36(60') DED FAC 2-55(60') DED FAC 3-19B "NOTE: CITY OF PORT ORCHARD WILL BE RESPONSIBLE 100% ALL EXCAVATION & RESTORATION. CUST IS 100% RESPONSIBLE TO CLEAR -OUT SHRUBS AT P01. PRE -CON WILL BE REQUIRED BEFORE ANY EXCAVATION ON -SITE." FOREMAN MUST FILL IN CABLE #: AFK878 CABLE #: AFK879 CABLE #: AFK880 MANUFACTURER- MANUFACTURER- MANUFACTURER- YEAR MANUFACT: YEAR MANUFACT: YEAR MANUFACT: COMPOUND: COMPOUND: COMPOUND: Primary Cable & Conduit Table (Foreman to Complete) POSSIBLE CUSTOMER ENTRY LOCATION I I PSE FROM P01---// CABLE INSTALLATION DIAGRAM R Not to scale P01 619773 154629 40T SW #T89610 90° 2/17 PULL F=91lbs R=358lbs 90, A 619767 V01 154639 500 kVA 277/480V (ABC) CONDUIT DIAGRAM SCALE: NONE TRANSFORMER INSTALLATION (PM) Installed at site: Vol Grid Number: 619767-154639 kVA Rating: 500kVA 277/480y Material ID#: 6259250 Foreman to redline the following information Company ID#: Primary phase connected to: Tested Secondary Voltage POWER GENERAL NOTES - COMMERCIAL PROJECT 1. All materials to be installed in accordance with Puget Sound Energy's (PSE) standards. Any deviation from this work sketch must be AUTHORIZED by PSE's Project Manager and NOTED on the Foremans' Copy. 2. All switching arrangements and/or outage arrangements are to be made with the Project Manager at least three (3) working days in advance. CUSTOMER NOTES Customer is responsible for all trenching, select backfill, compaction & restoration per Puget Sound Energy Standards & Local Municipality (See PSE Electric Service Handbook for more details). 1. Contact the Utilities Underground Location Center (1-800-424-5555) at least 48 hours prior to commencing work to get the underground facilities located. 2. STAKING: The customer will provide all staking (transformer, handhole, trench, grade, lot, pole, sidewalk, etc.). See sketch and details for locations. Equipment locations must be approved by the Project Manager. 3. SITE PREPARATION: The work area will be at or near finished grade, clear of trench spoils or construction materials which would restrict construction and/or equipment access, before work can begin. 4. Roads shall be paved or have a compacted , crushed rock base in place. 5. CLEARANCES: Transformers require a minimum of 6 feet from fire fighting equipment, 10 feet from combustible walls, overhangs, doors, and windows, and a minimum of 5 feet from the back of curb (or guard posts will be required per PSE standards). All conduits and vaults are to be at least 5 feet away from water, storm and sewer lines when paralleling them in the right of way, and at least 1 foot when crossing them. 6. All work is to be done in accordance with local municipal and county permit requirements as applicable. 7. Inclement weather conditions may cause delays in construction times and dates. 8. EXCAVATION: The customer is to provide all trenching, backfill, vault excavations, compaction and restoration per this sketch and per PSE standards. A minimum protective cover of 36" is required over PSE's primary voltage equipment and 24" is required of PSE's secondary voltage equipment. The customer will provide any and all shoring or they will side slope the trench to 1:1. 9. EROSION & SEDIMENT CONTROL: Erosion & sediment control shall be per PSE standard practice 0150.3200 techniques for temporary erosion & sediment control & any additional local jurisdiction requirements. (Local jurisdiction may have additional requirements including notes detailing where erosion or sediment control structures are to be installed, cross section details of the typical erosion structures, & special requirements for work in sensitive areas.) 10. Customer is required to have meter inspected and approved by L&I/City prior to construction. LOCATION PSE PROVIDE CONDUIT PRIMARY CABLE QTY OF LUBE (gal.) AS BUILT INFORMATION Design Actual TYPE BENDS PULL PULL Cable Design Actual CABLE NUMBERS MANUFACTURING INFORMATION From To Size Qty Length Length (Ibs) Rev Size Length Length (in) (ft) (ft) DB120 HDPE SCH 80 90° 45° 22° 11 ° (Ibs) (ft) (ft) A B C Manufacturer Compound Year Design As Built Actual Amount Installed (Conduit &Cable) P01 V01 4" 1 65' X 2 91 358 1/0 100, AFK878 AFK879 AFK880 1 GAL CITY OF PORT ❑RCHARD IS RESPONSI8LIT L.Y TO PROVIDE GUARD POST S 5' PAINTED YELLOW 5' 3- MIN 9 3' 6- MAX MAX LENGTH ta• , a• s-n• MIN MIN TYPICAL 5 PADB $ MAX XFMR MAX FRONT CONCRETE 74- MAX GUARD MAX POSTS MIN 1r Jj^^�� '" I 01 MAX MAX GUARD POST INSTALLATION GUARD POST LOCATIONS The rolinwina stvies or owrd costs ere acoroved for o Pvet Sound Enerw transforniom: - S 4 Y l Ip. dlamefer Scheddle 40 or begot 94fvan &W steel pipe filled with onwrere The conaele shall have a awnurn wmpres--tv8 strerigth of 3DW psi after 28 days The exposed portion of the post shall be painted traffic yellow. - 8 ft if 9In. dlarneterprecast steel-relniomod concrate past. AvailaWe kw U14ty VmA Company_ Auhum, WA. or Flaveson Inc. Tacoma, WA The exposed portion of the post shall be painted traffic yellow. GUARD POST INSTALLATION REQ FOR V01 Not to sc:fie 070p 1600-93 8'-0" 8'-0" 8" or 10'-0" 4'-2" 3'-6" 7'4" i 7'-0" TOP VIEW EM f]0 f]0 0 SIDE VIEW Excavation - 20 cubic yards VAULT & EXCAVATION DETAIL (V01) Not to scale 6045.5000 CIRCUIT LOADING TABLE CIRCUIT: EPO-12 AS OF 4/17/2023 A PHASE B PHASE C PHASE EXIST. PEAK LOAD 123 172 152 EST. NEW LOAD 12 12 12 TOTAL 135 183 163 FOREMAN (CHECK BOX WHEN COMPLETED) ❑ PSE Equipment LOCKED/SECURED & Work Area left in CLEAN/SAFE Condition. ❑ Grid, Cable, and Switch numbers INSTALLED & VERIFIED. ❑ Field Changes RED -LINED on As -built. ❑ Material VERIFIED and CHANGES noted on Paperwork. ❑ Total PRIMARY Cable noted on As -built. ❑ Company ID#'s RECORDED in correct location on As -built. ❑ Indicate correct FUSE SIZE on As -built & VERIFY proper PHASE. ❑ Deviations noted on the As -built and their reason. ❑ I certify that the work performed meets PSE's standards and procedures and that all quality requirements are met. Quadrant Foreman's Signature 4' x 4' Work Pit Field Face \ (Pole Butt Must Be Exposed) Print Name Date Quadrant 5" Min Climbing Space / 619772 619774 Standoff Bracket Conduit \ 1546047619773 154645 15" Min Length Conduit Clamp — Z 619772 154629 2/17 154646 2/18 \ P01 25 kVA (B) 2" 6" Crushed 4'-6" Rock Direction of Vehicular Traffic Climbing Space Zoad Face' PROJECT PHASE NOTIF# ORDER# PWR Superior Perm. Service Metering Removal Temporary Job Order 513819438 105102908 513965511 104352382 3002208608 N/A N/A N/A N/A N/A N/A GAS Distribution Service Stubs HP Svc/MSA N/A N/A N/A N/A N/A N/A CABLE TV PHONE \ / Project Manager Contact Information: / Manager: Victor Ibarra Cell Phone: 425-429-4574 TOP VIEW E-Mail: victor.ibarra@pse.com CONDUIT RISER PLACEMENT DETAIL (P01) PRIMARY ONE -LINE & UG MAP: BEFORE PSE Locates Required NO SCALE: NONE SCALE: NONE Customer Locates Required YES 16 JOB SITE / 0 / AI A 30: SWR�\25T 125T % T86112 A c EPC 100T 12 7 C 125T 13 1003; I ' 30 (CROSS COUNTR 3 0: r- I- n o 3 0: ..... ..........A ig .... -: 30 .......... 40T �' 3 rd 13-792g......E: I Ii::: ; 13-707 0� OVERHEAD CIRCUIT MAP SCALE: 6" = 1 MILE Page 95 of 176 POI 619773 154629 40T 619774 SW #T89610 154645 2/17 6197727 � 619772 154604 I 154646 2/18 2/16 A 25 kVA (B) AO—AFK878 619767 Vol BO—AFK879 15-4639 CO—AFK880 500 kVA 277/480V (ABC) L PRIMARY ONE -LINE & UG MAP: AFTER SCALE: NONE Vicinity Map JOB SITE 27 4° 34 5� - Owner / Develoner Contact Info V � 0 O 00 City of Port Orchard 216 Prospect St Port Orchard, WA 98366 ATTN: Tony Lang 360-876-7019 office For contacts below dial 1-888-CALL PSE (225-5773) CALL 811 TWO BUSINESS DAYS BEFORE YOU DIG THIS SKETCH NOT TO BE RELIED UPON FOR EXACT LOCATION OF EXISTING FACILITIES Outages Required NO Flagging Required YES REAL ESTATE/EASEMENT ROW REVIEW / EASEMENT PERMIT N/A 3 FUNCTION CONTACT PHONE NO DATE 2 PROJECT MGR Victor Ibarra 425-429-4574 4/17/23 1 ENGR - POWER Helene Sparks 360-475-7001 4/17/23 REV# DATE BY DESCRIPTION ENGR - GAS N/A N/A N/A COUNTY KITSAP Emer Sect N/A Gas Wk Ctr N/A POWER WK CTR QSSPE DRAWN BY Helene Sparks 360-475-7001 4/17/23 CHECKED BY 1/4 SEC SE SEC34 T24 R1 E OP MAP N/A PLAT MAP N/A APPROVED BY 425-495-0703 5 2/2023 FOREMAN #1 NO (POWER) 2401E136 -[--U-MAP OH CKT MAP 2401E136 UG CKT MAP 2401E135 CIRCUIT NO EPO-12 FOREMAN #2 MAPPING JOINT FACILITIES ARRANGEMENTS UTILITIES N/A N/A N/A N/A CONTACT N/A N/A N/A N/A PHONE# N/A N/A N/A N/A INCIDENT MAOP PUGET CITY OF PORT ORCHARD EV STATION N/A N/A SOUND Elect Order COMMERCIAL INST 30 OH-UG PRI L/E GaNOrder 105102 08 ENERGY 1535 VIVIAN CT # EV CHRGERS PORT ORCHARD, WA 98367 SCALE PAGE PSE AS NOTED 1/1 Back to Agenda RETURN ADDRESS: Puget Sound Energy, Inc. Attn: ROW Department 3130 S. 38t' Street Tacoma, WA 98409 MK * PUGET SOUND ENERGY EASEMENT REFERENCE # GRANTOR (Owner): CITY OF PORT ORCHARD GRANTEE (PSE): PUGET SOUND ENERGY, INC. SHORT LEGAL: LOT 15, PORT ORCHARD INDUSTRIAL PARK, DIV. 1 / PTN NW'/4 SW'/4 34-24N-01E ASSESSOR'S PROPERTY TAX PARCEL: 5392-000-015-0008 For and in consideration of good and valuable consideration, the receipt and sufficiency of which are acknowledged, CITY OF PORT ORCHARD, a Washington municipal corporation, ("Owner" herein), hereby grants and conveys to PUGET SOUND ENERGY, INC., a Washington corporation ("PSE" herein), for the purposes described below, a nonexclusive perpetual easement over, under, along across and through the following described real property (the "Property" herein) in KITSAP County, Washington: LOT 15, PORT ORCHARD INDUSTRIAL PARK DIVISION 1, RECORDED JULY 27, 1998 UNDER AUDITOR'S FILE NO. 3106119, RECORDS OF KITSAP COUNTY, WASHINGTON. Except as may be otherwise set forth herein PSE's rights shall be exercised upon that portion of the Property ("Easement Area" herein) described as follows: EASEMENT NO. 1: AN EASEMENT AREA TEN (10) FEET IN WIDTH HAVING FIVE (5) FEET OF SUCH WIDTH ON EACH SIDE OF THE CENTERLINE OF PSE'S FACILITIES AS NOW CONSTRUCTED OR TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE ABOVE DESCRIBED PROPERTY, EXCEPT WHERE BUILDING FOOTINGS, FOUNDATIONS, AND/OR SUBSURFACE STRUCTURES PRECLUDE. IN SUCH CASE, THE FOOTINGS, FOUNDATIONS, AND/OR SUBSURFACE STRUCTURES WILL BECOME THE BOUNDARY OF THIS EASEMENT. EASEMENT NO. 2: AN EASEMENT OVER THE ABOVE DESCRIBED PROPERTY FOR VAULTS, PEDESTALS AND RELATED FACILITIES ("VAULT EASEMENTS") ADJACENT TO EASEMENT AREA No. 1. THE VAULT EASEMENT MAY OCCUPY UP TO AN ADDITIONAL 2 FEET IN WIDTH FOR A TOTAL WIDTH OF 12 FEET) WITH THE LENGTH OF EACH VAULT EASEMENT EXTENDING 2 FEET FROM EACH END OF THE AS -BUILT VAULTS). UG Electric WO# 105102908 / RW-130364 / Not. 11936243 Page 1 of 3 Page 96 of 176 Back to Agenda 1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain, repair, replace, improve, remove, upgrade and extend one or more utility systems for the purposes of transmission, distribution and sale of electricity. Such systems may include: Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity; fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground -mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing. Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct such additional facilities as it may require for such systems. 2. Access. PSE shall have a reasonable right of access to the Easement Area over and across the Property to enable PSE to exercise its rights granted in this easement. 3. Easement Area Clearing and Maintenance. PSE shall have the right to cut, remove and dispose of any and all brush, trees or other vegetation in the Easement Area. PSE shall also have the right to control, on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area. 4. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not perform the following activities without PSE's prior written consent: (1) excavate within or otherwise change the grade of the Easement Area; (2) construct or maintain any buildings, structures or other objects on the Easement Area; and/or (3) conduct any blasting within 300 feet of PSE's facilities. 5. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a result of PSE's negligence, or the negligence of PSE's employees, agents or contractors in the exercise of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that portion of any such liability attributable to the negligence of Owner, its employees, agents or contractors or the negligence of third parties. 6. Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms of this Easement shall be entitled to recover its reasonable attorneys' fees and costs incurred in said suit, including on appeal. 7. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the successors and permitted assigns of the parties. PSE may not assign or otherwise transfer any of its rights, obligations or interest under this Easement without the prior written consent of Owner, which consent may not be unreasonably withheld. Notwithstanding the foregoing, PSE may assign this Easement to an affiliate or in connection with a merger, acquisition, corporate reorganization, sale of assets or other change in control. 8. Complete Agreement; Amendment; Counterparts. This Easement contains the entire agreement of the parties with respect to this subject matter and supersedes all prior writings or discussions relating to the Easement. This Easement may not be amended except by a written document executed by the authorized representatives of Owner and PSE. This Easement may be executed in counterparts, each of which shall be treated as an original for all purposes and all executed counterparts shall constitute one agreement. 9. Warranty and Representation of Authority. The parties each represent to the other that the person or persons executing this Easement have authority to do so and to bind the parties hereunder. All consents, permissions and approvals related to this Easement, and the obligations hereunder, have been obtained. Owner further warrants to PSE that it has the necessary right, title and interests in the Property to grant the easement rights set forth herein. 10. Severability. Invalidation of any of the provisions contained in this Easement, or of the application thereof to any person, by judgment or court order, shall in no way affect any of the other provisions thereof or the application thereof to any other person and the same shall remain in full force and effect. If a provision is found to be unenforceable or invalid, that provision shall be modified or partially enforced to the maximum extent permitted by law to effectuate the purpose of this agreement. UG Electric WO# 105102908 / RW-130364 / Not. 11936243 Page 2 of 3 Page 97 of 176 Back to Agenda 11. Non -Waiver. The failure of any party to insist upon strict performance of any of the terms, covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that party may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or default in any of such terms, covenants or conditions. DATED this day of 2023. OWNER: CITY OF PORT ORCHARD, a Washington municipal corporation BY: TITLE: STATE OF WASH INGTON ) ) ss COUNTY OF ) On this day of , 2023, 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 person who signed as , of the CITY OF PORT ORCHARD, the Washington municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be his/her free and voluntary act and deed and the free and voluntary act and deed of the CITY OF PORT ORCHARD for the uses and purposes therein mentioned; and on oath stated that he/she was authorized to execute the said instrument on behalf of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. Notary seal, text and all notations must not be placed within 1" margins UG Electric WO# 105102908 / RW-130364 / Not. 11936243 (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My Appointment Expires: Page 3 of 3 Page 98 of 176 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 7D Meeting Date Adoption of a Resolution Granting Final Plat Aooroval for McCormick Woods North Phase III, Division 3 Prepared by Atty Routing No.: Atty Review Date: Back to Agenda May 23, 2023 Nick Bond, AICP DCD Director N/A N/A Summary: On February 6, 2023, McCormick Development Corporation, LLC, a successor owner to GEM 1, LLC, submitted an application for final plat approval for the McCormick Woods North Phase III, Division 3 project (a portion of McCormick North Phase III). The City of Port Orchard Hearing Examiner granted preliminary plat approval with conditions on October 20, 2010. Subsequently, the Hearing Examiner approved a request for preliminary plat modification on December 20, 2021. A Determination of Non -Significance for the project was issued on October 15, 2021. The final plat creates 105 single-family residential lots and 16 tracts, consisting of common open space, recreational space and shared access which is consistent with the conditions established by the December 21, 2021 Preliminary Plat Modification Decision. The applicant has installed roadway illumination, roads, sidewalks, water and sewer, and storm drainage improvements, and the City has received acceptable bonds guaranteeing completion of landscaping improvements not yet completed. Streets within this final plat are for public use and will be accepted into the City's road system. Recommendation: Staff recommends that the City Council Adopt a resolution, granting approval of the final plat of Plat of McCormick Woods North Phase III, Division 3. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for McCormick Woods North Phase III, Division 3. Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure. Alternatives: Do not approve the final plat. Attachments: Resolution, Plat map, Department of Community Development Approval Letter, Public Works Approval Letter, Landscaping Performance Bond, and Bill of Sale Page 99 of 176 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 105-LOT AND 16-TRACT PLAT KNOWN AS MCCORMICK WOODS NORTHPHASE III, DIVISION 3. WHEREAS, property owner McCormick Development Corporation, LLC (hereinafter "Applicant"), has submitted an application for final plat approval of the project known as McCormick Woods North Phase III, Division 2 on undeveloped property located in the City of Port Orchard (hereinafter "the Property"); and WHEREAS, in 2010, the Applicant submitted an application for preliminary plat approval for the McCormick North Phase III to subdivide 129 acres into 159 single-family lots and related tracts, including the McCormick Village phase; and WHEREAS, on October 10, 2010, after a duly -noticed public hearing to review the proposed development, the City of Port Orchard Hearing Examiner approved the Preliminary Plat for the McCormick North Phase III; and WHEREAS, the Property is subject to a Development Agreement vesting the property to certain development standards, recorded on December 21, 2010; and WHEREAS, the Property is subject to a Development Agreement for traffic, recorded on October 21, 2005 as modified and recorded on February 19, 2021; and WHEREAS, on December 20, 2021, the City of Port Orchard Hearing Examiner approved a Major Plat Amendment to the McCormick North Phase III preliminary plat; and WHEREAS, on February 6, 2023 the Applicant submitted an application seeking final plat approval for a portion of the McCormick North Phase III preliminary plat known as McCormick Woods North Phase III, Division 3, for the subdivision of 105 single-family residential lots, 16 tracts, and public right-of-way; and WHEREAS, City staff has reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in place to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded, and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and WHEREAS, the City Community Development Director recommends approval of the final plat; and Page 100 of 176 Back to Agenda Resolution No. Page 2 of 2 WHEREAS, the Applicant has secured bonds guaranteeing completion of certain improvements required by the Preliminary Plat Approval; and WHEREAS, the City Council finds that the McCormick Woods North Phase III, Division 3 Final Plat conforms to all terms and conditions of the preliminary plat approval, as approved by the Hearing Examiner, and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and WHEREAS, the City Council finds that the McCormick Woods North Phase III, Division 3 Final Plat conforms to the applicable zoning requirements and Port Orchard's Comprehensive Plan; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council approves the final plat for McCormick Woods North Phase III, Division 3, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The McCormick Woods North Phase III, Division 3 subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 23rd day of May 2023. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 101 of 176 Back to Agenda McCORMICK WOODS NORTH PHASE III, DIVISION 3 A PORTION OF THE NW 1/4 OF THE SW 1/4 OF SEC. 04 AND A PORTION OF THE NE 1/4 AND THE SE 1/4 OF THE SE 1/4 OF SEC. 05 TWP. 23N., RNG. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON r�TIT"l!1 S T A T 3c w a 5* o O yQ w U a 1�~ SW HUDSON DR SITE s In wHIBISCUS CIR SW w J CD � o CL O SW YARROW ST a�v O* SW DLO CLIFTON RD v0 y� DEDICATION: APPRO VAL SHEET 1 OF 9 IE. W. M. KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN THE FEE SIMPLE OR CONTRACT PURCHASER AND MORTGAGE HOLDER OF THE LAND HEREBY CITY ENGINEER PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES SHOWN THEREON AND USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE OF PRELIMINARY/SHORT PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS GRADING OF THE STREETS AND AVENUES SHOWN HEREON. THE UNDERSIGNED TO THE LAYOUT OF STREETS, ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, OWNERS HEREBY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID ROAD. THIS SUBDIVISION HAS BEEN MADE WITH OUR FREE CONSENT AND IN ACCORDANCE WITH OUR DESIRES, BY ME '[HIS DAY OF 2023. THE BREMERTON WATER AND PORT ORCHARD SEWER UTILITIES LOCATED WITHIN THE PUBLIC RIGHT- OF-WAY OR PUBLIC EASEMENTS, SHOWN HEREON, ARE TO BE DEDICATED TO THE CITY OF PORT ORCHARD. THE STORM CONVEYANCE SYSTEM LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY OR PUBLIC CITY ENGINEER. EASEMENTS, SHOWN HEREON, ARE TO BE DEDICATED TO THE CITY OF PORT ORCHARD. THE UNDERSIGNED OWNERS OF THE INTEREST IN THE REAL ESTATE DESCRIBED HEREIN HEREBY DECLARE THIS MAP AND DEDICATE THE SAME FOR A COMMON INTEREST COMMUNITY NAMED McCORMICK WOODS HOMEOWNER'S ASSOCIATION, A PLAT COMMUNITY, AS THAT TERM IS CITY COUNCIL DEFINED IN THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT, SOLELY TO MEET THE REQUIREMENTS OF THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT AND NOT FOR ANY PUBLIC PURPOSE. THIS MAP AND ANY PORTION THEREOF IS RESTRICTED APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD THIS BY LAW AND THE DECLARATION FOR McCORMICK WOODS HOMEOWNER'S ASSOCIATION, RECORDED UNDER KITSAP COUNTY RECORDING NO. DAY OF 2023• IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS AND SEALS THIS�AY OF +-A /A. 4 2D23. j ATTEST: VICINM m" 1"=1000' PLAT NOTE: ALL LOTS ARE HEREBY SUBJECT TO AN EASEMENT 2,50 FEET IN WIDTH PARALLEL WITH AND ABUTTING ALL INTERIOR LOT LINES AND 5.0 FEET IN WIDTH PARALLEL WITH AND ABUTTING ALL FRONT AND REAR LOT LINES FOR THE PURPOSE OF INSTALLATION, REPAIR AND MAINTENANCE OF WALLS, STORM DRAINS AND OTHER UNDERGROUND PRIVATE UTILITIES, IN THE EVENT A LOT LINE ADJUSTMENT IS APPROVED BY THE CITY AFTER THE RECORDING OF THIS PLAT, THE EASEMENT SHALL MOVE WITH THE ADJUSTED LOT LINES. MAINTENANCE OF THESE EASEMENTS AND THE WALLS AND UTILITIES WITHIN THEM SHALL BE THE RESPONSIBILITY OF THE OWNERS OF THE LOT(5) AND/OR TRACT(S) DERIVING BENEFIT FROM SAID EASEMENT. UPON COMPLETION OF ANY WORK DONE WITHIN THESE EASEMENTS THEY SHALL BE FULLY AND IMMEDIATELY RESTORED BY THOSE RESPONSIBLE FOR THE WORK TO THEIR ORIGINAL OR BETTER CON➢ITION. THESE EASEMENTS HAVE NOT BEEN DEPICTED HEREIN AND ARE HEREBY GRANTED TO THE HOMEOWNERS ASSOCIATION, THEIR CONTRACTOR(S) AND/OR ASSIGNS. UTILITY EASEMENT: AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO CASCADE NATURAL GAS, ANY WATER COMPANY, US POSTAL SERVICE, QWEST COMMUNICATIONS COMPANY, PUGET SOUND ENERGY, INC., ANY CABLE TELEPHONE COMPANY, ANY CITY, KITSAP COUNTY, ANY OTHER PUBLIC OR PRIVATE UNDERGROUND UTILITY SERVICE (INCLUDING, BUT NOT LIMITED TO, PRIVATE ROOF DRAINS) AND OTHER UTILITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR TEN (10) FEET OF FRONT BOUNDARY LINES OF ALL LOTS AND TRACTS, IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE, MAINTAIN AND REMOVE UTILITY SYSTEMS, LINES, FIXTURES AND APPURTENANCES ATTACHED THERETO, FOR THE PURPOSE OF PROVIDING UTILITY SERVICES TO THE SUBDIVISION AND OTHER PROPERTY, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSES STATED, WITH THE UNDERSTANDING THAT ANY GRANTEE SHALL BE RESPONSIBLE FOR ALL UNNECESSARY DAMAGE IT CAUSES TO ANY REAL PROPERTY OWNER IN THE SUBDIVISION BY EXERCISE OF RIGHTS AND PRIVILEGES HEREIN GRANTED. SURVEYOR'S NOTES: 1) THE MONUMENT CONTROL SHOWN FOR THIS SITE WAS ACCOMPLISHED BY FIELD TRAVERSE UTILIZING A ONE (1) SECOND THEODOLITE WITH INTEGRAL ELECTRONIC DISTANCE MEASURING METER (GEODIMETER 600) AND REAL TIME KINEMATIC (RTK) / STATIC GLOBAL POSITIONING SYSTEM (GPS). LINEAR AND ANGULAR CLOSURE OF THE TRAVERSES MEET THE STANDARDS OF WAC 332-130-090, 2) UTILITIES OTHER THAN THOSE SHOWN MAY EXIST ON THIS SITE, ONLY THOSE WHICH ARE VISIBLE OR HAVING VISIBLE EVIDENCE OF THEIR INSTALLATION ARE SHOWN HEREON. 3) THIS SURVEY REPRESENTS PHYSICAL IMPROVEMENT CONDITIONS AS THEY EXISTED MAY 22, 2017, THE DATE OF THIS FIELD SURVEY, 4) FULL RELIANCE FOR LEGAL DESCIPTIONS AND RECORDED EASEMENTS HAVE BEEN PLACED ON THE TITLE REPORT FROM FIRST AMERICAN TITLE INSURANCE COMPANY SUBDIVISION GUARANTEE NUMBER 5003353-0003582E, DATED JANUARY 20, 2023. NO ADDITIONAL RESEARCH HAS BEEN ATTEMPTED. 5) OFFSET DIMENSIONS SHOWN HEREON ARE MEASURED PERPENDICULAR TO PROPERTY LINES. 6) SHOULD A PRIVATE ROAD SERVE MORE THAN TWO DWELLINGS PER THE CITY OF PORT ORCHARD FIRE CODE, THE NEW DWELLING UNITS WILL BE REQUIRED TO BE PROVIDED WITH A FIRE SPRINKLER SYSTEM IN ALL HOUSES BUILT, 7) ALL LOTS SHALL ACCESS FROM INTERIOR ROADS ONLY, TRACT NOTES: 1) TRACTS COS -A, COS-B, COS-C, COS-D, COS-E, COS-F, COS-G, COS-H AND COS -I ARE COMMON OPEN SPACE AND LANDSCAPE TRACTS, TO BE OWNED/MAINTAINED BY THE MCCORMICK WOODS HOME OWNERS ASSOCIATION (HOA). 2) TRACT RD-A IS A PRIVATE ACCESS AND UTILITY TRACT, TO BE OWNED/MAINTAINED BY THE MCCORMICK WOODS HOME OWNERS ASSOCIATION (HOA), FOR THE BENEFIT OF LOTS 1, 2, 3 AND 37. 3) TRACT RD-B IS A PRIVATE ACCESS AND UTILITY TRACT, TO BE OWNED/MAINTAINED BY THE MCCORMICK WOODS HOME OWNERS ASSOCIATION (HOA), FOR THE BENEFIT OF LOTS 152, 153, 154, 155, 156, t57, 158, 159, 160 AND 161. 4) TRACTS FD-7 AND FD-B ARE FUTURE DEVELOPMENT TRACT, TO BE RETAINED BY THE PROPERTY OWNER. 5) TRACT S-1 IS LIFT STATION TRACT, TO BE DEDICATED TO THE CITY OF PORT ORCHARD, 6) TRACT SO-1 IS DETENTION POND TRACT, TO BE OWNED/MAINTAINED BY THE MCCORMICK WOODS HOME OWNERS ASSOCIATION (HOA). 7) TRACT P-1 IS DESIGNATED AS A PARK TRACT, TO BE OWNED AND MAINTAINED BY MCCORMICK DEVELOPMENT CORPORATION. 14 NW-- 7NE NW NE W SSE SW �., , %1J!LEI��` McCORMICK D VELQP ENT CORP., K11,A W NGT C0R RATION pkOTAAY � �- •-a— = BY: PsM 1�5+ ��i�J`••; IN220N0.o• ITS: 1 !!1l1111111111�� ACKNOWLEDGEMENTS: STATE OF WASHINGTON ) ) SS COUNTY OF V—1 ti? C j ON THIS ( U�i� DAY OF 20 2 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED SC —eS M, i02±i TQ ME PERSONALLI KNOWN {OR PROVEN ON THE BASIS OF 5ATI5FACTORY EVIDENCE) TO BE THE',—'6�w - OF MCCORMICK DEVELOPMENT CORP, A WASHINGTON CORPORATIO , THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY, IS THE CORPORATE SEAL OF SAID CORPORATION. WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC IN AND FOR THE STATE\��,,,�� < OF WASHINGTON, RESIDING IN G w c MY COMMISSION EXPIRES: kAa^'rM `t t 2-02(0 is Lxe_i1e k'—, i /1%"N PRINT NOTARY NAME TITLE REPORT ITEM NOTES: 1-2) ITEMS CONCERNING FISCAL RESPONSIBILITY IN THE PROPERTY. NON -SURVEY RELATED. 3) ITEM CONCERNING AN EASEMENT FOR ROADWAY AND UTILITIES, RECORDED UNDER RECORDING NO. 9602200050, MODIFICATION AND AMENDMENT BY INSTRUMENT NUMBERS 201207300353 AND 202111080124. EASEMENT FALLS INSIDE THE RIGHT-OF-WAY OF MCCORMICK VILLAGE DRIVE, NOT SHOWN. 4) ITEM CONCERNING AN AGREEMENT FOR REIMBURSEMENT, RECORDED UNDER RECORDING NO. 200710170135. NON -SURVEY RELATED. 5) ITEM CONCERNING A DEVELOPMENT AGREEMENT, RECORDED UNDER RECORDING NO. 201012210340, NON -SURVEY RELATED. 6) ITEM CONCERNING AN ASSIGNMENT OF AGREEMENTS, EASEMENTS, COVENANTS AND RECORDED INTERESTS IN PROPERTY, RECORDED UNDER RECORDING NO. 201512310228. NON -SURVEY RELATED. 7) ITEM CONCERNING A RECORD OF SURVEY FOR BOUNDARY LINE ADJUSTMENT NO. LU16-BLA-05, RECORDED UNDER RECORDING NO. 201610250060, CREATING PARCEL I SHOWN HEREON. B) ITEM CONCERNING MEMORANDUM OF RIGHT OF FIRST OFFER, RECORDED UNDER RECORDING NO. 202001150206. NON -SURVEY RELATED 9) ITEM CONCERNING A DEVELOPMENT AGREEMENT, RECORDED UNDER RECORDING NO. 202102190203, NON -SURVEY RELATED. W ITEM CONCERNING PLAT OF MCCORMICK WOODS NORTH PHASE III, DIVISION 2, RECORDED IN VOLUME 35 OF PLATS AT PAGES 201-207, SAID PLAT CREATING PARCEL. II. 11) ITEM CONCERNING A DEVELOPMENT AGREEMENT. RECORDED UNDER RECORDING NO. 202210050135. NON -SURVEY RELATED. 12) ITEM CONCERNING AN EASEMENT FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION SYSTEM, RECORDED UNDER RECORDING NO. 202301050021. THIS IS AN AS -CONSTRUCTED EASEMENT, THEREFORE AN EXACT LOCATION CANNDT BE SHOWN. 13) ITEM CONCERNING A DEED OF TRUST, RECORDED UNDER RECORDING NO, 202203280226, NON -SURVEY RELATED. CITY CLERK MAYOR CITY FINANCE DIRECTOR I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THE PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED. EXECUTED THIS _ DAY OF , 2023. FINANCE DIRECTOR AUDITOR'S CERTIFICATE FILED AT THE REQUEST OF STEPHEN H WDODS, PLS, THIS SAY OF 2023, AND RECORDED IN VOLUME OF PLATS, PAGE (5) RECORDS OF KITSAP COUNTY, WASHINGTON. KITSAP COUNTY AUDITOR FEE: COUNTY TREASURER THIS IS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAS BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR EXECUTED THIS — DAY OF , 2023. COUNTY TREASURER COMMUNITY DEVELOPMENT DIRECTOR I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF STREETS, ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED THIS DAY OF , 2023. COMMUNITY DEVELOPMENT DIRECTOR DATE LAND SURVEYOR'S CERTIFICATE: THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST DF MCCORMICK COMMUNITIES LLC, A WASHINGTON CORPORATION, IN SEPTEMBER, 2023, I HEREBY CERTIFY THAT THIS MAP FOR MCCORMICK WOODS NORTH PHASE III, DIVISION 3 PLAT, IS BASED UPON AN ACTUAL SURVEY OF THE PROPERTY HEREIN DESCRIBED; THAT THE BEARINGS AND DISTANCES ARE CORRECTLY SHOWN; THAT ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; ALL MONUMENTS AND LOT CORNERS ARE SET OR BONDED WITH THE CITY AND WILL BE SET PRIOR TO RELEASE OF THE BOND. THAT THIS PLAT CONFORMS TO THE APPROVED PRELIMINARY PLAT AND THE CONDITIONS OF APPROVAL THEREOF. �X= 5TEPH AH.WOODS, P.L.S. 23 8965 Job No. 21-111 Mv . C VF4TOUR E N G IN E E R I N G« L L C CIVIL ENGINEERS -SURVEYORS LAND PLANNERS 4706 97th Street NW, Suite #100, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc,com Page 102 of 176 Back to Agenda McCORMICK WOODS NORTH PHASE III, DIVISION 3 A PORTION OF THE NW 1/4 OF THE SW 1/4 OF SEC. 04 AND A PORTION OF THE NE 1/4 AND THE SE 1/4 OF THE SE 1/4 OF SEC. 05 TWP. 23N., CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON NBB `O6' 41 "W 1312, 97' (C) 1312. 97' (P) u� v rW m m . vo Z r. l�' §6 h4co G= i5 50 184 N pG��G� S64.45'2s• R's'5 ao 84 !, pLA 7r� cn SOUTH QUARTER CORNER OF 0p SECTION 5, TOWNSHIP 23 N° RANGE i E. W.M,., FOUND 4" ' 39 BRASS DISK WITH PUNCH. R=L=80.80. S5 . VISITED 3-18-16 1 9 NBl`37'41"F- 10.2A, m � N rp'+ p 1 38 V� S coI _p rn DETAIL '? A" 1 = 20 LEGEND: e- 17 03 31 OLD CLIFTON ROAD S87'00'24"E 2638.77' (C) 2638~ R,29.00' 0= 83'54'16,, ZZI i I �r_ m` 4~ 0 CD o NB4'54'53'E 10.00' 60 DETAIL "B" 1" = 10' EAST QUARTER CORNER OF SECTION 5/ WEST QUARTER CORNER OF SECTION 4, TOWNSHIP 23 N, RANGE 1 E, W.M.. FOUND 3/4" IRON PIPE WITH PLUG 6 TACK. ,VISITED 3/iB/i6. S88'50'33"E 916.9O' scar: SOUTHEAST CORNER OF SECTION 5/ 5 • 4 SOUTHWEST CORNER OF SECTION 4, TOWNSHIP 23 N, RANGE 1 E. W.M.. 8 9.CALCULATED, FOUND BRASS PLUG IN CONCRETE PER BLA NO. L-078 ao b 0�'Sg' 22" Ln fl -20 34 - 23 1` z co a �NB1�o039°E 00 111 DETAIL 1" = 10' SHEET 2 OF J RNG. 1 E. W. M. LEGAL DESCRIPTION: PARCEL I: RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UNDER AUDITOR'S FILE NO. 201610250060, IN VOLUME 83 OF SURVEYS, PAGES 76 - 78, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON.' PARCEL II: TRACTS FD-1, FD-2, FD-3 AND FD-4, MCCORMICK WOODS NORTH PHASE III, MCCORMICK WOODS NORTH PHASE III, DIVISION 2. ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 201-207, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON; OF BEARING: MCCORMICK WOODS NORTH PHASE III, DIVISION 2 PLAT RECORDED IN VOLUME 35 OF PLATS, PAGE (S) 201-207, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SITUATE IN KITSAP COUNTY, WASHINGTON. au' "O 0. a Y 100 CO rnr N. fV m mLO _ J G DETAIL "D" 1" = 10' L=5.86' A= 11`59'12" o 0 N62��g N� 48 wQ m CD �- a 4 DETAIL "E" 1" = 10' ----------...__._.--------------.�------— -- ----------— — — — — —— I McCORMICK VILLAGE DRIVE °��, — — — ems; I 1= A=270.00' �= 13`43'41" N31'03'38"E 262.52' 84.69, L=64.73' ll 4 L=36.52' R=220,00' Q= 16' I L=' 23g3 .,5i'2s" 7.45'03" Zsfi2BTRACT COS-C s5'5B '38I I ----------------------------- —� I N30'33' 17"E 323.98' n —•��0p / Ln / a ✓ �—----��------.-----------------r ----J �✓d. TRACT RD— B I I k DETAIL "F" (1" = 20' ) -------------------------------------------------_-------_-------__--- Z = MONUMENT FOUND. (R) = MCCORMICK WOODS NORTH PHASE TIT, DIVISION 2 (C) = CALCULATED Job No. 21-111 P[ITOUR NG I N E E R I N G- L L C CIVIL ENGINEERS -SURVEYORS LAND PLANNERS 4706 97th Street NW, Suite #100, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com Page 103 of 176 Back to Agenda McCORMICK WOODS NORTH PHASE III, DIVISION 3 Sc ATE LEGEND: = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 38965". SHEET 3 OF 9 Z J 3LE CURVE ARC DELTA RADIUS Cl 25.28' 29'11'37" 49.61' C2 74.73' 21'24'33" 200.00' C3 49.22' 14'14'37" 198.00' C4 15.39' 2'00'31" 439.00' C51 30.46' 62'20'04" 2B.00' C61 15.58' 31'52'19" 28.00' C71 11.29' 3'39'54" 176.50' C81 14.36' 0'25'44" 1919.00' C9 7.15' 0*12'49" 1919.00' CIO 29.99' 7'49'3B" 219.50' Cif B.99' 18'24'06" 28,00' C12 9,55' 0'16'16" 2020.00' C13 41.26' 5*15*54" 449.00' C141 30.96' 4'25'27" 401.00- C15 25.23' 51'37'22" 28.00' Ci6l 26.92' 55'05'16' 28.00' C17l 41.53' 2 19'54" 178.50' Ci8l 20.IB' 0'32'43" 2121,00' CI9 13.90' 0'22'32" 2121.00' C20 36.23' 29'S1'37" 71.11' C21 28.28' 22'47'17" 71.il' C22 7.95' 6'24'20" 71.il' C23 41.00' 83*54'16" 26.00' C24 21.27' 2*44*55" 443.29' C25 32.58' 0'47'OB" 2376.00' C26 29,87' 0'43'13" 2376.00' C27 29.67' 1'44'15" 978.50' C28 18.12' 4'43'11" 220.00' C291 31.97' 8'19'35" 220.00' C30 53,82' 64'14'32" 48.00' C31 31.78' 37'56'22" 48.00' C32 22.04' 26'18'10" 48.00' C33 2B,82' 78'37'46" 21.00' C341 27,25' 7'05'46" 220.00' C351 61.75' 73'42*22" 48.00' C361 27.71' 33'04'42" 48.00' C37j 34,04' 40'37'40" 48.00' C381 32.64' 6'55'37" 270.00' C391 27.11 5'45'09" 270.00' C401 64.69' 2 '43'41" 270.00' C41 33.08' 0'56'iB" 2020.00' C42 7.44' 0'26'08" 978.50' C43 37.9B' 77'43'27" 28.00' LINE TABLE LINE BEARING DISTANCE L1 S41'12'02"E 32.55' L2 S31'05'15"W 37.27' L3 N50'31'55"W 19.35' L4 N77'25'07"W 12.66' L51 N31'05'15"E 37.27' L6 531'05'15"W 37.27' L7 S32'05'58"W 15.83' L8 S19'25'58"W 25.40' L9 N58'54'45"W 14,09' L10 N58'54'45"W 9.00, L11 N77'25'10"W 12.66' L12 S77'25'07"E 12,66' LOT NO. ADDRESS LOT NO. ADDRESS LOT N0. ADDRESS LOT NO. ADDRESS LOT NO. ADDRESS 1 4290 REEF ROAD SW 22 4357 WANDERING WAY 43 4353 REEF ROAD SW 91 4221 WANDERING WAY 12 341l SW MOORING LN 2 42BO REEF ROAD SW 23 4367 WANDERING WAY 44 4363 REEF ROAD SW 92 4241 WANDERING WAY 113 3401 SW MOORING LN 3 4270 REEF ROAD SW 24 4377 WANDERING WAY 45 4373 REEF ROAD SW 93 4261 WANDERING WAY 114 3395 SW MOORING LN 4 4260 REEF ROAD SW 25 4387 WANDERING WAY 46 43B3 REEF ROAD SW 94 4281 WANDERING WAY 115 33B5 SW MOORING LN 5 4250 REEF ROAD SW 26 4397 WANDERING WAY 47 4393 REEF ROAD SW 95 4291 WANDERING WAY 116 3375 SW MOORING LN 6 4240 REEF ROAD SW 27 4407 WANDERING WAY 48 3340 3350 3360 SW ANCHORAGE SW ANCHORAGE SW ANCHORAGE LN LN LN 96 4301 WANDERING WAY 117 3365 SW MOORING LN 7 4230 REEF ROAD SW 28 4390 REEF ROAD SW 49 97 4311 WANDERING WAY 118 3355 SW MOORING LN 8 4220 REEF ROAD SW 29 43BO REEF ROAD SW 50 98 4327 WANDERING WAY 119 3335 SW MOORING LN 9 3449 SW ANCHORAGE LN 30 4370 REEF ROAD SW 51 3370 3380 SW ANCHORAGE SW ANCHORAGE LN LN 99 4347 WANDERING WAY 111 1315 SW 1001ING LN 10 3439 SW ANCHORAGE LN 31 4360 REEF ROAD SW 52 100 32BO SW MOORING LN 121 3295 SW MOORING LN 11 3429 SW ANCHORAGE LN 32 4350 REEF ROAD SW 53 3390 SW ANCHORAGE LN 101 3290 SW MOORING LN 122 3265 SW MOORING LN 12 3419 SW ANCHORAGE LN 33 4340 REEF ROAD SW 54 3400 SW ANCHORAGE LN 102 3300 SW MOORING LN 152 4400 SAIL LANE SW 13 3409 SW ANCHORAGE LN 34 4330 REEF ROAD SW 55 3410 3420 3430 3440 SW ANCHORAGE SW ANCHORAGE SW ANCHORAGE SW ANCHORAGE LN LN LN LN 1 103 104 105 106 3336 SW MOORING LN 153 4410 SAIL LANE SW 14 3399 SW ANCHORAGE LN 35 4320 REEF ROAD SW 5E 3346 SW MOORING LN 154 4420 SAIL LANE SW 15 33B9 SW ANCHORAGE LN 36 4310 REEF ROAD SW 57 3356 SW MOORING LN 155 4430 SAIL LANE SW 16 3379 SW ANCHORAGE LN 37 4300 REEF ROAD SW 58 3366 SW MOORING LN 156 4440 SAIL LANE SW 17 3369 SW ANCHORAGE LN 36 4309 REEF ROAD SW 59 3450 SW ANCHORAGE LN 107 3376 SW MOORING LN 157 4450 SAIL LANE SW 18 3359 SW ANCHORAGE LN 39 4313 REEF ROAD SW 60 3460 SW ANCHORAGE LN 108 3386 SW MOORING LN 158 4460 SAIL LANE SW 19 3349 SW ANCHORAGE LN 40 4323 REEF ROAD SW 61 4210 REEF ROAD SW 109 3396 SW MOORING LN 159 4470 SAIL LANE SW 20 3345 SW ANCHORAGE LN 41 4333 REEF ROAD SW 62 4200 REEF ROAD SW 110 3406 SW MOORING LN 160 4480 SAIL LANE SW 21 3339 SW ANCHORAGE LN 42 4343 REEF ROAD SW 63 4180 REEF ROAD SW 111 3416 SW MOORING LN 16l 4490 SAIL LANE SW NOTE: LOTS 64 THROUGH 90 AND LOTS 123 THROUGH 151 ARE NOT USED IN THIS PLAT Job No. 21-111 CIVIL ENGINEERS -SURVEYORS LAND PLANNERS 4706 97th Street NW, Suite #100, Gig Harbor, WA 96335 Phone: 253-857-5454 Fax: 253-509-0044 info@contaurpllc.com SHEET 3 OF Page 104 of 176 Back to Agenda McCORMICK WOODS NORTH PHASE III, DIVISION 3 SEE SHEET 5 of 9McCORMICK VI LLAGE DRIVE 0 rn o — N04'00'41"E 695.54' m N 640,34' — �T + in i I IfI f 1I1 � N0 4'02' N0400'41E 585.27' 18E 135.WN05.42-26o F o 45.02' N04'04'33`E 370.57' an I I � ED r� co NN04 '034E 25.00' SO4'02'18"W Cu 10' SANITARY SEWER EASEMENT! r` (SEE DETAIL -G.1 u7 un m cn Z rn rn ai m c0 03,QQ4 04 Kw s�14_y sy� r3 d. 4, 0 �0 00 ,6 41� � 1, S9 0 60 120 SCALE. 1" _ 6 0' LEGEND: e = MONUMENT FOUND. = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 38965". = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. UE = UTILITY EASEMENT 50, s �02p 0 55„ ti h' [Ucn In � !� U' w w 1. 5 ' Z~.J Q E-+ � ±� L) � A cm3 in s� 35.85' bb,'�2 cn 38.04 v 50.01 ' ' N04.02' 18"E v 50.01, Cl_ w CO CL� n V mG 11 fD I Q N U ch U] cu- m m m H U H '0 SHEET 4 OF 9 f if S85'57'41'E 116.08' o cn I � rn f ur 1 jtED I Z f � � I Q / i rn Jkj ' o O f I 2 !�l I I f f 1 I 1 f I f ffl 1 1 I I 1 ! co I 1 I f TRACT FD-7 f I r f 1 m 5 w � wz m Z" I I10 o z I I f I 1 1 I I f I f f I 1 f I I�f f I 18,00' f f I f f I I f I + � I j f 25.00 ' I I 1 S85 '57 ' 42"E 3 43.Oa' rLn M CO O 6 v M 0 TRACT COS- H DETAIL "G" (1" _ 40' ) r Job No. 21-111 OUR PNG !NEE R I N G- L L C CIVIL ENGINEERS -SURVEYORS LAND PLANNERS 4706 97th Street NW, Suite #100, Sig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com R Page 105 of 176 Back to Agenda LEGEND: = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 36965". = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. sc�F.,: 'q= E N G I N E E R I N G- L L C CIVIL ENGINEERS -SURVEYORS LAND PLANNERS 4706 97th Street NW, Suite #100, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-004A into@cantourpllc.com Page 106 of 176 SHEET 5 OF 9 Back to Agenda 4, " McCORMICK WOODS NORTH PHASE III, DIVISION 3 I -7 i p= 103.38' 12" L=5D,65', 4.. 0, 00 00p1` w s� f Q D °90 • s*r c�j (-) N\ / vIll 55 20 ` Sz NOq '00 , 1. 8. 00. p cn 2 1 A3 5a 35 OE 96 °ffb o m vi CJ , 06 �� 0 O0F` m z ;sgy 35 ni / 1• s ti 0 oh' E _ 4c `9.CU �1, 1_18„E 4 No %9�78n.0E09 42cs5\ �C.q9 C. 4. 00. 4. s4 ua o s� h 9d• 96 y� �'45•,00 cu t'J Zh ,o l •t0v \ Ln� LO rQ� m +n �� f9g0�4lJ 70566, s ym •� O a •� r) a _1, lc)S. n , can r'• sv W 9 t v 1 6 D 6` 0 p 4 0 04 . vzo 1 — �10• so a9•. O� 12 or OP 9 k_19 ,w,0 ,Q 9,g 41 ` \ ooµ Cif 2 rr <9 Sr H ch +n +sfl 7 '< 4, \ O h L=44.58' !, 00. v. o U R=28. 00r� Ply ass,. p= g1.12'48' 96>\�D 6, s.�'• in SHEET 6 OF 9 SOLE: LEGEND: = MONUMENT FOUND. = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 38965" X = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET UE = UTILITY EASEMENT (***) = "3 CAR GARAGE" LOT Job No. 21-111 7 E N G I N E E R I N G- L L C CIVIL ENGINEERS -SURVEYORS LAND PLANNERS 4706 97th Street NW, Suite #100, Gig Harbor, WA 9B335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourPlic.com SHEET 6 OF 9 1 Back to Agenda McCORMICK WOODS NORTH PHASE III, DIVISION 3 TRACT FD-8 397005 SF (q4q 0�' p O,.4 6 �Y , e9 S vo\ rggO v�' oq� \ I ' •, o, L=296.46 ' /¢gplgC/ \ Qom, 0= 25 33 ' 01 `w � h. 10 h 4 CO 651gg*SF f) Lp m 7 � 4 57 SF *� o a 37 5966 SF 4' 1 z a 0.68' 105.00' c'8,�q. ��,4956457 d- S66°17'29"E 29.02' I! J �Lc ) oco SCALE: L=29.79'' iF A= A'15'4B" /P ti / co V/ 10 �•V O �� /pP Q SHEET 7 OF 9 LEGEND: e = MONUMENT FOUND. = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 38965". X = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. UE = UTILITY EASEMENT (***) 3 CAR GARAGE' LOT Job No. 21-111 i E N G I N E E R I N G- L L C CIVIL ENGINEERS -SURVEYORS LAND PLANNERS 4706 97th Street NW, Suite #100, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253--509-0044 info@contoerpllc.com Page 108 of 176 L SHEET 7 OF 9 J K I Page 109 of 176 Back to Agenda MCCORMICK WOODS NORTH PHASE III, DIVISION 3 S� S� LEGEND: = MONUMENT FOUND. = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 36965". X = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. UE = UTILITY EASEMENT /. ao ao �� Q Go p/ 30 • ti 0 50 100 �. �• �-22 °° � �� o SCALE. 1 - 50,g -,2Nr icy 1g, (.♦.. "00 �.p9 55.19 TRACT 2 COS —I °0 31 N Q,2 °� � • O1 20 0 �2 Py2�0 D 31"p0 G2� s SF IV Q.,2 r 4 F 11 152 93S p2' co 5857 SF 2 c; ss9 a' �6 a° r� F /Qo V rj / 10 69 ao // ^/ 1049.> / o 153 1 s6 5034 SF r° y FU c�6 4s, /ham •; 154 100 00, ^,� ,�v -?t1 / j�,irL / s 5000 SF / \ / ti / . / F °° 9fi 95 % 0 �r"`` 155 .00 , ti vow v/ ,41 / hL / 5000 SF / S ^h1h QJ04' ��/ �� / h / ec� 97 �<orL s 5000 SF oo/ s9 / /y 9s. /h98 0 h> 157 00, 1'0• / / / 5000 SF � o � ss9.161 99 °) �c 10 / h o� Q 0•b,* o 158 / 30 4 ,a' 5000 SF ^ ,;�q�.+,� tit° °0 • l / o0 / Sg Aw V o �' gF v, °°• mob. / �'// 9�s43"F 22 E 6o, 0 01 • � � 159 100 00. 23 ° 6 3� - A�� e��G f 5000 SF / ` .6 6 �*h 12 Q�ti O= 03 A. C0 / / ss9 c� /h�o ti'4' 24 C37 C/ 160 100 °o • ss9 + 5066 SF w 0� • 2ti a oo ,A1 ' • 1h 25 D, a 1� 1 161 s6 1fp 6221 SF 08. s6" 26 Q'2 Q''X c'g 60 ya of 27 P �, 10. B9 SEE SHEET 3 OF 9 FOR LINE TABLE, CURVE TABLE AND LOT ADDRESSES SHEET 9 OF 9 ,a��°°.p� � WANDERING WAY clu LU p,, I N82 '34 ' 55. N 65. 89 • r o Op �'4 77 51.29" rn " °�"7p o,r, l N77 ,56 E 105. 00, Sp�' z m 46"w (RgptgLt "'S. 91 92 Job No. 21-111 E N G f N E E R I N G L L C CIVIL ENGINEERS -SURVEYORS LAND PLANNERS A706 97th Street NW, Suite #100, Gig Harpor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 infokontourpllc.com SHEET 9 OF Page 110 of 176 Back to Agenda CITY OF PORT ORCHARD Development Director Office Located at 720 Prospect Street Mailing Address: 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • planning@portorchardwa.gov May 16, 2023 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for McCormick Woods North Phase III Division 3 (LU23-PLAT FINAL-01) Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the City of Port Orchard Hearing Examiner Decision dated October 20, 2010, and the subsequent major plat amendment decision issued by the City of Port Orchard Hearing Examiner on December 20, 2021. The City of Port Orchard SEPA Responsible Official issued a Determination of Non - significance for the project on October 15, 2021. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I therefore recommend approval of the final plat. Sincerely, Nicholas Bond, AICP City Development Director Page 111 of 176 CITY OF PORT ORCHARD Back to Agenda City Engineer 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-498o khammer@portorchardwa.gov www.portorchardwa.gov May 16, 2023 Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for McCormick Woods North Phase III Division 3 (LU23- PLAT FINAL-01) Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the Conditions and Mitigation Measures within the City of Port Orchard Hearing Examiner decision dated October 20, 2010, and the subsequent major plat amendment decision issued by the City of Port Orchard Hearing Examiner on December 20, 2021. The subdivision as presented complies with all terms and conditions of the approved preliminary plat that are within the authority of the Public Works Department. I also state that the City of Port Orchard has confirmed that it has sufficient sewage disposal and water supply, pursuant to the completion of the McCormick Sewerage Lift Stations No. 1 and No. 2 Agreement as outlined in the 2018 City of Port Orchard McCormick Woods Lift Stations No. 1 and No.2 Agreement. With regard to water supply capacity, the development is located within the City of Bremerton's Retail Water Service Area. Finally, the final plat documents have been reviewed, and I have confirmed that all working drawings and specifications for the improvements have been prepared in conformance with City standards and that all required improvements are either complete and accepted, or that a Performance Bond has been established for all unfinished/or unaccepted work. I therefore recommend approval of the final plat for Phase 3. If you should have any questions, or need additional information, please feel free to contact me at this office. Sincerely, K. Chris Hammer, PE, PMP City Engineer Page 112 of 176 Back to Agenda CITY OF PORT ORCHARD LANDSCAPE PERFORMANCE BOND Name of Project McCormick North Phase 111- Division 3 Project Location North of SW Yarrow Street and West of McCormick Village Drive Project/Application # PW21-050, 051 Performance Bond Amount $ 292.942.09 Bond # 0825441 Know all men by these presents: That whereas the City of Port Orchard, State of Washington has issued a permit to McCormick Development Corp {Contractor} hereinafter designated as the "Principal" a permit for the construction of the project designated McCormick North Phase III - Division 3 , Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the tetras of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and iHarco National Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Illinois , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of. - Two Hundred Ninety -Two Thousand_ Nine Hundred Forty -Two and 09/1 a0 Dollars k$ 292,942.09 150% Total Contract Amount - lawtu[ money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any claims relating to defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract. Once the work has been completed and accepted by the City of Port Orchard this Performance Bond will be released and replaced with a 2 year Maintenance Bond not to exceed the sum of: Two Hundred F"-Four Thousand One Hundred eighteen and 43M00 Dollars {$ 244.118.43 } 125% Total Contract Amount. This hold harmless and indemnification agreement shall survive the expiration of this bond. City of Port Orchard Landscape Performance Bond Page 1 of 2 Page 113 of 176 Back to Agenda And the said Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this Sth day of May , 20 23 . Sure By gnat Jim S. Kvich Print Name Authorized Signatory Attorney-inIact Title Title 805 Kirkland Ave. Suite 200 Mailing Address WA 98033 City, State, Zip Code PO Box 3018 Mailing Address Bot;he#[, WA 98041-3018 City, State, Zip Cade (425) 894-6382 (425)489-4500 Phone Number Phone Number nick@cordillerainc.com j'tm.ku'sch�a huhinternationai.com Email Address Email Address Accept City of Port this By - Signature Printed Name Title City of Port Orchard Landscape Performance Bond 1 ` day of , 20E!� Page 2 of 2 Page 114 of 176 Back to Agenda �X f G STATE OF NEW JERSEY STATE CF ILLINCIS County of Essex County of Cook � Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of ]AT Insurance Group, Headquartered; 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS! That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illlnols, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principa! offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby Constitute and appoint JIM S, KUICH, SARAH H. BEHRENS, EMMA C. DOLESHEL, NATALIE C. CHAU, HEATHER L. ALLEN, ANDY FRILL, THERESA A. LAMB, STEVE WAGNER, MICHAEL A. MURPHY, JIM W. DOYLE, CHAT] M. EPPLE Bothell, WA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and an its behalf as surety, any and all bands and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such Instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2418. "RESOLVED, that t1) the Chief Executive Officer, President, Executive Vice President. Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke tha appointments of, Attorneys -in -Fact or agents with power and authorfty as defined or limited in their respectfve powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certfficatlon given far the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation In the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of DeCemher, 2fl21 �y SEAL;=a %vd+;�lwD�°'ft� On this 31st day of December, 2021 , before me came the Individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he Is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seats of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies, % A IF, IF, + IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, G New Jersey the day and year first above written, @ eop N. Y Y Y Q 300'tBA1 • 1�� v i �kl:,.�j�5�+` 5hireile A. Outlet' a Notary Public of New Jersey ' My Commission Expires April 4, 2423 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the Sy -Laws of said Companies as set forth in said Power of Attorney, with the originals on file In the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, �r AD1 03 8 Y Page 115 of 176 Irene Martins, Assistant Secretary Back to Agenda Page 116 of 176 VTEUFEL Contractor Cordillera Groiop Teufel EWO# SIGNATURE: McCormick Woods Div. 3 CHANGE ORDER REQUEST Teufel Nursery, Inc. Contract OF I Change Drder #� 7oufel Johlf Plant Material installed value McCormick Woods Div. 3 Descri ption of Work Quantily Unit Rate Total $0.00 sv.nv sv.vv sv.aa Other Ex errse Sublotal alWh more sheets d necessaro S0.00 Other Overhead & Profr @ IS / Lper Contrarl $0.00 Other Expe ns Total S0.00 CHANGE REQUEST SUBTOTAL: $195,294.73 Sales Tax EXCLUDED $195.294.73 BOND O 0 % [if appitcable]: $0,00 CHANGE REQUEST GRAND TOTAL! 5195 294.73 DATE: Name and Tltle jenda Page 117 of 176 Back to Agenda Page 118 of 176 Back to Agenda BILL OF SALE THIS BILL OF SALE is made and executed this �'o day of MAY , 20 z3 , by and between _McCormick Development Corp , a Washington Limited Liability Corporation, hereinafter called the "Grantor" and the City of Port Orchard, a Municipal Corporation, hereinafter called the "Grantee." WITNESSETH: That the Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the City of Port Orchard ownership in the following described personal property situated in Kitsap County, State of Washington, and installed by the Grantor to date, TO WIT: Public sewer mains and public road and storm improvements and associated appurtenances constructed on -site at the McCormick North Phase Ili ❑ivision 3 protect located on parcels 5695- 000-082-0000 and 5695-000-081-0001 and 042301-3-011-2005. These improvements are further described in Exhibit A and itemized in Exhibit B both of which are attached hereto and incorporate herein by this reference. The Grantor hereby warrants that it is the lawful and sole owner of all the personal property above conveyed, that such items are free from all liens and encumbrances, that the Grantor has the full power to convey and transfer the same, and that the Grantor will defend the same against the claims and demands of any and all persons lawfully making claims thereto. The Grantor further warrants that the execution of this Bill of Sale is an authorized act of said Grantor_ Dated at �'!1 i(e4<,L1" Washington, this � � day of 20aL WA 1 am trey G McC rnic Development Corp) Notary Public By State of Washington My Appointment Expires 4/1812026 Its: U orized Sin o Commission Number 22017366 Print Na e: James N Tosti PASilrely fomis%M11 of Sainappmved ey limnm AItylRiII of SOu - W Iut Form Page 119 of 176 Back to Agenda [Remainder of page intentionally left blank] P:lSurety fvmis\BHI of Solelapproyed by Irnerim Atty16i11 of Sale - Master Form Page 120 of 176 Back to Agenda STATE OF WASHINGTON }ss COUNTYOF On this g-64� day of I"rn•t , 2013, before me personally appeared -rAtAcs, 7,1s7-T , to me known to be the managing member for c��-.� cfcv��a�'�.► c'6�r' , a limited liability corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this F a- day of IA tY , 20 �� William Huey Notary Public State of Washington My Appointment Expires 411812026 Commission Number 22017366 Notary I'uicin and far the State of Washington, residing in My commission expires Gr /err( ZG Dated at Port Orchard, Washington, this day of , 20_ CITY OF PORT ORCHARD Rob Putaansuu, Mayor STATE OF WASHINGTON )ss COUNTY OF KITSAP } On this day and year above personally appeared before me, Rob Putaansuu, who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned, and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of 20 Notary Public in and for the State of Washington, residing in My commission expires PASurery forrkigT111 of Salelmppwved by Interim My%M11 of SnIe - MWer Form Page 121 of 176 Back to Agenda Exhibit A List of Required Improvements The following provides a general description of the improvements conveyed under this Bill of Sale related to the "McCormick Woods North Phase III Division 3" project as shown in the approved construction plans prepared by Contour Engineering LLC with the City approval dated 4.11.22. 1.) Specific improvements conveyed under this Bill of Sole include the following elements found within this approved construction drawings set as follows. a. Public sewer main extension, associated manholes and appurtenances within the plat as shown on below plan sheets I. C5g-C69 b. Public road and storm improvements associated structures and appurtenances within the plot as shown on below plan streets. i. C27-C44.1 The items, quantity and value of the improvements described above and conveyed under this Bill of Sale are presented in Exhibit B and are associated with City of Port Orchard Permit #s PW21-054 and PW21-051. Page 122 of 176 Back to Agenda EXHIBIT B Office (253) 604-7200 pd Fax (253) 251-8999 uNrAeEroe ]5 .rnde�velopment.cotn To: The Cordillera Group Engineer: Contour Engineering LLC Attn: Mr. Nick Tosti 805 Kirkland Ave, Suite 200 Plans: Civil: Plans dated 4-11-22 Kirkland, W4 98033 Date: 4-May-23 Project: McCormick North Phase 11I: Div. 3 Project #: 29130 Addeudutns: NIA Revision #: 3 Geotech Report: JV/A 78 80 82 84 86 88 92 94 98 100 102 104 106 108 110 1.12 114 115 116 117 118 140 142 144 146 147 148 ` 150 154 156 158 160 McCormick North III - DIV. 3 toile Dw Quall Unittc ]PYA0 Road Grading & Construction- Public Sawcut & Demo Existing Asphalt Fine Grade Roadway Fine Grade Sidewalks/Driveways/Path Fine tirade Curb Fine Grade Planter Strip Fine Grade Ditch (TopsoillLandwape by Others) Concrete Railed Curb & Gutter Concrete Vertical Curb & Gutter Asphalt Thickened Edge Concrete Sidewalks (4") Concrete Driveways (6") Rip Rap Pad (Curb Depression Inlets) Handicap/Transition Ramps Fine Grade & Place Gravel Base Fine Grade & Place CSTC Asphalt Paying- 3" HMA Cl 112" Asphalt Paving- 4" HMA C1 112" Asphalt Paving- 3" (Pathway) Survey Monuments Bollards Channelixation & Signage Total Road Grading & Construction- Public 580 LF $8.00 141,930 SF $0.15 65,805 SF $1.15 8,425 LF $3.25 875 SF $0.60 36250 SF $1.65 6,755 LF $16.30 1,670 LF $14.70 1310 LF $3.50 10,070 SF $4.30 40,440 SF $5.15 32 EA $300.00 24 EA $900.00 4,280 TON $32.00 4,825 TON $30.00 2,160 TON $105.00 985 TON $105.00 300 TON $150.00 36 EA $525.00 3 EA $990.00 1 LS $30,500.00 Sanitary Sewer System Connect To Existing 4" PVC SDR-35 Side Sewer 6" PVC SDR-35 Side Sewer 8" PVC SDR-35 Sewer 6" DI Wall Sleeve 48" SSMH (WI GU Liner) 48" SSMH Type III (Coated WI GU Liner) Mainline Cleanouis Side Sewer Cleanouts Raise Manhole To Final Grade (I-Lift) Concrete Collar Total Sanitary Sewer System 1 EA $3,500.00 1465 LF $31.50 2,820 LF $33.00 4,362 LF $40.00 20 LF $70.00 38 EA $7,800.00 3 EA $15,300.00 2 EA $580.00 108 BA $395,00 36 EA $625.00 13 EA $400.00 Sewer Lift Station & Force Main Tate, $4,640.00 $21,299.50 $75,675.75 $27,381.25 $525.00 $59,812.50 $110,106.50 $24,549.00 $4,585.00 $43,301.00 $208,266.00 $9,600.00 $21,600.00 $136,960.00 $144,750.00 $226,800.00 $103,425.00 $45,000.00 $1 R,900.00 $2,970.00 $30,500,00 $1,320,636.50 $3,500.00 $46,147,50 $93,060.00 $174,480.00 $1,400.00 $296,400.00 $45,900.00 $1,160.00 $42,660.00 $22,500.00 $5,200.00 $732,407,50 164 4" HDPE SDR1 I Force -Main Page 123 of 176 1505 LF $36.35 $54,706.75 Back to Agenda EXHIBIT B Office (253) 604-7200 Fax (253) 251-8999 CIVIL CONiAACiQA www.lpdcvdQ=nt.com To: The Cordillera Group Engineer: Contour Engineering LLC Attn: Mr. Nick Tosti 805 Kirkland Ave, Suite 200 Plans: Civil; Plans dated 4-11-22 Kirkland, WA 98033 Date: 4-May-23 Project: McCormick North Phase I I I: Div. 3 Project 4: 29130 Addendums: NIA Revision #: 3 Geotech Report: NIA 166 182 183 184 186 188 192 194 198 198 200 204 206 208 210 211 212 217 218 219 Lift Station (Labor & Equipment - NO ROMTEC) 1 LS $425,000.00 Romtec Lift Station Contract I LS $593,073.63 Total Lift Station & Force Main Connect To Existing 6" ADS CPEP Storm 8" DIP C1-50 Stone 8" ADS CPEP Storm 12" DIP CI-50 Storm I2" ADS CPEP Stomi 18" ADS CPEP Storm 24" ADS CPEP Storm 30" ADS CPEP Storm 36" ADS CPEP Storm Rip Rap Pad & Trash Rack Catch Basin Type I Catch Basin Type IL Catch Basin Type II 48" Catch Basin Type II 54" Catch Basin Type IT 60" Raise Catch Basin To Final Grade (I -Lift) Concrete Collar Temporary Concrete Collar & Solid Lid Total Storm System- Public SILL OF SALE: SUB -TOTAL »»> SALES T,4Jk - 9.02% >a»> BILL OF SALE: TOTAL »»> limps uparked * are Taxable Storm Sysfeni- Public I EA $3,500.00 43 LF $35.50 509 LF $72.00 51 LF $37.00 356 LF $83.00 833 LF $45.00 1730 LF $72.40 889 LF $127.00 49 LF $176.50 458 LF $209.25 7 EA $2,650.00 26 EA $1,100.00 21 EA $1,400.00 16 EA $2,925.00 1 EA $5,400.00 5 EA $5,800.00 3 EA $625.00 4 EA $400.00 13 EA $700.00 $425,000.00 $593,073.63 $1,072,780.38 $3,500.00 $1,526.50 $36,648.00 $1,887.00 $29,548.00 $37,485.00 $125,252.00 $112,903.00 $8,648.50 $95.836.50 $18,550.00 $28,600.00 $29,400.00 $46,800.00 $5,400.00 $29,000A0 $1,875.00 $1,600.00 $9,100.00 $623,559.50 53,749,383.88 $166,077.28 $3,915,461.16 Page 124 of 176 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Subject: Adoption of a Resolution Approving a Contract with Olson Brothers Pro -Vac LLC for the 2023 Back to Agenda Meeting Date: May 23, 2023 Prepared by: Tony Lang Stormwater Catch Basin and Pipe Atty Routing No: Maintenance Project Atty Review Date; Public Works Director 366922-0009 May 17, 2023 Summary: The City is required by the Department of Ecology to inspect and clean catch basins and associated piping throughout the City on a regular basis. Due to limited in-house capacity and expertise, the City requires the services of a qualified contractor to perform the associated work. By this Resolution, the City Council will authorize the Mayor to execute a contract with Olson Brothers Pro -Vac LLC for the 2023 Stormwater Catch Basin and Pipe Maintenance Project (the "Project"). To select Olson Brothers Pro -Vac LLC, on April 24, 2023, Public Works staff established a list of qualified contractors from the 2023 MRSC Small Works Roster for the Main Category — Storm Drainage Facility Construction, Repair and Maintenance and Sub -Category — Catch Basin Cleaning/Vectoring/Jet Rodding, to perform the 2023 Stormwater Catch Basin and Pipe Maintenance Project. A copy of that list of qualified contractors is attached to the Resolution as Exhibit A. On April 24, 2023, and pursuant to Resolution No. 036-22, as amended (see Section 5 — Bid Procedures), the City's Public Works Department emailed an Invitation to Bid for the Project to ten (10) qualified contractors on the list. One (1) bid was received by the May 9, 2023, 2:00 pm deadline, at which time Olson Brothers Pro -Vac LLC was deemed the presumed responsive and qualified low bidder. The final bid amounts were as follows: Name of Contractor Bid Total Olson Brothers Pro -Vac LLC $76,214.78 On May 9, 2023, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and determined that the Olson Brothers Pro -Vac LLC's bid of $76,214.78 (applicable tax included) was the lowest qualified bid. The Public Works Department has confirmed that the bidding procedures for Public Works have been followed. Recommendation: Staff recommends that the City Council adopt a Resolution, authorizing the Mayor to execute a Contract with Olson Brothers Pro -Vac LLC for the 2023 Stormwater Catch Basin and Pipe Maintenance Project in the amount of $76,214.78. Relationship to Comprehensive Plan: Utilities — Stormwater Page 125 of 176 Back to Agenda Business Item 7E Page 2 of 2 Motion for Consideration: I move to adopt a resolution, authorizing the Mayor to execute a Contract with Olson Brothers Pro -Vac, LLC for the 2023 Stormwater Catch Basin and Pipe Maintenance Project in the amount of $76,214.78. Fiscal Impact: The 2023-2024 Biennial Budget allocated $170,000.00 for this activity. (421.05.531.20.40) Alternatives: Do not approve and provide further guidance. Attachments: Resolution Ex A- MRSC Small Works Roster Small Works Contract Page 126 of 176 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING A SMALL WORKS CONTRACT WITH OLSON BROTHERS PRO -VAC LLC FOR THE 2023 STORMWATER CATCH BASIN AND PIPE MAINTENANCE PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT [U.T914 1112*13 WHEREAS, the City is required by the Department of Ecology to inspect and clean catch basins and associated piping throughout the City on a regular basis, and due to limited in-house capacity, requires the services of a qualified contractor to perform the associated work; and WHEREAS, City Staff identified the scope of work for the 2023 Stormwater Catch Basin and Pipe Maintenance Project (the "Project") —to meet Ecology's requirements; and WHEREAS, as performed annually since 2013, the Municipal Research and Services Center of Washington (MRSC) solicited on behalf of participating local government agencies within Washington State (including the City of Port Orchard) for the 2023 MRSC Small Public Works Roster for small public works projects, like the Project; and WHEREAS, on April 24, 2023, pursuant to RCW 39.04.155, the City's Public Works Department established a roster of qualified contractors for this project from the 2023 MRSC Small Works Roster (see Exhibit A attached) for the Main Category — Storm Drainage Facility Construction, Repair and Maintenance and Sub -Category — Catch Basin Cleaning/Vectoring/Jet Rodding; and WHEREAS, on April 24, 2023, and pursuant to Resolution No. 036-22, as amended, at Section 5.0 Bid Procedures, the City's Public Works Department issued an email Invitation to Bid for 2023 Stormwater Catch Basin and Pipe Maintenance Project to ten (10) contractors on the selected roster; and WHEREAS, on May 9, 2023, the City's Public Works Department received one (1) bid by the 2:00 pm deadline from Olson Brothers Pro -Vac LLC, and staff reviewed and confirmed Olson Brothers Pro -Vac LLC provided the lowest, qualified proposal for the Project; and WHEREAS, on May 9, 2023, City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist for Olson Brothers Pro -Vac LLC and confirmed the company was the lowest qualified, responsive and responsible vendor; 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 127 of 176 Back to Agenda Resolution No. _ Page 2of2 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 Contract with Olson Brothers Pro -Vac LLC for the 2023 Stormwater Catch Basin and Pipe Maintenance Project. 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 23rd day of May 2023. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 128 of 176 Exhibit A Back to Agenda Public Agency Name: City of Port Orchard Roster Type: Small Works Roster Date: 04/24/2023 Time: 09:23 am Main -Category: Storm Drainage Facility Construction, Repair, and Maintenance Sub-Cateqorv: Catch Basin CleaninciNactorinq/let Roddina Small Works Roster Businesses: A- Advanced Septic & Construction AAA Sweeping LLC A Action Group Utilities, Inc. Advanced Pipe Lining Technology LLC all county rooter Allied Trenchless Anderson Environmental Contracting, LLC. Aqualis Archer Construction Badger Daylighting Corp. Baker Underground & Construction, LLC Big Sky Industrial Services Blue Mountain Construction Group, LLC Bravo Environmental NW, Inc. BRUMFIELD CONSTRUCTION, INC C. Denney Construction Cannon Construction LLC Cannon Constructors LLC. Canyon Ridge Construct Catchall Environmental CCT Construction, Inc Central Paving LLC Clark And Sons Excavating INC Coating Specialty LLC Columbia Pumping & Construction Inc. Core Tap Construction LLC DallumBuildCompany LLC dba Cowlitz Clean Sweep, PNE Construction & Advanced Electrical Technologies dba Parker Pacific Excavation Deacon Construction LLC DH Environmental, Inc. Diversified Construction and Consulting, LLC Drain -Pro, Inc. Dynamic Sewer & Drain Edge West LLC Empire Well Drilling LLC Evergreen Excavating LLC Exo Contracting Extreme Excavation FORMA Construction Company FPH Construction, Inc. GeoTest Services, Inc. Glacier Works, LLC Graymar Environmental Services, Inc Green Field Services, Inc HCP Development Hi Grade Asphalt & Seal Coat Inc Huber General Contractors Inc Inland Company Insta-Pipe, Inc Interwest Construction Inc. Iron Creek Construction LLC Iron Horse LLC J A Morris Construction JTI Commercial Services Judha of Lion Landscaping and Services Page 129 of 176 Back to Agenda Kar-Vel Construction KCL Excavating Inc Key Peninsula Construction, LLC Langsholt Contracting Inc LaVelle Vac & Drainage Legionary Handyman, LLC M & L Construction Inc Mainline Excavating IIc Merriman Contracting LLC MICHELS TRENCHLESS INC MiclMountain Contractors Inc Molecular Inc Mt. View Locating Services, LLC Nordvind Company Northern Environmental LLC Northwest Cascade, Inc. Northwest Infrastructure N P M Construction Co. NRC Environmental Services Inc. NW Construction General Contracting, Inc. Nys Enterprises Ohno Construction Company Olson Brothers Excavating Olson Environmental LLC Pacific Cable Const Inc Pacific Surveying and Engineering Services Pacific Trenchless inc/Budget Sewer Pipeline Video Inspection LLC PrimeCore Contracting LLC Pro -Vac, LLC Puget Paving & Construction, Inc. Puget Power Washing LLC Rains Contracting Inc Reece Construction Company ROGNLINS INC. Rotschy, Inc. S.E.A. Construction LLC SERVPRO Disaster Recovery Team SETON CONSTRUCTION INC. Shoreline Construction Co SJ Environmental, LLC Sounder Diving LLC Spokane Environmental Solutions,LLC Stateline LLC Stellar J Corporation Strickland & Sons Excavation LLC Stumpy Tree Service Summerhill Inspections, LLC Sun Coast Environmental NW Inc. Swick & Son Enterprises Inc Swofford Excavating Tastad Construction Inc. Taylor pro LLC TJR Steel Construction LLC TKK,LLC Transblue Travers Electric TRICO Companies, LLC Trinity Contractors Inc. Tunista Construction, LLC. UTILIGI Ventilation Power Cleaning, Inc. Vortex Services LLC Washington Earthworks Page 130 of 176 Back to Agenda Welwest Construction Inc. Western States Construction, Inc. Western United Civil Group LLC Westwood Company LLC WFS Environmental, Inc Whirlwind Clean & Green Wolfs kiIIconstruction, Ilc Zephyr's Inc. Page 131 of 176 Back to Agenda at and at CITY OF PORT ORCHARD SMALL WORKS OVER 35K CONSTRUCTION CONTRACT NO. PUBLIC WORKS PROJECT NO. PW2023-011 THIS Agreement is made effective as of the 23rd day of May, 2023, by and between CITY OF PORT ORCHARD, WASHINGTON, ("CITY"), a Washington municipal corporation located 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone:360.876.4407 Fax: 360.895.9029 Olson Brothers Pro -Vac, LLC ("CONTRACTOR"), a Washington limited liability company located 2412 Inter Ave Puyallup, WA 98372 Contact: Jay Fox Phone: (253) 425-4328 Email: jay.fox@pro-vac.com (253)435-4328 for the following Project: ?_ 2023 Stormwater Catch Basin and Pipe Maintenance ("PROJECT") In consideration of the mutual benefits to both parties, both Parties agree to the following: AGREEMENT: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. 2018 International Building Code (IBC) and 2018 Energy Code Compliance; e. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; f. Public Works Terms and Conditions; g. Insurance and Bonding Requirements; h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-g; i. 2019 Public Works Engineering Standards; j. Appendix A: Non -Discrimination Statutes and Authorities. City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 132 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda k. The bid proposal submitted by the contractor, except when inconsistent with Contract documents a-j All of the above listed Contract Documents are each made exhibits to this Agreement and are incorporated into the Agreement as if set forth in full. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be May 29, 2023. The Contractor shall substantially complete the Work not later than September 2, 2023, subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. Contractor represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. Subject to additions and deductions by change order, the construction maximum payment is the base bid amount of $76,214.78 (applicable sales tax included) (hereinafter "Contract Sum"). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. S. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. The Contractor warrants that it is licensed and authorized to do business under the laws of the State of Washington and has not been suspended or debarred in the past three (3) years. 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by Contractor, Contractor's employees, sub -contractors. 7. The Contractor does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. Such agreement shall be binding upon Contractor's heirs, executors, administrators, successors, and assigns. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. 9. 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 City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 133 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure 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 Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: a) 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 Agreement. b) Nondiscrimination: The Contractor, 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 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, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. c) 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 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. d) 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. e) Sanctions for Noncompliance: In the event of the Contractor'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 Contractor under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. f) Incorporation of Provisions: The Contractor will include the provisions of paragraphs 9.a through 9.f 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 City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 134 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda 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. 10. 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. 11. 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 5111� 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. Contractor work is deemed complete at time of service and does not adhere to any warranty provisions. 12. 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. City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 135 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda 13. 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 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. City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 136 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD Robert Putaansuu, Mayor ATTEST/AUTHENTICATE: Brandy Wallace, MMC, City Clerk Charlotte A. Archer, City Attorney CONTRACTOR By: Jay Fox Its: Division Manager City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 137 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda CERTIFICATE AS TO CORPORATE PRINCIPAL 1, Ivan Lisanets (Corporate Officer (Not Contract Signer)) certify that I am the Controller (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that Jay Fox , (Contract Signer) who signed said Agreement on behalf of the Contractor, was then Division Manager (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Seal Corp. officer signature (not contract signer) Ivan Lisanets Printed Controller Title State of Washington ) ) ss County of Pierce ) Ivan Lisanets , (corporate officer (not contract signer)) being duly sworn, deposes and says that they are Controller (Corporate Title) of Olson Brothers Pro -Vac, LLC (Name of Corporation) Subscribed and sworn to before me this 18th day of May , 20 23 Notary Public (Signature) Amanda R. Punsalan Notary Public (Print) My commission expires 10/12/2025 City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 138 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities, and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall submit -- on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of Labor and Industries (See link City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 139 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda below.) Following the final acceptance of the project, the Contractor must submit -- on behalf of itself and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/defauIt.asp for Washington State Prevailing Wage rates. 6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 8. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 9. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. 11. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 12. CONTRACT: The Contract Documents ("Contract"), when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 13. 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 City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 140 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda 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 13 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. 14. 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. 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. City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 141 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda 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). 15. 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. 16. 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. 17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state, or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability, or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 18. 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. 19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 142 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re - procuring similar products or services; 3) for convenience of the City; or 4) by the City for non - appropriation of funds. a) 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. b) 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. c) 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. 20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 21. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 22. RETAINAGE: Unless the City waives the retainage requirement in accordance with RCW 39.04.155(2)(f), the City shall, pursuant to the requirements of RCW 60.28.011, retain five percent (5%) of the monies earned under this Contract, which shall be maintained by the City according to the Contractor's requested method. 23. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 143 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 144 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City, insurance as described herein, without interruption from commencement of the Contractor's work through the term of the contract and for thirty (30) days after the physical completion date, unless otherwise indicated herein. Such insurance shall be 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, their agents, representatives, employees and subcontractors and shall meet the requirements herein. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein 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. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • 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. • 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 or an equivalent endorsement. 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 by endorsement as an additional 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. • Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. • Employers' Liability coverage to include bodily injury, and bodily injury by disease. Employers Liability coverage may be included in the Contractor's General Liability Coverage or as a stand- alone policy. • Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub - subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings, and debris removal. The 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 of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 145 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda • Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit $1,000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. • 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. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. • Workers' Compensation insurance as required by the State of Washington. • Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. 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: • 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. • If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period shall be provided to the City. 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. Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub - subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 146 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda Section of the Contract or other property insurance applicable to the work. The Contractor'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. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL Verification of Coverage. The Contractor 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 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. 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. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been provided to the City. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 147 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT BOND OR ADDITIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150,000 OR LESS —RCW 39.08.010) NOTE 1: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. NOTE 2: ^r „ eGSe 4 the 10% „tGinGgA Warranty/Maintenance Bond is waived. 1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. In addition, the Contractor elects to (select one): (1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. X (2) Have the City retain, in lieu of the performance and payment bonds, an additional 5% for a total of ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue, the employment security department and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. (RCW 39.08.010) In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. o ractor Signature Date 5/18/2023 Bond No. N/A City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 148 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda PERFORMANCE AND PAYMENT BOND Cal II V9932Z01. t03.101:/_1:1p7 2023 STORMWATER CATCH BASIN & PIPE MAINTENANCE PUBLIC WORKS PROJECT NO. PW2023-011 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 2023 Stormwater Catch Basin & Pipe Maintenance, Project No. PW2023- 011 ("Project"). The initial penal sum shall equal 100 percent of the Total Bid Price, including 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, its heirs, executors, administrators, successors, or assigns: • 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 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. City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 149 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. 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 Signature of Authorized Official By Printed Name and Title Name and address of local office of Agent and/or Surety Company: Surety Signature of Authorized Official By Attorney in Fact (Attach Power of Attorney) 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. City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 150 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance 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): ❑ of , the corporation, ❑ of , the partnership, ❑ individual, that executed the foregoing instrument to be the free and voluntary act and deed of said ❑ corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Seal with Ink Stamp Dated: Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 151 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance 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 they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Dated: Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: My Commission expires: Notary Seal with Ink Stamp City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 152 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND - WAIVED (Note: Contractor will be required to provide a two-year warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage.) PROJECT #, PERMIT #, CONTRACT # SURETY BOND #: DATE POSTED: EXPIRATION DATE: PW2023-011 RE: Project Name: 2023 Stormwater Catch Basin & Pipe Maintenance 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% 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, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 153 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda 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 shall leave the same in as good condition 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: 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. 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 City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 154 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda 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) (Signature must be notarized) By: By Its Its Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD By: Date: Its Public Works Director CHECK FOR ATTACHED NOTARY SIGNATURE Developer/Owner (Form P-1) Surety Company (Form P-2) City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 155 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda FORM P-1 / NOTARY BLOCK (Developer/Owner) STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) 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 they signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 156 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda FORM P-2 / NOTARY BLOCK (Surety Company) 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 they signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 157 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Back to Agenda APPENDIX A During the performance of this Agreement, 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 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 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 Olson Brothers Pro -Vac, LLC Public Works Project No. PW2023-011 Page 158 of 176 Rev. IBDR 4-2022 2023 Stormwater Catch Basin & Pipe Maintenance Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7F Agenda Staff Report Subject: Approval of Road Closures for a Special Event: Mustangs on the Waterfront Meeting Date: Prepared by: Atty Routing No: Atty Review Date Back to Agenda May 23, 2023 Brandy Wallace, MMC City Clerk N/A N/A Summary: Staff received a special event application for the Mustangs on the Waterfront, a car show, scheduled for Sunday, July 30, 2023. The application state's the following: EVENT: Mustangs on the Waterfront TYPE: Car Show DATE: Sunday, July 30, 2023 TIME: Setup starts at 5:00am, open to public at 7:30am until 4:30pm, cleanup to be completed by 5:30pm LOCATION: Downtown Port Orchard waterfront parking lots 1, 2, 3, 4, and 7 CLOSURE(S): Harrison Avenue; Orchard Avenue, Frederick Street from Bay Street/SR166 to waterfront; and Sidney Avenue from Bay Street/SR166 to waterfront. The required notice, pursuant to POMC 5.94.050(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 received one written comment addressing their concerns regarding this event taking place. The concern is from a local business stating that the event greatly impacts parking, as well as their employees ability to get to work. Staff and outside agencies have reviewed the application and are working towards ensuring public safety measures and traffic control are in place. 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 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. Page 159 of 176 Back to Agenda Business Item 7F Page 2 of 2 Motion for consideration: I move to approve the road closures for Mustangs on the Waterfront, scheduled for Sunday, July 30, 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. Comment from a concerned business Page 160 of 176 Back to Agenda SPECIAL EVENT PERMIT APPLICATION �I3 r (PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) C17�-0F STANDARD PROCESSING FEE: $50.00 C17)' O�FOR S ()O�OHARo �Frc1 1 Event Overview Name of event: Mustangs on the Waterfront Location of event: Port Orchard Waterftong Type of Event: Festival DNalk/Run Parade Vendor Fair Concert ❑ Block Party Other: car show Event or Organization Website: www.kitsapmustangclub.org Description of event: This event is Kitsap Mustang Club's car show and our 35th annual show. The car show is the last Sunday in July, named and has become known as "Mustangs on the Waterfront" after relocating to the beautiful and scenic Port Orchard waterfront in July 1991. This event attracts car enthusiasts, show participants, and welcomes spectators to come and enjoy the cars. Many who support local businesses, use lodging in Port Orchard and throughout the community. Event Details Set Up Starts: Take Down Complete: Start Day: Start Date: Start Time: End Day: End Date' End Time: July 30, 2023 July 30, 2023 [5:30 am July 30, 2023 July 30, 2023 5:30 pm Event Dates/Times: Indicate Dates/Times OPEN to attendees Expected Daily Attendance: Sunday, July 2023 7:30 am to 4:30 pm Participants Spectators volunteers/staff Day: Date: Start Time: End Time: 350 600 50 Sunday 7/30/2023 7:30 14:30 Day: Date: Start Time: { End Time: Day: i Date: i Start Time: I End Time: Additional details: (attach additional pages as needed for additional days or details) Page 161 of 176 City of Port Orchard I Special Event Application Revised 111012023 Page 3 of 12 Back to Agenda Admission Fees: Does your event require a paid fee for participants and/or spectators? UYes t NO Does your event require minimum or suggested donation for participants and/or spectators? (es Admission/participation fee/ suggest donations amount(s): Car show participants $20 preregistration, $25 day of show. Spectators no charge. Organization Information* Name of Organization: Kitsap Mustang Club Do you have an active City Business License? �es I �/�No What is your UBI number? Point of Contact Name: Susan Stadshaug Street Address: City: Tracyton Phone:3606205864 Mailing Address: (if different from street address) State: WAI Zip: 98393 1 City: State: i Zip: Alternate Phone: 3606921749 1 Email: mustangsonthewaterfront@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)? RI Yes 7 No❑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. Gazebo to Kitsap Bank, Frederick St (Bay St to city/port parking), Harrison St (Peninsula feed ti Parking map highlighted w/details. Work together with businesses directly affected.on show day. City of Port Orchard I Special Event Application Page 162 of 176 Revised 111012023 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)? If yes, which highway: ❑Bay Street/SR 166 F]Sedgwick Road ❑Yes Fv-]No 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: i 5: WWW.WSCjuI.Wd. ov car3tact 24efits 5 JeCidi ieitt . CITY PROPERTYfSTREETS (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? es 1JNo 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 Eantral Park n Livens 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): N/A Page 163 of 176 City of Port Orchard I Special Event Application Revised 111012023 Page 5 of 12 Back to Agenda Street(s): Frederick Street (Bay St to water), Sidney Avenue (Bay St to water) Harrison (parking lot to water) 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. 1-1 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: Point of Contact Name: Phone. I Alternate Phone: I Email: Details of Closure(s): Street Name: Between And Start Date: Start Time: End Date: End Time: cross streetI— I Frederick street Bay St to water N/A 7/30/2023 5:30 am 7/30/2023 5:30 pm Sidney Avenue Bay St to water N/A 7/30/2023 5:30 am 7/30/2023 5:30 pm Harrison street parking lot to wtr N/A 7/30/2023 5:30 am j 7/30/2023 5:30 pm Additional details: (attach additional pages as needed for more streets and/or more details about use.) End time maybe be earlier as car show participants start vacating these areas at end of awards. City of Port Orchard I Special Event Application Revised 111012023 Page 6 of 12 Page 164 of 176 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.sov/ for additional information and to apply for the appropriate license / Permit. Will alcohol be sold or consumed at your event?❑yes* Fv 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 temporary food establishment permit. Visit their website at https://kitsapoublichealth.ora/FoodSafety/foodyendors.pli . or call (360) 728-2235 for information. Will your event have any food service and/or sales?❑✓ Yes Do If yes, how many: 3-4 inc. food trucks Will your event have professional catering? Des R Vo If yes, how many: Will your event have food truck(s)? kYes Do If yes, how many: 2 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 Applicatia. Garbage and Recycling Collection Stations: How many bins are you providing as collection containers at your event? Recycle Garbage Will you manage your own recycling and garbage collection or will it be managed by a vendor? Self -Hauls t/ Yes I INo List vendor/company, if applicable: Detail your plan for waste management within the event area and surrounding neighborhood: Existing Port and City receptacles used. Recycling (boxes, cardboard, etc.) self -haul. City of Port Orchard I Special Event Application Revised 111012023 Page 7 of 12 Page 165 of 176 Back to Agenda Restrooms Prove the number of restrooms that will be available to the public for your event: 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 240 250 to 499 3 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 50 Master Multi -Vendor Event License Will your event have vendors?❑✓ 1(es DNo 3 or less If so, how many anticipated exhibitors/vendors will be at your event? If so, will they be selling merchandise and/or food? Flyes ao -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 maybe 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 166 of 176 Back to Agenda Tents Does your event include a tent or membrane structure? ❑Yes �IoDot Applicable If yes, what is the tent size: 1 0X10 pOpups Only Does the tent have sides? ❑ YesEl No D 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 POW 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? FYes F—]No Indicate dates/time of any amplified sound below: Day: Date: Start Time: End Time: Sunday 7/30/2023 9:00 am 3:00 pm Day: Date: Start Time: End Time: Sunday 7/30/2023 3:00 pm 4:30 pm 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.): Amplified sound (annoucements and background music throughout day) about 9 am to 3 pm. Microphone used at Gazebo/Bleacher area for awards ceremoney about 3 pm to 4:30 pm. t Describe what equipment will be used for amplified sound, and at what locations (show in maps): Five or six 15" speakers, preamplified and elevated on scrissorlift provided by Mobile Sound (POC Dave Rose 360-509-9246) Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed Speakers are elevated on a scissorlift (Port Orchard Rental) positioned near library, securetly positioned, pointed in all directions. Noise levels generated shall not be in excess of allowable levels, consistent with POW 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 167 of 176 Back to Agenda Site Map A site map is required to be submitted which includes the following: Vendors: 21 Yes No Ll Not applicable Beer Garden: Yes R] No E Not applicable Signage: �✓ Yes 11 No Not applicable ❑Yes E No Not applicable Tents: Public entrances and exits: R1 Yes 11 No Not applicable Road closures and detours: Z Yes No Not applicable Traffic patterns: R] Yes 11 No Not applicable Fire Lanes: Z Yes No E Not applicable Garbage/Recycling: R1 Yes E No D Not applicable Barricades: RI Yes No Not applicable First Aid: R1 Yes No F1 Not applicable Parking: R1 Yes No Not applicable Restrooms: 1Z Yes No Not applicable If event is a run/walk, list start and stop locations and water/rest stations: 1-1 Yes 1-1 No R 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. �/ Susan Stadshaug 2/13/2023 Signature of President/Chair of Qrganization Print Name Date City of Port Orchard I Special Event Application Revised 111012023 Page 10 of 12 Page 168 of 176 Mustangs on the Waterfront 2023 Parking Map details and additional information revised on 5-10-2023 First Aid Kits: Kits are staged at Gazebo and at Registration tables next to the Port Orchard Library. Street Closures: Request waterfront entrances are closed to thru-traffic at Frederick Avenue and Sidney Avenue (Bay Street to water), and Harrison Avenue (parking lot to water). At Kitsap Bank, request thru-traffic closed off Orchard between drive-thru and Port parking to avoid traffic entering Lot 2 after 11 a.m. Car show participants will use that entrance until that time. Show Entrance: Show cars enter at Kitsap Bank between bank and drive-thru on Orchard. Starting at 7 a.m., preregistered cars are directed left towards the front of the bank to receive their packets and staged for a scenic water view picture. Day of show entries are directed straight and staged to the right side of the Port office for a picture with a scenic flower/marina background. All participants receive their picture on a calendar and on trophies presented to award recipients on show day. Cars entering the "show site" use the turn lane eliminating disruption to traffic flow on Bay Street. Other street closures do not impact the flow of traffic along Bay Street. Car show participants arrive early to start parking at 7:00 a.m. The club vacates Kitsap Bank area by 11:00 a.m. and that parking area becomes available for visitors and spectators to use the remainder of the day. Parking swap: The Port and City team to swap parking to allow show car parking in front of the Port office. Marina tenants park in the bank overflow parking lot across Bay Street and elsewhere on show day. The club works with the bank for permission, providing notification, and certificate of insurance. Kitsap Bank is closed on Sundays and business is not impacted on show day. Approved/Reserved Parking Areas: Towing is arranged in advance with a local tow company to move cars onsite Sunday morning parked in lots/streets reserved for show car parking. Towing usually starts about 5 a.m. with the club's parking team noting its location. including vehicle description, i.e., make, model, color, license #, etc. The club plans to use Leo's Towing again this year for towing services and has for a number of years. Mustangs on the Waterfront has significantly grown since 1991 when Kitsap Mustang Club first held their annual car show on the Port Orchard waterfront and now utilizes the waterfront area from Kitsap Bank to the Soroptimist Overlook Pavilion and from Bay Street to the water. If you have a chance, please visit on show day as Kitsap Mustang Club celebrates our 351h annual Mustang car show. Page 169 of 176 Back to Agenda Brandy Wallace - From: Business Licensing Sent: Tuesday, March 21, 2023 2:36 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 - Mustangs on the Waterfront No, City License required. License not required nonprofit organization, Thank you, �susgv�, Accounting Assistant II City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 874-5529 / (360) 895-9029 FAX Please visit our website at https://poi-torchardwa.goy/ From: Brandy Wallace <bwaIlace@portorchardwa.gov> Sent: Friday, March 17, 2023 3:12 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: Special Event - Mustangs on the Waterfront Good afternoon, Attached is a Special Event application and supporting documents for the Mustangs on the Waterfront taking place July 30, 2023. Please review the materials and provide me your comments by 4/5/2023. 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.portorchardw?Lg 1 Page 170 of 176 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@cityofpor-torchard.us www.cityofportorchard.us SPECIAL EVENT APPLICATION REVIEW TO: City Clerk's Office FROM: Tony Lang - Public Works Director DATE: March 31, 2023 RE: Public Event Application — 2023 Mustangs on the Waterfront In response to the above -referenced Special Event Application dated February 13, 2023, the City of Port Orchard Public Works Department has the following requirements that need to be met prior to approval: Sanitation Control and Cleaning: Event sponsor and/or volunteers to provide all garbage cans for collection, cleaning, and disposal. City and POB receptacles are insufficient for the event and need to be dumped when the event is over. The Event sponsor and/or volunteers will also provide portable toilets as needed. Road Closures: A Traffic Control Plan for the proposed event area needs to be submitted by a professional Traffic Control Company for city review and approval. The plan needs to show all intersecting streets along Bay St that will be closed, proposed barricades/barriers blocking access, MUTC-compliant signage that provides advance warning to motorists of the upcoming street closures on Bay St, and signage/barricades preventing motorist movements onto closed streets from Bay St (turn lanes). Advance warning NO PARKING signage needs to be placed on July 26 for the parking stalls on Frederick (north of Bay St), and Sidney Ave (north of Bay St). Waterfront Parking Lot Closures: Appropriate waterfront parking lot closure signage (Partial Lot #1, Lot #2, Lot #3, Lot #4, and Kitsap Bank) needs to be posted on July 24th for all pending lot closures associated with the event. Towing of vehicles may be required by the event sponsor. A contingency plan needs to be developed for Lot 1 as it may be inaccessible due to the construction of the Marina LS at the time of the event. Coordination with the Port of Bremerton for the use of Lots 3 & 4 is needed as the Port will be in control of these lots at the time of the event. U:\1_Ad minstration\D_Admin Programs&nitiatives\EVENTS\Mustangs on the Waterfront\2023 Page 171 of 176 Back to Agenda Brandy Wallace From: Dayna Katula <Dayna.Katula@kitsappublichealth.org> Sent: Monday, March 27, 2023 1:30 PM To: Brandy Wallace Subject: RE: Special Event - Mustangs on the Waterfront Hi Brandy, Approve with the following conditions: 1. Food vendors will need to be located within 200 feet of a restroom, except food trucks are allowed to be within 500 feet of a restroom. "Restroom" means a toilet with handwashing facilities immediately adjacent to the toilet. The event coordinator may have already sited the vendors near restrooms on the map, but some parts of the map were difficult to read. 2. A vendor list that includes anyone serving food- including beer gardens, samples, or food given away at no charge- must be emailed to Dayna Katula at dayna.kattila@I(Itsappuhlichealth.org at least 14 days before the event. 3. The food vendors may need a Temporary Food Establishment Permit with the Kitsap Public Health District and should apply for a permit at least 14 days before the event. If they have any questions, they can call 360-728- 2235 and ask for the Food Inspector of the Day. 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 Dayna.Katula@kitsappublichealth,org I kitsappublichealth.or From: Brandy Wallace <bwallace@portorchardwa.gov> Sent: Friday, March 17, 2023 3:12 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 1 Page 172 of 176 Back to Agenda Brandy Wallace From: Hurguy, Josh <jhurguy@skfr.org> Sent: Friday, March 24, 2023 11:20 AM To: Brandy Wallace Cc: Goodwin, Cody Subject: RE: Special Event - Mustangs on the Waterfront Good morning, Brandy, SKFR 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: Friday, March 17, 2023 3:12 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 <m brown@ portorcha rdwa.gov>; Jenine Floyd <jfloyd@portorchardwa.gov>; Kathy Garcia <kathyg@portofbremerton.org> Subject: Special Event - Mustangs on the Waterfront Good afternoon, Attached is a Special Event application and supporting documents for the Mustangs on the Waterfront taking place July 30, 2023. Please review the materials and provide me your comments by 4/5/2023. 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: Iink.ed a ilot.com s be9l6b5e lYvelFLdXkeYmVcukOMsdA?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 a -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 173 of 176 Back to Agenda Brandy Wallace From: Kevin Futrell <kevinf@kitsaptransit.com> Sent: Friday, March 24, 2023 3:38 PM To: Brandy Wallace Subject: RE: [EXTERNAL] Special Event - Mustangs on the Waterfront Kitsap Transit has no issues with the proposed event. 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 3:12 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: [EXTERNAL] Special Event - Mustangs on the Waterfront Good afternoon, Attached is a Special Event application and supporting documents for the Mustangs on the Waterfront taking place July 30, 2023. Please review the materials and provide me your comments by 4/5/2023. 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 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 174 of 176 Back to Agenda PORT ORCHARD POLICE DEPARTMENT SERVICE • HONOR • INTEGRITY MEMORANDUM TO: Brandy Wallace, City Clerk FROM: Matt Brown, Chief of Police SUBJECT: 2023 — Mustangs on the Waterfront DATE: April 3, 2023 There are no additional safety concerns with the special event plan for the 2023 — Mustangs on the Waterfront. The police department will develop an internal operations plan to manage public safety the 1,000 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. Page 1 of 1 Page 175 of 176