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07/27/2021 - Regular - PacketMayor: 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, Chair 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 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, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us City of Port Orchard Council Meeting Agenda July 27, 2021 6:30 p.m. Public Remote Access Link: httas://us02web.zoom.us/i/84141976990 Zoom Webinar ID: 8414197 6990 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 a Resolution Confirming Mayoral Appointments to Kitsap County Services Grant Recommendation Committee (Rinearson) Page 3 D. Adoption of a Resolution Declaring Certain Equipment as Surplus and Authorizing its Disposition (Rinearson) Page 5 E. Excusal of Councilmember Rosapepe Due to Personal Obligations 5. PRESENTATION 6. PUBLIC HEARING A. Adoption of a Resolution Approving and Adopting the 2021-2030 Water Use Efficiency Goals and Performance Measures (Dorsey) Page 9 rA-*1_R1h\t*S-' 1k1Ak&[-1 A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Regarding Water and Sewer CFC Exceptions (Crocker) Page 11 B. Adoption of an Ordinance Approving a Contract with the Washington State Department of Health for the Continuation of the Well No. 11 Development, Treatment & Booster Pump Station Protect (Dorsey) Page 30 C. Approval of Amendment No. 2 to Contract No. 048-20 with Murraysmith, Inc. for the 2020-2021 McCormick Woods Well No. 11 Site Improvement Protect Final Design & Bid Support (Phase 2) (Dorsey) Page 79 D. Adoption of a Resolution Approving and Adopting the 2021-2030 Water Use Efficiency Goals and Performance Measures (Dorsey) Page 104 E. Adoption of a Resolution Authorizing the Mayor to Execute all Documents Required to Enter into an Assignment of Department of Natural Resources Aquatic Lands Lease No. 22-AO2336 (Archer) Page 106 F. Adoption of a Resolution Adopting the Final Plat of Magnolia Ridge (Bond) Page 141 G. Adoption of a Resolution Approving Amendment No. 1 to Contract No. 066-20 with Rice Fergus Miller for Phase 1 of the South Kitsap Community Events Center (SKCEQ (Bond) Page 173 H. Approval of the July 13, 2021, City Council Meeting Minutes Page 194 8. DISCUSSION ITEMS (No Action to be Taken) A. City's Spring and Fall Clean-up Program (Archer) Page 201 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 Date & Time Economic Development and August 9, 2021; 9:30am — 2nd Monday of each Tourism month Utilities Augus73:310pm , 2021; 5:00pm Land Use Augu2021; 4:00pm Festival of Chimes & Lights August 23, 2021; — 3rd Monday of each month Finance August 17, 2021; 5:00pm Transportation July 27, 2021; 5:00pm; 4th Tuesday of each month Sewer Advisory September 22, 2021; 6:30pm Lodging Tax July, 2021 Outside Agency Committees Varies Location Remote Access Remote Access Remote Access Remote Access Remote Access Remote Access City Hall ----------------------- Remote Access ------------------------ Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: 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. July 27, 2021, Meeting Agenda Page 2 of 2 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: July 27, 2021 Subject: Adoption of a Resolution Confirming Prepared by: Brandy Rinearson, MMC Mayoral Appointments to the Kitsap County City Clerk Services Grant Recommendation Committee Atty Routing No.: N/A Atty Review Date: N/A Summary: On January 12, 2021, City Council adopted Resolution No. 003-21 which re -appointed Alisha Beeler for a one-year term until December 31, 2021, to the Kitsap County Services Grant Recommendation Committee. On July 8, 2021, staff was informed by Kitsap County that Alisha Beeler had moved out of the area and asked if the City of Port Orchard had someone else to appoint to this position. Mayor Putaansuu and staff contacted Sherie Ellington who indicated her availability to serve on this committee for this unexpired term. Recommendation: Mayor Putaansuu recommends adoption of a Resolution confirming appointment of Sherie Ellington to fill an unexpired term to the Kitsap County Services Grant Recommendation Committee with the term expiration of December 31, 2021. Relationship to Comprehensive Plan: N/A. Motion for consideration: "I move to adopt a Resolution confirming the Mayor's appointment to the Kitsap County Services Grant Recommendation Committee, as set forth in the Resolution presented." Fiscal Impact: None. Alternatives: Not confirm the Mayor's appointment and provide further direction to Mayor. Attachments: Resolution. Page 3 of 201 Back to Agenda 12*119R11111[91L1,11[93 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING MAYORAL APPOINTMENT TO THE KITSAP COUNTY SERVICES GRANT RECOMMENDATION COMMITTEE. WHEREAS, the Mayor is authorized to appoint volunteers to fill expired or vacant terms on the various boards, committees, and commissions, upon confirmation of the City Council; and WHEREAS, the City was informed by Kitsap County that Alisha Beeler who serves on the Kitsap County Services Grant Recommendation Committee, had moved out of the area and they asked if the City could fill this position; and WHEREAS, the following committee has an opening for an unexpired term; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council of the City of Port Orchard does hereby confirm the appointment of Sherie Ellington for an unexpired term expiring December 31, 2021, to the Kitsap County Services Grant Recommendation Committee. 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 271" day of July 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 4 of 201 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Meeting Date: July 27, 2021 Subject: Adoption of a Resolution Declaring Certain Prepared by: Brandy Rinearson, MMC Equipment as Surplus and Authorizing its Disposition Atty Routing No. Atty Review Date City Clerk N/A N/A Summary: Assets of the City that are no longer useable, are no longer of value to the City, or are surplus to City needs may be removed from City ownership, sold, or in any other way disposed with a declaration of surplus by the City Council. Staff is asking the Council to surplus police equipment which is attached as Exhibit A to the resolution. Although the City's internal asset value of the equipment has been determined to be $300.00, any money from the sale of surplus property is deposited into the Fund which owned the equipment. When disposal is to the general public through direct sale, sealed bid or auction, final determination of value shall be the highest responsible bid or offer. The City may transfer a surplus asset to another public agency upon written request and a determination that it is in the public interest. Recommendation: Staff recommends adoption of a Resolution declaring certain equipment surplus and allowing for its disposition. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution declaring certain equipment surplus and authorizing its disposition. Fiscal Impact: Money received from the disposition of surplus equipment is deposited in the Fund of ownership. Alternatives: Do not adopt. Attachments: Resolution. Page 5 of 201 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING CERTAIN EQUIPMENT AS SURPLUS AND AUTHORIZING ITS DISPOSITION. WHEREAS, certain personal property owned by various Funds of the City of Port Orchard has become surplus to the needs of the City; and WHEREAS, the City Council has determined that the current asset value of the police equipment items to be $300.00; and WHEREAS, the City Council has, pursuant to the requirements of POMC 1.30.020, considered the possible future requirements of the City, the present value of the personal property and utility equipment, the likelihood of locating a buyer, possible intergovernmental cooperation, and the general welfare of the citizens of Port Orchard in determining whether it is in the best interests of the City to dispose of such personal property and utility equipment; and WHEREAS, the City Council desires to dispose of said police equipment in the best interests of the City, now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The property described in the attached Exhibit A is declared as a surplus to the needs of the City. Staff is instructed to dispose of the items in a manner that reflects the best interest of the City. 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 27t" day of July 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 6 of 201 Back to Agenda 1h DESCRIPTION, MODEL, SERIAL # ASSET COST DISPOSITION genesis decatur hand held radar #08167 0.00. obsolete radar antenna #pyt315016858 0.00- obsolete ------------------------------------------ radar falson hand held #ff2313 0.00. obsolete Alco Screen 3000 PBT SS#5465 0.00- obsolete ------------------------------------------ Alco Screen 3000 PBT SS#3763 0.00. obsolete SunPak Auto 555 Thysristor Cmamera 0.00* obsolete Handheld flash 6455dx SunPak Auto 555 Thysristor Cmamera 0.00- obsolete Handheld flash 6455dx SunPak Auto 555 Thysristor Cmamera 0.00. obsolete Handheld flash 6455dx Taser TXR x26e blk/slvr Serial#x00-106632 0.00 0.00 Obsolete Taser TXR x26e blk/slvr Serial#x00-153200 0.00 Obsolete Taser TXR x26e blk/slvr Serial#x00-434156 0.00 Obsolete Taser TXR x26e blk/slvr Serial#x00-593020 0.00 Obsolete Taser TXR x26e blk/slvr Serial#x00-592996 Obsolete PORTABLE RADIO S/N# 749TCC2886 0.00 Does not work RADAR CUSTON SIGNAL TROOPER S/N 0.00 Obsolete #KK38263 #cc39198 Fujifilm Finepix s5200 S#6CAO-7053 50.00 Obsolete Fujifilm Finepix s5200 S#6CAO-8881 50.00 Obsolete Fujifilm Finepix s5200 S#6CAO-8882 50.00 Obsolete FUJI Finepix S5200 Digital zoom camera 50.00 Obsolete Serial No. 6DA12881 Canon 3500 Camera S#1820761124 50.00 Obsolete Canon 3500D Camera S#2520712658 EOS 50.00 Obsolete Rebel XT Radar -Custom Signal Trooper S#KK15988 0.00 Obsolete #ccl5667 Radar -Genesis Dekatur S#G18679 0.00 Obsolete MPH Industries Z 25 Hand Held Radar Serial 0.00 Obsolete #HHS569000566 Portable Radio S/N#749TBL1153 0.00 bsolete not working MPH Z 25 Radar Serial #HHS569000583 0.00 Obsolete Taser X26 Serial No. X00-592996 0.00 bsolete not working Taser X26 Serial No. X00-593020 0.00 bsolete not working Page 7 of 201 Back to Agenda Taser TXR x26e blk/slvr Serial#x00-723137 0.00 solete not working Taser TXR x26e blk/slvr Serial#x00-723154 0.00 Obsolete Taser TXR x26e blk/slvr Serial#x00-723144 0.00 Obsolete Taser TXR x26e blk/slvr Serial#x00-723139 0.00 solete not working Taser TXR x26e blk/slvr Serial#x00-723124 0.00 solete not working Taser TXR x26e blk/slvr Serial#x00-722986 0.00 solete not working Taser TXR x26e blk/slvr Serial#x00-723446 0.00 Obsolete $300.00 Page 8 of 201 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Public Hearing 6A Adoption of a Resolution Approving and Adopting the 2021-2030 Water Use Efficiencv Goals and Performance Measures Meeting Date: Prepared by: Atty Routing No.: Atty Review Date Back to Agenda July 27, 2021 Mark Dorsey, P.E. Public Works Director 366922.0013 — Water July 7, 2021 Summary: In 2003, the Washington State Legislature passed Engrossed Second Substitute House Bill 1338, better known as the Municipal Water Law, to address the increasing demand on the state's water resources. The law established that all municipal water suppliers must use water more efficiently in exchange for water right certainty and the flexibility to meet future demand. The legislature passed requirements in the Washington Administrative Code (WAC) 246-290 and directed the department of health to adopt an enforceable Water Use Efficiency (WUE) program, which became effective in January of 2007. Consistent with this law, the city must set a water use efficiency goal and measure progress each year toward meeting the goal. The goal must include a measurable outcome, address water supply characteristics, and include an implementation schedule. The city must also evaluate or implement efficiency measures to help meet the goal. By Resolution No. 049-21, the City would set a Water Use Efficiency goal of reducing the per capita water use by 0.5% annually over the next ten years. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Recommendation: Staff recommends holding the Public Hearing. Alternatives: Do not hold the Public Hearing. Attachments: Resolution No. 049-21. Page 9 of 201 Back to Agenda RESOLUTION NO. 049-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPPROVING AND ADOPTING 2021 - 2030 WATER USE EFFICIENCY GOALS AND PERFORMANCE MEASURES FOR THE CITY OF PORT ORCHARD'S DRINKING WATER SYSTEMS. WHEREAS, in 2003 the Washington State legislature passed House Bill 1338, known as the Municipal Water Law, to address increasing demands on our state's water resources; and WHEREAS, the Washington State Department of Health was directed to oversee and enforce a Water Use Efficiency Program (WUE) to help support the goals of ensuring safe and reliable drinking water supplies; and WHEREAS, the City Council adopted by Resolution 091-09 on September 22, 2009, a goal of reducing the Single Family Residential water consumption from 160 gallons per day to 155 gallons per day by 2014, which is a 0.5% annual reduction; and WHEREAS, the City Council adopted by Ordinance 020-15 on November 11, 2015, a tiered water rate structure to encourage and stimulate customers to use less water; and WHEREAS, on July 27, 2021 the City held a duly -noticed public hearing on this Resolution; and WHEREAS, the City Council has considered staff presentations, proposals and public comment and finds it is in the best interests of the residents of the City to adopt the City's Water Use Efficiency Goals and Performance Measures set out herein for the City of Port Orchard for 2021 to 2030; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves and adopts the Water Use Efficiency goal of reducing the per capita water use by 0.5% annually over the next ten years. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 271h day of July 2021. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 10 of 201 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Subject: Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Regarding Water and Sewer CFC Exceptions Back to Agenda Meeting Date: July 27, 2021 Prepared by: Noah Crocker, Finance Director Atty Routing No.: 366922.0013 — Water Atty Review Date: July 21, 2021 Summary: At the June 08, 2021, Regular City Council Meeting, staff presented the Water and Sewer Capital Facility Charge exceptions set out in the current code. The purpose of the presentation was to review the current code language and its impact on redevelopment (i.e., changes in use) and mixed -use projects. As part of the presentation, staff also put forth alternative policies for the council if the council wanted to make a change. After receiving feedback from the council, staff presented to the finance committee some additional alterations to the policy to get clarification and focus the change and proposal. The staff presented those proposed changes at the 07.20.2021 Finance Committee and Council Study session. The proposed changes focused on streamlining the application of the capital facility charge by changing the calculation to be based on ERU (as is the practice for sewer connections) as well as eliminating the distinction between residential and nonresidential for the fees and exceptions. Additional edits to Chapter 13.04 are also included in this Ordinance to clarify the City's front footage fee and allow for the use of Agreement's in Lieu of Assessment in limited circumstances. The ordinance also includes a exemption for accessory uses (such as accessory dwelling units (ADU), family -day care, home occupation, or home business) from the CFC calculation, provided that to qualify for exemption an ADU must be less than 1000 square feet and served by the main principal dwelling unit's meter. All other accessory uses (other than ADUs) must use less than 180 gallons of water per day to qualify for exemption. Recommendation: Staff recommends adopting the ordinance amending the POMC as attached. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt an Ordinance amending Port Orchard Municipal Code chapter 13.04 as presented." Fiscal Impact: N\A Alternatives: Do not adopt Ordinance and provide alternative guidance Attachments: Ordinance (Clean), and Ordinance with red -line code revisions. Page 11 of 201 Back to Agenda ORDINANCE NO. 023-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO THE WATER AND SEWER CAPITAL FACILITY CHARGES (CFC) AND THE EXCEPTIONS THERETO; AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) SECTIONS 13.04.025, 13.04.030, 13.04.035, AND 13.04.040; ADOPTING NEW POMC SECTION 13.04.036 AND REPEALING POMC SECTION 13.04.080; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard charges a Water Capital Facility Charge (Water CFC), levied upon new connections, changes in use, and building modifications which increase the total number of ERUs connected to the City's water utility; and WHEREAS, the City charges a Sewer Capital Facility Charge (Sewer CFC) paid to the City for new development and connections to the City's sewerage system; and WHEREAS, the City recently updated the City's Sewer CFC and Water CFC rates following detailed rate studies; and WHEREAS, following that project, the City audited the exceptions the City permits to the Water CFC and Sewer CFC, and, in particular, audited the methodology utilized for determining whether an exception is triggered; and WHEREAS, although Sewer CFCs are charged per equivalent residential unit (ERU), Water CFCs differ for residential and non-residential, with the latter based on the meter size utilized; and WHEREAS, in the interest of uniformity in the levying of the CFCs, and therefore predictability and reduced administrative expense, and in conjunction the application of exceptions to the CFCs, the City desires to apply the CFCs and the applicable exceptions based on ERU; and WHEREAS, a duly noticed Public Hearing was held on this Ordinance on XX before the City Council; and WHEREAS, the City Council finds that the amendments herein are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code 13.04.025 is hereby amended to read as follows: 13.04.025 Fee Schedule Page 12 of 201 Back to Agenda Ordinance No. Page 2 of 8 (1) The fees set forth below are referenced in POMC 13.04.0301 13.04.033, 13.04.035 and 13.04.040. Water Sewer Connection Fees Water Capital POMC 13.04.030(1)(a) Facility Charge Per ERU (except $11,571 Irrigation) Irrigation — Per $11,571 Meter Water Inspection Fee POMC 13.04.030(7) and 13.04.033(3) Per Meter $111.37 Connection Fees/Labor Installation Fees POMC 13.04.033(1) 3/4" $1,113.73 1" $1,336.49 1-1/2" $1,670.61 2" $2,227.48 Larger Estimated case by case Water Main POMC 13.04.035 Front Footage Charge Per Front Foot $111.37 Page 13 of 201 Back to Agenda Ordinance No. Page 3 of 8 SECTION 2. Port Orchard Municipal Code 13.04.030 is hereby amended to read as follows: 13.04.030 Water Capital Facility Charge (1) The water capital facility charge is designed to mitigate the impact of new demands on the existing water system and to require new users to pay their fair share of the value of the water system including, but not limited to, water supply, treatment, transmission, storage and distribution facilities. The water capital facility charge applies to new construction, changes in use, and building modifications which increase the total number of equivalent residential units (ERUs). An ERU is 180 gallons per day for nonresidential connections. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. Prior to connecting to the city's water system the property owner shall pay, in addition to other applicable charges, the applicable water capital facility charge. (a) The water capital facility charge for a residential connection is based on a set fee per ERU which is set forth in POMC 13.04.025. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit, or any other configuration. (b) The water capital facility charge for a nonresidential connection is based on a set fee per ERU which is set forth in POMC 13.04.025. (c) When a building contains a mix of uses (residential & non-residential) the water capital facility charge is based on a sum of (a) and (b) above. (d) Irrigation meters are charged a set fee which is set forth in POMC 13.04.025. (e) Legally established accessory uses (such as accessory dwelling units, family -day care, home occupation, or home business) to the Household Living land use code as defined in POMC 20.39.100, shall not be included in the CFC calculation provided that an accessory use meets the following criteria: (i) For accessory dwelling units, the accessory dwelling unit is less than 1,000 square feet in floor area and is served by the same water meter as the principal dwelling. (ii) The accessory use, if not an accessory dwelling unit, is expected to use less than 180 gallons of water per day. (f) The public works director or designee is authorized to waive the connection fee of the water systems which do not impact the fire flow storage requirements of the city. All Page 14 of 201 Back to Agenda Ordinance No. Page 4 of 8 other fees, charges and expenses shall be paid as in accordance with this chapter. Examples of these connections are fire protection systems and relocating service lines which cross private property. (2) If, after connection of a nonresidential service, the actual water usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the water capital facility charge was paid, the property owner shall pay to the city an additional water capital facility charge based upon the new or expanded use. The additional water capital facility charge shall be based upon the charge rate in effect at the time the increase in use is requested and/or detected, whichever first occurs. (3) Water Capital Facility Charge — Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or full exception to the assessment of the water capital facility charge, provided all of the following requirements must be met to qualify for a partial or full exception: (a) Property owners must submit an application for a partial or full exception on the City's application form; and (b) A nonresidential or residential account has maintained a connection to the city's water system and paid a minimum base fee as applicable; and (c) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; and (d) After the building improvements are completed, the total water usage for the account will be equal to or less than the ERU number calculated consistent with this section. SECTION 3. Port Orchard Municipal Code 13.04.035 is hereby amended to read as follows: 13.04.035 Water main front footage charge (1) Where all or a portion of the premises to be served has not been previously assessed or contributed its share towards the cost of installing a permanent main to serve such premises, water service shall be provided upon payment of a water main front footage charge as provided for in this section, in addition to the water capital facility charge set forth in POMC 13.04.030 and the connection fee set forth in POMC 13.04.033. (2) The water main front footage charge shall be based on the frontage of the property served, as determined by the public works director. Properties situated on corner lots abutting utility mains Page 15 of 201 Back to Agenda Ordinance No. Page 5 of 8 on two sides shall have the front footage charge computed by averaging the two sides. The charge shall be charged per front foot as set forth in POMC 13.04.025. (3) Water main front footage charges shall be charged on new accounts unless partially or fully exempted as explained below: (a) The property has previously paid its share of a local water main as part of a water local improvement district and there are records to verify this; or (b) The property has extended the local water main as required by the city and paid all costs associated with the extension; or (c) The property has paid its equitable share of the cost of a previously installed local water main pursuant to a latecomer's agreement; or (d) The agreement for purchase and sale of assets of McCormick Water Company, Inc., waives the city fee in lieu of assessment for water services. These are the services within McCormick Woods, Campus Station, Kenmore Court, and McCormick 620. (4) If a property owner requests an exemption as described above, the director of public works or designee shall make an administrative determination regarding the applicability, amount of the exemption, and shall execute the agreement based on those determinations. The decision may be appealed to the hearing examiner. SECTION 4. New Port Orchard Municipal Code 13.04.036 is hereby adopted to read as follows: 13.04.036 Water main agreement in lieu of assessment (1) Where all or a portion of the premises to be served does not abut a water main, water service may be provided upon execution of an Agreement for Water Main In Lieu of Assessment, whereby the property owner agrees to the following, among other terms set by the public works director, and performance of all obligations under the Agreement: (a) Property owner will pay its share of a local water main as part of a water local improvement district; or (b) Property owner will extend the local water main as required by the city and pay all costs associated with the extension; or (c) Property owner will pay its equitable share of the cost of an installed local water main pursuant to a latecomer's agreement or other agreement; or Page 16 of 201 Back to Agenda Ordinance No. Page 6 of 8 (d) Property owner will pay a Water Main Front Footage Fee. (2) If a property owner requests an Agreement for Water Main In Lieu of Assessment as described above, the director of public works or designee shall make an administrative determination regarding the eligibility and terms for an agreement. The director's decision may not be appealed. Approval of the agreement is the discretion of City Council. SECTIONS. Port Orchard Municipal Code 13.04.040 is hereby amended to read as follows: 13.04.040 Sewer Capital Facility Charge — Extension of Sewer (1) The sewer capital facility charge is designed to mitigate the impact of new demands on the existing sewer system and to require new users to pay their fair share of the value of the sanitary sewer system. The sewer capital facility charge applies to new construction, changes in use, and building modifications that increase the total number of equivalent residential units (ERUs). An ERU is 180 gallons per day for nonresidential connections. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit or any other configuration. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. (a) Sewer Capital Facility Charge — Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or full exception to the assessment of the sewer capital facility charge, provided all of the following requirements must be met to qualify for a partial or full exception: (i) Property owners must submit an application for a partial or full exception on the City's application form; and (ii) A nonresidential or residential account has maintained a connection to the city's sewer system and paid a minimum base fee, as applicable; and (ii) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; (iii) After the building improvements are completed, the total sewer usage for the account will be equal to or less than the ERU number calculated consistent with this section; and Page 17 of 201 Back to Agenda Ordinance No. Page 7 of 8 (b) Accessory uses (such as accessory dwelling units, family -day care, home occupation, or home business) to the Household Living land use code as defined in POMC 20.39.100, shall not be included in the CFC calculation provided that an accessory use meets the following criteria: (i) For accessory dwelling units, the accessory dwelling unit is less than 1000 square feet in floor area and is served by the same water meter as the principal dwelling. (ii) The accessory use, if not an accessory dwelling unit, is expected to use less than 180 gallons of water per day. (2) The sewer capital facility charge consists of two components: the general facilityfee (GFF) and the wastewater treatment facility fee (WTFF). The general facility fee and the wastewater treatment facility fees are set forth in POMC 13.04.025. The properties within Divisions 1 through 10, inclusively, of the McCormick Woods Land Company shall have a wastewater treatment fee which is set forth in POMC 13.04.025. SECTION 6. Repealer. Port Orchard Municipal Code 13.04.080 is hereby repealed. SECTION 7. Repealer. All previous Resolutions or portions thereof conflicting with the amendments set out in this Ordinance, including but not limited to Resolution No. 166, are hereby repealed. SECTION 8. 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 9. This ordinance shall be posted and published as required by law, and shall be effective and in full force five (5) days following publication. 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 271" day of July 2021. Robert Putaansuu, Mayor Page 18 of 201 Back to Agenda Ordinance No. Page 8 of 8 ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte A. Archer, City Attorney Cindy Lucarelli, Councilmember PUBLISHED: EFFECTIVE DATE: Page 19 of 201 Back to Agenda ORDINANCE NO.023-21 AN ORDINANCE OF THE CITY OF PORTORCHARD, WASHINGTON, RELATING TO THE WATER AND SEWER CAPITAL FACILITY CHARGES (CFC) AND THE EXCEPTIONS THERETO; AMENDING PORT ORCHARD MUNICIPAL CODE (POMC) SECTIONS 13.04.025, 13.04.030, 13.04.035, AND 13.04.040; ADOPTING NEW POMC SECTION 13.04.036AND REPEALING POMC SECTION 13.04.080; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Port Orchard charges a Water Capital Facility Charge (Water CFC), levied upon new connections, changes in use, and building modifications which increase the total number of ERUs connected to the City's water utility; and WHEREAS, the City charges a Sewer Capital Facility Charge (Sewer CFC) paid to the City for new development and connections to the City's sewerage system; and WHEREAS, the City recently updated the City's Sewer CFC and Water CFC rates following detailed rate studies; and WHEREAS, following that project, the City audited the exceptions the City permits to the Water CFC and Sewer CFC, and, in particular, audited the methodology utilized for determining whether an exception is triggered; and WHEREAS, although Sewer CFCs are charged per equivalent residential unit (ERU), Water CFCs differfor residential and non-residential, with the latter based on the meter size utilized; and WHEREAS, in the interest of uniformity in the levying of the CFCs, and therefore predictability and reduced administrative expense, and in conjunction the application of exceptions to the CFCs, the City desires to apply the CFCs and the applicable exceptions based on ERU; and WHEREAS, a duly noticed Public Hearing was held on this Ordinance on XX before the City Council; and WHEREAS, the City Council finds that the amendments herein are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Port Orchard Municipal Code 13.04.025 is hereby amended to read as follows: 13.04.025 Fee Schedule Page 20 of 201 Back to Agenda (1) The fees set forth below are referenced in POMC 13.04.030, 13.04.033, 13.04.035 and 13.04.040. Water Sewer Connection Fees Water Capital POMC 13.04.030(1)(a) Facility Charge Rpsi pntial — Per $11,571 ERU (except Irrigation) WateF Capital Facility !'L.. Fge b RR,....I MR A..+..A..+-F Size i -14 cg3'4 1 1/22 chi CGS $"i i 5-i'7"'18 $i92,889 Irrigation — Per Meter $11,571AIA e^^r+ ^^ fee Water Inspection Fee POMC 13.04.030(7) and 13.04.033(3) Per Meter $111.37 Connection POMC 13.04.033(1) Fees/Labor Installation Fees Ordinance No. OXX Page 2 of 10 Formatted: Not Highlight Page 21 of 201 Back to Agenda Ordinance No. OXX Page 3 of 10 Water Sewer Connection Fees 3/4" $1,113.73 1" $1,336.49 1-1/2" $1,670.61 2" $2,227.48 Larger Estimated case by case Water +p I ieme# POMC 13.04.035 A..s^ s ^ AMain Front Footage Charge Per Front Foot $111.37 SECTION 2. Port Orchard Municipal Code 13.04.030 is hereby amended to read as follows: 13.04.030 Water Capital Facility Charge (1) The water capital facility charge is designed to mitigate the impact of new demands on the existing water system and to require new users to pay their fair share of the value of the water system including, but not limited to, water supply, treatment, transmission, storage and distribution facilities. The water capital facility charge applies to new construction, changes in use, and building modifications which increase the total number of equivalent residential units (ERUs). An ERU is 180 gallons per day for nonresidential connections. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. Prior to connecting to the city's water system the property owner shall pay, in addition to other applicable charges, the applicable water capital facility charge. (a) The water capital facility charge for a residential connection is based on a set fee per ERU which is set forth in POMC 13.04.025. faeteF equal *^ ^^^ CD1. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit, or any other configuration. Page 22 of 201 Back to Agenda Ordinance No. OXX Page 4 of 10 (b) The water capital facility charge for a nonresidential connection is based on a set fee per ERU which is set forth in POMC 13.04.025.Sh 'I H^ A—n Met — ,;Pt fArt, onnnr -I A nn Wq (c) When a building contains a mix of uses (residential & non-residential) the water capital facility charge is based on a sum of (a) and (b) above. (d) Irrieation meters are chareed a set fee which is set forth in POMC 13.04.025. (ed) Legally established accessory uses (such as accessory dwelling units, family -day care, home occupation, or home business) to the Household Living land use code as defined in POMC 20.39.100, shall not be included in the CFC calculation provided that an accessory use meets the following criteria: (i) For accessory dwelling units, the accessory dwelling unit is less than 1,000 square feet in floor area and is served by the same water meter as the principal dwelling. (ii) The accessory use, if not an accessory dwelling unit, is expected to use less than 180 gallons of water per day. (dfe) o^,- o^,.^I„t;^., N , ccc Tthe ci'_; tFea&u;e+ public works director or designee is authorized to waive the connection fee of the water systems which do not impact the fire flow storage requirements of the city. All other fees, charges and expenses shall be paid as in accordance with this chapter. Examples of these connections are :rFigati^^ syst^r^c, fire protection systems, and relocating service lines which cross private property. (2) If, after connection of a nonresidential service, the actual water usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the water capital facility charge was paid, the property owner shall pay to the city an additional water capital facility charge based upon the new or expanded use. The additional water capital facility charge shall be based upon the charge rate in effect at the time the increase in use is requested and/or detected, whichever first occurs. (3) Water Capital Facility Charge — Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or full The fellewing exception applies tot the assessment of the water capital facility charge, provided -A qII fG �, elements of the belew listedfollowing requirements must be p-F�met to qualify for tla partial or full exception: (a) Property owners must submit an application for a partial or full exception on the City's application form; and Page 23 of 201 Back to Agenda Ordinance No. OXX Page 5 of 10 !1A nonresidential or residential account haves maintained a connection to the city's water system and paid a minimum base fee; ifas applicable applicable and �is paid the system; and (#c) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; and (ds) After the building improvements are completed, the total water usage for the ^ 6d— 4-account will be equal to or less than the ERU number calculated consistent with this sectionusage at the time ^f the original ^ ertion_; and SECTION 3. Port Orchard Municipal Code 13.04.035 is hereby amended to read as follows: 13.04.035 Water main'^^ On loe- ^f ^«e&&meMfront footage charge (1) Where all or a portion of the premises to be served has not been previously assessed or contributed its share towards the cost of installing a permanent main to serve such premises, the property dee-,; not A-Ydater , water service shall be provided upon payment of a water main fee -front footage charge as provided for in this section, in addition to the water capital facility charge set forth in POMC 13.04.030 and the connection fee set forth in POMC 13.04.033. (2) The water main fee -front footage charge shall be based on the frontage of the property served, as determined bythe public works director. Properties situated on corner lots abutting utility mains on two sides shall have the front footage charge computed by averaging the two sides. The fee charge shall be charged per front foot as set forth in POMC 13.04.025. (3) Water main f^^5;'^ "^-. ^f ,«^ s^,^^*front footage charges shall be charged on new accounts unless partially or fully exempted as explained below: (a) The property has previously paid its share of a local water main as part of a water local improvement district and there are records to verify this; or (b) The property has extended the local water main as required by the city and paid all costs associated with the extension; or Page 24 of 201 Back to Agenda Ordinance No. OXX Page 6 of 10 (c) The property has paid its equitable share of the cost of a previously installed local water main pursuant to a latecomer's agreement; or (d) The agreement for purchase and sale of assets of McCormick Water Company, Inc., waives the city fee in lieu of assessment forwater services. These are the services within McCormick Woods, Campus Station, Kenmore Court, and McCormick 620. (4) If a property owner requests an exemption as described above, the director of public works or designee shall make an administrative determination regardingthe applicability�a44d-amount of the exemption, and shall execute the agreement based on those determinations. The �'i-'^r's decision may be appealed to the hearing examiner. the date then eFty r,,,,, iests the e ptle.., (Ord. 020-15 § 6; Ord. 008-13 § 3; Ord. 027- 11 § 4; Ord. 013-08 § 5). SECTION 4. New Port Orchard Municipal Code 13.04.036 is hereby adopted to read as follows: 13.04.036 Water main agreement in lieu of assessment (1) Where all or a portion of the premises to be served does not abut a water main, water service may be provided upon execution of an Agreement for Water Main In Lieu of Assessment, whereby the property owner agrees to the following, among other terms set by the public works director, and performance of all obligations under the Agreement: (a) Property owner will Pay its share of a local water main as part of a water local improvement district; or (b) Property owner will extend the local water main as required bythe city and pay all costs associated with the extension; or (c) Property owner will pay its equitable share of the cost of an installed local water main pursuant to a latecomer's agreement or other agreement; or (d) Property owner will pay a Water Main Front Footage Fee (2) If a property owner requests an Agreement for Water Main In Lieu of Assessment as described above, the director of public works or designee shall make an administrative determination regarding the eligibility and terms for an agreement. The director's decision may Page 25 of 201 Back to Agenda Ordinance No. OXX Page 7 of 10 not be appealed. Approval of the agreement is the discretion of City Council. Th^ '',,,� orpr-ter'^^+^r's decision may net be appealed. SECTIONS. Port Orchard Municipal Code 13.04.040 is hereby amended to read as follows: 13.04.040 _Sewer Capital Facility Charge — Extension of Sewer (1) The sewer capital facility charge is designed to mitigate the impact of new demands on the existing sewer system and to require new users to pay their fair share of the value of the sanitary sewer system. The sewer capital facility charge applies to new construction, changes in use, and building modifications that increase the total number of equivalent residential units (ERUs). An ERU is 180 gallons per day for nonresidential connections. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit or any other configuration. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. (a) Sewer Capital Facility Charge — Exception for Redevelopment or Change of Use. Property owners may apply to receive a partial or full T. The felle in exception ap to the assessment of the sewer capital facility charge..-, provided Aall f^-,r elements of the belew- l+sted following requirements must be qfes�met to qualify for a partial or full t#e exception: (i) Property owners must submit an application for a partial or full exception on the Citv's application form: and Oil A nonresidential or residential account has maintained a connection to the city's sewer system and paid a minimum base fee, as applicable; and A „ sid^h+mgl .,.- .-^-;id^r+m;;l „.+ham.,., .... �..+�i...,.J �...1 r;id M ba the time the property connected to the eity's sewer system; (ii) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; (iii) After the building improvements are completed, the total sewer usage for the nnnrP,;0dPnt0al account will be equal to or less the ERU number calculated consistent with this section than the 6isage at the time- ^f the eriginal GanneGtin and Page 26 of 201 Back to Agenda Ordinance No. OXX Page 8 of 10 (b) Accessory uses (such as accessory dwelling units, family -day care, home occupation, or home business) to the Household Living land use code as defined in POMC 20.39.100, shall not be included in the CFC calculation provided that an accessory use meets the following criteria: (i) For accessory dwelling units, the accessory dwelling unit is less than 600 s1000 square feet in floor area and is served by the same water meter as the principal dwelling. (ii) The accessory use, if not an accessory dwelling unit, is expected to use less than 180 gallons of water per day. (2) The sewer capital facility charge consists of two components: the general facility fee (GFF) and the wastewater treatment facility fee (WTFF). The general facility fee and the wastewater treatment facility fees are set forth in POMC 13.04.025. The properties within Divisions 1 through 10, inclusively, of the McCormick Woods Land Company shall have a wastewater treatment fee which is set forth in POMC 13.04.025. SECTION 6. Port Orchard Municipal Code 13.04.080 is hereby ameRded to read as fellowsrepealed.a Page 27 of 201 Back to Agenda Ordinance No. OXX Page 9 of 10 A duplex weuld still be ehaFged tv.,A- eenReGtial; fees and AYE; m9Rthly rates and is Ret a siRgle SECTION 7. All previous Resolutions or portions thereof conflicting with the amendments set out in this Ordinance, including but not limited to Resolution No. 166, are hereby repealed. SECTION 8. 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. Page 28 of 201 Back to Agenda Ordinance No. OXX Page 10 of 10 SECTION 9. This ordinance shall be posted and published as required by law, and shall be effective and in full force five (5) days following publication. 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 27t" day of July, 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney Cindy Lucarelli, Councilmember Page 29 of 201 Back to Agenda rk ON Agenda Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7B Adoption of an Ordinance Approving a Contract with the Washington State Meeting Date: Prepared by: Department of Health for the Continuation Atty Routing No.: of the Well No. 11 Development, Atty Review Date Treatment & Booster Pump Station Project July 27, 2021 Mark Dorsey, P.E. Public Works Director 366922.0013 — Water July 17, 2021 Summary: On November 19, 2020, the City's Public Works Department applied for a $5M Drinking Water State Revolving Fund (DWSRF) Construction Loan through the Washington State Department of Health (DOH) for the continuation of the multi -phased Well No. 11 Development, Treatment and Booster Pump Station Project. On January 28, 2021, the DOH informed the City that it would not be receiving the Construction Loan funding but did advise the City to consider applying for a $500K Pre -Construction Loan. Subsequently, and upon the successful submittal of the loan application, the DOH has awarded the City of Port Orchard the following; • DOH Contract • Loan Amount: • City Share: • Loan Origination Fee • Loan Term: • Interest Rate: • Payment Month • Effective Date: • Project Completion Date 2021-3946 Pre -Construction Loan No: PCL26349 $510,000 $500,000 $10,000 10-years 0% October 1" Annually 7/27/2020 7/27/2023 The Well No. 11 Site Improvement Project was identified as a priority task for the Public Works Department, and acceptance of the loan and execution of the associated contract with DOH is necessary to continue this project. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Recommendation: Staff recommends that the City Council adopt Ordinance No. 021-21, thereby approving Contract No. C054-21 with the Washington State Department of Health and accepting a DWSRF Pre -Construction Loan in the amount $510,000 pursuant to the Terms and Conditions. Motion for Consideration: I move to adopt Ordinance No. 021-21, authorizing the Mayor to execute Contract No. C054-21 with the Washington State Department of Health and accepting a DWSRF Pre - Construction Loan in the amount $510,000. Page 30 of 201 Back to Agenda Staff Report 7B Page 2 of 2 Fiscal Impact: The 2021-2022 Biennial Budget appropriated $600K of REET 2 funding for the Well No. 11 Project. The City will fully utilize the City -share of the DWSRF $510K Preconstruction Loan first, followed by the REET 2 appropriation in order to pay for the 100% Design Phase 2. Alternative: Refuse Grant. Attachment: Ordinance No. 021-21, and DOH Contract: 2021-3946 Pre -Construction Loan No. PCL26349. Page 31 of 201 Back to Agenda ORDINANCE NO. 021-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE DRINKING WATER STATE REVOLVING FUND (DWSRF) WELL NO. 11 PRECONSTRUCTION LOAN (CONTRACT: 2021-3949, PRE - CONSTRUCTION LOAN NO. PCL26349), AS MANAGED BY THE WASHINGTON STATE DEPARTMENT OF HEALTH (DOH), AND APPROVING CONTRACT NO. C054-21 WITH THE DOH FOR THE CONTINUATION OF THE WELL NO. 11 DEVELOPMENT, TREATMENT AND BOOSTER PUMP STATION PROJECT; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, on November 19, 2020, the City's Public Works Department applied for a $5,000,000 Drinking Water State Revolving Fund (DWSRF) Construction Loan through the Washington State Department of Health (DOH) for the multi -phased Well No. 11 Development, Treatment and Booster Pump Station Project; and WHEREAS, on January 28, 2021, the City was informed that it would not be receiving Construction Loan funding, but that DOH suggested the City apply for a $500,000 Pre - construction Loan; and WHEREAS, on April 22, 2021, the DOH notified the City that they were awarded the $510,000 Pre -construction Loan (including a $10,000 Loan Origination Fee) for the continuation of the Well No. 11 Development, Treatment and Booster Pump Station Project; and WHEREAS, the City Council has determined it to be in the best interests of the City to accept the loan and enter into Contract No. C054-21 with the DOH for the continuation of the Well No. 11 Development, Treatment and Booster Pump Station Project; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Acceptance and Authorization. The City Council hereby accepts the Pre - construction Loan from the Department of Health and authorizes the Mayor to execute Contract No. C054-21 with the Washington State Department of Health (DOH) for the continuation of the Well No. 11 Development, Treatment and Booster Pump Station Project, and the City agrees to be bound by the terms and conditions thereof. SECTION 2. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Page 32 of 201 Back to Agenda Ordinance No. 021-21 Page 2 of 2 SECTION 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. 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 27t" day of July 2021. Robert Putaansuu, Mayor Ago] L[0s]13 Brandy Rinearson, MMC, City Clerk Cindy Lucarelli, Councilmember APPROVED AS TO FORM: Charlotte Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 33 of 201 July 1, 2021 Back to Agenda City of Port Orchard Jacki Brown, City Manager 216 Prospect Street Port Orchard, WA 98366 publicworks(a�_cityofportorchard.us RE: Loan Contract Number: PCL26349 Dear Jacki Brown; Washington State Department of *Heal th Enairon tnl Public Hl,dth Office of Drinking Wakr Enclosed is the Drinking Water State Revolving Fund Pre Construction Loan Contract Number identified above for your signature. The Loan Contract details the terms and conditions that will govern the agreement between us, which includes the project's Scope of Work and an Attorney's Certification as formal attachments. Failure to return the contracts within 60 calendar days of the date of this letter may result in your loan offer being withdrawn. You may sign electronically by following the instructions of the email. Note, if you're not the authorized signer do not forward, click on the delegated button in the email. Once signed the document will be sent back to DOH automatically. If you prefer, print and sign a hard copy, scan and return by email to dohcon.mgmt(@_doh.wa.gov or print and sign a hard copy, and return the originals to us for full execution. Please note that the U.S. Environmental Protection Agency is the funding source for this program and the Catalog of Federal Domestic Assistance (CFDA) number is 66.468. Consequently, the loan funds are federal and subject to both state and federal requirements. A non-refundable two -percent loan administration fee will be collected at contract execution, including any subsequent amendments where funds are added. The loan amount may be modified to include an amount sufficient to cover the one - percent loan administration fee. In most cases, the fee will be collected in full at contract execution. Please review the terms and conditions of the Loan Contract and all attachments carefully for details. A requirement of the DWSRF program is that you must maintain updated project records and yearly renewal of your registration in the System for Award Management at www.sam.gov. Another requirement of the DWSRF program is that all entities are required to verify that the federal government has not suspended or debarred them from receiving federal funds. This includes, but is not limited to, project contractors, subcontractors, engineers, architects, consultants, and equipment vendors. The Exclusion Report can be accessed at www.sam.gov. Failure to provide this required certification may result in termination of your loan contract. After the Loan Contracts have been signed by the Department or its designee, one fully executed original will be returned to you for your files. Instructions for drawing the loan funds will be returned to you with the executed Loan Contract, as well as the necessary forms. The Loan Contract specifies that draws may be made for costs that have been incurred within the contract period of performance, and which have supporting documentation such as receipts or bills. We are looking forward to working with you over the course of this project. If you have any questions about this Loan Contract, please contact me. Sincerely, Eloise Rudolph DOH Contract Manager 360-236-3124 Eloise. Rudolph@DOH.WA.GOV Enclosures: ATTACHMENT I: SCOPE OF WORK ATTACHMENT I: ATTORNEY'S CERTIFICATION ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Page 34 of 201 Back to Agenda Washington State Department of Health DWSRF Municipal Pre Construction Loan Boilerplate July 2019 City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Page 35 of 201 1. CONTRACT FACE SHEET 2021-3946 Pre -Construction Loan Number: PCL26349 Washington State Department of Health (DOH) Drinking Water State Revolving Fund (DWSRF) Municipal 1. Borrower 2. Borrower Doing Business As (optional) City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 3. Borrower Type 4. Borrower's Statutory Authority Pre Construction Loan 5. Borrower Contract Mana er Information 6. DOH Contract Manager Contact Name Phone # 360.876.4991 Eloise Rudolph Phone # 360.236.3124 Jacki Brown Utility Manager Email publicworks@cityofportorchard.us P.O. Box 47822 m Olympia, WA 98504-7822 y p Email Eloise. Rudol h DOH.WA.GOV 7. Project Name Port Orchard Well #11 Treatment and Booster Pump Design 8. Loan Amount $510,000.00 9. Funding Source 10. Start Date 11. End Date Amount: $510,000.00 Federal: ® State: ® DOE 10/1/2031 Loan Fee: $10,000.00 Other:❑ Interest Rate: 0% 12. Federal Funding Agency Environmental Protection Agency Catalogue of Federal Assistance (CFDA) Number 66.468 13. Borrower Tax ID # 14. Borrower 15. Borrower UBI # 16. Borrower DUNS # 91-6001487 Statewide Vendor # 182000005 081932790 0026566500 17. Contract Purpose DOH and the party identified above as Borrower, hereafter referred to as BORROWER, have entered into this contract to fund the project identified above that furthers the goals and objectives of the DOH DWSRF Program. The project will be done by the BORROWER as described in the scope of work and this contract. The rights and obligations of the parties are governed by this contract and the following documents incorporated by reference: General Terms and Conditions including Declarations; Attachment I: Scope of Work (Project); Attachment II Attorney's Certification; Attachment III: Federal and State Requirements; Attachment IV: Disadvantaged Business Enterprise Requirements; Attachment V: Certification Regarding Debarment, Suspension, and Other Responsibility Matters; Attachment VI: DWSRF Eligible Project Costs; and Attachment VII: Labor Standard Provisions for Subrecipients that are Governmental Entities. By the signature below, the parties acknowledge and accept the terms of this contract. FOR CONTRACTOR FOR DOH SIGNATURE and DATE SIGNATURE and DATE NAME AND TITLE NAME AND TITLE APPROVED AS TO FORM ONLY Bob Ferguson, Attorney General City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Page 36 of 201 Back to Agenda 2. DECLARATIONS 2.1 BORROWER INFORMATION Legal Name: City of Port Orchard Loan Number: PCL26349 Award Year: 2021 State Wide Vendor Number: 0026566500 2.2 PROJECT INFORMATION Project Title: Port Orchard Well #11 Treatment and Booster Pump Design Project Location (City or County): Port Orchard Project State: Washington Project Zip Code: 98366 Project Scope of Work (PROJECT) Attachment 1, attached hereto and incorporated by reference. 2.3 LOAN INFORMATION Loan Amount: Loan Fee (Included in loan amount if applicable) Loan Term: Interest Rate: Payment Month: Earliest Date for Preconstruction Reimbursement: Time of Performance $510,000 $10,000 10 years 0% October 111 Annually 12 months prior to contract execution 24 months from Contract execution date to Project Completion date. 2.4 SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT NA 2.5 LOAN SECURITY CONDITION GOVERNING THIS LOAN AGREEMENT Pursuant to RCW 35.51.050, the CONTRACTOR pledges to repay this loan from assessments collected from a Local Improvement District, Local Utility District or other similar special assessment district in which the improvements financed by this loan are located. The name of the special assessment district is City of Port Orchard. 2.6 Scope of Work Scope of Work: 1. Design and engineering services for equipping Well #11 to include new well house, pump, electrical, and controls. 2. Design and engineering services for new booster pump station, treatment, and finished water storage reservoir. 3. Completion of water system plan. 4. Cultural review, including preparation of documents to facilitate the cultural review. 5. Securing necessary permits for the project. City of Port Orchard Page 37 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda In addition, costs may include (but are not limited to): public involvement, fees, taxes, legal, administrative, and audit costs. Performance Measures: • Water System Plan to be reviewed and approved by Southwest Regional Office of Drinking Water. • All engineering reports and construction documents to be reviewed and approved by Southwest Regional Office of Drinking Water. • All cultural review documents to be reviewed and approved by DWSRF Cultural and Environmental Program Specialist. • Copies of final permits to be provided to DWSRF Contract Manager. 2021-3946 Port Orchard Well #11 Treatment and Booster Pump Design Project Costs by Cost Category: COST CATEGORY Engineering Report (Preliminary Engineering) Environmental Review Historical Review/Cultural Review Planning Document Permits Public Involvement/Information CURRENT ESTIMATES $164,807 $36,000 $6,416 $ $34,500 $4,336 Bid Documents (Design Engineering) $250,476 Asset Management DOH Review/Approval Fees $3,465 Other Fees (sales or use tax) Audit Costs: Other: Contingency Other: Other: TOTAL ESTIMATED PROJECT COSTS (before Loan Fee) 500 000 Loan Origination Fee (2%) 10 000 Irotal DWSRF Preconstruction Loan Amount qqw 510 000 City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 Page 38 of 201 (Municipal) Back to Agenda 2021-3946 Port Orchard Well #11 Treatment and Booster Pump Design Project Funding: TYPE OF FUNDING ISOURCE CURRENT STATU Grants and Other Non -Matching Funds Grant #1 Grant #2 Other Grants $ New Grants $ Total Grants and Other Non -Matching Funds a) Loans This Loan Request DWSRF Preconstruction Loan $510,000 Other Loan #1 Other Loan #2 Other Loans $ New Loans Total Loans $ b) $510,000 Local Revenue Nor - Source #1 Source #2 Other Local Revenue New Local Revenue Total Local Revenue c Other Fun s Other Funds $ Other Funds $ Total Other Funds d) $ e) JE19,000 City of Port Orchard PCL26349 Page 39 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda 2021-3946 Port Orchard Well #11 Treatment and Booster Pump Design Project Funding: TYPE OF FUNDING ISOURCE CURRENT STATUS Grants and Other Non -Matching Funds Grant #1 Grant #2 Other Grants $ New Grants $ Total Grants and Other Non -Matching Funds fl Loan This Loan Request DWSRF Preconstruction Loan $510,000 Other Loan #1 Other Loan #2 Other Loans $ New Loans $ Total Loans g) $510,000 Local Revenue Source #1 Source #2 Other Local Revenue New Local Revenue Total Local Revenue h) Other Funds Other Funds $ Other Funds $ Total Other Funds i) $ TOT'XL PROJECT FUNDING j) $510,000 City of Port Orchard PCL26349 Page 40 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Page 41 of 201 Back to Agenda TABLE OF CONTENTS CONTRACT TERMS AND CONDITIONS 1. DEFINITIONS............................................................................................................................................. 2. AUTHORITY............................................................................................................................................... 3. PURPOSE.................................................................................................................................................. 4. ORDER OF PRECEDENCE............................................................................................................................ 5. AMOUNT OF LOAN................................................................................................................................... 6. LOAN FEE.................................................................................................................................................. 7. TERM OF LOAN......................................................................................................................................... 8. RATE......................................................................................................................................................... 9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION................................................... 10. TIME OF PERFORMANCE........................................................................................................................... 11. PROJECT COMPLETION AMENDMENT AND THE PRE -CONSTRUCTION COMPLETION REPORT ....................... 12. REPAYMENT............................................................................................................................................. 13. DEFAULT IN REPAYMENT........................................................................................................................... 14. LOAN SECURITY........................................................................................................................................ 15. HISTORICAL AND CULTURAL ARTIFACTS..................................................................................................... 16. FEDERAL AND STATE REQUIREMENTS........................................................................................................ 17. COMPETITIVE BIDDING REQUIREMENTS.................................................................................................... 18. PAYMENT TO CONSULTANTS..................................................................................................................... 19. ELIGIBLE PROJECT COSTS........................................................................................................................... 20. PREVAILING WAGE.................................................................................................................................... 21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR)........................................................... 22. RECORDKEEPING AND ACCESS TO RECORDS.............................................................................................. 23. REPORTS................................................................................................................................................... 24. RECOGNITION OF EPA FUNDING................................................................................................................ 25. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS......................................................................... 26. NONDISCRIMINATION PROVISION............................................................................................................. 27. PROHIBITION STATEMENT......................................................................................................................... 28. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM.................................................................. 29. LITIGATION............................................................................................................................................... 30. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES.............................................................................. 31. SPECIAL CONDITIONS................................................................................................................................ 32. INVESTMENT GRADE AUDIT...................................................................................................................... 33. AMERICAN IRON AND STEEL...................................................................................................................... 34. ADMINISTRATIVE COST ALLOCATION......................................................................................................... 35. ALLOWABLE COSTS................................................................................................................................... 36. ALL WRITINGS CONTAINED HEREIN........................................................................................................... 37. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS............................................................... City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Page 42 of 201 Back to Agenda 38. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFRPART 35................................................................................................................................................... 39. APPROVAL................................................................................................................................................ 40. ATTORNEYS' FEES...................................................................................................................................... 41. AUDIT....................................................................................................................................................... 42. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION - PRIMARY AND LOWER TIER COVERED TRANSACTIONS..................................................................................... 43. CODE REQUIREMENTS............................................................................................................................... 44. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION............................................................................... 45. CONFORMANCE........................................................................................................................................ 46. COPYRIGHT PROVISIONS........................................................................................................................... 47. DISALLOWED COSTS.................................................................................................................................. 48. DISPUTES.................................................................................................................................................. 49. DUPLICATE PAYMENT............................................................................................................................... 50. ETHICS/CONFLICTS OF INTEREST................................................................................................................ 51. GOVERNING LAW AND VENUE.................................................................................................................. 52. INDEMNIFICATION.................................................................................................................................... 53. INDEPENDENT CAPACITY OF THE CONTRACTOR......................................................................................... 54. INDUSTRIAL INSURANCE COVERAGE.......................................................................................................... 55. LAWS........................................................................................................................................................ 56. LICENSING, ACCREDITATION AND REGISTRATION...................................................................................... 57. LIMITATION OF AUTHORITY...................................................................................................................... 58. LOCAL PUBLIC TRANSPORATION COORDINATION...................................................................................... 59. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES............................................................................... 60. POLITICAL ACTIVITIES................................................................................................................................ 61. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS............................................................ 62. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISION................................................................... 63. PUBLICITY................................................................................................................................................. 64. RECAPTURE.............................................................................................................................................. 65. REGISTRATION WITH DEPARTMENT OF REVENUE...................................................................................... 66. RIGHT OF INSPECTION............................................................................................................................... 67. SAVINGS................................................................................................................................................... 68. SEVERABILITY........................................................................................................................................... 69. SUBCONTRACTING.................................................................................................................................... 70. SURVIVAL................................................................................................................................................. 71. TAXES....................................................................................................................................................... 72. TERMINATION FOR CAUSE/SUSPENSION................................................................................................... 73. TERMINATION FOR CONVENIENCE............................................................................................................ 74. CONFLICT OF INTEREST............................................................................................................................. 75. TERMINATION PROCEDURES..................................................................................................................... 76. WAIVER.................................................................................................................................................... 77. WORK HOURS AND SAFETY STANDARDS................................................................................................... City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Page 43 of 201 Back to Agenda ATTACHMENT I: ATTORNEY'S CERTIFICATION ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS 1. ENVIRONMENTAL AUTHORITIES................................................................................................................ 2. ECONOMIC AND MISCELLANEOUS AUTHORITIES....................................................................................... 3. SOCIAL POLICY AUTHORITIES..................................................................................................................... 4. STATE LAWS............................................................................................................................................. ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 1. GENERAL COMPLIANCE, 40 CFR, PART 33................................................................................................... 2. FAIR SHARE OBJECTIVES, 40 CFR, PART 33, SUBPART D.............................................................................. 3. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C............................................................................ 4. MBE/WBE REPORTING, 40 CFR, PART 33, SECTIONS33.502 AND 33.503...................................................... 5. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, SECTION 33.302......................................................... 6. BIDDERS LIST, 40 CFR, SECTION 33.501(b) AND(C)...................................................................................... ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES City of Port Orchard DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Page 44 of 201 Back to Agenda 3. GENERAL TERMS AND CONDITIONS DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) 1. DEFINITIONS As used throughout this Contract, the following terms shall have the meaning set forth below: 1.1. "Authorized Representative" shall mean the DOH ODW Director and/or the designee authorized in writing to act on the Director's behalf. 1.2. AWARD YEAR shall mean the calendar year in which the funds were awarded to the Department for use in making loans under this program. 1.3. "Contract" shall mean this Drinking Water State Revolving Fund Loan. 1.4. "Contractor" shall mean the entity identified on the face sheet performing service(s) under this Contract, and shall include all employees and agents of the Contractor. 1.5. The "Contract End Date" shall mean the date the contract expires. This date shall occur in the final year of the LOAN TERM unless otherwise amended, as counted from the AWARD YEAR. The actual date of contract execution shall have no effect on the Contract End Date. 1.6. "Department" and "DOH" shall mean the Washington State Department of Health, Office of Drinking Water, who is the recipient of the Drinking Water State Revolving Fund grant and regulates drinking water systems in the State of Washington. 1.7. "Iron and steel products" are the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials. 1.8. "Lender" shall mean the Washington State Department of Health 1.9. "Modified Total Direct Costs (MTDC)" shall mean all direct salaries and wages, applicable fringe benefits, materials and supplies, services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of the subawards under the award). MTDC excludes equipment, capital expenditures, charges for patient care, rental costs, tuition remission, scholarships and fellowships, participant support costs and the portion of each subaward in excess of $25,000. 1.10. "Payment Month" shall mean the day and month of the year in which payments are due. 1.11. "Personal Information" shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, other identifying numbers, and any financial identifiers. 1.12. "Pre -Construction" shall include planning, engineering, and project design necessary to a drinking water infrastructure project. 1.13. "State" shall mean the state of Washington. 1.14. "Subcontractor" shall mean one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 2. AUTHORITY Acting under the authority of RCW 70.119A.170 and RCW 43.155.040, the Department has awarded the Contractor a Drinking Water State Revolving Fund loan for an approved project. The Contractor will be a sub -recipient of funds provided by the United States Environmental Protection Agency, CFDA Number 66.468, Title: Safe Drinking Water State Revolving Fund, award year of this contract. City of Port Orchard Page 45 of 201 DWSRF NT Pre Construction Loan Template PCL26349 (Municipal) Back to Agenda 3. PURPOSE The Department and the Contractor have entered into this Contract to undertake a local project that furthers the goals and objectives of the Drinking Water State Revolving Fund Loan Program. The project will be undertaken by the Contractor and will include the activities described in the SCOPE OF WORK shown on the Declarations page. The project must be undertaken in accordance with the loan Program Special Terms and Conditions and all applicable federal, state and local laws and ordinances, including but not limited to those specifically enumerated in Attachment II: Federal and State Requirements, which by this reference are incorporated into this Contract as though set forth fully herein. 4. ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, the inconsistency shall be resolved by giving precedence in the following order: • Applicable federal and State of Washington statutes and regulations. • Special Terms and Conditions including attachments. • Contract Terms and Conditions. 5. AMOUNT OF LOAN The Department, using funds appropriated from the Drinking Water Assistance Account, shall loan the Contractor a sum not to exceed the amount shown as LOAN AMOUNT on the attached Declarations Page. This loan amount includes a loan fee, if applicable, which is shown on the Declarations Page as LOAN FEE. 6. LOAN FEE If the loan fee applies, it will be assessed at loan execution, including loan funds added via amendment to this contract. The amount of the loan fee (if applicable) represents one percent (1 %) of the loan request and shall not be reduced, regardless of the actual final loan amount at project completion. If the loan fee applies and the total loan amount is increased by amendment, an additional loan fee equal to one percent (1 %) of the additional loan amount will be assessed at amendment execution. The amount of any loan fee will be displayed on the Declarations Page as LOAN FEE. 7. TERM OF LOAN Unless otherwise amended, the term of the loan shall not exceed the period shown on the Declarations Page as LOAN TERM. Except as herein provided, under no circumstances shall the loan repayment period exceed 6 years from the contract execution year. 8. INTEREST RATE The interest rate shall be the declared INTEREST RATE (declarations) per annum on the outstanding principal balance, based on a three hundred and sixty (360) day year composed of twelve (12) thirty (30) day months. 9. DISBURSEMENT OF LOAN PROCEEDS AND REQUIRED DOCUMENTATION If funding or appropriation is not available at the time the Contractor submits a request for a loan disbursement, the issuance of a warrant will be delayed or suspended until such time funds become available. Subject to availability of funds, warrants shall be issued to the Contractor for payment of allowable expenses incurred by the Contractor while undertaking and administering approved project activities in accordance with the declared SCOPE OF WORK. The loan funds will be disbursed to the Contractor as follows: 9.1. Ten percent (10%) of loan proceeds will be held until project completion. The total Drinking Water State Revolving Fund Loan shall not exceed one hundred percent (100%) of the actual eligible project costs. 9.2. When requesting reimbursement for costs incurred, the Contractor shall submit a signed and completed Invoice Voucher (Form A19), referencing the declared SCOPE OF WORK project activity performed, and any appropriate documentation such as bills, invoices, and receipts. The purchase of any land necessary and integral to the project must be included in the declared SCOPE OF WORK and be documented with an appraisal or other market valuation and a valid purchase and sale agreement. The Invoice Voucher must be certified by an official of the Contractor with authority to bind the Contractor. City of Port Orchard Page 46 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda 9.3. Each Al Reimbursement Voucher must be accompanied by a Project Status Report, which describes, in narrative form, the progress made on the project since the last invoice was submitted, as well as a report of project status to date. The Department of Health (DOH) will not release payment for any reimbursement request received until the Project Status Report is received. After approving the Voucher and the Project Status Report, DOH shall promptly release funds to the Contractor. 9.4. Pre -construction expenses incurred after the date shown as EARLIEST DATE FOR CONSTRUCTION REIMBURSEMENT on the Declarations Page are eligible for reimbursement. Requests for reimbursements for costs related to construction activities will not be accepted until the Contractor has met the following conditions: • Issued a Notice to Proceed which follows the formal award of a construction contract; • Completed the State Environmental Review Process; • Complied with all provisions of Section 106 of the National Historic Preservation Act of 1966; • Complied with Section 20: Prevailing Wage; • Obtained approval from the Department of Health of the project report and related documents for all applicable activities described in the declared SCOPE OF WORK; and • Complied with any other loan conditions required by Department of Health. An electronic copy (emailed PDF or a FAX) of a signed A19 Reimbursement Voucher and other required documentation is the preferred method for requesting reimbursement. Submit the electronic requests to your DOH Loan Officer or fax to 360-236-2252. This electronic submittal may be 25 pages or less. If you choose to send your vouchers and backup documentation electronically, please DO NOT mail in the original. You will receive email notification from your DOH Loan Officer that the electronic request has been received. DOH will pay the Contractor upon acceptance of the work performed and receipt of properly completed invoices. Invoices may be submitted to DOH not more often than monthly. Payment shall be considered timely if made by DOH within thirty (30) calendar days after receipt of properly completed invoices. Payment shall be sent to the address designated by the Contractor. The Department may, at its sole discretion, withhold payments claimed by the Contractor for services rendered if the Contractor fails to satisfactorily comply with any term or condition of this contract. No payments in advance or in anticipation of services or supplies to be provided under this contract shall be made by the Department. In the event that the Contractor receives reimbursement for costs that are later determined by the Department to be ineligible, these funds shall be repaid to the Drinking Water Assistance Account by payment to the Department of Health, or its successor, together with the submission of the Project Completion Amendment. At the time of project completion, the Contractor shall submit to the Department a Pre -Construction Completion Report certifying the total actual project costs, and a final voucher for any remaining eligible funds. 10. TIME OF PERFORMANCE The Contractor shall begin the activities identified within the declared SCOPE OF WORK no later than thirty (30) days after Contract execution. The Contractor must reach project completion within the period specified on the Declarations Page as TIME OF PERFORMANCE. Failure to meet Time of Performance within the time frame described in this section shall constitute default under this Contract, and as a result, this Contract may be terminated. In the event of extenuating circumstances, the Contractor may request, in writing, at least 90 days prior to the expiration of project completion date that the Department extend the deadline for project completion. The Department may extend the time of project completion. 11. PROJECT COMPLETION AMENDMENT AND THE PRE -CONSTRUCTION COMPLETION REPORT The Contractor shall initiate a Project Completion Amendment by submitting a Pre -Construction Completion Report when activities identified in the declared SCOPE OF WORK are complete and the Contractor agrees that no additional eligible costs will be reimbursed. In the Project Completion Amendment, the Contractor will provide the following information to the Department: City of Port Orchard Page 47 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda • A certified statement of the actual dollar amounts spent, from all fund sources, in completing the project as described in the declared SCOPE OF WORK. • Certification that all costs associated with the project have been incurred. Costs are incurred when goods and services are received and/or contract work is performed. • A copy of the Department of Health Pre Construction Completion Report as submitted to Department of Health. • Evidence documenting compliance with audit requirements as referenced in Section 44. • A final voucher for the remaining eligible funds. The Project Completion Amendment shall serve as an amendment to this Contract determining the final loan amount and term of the loan. 12. REPAYMENT An assistance recipient begins annual repayment of the loan no later than one year after contract execution. The first repayment installment is due on the first day of the month shown as PAYMENT MONTH on the Declarations Page. Interest only will be charged for this first payment if a draw is made prior to this date. All subsequent payments shall consist of principal and accrued interest due that month of each year during the remaining term of the loan. Repayment of the loan under this Contract shall include the declared INTEREST RATE per annum. Interest will begin to accrue from the date each payment is issued to the Contractor. The final payment shall be on or before the completion of the declared LOAN TERM, payable on or before the declared PAYMENT MONTH of an amount sufficient to bring the loan balance to zero. The Contractor has the right to repay the unpaid balance of the loan in full at any time or make accelerated payments without penalty. The Contractor will repay the loan in accordance with the preceding conditions through the use of a check, money order, or equivalent means made payable to the Washington State Department of DOH, or its successor. 13. DEFAULT IN REPAYMENT Loan repayments shall be made in accordance with Section 12 of this Contract. A payment not received within thirty (30) days of the due date shall be declared delinquent. Delinquent payments shall be assessed a monthly penalty beginning on the first (1 st) day past the due date. The penalty will be one percent (1 %) per month or twelve percent (12%) per annum of the delinquent payment amount. These same penalty terms shall apply if the repayment of loan funds determined to be ineligible costs are not repaid within thirty (30).days. The Contractor acknowledges and agrees to the Department's right, upon delinquency in the payment of any annual installment, to notify any other entity, creditors, or potential creditors of the Contractor of such delinquency. Contractor shall be responsible for all legal fees incurred by the Department in any action undertaken to enforce its rights under this section. 14. LOAN SECURITY Loan Security may be required as a performance condition of this contract. If such performance condition is required it shall be indicated on the attached Declarations Page and identified therein as LOAN SECURITY CONDITION. The Department grants the Contractor the right to issue future bonds and notes that constitute a lien and charge on the revenue source superior to the lien and charge of this Loan Contract. Nothing in this section shall absolve the Contractor of its obligation to make loan repayments when due, and to adjust rates, fees, or surcharges, if necessary, to meet its obligations under this Contract. 15. HISTORICAL AND CULTURAL ARTIFACTS The Contractor acknowledges that any construction activities necessary to complete the activities funded by this contract are subject to Section 106 of the National Historic Preservation Act of 1966. Contractor agrees that Contractor is legally and financially responsible for compliance with all laws, regulations, and agreements related to the preservation of historical or cultural artifacts and agrees to hold harmless the State of Washington in relation to any claim related to such historical or cultural artifacts discovered, disturbed, or damaged as a result of Contractor's public works project funded under this Contract. City of Port Orchard Page 48 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda The Contractor shall not conduct or authorize destructive project planning activities before completing compliance with Section 106 of the National Historic Preservation Act of 1966, as amended. In addition, the Contractor agrees that no construction activities, ground disturbance, or excavation of any sort will begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966, as amended. If historical or cultural artifacts are discovered during destructive project planning activities or construction, the Contractor shall immediately stop the activity and implement reasonable measures to protect the discovery site from further disturbance, take reasonable steps to ensure confidentiality of the discovery site, restrict access to the site, and notify the concerned tribe's cultural staff or committee, Tribal Historical Preservation Officer (THPO), the Washington State Department of Health project manager, and the State's Historical Preservation Officer (SHPO) at the Washington State Department of Archaeology and Historic Preservation (DAHP). If human remains are uncovered, the Contractor shall report the presence and location of the remains to the coroner and local enforcement immediately, then contact the concerned tribe's cultural staff or committee and DAHP. The Contractor shall require the above provisions to be contained in all contracts for work or services related to the declared SCOPE OF WORK. In no case shall construction activities begin until the Contractor has complied with all provisions of Section 106 of the National Historic Preservation Act of 1966. In addition to the requirements set forth in this Contract, the Contractor agrees to comply with Native American Graves Protection and Repatriation Act, Archaeological Resources Protection Act, Revised Code of Washington (RCW) 27.44 regarding Indian Graves and Records; RCW 27.53 regarding Archaeological Sites and Resources; RCW 68.60 regarding Abandoned and Historic Cemeteries and Historic Graves; and Washington Administrative Code (WAC) 25-48 regarding Archaeological Excavation and Removal Permits. 16. FEDERAL AND STATE REQUIREMENTS The Contractor assures compliance with all applicable federal, state and local laws, requirements, and ordinances as they pertain to the design, implementation, and administration of the approved project, including but not limited to those listed in Attachments II, III, and IV. 17. COMPETITIVE BIDDING REQUIREMENTS Pursuant to 40 CFR, Section 33.501(b) and (c), the Contractor also agrees to create and maintain a bidders list for both Disadvantaged Business Enterprises (DBE) and Non -Disadvantaged Business Enterprises (non -DBE). The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of DBE and non -DBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote subcontracts on Environmental Protection Agency assisted projects, including both DBE and non -DBE. The bidders list must be kept at least until the grant project period has expired and the recipient is no longer receiving Environmental Protection Agency funding under the grant. For entities receiving identified loans, the bidders list must only be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: entity's name with point of contact; entity's mailing address, telephone number, and e-mail address; the procurement on which the entity bid or quoted, and when; and, entity's status as a DBE or non -DBE. The Contractor agrees to provide Environmental Protection Agency Form 6100-2 DBE Subcontractor Participation and Environmental Protection Agency Form 6100-3 DBE Subcontractor Performance to all its Disadvantaged Business Enterprise subcontractors. The Contractor shall require Disadvantaged Business Enterprise provisions are contained in all contracts with any subcontractors for work or services related to the declared SCOPE OF WORK. 18. PAYMENT TO CONSULTANTS EPA participation in the salary rate (excluding overhead) paid to individual consultants retained by recipients or by a recipient's contractors or subcontractors shall be limited to the maximum daily rate for Level IV of the Executive Schedule (formerly GS-18), to be adjusted annually. This limit applies to consultation services of designated individuals with specialized skills who are paid at a daily or hourly rate. This rate does not include transportation and subsistence costs for travel performed (the recipient will pay these in accordance with their normal travel reimbursement practices). City of Port Orchard Page 49 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda Subagreements with firms for services which are awarded using the procurement requirements in 40 CFR Parts 30 or 31, are not affected by this limitation unless the terms of the contract provide the recipient with responsibility for the selection, direction, and control of the individuals who will be providing services under the contract at an hourly or daily rate of compensation. See 40 CFR 30.27(b) or 40 CFR 31.360), as applicable, for additional information. Contractor may find the annual salary for Level IV of the Executive Schedule on the following Internet site: http://www.opm.gov/oca. Select "Salary and Wages," and select "Rates of Pay for the Executive Schedule" is annual salary divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. As of January 1, 2019, the limit is $638.24 per day $79.78 per hour. NOTE: For future years' limits, the recipient may find the annual salary for Level IV of the Executive Schedule on the following Internet site: https://www.opm.gov/policy-data-oversight/pay-leave/. Select "Salary and Wages", and select "Rates of Pay for the Executive Schedule." The annual salary is divided by 2087 hours to determine the maximum hourly rate, which is then multiplied by 8 to determine the maximum daily rate. 19. ELIGIBLE PROJECT COSTS The Contractor assures compliance with Attachment V: DWSRF Eligible Project Costs, which identifies eligible costs for projects funded by Drinking Water State Revolving Fund loans. 20. PREVAILING WAGE All contractors and subcontractors performing work on a construction project funded through this Contract shall comply with prevailing wage laws by paying the higher of state or federal prevailing wages according to: • State Prevailing Wages on Public Works, Chapter 39.12 RCW, as applicable to the Project funded by this contract, including but not limited to the filing of the "Statement of Intent to Pay Prevailing Wages" and "Affidavit of Wages Paid" as required by RCW 39.12.040. The Contractor shall maintain records sufficient to evidence compliance with Chapter 39.12 RCW, and shall make such records available for Department's review upon request; or, • The Davis Bacon Act, 40 USC 276a-276a-5 and related federal acts provide that all laborers and mechanics employed by contractors or subcontractors in the performance shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor. The Contractor agrees that the Contractor is legally and financially responsible for compliance with the prevailing wage requirements. Contractor is advised to consult the United States Department of Labor and Washington State Department of Labor and Industries websites to determine the federal and State prevailing wages that must be paid. The Contractor shall ensure that all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK shall insert in full, in any contract, the labor standards provisions listed in Attachment VI: Labor Standard Provisions for Subrecipients That Are Governmental Entities. Contractor shall report to the Department and/or the Department of Health that this requirement has been met as stated in this Contract. 21. REGISTRATION WITH CENTRAL CONTRACTOR REGISTRATION (CCR) By signing this Contract, the Contractor accepts the requirements stated in 48 CFR 52.204-7 to register with the Central Contractor Registration (CCR) database at the System for Awards Management (SAM) website. To register in SAM, a valid Data Universal Numbering System (DUNS) Number is required. The Contractor is responsible for the accuracy and completeness of the data within the SAM database and for any liability resulting from the Government's reliance on inaccurate or incomplete data. The Contractor must remain registered in the SAM database after the initial registration. The Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in SAM to ensure it is current, accurate and complete. The Contractor shall provide evidence documenting registration and renewal of SAM registration to the Department. In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above, the Department reserves the right to suspend payment until the Contractor cures this noncompliance. 22. RECORDKEEPING AND ACCESS TO RECORDS The Department, the Department's agents, and duly authorized officials of the state and federal governments shall have full access and the right to examine, copy, excerpt, or transcribe any pertinent documents, papers, records, and books of City of Port Orchard Page 50 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda the Contractor and of persons, firms, or organizations with which the Contractor may contract, involving transactions related to this project and this Contract. The Contractor shall maintain all books, records, documents, data and other evidence relating to this Contract and performance of the services described herein, including but not limited to accounting procedures and practices which sufficiently and properly reflect all direct and indirect costs of any nature expended in the performance of this Contract. Contractor shall retain such records for a period of six years following the date of final payment. The Contractor agrees to retain these records for a period of six (6) years from the date that the debt is retired. This includes but is not limited to financial reports. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved. If any litigation, claim or audit is started before the expiration of the six (6) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been finally resolved. 23. REPORTS The Contractor, at such times and on such forms as the Department may require, shall furnish the Department with such periodic reports as it may request pertaining to the activities undertaken pursuant to this Contract including, but not limited to: • Prevailing Wage decisions and/or changes • Disadvantaged Business Enterprises utilization • Project Status Reports with each Invoice Voucher • Pre -Construction Completion Report at project completion (as described in Section 11) • Other reports as the Department may require In the event of the Contractor's noncompliance or refusal to comply with the requirement stated above, the Department reserves the right to suspend payment until the Contractor cures this noncompliance. 24. RECOGNITION OF EPA FUNDING Reports, documents, signage, videos, or other media, developed as part of projects funded by this assistance agreement shall contain the following statement: "This project has been funded wholly or in part by the United States Environmental Protection Agency. The contents of this document do not necessarily reflect the views and policies of the Environmental Protection Agency, nor does mention of trade names or commercial products constitute endorsement or recommendation for use. 25. DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS As mandated by the Environmental Protection Agency, the Contractor agrees to comply with the requirements of the Environmental Protection Agency's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under this Contract. The Contractor is required to follow the requirements identified in Attachment III: Disadvantaged Business Enterprise Requirements. By signing this Contract, the Contractor accepts the applicable MBE/WBE fair share objectives/goals negotiated with Environmental Protection Agency by the Washington State Office of Minority and Women's Business Enterprises. The Contractor attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as Washington State Office of Minority and Women's Business Enterprises. The goals for the utilization of disadvantaged businesses are stated in Attachment III: Disadvantaged Business Enterprise Requirements. The Contractor is required to furnish the Department of Health with such periodic reports as the Department may request pertaining to the utilization of disadvantaged businesses. 26. NONDISCRIMINATION PROVISION During the performance of this contract, the Contractor shall comply with all federal and state nondiscrimination laws, including, but not limited to Chapter 49.60 RCW, Washington's Law Against Discrimination, and 42 USC 12101 et seq, the Americans with Disabilities Act (ADA). City of Port Orchard Page 51 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda In the event of the Contractor's noncompliance or refusal to comply with any applicable nondiscrimination law, regulation, or policy, this contract may be rescinded, canceled, or terminated in whole or in part, and the Contractor may be declared ineligible for further contracts with the Department. The Contractor shall, however, be given a reasonable time in which to cure this noncompliance. The Contractor must also include the following terms and conditions in contracts with all contractors, subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK: • "The Contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this Contract. The Contractor shall carry out applicable requirements of 40 CFR Part 33 in the award and administration of contracts awarded under Environmental Protection Agency financial agreements. Failure by the Contractor to carry out these requirements is a material breach of this Contract which may result in termination of this Contract." 27. PROHIBITION STATEMENT Pursuant to Section 106 of the Trafficking Victims Protection Act of 2000, as amended, the Contractor 's contractors, subcontractors, engineers, vendors, and any other entity shall comply with and include the following terms and conditions in all contracts for work or services listed in the declared SCOPE OF WORK: • "All forms of trafficking in persons, illegal sex trade, or forced labor practices are prohibited in the performance of this award or subawards under the award, or in any manner during the period of time that the award is in effect. This prohibition applies to you as the recipient, your employees, subrecipients under this award, and subrecipients' employees." If any term of this section is violated, this contract may be terminated. 28. FALSE, INCORRECT, OR INCOMPLETE INFORMATION OR CLAIM The Contractor warrants that the Contractor neither has submitted nor shall submit any information that is materially false, incorrect, or incomplete to the Department. The Contractor is advised that providing false, fictitious, or misleading information with respect to the receipt and disbursements of Environmental Protection Agency funds is basis for criminal, civil, or administrative fines and/or penalties. 29. LITIGATION The Contractor warrants that there is no threatened or pending litigation, investigation, or legal action before any court, arbitrator, or administrative agency that, if adversely determined, would have a materially adverse effect on the Contractor's ability to repay the loan. 30. ESTABLISHMENT OF ADEQUATE RATES AND RESERVES The Contractor agrees to provide a resolution adopting rate increases, capital assessments, or both, for the services of the system that shall be sufficient to provide funds which, along with other revenues of the system, will pay all operating expenses and debt repayments during the term of the loan. In addition, the Contractor shall create, fund, and maintain reserves at least as required by the Water System Plan or Small Water System Management Plan. The Department reserves the right, at any time, to request proof of compliance of these requirements from the Contractor. 31. SPECIAL CONDITIONS If SPECIAL CONDITIONS are listed on the Contract Declarations Page then these conditions are herein incorporated as part of the terms and requirements of this contract. 32. INVESTMENT GRADE AUDIT For projects involving repair, replacement, or improvement of a wastewater treatment plant, or other public works facility for which energy efficiency is obtainable, Contractor must undertake an investment grade audit per ESHB 1497. Costs incurred as part of the investment grade audit are eligible project costs. 33. AMERICAN IRON AND STEEL None of the funds made available to the Contractor shall be used for a project for the construction, alteration, maintenance, or repair of a public water system or treatment works unless all of the iron and steel products used in the project are produced in the United States. This requirement applies to the entire project receiving a loan City of Port Orchard Page 52 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda agreement executed after January 17, 2014. Buy American does not apply to a project if the Department of Health approves the engineering plans and specifications for the project, in that agency's capacity to approve such plans and specifications prior to a project requesting bids, prior to January 17, 2014. Waiver of the Buy American requirement may be considered if: 1) compliance would be inconsistent with the public interest; or 2) the particular iron and steel products are not produced in the United States in sufficient and reasonably available quantities and/or the particular iron and steel products are not of a satisfactory quality; or 3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent. For consideration, a request for a waiver must be submitted to the Environmental Protection Agency (EPA). Contractors shall submit the waiver request to DOH, which will then submit the request to EPA. EPA will post the waiver request and any other information available to EPA concerning the waiver request, on EPA's public Internet website and allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The full text of the American Iron and Steel requirements appear at H.R. 3547, Consolidated Appropriations Act, 2014. 34. ADMINISTRATIVE COST ALLOCATION Administrative costs that may be allowed are set forth in the Special Terms and Conditions. Administrative services shared by other programs shall be assigned to this Contract based on an allocation plan that reflects allowable administrative costs that support services provided under each Contract administered by the Contractor. An approved current federal indirect cost rate may be applied up to the maximum administrative budget allowed. 35. ALLOWABLE COSTS Costs allowable under this Contract are actual expenditures according to an approved budget up to the maximum amount stated on the Contract Award or Amendment Face Sheet. 36. ALL WRITINGS CONTAINED HEREIN This Contract contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 37. AMENDMENTS, MODIFICATIONS, ASSIGNMENTS, AND WAIVERS Amendments, modifications, assignments, and waivers to any of the terms of this contract supersede those terms as found in the original contract. The Contractor may request an amendment of this Contract for the purpose of modifying the declared SCOPE OF WORK or for extending the time of performance as provided for in Section 10. Any revision to the SCOPE OF WORK or location of the project must be approved by the Department of Health. No modification or amendment resulting in an extension of time shall take effect until a request has been received and approved by the Department in accordance with Section 1.10. During the term of this loan, any change in ownership of the water system(s) improved with funds received by the Contractor under this Contract must be approved in writing by the Department. As a condition of approval, the Department reserves the right to demand payment in full of the outstanding principal balance of the loan. No conditions or provisions of this Contract may be waived unless approved by the Department in writing. No waiver of any default or breach by any party shall be implied from any failure to take action upon such default or breach if the default of breach persists or repeats. Neither this Contract, nor any claim arising under this Contract, shall be transferred or assigned by the Contractor without prior written consent of the Department. 38. AMERICANS WITH DISABILITIES ACT (ADA) OF 1990, PUBLIC LAW 101-336, ALSO REFERRED TO AS THE "ADA" 28 CFR PART 35 The Contractor must comply with the ADA, which provides comprehensive civil rights protection to individuals with disabilities in the areas of employment, public accommodations, state and local government services, and telecommunications. City of Port Orchard Page 53 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda 39. APPROVAL This contract shall be subject to the written approval of the Department's Authorized Representative and shall not be binding until so approved. The contract may be altered, amended, or waived only by a written amendment executed by both parties. 40. ATTORNEYS' FEES Unless expressly permitted under another provision of the Contract, in the event of litigation or other action brought to enforce Contract terms, each party agrees to bear its own attorney's fees and costs. 41. AUDIT The Department reserves the right to require an audit of this project. The Contractor is responsible for correcting any audit findings. The Contractor agrees to refund to the Department all disallowed costs resulting from the audit. Audit costs are allowable expenses within this Contract. Municiaal and Not -For -Profit entities: Audits of the Contractor's project activities may be conducted by the State Auditor Office (SAO). Audit costs are eligible project costs. The Contractor shall maintain its records and accounts so as to facilitate the audit requirements of the Department or its successor. The Contractor is responsible for any audit findings incurred by its own organization. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. For audits of fiscal years beginning after December 26, 2014, Contractors expending $750,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR §200.501 — Audit Requirements." For audits of fiscal years beginning prior to December 26, 2014, Contractors expending $500,000 or more in any fiscal year in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with existing Federal audit requirements. For -Profit entities: Audits must include a report on the internal control related to the federal program, which should describe the scope of testing of the internal control and the results of the tests. The audit also must include a report on compliance, which includes an opinion (or disclaimer of opinion) on whether the auditee complied with laws, regulations and the provisions of the award agreement that could have a direct and material effect on the federal program. The Contractor must send a copy of any required audit Reporting Package as described in existing Federal audit requirements for audits of fiscal years beginning prior to December 26, 2014, or 2 CFR §200.512 — Report Submission, for audits of fiscal years beginning after December 26, 2014, no later than nine (9) months after the end of the Contractor's fiscal year(s) to: Department of Health Office of Drinking Water ATTN: Drinking Water State Revolving Fund 243 Israel Road SE Olympia, WA 98504 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Department. • Copy of the Management Letter. Contractors are to procure audit services based on the following guidelines. The Contractor shall maintain its records and accounts so as to facilitate the audit requirement and shall ensure that Subcontractors also maintain auditable records. The Contractor is responsible for any audit exceptions incurred by its own organization or that of its Subcontractors. The Department reserves the right to recover from the Contractor all disallowed costs resulting from the audit. City of Port Orchard Page 54 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda As applicable, Contractors required to have an audit must ensure the audits are performed in accordance with Generally Accepted Auditing Standards (GAAS); Government Auditing Standards (the Revised Yellow Book) developed by the Comptroller General. Responses to any unresolved management findings and disallowed or questioned costs shall be included with the audit report. The Contractor must respond to the Department requests for information or corrective action concerning audit issues within thirty (30) days of the date of request. • FEDERAL FUNDS REQUIREMENTS — 2 CFR 200 AUDITS OF STATES, LOCAL GOVERNMENTS AND NON-PROFIT ORGANIZATIONS Grantees expending $750,000 or more in a fiscal year (that begins after December 26, 2014) in federal funds from all sources, direct and indirect, are required to have an audit conducted in accordance with 2 CFR Part 200. For fiscal years beginning prior to December 26, 2014, Grantees are required to have an audit conducted in accordance with Federal audit requirements. When state funds are also to be paid under this Agreement a Schedule of State Financial Assistance as well as the required schedule of Federal Expenditure must be included. Both schedules include: • Grantor agency name • Federal agency • Federal program name • Other identifying contract numbers • Catalog of Federal Domestic Assistance (CFDA) number (if applicable) • Grantor contract number • Total award amount including amendments (total grant award) • Current year expenditures If the Contractor is a state or local government entity, the Office of the State Auditor shall conduct the audit. Audits of non-profit organizations are to be conducted by a certified public accountant selected by the Contractor in accordance with 2 CFR 200 "UNIFORM ADMINISTRATIVE REQUIREMENTS, COST PRINCIPLES, AND AUDIT REQUIREMENTS FOR FEDERAL AWARDS." The Contractor shall include the above audit requirements in any subcontracts. In any case, the Contractor's financial records must be available for review by the Department. • DOCUMENTATION REQUIREMENTS The Contractor must send a copy of any required audit Reporting Package as described in 2 CFR 200.515, by sending a scanned copy to auditreview(d_)DOH.wa.gov or by sending a hard copy to: Department of Health ATTN: Audit Review and Resolution Office 243 Israel Road SE PO Box 47822 Olympia, WA 98504-7822 In addition to sending a copy of the audit, when applicable, the Contractor must include: • Corrective action plan for audit findings within three (3) months of the audit being received by the Department. • Copy of the Management Letter. 42. CERTIFICATION REGARDING DEBARMENT, SUSPENSION OR INELIGIBILITY AND VOLUNTARY EXCLUSION — PRIMARY AND LOWER TIER COVERED TRANSACTIONS • Contractor, defined as the primary participant and it principals, certifies by signing these General Terms and Conditions that to the best of its knowledge and belief that they: ■ Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency. City of Port Orchard Page 55 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda Have not within a three-year period preceding this contract, been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public or private agreement or transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, receiving stolen property, making false claims, or obstruction of justice; ■ Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this section; and, ■ Have not within a three-year period preceding the signing of this contract had one or more public transactions (federal, state, or local) terminated for cause of default. • Where the Contractor is unable to certify to any of the statements in this contract, the Contractor shall attach an explanation to this contract. • The Contractor agrees by signing this contract that it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. • The Contractor further agrees by signing this contract that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," as follows, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions: LOWER TIER COVERED TRANSACTIONS • The lower tier contractor certifies, by signing this contract that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. • Where the lower tier contractor is unable to certify to any of the statements in this contract, such contractor shall attach an explanation to this contract. ■ The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, person, primary covered transaction, principal, and voluntarily excluded, as used in this section, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549. You may contact the Department for assistance in obtaining a copy of these regulations. The Contractor also agrees to access the Federal Exclusion List at www.sam.gov and provide Federal Exclusion documentation to the Department and to keep a copy on file with the Contractor's project records. 43. CODE REQUIREMENTS All construction and rehabilitation projects must satisfy the requirements of applicable local, state, and federal building, mechanical, plumbing, fire, energy and barrier -free codes. Compliance with the Americans with Disabilities Act of 1990, 28 C.F.R. Part 35 will be required, as specified by the local building Department. 44. CONFIDENTIALITY/SAFEGUARDING OF INFORMATION • "Confidential Information" as used in this section includes: ■ All material provided to the Contractor by the Department that is designated as "confidential" by the Department; ■ All material produced by the Contractor that is designated as "confidential" by the Department; and ■ All personal information in the possession of the Contractor that may not be disclosed under state or federal law. "Personal information" includes but is not limited to information related to a person's name, health, finances, education, business, use of government services, addresses, telephone numbers, social security number, driver's license number and other identifying numbers, and "Protected Health Information" under the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA). • The Contractor shall comply with all state and federal laws related to the use, sharing, transfer, sale, or disclosure of Confidential Information. The Contractor shall use Confidential Information solely for the purposes of this Contract and shall not use, share, transfer, sell or disclose any Confidential Information to any third party except with the prior written consent of the Department or as may be required by law. The City of Port Orchard Page 56 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda Contractor shall take all necessary steps to assure that Confidential Information is safeguarded to prevent unauthorized use, sharing, transfer, sale or disclosure of Confidential Information or violation of any state or federal laws related thereto. Upon request, the Contractor shall provide the Department with its policies and procedures on confidentiality. The Department may require changes to such policies and procedures as they apply to this Contract whenever the Department reasonably determines that changes are necessary to prevent unauthorized disclosures. The Contractor shall make the changes within the time period specified by the Department. Upon request, the Contractor shall immediately return to the Department any Confidential Information that the Department reasonably determines has not been adequately protected by the Contractor against unauthorized disclosure. • Unauthorized Use or Disclosure. The Contractor shall notify the Department within five (5) working days of any unauthorized use or disclosure of any confidential information, and shall take necessary steps to mitigate the harmful effects of such use or disclosure. 45. CONFORMANCE If any provision of this contract violates any statute or rule of law of the state of Washington, it is considered modified to conform to that statute or rule of law. 46. COPYRIGHT PROVISIONS Unless otherwise provided, all Materials produced under this Contract shall be considered "works for hire" as defined by the U.S. Copyright Act and shall be owned by the Department. The Department shall be considered the author of such Materials. In the event the Materials are not considered "works for hire" under the U.S. Copyright laws, the Contractor hereby irrevocably assigns all right, title, and interest in all Materials, including all intellectual property rights, moral rights, and rights of publicity to the Department effective from the moment of creation of such Materials. "Materials" means all items in any format and includes, but is not limited to, data, reports, documents, pamphlets, advertisements, books, magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. "Ownership" includes the right to copyright, patent, register and the ability to transfer these rights. For Materials that are delivered under the Contract, but that incorporate pre-existing materials not produced under the Contract, the Contractor hereby grants to the Department a nonexclusive, royalty -free, irrevocable license (with rights to sublicense to others) in such Materials to translate, reproduce, distribute, prepare derivative works, publicly perform, and publicly display. The Contractor warrants and represents that the Contractor has all rights and permissions, including intellectual property rights, moral rights and rights of publicity, necessary to grant such a license to the Department. The Contractor shall exert all reasonable effort to advise the Department, at the time of delivery of Materials furnished under this Contract, of all known or potential invasions of privacy contained therein and of any portion of such document which was not produced in the performance of this Contract. The Contractor shall provide the Department with prompt written notice of each notice or claim of infringement received by the Contractor with respect to any Materials delivered under this Contract. The Department shall have the right to modify or remove any restrictive markings placed upon the Materials by the Contractor. 47. DISALLOWED COSTS The Contractor is responsible for any audit exceptions or disallowed costs incurred by its own organization or that of its Subcontractors. 48. DISPUTES Except as otherwise provided in this Contract, when a dispute arises between the parties and it cannot be resolved by direct negotiation, either party may request a dispute hearing with the Director of the Department, who may designate a neutral person to decide the dispute. The request for a dispute hearing must: • be in writing; • state the disputed issues; • state the relative positions of the parties; • state the Contractor's name, address, and Contract number; and, • be mailed to the Director and the other party's (respondent's) Contract Representative within three (3) working days after the parties agree that they cannot resolve the dispute. City of Port Orchard Page 57 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda The respondent shall send a written answer to the requestor's statement to both the Director or the Director's designee and the requestor within five (5) working days. The Director or designee shall review the written statements and reply in writing to both parties within ten (10) working days. The Director or designee may extend this period if necessary by notifying the parties. The decision shall not be admissible in any succeeding judicial or quasi-judicial proceeding. The parties agree that this dispute process shall precede any action in a judicial or quasi-judicial tribunal. Nothing in this Contract shall be construed to limit the parties' choice of a mutually acceptable alternate dispute resolution (ADR) method in addition to the dispute hearing procedure outlined above. 49. DUPLICATE PAYMENT The Contractor certifies that work to be performed under this contract does not duplicate any work to be charged against any other contract, subcontract, or other source. 50. ETHICS/CONFLICTS OF INTEREST In performing under this Contract, the Contractor shall assure compliance with the Ethics in Public Service Act (Chapter 42.52 RCW) and any other applicable state or federal law related to ethics or conflicts of interest. 51. GOVERNING LAW AND VENUE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. 52. INDEMNIFICATION To the fullest extent permitted by law, the Contractor shall indemnify, defend, and hold harmless the state of Washington, the Department, all other agencies of the state and all officers, agents and employees of the state, from and against all claims or damages for injuries to persons or property or death arising out of or incident to the Contractor's performance or failure to perform the Contract. The Contractor's obligation to indemnify, defend, and hold harmless includes any claim by the Contractor's agents, employees, representatives, or any Subcontractor or its agents, employees, or representatives. The Contractor's obligation to indemnify, defend, and hold harmless shall not be eliminated by any actual or alleged concurrent negligence of the state or its agents, agencies, employees and officers. Subcontracts shall include a comprehensive indemnification clause holding harmless the Contractor, the Department, the state of Washington, its officers, employees and authorized agents. The Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless the state and its agencies, officers, agents or employees. 53. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend that an independent contractor relationship will be created by this Contract. The Contractor and its employees or agents performing under this Contract are not employees or agents of the State of Washington or the Department. The Contractor will not hold itself out as or claim to be an officer or employee of the Department or of the State of Washington by reason hereof, nor will the Contractor make any claim of right, privilege or benefit which would accrue to such officer or employee under law. Conduct and control of the work will be solely with the Contractor. 54. INDUSTRIAL INSURANCE COVERAGE The Contractor shall comply with all applicable provisions of Title 51 RCW, Industrial Insurance. If the Contractor fails to provide industrial insurance coverage or fails to pay premiums or penalties on behalf of its employees as may be required by law, The Department may collect from the Contractor the full amount payable to the Industrial Insurance Accident Fund. The Department may deduct the amount owed by the Contractor to the accident fund from the amount payable to the Contractor by the Department under this Contract, and transmit the deducted amount to the Department of Labor and Industries, (L&I) Division of Insurance Services. This provision does not waive any of L&I's rights to collect from the Contractor. City of Port Orchard Page 58 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda 55. LAWS The Contractor shall comply with all applicable laws, ordinances, codes, regulations, and policies of local, state, and federal governments, as now or hereafter amended, including, but not limited to: • UNITED STATES LAWS, REGULATIONS AND CIRCULARS (FEDERAL) o Audits ■ Office of Management and Budget (OMB) Revised Circular A-133 "Audits of States, Local Governments, and Non -Profit Organizations." o Environmental Protection and Review ■ Coastal Zone Management Act of 1972, 16 USC.§§1451-1464HUD's implementing regulations at 24 CFR parts 50 or 58, as appropriate. ■ Lead Based Paint Poisoning Prevention Act, 42 USC 4821-4846 also 24 CFR 982.401(j). ■ National Environmental Policy Act of 1969, 42 USC4321 et seq. and the Implementing Regulations of 24 CFR 58 (HUD) and 40 CFR 1500-1508 (Council on Environmental Quality) Residential Lead -Based Paint Hazard Reduction Act of 1992, 42 USC 4851-4856. o Flood Plains ■ Flood Disaster Protection Act of 1973, 42 USC 4001-4128. o Labor and Safety Standards ■ All Rental Units Assisted with Federal Funds Must Meet the Section 8 Housing Quality Standards (HQS) and Local Housing Code Requirements for the duration of the Affordability Period. ■ Convict Labor, 18 USC 751, 752, 4081, 4082. ■ Davis Bacon Act, 40 USC 276a-276a-5. ■ Drug -Free Workplace Act of 1988, 41 USC 701 et seq. ■ Federal Fair Labor Standards Act, 29 USC 201 et seq. ■ Work Hours and Safety Act of 1962, 40 USC 327-330 and Department of Labor Regulations, 29 CFR Part 5. ■ Title IV of the Lead Based Paint Poisoning Prevention Act, 42 USC 4831, 24 CFR Part 35. o Laws against Discrimination ■ Age Discrimination Act of 1975, Public Law 94-135, 42 USC 6101-07, 45 CFR Part 90 Nondiscrimination in Federally Assisted Programs. ■ Americans with Disabilities Act of 1990, Public Law 101-336. ■ Equal Employment Opportunity, Executive Order 11246, as amended by Executive Order 11375 and supplemented in U.S. Department of Labor Regulations, 41 CFR Chapter 60. ■ Executive Order 11246, as amended by EO 11375, 11478, 12086 and 12102. ■ Fair Housing Act (42 USC 3601-19) and implementing regulations at 24 CFR part 100.Section 504 of the Rehabilitation Act of 1973 and implementing regulations at 24 CFR part 8. ■ Fair Housing, Title VIII of the Civil Rights Act of 1968, Public Law 90-284, 42 USC 3601-19. ■ Handicapped Employees of Government Contractors, Rehabilitation Act of 1973, Section 503, 29 USC 793. ■ Handicapped Recipients of Federal Financial Assistance, Rehabilitation Act of 1973, Section 504, 29 USC 794. ■ Minority Business Enterprises, Executive Order 11625, 15 USC 631. ■ Minority Business Enterprise Development, Executive Order 12432, 48 FR 32551. ■ Nondiscrimination and Equal Opportunity, 24 CFR 5.105(a). City of Port Orchard Page 59 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda ■ Nondiscrimination in Benefits, Title VI of the Civil Rights Act of 1964, Public Law 88-352, 42 USC 2002d et seq, 24 CFR Part 1. ■ Nondiscrimination in Employment, Title VII of the Civil Rights Act of 1964, Public Law 88-352. ■ Nondiscrimination in Federally Assisted Programs. ■ Nondiscrimination in Federally Assisted Construction Contracts, Executive Order 11246, 42 USC 2000e, as amended by Executive Order 11375, 41 CFR Chapter 60. ■ Section 3, Housing and Urban Development Act of 1968, 12 USC 1701 u (See 24 CFR 570.607(b)). o Office of Management and Budget Circulars ■ Cost Principles for State, Local and Indian Tribal Governments, OMB Circular A-87, 2 CFR, Part 225. ■ Cost Principles for Nonprofit Organizations, OMB Circular A-122, (if the Contractor is a nonprofit organization). ■ Grants and Cooperative Agreements with State and Local Governments, OMB Circular A-102, (if the Contractor is a local government or federally recognized Indian tribal government). ■ Uniform Administrative Requirements for Grants and Other Agreements with Institutions of Higher Education, Hospitals and Other Nonprofit Organizations, OMB Circular A-110. o Other ■ Anti -Kickback Act, 18 USC 874; 40 USC 276b, 276c; 41 USC 51-54. ■ H.R. 3547, Consolidated Appropriations Act, 2014. ■ Governmental Guidance for New Restrictions on Lobbying; Interim Final Guidance, Federal Register 1, Vol. 54, No. 243\Wednesday, December 20, 1989. ■ Hatch Political Activity Act, 5 USC 1501-8. ■ Lobbying and Disclosure, 42 USC 3537a and 3545 and 31 USC 1352 (Byrd Anti -Lobbying Amendment). 31 USC 1352 provides that Contractors who apply or bid for an award of $100,000 or more must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or other award covered by 31 USC 1352. Each tier must disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. ■ Non -Supplanting Federal Funds. ■ Section 8 Housing Assistance Payments Program. o Privacy ■ Privacy Act of 1974, 5 USC 522a. o Relocation Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970 and implementing regulations at 49 CFR part 24. ■ Section 104(d) of the Housing and Community Development Act of 1974 and the implementing regulations at 24 CRF part 570. ■ WASHINGTON STATE LAWS AND REGULATIONS o Affirmative Action, RCW 41.06.020. o Departments of Directors or Officers of Non -Profit Corporations — Liability - Limitations, RCW 4.24.264. o Disclosure -Campaign Finances -Lobbying, Chapter 42.17 RCW. o Discrimination -Human Rights Commission, Chapter 49.60 RCW. o Ethics in Public Service, Chapter 42.52 RCW. City of Port Orchard Page 60 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda o Affordable Housing Program, Chapter 43.185 RCW o Interlocal Cooperation Act, Chapter 39.34 RCW. o Noise Control, Chapter 70.107 RCW. o Office of Minority and Women's Business Enterprises, Chapter 39.19 RCW and Chapter 326-02 WAC. o Open Public Meetings act, Chapter 42.30 RCW. o Prevailing Wages on Public Works, Chapter 39.12 RCW. o Public Records Act, Chapter 42.56 RCW. o Relocation Assistance - Real Property Acquisition Policy, Chapter 8.26 RCW. o Shoreline Management Act of 1971, Chapter 90.58 RCW. o State Budgeting, Accounting, and Reporting System, Chapter 43.88 RCW. o State Building Code, Chapter 19.27 RCW and Energy -Related Building Standards, Chapter 19.27A RCW, and Provisions in Buildings for Aged and Handicapped Persons, Chapter 70.92 RCW. o State Coastal Zone Management Program Section 309 Assessment and Strategy (Publication 01-06- 003), Shorelands and Environmental Assistance Program, Washington State Department of Ecology. o State Environmental Policy, Chapter 43.21 C RCW. o State Executive Order 05-05, Archeological and Cultural Resources. 56. LICENSING, ACCREDITATION AND REGISTRATION The Contractor shall comply with all applicable local, state, and federal licensing, accreditation and registration requirements or standards necessary for the performance of this Contract. 57. LIMITATION OF AUTHORITY Amendments must be mutually negotiated. Only the Authorized Representative or Authorized Representative's designee by writing (designation to be made prior to action) shall have the express, implied, or apparent authority to negotiate alterations, amendments, modifications, or waivers to any clause or condition of this Contract. 58. LOCAL PUBLIC TRANSPORATION COORDINATION Where applicable, Contractor shall participate in local public transportation forums and implement strategies designed to ensure access to services. 59. NOTIFICATION OF TENANT RIGHTS/RESPONSIBILITIES The Contractor shall provide all tenants, if any, with information outlining tenant rights and responsibilities under the Washington State Landlord Tenant laws, Title 59, Revised Code of Washington. The Contractor shall also provide all occupants of property acquired with U.S. Department of Housing and Urban Development (HUD) funds notice regarding their eligibility for relocation assistance. Such notices will be provided as required by the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, as amended and referenced in 49 CFR part 24 and Section 104(d) of the Housing and Community Development Act of 1974, as amended and referenced in 24 CFR 570 and noted in HUD's Handbook No. 1378. Notifications will include but not be limited to: • General Information Notice • Notice of Displacement/Non-Displacement 60. POLITICAL ACTIVITIES Political activity of Contractor employees and officers are limited by the State Campaign Finances and Lobbying provisions of Chapter 42.17 RCW and the Federal Hatch Act, 5 USC 1501 - 1508. No funds may be used for working for or against ballot measures or for or against the candidacy of any person for public office. City of Port Orchard Page 61 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda 61. PROCUREMENT STANDARDS FOR FEDERALLY FUNDED PROGRAMS A Contractor which is a local government or Indian Tribal government must establish procurement policies and procedures in accordance with OMB Circulars A-102, Uniform Administrative Requirements for Grants in Aid for State and Local Governments, for all purchases funded by this Contract. A Contractor which is a nonprofit organization shall establish procurement policies in accordance with OMB Circular A-110, Uniform Administrative Requirements for Grants and Agreements with Nonprofit Agencies, for all purchases funded by this Contract. The Contractor's procurement system should include at least the following: • A code or standard of conduct that shall govern the performance of its officers, employees, or agents engaged in the awarding of contracts using federal funds. • Procedures that ensure all procurement transactions shall be conducted in a manner to provide, to the maximum extent practical, open and free competition. • Minimum procedural requirements, as follows: o Follow a procedure to assure the avoidance of purchasing unnecessary or duplicative items. o Solicitations shall be based upon a clear and accurate description of the technical requirements of the procured items. o Positive efforts shall be made to use small and minority -owned businesses. o The type of procuring instrument (fixed price, cost reimbursement) shall be determined by the Contractor, but must be appropriate for the particular procurement and for promoting the best interest of the program involved. o Contracts shall be made only with reasonable subcontractors who possess the potential ability to perform successfully under the terms and conditions of the proposed procurement. o Some form of price or cost analysis should be performed in connection with every procurement action. o Procurement records and files for purchases shall include all of the following: • Contractor selection or rejection. ■ The basis for the cost or price. ■ Justification for lack of competitive bids if offers are not obtained. • A system for contract administration to ensure Contractor conformance with terms, conditions and specifications of this Contract, and to ensure adequate and timely follow-up of all purchases. • Contractor and Subcontractor must receive prior approval from the Department for using funds from this Contract to enter into a sole source contract or a contract where only one bid or proposal is received when value of this contract is expected to exceed $5,000. Prior approval requests shall include a copy of proposed contracts and any related procurement documents and justification for non-competitive procurement, if applicable. 62. PROHIBITION AGAINST PAYMENT OF BONUS OR COMMISION The funds provided under this Contract shall not be used in payment of any bonus or commission for the purpose of obtaining approval of the application for such funds or any other approval or concurrence under this Contract provided, however, that reasonable fees or bona fide technical consultant, managerial, or other such services, other than actual solicitation, are not hereby prohibited if otherwise eligible as project costs. 63. PUBLICITY The Contractor agrees not to publish or use any advertising or publicity materials in which the state of Washington or the Department's name is mentioned, or language used from which the connection with the state of Washington's or the Department's name may reasonably be inferred or implied, without the prior written consent of the Department. City of Port Orchard Page 62 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda 64. RECAPTURE In the event that the Contractor fails to perform this contract in accordance with state laws, federal laws, and/or the provisions of this contract, The Department reserves the right to recapture funds in an amount to compensate the Department for the noncompliance in addition to any other remedies available at law or in equity. Repayment by the Contractor of funds under this recapture provision shall occur within the time period specified by the Department. In the alternative, The Department may recapture such funds from payments due under this contract. 65. REGISTRATION WITH DEPARTMENT OF REVENUE If required by law, the Contractor shall complete registration with the Washington State Department of Revenue. 66. RIGHT OF INSPECTION At no additional cost all records relating to the Contractor's performance under this Contract shall be subject at all reasonable times to inspection, review, and audit by the Department, the Office of the State Auditor, and federal and state officials so authorized by law, in order to monitor and evaluate performance, compliance, and quality assurance under this Contract. The Contractor shall provide access to its facilities for this purpose. 67. SAVINGS In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, The Department may terminate the Contract under the "Termination for Convenience" clause, without the ten business day notice requirement. In lieu of termination, the Contract may be amended to reflect the new funding limitations and conditions. 68. SEVERABILITY If any provision of this Contract or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract that can be given effect without the invalid provision, if such remainder conforms to the requirements of law and the fundamental purpose of this Contract and to this end the provisions of this Contact are declared to be severable. 69. SUBCONTRACTING The Contractor may only subcontract work contemplated under this Contract if it obtains the prior written approval of the Department. If the Department approves subcontracting, the Contractor shall maintain written procedures related to subcontracting, as well as copies of all subcontracts and records related to subcontracts. For cause, the Department in writing may (a) require the Contractor to amend its subcontracting procedures as they relate to this Contract; (b) prohibit the Contractor from subcontracting with a particular person or entity; or (c) require the Contractor to rescind or amend a subcontract. Every subcontract shall bind the Subcontractor to follow all applicable terms of this Contract. The Contractor is responsible to the Department if the Subcontractor fails to comply with any applicable term or condition of this Contract. The Contractor shall appropriately monitor the activities of the Subcontractor to assure fiscal conditions of this Contract. In no event shall the existence of a subcontract operate to release or reduce the liability of the Contractor to the Department for any breach in the performance of the Contractor's duties. Every subcontract shall include a term that the Department and the State of Washington are not liable for claims or damages arising from a Subcontractor's performance of the subcontract. 70. SURVIVAL The terms, conditions, and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termination of this Contract shall so survive. 71. TAXES All payments accrued on account of payroll taxes, unemployment contributions, the Contractor's income or gross receipts, any other taxes, insurance or expenses for the Contractor or its staff shall be the sole responsibility of the Contractor. 72. TERMINATION FOR CAUSE/SUSPENSION If the Department concludes that the Contractor has failed to comply with the terms and conditions of this Contract, or has failed to use the loan proceeds only for those activities identified in the declared SCOPE OF WORK, or has City of Port Orchard Page 63 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda otherwise materially breached one or more of the covenants in this Contract, the Department may at any time, at its discretion, upon notice to the Contractor, terminate the Contract and/or its attached agreements in whole or in part and declare the entire remaining balance of the loan, together with any interest accrued, immediately due and payable in full. Such Notice of Termination for Cause shall be in writing, shall state the reason(s) for such termination, and shall specify the effective date of the termination. The effective date of the termination will be determined by the Department. Such notice shall inform the Contractor of the breach of the relevant covenant and shall allow the Contractor at least thirty (30) business days to cure such breach, if curable. The notice shall instruct the Contractor that, if the breach is not cured or cannot be cured within thirty (30) business days, the outstanding balance of the loan shall be due and payable. If this Contract is so terminated, the Department shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. Nothing in this section shall affect the Contractor's obligations to immediately repay the unpaid balance of the loan as prescribed in the Washington Administrative Code (WAC) 246-296-150. 73. TERMINATION FOR CONVENIENCE The Department may terminate this Contract in the event that federal or state funds are no longer available to the Department, or are not appropriated for the purpose of meeting the Department's obligations under this Contract. The Department shall notify the Contractor in writing of its determination to terminate and the reason for such termination. The effective date of the termination will be determined by the Department. If this Contract is so terminated, the Department shall be liable only for payment required under the terms of this Contract for services rendered or goods delivered prior to the effective date of termination. Nothing in this section shall affect Contractor's obligations to repay the unpaid balance of the loan. 74. CONFLICT OF INTEREST Notwithstanding any determination by the Executive Ethics Board or other tribunal, Department of Health may, in its sole discretion, by written notice to the Contractor terminate this contract if it is found after due notice and examination by Department of Health that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the Contractor in the procurement of, or performance under this contract. Specific restrictions apply to contracting with current or former state employees pursuant to chapter 42.52 of the Revised Code of Washington. The Contractor and their subcontractor(s) must identify and state of Washington employees for former state employees employed or on the firm's governing board during the past 24 months. Identify the individual by name, the agency previously or currently employed by, job title or position held, and separation date. If it is determined by the Department of Health that a conflict of interest exists, the Contractor may be disqualified from further consideration for the award of a contract. In the event this contract is terminated as provided above, the Department shall be entitled to pursue the same remedies against the Contractor as it could pursue in the event of a breach of the contract by the Contractor. The rights and remedies of the department provided for in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law. The existence of facts upon which the Department makes any determination under this clause shall be an issue and may be reviewed as provided in the "Disputes" clause of this contract. 75. TERMINATION PROCEDURES After receipt of a notice of termination, except as otherwise directed by the Department, the Contractor shall: • Stop work under the Contract on the date, and to the extent specified, in the notice; • Place no further orders or subcontracts for materials, services, or facilities related to the Contract; • Assign to the Department all of the rights, title, and interest of the Contractor under the orders and subcontracts so terminated, in which case the Department has the right, at its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. Any attempt by the Contractor to settle such claims must have the prior written approval of the Department; and • Preserve and transfer any materials, contract deliverables and/or the Department property in the Contractor's possession as directed by the Department. Upon termination of the Contract, the Department shall pay the Contractor for any service provided by the Contractor under the Contract prior to the date of termination. The Department may withhold any amount due as the Department reasonably determines is necessary to protect the Department against potential loss or liability resulting from the termination. The Department shall pay any withheld amount to the Contractor if the Department later determines that loss or liability will not occur. City of Port Orchard Page 64 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda The rights and remedies of the Department under this section are in addition to any other rights and remedies provided under this Contract or otherwise provided under law. 76. WAIVER Waiver of any default or breach shall not be deemed to be a waiver of any subsequent default or breach. Any waiver shall not be construed to be a modification of the terms of this Contract unless stated to be such in writing and signed by Authorized Representative of the Department. 77. WORK HOURS AND SAFETY STANDARDS The Contract Work Hours and Safety Standards Act (40 USC 327-333)-Where applicable, all contracts awarded by recipients in excess of $100,000 for construction and other purposes that involve the employment of mechanics or laborers must include a provision for compliance with Section 102 and 107 of the Contract Work Hours Safety Standards Act (40 USC 327-333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each subcontractor is required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 '/z times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic is required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. City of Port Orchard Page 65 of 201 DWSRF NT Preconstruction Loan Contract PCL26349 (Municipal) Back to Agenda ATTACHMENT I: ATTORNEY'S CERTIFICATION DRINKING WATER STATE REVOLVING FUND (MUNICIPAL) City of Port Orchard PCL26349 I, , hereby certify: I am an attorney at law admitted to practice in the State of Washington and the duly appointed attorney of the Contractor identified on the Declarations Page of the Contract identified above; and I have also examined any and all documents and records, which are pertinent to the Contract, including the application requesting this financial assistance. Based on the foregoing, it is my opinion that: a) The Contractor is a public body, properly constituted and operating under the laws of the State of Washington, empowered to receive and expend federal, state and local funds, to contract with the State of Washington, and to receive and expend the funds involved to accomplish the objectives set forth in their application. b) The Contractor is empowered to accept the Drinking Water State Revolving Fund financial assistance and to provide for repayment of the loan as set forth in the loan agreement. c) There is currently no litigation in existence seeking to enjoin the commencement or completion of the above -described public facilities project or to enjoin the Contractor from repaying the Drinking Water State Revolving Fund loan extended by the DOH with respect to such project. The Contractor is not a party to litigation, which will materially affect its ability to repay such loan on the terms contained in the loan agreement. d) Assumption of this obligation would not exceed statutory and administrative rule debt limitations applicable to the Contractor. Signature of Attorney Name Address Date City of Port Orchard Attachment I: Attorney's Certification PCL26349 Page 66 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda ATTACHMENT II: FEDERAL AND STATE REQUIREMENTS 1. ENVIRONMENTAL AUTHORITIES • Archeological and Historic Preservation Act of 1974, Public Law 86-523 as amended • Clean Air Act, Public Law 84-159 as amended • Coastal Zone Management Act, Public Law 92-583 as amended • Endangered Species Act, Public Law 93-205 as amended • Environmental Justice, Executive Order 12898 • Floodplain Management, Executive Order 11988 as amended by Executive Order 12148 • Protection of Wetlands, Executive Order 11990 • Farmland Protection Policy Act, Public Law 97-98 • Fish and Wildlife Coordination Act, Public Law 85-624 as amended • National Historic Preservation Act of 1966, Public Law 89-665 as amended • Safe Drinking Water Act, Public Law 93-523 as amended • Wild and Scenic Rivers Act, Public Law 90-542 as amended 2. ECONOMIC AND MISCELLANEOUS AUTHORITIES • Demonstration Cities and Metropolitan Development Act of 1996, Public Law 89-754 as amended, Executive Order 12372 • Procurement Prohibitions under Section 306 of the Clean air Act and Section 508 of the Clean Water Act, including Executive Order 11738, Administration of the Clean Air Act and the Federal Water Pollution Control Ac with Respect to Federal Contracts, Grants, or Loans • Uniform Relocation and Real Property Policies Act, Public Law 91-646 as amended • Debarment and Suspension, Executive Order 12549 • H.R. 3547, Consolidated Appropriations Act, 2014. 3. SOCIAL POLICY AUTHORITIES • Age Discrimination Act of 1975, Public Law 94-135 • Title VI of the Civil Rights Act of 1964, Public Law 88-352 • Section 13 of the Federal Water Pollution Control Act Amendments of 1972, Public Law 92-500 (the Clean Water Act) • Section 504 of the Rehabilitation Act of 1973, Public Law 93-112 (including Executive Orders 11914 and 11250) • Equal Employment Opportunity, Executive Order 11246 • Disadvantaged Business Enterprise, Public Law 101-549 (the Clean Air Act), and Public Law 102-389 (the Clean Water Act) • Section 129 of the Small Business Administration Reauthorization and Amendment Act of 1988, Public Law 100- 590 4. STATE LAWS • Chapter 36.70A RCW, Growth Management Act • Chapter 39.80 RCW, Contracts for Architectural and Engineering Services • Chapter 39.12 RCW, Washington State Public Works Act • Chapter 43.20 RCW, State Department of Health • Chapter 43.70 RCW, Department of Health • Chapter 43.155 RCW, Public Works Project • Chapter 70.116 RCW, Public Water Systems Coordination Act of 1977 • Chapter 70.119 RCW, Public Water Supply Systems Certification and Regulation of Operations • Chapter 70.119A RCW, Public Water Systems, Penalties & Compliances • Chapter 246-290 WAC, Group A Public Water Systems • Chapter 246-291 WAC, Group B Public Water Systems • Chapter 246-292 WAC, Waterworks Operator Certification Regulations • Chapter 246-293 WAC, Water Systems Coordination Act • Chapter 246-294 WAC, Drinking Water Operating Permits • Chapter 246-295 WAC, Satellite System Management Agencies • Chapter 246-296 WAC Drinking Water State Revolving Fund Loan Program • Chapter 173-160 WAC, Minimum Standards for Construction & Maintenance of Wells City of Port Orchard Attachment III: DBE Requirements PCL26349 Page 67 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda • Title 173 WAC, Department of Ecology Rules • Title 40 Part 141 Code of Federal Regulations, Federal National Primary Drinking Water Regulations (Section Adopted by Reference) City of Port Orchard Attachment III: DBE Requirements PCL26349 Page 68 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda ATTACHMENT III: DISADVANTAGED BUSINESS ENTERPRISE REQUIREMENTS 1. GENERAL COMPLIANCE, 40 CFR, PART 33 2 3 The Contractor agrees to comply with the requirements of Environmental Protection Agency's Program for Utilization of Small, Minority and Women's Business Enterprises (MBE/WBE) in procurement under this Contract, contained in 40 CFR, Part 33. FAIR SHARE OBJECTIVES, 40 CFR, PART 33, SUBPART D The following are exemptions from the fair share objective Requirements: Grant and loan recipients receiving a total of $250K or less in EPA financial assistance in a given fiscal year. Tribal recipients of Performance Partnership Eligible grants under 40 CFR Part 35, Subpart B. o There is a 3-year phase in period for the requirement to negotiate fair share goals for Tribal and Insular Area recipients. Recipients of Technical Assistance Grants. The Fair Share Objectives or goals for the utilization of disadvantaged businesses negotiated with EPA by the WA Office of Minority Women Business are stated below. Construction 10% MBE 6% WBE Supplies 8% MBE 4% WBE Equipment 8% MBE 4% WBE Purchased Services 10% MBE 4% WBE By signing this Contract, the Contractor is accepting the fair share objectives/goals stated above and attests to the fact that it is purchasing the same or similar construction, supplies, services and equipment, in the same or similar relevant geographic buying market as WA Office of Minority Women Business goal is being adopted. SIX GOOD FAITH EFFORTS, 40 CFR, PART 33, SUBPART C Pursuant to 40 CFR, Section 33.301, the Contractor agrees to make the following good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to ensure that sub -recipients, loan recipients, and prime contractors also comply. Records documenting compliance with the six good faith efforts shall be retained. The six good faith efforts shall include: • Ensure Disadvantaged Business Enterprises are made aware of contracting opportunities to the fullest extent practicable through outreach and recruitment activities. For Indian Tribal, State and Local Government recipients, this will include placing the Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever they are potential sources. • Make information on forthcoming opportunities available to Disadvantaged Business Enterprises and arrange time frames for contracts and establish delivery schedules, where the requirements permit, in a way that encourages and facilitates participation by Disadvantaged Business Enterprises in the competitive process. This includes, whenever possible, posting solicitations for bids or proposals for a minimum of thirty (30) calendar days before the bid or proposal closing date. • Consider in the contracting process whether firms competing for large contracts could subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and Local Government recipients, this will include dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by Disadvantaged Business Enterprises in the competitive process. • Encourage contracting with a consortium of Disadvantaged Business Enterprises when a contract is too large for one of these firms to handle individually. • Use the services and assistance of the Small Business Administration and the Minority Business Development Agency of The Department of Health. City of Port Orchard Attachment III: DBE Requirements PCL26349 Page 69 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda • If the prime contractor awards subcontracts, also require the prime contractor to take the five good faith efforts in paragraphs A through E above. 4. MBE/WBE REPORTING, 40 CFR, PART 33, SECTIONS33.502 AND 33.503 Contractor is required to submit MBE/WBE participation reports to the Department and/or the Department of Health, on a quarterly basis, beginning with the Federal fiscal year reporting period the Contractor receives the award and continuing until the project is completed. 5. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, SECTION 33.302 The Contractor agrees to comply with the contract administration provisions of 40 CFR, Section 33.302. The Contractor agrees to require all general contractors to provide forms: EPA Form 6100-2 DBE Subcontractor Participation Form and EPA Form 6100-3 DBE Subcontractor Performance Form to all its Disadvantaged Business Enterprise subcontractors, engineers, vendors, and any other entity for work or services listed in the declared SCOPE OF WORK. These two (2) forms may be obtained from the EPA Office of Small Business Program's website on the internet at http://www.epa.gov/osbp/grants.htm. The Contractor agrees to require all general contractors to complete and submit to the Contractor and Environmental Protection Agency EPA Form 6100-4 DBE Subcontractor Utilization Form beginning with the Federal fiscal year reporting period the Contractor receives the award and continuing until the project is completed. Only procurements with certified MBE/WBEs are counted toward a Contractor's MBE/WBE accomplishments. 6. BIDDERS LIST, 40 CFR, SECTION 33.501(b) AND (c) The Contractor is also required to create and maintain a bidders list if the Contractor of the loan is subject to, or chooses to follow, competitive bidding requirements. Please see 40 CFR, Section 33.501 (b) and (c) for specific requirements and exemptions. Section 33.501(b) of the rule is as follows: A recipient of a Continuing Environmental Program Grant or other annual grant must create and maintain a bidders list. In addition, a recipient of an EPA financial assistance agreement to capitalize a revolving loan fund also must require entities receiving identified loans to create and maintain a bidders list if the recipient of the loan is subject to, or chooses to follow, competitive bidding requirements. The purpose of a bidders list is to provide the recipient and entities receiving identified loans who conduct competitive bidding with as accurate a database as possible about the universe of MBE/WBE and non-MBE/WBE prime and subcontractors. The list must include all firms that bid or quote on prime contracts or bid or quote on subcontracts under EPA assisted projects, including both MBE/WBEs. The bidders list must be kept until the grant project period has expired and the recipient is no longer receiving EPA funding under the grant. For entities receiving identified loans, the bidders list must be kept until the project period for the identified loan has ended. The following information must be obtained from all prime and subcontractors: • Entity's name with point of contact; • Entity's mailing address, telephone number, and e-mail address; • The procurement on which the entity bid or quoted, and when; and • Entity's status as a MBE/WBE1 or non-MBE/WBE. The exemption found at § 33.501(c) is as follows: A recipient of an EPA financial assistance agreement in the amount of $250,000 or less for any single assistance agreement, or of more than one financial assistance agreement with a combined total of $250,000 or less in any one fiscal year, is exempt from the paragraph (b) of this section requirement to create and maintain a bidders list. Also, a recipient under the CWSRF, DWSRF, or BCRLF Program is not required to apply the paragraph (b) of this section bidders list requirement of this subpart to an entity receiving an identified loan in an amount of $250,000 or less, or to an entity receiving more than one identified loan with a combined total of $250,000 or less in any one fiscal year. This exemption is limited to the paragraph (b) of this section bidders list requirements of this subpart. Qualified Women and Minority business enterprises may be found on the Internet at www.omwbe.wa.gov or by contacting the Washington State Office of Minority and Women's Enterprises at 360-704-1181. City of Port Orchard Attachment III: DBE Requirements PCL26349 Page 70 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda ATTACHMENT IV: CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS ,� United States Environmental Protection Agency United States Environmental Protection Agency EPA Project Control Number Washington, DC 20460 The prospective participant certifies to the best of its knowledge and belief that it and the principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency; (b) Have not within a three year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction: violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for otherwise criminally or civilly charged by a government entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default. I understand that a false statement on this certification may be ground for rejection of this proposal or termination of the award. In addition, under 18 USC Sec. 1001, a false statement may result in a fine of up to $10,000 or imprisonment for up to 5 years, or both. Typed Name & Title of Authorized Representative Signature of Authorized Representative Date am unable to certify to the above statements. My explanation is attached. EPA Form 5700-49 (11-88) City of Port Orchard Attachment IV: Certification Regarding Debarment PCL26349 Page 71 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda ATTACHMENT V: DWSRF ELIGIBLE PROJECT COSTS Must be directly attributable to the project. 1. The costs for complying with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. 2. DWSRF loan fees. 3. The purchase of a portion of another system's capacity, if it is the most cost effective solution (limited to publicly owned (municipal) systems). 4. Construction of reservoirs (clear wells) that are part of the treatment process and are collocated with the treatment facility. 5. Construction of distribution reservoirs (finished water). 6. Cost associated with restructuring or consolidation of existing water systems by publicly owned water systems. 7. Main extensions to connect to safe and reliable sources of drinking water. 8. Cost associated with collecting and preparing environmental assessment documents to obtain local permits. 9. Direct labor including related employee benefits: 9.1. Salaries and wages (at actual or average rates) covering productive labor hours of employees of the borrower (excluding the administrative organization of the operating unit involved) for periods of time actively or incidentally engaged in pre -design engineering, design engineering, construction engineering, acquisition of rights of way, and the cleaning, sterilization or bacteriological testing of water system components prior to public use. The costs of services rendered by employees generally classified as administration/project management of the loan are considered a direct cost only when such employees are assigned the types of services described above and shall be limited to 3% or less of the project loan amount. 9.2. Employee benefits relating to labor are considered a direct cost of construction projects. The following items may be included as employee benefits: • F.I.C.A. (Social Security) —employer's share. • Retirement benefits. • Hospital, health, dental, and other welfare insurance. • Life insurance. • Industrial and medical insurance. • Vacation. • Holiday. • Sick leave. • Military leave and jury duty. Employee benefits must be calculated as a percentage of direct labor dollars. The computation of predetermined percentage rates to be applied to current labor costs must be based on the average of total employee benefits and total labor costs for the prior fiscal year and adjusted by known current year variations. • Other than work identified in Number 9.1, no costs associated with labor performed by the borrower's employees, including force account work, are eligible for financing assistance. 10. Contract engineering, planning, design, legal, and financial planning services. The Department reserves the right to declare ineligible legal costs that are unreasonable and disproportionate to the project. 11. Contract preconstruction work. 12. Direct vehicle and equipment charges at the actual rental cost paid for the equipment or, in the case of city or county -owned equipment, at the rental rates established by the local government's "equipment rental and revolving fund" following the methods prescribed by the division of municipal corporations. However, such costs must be charged on a uniform basis to equipment used for all projects regardless of the source of funding. Cities with a population of eight thousand or less not using this type of fund are allowed the same rates as used by the State Department of Transportation. 13. Direct materials and supplies. 14. Other direct costs incurred for materials or services acquired for a specific project are eligible costs and may include, but are not limited to such items as: 14.1.Telephone charges. 14.2.Reproduction and photogrammetry costs. 14.3.Video and photography for project documentation. 14.4.Computer usage. 14.5.Printing and advertising. 15. Other project related costs include: 15.1. Competitive Bidding. 15.2. Audit. 15.3. Insurance. 15.4. Prevailing wages. 15.5. Attorney fees. 15.6. Environmental Review. 15.7. Archaeological Survey. Water system plan and Small water system management program and plan amendments costs are eligible for reimbursement. Projects may be designed to accommodate reasonable growth. This is generally the 20-year projection included in the system's water system plan or small water system management program. City of Port Orchard Attachment V: DWSRF Eligible Project Costs PCL26349 Page 72 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda ATTACHMENT VI: LABOR STANDARD PROVISIONS FOR SUBRECIPIENTS THAT ARE GOVERNMENTAL ENTITIES Wage Rate Requirements Under The Consolidated and Further Continuing Appropriations Act, 2015 (P.L. 113- 235) For Subreciaients That Are Governmental Entities: The following terms and conditions specify how recipients will assist EPA in meeting its Davis -Bacon (DB) responsibilities when DB applies to EPA awards of financial assistance under the FY 2015 appropriations act with respect to State recipients and subrecipients that are governmental entities. If a subrecipient has questions regarding when DB applies, obtaining the correct DB wage determinations, DB provisions, or compliance monitoring, it may contact Department of Health. If a State recipient needs guidance, they may obtain additional guidance from DOL's web site at http://www.dol.gov/whd . 1. Applicability of the Davis- Bacon (DB) prevailing wage requirements. Under the FY 2015 Consolidated and Further Continuing Appropriations Act, DB prevailing wage requirements apply to the construction, alteration, and repair of treatment works carried out in whole or in part with assistance made available by a State water pollution control revolving fund and to any construction project carried out in whole or in part by assistance made available by a drinking water treatment revolving loan fund. If a subrecipient encounters a unique situation at a site that presents uncertainties regarding DB applicability, the subrecipient must discuss the situation with the recipient State before authorizing work on that site. 2. Obtaining Wage Determinations. (a) Subrecipients shall obtain the wage determination for the locality in which a covered activity subject to DB will take place prior to issuing requests for bids, proposals, quotes or other methods for soliciting contracts (solicitation) for activities subject to DB. These wage determinations shall be incorporated into solicitations and any subsequent contracts. Prime contracts must contain a provision requiring that subcontractors follow the wage determination incorporated into the prime contract. (i) While the solicitation remains open, the subrecipient shall monitor www.wdol.gov weekly to ensure that the wage determination contained in the solicitation remains current. The subrecipients shall amend the solicitation if DOL issues a modification more than 10 days prior to the closing date (i.e. bid opening) for the solicitation. If DOL modifies or supersedes the applicable wage determination less than 10 days prior to the closing date, the subrecipients may request a finding from the State recipient that there is not a reasonable time to notify interested contractors of the modification of the wage determination. The State recipient will provide a report of its findings to the subrecipient. (ii) If the subrecipient does not award the contract within 90 days of the closure of the solicitation, any modifications or supersedes DOL makes to the wage determination contained in the solicitation shall be effective unless the State recipient, at the request of the subrecipient, obtains an extension of the 90 day period from DOL pursuant to 29 CFR 1.6(c)(3)(iv). The subrecipient shall monitor www.wdol.gov on a weekly basis if it does not award the contract within 90 days of closure of the solicitation to ensure that wage determinations contained in the solicitation remain current. (b) If the subrecipient carries out activity subject to DB by issuing a task order, work assignment or similar instrument to an existing contractor (ordering instrument) rather than by publishing a solicitation, the subrecipient shall insert the appropriate DOL wage determination from www.wdol.gov into the ordering instrument. (c) Subrecipients shall review all subcontracts subject to DB entered into by prime contractors to verify that the prime contractor has required its subcontractors to include the applicable wage determinations. (d) As provided in 29 CFR 1.6(f), DOL may issue a revised wage determination applicable to a subrecipient's contract after the award of a contract or the issuance of an ordering instrument if DOL determines that the subrecipient has failed to incorporate a wage determination or has used a wage determination that clearly does not apply to the contract or ordering instrument. If this occurs, the subrecipient shall either terminate the contract or ordering instrument and issue a revised solicitation or ordering instrument or incorporate DOL's wage determination retroactive to the beginning of the contract or ordering instrument by change order. The subrecipient's contractor must be compensated for any increases in wages resulting from the use of DOL's revised wage determination. 3. Contract and Subcontract provisions. (a) The Recipient shall insure that the subrecipient(s) shall insert in full in any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in City of Port Orchard Attachment VI: Labor Standards Provisions PCL26349 Page 73 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2015 appropriations act, the following clauses: (1) Minimum wages. (i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. Subrecipients may obtain wage determinations from the U.S. Department of Labor's web site, www.dol.gov. (ii)(A) The subrecipient(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the subrecipient(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the subrecipient (s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the subrecipient(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the State award official, to the Administrator for determination. The request shall be sent to the EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. (iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. City of Port Orchard Attachment VI: Labor Standards Provisions PCL26349 Page 74 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided, that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis -Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The subrecipient(s), shall upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. (3) Payrolls and basic records. (i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis -Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. (ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the subrecipient, that is, the entity that receives the sub -grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or EPA. As to each payroll copy received, the subrecipient shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29 CFR 5.5(a)(1) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls. Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the subrecipient(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the subrecipient(s). (B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (1) That the payroll for the payroll period contains the information required to be provided under § 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; City of Port Orchard Attachment VI: Labor Standards Provisions PCL26349 Page 75 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda (3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. (iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4) Apprentices and trainees— (i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be City of Port Orchard Attachment VI: Labor Standards Provisions PCL26349 Page 76 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the EPA determines may by appropriate, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination; debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and Subrecipient(s), State, EPA, the U.S. Department of Labor, or the employees or their representatives. (10) Certification of eligibility. (i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1). (iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001. 4. Contract Provision for Contracts in Excess of $100,000. (a) Contract Work Hours and Safety Standards Act. The subrecipient shall insert the following clauses set forth in paragraphs (a)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Item 3, above or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (a)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The subrecipient, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, shall withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier City of Port Orchard Attachment VI: Labor Standards Provisions PCL26349 Page 77 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Back to Agenda subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (a)(1) through (4) of this section. (b) In addition to the clauses contained in Item 3, above, in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in 29 CFR 5.1, the Subrecipient shall insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Subrecipient shall insert in any such contract a clause providing hat the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the (write the name of agency) and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 5. Compliance Verification (a) The subrecipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(6), all interviews must be conducted in confidence. The subrecipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request. (b) The subrecipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Subrecipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB. Subrecipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence." (c) The subrecipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The subrecipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the subrecipient should spot check payroll data within two weeks of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Subrecipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the subrecipient shall verify evidence of fringe benefit plans and payments thereunder by contractors and subcontractors who claim credit for fringe benefit contributions. (d) The subrecipient shall periodically review contractors and subcontractors use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above. (e) Subrecipients must immediately report potential violations of the DB prevailing wage requirements to the Department of Health and to the appropriate DOL Wage and Hour District Office listed at https://www.dol.gov/whd/local/. City of Port Orchard Attachment VI: Labor Standards Provisions PCL26349 Page 78 of 201 DWSRF NT Preconstruction Loan Contract (Municipal) Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7C Approval of Amendment No. 2 to Contract No. 048-20 with Murraysmith, Inc. for the 2020-2021 McCormick Woods Well No. 11 Site Improvement Project Final Design & Bid Support (Phase 2) Meeting Date: Prepared by: Atty Routing No.: Atty Review Date Back to Agenda July 27, 2021 Mark Dorsey, P.E. Public Works Director 366922.0013 - Water July 17, 2021 Summary: On May 16, 2020, the Port Orchard City Council adopted Resolution No. 015-20, approving Contract No. C048-20 with Murraysmith, Inc. for the 2020-2021 McCormick Woods Well No. 11 (Phase 1) Site Improvements Schematic 30% Design Project in the amount of $94,673 (the "Contract".) Note that the original procurement process covered all phases of design. On November 25, 2020, the Public Works Director authorized Amendment No. 1 to the Contract, amending the term of the contract but not increasing the dollar amount in order to provide time to seek additional project funding from other sources. Earlier in tonight's meeting, the City Council took action to formally accept the Department of Health's (DOH) Drinking Water State Revolving Fund (DWSRF) Program Pre -construction Loan in the amount of $510,000. With this loan in place, staff prepared Amendment No. 2 to the Contract. By this Amendment, Murraysmith, Inc. will move to Final Design and Bid Support (Phase 2) for the added the amount of $628,733. Please recall that the Well No. 11 Site Improvement Project was identified as a priority task for the Public Works Department and that it was decided to implement a phased approach for the Project. Therefore, having completed the Phase I Site Improvements Schematic 30% Design and having received the Well No. 11 Pre -Construction Loan in the amount of $510,000, authorization of Amendment No. 2 is now needed to continue with Phase 2. Please also note that in November 2021, the City's Public Works Department will be applying to the DOH through the 2022 DWSRF for the Phase 3 Construction in the amount of $5M. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Recommendation: Staff recommends authorizing the Mayor to execute Amendment No. 2 to Contract No. C048-20 with Murraysmith, Inc. for Phase 2 of the 2020-2021 McCormick Woods Well No. 11 Site Improvement Project Final Design and Bid Support in the additional amount of $628,733. Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 2 to Contract No. C048-20 with Murraysmith Inc. for Phase 2 of the 2020-2021 McCormick Woods Well No. 11 Site Improvement Project Final Design and Bid Support in the additional amount of $628,733. Page 79 of 201 Back to Agenda Staff Report 7C Page 2 of 2 Fiscal Impact: The 2021-2022 Biennial budget appropriated $600,000 of REET 2 funding. The City will fully utilize the $510,000 preconstruction loan first, followed by the REET 2 appropriation in order to pay for the 100% design phase. Attachments: Amendment No. 2. Page 80 of 201 Back to Agenda CITY OF PORT ORCHARD Authorization for Amendment No. 2 Date: July 27, 2021 Contractor: MurraySmith, Inc. Well 11 Phase 1— Site Project: Improvement Project 600 University Street, Suite 300 Contract / Job # C048-20 Seattle, WA 98101 THIS CHANGE ORDER AUTHORIZES: Additional scope and budget to move from the Pre -Design Phase (30%) to Final Design and Bid Support. Contract History Amount Sales Tax Total Date Appvd by Original Contract $94,673.00 $0.00 $94,673.00 26-May-20 Council Amendment 1 $0.00 $0.00 $0.00 25-Nov-20 PW Director Amendment 2 $628,733.00 $0.00 $628,733.00 27-Jul-21 Council i i i i i Total Contract $723,406.00 $0.00 $723,406.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Printed Name & Title Public Works Director/City Engineer MARK R. DORSEY, P.E. Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest: $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. Mayor City Clerk Council Approval Date U:\Staff Reports GS50-05A-13\2021\20210727\7C 02 MurraySmith Contract Amendment 2.doc Page 1 Page 81 of 201 Back to Agenda To: City of Port Orchard Department of Public Work 216 Prospect Street Port Orchard, WA 98366 Attn: Mark Dorsey, PE murraysm►rth �- LETTER OF TRANSMITTAL Date: June 24, 2021 s Job No.: Re: McCormick Woods Well 11 Amendment #2 — Final Design Scope and Fee WE ARE SENDING YOU: Q Attached ❑ Plans ❑ Copies Date Description 1 6/24/2021 Final Design Scope and Fee THESE ARE TRANSMITTED as checked below: 0 For approval 0 For your use 0 As requested 0 For review/comment REMARKS: Dear Mark: Attached for your review are the McCormick Woods Well 11 Amendment 2 scope and fee estimate for final design and bid period services, including reimbursable expenses. The table summarizes the level of effort included in the attached. Please let me know if you have any questions as you review the documents. Please let us know when you would like to discuss the scope and fee. We look forward to continuing to work with you on this project. Thank you, Erika 600 University Street, Suite 300, Seattle, WA 98101 Page 82 of 201 p. 206-462-7030 1 www.murraysmith.us Mr. Mark Dorsey, PE June 24, 2021 Back to Agenda Page 2 Task Task Description Budget Percent of Total Notes 1 Project Management $34,816 5.6% Slightly below typical PM percent of total 2 Preliminary Design $148,497 23.6% 3 Permitting $76,958 12.3% Added SERP requirements due to DWSRF 4 Cultural Resources Review $6,416 1.0% 5 Public Outreach $4,336 0.7% 6 60 Percent Design $104,366 16.7% 7 90 Percent Design $96,801 15.5% 8 100 Percent Design $42,093 6.7% 9 Final Contract Documents $17,230 2.8% 10 Bid Period Services $22,264 3.6% 11 Water Treatment Design $52,873 8.5% Remove if treatment not required 12 Conditional Tasks/Contingency $22,083 3.5% 5% of Murraysmith labor Total Not to Exceed (includes reimbursables) $628,733 100% COPYTO: Jacki Brown (COPO) SIGNED: Adam Schuyler (Murraysmith) Erika Schuyler, PE, PIMP Principal Engineer Page 83 of 201 Back to Agenda EXHIBIT A SCOPE OF SERVICES Amendment No. 2 MCCORMICK WOODS WELL 11 SITE IMPROVEMENTS CITY OF PORT ORCHARD, WASHINGTON Project Understanding Under the Agreement for the McCormick Woods Well No. 11 Phase I — Site Improvement Project (Project) C048-20 dated May 26, 2020 between the City of Port Orchard (City) and Murraysmith, Inc. (Consultant), the Consultant was contracted to perform conceptual design engineering for the McCormick Woods Well No. 11. At the request of the City, Murraysmith has developed the following amendment to the scope of services based on our understanding of the work to advance the conceptual design developed in the first phase of work to a bid ready project, including preliminary design engineering, construction contract documents, and bid period services. Engineering services during construction are not included in this scope of services. The Project that includes: ■ New Well House, including: o Well pumps rated for 1,150 gpm o Valves and metering system o Piping to new booster pump station ■ New Booster Pump Station, including: o CMU Building o Booster Pumps o On -Site Generator o Onsite water treatment system with filtration backwash system, chlorination system, and fluoridation system o Electrical and instrumentation equipment for the Well 11 site, including onsite water treatment system ■ Decommissioning of Wells 1 and 2; Well 3 to be converted to a monitoring well ■ Repurposing/decommissioning/removal of two (2) existing 60,000-gallon concrete tanks ■ Yard piping connecting to existing water system and gravity sewer to convey backwash water to the City's sewer system City of Port Orchard I\AY9NY;f4V I McCormick Woods Well 11 Site Improvements March 2021 1 Back to Agenda ■ Site development, including: o Grading o Access Road improvements and parking o Stormwater management o Security, including lighting and fencing o Landscaping Scope of Services The Scope of Services consists of eleven tasks. ■ Task 1— Project Management ■ Task 2 — Preliminary Design ■ Task 3 — Permitting ■ Task 4 —Cultural Resources Review ■ Task 5 — Public Outreach ■ Task 6 — 60 Percent Final Design ■ Task 7 — 90 Percent Final Design ■ Task 8 — 100 Percent Final Design ■ Task 9 — Final Contract Documents (CDs) ■ Task 10 — Bid Period Services ■ Task 11—Water Treatment Design (Optional) ■ Task 12 — Conditional Tasks/Contingency Each phase consists of five components. 1. Objective: Purpose of the task 2. Activities: Specific project elements and efforts that will be completed by the Murraysmith project team 3. City Responsibilities: Elements that will be provided by the City 4. Deliverables: The finished product that will be delivered to the City via electronic and/or hard copy 5. Assumptions: Assumptions used to develop each Work Task Task 1— Project Management Objective Provide management of the project team, schedule, and budget. Murraysmith's project manager (PM) will maintain communication with the City and the team throughout the duration of the City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 85 of 201 2 Back to Agenda project, lead meetings and workshop discussions, keep the City up to date on project issues, and incorporate the City's input into the work product as appropriate. Activities Task 1.1— Project Kick -Off Meeting Prepare agenda and attend the Project kick-off meeting at City Hall, or via video conference due to coronavirus, to introduce key members of the project team, establish project objectives, review communication protocols, discuss the project scope and schedule, and tour the Well 11 site to review the initial field investigations in greater detail with City staff (if possible). Prepare meeting minutes for City review and comment. Incorporate City review comments and submit final minutes. Task 1.2 — Project Management Plan Prepare a Project Management Plan that includes the signed contract, scope of work and budget, contact list, baseline project schedule, quality assurance/quality control plan, and other project management procedures. Task 1.3 — Monthly Project Status Reports Prepare invoices and monthly reports using Earned Value Management (EVM) to include work completed, costs incurred, budget status (budget vs. estimated balance to complete), amendments, project schedule, any variance between planned and actual project performance, issues that may result in completion of any task beyond the established schedule or task budget, and issues that may result in an increase in Total Price. Schedule updates will be prepared using MS Project software. Task 1.4 — Coordination with the City Coordinate with the City via phone and email communication, including weekly 30 minutes project status phone calls between the Murraysmith and City project managers. Follow-up decision - making phone conversations with a recap via email. Manage and coordinate the Project technical and scope issues. Task 1.5 — Consultant Team Coordination Coordinate project team efforts, including sub -consultants, to monitor project progress, coordinate project team activities to keep the project on schedule, identify external coordination items with City staff or regulatory agencies and identify potential budget challenges. Internal team coordination to include one -hour, bi-weekly team conference calls with discipline leads and key team members. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 86 of 201 3 Back to Agenda City Responsibilities 1. Review project status reports, invoices, and schedule. 2. Review meeting agenda and minutes and provide comments to Murraysmith. Deliverables 1. One electronic (PDF) copy of monthly project updates and invoices 2. One electronic (PDF) copy of the Agenda and Minutes from the Project Kick-off Meeting Assumptions 1. The Project kick-off meeting will be attended by up to five (5) Murraysmith team members, including the project manager, design leads, and discipline leads. 2. Project duration is assumed to be 12 months; therefore 12 Monthly Progress Reports are included in the Scope of Work. Task 2 — Preliminary Design Objective Develop a preliminary design that incorporates the City's preferences, requirements, and constraints for input and refinement. This task is the start of the project's detailed design process and key design discipline leads begin their development of the design concept. The developed schematic design establishes the general scope, conceptual design, scale, and relationships among the project components, and includes discipline specific design ideas so that major process decisions such as equipment spacing, process type/configuration, redundancy, and 0&M preferences can be made by the City. Coordination with the Department of Health (DOH) is a critical component of Task 2. Activities 2.1 - Review Data and Information Review data and information provided by the City and extract relevant information for the project. Summarize design criteria using the Well 11 Guidelines and Well 11 Memo developed by BHC Consultants. Confirm design criteria with the City. Obtain available information from the City regarding the project, including but not limited to: ■ DOH Permit for well capacity City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 87 of 201 4 Back to Agenda ■ Water quality data for Well 11, other City wells, and City of Bremerton supply. 2.2 - Geotechnical Explorations and Report Review existing data and develop a preliminary site map with planned exploration locations for City approval. Complete an initial site visit, contact the "One -Call" Utility Notification Center prior to explorations, and explore subsurface conditions by advancing up to three soil borings to a depth of approximately 50 feet below ground surface (bgs) via hollow -stem auger methods using subcontracted drilling equipment and operators. Continuously monitor field drilling activities and maintain a log of subsurface conditions. Collect soil samples at approximate 2.5 to 5-foot intervals. Remove cuttings generated during drilling from the site. Backfill the borings in accordance with Washington State Department of Ecology guidelines. Conduct geotechnical laboratory testing on selected soil samples. Complete up to five moisture content tests, five particle -size distribution tests and three percent fines determinations (percent of material passing the U.S. No. 200 sieve). Prepare a written geotechnical report presenting findings, conclusions, and recommendations, including: ■ A project site plan showing approximate locations of explorations, summary exploration logs, laboratory test results, and appropriate engineering figures. ■ A summary of site soil and near -surface groundwater conditions. ■ Seismic design information in general accordance with the 2015 International Building Code (IBC) or other appropriate seismic design code. the potential for liquefaction, lateral spreading and surface fault rupture based on the encountered subsurface conditions will be discussed. ■ Recommendations for site preparation and earthwork, including temporary erosion and sedimentation controls, temporary and permanent slopes, estimated stripping and clearing depths, fill placement and compaction requirements, suitability of on -site material for use as structural fill, import fill requirements, wet weather considerations, groundwater handling, and site drainage. ■ Recommendations for shallow spread footing design, including foundation bearing surface preparation, setback and embedment criteria, design soil bearing pressures, lateral resistance values, and estimates of settlement. ■ Recommended active, passive, and at -rest lateral earth pressures for retaining walls and below -grade elements. ■ Recommendations for seismic surcharge pressures and drainage criteria. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 88 of 201 5 Back to Agenda ■ Recommendations for asphalt concrete pavement design, including subgrade development, subbase requirements and asphalt thickness. ■ Opinion of the suitability of site subsurface conditions to support stormwater infiltration. ■ Provide a preliminary estimate of the soil infiltration rate, based on grain -size correlations. If infiltration facilities will be used at the site, a more detailed stormwater infiltration testing program will likely be required. 2.3 — Preliminary Design Report/DOH Report Prepare a Preliminary Design Report utilizing DOH Project Report requirements that documents the project background, proposed improvements, design criteria, summary of the required permits and regulatory approvals, preliminary drawings developed to approximately 30% design level completion (approximately 18 of 68 construction drawings in the 30% Design Submittal for the General, Erosion Control, Civil, Restoration, Structural, Mechanical, Process and Instrumentation Diagrams (P&IDs), Electrical and Instrumentation and Controls (E&IC) design disciplines)preliminary list of specifications, discussion of operations and maintenance requirements, opinion of probable construction cost (OPCC), and project schedule. Included in the appendix are the technical memoranda from the services performed by subconsultants. Submit draft report to City for review and comment. Modify draft report based on City review comments and submit draft -final copies to DOH for review and approval. Incorporate DOH comments and submit final report to City and DOH. City Responsibilities 1. Review and comment on consultant deliverables. Deliverables 1. Workshop agendas and summaries 2. Draft and final Geotechnical report in PDF format 3. 30% design level plans in PDF format 4. OPCC and estimated construction schedule 5. Draft, draft -final, and final Preliminary Design Report/DOH Report in PDF format Assumptions 1. Geotechnical work can be completed during normal working hours and that if access or street use permits are required to drill at the site, they will be provided to us by City staff. 2. Shallow foundations are appropriate for support of the proposed structures. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 89 of 201 6 Back to Agenda 3. Geotechnical recommendations will be based on typical traffic loading for maintenance and parking areas. 4. Electrical engineering services provided by Industrial Services, Inc. 5. Structural engineering services provided by CG Engineering. 6. City review period is ten (10) working days. 7. City comments will be consolidated into one file before submitting to project team. Task 3 — Permitting Objective Determine and prepare applications for necessary project permits and regulatory approvals. Activities 3.1— Data Collection and Review Gather known information regarding habitat conditions at the site, such as the mapped presence of potential wetlands that occur on or adjacent to the project area. Compile soil, stream and wetland spatial data available from federal, state and local agencies. Additional information such as topographic maps, aerial photographs and street layers will also be reviewed prior to conducting field work and will be used to prepare a report documentation. 3.2 —Site Visit Conduct a site visit to assess the site for potential critical areas and document existing habitat conditions. 3.3 —Arrange for Pre -Application Meeting with City Department of Community Development Prepare for, arrange, and attend a pre -application meeting with the City Department of Community Development. 3.4 — SEPA Checklist Prepare SEPA checklist and the required exhibits for the environmental review process. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 90 of 201 7 Back to Agenda 3.5 — Letter Report Prepare a letter report that includes elements required by Port Orchard Municipal Code QPOMC] 20.162.096). The letter report will describe existing conditions at the site. A draft report and final report will be prepared; the final report can be submitted for permit processing. 3.6 — Biological Assessment Prepare a No Effect Biological Assessment (BA) report that will evaluate the effects of the project on Endangered Species Act (ESA) listed species. The BA will describe the construction methods, data collected, discussion of noted features of the site and proposed mitigation, if needed. The report will focus on the "major concerns that should be addressed in the BA" for the targeted threatened and endangered species. An 'Effects of the Action'section will be prepared based upon previously conducted fieldwork and review of the engineering plans for the project and mitigation, if needed. The preparation of the BA report will involve increased coordination with the project team and review of the project elements which pose concern to the regulatory agencies that review BA reports. Specific information regarding project sequencing, phasing, construction methods, equipment used, stormwater control and other details will need to be fully defined and reported. A draft and final No Effect BA report will be prepared. 3.7— Categorical Exclusion Prepare a categorical exclusion for the project. It is assumed that the lead agency for the project NEPA process will be the Environmental Protection Agency (EPA). 3.8 — Project Narrative Prepare a project narrative for the project that will be used in support of the project permitting. 3.9 — State Environmental Review Process (SERP) Prepare SERP documentation and assist the City with initiating the SERP process. It is anticipated that this will include an Investment Grade Efficiency Audit (IGEA), SERP cover sheet, cross -cutter checklist, and bid document attachments. 3.10 - Submit Final Plans and Specifications for DOH Approval Submit Final Plans and Specifications for DOH review and approval. Incorporate DOH comments into contract documents. 3.11 - City Permits Prepare required applications for City project permits/approvals including Major Land Disturbing Activity Permit, Stormwater Drainage Permit, Tree Cutting Land Disturbing Activity Permit, and Building Permit. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 91 of 201 8 Back to Agenda 3.12 - NPDES Construction Stormwater General Permit Prepare and submit Notice of Intent to Department of Ecology. Prepare Stormwater Pollution Prevention Plan (SWPPP). 3.13 —Assist with City Council Presentations Prepare for and assist with City Council Presentations. Two (2) presentations at City Council Meetings are assumed. City Responsibilities 1. Provide available documentation of critical areas and sensitive resources present within the project limits 2. City review period is ten (10) working days 3. City comments will be consolidated into one file before submitting to project team Deliverables 1. SEPA checklist submitted to City Department of Community Development in PDF format 2. Letter Report submitted to City in PDF format 3. No Effect BA Report submitted to Department of Ecology in PDF format 4. Categorical Exclusion submitted to EPA in PDF format 5. NPDES Notice of Intent submitted to Department of Ecology in electronic format 6. SWPPP submitted to City in PDF format 7. City permits 8. SERP documentation Assumptions 1. No wetlands or streams will be identified during the site visit. 2. The No Effect BA assumes informal consultation with the affected regulatory agencies. If formal ESA consultation with the services is required, a scope and budget amendment will be prepared to reflect the additional effort. 3. The project will qualify for a category exclusion for NEPA. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 92 of 201 9 Back to Agenda 4. A SEPA Determination of Non -Significance will be justified for the project. An EA or EIS will not be required. Task 4 —Cultural Resources Review Objective Provide a cultural resource review of the Well 11 site. Activities 4.1 — Data Review and Tribal Contact Prior to commencing fieldwork, contact the Suquamish Tribe Tribal Historic Preservation Officer (THPO) concerning the project. Conduct records searches of site forms and previous cultural resources reports on file at the Department of Archaeology and Historic Preservation (DAHP), and review other existing documentation that may be useful to determine cultural resources concerns or historical properties located within a 1-mile radius of the project area. Consult library and online resources to check historic land survey and patent maps, topographic maps, and other pertinent historical documents. 4.2 — Fieldwork Perform an intensive fieldwork to examine exposed ground surfaces for cultural resources. Conduct subsurface excavations using a systematic method to determine if unknown significant sites are present below the ground surface. Use shovel test probe (STP) excavations to determine the presence, extent, and structure of subsurface deposits, and assist in the determination of the nature of any identified site boundaries. Screen sediment from STP excavations through a %-inch hardware mesh. Document results, which include provenience location, artifact inventory, information on sediment type and color, termination depth, and general observations. Plot the locations of STP excavations plotted on project maps and include on report quality figures within the technical report. 4.3 —Archaeological Survey Report Document cultural resources identified during field survey on appropriate DAHP inventory forms. Prepare draft and final technical reports to document the results of the survey. City Responsibilities 1. One or more representatives of the City will review and approve the presentation materials and will attend the meetings with City residents. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 93 of 201 10 Back to Agenda Deliverables 1. Draft and Final Archaeological Survey Report in PDF format Assumptions 1. One day of fieldwork will be required for the project 2. A maximum of 10 STPs will be excavated 3. No cultural resources will be identified 4. If cultural resources are identified, an additional fee of $1,000 would be required to cover the cost of documentation 5. NRHP evaluation, data recovery, and/or on -site monitoring for any cultural resources identified will be performed under a separate contract. 6. Cultural Resources services provided by ASM Affiliates Task 5 — Public Outreach Objective Provide public outreach for project. Activities 5.1 General Public Outreach Prepare meeting presentation materials and lead meetings to inform the community of the Well 11 project and solicit public feedback. Prior to advertising the project for construction, conduct two (2) meetings to discuss and inform the residents of anticipated construction impacts. City Responsibilities 1. One or more representatives of the City will review and approve the presentation materials and will attend the meetings with City residents. Deliverables 1. Presentation materials — display boards and handouts 2. Meeting notices in PDF format City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 94 of 201 11 Back to Agenda 3. Meeting minutes in PDF format Assumptions None Task 6 — 60 Percent Design Objective Develop the design to approximately 60% design level completion. Provide approximately 50 of 68 construction drawings in the 60% Design Submittal for the General, Erosion Control, Civil, Restoration, Structural, Mechanical, Process and Instrumentation Diagrams (P&IDs), Electrical and Instrumentation and Controls (E&IC) design disciplines. The 60% Design Submittal to include construction drawings, major equipment specifications, 60% Engineer's OPCC and updated project schedule. Pump station will include space and building plumbing for future water treatment system. Sanitary sewer discharge piping from treatment system will conclude at cleanout outside of pump station building. Activities Task 6.1— Prepare 60% Design Drawings, Specifications, OPCC, and Schedule Develop the final design to 60% design level completion by preparing construction drawings, draft technical specifications, OPCC based on the 60% design level drawings and specifications. Update the project schedule based on the 60% design level, incorporating equipment lead times and vendor information. Task 6.2 — 60% Design Review Workshop with City Meet with City staff to review the 60% Design Submittal. The workshop is anticipated to be two (2) hours in duration and will be attended by up to three (3) members of the project team. City Responsibilities 1. Attendance at workshop and meetings. 2. Review workshop agenda and meeting summaries. 3. City to review and provide comments on draft submittal. Deliverables 1. One (1) electronic (PDF) copy of 60% Design Submittal including 60% OPCC and updated project schedule. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 95 of 201 12 Back to Agenda 2. One electronic (PDF) copy of agenda and minutes from the 60% Design Review Workshop with City. Assumptions 1. A total of one meeting/workshop is anticipated and will be attended by up to three (3) Murraysmith team members. 2. City review period is ten (10) working days. 3. City comments will be consolidated into one file before submitting to project team. Task 7 — 90 Percent Design Objective Develop the design to approximately 90% design level completion. Provide approximately 68 of 68 construction drawings in the 90% Design Submittal for the General, Erosion Control, Civil, Restoration, Structural, Mechanical, Process and Instrumentation Diagrams (P&IDs), Electrical and Instrumentation and Controls (E&IC) design disciplines. The 90% Design Submittal to include construction drawings, major equipment specifications, 90% Engineer's OPCC and updated project schedule. Activities Task 7.1 — Prepare 90% Design Drawings, Specifications, OPCC, and Schedule Develop the final design to 90% design level completion by preparing construction drawings, draft technical specifications, OPCC based on the 90% design level drawings and specifications. Update the project schedule based on the 90% design level, incorporating equipment lead times and vendor information. Task 7.2 — 90% Design Review Workshop with City Meet with City staff to review the 90% Design Submittal. The workshop will be budgeted for two (2) hours duration and will be attended by up to three (3) members of the project team. Task 7.3 — 90% Design Review Meeting with DOH Prepare an overview presentation and conduct a review meeting with DOH to present the 90% Design Submittal for review. The meeting is anticipated to be two (2) hours in duration and will be attended by two Murraysmith staff. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 96 of 201 13 Back to Agenda City Responsibilities 1. Attendance at workshop and meetings. 2. Review workshop agenda and meeting summaries. 3. City to review and provide comments on draft submittal. Deliverables 1. One (1) electronic (PDF) copy of 90% Design Submittal including 90% OPCC and updated project schedule. 2. One electronic (PDF) copy of agenda and minutes from the 90% Design Review Workshop with City. 3. One electronic (PDF) copy of agenda and minutes from the 90% Design Review Meeting with DOH. Assumptions 1. A total of two meetings/workshops are anticipated and will be attended by up to three Murraysmith team members. 2. City review period is ten (10) working days. 3. City comments will be consolidated into one file before submitting to project team. Task 8 —100 Percent Design Objective Develop the design to approximately 100% design level completion. Provide approximately 68 of 68 construction drawings in the 100% Design Submittal for the General, Erosion Control, Civil, Restoration, Structural, Mechanical, Process and Instrumentation Diagrams (P&IDs), Electrical and Instrumentation and Controls (E&IC) design disciplines. The 100% Design Submittal to include construction drawings, major equipment specifications, 100% Engineer's OPCC and updated project schedule. Activities Task 8.1— Prepare 100% Design Drawings, Specifications, OPCC, and Schedule Develop the final design to 100% design level completion by preparing construction drawings, draft technical specifications, OPCC based on the 100% design level drawings and specifications. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 97 of 201 14 Back to Agenda Update the project schedule based on the 100% design level, incorporating equipment lead times and vendor information. Task 8.2 —100% Design Review Workshop with City Meet with City staff to review the 100% Design Submittal. The workshop will be budgeted for two (2) hours duration and will be attended by up to three (3) members of the project team. City Responsibilities 1. Attendance at workshop and meetings. 2. Review workshop agenda and meeting summaries. 3. City to review and provide comments on draft submittal. Deliverables 1. One (1) electronic (PDF) copy of 100% Design Submittal including 100% OPCC and updated project schedule. 2. One electronic (PDF) copy of agenda and minutes from the 100% Design Review Workshop with City. Assumptions 1. A total of one meeting/workshop is anticipated and will be attended by up to three Murraysmith team members. 2. City review period is ten (10) working days. 3. City comments will be consolidated into one file before submitting to project team. Task 9 — Final Contract Documents (CDs) Objective Prepare Final Contract Documents (CDs) for bidding based on the 100% Design reviews. Activities Task 9.1— Prepare Final Contract Documents (Final CDs) Incorporate comments from final design reviews by the City following the 100% Design submittal and prepare Final CDs, including Project Manual with specification sections, final construction drawings, final Engineer's OPCC, and construction schedule. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 98 of 201 15 Back to Agenda City Responsibilities 1. Provide legal review of contract general conditions. 2. City to review and provide comments on draft submittal. Deliverables 1. One (1) hard copy and one electronic (PDF) copy of the Final Contract Documents, including Project Manual, construction drawings, OPCC and construction schedule. Assumptions 1. Drawings included in Final CDs will be 11x17. No full-size drawings will be provided. Task 10— Bid Period Services Objective Provide support to City staff during bidding to select the lowest responsive and responsible Bidder, assuming the City will lead the bidding process including advertisements for bids and distribution of documents, with technical support provided by the project team. Activities Task 10.1 — Mandatory Pre -Bid Meeting Prepare a meeting agenda and attend the Mandatory Pre -Bid Meeting with City staff, Contractors and other parties interested in the project. Provide sign -in sheets for the meeting and document questions and informal responses during the meeting, with formal responses issued as part of Addenda. Task 10.2 — Responses to Bidder Inquiries and Addenda Assist the City with responses to Bidder inquiries and questions. Assist the City with up to three (3) addenda if required. Task 10.3 — Bid Evaluation Support Following the Bid Opening, conduct an evaluation of bids and prepare a summary of bids. Conduct a review of qualifications for the three lowest bidders. Conduct review of the three (3) lowest Bidders and prepare an Engineer's Recommendation of Award for consideration by the City. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 99 of 201 16 Back to Agenda Task 10.4 — Conformed CDs Following bidding and prior to the start of construction, prepare Conformed CDs incorporating design changes and additional information provided in Addenda during the bidding process. Deliverables 1. One electronic (PDF) copy of the Mandatory Pre -Bid Meeting agenda and minutes. 2. One hard copy and one electronic (PDF) copy of the Mandatory Pre -Bid Meeting Questions and official responses. 3. On electronic (PDF) copy of the scanned sign -in sheet(s) from the Mandatory Pre -Bid Meeting. 4. One electronic (PDF) copy of each addendum. 5. One electronic (PDF) copy of the Engineer's Recommendation of Award, including Bid Tabulation. 6. Three (3) hard copies and one electronic (PDF) copy the Conformed CDs, including Project Manual and 11x17 construction drawings. Assumptions 1. The bidding process will be led by the City with support from Murraysmith as required for responding to Bidder inquiries and preparing addenda. 2. Uploading documents to an online plan center will be done by the City. 3. Pre -Bid Meeting will be attended by two (2) Murraysmith staff. 4. The Pre -Bid Meeting will be conducted at City Hall. 5. No responses to Bidder inquiries and questions within one week of the Bid Opening date will be provided unless the Bid Opening Date and Time are adjusted. 6. Responses to Bidder inquiries will be documented in addenda issued during the bidding process for full disclosure and maintaining a fair bidding process. 7. Support services for a Bidder protest or higher -level evaluation of Bidder qualifications is not included in this task. 8. Conformed contract documents will not be wet stamped. 9. Electronic copies, AutoCAD or similar format, will be provided to the General Contractor for reference only and to use at their own risk. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 100 of 201 17 Back to Agenda Task 11— Water Treatment Design Objective Provide ATEC water treatment system design Backwash water will be discharged to the City's sewer system via new sewers designed as part of this task. Preliminary sizing and layout will have occurred in the Preliminary Design Task, described above. Activities Task 11.1 — 60% Water Treatment Design Develop the final design to 60% design level completion by preparing construction drawings, draft technical specifications, OPCC based on the 60% design level drawings and specifications. Update the project schedule based on the 60% design level, incorporating equipment lead times and vendor information. Task 11.2 — 90% Water Treatment Design Develop the final design to 90% design level completion by preparing construction drawings, draft technical specifications, OPCC based on the 90% design level drawings and specifications. Update the project schedule based on the 90% design level, incorporating equipment lead times and vendor information. Task 11.3 —100% Water Treatment Design Develop the final design to 100% design level completion by preparing construction drawings, draft technical specifications, OPCC based on the 100% design level drawings and specifications. Update the project schedule based on the 100% design level, incorporating equipment lead times and vendor information. Task 11.4 — Final Water Treatment Design Incorporate comments from final design reviews by the City following the 100% Design submittal and prepare Final CDs, including Project Manual with specification sections, final construction drawings, final Engineer's OPCC, and construction schedule. Deliverables 1. The water treatment design deliverables will be coordinated and consolidated with the deliverables in Tasks 6, 7, 8, and 9. 2. Review of Water Treatment documents will coincide with review workshops as described in Tasks 6, 7, and 8. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 101 of201 18 Back to Agenda Assumptions 1. Up to 800 feet of sewer pipe design is included in the above task scope and fee estimate. Task 12 — Conditional Tasks/Contingency Objective Provide conditional tasks and project contingency budget for the project. Activities Task 12.1— Project Contingency Project contingency includes budget for additional, unanticipated labor and/or expenses not specifically identified in the scope of work tasks defined above. Such work items will be implemented on a work order basis and will be undertaken only after written authorization from the City's Project Manager. Deliverables 1. To be determined. Assumptions 1. Task 11.1 is based on 5% of Murraysmith total direct labor. Schedule Work will begin upon receipt of a signed contract and notice to proceed, or other agreeable written authorization. We will begin our work and proceed in a timely manner with an anticipated completion of final design byJune 2021 and bidding the project in the fall of 2022, assuming notice to proceed is given in April 2021. This schedule is based on timely input and information from City staff and others including the collection of requisite information and documentation, staff input, and feedback regarding design document(s) or other project matters. A baseline schedule will be provided at the Kick-off Meeting. Fee Estimate An engineering fee estimate has been prepared (Exhibit B) based on the detailed scope of services contained herein. City of Port Orchard MURRAYSMITH McCormick Woods Well 11 Site Improvements March 2021 Page 102 of 201 19 Back to Agenda filth City of Port Orchard °Y1 ' 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: Subject: Adoption of a Resolution Approving and Prepared by: Adopting the 2021-2030 Water Use Efficiency Goals and Performance Atty Routing No.: Measures Atty Review Date: July 27, 2021 Mark Dorsey, P.E. Public Works Director 366922.0013 — Water July 7. 2021 Summary: Earlier this evening, a Public Hearing was held to take testimony on the City's proposed Water Use Efficiency Goals and Measures. In 2003, the Washington State Legislature passed Engrossed Second Substitute House Bill 1338, better known as the Municipal Water Law, to address the increasing demand on the state's water resources. The law established that all municipal water suppliers must use water more efficiently in exchange for water right certainty and the flexibility to meet future demand. The legislature passed requirements in the Washington Administrative Code (WAC) 246-290 and directed the department of health to adopt an enforceable Water Use Efficiency (WUE) program, which became effective in January of 2007. Consistent with this law, the city must set a water use efficiency goal and measure progress each year toward meeting the goal. The goal must include a measurable outcome, address water supply characteristics, and include an implementation schedule. The city must also evaluate or implement efficiency measures to help meet the goal. By Resolution No. 049-21, the City sets a Water Use Efficiency goal of reducing the per capita water use by 0.5% annually over the next ten years. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Recommendation: Staff recommends that the City Council vote to adopt Resolution No. 049-21, thereby updating the Water Use Efficiency Goals and Measures. Motion for consideration: "I move to adopt Resolution No. 049-21, thereby updating the Water Use Efficiency Goals and Measures." Fiscal Impact: None. Alternatives: N/A Attachments: Resolution No. 049-21. Page 104 of 201 Back to Agenda RESOLUTION NO. 049-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPPROVING AND ADOPTING 2021 - 2030 WATER USE EFFICIENCY GOALS AND PERFORMANCE MEASURES FOR THE CITY OF PORT ORCHARD'S DRINKING WATER SYSTEMS. WHEREAS, in 2003 the Washington State legislature passed House Bill 1338, known as the Municipal Water Law, to address increasing demands on our state's water resources; and WHEREAS, the Washington State Department of Health was directed to oversee and enforce a Water Use Efficiency Program (WUE) to help support the goals of ensuring safe and reliable drinking water supplies; and WHEREAS, the City Council adopted by Resolution 091-09 on September 22, 2009, a goal of reducing the Single Family Residential water consumption from 160 gallons per day to 155 gallons per day by 2014, which is a 0.5% annual reduction; and WHEREAS, the City Council adopted by Ordinance 020-15 on November 11, 2015, a tiered water rate structure to encourage and stimulate customers to use less water; and WHEREAS, on July 27, 2021 the City held a duly -noticed public hearing on this Resolution; and WHEREAS, the City Council has considered staff presentations, proposals and public comment and finds it is in the best interests of the residents of the City to adopt the City's Water Use Efficiency Goals and Performance Measures set out herein for the City of Port Orchard for 2021 to 2030; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council approves and adopts the Water Use Efficiency goal of reducing the per capita water use by 0.5% annually over the next ten years. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 271h day of July 2021. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 105 of 201 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7E Subject: Adoption of a Resolution Authorizing the Mayor to Execute all Documents Required to Enter into an Assignment of Department of Natural Resources Aquatic Lands Lease No. 22-AO2336 Back to Agenda Meeting Date: July 27, 2021 Prepared by: Charlotte Archer City Attorney Atty Routing No.: 366922.0004 — Exec Atty Review Date: N/A Summary: The City of Port Orchard has negotiated a Purchase and Sale Agreement for the purchase of the current Kitsap Bank building, located at 619 Bay Street for the future South Kitsap Community Events Center, and the City Council has authorized the Mayor to execute the Agreement. As part of that purchase, the City has agreed to assume an existing lease of state-owned aquatic lands between Kitsap Bank and the Washington State Department of Natural Resources, Lease No. 22-A02336. The Lease covers an area of Sinclair Inlet and improvements thereupon, including 38,056 square feet of water -dependent use and 7.492 square feet of nonwater-dependent uses including a portion of the Kitsap Bank Building, the concrete seawall and rip -rap, pavement, landscaping and walkways. By its terms the Lease may be assigned to a subsequent purchaser, and the City has agreed to assume the existing Lease for its duration (set to expire May 31, 2025) and to negotiate a new Lease for the future Events Center. Pursuant to the terms of the Purchase and Sale Agreement, Kitsap Bank will continue to pay the costs associated with the Lease for the duration of its lease -back tenancy. Discussions regarding the assignment with DNR have commenced, and DNR has requested an affirmative statement of delegated authority to execute the Assignment from the City Council to the Mayor. Recommendation: Staff recommends the Council authorize the Mayor to execute an Assignment of the DNR Lease for the future South Kitsap Community Events Center, and all associated documents. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a Resolution authorizing the Mayor to execute an Assignment of DNR Lease No. 22-AO2336 and all associated documents for the future South Kitsap Community Events Center. Fiscal Impact: Budget and financing have been secured for this purchase; costs associated with the Lease will be the responsibility of Kitsap Bank for the duration of its tenancy. Alternatives: Not approve and provide further guidance. Attachments: Resolution and DNR Lease Agreement. Page 106 of 201 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN ASSIGNMENT OF LEASE NO. 22-AO2336 BETWEEN KITSAP BANK AND THE WASHINGTON STATE DEPARTMENT OF NATURAL RESOURCES FOR SINCLAIR INLET FOR THE FUTURE SOUTH KITSAP COMMUNITY LWIAL1k&S L1k"A WHEREAS, the City Council recently authorized the Mayor to execute a Purchase and Sale Agreement for the existing Kitsap Bank Building located at 619 Bay Street (the "Property"); and WHEREAS, the sale includes the assignment of an existing Lease for state-owned aquatic lands, Lease No. 22-A02336, between Kitsap Bank and the Washington State Department of Natural Resources ("DNR"), for Kitsap County Tax Parcel No. 262401-1-001-2004 (the "Lease"); and WHEREAS, the Lease covers an area of Sinclair Inlet and improvements thereupon, including 38,056 square feet of water -dependent use and 7.492 square feet of nonwater- dependent uses including a portion of the existing building, the concrete seawall and rip -rap, pavement, landscaping and walkways; and WHEREAS, assignment of the Lease from Kitsap Bank to the City is a condition of the Purchase and Sale Agreement, and is necessary for the future construction of the South Kitsap Community Events Center on the properties; and WHEREAS, the City Council desires to authorize the Mayor to execute the Assignment of the Lease and all associated documents in order to close on the purchase of the Property; 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 an Assignment of Lease No. 22-AO2336 between Kitsap Bank and the Washington State Department of Natural Resources, for the City to assume the terms of that Lease. The Mayor is authorized to execute all documentation necessary to effectuate the assignment. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. Page 107 of 201 Back to Agenda Resolution No. Page 2 of 2 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 271" day of July 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 108 of 201 200603220008 Page: 1 of 32 C3:'� ; cririE; r_1Sr:24A GARY CHREr' LEASE $63.08 Kitsap Co, WA Return Address: SHIERS, CHREY, COX, DIGIOVANNI, ZAK & KAMBICH, LLP 600 Kitsap Street, Suite 202 Port Orchard, WA 98366 Document Title:: Aquatic Lands Lease (Commercial) No. 22-AO2336 Reference Number(s) of Documents assigned or released: NONE Grantor(s) State of Washington, Department of Natural Resources Grantee(s) Kitsap Bank Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Block 11, Sidney Tidelands, Section 26, Township 24 North, Range 1 East, W.M., Kitsap County, WA Additional legal is on Exhibit A of document. Assessor's Property Tax Parcel/Account Number 262401-1-001-2004 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. Page 109 of 201 Back to Agenda STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS LEASE (Commercial) TABLE OF CONTENTS SECTION PAGE BACKGROUND............................................................................................................................. l 1. PROPERTY...........................................................................................................................1 1.1 Property Defined................................................................................................................ 1 1.2 Survey, Maps, and Plans.................................................................................................... 1 1.3 Inspection........................................................................................................................... 1 2. USE........................................................................................................................................2 2.1 Permitted Use................................................................................................................... 2 2.2 Restrictions on Use............................................................................................................ 2 2.3 Conformance with Laws.................................................................................................... 2 2.4 Liens and Encumbrances................................................................................................... 2 3. TERM....................................................................................................................................2 3.1 Term Defined..................................................................................................................... 2 3.2 Renewal of the Lease......................................................................................................... 2 3.3 Delay in Delivery of Possession........................................................................................ 3 3.4 End of Term....................................................................................................................... 3 3.5 Hold Over.......................................................................................................................... 3 4. RENT.....................................................................................................................................3 4.1 Annual Rent....................................................................................................................... 3 4.2 Payment Place.................................................................................................................... 3 4.3 Adjustment Based on Use.................................................................................................. 4 4.4 Rent Adjustments for Water -Dependent Uses................................................................... 4 4.5 Rent Adjustments for Nonwater-Dependent Uses............................................................. 4 4.6 Rent Adjustment Procedures............................................................................................. 5 Form Date: May, 2005 i Commercial Lease No. 22-AO2336 200603220008 Fa iccr'�fItJF } 65:24H GRRY CHREY LEASE $6 t_0 Ki+sap Cr,� WR Back to Agenda 5. OTHER EXPENSES.............................................................................................................5 5.1 Utilities.............................................................................................................................. 5 5.2 Taxes and Assessments..................................................................................................... 5 5.3 Right to Contest................................................................................................................. 5 5.4 Proof of Payment............................................................................................................... 6 5.5 Failure to Pay................................................................................................ ............. 6 6. LATE PAYMENTS AND OTHER CHARGES...................................................................6 6.1 Late Charge........................................................................................................................ 6 6.2 Interest Penalty for Past Due Rent and Other Sums Owed ............................................... 6 6.3 No Accord and Satisfaction............................................................................................... 6 6.4 No Counterclaim, Setoff, or Abatement of Rent 6 7. ............................................................... IMPROVEMENTS................................................................................................................6 7.1 Existing Improvements ............................. 7.2 Tenant -Owned Improvements........................................................................................... 7 7.3 Construction.......................................................................................................................7 7.4 Removal.............................................................................................................................7 7.5 Unauthorized Improvements............................................................................................. 7 8. ENVIRONMENTAL LIABILITY/RISK ALLOCATION...................................................8 8.1 Definition...........................................................................................................................8 8.2 Use of Hazardous Substances............................................................................................ 8 8.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate ................................. 8 8.4 Notification and Reporting................................................................................................ 9 8.5 Indemnification................................................................................................................ 10 8.6 Cleanup............................................................................................................................11 8.7 Sampling by State, Reimbursement, and Split Samples .................................................. 11 8.8 Reservation of Rights...................................................................................................... 12 9. ASSIGNMENT AND SUBLETTING................................................................................12 9.1 State Consent Required................................................................................................... 12 9.2 Event of Assignment....................................................................................................... 13 9.3 Rent Payments Following Assignment............................................................................ 13 9.4 Terms of Subleases.......................................................................................................... 13 9.5 Routine Subleasing of Moorage Slips............................................................................. 14 10. INDEMNITY, FINANCIAL SECURITY, INSURANCE..................................................14 10.1 Indemnity..................................................................................................................... 14 10.2 Financial Security......................................................................................................... 14 10.3 10.4 Insurance...................................................................................................................... State's Acquisition of Insurance................................................................................... 15 17 11. MAINTENANCE AND REPAIR.......................................................................................17 11.1 State's Repairs.............................................................................................................. 17 11.2 Tenant's Repairs, Alteration, Maintenance and Replacement ...................................... 17 12. DAMAGE OR DESTRUCTION.........................................................................................18 13. CONDEMNATION.............................................................................................................18 13.1 Definitions.................................................................................................................... 18 13.2 Effect of Taking........................................................................................................... 19 Form Date: May, 2005 ii Commercial Lease No. 22-AO2336 200603220008 Page: 3 of 312 LEASE �U3.OA l itcpLCo, WA � c�A Back to Agenda 13.3 Allocation of Award..................................................................................................... 19 14. DEFAULT AND REMEDIES.............................................................................................19 15. ENTRY BY STATE............................................................................................................20 16, DISCLAIMER OF QUIET ENJOYMENT.........................................................................20 17. NOTICE...............................................................................................................................21 18. MISCELLANEOUS ............................................................................................................21 18.1 Authority...................................................................................................................... 21 18.2 Successors and Assigns................................................................................................ 21 18.3 Headings.......................................................................................................................21 18.4 Entire Agreement......................................................................................................... 21 18.5 Waiver.......................................................................................................................... 22 18.6 Cumulative Remedies.................................................................................................. 22 18.7 Time is of the Essence.................................................................................................. 22 18.8 Language...................................................................................................................... 22 18.9 Invalidity...................................................................................................................... 22 18.10 Applicable Law and Venue.......................................................................................... 22 18.11 Recordation.................................................................................................................. 22 18.12 Modification.................................................................................................................22 EXHIBIT A: LEGAL DESCRIPTION AND SURVEY EXHIBIT B: PLAN OF OPERATIONS AND MAINTENANCE 200603220008 3,/s"2/Ee _a of C9 248 CHARY CHREY LEASE 3£.:3 NCI hisap Co, WA Form Date: May, 2005 iii Commercial Lease No. 22-AO2336 Page 112 of 201 Back to Agenda STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES DOUG SUTHERLAND, Commissioner of Public Lands AQUATIC LANDS LEASE (Commercial) AQUATIC LANDS LEASE NO.22-AO2336 THIS LEASE is made by and between the STATE OF WASHINGTON, acting through the Department of Natural Resources ("State"), and KITSAP BANK, a Washington corporation ("Tenant"). BACKGROUND Tenant desires to lease the aquatic lands commonly known as Sinclair Inlet, which is a harbor area located in Kitsap County, Washington, from State, and State desires to lease the property to Tenant pursuant to the terms and conditions of this Lease. THEREFORE, the parties agree as follows: SECTION 1 PROPERTY 1.1 Property Defined. State leases to Tenant and Tenant leases from State the real property described in Exhibit A together with all the rights of State, if any, to improvements on and easements benefiting the Property, but subject to the exceptions and restrictions set forth in this Lease (collectively the "Property"). This Lease is subject to all valid interests of third parties noted in the records of Kitsap County, or on file in the office of the Commissioner of Public Lands, Olympia, Washington; rights of the public under the Public Trust Doctrine or federal navigation servitude; and treaty rights of Indian Tribes. Not included in this Lease are any right to harvest, collect or damage any natural resource, including aquatic life or living plants, any water rights, or any mineral rights, including any right to excavate or withdraw sand, gravel, or other valuable materials. State reserves the right to grant easements and other land uses on the Property to others when the easement or other land uses will not unreasonably interfere with Tenant's Permitted Use. 1.2 Survey, Maps, and Plans. In executing this Lease, State is relying on the surveys, plats, diagrams, and/or legal descriptions provided by Tenant. Tenant is not relying upon and State is not making any representations about any survey, plat, diagram, and/or legal description provided by State. 1.3 Inspection. State makes no representation regarding the condition of the Property, improvements located on the Property, the suitability of the Property for Tenant's Permitted Use, compliance with governmental laws and regulations, availability of utility rights, access to the Property or the existence of hazardous substances on the Property. Tenant has inspected the Property and accepts it "AS IS." Form Date: May, 2005 1 of 25 Commercial Lease No. 22-AO2336 200603220008 0} .icy C�.Ji,LLi'LC�F' Fs'L4A GAR`' CHREY LEASE $63.0r_+ Kitsap Co, WA SECTION 2 USE 2.1 Permitted Use. Tenant shall use the Property for a public access and bank building (the "Permitted Use"), and for no other purpose. The Permitted Use is described or shown in greater detail in Exhibit B, the terms and conditions of which are incorporated by reference and made a part of this Lease. The parties agree that this is a mixed use, with 38,056 square feet of water - dependent use, 7,492 square feet of nonwater-dependent use. 2.2 Restrictions on Use. Tenant shall not cause or permit any damage to natural resources on the Property. Tenant shall also not cause or permit any filling activity to occur on the Property. This prohibition includes any deposit of rock, earth, ballast, refuse, garbage, waste matter (including chemical, biological or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Property, except as approved in writing by State. Tenant shall neither commit nor allow waste to be committed to or on the Property. If Tenant fails to comply with all or any of the restrictions on the use of the Property set out in this Subsection 2.2, State shall notify Tenant and provide Tenant a reasonable time to take all steps necessary to remedy the failure. If Tenant fails to do so in a timely manner, then State may take any steps reasonably necessary to remedy this failure. Upon demand by State, Tenant shall pay all costs of such remedial action, including but not limited to the costs of removing and disposing of any material deposited improperly on the Property. This section shall not in any way limit Tenant's liability under Section 8, below. The prohibitions in this section against damage to natural resources, filling, deposition of any unapproved materials, and waste, shall also apply to protect state-owned aquatic lands adjacent to the Property from any of Tenant's activities related to Tenant's occupation of the Property. All obligations imposed by this section on Tenant to cure any violation of the prohibited activities in this section shall also extend to state-owned aquatic lands adjacent to the Property when the violation arose from Tenant's activities related to Tenant's occupation of the Property. 2.3 Conformance with Laws. Tenant shall, at all times, keep current and comply with all conditions and terms of any permits, licenses, certificates, regulations, ordinances, statutes, and other government rules and regulations regarding its use or occupancy of the Property. 2.4 Liens and Encumbrances. Tenant shall keep the Property free and clear of any liens and encumbrances arising out of or relating to its use or occupancy of the Property. SECTION 3 TERM 3.1 Term Defined. The term of this Lease is twenty (20) years (the "Term"), beginning on the lst day of June, 2005 (the "Commencement Date"), and ending on the 31st day of May, 2025 (the "Termination Date"), unless terminated sooner under the terms of this Lease. 3.2 Renewal of the Lease. Tenant shall have the option to renew this Lease for zero (0) additional terms of N/A years each. The initial Term of this Lease, and all renewal terms, shall not exceed twenty (20) years in the aggregate. Tenant shall exercise this option by providing Form Date: May, 2005 2 of 25 Commercial Lease No. 22-AO2336 200603220008 Page: 6 d£ 32 03VGAR CHRE`�' LEASE ?.��E+ Kitsap CS A O, OA ftk to Agenda written notice of its election to renew at least ninety (90) days prior to the Termination Date of the initial Term or any renewal term of this Lease. Tenant shall not be entitled to renew if it is in default under the terms of this Lease at the time the option to renew is exercised. The terms and conditions of any renewal term shall be the same as set forth in this Lease, except that rent shall be recalculated, the required amounts of financial security may be revised, and provisions dealing with hazardous waste or impacts to natural resources may be changed at the time of the renewal. 3.3 Delay in Delivery of Possession. If State, for any reason whatsoever, cannot deliver possession of the Property to Tenant on the Commencement Date, this Lease shall not be void or voidable, nor shall State be liable to Tenant for any loss or damage resulting from the delay in delivery of possession. In such event, the date of delivery of possession shall be the Commencement Date for all purposes, including the payment of rent. In the event Tenant takes possession before the Commencement Date, the date of possession shall be the Commencement Date for all purposes, including the payment of rent. If the Lease Term commences earlier or later than the scheduled Commencement Date, the Termination Date shall be adjusted accordingly. 3.4 End of Term. Upon the expiration or termination of the Term or extended term, as applicable, Tenant shall surrender the Property to State in the same or better condition as on the Commencement Date, reasonable wear and tear excepted. 3.5 Hold Over. If Tenant remains in possession of the Property after the Termination Date, the occupancy shall not be an extension or renewal of the Term. The occupancy shall be a month -to -month tenancy, on terms identical to the terms of this Lease, which may be terminated by either party on thirty (30) days written notice. The monthly rent during the holdover shall be the same rent which would be due if the Lease were still in effect and all adjustments in rent were made in accordance with its terms. If State provides a notice to vacate the Property in anticipation of the termination of this Lease or at any time after the Termination Date and Tenant fails to do so within the time set forth in the notice, then Tenant shall be a trespasser and shall owe the State all amounts due under RCW 79.01.760 or other applicable law. SECTION 4 RENT 4.1 Annual Rent. Until adjusted as set forth below, Tenant shall pay to State an annual rent of, consisting of Zero Dollars ($0) related to the water -dependent use, and, Twelve Thousand Nine Hundred Ninety One Dollars and Fifty Cents ($12,991.50) related to the nonwater- dependent use. The annual rent, as it currently exists or as adjusted or modified (the "Annual Rent"), shall be due and payable in full on or before the Commencement Date and on or before the same date of each year thereafter. 4.2 Payment Place. Payment is to be made to Financial Management Division, 1111 Washington St SE, PO Box 47041, Olympia, WA 98504-7041. Form Date: May, 2005 3 of 25 Commercial Lease No. 22-AO2336 200603220008 page : ige: nn? of 3��yy 63/22i 23606 09' 24A GARY CHREY LEASE i�3.0@ Kitsap Co, WA Back to Agenda 4.3 Adjustment Based on Use. Annual Rent is based on Tenant's Permitted Use of the Property, as described in Section 2 above. If Tenant's Permitted Use changes, the Annual Rent shall be adjusted as appropriate for the changed use. 4.4 Rent Adjustments for Water -Dependent Uses. (a) Inflation Adjustment. State shall adjust water -dependent rent annually pursuant to RCW 79.90.450 -902, except in those years in which the rent is revalued under Subsection 4.4(b) below. This adjustment shall be effective on the anniversary of the Commencement Date. (b) Revaluation of Rent. State shall, at the end of the first four-year period of the Term, and at the end of each subsequent four-year period, revalue the water -dependent Annual Rent in accordance with RCW 79.90.450-.902. (c) Rent Cap. After the initial year's rent is determined under Subsection 4.1, rent may increase by operation of Subsection 4.4(a) or 4.4(b). If application of the statutory rent formula for water -dependent uses would result in an increase in the rent attributable to such uses of more than fifty percent (50%) in any one year, the actual increase implemented in such year shall be limited to fifty percent (50%) of the then -existing rent, in accordance with RCW 79.90.490. The balance of the increase determined by the formula shall be deferred to subsequent years and added to the next and subsequent years' rental increases until the full amount of the increase is lawfully implemented. 4.5 Rent Adjustments for Nonwater-Dependent Uses. (a) Inflation Adjustment. Except in those years in which the rent is revalued under Subsection 4.5(b), below, -State shall adjust the nonwater-dependent rent annually on the anniversary of the Commencement Date by an amount equal to the percentage increase in the most recently published Consumer Price Index, All Urban Consumers, for the Seattle -Everett SMSA, over the Consumer Price Index for the preceding anniversary of the Commencement Date. All items 1982-84 = 100, as published by the US Department of Labor, Bureau of Labor Statistics. If publication of the Consumer Price Index is discontinued, a reliable governmental or other nonpartisan publication evaluating the information used in determining the Consumer Price Index shall be used. (b) Revaluation of Rent. State shall, at the end of the first four-year period of the Term, and at the end of each subsequent four-year period, revalue the nonwater- dependent Annual Rent to reflect the then -current fair market rent. In the event that agreement cannot be reached between State and Tenant on the fair market rental value, the valuation shall be submitted to a review board of appraisers. The board shall consist of three members, one selected by and at the cost of Tenant; a second member selected by and at the cost of State; and a third member selected Form Date: May, 2005 4 of 25 Commercial Lease No. 22-AO2336 200603220008 Page: cif 32 -01 LEASE P33.00 Kits 'rj C , OA `4A fthd&Agenda by the other two members with the cost shared equally by State and Tenant. The decision of the majority of the board shall be binding on both parties. Until the new rent is established by agreement or by the review board, Tenant shall pay rent in the same amount established for the preceding year. If additional rent is required as a result of this review, Tenant shall pay the additional rent within ten (10) days of the board's decision. If a refund is required as a result of this review, State shall pay the refund within ten (10) days of the board's decision.] 4.6 Rent Adjustment Procedures. (a) Notice of Rent Adjustment. Notice of any adjustments to the Annual Rent that are allowed by Subsection 4.4(b) and 4.5(b) shall be provided to Tenant in writing no later than ninety (90) days after the anniversary date of the Lease. (b) Procedures on Failure to make Timely Adjustment. In the event the State fails to provide the notice required in Subsection 4.6(a), it shall be prohibited from collecting any adjustments to rent only for the year in which it failed to provide notice. No failure by State to adjust Annual Rent pursuant to Subsection 4.6(a) shall affect the State's right to establish Annual Rent for a subsequent lease year as if the missed or waived adjustment had been implemented. The State may adjust, bill, and collect Annual Rent prospectively as if any missed or waived adjustments had actually been implemented. This includes the implementation of any inflation adjustment and any rent revaluations that would have been authorized for previous lease years. SECTION 5 OTHER EXPENSES During the Term, Tenant shall pay the following additional expenses: 5.1 Utilities. Tenant shall pay all fees charged for utilities in connection with the use and occupancy of the Property, including but not limited to electricity, water, gas, and telephone service. 5.2 Taxes and Assessments. Tenant shall pay all taxes (including leasehold excise taxes), assessments, and other governmental charges, of any kind whatsoever, applicable or attributable to the Property, Tenant's leasehold interest, the improvements, or Tenant's use and enjoyment of the Property. 5.3 Right to Contest. Tenant may, in good faith, contest any tax or assessment at its sole cost and expense. At the request of State, Tenant shall furnish reasonable protection in the form of a bond or other security, satisfactory to State, against any loss or liability by reason of such contest. Form Date: May, 2005 5 of 25 Commercial Lease No. 22-AO2336 200603220008 Page: 9 of 32 C+9:24A GAR`i' CHREY LEASE $63.66 Kit._ap Co, WA Back to Agenda 5.4 Proof of Payment. Tenant shall, if required by State, furnish to State receipts or other appropriate evidence establishing the payment of any amounts required to be paid under the terms of this Lease. 5.5 Failure to Pay. If Tenant fails to pay any of the amounts due under this Lease, State may pay the amount due, and recover its cost in accordance with the provisions of Section 6. SECTION 6 LATE PAYMENTS AND OTHER CHARGES 6.1 Late Charge. If any rental payment is not received by State within ten (10) days of the date due, Tenant shall pay to State a late charge equal to four percent (4%) of the amount of the payment or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of State incident to the delay. 6.2 Interest Penalty for Past Due Rent and Other Sums Owed. If rent is not paid within thirty (30) days of the date due, then Tenant shall, in addition to paying the late charges determined under Subsection 6.1, above, pay interest on the amount outstanding at the rate of one percent (1 %) per month until paid. If State pays or advances any amounts for or on behalf of Tenant, including but not limited to leasehold taxes, taxes, assessments, insurance premiums, costs of removal and disposal of unauthorized materials pursuant to Section 2 above, costs of removal and disposal of improvements pursuant to Section 7 below, or other amounts not paid when due, Tenant shall reimburse State for the amount paid or advanced and shall pay interest on that amount at the rate of one percent (1 %) per month from the date State notifies Tenant of the payment or advance. 6.3 No Accord and Satisfaction. If Tenant pays, or State otherwise receives, an amount less than the full amount then due; State may apply such payment as it elects. In the absence of an election, the payment or receipt shall be applied first to accrued taxes which State has advanced or may be obligated to pay, then to other amounts advanced by State, then to late charges and accrued interest, and then to the earliest rent due. State may accept any payment in any amount without prejudice to State's right to recover the balance of the rent or pursue any other right or remedy. No endorsement or statement on any check, any payment, or any letter accompanying any check or payment shall constitute or be construed as accord and satisfaction. 6.4 No Counterclaim, Setoff, or Abatement of Rent. Except as expressly set forth elsewhere in this Lease, rent and all other sums payable by Tenant pursuant to this Lease shall be paid without the requirement that State provide prior notice or demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement. SECTION 7 IMPROVEMENTS 7.1 Existing Improvements. On the Commencement Date, the following improvements are located on the Property: portion of bank building and pilings ("Existing Improvements"). The improvements are not owned by State. Form Date: May, 2005 6 of 25 Commercial Lease No. 22-AO2336 200603220008 R,g22rL11 Rat CIS: 24A .uRr i NRFY LEASE $63.00 Kitsap CO, UA ,Pack to Agenda 7.2 Tenant -Owned Improvements. So long as this Lease remains in effect, Tenant shall retain ownership of all Existing Improvements, and all authorized improvements and trade fixtures it may place on the Property (collectively "Tenant -Owned Improvements"). Tenant - Owned Improvements shall not include any construction, reconstruction, alteration, or addition to any Unauthorized Improvements as defined in Subsection 7.5 below. No Tenant -Owned Improvements shall be placed on the Property without State's prior written consent. 7.3 Construction. Prior to any construction, alteration, replacement, removal or major repair of any improvements (whether State -Owned or Tenant -Owned), Tenant shall submit to State plans and specifications, which describe the proposed activity. Construction shall not commence until State has approved those plans and specifications in writing and Tenant has obtained a performance and payment bond in an amount equal to 125% of the estimated cost of construction. The performance and payment bond shall be maintained until the costs of construction, including all laborers and material persons, have been paid in full. State shall have sixty (60) days in which to review the proposed plans and specifications. The plans and specifications shall be deemed approved and the requirement for State's written consent shall be treated as waived, unless State notifies Tenant otherwise within the sixty (60) days. Upon completion of construction, Tenant shall promptly provide State with as -built plans and specifications. State's consent and approval shall not be required for any routine maintenance or repair of improvements made by the Tenant pursuant to its obligation to maintain the Property in good order and repair that does not result in the construction, alteration, replacement, removal, or major repair of any improvements on the Property. 7.4 Removal. Tenant -Owned Improvements shall be removed by Tenant by the Termination Date unless State notifies Tenant that the Tenant -Owned Improvements may remain. If the State elects for the Tenant -Owned Improvements to remain on the Property after the Termination Date, they shall become the property of State without payment by State (if the provisions of RCW 79.94.320 or RCW 79.95,040 apply, Tenant shall be entitled to the rights provided in the statute). To the extent that Tenant -Owned Improvements include items of personal property which may be removed from the leasehold premises without harming the Property, or diminishing the value of the Property or the improvements, the State asserts no ownership interest in these improvements unless the parties agree otherwise in writing upon termination of this Lease. Any Tenant -Owned Improvements specifically identified as personal property in Exhibit A or B shall be treated in accordance with this provision. Tenant shall notify State at least one hundred eighty (180) days before the Termination Date if it intends to leave the Tenant - Owned Improvements on the Property. State shall then have ninety (90) days in which to notify Tenant that it wishes to have the Tenant -Owned Improvements removed or elects to have them remain. Failure to notify Tenant shall be deemed an election by State that the Tenant -Owned Improvements will remain on the Property. If the Tenant -Owned Improvements remain on the Property after the Termination Date without State's actual or deemed consent, they still will become the property of the State but the State may remove them and Tenant shall pay the costs of removal and disposal upon State's demand. 7.5 Unauthorized Improvements. Improvements made on the Property without State's prior consent pursuant to Subsection 7.3 or which are not in conformance with the plans Form Date: May, 2005 7 of 25 Commercial Lease No. 22-AO2336 200603220008 Page: 11 of 32 N3; c e,''�r3EJF, 09: 24A C,AZ agnRVM of 201 LEASE V3.00 K:itsap Co, OR submitted to and approved by State ("Unauthorized Improvements") shall immediately become the property of State, unless State elects otherwise. Regardless of ownership of Unauthorized Improvements, State may, at its option, require Tenant to sever, remove, and dispose of them, charge Tenant rent for the use of them, or both. If Tenant fails to remove an Unauthorized Improvement upon request, State may remove it and charge Tenant for the cost of removal and disposal. SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION 8.1 Definition. "Hazardous Substance" means any substance which now or in the future becomes regulated or defined under any federal, state, or local statute, ordinance, rule, regulation, or other law relating to human health, environmental protection, contamination or cleanup, including, but not limited to, the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA"), 42 U.S.C. 9601 et seq., and Washington's Model Toxics Control Act ("MTCA"), RCW 70.105D.010 et seq. 8.2 Use of Hazardous Substances. Tenant covenants and agrees that Hazardous Substances will not be used, stored, generated, processed, transported, handled, released, or disposed of in, on, under, or above the Property, except in accordance with all applicable laws. 8.3 Current Conditions, Duty of Utmost Care, and Duty to Investigate. (a) State makes no representation about the condition of the Property. Hazardous Substances may exist in, on, under, or above the Property. With regard to any Hazardous Substances that may exist in, on, under, or above the Property, State disclaims any and all responsibility to conduct investigations, to review any State records, documents or files, or to obtain or supply any information to Tenant. (b) Tenant shall exercise the utmost care with respect to both Hazardous Substances in, on, under, or above the Property as of the Commencement Date, and any Hazardous Substances that come to be located in, on, under, or above the Property during the Term of this agreement, along with the foreseeable acts or omissions of third parties affecting those Hazardous Substances, and the foreseeable consequences of those acts or omissions. The obligation to exercise utmost care under this Subsection 8.3 includes, but is not limited to, the following requirements: (1) Tenant shall not undertake activities that will cause, contribute to, or exacerbate contamination of the Property; (2) Tenant shall not undertake activities that damage or interfere with the operation of remedial or restoration activities on the Property or undertake activities that result in human or environmental exposure to contaminated sediments on the Property; Form Date: May, 2005 8 of 25 Commercial Lease No. 22-AO2336 200603220008 y� F�3�;la: 12 of 32 GAeren �21Q of 201 LEASE M.;, t�G f�it21p Co, NA �1 24A Back to Agenda (3) Tenant shall not undertake any activities that result in the mechanical or chemical disturbance of on -site habitat mitigation; (4) If requested, Tenant shall allow reasonable access to the Property by employees and authorized agents of the Environmental Protection Agency, the Washington State Department of Ecology, or other similar environmental agencies; and (5) If requested, Tenant shall allow reasonable access to potentially liable or responsible parties who are the subject of an order or consent decree which requires access to the Property. Tenant's obligation to provide access to potentially liable or responsible parties may be conditioned upon the negotiation of an access agreement with such parties, provided that such agreement shall not be unreasonably withheld. (c) It shall be Tenant's obligation to gather sufficient information concerning the Property and the existence, scope, and location of any Hazardous Substances on the Property, or adjoining the Property, that allows Tenant to effectively meet its obligations under this lease. 8.4 Notification and Reporting. (a) Tenant shall immediately notify State if Tenant becomes aware of any of the following: (1) A release or threatened release of Hazardous Substances in, on, under, or above the Property, any adjoining property, or any other property subject to use by Tenant in conjunction with its use of the Property; (2) Any problem or liability related to, or derived from, the presence of any Hazardous Substance in, on, under, or above the Property, any adjoining property, or any other property subject to use by Tenant in conjunction with its use of the Property; (3) Any actual or alleged violation of any federal, state, or local statute, ordinance, rule, regulation, or other law pertaining to Hazardous Substances with respect to the Property, any adjoining property, or any other property subject to use by Tenant in conjunction with its use of the Property; (4) Any lien or action with respect to any of the foregoing; or, (5) Any notification from the US Environmental Protection Agency (EPA) or the Washington State Department of Ecology (DOE) that remediation or removal of Hazardous Substances is or may be required at the Property. Form Date: May, 2005 A of 25 Commercial Lease No. 22-AO2336 200603220008 Page: 13 of o2 UAROWE:Yl of 201 LEti ;E ::I, CN K1#•Syp�l•'u�F `jH@H 24A (b) Upon request, Tenant shall provide State with copies of any and all reports, studies, or audits which pertain to environmental issues or concerns associated with the Property, and which were prepared for Tenant and submitted to any federal, state or local authorities pursuant to any federal, state or local permit, license or law. These permits include, but are not limited to, any National Pollution Discharge and Elimination System Permit, any Army Corps of Engineers permit, any State Hydraulics permit, any State Water Quality certification, or any Substantial Development permit. 8.5 Indemnification. (a) Tenant shall fully indemnify, defend, and hold State harmless from and against any and all claims, demands, damages, natural resource damages, response costs, remedial costs, cleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, other proceedings, costs, and expenses (including attorneys' fees and disbursements), that arise out of, or are in any way related to: (1) The use, storage, generation, processing, transportation, handling, or disposal of any Hazardous Substance by Tenant, its subtenants, contractors, agents, employees, guests, invitees, or affiliates in, on, under, or above the Property, any adjoining property, or any other property subject to use by Tenant in conjunction with its use of the Property, during the Term of this Lease or during any time when Tenant occupies or occupied the Property or any such other property; (2) The release or threatened release of any Hazardous Substance, or the exacerbation of any Hazardous Substance contamination, in, on, under, or above the Property, any adjoining property, or any other property subject to use by Tenant in conjunction with its use of the Property, which release, threatened release, or exacerbation occurs or occurred during the Term of this Lease or during any time when Tenant occupies or occupied the Property or any such other property, and as a result of- (i) Any act or omission of Tenant, its subtenants, contractors, agents, employees, guests, invitees, or affiliates; or, (ii) Any foreseeable act or omission of a third party unless Tenant exercised the utmost care with respect to the foreseeable acts or omissions of the third party and the foreseeable consequences of those acts or omissions. (b) In addition to the indemnifications provided in Subsection 8.5(a), Tenant shall fully indemnify State for any and all damages, liabilities, costs or expenses (including attorneys' fees and disbursements) that arise out of or are in any way related to Tenant's breach of the obligations of Subsection 8.3(b). This obligation Form Date: May, 2005 10 of 25 Commercial Lease No. 22-AO2336 200603220008 Fagg 14 of cc 13ARY i:HRE' LEASE ::.�_irr Kit -cap ,pCo, ldA,!3 24A Back to Agenda is not intended to duplicate the indemnity provided in Subsection 8.5(a) and applies only to damages, liabilities, costs, or expenses that are associated with a breach of Subsection 8.3(b) and which are not characterized as a release, threatened release, or exacerbation of Hazardous Substances. 8.6 Cleanup. If a release of Hazardous Substances occurs in, on, under, or above the Property, or other State-owned property, arising out of any action, inaction, or event described or referred to in Subsection 8.5, above, Tenant shall, at its sole expense, promptly take all actions necessary or advisable to clean up the Hazardous Substances. Cleanup actions shall include, without limitation, removal, containment and remedial actions and shall be performed in accordance with all applicable laws, rules, ordinances, and permits. Tenant's obligation to undertake a cleanup under this Subsection 8.6 shall be limited to those instances where the Hazardous Substances exist in amounts that exceed the threshold limits of any applicable regulatory cleanup standards. Tenant shall also be solely responsible for all cleanup, administrative, and enforcement costs of governmental agencies, including natural resource damage claims, arising out of any action, inaction, or event described or referred to in Subsection 8.5, above. Tenant may undertake a cleanup pursuant to the Washington State Department of Ecology's Voluntary Cleanup Program, provided that: (1) Any cleanup plans shall be submitted to State (DNR) for review and comment at least thirty (30) days prior to implementation (except in emergency situations), and (2) Tenant must not be in breach of this lease. Nothing in the operation of this provision shall be construed as an agreement by State that the voluntary cleanup complies with any laws or with the provisions of this Lease. 8.7 Sampling by State, Reimbursement, and Split Samples. (a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of the Property at any time to determine the existence, scope, or effects of Hazardous Substances on the Property, any adjoining property, any other property subject to use by Tenant in conjunction with its use of the Property, or any natural resources. If such Tests, along with any other information, demonstrates the existence, release, or threatened release of Hazardous Substances arising out of any action, inaction, or event described or referred to in Subsection 8.5, above, Tenant shall promptly reimburse State for all costs associated with such Tests. (b) State's ability to seek reimbursement for any Tests under this Subsection shall be conditioned upon State providing Tenant written notice of its intent to conduct any Tests at least thirty (30) calendar days prior to undertaking such Tests, unless such Tests are performed in response to an emergency situation in which case State shall only be required to give such notice as is reasonably practical. (c) Tenant shall be entitled to obtain split samples of any Test samples obtained by State, but only if Tenant provides State with written notice requesting such samples within twenty (20) calendar days of the date Tenant is deemed to have received notice of State's intent to conduct any.non-emergency Tests. The additional cost, if any, of split samples shall be borne solely by Tenant. Any additional costs State incurs by virtue of Tenant's split sampling shall be Form Date: May, 2005 11 of 25 Commercial Lease No. 22-AO2336 200603220008 P.;rle 15 of 1�11�ail� : CHREY 1 LEASE 163. Au f it s.qp CO, WA 3 24A rARY N reimbursed to State within thirty (30) calendar days after a bill with documentation for such costs is sent to Tenant. (d) Within thirty (30) calendar days of a written request (unless otherwise required pursuant to Subsection 8.4(b), above), either party to this Lease shall provide the other party with validated final data, quality assurance/quality control information, and chain of custody information, associated with any Tests of the Property performed by or on behalf of State or Tenant. There is no obligation to provide any analytical summaries or expert opinion work product. 8.8 Reservation of Rights. The parties have agreed to allocate certain environmental risks, liabilities, and responsibilities by the terms of Section 8. With respect to those environmental liabilities covered by the indemnification provisions of Subsection 8.5, that subsection shall exclusively govern the allocation of those liabilities. With respect to any environmental risks, liabilities, or responsibilities not covered by Subsection 8.5, the parties expressly reserve and do not waive or relinquish any rights, claims, immunities, causes of action, or defenses relating to the presence, release, or threatened release of Hazardous Substances in, on, under, or above the Property, any adjoining property, or any other property subject to use by Tenant in conjunction with its use of the Property, that either party may have against the other under federal, state, or local laws, including but not limited to, CERCLA, MTCA, and the common law. No right, claim, immunity, or defense either party may have against third parties is affected by this Lease and the parties expressly reserve all such rights, claims, immunities, and defenses. The allocations of risks, liabilities, and responsibilities set forth above do not release either party from, or affect either party's liability for, claims or actions by federal, state, or local regulatory agencies concerning Hazardous Substances. SECTION 9 ASSIGNMENT AND SUBLETTING 9.1 State Consent Required. Tenant shall not sell, convey, mortgage, assign, pledge, sublet, or otherwise transfer or encumber all or any part of Tenant's interest in this Lease or the Property without State's prior written consent, which shall not be unreasonably conditioned or withheld. (a) In determining whether to consent, State may consider, among other items, the proposed transferee's financial condition, business reputation and experience, the nature of the proposed transferee's business, the then -current value of the Property, and such other factors as may reasonably bear upon the suitability of the transferee as a tenant of the Property. Tenant shall submit information regarding any proposed transferee to State at least thirty (30) days prior to the date of the proposed transfer. (b) State reserves the right to condition its consent upon: (1) changes in the terms and conditions of this Lease, including the Annual Rent and other terms; and/or (2) the agreement of Tenant or transferee to conduct Tests for Hazardous Substances on the Property or on other property owned or occupied by Tenant or the transferee. Form Date: May, 2005 1 ?. of ? 5 Commercial Lease No. 22-A02336 200603220008 Page: 16 of 30" r,APYgNq1of201 LEASE V2,00 K1t.5ir,j CID, Gbh (c) Each permitted transferee shall assume all obligations under this Lease, including the payment of rent. No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of Tenant. 9.2 Event of Assignment. If Tenant is a corporation, a dissolution of the corporation or a transfer (by one or more transactions) of a majority of the voting stock of Tenant shall be deemed to be an assignment of this Lease. If Tenant is a partnership, a dissolution of the partnership or a transfer (by one or more transactions) of the controlling interest in Tenant shall be deemed an assignment of this Lease. 9.3 Rent Payments Following Assignment. The acceptance by State of the payment of rent following an assignment or other transfer shall not constitute consent to any assignment or transfer. 9.4 Terms of Subleases. All subleases shall be submitted to State for approval and shall meet the following requirements: (a) The sublease shall be consistent with and subject to all the terms and conditions of this Lease; (b) The sublease shall confirm that if the terms of the sublease conflict with the terms of this Lease, this Lease shall control; (c) The term of the sublease (including any period of time covered by a renewal option) shall end before the Termination Date of the initial Term or any renewal term; (d) The sublease shall terminate if this Lease terminates, whether upon expiration of the Term, failure to exercise an option to renew, cancellation by State, surrender or for any other reason; (e) The subtenant shall receive and acknowledge receipt of a copy of this Lease; (f) The sublease shall prohibit the prepayment to Tenant by the subtenant of more than one month's rent; (g) The sublease shall identify the rental amount to be paid to Tenant by the subtenant; (h) The sublease shall confirm that there is no privity of contract between the subtenant and State; (i) The sublease shall require removal of the subtenant's improvements and trade fixtures upon termination of the sublease; and, Form Date: May, 2005 13 of 25 Commercial Lease No. 22-AO2336 200603220008 I I'�� 'i I��b�lll III IIIIIIII IIIII III'II'll �II I'II G:3�22;''20ra6 G-9 24A GA Y CHREY LEASE $ , @@ Kitsap Co, OR Back to Agenda (j) The subtenant's permitted use shall be within the Permitted Use authorized by this Lease. 9.5 Routine Subleasing of Moorage Slips. In the case of routine subleasing of moorage slips to recreational and commercial vessel owners for a term of one year or less, Tenant shall not be required to obtain State's written consent or approval pursuant to Subsection 9.1 or Subsection 9.4. Tenant shall be obligated to ensure that these moorage agreements conform to the sublease requirements in Subsection 9.4. SECTION 10 INDEMNITY, FINANCIAL SECURITY, INSURANCE 10.1 Indemnity. Tenant shall indemnify, defend, and hold harmless State, its employees, officers, and agents from any and all liability, damages (including bodily injury, personal injury and damages to land, aquatic life, and other natural resources), expenses, causes of action, suits, claims, costs, fees (including attorneys' fees), penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control of the Property by Tenant, its subtenants, invitees, agents, employees, licensees, or permittees, except as may arise solely out of the willful or negligent act of State or State's elected officials, employees, or agents. To the extent that RCW 4.24.115 applies, Tenant shall not be required to indemnify, defend, and hold State harmless from State's sole or concurrent negligence. Tenant's liability to State for hazardous substances, and its obligation to indemnify, defend, and hold the State harmless for hazardous substances, shall be governed exclusively by Section 8. 10.2 Financial Security. (a) At its own expense, Tenant shall procure and maintain a corporate surety bond or provide other financial security satisfactory to State (the "Bond") in an amount equal to Twenty Six Thousand Dollars ($26,000), which shall secure Tenant's full performance of its obligations under this Lease, with the exception of the obligations under Section 8 (Environmental Liability/Risk Allocation) above. The Bond shall be in a form and issued by a surety company acceptable to State. State may require an adjustment in the amount of the Bond: (1) At the same time as revaluation of the Annual Rent; (2) As a condition of approval of assignment or sublease of this Lease; (3) Upon a material change in the condition of any improvements; or, (4) Upon a change in the Permitted Use. A new or modified Bond shall be delivered to State within thirty (30) days after adjustment of the amount of the Bond has been required by State. Form Date: May, 2005 14 of 25 Commercial Lease No. 22-AO2336 200603220008 Page: 18 of 32 CARP VHREY LEASE J&.3.60 Kit_ap CO, WA (b) Upon any default by Tenant in its obligations under this Lease, State may collect on the Bond to offset the liability of Tenant to State. Collection on the Bond shall not relieve Tenant of liability, shall not limit any of State's other remedies, and shall not reinstate or cure the default or prevent termination of the Lease because of the default. 10.3 Insurance. At its own expense, Tenant shall procure and maintain during the Term of this Lease, the insurance coverages and limits described in Subsections 10.3(a) and (b) below. This insurance shall be issued by an insurance company or companies admitted and licensed by the Insurance Commissioner to do business in the State of Washington. Insurers must have a rating of B+ or better by "Best's Insurance Reports," or a comparable rating by another rating company acceptable to State. If non -admitted or non -rated carriers are used, the policies must comply with Chapter 48.15 RCW. (a) Types of Required Insurance. (1) Commercial General Liability Insurance. Tenant shall procure and maintain Commercial General Liability insurance and, if applicable, Marina Operators Legal Liability insurance covering claims for bodily injury, personal injury, or property damage arising on the Property and/or arising out of Tenant's operations. If necessary, commercial umbrella insurance covering claims for these risks shall be procured and maintained. Insurance must include liability coverage with limits not less than those specified below: (2) Form Date: May, 2005 Description Each Occurrence $1,000,000 General Aggregate Limit $2,000,000 State may impose changes in the limits of liability: (i) As a condition of approval of assignment or sublease of this Lease; (ii) Upon any breach of Section 8, above; (iii) Upon a material change in the condition of the Property or any improvements; or, (iv) Upon a change in the Permitted Use. New or modified insurance coverage shall be in place within thirty (30) days after changes in the limits of liability are required by State. Property Insurance. Tenant shall procure and maintain property insurance covering all real property located on or constituting a part of the Property 15 of 25 Commercial Lease No. 22-AO2336 200603220008 Page: 19 of :32 GARY CHREY f LEASE $,: ,00 KiG arj Co, J.JAai `4A Bac�to Agenda in an amount equal to the replacement value of all improvements on the Property. Such insurance may have commercially reasonable deductibles. (3) Worker's Compensation/Employer's Liability Insurance. Tenant shall procure and maintain: (i) State of Washington Worker's Compensation coverage, as applicable, with respect to any work by Tenant's employees on or about the Property and on any improvements; (ii) Employers Liability or "Stop Gap" insurance coverage with limits not less than those specified below. Insurance must include bodily injury coverage with limits not less than those specified below: Each Employee Policy Limit B% Accident By Disease Ry Disease $1,000,000 $1,000,000 $1,000,000 (iii) Longshore and Harbor Worker's Act and Jones Act coverage, as applicable, with respect to any work by Tenant's employees on or about the Property and on any improvements. (4) Builder's Risk Insurance. As applicable, Tenant shall procure and maintain builder's risk insurance in an amount reasonably satisfactory to State during construction, replacement, or material alteration of the Property or improvements on the Property. Coverage shall be in place until such work is completed and evidence of completion is provided to State. (5) Business Auto Policy Insurance. As applicable, Tenant shall procure and maintain a business auto policy. The insurance must include liability coverage with limits not less than those specified below: Description Each Accident Bodily Injury and Property Damage $1,000,000 (b) Terms of Insurance. The policies required under Subsection 10.3 shall name the State of Washington, Department of Natural Resources as an additional insured (except for State of Washington Worker's Compensation coverage, and Federal Jones' Act and Longshore and Harbor Worker's Act coverages). Furthermore, all policies of insurance described in Subsectionl0.3 shall meet the following requirements: Policies shall be written as primary policies not contributing with and not in excess of coverage that State may carry; Form Date: May, 2005 16 of 25 Commercial Lease No. 22-AO2336 200603220008 Page: L* of3 GARY CH El' LEASE :MCI E'it aF;`Co, WAJ1� c4A Back to Agenda (2) Policies shall expressly provide that such insurance may not be canceled or nonrenewed with respect to State except upon forty-five (45) days prior written notice from the insurance company to State; (3) To the extent of State's insurable interest, property coverage shall expressly provide that all proceeds shall be paid jointly to State and Tenant; (4) All liability policies must provide coverage on an occurrence basis; and (5) Liability policies shall not include exclusions for cross liability. (c) Proof of Insurance. Tenant shall furnish evidence of insurance in the form of a Certificate of Insurance satisfactory to the State accompanied by a checklist of coverages provided by State, executed by a duly authorized representative of each insurer showing compliance with the insurance requirements described in section 10, and, if requested, copies of policies to State. The Certificate of Insurance shall reference the State of Washington, Department of Natural Resources and the lease number. Receipt of such certificates or policies by State does not constitute approval by State of the terms of such policies. Tenant acknowledges that the coverage requirements set forth herein are the minimum limits of insurance the Tenant must purchase to enter into this agreement. These limits may not be sufficient to cover all liability losses and related claim settlement expenses. Purchase of these limits of coverage does not relieve the Tenant from liability for losses and settlement expenses greater than these amounts. 10.4 State's Acquisition of Insurance. If Tenant fails to procure and maintain the insurance described above within fifteen (15) days after Tenant receives a notice to comply from State, State shall have the right to procure and maintain comparable substitute insurance and to pay the premiums. Tenant shall pay to State upon demand the full amount paid by State, together with interest at the rate provided in Subsection 6.2 from the date of State's notice of the expenditure until Tenant's repayment. SECTION 11 MAINTENANCE AND REPAIR 11.1 State's Repairs. State shall not be required to make any alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part thereof, during the Term. 11.2 Tenant's Repairs, Alteration, Maintenance and Replacement. (a) Tenant shall, at its sole cost and expense, keep and maintain the Property and all improvements (regardless of ownership) in good order and repair, in a clean, attractive, and safe condition. Form Date: May, 2005 17 of 25 Commercial Lease No. 22-AO2336 200603220008 Page: 21 of 32 111K'122/2006 tag 24A GARY CHREY LEASE $63,00 Kits.ap Co, WA (b) Tenant shall, at its sole cost and expense, make any and all additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any improvements on the Property, which may be required by any public authority. (c) All additions, repairs, alterations, replacements or changes to the Property and to any improvements on the Property shall be made in accordance with, and ownership shall be governed by, Section 7, above. SECTION 12 DAMAGE OR DESTRUCTION (a) In the event of any damage to or destruction of the Property or any improvements, Tenant shall promptly give written notice to State. Unless otherwise agreed in writing, Tenant shall promptly reconstruct, repair, or replace the Property and any improvements as nearly as possible to its condition immediately prior to the damage or destruction. (b) Tenant's duty to reconstruct, repair, or replace any damage or destruction of the Property or any improvements on the Property shall not be conditioned upon the availability of any insurance proceeds to Tenant from which the cost of repairs may be paid. (c) Unless this Lease is terminated by mutual agreement, there shall be no abatement or reduction in rent during such reconstruction, repair, and replacement. (d) Any insurance proceeds payable by reason of damage or destruction shall be first used to restore the real property covered by this Lease, then to pay the cost of the reconstruction, then to pay the State any sums in arrears, and then to Tenant. (e) In the event Tenant is in default under the terms of this Lease at the time damage or destruction occurs, State may elect to terminate the Lease and State shall then have the right to retain any and all insurance proceeds payable as a result of the damage or destruction. SECTION 13 CONDEMNATION 13.1 Definitions. (a) Taking. The term "taking," as used in this Lease, means the taking of all or any portion of the Property and any improvements thereon under the power of eminent domain, either by judgment or settlement in lieu of judgment. Taking also means the taking of all or a portion of the Property and any improvements thereon to the extent that the Permitted Use is prevented or, in the judgment of State, the Property is rendered impractical for the Permitted Use. A total taking occurs when the entire Property is taken. A partial taking occurs when the taking does not constitute a total taking as defined above. Form Date: May, 2005 18 of 25 Commercial Lease No. 22-AO2336 200603220008 Page: of 32 IglpjiiI III11111111111111111111111it1111 61`/06 24All2f2WA (b) Voluntary Conveyance. The terms "total taking" and "partial taking" shall include a voluntary conveyance, in lieu of formal court proceedings, to any agency, authority, public utility, person, or corporate entity empowered to condemn property. (c) Date of Taking. The term "date of taking" shall mean the date upon which title to the Property or a portion of the Property passes to and vests in the condemnor or the effective date of any order for possession if issued prior to the date title vests in the condemnor. 13.2 Effect of Taking. If during the Term there shall be a total taking, the leasehold estate of Tenant in the Property shall terminate as of the date of taking. If this Lease is terminated, in whole or in part, all rentals and other charges payable by Tenant to State and attributable to the Property taken shall be paid by Tenant up to the date of taking. If Tenant has pre -paid rent, Tenant will be entitled to a refund of the pro rata share of the pre -paid rent attributable to the period after the date of taking. In the event of a partial taking, there shall be a partial abatement of rent from the date of taking in a percentage equal to the percentage of Property taken. 13.3 Allocation of Award. State and Tenant agree that in the event of any condemnation, the award shall be allocated between State and Tenant based upon the ratio of the fair market value of Tenant's leasehold estate and Tenant -Owned Improvements on the Property and State's interest (a) in the Property, (b) in the reversionary interest in Tenant -Owned Improvements, and (c) in State -Owned Improvements. In the event of a partial taking, this ratio will be computed on the basis of the portion of Property or improvements taken. If Tenant and State are unable to agree on the allocation, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association. SECTION 14 DEFAULT AND REMEDIES (a) Tenant shall be in default of this Lease on the occurrence of any of the following: (1) Failure to pay Annual Rent or other expenses when due; (2) Failure to comply with any law, regulation, policy, or order of any lawful governmental authority; (3) Failure to comply with any other provision of this Lease; (4) Two or more defaults over a period of time, or a single serious default, that demonstrates a reasonable likelihood of future defaults in the absence of corrective action by Tenant; or (5) Proceedings are commenced by or against Tenant under any bankruptcy act or for the appointment of a trustee or receiver of Tenants' property. Form Date: May, 2005 19 of 25 Commercial Lease No. 22-AO2336 200603220008 Pd-It: c3 rf 3c 0 ", L. ", g6 09: 24A caev NprY LEASE �,3.00 Kits,;; CO, WA Back to Agenda (b) A default shall become an event of default ("Event of Default") if Tenant fails to cure the default within sixty (60) days after State provides Tenant with written notice of default, which specifies the nature of the default. (c) Upon an Event of Default, State may terminate this Lease and remove Tenant by summary proceedings or otherwise. State may also, without terminating this Lease, relet the Property on any terms and conditions as State in its sole discretion may decide are appropriate. If State elects to relet, rent received by it shall be applied: (1) to the payment of any indebtedness other than rent due from Tenant to State; (2) to the payment of any cost of such reletting; (3) to the payment of the cost of any alterations and repairs to the Property; and, (4) to the payment of rent and leasehold excise tax due and unpaid under this Lease. Any balance shall be held by State and applied to Tenant's future rent as it becomes due. Tenant shall be responsible for any deficiency created by the reletting during any month and shall pay the deficiency monthly. State's reentry or repossession of the Property under this subsection shall not be construed as an election to terminate this Lease or cause a forfeiture of rents or other charges to be paid during the balance of the Term, unless State gives a written notice of termination to Tenant or termination is decreed by legal proceedings. State may at any time after reletting elect to terminate this Lease for the previous Event of Default. SECTION 15 ENTRY BY STATE State shall have the right to enter the Property at any reasonable hour to inspect for compliance with the terms of this Lease. SECTION 16 DISCLAIMER OF QUIET ENJOYMENT As indicated in Section 1.1, this Lease is subject to all valid recorded interests of third parties, as well as rights of the public under the Public Trust Doctrine or federal navigation servitude, and treaty rights of Indian Tribes. State believes that its grant of the Lease is consistent with the Public Trust Doctrine and that none of the identified interests of third parties will materially and adversely affect Tenant's right of possession and use of the Property as set forth herein, but makes no guaranty or warranty to that effect. Tenant and State expressly agree that Tenant shall be responsible for determining the extent of its right to possession and for defending its leasehold interest. Consequently, State expressly disclaims and Tenant expressly releases State from any claim for breach of any implied covenant of quiet enjoyment with respect to the possession of the Property. This disclaimer includes, but is not limited to, interference arising from or in connection with access or other use rights of adjacent property owners or the public over the water surface or in or under the water column, including rights under the Public Trust Doctrine; rights held by Indian Tribes; and the general power and authority of State and the United States with respect to aquatic lands, navigable waters, bedlands, tidelands, and shorelands. In the event Tenant is evicted from the Property by reason of successful assertion of any of these rights, this Lease shall terminate as of the date of the eviction. In the event of a partial eviction, Tenant's Form Date: May, 2005 20 of 25 Commercial Lease No. 22-AO2336 200603220008 I01�322;'2006 C49 24R Y EY LER�'E 4}?,tihl f'..itsap Co, WA GARGHR rent obligations shall abate as of the date of the partial eviction, in direct proportion to the extent of the eviction, but in all other respects, this Lease shall remain in full force and effect. SECTION 17 NOTICE Any notices required or permitted under this Lease may be personally delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to the following addresses or to such other places as the parties may direct in writing from time to time: State: DEPARTMENT OF NATURAL RESOURCES Shoreline District Aquatics Region 950 Farman Avenue North Enumclaw, WA 98022-9282 Tenant: KITSAP BANK 619 Bay Street PO Box 9 Port Orchard, WA 98366 A notice shall be deemed given and delivered upon personal delivery, upon receipt of a confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set forth above, whichever is applicable. SECTION 18 MISCELLANEOUS 18.1 Authority. Tenant and the person or persons executing this Lease on behalf of Tenant represent that Tenant is qualified to do business in the State of Washington, that Tenant has full right and authority to enter into this Lease, and that each and every person signing on behalf of Tenant is authorized to do so. Upon State's request, Tenant will provide evidence satisfactory to State confirming these representations. This Lease is entered into by State pursuant to the authority granted it in Chapters 79.90 to 79.96 RCW and the Constitution of the State of Washington. 18.2 Successors and Assigns. This Lease shall be binding upon and inure to the benefit of the parties, their successors and assigns. 18.3 Headings. The headings used in this Lease are for convenience only and in no way define, limit, or extend the scope of this Lease or the intent of any provision. 18.4 Entire Agreement. This Lease, including the exhibits and addenda, if any, contains the entire agreement of the parties. All prior and contemporaneous agreements, promises, representations, and statements relating to this transaction or to the Property, if any, are merged into this Lease. Form Date: May, 2005 21 of 25 Commercial Lease No. 22-AO2336 200603220008 Page: 25 of 32 88:24A GARY CHREY LEASE V,3.00 Kits.ap Co, OA 18.5 Waiver. The waiver by State of any breach or default of any term, covenant, or condition of this Lease shall not be deemed to be a waiver of such term, covenant, or condition; of any subsequent breach or default of the same; or of any other term, covenant, or condition of this Lease. State's acceptance of a rental payment shall not be construed to be a waiver of any preceding or existing breach other than the failure to pay the particular rental payment that was accepted. 18.6 Cumulative Remedies. The rights and remedies of State under this Lease are cumulative and in addition to all other rights and remedies afforded to State by law or equity or otherwise. 18.7 Time is of the Essence. TIME IS OF THE ESSENCE as to each and every provision of this Lease. 18.8 Language. The word "Tenant" as used in this Lease shall be applicable to one or more persons, as the case may be. The singular shall include the plural, and the neuter shall include the masculine and feminine. If there is more than one Tenant, their obligations shall be joint and several. The word "persons," whenever used, shall include individuals, firms, associations, and corporations. 18.9 Invalidity. If any provision of this Lease shall prove to be invalid, void, or illegal, it shall in no way affect, impair, or invalidate any other provision of this Lease. 18.10 Applicable Law and Venue. This Lease shall be interpreted and construed in accordance with the laws of the State of Washington. Any reference to a statute shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any action arising out of or in connection with this Lease shall be in the Superior Court for Thurston County, Washington. 18.11 Recordation. Tenant shall record this Lease or a memorandum documenting the existence of this Lease in the county in which the Property is located, at Tenant's sole expense. The memorandum shall, at a minimum, contain the Property description, the names of the parties to the Lease, the State's lease number, and the duration of the Lease. Tenant shall provide State with recording information, including the date of recordation and file number. Tenant shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this subsection. If Tenant fails to record this Lease, State may record it and Tenant shall pay the costs of recording upon State's demand. 18.12 Modification. Any modification of this Lease must be in writing and signed by the parties. State shall not be bound by any oral representations or statements. Form Date: May, 2005 22 of 25 Commercial Lease No. 22-AO2336 200603220008 Page 26 of 32 �1:'r'cc/210 B 69:24A Al Y CHREY LEASE M.60 Kitsip Cri, WA THIS AGREEMENT requires the signature of all parties and is executed as of the date of the last signature below. Dated:��. Tenant: KITSAP BANK By: ;mllk-7 ' _ DAMES E. CARMICH EL Title: President Address: 619 Bay Street PO Box 9 Port Orchard, WA 98366 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: Z Z/ /10� By: ''••.os�� OUG S U T1 IE AND Title: Commissioner of Public Lands ®,%ter..•''••• _ J a n Address: 950 Farman Avenue North •°a► s Enumclaw, WA 98022-9282 Approved as to Form May, 2005 y I I ' 2006032 2f 8 7 by Joe Panesko c 32 & ti/22/20 ray 6924A Assistant Attorney General GARY CHREY LEASSE $63.00 Kitsap Ca, 14A State of Washington Form Date: May, 2005 23 of 25 Commercial Lease No. 22-A02336 Page 135 of 201 nda REPRESENTATIVE ACKNOWLEDGMENT STATE OF ss County of. I certify that I know or have satisfactory evidence that JAMES E. CARMICHAEL is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of Kitsap Bank to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated:6.1 �ittt if l 11 IIII,,, �` Cap;•• p�ARY •'. • �, • • • 0�g . G -0'% • P U V�`'� ° G� 1111JI1119t" .0 (Signatf e) P/ ' L/ (Print ame) Notary Public in and for the State of Washington, residing at My appointment expires p� 1 200603220008 I Ililll lilii Iililii Ilil III IIIliill iliil iil iillili II IN page: LLB of N21r'212r'21Ca&k; Fag : c4A GARY CHREY LEASE J�3.00 Kitsap Co, WA Form Date: May, 2005 24 of 25 Commercial Lease No. 22-AO2336 Page 136 of 201 Back to Agenda STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) ) ss County of T�t,,,Y -+6 in ) I certify that I know or have satisfactory evidence that DOUG SUTHERLAND is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Commissioner of Public Lands, and ex officio administrator of the Department of Natural Resources of the State of Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: 'd ! a 1 / 0 & `1 Form Date: May, 2005 PUBW (Signature) T. (Print Name) Notary Public in and for the State of hington, residing at My appointment expires 5 ' - 0 ■ii ■ 200603220008 page: "19 of 32 I I I I 03/; -2r'12 fie, &9 24A GARY CHREY LEASE $ClOe Kit_.ap CO. 0 25 of 25 Commercial Lease No. 22-A02336 Page 137 of 201 [ !o ! 7aays Ssua9-tso9sa :'oH Yuu IJQ 99C98 YK 'RJvg3J0 110d LC9 z09 '0'd •anuaAy JAM C9YZ Y96Z -9L9 (09C) 10 sca—m (09C) sutAijanS pua 8uluuald '8uuaaul8u3 'jui 's27gpvssy V II0sj0'TH rw 1 �° w L •,°o rvr.d rr «i CO°t/R/ti 51eNr1 a�t1 lvy° WOL'^ .wnwr yuva -w 4r ,y )a jai, 6up,naay �a.ng Iv,,° v, vim » w—)— v u 9--p iW 31VJ1311UDS710AJAMIS 99£96 'VM '08VH380 180d 4 Back to Agenda ANV8 dVSilA �etl'° p �'° �: '° S9 VF .� NO.i A311 9:7530 0710-73N 31 VJ13I1 N3J S d10110n V MI. ]°tl A1Nf100 dV511H S 'L ,.3 01 ' N IN '9Z NO3 VO 1 SONV13011 A3N015 'lt H0019 !0 1NOM1 NI 031V001 9££ZOV-ZZ 'ON 3SY31 SONVI Sion0V A'0IlYJ07 A3.1 M,`lS 0,VY7 - e r 3' _ -^=sue 2a g tp,-� Lea-�7FFr-F=rC.,gN sb� ^WIN 1131n001.009 ai -3�gai a: O Q. p 3 1. A. s J Z 'Y] O� m_.y � c C><r7 u>Ir =3—Y GCJ=� V .'CZ-3 <'yy< u�•—•—i.�<��QyW �NajyC,yY 200603220008 �� III IIII III Iillllll �I"I III "II III�I I"I page: 36 r f. 32 G3/22;'2r-66 09 04A GARY CHREY LEASE 033. Cats Kit _.a' Co, WA Page 138 of 201 go m Back to Agenda EXHIBIT B Lease No. 22-AO2336 Kitsap Bank 619 Bay Street, Port Orchard Plan of Operations, Maintenance and Development Site History and Present Use The property (Exhibit A) was previously leased by Mary Alice Bethel, Audrey Christiansen, Norma G. Brady, and Doris L. Harris under agreement number 22-002336. The building was used as a supermarket under the original lease. The lease extended from June 1, 1975 to June 1, 2005. In conjunction with signing the lease document, an assignment to Kitsap Bank was signed in 1977. Kitsap Bank (Lessee) built the current bank building on the same footprint as the market and is executing this lease no. 22-A02336. The Exhibit A currently has two distinct uses: non -water dependent and public access. The public access portion consists of a public walkway and harbor area used for ingress and egress to a public boat pump -out. As long as this area is used as public use per the Washington Administrative Code (WAC) 332-30-106 (54) and 332-30-131, no fee will be charged. If at anytime, the use changes, the Lessee will not be eligible for a public access discount and will be required to amend the current agreement. The non -water dependent rent portion is a section of the bank building and pavement for which the bank lies and will be charged fair -market value. Future Use and Conditions No future changes to the permitted use or improvements are approved at this time. 2.1 Permitted Use The 2005 survey showed a total of 45,548 square feet of state-owned aquatic lands leased by the Lessee. The lease permits the use of state-owned aquatic lands for both public access and non - water dependent uses. The public use includes a total of 38,056 square feet. The non -water dependent use includes a total of 7,492 square feet. 2.2 Restrictions on Use Lessee shall ensure that parking area and storm -water drains, which currently drain to city storm - water drains, have not become impeded and shall perform all necessary maintenance to ensure proper functions. Chemicals will not be stored on the leased Property. Public access shall be maintained in those designated areas. Exhibit B Page I of 2 Commercial Lease No. 22-AO2336 200603220008 illlli I�� III � II��I IIIIIIII IIIII III IIII IIIII ING 3`122/2006 t 0924A GARY C EY. LEASE $63 , GG K i t sap Co, WA 4.0 Annual Rent After negotiations with the Lessee, it has been determined that fair -marked value for the non - water portion of the leasehold is $21.95 per square foot. This is subject to revaluation under Section 4 of the lease 22-A02336. 7.0 Improvements Lessee is responsible to remove all existing improvements prior to termination of lease no. 22- A02336. Exhibit B 200603220008 �11� IgI Jqlj I pi III JIJtm 111t III Iml 11111111 � �,� Fyg?� `. 03;''r .1_.jtjP, 09:24A GARY CHREY LEASE $6 ,.r_a& Kit_* Co: WA Page 2 of 2 Commercial Lease No. 22-AO2336 Page 140 of 201 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 Subject: Adoption of a Resolution Adopting the Final Plat of Magnolia Ridge Back to Agenda Meeting Date: July 27, 2021 Prepared by: Nick Bond, AICP DCD Director Atty Routing No.: Matter 11-Development Atty Review Date: July 17, 2021 Summary: The site is identified as Magnolia Ridge, formerly known as Blueberry Ridge, a subdivision granted approval with conditions by the Kitsap County Hearing Examiner on January 23, 2007. A SEPA Mitigated Determination of Non - Significance was issued for the Blueberry Ridge Subdivision on October 19, 2006. The Magnolia Ridge subdivision creates 105 single-family residential lots, a roadway tract, an on -site wetland and its averaged buffer tract, three shared driveway tracts, a stormwater tract, and two recreation tracts. The majority of the infrastructure associated with this final plat will be dedicated to the Magnolia Ridge Home Owner's Association or the West Sound Utility District. Some outstanding work, such as required street trees, is bonded under one of several performance bonds submitted with this final plat application. The applicant has installed or bonded for roadway illumination, roads, sidewalks, landscaping, water and sewer, storm drainage improvements, wetland mitigation and enhancement, offsite improvements, signage, and other required improvements as described in the attached bonds and bond estimates. The West Sound Utility District shall be conveyed the sewer and water infrastructure associated with the subdivision. Streets within this final plat shall be privately owned and maintained apart from a portion of right-of-way to be dedicated to the City of Port Orchard for roadway purposes associated with SW Blueberry Road along the southerly boundary of the plat. Stormwater ponds, streets, shared driveways, and recreation space within the final plat are private and will be owned and maintained by the Magnolia Ridge HOA. Recommendation: Adoption of a resolution, granting approval of the final plat of Magnolia Ridge Final Plat. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for Magnolia Ridge Final Plat. Fiscal Impact: Revenue generated by construction activity, building permit fees, impact fees, sales tax, increased property valuation, utility tax. Expenditures related to ongoing maintenance of public infrastructure and provision of services to new residents. Alternatives: Do not approve a resolution approving the final plat of Magnolia Ridge. Attachments: Resolution, Plat map, PW Approval Letter, DCD Approval Letter, SKFR Approval Letter, Performance Bonds. Page 141 of 201 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 105-LOT, 8-TRACT PLAT KNOWN AS MAGNOLIA RIDGE, FORMERLY KNOWN AS BLUEBERRY RIDGE. WHEREAS, on January 23, 2007, the Kitsap County Hearing Examiner approved the Preliminary Plat for the Blueberry Ridge subdivision, located at Geiger Road and Blueberry Road (the "Property"); and WHEREAS, prior to that approval, on October 19, 2006, Kitsap County issued a SEPA Mitigated Determination of Non -Significance for the Blueberry Ridge Plat; and WHEREAS, Kitsap County transmitted the Kitsap County Hearing Examiner Decision for the Blueberry Ridge Plat to all stakeholders on January 27, 2007, and WHEREAS, the City of Port Orchard annexed the Property on April 12, 2012; and WHEREAS, upon annexation, the City of Port Orchard adopted all previous Kitsap County land use approvals applicable to the annexed Property; and WHEREAS, the Revised Code of Washington (RCW) 58.17.140 (3)(b) allows the submittal of a final plat within 10 years of preliminary plat approval; and WHEREAS, on January 27, 2017, an application was submitted for the final plat for Blueberry Ridge, now named Magnolia Ridge, for the subdivision of 105 single-family residential lots, a roadway tract, an on -site wetland and its averaged buffer tract, three shared driveway tracts, a stormwater tract, and two recreation tracts; and, WHEREAS, concurrent with the application, the applicant, Oakridge Homes II, LTD, provided a Performance Bond for private sector projects in the amount of $4,339,205.00 for all associated improvements; and, WHEREAS, on February 22, 2017, the applicant consented to a waiver of the 30-day time limit required for action by the City's legislative body from the date of complete application set out in RCW 58.17.140(2); and, WHEREAS, on February 21, 2017, the City determined that the final plat application was complete; and WHEREAS, City staff has reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, Washington state law and applicable regulations, and recommends approval, subject to the applicant obtaining adequate bonding/securities to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and Page 142 of 201 Back to Agenda Resolution No. PaRe2of3 WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate and recommends approval of the Magnolia Ridge final plat; and WHEREAS, the City Engineer recommends approval of the Magnolia Ridge final plat; and WHEREAS, the City Community Development Director recommends approval of the Magnolia Ridge final plat; and WHEREAS, the South Kitsap Fire and Rescue District recommends approval of the Magnolia Ridge final plat; and WHEREAS, West Sound Utility District, as the water and sanitary sewer purveyor, recommends approval of the Magnolia Ridge final plat; and WHEREAS, the Applicant has secured bonds guaranteeing completion of the improvements required by the Preliminary Plat Approval; and WHEREAS, the City Council finds that the Magnolia Ridge plat conforms to all terms and conditions of the preliminary plat approval and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws, and local ordinances; and WHEREAS, the City Council finds that Magnolia Ridge plat conforms to the applicable zoning requirements and Port Orchard's Comprehensive Plan; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution; and THAT: The Port Orchard City Council finds that the final plat for Magnolia Ridge meets the criteria for approval of a final plat application pursuant to the POMC and Washington state law, complies with all preliminary plat conditions, and therefore approves the final plat for Magnolia Ridge, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The Port Orchard City Council authorizes City staff to accept all necessary bonds guaranteeing completion of the improvements required by the Preliminary Plat Approval, as set out in Exhibit A; and THAT: Upon receipt of new bonds to be accepted by City staff, the $4,339,205.00 bond initially submitted with the final plat application may be released; and Page 143 of 201 Back to Agenda Resolution No. Page 3 of 3 THAT: The Magnolia Ridge subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision; and THAT: The Resolution shall take full force and effect upon passage and signatures hereon; and 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 27t" day of July 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 144 of 201 MAGNOLIA RIDGE A PORTION OF THE NW 1/4 of the SE 1/4 of Section 2, DEDICATION Township 23 North, Range 1 East, W.M., Kitsap County, Washington THE UNDERSIGNED OWNERS OF THE INTEREST IN THE REAL ESTATE DESCRIBED HEREIN HEREBY DECLARE THIS MAP AND DEDICATE THE SAME FOR A COMMON INTEREST COMMUNITY NAMED MAGNOLIA RIDGE, A PLAT COMMUNITY, AS THAT TERM IS DEFINED IN THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT, SOLELY TO MEET THE REQUIREMENTS OF THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT AND NOT FOR ANY PUBLIC PURPOSE. THIS MAP AND ANY PORTION THEREOF IS RESTRICTED BY LAW AND BY THE DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS RECORDED UNDER KITSAP COUNTY AUDITOR'S FILE N0. KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED, OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND GRANT EASEMENTS DEFINED UNDER EASEMENT PROVISIONS ON SHEET 5 OF THIS PLAT AND DEDICATE TO THE USE OF MAGNOLIA HILLS HOMEOWNERS ASSOCIATION FOREVER ALL STREETS, OR WHATEVER PUBLIC PROPERTY THERE IS SHOWN ON THE PLAT, INCLUDING SPECIFICALLY TRACTS A, B, D, E, F, G, AND H INCLUSIVE, AND THE USE THEREOF FOR ANY AND ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PRIVATE ROADWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL SLOPES FOR CUTS AND FILLS UPON THE LOTS OR TRACTS SHOWN ON THIS PLAT IN THE REASONABLE ORIGINAL GRADING OF ALL THE STREETS SHOWN HEREON; ALSO THE RIGHT TO DRAIN ALL STREETS, ROADS AND EASEMENTS OVER AND ACROSS ANY LOT(S) OR TRACT(S) WHERE WATER MIGHT TAKE A NATURAL COURSE AFTER THE STREETS ARE GRADED. THE OWNERS HEREOF, AND THEIR SUCCESSORS AND ASSIGNS, HEREBY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY ARISING FROM THE CONSTRUCTION AND MAINTENANCE OF PUBLIC FACILITIES AND PUBLIC PROPERTY WITHIN THIS PLAT. DIMENSIONS AND USES OF ALL LOTS AND TRACTS OF LAND EMBRACED IN THIS PLAT ARE SUBJECT TO AND SHALL BE IN CONFORMITY WITH KITSAP COUNTY ZONING REGULATIONS. NETTLE DRIVE SE, ACACIA LANE SE, THRUSH COURT SE AND BUNTING PLACE SE ARE DESIGNATED AS TRACT 1, AND IS A PRIVATE ROAD TRACT, TRACT I SHALL BE CONVEYED TO MAGNOLIA RIDGE HOMEOWNERS ASSOCIATION UPON RECORDATION OF THIS PLAT. THAT PARCEL ADJACENT TO BLUEBERRY ROAD AND LABELED "DEDICATED TO CITY OF PORT ORCHARD" ON SHEET 3 IS DEDICATED TO THE CITY OF PORT ORCHARD FOREVER, AS A PUBLIC RIGHT—OF—WAY AND UTILITY EASEMENT. STORM DRAINAGE TRACT B SHALL BE CONVEYED TO MAGNOLIA HILLS HOMEOWNERS ASSOCIATION UPON RECORDATION OF THIS PLAT. WETLAND/OPEN SPACE TRACT D SHALL BE CONVEYED TO THE MAGNOLIA HILLS HOMEOWNERS ASSOCIATION UPON RECORDATION OF THIS PLAT. OPEN SPACE/RECREATION TRACTS A & E SHALL BE CONVEYED TO MAGNOLIA HILLS HOMEOWNERS ASSOCIATION FOR OWNERSHIP AND MAINTENANCE PURPOSES UPON RECORDATION OF THIS PLAT. PRIVATE ROADWAY AND UTILITIES TRACTS F, G, & H SHALL BE CONVEYED MAGNOLIA HILLS HOMEOWNERS ASSOCIATION FOR OWNERSHIP AND MAINTENANCE PURPOSES UPON RECORDATION OF THIS PLAT. THIS SUBDIVISION HAS BEEN MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF THE OWNERS. IN WITNESS WHEREOF WE HAVE HEREUNTO SET OUR HANDS AND SEALS 4_K�'R�IDIG9'�MES II, LTD GENERAL MANGER ACKNOWLEDGMENTS STATE OF WASHINGTON Ss. COUNTY OF A. ) ON THIS DAY OF OMAII Z001, BEFORE ME, THE UNDE ED TARY PUBLIC IN AND. FOR THE STATE OF WASHINGTON, DULY COMMI IONED AND SWORN, PERSONALLY APPEARED , TO ME KLCj"% BE A MEMBER OF THE ENTITY DESCRIBED HEREIN AND WHO EXECUTED THE WITH FOREGOING I STRUME DAA NLEDGED THAT HE SIGNED THE SAME AS HIS FREE AND VOLUNTARY ACT AND DEE , FOR THE USES AND PU .� MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT. w O SIGNE N SWORN BEFO ME 0I)4TH I OF 20, N,0TARY PUBLIC I RESIDING AT: L MY COMMISSION EXPIRES: OF WASHINGTON RECORDING CERTIFICATE 1 i� __ �!s FILED FOR RECORD AT THE REQUEST OF THIS DAY OF , 20 AND RECORDED IN VOLUME OF PLATS, PAGES . RECORDS OF KITSAP COUNTY, WASHINGTON. KITSAP COUNTY AUDITOR ✓ SURVEYOR'S CERTIFICATE � I, DAVID H. MYHILL, REGISTERED AS A PROFESSIONAL LAND SURVEYOR BY THE STATE OF -,NA•RD WASHING,TON� ERTIFY THAT THIS PLAT IS BASED UPON AN ACTUAL SURVEY OF THE LAND o� WAS •..� HEREIN ES IBED, CONDUCTED UNDER MY SUPERVISION, IN DECEMBER 2020 ; THAT THE per' DISTACFS, iiC URSES AND ANGLES ARE SHOWN HEREON CORRECTLY; AND THAT MONUMENTS, i OTHER TH AND H T HOSE MONUMENTS APPROVED FOR SETTING AT A LATER DATE, HAVE BEEN SET CORNE�--k�VE BEEN_. STAKED ON THE GROUND. is l y DAV H. M HILL, P.L.S. No. 49284 4 N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360) 895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 Back to Agenda aimm 1 m 5 APPROVALS CITY ENGINEER APPROVAL: I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF THE PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHT OF WAYS, DESIGN OF BRIDGES, SEWAPE AN WATER SYSTEMS AND OTHER STRUCTURES, EXAMINED AND APPROVED BY ME THIS DAY OF 2021. -� C E GINEER. COMMUNITY DEVELOPMENT DIRECTOR I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF THE PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF THE STREETS, ALLEYS AND OTHER RIGHT OF WAYS, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED BY ME THIS 11 4t DAY OF Ty� , 202 r COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL APPROVAL: APPROVED BY THE CITY COUNCIL OF PORT ORCHARD ON THIS DAY OF 202_. ATTEST: CITY CLERK MAYOR CITY FINANCE DIRECTOR APPROVAL: I HERE13Y CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THE PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED. EXECUTED THIS DAY OF Z .)wk _ 2021 . AFINAN4CO' DIRECTOR COUNTY JffiF SURER AEEBQYAL: THIS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAVE BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR EXECUTED THIS DAY OF KITSAP COUNTY TREASURER Project # 9735 202 SHEET INDEX SHEET 1 — SIGNATURE PAGE SHEET 2 — SECTION AND BOUNDARY DETAIL, DESCRIPTIONS, NOTES SHEET 3 — LOT DETAIL OF THE SOUTHERLY PORTION OF THE PLAT SHEET 4 — LOT DETAIL OF THE NORTHERLY PORTION OF THE PLAT SHEET 5 — EASEMENT PROVISIONS, NOTES, AREA TABLE Page 145 of 201 MAGNOLIA RIDGE R�n4 4^ Anonrl,m anee't L o SCHEDULE B ITEMS: (PER SUBDIVISION GUARANTEE NO. 611226719) 1. FISCAL IN NATURE. CANNOT BE PLOTTED HEREON. 2. DELETED PER JANUARY 4, 2021 SUPPLEMENTAL 3. DELETED PER JANUARY 4, 2021 SUPPLEMENTAL 4. SUBJECT TO EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE, TOGETHER WITH NECESSARY APPURTENANCES PER AFN 164558. CANNOT BE PLOTTED HEREON. 5. SUBJECT TO EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE, TOGETHER WITH NECESSARY APPURTENANCES PER AFN 164559. CANNOT BE PLOTTED HEREON. 6. SUBJECT TO EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED TO PUGET SOUND POWER AND LIGHT COMPANY FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE, TOGETHER WITH NECESSARY APPURTENANCES PER AFN 164687. CANNOT BE PLOTTED HEREON 7. WAIVER OF ANY CLAIMS FOR DAMAGES TO SAID LAND BY REASON OF THE LOCATION, CONSTRUCTION, LANDSCAPING OR MAINTENANCE OF THE STREET OR HIGHWAY ADJOINING SAID LAND, AS CONTAINED IN THE DEED PER AFN 441555 AFFECTS PARCEL Ill 8. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED OR RESERVED IN DEED PER AFN 441555 AFFECTS PARCEL III. 9. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PROVISIONS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, AND OTHER MATTERS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON SHORT PLAT PER AFN 8010010116, EASEMENT SHOWN ON SHEET 4 10. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PROVISIONS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, AND OTHER MATTERS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON SHORT PLAT PER AFN 8611040077 11. SUBJECT TO AGREEMENT TO ESTABLISH AND EXTINGUISH EASEMENTS PER AFN 9104250165. SAID INSTRUMENT CONTAINS COVENANT TO BEAR PROPORTIONATE SHARE IN THE COST OF CONSTRUCTION OR REPAIR OF ROADWAY EASEMENT WHICH WAS GRANTED OVER ADJACENT PROPERTY. SHOWN ON SHEETS 2 AND 3. VACATED UPON RECORDATION OF THIS PLAT. 12. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PROVISIONS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, AND OTHER MATTERS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON BOUNDARY LINE ADJUSTMENT PER AFN 200704050161, A RE-RECORD OF RECORDING NO. 200703200450. AFFECTS PARCEL III. 13. SUBJECT TO COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PROVISIONS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, AND OTHER MATTERS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON BOUNDARY LINE ADJUSTMENT PER AFN 20D705030182. SAID INSTRUMENT APPEARS TO HAVE ALSO BEEN RECORDED UNDER RECORDING NO. 200703200451. 14. ANY RIGHTS, INTERESTS, OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS DISCLOSED BY SURVEY PER AFN 200708220042 MATTERS SHOWN: SHED AND FENCE ENCROACHMENTS. SHEDS HAVE BEEN REMOVED. 15. AGREEMENT FOR DEED IN LIEU OF FORECLOSURE AND ASSIGNMENT PER AFN 201101120233. CANNOT BE PLOTTED HEREON 16. CITY OF PORT ORCHARD ORDINANCE NO. 019-11 ANNEXING CERTAIN REAL PROPERTY TO THE CITY PER AFN 201111290154. CANNOT BE PLOTTED HEREON. 17. NOTICE TO TITLE OF NON -CONFORMING ONSITE SEWAGE SYSTEM PER AFN 201701200236. CANNOT BE PLOTTED HEREON. 18. SUBJECT TO EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO AS SET FORTH IN A DOCUMENT TO PUGET SOUND ENERGY FOR UTILITY SYSTEMS PER AFN 201908160127, SHOWN ON SHEETS 3 AND 4 19. DELETED PER JULY 9, 2021 SUPPLEMENTAL. 20. TERMS & CONDITIONS OF THE PROPOSED PLAT OF BLUEBERRY RIDGE, AS DISCLOSED BY KITSAP COUNTY TAX ROLLS. CANNOT BE PLOTTED HEREON 21. FISCAL IN NATURE. CANNOT BE PLOTTED HEREON. 22, FISCAL IN NATURE. CANNOT BE PLOTTED HEREON. 23. FISCAL 1N NATURE. CANNOT BE PLOTTED HEREON. 24. FISCAL IN NATURE. CANNOT BE PLOTTED HEREON. 25. DELETED PER JULY 9, 2021 SUPPLEMENTAL. 26. EASEMENT AGREEMENT FOR UTILITY TRANSMISSION LINES BY AND BETWEEN OAKRIDGE HOMES II Ltd AND WEST SOUND UTILITY DISTRICT PER AFN 202105190178. APPEARS TO BE A BLANKET EASEMENT, AND CANNOT BE PLOTTED HEREON, A PORTION OF THE NW 1/4 of the SE 1/4 of Section 2, Township 23 North, Range 1 East, W.M., Kitsap County, Washington 35 CALCULATED POSITION OF NORTH QUARTER CORNER SECTION 2, CALCULATED POSITION OF WEST PER S, R.01 E., W.M., CAM SHAFT QUARTER COR. SECTION 2, T.23N., PER SURVEY, SEE NOTE 1. FOUND K.C. MONUMENT IN CASE R.01 E., W.M., CONCRETE MONUMENT 2 SEE LCR PER AFN 92072801 19 AT THE INTERSECTION OF BETHEL i� WITH BRASS PIN PER SURVEY, SEE n I AVENUE AND SALMONBERRYROAD, EAST QUARTER CORNER NOTE 1. ^ ! SECTION 2, T.23N., R.01 E., W.M., SHOWN PER RECORDS OF N.L. N N VISITED AUGUST 2014 OLSON AND ASSOCIATES z SHOWN PER RECORDS OF N.L. S 89'07'45" E 2648,37' 200704050161 S 89'07'45" E 2593,37' 2 3T 1296.69' 256.86' �T__ 1296.69' - - - - CALCULATED POSITION I f OF CENTER OF I 5556-000 N 2'16'31" E 79.00' SECTION 2, T.23N.,-D21-2002 S 89'07'45" E 140.04' 1 R.01 E., W.M., PER I SURVEY, SEE NOTE 1. N 2' 16'31 " E S 89'07'45" E _ N 2' 10'39" E 99.00' I 218.00'� 247.24' 022301-4-070-2003 I PARCEL 'A' BLA I I n _ _ _ 200705030182 1 P i I S 89'07'45" E 190.77' LEGAL DESCRIPTION: (PER SUBDIVISION GUARANTEE NO. 61 1226719) r + 'n UJ 022301-4-049-2001 i 022301-3 �n 022301-4 I -t o _ PARCEL I:-044-2107-115-2000 I N °) aoe, U CNN RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE N PARCEL 'B' BL4 00 I LO NO. 200705030182, BEING A PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST I 200704050161 N CN 00 QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, a I z PARCEL 'B' BLA WASHINGTON. l 200705030182 If 022301-4 PARCEL II: 022301 -4 1-010-20D6 THAT PORTION OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. IN KITSAP 1-001-2007 `� 11, GE" LO COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: ANpAS10 N1�� 1 BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST 840.67' LU QUARTER; THENCE NORTH 360 FEET; THENCE WEST 396 FEET; THENCE SOUTH 360 FEET; 64' 1307.64' : - THENCE EAST 396 FEET TO THE POINT OF BEGINNING. 1307.TN 89'02'06" WINGRESS N D EGRESS PARCEL III: N 120'ESMT AFN 91042501651 RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE z VACATED UPON I z + I NO. 200704050161, A RE-RECORD OF AUDITOR'S FILE NO. 200703RECORDATION OF THIS 200450, BEING A PLAT I � f PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 2, I TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS i I FOLLOWS: I O BEGINNING AT THE EAST QUARTER CORNER OF SAID SECTION 2; THENCE ALONG THE �+ EAST -WEST CENTERLINE OF SAID SECTION 2, NORTH 89'32'57" WEST, 1626.93 FEET;00 THENCE SOUTH 1'51'19" WEST, 248.01 FEET TO THE TRUE POINT OF BEGINNING; THENCE rn z 1 N i r CONTINUING SOUTH 1'51'19" WEST, 179.84 FEET; THENCE NORTH 89'31'22" WEST, 29.55 I N FEET; THENCE SOUTH 1'52'04" WEST, 536.31 FEET; THENCE NORTH 89'29'23" WEST, 29.65 FOUND K.C. MONUMENT IN CASE FEET; THENCE SOUTH 1'52'49" WEST, 361.10 FEET TO THE SOUTH LINE OF THE NORTHWEST AT THE INTERSECTION OF BETHEL QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 2; THENCE NORTH 89'28'03" WEST AVENUE AND LUND ROAD ALONG SAID SOUTH LINE 448.71 FEET; THENCE NORTH 2'02'34" WEST, 1294.58 FEET TO 1 q SOUTHEAST CORNER SECTION 2, THE SOUTH RIGHT OF WAY OF WEST SALMONBERRY ROAD; THENCE SOUTH 89'32'57" EAST I SCALE: I i�400�. AUGUST .014 , W.M., VISITED ALONG SAID RIGHT OF WAY, 256.86 FEET; THENCE SOUTH 1'51'19" WEST, 218.00 FEET; SHOWN PER RECORDS OF N.L. I THENCE SOUTH 89'32'57" EAST, 247.24 FEET TO THE TRUE PAINT OF BEGINNING; 2 1318.59' OLSON AND ASSOCIATES2 1 EXCEPT ANY PORTION LYING WITHIN THE RIGHT OF WAY OF BLUEBERRY ROAD. SURVEY NOTES: 1. BASIS OF BEARINGS: THE NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. BEARS S 89'07'45" E 2593.37' PER SURVEY RECORDED IN VOLUME 41 OF SURVEYS, PAGE 80, RECORDS OF KITSAP COUNTY, WASHINGTON. 2. WETLAND DELINEATED BY RUSSELL AND ASSOCIATES PER REPORT DATED DECEMBER 2005. WETLAND FLAGS FIELD LOCATED BY N. L. OLSON AND ASSOCIATES IN AUGUST. 2005, SHOWN HEREON PER RECORDS OF N.L. OLSON AND ASSOCIATES. 3. REFERENCES: BOUNDARY LINE ADJUSTMENTS RECORDED UNDER AUDITOR'S FILE NUMBERS 200705030182 AND 200704050161, RECORDS OF KITSAP COUNTY, WASHINGTON. RECORD OF SURVEY: VOL.69, PG.60, VOL.46, PG. 64, VOL.41, PG.80 4. REFERENCE: GUARANTEE/CERTIFICATE NO. 611226719 UPDATED, BY FIDELITY NATIONAL TITLE INSURANCE COMPANY, EFFECTIVE DATE: JANUARY 4, 2021 AT 08:00 AM., AND SUPPLEMENT DATED APRIL 23, 2021. 5. REFERENCE: STATUTORY WARRANTY DEED IN LIEU OF FORECLOSURE, AFN 201101120233. 1318.59' 11 CALCULATED POSITION OF SOUTH S 88'56'33" E 2637.19' - - QUARTER CORNER SECTION 2, 11 12 T.23N., R.01 E., W.M., PER SURVEY, SEE NOTE 1. SECTION AND BOUNDARY DETAIL N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360) 895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 Project # 9735 CURVE TABLE CURVEI DELTA RADIUS LENGTH C1 44'27'28" 135.00' 104.75' C2 44'30'17" 204.00' 158,46' C3 15'38'33" 135.00' 36.86' C4 15'38'33" 135.00' 36.86' C5 90'00'00" 104.00' 163.36' C6 90'00'00" 104.00' 163.36' C7 27'31'36" 129.00' 61,98' C8 142'30'52" 126.00' 313.41' C9 23'29'23" 104.00' 42.64' 610 3'25'49" 304.00' 18.20' C11 3'25'49" 296.00' 17.72' C12 68'06'38" 196.00' 233.00' C13 90'00'00" 65,00' 102.10' C14 3'25'49" 280.00' 16.76' C15 3.25'49" 320.00' 19.16' C16 5'28'41" 220.00' 21.03' C17 11'57'07" 220.00' 45.89' C18 7'27'51" 220.00' 28.66' C19 6'36'51" 220.00' 25,40' C20 7-47743" 220.00' 29.93' C21 12.47'56" 220.00' 49.14' C22 43'55'46" 29.50' 22.62' C23 37"50'48" 50.00' 33,03' C24 67'54'26" 50.00' 59.26' C25 31759' 12" 50.00' 27.91' C26 39.53'33" 50.00' 34.81' C27 37' 12'26" 50.00' 32.47' C28 23' 13'52" 50.00' 20.27' C29 35'48'48" 50.00' 31.25' C30 7'57'01" 50.00' 6.94' C31 62.3393" 29.50' 32.21' C32 20'36'12" 180.00' 64.73' C33 23'50'52" 180.00' 74.92' C34 93'00' 12" 29.50' 47,88' C35 2426'42" 89.00' 37.97' C36 77'09'03" 28.50' 38.38' C37 33*43'36" 89.00' 52.39' C38 28*00144" 70.00' 34.22' C39 24'53'25" 28.50' 12.38' C40 4'17'51" 89.00' 6.68' C41 19'29'54" 89.00' 30.29' C42 40'24'25" 35.00' 24.68' C43 25'18'43" 35.00' 15,46' C44 122' 1 1'41 " 50.00' 106.64' C45 60'19'37" 50.00' 52,65' C46 50'43'46" 50.00' 44.27' C47 20'30'02" 50.00' 17.89' C48 90'00'00" 49.00' 76.97' C49 90'00'00" 29.50' 46.34' C50 2' 10'04" 280.00' 10.59' C51 1 55-45" 280.00' 6.17' C52 85'21'26" 29.00' 43.20' C53 17'07'06" 121.00' 36.15' C54 6'22' 17" 121.00' 13.46' C55 17'48'50" 109.00' 33.89' C56 124'42'02" 109.00' 237.23' C57 1 19'10'09" 146.00' 1 48.85' C58 8'21'28" 146.00' 21.30' C59 1'51'02" 121.00' 3.91' C60 21'58'26" 121.00' 46.41' C61 17'34'13" 121.00' 37.11' C62 12'27'18" 121.00' 26.30' C63 17'14'28" 121.00' 36,41' C64 18'54'34" 121.00' 39.93' C65 14'O8'29" 121.00' 29.86' C66 13'47'36" 121.00' 29.13' C67 23'22'05" 121.00'1 49.35' C68 NOT USED C69 NOT USED C70 9' 16' 16" 119.00 19.26' C71 6'22' 17" 119.00 13.23' C72 12'21'58" 151.00' 32,59' C73 3' 16'35" 151.00' 8.63' C74 4"17'10" 220.00' 16.46' ' C75 11'55'53" 220.00' 45.81' C76 1906'05" 220.00' 38.79' C77 8'57'10" 220.00' 34.38' C78 7'50'05" 220,00' 30,08' C79 1'23'54" 220.00' 5.37' C80 34'28'06" 119.00' 71.59' C81 16.21'58" 159.00' 45.42' C82 2935'24" 159.00' 57.14' C83 5'49'36" 159.60' 1 S.17' C84 15'08'30" 180.00' 47.57' C85 15'27'23" 180.00' 48.56' C86 13'54'24" 180.00' 43.69' C87 13'58'39" 111.00' 27.08' S C88 1'39'54" 1 111.00' 3.23' C89 15' 17'08" 159.00' 42.42' C90 39' 15'55" 79.00' 54.14' C91 50'44005" 79.00' 69,95' ' C92 50'44'05" 79.00' 69.95' C93 39'15'55" 79,00' 54.14' C94 NOT USED C95 13'58'44" 104.00' 25.37' MAGNOLIA RIDGE Back to Agenda ,heet 3 of 5 10' WIDE UTILITY EASEMENT IN TRACT B A PORTION OF THE NW 1/4 of the SE 114 of Section 2, - _..1 Township 23 North, Range 1 East, W.M., Kitsap County, Washington _ T 13 l � � J� I 7:1-4I. �""`� " "� �'� �� } �,. - `• N 87'49 21 W 90.931 - i 4323 EE r'13.18 1 N 87'32'14" W N 87*32'14" W I N 87'42'44" W `` �n T>rerm.. G nC14 HEET N 87'32 14 W 97.24' C59 89-06' o � 1 �,� � �„ ,�„� - ! ! o p 97.24' ! . 0 - 99.00' I 684319to ] 4255 1 0 _� I 34 , '� 956 �' C39 80.00' Q `f io N 87'49'23 ' W 87.00' MATCH 4256 1 1.00 I N 87'49 21 " W Ln 42 4320 I Q 1 25' I 97.24' I 25' 17' I N 87'49'21 " W �2) COD 12 0 LINE 97.24' 89.00, / 30.50 �? 1 1 17' 101.19, / SAD ��-- ..._- 0�9 nI 4329 99.00, I 24' 1 N 87'32'14" W 98.24' a N 87'32'14" W 9$.24' 1 24' + 16' o I N 87'42'44" W 90.00' 0 C41LO r132 " W i o0.00' 01 I 10 UTILITY 16 67 4325 Ln 72 4249 1 9 L j 33 4250 0 30 W M I 1 N 87'49'21" W oo ! 9 /ury �- �/ o oI16' 24'!$0.00' EASEMENT 0 w I a x N 87'32 14' W U :t N 87'42'44" W �' j 2� N 87'32 14" W n !to � I Q I 9s.24' � N 87'49 21 " W _ 1 104 N 5 Q 4335 N $7'32'14" W d w 98.24' I �"+ N --, 1 90.00' 80.80i / 0 w � 0 1 975 z 981 � ,� � � 100.00' r2 01 QLO 66 4331 N C 4243 73 i s "' I o / 0 0 o z 4 1 +ri N I I N 87*4921 " W 32 4244 0 0 C43 M 4332 44 1 N C 1, 6 N � / o I ! 6Q.00' 60.00' ,,_, „ z N 87'32' 14" W 1 �. co 1 ! I SO.OQ' ! N 87'32'14 W 98.24' 1 16' N 87'42'44" W 90.00' w / `ro. N b I N 87'49'21" W 120.00' 1 0 24' rn N 87"32'14" W 1 1 98.24' 12.94' 97.24' a0 N4125' 17' 0 I 89.00' JU ~ z Co I !- 0 0 1 10 0 \ 98.45' r' J 65 4337 ! °' "�' i 34.00' I 10 N I o ,- C71 J 4237 Cq 74. N 31 4238 o N �, N 87'49'21 ' w 4342 I N z I N 87'49 21 " W m 4338 45 1^ cs8 I 1 1 1 103 1 80.00' 1 N 87'32'14' W N 87'32'14" W J U v N 87'42.44" W 90.55' ,, / 10' UTILITY 1 \ J v U J 98.87' 100.25' /� vl ' �fl � L19(R) �� / �� EASEMENT I q 1 9 LO „ o� z f N 87'32'14" W i N 00 75 4231 / 1 C¢ , N �� N 87'49'21" W I `t I 4347 d Q LO 90.25' C73�� ^�..� w o I. °S I 4343 �' / $- - p 107.08' a I N 87'49'21 " w N 46 I n od- I N 87*32'14" W z N 87'32'14" W / c"' / w w a! I J I $0.00 z Q- 93.62 / M 1 L N N 87'32' 14" w ! - 0 1 9Q.74' 1 / 1 1 I `r' V Cr ! 8 ,ri 90.00' o / �' n 100 9 102 I Corr z b I 10 ! I 63 4349 4225 76 10) 1 10' uTlurY =" - 925 °� 931 aN I V I 4353 4354 1 Q N 87'49'21 " W `r 4350 I� - j ! N 87.32" 4" W Q N 87'32'14" w 1 J J 00 EASEMENT z N C50 1 MOO' .> I 89,03' , 1 Tract A#(5)N 89 02 06 W .2N 87'32'14" W I ^ 87.61 �' 36.63' 57.44' (4) 83.03' 70.84' u� 90.00' N 'n o I 0 1 45.00' 45.00' 45.00' 2 45.00' 67.94' "� Q} Ln I 62 4355 n o 77 i co 20 INGRESS o ! - d N ui ca (~ V) o C51 U 1 15.49'LO Q z tr AND EGRESS ,n 0 C� LO 48 ! 1 4219 i ESMT AFN rn N 89'02 06 W 4356 1 I Z N 87'32'14 W N 87'32'14" W 1 9104250165 o w w 00 w 2 OFFSET 1 U 81.52' 89.03' 1 VACATED T o, Cr) Q w o � 0 1 ! N 87*32'14" W 1 I 93.62' UPON w "� 0 97 o p aLn 90.00' 01 0 1 c� RECORDATION 95 �' t 96 - °' o, 6 98 C 0 99 1 0 I 0 j ° Lo 1 61 4359 o �'�\ OF THIS PLAT 41$2 N °' 4176 N 4170 0 4164 "' 4158 i L 1+- 5 1 6 4365 e0 a N 1 � 42137 \ ha 0 z z J" 1 N / N 89.02'06" W 462 1 89.03 N 87'32'14" W 93.26' h\oj V� \ f z 9.50� - - z - - - N 87'32'14" W v N 87'32'14" W w 83.26' �,� �o� \ \ \ ` C53 45.00' 45.00' - -�� J 84.52' 90.62' I 1.74 99A3' a ��1 GSA r is 1 0 o I 01 60 4367 N ,0 79 42Q7 , y�F' G5' - -- N 89`02'06° W 3' OFFSET��o�" 1 5 4371 ui 50 4368 i LO z 4j'� c�rO��,`1 \ moo? (3) G9 in d 176.84' (PRIVATE) �:N 1 1 N 87'32' 14 W 75.63' h N N Nettle Drive SE 1 N 89.02'06" W N 87'32' 14" W 0a G LO 93.76 N 87'32`14" W �� l C112 66.75' 60.68' o z 87.52' 98.76' C70 �------- ----- �1 59 19 G�1a c109 4378 � I o 0 1 N 4373 "`' �+ 80 k. ,`O CD I r �C105 r ! �� °C' M I 4 ci �'- 1x�` ,� !0 w \ �o w a, rS rr 92 4374 51 11 N 87'32'14 w 4201 �, o I I LO SCALE: FZl 110.78' o� �� " I 1°, - ,,� rn o ! 901 v v N 89'D2'06" w q of , N $7'32'14" W 1r�p� \ \ �h °�� z ! t I) n 902 I. o r7 I 92.04' N 89'02'06" W10.80 90.02' 1 =50 94.81' 1 n� od'� \ 4379 s. F. o p I "� w \ o� 81 �� I n IN 84 0 a 1 - 9o.Qo 1 1 43$3 LO F 1 58 ��, z 1 " z .� 907 � - 01 Lr)52 4380 $�� \ �1 4195 �o>x ��h 1 1 UTIL. f z I 94 b 0 91 10 6 1 3 0 �1Ui b Cj ix `� \ N 87'32' 14" W \ �ii j r� �� `�I- EA EMENT / 01 {�� ` - - iv 4384 1 16' 1 24' I N 87'32'14" W /5� p�`L� �i 1 10.29' �" i �'� Tract F' �+o� 168.04' z N 89'02'Q6" W 1 N 89'02'06" W 95.39' J ��G� z�, ti6 C�� 57 4391 �s,� 5.25' S2 I - N 89'02'06" W BLiritlri P1• SE is I 50.55' 90.a0' I 90A2 j ^ o �5'� yo$ �a\ 4189 0.50 (PRIVATE) 17.48' I 0' � C) ! 4389 0 43$6 53 i 1 / /� \ 1 1O 100 .qSD� 1 o N N 89'02'06" E 155.00' N I o 0 90 0 b1 0 °_0 o I o 7 / U o� w �O �O� I-55.00'- 50.00' --50.00'F- I o 4390 i w LO1 2 ai N 87'32'14" W r�vJ p ; 99.17' w w � �' w 932 r N 89'02'06" w I Q, I N 89'02'06" w 89.28' J 439 $ 1 1 l N 87'32' 14" w 33.83' (n 914 C w 90.00' I 90.02' 55 - - a 0a 88 - 1 a 54� J �� a 0 83 0(n 85 005 � C oC5 0 CO N �1 4392 0 f 25'35 WT) iv r� 920 'r� ,H 87 ri o 0 0 10 ----1 -i rn 15' UTIL. J S 82 -- 56 z 908 N n S6 iv 926 �` N .- .- o $9 J z I 1 rn EASEMENT J z '� 10.96' ! 4399 _�1 �.�10' UTIL. EASEMENT z a ! z L0 z z 4396 /� 1�-- 10' � - - �-- � - - _ - - 439 5 103.94' 59.36' 79.01' A� 76.62' - I 96.15' S5.00' 50.00' f 50.00' S0.55' 65.00' T 1 80.01' 75.02' 840.67' N N 2'24'57" E 10' WIDE EASEMENT FOR PSE -F - - r- i 203.33' 40.97' PER AFN 201908160127 523.46' rn 1 14.02' VARIES 10' UTILITY EASEMENT BLUEBERRY ROAD N 89'02'06" W 840.82' AREA TD BE DEDICATED TO CITY OF PORT ORCHARD EA UTILITY VARIES ,�- - - - - EASEMENT - - - - - C96 13'32'53" 104.00' 24.59' C97 9'06'01" 151.00' 23.98' C98 17'23'27" 151.00' 45.83' C99 17' 17'32" 151.00' 45,57' C100 13'23'48" 151.00' 35.31' C101 11'11'56" 151.00' 29.51' C102 14'41'21" 151.00' 38.71' C103 9'31'28" 151.00' 25.10' C 104 8'08'54" 151.00' 21.47' C 105 25'59'00" 151.00' 68.48' C106 63'27'55" 28.50' 31.57' C 107 88'47' 15" 23.50' 36.42' C108 91'12'45" 23.50' 37.41' C109 50'57'05" 28.50' 25.34' C110 15'47'25" 151.00' 41.61' C111 12'42'42" 79.00' 17.53' C 112 10'46'41 " 79.00' 14.86' C113 93'34'27" 29.00' 47.36' C 114 2'21'42" 320,00' 13.19' C115 2'20'38" 70.00' 2.86' C1 16 0-21-25" 159.00' 0.99' C 117 30' 21 '22" 70.00' 37.09' LINE TABLE LINE BEARING DISTANCE LINE BEARING DISTANCE L1 N 24'04'01" E 4.00' L11 N 10*11'56" E 45.41' L2 N 43'25'43" W 20.99' L12 N 79'48'04" W 21.80' L3 N 30'47'43" E 24.92' L13 N 36.38'39" E 39.45' L4 S 44'36'39" E 32.73' L14 S 43'26'21" E 20,99' L5 N 44'10'30" E 28.19' L15 N 50'45'44" E 18.89' L6 N 64'04'32" E 29.20' L16 N 36*55'18" E 24.59' L7 N 0'52'15" E 18.67' L17 N 46'34'17" E 34.30' L8 N 61'06'06" W 16.39' L18 N 4'01'26" E 31.04' L9 NOT USED L19 N 43'44'2B" E(R 12.28' L10 N 66'08'38" E R 20.08' LEGEND 50 0 50 100 Q SET BRASS DISK "DHM 49284" ti� FZ0 �. �••e� wnsyi•.. Scale in Feet (2)0 SET 5/8 REBAR WITH PLASTIC CAP "NL OLSON BOUNDARY Ak & Associates, Inc. PLS#49284 DHM" AT OFFSET �''�� L J N•L. Olson (DISTANCE) '� ' • Engineering, Planning and Surveying �.� SET MAGNETIC NAIL AND WASHER "DHM 49284" 4 (360) 895-2350 or (360) 876-2284 SET LEAD PLUG/TACK W/ 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 WASHER "49284" C) FOUND CORNER LS 24783 SET 5/8" REBAR WITH PLASTIC CAP, "NL OLSON BOUNDARY Project # 9735 PLS#49284 DHM" AT ALL LOT CORNERS UNLESS NOTED Back to Agenda Sheet 4 of 5 50 0 50 100 Scale in Feet MAGNOLIA RIDGE A PORTION OF THE NW 1/4 of the SE 1/4 of Section 2, Township 23 North, Range 1 East, W.M., Kitsap County, Washington SALMONBERRY ROAD E-W CENTER -OF -SECTION LINE S 89'07'45" E 834,25' 504.01'(C) T- 330.24'(C) S 89'07 45" E 256.86, 274.24'(C) I 330.30'(C) 75' r_ INGRESS, EGRESS AND ' i I UTILITIES EASEMENT i Ld z 022301-4-014-2002 PER SNORT PLAT AFN o II LOT 1 80100101 16 o INGRESS, EGRESS AND I ! � UTILITIES EASEMENT PER - i-� 30' J LO N BLA 200704050161 1 Ld + rr w ILi oQ z \ 00 U 022301-4-114-2001 � f N PARCEL 'A' BLA SHORT PLAT NO. 1659 N 200704050161 \ z I Line Table � I d- I Line # Length Direction 022301-4-066-2009 E1 61.094' S9' 09' 25"W LOT 2 SCALE: • 1 i�_ 50 ' E2 90.207' S9' 09' 25"W w E3 65.427' 587' 49' 21 "E 0 S 89'07'45" E 247.24' I E5 193,607' N48' 00' 36"E N f o E6 220.786' N48' 00' 36"E z o I � E8 401.411' N2' 16' 25"E w 1 I � w 022301-4-067-2008 LOT 3 + AVERAGED WETLAND WETLAND f BUFFER 16,230 SF (SEE NOTE 2 j `D FND CORNER ON SHEET 2) ! IS 24783" Tract D I z S 89'07'45" E 140,04' I ' ( 40.03' 45.00' 55.01 ' I z o PARCEL 'A' BLA / I w 20 : 200705030182 022301-4--068-"2007 o Co I I �can WETLAND BUFFER IS \ tI 15' �� z z 4281 Z Ln Q AT BOUNDARY LINE h�� NORTH OF THIS POINT / iv FND CORNER N 89'D7'45" E ``��F z "LS 24783" FND CORN r 30,00' n � I C24 S 89'07'45" E 190.77' "LS 24783 - \ BUFFER IMPACT C / h 94.91' �g�1 g6 WETLAND BUFFER IS AT AREA 16,080 SF 2d / / j - - -�/ G 14 82 95.85' `b�', \ BOUNDARY LINE EAST / n\ OF THIS POINT. / �F� cy 1 O INGRESS, �" / 5�` - _/�- � O. 1 18EGRESSN $7'42'44" W / / �75.4$' j �C o UTIANDLITY \ 69.52' N58 �335 14„ W 119.12' / / �` / N 87'49'21 " W v [�C/� �,�`\ 42 03 17 �o <c o EASEMENT / WETLAND BUFFER IS AT / �� / \ 4299 / 0 60'33' N BOUNDARY LINE WEST / / L� iA,Qi/� t.,3``� SAS OF THIS POINT. / r'� j' \CO 0 / � N CURVE TABLE CURVE DELTA RADIUS I LENGTH C5 90'00'00" 104.00' 163.36' C6 90'00'00" 104.00' 163.36' C12 68'06'38" 196.00' 233.00' C 16 4' 1 O' 16" 220.00' 16.02' C 17 13' 15'32" 220.00' 50.91 ' C18 7*27*51" 220.00' 28.66' C19 6'36'51" 220.00' 25.40' C20 7'47'43" 220.00' 29.93' C21 12'47'56" 220.00' 49.14' C22 43'55'46" 29.50' 22.62' C23 37'50'48" 50,00' 33.03' C24 67'54'26" 50.00' 59.26' C25 31'59'12" 50.00' 27.91' C26 39'53'33" 50.00' 34.81' C27 37'12'26" 50.00' 32.47' C28 23' 13'52" 50.00' 20.27' C29 35'48'48" 50.00' 31.25' C30 7'57'01 " 50.00' 6.94' C31 62'33'13" 29.50' 32.21' C32 20'36'12" 180.00' 64.73' C33 23'50'52" 180.00' 74.92' C34 93"00'12" 29,50' 47.88' C35 24'26'42" 89.00' 37.97' C36 77'09'03" 28.50' 38.38' C37 33'43'36" 89.00' 52.39' C39 24'53'25" 28.50' 12.38' C60 21'58'26" 121.00' 46.41' C61 17'34'13" 121.00' 37.11' C62 12'27'18" 121.00' 26.30' C63 17' 14'27" 121.00' 36.41 ' C64 18'54'35" 121.00' 39.93' C65 14'08'29" 121.00' 29,86' C66 13'47'36" 121.00' 29.13' C67 62'03'55" 121.00' 131,07' C68 NOT USED C59 NOT USED C90 39' 15'55" 79.00' 54.14' C91 50'44'05" 79.00' 69.95' C92 50'44'05" 79.00' 69,95' C93 39' 15'55" 79.00' 54.14' C115 2'20'38" 70.00' 2.86' C117 30'21'22" 70.00' 37.09' LINE TABLE LINE BEARING DISTANCE L1 N 24'04'01" E 4,00' L2 N 43'25'43" W 20,99' L3 N 30*47'43" E 24,92' L4 N 44'36'39" W 32.73' L5 N 44' 10'30" E 28.19' L6 N 64'04'32" E 29.20' L7 N 0'52'15" E 18.67' 18 N 61'06'06" W 16.39' ER LEGEND (D SET BRASS DISK "DHM 49284" (2)0 SET 5/8 REBAR WITH PLASTIC CAP "NL OLSON BOUNDARY PLS#49284 DHM" AT OFFSET (DISTANCE) A SET MAGNETIC NAIL AND WASHER "DHM 49284" SET LEAD PLUG/TACK W/ WASHER "49284" M FOUND CORNER LS 24783 .o� �'� �- 41 a 40 � (1 w / oo �� I �, 4278 N ! �, 16 o 3 9 T 02 /�a6 �0 3 1�2. N 87' 49 21 ' W ��' ( ) c,+ 8 R RADIAL BEARING o"� 4298 4292 n 9 . / I 1 C3� \ 4305 / N N 4286 '' ^ 3/ �-� r 89.26' I� � C29 \ 0 O °q w 2246 STREET ADDRESS NUMBER ' A=1 17'40`19 cs,� U, z "' ^�- _/ r + '�� \ `O� E R=20.00' 1 _ _ z 3 g ` / �� ? 1 0 0�� ' f U, 0 \ �6 i 1� CO SET 5/8" REBAR WITH PLASTIC CAP, "NL L=41.08' 1 rn. C65 20.36' 16.12' 1 6$ /g O � w I - a 26 t s U \ �'� �'� i` � 6 -\� 43 w - OLSON BOUNDARY PLS#49284 DHM" AT ALL Tract F3 �� / ' Cr6 G64 4280 / / / / o co I 4284 � o !f w \� i0 1 1 � Z LOT CORNERS UNLESS NOTED l ui 1 C8 N 87'32' 14" W Os3 \ / / 3 I N $7'49'21 " W N 24 15 _ 0 23, / 1 / 4274 4290 �+ °Q 4296 � 431 1 a w 36.48' / 90.37' -J LLJ l c� 20 / �pR1VAT�) S Tract 1 �'\ N 87'42'44" W ,_ � 15' UTI�. z cp 7 ti�;ARI) ve �� L6 0 1 EASEMENT �i' �� N 88'58'30" E z,• F w�� o fri• / o , e��e pry 36.48' 93.54 c? -7 F. - - y5:;�w �•' /.� 10' WIDE UTILITY {� _ _ _ \ 36 4268 6 2 / + a 65.O I 30.00' c�0N gb 90,24' r� iv / © EASEMENT / �'� Tract L�6 �'�� 0 968 30.00' N 87'49'2i" W z Co IN TRACT B G N 87'49'21 " W I I 65.00' 0' �� n } i 14 / N 87'32'14" W 153.81' c.i az La / = UTILITY / >>" / \ w 90.62' C 79,41' , N 87'42'44" W I a d I w 980 4317 �'., 49284 EASEMENT 25 4313 79.41' - CV ar 4261 \ 99.31' o 962 w U N ,n j ,; N 22 1 i Aso ti ' C>� �O' 69 i� 0 70 t� a +� 2� � R3 I 21 a �i 10' UTILITY N 87'46'43" W N 4[M 0 MATCH LINE �/ " a W �t 35 4262 a in N I �' I 974 N EASEMENT j w 80.58' . 97.24' N in o o N C115 4 0 v 1 A s7.24 uO 90.93' z o N.L.�. N 87'32'14" W z ` 4 89.06 z N 6.01 + o 1 J LOlson & Associates Inc. 1■� N � N 8?'32'14" W N 87'42'44" W N 87'49'21" W z C7 - - _ i hj� (o 13 ,n 7 �� err c�' \ ci O - 1 3' 1 8' w I SEE SHEET 3 + �"' "" -� I C35 ` ��35.29' a 9 i 4323 `� Engineering, Planning and Surveying 99.00' - f �� ;� N N 80.00 N 87'32'14" W I ¢ o 68 4319 .08� � z N 87'49'21 " W (360) 895-2350 or (360) 876-2284 I 7 1. 42JrJ I I 34 29 j G� N 87'49'21 " W 87.00' 42 4320 I N I I f 4256 956 , C39 j 2453 Bethel Avenue, P.D. Box 637, Port Orchard, WA 98.166 z 1 I (2) / G1� I 12 Project # 9735 Page 148 of 201 MAGNOLIA RIDGE Back to Agenda Sheet 5 of 5 A PORTION OF THE NW 1/4 of the SE 1/4 of Section 2, Township 23 North, Range 1 East, W.M., Kitsap County, Washington (A) ALL LOTS AND TRACTS WITHIN THIS PLAT SHALL BE BENEFITED BY AND SUBJECT TO A PERMANENT MULTI —PURPOSE EASEMENT OVER, UNDER AND ACROSS A TEN FOOT WIDE STRIP OF LAND LYING PARALLEL WITH AND ABUTTING THE STREET OR ROAD FRONTAGE ON SAID LOTS AND TRACTS AS DELINEATED ON SHEETS 3 AND 4 OF THIS PLAT. THE PURPOSE OF THIS EASEMENT IS SERVING THE PLAT WITH SANITARY SEWER, STORM DRAINS, WATER SERVICE FOR DOMESTIC AND FIRE PROTECTION, NATURAL GAS SERVICE, POWER SERVICE, TELEPHONE SERVICE AND CABLE TELEVISION SERVICE. ALL UTILITY AND SERVICE ORGANIZATIONS, INCLUDING THE CITY OF PORT ORCHARD SHALL HAVE THE RIGHT TO ENTER UPON THE EASEMENT AREAS AT ALL TIMES FOR THE PURPOSES HEREIN STATED AND SHALL, TO THE EXTENT REASONABLE AND PRACTICABLE, RESTORE THE EASEMENT AREAS FOLLOWING INSTALLATION, MAINTENANCE OR REPAIR TO THEIR PRE —WORK CONDITION. WITHIN SAID EASEMENTS NO STRUCTURE, PLANTING OR OTHER MATERIAL SHALL BE PLACED OR PERMITTED TO REMAIN WHICH MAY DAMAGE EXISTING FACILITIES OR INTERFERE WITH THE PURPOSES HEREIN STATED. (B) A PERMANENT EASEMENT, OVER, UNDER AND ACROSS TRACT B OF THIS PLAT IS GRANTED HEREIN TO THE MAGNOLIA HILLS HOMEOWNERS ASSOCIATION FOR THE BENEFIT OF THIS PLAT. THE PURPOSE OF SAID EASEMENTS IS FOR THE MAINTENANCE AND OPERATION OF STORM DRAIN PIPE LINES AND STORM DRAIN FACILITIES. (C) A PERMANENT INGRESS AND EGRESS EASEMENT, OVER, UNDER AND ACROSS TRACT B OF THIS PLAT IS GRANTED HEREIN TO OWNERS, SUCCESSORS AND ASSIGNS OF THE TAX PARCEL 022301-3-044-2107 ADJOINING THE WEST LINE OF THIS PLAT. (D) UTILITY EASEMENTS ARE HEREBY RESERVED FOR AND GRANTED TO ALL LOTS AND TRACTS HEREON, THE MAGNOLIA HILLS HOMEOWNERS ASSOCIATION, PUGET SOUND ENERGY, CASCADE NATURAL GAS, WEST SOUND UTILITY DISTRICT, WAVE CABLE, THE CITY OF PORT ORCHARD PUBLIC WORKS, OTHER UTILITY COMPANIES HAVING FRANCHISES OR PERMITS FROM THE CITY OF PORT ORCHARD, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PRIVATE ROADS, TRACTS A, B, D, E. F, G, H, INCLUSIVE, AND THOSE AREAS SHOWN AS "UTIL. EASEMENT' ON SHEETS 3 AND 4, IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE, AND MAINTAIN UNDERGROUND PIPES, CONDUITS, CABLES, WIRES, WATER METERS, FIRE HYDRANTS, SANITARY SEWER STRUCTURES, AND PUBLIC STORM DRAINAGE STRUCTURES, TOGETHER WITH ALL APPURTENANCES RELATED THERETO, FOR THE PURPOSE OF SERVING THIS AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, NATURAL GAS, FIBEROPTIC OR OTHER CABLE, SANITARY SEWER, WATER, AND STORM DRAINAGE UTILITY SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. NO LINES OR WIRES FOR TRANSMISSION OF ELECTRIC CURRENT OR FOR TELEPHONE USE OR FIBER OPTIC OR OTHER CABLE SHALL BE PLACED OR PERMITTED TO BE PLACED UPON ANY LOT OR TRACT UNLESS THE SAME SHALL BE UNDERGROUND OR IN CONDUIT ATTACHED TO A BUILDING. (E) TRACTS A, B, D, E, F, G, H, INCLUSIVE, AND THOSE AREAS SHOWN AS "UTIL. EASEMENT' ON SHEETS 3 AND 4, ARE ALSO BURDENED BY AND SUBJECT TO A PERMANENT MULTI —PURPOSE EASEMENT. THE PURPOSE OF THE MULTI —PURPOSE EASEMENTS ARE TO SERVE THE PLAT WITH SANITARY SEWER, STORM DRAINS, WATER SERVICES FOR DOMESTIC AND FIRE PROTECTION, NATURAL GAS SERVICE, POWER SERVICE, TELEPHONE SERVICE AND CABLE TELEVISION SERVICE, ALL UTILITY AND SERVICE ORGANIZATIONS, INCLUDING THE CITY OF PORT ORCHARD PUBLIC WORKS AND THE MAGNOLIA HILLS HOMEOWNERS ASSOCIATION SHALL HAVE THE RIGHT TO ENTER UPON THE EASEMENT AREAS AT ALL TIMES FOR THE PURPOSES HEREIN STATED AND SHALL, TO THE EXTEND REASONABLE AND PRACTICABLE, RESTORE THE EASEMENT AREAS FOLLOWING INSTALLATION, MAINTENANCE OR REPAIR TO THEIR PRE —WORK CONDITION. WITHIN SAID EASEMENT NO STRUCTURE, PLANTING OR OTHER MATERIALS SHALL BE PLACED OR PERMITTED TO REMAIN WHICH MAY DAMAGE EXISTING FACILITIES OR INTERFERE WITH THE PURPOSE STATED HEREIN. (F) A PERMANENT MULTI —PURPOSE EASEMENT OVER, UNDER AND ACROSS THE SOUTH TEN (10) FEET OF TRACT B OF THIS PLAT IS GRANTED TO THE OWNERS, SUCCESSORS AND ASSIGNS OF THE TAX PARCEL 022301-044-2017 FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND REPAIRING UTILITY EXTENSIONS TO TAX PARCEL 022301-044-2107 INCLUDING SEWER, STORM, WATER, GAS, POWER, TELEPHONE, CABLE OR OTHER UTILITY SERVICE LINES. SET BACK TABLE (PER PORT ORCHARD MUNICIPAL CODE SECTION 20.34.020 — RESIDENTIAL 2) (5) PRINCIPAL BUILDING SETBACKS. (a) PRIMARY STREET: 10 FEET MINIMUM OR AVERAGE FRONT SETBACK (SEE POMC 20.40.020). (b) SIDE STREET: 10 FEET MINIMUM. (c) SIDE INTERIOR: FIVE FEET MINIMUM (EXCEPT ATTACHED HOUSING TYPES WITH DWELLINGS ON INDIVIDUAL LOTS SUCH AS TOWNHOUSES OR ATTACHED HOUSES WHICH DO NOT REQUIRE A SIDE INTERIOR SETBACK). (d) REAR: 10 FEET MINIMUM (REAR SETBACK FOR AN ACCESSORY STRUCTURE ABUTTING AN ALLEY MAY BE REDUCED TO TWO FEET). (6) ACCESSORY STRUCTURE SETBACKS. (a) PRIMARY STREET: 40 FEED MINIMUM. (b) SIDE STREET: 10 FEET MINIMUM. (c) SIDE INTERIOR: FIVE FEET MINIMUM (EXCEPT ATTACHED HOUSING TYPES WITH DWELLINGS ON INDIVIDUAL LOTS SUCH AS TOWNHOUSES OR ATTACHED HOUSES WHICH DO NOT REQUIRE A SIDE INTERIOR SETBACK). (d) REAR: 10 FEET MINIMUM (REAR SETBACK FOR AN ACCESSORY STRUCTURE ABUTTING AN ALLEY MAY BE REDUCED TO TWO FEET). IMPERVIOUS AREAS ALLOWED FOR LOTS — 3500SF, TYPICAL IMPERVIOUS AREA WOULD BE 58% OF THE LOT AREA FOR LOTS N 4000SF, TYPICAL IMPERVIOUS AREA WOULD BE 56% OF THE LOT AREA FOR LOTS N 4400SF, TYPICAL IMPERVIOUS AREA WOULD BE 54% OF THE LOT AREA FOR LOTS N 4600SF, TYPICAL IMPERVIOUS AREA WOULD BE 53% OF THE LOT AREA FOR LOTS — 5000SF, TYPICAL IMPERVIOUS AREA WOULD BE 51 % OF THE LOT AREA FOR LOTS N 6000SF, TYPICAL IMPERVIOUS AREA WOULD BE 45% OF THE LOT AREA NOTE: IMPERVIOUS AREAS CAN VARY PER LOT AS LONG AS TOTAL ALLOWABLE IMPERVIOUS AREA FOR THE PLAT IS NOT EXCEEDED. AT THE TIME OF BUILDING PERMIT APPLICATION AND/OR ANY ADDITIONAL ROAD CONSTRUCTION OR SITE WORK, IF THE PROPOSED IMPERVIOUS SURFACES IS GREATER THAN THE AMOUNT INDICATED FOR THE ENTIRE PLAT, AN ENGINEERED LAND DISTURBING ACTIVITY PERMIT (LDAP) AND STORM DRAINAGE PERMIT (SDP) MAY BE REQUIRED. THE PROPERTY OWNER SHALL COMPLY WITH KITSAP COUNTY CODE TITLE 12 EFFECTIVE AT THE TIME THE PRELIMINARY PLAT APPLICATION WAS DEEMED COMPLETE (MAY 21, 2014). FEES AND SUBMITTAL REQUIREMENTS SHALL BE IN ACCORDANCE WITH CITY OF PORT ORCHARD MUNICIPAL CODE IN EFFECT AT THE TIME OF BUILDING PERMIT APPLICATION. 1. ALL LOTS MUST ACCESS FROM INTERIOR ROADS ONLY. 2. TRACTS A AND E ARE OPEN SPACE / RECREATION /LANDSCAPE TRACTS AND SHALL BE CONVEYED TO THE MAGNOLIA HILLS HOMEOWNERS ASSOCIATION UPON RECORDATION OF THIS PLAT FOR MAINTENANCE OF SAID TRACTS. SEE SHEETS 3 AND 4. 3. TRACT B IS A STORM DRAINAGE VAULT AND OPEN SPACE TRACT AND SHALL BE CONVEYED TO THE MAGNOLIA HILLS HOMEOWNERS ASSOCIATION UPON RECORDATION OF THIS PLAT FOR MAINTENANCE OF SAID TRACTS. SEE SHEETS 3 AND 4. 4, TRACT F TROUGH H, INCLUSIVE, AND ALL ROADS SHOWN HEREON, ARE PRIVATE ROAD AND UTILITIES TRACTS AND SHALL BE CONVEYED TO THE MAGNOLIA HILLS HOMEOWNERS ASSOCIATION UPON RECORDATION OF THIS PLAT FOR MAINTENANCE OF SAID TRACT. SEE SHEETS 3 AND 4. ALL ROADS ARE TO BE MAINTAINED BY THE MAGNOLIA HILLS HOMEOWNERS ASSOCIATION. 5. UPON COMPLETION OF THE STORM DRAINAGE FACILITIES, THE DEVELOPER WILL BE REQUIRED TO POST A TWO—YEAR MAINTENANCE BOND FOR THE FACILITY. THE DEVELOPER WILL BE RESPONSIBLE FOR PROVIDING REGULAR AND ADEQUATE MAINTENANCE DURING THIS TWO—YEAR PERIOD AND SUPPORTIVE MAINTENANCE RECORDS. AT THE END OF THIS TIME, THE CITY WILL INSPECT THE STORMWATER FACILITIES AND ROAD AND, WHEN THE FACILITY IS ACCEPTABLE AND 80 PERCENT OF THE HOMES HAVE BEEN COMPLETED, THE MAGNOLIA HILLS HOMEOWNERS ASSOCIATION SHALL TAKE OVER MAINTENANCE AND OPERATION OF THE SYSTEM. 6, THE PROPERTY OWNERS AND/OR ASSOCIATION WITHIN THIS PLAT SHALL BE RESPONSIBLE FOR MAINTENANCE OF ALL LANDSCAPING WITHIN THE EXISTING AND PROPOSED RIGHT—OF—WAY INCLUDING ANY STRUCTURES OTHER THAN ROADWAY, STORM DRAINAGE FACILITIES, AND TRAFFIC SIGNAGE. MAINTENANCE SHALL INCLUDE, BUT NOT BE LIMITED TO, MOWING OF LAWN AREAS. 7. THIS PLAT IS SUBJECT TO ALL ELEMENTS OF THE DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS (CCR-S) RECORDED UNDER A.F.N. -------------- RECORDS OF KITSAP COUNTY WASHINGTON. THESE CCR'S ARE THE BASIS OF THE MAGNOLIA HILLS HOMEOWNERS ASSOCIATION (THE ASSOCIATION). B. THE CITY OF PORT ORCHARD WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO ANY PRIVATE ROADS, TRACTS, AND/OR EASEMENT AREAS THAT MAY OCCUR DURING ROUTINE MAINTENANCE ACTIVITIES AND THAT IN CITY'S JUDGMENT OCCUR, IN WHOLE OR IN PART, BECAUSE OF ANY CONSTRUCTION MATERIALS AND TECHNIQUES, OR ANY MAINTENANCE MATERIALS OR TECHNIQUES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGE TO PAVEMENT OR VEGETATED AREAS CAUSED BY MAINTENANCE TRUCKS. 9. THAT PARCEL ADJACENT TO BLUEBERRY ROAD AND LABELED "DEDICATED TO CITY OF PORT ORCHARD" ON SHEET 3 IS A PUBLIC ROAD CONVEYED TO THE CITY OF PORT ORCHARD UPON RECORDATION OF THIS PLAT. LOT AND TRACT AREAS TABLE LOT No. TOTAL (S.F.) LOT No. TOTAL (S.F.) LOT No. TOTAL (S.F.) LOT No. TOTAL (S.F.) LOT No. TOTAL (S.F.) 1 1 4836 26 5282 51 4721 76 4008 101 5780 2 4500 27 4525 52 5442 77 4026 102 6773 3 4500 28 4537 53 4155 78 4496 103 9451 4 4448 29 4867 54 6488 79 4581 104 4585 5 4300 30 4625 55 5791 80 6566 1051 4913 6 4150 31 4016 56 5356 81 5455 7 4088 32 4050 57 1 5372 82 6377 TRACT No. TOTAL (S.F.) 8 3600 33 4050 58 5605 83 7098 9 3600 34 4005 59 4655 84 6580 10 3600 35 4170 60 4381 85 4066 A 28779 11 12 3840 4160 36 37 4842 7875 61 62 4006 4006 86 87 3696 3696 B C 30692 NOT USED 13 4406 38 4897 63 4062 88 5054 D 182911 14 4438 39 4503 64 4376 89 4621 E 3526 15 4685 40 4505 65 4427 90 4049 F 7140 16 7068 41 5239 66 4421 91 4052 G 3298 17 6945 42 4950 67 4421 92 4751 H 1504 18 5688 43 4500 68 4376 93 4859 1 129,747 19 5635 44 4490 69 4580 94 4019 20 4909 45 4217 70 4580 95 4592 21 4811 46 4051 71 4376 96 4067 22 5283 1 47 4050 72 4421 97 4004 23 4837 48 4050 73 4421 98 4049 24 5043 49 4053 74 4448 99 5727 25 4819 50 1 4225 75 4313 100 4846 N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360) 895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 Project # 9735 rage l4`J OT ZV I Back to Agenda CITY OF PORT ORCHARD Department of Community Development 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-4980 planning @ cityofportorchard.us www.citvofDortorchard.us July 19, 2021 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for "Blueberry Ridge" now known as "Magnolia Ridge" LU17-PLAT FINAL-02 Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the Kitsap County Hearing Examiner's Decision dated January 23, 2007, the conditions of the SEPA MDNS dated October 19, 2006. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I therefore recommend approval of the final plat. Sincerely, Nicholas Bond, AICP City Development Director Cc: File: LU17-PLAT FINAL-02 Page 150 of 201 Back to Agenda ORCHARD . July 13, 2021 Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 RE: Recommendation of Approval of Final Plat for Blueberry Ridge Dear Port Orchard City Council, In accordance with RCW 58.17.150(2), I hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the Kitsap County Hearing Examiner decision dated January 23, 2007 and the conditions of the SEPA Mitigated Determination of Non -Significance dated October 19, 2006. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I also state that the City of Port Orchard has confirmed that the conditions of the West Sound Utility District Developer's Extension Agreement have been satisfied for sewage disposal and water supply capacity. Finally, the final plat documents have been reviewed and confirmed that all working drawings and specifications for the improvements have been prepared in conformance with City standards and that all required improvements are either complete and accepted with a Maintenance Bond in place, or that a Performance Bond has been established for all unfinished work. I therefore recommend approval of the final plat. If you should have any questions, or need additional information, please feel free to contact me at this office. Sincerely, Mark R—.D-orsey, P.E. Public Works Director/City Engineer MRD:mrd Cc: Charlotte Archer — City Attorney Nick Bond — Development Director File PUBLIC WORKS DIRECTOR PHONE (360)876.4991 1 FAX (360) 876.4980 216 PROSPECT ST PORT ORCHARD, WA 98366 EMAIL: PUBLICWORKS@CITYOFPORTORCHARD US Page 151 of201 WWW.CITYOFPORTORCHARD.US Back to Agenda Commissioners: Miche Eslava • Dave Gelsleichter • Paul Golnik • Gerald Preuss • Dusty Wiley 5[)U1TH i�Ir��AP City Council City of Port Orchard 216 Prospect Street Port Orchard WA 98366 Fire Chief Jeff Faucett July 12,2021 RE: Recommendation of Approval of Final Plat for Blueberry Ridge Dear City Council: In accordance with RCW 58.17.150(2),1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions of Kitsap County Hearing Examiner decision and conditions. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of South Kitsap Fire and Rescue. I therefore recommend approval of the final plat. Sincerely, Bradley Wiggins Deputy Fire Marshal South Kitsap Fire and Rescue 1974 Fircrest Drive SE Port Orchard, WA 98366 www.skfr.org or like us on Facebook 360-871-2411 Office 360-871-2426 Fax Page 152 of 201 Back to Agenda CITY OF PORT ORCHARD PRIVATE SECTOR CASH SET ASIDE PERFORMANCE AGREEMENT ACCEPTED DATE: ACCOUNT NO.: PERMIT NO.: PW17-017 RE: PROJECT / SUBDIVISION NAME: BlueberryRidge OWNER / DEVELOPER / CONTRACTOR: Oakridge Homes II Ltd. -Jeff Serven PROJECT ADRESS: 1181 SE Blueberry Road, Port Orchard, WA 98366 PROJECTED COMPLETION DATE: WHEREAS, Oakridge Homes II Ltd. -Jeff Serven hereinafter referred to as "the Contractor" has applied to the City of Port Orchard, hereinafter referred to as "the City", to construct Finish vault maint. rd paving, repair concrete curbs/walks, repair storm outfall & signage on Geiger for the project known as Blueberry Ridge on a site located at 1181 SE Blueberry Road, Port Orchard, WA 98366 in Port Orchard, Washington, and WHEREAS, the Contractor is required to construct certain improvements in connection with the above described project and that such improvements must be constructed in full compliance with City standards, the plans and specifications and/or the approvals or permits; and WHEREAS, the agreement and/or approvals or permit require that these improvements are to be made, constructed or installed within a certain period of time, unless an extension is granted in writing by the City; and WHEREAS, hereinafter referred to as "the Financial Institution" is a financial institution qualified to do business in the State of Washington, NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City, after the Contractor has performed and satisfied the following conditions: 1. Escrow Account The Contractor shall establish an escrow account with the Financial Institution in the sum of One hundred seventy-five thousand two hundred eighteen No/100 ($ 175,218 00 ), which is 150% of the total contract amount or cost of installation of the improvements. Account No. 5151964380 At no time shall any portion of the sums in said account be released without written authorization from the City. Such amount shall represent the City's estimate of the amount necessary to ensure repair and replacement of the improvements during the period of this Agreement, as established by the City. Legal Docs\Cash Set Aside Performance PRIVATE\Approved by LIGHTHOUSE Atty Page 1 of 4 Page 153 of 201 Back to Agenda 2. Funds to Secure Performance The City agrees to accept this Agreement in lieu of a performance bond to ensure the Contractor's construction of the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the agreement/approvals/permit for the above -referenced project. In addition, the Contractor shall construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. The specific conditions secured by this Cash Set Aside are: 3. Deadline The Contractor must have completed all of the above improvements as required by the plans and city file by the projected completion date set forth above unless an extension is granted by the City. 4. Liens — Hold Harmless The Contractor must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Contractor shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment(s). 5. Indemnification The Contractor shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any and all claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by the contract/permit/approval. This hold harmless and indemnification agreement shall survive the expiration of this Cash Set Aside. 6. Acceptance by City The Contractor must obtain acceptance by the City of the work completed on or before thirty (30) days after the completion date set forth in Section (3) above. 7. Maintenance Surety Once the work has been completed and accepted by the City, and all other conditions of this Cash Set Aside Performance Agreement have been satisfied, this Cash Set Aside Performance Agreement will be released (as set forth in Section 9 below) and replaced with a two (2) year Maintenance Bond or Cash Set Aside Maintenance Agreement, which is not less than 20% of the total contract amount. 8. Contractor's Warranty The Contractor hereby warrants that in the event any of the improvements installed by the Contractor pursuant to the above -referenced plans, conditions and specifications contained in the City's file, fail to remain free from defects in materials, workmanship or installation for a period of two (2) years from the date of acceptance of the installation of the improvements by the City, then the Contractor shall either remedy the default, or forfeit the funds set aside in the escrow account for this purpose. Legal rocs\Cash Set Aside Performance PRIVATE\Approved by LIGHTHOUSE Atty Page 2 of 4 Page 154 of 201 Back to Agenda 9. Default If the Contractor defaults and does not perform the above conditions within the time specified, then the City may demand that the Contractor perform as required herein. If the Contractor decides to remedy the default, it shall within twenty (20) days of demand of the City make a written commitment to the City that it will: (a) remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; and (b) remedy the default 10. Financial Institution's Release of Funds In the event that the Contractor fails to remedy the defect as provided above, then the Institution shall, upon the demand of the City, remit to the City within ten days of receipt of said demand, the amount of funds in the escrow account, or such lesser amount as may be specified in the City's demand. The Institution agrees that it shall have no duty or right to evaluate the correctness or appropriateness of any such notice or demand by the City, and shall not interplead, or in any manner, delay payment of said funds to the City. 11. City's Completion of Corrections Under Warranty In the event the Contractor fails to satisfactorily repair, replace or correct the improvements as requested by the City, the City's employees and agents are hereby authorized to enter onto said property and perform such work. Funds obtained by the City pursuant to paragraph 10 of this Agreement may be used by the City to restore said improvements and pay any and all sums owing to subcontractors, suppliers, laborers, materialmen, suppliers, subcontractors or others as a result of such work for which a lien against any City property or property where the improvements are located, has arisen or may arise. Further, said funds may be used to cover the cost of correcting any damage which may have occurred off -site due to disrepair of the project, including damage, if any, to public property. This provision shall not be construed as creating any obligation on the City, its employees, agents and representatives to perform such corrective work. 12. Inspection The Contractor shall pay all additional costs of the City incurred in the administration of this Agreement. As long as payment for such services has been made, the Director of Public Works or his/her designee shall periodically inspect said improvements while under the two-year warranty period and inspect completed improvements insofar as possible within five (5) working days after receiving written notice that the repairs have been completed. Lack of inspection within said five (5) days, however, shall not signify the City's approval. 13. Account Release Once the work has been completed and accepted by the City and all other conditions of this agreement have been satisfied, this Cash Set Aside Performance Agreement will be released and replaced with a two (2) year Maintenance Bond or two (2) year Cash Set Aside Maintenance Agreement, not to exceed the sum of Five hundred seventy-eight thousand five hundred sixty no1100 dollars ($ 578,560.00 ) which is 20% of the total contract amount. The hold harmless and indemnification agreement shall survive the expiration of this surety agreement. 14. Enforcement It is specifically agreed by and between the parties that in the event any legal action must be Legal Docs1Cash Set Aside Performance PRIVATE\Approved by LIGHTHOUSE Atty Page 3 of 4 Page 155 of 201 Back to Agenda taken to enforce the provisions of this Agreement or to collect the funds in the escrow account, the prevailing party shall be entitled to collect its costs and reasonable attorneys' 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 attorneys' 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 funds set aside, but also over and above the funds in the account as a part of any recovery in any judicial proceeding. The Institution hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. DATED this ZC3 tt-.day of f , 20 CONTRACTOR/DEVELOPER/OWNER FINANCIAL INSTITUTION Signature must be notarized Si na ure must be notarized BY: BY: PRINT E: Je Serven PRINTED NAME: Sandra Cardona ITS: Vice -President BUSINESS NAME: Oakridae Homes Il Ltd. -Jeff Serven BUSINESS ADDRESS: 5401 32nd Ave -Suite 100 CITY/STATE/ZIP: Gig Harbor, WA 98335 PHONE NUMBER: 253-857-7757/253-649-9297 ACCEPTED DATE: I1-YA ITS: VP, Branch Manager BUSINESS NAME: 1st Security Bank BUSINESS ADDRESS: 10514 156th St E Ste 106 CITY/STATE/ZIP: Puyallup, WA 98374 PHONE NUMBER: 253-770-3444 CITY OF PORT ORCHARD PRINTED NAME: MARK DORSEY, P.E. IIIh`l @IIV[2►ten iIRIa11 BUSINESS NAME: CITY OF PORT ORCHARD BUSINESS ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Legal Uocs\Cash Set Aside Performance P R IVATE\App roved by LIGHTHOUSE Atty Page 4 of 4 Page 156 of 201 FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) 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 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: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership, Corporation Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that �"S��.F so/` O-e—y-% is the person who appeared efore me, and said person acknowledged as the IJ l u 1Aek 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. O N f K 4 - NC rAi?r PUBLIC . ho. eo°•• ,�O �� ,#k4f.# j VA S�`' , Dated: - Z signature print name NOTARY PUBLIC in and for the Stat of -Washington, residing at: My Commission expires: _ 1 o- Legal Docs\Cash Set Aside Performance PRIVATE\Approved bLLIGHTHOUSE Atty Rage 157 of 201 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Financial Institution Only) STATE OF WASHINGTON ) ss. COUNTY OF Pj Q f UL } 1 certify that I know or have satisfactory evidence that Sandra Cardona is the person who appeared before me, and said person acknowledged as the VP, Branch Manager of 1 st Security Bank 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. ```��<ttti�\\lltltll�lf \E L BA(/ gyp, .��"•�`",,,�,� i y 20119380� 7 NOWAsH�� 'J+IIt11i1►1AAAA Dated: —7 UZ Sig ure t � print name NOTARY PUBLIC in and for the State of Washington, residing at: 1u.udllu�, LOA. My Commission expires: l l f 1 Di.2bZq Legal Docs\Cash Set Aside Performance PRIVATE\Approved 6 LIGHTHOUSE Atty age 158 of 201 Back to Agenda CITY OF PORT ORCHARD LANDSCAPE PERFORMANCE BOND a Name of project Blueberry Ridge -Street Trees Project Location 1181 SE Blueberry Rd, Port Orchard, WA 98366 Project/Application 4 PW17-017 Performance Bond Amount $ 41,625.00 Bond 4 PB00499800416 Know all men by these presents: That whereas the City of port Orchard, State of Washington has issued a permit to Oakridqe Homes II Ltd. (Contractor) hereinafter designated as the "Principal" a permit for the construction of the project designated 1181 SE Blueberry Rd , Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and Philadelphia Indemnity Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Pennsylvania , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of: Forty-one thousand six hundred twenty-five and 001100 Dollars ($ 41,625.00 ) 150% Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any claims relating to defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract. Once the work has been completed and accepted by the City of Port Orchard this Performance Bond will be released and replaced with a 2 year Maintenance Bond not to exceed the sutra of: Thirty-four thousand six hundred eighty-seven and 501100 Dollars ($ 34,687.50 ) 125% Total Contract Amount. This hold harmless and indemnification agreement shall survive the expiration of this bond. City of Port Orchard Landscape Performance Bond Page 159 of 201 Page i of 2 Back to Agenda And the said Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this 8th day of July 72021 . Principal B1• Signaled i Jeff Serven Print Name Vice -President Title 5401 32nd Ave -Suite 100 Mailing Address Gig Harbor, WA 98335 City, State, Zip Code 253-853-7757 Phone Number Sure By��14_A V pan r•e Jamie L. Marques Print Name Attorney -in -Fact Title 1420 5th Ave, Suite 3510 Marling Address Seattle, WA 98101 City, State, Zip Code (206) 607-3340 Phone Number jeffserven@icloud.com jamie.marques@propelinsurance.com Email Address Email Addrevs Accepted by the City of Port Orchard this day of , 20 B1, Signature Printed Name Title City of Port Orchard Landscape Performance Bond Page 160 of 201 Page 2 of 2 Back to Agenda PHILADELPHIA INDEMNTI'Y INSURANCE COMPANY One Bala Plaza, Suite 100 Bala Cynwyd, PA 19004-0950 Power of Attorney KNOW ALL PERSONS By THESE PRESENTS: That PHILADELPHIA INDEMNITY INSURANCE COMPANY (the Company(, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, does hereby Constitute and appoint Carley Espiritu, Christopher Kinvon, Cynthia L. lay, Eric A. Zimmerman, James B. Binder Jamie L. Mar ues Kyle Joseph Howat Aliceon A. Keltner. Tamara A. Rin eisen Annelies M. Richie Heather L. Allen Jacob T. Haddock Holli Albers Erica E. Mosley, Alysia J. Lopsi, Amelia (5, Surrill—Katharine J. Snift. Amber Lynn Reese and Brandon K. Bush of Bratrud Middleton Insurance Brokers Inc. dba Propel Insurance , its true and lawful Attorney -in -fact with full authority to execute on its behalf bonds, undertakings, secognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $50,000,000. This Power of Attomey is granted and is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY on the 14ih of November, 2016. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company: (1) Appoint Attomey(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings. contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company thereto; and (2) to remove, at any time, any such Attomey-in-Fact and revoke the authority given. And, be it FtrRTHER RESOLVED: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Anumey or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN TESTIMONY WHEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 27m DAY OF OCTOBER. 2017. (Seal) Robert D. O'Leary Jr.. President & CEO Philadelphia Indemnity Insurance Company On this 27"' day of October, 2017, before me came the individual who executed the preceding instrument, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDEMNITY INSURANCE COMPANY: that the seal affixed to said instrument is the Corporate seal of said Company: that the said Corporate Seal and his signature were duly affixed. COsua _ Tn OF YLV NOTARF SEM1. Abraan Riyyp N�W,y Public Notary Public: L O�eraM.gn lwP..Nrn=.paaa,y Courtly •✓ uTGa*miaaonEapws Sip. 25.2021 ns..sn residing at. (Notary Seal) My commission expires: Bala C�Mwyj. PA September 25. 2021 _ 1. Edward Sayago, Corporate Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY. do hereby certify that the foregoing resolution of the Board of Directors and the Power of Attorney issued pursuant thereto on the 27'" day of October, 2017 are true and correct and are still in full force and effect. I do further certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY. Ir. Tes=,;mrgn {Cneieof I have subscribed my name and affixed the facsimile seal of each Company this 8th day of _ - 1u1Y 20 2 - Edward Sayago, Corporate Secretary - PHILADELPHIA INDEMNITY INSURANCE COMPANY Page 161 of 201 Back to Agenda Post office Box 4819 Spanaway, WA 98387 www.pacifiggreenlandscapes.com Proposal: May 15th, 2021 Oakridge Homes landscape, Inc. Phone: (253) 843-0700 Fax: (253) 843-0500 layaraumann.gmail.com Blueberry Port Orchard WA Scope of Work ; Install Street Trees in front of Homes per plan. Street Trees • Install 53 2" cal Acer Rubrum Karpick Maples • Install 72 2" cal Summit Ash • Landscape Total $27,750 Street Tree Performance Bond Calculation Total Proposal $27,750.00 Bond 50% 13,875.00 Total Bond $41,625.00 Exclusions, Assumptions: • Sub grade by others • Water meter by others • Sleeves by others Any additional work required or requested, which is not in the initial scope of work, will be billed out as time & materials or an agreed upon set price. Thant: you for the opportunity to bid your work. We are looking forward to working with you. Sincerely, "Yes We Can" Specializing in solving your landscape design and construction needs. Page 162 of 201 Back to Agenda Bueberry Ridge Street Trees Plant Common Name Quantity Size Spacing Acer Rubrum Karpick Maples 53 2" caliper per plar Summit Ash 72 2" caliper per plan Street Trees 6/21/2021 Planting Schedule -Plat and Mitigatior.xlsx Page 163 of 201 Back to Agenda CITY OF PORT ORCHARD ASSIGNMENT OF FUNDS IN LIEU OF SURETY BOND FOR LANDSCAPING PERFORMANCE Name of Project: Blueberry Ridge -Park and Open Space Landscaping Project Address: 1181 SE Blueberry Road, Port Orchard, WA 98366 Owner/Developer/Contractor: Oakridge Homes II Ltd. -Jeff Serven Project Application #: RW17-017 Performance Assignment Amount: $ 195,740.00 Bank Name: (Si- scowl u baA �_ Account #: 1. Date and Parties. This assignment of funds in lieu of surety bond, including specific performance provisions, is dated for reference purposes on the 24 day of June , 20 21 and is executed by Oakridge Homes II Ltd. a [type of entity] Developer ("Principal'). 2. General Terms and Conditions A. The Principal has requested that the City of Port Orchard, Kitsap County, Washington ("City") grant final plat approval for Blueberry Ride plat ("Plat'). B. Port Orchard Municipal Code (POMC) section 20.98.030 requires that all improvements required as conditions of preliminary plat approval must be either constructed or the Principal must furnish security prior to final plat approval. C. In accordance with the improvement requirements set forth in the Port Orchard Land Use and Development Regulations, POMC Title 20, 20.98.030, as now or hereafter amended, the Principal is required to furnish security equal to 150% of the estimated value of the plants and installation costs. D. The Principal has requested that the City allow them to secure the following landscaping improvements (collectively referred to as the "Improvements")-. Park play area and equipment, paved recreation court, concrete walks, remaining plantings and park hydroseeding 3. Terms of Assignment - Generally A. The Principal does hereby assign, transfer, and set over unto the City all rights, title, and interest in and to the sum of $ 195,740.00 ("Funds") deposited into a [account type) 3u5,;Viess C kr_cv_ � Account No. S �s�91P3 �U pp in [branch name] S wt-h N7l% RY,inCh of —_ ��t SCC' u fit/ 8&1 � ("Bank or Institution"); this account being in the name of Oakridge Homes II Ltd. V as Principal. The Principal grants to the City of Port Orchard full power an authority to demand, collect, and receive these Funds from Bank or Institution. Assignment of Funds in Lieu of Surety Bond For Landscaping Performance (SEC 4-11-18) Page 1 of 6 Page 164 of 201 Back to Agenda B. The Funds assigned to the City equal at least 150% of the approved professional estimate of the costs or contract amount to complete the improvements, as referenced above and as more completely described in approved plans on file with the City and in the professional cost estimate or contract amount, which amount will be forfeited in full to the City upon the Principal's failure to perform. C. This Assignment shall remain in force until released in writing by the City, provided, partial or early release may be allowed as described below. 4. Agreement to Construct Improvements A. The Principal agrees that construction and installation of the Landscaping Improvements shall be completed within 365 days of the date of the final plat approval ("completion period"). The date of final plat approval shall be deemed to be the actual date the City Council approves the final plat, as evidenced on the final plat recorded with Kitsap County. B. The Principal may request an extension for completion of Improvements by written application to the Department of Community Development at least 3 months prior to the expiration of this completion period. No agreement to extend the time for completion of these Improvements will be effective, nor shall the obligations under this assignment be released by the City, unless and until new security has been executed in accordance with the provisions of POMC 20.98.030, 5. Agreement to Maintain The Principal further agrees to maintain the Improvements to City standards after the Improvements are constructed and accepted by the City as follows: A. The Principal agrees that all landscape materials and significant trees shall be maintained in a healthy growing condition. B. The Principal agrees that, with the exception of dead, diseased or damaged trees specifically retained to provide wildlife habitat, other dead, diseased, damaged or stolen plantings shall be replaced on a 1 for 1 basis within 5 months or during the next planting season if the loss does not occur in a planting season. C. The Principal agrees that landscape areas shall be kept free of trash. 6. Assigned Funds Shall be Released Upon Demand of the City of Port Orchard and Only With the City's Consent It is understood and agreed that all Funds being held under this Assignment will be released to the City of Port Orchard on demand with no other condition of release. It is further understood and agreed that the Bank or Institution named above holds these Funds in its possession and agrees to hold these Funds until a release of this Assignment is received in writing from the City of Port Orchard. 7. Partial Release of Funds as Work is Satisfactorily Performed The parties agree that 100% of the Funds listed in Section 3 above shall constitute funds to guarantee specific performance by the Principal of the work required to construct and maintain the Improvements, including landscaping. However, in its sole discretion, the City may release in writing, one time only, a portion of the Funds. Assignment of Funds in Lieu of Surety Bond For Landscaping Performance (SEC c-ff-18) Page 2 of 6 Page 165 of 201 Back to Agenda 8. Indemnity Agreement The Principal hereby agrees to indemnify and hold the City harmless from any and all claims that may be made against the City resulting directly or indirectly from any action or inaction of the Principal or its agents, employees or independent contractors relating directly or indirectly to work performed or to be performed under the terms of this Assignment. This indemnity and hold harmless shall include City Costs related to defending against said claims, or in enforcing the terms of this Assignment. 9. Obligations of Principal A. If the Principal fails to construct and install the Improvements and receive City approval within the time limits set forth above, then the Principal shall be liable to the City for City Costs resulting from said failure to perform, but not to exceed the amount of assigned Funds. Except that, in the event legal action must be taken to enforce the provisions of this Assignment or to collect said Funds, the prevailing party shall be entitled to attorney's fees and costs over and above the amount of assigned Funds. B. If the Principal fails to maintain the Improvements as required herein for length of time set forth above, then the Principal shaft be liable to the City for City Costs resulting from the failure to maintain the Improvements, but not to exceed the amount of assigned Funds. Except that. in the event legal action must be taken to enforce the provisions of this Assignment or to collect said Funds, the prevailing party shall be entitied to attorney's fees and costs over and above the amount of assigned Funds. C. For purposes of this document, the term "City Costs" shall mean all City expenditures, obligations or debt incurred, including, but not limited to: construction, equipment and material costs; City staff time; legal consultant fees; engineering consultant fees; financial consultant fees; publication, service or process and filing fees; mailing fees; cost of right-of-way, real property and easement acquisition; and fees and costs to other governmental jurisdictions. that are made or incurred by the City, whether or not legal action is commenced. 10. When Additional Assigned Funds Required The City may require the Principal to post additional funds if the City demonstrates that a change in conditions or circumstances makes additional security necessary to guarantee performance by the Principal. 11. Funds Held as Workmanship and Maintenance Guarantee A. Prior to the release of this Assignment of Funds in lieu of Performance Bond the Principal will call for an inspection by the City of Port Orchard. Upon inspection approval and in coordination with the release of said surety, the Principal agrees to furnish security equal to 125% of the estimated value of the plants and installation costs as a maintenance guarantee. This surety shall be held in trust for a period of two (2) years from the date of final approval of the Improvements by the City. Assignment of Funds in Lieu of Surety Bond For Landscaping Performance (SEC 4-11-16) Page 3 of 6 Page 166 of 201 Back to Agenda B. Principal agrees to promptly correct any deficiencies in construction and/or make any emergency repairs requested by the City during the two-year period. C. Principal agrees to promptly reimburse the City for any emergency repairs performed by the City or its agents. D. Principal agrees to properly maintain the Improvements pending final approval of the Improvements by the City. 12. Forfeiture Due to Non -Performance A. If the Principal fails to complete the Improvements within 365 days after construction begins, absent any extensions granted in writing by the City, then the City shall notify the Principal that the Improvements must be completed to the satisfaction of the City Department of Community Development within thirty days from the date of the Notice. Failure by Principal to fully and satisfactorily perform, or to post additional funds if required by the City, shall result in forfeiture to the City of any and all Funds held under this Assignment. Upon receipt of the Funds, the City will complete the Improvements, deduct from the amount tendered the City Costs, and refund the remainder, if any, to the Principal. B. If the Principal fails to maintain the Improvements, as required hereunder, then the City shall notify the Principal that the Improvements must be repaired to the satisfaction of the City Department of Community Development within 10 days frorn the date of the Notice. If the Improvements are not repaired and approved within said 10-day period, then all of the Funds held under this Assignment shall be forfeited to the City until the end of the maintenance period. Upon receipt of the Funds, the City will complete the repairs. If at the end of the maintenance period the tendered monies have not been fully expended for City Costs associated with Improvement maintenance, then the remaining amount shall be refunded to the Principal. C. If the amount of the Funds is inadequate to pay for City Costs, either because the City Costs exceed the amount of the assigned Funds, then the City shall forthwith notify the Principal and he shall tender the deficiency to the City within five days of said notification. If the City commences legal action to collect said deficiency then the prevailing party in said legal action shall be entitled to judgment for their reasonable costs and attorney's fees, and such attorney's fees and costs shall be in addition to City Cost and shall not be limited to the amount of the assigned funds. Each principal is jointly and severally liable for the obligations set forth herein. Assignment of Funds in Lieu of Surety Bond For Landscaping Performance (SEC a-r r-18) Page 4 of 6 Page 167 of 201 Back to Agenda 13. Address for Notices All notices required hereunder shall be considered properly delivered when personally delivered, when received by facsimile, or on the third day following mailing, postage prepaid, certified mail, return receipt requested, to: Principal: City: Oakridge Homes II Ltd -Jeff Serven Community Development Director 5401 32nd Ave -Suite 100 City of Port Orchard Gig Harbor, WA 98335 216 Prospect Street Port Orchard, WA 98366 Ph.: 253-857-7757/253-649-9297 Ph.: 360-874-5533 FAX: FAX: 360-876-4980 14. Final Release of All Remaining_ Funds Any Funds still held under this Assignment that have not been otherwise forfeited due to non- performance shall be released after the date of final installation inspection and approval of the Improvements by the City, provided that the City has determined at its sole discretion that all Improvements have successfully been completed; and the Principal has furnished a 2-year Maintenance surety for the Improvements to the City. This agreement will take effect on the date last entered below. Principal: Signal By. Jeff Sery City of Port Orchard: Signature By: Vice -President _ Title Title 6-26-2021 _ Date Date Assignment of Funds in Lieu of Surety Bond For Landscaping Performance (sec 4-11-18) Page 5 of 6 Page 168 of 201 Back to Agenda ACCEPTANCE The undersigned hereby accepts the foregoing Assignment of Funds in the sum of $ 195,740.00 to be held in Account No. 5 (5 19 (� 3 L4 0 0 , payment of which shall be made upon demand by the City of Port Orchard to the City with no other conditions of release. The undersigned agrees to hold the Funds until it receives a written release of this Assignment from the City. The undersigned acknowledges that it has no duty to evaluate any dispute that may exist between the City and the Principal regarding the Funds and shall not interplead or in any manner delay payment of the Funds to the City. The undersigned binds itself and its heirs, executors, administrators and assigns, jointly and severally. r713 202l Signature /r 1A gate By: Wf Ul o' Title ISt SQoK,1U EML Name of Bank or Institution 1051U l SiR +-1 Sf i~ She Ib� Street Address _uj�all�, wig City, St , Zip Gode Telephone STATE OF WASHINGTON ) SS COUNTY OF KITSAP } certify that I know or have satisfactory evidence that _ 0- C (L/A k a - -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. WITNESS MY HAND AND OFFICIAL SEAL this day of 2021. L BA W - B� /� NOT4iY PUBLIC in and for the to wo State of ashington, residing at 2p1193gp ;1 �4�i��\G = _� My appol tment expires: 511, ,,r�<<l�O WASH a�.•'r' Assignment of Funds in Lieu of Surety Bond For Landscaping Performance (SEC 4-11-18) Page 6 of 6 Page 169 of 201 Back to Agenda Pacific Green Landscape Customer pakitl a Homes II Ltd i Phone: Pacts Job Name: Blueberry Ride I Total Sq Pt Job Address Port Orchard GIVI Job Description I Parks Date I July 20, 2020 ®®UMM'M wirwarm 'Y Complete Remaining Varrous Deciduous 1.5 $235.00 4 $94D.00 $1.081,Do $110.00 4 $44D.00 $1.521.00 Evergreen 6' $125.00 991 $12,375.00 $14,231.25 $45.Do 99 $4,455.00 $16,686.25 Stakes&Tie $4.00 206 $824.00 $947.60 $4.00 2D6 $824.00 $1,771.60 Vine Mapie 8' $75,00 13 $975.00 $1.121,25 $35.00 13 $455.00 $1,576.A, 5 gallon $25.00 44 $1,100.00 $1,265.D0 $10.00 44 $440.00 $1,705,0D GC 13A00 sq ft i aaMon 54.00 2000 58,000.00 59,200.00 $2.00 20QO 54,000.OQ $13,200.00 Plant Material &Cabor Sub -total $38,460.10 75% $9,615,03 To Sail 11K 1 $25.00 150 $4200.001 54,830.001 $30.00 150 $4,500.00 $9.330.00 Bark Medum Plant Material & Labor Sub -fatal 10K $25,00 75 $1.$75.00 $2156.25 S35.001 751 $2.625.00 1 $9,330, 00 50% S4,665.Q0 $4,761.25 Plani Maleriat & Labor Sub-lafa! $4.791.25 901/1 0 % $478.13 $6.718, 75 Commeraal 00 $0' $;3425.00 %nf Mateoai & Labor Subdotaf $700.00 6 $4.200.00 $4,830.00 $70aD0 6 54,200.00 ffirx73fi $6. 718J5 $9.030.00 POG 5450.00 1 SASfl.OD $517.50 $450.00 1 $450.00 $967,51) Plant Matena!&Labor $250.00 4 Sub -fatal $9,99750 1DOro $0.00 Bench $950.00 4 S3,800.0ul $4,370.00 $1.O06.6E $5,37000 Balance Beam $1.200,00 1 $1,200.00 $1,380.00 $375.00 1 $375.00 $1.755.00 Pla To LNeTykes P819-71585 $25,869.OD 1 $25,869.00 $29.749.35 $9,267.00 11 $9,267.00 $39 016.36 Picnic Table $1.500.00 4 S5,000,00 $6,900.00 $375.00 4 $1,50Q.00 $8,40D.00 ATV S 'n rider $1.300.00 1 $1,300.00 $1,409,00 $375.00 1 $375.00I $1.870.00 Horse Sprfip rider $1.300,00 1 $1,300.00 $1.495.00 $375.00 1 $375. D $1870.00 Whale Spring Rider $1,300.DO 2 $2,600.00 S2,990.00 $375.00 2 S750.D0 $3,740.00 swiN set 51,900M 1 51,900.00 $2185.e0 $1,500.00 1 $150C.00 $3,885.00 UIrrykes Si Stonea $350.00 10 $3500,00 $4,025.00 $125.00 10 $1.250.00 $5.275.00 Trash Rec $850.00 1 $850.OD $977.50 $150.00 1 $150.00 $1,127.50 Bike Rack S250.00 4 $1000.0D $1150.00 $150,00 4 MGM $1,750.00 Pickle ball set u $635.00 1 $535.00 $615,25 S600.00 1 S600.00 $1,215.25 SidewalkI.ODO sq ft 200'ffn R $3.00 1000 $3,000.00 $3,460,00 $3.00 1000 53,000.00 $6450.00 Thickened Ede 100' lin R $5.00 100 $SOO.OD 5575.00 $5.00 100 $500.00 $1.075.00 Concrete court 210 35x60' S2.50 2100 $5.250.00 $6,037,50 $2.50 2100 S5.250.00 $11,287.50 Play Chips 75'x85' 5k s It $35.00 180 $6,300.00 $7245.00 $25.00 160 $4,500.00 $11,745.D0 Drain 25' S150.00 1 $150.00 $172.50 $150.00 1 S150.00 $322.50 Pum s1 SBOD.001 3 $2,400.00 .$2,76D.ODI $100,00 3 $300.00 $3,660.00 Plant Mafenal & tabor Sub -total $i09,014.10 0% $109.014.i0 Total Bid $178.301,70 Rem Sub -total 50 % $130,491.00 $65,245.50 Maintenance % 25 % $44,575.43 TotaE Maintenance Bond $222,877.13 Total Perf Bond $196,736.50 Page 170 of 201 Back to Agenda Pacific Green Landscape Customer Oakid e Homes Il Lid Phone Facts Job Name Blueberry Ride Total Sq Ft Job Address Port Orchard City Job Description Parks Date, Ally 20, 2020 ... _ .. . . % Complete Remaining $1,521,00 Various Deciduous 1.5 $235.00 4 $940.00 $1,081.00 $110.00 4 $440.00 Evergreen 6' $125.00 99 $12.375.00 $14,231.25 $45.00 99 $4.455.00 $18,686.25 Stakes & Tie $4.00 206 $824,00 $947.60 $4.00 206 $824.00 $1.771.60 Vine Maple 8' $75,00 13 S975.00 $1.121.25 $35.00 13 $455.00 $1,576.25 5 gallon $25,00 44 S1.100.00 $1.265.00 $10.00 44 $440.00 $1.705.00 GC 13,400 sq ft 1 gaflon $4,001 20001 58.000.00 $9.200.00 $2.00 2000 1 $4 000.00 $13,200.00 Plant Material & Labor Sub -total $38,460.10 75`I, S9,615.03 ti. 1 $9,330.00 Top Soil I 1 iK 1 $28.001 150 S4.200.DDI $4.830.001 $30.00 150 $4,500.00 Plant Material &Labor Sub-tata! $9,334 flD 50°I° $4,665A0 Bark Medium 10K $25.00 75 $?,875.00 $2,156.25 $35,00 75 $2,625.00 $4,781,25 PlantMat€ Al &-Labor Sub -total $4, 787.:2,5 90% $478,13 -. $6,T1$35 5 261' � : '' ax5,t30 $3,5 3.7$ :: $0,251 12500 f $3 125,06 Plant Material 8,LaborSub-total $5,718.75 0% $6.71&75 Commercial 61 S4.200.00 $4,830.00 $700.001 61 S4,200.00 $9,030.00 POC _$700,001 $45b.001 I.I. S450.00 1517.50 S450.00 1 $450,00 $967.50 Plant Material $ Labor Sub -total $9, 997.50 100% $0.00 Bench 5950.00 4. $3.800A0 $4 370,00 $250,00 4 $1 000.00 $5,370.00 Balance Beam $1,200.00 1 $1,200.00 $1,380.00 $375.00 1 $375,00 $1,755.00 Play T2X LittleT es' :PB19-71585 $25,868.00 1 $25,869,00 $29,74U.5 $9.267.00 1 $9,267.00 $39-O 35 Picnic Table, $1,500.ti0 4 ', $13900,00 '�_.__.__...: $375.00 4 :. $1 500,00 $8,40(,01 i - 3 �$6,000.00 1,300,00 $1 49S.0t1 _ $375.00 1'. _ , _ $375,00 $1 6 { €34 8 -- Home Spring ndei . :. $1,300.00 ° 1 - $1 300.00 $1,495e00 -w 375,00 1: $375.00 $1,87t1.00: Whale S2riD2 Rider $1,300.00 2 $2.600.00 '$2,990.60 $375.00 ;' 2 $750.00 $3,740.€10 5win seE $1,900,00 1 $1,900,00 $2,185.00 _._ $1,500.00 _ 11 $1,500,00 $3,685.00 Litilytes Ste Stones $350,00 10 $1500.00 $4,026.00 --- $125.00 10 $1 250.00 $5,275.00 Trash Rec $850.00 1 $850.00 $977.50 _ $150.00 -- 1 $150.00 $1.127.50 Bike Rack $250,00 4 $1,000.00 $1,150.00 $150.00 4 $600.00 $1,750.00 Pickle ball set u $535,00 1 $535,00 $615.25 $600.00 1 $600.00 $1,215.25 Sidewalk 1,000 sq €t 200' fin It S3.00 1000 $3.000.00 $3<45O,GO $3.00 1000 $3 000.00 $6,450.00 Thickened Ede 100' tin R $5.00 1.00 5500.00 $575,00 $5.1)0 100 $500.00 $1,075.00 Concrete court 21 O.0 35x60' $2.50 2100 $5.250.00 $6,037,60. $2.50 2100 $5,260.00 $11.28'7.50 playCh5 75 x65 ':. ' ` :5k �cL_ $35.00 1.80 _ $6,300,00 $7,24:5.00: '� $25,00 _ 140 $4,500.00 $11.7�t5;00. Drain 26' $150,00 141 $150,00 _ $t72:50', . _ $150.00 _ 1 $150.00 . $3U, Pum s $8Q0.00 31 $2400.00 $2,760.00 _ $1()0.00 3 :; $300.00 $$,0 .i __ T Alant Material & Labor Sub -total v1 $109.014.10 0% $109,014.10 Total Bid $178,3001.70 Rem Sub -total $130,491.00 Maintenance % 25% 1 $44.575.43 50"1° ,245.50 Total Maintenance Bond 5222,877.13 Total Perf Bond 31$6595.!7_k50 Page 171 of 201 Back to Agenda Bueberry Ridge Landscaping Plant Schedule Park and Open Space Plant Common Name Quant!tj Size Spacing Trees Vine Maple 13 8' per plan Golder Deodara Cedar 33 6' per plan Castlewellan Golden Cypress 20 6' per plan Shirofugen Flowering Cherry 4 1.5" caliper per plan Sequoia 5 6'per plan Western Red Cedar 41 6' per plan Ground Covers Blue Oat Grass bed plant 1 gal 24" oc Jelena Witch Hazel 10 5 gal per plan Tree Mallow Barnsely" 21 30" 6' oclplan Salal bed plant 1 gal 215' ocl Ian Bronze New Zealand Flax 12 3 gal per plan Sedum "Angelina" bed plant 1 gal aft w. Oat Grass Park & Open Space Plant Sched 6/18/2021 Planting Schedule -Plat and Mitigation.xlsx Page 172 of 201 Back to Agenda filth City of Port Orchard °Y1 ' 216 Prospect Street, Port Orchard, WA 98366 del i' (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7G Subject: Adoption of a Resolution Approving Amendment No. 1 to Contract No. Meeting Date: July 27, 2021 Prepared by: Nicholas Bond, DCD Director 066-20 with Rice Fergus Miller for Atty Routing No.: Matter 11-Development Phase 1 of the South Kitsap Community Atty Review Date: July 22, 2021 Events Center (SKCEC) Summary: On July 28, 2020, the Port Orchard City Council approved Contract No. C066-20 with Rice Fergus Miller (RFM) for professional services on the Phase 1 scope of work for the South Kitsap Community Events Center (SKCEC). Additional services are needed from RFM for the City's requested site design of the off -site area that surrounds the SKCEC parcel, which is located at 619 Bay Street. This design will provide the City with a basis to estimate the costs of needed off -site improvements and infrastructure, and determine how funds will be obtained to support their future construction. New budget authority is available for 2021-2022. RFM and the City have conferred and agreed to an increased scope of services and associated fee increases (see Attachment 1). The fixed amount of contract C066-20 is increased by $177,365 from $400,000 to a total of $577,365. Additionally, an hourly not -to -exceed amount of $33,578 for a geotechnical subconsultant has been included, for a final maximum contract increase of $210,943. Recommendation: Staff recommends the City Council adopt a resolution authorizing the Mayor to execute Amendment No. 1 to Contract No. C066-20 with Rice Fergus Miller for the amount of $210,943, for a total amended contract amount of $610,943. Relationship to Comprehensive Plan: N/A Motion for Consideration: "I move to adopt a resolution authorizing the Mayor to execute Amendment No. 1 to Contract No. C066-20 with Rice Fergus Miller for the Phase 1 scope of work on the South Kitsap Community Events Center, in the amount of $210,943, for a total amended contract amount of $610,943." Fiscal Impact: Included in the 2021-2022 budget. Attachments: Resolution, RFM Change Order for Design of SKCEC Off -Site Development, COPO Council Contract Amendment Approval and Amendment No. 1 to Contract No. C066-20. Page 173 of 201 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RICE FERGUS MILLER, INC. FOR THE PURPOSES OF EXPANDING THE SCOPE OF SERVICES FOR THE SOUTH KITSAP COMMUNITY EVENTS CENTER PROJECT. WHEREAS, the City has contracted with Rice Fergus Miller (RFM) since July of 2020 (Resolution No. 032-20) for professional services for the South Kitsap Community Event Center project (SKCEC); and WHEREAS, the City desires to expand the scope of the RFM project to include site design of the off -site area surrounding the SKCEC parcel, in order to estimate the costs of needed off -site improvements and infrastructure, and determine how funds will be obtained to support their future construction; and WHEREAS, in order to include this work, the Agreement must be amended to expand the scope and increase the maximum price; and WHEREAS, Amendment #1 to the RFM Professional Services Agreement is attached hereto as Exhibit "1"; and WHEREAS, the City Council finds it in the public interest to authorize the Mayor to execute the First Amendment to the RFM Professional Services Agreement in substantially the form that is attached to this Resolution as Exhibit "1"; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: THAT: The Mayor is hereby authorized to execute the First Amendment to the Professional Services Agreement between the City of Port Orchard and Rice Fergus Miller, Inc. in substantially the form attached to this Resolution as Exhibit "1". Except as specifically amended by this Amendment #1, the underlying agreement with Rice Fergus Miller, Inc. shall remain fully in force and intact. 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 271" day of July 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Rob Putaansuu, Mayor Page 174 of 201 Back to Agenda Resolution No. _ Page 2 of 2 EXHIBIT "1" AMENDMENT #1 to the Consultant Service Agreement between City of Port Orchard and Rice Fergus Miller, Inc. Page 175 of 201 RIC§CeYgusmILLER 275 Fifth St. Suite 100 Bremerton, WA 98337 ARCHITECTURE INTERIORS PLANNING VIZLAB 360-377-8773 rfmarch.com July 21, 2021 Nick Bond Development Director City of Port Orchard 216 Prospect St Port Orchard, WA 98366 Re: South Kitsap Community Events Center CHANGE ORDER - Off -Site Development Proposal 2020002.00 Dear Nick, Rice Fergus Miller is pleased to present the following Letter of Proposal to provide professional architectural, civil, survey, and landscape site design services for the off -site area illustrated in the attached map. I. Project Description City of Port Orchard has requested a site design of the off -site zone that surrounds the South Kitsap Community Events Center parcel located at 619 Bay Street in downtown Port Orchard. This design will provide the city a basis for cost estimating and fundraising for future construction. This work is part of the City of Port Orchard's Downtown Subarea Plan. II. Scope of Services RFM and our consultants will provide a conceptual level site design for the outlined area in the attached map. RFM will also participate in meetings between the City of Port Orchard and its stakeholders for a coordinated overall Downtown Subarea Plan design effort. The following services are included: • Architectural Site Design & Project Management (RFM) • Survey & Civil Engineering Design (KPFF) • Streetscape Design & Transportation Planning (KPG) • Geotechnical Engineering (Krazan) Refer to attached detailed scope of work for KPFF and KPG for additional information. III. Additional Services The following services, though they could be provided by RFM, are not included in our Scope of Basic Services and, if requested, will be billed as Additional Services. • Schematic Design Phase thru Construction Administration Phase • Additional Consultants not listed, including but not limited to: o Shoreline Mitigation & Design o Street Lighting Design Page 176 of 201 Back to Agenda South Kitsap Community Events Center Site Development Proposal July 21, 2021 o 3rd Party Cost Estimating IV. Owner Responsibilities It is our understanding that City of Port Orchard will provide full information, including a program, setting forth its design objectives, constraints, and criteria; any available dimensioned drawings describing all existing improvements; and the services of other consultants when such services are deemed to be necessary. V. Schedule We understand that this work is expected to start as soon as the Purchase & Sale Agreement of the SKCEC site is completed, projected for summer to fall 2021. VI. Compensation For the Scope of Services outlined above, compensation shall be as described below. • Fixed Fee for the following: o RFM (Architectural & Project Management) $35,280.00 o KPFF (Civil & Survey) $54,835.00 o KPG (Landscape & Transportation) $87,250.00 o TOTAL Fixed Fee $177,365.00 • Hourly Not -To -Exceed for the following: o Krazan (Geotechnical Engineer) $33,578.00 • Plus, reimbursable expenses, plus any applicable tax. Consultant fees include RFM standard markup of 12%. Additional Services, when requested, will be billed on an hourly basis at our standard hourly rates, as listed in the attached Terms of Agreement, or as agreed to prior to commencement of the Additional Services. VII. Terms of Agreement Please provide an amendment to our South Kitsap Community Events Center contract upon accepting this proposal. Vill. Summary Thank you for the opportunity to propose on your project. We look forward to discussing our proposal further and working with you. Please contact me if you have any questions. Sincerely, Rice Fergus Miller, Inc. orie Limson Cook Project Manager E Page 177 of 201 Back to A.- Z i.0 — \ • • _ �� is Ir � NMW r' '\ R• tom ,I t-'r=• . _ r a.. y to i ,- Ro ert-Geiger-St vMr-Cr/",'Pt f/l lc6nu 0 K--IU Back to Agenda 1601 Fifth Avenue. Suite 1600 Seattle, WA 98101 206.622.5822 kpff.cam lqjff AGREEMENT FOR PROFESSIONAL SERVICES CIVIL & SURVEY DATE: May 21, 2021 SCOPE JOB NUMBER: 2000510 TASK NUMBER: CLIENT: Rice Fergus Miller Architects PROJECT NAME: South Kitsap Community Events Center Off -site Improvements Bay Street, Shoreline, & Orchard Avenue Additional Service Request, Rev 1 LOCATION: Port Orchard, WA SCOPE OF SERVICES In support of the South Kitsap Community Events Center and the conceptual design of the off -site improvements per Figure 1, KPFF will provide survey, civil engineering, waterfront design & planning services as described below for the requested Additional Service Request (ASR). CITY OF PORT ORCHARD MASTER PLAN OFF -SITE SCOPE DELINEATION RICEfL'/gU MLLFA 05.21.2021 Figure 1 KPFF. Inc. shall perform this work in conformance with the Terms and Conditions attached to and made a part of this contract, as shown on Page 5 of 5. Page 1 of 5 Page 179 of 201 Back to Agenda Survey 1. The survey efforts described in this ASR is in addition to the survey efforts documented in KPFF's proposal to RFM for "South Kitsap Community Events Center" dated January 27, 2021. Additional survey efforts to capture the off -site improvements will supplement the SKCEC site survey. Scope will include the following for the areas identified in Figure 1. a. Perform research on existing records for boundary resolution. b. Perform control survey; survey will be on State Plane Coordinates NAD 83/11 and Vertical Datum of NAVD 88. c. Perform topographic field survey. d. Coordinate and perform utility locates. e. Calculate boundary and prepare boundary basemap. 2. Assumptions: a. KPFF survey crews will be allowed unrestricted access to the site during the course of the survey. b. A title report will be provided by the client. c. Survey efforts will be accomplished under a single mobilization d. Documentation will be in a single CAD file and PDF file, which each sub -project will be able to use as base maps for their respective efforts. e. Bathymetry for Zone 2 is not included at this time, but can be added in the future under an additional service request. 3. Deliverables a. Prepare one topographic basemap that will be in AutoCAD 2018 file format and PDF sheet set of the survey. Each sub -project will use this survey as basemap for their respective efforts. Civil Engineering 1. Bay Street a. For Bay Street, we anticipate the following efforts for the conceptual design by the project team: i. Survey (KPFF, refer to efforts above) ii. Preliminary and Conceptual Street Layout (Horizontal + Vertical, KPG & KPFF) iii. Streetscape (KPG & RFM, w. KPFF coordination) iv. Utilities (KPFF) V. Transportation Planning & Engineering (KPG) b. KPFF's civil engineering efforts will include the following: i. KPFF will coordinate with KPG on the preliminary street layout and will document the conceptual street layout along Bay Street and impacted side streets based on KPG's preliminary street layout. We anticipate consideration of sidewalks, travel lanes, turn lanes, bicycle lanes, planting, and potential raised intersections. ii. KPFF will identify preliminary street elevations, which will inform FFE's for adjoining properties, in coordination with KPG iii. KPFF will coordinate with RFM and the City to determine sea level rise elevation assumptions that will inform Bay Street elevations and finished floor elevations. iv. Identify zones within the proposed street section for existing and proposed utilities NOTE: KPFF, Inc. shall perform this work in conformance with the Terms and Conditions attached to and made a part of this contract, as shown on Page 5 of 5 Page 2 of 5 Page 180 of 201 Back to Agenda a) This effort will include review of the City's previous planning efforts associated with Bay Street and the undergrounding of electrical distribution and services, which will be provided to the team for review. b) We anticipate 2 meetings with the City to get feedback on utility planning needs V. Support RFM and KPG for their streetscape and transportation planning efforts c. Deliverables i. Documenting Conceptual Street Layout (H+V) plan view, anticipate 3-5 sheets ii. Documenting the identified existing and proposed utility zones, anticipate 3 sheets and 2 representative sections iii. Provide list identifying civil related items needing further coordination for next phase of design 2. Shoreline and Orchard Avenue a. For the portion of the shoreline DNR property located above the Mean Higher High Water Line, located to the northwest of the SKCEC property, and Orchard Avenue, we anticipate the following civil engineering efforts for the conceptual design i. Supporting RFM and KPG's efforts to develop the conceptual site plan ii. Coordination with the City, and the RFM conceptual program and design efforts to determine preliminary drainage mitigation requirements iii. Coordination with the pump station for grade relationships b. Deliverables i. Narrative documenting civil drainage considerations for conceptual site plan 3. Assumptions: a. Civil will advance design efforts once the topographic survey is ready. b. Civil will review the construction cost estimates that will be developed by others. c. Roadway profiles are not anticipated at this time, but can be added at a future date d. Utility design is not anticipated at this time, utility zones will be based on assumptions that provide approximate space allocations e. We will attend 8 coordination meetings with the project and City team SPECIAL CONDITIONS This scope of work is based on Figure 1 above. The off -site improvements efforts will occur after the schematic design of the SKCEC, and schedule will last approximately 3 months from receipt of a notice to proceed. This scope does not any work below the Mean Higher High Water Line. Any work below the Mean Higher High Water Line will be addressed in a future ASR; except, Bay St is included. Technical coordination will be managed by the lead surveyor or engineer for each discipline. Contract matters will be managed by Andrew Bennett, PE. NOTE: KPFF, Inc. shall perform this work in conformance with the Terms and Conditions attached to and made a part of this contract, as shown on Page 5 of 5 Page 3 of 5 Page 181 of 201 Back to Agenda FEE We propose to provide the scope noted above for the following hourly, not to exceed, fees, which are in addition to the fees already authorized for the SK CEC schematic design efforts. Survey Additional Topographic and Boundary Survey 9,100 Civil Enaineerin Bay Street: Conceptual Street Layout (H&V) $ 18,900 Utility Zones 9,500 Bay Street Subtotal: $ 28,400 Shoreline & Orchard Ave Conceptual Shoreline & Orchard Avenue Design Support 9,500 Sea Level Rise Coordination & Recommendations $1,960 Shoreline and Orchard Ave Subtotal: $11,460 Civil Engineering Subtotal: $ 39,860 KPFF Off -site Improvements ASR Fee: $48,960 Offered By (KPFF, Inc.) a�zoz,oatl�eaw�^�9"�oo�mea ooKOFF�o�=��,�9E�9�ee,=. ,o5N1258570 (Signature) Andrew Bennett, PE Principal (Print Name/Title) Accepted by (Client) (Signature) (Print Name/Title) NOTE: KPFF, Inc. shall perform this work in conformance with the Terms and Conditions attached to and made a part of this contract, as shown on Page 5 of 5 Page 4 of 5 Page 182 of 201 Back to Agenda Preliminary (10%) Design for SKCEC Off -site Area Bay Street, Port Street Plaza, Orchard Street Plaza and the Waterfront Pathway KPG Scope of Work 5.24.21 Description LANDSCAPE & TRANSPORTATION SCOPE The City is developing a Downtown Subarea Plan to identify improvements and support redevelopment. This Scope of Work is for a transportation analysis, preliminary layout (10% design) of Bay Street, Port Street Plaza, Orchard Street Plaza and the Waterfront Pathway as shown in orange area on the Site Scope Delineation exhibit below CITY OF PORT ORCHARD MASTER PLAN OFF -SITE SCOPE DELINEATION RIcorgus MILLER 05.21.2021 Purpose The purpose of the preliminary design is to provide a layout for preliminary site planning and engineering design, coordinate with WSDOT, set elevations for multiple proposed developments, and to illustrate how this will fulfill the City's downtown vision in relation to the proposed South Kitsap Community Events Center (SKCEC). Page 183 of 201 Back to Agenda Description of Preliminary (10%) Design This work is separated into the following tasks: • Survey and Basemapping (KPFF) • Preliminary Bay Street Layout (horizontal and vertical) (KPFF and KPG) • Bay Streetscape design (KPG and RFM) • Port Plaza site layout concept (KPG and RFM) • Port Plaza preliminary engineering (KPG and KPFF) • Orchard Plaza site layout concept (KPG and RFM) • Orchard Plaza preliminary engineering (KPG and KPFF) • Waterfront Pathway layout (KPG and RFM) • Utilities (KPFF) • Transportation Planning (KPG) KPG's services will include the following: 1. Transportation Planning: Multimodal review including bicycle facilities, transit, ADA and pedestrian facilities, turning movements and requirements for center turn lane or turn pocket lengths, access to parking garages, large truck vehicle access to parcels. 2. Preliminary Street Layout: Sidewalks, on -street parking, crosswalks, curb bulbs, travel lanes, channelization, and pavement treatments for raised roadway areas. 3. Streetscape Design: Layout of city standards, including street illumination, conceptual pavement layout, furnishings, crosswalks, street trees and landscaping. 4. Preliminary Site Design 10% concept site layout for the Port Plaza, Orchard Plaza, and Waterfront Pathway. 5. Presentation Graphics: Illustrative layouts to convey the proposed Preliminary Street Design, Plazas and Waterfront Pathway design, Transportation Planning and Streetscape placemaking elements, and an illustrative photosimulation/perspective to convey streetscape related to the SKCEC building. The graphics will also identify a vision and opportunities. 6. Reviewing City shoreline design requirements and standards, as it relates to impervious surface limitations and landscape planting requirements. Assumptions • KPG will use existing City standards for the Streetscape Layout, including street illumination. • The City will provide KPG the proposed development land uses and proposed new development square footage to support the transportation planning analysis. • RFM/KPFF will provide a preliminary base street plan for the Bay Street layout with KPG coordination. • RFM/KPFF will provide a preliminary base street plan for the Bay Street layout with KPG coordination. • RFM will provide a preliminary base map for site design for the SKCEC "off -site areas", as shown in orange on the above exhibit, including pertinent adjacent improvements, for the conceptual design of Port Street Plaza, Orchard Street Plaza, and the Waterfront Pathway. • RFM to provide previously developed layouts for the Waterfront Pathway. • KPG will coordinate with KPFF and RFM on site design for the (2) plazas and Waterfront Pathway. • KPG will coordinate with KPFF on Preliminary Bay Street Layout. • KPG will coordinate with RFM for presentation graphics. Page 184 of 201 Back to Agenda • The KPG scope of work supports inherent management responsibilities, including client, project and internal coordination meetings. • The KPG transportation planning analysis will not include preparation of Intersection Control Evaluations (ICE) or other WSDOT documentation. Additionally, study will not include SEPA evaluation (TIAs) of proposed developments or signal warrant analysis at intersections. • The Waterfront Pathway design will not reflect shoreline analysis and potential mitigation. Shoreline analysis will be conducted by KPFF at a future phase, after which conceptual design along the shoreline may need to be modified. • We will attend up to ten (10) coordination meetings with the Project and City Team. KPG Scope of Work Task 1 Transportation Planning 1.1 Review Developer and City, plans and documents, provided by the City. 1.2 Evaluate existing conditions including traffic circulation patterns, crash history, transit routes, parking supply, pedestrian circulation and non -motorized facilities. Collect up to three 2-hour PM peak hour intersection counts, adjust counts to reflect pre -pandemic conditions, and develop a traffic operations model (Synchro 11) to evaluate PM peak hour intersection operations. 1.3 Evaluate land use by estimating trip generation using ITE Trip Generation (10th edition) data. Evaluate changes to circulation related to the closure of Oak Avenue for the pedestrian plaza and change of Frederick Avenue to two-way operations. Review circulation and access needs for heavy vehicles, parking garages, and pedestrian connectivity. 1.4 Determine intersection channelization and turn lane lengths along corridor and identify cross section to show travel lanes, and pedestrian, parking and bicycle facilities. 1.5 Evaluate pedestrian crossing locations and treatments based on traffic volumes, sight distance, and expected pedestrian crossing volumes. 1.6 Prepare a brief technical memorandum along with graphics that summarizes the analysis and findings of the task. Task 1 Deliverables ■ Draft Memo ■ Final Memo ■ Provide a list of items or issues that need to be resolved for final design. Task 2 Preliminary Bay Street Layout 2.1 Provide streetscape design for Bay Street, as shown in orange on the exhibit above, and review and coordination with KPFF. • Identify curb alignment, curbless areas and changes of pavement, crosswalks, bike facilities, driveways, channelization, and signing. Task 2 Deliverables ■ Draft Street Plan Layout Page 185 of 201 Back to Agenda ■ Final Street Plan Layout ■ Provide a list of items or issues that need to be resolved for final design. Task 3 Preliminary Bay Street Streetscape Design 3.1 Review City design documents and confirm any outstanding questions with City. 3.2 Provide preliminary layout for street illumination per proposed City standards for Bay Street, as shown in orange on the exhibit above. 3.3 Provide preliminary site layout for pavement type, street trees, planting areas, site furnishings, and programming opportunities for Bay Street, as shown in orange on the exhibit above. 3.4 Provide presentation graphics including: • One (1) Illustrative layout to convey the proposed Preliminary Street Design, Transportation and Streetscape placemaking elements. • One (1) Illustrative photosimulation/perspective to convey streetscape related to the CEC building by RFM with coordination by KPG. Task 3 Deliverables ■ Draft Street Plan Layout with streetscape elements including conceptual street illumination, plantings, pavement type and scoring. ■ Final Street Plan Layout with streetscape elements including conceptual street illumination, plantings, pavement type and scoring. ■ Provide a list of items or issues that need to be resolved for final design. Task 4 SKCEC off -site areas Preliminary Design 4.1 Review City shoreline design requirements and standards specific to SKCEC off -site areas, including limitations for redevelopment and landscape planting requirements. 4.2 Provide preliminary (10%) Site Design for the Port and Orchard street plazas (2) and the Waterfront Pathway. • One (1) Illustrative plan graphic including linework showing hardscape and planting areas, vehicular and pedestrian circulation, and urban design elements. • Supporting graphics showing the proposed materials and aesthetics of the preliminary design, including: o Perspective sketches (up to 2) o Urban Design and Planting material palette, with inspirational images Task 4 Deliverables ■ Summary of shoreline design standards research and how it affects the site layout. ■ Draft Preliminary site design of the (2) plazas and Waterfront Pathway for RFM review and project team coordination. ■ Final (10%) Preliminary site design illustrative site plan of the (2) plazas and Waterfront Pathway. ■ Supporting graphics Page 186 of 201 Back to Agenda EXHIBIT B KPG CONSULTANT COST COMPUTATIONS Client: Rice Ferguson Miller SKCEC Off -site Preliminary (10%) Design KPG PROJECT NUMBER: 20040 V1 DATE: 5.24.21 Task No. Task Description Labor Hour Estimate Total Hours and Labor Fee Estimate by Task Principal Urban Design Manager Senior Proj Engineer Senior Transportation Planner Projectect Landscape Architect Senior Admin Engineering Technician CAD Technician Transportation Planner Office Admin Landscape Technician 262 186 171 159 135 107 100 107 104 92 95 Hours Fee Assume 4 months for Preliminary (10%) Design Task 1 Transportation Planning 1.1 Review developer and city plans and documents 4 8 12 $ 1,516.00 1.2 Evaluate existing conditions 12 18 30 $ 3,924.00 1.3 Analyze changes to circulation and traffic operations 4 16 20 $ 2,348.00 1.4 Analyze operations with developments 12 12 24 $ 3,300.00 1.5 Evaluate pedestrian crossing locations 8 14 22 $ 2,824.00 1.6 Draft and Final Tech Memo 16 20 36 $ 4,816.00 Task Total 0 0 56 0 0 0 0 0 88 0 0 144 $ 18,728.00 Task 2 Preliminary Street Layout 2.1 Provide street design and coordinate with KPFF 8 2 24 8 42 $ 6,468.00 Task Total 8 2 0 0 24 0 0 0 0 0 8 42 $ 6,468.00 Task 3 Preliminary Streetscape Design 3.1 Review City documents 4 2 4 10 $ 1,104.00 3.2 Preliminary Illumination Layout 4 8 2 14 $ 1,698.00 3.3 Preliminary Site Layout 4 4 24 8 40 80 $ 9,688.00 3.4 Presentation graphics 2 8 24 34 $ 3,884.00 Task Total 6 4 4 0 36 0 8 10 0 2 68 138 $ 16,374.00 Task 4 SKCEC off -site areas Preliminary Design 4.1 lCity shoreline design standard review 2 3 8 13 $ 1,306.00 4.2 1 Preliminary (10%) Site Design 4 8 60 4 80 156 $ 18,652.00 Task Total 4 8 0 0 62 0 0 0 4 3 88 169 $ 36,332.00 Total Labor Hours and Feel 18 1 14 1 60 1 0 1 122 1 0 1 8 1 10 1 92 1 5 1 164 1 493 1 $ 77,902.00 Mileage at current IRS rate $ 500.00 Traffic Counts $ 760.00 Reproduction Allowance $ 500.00 Total Reimbursable Expense $ 1,760.00 Total Estimated Budget $ 81,422.00 Page 187 of 201 Back to Agenda Lorie Limson Cook From: Sent: Thursday, July 8, 2021 4:43 PM GEOTECHNICAL To: Lorie Limson Cook Subject: RE: Change Order for Plazas and Bay Street (around SKCEC) ENGINEER SCOPE Hi Lorie, I was able to prep a budget for this (please see below). I'm thinking six (6) 20' soil borings for investigation, which may require 3 days of field work. I'll work on the formal proposal & submit it to you shortly. Description Units Rate Cost Field Engineer/Geologist (locates & drilling observation) 30 hours $95.00 $2,850.00 Senior Field Geologist 5 hours $125.00 $625.00 Project Engineer 24 hours $95.00 $2,280.00 Senior Geotechnical Engineer 8 hours $135.00 $1,080.00 Project Management 2 hours $105.00 $210.00 Project Admin 2 hours $55.00 $110.00 Moisture Content 24 each $25.00 $600.00 Sieve Analysis 6 each $125.00 $750.00 Atterberg Limits 2 each $150.00 $300.00 Consolidation 2 each $500.00 $1,000.00 Subcontractor: Drilling (8hrs max) 3 days $4,575.00 $13,725.00 Subcontractor: Traffic Control (8hrs max) 3 days $1,350.00 $4,050.00 Subcontractor: Traffic Control Plan 1 each $375.00 $375.00 Subcontractor: Private Locate (GPR) 3 each $650.00 1,950.00 ROW Permit Fees 1 each $75.00 $75.00 Total (T&M, NTE w/o prior authorization): $29,980.00 1 Page 188 of 201 Thanks, Vijay Chaudhary, P.E. Project Engineer Krazan & Associates, Inc. 825 Center Street, Suite A Tacoma, WA 98409 T: 253-939-2500, F: 253-939-2556 C: 360-219-5638 viiaychaudhary@krazan.com www.krazan.com �I (xaa Construction Testing & Inspection, Environmental/HazmatSurveys, Geotechnical Engineering 2 Page 189 of 201 Back to Agenda Amendment No. I to Contract No. C066-20 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH RICE FERGUS MILLER, INC. THIS AMENDMENT to Contract No. C066-20 ("Amendment") is made effective as of the _ day of , 2021, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Rice Fergus Miller, Inc., a corporation organized under the laws of the State of Washington, located and doing business at 275 5t' Street #100, Bremerton, WA 98337 ("Consultant"). WHEREAS, on July 29, 2021, the City executed a Professional Services Agreement with Consultant, for the provision of the Phase I of the South Kitsap Community Events Center (SKCEC) project ("Underlying Agreement"); and WHEREAS, Section 2 ("Schedule of Work") of the Underlying Agreement provides that "the Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit `B" and the terms of this Agreement", and WHEREAS, Section 4 ("Compensation") of the Underlying Agreement provides that "(c)ompensation for these services shall be a Lump Sum of $400,000.00", and WHEREAS, the Consultant and the City have conferred and agreed to amend the scope of professional services to be performed and the compensation for these services; and WHEREAS, the parties wish to memorialize their agreement to so extend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of July 29, 2020 between the parties is amended as follows (amendment shown in legislative marks): • The Consultant shall perform additional professional services for site design of the off -site area that surrounds the SKCEC parcel, for additional maximum compensation of $210,943 and a total amended contract amount of $610,943, as provided in Attachment 1 to this Amendment. 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. Page 190 of 201 CITY OF PORT ORCHARD, Rice Fergus Miller, Inc. WASHINGTON Signature Robert Putaansuu, Mayor Printed Name and Title ATTEST/AUTHENTICATED: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney Attachment: RFM Change Order for Design of SKCEC Off -Site Development Page 191 of 201 Back to Agenda Page 192 of 201 Back to Agenda CITY OF PORT ORCHARD Authorization for Amendment No. 1 Date: July 27, 2021 Project: Phase 1 of SKCEC Contract / Job # C066-20 Contractor: Rice Fergus Miller The City has requested a site design for the off -site zone that surrounds the SKCEC parcel, which is located at 619 Bay Street. This design will provide the City with a basis to estimate the costs of needed off -site improvements and infrastructure, and determine how funds will be obtained to support their future construction. Contract History Amount Sales Tax Total Date Appvd by Original Contract $400,000.00 $0.00 $400,000.00 Council Amendment 1 $210,943.00 $0.00 $210,943.00 DCD Director Total Contract $610,943.00 $0.00 $610,943.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Printed Name & Title Director, Department of Community Development Nicholas Bond, AICP Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest: $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. Mayor City Clerk Council Approval Date Page 1 Page 193 of 201 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of July 13, 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 Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Lucarelli Councilmember Rosapepe Mayor Putaansuu Present Present Present via Remote Access Absent Absent Present Present via Remote Access Present Staff present: Public Works Director Dorsey, Community Development Director Bond, Police Chief Brown, City Attorney Archer, City Clerk Rinearson, and Deputy City Clerk Floyd. The meeting is also streaming live on YouTube. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to add the excusal of Councilmembers Ashby, Cucciardi, and Diener and to remove Consent Agenda item 7E. The motion carried. MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to approve the agenda as modified. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. Page 194 of 201 Back to Agenda, Minutes of July 13, 2021 Paee 2 of 7 4. CONSENT AGENDA A. Approval of Voucher Nos. 82275 through 82360 including bank drafts in the amount of $740,067.73 and EFT's in the amount of $1,023,668.55 totaling $1,763,436.28. B. Approval of Payroll Check Nos. 82269 through 82274 and 82361 through 82364 including bank drafts and EFT's in the amount of $413,597.58 and Direct Deposits in the amount of $378,361.49 totaling $791,959.07. C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.12 Establishing Regulations and Fees Related to Parking, Stopping, and Standing in Certain Areas of the City (Ordinance No. 027-21) D. Approval of the June 15, 2021, City Council Work Study Meeting Minutes F. NEW: Excusal of Councilmembers Ashby, Cucciardi, and Diener Due to Personal Obligations MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to approve the consent agenda as amended. The motion carried. 5. PRESENTATION A. Bethel Roundabout Public Works Director Dorsey provided a chronology for the Bethel/Lincoln Intersection Improvement project which included information on public outreach and meetings, 30% design phase, alternatives, and moving towards 80% design. B. CFC Exceptions This item was not presented due to Finance Director Crocker not in attendance. 6. PUBLIC HEARING A. Sidney Road Apartments Development Agreement for Transportation and Park Impact Fee Credits Mayor Putaansuu opened the public hearing at 6:41 p.m. Brianne Kelsey, Director of development with Tarragon, noted that Tarragon has been around for quite some time as they were founded in 1995. They are confident in moving forward with the project and where things are at. They are also pleased to be part of a bigger vision with the Ruby Creek neighborhood. Additionally, they have broken ground on site. They are anticipating being open by the end of 2022. Page 195 of 201 Back to Agenda, Minutes of July 13, 2021 Paee 3 of 7 She said the Development Agreement before Council this evening represents a positive fiscal arrangement in advancing forward, not only towards the site, but also towards the City. In response to Gerry Harmon, Mayor Putaansuu explained this is located with the Ruby Creek subarea which is north of the Sedgwick/Sidney intersection [next to Grey Chevrolet]. At 6:47 p.m., Mayor Putaansuu closed the public hearing. At 6:48, p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session pursuant to RCW 42.30.110(1)(i) to discuss legal risks of a proposed action that the agency has identified where there are potential adverse legal and financial consequences to the agency. Community Development Director Bond and City Attorney Archer were invited to attend, and City Attorney Archer noted action will follow. At 7:03 p.m., Mayor Putaansuu reconvened the meeting back into session. 7. BUSINESS ITEMS A. Adoption of an Ordinance Approving the Sidney Road Apartments Development Agreement for Transportation and Park Impact Fee Credits MOTION: By Councilmember Ashby, seconded by Councilmember Lucarelli, to adopt an ordinance approving of and authorizing the Mayor to sign the Sidney Road Apartments development agreement for transportation and park impact fee credit. The motion carried. (Ordinance No. 034-21 and Contract No. 076-21) B. Adoption of an Ordinance Approving a New Contract with the Washington State Department of Ecology for the Continuation of the Marina Pump Station Rebuild Project, Loan Agreement No. WQC-2019-PoOrPW-00025 MOTION: By Councilmember Lucarelli, seconded by Councilmember Chang, to adopt Ordinance No. 029-21, thereby approving Contract No. 068-21 with the State Department of Ecology, repealing Ordinance No. 007-19, and accepting an amended Clean Water State Revolving Fund (CWSRF) loan for the continuation of the Marina Pump Station Rebuild Project in the revised amount of $13,000,000. The motion carried. C. Adoption of a Resolution Accepting the Lodging Tax Advisory Committee's Recommendation for Distribution of the Remainder of 2021 Funds Page 196 of 201 Back to Agenda, Minutes of July 13, 2021 Paee 4 of 7 MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to adopt a resolution, accepting the Lodging Tax Advisory Committee's recommendation for 2021 funding allocations for Marketing and Operations of Events, as presented. In response to Councilmember Change, City Clerk Rinearson noted the $6,000 from Fathoms O' Fun is an ask for certified flaggers for traffic control. Mayor Putaansuu explained that police will be enforcing events and not providing traffic control, so event organizers will need to provide traffic control. Councilmember Ashby voiced her concerns with awarding the $6,000 at this time to Fathoms O' Fun as not all non -profits or other event organizers are aware of needing to provide traffic control. Also, the $6,000 was not documented and she questions the validity of some of the budget numbers submitted in the applications as they don't balance. She would like to re -open lodging tax again and let other applicants submit for traffic control. In response to Mayor Putaansuu, City Attorney Archer agreed Council can either accept, or reject the Committee's recommendations and send back to the Committee. They cannot modify the recommendation on the dais. The motion failed. Councilmembers Lucarelli, Ashby, Chang, and Clauson voted no. D. Approval of a Contract with CodePros, LLC for Building Department and Building Inspection Services MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to approve a contract with CodePros LLC as presented. The motion carried. (Contract No. 074-21) E. Approval of Amendment No. 2 to Contract No. 090-20 with Murraysmith, Inc. for the Continuation of the 2020-21 McCormick Village Park Splash Pad Retrofit Project MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to authorize the Mayor to execute Amendment No. 2 to Contract No. C090-20 with Murraysmith, Inc. in the amount of $48,711 for the preparation of the 2020-2021 McCormick Village Park Splash Pad Retrofit Ad Ready Design. The motion carried. Councilmember Chang voted no. F. Approval of Awarding the Responsive Bidder and Authorize the Mayor to Execute an Agreement for the City's Official Newspaper Page 197 of 201 Back to Agenda Minutes of July 13, 2021 Page 5 of 7 MOTION: By Councilmember Ashby, seconded by Councilmember Chang, to authorize the Mayor to execute an agreement with Kitsap Sun as the City's Official Newspaper as presented. The motion carried. (Contract No. 075-21) G. Approval of the June 22, 2021, City Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the minutes of the June 22nd meeting. The motion carried. Councilmember Ashby abstained. 8. DISCUSSION ITEMS (No Action to be Taken) A. Port Orchard Parks Survey Results Mayor Putaansuu shared the results of the Port Orchard Parks survey which was active for about a month. He explained signs were put up in all City parks and a QR code was provided. B. Puget Sound Regional Council Job Estimates Mayor Putaansuu said he received employment data for the City and provided the last three-year review on job creation in our community. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Chang reported on the July 12th Economic Development and Tourism Committee meeting. Mayor Putaansuu reported the Utilities Committee is scheduled to meet August 10th. The Sewer Advisory Committee is scheduled to meet July 21St. He also reported on the Kitsap Transit Board meeting and Sunday ferry service. Councilmember Rosapepe reported on the July 81h Land Use Committee meeting. Mayor Putaansuu and Councilmember Ashby reported on the Kitsap County Coordinating Council county -wide planning policies. Councilmember Ashby reported on the Puget Sound Regional Coordinating Council Transportation Policy Board. Set! :19 I01:4 te] 2 ►VA I_\193:1 Page 198 of 201 Back to Agenda Minutes of July 13, 2021 PaRe6of7 The Mayor reported on the following: • In accordance with Ordinance 008-20 'Delegating Authority to the Mayor for Creating and Modification of Job Descriptions', he reported on the HR Specialist job description and interviews, and minor modifications to the job description of the Public Works Office Assistant position; • Fireworks and other public events; and • Van Zee tennis courts. 11. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey reported on Sidney Avenue road work, roundabout at McCormick Woods, and Pottery Lift Station. Community Development Director Bond reported on the current population count. Police Chief Brown appreciated the comments regarding the July 101" event, and provided accreditation updates. City Clerk Rinearson reported on the public records request JLARC report submitted to the State. 12. CITIZEN COMMENTS Randy Jones spoke about imminent domain with the Bay Street Pedestrian Pathway and explained his current business situation. Gerry Harmon would like parking permits to be issued for people working homes or property that are at no charge, and also spoke to fireworks with no explosive sounds. Robert McGee voiced his concerns with the Port Orchard parks survey results and connection fee increases. 13. EXECUTIVE SESSION At 8:32, p.m., Mayor Putaansuu recessed the meeting for a 20-minute executive session pursuant to RCW 42.30.110(1)(i) to discuss legal risks of a proposed action that the agency has identified when there are potential adverse legal and financial consequences to the agency. Community Development Director Bond, and City Attorney Archer were invited to attend, and City Attorney Archer noted no action will follow. At 8:52 p.m., Mayor Putaansuu reconvened the meeting back into session. GOOD OF THE ORDER Page 199 of 201 Back to Agenda Minutes of July 13, 2021 Page 7 of 7 Good of the order not held. 14. ADJOURNMENT The meeting adjourned at 8:52 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 200 of 201 Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Discussion Item A Subject: City's Spring and Fall Clean-up Program Meeting Date: July 27, 2021 Prepared by: Charlotte Archer City Attorney Atty Routing No.: 366922.0009 — PW Atty Review Date: N/A Summary: At its work study meeting earlier this year, the City Council asked staff to audit the City's Spring/Fall Clean -Up Program and report to Council on the various options for the Program moving forward. As discussed, the City's Spring/Fall Clean-up Program provides many benefits to the community, but the costs associated with the program have dramatically increased as the City's service area quadrupled in the past few years. Options for discussion include: • Partnering with a solid waste partner for the retrieval of "bulky material" by appointment or on a specific day for the event; or • Continuing to operate the program utilizing the City's public works department. Recommendation: Discuss the options for proceeding with the Program and provide further direction for development of the City's policy to govern this Program. Page 201 of 201