029-21 - Ordinance - Repealing Ordinance 007-19, and Contract with DOE for the Marina Pump StationORDINANCE NO.029.2L
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
ACCEPTING THE GENERAL TERMS ASSOCIATED WITH DEPARTMENT OF
ECOLOGY AMENDED CWSRF LOAN AGREEMENT NO. WQC-2019-
PoOTPW-OOO2S AND THEREBY APPROVING NEW CONTRACT NO CO68-21
FOR THE CONTINUATION OF THE MARINA PUMP STATION REBUILD
PROJECT; REPEALING ORDINANCE NO. OO7-L9; PROVIDING FOR
SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
WHEREAS, on February L9,2OI9, the Port Orchard City Council adopted Ordinance No.
OO7-L9, thereby approving Contract No. C011-L9 and accepting Department of Ecology
(DOE) Clean Water State Revolving Fund (CWSRF) Loan Agreement No. WQC-2019-PoOrPW-
00025 for the Marina Pump Station Rebuild Project (the "Project"); and
WHEREAS, for the work completed to date, including moving the Project to the 80%
design phase, the City has utilized local funds only and has not drawn on the existing DOE
Loan; and
WHEREAS, over the course of the 30% to 80% design phase for the Project, and 1) in
coordination with the lmagine Port Orchard Waterfront Redevelopment and the City's
Community Event Center Projects and 2) in response to a sewerage overflow event in 2020,
the anticipated Scope and Budget for the Project increased significantly; and
WHEREAS, to redress the increased anticipated cost and upon consultation with
Ecology staff, Ecology recommended a new Loan Agreement No. WQC-20L9-PoOrPW-00025
for the continuation of the Marina Pump Station Rebuild Project to replace the previous
agreement; and
WHEREAS, the funds allocated under the new Loan Agreement may be utilized for work
performed to date on the Project; and
WHEREAS, the City Council has determined it to be in the best interests of the City to
rescind its authorization for the previous agreement and authorize the execution of a new
Contract No. C068-21 with the Department of Ecology for the continuation of the Marina
Pump Station Rebuild Project; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
SECTION 1. Repealer. Ordinance No. 007-19 is hereby repealed in its entirety
Ordinance No. 029-21
Page 2 of 2
SECTION 2. Authorization. The Mayor is authorized to execute Contract No. C058-21
with the Department of Ecology for the continuation of the Marina Pump Station Rebuild
Project and the City agrees to be bound by the general terms of the Agreement in their
entirety.
SECTION 3. Severabilitv. lf any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this Ordinance.
SECTION 4. Publication. This Ordinance shall be published by an approved summary
consisting of the title.
SECTION 5. Effective Date. This Ordinance shall take effect and be in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this L3th day of July 2021,.
--t--9
Robert Putaansuu, Mayor
ATTEST SPONSOR
zaaz&t
Brandy Rinearson, MMC, City Clerk Cindy relli, Councilmember
APPROVED AS TO FORM:
c arlotte Archer, City Attorney
PUBLISH ED : July 16, 2O2!
EFFECTIVE DATE: July 2L,2O2L