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04/27/2021 - 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 Rosa pepe Utilities/Sewer Advisory Committee Land Use Committee Transportation Committee Lodging Tax Advisory Committee, Chair KRCC-alt John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Rinearson, MMC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhal I@cityofportorchard.us City of Port Orchard Council Meeting Agenda April 27, 2021 6:30 p.m. Pursuant to the Governor's "Stay Home - Stay Safe" Order, the City will take actions on necessary and routine business items. The City is prohibited from conducting meetings unless the meeting is NOT conducted in -person and instead provides options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in -person) to hear each other at the same time. Therefore, Remote access only Link: https:Hus02web.zoom.us/i/82987625865 Zoom Webinar ID: 829 8762 5865 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. Approval of an Amendment and Restated Interlocal Cooperation Agreement for Kitsap Special Assault Investigations and Victim's Services (Kitsap S.A.I.V.S.) (M. Brown) Page 3 5. PRESENTATION A. Water CIP Presentation (Dorsey) 6. PUBLIC HEARING A. Surplus of Proprietary Funds (Water, Sewer and Storm Drainage) Util Equipment (Rinearson) Page 10 7. BUSINESS ITEMS A. Adoption of a Resolution Granting Final Plat ADDroval for Amherst Final Plat (McCormick Parcel A) (Bond) Page 13 B. Adoption of a Resolution Declaring Certain Equipment as Surplus and Authorizing its Disposition (Rinearson) Page 35 C. Adoption of a Resolution Approving a Contract with PBS Engineering and Environmental, Inc. for Safety Training and Safety Manual Development (Dorsey) Page 41 D. Adoption of a Resolution Approving Amendment No. 1 to Contract No. 036-20 with Krazan & Associates for On -Call Professional Materials Testing, Inspection, and Geotechnical Services (Dorsey) Page 56 E. Adoption of a Resolution Authorizing the Surplus of City Equipment (M. Brown) Page 62 F. Approval of the 2021 Comprehensive Plan Amendments Docket (Bond) Page 67 G. Approval of the April 13, 2021, City Council Meeting Minutes Page 72 8. DISCUSSION ITEMS (No Action to be Taken) 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. CITY COUNCIL GOOD OF THE ORDER 15. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Economic Development and May 10, 2021; 9:30am — 2"d Monday of each Remote Access Tourism month Utilities May 18, 2021; 5:00pm Remote Access Land Use May 12, 2021; 4:30pm — 2nd Wednesday of each Remote Access month Festival of Chimes & Lights June 21, 2021; 3:30pm - 3rd Monday of each Remote Access month Finance May 18, 2021; 5:00pm Remote Access Transportation April 27, 2021; 5:00pm; 4th Tuesday of each Remote Access month Sewer Advisory May 19, 2021; 6:30pm Remote Access Lodging Tax TBD Remote Access Outside Agency Committees Varies Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations. April 27, 2021, Meeting Agenda Page 2 of 2 Back to Agenda City of Port Orchard 216 , Orchard, Prospect Street Port WA 98366 p 20� (360) 876-4407 • FAX (360) 895-9029 � Agenda Staff Report Agenda Item No.: Consent Agenda 4C Subject: Approval of an Amendment and Restated Interlocal Cooperation Agreement for Kitsap Special Assault Investigations and Victim's Services (Kitsap S.A.I.V.S.) Meeting Date: April 27, 2021 Prepared by: M. Brown Atty Routing No. Atty Review Date Police Chief 366922.0012 — PD April 6, 2021 Summary: Historically, the City has been an active partner with the Kitsap Special Assault Investigations and Victim's Services (Kitsap SAWS), which facilitates the sharing of information and resources among law enforcement agencies in Kitsap County to combat certain crimes. The mission of Kitsap SAWS is to coordinate and enhance our community agencies' approach to sexual assault, domestic violence, child abuse, human trafficking, and exploitation of vulnerable adults. The existing interlocal agreement among the partner agencies has expired and needed updating. This amended and restated ILA, drafted by the Kitsap County Prosecuting Attorney's Office, reflects terms covering the management and operations of Kitsap SAWS. The agreement covers all law enforcement and investigative member agencies. The complete operational team is a public/private partnership between law enforcement, medical providers, and social service agencies. Recommendation: Staff recommends the Council authorize the Mayor to sign the Interlocal Cooperation Agreement for Kitsap Special Assault investigations and Victim's Services (Kitsap SAWS). Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor to sign the Interlocal Cooperation Agreement for Kitsap Special Assault Investigations and Victim's Services (Kitsap SAWS). Fiscal Impact: None. Partner agencies are not requested to financially contribute, and staff time contributions are de minimis. Alternatives: Not authorize the ILA and provide further guidance. Attachments: Amended and Restated Interlocal Cooperation Agreement for Kitsap Special Assault Investigations and Victim's Services (Kitsap SAWS). Page 3 of 78 Back to Agenda AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT for KITSAP SPECIAL ASSAULT INVESTIGATIONS AND VICTIM'S SERVICES (KITSAP S.A.I.V.S.) THIS AMENDED AND RESTATED INTERLOCAL COOPERATION AGREEMENT is made and entered into by and between the undersigned members of Kitsap S.A.I.V.S., pursuant to provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. This Amended and Restated Agreement replaces all prior Interlocal Agreements for Kitsap SAIVS in their entirety. Definitions For the purposes of this Interlocal Cooperation Agreement, and all other agreements, contracts, and documents executed, adopted, or approved pursuant to this Agreement, the following terms have the meaning prescribed to them in this section unless the context of their use dictates otherwise: (1) "Member agency" means any public law enforcement or investigative agency which is a party or becomes a party to this Interlocal agreement and is a County, City, State or federally recognized Tribal law enforcement or investigative agency within the region. (2) "State" means the State of Washington. (3) "Region" means the territory physically lying within the boundaries of Kitsap County. (4) "Council" means the governing joint board of the Kitsap S.A.I.V.S. Center, comprised of the head of each member agency, or the agency's designee. (5) "Center" means the Kitsap S.A.I.V.S. Center. (6) "Joint operating agreement" or "Agreement" or "ILA" means this Interlocal Cooperation Agreement executed by member agencies. (7) "Majority vote" means more than one-half of the votes cast when a quorum is present and must include at least one vote of a County law enforcement representative and at least one vote of the law enforcement representative from each of at least two separate cities. (8) "Quorum" means a majority of the member agencies. Recitals WHEREAS, the undersigned member agencies recognize the need and desirability for coordination, cooperation, and consultation among members to improve services provided to victims of domestic and sexual abuse, improve the quality of criminal investigations by Interlocal Cooperation Agreement for S.A.I.V.S. — Page 1 Page 4 of 78 Back to Agenda streamlining contacts with the victim, coordinate investigative needs, make more efficient use of limited resources, and establish a joint fundraising support network, thereby better serving our communities; WHEREAS, the undersigned member agencies believe that special assault investigations and victim services usually conducted by each member agency can be coordinated and combined, and duplication eliminated, in all or in part, by the creation and operation of a center where such activities can be performed through participation among member agencies; WHEREAS, chapter 26.44 RCW and chapter 74.34 RCW encourage the use of multidisciplinary teams to coordinate criminal cases involving children and vulnerable adults; and WHEREAS, the undersigned member agencies desire to establish a funding mechanism for the creation and operation of a center whereby certain of the functions of each member agency can be met more efficiently with regard to the needs of special assault criminal investigations and the needs of special assault victims. THEREFORE, in consideration of mutual promises and covenants, the undersigned members agree as follows: 1. ORGANIZATION, COMPOSITION AND NATURE The undersigned member law enforcement and investigative agencies, represented by the elected official and/or head of each member agency or designee, constitutes the Council of Kitsap S.A.I.V.S.: Kitsap County Prosecuting Attorney, Kitsap County Sheriff, City of Bainbridge Island Police Department, City of Bremerton Police Department, City of Port Orchard Police Department, City of Poulsbo Police Department, the Department of Child, Youth and Families (DCYF, formerly "CPS"), Kitsap County Clerk, and any other public agency that becomes a member agency by future vote of the Council. This Agreement does not create a separate legal or administrative entity. This joint operating agreement memorializes an unincorporated association of governments for purposes of collaboration between them, each exercising independent power, privileges, and/or authority in the performance of this Agreement. All persons performing activities pursuant to this Agreement shall remain employees of their member law enforcement and investigative agencies, and the acts of a person performing activities pursuant to this Agreement are the acts of such person's employing member agency. The Council constitutes the joint board formed for the cooperative purposes described in this joint operating agreement. The affairs of the Council are governed by this Agreement and by the Council's Bylaws and are otherwise limited only by limitations in the powers, privileges, or authority exercised or capable of exercise by a member agency. 2. AUTHORITY AND PURPOSES Interlocal Cooperation Agreement for S.A.I.V.S. — Page 2 Page 5 of 78 Back to Agenda The Council has the following authority and purposes: To oversee the funding, establishment, and operation of a physical Center where certain functions of each individual agency can be met collaboratively with regard to special assault criminal investigations and the needs of special assault victims, and to establish a funding mechanism to support the establishment and continued operation of the Center. 3. FUNDING The Council may apply for, accept, hold, invest, and administer any gifts, legacies, bequests, devises, funds, and property from public or private sources of any sort or nature, and may use and expend such funds and property to accomplish the purposes of this joint operating agreement consistent with all applicable local, state and federal law. If a member agency elects to make a financial contribution, the member agency's total financial contributions to Kitsap S.A.I.V.S., if any, shall form the basis of their proportional contribution in the event of termination and disposal of assets. 4. SERVICE PROVISIONS Funds obtained by the Council for Kitsap S.A.I.V.S. shall be used solely for the purposes described in this joint operating agreement. All expenditures are subject to the review and approval of the Council, and periodic audits will be performed as prescribed by law. All member agencies have the right to review and audit the financial statements upon request. The Council will maintain records of Council meeting minutes. Public Records requests for these records shall be handled by the Kitsap County Prosecutor's Office Public Records Officer. Records prepared, compiled, generated, or used of activities performed pursuant to this Agreement by member agencies shall be maintained by those member agencies. 5. FISCAL YEAR AND BUDGET The fiscal year coincides with the calendar year. Member agencies are not expected to allocate funding under this Agreement. The Council will adopt an annual work program and budget in advance of each fiscal year that identifies anticipated activities, goals, revenues and expenditures for completing the joint operating agreement. The Kitsap County Prosecuting Attorney shall administer the S.A.I.V.S. Fund in accordance with applicable laws, this Interlocal Agreement, and any other policies and procedures adopted by the Council. The Treasurer of Kitsap County shall be the custodian of funds made available for the purposes of this joint operating agreement, and the Treasurer may make payments from such funds upon audit by the appropriate auditing officer of the County. After the Council has approved the final budget, it is forwarded to Kitsap County for review and inclusion as a distinct agency fund within the Kitsap County Budget. No increase or decrease to Kitsap S.A.I.V.S.'s final budget shall occur without review and approval of the Council. 6. PROPERTY Interlocal Cooperation Agreement for S.A.I.V.S. — Page 3 Page 6 of 78 Back to Agenda Personal and real property contributed by a member agency to be utilized in performing the activities described in this Agreement, if any, shall remain the property of the agency that contributed the property. Property acquired with joint S.A.LV.S. funds shall be held jointly by member agencies in proportion to their financial contributions to S.A.I.V.S., if they have elected to financially contribute. 7. DURATIONIWITHDRAWAL FROM AGREEMENT This agreement shall continue in force until terminated by majority vote of the Council. Any member agency may withdraw from this Interlocal Agreement by giving the Council six (6) months prior written notice. Unless otherwise provided by future agreement, any member agency that withdraws shall remain responsible for its obligations with regard to Council activities until the effective date of withdrawal, and with regard to agreements to which the Council is a party which exist at the time of such notice of withdrawal. A member agency's proportional contribution shall be determined as of the date the Council receives the withdrawing agency's notice of withdrawal. It is within the discretion of the Council to delay payment of a withdrawing agency proportional portion of Kitsap S.A.I.V.S.' assets, as more fully described elsewhere in this agreement, until termination of this agreement and disposal of said assets. 8. DISPOSAL OF ASSETS Upon termination of this agreement any assets acquired for Kitsap S.A.I.V.S., after payment of all liabilities, costs, expenses and charges validly incurred under this agreement, shall be distributed equally to all member agencies in proportion to their contributions to Kitsap S.A.LV.S. determined at time of termination. The debts, liabilities and obligations of the Center shall not constitute a debt, liability or obligation of any member agency. 9. DISPUTES Disputes between member agencies regarding interpretation of this Interlocal Cooperation Agreement or the functioning of Kitsap S.A.I.V.S. shall first be resolved by any mutually selected informal means of resolution, including but not limited to non -binding mediation, provided the parties to the dispute shall share equally in the costs of the mediator. If the dispute is not resolved in mediation, the parties may seek judicial relief from the Superior Court for Kitsap County, Washington. 10. MODIFICATION Amendments to this Agreement shall not be binding unless they are in writing and executed with the same formalities as used for the execution of this document. 11. GOVERNING LAW AND VENUE All member agencies expressly agree to submit to the jurisdiction of the Kitsap County Superior and District Courts. Interlocal Cooperation Agreement for S.A.I.V.S. — Page 4 Page 7 of 78 Back to Agenda 12. SEVERABILITY If any provision of this Interlocal Cooperation Agreement is held invalid, the remainder of the Agreement, and the remaining rights and obligations of the undersigned members, shall be construed and enforced as if the Agreement did not contain the invalid part. 13. INDEMNIFICATION Each member shall defend, indemnify and hold harmless the other members, and all of its officials, employees, principals and agents, from any and all claims, demands, suits, actions, fines, penalties and liability of any kind, including injuries to persons or damages to property, arising out of or relating to any intentional or negligent acts, errors or omissions of the indemnifying member (including its agents, employees, officials, and representatives) in performing its obligations under this Agreement. However, if any such damages and injuries to persons or property are caused by or result from the concurrent negligence of the members or their employees, agents, or representatives, each member's obligation hereunder applies only to the extent of the negligence of such member or its employees, agents, officials, or representatives. 14. INSURANCE Each member shall maintain a policy of liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence, covering all work performed by the member pursuant to this Agreement; provided, that the member may provide evidence of self-insurance or participation in a certified risk pool in fulfillment of insurance requirements. The members obligations under this Section shall survive any termination of this Agreement. 15. EFFECTIVE DATE This joint operating agreement shall take effect on the date executed by two or more member agencies. 16. ENTIRE AGREEMENT This Agreement constitutes the entirety of the agreement between the parties, and supersedes all prior agreements concerning the subject matter of this Agreement. No other agreement, representation, or understanding of any kind or nature, whether oral or written, whether actual or alleged, and whether arising or alleging arising before, during or after execution of this Agreement shall be binding upon any party, unless such is expressly set forth in a written amendment to this Agreement duly executed by the parties. 17. COUNTERPARTS; E-MAIL OR FACSIMILE TRANSMISSION The parties may execute this Agreement in multiple counterparts, each of which shall be deemed an original and all of which together shall constitute only one agreement. Further, delivery of a signed copy of this Agreement via e-mail or facsimile transmission shall be considered delivery of an original. Interlocal Cooperation Agreement for S.A.I.V.S. — Page 5 Page 8 of 78 Back to Agenda Joseph Clark Chief of Police, City of Bainbridge Island Jim Burchett Chief of Police, City of Bremerton Robert Putaansuu Mayor, City of Port Orchard Ron Harding Chief of Police, City of Poulsbo Chad M. Enright Kitsap County Prosecuting Attorney Gary Simpson Kitsap County Sheriff Dated this day of 00XIAI Dated this day of 32021 Dated this _ day of , 2021 Dated this _ day of , 2021 Dated this _ day of , 2021 Dated this day of 92021 Dated this day of 92021 Dated this day of Interlocal Cooperation Agreement for S.A.I.V.S. — Page 6 2021 Page 9 of 78 Back to Agenda City of Port Orchard 216 Prospect Street Port Orchard WA 98366 n oINYI _A�_ (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Subject: Surplus of Proprietary Funds (Water, Sewer and Storm Drainage) Utility Equipment Meeting Date: April 27, 2021 Prepared by: Brandy Rinearson, MMC City Clerk Atty Routing No. Atty Review Date N/A N/A Summary: Pursuant to RCW 35.94.040, whenever the City Council determines that equipment originally acquired for public utility purposes is surplus to the City's needs and is not required for providing continued public utility service, the City Council may, by a resolution and after a public hearing, cause such equipment to be leased, sold, or otherwise conveyed. City staff has determined that the equipment described on the attached Exhibit "B" no longer serves a purpose for the City and is no longer required for providing continued public utility service. Therefore, City staff request that the City Council declare the listed items of utility equipment to be surplus to the needs of the City. A Resolution is under Business Items for action. Recommendation: Open the Public Hearing to take public comment. Relationship to Comprehensive Plan: N/A Fiscal Impact: Any funds from the sale of the equipment will be returned to the appropriate enterprises Water, Sewer, Storm Drainage fund balances. Attachments: Attachment "A" & "B". Page 10 of 78 Back to Agenda Attachment A - Enterprise Year Description Custody Notes original Est. Value value WS4010016 61 Reservoir Sidney 30,700 0 WS4010016 85 Reservoir Sidney 7875 2519.56 0 0 0 Page 11 of 78 Back to Agenda ORCHARD. MEMORANDUM TO: Gretchen Isaksson FROM: Mark Dorsey, P.E. DATE: 1/6/2020 REGARDING: Removal and Auction Bid of South Sidney Reservoir at 2051 Sidney Ave (iooK gallons) This Capital Facility -Water was constructed in 1961 for the city's potable water storage serving the 390 zone. While the South Sidney Reservoir was once a vital part of the hydraulic profile, the addition of the Old Clifton and Sedgwick reservoirs has increased the cities capacity for water storage. The South Sidney Reservoir has not been in service since 2016 and Public Works staff would like to surplus this asset and have an auction bid for its removal and disposal. X N' Mark Dorsey, P.E. 1. PUBLIC WORKS 216 PROSPECT ST PORT ORCHARD, WA 98366 PHONE (360)876.4991 1 FAX (360) 876.4980 Page 12 of 78 EMAIL: PUBLICWORKS@CITYOFPORTORCHARD.US W WW.CITYOFPORTORCHARD. US 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 a Resolution Granting Final Plat Approval for Amherst Final Plat (McCormick Parcel A) Back to Agenda Meeting Date: April 27, 2021 Prepared by: Nick Bond, AICP DCD Director Atty Routing No.: 366922.0011— DCD Atty Review Date: April 22, 2021 Summary: Amherst Holdings and property owner McCormick Development Corp, both represented by Greg Krabbe, have submitted an application for final plat approval for the Amherst Final Plat, formerly referred to under preliminary plat as McCormick Parcel A. A SEPA Mitigated Determination of Non -Significance for the subdivision was issued on June 19, 2020 and on July 6, 2020 a revision was issued to the MDNS to clarify the appeal procedures under SEPA. The final plat for the Amherst Plat subdivision creates 53 single-family residential lots and seven tracts, consisting of future development areas, common open space, recreational space and stormwater facilities which are consistent with the conditions established by the August 14, 2020 Preliminary Plat Decision and June 19, 2020 Mitigated Determination of Nonsignificance, as amended on July 6, 2020. The applicant has installed or bonded for roadway illumination, roads, sidewalks, landscaping, water and sewer, and storm drainage improvements, and the City has received acceptable bonds guaranteeing completion of any improvements not yet completed. Streets within this final plat are for public use and will be accepted into the City's road system. Recommendation: Adoption of a resolution, granting approval of the final plat of Plat of Amherst. Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for Plat of Amherst. Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure. Alternatives: Approval with added conditions. Attachments: Resolution, Plat map, Public Works Approval Letter, Department of Community Development Approval Letter, South Kitsap Fire and Rescue Approval Letter, Performance Bonds. Page 13 of 78 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 53-LOT AND SEVEN -TRACT PLAT KNOWN AS AMHERST PLAT (MCCORMICK PARCEL A) WHEREAS, property owner Greg Krabbe, on behalf of McCormick Development Corp, (hereinafter "Applicant"), has submitted an application for final plat approval of the McCormick Woods Parcel A project known as the Amherst Plat on undeveloped property located in the City of Port Orchard (hereinafter "the Property"); and WHEREAS, on August 14, 2020, after a duly -noticed public hearing to review the proposed development, the City of Port Orchard Hearing Examiner approved the Preliminary Plat for the Amherst Plat (McCormick Parcel A); and WHEREAS, the Property is subject to a Development Agreement for traffic, recorded on October 21, 2005 as modified and recorded on February 19, 2021; and WHEREAS, on February 17, 2021 the Applicant submitted an application seeking final plat approval for the McCormick Parcel A preliminary plat known as Amherst Plat, for the subdivision of 53 single-family residential lots, seven tracts, and public right-of-way; and WHEREAS, City staff has reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in place to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded, and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the South Kitsap Fire and Rescue District recommends approval of the 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 Amherst Plat conforms to all terms and conditions of the preliminary plat approval, as approved by the Hearing Examiner, and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and Page 14 of 78 Back to Agenda Resolution No. Page 2 of 2 WHEREAS, the City Council finds that the Amherst Plat conforms to the applicable zoning requirements and Port Orchard's Comprehensive Plan; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council approves the final plat for the Amherst Plat, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The Amherst Plat subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27t" day of April 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 15 of 78 Back to Agenda Prim OF AMHEROT A PORmION OF THE $ 1/2 OF THE SW 1/4 OF SAC. 04 AND A PORmION OF THE N 1/2 OF THE NW 1/4 OF SAC. 09, mWP. 23N.> RNG. 1D. W.M. CImY OF PORT ORCHARD, KImSAP COUNTY, WASHINGmON DEDICATION: KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN THE FEE SIMPLE OR CONTRACT PURCHASER AND MORTGAGE HOLDER OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES SHOWN THEREON AND USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON. THE UNDERSIGNED OWNERS HEREBY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID ROAD. THIS SUBDIVISION HAS BEEN MADE WITH OUR FREE CONSENT AND IN ACCORDANCE WITH OUR DESIRES. THE WATER AND SEWER UTILITIES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY OR PUBLIC EASEMENTS, SHOWN HEREON, ARE TO BE DEDICATED TO THE CITY OF PORT ORCHARD. THE STORM CONVEYANCE SYSTEM LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY OR PUBLIC EASEMENTS, SHOWN HEREON, ARE TO BE DEDICATED TO THE CITY OF PORT ORCHARD. AN EASEMENT FOR PRIVATE STORM UTILITIES AND ACCESS ACROSS LOTS 45, 46. 48, 49, 50 51 AND 53, IS HERBY GRANTED TO THE HOME OWNERS ASSOCIATION(HOA)MENTIONED BELOW. THE HOA WILL HAVE RIGHT AND RESPONSIBILTY FOR MAINTENANCE OF THE SHARED PORTION OF THE DRIVEWAY ONLY. ACCESS OUTSIDE OF LOTS 48 AND 49 IS LIMITED TO UTILITY MAINTENANCE ONLY. THE LANDSCAPING EASEMENTS DETAILED ON SHEET 6 OF 6 AS DETAIL "G" IS FOR THE BENEFIT OF AJOINING LOTS 46 AND 51 RESPECTIVELY. SAID LOTS WILL HAVE THE RIGHT AND RESPONSIBILITY FOR MAINTENANCE FOR LANDSCAPING THESE AREAS. THE UNDERSIGNED OWNERS OF THE INTEREST IN THE REAL ESTATE DESCRIBED HEREIN HEREBY DECLARE THIS MAP AND DEDICATE THE SAME FOR A COMMON INTEREST COMMUNITY NAMED MCCORMICK WOODS HOMEOWNER'S ASSOCIATION, A PLAT COMMUNITY, AS THAT TERM IS 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 THE DECLARATION FOR MCCORMICK WOODS HOMEOWNER'S ASSOCIATION, RECORDED UNDER KITSAP COUNTY RECORDING NO. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS AND SEALS THIS DAY OF 2021. MCCORMICK DEVELOPMENT CORP., A WASHINGTON CORPORATION BY: IT'S: ACKNOWLEDGEMENT$: STATE OF WASHINGTON ) SS COUNTY OF ) ON THIS DAY OF 20 . BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED TO ME PERSONALLY KNOWN (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE OF MCCORMICK DEVELOPMENT CORP., A WASHINGTON CORPORATION THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY, IS THE CORPORATE SEAL OF SAID CORPORATION. WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE ABOVE WRITTEN. N N w tsW E E N NW 9 o E s w E SECTION INDEX NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, RESIDING IN MY COMMISSION EXPIRES: PRINT NOTARY NAME VICINITY MAP 0 c��F�ON PO o � S OA SW �, pNpAEW o s� Q 0 U g ggyqqco9 Q v C* Jkrco 1$$ =1000$ CITY ENGINEER'S APPROVAL: SHEET 1 OF 6 I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY/SHORT PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF STREETS, ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED BY ME THIS DAY OF CITY ENGINEER. , 2021. CITY COUNCIL APPROVAL: APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD THIS DAY OF 2021. ATTEST: CITY CLERK MAYOR CITY FINANCE DIRECTOR APPROVAL: I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THE PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED. EXECUTED THIS DAY OF FINANCE DIRECTOR 2021. AUDITOR'$ CERTIFICATE: FILED AT THE REQUEST OF STEPHEN H WOODS, PLS, THIS DAY OF 2021, AND RECORDED IN VOLUME OF PLATS, PAGE (S) RECORDS OF KITSAP COUNTY, WASHINGTON. KITSAP COUNTY AUDITOR FEE: COUNTY TREASURER APPROVAL: THIS IS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAS BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR EXECUTED THIS DAY OF , 2021. COUNTY TREASURER COMMUNI'PY DEVELOPMENT DIRDC'POR'S APPROVAL: I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF STREETS, ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED THIS DAY OF , 2021. COMMUNITY DEVELOPMENT DIRECTOR DATE LAND SURVEYOR'S CERTIFICATE: THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF MCCORMICK DEVELOPMENT CORP, A WASHINGTON CORPORATION, IN APRIL, 2021. I HEREBY CERTIFY THAT THIS MAP FOR THE PLAT OF AMHERST, IS BASED UPON AN ACTUAL SURVEY OF THE PROPERTY HEREIN DESCRIBED; THAT THE BEARINGS AND DISTANCES ARE CORRECTLY SHOWN; THAT ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; ALL MONUMENTS AND LOT CORNERS ARE SET OR BONDED WITH THE CITY AND WILL BE SET PRIOR TO RELEASE OF THE BOND. THAT THIS PLAT CONFORMS TO THE APPROVED PRELIMINARY PLAT AND THE CONDITIONS OF APPROVAL THEREOF. 40q__.sjFW%0Wp 4/5/21 STEPHEN H. WOODS, P.L.S. 38965 DATE Job No. 17— 202 E N G I N E E R I N G- L L C dIVIL DNOINDDRONOURVDYORO LAND PLANNDR� 4706 97th Street NW, Suite #100, Gig Harbor, WA 9833 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com SHEET 1 of 6 LU20-Plat Final-03 Back to Agenda Prim OF AMHEROT A PORmION OF THE $ 1/2 OF THE SW 1/4 OF SAC. 04 AND A PORmION OF THE N 1/2 OF THE NW 1/4 OF SAC. 09, mWP. 23N.> RNG. 1D. W.M. CImY OF PORT ORCHARD, KImSAP COUNTY, WASHINGmON LEGAL DESCRIPTION: RESULTANT PARCEL A OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 201512020024, BEING A PORTION OF THE SOUTH HALF OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4 AND THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON: AND OF TRACT "D" SECOND AMENDED PLAT OF MCCORMICK WOODS RECORDED IN VOLUME 26 OF PLATS, PAGE (S) 189 THROUGH 196, INCLUSIVE, IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION CONVEYED TO KITSAP COUNTY FOR ST. ANDREW'S DRIVE SW UNDER AUDITOR'S FILE NO. 200608070089. BA$IS OF BEARING: GRID NORTH. BASED UPON GLOBAL POSITIONING SYSTEM (GPS) LAMBERT GRID WASHINGTON STATE NORTH ZONE COORDINATES. THE NORTH AMERICAN DATUM OF 1983/2011 (NAD 83/2011 EPOCH 2O10.00) GRID COORDINATES WERE FOUND TO BE 192331.85 / 1185648.48 AT A PUNCH IN 3" BRASS DISK AT THE EAST QUARTER CORNER OF SECTION 4, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.. THE INVERSE OF BOTH THE SEA LEVEL CORRECTION FACTOR OF 0.9999871363 AND THE GRID SCALE FACTOR OF 0.9999977172 WAS APPLIED TO THE GRID COORDINATES FOR SHOWN GROUND DISTANCES. FIRE PREVENTION NOTE: LOTS 47, 48, 49, 50, AND 52 SHALL BE EQUIPPED WITH AN APPROVED FIRE SPRINKLER SYSTEM DESIGNED IN ACCORDANCE WITH THE VERSION OF THE BUILDING AND FIRE CODES IN PLACE AT THE TIME OF COMPLETE BUILDING PERMIT APPLICATION. UTILITY EMEMENT: AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO CASCADE NATURAL GAS, ANY WATER COMPANY, US POSTAL SERVICE, QWEST COMMUNICATIONS COMPANY, PUGET SOUND ENERGY, INC., ANY CABLE TELEPHONE COMPANY, ANY CITY, KITSAP COUNTY, ANY OTHER PUBLIC OR PRIVATE UNDERGROUND UTILITY SERVICE (INCLUDING, BUT NOT LIMITED TO, PRIVATE ROOF DRAINS) AND OTHER UTILITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR TEN (10) FEET OF FRONT BOUNDARY LINES OF ALL LOTS AND TRACTS, IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE, MAINTAIN AND REMOVE UTILITY SYSTEMS, LINES, FIXTURES AND APPURTENANCES ATTACHED THERETO, FOR THE PURPOSE OF PROVIDING UTILITY SERVICES TO THE SUBDIVISION AND OTHER PROPERTY, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSES STATED, WITH THE UNDERSTANDING THAT ANY GRANTEE SHALL BE RESPONSIBLE FOR ALL UNNECESSARY DAMAGE IT CAUSES TO ANY REAL PROPERTY OWNER IN THE SUBDIVISION BY EXERCISE OF RIGHTS AND PRIVILEGES HEREIN GRANTED. 5 4 --- r--- 2638.88' WEST QUARTER CORNER OF SECTION 4, TOWNSHIP 23 N, RANGE 1 E, W.M.. FOUND 3/4" IRON PIPE WITH PLUG AND TACK PER BLA NO. L-1078 N LO NORTH QUARTER CORNER OF SECTION 9/ Cu SOUTH QUARTER CORNER OF SECTION 4, !u TOWNSHIP 23 N, RANGE 1 E, W.M.. N CALCULATED FOUND 1 1/2" IRON PIPE N PER BLA N0. L-1078 g Cu0� .z O' p 5 4—_ 5.96'-" 8 9 a� a� l� CD � � L LO w m v 0 z N88°50'31"W 5259.12' TRACT NOTES: SHEET 2 OF 6 TRACT A: OPEN SPACE, ACCESS, AND UTILITIES (PRIVATE) TRACT B: OPEN SPACE, RECREATION, AND UTILITIES (PRIVATE) TRACT C: OPEN SPACE (PRIVATE) TRACT D: FUTURE DEVELOPMENT (PRIVATE) TRACT E: RETAINED BY OWNER FOR FUTURE DEVELOPMENT OR OPEN SPACE (PRIVATE), OR TO TRANSFER TO ADJOINING OWNER. TRACT F: OPEN SPACE, ACCESS, AND UTILITIES (PRIVATE) TRACT G: STORM POND (PRIVATE) TRACTS A, B, C, F AND G ARE TO BE OWNED AND MAINTAINED BY THE HOME OWNERS ASSOCIATION FOR THIS PLAT. TRACTS D AND E WILL BE OWNED AND MAINTAINED BY THE PROPERTY OWNER. NOTE$: 1) THE MONUMENT CONTROL SHOWN FOR THIS SITE WAS ACCOMPLISHED BY FIELD TRAVERSE UTILIZING A ONE (1) SECOND THEODOLITE WITH INTEGRAL ELECTRONIC DISTANCE MEASURING METER (GEOOIMETER 600) AND REAL TIME KINEMATIC (RTK) / STATIC GLOBAL POSITIONING SYSTEM (GPS TRIMBLE R8). LINEAR AND ANGULAR CLOSURE OF THE TRAVERSES MEET THE STANDARDS OF WAC 332-130-090. 2) UTILITIES OTHER THAN THOSE SHOWN MAY EXIST ON THIS SITE. ONLY THOSE WHICH ARE VISIBLE OR HAVING VISIBLE EVIDENCE OF THEIR INSTALLATION ARE SHOWN HEREON. 3) THIS SURVEY REPRESENTS PHYSICAL IMPROVEMENT CONDITIONS AS THEY EXISTED SEPTEMBER 9, 2017, THE DATE OF THIS FIELD SURVEY. 4) LEGAL DESCRIPTION AND EASEMENT SHOWN HEREON ARE PER 2NO AMENDED SUBDIVISION GUARANTEE NUMBER 03K-12421, DATED OCTOBER 23, 2020. NO ADDITIONAL RESEARCH HAS BEEN ATTEMPTED. 5) OFFSET DIMENSIONS SHOWN HEREON ARE MEASURED PERPENDICULAR TO PROPERTY LINES. 6) THE TEMPORARY CONSTRUCTION EASEMENT SHOWwN AT THE SOUTHEAST CORNER OF MCCORMICK WOODS DRIVE SW AND OLD CLIFTON ROAD IS FOR CONSTRUCTION OF THE FUTURE INTERSECTION IMPROVEMENTS AND WILL AUTOMATICALLY EXTINGUISH 90 DAYS AFTER COMPLETION OF ALL CONSTRUCTION WORK ON THE NEW INTERSECTION OR AFTER NOTICE FROM THE CITY TO THE HOA, WHICHEVER COMES FIRST. --— — — — — — — — — — — — — 2620.24' —4 3 IEAST QUARTER CORNER OF SECTION 4,— TOWNSHIP 23 N, RANGE 1 E, W.M.. PER BLA NO. L-1078 C9 LO �� . I0 LO co F\l / CU ti OO w N 0 wo 0� /OD Z C) Cl O m a) 0 z O Cu ¢ NORTHEAST CORNER OF SECTION 9/ L SOUTHEAST CORNER OF SECTION 4, ma TOWNSHIP 23 N, RANGE 1 E. W.M., FOUND BRASS DISK IN CONCRETE. 4- S89.07'07"E 2610.08' 4 3 9 9 10 YY I /� 122 080 , 30"W ---,/ - �� Cu o � N sm• 1 i I�00 CNI / o°� LO NORTHWEST CORNER OF SECTION 9/ I`u / w SOUTHWEST CORNER OF SECTION 4, I z / O in TOWNSHIP 23 N, RANGE 1 E, W.M.. I "' CALCULATED, FOUND BRASS PLUG �QO IN CONCRETE PER BLA NO. L-1078 z WEST QUARTER CORNER OF SECTION 9, I \ TOWNSHIP 23 N, RANGE 1 E, W.M.. CALCULATED, FOUND 3/4" IRON PIPE — PER BLA NO. L-1078 I EAST QUARTER CORNER OF SECTION 9, TOWNSHIP 23 N, RANGE 1 E, W.M.. °? FOUND 1" IRON PIPE PER BLA NO. L-1078 0 � o 2633.16' 8 9 f---------------- 0 2611.54' \i N88°41'23"W 5244.69' LEGEND: S89°09'30"E 2658.59' 992.94 399.70' $URVEY CONTROL Q� = FOUND MONUMENT AS NOTED. H. OF 38965 � L ANC 4/5/21 scale: 1" = 500' Job No. 17— 202 E N G IN E E R I N G- L LC dIVIL DNOINDDRO-OURVDYOR0 LAND PLANNDR� 4706 97th Street NW, Suite #100, Gig Harbor, WA 9833 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com [ SHEET 2 of 6 � LU20-Plat Final-03 Back to Agenda �v 000� lbb PLAT OF AMHEROT I HItOB I I SHEEP 3 OF 6 0 100 200 cale* 1 100, — mccop'MICK YYUULP L.. Cu 30' 30' Lp L; ISEE SHEET 4 OF 6 FOR LINE AND CURE TABLE z �v O� I N00 °0326"W (RADIAL) N LO pi LO 100 00 ,.I j �? I 00.5 .I m �m N iA 10 B A 1 ----- �LO --w +'�'►1N'H ---------------- W------- -- --�— >--- L)N m I �N yr 55.26' 1-0 66 l Ei I N I m u m CC) rn; OEE OHEETO 4 AND 5 LEGEND: Q� = MONUMENT FOUND. = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 38965". X = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. UE = UTILITY EASEMENT SF = SQUARE FEET 0 60 120 cale* 1 = 60 Job No. 17— 202 LENGINEERING-LLC dIVIL DNOINDDRO-OURVDYORO LAND PLANNDR�5) 4706 97th Street NW, Suite #100, Gig Harbor, wA 9833 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com SHEET 3 OF 6 0 d d LU20-Plat Final-03 Back to Agenda CURVE TABLE CURVE ARC DELTA RADIUS Cl 87.34' 6°23'22" 783.23' C2 6.00' 0°26'21" 783.23' C3 33.33' 95°29'00" 20.00' C41 11.74' 3°47'27" 177.50' C5 43.72' 14°06'49" 177.50' C6 11.71' 2°25'06" 277.50' C7 28.19' 5°49'17" 277.50' C8 44.05' 11°20'35" 222.50' C9 50.11' 12°54'10" 222.50' C10 50.11' 12°54'10" 222.50' C11 10.59' 2°43'40" 222.50' C12 38.22' 15°22'07" 142.50' C13 50.26' 20°12'30" 142.50' C14 50.26' 20°12'30" 142.50' C15 15.01' 6°02'02" 142.50' C16 5.09' 2°02'45" 142.50' C17 50.51' 20°18'34" 142.50' C18 50.21' 20*11'12" 142.50' C19 26.23' 10°32'52" 142.50' C201 16.44' 2°55'14" 322.50' C21 57.09' 10°08'32" 322.50' C22 55.29' 9°49'21" 322.50' C23 52.70' 9°21'45" 322.50' C24 40.09' 7°07'19" 322.50' C25 8.38' 4*41'10" 102.50' C261 31.26' 89°33'39" 20.00' C27 21.06' 1*21'20" 890.00' C28 31.57' 90°26'21" 20.00' C29 39.27' 90°00'00" 25.00' C30 31.73' 90°54'21" 20.00' C31 21.91' 4°31'26" 277.50' C321 22.05' 4°33'08" 277.50' C33 56.42' 18°12'40" 177.50' C34 33.69' 10°52'26" 177.50' C35 14.05' 4°32'07" 177.50' C36 37.42' 12°04'46" 177.50' C37 29.63' 7°37'53" 222.50' C38 15.00' 3°51'48" 222.50' C39 15.03' 3°52'14" 222.50' C40 25.97' 6°41'11" 222.50' C41 15.14' 3°53'52" 222.50' C42 54.66' 14°04'29" 222.50' C431 22.90' 5°53'52" 222.50' C44 13.59' 7°47'09" 100.00' C45 13.48' 2°23'43" 322.50' C46 52.17' 9°16'07" 322.50' C47 52.17' 9°16'07" 322.50' C48 11.25' 1°59'58" 322.50' C491 90.10' 29°05'06" 177.50' LINE 'FABLE LINE BEARING DISTANCE L1 N37°57'05"E 6.05' L2 N01°55'30"w 11.97' L3 N05°39'37"w 7.48' L4 N47°53'56"w 26.83' L5 N86°36'05"w 25.13' L6 S31°54'35"w 35.34' L7 S14°34'29"w 56.16' L8 S18°24'45"E 24.77' L9 S14°34'29"w 53.33' L10 S10°08'54"w 22.04' L11 S63°09'58"w 20.00' L12 S05°17'18"E 10.03' L13 S19°18'21"E 12.82' L14 S86°42'37"w 25.25' L15 N86°42'37"E 74.93' L16l N86°42'37"E 24.60' L17 S79°05'03"E 13.79' L18 N63°09'58"E 13.23' L19 S01°55'30"E 2.25' L20 S13°12'14"w 29.86' L21 N37°38'10"E 15.00' L22 N52°02'55"w 7.53' L23 S37°57'05"w 41.56' L24 S31°54'28"E 5.09, L251 S30°54'09"E 15.02' L26 S84°54'02"E 5.12' L27 N36°38'22"w 12.30' L28 S43°55'41"w 33.94' L29 N27°33'37"E 53.67' L30 N38°40'07"E 71.82' scale: 1" = 60' PLAT OF AMHEROT N06°45'43"W 392.66' LEGEND: 2 00 W Npp,pO � 02 50 ya, w,ro 3°092� y� 2 cS�v>� 6v0 Q. TO Op9 9,�9°TS -0 �'o o • E, v, <, �'�� o, �-000 y E N05°39'371 187.66' S SS4 00 cep 53 �f' d6 SHEET 4 OF 6 OBB OHBBT 60 N1'919 cog F SO 109 w 9,>, 3 IkA H I B I I 0 I �I N23 4j,39•F LO E A Fil m bl' 61,E 6jqg\�` L=54.8 _S05°17'18"E - ? h \� C 90c'o7 '�9'<<6`6 = 11 °19 49" C31-161.59' Og lc'c'\ 0 00f, y „ It ��° 6f =D i \ C 7 , 09 ZZ° 6E =D 161.59' Q� �j yo�o`roG �� po C\2v °' 02 \��\ 66E'b „dL,Z S05°17'18"E in ti° \ \22 �° 6C =p S05 ° 17 ' 18"E 9 h w oyG>Acs�O tiS o^ En C23 _ _C24 51. 56' 90y :o`> C\2 Q L12 fi C25CD LID <wN LO En ti O CD I U- N U cS� on�t� O 9 .•i owz� co w co � �. o 00 ^ !n o c. w I v rn Lo Nam, y� 9 = ¢o� r, C\2 Q °' v Ln I "' 00 j a ^y� :n LID N \ Q a< -'-A r-mn rSF �- LO s or l'! Er � z d m S'0q ° \ 1 zo m F >> NO3 °43' 45"W \ 1 \ w w r- 0 67• CNO3°43'45"W 62.19' \�6 \ \ owcwnoo 59.23' Cu zacoo �'i' °' (D E' I 157.15 ' \ OHO \off Fj \\O, \ \ c~n�zo -1 65.52' - 91.63' �O9 wcwnQQ -14.--- - �oy°28' 50" I °' 199.27' X 196 �\0. y 96F 06' 800 ' 509 DR OW d� �� 91' McdORMWK WOOD$ A, qB' L-231 g836„ o R=850' � rn � / cn / I LO 00 I = MONUMENT FOUND. = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 38965". X = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. UE = UTILITY EASEMENT SF = SQUARE FEET Job No. 17- 202 E N G I N E E R I N G- L L C dIVIL DNOINDDRO-OURVDYORO LAND PLANNDR� 4706 97th Street NW, Suite #100, Gig Harbor, WA 9833 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com SHEET 4 OF 6 LU20-Plat Final-03 Back to Agenda I \ BWA PLAMP OF A HDR �Pcn-- "' i9 E �--- — -- En w '�H -------------- --- Q— — N M l ��PHBBT 3 mclu N m u E� m M 011 0 �9� • I Q� door \od, o p, Oq o� o S 1 q o 9\ \ 41 93, °, 1�f, I F 156.51 • T9 moo 5p q.� .�co 5 j , q 4� �<� v LC) 61 I cn 2h• Js✓. 2 rn LL- Fl � LO 8 3j 35 06�p �e do 1 °02 LL 19, F ?sue,• �1 6q1919, 00 h° c�B o 9S r-� P N En �� 1> N1g 39,39E 66 ° N10.56. AB1 8 qg 6860 'y �. 2 v CD P� 90• 4q 06' NO2 58' 12"w 118.74' 6. SSA• '� Ste° \ .o m 0 2j' 40.37' N15 20 5�, a']�5)O 60\ 411 P ^ 21.E 40.26' 28.41' 1,36' 8.70 68 39 E 0 � 5• '00 O 9' 6' \ 5�Y 05FF15 EEn co 6 9B00, 159961• rn m EL J^ Q Ego Ss i5'F�l \ \00 61 6 \ a cCD D LO m 3 n N 9• 'SSy�� Fy �y LEGEND: SHEET 5 OF 6 e = MONUMENT FOUND. = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 38965". X = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. UE = UTILITY EASEMENT SF = SQUARE FEET 0 60 120 CD co cn p0 15 �c J 2 ;n rn rn io EL v m ✓' m c a 1 e• corn cv O v o`�' 4. 556 14 416' = v ;n v rn Ci2 Ln rn mo 02 l \5 55 566 '9 �'111 48 ' 30 lqt 0> O1 5 C 1�'9 i �0 . Q 16• I Q Xj NO3 °03' 01 "E 50.51' EL to Lp �1q m co CV CV m 11Q E cP`n 50.0p , S15 °01 1p iY 154. q6, L=54.88, _ SOb-I/ 1� = — 4= 11.19--1 C31—161.59' D \ 161,59' \`9 S05'17' 18"E 00c'o� 0v. �6 S05 ° 17 ' 18 �_— . An .\00 E.0 1 ((D 11 157.15 ' -1 65.52' 91.63' S03°43'45"E 269.43' L=114.8T . in �= 7•28'50 1 En 199.27' — R=880.00 1 LO N S03°43'45"E 269.43' — 1 w In-D -,;�W xkr,oORMICK WOODP o m ET7 En LO Go I 41'36"W 72.11' NO8° 38.55' 27.58' // Npq ° • / \�q6,F G" o �,�o �4 QQ� /tea QQ� ti \ /h S2q 30, {y 5 \ \ CEO ? oo> j n� i DETAIL "H" Q'IT clu m N rn J� co � w � � yam., �\ • 60 30 v \ \ N yr 0 9 W Sj,_f -n \ u? n N c,, v o u \v v� lL 00 0 J ti 0 1 1�•g2 I I I- I C,^o CNo m� u ^ Cr I 30 • I W I0= 14 °38'42" S'10 °54 R=850.00' — 56,22 m o 0 52 1A•g5 50 13 •g2 ass � � N11 ° q6 11 • �'' � �. \ \ tiq 6 F 0 . \ F A9 6 \ 3� F P / ti� \ 00 SEE SHEET 4 OF 6 FOR LINE AND CURVE TABLE CO vcb� /o \ QOQQ /o Job No. 17-202 s\ 0� 6 \ / N `` �N H .2 !y / Q�` F As O 5�00 \\ E N G I V E E R I N G- L L C d c a 1 e . �s qF 38965 �0 �� dIVIL DNOINDDRO-OURVDYOR LAND PLANNDR� ii sf��gGl STEM ��Q Phone: 97th Street 253-857-5454 Fax:uite #100, 253-509 00 4�9 info@contotirpllc.com c.com TRACT B� L ago p 1 30' 4,L2,21 sHEET 5 of 6 LU20-Plat Final-03 Back to Agenda CQ CQ DETAIL "A" D\ Q� fie\ �1 ,02W � 26�0 0ti DETAIL "F" �g oNp w 21. � \ o W N�// ice/ 5.50, 13 53„ � PR SN �p EMEND G G PLAT OF AMHEROT EASEMENTS DETAIL DETAIL "B" SHEET 6 OF 6 DETAIL "D" w� 00 O I J Nt co o co Nt !7T WA � p= 45Y�WEnR=222.50' 0,, i L=178.33' O D o DETAIL "E" J J J TD-oo�rn oo s o, TRACT A case: ' = 40' R S16 101,10. 60 00 Nit °00'61- Nt S66 °20' 06"N 3.46' - DETAIL A0HDROm WAY N1l°,3 /w eA 66 CURVE ARC DELTA RADIUS CM 15.16' 86°51'14" 10.00' C52 17.26' 98°53'58" 10.00' C53 14.13' 3°38'18" 222.50' C54 29.03' 7°28'29" 222.50' C551 4.53' 4°38'16" 56.00' C561 3.56' 4°3B'16" 44.00' LINE BEARING DISTANCE L31 N84°54'02"w 96.90' L32 S12°00'51"w 20.62' L33 S11°28'24"E 20.93' L34 N81°40'22"E 67.30' L351 N86°18'39"E 12.48' L36 S86°18'39"w 23.74' L37 S81°40'22"w 56.23' L38 S17°13'36"E 18.05' L39 N73°24'01"E 91.68' \ \\ LO V Q LO \ \ Cu co cli 0 11 aCu \1p 1 s� \ o LO � \ •iOo z� \ U) z «) � ►L.)LU � (nn \ a Cr 0 CuLU U7 DETAIL AMHDROm WAY OW C54 C53 n rn E� rn �w LO L m r J n w E N G I N E E R I N G- L L C MVIL DNOINDDRONOURVDYORO LAND PLANNDR� 4706 97th Street NW, Suite #100, Gig Harbor, wA 9833 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com l SHEET 6 of 6 1 LU20-Plat Final-03 Back to Agenda CITY OF PORT ORCHARD Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 • Fax: (36o) 876-498o mdorsev a dtyofportorchard.us www.013Lorportorchard.us April 22, 2021 Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for McCormick Parcel A (Amherst) Dear 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 and Mitigation Measures within the City of Port Orchard Hearing Examiner's Findings, Conclusions and Decision dated August 14, 2020. The subdivision as presented 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 it has sufficient sewage disposal, pursuant to the recent completion of the improvements to the McCormick Sewerage Lift Stations No. 1 and No. 2 and with regards to water supply capacity, the development is located within the City of Port Orchard's retail Water Service Area and sufficient water supply is available. Finally, the final plat documents have been reviewed, and I have confirmed that all working drawings and specifications for the improvements have been prepared in conformance with City standards and that all required improvements are either complete and accepted, or that a Performance Bond has been established for all unfinished 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, Mat sey, P.E. Public Works Director/City Engineer --- MRD;mrd Cc: Charlotte Archer — City Attorney Nick Bond — Development Director File U:\ENGINEERING\Non-City PROJECTS\SITE DEVELOPMENT - RESIDENTIAL\McCormick Parcel A (Amherst) F-Plat\City Engineer F-Plat Approval -McCormick Parcel A_Amherst.docx Page 22 of 78 CITY OF PORT ORCHARD Development Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o planning @ cityofportorchard.us www.cityofportorchard.us April 21, 2021 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Back to Agenda Re: Recommendation of Approval of Final Plat for the Amherst Plat (McCormick Parcel A) LU20-PLAT FINAL-03 Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the City of Port Orchard Hearing Examiner Decision dated August 14, 2020 and the conditions of the Mitigated Determination of Non -Significance dated June 19, 2020 and as amended on July 6, 2020. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I therefore recommend approval of the final plat. Sincerely, Nicholas Bond, AICP City Development Director Page 23 of 78 Back to Agenda South Kitsap Commissioners: Miche Eslava • Dave Gelsleichter • Paul Golnik • Gerald Preuss • Dusty Wiley FIM Fire Chief Steven T. Wright City Council April 22,2021 City of Port Orchard 216 Prospect Street Port Orchard WA 98366 RE: Recommendation of Approval of Final Plat for McCormick Parcel A (Amherst) Dear 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 City of Port Orchard 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, Brad Wiggins Deputy Fire Marshal South Kitsap Fire and Rescue 1974 Fircrest Drive SE Port Orchard, WA 98366 360-871-2411 Office www.skfr.org or like us on Facebook Page 24 of 78 360-871-2426 Fax Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # PW20-034 & PW20-035 CONTRACT # SURETY BOND #: 0797393 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: McCormick Woods Owner/Developer/Contractor: McCormick Development Corp Project Location: 042301-3-0110-2006 Parcel KNOW ALL PERSONS BY THESE PRESENTS: That we, McCormick Development Corp (hereinafter called the "Principal"), and Harco National Insurance Company a corporation organized under the laws of the State of Illinois , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Five hundred fifty five thousand four hundred fifty three and 75/100 ($555 453.75 ), 150% of the total construction amount for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has entered into a certain agreement with the City, to perform the following project within the City: McCormick Woods Parcel A and WHEREAS, the agreement with the City requires that certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the agreement with the City requires that the improvements are to be made or constructed within a certain period of time, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: A. Conditions. 1. The improvements to be constructed by the Principal include: (Insert complete description here or add summary here and refer to a separate detailed description attached as Exhibit A.) Site Concrete Asphalt Paving Striping & Signage, Franchise Utilities & Misc Items Page 25 of 78 Page 1 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Back to Agenda 2. The Principal must construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above - referenced project. In addition, the Principal must 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 Principal must have completed all improvements required by the above -referenced conditions, plans and City file by unless an extension is granted by the City. 4. The Principal 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 Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. Therefore, a Performance Bond in the amount of 150% of the anticipated construction costs to guarantee the Work to be completed shall be provided prior to the commencement of Work and will be released upon completion and acceptance of all Work and upon receipt of the 2-year Maintenance/Warranty Bond. All bonds must be in a form approved by the City. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by the contract between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a two (2) year Maintenance Bond, not to exceed the sum of Seventy four thousand sixty and 50/100 dollars ($ 74,060.50 ), 20% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. Page 26 of 78 Page 2 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Back to Agenda C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. 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 on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this 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. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 27 of 78 Page 3 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Back to Agenda DATED this 8th day of SURETY COMPANY (Signature must be notarized) By: Its Print Name: April Business Name: McCormick Development Corp Business Address: 805 Kirkland, WA 98033 City/State/Zip Code: Kirkland, WA 98033 Telephone Number: 425-894-6382 2020 PRINCIPAL (Signature must be notarized By: G� Its Attorney -in -Fact Print Name: Patti White Business Name: Harco National Insurance Company Business Address: PO Box 3018 City/State/Zip Code: Bothell, WA 98041-3018 Telephone Number: 425-489-4500 CITY OF PORT ORCHARD ACCEPTED DATE: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 28 of 78 Page 4 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Back to Agenda 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 or Corporation 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 as the of McCormick Development Corp that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Pa a 29 of 78 Page 5 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05�1-20 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF Snohomish ) I certify that I know or have satisfactory evidence that Patti White is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact of Harco National Insurance Company 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. CA RRp Dated: 4/8/2021 :,g%oN E, IN signature Q' = T A A/ c �o R} �� .� Robin Carroll '; 146278 rn s print name G i Z AUe�� = O 29.3,-= �Fp.j\�� NOTARY PUBLIC in and for the _� It�III1 State of Washington, residing `twAs ``�� at: Edmonds, WA My Commission expires: 8/29/2023 p?ap nof78 Page6of6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\ 2Q POWER OF ATTORNEY Bond 4 Back to Agenda STATE OF NEW JERSEY STATE OF ILLINOIS County of Essex County of Cook Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JIM S. KUICH, PATTI WHITE, SARAH H. BEHRENS, DANIELLE ENRIQUEZ, ANDY PRILL, THERESA A. LAMB, STEVE WAGNER, MICHAEL A. MURPHY, JIM W. DOYLE,JULIE M. GLOVER, CHAD M. EPPLE Bothell, WA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2020 ;,�Py,,;1NSU �•, q . s• �EAl. •, o =0 ,$so On this 31 st day of December, 2020 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. �`A IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, ��.�` ,� �.`% tiv� .•••••: �G '•, Ew. A< New Jersey the day and year first above written. Oo,••• • • �• S00790•; � g<�.`� Shirelle A.Outley a Notary Public of New Jersey ��,�i�``� My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARP-6 NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy 6f LWf -Rawer of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, wAh the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and_th4 the said PbWer of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have •hpreunte-.&er my hand on this day A01083 April 08, 2021 Page 31 of 78 Irene Martins, Assistant Secretary Back to Agenda CITY OF PORT ORCHARD LANDSCAPE PERFORMANCE BOND Name of Project McCormick Woods Parcel A Project Location 042301-3-010-2006 Parcel Project/Application # PW20-034 & PW20-035 Performance Bond Amount $ 250,204.40 Bond # 0797394 Know all men by these presents: That whereas the City of Port Orchard, State of Washington has issued a permit to McCormick Development Corp (Contractor) hereinafter designated as the "Principal" a permit for the construction of the project designated McCormick Woods Parcel A , 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 Harco National Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Illinois , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of: Three hundred seventy five thousand three hundred six and 60/100 Dollars ($375,306.60 ) 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 sum of: Three hundred twelve thousand seven hundred fifty five and 501100 Dollars ($312,755.50 ) 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 32 of 78 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 14th day of April , 2020 Principal Surety By By Signature Signature Print Name Title Patti White Print Name Attorney -in -Fact Title - - 805 Kirkland Ave, Suite 200 PO Box 3018 = _ Mailing Address Mailing Address Kirkland, WA 98033 Bothell, WA 98041-3018 City, State, Zip Code City, State, Zip Code 425-894-6382 Phone Number Email Address Accepted by the City of Port Orchard this By Signature Printed Name Title 425-489-4500 Phone Number patti.whiteghubintemational. com Email Address day of , 20 City of Port Orchard Landscape Performance Bond Page 33 of 78 Page 2 of 2 POWER OF ATTORNEY Bond � Back to Agenda HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JIM S. KUICH, PATTI WHITE, SARAH H. BEHRENS, DANIELLE ENRIQUEZ, ANDY PRILL, THERESA A. LAMB, STEVE WAGNER, MICHAEL A. MURPHY, JIM W. DOYLE,JULIE M. GLOVER, CHAD M. EPPLE Bothell, WA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2020 * Q,p STATE OF NEW JERSEY STATE OF ILLINOIS 4,�'; County of Essex County of Cook SEAL �` M Yam: SEAIr s0� 1904 �a - 0 1984 = 0 . 1ER`" k <t1Nb� X . b Kenneth Chapman ' •.. „ Executive Vice President, Harco National Insurance Company if if ii f.• and International Fidelity Insurance Company On this 31st day of December, 2020 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. I I 11"l,, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, .` .....A..... New New Jersey the day and year first above written. JEFt54,,` Shirelle A. Outley a Notary Public of New Jersey My Commission Expires April4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect, IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, April 14, 2021 A01083 Page 34 of 78 a Irene Martins, Assistant Secretary Back to Agenda City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7B Meeting Date: April 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. RCW 35.94.040 requires a public hearing prior to disposal of equipment owned by a Utility. Surplus Water Sewer Utility and Storm Drainage Utility equipment is described on Attachment "B". A Public Hearing was previously held for the disposition of Water Sewer Utility and Storm Drainage Utility personal property. 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 property 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 and Attachment "A" & "B". Page 35 of 78 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, certain Water Sewer Utility and Storm Drainage Utility equipment owned by the City of Port Orchard has become surplus to the needs of the City Utilities; and WHEREAS, as required by RCW 35.94.040, the City Council held a public hearing on XXXX, 2021 before determining that such utility equipment is surplus to the City's needs and is not required for providing continued public utility service; and WHEREAS, the City Council has determined that the present fair market value of the personal property and utility equipment items is as set forth in Attachments "A" hereto; 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 personal property and utility 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 personal property described on Attachment "A" & "B" and Water Sewer Utility and Storm Drainage Utility equipment described to the needs of the City. Staff is instructed to dispose of the listed property and equipment items pursuant to the requirements of POMC 1.30.020(4) and POMC 1.30.030. FURTHER THAT: The property described below 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. Item # Description/Address WS4010016 South Sidney Reservoir at 2051 Sidney Avenue, 100K gallons Page 36 of 78 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 this 271" day of April 2021. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 37 of 78 Back to Agenda Attachment A - Enterprise Year Description Custody Notes original Est. Value value WS4010016 61 Reservoir Sidney 30,700 0 WS4010016 85 Reservoir Sidney 7875 2519.56 0 0 0 Page 38 of 78 Back to Agenda ORCHARD. MEMORANDUM TO: Gretchen Isaksson FROM: Mark Dorsey, P.E. DATE: 1/6/2020 REGARDING: Removal and Auction Bid of South Sidney Reservoir at 2051 Sidney Ave (iooK gallons) This Capital Facility -Water was constructed in 1961 for the city's potable water storage serving the 390 zone. While the South Sidney Reservoir was once a vital part of the hydraulic profile, the addition of the Old Clifton and Sedgwick reservoirs has increased the cities capacity for water storage. The South Sidney Reservoir has not been in service since 2016 and Public Works staff would like to surplus this asset and have an auction bid for its removal and disposal. X N' Mark Dorsey, P.E. 1. PUBLIC WORKS 216 PROSPECT ST PORT ORCHARD, WA 98366 PHONE (360)876.4991 1 FAX (360) 876.4980 Page 39 of 78 EMAIL: PUBLICWORKS@CITYOFPORTORCHARD.US W WW.CITYOFPORTORCHARD. US Back to Agenda Page 40 of 78 Back to Agenda �_. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 n `IN. iN hi -1 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: April 27, 2021 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with PBS Engineering and Public Works Director Environmental, Inc. for Safety Training Atty Routing No: 366922.0009 — PW and Safety Manual Development Atty Review Date: April 13, 2021 Summary: City Staff has determined the need for a qualified consultant to provide consistent safety training of staff and ongoing review/updating of the current City Safety Manual. Therefore, on February 1211 and 1911, 2021, the City's Public Works Department published a Request for Proposals (RFP) for Safety Training and Safety Manual Development. By the February 26, 2021 deadline, the City's Public Works Department received two (2) proposals from qualified firms: PBS Engineering & Environmental, Inc. and Safety Training Compliance, LLC. On March 25, 2021, Public Works Staff scored each firm's statement of qualifications and cost proposals against the criteria established for this contract. On March 25, 2021, Staff determined that PBS Engineering & Environmental, Inc. was the highest-ranking firm, based upon the results of the scoring spreadsheet. On March 29, 2021, Public Works Staff successfully completed the Bidder Responsibility Checklist for PBS Engineering & Environmental, Inc. The Safety Training and Safety Manual Development work pursuant to this contract will occur beginning with the mutual execution of the contract through December 31, 2024. Relationship to Comprehensive Plan: Chapter 7 — Utilities. Recommendation: Staff recommends adoption of Resolution No. 030-21, thereby approving of and authorizing the Mayor to execute Contract No. C048-21 with PBS Engineering & Environmental, Inc. for the Safety Training and Safety Manual Development Contract through December 31, 2024, in the amount of $100,000.00, and documenting the Professional Services procurement procedures. Motion for Consideration: I move to adopt Resolution No. 030-21, authorizing the Mayor to execute Contract No. C048-21 with PBS Engineering & Environmental, Inc. for Safety Training and Safety Manual Development in the amount of $100,000.00, and documenting the Professional Services procurement procedures. Fiscal Impact: 2021-2022 Biennial Budget allocated $16,000.00 for this activity. As this contract exceeds that amount for 2021-2022 and spans 2021-2024, a budget amendment is required. Alternatives: Do not approve. Attachments: Resolution No. 031-21 and Contract No. C048-21 (with PBS Engineering & Environmental Inc. Proposal). Page 41 of 78 Back to Agenda RESOLUTION NO.030-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C048-21 WITH PBS ENGINEERING & ENVIRONMENTAL, INC. FOR THE SAFTEY TRAINING AND SAFTEY MANUAL DEVELOPMENT CONTRACT AND DOCUMENTING THE PROFESSIONAL SERVICES I]39Z4111:74uh11,1A�:Z�Z WHEREAS, City Staff has determined the need for a qualified consultant to provide consistent safety training of staff and ongoing review/updating of the current City Safety Manual; and WHEREAS, consistent with Washington State procurement regulations and the City's procurement policies, on February 121" and 19t', 2021, the City of Port Orchard Public Works Department published a Request for Proposals (RFP) for Safety Training and Safety Manual Development; and WHEREAS, by the February 26, 2021 deadline, the City's Public Works Department received two (2) proposals from qualified firms: PBS Engineering & Environmental, Inc. and Safety Training Compliance, LLC; and WHEREAS, on March 25, 2021, Public Works Staff scored each firm's statement of qualifications and cost proposals against the criteria established for this contract; and WHEREAS, on March 25, 2021, Staff determined that PBS Engineering & Environmental, Inc. was the highest-ranking firm, based upon the results of the scoring spreadsheet; and WHEREAS, on March 29, 2021, Public Works Staff successfully completed the Bidder Responsibility Checklist for PBS Engineering & Environmental, Inc.; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute Contract No. C048-21 with PBS Engineering & Environmental, Inc. for the Safety Training and Safety Manual Development Contract. Page 42 of 78 Back to Agenda Resolution No. 030-21 Page 2 of 2 THAT: This Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 27t" day of April 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 43 of 78 6-m CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 27th day of April 202I, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And PBS Engineering & Environmental, Inc. , a corporation, organized under the laws of the State of Washington, doing business at: PBS En ing eering & Environmental, Inc. 241 E Galer St. Suite 300 Seattle WA 98102 (hereinafter the "CONSULTANT") Contact: Tim Ogden Phone: 206.766.7611 Email: tim.o den bsusa.com for professional services in connection with the following Project: Safety Training and Safety Manual Development TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and Iocal laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. City of Port Orchard and PBS Engineering & Environmental, Inc. Public Works Project No. PJV2021-015 Professional Service .4greenrent Contract No. C048-21 USENGINEERINOSafery Program0211Con1raci1C046-21-PBS.DOCX Rev 7/19/2019 1of1I Page 44 of 78 B, The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on May 1, 2021 ("Commencement Date") and shall terminate December 31 2024 unless extended or earlier terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. Additionally, the City reserves the rights to review the Agreement at regular intervals to assure the quality of services provided by the Vendor. 4. Compensation. u LUMP SUM. Compensation for these services shall be a Lump Sum of $ TIME AND MATERIALS NOT TO EXCEED. Total compensation for these services shall not exceed $100,000.00 without written authorization, and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "A." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit" " ❑ OTHER. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the patties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. City of Port Orchard and PITS F,ngirteer•ing & Environmental, Inc. Public Works Project No. PFV2021-01 S Professional Service agreement Contract No, C048-21 UT-NIGEJEER1nGL5aferyProgram120211Con1mc1\C048-21-PBS.DOCX Rev 7/18/2019 2 of 11 Page 45 of 78 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. City of Port Orchard and PBS Engineering & Environmental, Inn. Public Morks Project No. PFF2021-015 Professional Service .4greettierrt Contract No. C048-21 U TNG[NEERINGLSafety Program12021\Contract\C048-21- PBS.DOCX Rev 7/18/2019 3of11 Page 46 of 78 C. Rights U12on Termination. 1. With ot- Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed, Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or ]modification of such documents, City of Porf Orchard and PBS Engineering & Environmental, Inc. Public [[corks Project No. PW2021-015 Professional Service Agreement Contract No. C018-21 a:EhGFNEE uxc%sirery Pug anyuo21NCentract�C049-21- PBS.nocx Rev 7/18/2019 4 of 11 Page 47 of 78 reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Cify of Port Orchard and PBS Engineering & Environmental, Inc. Public Works Project No. PTV2021-015 Professional Service Agreement Contract No. C048-21 UWNGCNEER[NG1SafetyProgram1202i1ContracflC04&-21-PHS,ROCa Rev 7/18/2019 5ofII Page 48 of 78 2. Commercial General Liabilit insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be narned by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4, Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per clairn and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. City of Porl Or-claar-d and PBS Er2giiaeerirtg & Environmental, Inc. Public JVorks Project No. P1,Y2021-015 Professional Service Agreement Contract No. C018-21 U TNIGINEEIUNG!Saf y Pro1;rwM20271Contract%C048-2I- PBS.DOCX Rev 7/18/2019 6 of 11 Page 49 of 78 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.8959029 CONSULTANT PBS En ing eering & Environmental, Inc. 214 E. Galer St. Suite 300 Seattle, WA 98102 Phone: 206,766.7611 Email: tim.ogden@pbsusa.com 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. City of Port Orchard and PISS Engineering & Envir onMental, Inc. Public iYorks Project No. PFV2021-015 Professional Service Agreement Contract No. C018-21 V.IENGINEERM(Maray P,ogramM211Cowacl1C048-21- PSs.DOCX 7of11 Rev 7/18/2019 Page 50 of 78 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. if any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a pant of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the patties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: l . Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment Cite ofPorl Orchard and PBS Engineering & Environmental, Inc. Public Works Project No, Pif2021-015 Professional Service 4greetnent Contract No. C0 {8-21 U:E-NGI N£PRTNC..S,4ely Progra.UO211Conlreci1C0d8-21- PBS.DOCX Rev 7/ 18120 19 9ofH Page 51 of 78 practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for worm to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATE: Brandy Rinearson, MMC Citv Clerk CONSULTANT Title: L6 sf PS hI r City of Port Orchard and PBS Engineering & Environmental, Inc. .Public Works Project No. PW2021-015 Professional Service Agreement Contract No. C048-21 U.-TNG➢dE=G'Safely PrograniU0211Contraet\C048-21- P➢S,D0CX 9of11 Rev 7AM019 Page 52 of 78 APPROVED AS TO FORM: IN Charlotte A. Archer, City Attorney City of Port Orchard and PBS Engineering & Environmental, Inc. Public I3rorks Project No. PW2021-015 Professional Service Agreement Contract No. C048-21 U:SENGINEEIt MSaretyPw_qran1202ACantcad\C048-2f-PES.DOC{ Rev?/18/2019 10 of 11 Page 53 of 78 c d Q O APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U .S,C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Pala 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Pail 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and PBS Engineering & Environmental, Inc. Public Il"orks Project No, PfF2021-015 Professional Service Agreement Contract No. C048-21 U:IENGMEERIN&Safety PragramV202ITontract5C048-21-PBS.00CX Rev 7/1812019 11 of 11 Page 54 of 78 Appendix B — Cost Proposal 00 Our training goes beyond the standard delivery of WAC and OSHA facts and processes. Our trainers take complex regulatory information and present it in clear, easy to understand language using examples from years of experience in the field. We make training topics relevant to the work done by your employees. The flat fee for a standard 2-hour training is listed below as a lump sum monthly basis. If the minimum time requirement for completing a training exceeds 2 hours, the instructor's hourly rate Will be added to the base fee. Regulatory review and updates for the City's current manual and APP will be billed at the hourly rates listed below. Administrative tasks include editing training materials, recordkeeping, printing services and other tasks as requested. PBS estimates that administrative tasks will require approximately 4 hours per month. Estimated Training Hours I Participants/Hours Rate per Session/Month 2-Hour Live Training Webinar 2-Hour On -site Training On -Site Safety Inspections As Requested Manage Safety Training Documentation Activity Manual Review & Policy Writing Additional Training/Certification On -Site Inspections of Facility or Jobsite Program/Training Course Development Administrative Tasks/Record keeping Up to 17 Up to17 Approx. 3 hrs/month, Janet Murphy Approx. 4 hrs/month Hourly Rate _ Bruce Cassem $115.00 Janine White $145.00 PBS Instructor $115.00 Bruce Cassem $115.00 Janet Murphy $100,00 Bruce Cassem $115.00 $75.00 $4 50.00 $1,450.00 $300.00 $300.00 Training course content will be customized to include the City's specific policies and procedures where applicable. Our instructors will work in collaboration with the City'Operations Manager to incorporate those policies and procedures into the curriculum. Additional instructor time for development of training material and incorporating City of Port Orchard specific information will be billed at the instructor's hourly rate. Time & Materials (T&M) Rate for Additional Services Additional training requested (forklift, boom, etc.), will be billed at the instructor's hourly rate of $115.00. Any materials/ props needed to complete the training that are not provided by the City will be billed on a per -cost basis. PBSResponse to CHy (it Port Orchard Request for Proposals Monthly Errrpinvi2e Safely Training and Safety Manual Development B-1 Page 55 of 78 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date Subject: Adoption of a Resolution Approving Amendment No. 1 to Contract No. 036-20 With Krazan & Associates for On -Call Professional Materials Testing, Inspection, and Geotechnical Services Back to Agenda April 27, 2021 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No. Atty Review Date 366922.0009 — PW April 22, 2021 Summary: Consistent with budget authority for 2020, staff identified the need for on -call professional materials testing, inspection and geotechnical services to support development projects and City improvement projects. Utilizing the qualifications -based procurement procedures set out in ch. 39.80 RCW and RCW 39.04.155, in early 2020 staff established a list of qualified consultants from the 2020 Consultant Roster for the Main Category — Building, Structure and Roadway Improvement Services, Engineering Services and Sub -Category — Construction Inspection, Material Inspection & Testing, Geotechnical Engineering. Staff reviewed, scored, and ranked the qualifications of the consultants selected from the roster, the City's Public Works Department recommended the award of the contract to the highest-ranking firm, Krazan & Associates. The cost for this work was set at a maximum of $15,000 for 2020, and negotiated terms of the contract with Krazan & Associates. Consistent with delegated signatory authority for low-cost budgeted items, on March 16, 2020, the Public Works Director executed Contract No. C036-20 with Krazan & Associates for On -Call Professional Materials Testing, Inspection and Geotechnical Services in an amount of $15,000. In 2021, the City has identified additional services needed to support inspection of development projects and City improvement projects. Additional budget authority is available for these services for 2021. Krazan & Associates and the City have conferred and prepared an amendment to the contract for an increased scope of services and associated fee increases. Before the Council for approval is the amendment to the contract that would add these additional services and the not to exceed amount of the on -call services contract C036-20 would be increased by $15,000.00 to a total of $30,000.00 Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 1 to Contract No. C036-20 with Krazan & Associates for On -Call Professional Materials Testing, Inspection and Geotechnical Services in the amount of $15,000.00, for a total amended contract amount of $30,000.00. Relationship to Comprehensive Plan: N/A Motion for Consideration: I move to adopt Resolution No. 031-21, authorizing the Mayor to execute Amendment No. 1 to Contract No. C036-20 with Krazan & Associates for On -Call Professional Materials Testing, Inspection and Geotechnical Services in the amount of $15,000.00, for a total amended contract amount of $30,000.00. Page 56 of 78 Back to Agenda Staff Report 7D Page 2 of 2 Fiscal Impact: Included in 2021 budget. Attachments: Resolution, Amendment No. 1, Contract No. CO36-20, COPO Amendment Authorization. Page 57 of 78 Back to Agenda RESOLUTION NO.031-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO CONTRACT NO. C036-20 WITH KRAZAN & ASSOCIATES FOR ON -CALL PROFESSIONAL MATERIALS TESTING, INSPECTION AND GEOTECHNICAL SERVICES. WHEREAS, on March 16, 2020, the City entered into a contract for limited scope on -call professional materials testing, inspection and geotechnical services with Krazan & Associates in an amount not to exceed $15,000; and WHEREAS, Krazan & Associates was originally selected for this work through a procurement process consistent with RCW 39.04.155 and ch. 39.80 RCW, utilizing the 2020 Consultant Roster for the Main Category — Building, Structure and Roadway Improvement Services, Engineering Services and Sub - Category —Construction Inspection, Material Inspection & Testing, Geotechnical Engineering; and WHEREAS, staff has identified additional services to support inspection of development projects and City improvement projects to add to the scope of work for Krazan & Associates, which would increase the cost of the contract to $30,000 and trigger a requirement under the City's procurement procedures for Council action to authorize an amendment; and WHEREAS, consistent with budget authority available for 2021, staff prepared Amendment No. 1 to Contract No. C036-20, thereby increasing contact total from $15,000.00 to $30,000.00; and WHEREAS, the Port Orchard City Council desires to amend Contract No. C036-20 with to Krazan & Associates to reflect this additional scope of work and allow for the provision of these necessary services; 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 of and authorizes the Mayor to execute Amendment No. 1 to Contract No. C036-20 with Krazan & Associates for on -call professional materials testing, inspection, and geotechnical services in the total amount of $30,000. 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 27t" day of April 2021. ATTEST: Robert Putaansuu, Mayor Brandy Rinearson, MMC, City Clerk Page 58 of 78 Back to Agenda Amendment No. 1 to Contract No. 036-20 CITY OF PORT ORCHARD AGREEMENT WITH Krazan & Associates THIS AMENDMENT to Contract No.036-20 ("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 Krazan and Associates ("Consultant"), a corporation organized under the laws of the State of Washington, located and doing business at 1230 NW Fill Hill Rd #A, Poulsbo WA, 98370. WHEREAS, on March 16, 2020, the City executed an Agreement for on -call professional materials testing, inspection, and geotechnical services with Krazan Associates, Inc, for the provision of public defender services ("Underlying Agreement"); and WHEREAS, additional services are needed to support inspection of development project and City improvement projects and new budget authority is available for 2021; and WHEREAS, the Consultant and the City have conferred and developed an increased scope of services and associated fee increase; and WHEREAS, the parties wish to memorialize their agreement and 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 between the parties, incorporated by this reference as if herein set forth, is amended in, but only in, the following respect: A. Amended Section 4. Compensation. Compensation under this Agreement will be on a "time and materials, not to exceed" basis. Compensation for services shall not exceed $30,000.00 (inclusive of all compensation paid after execution of the Agreement but prior to this Amendment), without written authorization and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit A, attached hereto and incorporated herein by this reference. B. Amended Section 5. Payment. A. This Agreement does not guarantee any amount of work for the Consultant. Task Orders will be developed as determined by the City and as provided for in this Agreement. The City shall pay the Consultant an amount based on time and materials, not to exceed Thirty Thousand Dollars ($30,000.00) for the services described in Section 1 herein. This is the maximum amount to be paid under this Agreement for the work described in this Agreement, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement. PROVIDED, HOWEVER, the City reserves the right to direct the Consultant's compensated services under the time frame set forth in Section 3 herein before reaching the maximum amount. Page 59 of 78 ftck to Agenda C. Amended Section 1. Services by Consultant, and Exhibit A to the Agreement. A new Exhibit A shall be added to the Agreement to include the additional services that will be performed consistent with this Amendment. A copy of that Exhibit A is attached hereto as Attachment 1. 3. 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. CITY OF PORT ORCHARD, WASHINGTON Mark R. Dorsey Public Works Director ATTEST/AUTHENTICATED: Brandy Rinearson, CMC, City Clerk APPROVED AS TO FORM: Sharon Cates, City Attorney Krazan and Associates, Inc Wes Mahan Operations Manager Page 60 of 78 Back to Agenda CITY OF PORT ORCHARD Authorization for Amendment No. 1 Date: April 27, 2021 Project: On -Call Material Testing Contract / Job # C036-20 Contractor: Krazan & Associates 1230 NW Finn Hill Rd #A Poulsbo, WA 98370 Additional services are needed to support inspection of development project and City improvement projects and new budget authority is available for 2021. Contract History Amount Sales Tax Total Date Appvd by Original Contract $15,000.00 $0.00 $15,000.00 16-Mar-20 Council Amendment 1 $15,000.00 $0.00 $15,000.00 27-Apr-21 Council I i i i i — Total Contract $30,000.00 $0.00 $30,000.00 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\2021\20210427\7D 04 C036-20 Amendment 1 Authorization. doc Page 1 Page 61 of 78 Back to Agenda ;W 4 a Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7E Agenda Staff Report Subject: Adoption of a Resolution Authorizing the the Surplus of City Equipment Meeting Date: April 27, 2021 Prepared by: Chief Brown Atty Routing No. Atty Review Date 366922.0012 - PD April 22, 2021 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. This right to dispose of surplus equipment extends to firearms purchased for use by the City's Police Department but surplus to the Department's current needs. Consistent with RCW 35A.11.010, surplus assets may be disposed of in a variety of ways including but not limited to disposal, auction, intergovernmental transfer, or commercial sale. The City's Police Department has identified firearms that are surplus to the Department's need. If authorized by the Council, these surplus firearms will be disposed of via a trade-in with a local vendor, and money from the sale of this surplus property will be held as store credit by the purchaser. The Department intends to use this credit to purchase necessary items to train the City's peace officers. Recommendation: Staff recommends approval of a Resolution declaring certain property surplus and authorizing its disposition. Relationship to Comprehensive Plan: N/A Motion for consideration: 1 move to approve a Resolution declaring certain equipment surplus and authorizing its disposition. Fiscal Impact: Money from the sale of this surplus property will be held as store credit by the purchaser. Alternatives: N/A Attachments: Resolution and Attachment "A" - Department Memo. Page 62 of 78 Back to Agenda A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, DECLARING EQUIPMENT SURPLUS TO THE NEEDS OF THE CITY AND AUTHORIZING THEIR DISPOSAL. WHEREAS, the City of Port Orchard owns equipment described herein and has identified that this equipment is surplus to the needs of the City; and WHEREAS, the City is authorized under RCW 9.41.098 and RCW 35A.11.010 to dispose of surplus equipment for the common benefit; and WHEREAS, the City Council finds that the City does not and will not need the equipment for City purposes in the immediate or foreseeable future, the equipment is surplus to the needs of the City and Police Department, and that it is in the public interest to dispose of the equipment in accordance with RCW 9.41.098 and RCW 35A.11.010; 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 property described below is declared as a surplus to the needs of the City. Staff is instructed to dispose of the items in a commercially reasonable manner that reflects the best interest of the City. Item # Description/Make Serial Number Surplus Remington 870 A713170M Surplus Remington 870 A740541M Surplus Remington 870 1187502V Surplus Remington 870 T619191V Surplus Remington 870 V1337952M Surplus Remington 870 C745263M Surplus Remington 870 1160003V Surplus Remington 870 V205228V Surplus Smith & Wesson 3000 FC47842 Surplus Smith & Wesson 3000 FC00096 Surplus Mossberg 500 P547792 Surplus Mossberg 930 AF0033681 Surplus Mossberg 930 AF0035938 Surplus Mossberg 930 AF0036235 Surplus Mossberg 930 AF0036818 Surplus Mossberg 930 AF0036832 Page 63 of 78 Back to Agenda Resolution No. Page 2of2 Surplus Mossberg 930 AF0037102 Surplus Mossberg 930 AF0036141 Surplus Mossberg 930 AF0041760 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 27th day of April 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 64 of 78 CITY OF PORT ORCHARD Back to Agenda POLICE DEPARTMENT Matt Brown, Chief of Police 546 Bay Street, Port Orchard, WA 98366 Voice: (36o) 876-1700 • Fax: (36o) 876-5546 police @ cityofportorchard.us www.cityofportorchard.us Chief Brown, 03/28/2021 Recently, I spoke with the Owner of MKR Tactical Solutions LLC, Mark Roy, regarding the trading in of all the department issued shotguns that will no longer be used, for an in-store credit. After our conversation, Mark came to the Police Department to visually inspect the shotguns. All the shotguns, quantities, and the given trade in values are listed below. 8 Mossberg 900s: $500 per, totaling $4,000.00 1 Mossberg 500s: $100 per, totaling $100.00 2 Smith and Wesson 3000s: $100 per, totaling $200.00 8 Remington 870s: $100 per, totaling $800.00 Total in-store credit: $5,100.00 The following are the Make/Model/Serial numbers of the firearms: REM 870 A713170M REM 870 A740541 M REM 870 1187502V REM 870 T619191V REM 870 V1337952M REM 870 C745263M REM 870 1160003V REM 870 V205228V S&W 3000 FC47842 S&W 3000 FC00096 MOS 500 P547792 MOS 930 AF0033681 MOS 930 AF0035938 MOS 930 AF0036235 MOS 930 AF0036818 MOS 930 AF0036832 MOS 930 AF0037102 MOS 930 AF0036141 MOS 930 AF0041760 Page 65 of 78 CITY OF PORT ORCHARD Back to Agenda POLICE DEPARTMENT Matt Brown, Chief of Police 546 Bay Street, Port Orchard, WA 98366 Voice: (36o) 876-1700 • Fax: (36o) 876-5546 police@cityofportorchard.us www.cityofportorchard.us I was informed that credit pricing is based off the firearm's condition, any repairs needed to be made, removal of less - lethal colorways, cleaning, and paperwork necessary to transfer and process. Mark verified that he would create an in- store credit account for the department to use on firearms and accessories for the department. I am requesting that this transaction be finalized by way of your approval and brought before the City Council. It is the wish of the firearm program that this in-store credit can be used to purchase training supplies and other necessary items for the Port Orchard Police Department's Firearms program. Respectfully, Officer Josiah Gapsch # 738 Port Orchard Police Department Page 66 of 78 Back to Agenda ;0 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7F Subject: Approval of the 2021 Comprehensive Plan Amendments Docket Meeting Date: April 27, 2021 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Issue: Pursuant to the Comprehensive Plan amendment regulations in Port Orchard Municipal Code Section (POMC) 20.04, the Community Development Director has compiled a recommended Comprehensive Plan amendment agenda (docket), based on a preliminary evaluation of the need, urgency, and appropriateness of the suggested amendments, as well as the staff and budget availability to accommodate the public review process. For 2021, all non -City initiated comprehensive plan amendment applications were required to be completed and submitted to the Community Development Department by 4:00 pm on January 31", in order to be considered during this year's amendment process. One map amendment application was received, from He Development LLC. On April 13, 2021, City Council approved an ordinance stipulating that City -initiated amendments may be submitted at any time final to the adoption of the final comprehensive plan amendment docket. The deadline for Council to adopt the docket, per POMC 20.04.060(5), is April 30t" of each year. The Department initiated annual amendment applications for one set of text amendments, one map amendment (Naftchi property), and the draft McCormick Village Subarea Plan. The Community Development Director recommends that all of the amendment applications be included on the adopted 2021 Comprehensive Plan docket: Text Amendments — City Initiated • 6-Year Transportation Improvement Program (TIP). Each year, the City is required by law to adopt an update to its 6-Year TIP. The update for 2021 will extend 6-year funded projects on the TIP to 2022- 2027. The 6-Year TIP is not part of the Comprehensive Plan, but is adopted into the Plan by reference in Appendix B to the Comprehensive Plan. • 20-Year TIP. The 20-year TIP (2028-2041) has also been adopted into the Plan by reference in Appendix B. • The City's 2020 Water System Plan and Comprehensive Sanitary Sewer Plan are proposed to be adopted, to be shown on Appendix B of the Comprehensive Plan. • The City's Capital Facilities Plan is proposed to be updated, to be shown on Appendix B of the Comprehensive Plan. • The City Hall Space Analysis is proposed to be adopted into the Comprehensive Plan by reference, to be shown on Appendix B of the Comprehensive Plan. • The Parks Element is proposed to be repealed and replaced by a new Parks and Recreation Plan. • In the Utilities Element, Tables 7-1 and 7-2 (Sewer and Water CIPs) are proposed to be updated. Page 67 of 78 Back to Agenda Staff Report 7F Page 2 of 3 • The Capital Facilities Element is proposed to be amended to reference the City Hall Space Analysis (Section 9.2) and the South Kitsap Community Events Center (new Policy CF-43). • The City's 1987 "Blackjack Creek Comprehensive Management Plan" is proposed to be replaced with the 2017 "Blackjack Creek Watershed Assessment and Protection and Restoration Plan", as the planning guidance document for the Blackjack Creek Watershed, to be shown on Appendix B of the Comprehensive Plan. • The Land Use Element is proposed to have a "housekeeping amendment" to clean up errors, omissions, and out of date information resulting from subarea plan adoptions over the past few years. Map Amendment — City Initiated Naftchi Map Amendment. This amendment proposes to change the land use map designation of two parcels (719 and 807 Sidney Ave) from Commercial to Residential Medium Density, with a corresponding zoning change from Neighborhood Mixed Use to Residential 2 (R2). (This amendment may not be needed if the Downtown Subarea Plan is adopted prior to adoption of the 2021 annual Comprehensive Plan amendments, as it has also been included in the proposed land use map redesignations/rezonings in the Subarea Plan. It is included on this docket in case the Downtown Plan is not completed or is appealed.) In 2017, the City adopted new zoning classifications that replaced those previously shown on the adopted City Zoning Map. When preparing the new Zoning Map, the City also took the opportunity to make corresponding changes on the Comprehensive Plan's Land Use Map for certain properties, which more closely corresponded to the revised zoning, existing and adjacent development, intended land uses and site conditions (including the presence of critical areas). In 2020, staff noted that during this update of both the Zoning Map and the Land Use Map, the land use designation of some parcels was overlooked, and they did not receive the correct land use designation to correspond with their new zoning. As such, the Comp Plan/Zoning maps were inconsistent. To resolve these errors, in 2020 staff made Land Use Map changes to make the zoning and land use designations of these parcels consistent. Although the City was the applicant for these revisions, all property owners were notified of the amendment application. However, the owners of the properties located at 719 and 807 Sidney Ave, Shahbaz and Elizabeth Naftchi, subsequently requested that their properties be returned to the equivalent of their pre-2017 zoning and land use designations (Residential Medium Density and R2). The Naftchis authorized the City to be their agent on the application. Staff supports the requested amendment. Map Amendment —Citizen Initiated He Map Amendment. He Development LLC submitted an application to change the land use map designation of a 1.94 acre parcel at 1932 SE Salmonberry Rd from Low Density Residential to Medium Density Residential, with a corresponding zoning change from Residential 1 (R1) to Residential 3 (R3). The applicant proposes the future development of a three-story multi -family project consisting of 30 garden -style apartments in two buildings with associated parking. Staff supports the requested amendment. Recommendation: Staff recommends that the City Council vote to approve the 2021 Comprehensive Plan amendments docket pursuant to POMC 20.04.060, as presented. Page 68 of 78 Back to Agenda Staff Report 7F Page 3 of 3 Motion for consideration: "I move to approve the 2021 Comprehensive Plan amendments docket pursuant to POMC 20.04.060, as presented." Fiscal Impact: This proposal is not expected to impact the City's budget. Alternatives: Revise the proposed 2021 Comprehensive Plan docket; or, do not consider any Comprehensive Plan amendments in 2021. Attachments: Proposed 2021 Comprehensive Plan Amendment Docket Page 69 of 78 Back to Agenda 2021 Comprehensive Plan Update — Recommended Final Docket April 27, 2021 Pursuant to Port Orchard Municipal Code Section (POMC) 20.04.060(3), the City's Community Development Director has prepared a recommended final docket (agenda) for the 2021 annual amendments to the City's Comprehensive Plan, which has been maintained for public review. The Director has based the final docket recommendation on a preliminary evaluation of the need, urgency, and appropriateness of the suggested comprehensive plan amendments, as well as the staff and budget availability to accommodate the public review process. The following recommended final docket is provided for the 2021 annual amendments to the Port Orchard Comprehensive Plan: City -Sponsored Text Amendments • The City's 6-Year and 20-Year Transportation Improvement Program is proposed to be updated for 2022-2027 and 2028-2041, to be shown on Appendix B of the Comprehensive Plan. • The City's 2020 Water System Plan and Comprehensive Sanitary Sewer Plan are proposed to be adopted, to be shown on Appendix B of the Comprehensive Plan. • The City's Capital Facilities Plan is proposed to be updated, to be shown on Appendix B of the Comprehensive Plan. • The City Hall Space Analysis is proposed to be adopted into the Comprehensive Plan by reference, to be shown on Appendix B of the Comprehensive Plan. • The Parks Element is proposed to be repealed and replaced by a new Parks and Recreation Plan. • In the Utilities Element, Tables 7-1 and 7-2 (Sewer and Water CIPs) are proposed to be updated. • The Capital Facilities Element are proposed to be amended to reference the City Hall Space Analysis (Section 9.2) and the South Kitsap Community Events Center (new Policy CF-43). • The City's 1987 "Blackjack Creek Comprehensive Management Plan" is proposed to be replaced with the 2017 "Blackjack Creek Watershed Assessment and Protection and Restoration Plan", as the planning guidance document for the Blackjack Creek Watershed, to be shown on Appendix B of the Comprehensive Plan. • A "housekeeping amendment" cleanup of the Land Use Element, to correct errors, omissions and recent subarea plan changes that have occurred over the past few years. City -Sponsored Map Amendment Naftchi Map Amendment. This amendment proposes to change the land use map designation of two parcels (719 and 807 Sidney Ave) from Commercial to Residential Medium Density, with a corresponding zoning change from Neighborhood Mixed Use to Residential 2 (112). This change may not be needed if the Downtown Subarea Plan is adopted. It is included on this docket just in case the Downtown Plan is not completed or is appealed. Citizen -Sponsored Map Amendment He Map Amendment. This proposed amendment would change the land use map designation of one parcel (APN# 012301-3-017-2002) from Residential Low Density to Residential Medium Density, with a corresponding zoning change from Residential 1 (111) to Residential 3 (113). Page 70 of 78 Back to Agenda Review Process: The final comprehensive plan amendment docket (agenda) shall be determined by the City Council no later than April 30, 2021. When the final agenda is approved, a public notice and comment period will be provided in compliance with the Type V (legislative) permit process requirements in POMC 20.22.070 and 20.25.040. A public hearing will also be held per POMC 20.22.070(2), and a notice of the hearing will be issued in compliance with POMC 20.25.050. The Planning Commission shall make its recommendations regarding the proposed comprehensive plan amendments to the City Council no later than June 30, 2021. The City Council shall make a final decision on each proposed amendment by December 15, 2021. The preliminary agenda and a summary of each amendment application, including maps for the site - specific amendments, are available for review on the City's website at: https://www.cityofportorchard.us/2021-comprehensive-plan-amendments/ Comments or questions regarding the 2021 update to the City's Comprehensive Plan should be sent to the City of Port Orchard, Community Development Department, 720 Prospect Street, Port Orchard, WA 98366, planning@cityofportorchard.us. 2 Page 71 of 78 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of April 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 via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Absent Present via Remote Access Absent Present via Remote Access Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond, Public Works Director Dorsey, Police Chief Brown, City Attorney Archer, City Clerk Rinearson and Deputy City Clerk Floyd. Mayor Putaansuu stated pursuant to the Governor's Stay at Home, Stay Safe order, the City Council will be conducting the meeting via Zoom this evening. The meeting is also streaming live on Facebook. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Cucciardi, seconded by Councilmember Ashby, to add the excusal of Councilmember Rosapepe due to personal obligations. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the agenda as modified. The motion carried. Page 72 of 78 Back to Agenda Minutes of April 13, 2021 PaRe2of7 3. CITIZENS COMMENTS Robert McGee spoke to the Bay Street Pedestrian Pathway and voiced his concerns with the fiscal use of taxpayer's funds, shortfalls, grant funding, and said the Council has an opportunity to pause the pathway, which includes not paying the Tierra Right of Way large change order. Pausing will also give time for the City to address community concerns about the pathway and will allow the City to focus the funding on real community needs that do not burden the local taxpayer. 4. CONSENT AGENDA A. Approval of Voucher Nos. 81771 through 81800 and 81803 through 81893 including bank drafts in the amount of $590,624.56 and EFT's in the amount of $30,036.86 totaling $620,661.42. B. Approval of Payroll Check Nos. 81801 through 81802 including bank drafts and EFT's in the amount of $134,398.53; and Direct Deposits in the amount of $183,725.34 totaling $318,123.87. C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 10.66 Regarding Establishment of Snow Routes within the City (Ordinance No. 017-21) D. Adoption of a Resolution Approving an Agreement in Lieu of Assessment for Sewer Connection and Accepting an Easement with South Kitsap Helpline for Future Utility Placement (Resolution No. 025-21 and Agreements No. 052-21 and 053-21) E. Adoption of a Resolution Approving the Purchase of Vehicles for the Equipment Rental Revolving Fund 500 (Resolution No. 033-21) F. Approval of the March 23, 2021, City Council Meeting Minutes G. Excusal of Councilmember Diener Due to Personal Obligations H. NEW: Excusal of Councilmember Rosapepe Due to Personal Reasons MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the consent agenda as amended. The motion carried. 5. PRESENTATION A. Housing Kitsap Self Help Program Mayor Putaansuu introduced Dean Nail with Housing Kitsap and noted the cost of construction has escalated and has presented a problem to the Self -Help Program. A proposal may be to put some of the dollars that should be going to rental assistance to this program. Dean Nail spoke to the Housing Kitsap Self Help Program, stating they have been doing this since the 70's. At the start of each group, they budget the construction and permits, and send to USDA for the construction loan. This could take up to 8 months before construction can begin. Due to COVID, lumber is up 188% since this time last year and it continues to rise. If you take into consideration the nine that are in construction, they are roughly about $3,000 over. He asked the Mayor for $30,000 if it is available. Page 73 of 78 Back to Agenda Minutes of April 13, 2021 Paee 3 of 7 Discussion was held regarding how the program works, the location of the 9 homes which is off of Pottery Avenue, cost overrun for building materials and rental assistance contract with Kitsap Community Resources. Mayor Putaansuu proposed to spend about half of the rental assistance money to help the Self -Help program. City Attorney Archer said the funding source that the Mayor is requesting would be the affordable housing sales tax credit funding, which is specifically allocated to be used for the acquiring, rehabilitation, or construction of affordable housing. More discussion was held regarding the money going towards the construction cost overruns, mortgage costs, affordable housing, and drafting an agreement with Housing Kitsap. Councilmembers Clauson, Ashby, Cucciardi, Chang voiced their support in helping to fund the Self - Help program and construction cost overruns. B. Bay Street Pedestrian Pathway Funding Finance Director Crocker provided a presentation which included the summary of the pathway from 1994 to current, cost estimates if the City closes the project in its current state, timeline, future of the pathway if project is continued, Real Estate Excise Tax (REET) 1 and 2, outstanding debt service, funding solutions, and other capital projects and their funding sources. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 20.04 Timing of Comprehensive Plan Amendment Submittals MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to adopt an ordinance amending POMC 20.04, as presented. The motion carried. (Ordinance No. 020-21) B. Adoption of a Resolution for Approving the Washington State Department of Ecology's Water Restoration and Enhancement Draft Plan for WRIA 15 Page 74 of 78 Back to Agenda Minutes of April 13, 2021 Page 4 of 7 MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to approve the Water Restoration and Enhancement Draft Plan for WRIA 15, Contract No. C044-21. The motion carried. (Resolution No. 027-21 and Contract No. 044-21) C. Adoption of a Resolution Approving a Contract with Technical Systems, Inc. for the 2021-2024 On -Call SCADA Maintenance MOTION: By Councilmember Chang, seconded by Councilmember Ashby, to adopt Resolution No. 029-21, authorizing the Mayor to execute Contract No. C047-21 with Technical Systems, Inc. for the 2021-2024 On -Call SCADA Maintenance Contract in the amount of $100,000, and documenting the professional services procurement procedures. The motion carried. D. Adoption of a Resolution Approving a Contract with Active Construction Inc. for the Sidney Avenue Sewer Repair Project MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to adopt Resolution No. 026-21, thereby approving Contract No. C036-21 with Active Construction Inc for the Sidney Avenue Sewer Repair Project Contract in the amount of $358,358. The motion carried. E. Approval of Supplemental Agreement No. 2 to Contract No. 072-18 with Tierra Right of Way Services, LTD Regarding the Bay Street Pedestrian Pathway Project MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to authorize the Mayor to execute Supplemental Agreement No. 2 to Contract No. C072-18 with Tierra Right -of -Way Services, Ltd. in the additional amount of $613,317.05, thereby bringing the total Contract amount to $813,231.06. Councilmember Chang mentioned he is an employee of WSDOT, and he does not benefit in any way from this, but if anyone wants him to not vote, he will be happy to stand aside. No one voiced any objections. The motion carried. F. Approval of the Purchase of a Crafco, Inc. Supershot Trailer Melter, Via Sourcewell Contract 052417-CFC, Formerly Known as the National Joint Powers Alliance (NJPA) Page 75 of 78 Back to Agenda Minutes of April 13, 2021 Page 5 of 7 MOTION: By Councilmember Clauson, seconded by Councilmember Chang, to approve the purchase of a Crafco, Inc. Supershot 125 Diesel Trailer/Metter from Partner Construction Products through Sourcewell Contract No. 052417-CFC, for a total purchase price of $53,929.78 (applicable tax included). The motion carried. G. Approval of the March 16, 2021, City Council Work Study Session Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the minutes as distributed. The motion passed. Councilmember Cucciardi abstained. 8. DISCUSSION ITEMS (No Action to be Taken) There were no discussion items. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Cucciardi reported on the April 121" Economic Development and Tourism Committee meeting. Mayor Putaansuu reported the Land Use Committee is scheduled to meet May 12tn Councilmember Lucarelli reported the Festival of Chimes and Lights is scheduled to meet April 191n Mayor Putaansuu reported the Finance Committee is scheduled to meet April 201n Councilmember Ashby reported the Transportation Committee is scheduled to meet April 27tn 10. REPORT OF MAYOR The Mayor reported on the following: • In accordance with Ordinance No. 008-20, 'Delegating Authority to the Mayor for Creation and Modification of Job Descriptions', he spoke to HR policy changes for the Permit Tech position; • COVID-19 updates and South Kitsap; • Mass vaccination site at Lutheran Church on Mitchell; • Kitsap Transit and condemnation at park and ride lot; • Puget Sound Regional Council Executive Board meeting and dues increase; • Kitsap Regional Coordinating Council countywide planning policies; • Parks sign project and survey; Page 76 of 78 Back to Agenda Minutes of April 13, 2021 PaRe6of7 • Senate Transportation Committee and funding package; and • Minutes of Committee meetings. A brief discussion was held, asking if Advisory Committees should continue to take minutes, or if the video of the meeting is sufficient. After conversation, it was agreed they should continue taking minutes. • Peninsula Beverage applying for a street use permit north of their establishment for music on their patio; and • New City hires of a police officer, IT Specialist, and City Engineer. 11. REPORT OF DEPARTMENT HEADS Police Chief Brown reported on the new police officer starting tomorrow, ongoing interviews, and the department's accreditation is at 90%. Community Development Director Bond reported on the downtown Master Plan for the Downtown Subarea and Environmental Impact Statement, Parks Plan, comprehensive plan application deadline, and countywide planning policies. Finance Director Crocker reported about the new IT Specialist employee. City Attorney Archer reported on a new hire with Inslee and Best, Jennifer Robertson. 12. CITIZEN COMMENTS Robert McGee hopes the Council is extremely transparent to the community as it seems they are heading down the path of debt, and voiced his concerns with Councilmembers Chang, Clauson, and Ashby voting on the pedestrian pathway, as he believes there is a conflict of interest. Also, he hopes the Council utilizes the American Recovery Funds to be used for things other than infrastructure. Chuck Huck said he cares for the people in this community and in the Annapolis area, and voiced his frustration regarding taking people's homes. The Council is putting the cart before the horse as they do not have a plan and they do not have the money. He spoke to the conflict of interest on the pathway vote. 13. EXECUTIVE SESSION There was no executive session. GOOD OF THE ORDER Page 77 of 78 Back to Agenda Minutes of April 13, 2021 Page 7 of 7 Councilmember Ashby mentioned she will be retiring at the end of her term in December and thanked the community for allowing her the privilege of serving for the last 7 years. Councilmember Chang reported there will be a mass vaccination on Thursday. Councilmember Clauson reported Kitsap Transit has launched the Southworth ferry. In response to Councilmember Lucarelli, Mayor Putaansuu said the Council Retreat will still be an in - person meeting. S�_1�L•1�1:7�1►�il��y� The meeting adjourned at 8:38 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 78 of 78