04/13/2021 - Regular - PacketCity of Port Orchard Council Meeting Agenda
April 13, 2021
6:30 p.m.
Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will take
actions on necessary and routine business items.
The City is prohibited from conducting meetings unless the meeting is NOT
conducted in-person and instead provides options for the public to attend through
telephone, internet or other means of remote access, and also provides the ability
for persons attending the meeting (not in-person) to hear each other at the same
time. Therefore;
Remote access only
Link: https://us02web.zoom.us/j/84051243268
Zoom Meeting ID: 840 5124 3268
Zoom Call-In: 1 253 215 8782
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. When recognized by the Mayor, please state your name for the official record)
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 an Ordinance Amending Port Orchard Municipal Code
Chapter 10.66 Regarding Establishment of Snow Routes within the City
(Dorsey) Page 5
D.Adoption of a Resolution Approving an Agreement in Lieu of Assessment
for Sewer Connection and Accepting an Easement with South Kitsap
Helpline for Future Utility Placement (Dorsey) Page 12
E.Adoption of a Resolution Approving the Purchase of Vehicles for the
Equipment Rental Revolving Fund 500 (Crocker) Page 30
F.Approval of the March 23, 2021, City Council Meeting Minutes Page 43
G.Excusal of Councilmember Diener Due to Personal Obligations
5.PRESENTATION
A.Housing Kitsap Self Help Program (Dean Nail)
B.Bay Street Pedestrian Pathway Funding (Crocker) Page 51
6.PUBLIC HEARING
Mayor:
Rob Putaansuu Administrative Official
Councilmembers:
Bek Ashby (Mayor Pro-Tempore) Finance Committee Economic Development & Tourism Committee
Transportation Committee, Chair
KRCC/KRCC PlanPol-alt /KRCC TransPol PSRC-alt/PSRC TransPOL-Alt/PRTPO
Shawn Cucciardi
Finance Committee
E/D & Tourism Committee, Chair Kitsap Economic Development Alliance
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Jay Rosapepe
Utilities/Sewer Advisory Committee
Land Use Committee Transportation Committee Lodging Tax Advisory Committee, Chair
KRCC-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
Mark Dorsey, P.E. Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Rinearson, MMC, CPRO City Clerk
Meeting Location:
Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366
Contact us: (360) 876-4407 cityhall@cityofportorchard.us
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations.
April 13, 2021, Meeting Agenda Page 2 of 3
7.BUSINESS ITEMS
A.Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 20.04 Timing of
Comprehensive Plan Amendment Submittals (Bond) Page 59
B.Adoption of a Resolution for Approving the Washington State Department of Ecology’s Water
Restoration and Enhancement Draft Plan for WRIA 15 (Dorsey) Page 63
C.Adoption of a Resolution Approving a Contract with Technical Systems, Inc. for the 2021-2024 On-Call
SCADA Maintenance (Dorsey) Page 86
D.Adoption of a Resolution Approving a Contract with Active Construction Inc. for the Sidney Avenue
Sewer Repair Project (Dorsey) Page 105
E.Approval of Supplemental Agreement No. 2 to Contract No. 072-18 with Tierra Right of Way Services,
LTD Regarding the Bay Street Pedestrian Pathway Project (Dorsey) Page 168
F.Approval of the Purchase of a Crafco, Inc. Supershot Trailer Melter, Via Sourcewell Contract 052417-
CFC, Formerly Known as the National Joint Powers Alliance (NJPA) (Dorsey) Page 176
G.Approval of the March 16, 2021, City Council Work Study Session Meeting Minutes Page 179
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)
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 Location
Economic Development and
Tourism
Remote Access
Utilities Remote Access
Land Use Remote Access
Festival of Chimes & Lights Remote Access
Finance Remote Access
Transportation
Date & Time
April 12, 2021; 9:30am – 2nd Monday of each
month
May 11, 2021; 5:00pm – 2nd Tuesday of each
month
May 12, 2021; 4:30pm – 2nd Wednesday of each
month
April 19, 2021; 3:30pm – 3rd Monday of each
month
TBD, 2021; 5:00pm – 3rd Tuesday of each month
April 27, 2021; 5:00pm; 4th Tuesday of each
month
Remote Access
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations.
April 13, 2021, Meeting Agenda Page 3 of 3
Sewer Advisory TBD, 2021 Remote Access
Lodging Tax TBD Remote Access
City Council Retreat April 23, 2021; 8:30am City Hall
Outside Agency Committees Varies Varies
This Page Intentionally Left Blank
Page 4 of 182
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 Meeting Date: April 13, 2021
Subject: Adoption of an Ordinance Amending Port Prepared by: Mark R. Dorsey, P.E.
Orchard Municipal Code Chapter 10.66 Public Works Director
Regarding Establishment of Snow Routes Atty Routing No: 366922.009 – PW
within the City Atty Review Date: March 24, 2021
Summary: At Port Orchard Municipal Code (POMC) Chapter 10.66, the City has codified regulations to
establish ‘snow routes’ with associated on-street parking restrictions during snow events. To help
eliminate confusion regarding the current restriction of all on-street parking along McCormick Woods Drive
SW, Public Works Department staff recommends the removal of the NO PARKING DURING SNOW signs
along McCormick Woods Drive SW. Staff has prepared Ordinance 017-21, amending POMC 10.66.010 to
make the recommended removal.
Relationship to Comprehensive Plan: None
Recommendation: Staff recommends adoption of Ordinance No. 017-21, amending POMC Chapter
10.66.010 regarding the establishment of snow routes within the City.
Motion for Consideration: I move to adopt Ordinance No. 017-21, amending POMC Chapter 10.66.010
regarding the establishment of snow routes within the City.
Fiscal Impact: None.
Alternatives: Do not approve and provide further direction to staff.
Attachments: Ordinance Amending POMC 10.66.010 (Redline to assist with review), and Ordinance
Amending POMC 10.66.010 (Clean).
Page 5 of 182
ORDINANCE NO. 017-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
ESTABLISHING SNOW ROUTES WITHIN THE CITY; AMENDING SECTION 10.66.010
OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY;
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, WAC 308-330-270 authorizes the City to adopt regulations to prohibit,
regulate or limit stopping, standing or parking of vehicles in areas of the City; and
WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to
periodically review and update such regulations; and
WHEREAS, the City Council choses to codify any updates to the parking regulations,
including on-street parking associated the designated Snow Route, in order to aid the public in
its ability to access and review said regulations; and
WHEREAS, the Public Works Department has determined that to help eliminate
confusion regarding the current restriction of all on-street parking along McCormick Woods
Drive SW, the NO PARKING DURING SNOW signs should be removed along McCormick Woods
Drive SW, requiring specific revisions to POMC Section 10.66.010; and
WHEREAS, the City Council has reviewed the proposed amendments and believes it to
be in the best interests of the City to enact the proposed amendments; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 10.66.010 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.66.010 Established.
A “snow route” is established in the city of Port Orchard for use during periods of snow or ice
whereby on-street parking on city streets is not permitted, as follows:
(1) Kitsap Street from Bay Street to Seattle Avenue;
(2) Seattle Avenue from Kitsap Street to Dwight Street;
(3) Dwight Street from Seattle Avenue to Harrison Avenue;
(4) Harrison Avenue from Dwight Street to Division Street;
Page 6 of 182
Ordinance No. 017-21
Page 2 of 3
(5) Division Street from Harrison Avenue to Sidney Avenue;
(6) Sidney Avenue from Division Street to Melcher Street;
(7) Dekalb Street from Mitchell Road SE to Tracy Avenue N;
(8) Tracy Avenue N from Dekalb Street to Chester Street;
(9) Chester Street from Tracy Avenue N to Farragut Avenue N;
(10) Farragut Avenue N from Chester Street to Dekalb Street;
(11) McCormick Woods Drive SW from Old Clifton Road to Glenwood Road SW;
(121) Hawkstone Avenue from McCormick Woods Drive SW to north end;
(132) Marymac Drive SW from McCormick Woods Drive SW to Hawkstone Avenue;
(143) Gleneagle Avenue from McCormick Woods Drive SW to Marymac Drive SW;
(154) St. Andrews Drive from McCormick Woods Drive SW to Rutherford Circle SW;
(165) Marbellet Avenue from Old Clifton Road to SW Siskin Circle;
(176) SW Siskin Circle;
(187) Chanting Circle SW;
(198) SW Stanwick Way from Lone Bear Lane SW to Pickford Place SW;
(2019) Pickford Place SW from SW Stanwick Way to SW Colbert Way;
(210) SW Colbert Way from Pickford Place SW Pickford Place SW to Chatterton Ave. SW
SECTION 2. Authorization to Remove Existing Signs. The City Engineer is hereby
directed to remove existing Snow Route signs as required by this Ordinance and as a result of
the amendment of Section 10.66.010, upon the effective date of this Ordinance.
SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this Ordinance.
SECTION 4. Effective Date. This ordinance shall be in full force and effect five (5) days
after posting and publication as required by law. A summary of this Ordinance may be
published in lieu of the entire ordinance, as authorized by State Law.
Page 7 of 182
Ordinance No. 017-21
Page 3 of 3
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 13th day of April 2021
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSORED BY:
Charlotte A. Archer, City Attorney Scott DienerBek Asbhy, Councilmember
Page 8 of 182
ORDINANCE NO. 017-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO
ESTABLISHING SNOW ROUTES WITHIN THE CITY; AMENDING SECTION 10.66.010
OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY;
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, WAC 308-330-270 authorizes the City to adopt regulations to prohibit,
regulate or limit stopping, standing or parking of vehicles in areas of the City; and
WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to
periodically review and update such regulations; and
WHEREAS, the City Council choses to codify any updates to the parking regulations,
including on-street parking associated the designated Snow Route, in order to aid the public in
its ability to access and review said regulations; and
WHEREAS, the Public Works Department has determined that to help eliminate
confusion regarding the current restriction of all on-street parking along McCormick Woods
Drive SW, the NO PARKING DURING SNOW signs should be removed along McCormick Woods
Drive SW, requiring specific revisions to POMC Section 10.66.010; and
WHEREAS, the City Council has reviewed the proposed amendments and believes it to
be in the best interests of the City to enact the proposed amendments; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Section 10.66.010 of the Port Orchard Municipal Code is hereby amended
to read as follows:
10.66.010 Established.
A “snow route” is established in the city of Port Orchard for use during periods of snow or ice
whereby on-street parking on city streets is not permitted, as follows:
(1) Kitsap Street from Bay Street to Seattle Avenue;
(2) Seattle Avenue from Kitsap Street to Dwight Street;
(3) Dwight Street from Seattle Avenue to Harrison Avenue;
(4) Harrison Avenue from Dwight Street to Division Street;
Page 9 of 182
Ordinance No. 017-21
Page 2 of 3
(5) Division Street from Harrison Avenue to Sidney Avenue;
(6) Sidney Avenue from Division Street to Melcher Street;
(7) Dekalb Street from Mitchell Road SE to Tracy Avenue N;
(8) Tracy Avenue N from Dekalb Street to Chester Street;
(9) Chester Street from Tracy Avenue N to Farragut Avenue N;
(10) Farragut Avenue N from Chester Street to Dekalb Street;
(11) Hawkstone Avenue from McCormick Woods Drive SW to north end;
(12) Marymac Drive SW from McCormick Woods Drive SW to Hawkstone Avenue;
(13) Gleneagle Avenue from McCormick Woods Drive SW to Marymac Drive SW;
(14) St. Andrews Drive from McCormick Woods Drive SW to Rutherford Circle SW;
(15) Marbellet Avenue from Old Clifton Road to SW Siskin Circle;
(16) SW Siskin Circle;
(17) Chanting Circle SW;
(18) SW Stanwick Way from Lone Bear Lane SW to Pickford Place SW;
(19) Pickford Place SW from SW Stanwick Way to SW Colbert Way;
(20) SW Colbert Way from Pickford Place SW Pickford Place SW to Chatterton Ave. SW
SECTION 2. Authorization to Remove Existing Signs. The City Engineer is hereby
directed to remove existing Snow Route signs as required by this Ordinance and as a result of
the amendment of Section 10.66.010, upon the effective date of this Ordinance.
SECTION 3. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision
shall not affect the validity of the remaining parts of this Ordinance.
SECTION 4. Effective Date. This ordinance shall be in full force and effect five (5) days
after posting and publication as required by law. A summary of this Ordinance may be
published in lieu of the entire ordinance, as authorized by State Law.
Page 10 of 182
Ordinance No. 017-21
Page 3 of 3
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 13th day of April 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlotte A. Archer, City Attorney Bek Ashby, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 11 of 182
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 Meeting Date:
April 13, 2021
Subject: Adoption of a Resolution Approving an Prepared by: Mark Dorsey, P.E.
Agreement in Lieu of Assessment for Public Works Director
Sewer Connection and Accepting an Atty Routing No.: 366922.0014 – Sewer
Easement with South Kitsap Helpline for Atty Review Date: March 17, 2021
Future Utility Placement
Summary: On February 26, 2021, South Kitsap Helpline requested sewer service from the City to replace a
failing septic system that serves their property located at the intersection of Mitchell Road SE and SE Mile
Hill Drive (the “Property”). Pursuant to the City’s standards, a sewer connection for the Property should
trigger the need for an extension of the gravity sewer main across the Property and down Mitchell Road SE.
However, the Public Works Department determined that it is cost prohibitive and infeasible to require
Helpline to construct the extension of the gravity sewer main for a single sewer connection. However,
should the real property on Mitchell Road south of the South Kitsap Helpline property need sewer service in
the future, the extension of the gravity sewer main will be necessary and Helpline will be required to
connect to that main at that time. Accordingly, staff recommends an Agreement in Lieu of Assessment that
will permit Helpline to build, at its own expense, a temporary private line to connect to the City’s sewer
system at SE Mile Hill Drive, in exchange for the grant of an easement over the Property for a future main
extension and a commitment to connect and pay the applicable connection charges when the future main
extension is completed. The easement across the Property is necessary to install a gravity sewer main
between Mile Hill Drive and Mitchell Road, and South Kitsap Helpline has agreed to supply the City with such
an easement.
Relationship to Comprehensive Plan: Chapter 7.2 – City Managed Utilities.
Recommendation: Staff recommends adoption of Resolution No. 025-21, authorizing the Mayor to sign an
Agreement in Lieu of Assessment and to accept an easement from South Kitsap Helpline for future utility
infrastructure installation, operation and maintenance.
Motion for Consideration: I move to adopt Resolution No. 025-21, authorizing the Mayor to execute an
Agreement in Lieu of Assessment with South Kitsap Helpline, and to accept an easement from South Kitsap
Helpline for future utility infrastructure installation, operation and maintenance.
Alternatives: None.
Fiscal Impact: None.
Attachments: Resolution, Exhibit A to the Resolution – Agreement in Lieu of Assessment, and Exhibit B to
the Resolution – Easement.
Page 12 of 182
RESOLUTION NO. 025-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH THE SOUTH KITSAP HELPLINE
FOR UTILITY EXTENSION, AND TO ACCEPT AN ASSOCIATED EASEMENT FOR
FUTURE UTILITY PLACEMENT.
WHEREAS, on February 26, 2021, South Kitsap Helpline (“Helpline”) requested sewer
service from the City of Port Orchard, to replace a failing septic system currently serving their
facility located on Kitsap County Tax Parcel No. 362401-2-102-2008 (the “Property”); and
WHEREAS, pursuant to RCW 35.92.025, the City is authorized to allow a connection to the
City’s sewerage system and levy a connection charge for such a connection; and
WHEREAS, pursuant to the City’s standards, a sewer connection for the Property should
trigger the need for an extension of the gravity sewer main across the Property and down
Mitchell Road SE, however the Public Works Department of the City of Port Orchard has
determined that it is cost prohibitive and infeasible for Helpline to require extension of the
gravity sewer main for a single sewer connection at this time; and
WHEREAS, staff recommends an Agreement in Lieu of Assessment that will permit
Helpline to build, at its own expense, a temporary private line to connect to the City’s sewer
system at SE Mile Hill Drive, in exchange for the grant of an easement over the Property for a
future main extension and a commitment to connect and pay the applicable connection
charges when the future main extension is completed; and
WHEREAS, the City desires to have the ability to extend, or cause to be extended, the
gravity sewer system through the South Kitsap Helpline’s real property at a later date should
gravity sewer service be needed in the area, and the easement enables this project to proceed
in the future; and
WHEREAS, the grant of easements over and across City-owned property requires
authorization by the City Council; and
WHEREAS, the City Council finds that the Agreement in Lieu of Assessment and
acceptance of the referenced easement is in the best interests of the residents of Port Orchard;
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 the Resolution.
Page 13 of 182
Resolution No. 025-21
Page 2 of 2
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute
the Agreement in Lieu of Assessment attached hereto as Exhibit A and incorporated
herein by this reference.
THAT: The City Council authorizes the acceptance of the easement from South Kitsap
Helpline for future utility infrastructure installation, operation and maintenance
attached hereto as Exhibit B and incorporated herein by this reference.
THAT: This 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 13th day of April 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 14 of 182
After Recording Return to:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
AGREEMENT IN LIEU OF ASSESSMENT
GRANTOR: South Kitsap Helpline
GRANTEE: City of Port Orchard
LEGAL DESCRIPTION: THAT PORTION OF THE NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M
Complete legal description attached as Exhibit “A”
TAX PARCEL NO.: 362401-2-102-2008
This agreement is entered into between the City of Port Orchard, a Washington municipal
corporation, hereafter referred to as “City”, and South Kitsap Helpline, hereafter referred to as
“Owner”. Owner owns certain real property which does not front on any of the City’s sewer mains,
but Owner seeks to obtain sewer service from the City by installing a private sewer line from the
City’s nearest sewer main to the Owner’s property. Owner’s real property is legally described on
the attached “Exhibit A” which by this reference is incorporated herein and made a part hereof.
The referenced real property is hereafter referred to as the “Property”.
In consideration of the foregoing recitals, and the promises and covenants of the parties
hereinafter set forth, the parties agree as follows:
1. SEWER SERVICE. The City hereby agrees to provide sewer service, not to exceed the
usual and customary requirements for a single Equivalent Residential Unit (ERU), to
the Property. No other buildings or real property may connect to or be served by the
private sewer line without the City’s approval. Owner shall construct, own, operate
and maintain the private sewer line at the Owner’s sole cost and expense. The City
Page 15 of 182
reserves the right to review and approve the designs and specifications relating to
private sewer line, including the manner in which the private sewer line will be
connected to the City’s main line. The private sewer line shall connect to the City’s
sewer main at a location approved by the City.
2. INSPECTION OF CONNECTION. The Owner shall notify the City of the Owner’s
intent to connect the private sewer line to the City’s main line at least two (2) business
days before connection. The City may inspect the condition and construction of the
private sewer line before connection, and shall inspect the actual connection, at a time
or times mutually agreed to by the Owner and the City. The Owner shall reimburse the
District for all costs of inspection.
3. PAYMENT FOR SEWER SERVICE. The Owner agrees to pay for the sewer service
supplied by the City according to the rates, schedules, and resolutions duly enacted
and established by the City and to pay a service initiation charge as required by the
City.
4. OWNER SUPPORT FOR CITY’S ACTION. In the event a utility local improvement
district (ULID) or pipeline extension for a sewer line, sewer main, or a sewer service is
initiated affecting the Property or any portion thereof, the Owner of the Property
hereby agrees to support any petitions or other action therefor and not to contest the
formation of any said ULID or pipeline extension. The Owner further agrees to pay its
share of the costs for the permanent sewer facilities serving the Property as may be
assessed or adopted by the City.
5. DISCONNECTION OF PRIVATE SEWER LINE. The Owner understands and
acknowledges that the City, at its option, may require that sewer service from the
private sewer line be discontinued and that sewer service be provided by the
permanent sewer main serving the Property at the Owner’s expense. When permanent
sewer facilities are constructed and available, whether by the City or others, the Owner
shall disconnect the private sewer line and connect to the City’s permanent sewer
facilities within forty-five (45) days of notice from the City that the permanent facilities
are ready for connection. The Owner shall disconnect and remove, or disable, the
private sewer line in accordance with applicable laws and regulations within ninety
(90) days of the connection of the Property to the permanent sewer facilities. The
Owner shall be responsible for all costs of disconnecting, removing and disabling the
private sewer line.
6. AGREEMENT RUNS WITH THE LAND. All provisions of this agreement, including
the benefits and burdens, run with the Property, and are binding upon and enure to
benefit of the heirs, assigns, successors, tenants, and personal representatives of the
Owner and City.
7. WARRANTY OF TITLE. Owner warrants that it has good and fee simple title to the
Property, and that it has the right to enter into this agreement.
8. COOPERATION/ENFORCEMENT OF PROVISIONS. The parties shall strive to
cooperate with one another in effectuating the terms and spirit of this agreement. This
agreement shall be given a reasonable construction. Either party may enforce this
Page 16 of 182
agreement by appropriate action, including specific performance, and the prevailing
party in any such litigation shall be entitled to recover its reasonable attorney fees and
costs.
9. RECORDING. The City shall record this agreement with the Kitsap County Auditor, at
the cost of the Owner.
DATED this ______ day of ___________, 20___.
CITY OF PORT ORCHARD, WASHINGTON _______________________________ Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
_______________________________ Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: _______________________________ Charlotte Archer, City Attorney
South Kitsap Helpline _______________________________ Name and Title
Page 17 of 182
EXHIBIT A
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF
THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID
SUBDIVISION; THENCE SOUTH 333.20 FEET TO THE SOUTHWEST
CORNER THEREOF; THENCE EAST 359.43 FEET TO THE TRUE POINT OF
BEGINNING; THENCE NORTH 21*32' EAST 146.62 FEET; THENCE SOUTH
86*55' EAST 163.95 FEET TO THE WESTERLY MARGIN OF MITCHELL
ROAD; THENCE SOUTHWESTERLY ALONG SAID MARGIN 80 FEET;
THENCE WEST 125 FEET; THENCE SOUTH 21*32' WEST 60 FEET; THENCE
WEST TO THE POINT OF BEGINNING; TOGETHER WITH THAT PART OF
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT
THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE
NORTH LINE OF SAID SECTION 36; SOUTH 88*12'26" EAST 664.31 FEET TO
THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 36; THENCE SOUTH 1*15'01" WEST 333.20 FEET TO THE
SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, SOUTH 88*10'06" EAST 399.43 FEET TO THE
TRUE POINT OF BEGINNING BEING A POINT WHICH BEARS NORTH
88*10'06" WEST ALONG SAID SOUTH LINE 125.00 FEET FROM THE
INTERSECTION OF SAID SOUTH LINE WITH THE WESTERLY RIGHT-OF-
WAY MARGIN OF MITCHELL ROAD; THENCE NORTH 22*01'42" EAST 29.66
FEET TO A POINT ON THE WEST FACE OF AN EXISTING CONCRETE
BLOCK RETAINING WALL; THENCE ALONG THE WEST FACE OF SAID
RETAINING WALL AND THE SOUTHERLY EXTENSION THEREOF SOUTH
7*28'14" WEST 27.97 FEET TO A POINT ON THE SOUTH LINE OF SAID
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID SOUTH
LINE NORTH 88*10'06" WEST 7.49 FEET TO THE TRUE POINT OF
BEGINNING; EXCEPT THAT PART OF THE NORTH HALF OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1
Page 18 of 182
EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST
CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF
SAID SECTION 36, SOUTH 88*12'26" EAST 664.31 FEET TO THE
NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 36; THENCE SOUTH 1*15'01" WEST 333.20 FEET TO THE
SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, SOUTH 88*10'06" EAST 399.43 FEET TO THE
POINT WHICH BEARS NORTH 88*10'06" WEST ALONG SAID SOUTH LINE
125.00 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE
WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD; THENCE
NORTH 22*01'42" EAST 29.66 FEET TO A POINT ON THE WEST FACE OF
AN EXISTING CONCRETE BLOCK RETAINING WALL BEING THE TRUE
POINT OF BEGINNING; THENCE CONTINUING NORTH 22*01'42" EAST 30.34
FEET TO A POINT WHICH BEARS NORTH 88*10'06" WEST 125.00 FEET
FROM THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD;
THENCE NORTH 88*10'06" WEST 7.67 FEET TO A POINT ON THE WEST
FACE OF SAID RETAINING WALL; THENCE ALONG THE WEST FACE OF
SAID RETAINING WALL SOUTH 7*28'14" WEST 28.62 FEET TO THE TRUE
POINT OF BEGINNING; SITUATE IN THE CITY OF PORT ORCHARD,
COUNTY OF KITSAP, STATE OF WASHINGTON.>>>>> ALSO THAT PART OF
THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON,
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF
SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION
36, SOUTH 88*12'26" EAST 664.31 FEET TO THE NORTHWEST CORNER OF
THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 0*15'01"
WEST 333.20 FEET TO THE SOUTHWEST CORNER OF SAID NORTH HALF
OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER, SOUTH 88*10'06" EAST 359.43
FEET TO A POINT WHICH BEARS NORTH 88*10'06" WEST ALONG SAID
SOUTH LINE 165.00 FEET FROM THE INTERSECTION OF SAID SOUTH LINE
WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD;
Page 19 of 182
THENCE NORTH 21*32'33" EAST 146.62 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING NORTH 21*32'33" EAST 10.06 FEET;
THENCE NORTH 85*14'42" WEST 3.43 FEET; THENCE NORTH 13*20'18"
EAST 189.62 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 36;
THENCE ALONG SAID NORTH LINE SOUTH 88*12'26" EAST 7.89 FEET TO A
POINT ON A CURVE ON THE SOUTHERLY RIGHT-OF-WAY MARGIN OF
STATE ROUTE 160 ON THE APPROACH TO BETHEL AVENUE FROM
WHICH POINT THE CENTER OF SAID CURVE BEARS SOUTH 30*35'03"
WEST 278.1 FEET; THENCE CLOCKWISE (SOUTHEASTERLY) ALONG SAID
CURVE ON SAID RIGHT-OF-WAY MARGIN AN ARC DISTANCE OF 22.63
FEET THROUGH A CENTRAL ANGLE OF 4*39'41"; THENCE CONTINUING
NORTH ALONG SAID RIGHT-OF-WAY MARGIN ON A RADIAL LINE FROM
THE CENTER OF SAID CURVE NORTH 35*14'44" EAST 10.00 FEET TO A
POINT ON A CONCENTRIC CURVE HAVING A RADIUS OF 288.1 FEET;
THENCE CONTINUING ALONG SAID RIGHT-OF-WAY MARGIN CLOCKWISE
(SOUTHEASTERLY) ALONG SAID CURVE AN ARC DISTANCE OF 3.54 FEET
THROUGH A CENTRAL ANGLE OF 0*42'14" TO A POINT OF REVERSE
CURVATURE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 643.00
FEET ON THE SOUTHERLY RIGHT-OF-WAY MARGIN OF STATE ROUTE
160; THENCE ALONG SAID SOUTHERLY MARGIN 149.27 FEET ALONG THE
ARC OF SAID CURVE TO THE LEFT THROUGH A CENTRAL ANGLE OF
13*08'02" TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY
MARGIN OF MITCHELL ROAD; THENCE ALONG SAID WESTERLY MARGIN
SOUTH 19*55'08" WEST 34.77 FEET TO THE BEGINNING OF A CURVE TO
THE RIGHT HAVING A RADIUS OF 5699.58 FEET; THENCE CONTINUING
ALONG SAID WESTERLY MARGIN 96.93 FEET ALONG THE ARC OF SAID
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 0*58'28";
THENCE NORTH 86*55'47" WEST 163.95 FEET TO THE TRUE POINT OF
BEGINNING; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF
KITSAP, STATE OF WASHINGTON.
Page 20 of 182
Page 1 of 9
After Recording Return to: City Clerk City of Port Orchard 216 Prospect Street Port Orchard, WA 98366
EASEMENT AGREEMENT
GRANTOR: South Kitsap Helpline GRANTEE: City of Port Orchard LEGAL DESCRIPTION: THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M Complete legal description attached as Exhibit “A” TAX PARCEL NO.: 362401-2-102-2008
THIS EASEMENT AGREEMENT (“Agreement”) is hereby made and entered into on the day of , 2021, by and among South Kitsap Helpline, a Washington Public Benefit Corporation (herein “Helpline”), and the City of Port Orchard, a Washington municipal corporation (herein “City”).
RECITALS: WHEREAS, Helpline owns the real property legally described on attached Exhibit A which is incorporated herein as through fully set forth (hereinafter referred to as “Helpline Property”);
and
WHEREAS, the City has requested a utility easement across the corner of the Helpline Property, and Helpline is willing to grant such utility easement.
Page 21 of 182
Page 2 of 9
NOW, THEREFORE, for and in consideration of the mutual benefits contained herein, Helpline and the City hereby agree as follows:
1. Recitations. The foregoing recitations are true and correct and are incorporated herein by this reference.
2. Utility Easement. Helpline grants and transfers to the City for the benefit of public utilities provided by the City a perpetual nonexclusive easement under and across that certain portion of the Helpline Property for utility purposes as legally described on attached Exhibit B and as depicted on attached Exhibit C for illustrative purposes (herein “Easement”).
3. Maintenance. The City shall timely maintain, repair and replace (collectively “work”), any and all utilities in the Easement and pay the expenses associated therewith. If the Easement, or a portion thereof, is damaged when installing a utility in the Easement, the City shall promptly repair such damage and to restore the damaged Easement to the condition as it existed prior to such damage, and all expenses therefor shall be paid by the City.
4. Run with the Land. These covenants are intended to protect the value and desirability of the Helpline Property, and shall run with the land and be binding on all parties having or acquiring any right, title or interest in the Helpline Property, or any part thereof. They shall inure to the benefit of each present interest or future successor in interest therein.
5. Indemnification. The City agrees to indemnify, defend and hold harmless the owner of the Helpline Property from and against any and all liability for damages, costs, losses and expenses for personal injury or property damage to the owner of the Helpline Property, its agents, invitees, licensees and/or guests, when such injury or damage shall result from, arise out
of, or be attributable in any manner to the Easement, except for the negligence of the owner of the Helpline Property. 6. Enforcement. In the event of default under this Agreement, the parties shall be
entitled to any and all remedies available or in equity. The parties hereto agree that in the event it
becomes necessary for any party to defend or institute legal proceedings as a result of the failure of either party to comply with the terms, covenants, agreements and/or conditions of this Agreement, it is understood and agreed that the prevailing party in such legal proceeding shall be entitled to be reimbursed for all costs incurred or expended in connection therewith, including, but not limited to, reasonable attorney fees (including arbitration, trial and appellate fees) and court
costs. 7. Waiver. No waiver of any of the provisions of this Agreement shall be effective unless it is in writing, signed by the party against whom it is asserted and any such written waiver shall only be applicable to the specific instance in which it relates and shall not be deemed to be a
continuing or a future waiver.
Page 22 of 182
Page 3 of 9
8. Binding Effect. The covenants contained in this Agreement are not personal, but shall run with the land and shall be binding upon and inure to the benefit of the parties hereto and
their respective heirs, personal representatives, successors in interest and assigns.
9. Governing Law. This Agreement shall be governed in accordance with the laws of the State of Washington. 10. Entirety. This Agreement constitutes the entire agreement and understanding
between the parties hereto regarding the Easement. As of the date of this Agreement, there are no other agreements or representations, either written or oral, which modify or have any effect upon this Agreement. IN WITNESS WHEREOF, this Agreement has been duly executed by the parties hereto
to be effective immediately. SOUTH KITSAP HELPLINE
By: Print Name: Title:
By: Print Name: Title:
CITY OF PORT ORCHARD By: Print Name: Title:
Page 23 of 182
Page 4 of 9
STATE OF WASHNGTON ) ) ss.
COUNTY OF KITSAP )
On this day of , 2021, before me, a Notary Public, in and for the jurisdiction aforesaid, personally appeared _ and , to me personally known, who by me duly sworn did say that they are the and
, respectively, of SOUTH KITSAP HELPLINE, a Washington Public Benefit Corporation, and that said instrument was signed on behalf of said corporation by authority of the Board of Directors, and that they acknowledged execution of said instrument to be voluntary act and deed of said corporation.
Notary Public (Notarial Seal)
My Commission expires
STATE OF WASHNGTON )
) ss.
COUNTY OF KITSAP )
On this day of , 2021, before me, a Notary Public, in and for the
jurisdiction aforesaid, personally appeared , to me personally known, who by me
duly sworn did say that he/she is the of the City of Port Orchard, a Washington municipal corporation, and that said instrument was signed on behalf of said corporation by authority of the Port Orchard City Council, and that he/she acknowledged execution of said instrument to be voluntary act and deed of said corporation.
Notary Public (Notarial Seal) My Commission expires
Page 24 of 182
Page 5 of 9
EXHIBIT A HELPLINE PROPERTY
THAT PORTION OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36,
TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 333.20 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE EAST 359.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 21*32' EAST 146.62 FEET; THENCE SOUTH 86*55' EAST 163.95 FEET TO THE WESTERLY MARGIN OF
MITCHELL ROAD; THENCE SOUTHWESTERLY ALONG SAID MARGIN 80 FEET;
THENCE WEST 125 FEET; THENCE SOUTH 21*32' WEST 60 FEET; THENCE WEST TO THE POINT OF BEGINNING; TOGETHER WITH THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED
AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 36;
THENCE ALONG THE NORTH LINE OF SAID SECTION 36; SOUTH 88*12'26" EAST 664.31 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 1*15'01" WEST 333.20 FEET TO THE SOUTHWEST CORNER OF SAID
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SOUTH 88*10'06" EAST 399.43 FEET TO THE TRUE POINT
OF BEGINNING BEING A POINT WHICH BEARS NORTH 88*10'06" WEST ALONG
SAID SOUTH LINE 125.00 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD; THENCE NORTH 22*01'42" EAST 29.66 FEET TO A POINT ON THE WEST FACE OF AN EXISTING CONCRETE BLOCK RETAINING WALL; THENCE ALONG THE WEST FACE
OF SAID RETAINING WALL AND THE SOUTHERLY EXTENSION THEREOF SOUTH
7*28'14" WEST 27.97 FEET TO A POINT ON THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG SAID SOUTH LINE NORTH 88*10'06" WEST 7.49 FEET TO THE TRUE POINT OF BEGINNING; EXCEPT THAT PART OF THE
NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION 36, SOUTH 88*12'26" EAST 664.31 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 36; THENCE SOUTH 1*15'01" WEST 333.20 FEET TO THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE
Page 25 of 182
Page 6 of 9
SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SOUTH 88*10'06" EAST
399.43 FEET TO THE POINT WHICH BEARS NORTH 88*10'06" WEST ALONG SAID
SOUTH LINE 125.00 FEET FROM THE INTERSECTION OF SAID SOUTH LINE WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD; THENCE NORTH 22*01'42" EAST 29.66 FEET TO A POINT ON THE WEST FACE OF AN EXISTING CONCRETE BLOCK RETAINING WALL BEING THE TRUE POINT OF BEGINNING;
THENCE CONTINUING NORTH 22*01'42" EAST 30.34 FEET TO A POINT WHICH BEARS NORTH 88*10'06" WEST 125.00 FEET FROM THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD; THENCE NORTH 88*10'06" WEST 7.67 FEET TO A POINT ON THE WEST FACE OF SAID RETAINING WALL; THENCE ALONG THE WEST FACE OF SAID RETAINING WALL SOUTH 7*28'14" WEST 28.62 FEET TO THE TRUE
POINT OF BEGINNING; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON.>>>>> ALSO THAT PART OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 36, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHWEST CORNER OF SAID SECTION 36; THENCE ALONG THE NORTH LINE OF SAID SECTION 36, SOUTH 88*12'26" EAST 664.31 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 36; THENCE SOUTH 0*15'01" WEST 333.20 FEET TO THE SOUTHWEST CORNER OF SAID NORTH HALF OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER; THENCE ALONG THE SOUTH LINE OF SAID NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER, SOUTH 88*10'06" EAST 359.43 FEET TO A POINT WHICH BEARS NORTH 88*10'06" WEST ALONG SAID SOUTH LINE 165.00 FEET FROM THE INTERSECTION OF SAID SOUTH
LINE WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD; THENCE NORTH 21*32'33" EAST 146.62 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 21*32'33" EAST 10.06 FEET; THENCE NORTH 85*14'42" WEST 3.43 FEET; THENCE NORTH 13*20'18" EAST 189.62 FEET TO A POINT ON THE NORTH LINE OF SAID SECTION 36; THENCE ALONG SAID NORTH LINE SOUTH
88*12'26" EAST 7.89 FEET TO A POINT ON A CURVE ON THE SOUTHERLY RIGHT-OF- WAY MARGIN OF STATE ROUTE 160 ON THE APPROACH TO BETHEL AVENUE FROM WHICH POINT THE CENTER OF SAID CURVE BEARS SOUTH 30*35'03" WEST 278.1 FEET; THENCE CLOCKWISE (SOUTHEASTERLY) ALONG SAID CURVE ON SAID RIGHT-OF-WAY MARGIN AN ARC DISTANCE OF 22.63 FEET THROUGH A
CENTRAL ANGLE OF 4*39'41"; THENCE CONTINUING NORTH ALONG SAID RIGHT-
OF-WAY MARGIN ON A RADIAL LINE FROM THE CENTER OF SAID CURVE NORTH 35*14'44" EAST 10.00 FEET TO A POINT ON A CONCENTRIC CURVE HAVING A RADIUS OF 288.1 FEET; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY MARGIN CLOCKWISE (SOUTHEASTERLY) ALONG SAID CURVE AN ARC DISTANCE
OF 3.54 FEET THROUGH A CENTRAL ANGLE OF 0*42'14" TO A POINT OF REVERSE
Page 26 of 182
Page 7 of 9
CURVATURE WITH A CURVE TO THE LEFT HAVING A RADIUS OF 643.00 FEET ON THE SOUTHERLY RIGHT-OF-WAY MARGIN OF STATE ROUTE 160; THENCE ALONG
SAID SOUTHERLY MARGIN 149.27 FEET ALONG THE ARC OF SAID CURVE TO THE
LEFT THROUGH A CENTRAL ANGLE OF 13*08'02" TO AN INTERSECTION WITH THE WESTERLY RIGHT-OF-WAY MARGIN OF MITCHELL ROAD; THENCE ALONG SAID WESTERLY MARGIN SOUTH 19*55'08" WEST 34.77 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 5699.58 FEET; THENCE CONTINUING
ALONG SAID WESTERLY MARGIN 96.93 FEET ALONG THE ARC OF SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 0*58'28"; THENCE NORTH 86*55'47" WEST 163.95 FEET TO THE TRUE POINT OF BEGINNING; SITUATE IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON.
Page 27 of 182
Page 8 of 9
EXHIBIT B LEGAL DESCRIPTION OF UTILITY EASEMENT
Page 28 of 182
Page 9 of 9
EXHIBIT C UTILITY EASEMENT DRAWING
Page 29 of 182
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4E Meeting Date: April 13, 2021
Subject: Adoption of a Resolution Approving the Prepared by: Noah Crocker
Purchase of Vehicles for the Equipment Finance Director
Rental Revolving Fund 500 Atty Routing No.: 366922.0009 – PW
Atty Review Date: March 28, 2021
Summary: By this Resolution the City Council would authorize the purchase of vehicles for use by the City’s
public works department. The City Council adopted the 2021-2022 Biennial Budget, which included $709,000
for the purchase of vehicles and equipment for the Equipment Rental and Revolving Fund 500. The City
Council adopted the 2021-2022 Biennial Budget, which included $71,000 for the purchase of sander and
plowing equipment for the Street Fund 002.
The City’s Procurement Policies require City Council approval for purchases costing $35,000 or more, in
addition to the requirement that the items are included in the budget.
The equipment listed in the proposed resolution is within the limits of the Biennial Budget and meets the
City’s fleet standardization policies. Consistent with the City’s procurement policies, these items and their
purchase prices were selected via the interlocal agreement the City utilizes with the Washington Department
of Enterprise Services.
The proposed Resolution is to provide the City Council’s approval of the vehicle purchases in accordance with
the procurement procedures established by the City Council.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends adopting the Resolution as proposed.
Motion for consideration: “I move to adopt a Resolution, authorizing the purchase of vehicles and
equipment in accordance with the City’s fleet standardization policies and the 2021-2022 Biennial Budget.”
Fiscal Impact: Estimate Cost: ~$ 242,000.00.
Alternatives: Do not approve resolution and provide alternative guidance.
Attachment: Resolution, Exhibit A – Equipment Purchase Orders.
Page 30 of 182
RESOLUTION NO. _______
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE
PURCHASE OF VEHICLES FOR THE EQUIPMENT RENTAL REVOLVING FUND.
WHEREAS, the City Council has approved Ordinance No. 035-20, approving the 2021-2022 Biennial
Budget; and
WHEREAS, the 2021-2022 Biennial Budget includes $709,000 for capital purchases of vehicles
and equipment for the Equipment Rental and Revolving fund; and
WHEREAS, the 2021-2022 Biennial Budget includes $71,000 for the purchases of sander and
plowing equipment for the Street fund; and
WHEREAS, the City Council has approved procurement policies which, in addition to budget
authority, require City Council authorization for purchases of items $35,000 or more in value; and
WHEREAS, consistent with the procurement policies, the City selected these items for purchase
through the City’s interlocal agreement with the Washington Department of Enterprise Services; and
WHEREAS, the attached purchase order is for the purchase of vehicles for use by the public
works department in an amount that exceeds the $35,000 authorization limit; and
WHEREAS, the purchase orders are for vehicles that meet the fleet standardization policy as
adopted by the City Council, and are consistent with the 2021-2022 Biennial Budget; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves the purchase of all vehicles and equipment listed in the
purchase orders attached hereto in Exhibit A. The Mayor or his designee is authorized to take
action consistent with this authorization.
THAT: The Resolution shall take full force and effect upon passage and signatures hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the
City Clerk in authentication of such passage this 13th day of April 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 31 of 182
Qoat
oF_cH4R_D_
Equipment Rentat & Revolving Fund
Purchase Request Form
RCW 43.19.648 - Requires all local governments to convert their vehicle fleets to electricity or
biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the
extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not
practical for local govemments to use electricity or biofuel for police, fire or emergency response
vehicles, including utility vehicles frequently used for emergency response, it is encouraged to
consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use.
Please attach the quote for vehicle / equipment.
Description of item:
2021 lnternational Dump Truck Chassis and Dump Body
Procurement method:
Department of Enterprise Services (DES)
Department
Water Sewer Storm Street Public Works DCD Police Admin
X
Addition or Replacement
Addition to Fleet
Replacement Vehicle / Equipment being replaced: #1030- Will be surplusedX
Fleet Standardization
Requested Vehicle / Equipment follows fleet standardization
Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are
not fleet standard and reason for addition.
X Requested Vehicle /Equipment does not have a standard
Cost
5r74,s82.62 Fleet standard cost
Additional cost for consideration (Radio, city logo, licensing)
TOTAL
s2,000.00
5176,s82.62
Page 32 of 182
STANDARDS FOR VEHICLES
Police Standard Vehicle
Public Works and Standard Truck
Administration and Standard Vehicle
I have reviewed the vehicles / equipment listed and
Approved for purchase by:
approval for purchase.
s lu lat
Graphics AccessoriesModelChassisDrive Train Color
Ford Sedans Automatic Black City Decal Lights
SUV 2WD Vehicle Number Radios
4WD Antennas
AWD
AccessoriesModelChassisCab Size Drive Train Color Graphics
Ford I/2Ton Regular Automatic White City Logo Lights
3/4Ton Extended 2WD Truck Number Radios
4WD Antennas1 Ton Crew Cab
Tool Boxes
AccessoriesTvpeChassisDrive Train Color Graphics
Electric Seda ns Automatic white City Logo Lights
2WD Vehicle Number RadiosBiofuelSUV
Antennas4WD
AWD
Date
Page 33 of 182
City of Poft Orchard
216 Prospect Street
Port Orchard, WA 98366
(360) 876-4407
Northend Truck Equipment
20812 Broadway Ave.
Snohomish, WA 98296
BillTo:
PURCHASE ORDER
P.O. No.025-21
Date: March 23,2021
Ship To:
Attn: Accounts Payable
City of Poft Orchard
216 Prospect Street
Port Orchard, WA 98366
Ordered
Descri on
THIS ORDER IS A CONFIRMATION Yes
THIS ORDER IS NOT A CONFIRMATION
ACCOUNT CODE:
N/A
Unit Price Total
Subtotal
Tax (8.7o/o)
Shipping
Add'l Fees
Bal Due
Gretchen Isaksson
Finance Department City Clerk Signature
Dump Truck Body s62,673.45 $62,673.45
$40,774.65Dump Truck Sander $40,774.65
Dump Truck Plow $ I 8,5 59.00 $ 18,559.00
*See also Purchase Order No. 024-21 with RWC Group LTD*
City of Port Orchard Contract No. 057-13
State OSP Contract No. 01117
*See attached 3 Price Quotations from Northend Truck Equipment for
more details*
IF TOTAL COST IS OVER $7,5OO.OO ATTACH PROCUREMENT DOCUMENTS
$L22,007.t0
$10,614.62
$o
$0
$r32,62r.72
Page 34 of 182
CIWOF PORT ORCHARD
PURCHASES THROUGH INTERLOCAL AGREEMENTS
City Contract No.cosT-l1
lnterlocal Agreement with the Host Agency (government agency or Purchasing Co-Op name):
Denartment ofE Svstems IDESI
Item Description:11'American Snow Plow for New Dumn Truck
Monroe 12' Sander for New D o Truck
l0lI2ud Dumn Truck Bodv for Dumo Truck
Do you have an lnterlocal agreement signed with the Contract (host)Agency?
X If yes, where is it filed: Jlerks_E If no, get a mutually signed Agreement in place before you continue.
State OSP Contract N olttT
lf you have an Office of State Procurement (OSP) contract number you may skip the remoinder of this test
because the ASP controcts comply with remaining requirements and retain the documentation on hond for
SAO to review in the OSP offices.
ls this a technology contract?
[J If yes, do your own rules allow for teohnology contracts to be negotiated?E If your own rules allow for negotiated IT contracts, you can skip this test.
ls this a services contract?
E If yes, do your own rules allow services to be negotiated?E If your own rules allow for negotiated services, you can skip the remainder of the test,
Are you using this as only one of multiple quotes, for a small purchase?
E If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules,
Checklist for uired Com liance
1 RCW 39.34.020 (1), "public agency" means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency
of the state government; any agency of the United States; any lndian tribe recognized as such by the federal government; and any
political subdivision of another state
Is the Host agency a public agencyr?n Yes DNo If Yes, what state laws apply to Host Agency:
Minnesota
Does the host agency have a requirement
to run a newspaper ad in their local paper
and did they comply
n Yes []No Federal and State conffact rules usually don't
require a newspaper ad. For others, attach the
ad or place into the file
Did they list on the public agency's
website?
I Yes nNo If Yes, state when and the address, and proof
of date, address shall be attached or placed intc
the file. If No, you cannot use the bid.
ENo lf Yes, obtain documentation to support answer
from Host Agency. If No, you cannot use the
bid.
Did the bid & award comply with the
Host agency's state procurement laws?
I Yes
Page 35 of 182
nrF Ouotc# 200918I'OR
0311012021
Northencl Truck Bquipment
20812 Broadway Ave.
Snohomish, WA 98296
Ph: 360-653-6066 Fax: 360-653-0100
1 -800-653-6066
Visit Our Web Site - u'r.ru'.nr.ilthcntltlLrcl<.corrr
Prepared For:
Tim Johnson
City of Port Orchard
360-535-2473
tiqhnson@citvqfpqdgrcha rd. us
l5
rFp,rt
ORCHARD
State of Washington Current Contract Information:
Effective Date: 05-01-201 8
Contract number: 01117
Contract title: DUMP BODIES, SNOW PLOWS VARIOUS TYPES,
CONTROI,S & SERVICES
Pricc Quotation For
$17 1'.7.65
s|,779.75
Contractor Dump Bodies 10 / 12 cu. Yd. Q.Jorthend
Truck Equip)
J Third door (centered)
Tire Chain -slglggq Hog$ __.
SteelTool Box l8 x18x24, CA Room Permitting
(lnstalled)
8 [)cu'case to 12' 6"
Truck-Lite #80800 Plow Lights, To Be Hooked Up To
Chassis Provided Wiring and Switch, Includes
Adj ustable Stainless Steel Brackets (lnstalled)
Electric T System
28 Ladder Walk Rails I.L.O, Rebar
Hydraulic Controlled "Hi-Lift" TaiIgate, with Separate
Hydraul i c Circuit"Hi-Lift" Tailgate with Separate
Controller In Cab
Back-Up Camera Ecco 7000
Ecco Beacons (Per Pair)
NTE Basic raulics'and
Open Center Snow and Ice System 4 Section Valve With
Dual Flow, Manual Electric Sander Valve Control and
Stainless Box (Room Pennitting) With 20 Gal./Minute
Gear Pump Front Mounted With OEM Front Frame Rail
Extensions, Air Control Consolc, Behind The Cab Tank,
or VT35 with Poly Or Stainless Lid, With Basic I Ioses
and Fittings Installed (See Sander Line Option)
Hot Shift PTO I.L.O. Manual Transmission For Allison
Sander Lines The Rear With QDs
Total With Q-uullity Items Selected
Applicable Sales Tax Percentage at Delivery
20
24
$834.7s
$8ss.7s
$30,415.35 $30,415.35
119
t3l
82
99
87
9l
140
135
139
$6s2.0s
$260.40
$s92.20
-$1,506.75
$866,25
$374.8s
$5,064.15
$3 755.85 $3,755.85
$5,064,l5
$652.0s
$260.40
ss92.20
$!,s06.75
$866.2s
$374.8s
I
i-
I
I161
t64 52
29
50 $834.7s
$8ss.7s
4 7,3 ,675s
779.75
$ 1,411.20
8.70%
68,126.04
5,452.59
5l
59 1t
Total Price with Tax Included
Location
$1,411.20
Page 36 of 182
.nrF Ouote# 2009I8POR
0311012021
Northend Truck Equipment
20812 Broadway Ave.
Snohomish, WA 98296
Ph: 360-653-6066 Fax: 360-653-0100
l-800-653-6066
Visit Our Web Site - lvww,northendtluck,corn
Notesr
1. New chassis requires 96"- 98u usable CT
2. Body to be Painted White
3. Chassis Requires Stationaty Grill and Extended Front Frame Rails
3. Include (4) D-rings in all four corners inside body.
4, Current Units Sides ate 34" to where bottom of side boards sit.
* In addition to a Signed Dump Body Purchase Order Our Shop Must Receive Customers Accurate
Chnssis DTA and Drawins/$necre with CA and Cab Height Before Build Can Be Scheduled In Production.
Accepted:f,ne,/ 4-A.*"3110/2021 Accepted:3-zq-z/
Zack Andrews
NORTTIEND TRUCK EQUIPMENT
Tim ohnson
City of Port Orchard
PO#
Thank You for your help on this, if you have any questions or need additional information
Please call or email me at 425-903-2207, ZncliA@northendtruck.com
Sincerely,
NORI'FTEND'r'RUCIK EQU rPMUNl'
Zack Andrews
Sales
2of2
Page 37 of 182
nnF 9uotc# 200919I,OR
031t0t2021
Northend Truck Equipment
20812 Broadway Ave,
Snohomish, WA 98296
Ph: 360-653-6066 Fax: 360-653-0100
l -800-653-6066
Visit Our Web Site - www,northendtruck.corn
Prepared For:
Tim Johnson
City of Port Orchard
360-535-2473
tiohnson@citvofportorchard,us
State of Washington Current Contract Information:
Effective Date: 05-01 -201 8
Contract number: 011 17
Contract title: DUMP BODIES, SNOW PLOWS VARJOUS TYPES,
CONTROLS & SERVICES
311012021 Accepted: Date:
Tim Johnson
City of Port Orchard
PO#
Price Quotation For
Fo.tt.oncHAFD
Notes:
. This Unit To Be Installed On 10/12 Yard New Build For City of Port Orchard - Reference Quote # 200918POR
Accepte*/za,(./-lr.*"
Zack Andrews
NOt{]' l'l DN D ]'lt t.iCrK L:QU I Plvl llNl'
Thank You for your help on this, ifyou have any questions or need additional information
Please call or email me at 425-903-2207, Z,Fck4(a)no-rthencltruch.com
Sincerely,
Nolt'l'l lLlNl)'l-ltLJCK llQt ltPMljNl
Zack Andrews
Sales
Dump Body Category A (Sanders)
$29,21s.2064
77 7
Monroe l2' Sander with Pre-Wet Built to State Spec.
Sections I. 1-8, II. l-ll, III, l-19, IV. 1-18
Tailgate latch bar bolted to the longsill at the rear for
securing to the body with the truck tailgate latch system.
Material to be stainless.
1
1
I $1,108.80
$593.25
I
$29,215.20
$s93,2s
$1,108,80
$9,857,40 $9,857.40
79
93
9
23
Dog house with sloped front. Depending on hopper and
dump body combination an optional dog house cutout
with a sloped front must be available.
Leg kit kit with subframe for sanders with prewet l3 feet
and shorter). Material to be stainless.
Total With Qurntity Items Selected
Applicable Sales Tax Percentage at Delivery Location 8.70%
$40,774.65
$ 3,547.39
s 44,322.04Total Price with Tax Included
1of1
Page 38 of 182
nrl3 Quote# 20Qej-0P-QR
03/1012021
Northend Truck Equipment
20812 Broadway Ave.
Snohomish, WA 98296
Ph: 360-653-6066 Fax: 360-653-0 1 00
l-800-653-6066
Visit Our Web Site - www.northencltrr"rck.cont
Prepared For:
Tim Johnson
City of Port Orchard
360-535-2473
ti-ohnson@citvof portor-qha rd.us
Accepted:f,za( r/*At*t
Zack Andrews
NORI'HEND TRUCK EQUIPMENT
Qa'ti.ORCHARD
Price Quotation For
Notes:
1. Chassis Requires Stationaty Grill and Extended Front Frame Rails
2. Plow Installed On 10/12 Yard New Build For City of Port Orchard - Reference Quote # 200918POR
State of Washington Current Contract Information:
Effective Date: 05-01-201 8
Contract number: 01117
Contract title: DUMP BODIES, SNOW PLOWS VARIOUS TYPES,
CONTROLS & SERVICES
3/10/2021 Accepted:Date:
Tim Johnson
City of Port Orchard
PO#
Thank You for your help on this, if you have any questions or need additional information
Please call or email me at 425-903-2207, ZnckAfrduol:tlrln<ltruck,com
Sincerely,
NOR',n I DNI)'n{U(:t( tlQt .l tpMt rN't'
Zack Andrews
Sales
1 $12,688.20 $12,688.2016
26 $708.7s $708.7s
36
t4
ll
I I
I $4,458.30 $4,458.30
47 22 11 $55.6s
Plow shipped to Northend Truck set up and tested with
plumbing. Ship with completed unit. (Must Pick a Plow
Hitch Option)
Rubber foot
Ameri can PoSnow 39 -Pl1 SAPlow,
6Plow Ca
NTE Quick Hitch (Must Have Extended Full Front
Frame Rails (Not Bolt On) and Stationary Grill)
$612. ls
Additional Options
ack Stand For Plow. PN: 980648 $91.60 $91.60
8.70%
I
$
Total With
Sales Tax
Items Selected
at Location 1,614.63
$l
Total Price with Tax Included $ 20,173.63
1of1
Page 39 of 182
City of Poft Orchard
216 Prospect Street
Poft Orchard, WA 98366
(360) 876-4407
PURCHASE ORDER
P.O. No.024-21
Date: March 2312021
Ship To:
RWC Group LTD
Robert Murray
2312 Milwaukee Way
Tacoma, WA 98421
BillTo:
Ordered
Qtv Descri
THIS ORDER IS A CONFIRMATION Yes
THIS ORDER IS NOT A CONFIRMATION
ACCOUNT CODE:
Northend Truck Equipment
20812 Broadway Ave.
Snohomish , W A 98296
Unit Price Total
Subtotal
Tax (10.5%)
Shipping
Add'l Fees
Bal Due
Attn: Accounts Payable
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Gretchen Isaksson
Finance Department
City Clerk Signature
International Dump Truck Chassis $96,340.80 $96,340.80
*See also Purchase Order No. 025-21 with Northend Truck Equipment*
City of Port Orchard Contract No. 057-13
State OSP Contract No.01513 Item B-3
*See attached Proposal from RWC Group LTD for more details*
IF TOTAL COST IS OVER $7,5OO.OO ATTACH PROCUREMENT DOCAMENTS
$96,340.80
$10,115.7B
$o
$o
$106,456.58
Page 40 of 182
CITY OF PORT ORCHARD
PURCHASES THROUGH INTERLOCAL AGREEMENTS
City Contract No.: CO57-11
lnterlocal Agreement with the Host Agency (government agency or Purchasing Co-Op name):
Deoartment of Svstems {DESI
Item Description:I Dumo Truck Chassis
Do you have an lnterlocal agreement signed with the contract (hostf Agency?X lfyes,where is it filed: ClerksE If no, get a mutually signed Agreement in place before you continue.
State OSP Contract No.#: 01513 ttFm.B-?
lf you have an Office of State Procurement (OSP) controct number you moy skip the remoinder of this test
becauie the OSP contracts comply with remaining requirements and retoin the documentotion on hond for
SAO to review in the OSP offices.
ls this a technology contract?E If yes, do your own rules allow for technology contracts to be negotiated?E If your own rules allow for negotiated IT contracts, you can skip this test.
ls this a services contract?E If yes, do your own rules allow services to be negotiated?E If your own rules allow for negotiated services, you can skip the remainder of the test.
Are you using this as only one of multiple quotes, for a small purchase?
E If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules.
Checklist for uired Com liance
I RCW gg.g+.020 (1), "public agency" means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency
of the state governmenU any agency of the United States; any lndian tribe recognized as such by the federal government; and any
political subdivision of another state
Is the Host agency a public agencyr?n Yes nNo If Yes, what state laws apply to Host Agency:
Minnesota
Does the host agency have a requirement
to run a newspaper ad in their local papor
and did they comply
n Yes nNo Federal and State contract rules usually don't
require a newspaper ad. For others, attach the
ad or place into the file
Did they list on the public agency's
website?
n Yes []No If Yes, state when and the address, and proof
ofdate, address shall be attached or placed intc
the file. If No, you cannot use the bid.
Did the bid & award comply with the
Host agency's state procurement laws?
D Yes nNo If Yes, obtain documentation to support answer
from Host Agency. If No, you cannot use the
bid.
Page 41 of 182
RWC Group LTD
Robert Murray
Manager, Government & Municipal Sales
2312 Milwaukee Way
Tacoma, WA 98421
Telephone: (800) 654-5850 (253) 272-g4}t
Fax: (253) 383-4281
PROPOSAL OF THE BELOW
DESCRIBED TRUCK FOR:
City of Port Orchard
Make/Model HV
Rear Axle 40k
Trans Model 3000 RDS
Important Notes:
Sales Price:
Subtotal:
Net Trade:
Sales Tax:
Total Price:
Accepted for the Seller by
Year 2021
Front Axle 18k
Engine [9 370hp
Truck VtN 0
Suspension 0
Please review for desired options and Operational requirements
Proposal based on WA State Contract 01513 ltem B-3, excel spreadsheet with options and TOpS
proposal 11537
Finance charges will be assessed for late payments
s
s
s
$
$
96,340.80 Per Unit - Federal Excise Tax not lncluded (Need Exemption #)
96,340.80
LO,lLs.78
106,455.58
RoA*67/hn/nq
Accepted for the Buyer by:
Page 42 of 182
City of Port Orchard
Council Meeting Minutes
Regular Meeting of March 23, 2021
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Ashby Present via Remote Access
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Present via Remote Access
Councilmember Diener Present via Remote Access
Councilmember Lucarelli Present via Remote Access
Councilmember Rosapepe Present via Remote Access
Mayor Putaansuu Present via Remote Access
Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond,
Public Works Director Dorsey, Utility Manager J. Brown, Operations Manager Lang, Police Chief M.
Brown, City Attorney Archer, City Clerk Rinearson and Deputy City Clerk Floyd.
Mayor Putaansuu stated pursuant to the Governor’s Stay at Home, Stay Safe order, the City Council
will be conducting the meeting via Zoom this evening.
The meeting is also streaming live on Facebook.
A. PLEDGE OF ALLEGIANCE
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA
Mayor Putaansuu said he is pulling the State of the City discussion as he plans on bringing this
forward at a future work study session.
MOTION: By Councilmember Cucciardi, seconded by Councilmember Ashby, to modify tonight’s
agenda by removing Business 7I, Approval of Supplemental Agreement No. 2 to Contract No. 072-18
with Tierra Right of Way Services so it can be brought before the Finance Committee for further
discussion.
Page 43 of 182
Minutes of March 23, 2021
Page 2 of 7
The motion carried.
MOTION: By Councilmember Rosapepe, seconded by Councilmember Ashby, to approve the
modified agenda as presented.
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
4. CONSENT AGENDA
A. Approval of Voucher Nos. 81629 through 81706 and 81713 through 81770 including bank drafts
in the amount of $495,090.56 and EFT’s in the amount of $44,538.05 totaling $539,628.61.
B. Approval of Payroll Check Nos. 81707 through 81712 including bank drafts and EFT’s in the
amount of $247,845.98; and Direct Deposits in the amount of $177,125.50 totaling $424,971.48.
C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 Establishing
Regulations and Fees Related to Parking, Stopping or Standing in Certain Areas of the City
(Ordinance No. 011-21)
D. Approval of the Purchase of a Kohler Portable Generator Via Sourcewell Contract 120617-KOH,
Formerly Known as National Joint Powers Alliance (NJPA)
E. Approval of the March 9, 2021, City Council Meeting Minutes
MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to accept the
consent agenda as presented.
The motion carried.
5. PRESENTATION
There were no presentations.
6. PUBLIC HEARING
There were no public hearings.
7. BUSINESS ITEMS
A. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget Salary Table
MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt an ordinance
amending Exhibit A to Ordinance No. 035-20, the 2021-2022 Biennial Budgets for the City of Port
Orchard.
Page 44 of 182
Minutes of March 23, 2021
Page 3 of 7
The motion carried.
(Ordinance No. 015-21)
B. Adoption of an Ordinance Authorizing Creation of the Position of Permit Technician
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt an Ordinance
authorizing the creation of the Permit Technician position and the general qualifications and duties
for the position.
The motion carried.
(Ordinance No. 016-21)
C. Adoption of a Resolution Approving a Contract with Technical Systems, Inc. for the 2021 SCADA
Radio Communications Design/Radio Licensing/Implementation Project
MOTION: By Councilmember Lucarelli, seconded by Councilmember Ashby, to adopt Resolution No.
023-21, authorizing the Mayor to execute Contract No. C041-21 with Technical Systems, Inc. for the
2021 SCADA Radio Communications Design/Radio Licensing/Implementation Project in the amount
of $56,700, and documenting the Professional Services procurement procedures.
The motion carried.
D. Adoption of a Resolution Approving a Contract with FieldTurf USA, Inc. for the Van Zee
Tennis Court Resurfacing Project through Sourcewell
MOTION: By Councilmember Diener, seconded by Councilmember Chang, to approve Contract No.
C042-21 with FieldTurf USA, Inc. for the Van Zee Tennis Court Resurfacing Project for the installed
amount of $27,366.63 (applicable tax included) through Sourcewell Contract No. 060518-FTU.
The motion carried.
(Resolution No. 024-21)
E. Adoption of a Resolution Approving a Contract with Katy Isaksen and Associates for the 2021
Utility Financial Program Project
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt Resolution No.
026-21, authorizing the Mayor to execute Contract No. C038-21 with Katy Isaksen & Associates for
the 2021 Utility Financial Program Project for $28,000 and documenting the Professional Services
procurement procedures.
The motion carried.
Page 45 of 182
Minutes of March 23, 2021
Page 4 of 7
F. Approval of the Purchase of (2) Cornell Sewage Pumps and Replacement Parts from PumpTech,
Inc. for the Bay Street Sewerage Lift Station
MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to approve the purchase
of two (2) Cornell Sewage Pumps and Replacement Parts from PumpTech, Inc. for a total purchase
price of $42,973.26 (applicable tax included).
The motion carried.
G. Approval of Amendment No. 2 to Contract No. 032-18 with BHC Consultants, LLC for the
McCormick Lift Station No. 2 Project
MOTION: By Councilmember Rosapepe, seconded by Councilmember Lucarelli, to authorize the
Mayor to execute Amendment No. 2 to Contract No. C032-18 with BHC Consultants, LLC for the
McCormick Woods Lift Station #2 Project Construction Administration/Construction Management
Support Services in the amount of $33,500 for a total amended contract amount of $562,000 and
extending the contract expiration date to May 31, 2021.
The motion carried.
H. Approval of Amendment No. 2 to Contract No. 039-18 with BHC Consultants, LLC for the Well
No. 13 Project
MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to authorize the Mayor
to execute Amendment No. 2 of Contract No. C039-18 with BHC Consultants, LLC, for the for the Well
#13 Project in the amount of $27,000, for a total amended contract amount of $1,282,110.
The motion carried.
I. Approval of Supplemental Agreement No. 2 to Contract No. 072-18 with Tierra Right of Way
Services, LTD Regarding the Bay Street Pedestrian Pathway Project
This item was pulled from the Agenda earlier in the meeting.
J. Approval of Amendment No. 1 to Contract No. 075-20 with Rice Fergus Miller, Inc. for the 2020-
2021 City Hall Improvement Project – 30% to 100% Ad Ready PS&E and Bid Support
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to authorize the Mayor
to execute Amendment No. 1 to Contract No. C075-20 with Rice Fergus Miller, Inc. for the 2020-2021
City Hall Improvement Project - 30% to 100% Ad Ready PS&E and Bid Support in an amount of
$394,676.
The motion carried.
Page 46 of 182
Minutes of March 23, 2021
Page 5 of 7
K. Approval of a Contract with G12 Communications for Phone System Services
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the Mayor
to enter into an agreement with G12 Communications to provide a phone system and services to the
City.
The motion carried.
(Contract No. 045-21)
8. DISCUSSION ITEMS (No Action to be Taken)
A. Mayor’s State of the City
This item was pulled from the Agenda earlier in the meeting.
B. Retreat Draft Agenda
Mayor Putaansuu said a discussion related to sales tax measure for road improvements has been
added to the Council’s retreat agenda. We are getting quite a few policy items on the agenda and
we were going to open with a 35-to-40-minute discussion about the organizational assessment
completed last fall, but maybe this should be moved to the end of the meeting.
Additional discussion was held regarding the length of the retreat, recruitment and diversity, and
equity and inclusion.
9. REPORTS OF COUNCIL COMMITTEES
Councilmember Cucciardi reported the Economic Development and Tourism Committee is scheduled
to meet April 12th.
Councilmember Lucarelli reported the Utilities Committee is scheduled to meet April 13th. She also
reported on the March 15th Festival of Chimes and Lights Committee meeting. The next meeting is
scheduled for April 19th.
Councilmember Rosapepe reported the Land Use Committee is scheduled to meet April 14th. He also
reported on the March 22nd Lodging Tax Advisory Committee meeting.
Councilmember Clauson reported on the March 16th Finance Committee meeting. The next meeting
is scheduled for March 30th.
Councilmember Ashby reported on the March 23rd Transportation Committee meeting. The next
meeting is scheduled for April 27th. She also reported on the Kitsap Regional Coordinating Council
countywide planning policies.
Page 47 of 182
Minutes of March 23, 2021
Page 6 of 7
Mayor Putaansuu reported on the Gorst Coalition, meetings regarding appropriations and the
American Rescue Plan, Community Events Center, Anderson Hill roundabout, Mayor’s Exchange, and
meeting with Soroptimist regarding naming rights to one of the rooms in the Community Center.
10. REPORT OF MAYOR
The Mayor reported on the following:
• In accordance with Ordinance No. 008-20, ‘Delegating Authority to the Mayor for Creation
and Modification of Job Descriptions’, he reported the Seasonal Public Works job description
was updated to remove references to old position titles and more accurately describe the
duties of our seasonal workers which are primarily limited to routine parks and facilities
cleaning and maintenance; and
• Signs for the parks survey.
After a brief discussion, the sign Port Orchard Parks (POP), was agreed upon.
• Parks survey questions.
A brief discussion was held regarding the questions and which ones should be removed from the
survey.
• Requirements to open City Hall.
11. REPORT OF DEPARTMENT HEADS
Public Works Director Dorsey thanked Council for their continued support of the Public Works
department and said the Tremont Street Widening project has won the American Public Works
Association Washington Chapter 2021 Project of the Year Award.
Community Development Director Bond thanked Council for their support in helping them get
through this very busy period in the Department of Community Development.
Police Chief Brown gave an update on the Navigator who has been working for about a month with
the City.
12. CITIZEN COMMENTS
There were no citizen comments.
13. EXECUTIVE SESSION
There was no executive session.
Page 48 of 182
Minutes of March 23, 2021
Page 7 of 7
GOOD OF THE ORDER
Utility Manager Jacki Brown spoke about the Foster Pilot Program.
Councilmember Cucciardi reported the Kitsap Economic Development Alliance will have their annual
meeting March 25th.
Councilmember Rosapepe thanked the Mayor, Council, Public Works Director Dorsey, and Assistant
City Engineer Hammer for their role on the Transportation Committee.
Mayor Putaansuu noted the City made an offer to an entry-level engineering candidate, but he
received an offer from his current City that he could not refuse.
Councilmember Diener said he will be gone the next two Council meetings.
14. ADJOURNMENT
The meeting adjourned at 8:01 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 49 of 182
This Page Intentionally Left Blank
Page 50 of 182
Council Meeting
Bay Street Pedestrian Path
04.13.2021
Note: This is intended to illustrate the project estimates and potential funding sources.
Page 51 of 182
Bay Street Pedestrian Pathway~ Historical to current (1994-2021) $4.064 Mil:
Project is completing the ROW Phase to acquire and then complete the construction of the Bay Street Pedestrian Pathway.
Total Funding 4,063,722$
Federal Grants 1,687,035
State Grants 1,483,500$
Local Funding 893,187$
Fiscal Year WSDOT/FHWA
STPE EN94-(010)
WSDOT/FHWA
5253
WSDOT/FHWA
6165
WSDOT/
CNWA 6165
DOE
G0600257
DOC
302/304
RCO-
Rockwell
Prop Pchs
City Projects
Fund REET RecRes
Current
Expense
Fund
City Street
Fund
Storm
Drainage Totals
1994-1996 78,800 78,800
2002 462 72 534
2003 18,978 2,962 21,940
2004 21,425 14,978 36,403
2005 15,232 2,825 18,057
2006 26,943 19,950 5,256 52,149
2007 10,953 - (10,819) - - 134
2008 - 81 - 81
2009 44,053 76,511 6,637 - 127,202
2010 119,121 140,453 18,591 - 278,165
2011 11,400 77,955 2,462 - 91,818
2012 - 25,497 - 0 38,023 83 63,603
2013 1,781 467,003 (108) 113,857 - 10,000 592,534
2014 1,790 21,341 20,315 - 43,445
2015 27,350 304,579 - - 142,266 474,195
2016 521,816 15,432 6,920 - 7,131 86,134 637,432
2017 379,274 4,041 98,830 1,434 96,448 71,600 7,500 659,127
2018 8,255 513,698 47,921 569,874
2019 61,895 6,210 175,593 243,698
2020 40,112 31,651 71,763
2021 2,396 374 2,770
Totals 78,800 268,567 1,339,668 539,380 19,950 818,420 105,750 320,144 217,437 338,023 83 7,500 10,000 4,063,722
City FundsState GrantsFederal Grants
If this project was terminated, the additional costs and repayment could be as follows:
Direct expenses:$650,000 House Removal($200k) Seawall($450k)
Grant Repayment:$0-$1.340 million depending on WSDOT and FHWA
Page 52 of 182
Bay Street Pedestrian Pathway-Timeline
~Historical to current (1990-2021) $4.064 Mil
Page 53 of 182
Bay Street Pedestrian Pathway Future~ $7.825 million:
Project is completing the ROW Phase to acquire and then complete the construction of the Bay Street Pedestrian Pathway (Segment 1,6-11).
Category Start Completion Cost Total
ROW-Consulting Services 09.01.2021 $825,000
$2.825 millionROW-Purchase 09.01.2021 Est. $2,000,000
Construction 01.01.2022 12.31.2023 Est. $5,000,000 $5.0 million
Total $7,825,000
Funding Sources Amount Cash/Debt Budgeted Funding Available
Federal Grant (ROW)$913,000 Cash 2021-2022 Yes
Real Estate Excise Tax 1 (ROW)$143,000 Cash 2021-2022 Yes
Real Estate Excise Tax 1& 2 (ROW)$1,796,000 Cash No Yes
Federal Grant (Construction)$2,900,000 Cash No Yes
Real Estate Excise Tax 1&2
(Construction)
$2,100,000 Cash No Relies on
future REET
Funding
$3.896 Million
Page 54 of 182
Category Real Estate Excise Tax 1 Real Estate Excise Tax 2
Beginning Bal as of 01.01.2021 $1,625,464 $1,641,128
2021-2022 Budgeted Biennial Revenues $700,000 $1,377,331
2021-2022 Budgeted Biennial Expenses ($393,000)($1,198,200)
2021-2022 Est. Ending Balance $1,932,464 $1,820,259
2021-2022 Obligations Expenses
•City Hall Design @ $250k
•Tremont Audit Reserve
•TIP 1.2 Bay Street @ $625k
•TIP 1.2 ROW @ $1.171 Mil
($250,00)
($250,00)
($625,000)
($585,500)
$-
$-
$-
($585,500)
New Est. Ending Balance
(After 2021-2022 Obligations)
$221,964 $1,234,759
2023-2024 Obligations Expenses
•Tremont Debt Service $-($598,200)
New Est. Ending Balance
(After 2023-204 Obligations)$221,964 $636,559
$3.752 Million
$1.456 Million
$858,523
Page 55 of 182
Capital Projects Est. Project Cost Funding Gap/Shortfall
City Hall Improvements $8.5 Million $8 million
Bethel &Lincoln Round About TIP 2.04 $2.8 Million $800,000
Bay Street TIP 1.2 Ped Path $7.825 $3.896 million
Well #11 $8 Million $5.5 million
Well #13-Part B $5 Million $5 million
Marina Pump Station $13 Million $11.7 million
Other Eligible Capital Projects
•Transportation Improvement Plan (TIP)
•Water Capital Improvement Plan (CIP)
•Sewer Capital Improvement Plan (CIP)
•Storm Capital Improvement Plan (CIP)
•Facility Capital Improvement Plan (CIP
•Parks Capital Improvement Plan (CIP)
****
Funding Solutions:
•American Rescue Plan (ARP): ~$3.2 Million
•City (LTGO, Water, Sewer) Borrowings
•Transportation Impact Fees
•Water/Sewer Connection Fees
•Water/Sewer Rate Revenue
•General Fund Balance- Over budgeted balances ~$3 Million
Page 56 of 182
Questions
Page 57 of 182
City Council approval
of Bay Street
Pedestrian Pathway
Project design phase
contract with NL
Olson & Assoc.
WSDOT/H&LP reestablishes the prospectus for
the Bay Street Pedestrian Pathway Project @ 2-
lanes for bikes & pedestrians = 14-ft
Completion Report, beach cleanup
mitigation - GeoEngineers
1990 1990 1992 1994 1996 1998 2000 2002 2004 2006 2008
Origin of the Bay
Street Pathway
Project, being bike &
pedestrian safety,
Improvements needed
at the current Seawall
location
January 1990
City Council approves right-
of-way vacations (25-ft) along
Bay Street East
January 1992
WSDOT/H&LP establishes the
prospectus for the Bay Street
Pedestrian Pathway Project (width
undefined)
January 2002
WSDOT/H&LP reestablishes the
prospectus for the Bay Street Pedestrian
Pathway Project @ 2-lanes; curb/gutter,
sidewalk & bike lane = 13-ft
March 2006 Advertisement, design
phase for the Bay Street
Pedestrian Pathway
Project
August 2009
Bay Street Pedestrian Pathway Project added to
the City’s 2000-2005 Transportation
Improvement Program
July 1998
Kitsap County publishes the Mosquito Fleet Trail
Master Plan and establishes the Bay Street
Pedestrian Pathway Project as PO-8
August 2001
GeoEngineers develops a Scope &
Budget for the Bay Street Pedestrian
Pathway Project Water Quality Grant
(beach cleanup mitigation)
August 2005
Federal Grant Awarded #6165: City Council accepts
$300K of the total for Bay Street Pedestrian Pathway
Project design phase
March 2006
November 2006
2009 2010 2011 2012
November 2009
GeoEngineers initiates Section 106
Consultation with State Agencies for
the Bay Street Pedestrian Pathway
Project
February 2010
City Council Work Study
Presentation – Bay Street
Pedestrian Pathway Project by
NL Olson & Assoc.
(30% design & alternatives)
May 2010
Bay Street Pedestrian Pathway
Project - Substantial Shoreline
Development Permit Notice of
Application/SEPA MDNS issued
(comments received; Fulkerson,
Sweeney, Schiele, Quisenberry,
Opstrup/Curtoni & Stenmen)
October 2011
Bay Street Pedestrian
Pathway Project - Notice of
Public Hearing Substantial
Shoreline Development
Permit, Conditional Use
Permit & Variance
January 2012
February 2010
City Council approval of the construction
contract for Bay Street Seawall Safety
Upgrade Project
April 2010
Kitsap Transit Letter of Support
July 2010
Bay Street Pedestrian Pathway Project - Substantial
Shoreline Development Permit Application submittal
with 236 property notifications issued
September 2011
Bay Street Pedestrian
Pathway Project - SEPA
MDNS issued (no
comments received)
December 2011
20132013
Bay Street
Pedestrian Pathway
Project - Public
Hearing
February 2012
Bay Street Pedestrian
Pathway Project - Hearing
Examiner
Decision/Recommendations
February 2012
City Council approval of ILA with the Port
of Bremerton – Bay Street Pedestrian
Pathway Project Segment #2 Construction
in association with the Port’s Waterfront
Park Expansion Project
July 2012
January 2013
City Council approval of Bay Street
Pedestrian Pathway Project Segment #5
construction contract with MVG
February 2013
Bay Street Pedestrian
Pathway Project -
Substantial Shoreline
Development Permit
filing with Ecology
February 2012
Bay Street Pedestrian Pathway Project - Ecology
approval of SSDP, CUP & Variance
March 2012
State Grant Award: City Council
accepts $500K from DOC for Bay
Street Pedestrian Pathway
Project Segments #2 & #5
Construction
September 2012
City Council approval of Bay Street
Pedestrian Pathway Project
Segment #5 design support &
construction administration contract
with NL Olson & Assoc.
January 2013
2013 2014
Advertisement, right-
of-way phase for the
Bay Street
Pedestrian Pathway
Project
August 2013
City Council approval of Bay
Street Pedestrian Pathway
Project right-of-way phase
contract with UFS (put on hold)
November 2013
State Grant Award: City Council accepts
$336K from DOC for Bay Street Pedestrian
Pathway Project Segments #4 Construction
April 2014
Summary of Bay Street Pedestrian
Pathway Project “Precursor” findings
by UFS – Phase 2
July 2014
City Council Discussion #1 of Bay
Street Pedestrian Pathway Project
alternatives – Phase 2
August 2014
City Council approval of
Bay Street Pedestrian
Pathway Project right-of-
way phase “Precursor”
services with UFS
February 2014
City Council approval of Bay Street Pedestrian
Pathway Project Segment #4 design contract with
NL Olson & Assoc.
March 2014
Summary of Bay Street Pedestrian
Pathway Project agency approvals
(Federal, State & Local) –
GeoEngineers
May 2014
Summary of Bay Street Pedestrian
Pathway Project overwater
impacts/mitigation – GeoEngineers
July 2014
Notification – City Council discussion of Bay Street Pedestrian Pathway
Project alternatives – Phase 2
August 2014
2015 2016 2017
City Council directs the Public
Works Department to move
ahead with a non-deviated
Pathway – Phase 2
October 2014
City Council approval of Bay Street
Pedestrian Pathway Project Segment
#4 construction contract with Zemek
July 2015
WSDOT/FHWA approval of
ECS/NEPA for the Bay Street
Pedestrian Pathway Project
– Phase 2
November 2015
City Council approval of Bay Street
Pedestrian Pathway Project Segment
#3 design contract with NL Olson &
Assoc. and WSDOT approves Sole
Source Services
August 2016
Advertisement, Bay Street Pedestrian
Pathway Project Segment #3
construction Engineering Support
March 2017
City Council Discussion #2 of
Bay Street Pedestrian Pathway
Project alternatives – Phase 2
(Williams, Jones, Vaught,
Cottrell, Harmon, Passow,
Whittleton provided comment)
October 2014
Advertisement, Bay Street Pedestrian
Pathway Segment #4 construction
June 2015
Request to WSDOT, modification of ECS/NEPA for the
Bay Street Pedestrian Pathway Project – Phase 2
July 2015
State Grant Awarded #6165 of $3.5 million: City receives
$544K of total CNWA for Bay Street Pedestrian Pathway
Project Segment #3 construction
May 2016
Advertisement, Bay Street Pedestrian Pathway Project
Segment #3 construction CACM
January 2017
2021
Today
2018 2019 2020 2021
City Council approval
of Bay Street
Pedestrian Pathway
Project Segment #3
CACM with Exeltech
April 2017
WSDOT approval RW Cert#1 –
Bay Street Pedestrian
Pathway Project Segment #3
January 2018
Advertisement, continuation of right-
of-way phase for the Bay Street
Pedestrian Pathway Project
May 2018
City reaches out to WSDOT/H&LP’s to
confirm alternatives to a Jersey
Barrier
February 2019
WSDOT confirms 14-ft
minimum width for multi-
modal pathway
August 2019
Anticipated advertisement for the Bay
Street Pedestrian Pathway Project
construction completion (Segment#1,
Segments #6-11)
January 2021
Advertisement, Bay Street Pedestrian Pathway
Project Segment #3 construction
March 2018
City Council approval of Bay Street
Pedestrian Pathway Project Segment
#3 construction with Neptune Marine
April 2018
City Council approval of the Bay Street
Pedestrian Pathway Project right-of-way
phase continuation contract with Tierra
November 2018
State Grant Awarded #66165 remaining $3.0 million:
CNWA for the Bay Street Pedestrian Pathway Project
construction completion (Segment#1, Segments #6-11)
January 2019
Federal Grant Award: City Council
accepts $331K for Bay Street Pedestrian
Pathway Project for Seawall
February 2002
Selection Process for
Bay Street Seawall
Safety Upgrade
Project Design
Contract
March 2009
City Council approval of the Bay
Street Seawall Safety Upgrade
Project design contract with NL
Olsen & Assoc.
April 2009
Final Bay Street Seawall Safety
Upgrade Project Environmental
Classification Summary Approval
July 2009
Advertisement, Bay Street Seawall Safety
Upgrade Project Construction Contract
with Henderson Partners
March 2010
Road Closure Notice – Bay Street
Seawall Safety Upgrade Project
May 2010 Advertisement, Bay Street Pedestrian Pathway
Segment #5 construction
Federal Grant Award: City Council accepts
$609,660 for Bay Street Pedestrian Pathway
Project Right-of-Way Phase
June 2013
State RCO Grant Awarded #14-
1438A $105K: RCO for the Bay
Street Pedestrian Pathway
Project Acquisition of Right-of-
Way and Trail
October 2015
Federal Grant Award: City Council accepts
$2,250,340 for Bay Street Pedestrian
Pathway Project Right-of-Way Phase
January 2016
Federal Grand Award: Previous Awarded
$331k Expended for Bay Street Pedestrian
Pathway Project for Seawall
July 2009
Page 58 of 182
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 Meeting Date: April 13, 2021
Subject: Adoption of an Ordinance Amending Port Prepared by: Nicholas Bond, AICP
Orchard Municipal Code Chapter 20.04 DCD Director
Timing of Comprehensive Plan Amendment Atty Routing No.: Matter 11-Development
Submittals Atty Review Date: March 1, 2021
Summary: POMC 20.04.060 currently requires that all applications for amendments to the City’s Comprehensive
Plan must be submitted to the Department of Community Development (DCD) by 4:00 pm on January 31 of each
year. This requirement applies to both general applications from citizens, and to applications prepared by the
City itself. However, this requirement has proven to create a hardship for the City, whose Comprehensive Plan
amendments often depend on financial information and results of planned studies that cannot be provided until
later in the calendar or fiscal year. This information includes items such as updates to the City’s 6 and 20-year
Transportation Improvement Program and updates to utility plans (water, stormwater and sewer), as well as
ongoing City projects that are subject to frequent updates and revisions, such as the South Kitsap Community
Events Center (SKCEC) and the Downtown Subarea Plan. Since the City can only revise the Comprehensive Plan
with general amendments once each year, per RCW 36.70A.130(2)(a), it is essential that the City be able to
include complete and up-to-date City-initiated amendments in each annual amendment package.
The City therefore proposes to revise POMC 20.04 to allow City-initiated amendments to be submitted to DCD at
any time prior to the City Council’s adoption of the final Comprehensive Plan amendment agenda, which is
required to be done by April 30 of each year. No change would be made to the annual deadline for citizen-
initiated amendments (January 31).
Relationship to Comprehensive Plan: POMC 20.04 provides the process for amending the City’s
Comprehensive Plan, including the submittal deadline and processing timelines.
Recommendation: Staff recommends that the City Council vote to approve an ordinance amending POMC
20.04, as presented.
Motion for Consideration: “I move to adopt an ordinance amending POMC 20.04, as presented.”
Fiscal Impact: None.
Alternatives: Revise the proposed deadline for City-initiated amendments (any time before Council’s
adoption of the final amendment agenda); do not amend the existing deadline.
Attachments: Ordinance.
Page 59 of 182
ORDINANCE NO. ____
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 20.04; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, consistent with RCW 36.70A.130, the City must periodically review and consider
revisions to its Comprehensive Plan; and
WHEREAS, the City has codified review procedures for amendments to the Comprehensive
Plan at Port Orchard Municipal Code Chapter 20.04; and
WHEREAS, the City desires to amend Chapter 20.04 POMC to allow greater flexibility,
consistent with RCW 36.70A.130, for the timing of City-initiated amendments to the
Comprehensive Plan, which are often time sensitive and arise due to the ever-changing needs of
the City throughout the calendar year; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for review on
April 2, 2020, and review was granted on March 2, 2021; and
WHEREAS, on March 23, the City’s SEPA official issued a determination of nonsignificance
for the proposed amendments, and there have been no appeals; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of this
Ordinance on April 6, 2021, and recommended adoption by the City Council; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City’s Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests
of the residents of the City and further advance the public health, safety and welfare; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION 1. POMC 20.04.060 Agenda Process - Amended. Port Orchard Municipal Code
Section 20.04.060 is hereby amended to read as follows:
Page 60 of 182
Ordinance No. ___
Page 2 of 3
20.04.060 Agenda process.
(1) The director shall prepare and administer a preliminary comprehensive plan amendment
agenda listing each application and containing written comments on proposed comprehensive plan
amendments. Any interested party, including applicants, citizens, and government agencies, may
submit items to the comprehensive plan amendment process agenda.
(2) All comprehensive plan amendment applications must be completed and submitted to
the planning department by 4:00 p.m. on January 31st of any year in order to be considered during
that year’s amendment process, provided City-initiated amendments may be submitted to the
director at any time prior to the adoption of the final comprehensive plan amendment agenda.
Completed applications that are received after the submission date will be placed on the
comprehensive plan amendment agenda for the following calendar year. Applications that are
incomplete will be returned to the applicant.
(3) By February 28th of each year, the director shall compile and maintain for public review
a recommended final comprehensive plan amendment agenda for site-specific amendments and
for city-wide amendments, including any proposed development regulations necessary to
implement such amendments. The director shall base these docket recommendations on a
preliminary evaluation of the need, urgency, and appropriateness of the suggested comprehensive
plan amendment as well as the planning department staff and budget availability to accommodate
the public review process.
(4) The director shall provide notice of the recommended final comprehensive plan
amendment agenda as provided in POMC 20.04.080.
(5) The director shall provide the recommended final comprehensive plan amendment
process agenda of project-specific amendments and city-wide comprehensive plan amendments,
along with a brief description of each suggested plan amendment to the city council for review and
consideration. The city council, after considering the development director’s recommended final
comprehensive plan amendment agenda, shall adopt the final comprehensive plan amendment
agenda for the current year plan amendment cycle no later than April 30th of each year.
SECTION 2. POMC 20.04.070 Process - Amended. Port Orchard Municipal Code Section
20.04.070 is hereby amended to read as follows:
20.04.070 Process.
Upon adoption of the final comprehensive plan amendment agenda, the annual
comprehensive plan amendment process shall be consistent with the general process and schedule
for applications as described in POMC 20.04.060. The planning commission shall make its
Page 61 of 182
Ordinance No. ___
Page 3 of 3
recommendation, by resolution, to the city council prior to June 30th of the current year. The city
council shall make a final decision on each proposed amendment by December 15th of the current
year. Determination of an exception to the annual amendment process shall be made by the city
council after recommendation by the planning commission. The failure to comply strictly with the
calendar established in this section shall not affect the validity of amendments to the
comprehensive plan.
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 as required by law. 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 13th day of April 2021.
____________________________
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
____________________________ ____________________________
Charlotte A. Archer, City Attorney Bek Ashby, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 62 of 182
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 Meeting Date:
April 13, 2021
Subject: Adoption of a Resolution Approving the Prepared by: Mark Dorsey, P.E.
Washington State Department of Public Works Director
Ecology’s Water Restoration and Atty Routing No.: 366922.0009 – PW
Enhancement Draft Plan for WRIA 15 Atty Review Date: March 28, 2021
Summary: Since 2018, the City of Port Orchard’s Public Works Staff have been actively participating in
the Water Resource Inventory Area (WRIA) 15 Watershed Restoration and Enhancement Committee
(Committee), formed in response to state legislative action in January 2018 which directed the
Washington State Department of Ecology to develop Watershed Restoration and Enhancement Plans for
several WRIA’s within Washington by June 30, 2021, that will provide regulation for ‘non-permitted’ or
‘permit-exempt domestic’ wells, which have proliferated in many areas and have been largely
unregulated. The Plans are intended to provide regulatory sideboards for permit exempt well
withdrawals within each WRIA, providing an ecological benefit to each watershed by ensuring that the
water withdrawn from the watershed is offset by water returning. The Committee, with the City’s
contributions, recently completed the preparation of the Plan for WRIA 15. Although the Plan consists of
enumerating and describing watershed restoration projects throughout the County, condensed down to
action items the Plan contains two main points: 1) it sets the number of permit exempt wells that can be
expected in Kitsap County in areas not within a GMA area or a water system service area (i.e., outside of
the City of Port Orchard and other cities in the County) and 2) it sets the amount of water expected to be
used by these exempt wells less the amount reintroduced to the aquifers via septic systems (termed
consumptive use in the documents). The key benefits from the Plan include: 1) approval of the WRIA 15
Watershed Restoration and Enhancement Plan will benefit City streams by locally regulating the
quantities of water being withdrawn from surface aquifers via domestic wells (which are almost
exclusively located outside of the City), and 2) approval of the WRIA 15 WRE-Plan benefits the City by
promoting habitat projects within the region that positively impact surface water flows. The key
drawbacks from the process includes: 1) to approve of the Plan, there must be consensus among all
members of the Committee, and absent consensus, Ecology (in its efforts to comply with ESSB 6091) may
elect to deviate from the Plan in its development of a new plan that is not subject to input from the local
agencies within WRIA 15. Please recall the Plan was discussed at both the Utility Committee and Land
Use Committee in February 2021, and at the March 16, 2021 Work Study Session.
Recommendation: In conformance with RCW 90.94.030, staff recommends approval of the Water
Restoration and Enhancement Draft Plan for WRIA 15, Contract No. C044-21, prior to final adoption by
the Department of Ecology by June 2021.
Relationship to Comprehensive Plan: Chapter 7 – Utilities
Page 63 of 182
Staff Report 7B
Page 2 of 2
Motion for Consideration: I move to approve the Water Restoration and Enhancement Draft Plan for
WRIA 15, Contract No. C0443-21.
Alternatives: Do not approve
Fiscal Impact: None
Attachments: Resolution No. 027-21 and Watershed Restoration and Enhancement Draft Plan
(excerpt, full Plan available at: https://www.cityofportorchard.us/draft-watershed-restoration-and-
enhancement-plan/.
Page 64 of 182
RESOLUTION NO. 027-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
THE WASHINGTON STATE DEPARTMENT OF ECOLOGY’S WATER RESTORATION
AND ENHANCEMENT DRAFT PLAN FOR WATER RESOURCE INVENTORY AREA
15.
WHEREAS, since 2018, the City of Port Orchard’s Public Works Staff have been actively
participating in the Water Resource Inventory Area (WRIA) 15 Watershed Restoration and
Enhancement Committee (Committee); and
WHEREAS, the Committee was formed in response to state legislative action in January
2018, which directed the Washington State Department of Ecology to develop Watershed
Restoration and Enhancement Plans for several WRIA’s within Washington by June 30, 2021,
that will provide regulation for ‘non-permitted’ or ‘permit-exempt domestic’ wells, which have
proliferated in many areas and have been largely unregulated; and
WHEREAS, the Plans are intended to provide regulatory sideboards for permit-exempt
well withdrawals within each WRIA, providing an ecological benefit to each watershed by
ensuring that the water withdrawn from the watershed is offset by water returning; and
WHEREAS, the Committee, with the City’s contributions, recently completed the
preparation of the Plan for WRIA 15, which: 1) sets the number of permit exempt wells that can
be expected in Kitsap County in areas not within a GMA area or a water system service area
(i.e., outside of the City of Port Orchard and other cities in the County), and 2) sets the amount
of water expected to be used by these exempt wells less the amount reintroduced to the
aquifers via septic systems (termed consumptive use in the documents); and
WHEREAS, in conformance with RCW 90.94.030, the Committee has requested that
each participating agency “approve” of the draft Plan prior to final adoption by the Department
of Ecology (which must occur by June 2021); and
WHEREAS, the Plan was discussed at both the Utility Committee and Land Use
Committee in February 2021, and at the March 16, 2021 Work Study Session; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves the Washington State Department of Ecology’s
Watershed Restoration and Enhancement Draft Plan for WRIA 15, Kitsap Watershed
(Exhibit A and incorporated herein by this reference.)
Page 65 of 182
Resolution No. 027-21
Page 2 of 2
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 13th day of April 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 66 of 182
Watershed Restoration and
Enhancement Draft Plan
WRIA 15
Kitsap Watershed
February 1, 2021
FINAL DRAFT PLAN FOR LOCAL REVIEW
Page 67 of 182
WRIA 15 WATERSHED PLAN – FINAL DRAFT
Publication Information
This document is available on the Department of Ecology’s website at:
https://ecology.wa.gov/Water-Shorelines/Water-supply/Streamflow-restoration/Streamflow-
restoration-planning
Cover photo credit
Curley Creek Courtesy of Kenna Cox
Contact Information
Water Resources Program
Address: 3190 160th Ave SE, Bellevue, WA 98008
Phone: 425-649-7000
Website1: Washington State Department of Ecology
ADA Accessibility
The Department of Ecology is committed to providing people with disabilities access to
information and services by meeting or exceeding the requirements of the Americans with
Disabilities Act (ADA), Section 504 and 508 of the Rehabilitation Act, and Washington State
Policy #188. To request an ADA accommodation, contact Ecology by phone at 360-407-6872 or
email at WRpubs@ecy.wa.gov. For Washington Relay Service or TTY call 711 or 877-833-6341.
Language Access
The Department of Ecology offers free language services about our programs and services for
people whose primary language is not English. We can provide information written in your
preferred language and qualified interpreters over the telephone. To request these services, or
to learn more about what we can provide, contact our Language Access Coordinators by phone
at 360-407-6177 or email at millie.piazza@ecy.wa.gov. When you call, please allow a few
moments for us to contact an interpreter. Visit Ecology's website for more information.
1 www.ecology.wa.gov/contact
WRIA 15 – FINAL DRAFT PLAN
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Acronyms
Acronym Definition
AE Application Efficiency
AF/yr Acre-Feet per Year
CFS Cubic Feet per Second
CU Consumptive Use
CUF Consumptive Use Factor
GPD Gallons per Day
GIS Geographic Information System
IR Irrigation Requirements
LID Low Impact Development
LIO Local Integrating Organization
MAR Managed Aquifer Recharge
NEB Net Ecological Benefit
PE Permit-Exempt
RCW Revised Code of Washington
WDFW Washington Department of Fish and Wildlife
WRIA Water Resource Inventory Areas
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Acknowledgements
This watershed plan was written as a collaboration between the Department of Ecology, the
WRIA 15 Committee, and the technical consultants. We express our sincere gratitude to those
that supported the development of the plan and supplemental materials.
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Erica Marbet, Squaxin Island Tribe
Leonard Forsman, Suquamish Tribe
Alison O’Sullivan, Suquamish Tribe
Sam Phillips, Port Gamble S’Klallam Tribe
Paul McCollum, Port Gamble S’Klallam Tribe
Jacki Brown, City of Port Orchard
Thomas Hunter2, City of Port Orchard
Zach Holt, City of Port Orchard
Trent Ward, City of Gig Harbor
Brienn Ellis, City of Gig Harbor
Michael Michael, City of Bainbridge Island
Christian Berg, City of Bainbridge Island
Joy Garitone, Kitsap Conservation District
Nathan Daniel, Great Peninsula Conservancy
Sandra Staples-Bortner2, Great Peninsula
Conservancy
Larry Boltz, Mason Kitsap Farm Bureau (ex officio)
Shawn O’Dell, Washington Water Service (ex officio)
WRIA 15 Technical Consultant Team
Bob Montgomery, Anchor QEA
Burt Clothier, Pacific Groundwater Group
Chad Wiseman, HDR
HDR, Pacific Groundwater Group and Anchor QEA
Support Staff
Facilitation Team
Susan Gulick, Sound Resolutions
Angela Pietschmann, Cascadia Consulting
Additional support from Cascadia Consulting Staff
Department of Ecology Staff
Stacy Vynne McKinstry, Chair
Support
Streamflow Section Technical Staff
Christy Carr2, City of Bainbridge Island
Teresa Smith, City of Bremerton
Allison Satter, City of Bremerton
Mayor Becky Erikson3, City of Poulsbo
Joel Purdy, Kitsap Public Utility District
Mark Morgan, Kitsap Public Utility District
WRIA 15 Committee Members – Primary
Representatives and Alternates
Dave Ward, Kitsap County
David Nash1, Kitsap County
Kathy Peters, Kitsap County
Commissioner Randy Neatherlin, Mason County
David Windom, Mason County
Dan Cardwell, Pierce County
Austin Jennings, Pierce County
Greg Rabourn, King County
Joe Hovencotter, King County
Eric Ferguson, King County
David Winfrey, Puyallup Tribe
Seth Book, Skokomish Tribe
Dana Sarff, Skokomish Tribe
Jeff Dickison, Squaxin Island Tribe
Paul Pickett, Squaxin Island Tribe
Bob Hunter, Kitsap Public Utility District
Brittany Gordon, Department of Fish and Wildlife
Nam Siu, Department of Fish and Wildlife
Stacy Vynne McKinstry, Department of Ecology
Russ Shiplet, Kitsap Building Association
Josie Cummings, Building Industry Association of
Washington
John Covert, Lead Technical Support
Paulina Levy, Committee and Plan Development
Stephanie Potts, WRIA 15 Alternate Chair
Ria Berns, Regional Section Manager
Bennett Weinstein, Streamflow Section Manager
Mugdha Flores, Streamflow Communications Lead
Northwest Region Water Resources Section
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Thomas Hunter2 and Zach Holt, City of Port Orchard
Project Workgroup
Joy Garitone and Brian Stahl, Kitsap Conservation
District
Jon Turk, Aspect (Consultant to Skokomish Tribe)
Joel Massman, Keta Waters (Consultant to
Suquamish Tribe)
Joel Purdy and Bob Hunter, Kitsap Public Utility
District
Bob Montgomery, Anchor QEA
Burt Clothier, Pacific Groundwater Group
Stacy Vynne McKinstry, Department of Ecology
Alison O’Sullivan and John O’Leary2, Suquamish Tribe
Austin Jennings and Dan Cardwell, Pierce County
Brittany Gordon and Nam Siu, Department of Fish
and Wildlife
David Nash1 and Kathy Peters, Kitsap County
David Windom, Mason County
Paul Pickett, Squaxin Island Tribe
Sam Phillips, Port Gamble S’Klallam Tribe
Thomas Hunter2 and Zach Holt, City of Port Orchard
Brenda Padgham, Bainbridge Island Land Trust
Greg Rabourn, King County
Seth Book and Dana Sarff, Skokomish Tribe
Bob Montgomery, Anchor QEA
Burt Clothier, Pacific Groundwater Group
Stacy Vynne McKinstry, Department of Ecology
Erik Steffens, Great Peninsula Conservancy
Joel Purdy, Kitsap Public Utility District
Technical Workgroup
Eric Ferguson, King County
Jon Turk, Aspect (Consultant to Skokomish Tribe)
Joel Massman, Keta Waters (Consultant to
Suquamish Tribe)
Alison O’Sullivan and John O’Leary2, Suquamish Tribe
Thank you to the Committee members that
participated in short-term, ad hoc
workgroups.
Thank you also to Tribal, city and county
staff, Kitsap Public Health District, and USGS
for providing resources and presentations
throughout this process.
1David Nash, formerly with Kitsap County, is now
deceased.
2No longer at entity.
3Withdrew from Committee.
Austin Jennings and Dan Cardwell, Pierce County
Brittany Gordon and Nam Siu, Department of Fish
and Wildlife
David Nash1, Kitsap County
David Windom, Mason County
Paul Pickett, Squaxin Island Tribe
Sam Phillips, Port Gamble S’Klallam Tribe
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Executive Summary
In January 2018, the Washington State Legislature passed the Streamflow Restoration law (RCW
90.94) to help support robust, healthy, and sustainable salmon populations while ensuring rural
communities have access to water. The law, as interpreted by the Department of Ecology
(Ecology), directs Ecology to lead local planning Committees to develop Watershed Restoration
and Enhancement Plans that identify projects to offset potential consumptive impacts of new
permit-exempt domestic groundwater withdrawals on instream flows over the next 20 years
(2018 – 2038) and provide a net ecological benefit to the watershed. While not all members of
the WRIA 15 Watershed Restoration and Enhancement Committee agreed with Ecology’s
interpretations of the law, this Watershed Restoration and Enhancement Plan was written to
meet the guidance and policy interpretations as provided by Ecology.2
Ecology established the Watershed Restoration and Enhancement Committee to collaborate
with tribes, counties, cities, state agencies, and special interest groups in the Kitsap watershed,
also known as Water Resource Inventory Area (WRIA) 15. The WRIA 15 Committee met for two
and a half years to develop a watershed plan.
To allow for meaningful analysis of the relationship between new consumptive use and offsets,
the WRIA 15 Committee divided the watershed into seven subbasins. Subbasins help describe
the location and timing of projected new consumptive water use, the location and timing of
impacts to instream resources, and the necessary scope, scale, and anticipated benefits of
projects.
This watershed plan projects 5,568 permit exempt (PE) well connections over the 20-year
planning horizon. If implemented as intended, the projects and policy recommendations in this
watershed plan can offset the consumptive water use from those 5,568 PE well connections.
The projected new consumptive water use associated with the new PE well connections is
766.4 acre-feet per year (1.06 cubic feet per second [cfs] or 684,150 gallons per day [gpd]) in
WRIA 15, equal to 123 gpd per PE well connection. This watershed plan also sets an offset
target of 1,218 acre-feet per year (equivalent to 177 gpd per connection) for project
implementation in order to benefit streams. That target is based upon a consumptive use of
195 gpd per PE well connection which equals 1.68 cfs and 1.087 million gallons per day.
This watershed plan includes projects that, if implemented as intended, provide an anticipated
offset of 1,066.7 acre-feet per year to benefit streamflows and enhance the watershed. The
WRIA 15 Committee set a goal of offsetting consumptive use estimates within each subbasin
and agreed that offsets should be as close to impacts as feasible. This plan falls short of the
WRIA 15 Committee’s goal of meeting the offset need by subbasin (consumptive use is offset in
5 of 7 subbasins and the higher offset target is reached in 2 of 7 subbasins).
2 Some members of the WRIA 15 Committee have different interpretation of RCW 90.94.030. Signing statements
and other documents provided in the Compendium provide more information on their interpretations.
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Table ES-1 presents a summary of the anticipated impacts and benefits by subbasin. Additional
projects in the plan include benefits to fish and wildlife habitat, such as several thousand feet of
streambed improvements, dozens of acres of restoration and protection, and many miles of
riparian restoration across WRIA 15.
Table ES-1: Consumptive Use and Project Benefits by Subbasin
Subbasin Consumptive
Use Estimate
(acre feet per
year)
Higher Offset
Target (acre
feet per year)
Offset Benefits
from Projects
(acre feet per
year)
Additional Benefits from Projects
North Hood
Canal
90.3 136.5 264 Projects would provide direct
streamflow benefit, protection and
restoration of habitat for fish
critical streams. Over 1,600 feet of
stream restoration are included
along with over ten acres of
habitat restoration.
West
Sound
183.9 277.9 365 Projects would provide direct
streamflow benefit, protection and
restoration of habitat for fish
critical streams. Projects include
over 2800 feet of stream
restoration, riparian restoration,
over 100 acres of land protection,
and over 140 acres of habitat
restoration.
South Hood
Canal
155.0 223.4 131 Projects would provide direct
streamflow benefit, protection and
restoration of habitat for fish
critical streams. This subbasin
includes projects that will repair up
to three miles of riparian area.
Bainbridge
Island
67.6 102.2 68.2 Projects would provide direct
streamflow benefit, protection and
restoration of habitat for fish
critical streams.
Vashon-
Maury
Island
50.7 72.9 56 Projects would provide direct
streamflow benefit, water rights
and land acquisition.
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Subbasin Consumptive
Use Estimate
(acre feet per
year)
Higher Offset
Target (acre
feet per year)
Offset Benefits
from Projects
(acre feet per
year)
Additional Benefits from Projects
South
Sound
213.8 394.6 175.5 Projects would provide direct
streamflow benefit, protection and
restoration of habitat for fish
critical streams. Projects include
up to nine miles of riparian
restoration.
South
Sound
Islands
5.2 11.1 7 Projects would provide direct
streamflow benefit, protection and
restoration of habitat for fish
critical streams.
Totals 766.4 1218.7 1066.7
To increase reasonable assurance of plan implementation and track progress, this watershed
plan includes policy and regulatory recommendations and an adaptive management process.
The 11 policy and regulatory recommendations are included to contribute to the goals of this
watershed plan, including streamflow restoration and meeting net ecological benefit. These
recommendations enhance water conservation efforts; improve research, monitoring, and data
collection; support beaver habitat conservation; plan for better drought response; and finance
plan implementation. The watershed plan describes an adaptive management approach, which
identifies (1) an ongoing implementation group and lead organization to support watershed
plan implementation, (2) a tracking and reporting structure to assess progress and adjust as
needed, and (3) a funding mechanism to adaptively manage implementation. Adaptive
management will be necessary to achieve the goal of meeting offset needs within each
subbasin and improving streamflow where this watershed plan currently falls short, through
the identification, development and implementation of projects throughout WRIA 15.
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Figure ES 1: Summary of findings of the WRIA 15 Watershed Restoration and Enhancement
Plan, including estimates for new domestic PE well growth, consumptive use estimates, and
project offset benefits. Map prepared by HDR.
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Chapter 1 – Plan Overview
1.1 WRIA 15 Watershed Plan Purpose and Structure
The purpose of the Water Resource Inventory Area (WRIA) 15 Watershed Restoration and
Enhancement Plan is to identify projects and actions intended to offset the impacts of new
domestic permit-exempt (PE) wells to streamflows. The Watershed Restoration and
Enhancement Plan is one requirement of RCW 90.94.030. Watershed Restoration and
Enhancement Plans must identify projects to offset the projected consumptive impacts of new
PE domestic groundwater withdrawals on instream flows over 20 years (2018-2038) and
provide a net ecological benefit (NEB) to the WRIA. The WRIA 15 Watershed Restoration and
Enhancement Plan (watershed plan) considers priorities for salmon recovery and watershed
3 recovery, while ensuring it meets the intent of the law, as interpreted by Ecology.
While not all members of the WRIA 15 Watershed Restoration and Enhancement Committee
(Committee) agree with the Department of Ecology’s (Ecology) interpretations of the law, this
watershed plan was written to meet the guidance and policy interpretations as provided by
Ecology. References to meeting the requirements of the law throughout this plan refer to
Ecology’s interpretation of the law and may not encompass the interpretations held by all
members of the WRIA 15 Committee.
Pumping from wells can reduce groundwater discharge to springs and streams by capturing
water that would otherwise have discharged naturally, thereby reducing flows (Barlow and
Leake 2012). Consumptive water use (the portion not returned to the aquifer) reduces
streamflow, both seasonally and as average annual recharge. A well pumping from an aquifer
connected to a surface water body can either reduce the quantity of water discharging to the
river or increase the quantity of water leaking out of the river (Barlow and Leake 2012).
While this watershed plan is narrow in scope and not intended to address all water uses or
related issues within the watershed, it may provide a path forward for future water resource
planning.
[Language to be included when appropriate]: The Committee, by completing the watershed
plan, has developed, and come to consensus on, a technically and politically complex issue in
water resource management. That success will set the stage for improved coordination of
water resources and overall watershed health in our WRIA.
This watershed plan includes seven chapters:
1. Plan overview;
2. Overview of the watershed’s hydrology, hydrogeology, and streamflow;
3 Some members of the WRIA 15 Committee have different interpretation of RCW 90.94.030. Signing statements
and other documents provided in the Compendium provide more information on their interpretations.
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3. Summary of the subbasins;
4. Growth projections and consumptive use estimates;
5. Description of the recommended projects to offset the future PE domestic water use in
WRIA 15 and meet NEB;
6. Explanation of recommended policy, monitoring, adaptive management, and
implementation measures; and
7. Evaluation and consideration of the NEB.
1.1.1 Legal and Regulatory Background for the WRIA 15 Watershed
Restoration and Enhancement Plan
In January 2018, the Washington State Legislature passed Engrossed Substitute Senate Bill
(ESSB) 6091 (session law 2018 c 1). This law was enacted in response to the State Supreme
Court’s 2016 decision in Whatcom County vs. Hirst, Futurewise, et al. (commonly referred to as
the “Hirst decision”). As it relates to this Committee’s work, the law, now primarily codified as
RCW 90.94, clarifies how local governments can issue building permits or approve subdivisions
for homes intending to use a PE well for their domestic water supply. The law also requires local
watershed planning in fifteen WRIAs across the state, including WRIA 15.4
1.1.2 Domestic Permit-Exempt Wells
This watershed plan, the law that calls for it, and the Hirst decision are all concerned with the
effects of new domestic PE water use on streamflows. Several laws pertain to the management
of groundwater PE wells in WRIA 15 and are summarized in brief here for the purpose of
providing context for the WRIA 15 watershed plan.
Washington State follows the doctrine of prior appropriation, which means that the first users
have rights senior to those issued later. This doctrine is called “first in time, first in right.” If a
water shortage occurs, senior rights are satisfied first and junior rights are curtailed. Seniority is
established by priority date — the original date a water right application was filed, or the date
that water was first put to beneficial use in the case of claims and the groundwater permit
exemption. Although groundwater PE uses do not require a water right permit, they are always
subject to state water law. In some instances, Ecology has had to regulate PE water users when
they interfere with older, “senior” water rights, including instream flow rules. More information
is available on Ecology’s website: https://ecology.wa.gov/Water-Shorelines/Water-
supply/Water-availability.
4 ESSB 6091 includes the following: “AN ACT Relating to ensuring that water is available to support
development; amending RCW 19.27.097, 58.17.110, 90.03.247, and 90.03.290; adding a new section to
chapter 36.70A RCW; adding a new section to chapter 36.70 RCW; adding a new chapter to Title 90
RCW; creating a new section; providing an expiration date; and declaring an emergency.” (p. 1)
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RCW 90.44.050, commonly referred to as “the Groundwater Permit Exemption,” establishes
that certain small withdrawals of groundwater are exempt from the state’s water right
permitting requirements, including small indoor and outdoor water use associated with homes.
Although these withdrawals do not require a state water right permit, the water right is still
legally established by the beneficial use. Even though a water right permit is not required for
small domestic uses under RCW 90.44.050, there is still regulatory oversight, including from
local jurisdictions. Specifically, in order for an applicant to receive a building permit from their
local government for a new home, the applicant must satisfy the provisions of RCW 19.27.097
for what constitutes evidence of an adequate water supply.
RCW 90.94.030 adds to the management regime for new homes using domestic PE well
withdrawals in WRIA 15 and elsewhere. For example, local governments must, among other
responsibilities relating to new PE domestic wells, collect a $500 fee for each building permit
and record withdrawal restrictions on the title of the affected properties. Additionally, this law
restricts new PE domestic withdrawals in WRIA 15 to a maximum annual average of up to 950
gallons per days (gpd) per connection, subject to the 5,000 gpd and ½-acre outdoor irrigation of
non-commercial lawn/garden limits established in RCW 90.44.050. Ecology has published its
interpretation and implementation of RCW 19.27.097 and RCW 90.94 in Water Resources POL
2094 (Ecology 2019a). For additional information, readers can review those laws and policy for
comprehensive details and agency interpretations.
1.1.3 Planning Requirements Under RCW 90.94.030
While supplementing the local building permit requirements, RCW 90.94.030(3) goes on to
establish planning criteria for WRIA 15. In doing so, it sets the minimum standard of Ecology’s
collaboration with the WRIA 15 Committee in the preparation of this watershed plan. In
practice, the process of plan development was one of broad integration, collectively shared
work, and a striving for consensus described in the Committee’s adopted operating principles,
which are further discussed below.
In addition to these procedural requirements, the law (and consequently, this watershed plan)
is concerned with the identification of projects and actions intended to offset the anticipated
impacts from new PE domestic groundwater withdrawals over the next 20 years and provide a
NEB.5 In establishing the primary purpose of this watershed plan, RCW 90.94.030 (3) also
details both the required and recommended plan elements. Regarding the WRIA 15
Committee’s approach to selecting projects and actions, the law also speaks to “high and lower
priority projects.” The Committee understands that, as provided in the Final Guidance on
Determining Net Ecological Benefit (Ecology 2019b), “use of these terms is not the sole critical
factor in determining whether a plan achieves a NEB… and that plan development should be
5 The planning horizon for achieving a NEB is the 20 year period beginning with January 19, 2018 and
ending on January 18, 2038. The planning horizon only applies to determining which new consumptive
water uses the plan must address under the law. The projects and actions required to offset the new uses
must continue beyond the 20-year period and for as long as new well pumping continues. (Ecology
2019b; page 7)
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focused on developing projects that provide the most benefits… regardless of how they align
with [these] labels” (page 12). For WRIA 15, this watershed plan recognizes the goal of
protecting water quantity as the primary component of habitat for fish populations and aquatic
life. In order to provide a benefit to the greatest length of stream channel, the highest priority
projects are those in that provide protection or restoration of headwater streamflows.
1.2 Requirements of the WRIA 15 Watershed Restoration and
Enhancement Plan
RCW 90.94.030 of the Streamflow
Restoration law directs Ecology to
establish a Watershed Restoration and
Enhancement Committee in the Kitsap
watershed and develop a watershed plan
in collaboration with the WRIA 15
Committee. Ecology determined that the
intent was best served through collective
development of the watershed plan, using
an open and transparent setting and
process that builds on local needs.
At a minimum, the watershed plan must
include projects and actions necessary to
offset projected consumptive impacts of
new PE domestic groundwater
withdrawals on streamflows and provide
a NEB to the WRIA.
Ecology issued the Streamflow
Restoration Policy and Interpretive
Statement (POL-2094) and Final Guidance
on Determining Net Ecological Benefit
(GUID-2094) in July 2019 to ensure
consistency, conformity with state law,
and transparency in implementing RCW
90.94. The Final Guidance on Determining
Net Ecological Benefit (hereafter referred
to as Final NEB Guidance) establishes
Ecology’s interpretation of the term “net
ecological benefit.” It also informs
planning groups on the standards Ecology
will apply when reviewing a watershed
plan completed under RCW 90.94.020 or
Streamflow Restoration law RCW 90.94.030(3)
(b) At a minimum, the plan must include those actions
that the committee determines to be necessary to
offset potential impacts to instream flows associated
with permit-exempt domestic water use. The highest
priority recommendations must include replacing the
quantity of consumptive water use during the same
time as the impact and in the same basin or tributary.
Lower priority projects include projects not in the same
basin or tributary and projects that replace
consumptive water supply impacts only during critical
flow periods. The plan may include projects that
protect or improve instream resources without
replacing the consumptive quantity of water where
such projects are in addition to those actions that the
committee determines to be necessary to offset
potential consumptive impacts to instream flows
associated with permit-exempt domestic water use.
(c) Prior to adoption of the watershed restoration and
enhancement plan, the department must determine
that actions identified in the plan, after accounting for
new projected uses of water over the subsequent
twenty years, will result in a net ecological benefit to
instream resources within the water resource inventory
area.
(d) The watershed restoration and enhancement plan
must include an evaluation or estimation of the cost of
offsetting new domestic water uses over the
subsequent twenty years, including withdrawals
exempt from permitting under RCW 90.44.050.
(e)The watershed restoration and enhancement plan
must include estimates of the cumulative consumptive
water use impacts over the subsequent twenty years,
including withdrawals exempt from permitting under
RCW 90.44.050.
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RCW 90.94.030. The minimum planning requirements described by Ecology in the Final NEB
Guidance include the following (pages 7-8):
1. Clear and Systemic Logic. Watershed plans must be prepared with implementation in
mind.
2. Delineate Subbasins. [The Committee] must divide the WRIA into suitably sized
subbasins to allow meaningful analysis of the relationship between new consumptive
use and offsets.
3. Estimate New Consumptive Water Uses. Watershed plans must include a new
consumptive water use estimate for each subbasin and the technical basis for such
estimate.
4. Evaluate Impacts from New Consumptive Water Use. Watershed plans must consider
both the estimated quantity of new consumptive water use from new domestic PE wells
initiated within the planning horizon and how those impacts will be distributed.
5. Describe and Evaluate Projects and Actions for Their Offset Potential. At a minimum,
watershed plans must identify projects and actions intended to offset impacts
associated with new consumptive water use. Offset benefits must continue as long as
the anticipated consumptive use impacts, which are assumed to be in perpetuity.
The WRIA 15 Committee prepared the WRIA 15 watershed plan with the intent that the plan,
including all projects, is fully implemented. The law requires that all members of the Committee
approve the plan prior to submission to Ecology for review. Ecology must then determine that
the plan’s recommended streamflow restoration projects and actions will result in a NEB to
instream resources within the WRIA after accounting for projected use of new PE domestic
wells over the 20-year period of 2018-2038.
RCW 90.94.030 (6). This section [90.94.030] only applies to new domestic groundwater
withdrawals exempt from permitting under RCW 90.44.050 in the following water resource
inventory areas with instream flow rules adopted under chapters 90.22 and 90.54 RCW that do
not explicitly regulate PE groundwater withdrawals: 7 (Snohomish); 8 (Cedar-Sammamish); 9
(Duwamish-Green); 10 (Puyallup-White); 12 (Chambers-Clover); 13 (Deschutes); 14 (Kennedy
Goldsborough); and 15 (Kitsap) and does not restrict the withdrawal of groundwater for other
uses that are exempt from permitting under RCW 90.44.050.
1.3 Overview of the WRIA 15 Committee
1.3.1 Formation
The Streamflow Restoration law instructed Ecology to chair the WRIA 15 Committee, and invite
representatives from the following entities in the watershed to participate in the development
of the watershed plan:
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Each federally recognized tribal government with reservation land or usual and
accustomed harvest area within the WRIA.
Each county government within the WRIA.
Each city government within the WRIA.
Washington State Department of Fish and Wildlife.
The largest publicly owned water purveyor providing water within the WRIA that is not a
municipality.
The largest irrigation district within the WRIA.
Ecology sent invitation letters to each of the entities named in the law in September of 2018.
Note that WRIA 15 does not have an irrigation district.
The law also required Ecology to invite local organizations representing agricultural interests,
environmental interests, and the residential construction industry. Businesses, environmental
groups, agricultural organizations, conservation districts, and local governments nominated
interest group representatives. Local governments on the WRIA 15 Committee voted on the
nominees in order to select local organizations to represent agricultural interests,
environmental interests, and the residential construction industry. Ecology invited the selected
entities to participate on the Committee.
Committee members are listed in Table 1. This list includes all of the members identified by the
Legislature that agreed to participate on the WRIA 15 Committee.6
Table 1: WRIA 15 Committee Participating Entities
Entity Name Representing
Kitsap County County government
King County County government
Mason County County government
Pierce County County government
Puyallup Tribe Tribal government
Skokomish Tribe Tribal government
Squaxin Island Tribe Tribal government
Suquamish Tribe Tribal government
Port Gamble S'Klallam Tribe Tribal government
6 All participating entities committed to participate in the process and designated representatives and
alternates to sit on the WRIA 15 Committee. A roster with the names of the representatives is available in
Appendix A. The City of Poulsbo originally participated in the process but withdrew from the Committee
in October 2020.
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Entity Name Representing
City of Port Orchard City government
City of Bremerton City government
City of Gig Harbor City government
City of Bainbridge Island City government
Kitsap Public Utility District Water utility
Department of Fish and Wildlife State agency
Department of Ecology State agency
Kitsap Building Association Residential construction industry
Kitsap Conservation District Agricultural interest group
Great Peninsula Conservancy Environmental interest group
Mason-Kitsap Farm Bureau -ex officio Self
Washington Water Service -ex officio Self
The WRIA 15 Committee invited the Mason-Kitsap Farm Bureau and the Washington Water
Service to participate as “ex-officio” members. Although not identified in the law, the ex-officio
members provide valuable information and perspective as subject matter experts. The ex-
officio members are active but non-voting participants of the WRIA 15 Committee.
The law does not identify a role for the Committee following development of the watershed
plan.
1.3.2 Committee Structure and Decision Making
The WRIA 15 Committee held its first meeting in October 2018. Between October 2018 and
January 2021, the WRIA 15 Committee held 28 Committee meetings.7 All Committee and
workgroup meetings were open to the public. The WRIA 15 Committee met monthly and as
needed to meet deadlines. From March 2020 through April 2021, the Committee met virtually
due to the global pandemic.
The two and a half years of planning consisted of training, research, and developing watershed
plan components. Ecology technical staff, WRIA 15 Committee members, and partners
presented on topics to provide context for components of the plan, such as an overview of
WRIA 15 hydrogeology, water law, tribal treaty rights, salmon recovery, and local planning
processes.
Ecology staff chaired the WRIA 15 Committee and provided administrative support and
technical assistance. Ecology contracted with consultants to provide facilitation and technical
support for the Committee. The facilitator supported the Committee’s discussions and decision-
making and coordinated recommendations for policy change and adaptive management. The
technical consultants developed products that informed Committee decisions and development
7 This includes regular Committee meetings and special Committee meetings where most representatives attended.
This does not include project workgroup, technical workgroup, or one-time workgroup meetings.
WRIA 15 – Final Draft Watershed Plan
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WRIA 15 WATERSHED PLAN – FINAL DRAFT
of the plan. Examples include working with counties on growth projections, calculating
consumptive use using multiple methods, preparing maps and other tools to support decisions,
and researching project ideas. The technical consultants brought a range of expertise to the
Committee including hydrogeology, geographic information system (GIS) analysis, fish biology,
engineering, and planning. The technical consultants developed the technical memorandums
referenced throughout this watershed plan.
The WRIA 15 Committee established two workgroups to support planning efforts and to
achieve specific tasks:
The Technical Workgroup focused on preparing recommendations for PE well
projections and consumptive use estimates.
The Project Workgroup focused on developing and reviewing projects within the
Committee’s project inventory (additional workgroups that met only one time covered
topics such as beaver management, policies, and adaptive management).
The workgroups were open to all WRIA 15 Committee members as well as non-Committee
members that brought capacity or expertise not available on the Committee. The workgroups
made no binding decisions but presented information to the Committee as either
recommendations or findings. The Committee acted on workgroup recommendations, as
deemed appropriate.
During the initial WRIA 15 Committee meetings, members developed and agreed to operating
principles.8 The operating principles established a process for meetings, participation
expectations, procedures for voting, structure of the Committee, communication, and other
needs in order to support the Committee in reaching consensus on a final plan.
By statutory design, this planning process brought a diversity of perspectives to the table.
Therefore, it was important for the Committee to identify a clear decision-making process. The
WRIA 15 Committee strived for consensus, and when consensus could not be reached, the chair
and facilitator documented the Committee members’ positions. The Committee strived for
consensus because the authorizing legislation requires that all members of the Committee
approve the final watershed plan prior to Ecology’s review (RCW 90.94.030[3] “...all members
of a Watershed Restoration and Enhancement Committee must approve the plan prior to
adoption”). Therefore, consensus on the foundational decisions during plan development
served as the best indicators of the Committee’s progress toward an approved plan.
All consensus and dissenting opinions were documented in meeting summaries that were
reviewed and agreed upon by the Committee. The Committee recognized that flexibility was
needed in terms of timeline, and if a compromise failed to reach consensus within the
identified timeline, the Committee agreed to allow the process for developing the plan to move
8 Complete operating principles can be found on the WRIA 15 Committee EZ View webpage and in Appendix B:
https://www.ezview.wa.gov/site/alias__1962/37327/watershed_restoration_and_enhancement_-_wria_15.aspx
WRIA 15 – Final Draft Watershed Plan
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WRIA 15 WATERSHED PLAN – FINAL DRAFT
forward while the work towards consensus continued. The Committee agreed to revisit
decisions where consensus was not reached.
The Committee reviewed components of the watershed plan iteratively throughout the process
in addition to reviewing the draft plan as a whole. [Language to be included when
appropriate]: The WRIA 15 Committee reached final approval on the Watershed Restoration
and Enhancement Plan on THIS DATE 2021.
WRIA 15 – Final Draft Watershed Plan
Page 9 February 2021 Page 85 of 182
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 Meeting Date:
April 13, 2021
Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E.
Contract with Technical Systems, Inc. Public Works Director
for the 2021-2024 On-Call SCADA Atty Routing No: 366922.0013 – Water
Maintenance Atty Review Date: April 6, 2021
Summary: City staff determined that the City’s Supervisory Control & Data Acquisition (SCADA) systems
require technical expertise from qualified consultants to maintain the continued operation and
functionality of the City’s water/sanitary sewer systems. SCADA programming and Programmable Logic
Controller (PLC) troubleshooting of the City’s water/sanitary sewer systems requires technical expertise
beyond current City staff expertise. Therefore, on March 11, 2021, the City of Port Orchard Public Works
Department reviewed the 2021 MRSC Consultant Roster with the Main-category: Design and Planning;
and Sub-category: Telemetry/SCADA for the 2021 SCADA Radio Communications Design/Radio
Licensing/Implementation Project. On March 11, 2021, City staff selected three (3) qualified consulting
firms from the roster: L2 Systems LLC, ControlFreek Inc. and Technical Systems, Inc. (TSI). The statements
of qualifications of the three selected firms were then scored, based upon established criteria by three (3)
Public Works staff members, and on March 15, 2021, City staff determined that TSI, Inc. was the firm
selected, based upon the results of the scoring spreadsheet. On March 25, 2021, Public Works Staff
successfully completed the Bidder Responsibility Checklist for TSI, Inc.
Relationship to Comprehensive Plan: Chapter 7 – Utilities.
Recommendation: Staff recommends adoption of Resolution No. 029-21, thereby approving of and
authorizing the Mayor to execute Contract No. C047-21 with Technical Systems, Inc. for the 2021-2024
On-Call SCADA Maintenance Contract in the amount of $100,000.00 and documenting the Professional
Services procurement procedures.
Motion for Consideration: I move to adopt Resolution No. 029-21, authorizing the Mayor to execute
Contract No. C047-21 with Technical Systems, Inc. for the 2021-2024 On-Call SCADA Maintenance
Contract in the amount of $100,000.00, and documenting the Professional Services procurement
procedures.
Fiscal Impact: The 2021-2022 Biennial Budget allocated $30,000.00 for this activity. (411.05.534.30.40), a
budget amendment is required.
Alternatives: Do not approve.
Attachments: Resolution No. 029-21 w/ Ex. A and Contract No. C024-021 (with TSI, Inc. Proposal).
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RESOLUTION NO. 029-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO. C047-21 WITH TECHNICAL SYSTEMS,
INC. (TSI) FOR THE 2021-2024 ON-CALL SCADA MAINTENANCE CONTRACT AND
DOCUMENTING THE PROFESSIONAL SERVICES PROCUREMENT PROCEDURES.
WHEREAS, City staff has determined that the City’s SCADA system requires technical
expertise from qualified consultants to maintain the continued operation and functionality of
the City’s water/sewer systems; and
WHEREAS, SCADA programming and PLC troubleshooting of the City’s water/sewer
systems requires technical expertise beyond which is possessed by City staff; and
WHEREAS, consistent with Washington state procurement regulations and the City’s
procurement policies, on March 11, 2021, the City of Port Orchard Public Works Department
reviewed the 2021 MRSC Consultant Roster (Exhibit A) with the Main-category: Design and
Planning; and Sub-category: Telemetry/SCADA for the 2021 SCADA Radio Communications
Design/Radio Licensing/Implementation Project; and
WHEREAS, on March 11, 2021, Public Works Staff selected three (3) qualified consulting
firms from the roster: L2 Systems LLC, ControlFreek Inc. and Technical Systems, Inc. (TSI), and
staff scored each firm’s statements of qualifications against the criteria established for this
contract; and
WHEREAS, on March 15, 2021, Staff determined that Technical Systems, Inc. (TSI) was
the most qualified firm, based upon the results of the scoring spreadsheet; and
WHEREAS, on March 25, 2021, Public Works Staff successfully completed the Bidder
Responsibility Checklist for Technical Systems, Inc. (TSI); and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described herein for
this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute
Contract No. C047-21 with Technical Systems Inc (TSI) for the 2021-2024 On-Call SCADA
Maintenance Project.
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Resolution No. 029-21
Page 2 of 2
THAT: This 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 13th day of April 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
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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 7D Meeting Date: April 13, 2021
Subject: Adoption of a Resolution Approving a Contract Prepared by: Mark Dorsey, P.E.
with Active Construction, Inc. for the Sidney Public Works Director
Avenue Sewer Repair Project Atty Routing No.: 366922.014 – Sewer
Atty Review Date: March 28, 2021
Summary: The City Engineer set an engineer’s estimate for the Sidney Avenue Sewer Repair Project of
$338,000. Accordingly and pursuant to RCW 39.04.155, on February 11, 2021, the City established a roster
of qualified contractors from the 2021 MRSC Small Works Roster (see Resolution - Exhibit A attached) for
the Main Category: Concrete and Masonry, Earthwork, Roadway Construction, Repair, and Maintenance,
Sanitary Sewer Construction, Repair, and Maintenance, Storm Drainage Facility Construction, Repair, and
Maintenance, Water Facility Construction, Repair, and Maintenance and Sub-Category; Concrete
Pavement, Curbs, Gutters, Sidewalks, and Driveways, Excavation and Trucking, Asphalt Pavement
Roadways, Concrete Paving, Pavement Markings, Roadway Construction, Cured-in-place pipe lining (CIPP),
Sanitary Sewer Construction, Sanitary Sewer Internal Repairs, Side Service Construction and Repair,
Temporary Bypass Pumping, Catchbasin/Manhole Rehabilitation and Repair, Storm Drainage Construction,
Flagging and Traffic Control to perform Sidney Avenue Sewer Repairs. On February 12, 2021, and pursuant
to Resolution No. 019-17 (Section 5 – Bid Procedures), the City’s Public Works Department emailed an
Invitation to Bid for the Sidney Avenue Sewer Repair project to all selected MRSC Small Works Roster
Contractors. Four (4) bids (including applicable taxes, labor, equipment, material and fees) were received
prior to the March 11, 2021 deadline, as follows:
Name of Contractor Bid Total
Active Construction Inc. $358,358.00
Sound Pacific Construction $381,512.12
Northwest Cascade Inc. $449,609.79
Nordvind Company $514,860.82
On April 17, 2021, the City’s Public Works Department Staff completed the Mandatory Bidder
Responsibility Checklist and determined that the Active Construction, Inc. bid of $358,358.00 was the
lowest qualified bid. The Public Works Department has confirmed that the bidding requirements for
Public Works have been followed.
Relationship to Comprehensive Plan: Chapter 7 – Utilities.
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Staff Report 7D
Page 2 of 2
Recommendation: Staff recommends that the City Council adopt Resolution No. 026-21, thereby
approving Contract No. C036-21 with Active Construction Inc. for the Sidney Avenue Sewer Repair
Project Contract in the amount of $358,358.00.
Motion for Consideration: I move to adopt Resolution No. 026-21, thereby approving Contract No.
C036-21 with Active Construction Inc for the Sidney Avenue Sewer Repair Project Contract in the
amount of $358,358.00.
Fiscal Impact: Budgeted within the 2021-2022 Biennial Budget.
Alternatives: None.
Attachments: Resolution No. 026-21, Contract No. C036-21, and Active Construction Inc. Bid.
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RESOLUTION NO. 026-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE CONTRACT NO. C036-21 WITH ACTIVE
CONSTRUCTION INC. FOR THE SIDNEY AVENUE SEWER REPAIR PROJECT AND
DOCUMENTING PROCUREMENT PROCEDURES.
WHEREAS, the City desires to enter in a contract for construction work for the Sidney
Avenue Sewer Repair Project, with an engineer’s estimate for the work of $338,000.00; and
WHEREAS, on February 11, 2021, pursuant to RCW 39.04.155, the City’s Public Works
Department established a list of qualified contractors from the 2021 Consultant Roster (see
Resolution Exhibit A attached) for the Main Category – Concrete and Masonry, Earthwork,
Roadway Construction, Repair, and Maintenance, Sanitary Sewer Construction, Repair, and
Maintenance, Storm Drainage Facility Construction, Repair, and Maintenance, Water Facility
Construction, Repair, and Maintenance and Sub-Category, and sent an advertisement for bids
to all of the qualified Contractors on the list on February 12, 2021; and
WHEREAS, between February 12, 2021 and March 11, 2021, the City issued two (2)
Addendum to the call for bids, and provided them to the list of qualified Contractors; and
WHEREAS, by the March 11, 2021, 1:00 PM bid deadline, the City Clerk received four (4)
sealed bids, and bids were opened shortly after 1:00 PM at a live zoom meeting, noticed to all
listed qualified Contractors and posted to the City’s Bid and Proposals web site page, and at
that bid opening Active Construction, Inc. was declared the apparent low responsive bidder,
and bid results were posted on the City’s Bids and Proposals page; and
WHEREAS, the Public Works Department prepared a Bid Tabulation and Mandatory
Bidders Checklist for the lowest responsible bidders’ proposal, and after review of the Bids, the
City determined Active Construction, Inc. provided the lowest responsive and qualified Bid
Proposal; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor’s Office, wishes to document their consultant selection process as described above for
this particular contract by Resolution; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves and authorizes the Mayor to execute Contract No.
C036-21 with Active Construction, Inc. for the Sidney Avenue Sewer Repair Project.
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
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Resolution No. 026-21
Page 2 of 2
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 13th day of April 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
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City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
CITY OF PORT ORCHARD SIDNEY AVENUE SEWER REPAIR
CONTRACT NO. 036-21
THIS CONTRACT (“Contract”) is made and entered into this 13th day of April 2021, by and between the City of Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, hereinafter called the “City,” and Active Construction Inc., hereinafter called the “Contractor.”
WITNESSETH:
That the Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, the SIDNEY AVENUE SEWER REPAIR. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor’s Bid Proposal dated March 11, 2021, attached hereto and
incorporated herein by this reference as if set forth in full.
The Contract Documents, duly identified, together with the Instructions to Bidders, a confirmed copy of the Proposal made by the Contractor on March 11, 2021, and the 2021 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction, as modified by Amendments and Special Provisions, are hereby made a part of this Contract and are mutually cooperative therewith. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after Notice
to Proceed is issued and that all construction shall be complete within 50 working days after the Notice to Proceed Date.
Contract Price. The Contractor shall complete all Work for the price of Three Hundred Fifty-Eight Thousand Three Hundred Fifty-Eight Dollars ($358,358.00).
It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly convents and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for each and every working day said work is not complete beyond the time shown in the Proposal.
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.
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Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees as follows:
1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Contract.
2. Nondiscrimination: The Contractor 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 Contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
3. Defective or Unauthorized Work. The City reserves the right to withhold payment from the Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this Agreement, and extra
work and materials furnished without the City’s written approval. If the Contractor refuses or is unable, for any reason (including but not limited to termination for cause), to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and the Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" means all reasonable costs incurred by the City including engineering and other professional services, in excess of the contract price under this Agreement. The City further reserves the right to deduct the cost to complete the work, including any additional costs, from any amounts due or to become due to the Contractor. 4. Final Payment; Waiver of Claim. THE CONTRACTOR’S ACCEPTANCE OF FINAL PAYMENT SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY THE CONTRACTOR AS UNSETTLED AT THE TIME
REQUEST FOR FINAL PAYMENT IS MADE. 5. Termination. This City may terminate this Agreement for default upon the occurrence of any one or
more of the following events: 5.1. The Contractor’s refusal or failure to supply a sufficient number of properly skilled workers or
proper materials for completion of the work. 5.2. The Contractor’s failure to complete the work within the time specified in this Agreement. 5.3. The Contractor’s failure to make full and prompt payment to subcontractors or for material or labor. 5.4. The Contractor’s failure to comply with any federal, state, or local laws, regulations, rules, or ordinances. 5.5. The Contractor’s filing for bankruptcy or being adjudged bankrupt.
If the City terminates this Agreement for good cause, the Contractor shall not receive any further monies due under this Agreement until the Contract work is completed.
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6. Independent Contractor. The Contractor is and shall be at all times during the term of this Agreement an independent contractor.
7. Indemnification. 7.1. The 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 attorney fees, arising out of or resulting from the acts, errors or omissions of the Contractor, its officers, officials, employees and agents in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. 7.2. 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, and volunteers, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence.
7.3. 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. This waiver has been mutually negotiated by the parties.
7.4. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance.
8.1. The Contractor shall procure and maintain for the duration of this Agreement, the following insurance against claims for injuries to persons or damage to property arising out of or in connection with the performance of work under this Agreement by the Contractor, its officers, employees and agents: 8.1.1. Automobile Liability Insurance with limits no less than $1,000,000.00 combined single limit per accident for bodily injury and property damage. 8.1.2. Commercial General Liability Insurance written on an occurrence basis with limits no less than $1,000,000.00 combined single limit per occurrence and $2,000,000.00 aggregate for personal injury, bodily injury and property damage. Coverage shall include, but not be limited to blanket contractual; products/completed operations; broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer’s liability.
8.2. Before commencing work under this Agreement, the Contractor shall provide to the City a Certificate of Insurance evidencing the required insurance. City reserves the right to request and receive a certified copy of all required insurance policies. 8.3. Any payment of deductible or self-insured retention shall be the sole responsibility of the Contractor. The City shall be named as an additional insured on the Commercial General Liability Insurance Policy, with regard to work and services performed by or on behalf of Contractor, and
a copy of the endorsement naming City as an additional insured shall be attached to the Certificate of Insurance. 8.4. The insurance policies (1) shall state that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability; (2) shall be primary insurance with regard to City; and (3) shall state that City will be given 30 days’ prior written notice of any cancellation, suspension or material change in coverage.
9. 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
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potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this Contract and the Acts and the Regulations relative to Non-discrimination on the grounds of
race, color, national origin, sex, age, disability, income-level, or LEP.
10. 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.
11. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the Non- discrimination provisions of this Contract, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:
11.1. withholding payments to the Contractor under the Contract until the Contractor complies; and/or
11.2. cancelling, terminating, or suspending the Contract, in whole or in part.
12. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter 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.
13. Subletting or Assigning Contract. The Contractor shall not assign, transfer, or encumber any rights, duties or interest accruing from this Agreement without the express prior written consent of the City.
14. Extent of Agreement Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the parties and supersedes all prior negotiations, representations, or agreements, either written or oral. This Agreement may be amended,
modified or added to only by written instrument properly signed by both parties.
15. Work Performed at Contractor’s Risk. The Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of work
under this Agreement. All work shall be done at the Contractor’s own risk, and the 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.
16. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained in this Agreement, or to exercise any option contained in this Agreement in one or more instances, shall not be construed to be a waiver or relinquishment of those terms and rights and such terms and rights shall remain in full force and effect.
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17. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified. Any written notice shall become effective on delivery,
but in any event on 3 calendar 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.
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. With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of
__________________________________ Dollars ($____________) with ____________________ as Surety, to insure full compliance, execution and performance of this Contract by the Contractor in accordance with all its terms and provisions.
In the event of litigation, venue shall be within Kitsap County, Washington.
IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed.
CITY OF PORT ORCHARD
By: Robert Putaansuu, Mayor
CONTRACTOR
By:
Title:
Address: 5110 River Rd E.
Tacoma, WA 98443
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
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Charlotte Archer, City Attorney
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City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
_________________________PROJECT
PW PROJECT NO. _______________
Bond to City of Port Orchard, Washington
Bond No. _____________
We,___________________________________,and____________________________________ (Principal) (Surety)
a _________________________________ Corporation, and as a surety corporation authorized
to become a surety upon Bonds of Contractors with municipal corporations in Washington State,
are jointly and severally bound to the City of Port Orchard, Washington (“Owner”), in the penal
sum of _________________________________________________________ Dollars
($_________________), the payment of which sum, on demand, we bind ourselves and our
successors, heirs, administrators, executors, or personal representatives, as the case may be. This
Performance Bond is provided to secure the performance of Principal in connection with a
contract dated_____________, 20___, between Principal and Owner for a project entitled
________________________ (“Project”) – Public Works Project No. ______________
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(“Contract”). The initial penal sum shall equal 100 percent of the Total Bid Price, including all
applicable state sales tax, as specified in the Proposal submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon
the condition that Principal:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the
manner and within the time specified as may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and
all other persons or agents who supply labor, equipment, or materials to the Project;
Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW
on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is
conditioned on the payment of such taxes, increases and penalties.
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.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
No change, extension of time, alteration, or addition to the terms of the Contract or to the Work
to be performed under the Contract shall in any way affect Surety’s obligation on the
Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or
addition to the terms of the Contract or the Work, with the exception that Surety shall be notified
if the Contract time is extended by more than twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety’s
obligation under this Performance and Payment Bond shall automatically increase in a like
Page 116 of 182
City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of
the Performance and Payment Bond without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State
of Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical
counterparts this _______ day of _________________, 20 ___.
___________________________________
Principal Surety
Signature of Authorized Official Signature of Authorized Official
By
Printed Name and Title Attorney in Fact (Attach Power of Attorney)
Name and address of local office of Agent and/or Surety Company:
Surety companies executing bonds must appear on the current Authorized Insurance List in the
State of Washington per Section 1-02.7 of the Standard Specifications.
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
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City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
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 ⌂ he ⌂she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Print or type name
NOTARY PUBLIC, in and for the State of Washington
Residing at
My Commission expires:
SURETY ACKNOWLEDGEMENT
STATE OF )
)ss.
Notary Seal with Ink Stamp
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City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
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 ⌂ he ⌂
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
___________________________________
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing
My Commission expires:
Notary Seal With Ink Stamp
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City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND
Project #: Surety Bond #: Date Posted: Expiration Date: RE: Project Name: Owner/Developer/Contractor: Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the
State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of
dollars ($ ) 20% of the total contract amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of
the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions:
A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above-referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations.
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C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City-owned real property on which improvements
have been installed, and leave the same in as good condition as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond
amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right
at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of
notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. 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
Page 121 of 182
City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
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:
CHECK FOR ATTACHED NOTARY SIGNATURE
______Individual (Form P-1) ______Corporation (Form P-2) ______Surety Company (Form P-2)
Page 122 of 182
City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only)
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 that (he/she) signed this instrument, and acknowledged it to be (his/her) 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:
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City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
Dated: ______________________________ ___________________________________
___________________________________ (print or type name)
NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________
My Commission expires: _____________ FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ) ) ss.
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City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _____________________________ ___________________________________ ____________________________________ (print or type name)
NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________
My Commission expires: ______________
APPENDIX A
During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:
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);
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City of Port Orchard Sidney Avenue Sewer Repair Project PW2021-008 Contract C036-21
• 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).
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Page 167 of 182
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 Meeting Date:
April 13, 2021
Subject: Approval of Supplemental Agreement Prepared by: Mark Dorsey, P.E.
No. 2 to Contract No. 072-18 with Public Works Director
Tierra Right of Way Services, LTD Atty Routing No.: 366922.0009 – PW
Regarding the Bay Street Pedestrian Atty Review Date: March 17, 2021
Pathway Project
Summary: On November 13, 2018, the City of Port Orchard contracted with Tierra Right-of-Way Services,
Ltd. for the continuation of the Bay Street Pedestrian Pathway Project Right-of-Way Acquisition Phase. On
September 8, 2020, the City Council approved Supplemental Agreement No. 1 for additional survey and
title services for this Phase. For Project continuation and the successful completion of this Phase,
additional Right-of-Way Acquisition Services are needed (see Exhibit A attached). These services are set
out in Supplemental Agreement No. 2 to Contract C072-18, which WSDOT H/LP’s have reviewed and
approved of in advance of submission to the City Council for approval.
Relationship to Comprehensive Plan: Chapter 8 – Transportation.
Recommendation: Staff recommends authorization for the Mayor to execute Supplemental Agreement
No. 2 to Contract No. C072-18 with Tierra Right-of-Way Services, Ltd. in the additional amount of
$613,317.05, thereby bringing the total Contract amount to $813,231.06.
Motion for Consideration: I move to authorize the Mayor to execute Supplemental Agreement No. 2 to
Contract No. C072-18 with Tierra Right-of-Way Services, Ltd. in the additional amount of $613,317.05,
thereby bringing the total Contract amount to $813,231.06.
Alternative: Do not approve.
Fiscal Impact: Current allowable funds from Capital Street Fund No. 304 of the 2021-2022 Biennial Budget
will be exceeded. Additional funding sources will be needed.
Attachments: WSDOT Supplemental Agreement No. 2 (Exhibit A) and COPO Amendment No. 2.
Page 168 of 182
U:\Staff Reports\2021\20210413\7E 02 Tierra RWS_COPO Supp #2_ BSPP.doc Page 1
CITY OF PORT ORCHARD
Authorization for Amendment No. 2
Date: APRIL 13, 2021 Contractor: TIERRA RIGHT-OF-WAY SERVICES, LTD.
Project:
BSPP REAL ESTATE
PROFESSIONAL ACQUISITION
SERVICES 1575 E. RIVER ROAD
Contract / Job # C072-18 TUSCON, AZ 85718
Amount Sales Tax Total Date Appvd by
Original Contract $174,877.87 Included $174,877.87 13-Nov-18 COUNCIL
Supp Agreement #1 $25,036.14 Included $25,036.14 08-Sep-20 COUNCIL
Supp Agreement #2 $613,317.05 Included $613,317.05 13-Apr-21 COUNCIL
Total Contract $813,231.06
Contract History
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
Consultant Approval Signature Public Works Director/City Engineer
MARK R. DORSEY, P.E.
Printed Name & Title Printed Name
Approved: Mayor
Attest: City Clerk
Council Approval Date
THIS CHANGE ORDER AUTHORIZES THE ADDITIONAL WORK: ADDITIONAL SERVICES AS NEEDED TO
CONTINUE THE RIGHT-OF-WAY ACQUISITION PHGASE (SEE WSDOT SUPP #2.)
Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public
Works Director.
Change Orders that do not exceed 10%, with a maximum of $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the
Mayor.
Change Orders over $100,000 or exceed a total of 10% require Council Action.
Page 169 of 182
Supplemental Agreement Number
Organization and Address
Phone:
Original Agreement Number
Project Number Execution Date Completion Date
Project Title New Maximum Amount Payable
Description of Work
The Local Agency of
desires to supplement the agreement entered in to with
and executed on and identified as Agreement No.
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 1, SCOPE OF WORK, is hereby changed to read:
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days
for completion of the work to read:
III
Section V, PAYMENT, shall be amended as follows:
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the Appropriate
spaces below and return to this office for final action.
By: By:
Consultant Signature Approving Authority Signature
Date
DOT Form 140-063 Revised 09/2005 Page 170 of 182
Exhibit “A”
Summary of Payments
Basic
Agreement
Supplement #1 Total
Direct Salary Cost
Overhead
(Including Payroll Additives)
Direct Non-Salary Costs
Fixed Fee
Total
DOT Form 140-063 Revised 09/2005 Page 171 of 182
City of Port Orchard, Bay Street
Right of Way Services, Amendment #2
TROW #18WR00-186.01
Amendment #2
Scope of Work:
To date Tierra Right of Way, Ltd. (Tierra) has completed the extensive title review process. Numerous
errors were found, and Agents worked with the title company to get corrections. Due to the amount of
time that has passed, updated title reports will be requested, and title reports will be reviewed again.
We have assisted significantly with updating the right of way plans to their current condition.
Out of scope, we provided all documents for a public disclosure request and sat in on several meetings
with the City to discuss direction of the project and how we will proceed with each parcel. We have
performed a large amount of preliminary work. The project was put on hold and recently started back
up. During this extended period, Tierra staffing has changed, and new employees have been introduced
to the project.
Therefore, pursuant to the terms of the existing contract (C072-18) executed November 19, 2018, Tierra
will now perform acquisition services with twenty-six (26) owners; review two DNR leases and one Port
of Bremerton Easement, clear two encroachments (parcels 14 & 16), and provide relocation assistance
with three residential displacements and one business displacement. Due to our knowledge and
experience to date, the level of effort expected to complete this project is greater than originally
anticipated.
For the Leases – there will be possible site meetings, application process, review lease, GIS, etc. For the
Easement with the Port of Bremerton – review existing easement, an updated easement may be
required if the current one does not cover the rights required for this project.
KPG will update the ROW plans to indicate Access for tidelands, create an ownership table and provide
the updated title reports, new title reports for the tideland parcels, as well as legal descriptions and
exhibits for the tideland parcels. This amendment also includes an additional $1,021 to cover additional
services performed by KPG and paid by Tierra previously.
The budget already includes a portion of our appraiser’s fee, but an amendment was received to include
the new parcels and adjust others.
Tideland Parcel Table:
Parcel Assessor’s Parcel # Owner Name Acquisition Type
22 A 4027-003-003-0002 Lee/Kwon Access Rights
23 B 4027-002-001-0006 ISB Holdings Access Rights
24 C 4027-001-013-0004 Estate of
Holland
Access Rights
25 D 4027-002-006-0001 DeLucia Access Rights
26 E 4027-022-015-0008 G. Schiele Access Rights
27 F 4027-021-013-0002 G. Schiele Access Rights
28 G 4027-021-011-0103 K. Schiele Access Rights
29 H 4027-021-008-0108 Sweeney Access Rights
30 4027-022-005-0000 K. Hannem Access Rights
Page 172 of 182
City of Port Orchard, Bay Street
Right of Way Services, Amendment #2
TROW #18WR00-186.01
34 4027-023-008-0005 B. McQuery Access Rights
36 J 4027-023-005-0008 Munie Access Rights
42 O 4027-021-013-0006 William/Michel Access Rights
44 P 4027-034-001-0009 Haworth Access Rights
45 Q 4027-034-009-0001 Gadberry Access Rights
46 R 4027-035-001-0006 Hemiup Access Rights
Tierra will obtain appraisal and review appraisals for all the following parcels. Appraisal fees have been
updated and the increase reflected.
Appraisal & Review Table:
Parcel Assessor’s Parcel
#
Owner Name Appraisal Fee Review Fee
7 4027-021-004-
0003
Anderson $3,500.00 $900.00
9 4027-022-001-
0004
Haynes $3,500.00 $900.00
11 4027-023-009-
0004
Hannem $2,500.00 $900.00
12 4027-023-016-
0005
Davidson $2,500.00 $900.00
13 4027-023-017-
0004
Williams $3,500.00 $900.00
14 4027-032-001-
0102
Jones $3,500.00 $900.00
20 4027-034-003-
0007
Huth $3,000.00 $900.00
16 4027-035-002-
0005
Savage,Opstrup,
Roy, Curtoni
$5,200.00 $900.00
17 4027-035-003-
0004
Curtoni $5,200.00 $900.00
18 4027-035-004-
0102; 4689-004-
001-0001; 4689-
004-002-0000
Annapolis Quay $5,500.00 $900.00
19 4689-004-004-
0008
Kitsap Transit $3,500.00 $900.00
22 A 4027-003-003-
0002
Lee/Kwon $4,500.00 $900.00
23 B 4027-002-001-
0006
ISB Holdings $4,500.00 $900.00
24 C 4027-001-013-
0004
Estate of
Holland
$2,500.00 $900.00
Page 173 of 182
City of Port Orchard, Bay Street
Right of Way Services, Amendment #2
TROW #18WR00-186.01
25 D 4027-002-006-
0001
Delucia $3,500.00 $900.00
26 E 4027-022-015-
0008
G. Schiele $3,500.00 $900.00
27 F 4027-021-011-
0002
G. Schiele $3,500.00 $900.00
28 G 4027-021-011-
0103
K. Schiele $3,500.00 $900.00
29 H 4027-021-008-
0108
Sweeney $3,500.00 $900.00
30 4027-022-005-
0000
K. Hannem $2,500.00 $900.00
34 4027-023-008-
0005
B. McQuery $2,500.00 $900.00
36 J 4027-023-005-
0008
Munie $2,500.00 $900.00
42 O 4027-004-013-
0006
Michel $3,500.00 $900.00
44 P 4027-034-001-
0009
Haworth $3,500.00 $900.00
45 Q 4027-034-009-
0001
Gadberry $2,500.00 $900.00
46 R 4027-035-001-
0006
Hemiup $2,500.00 $900.00
Total $89,900.00 $23,400.00
Tierra has been requested to perform review of eight files prepared by Universal Field Services for
WSDOT Certification. This work and the fee previously bid anticipated only reviewing, but if something
is required to clear WSDOT Certification, we may need an amendment for the additional hours.
Amendment also includes fees for legal guidance from Miller Nash Graham & Dunn (MNGD), to not
exceed $45,000. In the event the City needs legal representation for condemnation, the City will
contract directly with MNGD. This work would not be performed through the Tierra contract.
Page 174 of 182
City of Port Orchard, Bay Street
Right of Way Services, Amendment #2
TROW #18WR00-186.01
Labor Classification Hours
Direct
Salary OH Fixed Fee Total Total Amount
Direct
Rate 142.18%30.00%
Billing
Rate
Division Manager 5 $ 69.72 $ 99.13 $ 20.92 $ 189.76 948.82$
ROW Division Manager 150 $ 59.23 $ 84.21 $ 17.77 $ 161.21 24,181.83$
Project Manager 50 $ 45.83 $ 65.16 $ 13.75 $ 124.74 6,237.00$
Project Manager 1470 $ 44.47 $ 63.23 $ 13.34 $ 121.04 177,926.52$
Senior Right of Way Agent 1250 $ 41.00 $ 58.29 $ 12.30 $ 111.59 139,492.25$
Senior Right of Way Agent 500 $ 39.50 $ 56.16 $ 11.85 $ 107.51 53,755.55$
Senior Right of Way Agent 970 $ 35.00 $ 49.76 $ 10.50 $ 95.26 92,405.11$
Right of Way Agent 0 $ 34.00 $ 48.34 $ 10.20 $ 92.54 -$
Adm. Project Coordinator 260 $ 27.00 $ 38.39 $ 8.10 $ 73.49 19,107.04$
Right of Way Technician 400 $ 25.00 $ 35.55 $ 7.50 $ 68.05 27,218.00$
5055 541,272.12$
Direct Reimbursables
Travel (Mileage):5,000 Miles 0.565$ 2,825.00$
Postage 150 Each 7.50$ 1,125.00$
Toll 75 Each trip 7.00$ 525.00$
Ferry 30 Each trip 16.40$ 492.00$
Files 33 Each 5.50$ 181.50$
MNGD 45,000.00$ -$ 45,000.00$
SH&H 59,150.00$ - -$ 59,150.00$
Duncan Associates 16,200.00$ - -$ 16,200.00$
KPG 17,501.00$ -$ 17,501.00$
Direct Reimbursables Subtotal: 142,999.50$
Total Maximum Amount Payable 684,271.62$
Balance on Contract 70,954.57$
Amendment #2 Amount 613,317.05$
Previous Maximum Amount Payable 199,914.01$
New Maximum Amount Payable 813,231.06$
City of Port Orchard, Bay Street Enhancements, Amendment #2
Tierra Right of Way Services, Ltd.
Page 175 of 182
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 7F Meeting Date:
April 13, 2021
Subject: Approval of the Purchase of a Crafco, Inc. Prepared by: Mark Dorsey, P.E.
Supershot Trailer Melter, Via Sourcewell Public Works Director
Contract 052417-CFC, Formerly Known Atty Routing No.: 366922.0009 - PW
as the National Joint Powers Alliance Atty Review Date: April 6, 2021
(NJPA)
Summary: The Port Orchard City Council approved $52,000 as part of the 2021-2022 Public Works
Department Biennial Budget for the purchase of a asphalt Crack Sealer/Melter. The City is a member of
Minnesota purchasing cooperative Sourcewell, formerly known as the National Joint Powers Alliance
(NJPA). On March 18, 2021, Public Works Department staff identified Crafco, Inc. as an approved
manufacturer through Sourcewell Contract No. 052417-CFC for a Crafco, Inc. Supershot 125 Diesel
Trailer/Melter, and consistent with the Sourcewell Contract, Crafco, Inc. referred the City to its local
authorized distributor (Partner Construction Products) for the purchase. Consistent with RCW
39.34.030, City staff confirmed the procurement process utilized by Sourcewell met the requirements of
Minnesota’s procurement regulations, and obtained the necessary documentation regarding
procurement. On March 18, 2021, Partner Construction Products provided the City with a quote of
$47,726.86 (plus applicable tax and delivery charge) for a total purchase price of $53,929.78, consistent
with the terms of the Sourcewell contract. The City’s Procurement Policy requires Council approval for
purchase prices in excess $35,000.00.
Relationship to Comprehensive Plan: Chapter 8 – Transportation (Maintenance).
Recommendation: Staff recommends that City Council approve the purchase of Crafco, Inc. Supershot
125 Diesel Trailer/Melter from Partner Construction Products through Sourcewell Contract No. 052417-
CFC, for a total purchase price of $53,929.78 (applicable tax included).
Motion for Consideration: I move to approve the purchase of a Crafco, Inc. Supershot 125 Diesel
Trailer/Melter from Partner Construction Products through Sourcewell Contract No. 052417-CFC, for a
total purchase price of $53,929.78 (applicable tax included).
Fiscal Impact: The 2021-2022 Biennial Budget allocated $52,000.00 for this purchase. A budget
amendment will be required (002.05.594.42.60).
Alternatives: Do not approve.
Attachments: Interlocal Purchase Checklist and Partner Construction Products Quote.
Page 176 of 182
CITY OF PORT ORCHARD
PURCHASES THROUGH INTERLOCAL AGREEMENTS
City Contract No.: C075-14
Interlocal Agreement with the Host Agency (government agency or Purchasing Co-Op name): Sourcewell-
formerly known as National Joint Power Alliance (NJPA), a Minnesota public agency______________
Item Description: ________Crafco Supershot 12D Trailer Melter__________________________
____________________________________
Do you have an Interlocal agreement signed with the Contract (host) Agency?
☐ If yes, where is it filed: _Clerk’s_
If no, get a mutually signed Agreement in place before you continue.
State OSP Contract No.#:
If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test
because the OSP contracts comply with remaining requirements and retain the documentation on hand for
SAO to review in the OSP offices.
Is this a technology contract? NO
If yes, do your own rules allow for technology contracts to be negotiated?
If your own rules allow for negotiated IT contracts, you can skip this test.
Is this a services contract? NO
If yes, do your own rules allow services to be negotiated?
If your own rules allow for negotiated services, you can skip the remainder of the test.
Are you using this as only one of multiple quotes, for a small purchase? NO
If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules.
Checklist for Required Compliance
Is the Host agency a public agency1? ☒ Yes ☐ No If Yes, what state laws apply to Host Agency:
Does the host agency have a requirement to run a newspaper ad in their local paper and did they comply
☐ Yes ☒ No Federal and State contract rules usually don’t require a newspaper ad. For others, attach the ad or place into the file
Did they list on the public agency’s website? ☒ Yes ☐ No If Yes, state when and the address, and proof of date, address shall be attached or placed into the file. If No, you cannot use the bid. Did the bid & award comply with the Host agency’s state procurement laws? ☒ Yes ☐ No If Yes, obtain documentation to support answer from Host Agency. If No, you cannot use the bid.
1 RCW 39.34.020 (1), “public agency” means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any
political subdivision of another state Page 177 of 182
DATE:18-Mar
CONTRACTOR
Crafco, Inc.
Angie Hoaglin
602-276-0406
480-961-0513
angie.hoaglin@crafco.com
EQUIPMENT PART #/DESCRIPTION:
Part Number Price
43600 44,928.00$
QTY/Part #/Description Price QTY/Part #/Description Price
20014- 3"Pintle Hitch 114.24$ 45599- Insulated engine Cover 1,400.00$
24227- Seven Pin Round Blade Connt. 51.82$ -$
20120- 18" Hitch Extension 496.00$ -$
24190K- 110V Over Night Heater 288.00$ -$
26058- #10 Fire Ext. 192.00$ -$
26059 - Mount Bracket for #10 Fire Ext.76.00$ -$
26098- Mounted Tool Box 76.80$ -$
26119 - 3/8" Safety Hooks (2ea.)104.00$ -$
Subtotal:2,798.86$
QTY/Part #/Description Price QTY/Part #/Description Price
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
-$ -$
Subtotal:-$
QUANTITY 1 47,726.86$
MATERIALS: (Listed in Contract Price list)
Part #/Description Units Price/unit TOTAL
-$ -$
-$ -$
-$ -$
-$
TRADE-INS/DISC./FREIGHT/TAX
Description Price Description Price
Freight From Chandler, AZ 1,750.0000$ -$
Sales Tax @ %9.0 4,452.9200$ -$
-$ -$
Subtotal 6,202.9200$ TOTAL:53,929.7800$ Crafco Approval By:
SOURCEWELL PRICING WORKSHEET Contract #052417-CFC
AUTHORIZED DISTRIBUTORPURCHASING AGENCY
Discounted Contract Price
CONTACT PERSON: Tony Lang
PHONE: 360-535-2490
FAX:
EMAIL: tlang@cityofportorchard.us
Contact Name: Seth Dawson
COMPANY: Partner Const. Products
PHONE: 253-850-1144
FAX:
EMAIL: seth@asphaltsupply.net
DELIVERED TO: 216 Prospect St, Port Orchard, WA 98366
BUYING AGENCY: City of Port Orchard
Supershot 125 Diesel Tailer One Axle
Description
Date: 3/18/2021
Not Valid Without Approval
EQUIPMENT OPTIONS: (Listed in Contract)
Price for options requiring mutiple units please list the total price not the each price.
UNPUBLISHED OPTIONS: (Items not shown it the Contract Price List)
Price for options requiring mutiple units please list the total price not the each price.
Angie Hoaglin
Equipment Total:
Material Total:
Page 178 of 182
City of Port Orchard
Council Meeting Minutes
Work Study Session Meeting of March 16, 2021
CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Ashby Present via Remote Access
Councilmember Chang Present via Remote Access
Councilmember Clauson Present via Remote Access
Councilmember Cucciardi Absent
Councilmember Diener Absent
Councilmember Lucarelli Present via Remote Access
Councilmember Rosapepe Present via Remote Access
Mayor Putaansuu Present via Remote Access
Staff present via Remote Access: Community Development Director Bond, Finance Director Crocker,
Public Works Director Dorsey, Utility Manager J. Brown, Police Chief M. Brown, City Attorney Archer,
City Clerk Rinearson, and Deputy City Clerk Floyd.
Mayor Putaansuu said Pursuant to the Governor’s “Stay Home - Stay Safe” Order, the City will
conduct the meeting through Zoom.
Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
1. GGLO Downtown Subarea Plan Presentation
Development Director Bond introduced Jeff Foster with GGLO and noted when this was brought
before the City Council, Council was concerned about the level of public participation and asked staff
to do additional outreach. Staff sent out a second mailer that included graphics and held another
public meeting during a Planning Commission meeting. In addition, we had concerns about our plan
that was communicated back to us. Tonight’s presentation will include revisions due to the City’s
concerns.
Jeff Foster provided a presentation which included an updated project timeline, project update on
EIS public comment period and subarea plan, subarea plan goals, vision and alternatives, and parking.
Page 179 of 182
Minutes of March 16, 2021
Page 2 of 4
Additional discussion was held regarding parking evaluation as part of the development on the west
side of town, land use policies regarding Sidney and Cline corridors, countywide centers, county
campus location, leases with the Port of Bremerton, pedestrian stair climb, and adding the foot ferry
ramp to the maps.
Council Direction: No direction was given to staff.
2. KRCC Update to the Countywide Planning Policies
Community Development Director Bond said he emailed Council the draft Countywide Planning
Policies to let them know what changes are being proposed. He asked Council to familiarize
themselves with the policies and what changes are being proposed this time around.
In 2019/2020, Puget Sound Regional Council adopted the new regional growth strategy, Vision 2050.
This identified a deadline for each county to adopt updates to the countywide planning policies by
December 31, 2021. The City has been working with a planning consultant to help facilitate this
update.
The policies are broken into elements A through N, plus an introduction, and several appendices. Mr.
Bond briefly spoke to the polices and asked the Council if they had questions. He noted April 7th is
the deadline for elected officials to provide their comments. Council will be asked to ratify this
document once the County has voted to approve it. 4 out of 5 Kitsap jurisdictions must vote to ratify
this for it to become effective.
Additional discussion was held regarding equity, the policies are the foundation for our
comprehensive plan, policy language, increasing density and expanding boundaries, regional and
industrial centers, transit communities, and flexibility.
Council Direction: No direction was given to staff.
3. Water Restoration and Enhancement Draft Plan
Public Works Director Dorsey said the Department of Ecology deadline has been pushed back. The
City has been engaged in the Water Restoration draft plan, even though we operate two permitted
water systems. This applies specifically to exempt wells or non-permitted, but at the end of the day,
it has to do with providing governance to put water back into the ground when you take it out of the
ground. There are benefits to us approving this plan.
Additional discussion was held regarding approving this draft plan, bringing this back before Council
for approval of April 13, 2021, stormwater relations, and impacts on rural growth.
Council Direction: No direction was given to staff.
GOOD OF THE ORDER
Page 180 of 182
Minutes of March 16, 2021
Page 3 of 4
Police Chief Brown spoke briefly about a disturbance which happened after the last Council meeting
regarding a woman in a behavioral health crisis who was threatening to take her own life. Our officers
were able to deescalate the situation and the woman was brought to the hospital for evaluation.
EXECUTIVE SESSION
At 8:11 p.m., Mayor Putaansuu recessed the meeting for a 20-minute executive session pursuant to
RCW 42.30.110(1)(b), to consider the selection of real estate for purchase; RCW 42.30.110(1)(i), to
discuss litigation to which the City is a party with legal counsel; and RCW 42.30.110(1)(i), to discuss
legal risks of a proposed agency action with legal counsel. City Attorney Archer, Community
Development Director Bond, Public Works Director Dorsey, City Clerk Rinearson were invited to
attend, and City Attorney Archer announced potential action to follow.
At 8:31 p.m., Mayor Putaansuu extended the meeting for 10-minutes.
At 8:41 p.m., Mayor Putaansuu extended the meeting for 10-minutes.
At 8:49 p.m., Mayor Putaansuu reconvened the meeting back into session noting this extended
session only lasted 8 minutes.
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to amend the agenda
to include the action on a settlement agreement, and discussion and action on the acceptance of
permits for community events.
The motion carried.
City Attorney Archer said the proposed settlement agreement is with litigants who brought an action
against the City.
MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the
settlement agreement.
The motion carried.
(Contract No. 043-21)
MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, that due to the COVID
pandemic to suspend the acceptance of special event applications indefinitely.
Councilmember Rosapepe appreciates this action by Council as we have a Lodging Tax Advisory
Committee meeting on Monday, and this helps clarify things.
Councilmember Clauson said part of the reasoning for his support is until we get clearer guidance
from the Governor’s office on specifically what are the conditions related to community gatherings
Page 181 of 182
Minutes of March 16, 2021
Page 4 of 4
and whatever phase he puts us into. There is a lot of uncertainty on exactly what the current approval
from the Governor’s office is.
Councilmember Lucarelli noted this is actually to be prudent with the limited staff we have at the
City right now, and that we are not wasting staff time until we know better how to move forward.
Councilmember Ashby explained our intent is not to limit or suspend the events that we have
downtown because we appreciate all those events, we appreciate the non-profits that put those
events together; however, we do need to be cautious during this particular time and as soon as we
have the appropriate information we can move forward again.
The motion carried.
GOOD OF THE ORDER
Councilmember Clauson asked if we should excuse the Councilmembers who are absent from this
meeting.
MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to excuse
Councilmembers Diener and Cucciardi from tonight’s meeting.
The motion carried.
Councilmember Clauson invited Council to ride the ferry from Southworth to downtown Seattle on
Saturday, March 27th. The community is also invited.
ADJOURNMENT
The meeting adjourned at 9:00 p.m. No other action was taken. Audio/Visual was successful.
Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor
Page 182 of 182