05/11/2021 - Regular - PacketMayor:
Rob Putaansuu
Administrative Official
Councilmembers:
Belk 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, MIMIC, CPRO
City Clerk
Meeting Location:
Council Chambers, 3rd Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhall@cityofportorchard.us
City of Port Orchard Council Meeting Agenda
May 11, 2021
6:30 p.m.
REVISED 511012021
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 some
time. Therefore;
Remote access only
Link: https://us02web.zoom.us/m/82269671639
Zoom Meeting ID: 822 6967 1639
Zoom Call -In: 1 253 215 8782
1. CALL TO ORDER
A. Pledge of Allegiance
2. APPROVAL OF AGENDA
3. CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. When recognized by the Mayor, please state your name for the official record)
4. CONSENT AGENDA
(Approval of Consent Agenda passes all routine items listed below, which have been distributed
to each Councilmember for reading and study. Consent Agenda items are not considered
separately unless a Councilmember so requests. In the event of such a request, the item is
returned to Business Items.)
A. Approval of Vouchers and Electronic Payments
B. Approval of Payroll and Direct Deposits
C. Adoption of an Ordinance Amending Port Orchard Municipal Code
Chapter 9.46 City -Owned Docks and Piers (M. Brown) Page 3
D. Approval of an Interlocal Agreement with the City of Gig Harbor
Regarding Use of the City's Decant Facility (Dorsey) Page 12
E. Approval of the April 23, 2021, City Council Retreat Summary Page 29
F. Approval of the April 27, 2021, City Council Meeting Minutes Page 60
5. PRESENTATION
A. Bethel/Lincoln Roundabout (Dorsey)
6. PUBLIC HEARING
A. Public Hearine on Adoption of an Ordinance Adoatini? the 2021 Water
System Capital Improvement Plan (CIP) (Dorsey) Page 65
B. First Public Hearing on the Adoption of an Ordinance Amending Port
Orchard Municipal Code Chapter 13.04 and Increasing the Water System
Capital Facility Charge (Dorsey/Crocker) Page 69
7. BUSINESS ITEMS
A. Adoption of an Ordinance Adopting the 2021 Water System Capital Improvement Plan (Dorsey) Page
80
B. Adoption of an Ordinance Approving Revisions to Port Orchard Municipal Code Chapter 20.132 Sign
Code (Bond) Page 84
C. Adoption of a Resolution Approving a Contract with Sidney Road Apartments, LLC for General Facility
Fee Credit (Bond) Page 94
D. Adoption of a Resolution Approving a Contract with Apply -A -Line, LLC for the 2021 Road Striping
Project (Dorsey) Page 121
E. Approval of the April 20, 2021, City Council Work Study Session Meeting Page 152
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 June 14, 2021; 9.30am — 2nd Monday of each Remote Access
Tourism z month
Utilities
Land Use
Festival of Chimes & Lights
Finance
Transportation
Sewer Advisory
Lodging Tax
Outside Agency Committees
May 11, 2021; 5:00pm
TBD, 2021; 4:30pm
June 21, 2021; 3:30pm — 3rd Monday of each
month
May 18, 2021; 5:00pm
May 25, 2021; 5:00pm; 4" Tuesday of each
month
May 19, 2021; 6:30pm
October, 2021
Varies
Remote Access
Remote Access
---------------
Remote Access
Remote Access
Remote Access
Remote Access
Remote Access
Varies
Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.
The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required.
Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407.
The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations.
May 11, 2021, Meeting Agenda Page 2 of 2
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4C
Subject: Adoption of an Ordinance Amending
Port Orchard Municipal Code Chapter
9.46 City -Owned Docks and Piers
Back to Agenda
Meeting Date:
May 11, 2021
Prepared by:
Matt Brown
Chief of Police
Atty Routing No.:
N/A
Atty Review Date:
N/A
Summary: Since the completion of the Dekalb Street Pier (the "Pier") Repair, Replacement & Renovation
Project in 2017 (the "Project"), the Pier has been utilized in contravention of the City's adopted regulations,
including overnight moorage and the outright abandonment of derelict vessels left tied to the Pier. The City
maintains a Department of Natural Resources (DNR) Aquatic Lease for the Pier and the use of the Pier in this
manner can constitute a breach of that lease. Enforcement of the existing regulations falls to the City's Police
Department; the City's current regulations under POMC 9.46 — City -owned Docks and Piers do not provide a
streamlined infraction/impound method for corralling derelict (e.g., abandoned, inoperable, unlicensed)
boats and removing them from circulation.
The amended ordinance provides the use of the City's non -criminal traffic infraction procedures to allow law
enforcement to issue infractions for violations and permits the impoundment of derelict boats or boats that
repeatedly violate the City's regulations.
Recommendation: Staff recommends the Council amend POMC 9.46 — City -owned Docks and Piers with the
proposed changes.
Relationship to Comprehensive Plan: Chapter 4 - Parks
Motion for consideration: I move to adopt the ordinance amending POMC 9.46 — City -owned Docks and
Piers with the proposed changes.
Fiscal Impact: None.
Alternatives: Not approve the amendments to POW Chapter 9.46 and provide staff with direction.
Attachments: Proposed Ordinance redline and final.
Page 3 of 154
Back to Agenda
ORDINANCE NO. Oxx-20
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO CITY -OWNED DOCKS; AMENDING CHAPTER 9.46 OF THE
PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City owns the Dekalb Street Pier for public, non-commercial moorage and
use between the hours of 6:00 a.m. and 11:00 p.m., with a limit of no more than two moorage days
per week and no consecutive moorage days; and
WHEREAS, the City has codified regulations governing the use of the Dekalb Street Pier at
Chapter 9.46 of the Port Orchard Municipal Code (POMC); and
WHEREAS, City Staff has identified a need to amend the City's regulations for use of the
Dekalb Street Pier to redress "unauthorized" or "abandoned" vessels that cause a public nuisance
and public health and safety issues for the public utilizing the Dekalb Street Pier for recreational
purposes; and
WHEREAS, the City desires to amend Chapter 9.46 POMC to provide enforcement tools for
Staff to redress "unauthorized" or "abandoned" vessels at the Dekalb Street Pierce; and
WHEREAS, the City Council findsthat this Ordinance and the amendments therein are in the
best interests of the residents of the City and further advance the public health, safety and welfare;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION 1. POMC 9.46.030, Amended. Port Orchard Municipal Code Section 9.46.030 is
hereby amended to read as follows:
POMC 9.46.030 City facility moorage limits.
(1) Moorage at the Water Street Boat Launch. Moorage at the Water Street Boat Launch
shall be limited to 15 minutes.
Page 4 of 154
Back to Agenda
Ordinance No. Oxx-21
Page 2 of 4
(2) Moorage at the Dekalb Street Pier. Moorage at the Dekalb Street Pier shall be for
daytime use only and shall be limited to six hours maximum (between 6:00 a.m. and 11:00 p.m.). In
addition, there shall be no consecutive moorage days allowed and no more than two moorage days
peF . No moorage or other tie-up by ropes, cables or
other fastenings shall be made except by use of tie-up cleats provided for such purposes.
3) No person shall moor a watercraft in an area that has been posted to prohibit moorage.
No person shall, without city authorization, moor a watercraft in an area that has been posted as a
restricted area.
SECTION 2. POW 9.46.050, Amended. Port Orchard Municipal Code Section 9.46.050 is
hereby amended to read as follows:
POMC 9.46.050. Violation — Penalty.
1) The following violations of this chapter shall be a noncriminal Class C infraction, as
set out in POMC 10.12.430:
a) Moorage in violation of POMC 9.46.030. Each calendar day on which a
vessel is moored in violation of POMC 9.46.030 shall constitute a separate infraction.
b) Moorage in a restricted or prohibited area. Each calendar day on which a
watercraft is moored in a restricted or prohibited area shall constitute a separate civil
infraction.
c) Tying together or rafting of watercraft at a city moorage facility. Each of the
watercraft involved shall be subject to issuance of a separate civil infraction.
d) Unless otherwise specified, any other violation of this chapter.
2) It shall be the duty of the police department, under the direction of the Chief of
Police, to enforce the regulations set forth in this chapter.
3) The procedures and substantive requirements set out in POMC 10.12.290,
10.12.300, 10.12.310, 10.12.320, 10.12.330, 10.12.340, 10.12.0350, 10.12.380, 10.12.410,
10.12.440, and 10.12.470 shall apply to the infractions issued pursuant to this Chapter.
Page 5 of 154
Back to Agenda
Ordinance No. Oxx-21
Page 3 of 4
SECTION 3. POMC 9.46.060, Amended. Port Orchard Municipal Code Section 9.46.060 is
hereby amended to read as follows:
9.46.060 Authority to impound Abandoned or derelict vessels.
Whenever a vessel remains moored at a city facility for more than two consecutive days or
is in violation of any other provision of this chapter. the Chief of Police or designee may impound
the vessel and any property associated with the vessel. Vessels moored in prohibited areas and
unauthorized vessels moored in restricted areas are subject to immediate impoundment. In
addition. the Chief of Police or designee may impound any vessel moored at a city facility if the
watercraft poses a risk to public health or safety. The Chief of Police or designee, in his, her ortheir
discretion. shall decide whether the vessel shall be impounded in place through use of a locking
device or removed to an appropriate holding area.
Pursuant to RCW 35A.21.320, the city has the authority, subject to the processes and
limitation outlined in Chapter 79.100 RCW, to store, strip, use, auction, sell, salvage, scrap, or
dispose of an abandoned or derelict vessel found on or above publicly or privately owned aquatic
lands within the jurisdiction of the city. In exercising its authority, the city will comply with the
provisions of Chapter 79.100 RCW as they currently exist or are hereafter amended.
SECTION 4. Severability. If any section, sentence, clause, or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 5. Corrections. Upon approval of the city attorney, the city clerk and the codifiers
of this ordinance are authorized to make necessary technical corrections to this ordinance,
including, without limitation, the correction of clerical errors; references to other local, state, or
federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION 6. Effective Date. This ordinance shall be in full force five days after posting and
publication as required by law. A summary of this ordinance may be published in lieu of publishing
the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, Washington at its regular meeting
on the _ of April 2021, and approved by the Mayor and attested by the Clerk in authentication of
such passage this date here.
Page 6 of 154
Back to Agenda
Ordinance No. Oxx-21
Page 4 of 4
Bek Ashby, Mayor Pro-Tem
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM ONLY: Sponsored by:
Charlotte A. Archer, City Attorney *****, Council Member
Page 7 of 154
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
PERTAINING TO CITY -OWNED DOCKS; AMENDING CHAPTER 9.46 OF THE
PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City owns the Dekalb Street Pier for public, non-commercial moorage and
use between the hours of 6:00 a.m. and 11:00 p.m., with a limit of no more than two moorage days
per week and no consecutive moorage days; and
WHEREAS, the City has codified regulations governing the use of the Dekalb Street Pier at
Chapter 9.46 of the Port Orchard Municipal Code (POMQ and
WHEREAS, City Staff has identified a need to amend the City's regulations for use of the
Dekalb Street Pier to redress "unauthorized" or "abandoned" vessels that cause a public nuisance
and public health and safety issues for the public utilizing the Dekalb Street Pier for recreational
purposes; and
WHEREAS, the City desires to amend Chapter 9.46 POMC to provide enforcement tools for
Staff to redress "unauthorized" or "abandoned" vessels at the Dekalb Street Pierce; and
WHEREAS, the City Council finds that this Ordinance and the amendments therein are in the
best interests of the residents of the City and further advance the public health, safety and welfare;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS
FOLLOWS:
SECTION 1. POMC 9.46.030, Amended. Port Orchard Municipal Code Section 9.46.030 is
hereby amended to read as follows:
POMC 9.46.030 City facility moorage limits.
(1) Moorage at the Water Street Boat Launch. Moorage at the Water Street Boat Launch
shall be limited to 15 minutes.
(2) Moorage at the Dekalb Street Pier. Moorage at the Dekalb Street Pier shall be for
daytime use only and shall be limited to six hours maximum (between 6:00 a.m. and 11:00 p.m.). In
addition, there shall be no consecutive moorage days allowed and no more than two moorage days
in one consecutive seven-day period. No moorage or other tie-up by ropes, cables or other
fastenings shall be made except by use of tie-up cleats provided for such purposes.
Page 8 of 154
Back to Agenda
Ordinance No.
Page 2 of 4
(3) No person shall moor a watercraft in an area that has been posted to prohibit moorage.
No person shall, without city authorization, moor a watercraft in an area that has been posted as a
restricted area.
SECTION 2. POMC 9.46.050, Amended. Port Orchard Municipal Code Section 9.46.050 is
hereby amended to read as follows:
POMC 9.46.050. Violation — Penalty.
(1) The following violations of this chapter shall be a noncriminal Class C infraction, as
set out in POMC 10.12.430:
(a) Moorage in violation of POMC 9.46.030. Each calendar day on which a
vessel is moored in violation of POMC 9.46.030 shall constitute a separate infraction.
(b) Moorage in a restricted or prohibited area. Each calendar day on which a
watercraft is moored in a restricted or prohibited area shall constitute a separate civil
infraction.
(c) Tying together or rafting of watercraft at a city moorage facility. Each of the
watercraft involved shall be subject to issuance of a separate civil infraction.
(d) Unless otherwise specified, any other violation of this chapter.
(2) It shall be the duty of the police department, under the direction of the Chief of
Police, to enforce the regulations set forth in this chapter.
(3) The procedures and substantive requirements set out in POMC 10.12.290,
10.12.300, 10.12.310, 10.12.320, 10.12.330, 10.12.340, 10.12.0350, 10.12.380, 10.12.410,
10.12.440, and 10.12.470 shall apply to the infractions issued pursuant to this Chapter.
SECTION 3. POMC 9.46.060, Amended. Port Orchard Municipal Code Section 9.46.060 is
hereby amended to read as follows:
9.46.060 Authority to Impound_Abandoned or derelict vessels.
Whenever a vessel remains moored at a city facility for more than two consecutive days or
is in violation of any other provision of this chapter, the Chief of Police or designee may impound
the vessel and any property associated with the vessel. Vessels moored in prohibited areas and
Page 9 of 154
Back to Agenda
Ordinance No.
Page 3 of 4
unauthorized vessels moored in restricted areas are subject to immediate impoundment. In
addition, the Chief of Police or designee may impound any vessel moored at a city facility if the
watercraft poses a risk to public health or safety. The Chief of Police or designee, in his, her ortheir
discretion, shall decide whether the vessel shall be impounded in place through use of a locking
device or removed to an appropriate holding area.
Pursuant to RCW 35A.21.320, the city has the authority, subject to the processes and
limitation outlined in Chapter 79.100 RCW, to store, strip, use, auction, sell, salvage, scrap, or
dispose of an abandoned or derelict vessel found on or above publicly or privately owned aquatic
lands within the jurisdiction of the city. In exercising its authority, the city will comply with the
provisions of Chapter 79.100 RCW as they currently exist or are hereafter amended.
SECTION 4. Severability. If any section, sentence, clause, or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION S. Corrections. Upon approval of the city attorney, the city clerk and the codifiers
of this ordinance are authorized to make necessary technical corrections to this ordinance,
including, without limitation, the correction of clerical errors; references to other local, state, or
federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION 6. Effective Date. This ordinance shall be in full force five days after posting and
publication as required by law. A summary of this ordinance may be published in lieu of publishing
the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 11t" day of May 2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 10 of 154
Back to Agenda
Ordinance No.
Page 4 of 4
APPROVED AS TO FORM: SPONSOR:
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 11 of 154
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Consent Agenda 4D
Subject: Approval of an Interlocal Agreement with
the City of Gig Harbor Regarding Use of the
City's Decant Facility
Back to Agenda
Meeting Date: May 11, 2021
Prepared by: Mark R. Dorsey, P.E.
Atty Routing No.
Atty Review Date
Public Works Director
366922.0015 - Storm
May 6, 2021
Summary: This Interlocal Agreement (ILA) is proposed to make available use of the City's Decant facility for
the City of Gig Harbor's Public Works Department. The City's existing ILA with Kitsap County for these same
purposes served as the model for this ILA. The ILA will allow Gig Harbor to process liquid and solid waste
collected by educator trucks. The City will provide Gig Harbor access to the facilities decant features for
liquids and provide management of solids and other materials collected that meets Federal, State, and Local
environmental regulations. The facility will also make available water for cleanup and eductor truck refilling
at a per use rate. This is a beneficial use that will provide mutual benefit to both parties.
Relationship to Comprehensive Plan: This does not have relationship to the comprehensive plan.
Recommendation: Staff recommends that the City Council authorize the Mayor to execute an interlocal
agreement with Gig Harbor for access to use the City's decant facility.
Motion for consideration: I move to authorize the Mayor to execute an ILA with the City of Gig Harbor for
beneficial use of the City's Decant Facility.
Fiscal Impact: N/A
Alternatives: Do not authorize Mayor to execute an ILA with Gig Harbor. This is not recommended, as this is
beneficial use for both parties.
Attachments: Interlocal Agreement.
Page 12 of 154
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INTERLOCAL AGREEMENT
City of Port Orchard Regional Decant Facility Beneficial Use Agreement
THIS INTERLOCAL AGREEMENT is entered into by and between the City of Port
Orchard, Washington (the "City") and Gig Harbor (the "Gig Harbor") (collectively, the "Parties")
as of the date entered below.
WHEREAS, Chapter 3 9.3 4 RCW authorizes two or more political subdivisions or units of
local government of the State of Washington to cooperate on a basis of mutual advantage to
provide for services and facilities; and
WHEREAS, Gig Harbor will benefit from use of the City's Regional Decant Facility
(hereinafter "Facility") to process Gig Harbor vacuum eductor truck waste for regulation and
operational purposes; and
WHEREAS, Gig Harbor, as well as the City, will benefit from cooperative use of this
facility; and
WHEREAS, the cooperative provisions of this Interlocal Agreement (hereinafter the
"Agreement") are in the best interests of the public; and
WHEREAS, the Parties mutually desire to establish a formal arrangement under which to
use and operate the Facility and its features; and
WHEREAS, the Parties desire to enter into this Agreement for the purpose of defining their
respective rights, obligations, costs and liabilities regarding this undertaking; and
WHEREAS, the City Council of the City of Port Orchard has taken appropriate action to
approve the City's entry into this Agreement; and
WHEREAS, Gig Harbor has taken appropriate action to approve Gig Harbor's entry into
this Agreement; and
WHEREAS, the acceptance and signature of this document terminates any previous
Agreement relating to Facility usage;
NOW, THEREFORE, in consideration of the terms, conditions and covenants contained
herein, the City and Gig Harbor agree as follows:
Port Orchard / Gig Harbor Interlocal Agreement for Decant Facility Use
Page 1 of 4 April 13, 2021
Page 13 of 154
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TERMS
Section 1. Purpose.
The purpose of this Agreement is to establish a formal arrangement under which the
Parties will share the use of the Facility to process street wastes as set forth below. The terms,
conditions and covenants of this Agreement shall accordingly be interpreted to advance this
purpose. This Agreement further seeks to allocate and define the Parties' respective rights,
obligations, costs and liabilities concerning the establishment, operation and maintenance of this
undertaking.
A. The Parties individually generate street wastes, defined as materials picked up by
manual or mechanical sweepings of alleys, streets, and sidewalks; wastes from public waste
receptacles; and material removed from catch basins. and have a need for a permanent facility in
which this material can be handled in accordance with environmental regulations.
B. The Facility will be used by the Parties to process street wastes. The Facility will
provide a decant feature for liquids and adequate storage for materials collected that is in
compliance with Federal, State, and Local environmental regulations. The facility will provide
water for cleanup and eductor truck refilling at a per use rate.
Section 2. Term. This Agreement shall be effective upon its execution by the Parties
hereto (the "Effective Date"), and shall remain in effect until terminated in accordance with
Section 3, subject to the annual rate increases set out in Section 5.
Section 3. Termination. Either Party may terminate this Agreement with or without cause
by providing the other Party with thirty (30) days' written notice of its intent to terminate.
Termination or expiration shall not alter Gig Harbor's payment obligations under Section 5 for
services already rendered, and shall not alter the Parties' respective obligations under Section 8 of
this Agreement.
Section 4. Obligations of Gip, Harbor. Gig Harbor agrees to:
A. Utilize the Facility in accordance with the Standard Operating Procedures (SOP),
which are attached hereto as Exhibit A and incorporated herein by this reference,
including any subsequent amendments thereto, and pay to the City in accordance with
this Agreement. Gig Harbor agrees to ensure that all Gig Harbor users of the Facility
will be versed in the SOP for decanting waste at this Facility. Failure to follow the
guidelines specified in the SOP, or any other negligent conduct by Gig Harbor, its
agents, employees, or officials while at the Facility, may result in termination of this
Agreement and any other remedies authorized hereunder.
Section 5. Obligations of the City. The City agrees to:
A. Operate and maintain the Facility consistent with applicable laws and regulations and
allow Gig Harbor to utilize the facility consistent with this Agreement.
Port Orchard / Gig Harbor Interlocal Agreement for Decant Facility Use
Page 2 of 4 April 13, 2021
Page 14 of 154
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Section 5. Pament Rate and Schedule. The Parties agree to the following billing and
payment schedule:
A. Rates: The Parties shall follow the rate schedule determined for Kitsap County Waste
Processing as adopted by County Resolution 174-2014, attached hereto as Exhibit B
and incorporated herein by this reference. Rates will be re-evaluated annually and
adjusted, as needed by City resolution, and notice of any increase will be provided to
Gig Harbor upon adoption and incorporated herein without need for further
amendment. Invoices shall be delivered to the Gig Harbor every other month.
B. Within thirty (30) days of receiving any invoice, the Gig Harbor shall submit payment
to the City for the invoiced amount.
Section 6. Administration; No Separate Entity Created. The City Public Works Director
shall serve as the administrator of this Agreement. No separate legal entity is formed by this
Agreement.
Section 7. Ownership and Disposition of Property. Each Party shall retain ownership of
all of its real and personal property used in connection with this Agreement. No new real or
personal property will be obtained for use in connection with this Agreement.
Section 8. Release, Indemnification and Hold Harmless Agreement. Each Party to this
Agreement shall be responsible for its own negligent and/or wrongful acts or omissions, and those
of its own agents, employees, representatives, contractors or subcontractors, to the fullest extent
required by the laws of the State of Washington. Each Party agrees to protect, indemnify and save
the other Party harmless from and against any and all such liability for injury or damage to the
other Party or the other Party's property, and also from and against all claims, demands and causes
of action of every kind and character arising directly or indirectly, or in any way incident to, in
connection with, or arising out of work performed under the terms hereof, caused by its own fault
or that of its agents, employees, representatives, contractors or subcontractors.
Each of the Parties specifically promises to indemnify the other Party against claims or
suits brought under Title 51 RCW by its own employees, contractors or subcontractors, and waives
any immunity that that Party may have under that title with respect to, but only to, the limited
extent necessary to indemnify the other Party.
Section 9. Governing Law and Venue. This Agreement shall be governed by the laws of
the State of Washington. Any action arising out of this Agreement shall be brought in Kitsap
County Superior Court.
Section 10. No Employment Relationship Created. The Parties agree that nothing in this
Agreement shall be construed to create an employment relationship between any Party and any
employee, agent, representative or contractor of any other Party.
Port Orchard / Gig Harbor Interlocal Agreement for Decant Facility Use
Page 3 of 4 April 13, 2021
Page 15 of 154
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Section 11. No Third Party Rights. This Agreement is intended for the sole and exclusive
benefit of the Parties hereto and no third party rights are created by this Agreement.
Section 12. Notices. Notices to the Parties shall be sent to the following addresses:
City of Port Orchard
Mark Dorsey, P.E.
Public Works Director/City Engineer
216 Prospect Street
Port Orchard, WA 98366
City of Gig Harbor Public Works
Jeff Langhelm, P.E.
Public Works Director
253-851-6170
3510 Grandview Street
Gig Harbor, WA 98335
Section 13. Duty to File Agreement with County Auditor. The City shall, after this
Agreement is executed by both Parties, file this Agreement with the Kitsap County Auditor.
Section 14. Inte agr tion. This document constitutes the entire embodiment of the
Agreement between the Parties and, unless modified in writing by an amendment to this Interlocal
Agreement signed by the Parties hereto, shall be implemented as described above.
Section 15. Non -Waiver. Waiver by any Party of any of the provisions contained within
this Agreement, including but not limited to any performance deadline, shall not be construed as a
waiver of any other provision.
CITY OF PORT ORCHARD GIG HARBOR PUBLIC WORKS
.By; By: A/2 2Cy7
ROBERT PUTAANSUU Date j&M.ANCHELm, P.E. Date
Mayor Public Works Director
ATTEST/AUTHENTICATED:
Brandy Rinearson, CMC, City Clerk
Approved as to form only:
Charlotte Archer, City Attorney
Port Orchard / Gig Harbor Interlocal Agreement for Decant Facility Use
Page 4 of 4 April 13, 2021
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Attachment A — Standard Operating Procedures
Port Orchard / Gig Harbor Interlocal Agreement for Decant Facility Use
April 13, 2021
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Q CHARD
Standard Operating Procedure for
Dumping at the City of Port Orchard
Regional Decant Facility
September,2015
Revised January 14, 2021
Please note that the City of Port Orchard's Standard Operating Procedures (SOPs) are adapted from published
methods or developed by in-house technical and administrative experts. Each SOP's primary purpose is for internal
use, though sampling and administrative SOPS may have a wider utility. The City's SOPs do not supplant any
official published methods. Distribution of these SOPs does not constitute an endorsement of any particular
procedure or method. Any reference to specific equipment, manufacturer, or supplies is for descriptive purposes
only and does not constitute an endorsement of a particularproduct or service by the SOP's author or by the City of
Port Orchard. Though the City of Port Orchard follows its SOP in most instances, there may be an instance in
which The City uses an alternative methodology, procedure, or process.
Standard Operating Procedure for the City of Port Orchard Decant Facility
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CHARD
Section 1. Applicabilitu
1.1 This SOP is intended for City of Port Orchard Public Works (Public Works) staff
operating or maintaining the City of Port Orchard (COPO) Regional Decant
Facility. This SOP also applies to any eductor truck operators working within an
inter -local agreement (ILA) or other contract held with the City allowing the use
of the COPO Regional Decant Facility and its utilities.
Section 2. .De nitions
2.1 Decant — the process of separating solids from liquid via settling and drawing off
the liquid without disturbing the sediments within the lower liquid layers.
Decanting procedures differ for stormwater and sewer. Refer to appropriate
sections (stormwater -vs- sewer decanting) for specific information relating to
methodology.
2.2 Eductor Truck — Any truck (Vactor, Vac -Con, etc.) equipped to vacuum and haul
street, storm and sewer effluent and sediments from municipal works.
2.3 Personal Protective Equipment (PPE) — Personal safety equipment designed to
protect staff from injury while performing job duties. PPE's include but are not
limited to: eye protection, ear protection, reflective clothing, work boots, gloves,
etc.
2.4 Port Orchard Municipal Code (POMC) — Laws and ordinances that are enacted by
the city council and enforced by the City of Port Orchard.
Standard Operating Procedure for the City of Port Orchard Decant Facility
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Section .g. SaLty
3.1 Personal safety
3.1.1 All operators and maintenance staff will follow appropriate safety
guidelines when decanting into the City's Regional Decant Facility. Failure
to comply with safety guidelines may result in exclusion from use of the
COPO Regional Decant Facility.
3.1.2 All operators and maintenance staff will wear appropriate PPE while
working within City property and observe all potential hazards and avoid
them. Please note any safety discrepancies and provide them to the City for
correction.
3.1.3 All operators and maintenance staff will possess and maintain proper
licensing relative to driving an eductor truck and will possess training
relative to the operation of the eductor truck.
3.2 Environmental Safety
3.2.1 All operators will follow procedural guidance outlined in sections 4, 5 and
6 of this SOP to minimize any potential environmental hazards and
appropriately contain any spills or leaked eductor truck effluent within the
COPO Regional Decant Facility. Failure to comply with sections 4, 5 and 6
may result in exclusion from use of the Regional Decant Facility and may
result in fines pursuant to Chapter 15.,,o of the POM C.
3.2.2 All operators are responsible for reporting any spills or leaked eductor
truck effluent to the City of Port Orchard Public Works Department as
soon as possible.
Standard Operating Procedure for the City of Port Orchard Decant Facility
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CHARD
Section 4. Use of the COPO Regional Decant FQcititry
4.1 Authorization
Currently the City of Port Orchard is allowing use of its decant facility via
inter -local agreement (ILA). Access will be granted when each ILA is
finalized and approved by council. A unique access code will be granted to
each entity for use of the facility. For non-COPO entities this access code is
tied to your billing. Current rates of use are $250.00 per dump as of 2021.
4.2 Conditions of Use
Any liquids or solids collected by authorized eductor trucks shall adhere to
the following conditions:
• Liquids and solids collected from cleaning sewer and stormwater
facilities must comply with conditions listed in their approved ILA.
• Suspect loads are allowed at the COPO Regional Decant Facility on
a case -by -case basis, pending approval from COPO and South
Kitsap Water Reclamation Facility (SKWRF). Suspect loads may
not be dumiped without specific approval. Depending upon
the nature of the load, disposal practices may vary, but will always
follow state and local regulation. Contact the City before dumping
suspect or "hot" loads at the COPO Decant Facility. City staff can be
reached at the following contacts:
o (36o) 876-4991 or;
o publicworks(d)citvofportorchard.us
• The operator and representative governmental agency are
ultimately responsible for ensuring the materials being disposed of
at the COPO Regional Decant Facility meet the conditions of use.
Any prohibited dumping or discharge to the COPO Regional Decant
Facility will result in corrective actions, revocation of ILA privileges,
or fines dependent on the nature of the infraction.
• The City of Port Orchard reserves the right to revoke privileges from
any user if deemed warranted.
• All users will abide by the procedures and rules listed in this SOP.
Failure to do so may result in revocation of privileges.
Standard Operating Procedure for the City of Port Orchard Decant Facility
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Section 5. Field Procedures
5.1 Operational Guidelines
Only liquids and solids collected from the cleaning or maintenance of City
of Port Orchard appurtenances is allowed at the COPO Regional Decant
Facility unless specified in an ILA or other legal contract.
5.2 Record Keeping
Every operator must keep a detailed log of each area where liquids and
solids have been collected. Each log must be maintained for a minimum of
one year and be available to City of Port Orchard staff. Each daily log shall
at a minimum include:
• Date
• Driver name
Equipment used
• Site/client name
• Street address
• Type of material collected:
o SFR — single family
o MFR — multiple family
o C — Commercial
o I — Industrial
5.3 Field Screening and Inspection
When cleaning infrastructure, please perform a visual inspection of the
catch basin, manhole or vault. Note any unusual or unpleasant odors or
visible contamination of liquids and solids present within the system being
cleaned. If potential contamination is identified, please add a detailed
comment to your records and notify the City immediately. Do NOT clean
the catch basin or infrastructure unless you plan to dispose of this load as a
suspect load following the specific suspect load guidelines. The City may
choose to follow-up on the operators' notes to identify and control the
source of any illicit pollution source or illegal dumping.
Standard Operating Procedure for the City of Port Orchard Decant Facility
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5.4 COPO Regional Decant Facility Access
The COPO Regional Decant Facility is located at 1272 Lloyd Parkway. The
system will be accessible during normal business hours unless closed for
scheduled maintenance.
5.5 Water Filling and Wash Rack Use
Water and wash rack use are billable and are available only when specified
by contract. Please consult your ILA for details on specific access rights.
Section 6. Stormwater Decanting/Dumving Procedures
6.1 Requirements
There must be at least ONE trained, qualified operator present when using
the COPO Regional Decant Facility. If any operator notices a deficiency in
the COPO Regional Decant Facility (plugged drain, damage to facility,
excessive solids accumulation, etc.) please contact the Public Works Office
(36o-876-4991) and a Public Works employee will respond to manage the
issue.
6.2 Liquid Decanting Procedures
1. Upon arrival at the decant facility back eductor truck into the
appropriate bay, depending upon the consistency of your load
(water/storm decant or sewer) and prep the truck for decanting.
2. Unroll the decanting hose and attach it to the drain coupler on the
back or side of the eductor truck storage tank.
3. Place the drain hose on the floor of the settling pad in a location
where you can monitor the water leaving the hose.
4. Open the gate valve on the drain coupler attached to the tank slowly
until decant water begins to flow from the hose.
5. Monitor the consistency of the water draining from the hose. If
significant quantities of solids begin to drain from the hose, close
the gate valve and prep the truck for solids dumping.
Standard Operating Procedure for the City of Port Orchard Decant Facility
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6.3 Solids Dumping on the Decanting Pad
1. Rinse out and roll up the decanting hose and clean any residue from
the drain coupler on the tank.
2. Reposition the eductor truck in the solids bay that has been
identified for dumping, backing the truck NO FARTHER back into
the bay than the "dump no solids past this point" sign located on the
bay walls.
3. If a bay is coned off do not dump there. If there is any question as
to which bay to dump solids, please call the City (36o-876-4991) for
verification.
4. Carefully unscrew the retaining turnbuckles on the gate for the tank.
5. Slowly release the gate dogs, opening them just enough to allow any
remaining liquids to drain from the tank. Wait until liquid recedes
before dumping solids.
6. Once the liquid stops draining from your load, fully open the gate
dogs and dump solids in designated solids area. Pull forward and
rinse the tank clean in front of the solids pile.
7. Make sure that your eductor truck is prepped for travel.
6.4 Solids Management (City staff only)
Allow the solids pile to settle and drain before transferring solids to the
dumpster. This should only be done by qualified COPO Public Works staff.
If the solids pile is too full for you to dump your load you may only be
allowed to decant the liquid from your tank following the decanting
procedures listed in section 6.2. Calling ahead of dumping should reduce
or eliminate this issue. Please contact the Public Works Office (36o-876-
4991) if the solids pile is full and a Public Works employee will respond to
manage the solids.
Section 7. Sewer DecantinglDumping Procedures
7.1 Requirements
There must be at least ONE trained, qualified operator present when using
the COPO Regional Sewer Decant Bay. If any operator notices a deficiency
in the COPO Regional Decant Facility (plugged drain, damage to facility,
excessive solids accumulation, etc.) please contact the Public Works Office
(36o-876-4991) and a Public Works employee will respond to manage the
issue.
7.2 Liquid Decanting Procedures
6. Upon arrival at the decant facility back eductor truck into the sewer
bay and prep the truck for decanting.
Standard Operating Procedure for the City of Port Orchard Decant Facility
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ORCHARD
7. Unroll the decanting hose and attach it to the drain coupler on the
back or side of the eductor truck storage tank.
8. Place the drain hose on the floor of the settling pad in a location
where you can monitor the water leaving the hose.
9. Open the gate valve on the drain coupler attached to the tank slowly
until decant water begins to flow from the hose.
lo. Monitor the consistency of the water draining from the hose. If
significant quantities of solids begin to drain from the hose, close
the gate valve and prep the truck for solids dumping.
7.3 Solids Dumping for sewer
8. Rinse out and roll up the decanting hose and clean any residue from
the drain coupler on the tank.
9. Reposition the eductor truck, backing the truck NO FARTHER back
into the bay than the "dump no solids past this point" sign located
on the bay walls.
lo. If the sewer bay is coned off do not dump there. If there is any
question as to which bay to dump solids, please call the City (36o-
876-4991) for verification.
11. Carefully unscrew the retaining turnbuckles on the gate for the tank.
12. Slowly release the gate dogs, opening them just enough to allow any
remaining liquids to drain from the tank. Wait until liquid recedes
before dumping solids.
13.Once the liquid stops draining from your load, fully open the gate
dogs and dump solids in designated solids area. Pull forward and
rinse the tank clean in front of the solids pile.
14. Make sure that your eductor truck is prepped for travel.
Standard Operating Procedure for the City of Port Orchard Decant Facility
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Section 8. Facility Maintenance and Filling Water
8.1 Solids Management (COPO STAFF ONLY)
Allow the solids piles in each solids bay to settle and drain before
transferring solids to the dumpster. This should only be done by qualified
COPO Public Works staff. If the solids pile is too full for you to dump your
load you may only be allowed to decant the liquid from your tank following
the decanting procedures listed in section 6.2. Calling ahead of dumping
should reduce or eliminate this issue. Please contact the Public Works
Office (36o-876-4991) if the solids pile is full and a Public Works employee
evil I respond to manage the solids.
8.2 Facility Maintenance (COPO STAFF ONLY)
COPO staff ONLY will operate weir systems in each bay, cone off full bays
still draining, clean bays and filtration systems and service any functional
components of the decant facility. Non-CnPQ staff are only permitted
to dump permitted wastes and clean their vehicles.
8.3 Filling Water Usage
Water usage for filling eductor truck water tanks is metered at the decant
facility and is available for purchase at the water kiosk. The facility also
offers a stormwater recycle option, utilizing rainwater that has been
collected in a cistern behind the building for rinsing and refilling tanks.
This system operates when rainwater is available only. If there is no
rainwater to use the system switches to municipal water automatically. A
separate agreement is required if you wish to utilize the kiosk for water.
Standard Operating Procedure for the City of Port Orchard Decant Facility
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Location of the COPO
ional Decant Facility (1272 Lloyd
i,n r� • ,
r.
Standard Operating Procedure for the City of Port Orchard Decant Facility
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Attachment B.
RE$01-OTPGN NO n ••2014
Resoluliun Adopting New Disposal Fees for the Kitsap County Maintenance Waste
Processing Facility
WHEREAS, Kl%ap Ccunty Code Chapter 9.14 established disposal fees for the
K,1sap L:ojnty Mairr!enance Waste Processing Facility through Ordnance 201)-2003;
WHEREAS, Kitsap County Ordinance 299-2003 has boon amonded allowing
rates to be established try Re80ILticn and modified through file iesululiu:i prcxjeus as
may be requiroa from lime to time consir.ten' with Other County fees;
NOW THHREFORE. BE IT RESOLVED by the Khoap County Board of County
0ornmlasloners that Me Disposal yeas for the d1aposal of waste generated by
incorporated areas at tF..e Kilsoo County Maintenance Waste Processing Faclity shaJI
Ge:
Small Loads -- 5DO nallom or_IMs
Liquid Waste Only $130.00
Liquid and Soho Waste 5150.DO
Medium Loads— 500 tp 100ad0lis
Liquid Vieste Only W 515C.00
Liquid and Solid Waste $200.00
Liar r 1000 Gallons
Liquid Ms's Orly $2D0.00
LkTuld and 8DIM Waste $250.00
Port Orchard / Gig Harbor Interlocal Agreement for Decant Facility Use
April 13, 2021
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City of Port Orchard: City Council Retreat
April 23, 2021 1 8:30 a.m. —1:00 p.m.
City Hall
216 Prospect Street, Port Orchard, WA
Draft v.5-1-21
Welcome
The Mayor Putaansuu welcomed councilmembers to the 2021 Port Orchard Council Retreat. The mayor
introduced Joy Juelson with Triangle Associates as the facilitator. The facilitator gave an overview of the
retreat agenda and purpose. See Attachment A for a list of councilmembers in attendance.
Presentation on Existing and Potential Projects
Mayor Putaansuu gave the council a presentation on existing and potential projects. The purpose was
to ensure the council has a high-level understanding of all the projects and human resource constraints
the city is managing. The mayor provided information on funding challenges for current projects and
reviewed potential projects. See Attachment B for the Capital Projects Presentation, Attachment C for
Community Center Funding Amounts, Attachment C includes a list of project updates notes aligned with
the presentation.
City Council's Guiding Principles Update
The council reviewed the current four guiding principles which council members developed in 2019 to
guide decision making and priority setting.
Current City Council Guiding Principles:
1. Are we raising the bar?
2. Are we honoring the past, but not living in the past?
3. Are we building connections with outside partners?
4. Will this project (or action) make us proud?
The council agreed that an equity statement should be added to the City Council's Guiding Principles.
Council members generated ideas and identified a new guiding principle intended to be inclusive of
diversity, equity, and inclusion. The council decided on the following new Principle, "The decision -
making process should positively impact diversity, equity, and inclusion." The council also made the
decision to remove the principle "Will this project make us proud" because this principle can be viewed
as more subjective.
Decision: City Council decided to remove a Guiding Principle "Will this project (or action) make us
proud?" and add a new Guiding Principle
Updated City Council Guiding Principles:
1. Are we raising the bar?
2. Are we honoring the past, but not living in the past?
3. Are we building connections with outside partners?
4. New: Is the decision -making process positively impacting diversity, equity, and
inclusion?
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City Council Policy and Long -Team Goals Discussion
Council members engaged in a high-level discussion on policy items that were previously identified by
councilmembers. Triangle facilitated a discussion and identified items for further discussion at future
council meetings.
Policy items for further discussion and future:
Transportation Benefit District (TBD):
o Council discussed the idea of a ballot measure to add a .02% sales tax to go towards
road improvements. This would replace the $20.00 car tab. This may increase funds
generated from tourism and from traffic coming from outside the city.
Street Preservation and Maintenance:
o Council identified the need for prioritization and sequencing of street maintenance
projects.
American Rescue Act Federal Funds
o Council discussed use of federal funds. The city will receive $3.2M over the next two
years from the Federal "American Rescue Plan". Of these funds, $1.6M will be received
this spring 2021 and the remainder the following year 2022.
o Funds need to be spent over the next two fiscal years.
o Funds cannot be utilized for roads and can be utilized for sewer and water projects
o Funds must be spent in a two-year period.
o City has low staffing capacity to manage and implement additional projects and this
funding source cannot be used for city staffing.
Future Growth in the City of Port Orchard
o The Council discussed the need to understand future growth and to look at growth
and development holistically. Members noted that growth is increasing and it is
important that new growth or development is paired with the need to in turn fund
the corresponding need for infrastructure, such as roads, water, and sewer.
o Once capital projects are implemented, ongoing funding is needed to maintain the
infrastructure. The urban growth area and affordable housing should also be
discussed.
Prioritizing the Needs of Existing Neighborhoods
o The Council discussed the need for future conversation about preserving and
prioritizing current neighborhoods. This includes maintaining the maintenance
standards of parks, roads, sidewalks, sewers, trees, and bike lanes. Members
discussed potential funding sources which including Federal grant programs.
o This topic tied into the topic of preserving historic homes. Some members noted
that individual homeowners must petition to have their home designated as a
historic home. This may come at the expense of restoration and can be expensive.
o Some members highlighted that new development may impact historic homes and
the historic nature of Port Orchard. A councilmember recommended that the group
focus their future conversation on the value of neighborhoods.
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Transitory Accommodations
o Context - Kitsap County and Bremerton have zoning for transitory housing, such as
tiny homes. A council member asked: how does the council feel about something
similar being allowed on private property in residential or other zoned areas?
o The council decided to discuss pros and cons with county staff and continue to
address the topic at future meetings.
Policy Item - further discussion is not required:
Hazard Pay for Grocery workers:
o A big box store employee requested that the Council write a letter encouraging the
business to consider hazard pay during the COVID-19 . The council decided they are
not in favor taking the requested action as it is outside of their scope of function.
Council Project Prioritization of Carry of Funds
Council engaged in a discussion about project funds beyond the current budget process. Mayor
Putaansuu requested prioritization of additional potential projects with up to $3M as well as any
additional carry over funds that must be spent by 2022. The council developed a prioritized list of long-
term funding priority goals.
Project prioritization Discussion and Decisions
Decisions: The following are funding priority decisions
Prioritization •f Carry-over
Funds
Project
Description Amount
Sidney South
Funding for property purchase for a stormwater facility in
the Sidney South area
$1M
Street Paving
Additional funding for street preservation and maintenance
I $1M
Emergent Needs
Emergent needs related to existing capital projects. Council
$1M
identified portions of the Community Center Project that
should be categorized as one of the existing capital projects
with emergent needs, specifically the unfunded portions of
the project that include roads, parking, sea level rise, and
design.
Additionalpriorities
-Purchasing land for municipal purposes
-An integrated music system for the clock tower must be part of the City Hall
Notes:
Any future borrowings related to existing capital projects must involve detailed cashflow
analysis.
• Road designs were identified as having a dedicated funding source.
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Review of the Port Orchard Organizational Assessment
The Mayor Putaansuu gave a presentation that summarized and highlighted key findings of the
Organizational Assessment. Mayor led a discussion regarding the findings in the assessment and
discussed staffing priorities that may be recommended to the council at future meetings. See
Presentation in Attachment D.
Retreat Wrap Up
Mayor Putaansuu and facilitator summarized what was accomplished at the retreat.
Progress included:
• New Guiding Principle
• Future Policy discussions
• Project prioritization of carry over funds.
• Better understanding of the Organizational Assessment and staffing need.
Mayor Putaansuu thanked the Council for an informative and productive retreat. There were no public
comments.
The meeting adjourned at 1:00 PM
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Attachment A: Participants
Councilmembers in Attendance
• Councilmember Shawn Cucciardi
• Councilmember Bek Ashby
• Councilmember Scott Diener
• Councilmember John Clauson
• Councilmember Cindy Lucarelli
• Councilmember Fred Chang
• Mayor Rob Putaansuu
Directors and Staff in Attendance (Virtually)
• Director Noah Crocker
• Additional staff support Jenine Floyd
Facilitator
• Joy Juelson, Triangle Associates
Attachment B Capital Projects Presentation
Attachment C Capital Projects Information (can remove)
Center Funding Amounts
Estimated Project Cost
$20,000,000
Public Facilities District Award (PFD)
$12,000,000
Construction Funding Need
$8,000,000
Land Value (Appraisal)
$3,900,000
Current Offer
$2,000,000
PFD Real Estate Funds
$1,000,000
State Capital Budget Request
$1,000,000
Federal Appropriation Request
$1,000,000
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Attachment C-City Projects (Capital Projects Presentation Notes)
Comprehensive Planning:
Water System Comprehensive Plan-
• Submit to Dept of Health by Nov. 1511
• March 23 -KIA Contract
o Future Date -Presentation for full council
o Water Rates and CFC
o Discounts, rates, alternative structures
Storm Drainage Comprehensive Plan
• Downtown Basin underway & uplands study
• Storm Comp Plan
o Identify Regional Storm Facilities— in-house
■ Sidney Avenue South (Flowers Meadows)
• Ian -in-house design— target completion 4.30.21
o Potential grant cycle to begin early 2021
• Currently in comp plan
• Finance evaluates $1 million borrow for purchase
• Pursuing letter of commitment for Purchase & Sale
■ Pursuing grant opportunities for regional storm water projects
Parks, Facilities and Master Planning
• McCormick Splash Pad
o Budgeted @ $115,000 for 2021 from Park Impact Fee's
o Issue addendum to revise to $250k estimate construction cost
o Out To bid in April for Construction
o City of Bremerton and City of Port Orchard coordinate easements
o Committed to complete by 4.30.2021 targeting August 2021
• Parks Plan
o Plan to be complete by end of Q2 2021
• Park Survey
o Ryan -Communication is conducting a survey on behalf of Mayor to inform council
regarding community opinions on parks and trails.
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• 640 Bay Street/ Master Planned Project
o Still underdevelopment
o Purchase & Sale Expires March 2022
Community Center
• Part of 640 Bay Street and Parks Plan Discussion
• Negotiate a Purchase and Sale Agreement with Kitsap Bank
• Until P&A is resolve -Do not go forward with the additional street design $120k
• RFM- Design 60%
Sewer Comprehensive Plan
• Scheduled to be updated in 2022 (including rates)
Facilities/Buildings Comprehensive Plan Update
• Target work to begin in 2021 (2021-2022 budget)
• Comprehensive Plans Updates have a Jan application deadline
o Mid -year review
o Plan could start 06.30.2022
o Plan needs to be complete by 6.30.2024
o To be included in 2024 Comp Plan
• City Hall Design/Shell core
o Clocktower, HVAC, Windows, Siding/Brick, Roof
0 100% Design Contract Approval on March 23
o Ad Ready by start of Q4 2021
o Total est. cost — $8.5 million
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Miscellaneous Planning
Shoreline Master Plan
• Anticipated to become effective by June 30,2021
Downtown Sub -Area
• Draft EIS is anticipated to be completed in May 2021
• Once EIS is complete City can apply for the reimbursement of $50,000 grant— Dept. of
Commerce
o Received $25k
• Study anticipated to be completed by June 30, 2021
Water Capital/Projects:
• Need to Re-evaluate the Water credit in code
o Code has language for only proportionate share of credit
■ May not be a very good financial incentive for developers
• McCormick has requested to start a water negotiation
Well 13 Part 1 is closing out.
• City Received $5.514 million of $6 million loan
Well 13- Part 2 — will cover Final design, mitigation, and construction to complete this
treatment, pumping and PRV's
• Pressure Reducing Valves (PRV)
o Evaluating 260 and 390 (12 inch from Melcher station)
• Need to review Budget, Budget shortfall, and loan funding
Well #11
• Well is drilled, need and engineer to design bid species for Ad -ready
• Selected Murray Smith
o Contract will be phased into 30% design-$95K
o Estimated to be completed (30% design) by Q2 2021
• Ad -Ready to get a full engineer estimate by Q4 2021
• Targeting DWSRF Pre Construction Loan for $500,000
• 2022 Construction Target
• Targeting DWSRF Loan (Funding)
• Federal Award of $3.2M ?
• Target 12.31.2024 to get Well #11 online unless written and extended with
Bremerton
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• PW is applying for $500k pre -construction loan
Well #12
• McCormick Communities pilot hole is done at (1500 feet)
• McCormick Contracted with Robinson Noble
o Well #12 has less of an impact on surrounding streams than Well #11
• Needs to get water rights but cannot guarantee until Foster is complete
• Next Steps....
o City and Developer need to negotiate next steps.
o Starting discussions
Foster Pilot Program
• Model analysis completed and a stakeholder meeting is scheduled for 4.13.21 for to
discuss
• City of Port Orchard needs to work with Bremerton and WSUD for mutual stream
augmentation benefits (SalmonBerry, Long Lake)
• The new information from drilling the deep wells in South Kitsap we learned the
hydraulic models are wrong —the drilling of well#12 and #13 disproved the model.
• DOE submittal to the joint legislative task force in early 2021
• DOE issued a position paper on the Foster Decision and the work involved, trying to
open the municipal water law
• Estimated to be done with RN & Pors by the end of 2021
• Estimated Completion date before JB retirement
South Shed Water Reservoir
• Decommissioning
• Looking at highest bidder for removal (reverse auction)
• Trying to get complete in August 2021
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390-580 Sidney to Sedgwick Zone
• Booster stations will be required for future development
o DR Horton is evaluating and designing one booster station
o Second booster to be determined who completes (McCormick Land Trust or
McCormick Communities)
• Glenmora is requesting sewer from the city but water from WSUD
o City would prefer to provide both
o Additionally, in the future anew Reservoir maybe needed
Sewer Capital/Projects:
Marina Pump Station
• Under Design 30-% Done
• Estimated cost for project is $13 million
o Including Design, Construction and Construction Administration
o Currently have $4.1 million in loans
o We have requested $9 million additional
• At 80% internal design review should be conducted
• 100% design by the end of September 2021
• RH2 needs to coordinate with Rice Fergus Miller on building design
• Construction advertising TBD
MW Pump Station #1— Construction Report
• Water intrusion issue is still an issue —Maintenance Bond to be provided
o Completing design for the retrofit
o Installing a surge tank
o Moving the force main
o New performance bond
• City will need to update our Capital Assets (Assets donated in 2021)
MW Pump Station #2 — Construction Report
• Closeout by end of Q2
• Working on punch list items
• Working on water and leaking issue (warranty issues)
10
Page 38 of 154
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1Oh4
ORCHARD
Stormwater Capital/Projects:
• No Update, No Projects Budgeted
• Annapolis Creek Design- Currently at 30% Design
o Applied for Local Integrating Organization (LIO) grant to complete to 100%
design—
• Applied for Ruby Creek (Sidney Culvert)
Culvert on SR16
• WSDOT installing and need coordination with PW,DCD
• WSDOT is moving the stream closer to Grey Chevrolet
• Not going to be in current Culvert location
Facilities Capital/Projects:
Security Improvements
• Working on installing smart locks in our essential facilities in remote locations (water,
sewer, police department)
• Waiting on supplies and materials
Transportation Capital/Projects:
Tremont Closeout
• Performance Bond $12.7 million is being held until complete
• Waiting on WSDOT closeout
• Waiting on the Reimbursement from TIB and letters of closeout from TIB, WSDOT
ADA Transition Plan
• Chris and Ian develop a tracking system and annual report demonstrating the City is
progressing in it's ADA plan —Maybe report out to council Q3 2021
• Darren to put information into table-Q2
Impact Fee's
• School District Impact Fee
11
Page 39 of 154
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�Ofit
ORCHARD
Bethel Corridor Phase 1-Design
• Project will be paused and funds re -allocated to the Bethel -Phase 5
• Transportation Committee may re -consider Bethel Phase 1 design project timing
Bethel Corridor Phase 5 -Bethel-Lincoln Round About
• Skilling is under contract for design
• Public outreach regarding alternative to occur
• Project to be funded from $1.5 federal grant for construction
• Project Local portion to be provided from $1.3 TIF
• Discussion on whether additional staff should bill time to project accounts
o DCD, PW, Finance
Paving Design Work
• Staff working on Design fall 2021
o Lippert (Pottery to Sidney) Postponed to 2022
o Sidney Road SW (Sedgewick to City limits)
o Looking to advertise in late 2021 & perform work in 2022
• Sidney -Sewer Avenue Main Construction
o Cost estimate —$300k
o Projects includes complete Street repairs
o Construction in April 2021
Anderson Hill Roundabout
• Federal Grant Application Submitted
• TIB —Grant Application of 2021 UAP (AUG. 2021)
O IN IS SUBMITTING — $525 OF LOCAL MATCH (BAYSIDE & TIF)
Bay Street Path- West Situational Study (Federal grant)
• $570K Award Approved — Match $76K — Funding in 2022
• Needs to be coordinated with the South Kitsap Community Events Center
Bay Street Path — ROW
• Continuing ROW acquisitions
• ROW consultant cost has increased.
McCormick Woods Drive Round About -ROW
• Public Works to procure a ROW agent
• McCormick is working on design anticipated to be complete by June 2021
12
Page 40 of 154
1284
ORCHARD
Lippert
• Need to apply for CDBG Grant — Application due in July
• Rob, Mark and Chris, to work on project
Miscellaneous Capital/Projects:
ERR (2021-2022 Budget)
• Propane or Electric PW Trucks — Research for future purchases
• Electric Parking Enforcement Vehicle
o License Plate Reading Equipment
Capital Assets
• Work on communication and process improvement between PW, Clerks and Finance
Sewer & Water Utility Tax
• WSUD and Bremerton Customers area
Bay Street WSDOT Round about Project
• Communications related to street closure and business impacts.
13
Page 41 of 154
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1Oh4
ORCHARD
Attachment D Organizational Assessment Summary Presentation (Placeholder)
14
Page 42 of 154
ORCHARD
Organizational Assessment Study
Back to Agenda
45?Q
40, O00
5FO
30fO
251000
010
15,O
10,0
5?000
0
14*770
Inp,IL o 0
AN
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. qO k� .
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O
Page 44 of 154
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Employee Comparisons
400
350
300
250
200
150
100
50 so
0
xP
.► N:� A c o
oo #moo
o�tm
d 6:11
t�
■ FT Employees ■ PT Employees
IW 7
Page 45 of 154
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2017 vs. 2020 Approximate Employees Per Capita
r`�� tih��rai�
4a� O� fi���o �aoj• �aJ c.°tom
CO 0 a
�4
■ 2017 ■ 2020
Page 46 of 154
Items Acted on
HR Coordinator promoted toe HR Manager
HR re -assigned to the Administrative Department
Funded items we're working on
• Building Official
• Public Works Engineering
• IT Specialist
• Create Permit Tech Position
New position in process
New position in process
New Position in process
Position Approved
Future Positions in Report-3o FTE's
• Department of Public Services -Planning and PW Engineering
• City Manager/Administrator- Population of 18k-2ok
• Create a Parks & Recreation Department
• Assistant for the Directors
• Detail Oriented position to implement Laserfiche
• Interns
• Assistant Planner- Intern has been hired
• Additional HR employee- Hire part-time HR assistant
• Court Security
Page 49 of 154
ORCHARD
Back to Agenda
Capital Proje
Council
Retre
04*23920
Note: This is not a financially constrained plan. This is intended to illustrate the project estimates and potential funding sources.
Page 50 of 154
City Hall Improvements -$8.5 million:
Project is currently in Design Phase (30%-100%) for improving the building exterior including roofing, siding, windows and HVAC system.
Categow, m tart Completion Cos
Design (100%) 03.23.2021 09.01.2021 $395,000
Construction 01.01.2022 02.28.2023 $8,000,000
Total $8,500,000
General Fund (73%)
Water Operating Fund (10%)
Sewer Operating Fund (10%)
$365,000-$440,000
$50,000-$60,000
$50, 000-$60, 000
Back to Agenda
F,
Storm Operating Fund (7%) $35,000-$42,000 Page 51 of 154
Bethel tt Lincoln Round About TIP 2.04 - $2.8 million:
Project is in Design Phase (30%) and is to acquire necessary right of way, design and construct a safety improvement round about at the
Bethel and Lincoln street intersection.
Design (30%) 2.01.2021 09.01.2021 $462,000
ROW 09.01.2021 $135,000
Construction 01.01.2022 12.31.2023 $2,203,000
Total
$ 2, 800, 000
Back to Agenda
�J
Bay Street Pedestrian Pathway- $7.825 million:
Project is completing the ROW Phase to acquire and then complete the construction of the Bay Street Pedestrian Pathway (Segment 1,6-11)
ROW -Consulting Services 09.01.2021 $825,000
ROW -Purchase 09.01.2021 Est. $2,000,000
Construction 01.01.2022 12.31.2023 Est. $5,000,000
Total $7,825,000
Relies
on
future
REET
Funding
Back to Agenda
L .1
Page 53 of 154
to Agenda
Well 11 - $8.0 million:
Project is in Design Phase (30%-100%) and is to design and construct well 11 to increase water supply from 750 to 1250 GPM.
Category Start
Design (100%) 12.01.2020
Testing/CACM (100%)
Construction 01.01.2022
Total
12.31.2023
12.31.2023
$720, 000
$280,000
$7 million
$8,00,000
WA DWSRF-Pre $50Air
Debt No No - Not approved yet
Construction
WA DWSRF- Construction $5Debt No M;;N;o;t;a;p;p;r;o;v ;e d ye
Water Operating Fund (75%)
$308,000/yr
Page 54 of 154
Water Capital Facility Charges (CFC) (25%) $103,000/yr
Well 13 Part 1-Actual Cost $6.194 million:
Project is currently be closed down. This project completed design and construction of logging/site prep, drill Well It Casing,
and Maple Street waterline improvements. Part 2 will complete the full project (treatment, pumping, and PRV's).
= V
Land Purchase
Design (100%)
Construction
Total
Water Operating Fund (25%)'= '1�$89,500/yr
Water Capital Facility Charges (CFC) (75%) $268,500/yr
d
Page 55 of 154
am,
$315,000
$1,610,000
$4,269,000
$6,194,000
7
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Well 13 Part 2- Actual Cost $5.0 million:
Project is currently awaiting water rights resolution from the Foster decision. Part 2
will complete the full project including treatment, pumping and PRV s. Once
complete Well #13 will provide additional water supply of 2000 GPM to the City.
Design/CACM (100%)
Construction
Total
44
TBD
Water Operating Fund (25%) W ' $81,250/yr
Water Capital Facility Charges (CFC) (75%) $243,750/yr
Completion C
TBD 111 111
$ 5, 000, 000
Back to Agenda
Page 56 of 154
Marina Pump Station - $13 million:
This project is in the 80% Design Phase and will replace the City's central sewer infrastructure pump station on the water front as well
as add additional overflow storage and meet safety requirements. This is a critical project as the focal point of the sewer
infrastructure connecting pipes to the treatment facility. This project is being designed in coordination with other waterfront
redevelopment projects.
Completion
Design/CACM (100%) 09.01.2021 TBD $1,300,000
Construction 01.01.2022 12.31.2023 $11,700,000
Total $13,000,000
Rewer Operating Fund (5 $425,000/yr
Sewer Capital Facility Charges (CFC) (50%) $425,000/yr
Page 57 of 154
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Summary
Future Debt Service Obligations-(2024-2044)
General Fund
Water Operating Fund (Rate Revenue)
Water Capital Fund (Capital Facility Charge)
Sewer Operating Fund (Rate Revenue)
Sewer Capital Fund (Capital Facility Charge)
Storm Operating Fund
$440, 000
$539,000
$615,000
$485, 000
$425,000
$421000
$440,000
$1054, 000
$910,000
$42,000
T
Back to Agenda
Page 58 of 154 ,
I
Questions
Go
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Page 59 of 154
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City of Port Orchard
Council Meeting Minutes
Regular Meeting of April 27, 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
Present via Remote Access
Present via Remote Access
Present via Remote Access
Present via Remote Access
Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond,
Public Works Director Dorsey, Utilities Manger J. Brown, Police Chief M. Brown, City Attorney Archer
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 Clauson, seconded by Councilmember Lucarelli, to approve the agenda
as published.
The motion carried.
3. CITIZENS COMMENTS
There were no citizen comments.
Page 60 of 154
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Minutes of April 27, 2021
Page 2 of 5
4. CONSENT AGENDA
A. Approval of Voucher Nos. 81898 through 81970 including bank drafts in the amount of
$311,558.23 and EFT's in the amount of $69,963.46 totaling $381,521.69.
B. Approval of Payroll Check Nos. 81894 through 81897 including bank drafts and EFT's in the
amount of $153,291.52, and Direct Deposits in the amount of $185,350.24 totaling $ 338,641.76.
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.) (Contract No. 055-21)
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to approve the consent
agenda.
The motion carried.
S. PRESENTATION
A. Water CIP Presentation
Public Works Director Dorsey, Utilities Manager Brown, and Finance Director Crocker provided a
presentation on the Water System Capital Improvement Program [CIP] 2020-2030 which included
water system planning requirements, City of Port Orchard and McCormick Woods water systems,
sources, storage, transmission and distribution, system upgrades, infrastructure replacements, total
estimated water CIP cost and total water CIP cost, water system CFC, and water system CFC
methodology.
Discussion was held regarding the different cost methods, costs allocated to growth, growth paying
for growth, equitable distribution, capital projects, connection charges, charging current customers
and future customers, construction costs, growth in McCormick Woods area, permitting potential,
development paying for development, and the alternatives: A) Average cost per ERU, B) Allocated
Growth cost per ERU based on Water System Plan, and C) Allocated growth cost per ERU-Permitting
Potential DCD.
Councilmember Ashby left the meeting at 7:16 p.m.
Councilmembers Clauson, Rosapepe, Chang, and Diener voiced support for Alternative B.
Councilmember Cucciardi would like more information.
6. PUBLIC HEARING
A. Surplus of Proprietary Funds (Water, Sewer and Storm Drainage) Utility Equipment
Mayor Putaansuu opened the public hearing, and there being no testimony, closed the public hearing
at 7:48 p.m.
Page 61 of 154
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Minutes of April 27, 2021
PaRe3of5
7. BUSINESS ITEMS
A. Adoption of a Resolution Granting Final Plat Approval for Amherst Final Plat (McCormick Parcel
A)
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt a resolution,
as presented, granting final plat approval for Plat of Amherst.
The motion carried.
(Resolution No. 034-21)
B. Adoption of a Resolution Declaring Certain Equipment as Surplus and Authorizing its Disposition
MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt a resolution
declaring certain equipment surplus and authorizing its disposition.
The motion carried.
(Resolution No. 035-21)
C. Adoption of a Resolution Approving a Contract with PBS Engineering and Environmental, Inc.
for Safety Training and Safety Manual Development
MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, 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,
and documenting the Professional Services procurement procedures.
The motion carried.
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
MOTION: By Councilmember Lucarelli, seconded by Councilmember Cucciardi, 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, for a total amended contract amount of $30,000.
The motion carried.
E. Adoption of a Resolution Authorizing the Surplus of City Equipment
MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to approve a
Resolution declaring certain equipment surplus and authorizing its disposition.
Page 62 of 154
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Minutes of April 27, 2021
Page 4 of 5
The motion carried.
(Resolution No. 036-21)
F. Approval of the 2021 Comprehensive Plan Amendments Docket
MOTION: By Councilmember Chang, seconded by Councilmember Lucarelli, to approve the 2021
Comprehensive Plan amendments docket pursuant to POMC 20.04.060, as presented.
The motion carried.
G. Approval of the April 13, 2021, City Council Meeting Minutes
MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to approve the minutes
of the regular meeting of April 1311 as presented.
The motion passed. Councilmembers Diener and Rosapepe abstained.
8. DISCUSSION ITEMS (No Action to be Taken)
There were no discussion items.
9. REPORTS OF COUNCIL COMMITTEES
Councilmember Cucciardi reported the Economic Development and Tourism Committee is schedule
to meet May 10tn
Mayor Putaansuu reported the Utilities Committee is scheduled to meet May 18tn. The Land Use
Committee is scheduled to meet May 5tn. The Finance Committee is scheduled to meet May 18tn. He
reported on the April 27tn Transportation Committee meeting. The Sewer Advisory Committee is
scheduled to meet May 19tn
Councilmember Lucarelli reported on the April 19tn Festival of Chimes and Lights Committee. The
next meeting is scheduled for June 215t
10. REPORT OF DEPARTMENT HEADS
Police Chief Brown reported the police virtual town hall meeting is scheduled for April 29tn, new
police recruit and the police Strategic Plan, and the department's accreditation is about 97%
complete.
Community Development Director Bond reported on the posted building official position and the
Buildable Lands Land Capacity Analysis.
Page 63 of 154
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Minutes of April 27, 2021
Page 5 of 5
11. REPORT OF MAYOR
The Mayor reported on the following:
• City Hall repairs;
• Update on the Community Center project;
• Street preservation, maintenance and staffing;
• Project of the Year Award for the Tremont Project;
• In accordance with Ordinance 008-20 'Delegating Authority to the Mayor for Creating and
Modification of Job Descriptions', he said the job description for the Building Official is now
posted online;
• Housing Kitsap and 1406 funds;
• Council retreat highlights; and
• Small Cities representation.
12. CITIZEN COMMENTS
There were no citizen comments.
13. EXECUTIVE SESSION
There was no executive session.
GOOD OF THE ORDER
There was no good of the order.
14. ADJOURNMENT
The meeting adjourned at 8:31 p.m. No other action was taken. Audio/Visual was successful.
Jenine Floyd, CIVIC, Deputy City Clerk Robert Putaansuu, Mayor
Page 64 of 154
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Public Hearing 6A
Adoption of an Ordinance Adopting the
Meeting Date:
Prepared by:
2021 Water System Capital Improvement
Plan (CIP) Atty Routing No.:
Atty Review Date
Back to Agenda
May 11, 2021
Mark Dorsey, P.E.
Public Works Director
366922.0013 — Water
May 6, 2021
Summary: As a function of the Water System Plan (WSP) Update, currently anticipated to be approved
by the Washington State Department of Health (DOH) this Fall, the City's Public Works Department has
updated the Water System Capital Improvement Plan (CIP). Due to unforeseen COVIDI9-related delays
in the DOH approval of the WSP Update, coupled with the City's need to timely update its CIP so as to
update its Capital Facilities Charges (CFCs) to reflect current needs and costs, the Public Works
Department is seeking early adoption of the Water System CIP as a standalone action item. This is a
necessary precursor to the proposed amendment of the Water System Capital Facility Charge (CFC) to
proceed. Please recall that at the April 27, 2021 Regular City Council Meeting, Staff presented the Water
System Capital Improvement Program 2020-2030, which included 1) the updated Water System Capital
Improvement Plan (CIP) and 2) methodology alternatives for an update to the City's Water System
Capital Facility Charge (CFC). The purpose of the presentation was to 1) determine whether the current
Water System CFC's are equitable and adequate to fund both the needed Water CIP's and to maintain
the current water system and 2) to explore alternative CFC methodologies.
Relationship to Comprehensive Plan: Chapter 7 — Utilities (Sewer).
Recommendation: Staff recommends opening and holding the Public Hearing on Ordinance No. 022-21.
Alternatives: Do not hold Public Hearing.
Attachments: Ordinance No. 022-21 w/ Exhibit A (Water System Capital Improvement Plan).
Page 65 of 154
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ORDINANCE NO. 022-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
THE UPDATED 2021 WATER CAPITAL IMPROVEMENT PLAN; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, consistent with the City's Comprehensive Plan and development regulations, the
City Council updated its Water System Plan in 2009; and
WHEREAS, at the direction of the City Council, the City conducted a comprehensive review
of the Water System Plan, including new system modeling, and has identified necessary updates its
existing Water System Plan due to increased development that likely necessitates the construction of
new infrastructure; and
WHEREAS, the City desires to adopt a new Water System Plan to reflect these updates, and
has submitted that plan for approval to the Washington State Department of Health for approval; and
WHEREAS, due to the COVID-19 public health emergency, DOH has estimated a lengthy delay
for review and approval of proposed Water System Plans, while the City has an emergent need to
adopt an updated Capital Improvement Plan — a component of the Water System Plan —so as to
timely update the City's Water Capital Facilities Charges to accurate reflect need and costs; and
WHEREAS, upon approval from DOH, the City commits to the adoption of the Water System
Plan, inclusive of the CIP, in a final action on the Water System Plan; and
WHEREAS, a State Environmental Policy Act Checklist for the proposed CIP herein was
prepared by City staff and on October 26, 2020, the City's SEPA Official issued a Determination of Non -
Significance (DNS); and
WHEREAS, a duly noticed Public Hearing before the City Council on the proposed amendments
was held on May 11, 2021; and
WHEREAS, the City Council finds that the Capital Improvement Plan attached hereto as Exhibit
A and incorporated herein by this reference serves the public health, safety, and general welfare of
the citizens of Port Orchard; and
WHEREAS, the City Council also finds that the Capital Improvement Plan is consistent with the
goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter
36.70A RCW; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Page 66 of 154
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Ordinance No.022-21
Page 2 of 2
SECTION 1. The City's 2021 Water Capital Improvement Plan is hereby adopted asset forth
in Exhibit A hereto and incorporated herein by this reference.
SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 3. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 11t" day of May 2021.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlene A. Archer, City Attorney Cindy Lucarelli, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 67 of 154
Water CIP
Back to Agenda
City of Port Orchard
EXHIBIT A 2020-2030 Water System Capital Improvement Plan
CIP No.
Project Name
Cost Estimate
Percent CFC
CFC Portion $
1
580 Zone Storage
CIP No. 2 Combined
$2,850,000
100%
75%
$2,850,000
2
$8,766,852
$6,575,139
2A
Well 13 Development & Treatment
n/a
n/a
2B
Maple Ave Improvements and Water Main Replacement
2C
390 to 260 Rezone PRVs (4 each)
n/a
3
Well 11 Development, Treatment, and Booster Pump Station
$8,000,000
25%
$2,000,000
4
580 Zone Transmission & Distribution Main
$1,235,000
100%
$1,235,000
5
390 Zone Storage
$3,000,000
100%
$3,000,000
6
Telemetry Upgrades
$100,000
25%
$25,000
7
390 to 580 Zone Booster Station (Old Clifton)
$750,000
75%
$562,500
8
580 to 390 Zone Transmission Main (580/390 PRV to Old CliftonTank)
$1,325,000
75%
$993,750
9
Well 12 Development, Treatment, and Booster Pump Station
$7,000,000
100%
$7,000,000
10
Melcher Pump Station Upgrade
$500,000
25%
$125,000
11
PRV Improvements per Hydraulic Model
$350,000
50%
$175,000
12
390 to 580 Zone Booster Station, 1st Lift (Glenwood)
$900,000
0%
$0
13
391 to 580 Zone Booster Station, 2nd Lift (Glenwood)
$725,000
100%
$725,000
14
390 to 580 Zone Transmission Main (to Glenwood PS)
$2,750,000
75%
$2,062,500
15
580 to 660 Zone Booster Station
$750,000
100%
$750,000
16
660 Zone Storage
$2,850,000
100%
$2,850,000
17
Well 7 Treatment/Pump Station Upgrades
$750,000
0%
$0
18
Main Replacements per Hydraulic Model
$2,000,000
25%
$500,000
19
Annual Main Replacement Program (Upsize 1"-4" main to 6"-8") See Table 1
$2,500,000
0%
$0
20
Annual Valve Replacement Program
$720,000
0%
$0
21
Annual Hydrant Replacement Program
$450,000
0%
$0
22
Foster Pilot Mitigation Projects
$1,000,000
100%
$1,000,000
23
390 Zone Low Pressure Booster Pumps for Existing Water Services
$600,000
100%
$600,000
24
Black Jack Creek (Kendall) Water Main Crossing
$750,000
0%
$0
Total Water Capital Improvement Plan Improvements
$50,621,852
$33,028,889
65%
6A 03 Water CIP for CFC Update 4-30, 511012021, Page 1 Page 68 of 154
Back to Agenda
filth City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Public Hearing 6B Meeting Date: May 11, 2021
Subject: First Public Hearing on the Adoption of Prepared by: Mark Dorsey, P.E.
an Ordinance Amending Port Orchard Public Works Director
Municipal Code Chapter 13.04 and Atty Routing No.: 366922.0013 — Water
Increasing the Water System Capital Atty Review Date: May 5, 2021
Facility Charge
Summary: At the April 27, 2021, Regular City Council Meeting, Staff presented the draft Water System
Capital Improvement Program 2020-2030, which included 1) the updated Water System Capital
Improvement Plan (CIP) and 2) methodology alternatives for an update to the City's Water System
Capital Facility Charge (CFC). The purpose of the presentation was to 1) determine whether the current
Water System CFC's are equitable and adequate to fund both the needed Water CIP's and to maintain
the current water system; and 2) to explore alternative CFC methodologies. Based on feedback from
Council during that presentation, staff prepared Ordinance No. 023-21, which will amend POMC 13.04 to
effectuate the proposed increase to the Water CFC and will be on the May 25, 2021 Regular Council
Meeting for consideration, following a second Public Hearing on that same date.
Relationship to Comprehensive Plan: Chapter 7 — Utilities
Recommendation: Staff recommends holding the Public Hearing on Ordinance No. 032-21.
Alternatives: Do not hold the Public Hearing.
Attachments: Water System Capital Facility Charge Methodology — Presentation.
Page 69 of 154
Back to Agenda
Water System
Capital Facility Charge
05.11.2021
Page 70 of 154
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Capital Facilities Charges (CFCs) are one-
time fees, paid at the time of development,
intended to recover a share of the cost of
system capacity needed to serve growth.
They serve two primary purposes:
Back to Agenda
General CFC Calculation Methodology
Page 72 of 154
Back to Agenda
ORCHARD.
City of Port Orchard
Water System Capital Improvement
Plan
CIP No.
Project Name
Cost Estimate
Percent CFC
CFC Portion $
1
580Zone Storage
$2,850,000
100%
$2,850,000
2
CIP No. 2Combined
$8,766,852
75%
$6,575,139
2A
Well 13 Development & Treatment
n/a
2B
Maple Ave Improvements and Water Main Replacement
n/a
2C
390 to 260 Rezone PRVs (4 each)
n/a
3
Well 11 Development, Treatment, and Booster Pump Station
$8,000,000
25%
$2,000,000
4
580Zone Transmission & Distribution Main
$1,235,000
100%
$1,235,000
5
390 Zone Storage
$3,000,000
100%
$3,000,000
6
Telemetry Upgrades
$100,000
25%
$25,000
7
390to 580Zone Booster Station (Old Clifton)
$750,000
75%
$562,500
8
580to 390Zone Transmission Main (580/390 PRV to Old CliftonTank)
$1,325,000
75%
$993,750
9
Well 12 Development, Treatment, and Booster Pump Station
$7,000,000
100%
$7,000,000
10
Melcher Pump Station Upgrade
$500,000
25%
$125,000
11
PRV Improvements per Hydraulic Model
$350,000
50%
$175,000
12
390to 580Zone Booster Station, 1st Lift (Glenwood)
$900,000
0%
$0
13
391 to 580Zone Booster Station, 2nd Lift (Glenwood)
$725,000
100%
$725,000
14
390to 580Zone Transmission Main (to Glenwood PS)
$2,750,000
75%
$2,062,500
15
580 to 660 Zone Booster Station
$750,000
100%
$750,000
16
660Zone Storage
$2,850,000
100%
$2,850,000
17
Well7Treatment/Pump Station Upgrades
$750,000
0%
$0
18
Main Replacements per Hydraulic Model
$2,000,000
25%
$500,000
19
Annual Main Replacement Program (Upsize 1"-4" main to 6"-8") See Table 1
$2,500,000
0%
$0
20
Annual Valve Replacement Program
$720,000
0%
$0
21
Annual Hydrant Replacement Program
$450,000
0%
$0
22
Foster Pilot Mitigation Projects
$1,000,000
100%
$1,000,000
23
390Zone Low Pressure Booster Pumps for Existing Water Services
$600,000
100%
$600,000
24
Black Jack Creek Crossing at Kendall Street
$750,000
0%
$0
ImprovementTotal Water Capital
..
Page 73 of 154
**Is,, ■ o*
Back to Agenda
- - - - - - -- - - - - - - - - - - - - - -/ - - - - - -- - - - - -
factor
• New CFC Project Cost
represents the estimated
project cost attributable to
growth only and to be included
in the calculation of the CFC
New CFC Project Cost
Total Water CI P CFC
Cost
$331028,889
$65,456,186
Page 74 of 154
Alternatives
Alternative A
Average cost per ERU
Alternative B
Allocated Growth Cost per ERU
-Based on Water System Plan
Alternative C
Allocated Growth Cost per ERU
-Hermitting rULeritial DCD
Alternative D
Allocated Growth Cost per ERU
-Average & Growth Cost per ERU*
-Permitting Potential DCD
Water System CFC Back to Agenda
Applicable Customer Base
Methodology
(Current Facility ERU's + Water System Plan (WSP) Growth ERU's)
(5672+3498)= 9170
Current Facilities ERU's
(5672)
Current Facilities ERU's
(5672)
(Current Facility ERU's + Permitting Potential DCD)
5672 + 4089 = 9 761
WSP Growth ERU's
(3498)
Permitting Potential DCD
(4089)
Permitting Potential DCD
(4089)
Page 75 of 154
Water System CFC Alternatives & Methodology a
"r Alternatives
Alternative A
Average cost per ERU
Alternative B
Allocated Growth Cost per ERU
-Based on Water System Plan(WSP)
Alternative C
Allocated Growth Cost per ERU
-Permitting Potential DCD
Alternative D
Allocated Growth Cost per ERU
-Average & Growth Cost per ERU*
-Permitting Potential DCD
rmvMethodology�
(Total Current Facilities Cost + New Protect Total Cost)
(Current Facility ERU's + Water System Plan (WSP) Growth ERU's)
Total Current Facilities Cost + New Project Total Cost
Current Facilities ERU's WSP ERU's
Total Current Facilities Cost
Current Facilities ERU's
Total Current Facilities Cost
(Current Facility tKU's + Permitting Potential DCD)
+ New Proiect Total Cost
Permitting Potential DCD
+ New Proiect Total Cost
Permitting Potential DCD
Page 76 of 154
Back to Agenda
Current CFC $5,945 -
Alternative A
Average cost per ERU $7,245 $1,300
Alternative B
Allocated Growth Cost per ERU $15,387 $9,442
-Based on Water System Plan (WSP)
Alternative C
Allocated Growth Cost per ERU $14,002 $8,057
-Permitting rotentiai L)CD
Alternative D
Allocated Growth Cost per ERU
-Average & Growth Cost per ERU* $11,571 $5,626
-Permitting Potential DCD
Page 77 of 154
Recommendation
• Best fit for the city to meet the goals
of capital facility charges
• Balances the equity between
existing and new customers; and
• Provides a source of funding for
system capital costs, as growth
ri4MI-MI
Alternative I CFC Cost
Per ERU
Increase
Back to Agenda
I -qr u _q_q I r
Page 79 of 154
Back to Agenda
aw aw-
Agenda Item No.:
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Business Item 7A
Adoption of an Ordinance Adopting the
2021 Water System Capital Improvement
Plan
Meeting Date:
Prepared by:
Atty Routing No.:
Atty Review Date
May 11, 2021
Mark Dorsey, P.E.
Public Works Director
366922.0013 — Water
May 6, 2021
Summary: Earlier this evening, a duly -noticed Public Hearing was held before the City Council on the
proposed adoption of the 2021 Water System Capital Improvement Plan.
As a function of the Water System Plan (WSP) Update, currently anticipated to be approved by the
Washington State Department of Health (DOH) this Fall, the City's Public Works Department has updated
the Water System Capital Improvement Plan (CIP). Due to unforeseen COVIDI9-related delays in the
DOH approval of the WSP Update, coupled with the City's need to timely update its CIP so as to update
its Capital Facilities Charges (CFCs) to reflect current needs and costs, the Public Works Department is
seeking early adoption of the Water System CIP for the amendment of the Water System Capital Facility
Charge (CFC) to proceed. Please recall that at the April 27, 2021 Regular City Council Meeting, Staff
presented the Water System Capital Improvement Program 2020-2030, which included 1) the updated
Water System Capital Improvement Plan (CIP) and 2) methodology alternatives for an update to the
City's Water System Capital Facility Charge (CFC). The purpose of the presentation was to 1) determine
whether the current Water System CFC's are equitable and adequate to fund both the needed Water
CIP's and to maintain the current water system and 2) to explore alternative CFC methodologies.
Relationship to Comprehensive Plan: Chapter 7 — Utilities (Sewer).
Recommendation: Staff recommends adoption of Ordinance No. 022-21, thereby adopting the 2021
Water System Capital Improvement Plan.
Motion for Consideration: I move to adopt Ordinance No. 022-21, thereby adopting the 2021 Water
System Capital Improvement Plan.
Alternatives: Do not adopt.
Fiscal Impact: Adoption of the 2021 Water System Capital Improvement Plan will have fiscal impact and
a Budget Amendment may be required.
Attachments: Ordinance No. 022-21 w/ Exhibit A (2021 Water System Capital Improvement Plan).
Page 80 of 154
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ORDINANCE NO. 022-21
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING
THE UPDATED 2021 WATER CAPITAL IMPROVEMENT PLAN; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, consistent with the City's Comprehensive Plan and development regulations, the
City Council updated its Water System Plan in 2009; and
WHEREAS, at the direction of the City Council, the City conducted a comprehensive review
of the Water System Plan, including new system modeling, and has identified necessary updates its
existing Water System Plan due to increased development that likely necessitates the construction of
new infrastructure; and
WHEREAS, the City desires to adopt a new Water System Plan to reflect these updates, and
has submitted that plan for approval to the Washington State Department of Health for approval; and
WHEREAS, due to the COVID-19 public health emergency, DOH has estimated a lengthy delay
for review and approval of proposed Water System Plans, while the City has an emergent need to
adopt an updated Capital Improvement Plan — a component of the Water System Plan —so as to
timely update the City's Water Capital Facilities Charges to accurate reflect need and costs; and
WHEREAS, upon approval from DOH, the City commits to the adoption of the Water System
Plan, inclusive of the CIP, in a final action on the Water System Plan; and
WHEREAS, a State Environmental Policy Act Checklist for the proposed CIP herein was
prepared by City staff and on October 26, 2020, the City's SEPA Official issued a Determination of Non -
Significance (DNS); and
WHEREAS, a duly noticed Public Hearing before the City Council on the proposed amendments
was held on May 11, 2021; and
WHEREAS, the City Council finds that the Capital Improvement Plan attached hereto as Exhibit
A and incorporated herein by this reference serves the public health, safety, and general welfare of
the citizens of Port Orchard; and
WHEREAS, the City Council also finds that the Capital Improvement Plan is consistent with the
goals and policies of the City's Comprehensive Plan and with the Growth Management Act, Chapter
36.70A RCW; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Page 81 of 154
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Ordinance No.022-21
Page 2 of 2
SECTION 1. The City's 2021 Water Capital Improvement Plan is hereby adopted asset forth
in Exhibit A hereto and incorporated herein by this reference.
SECTION 2. If any section, sentence, clause or phrase of this ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 3. This ordinance shall be in full force and effect five (5) days after posting and
publication as required by law. A summary of this Ordinance may be published in lieu of the entire
ordinance, as authorized by State Law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 111" day of May 2021.
Robert Putaansuu, Mayor
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM: SPONSOR:
Charlene A. Archer, City Attorney Cindy Lucarelli, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 82 of 154
Water CIP
Back to Agenda
City of Port Orchard
EXHIBIT A 2020-2030 Water System Capital Improvement Plan
CIP No.
Project Name
Cost Estimate
Percent CFC
CFC Portion $ AL
1
580 Zone Storage
CIP No. 2 Combined
$2,850,000
100%
75%
$2,850,000
2
$8,766,852
$6,575,139
2A
Well 13 Development & Treatment
n/a
2B
Maple Ave Improvements and Water Main Replacement
n/a
2C
390 to 260 Rezone PRVs (4 each)
n/a
3
Well 11 Development, Treatment, and Booster Pump Station
$8,000,000
25%
$2,000,000
4
580 Zone Transmission & Distribution Main
$1,235,000
100%
$1,235,000
5
390 Zone Storage
$3,000,000
100%
$3,000,000
6
Telemetry Upgrades
$100,000
25%
$25,000
7
390 to 580 Zone Booster Station (Old Clifton)
$750,000
75%
$562,500
8
580 to 390 Zone Transmission Main (580/390 PRV to Old CliftonTank)
$1,325,000
75%
$993,750
9
Well 12 Development, Treatment, and Booster Pump Station
$7,000,000
100%
$7,000,000
10
Melcher Pump Station Upgrade
$500,000
25%
$125,000
11
PRV Improvements per Hydraulic Model
$350,000
50%
$175,000
12
390 to 580 Zone Booster Station, 1st Lift (Glenwood)
$900,000
0%
$0
13
391 to 580 Zone Booster Station, 2nd Lift (Glenwood)
$725,000
100%
$725,000
14
390 to 580 Zone Transmission Main (to Glenwood PS)
$2,750,000
75%
$2,062,500
15
580 to 660 Zone Booster Station
$750,000
100%
$750,000
16
660 Zone Storage
$2,850,000
100%
$2,850,000
17
Well 7 Treatment/Pump Station Upgrades
$750,000
0%
$0
18
Main Replacements per Hydraulic Model
$2,000,000
25%
$500,000
19
Annual Main Replacement Program (Upsize 1"-4" main to 6"-8") See Table 1
$2,500,000
0%
$0
20
Annual Valve Replacement Program
$720,000
0%
$0
21
Annual Hydrant Replacement Program
$450,000
0%
$0
22
Foster Pilot Mitigation Projects
$1,000,000
100%
$1,000,000
23
390 Zone Low Pressure Booster Pumps for Existing Water Services
$600,000
100%
$600,000
24
Black Jack Creek (Kendall) Water Main Crossing
$750,000
0%
$0
Total Water Capital Improvement Plan Improvements
$50,621,852
$33,028,889
65%
7A 03 Water CIP for CFC Update 4-30, 511012021, Page 1 Page 83 of 154
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.: Business Item 7B
Subject: Adoption of an Ordinance Approving
Revisions to Port Orchard Municipal Code
Chapter 20.132 Sign Code
Meeting Date: May 11, 2021
Prepared by: Nicholas Bond, AICP
Atty Routing No.
Atty Review Date
DCD Director
N/A
N/A
Summary: In 2017, the City Council adopted Chapter 20.132, the City's Sign Code, which contains the
standards and permitting requirements for signage within the city. City staff are proposing to amend
Sections 20.132.270 (Temporary Signs) and 20.132.290 (Definitions), to provide more specific guidance and
enforceability for temporary signs of a type typically associated with real estate and subdivisions, regarding
the size, materials, allowable locations and display timing of such signs.
These revisions will assist staff with enforcement issues that have arisen regarding signs which are meant to
be temporary, but have been manufactured of permanent -type materials and installed on permanent
foundations, and/or which have been left in place after a residential development has completed its sales or
has ceased construction for an extended period of time.
On May 4, 2021, the Planning Commission held a public hearing on the proposed revisions, and voted to
recommend their approval to the City Council.
Relationship to Comprehensive Plan: N/A
Recommendation: City staff recommend approval of the proposed revisions to the temporary sign code in
Chapter 20.132 POMC, as presented.
Motion for consideration: "I move to adopt an ordinance, approving the proposed revisions to the
temporary sign code in Chapter 20.132 POMC, as presented."
Fiscal Impact: None.
Alternatives: Do not approve the proposed revisions; direct staff to make additional revisions.
Attachments: Ordinance; Redline version of proposed changes.
Page 84 of 154
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
AMENDING CHAPTER 20.132 OF THE PORT ORCHARD MUNICIPAL CODE;
PROVIDING FOR SEVERABILITYAND CORRECTIONS; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, on June 17, 2017, the City Council adopted Chapter 20.132 of the Port Orchard
Municipal Code (POMC), Sign Code, containing the City's sign standards and permitting
requirements; and
WHEREAS, the City desires to amend Chapter 20.132.270 and 20.132.290 to provide more
specific guidance and enforceability for temporary signs of a type typically associated with real
estate and subdivisions, regarding the size, materials, allowable locations and display timing of such
signs; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 14-day
expedited review on April 5, 2021; and
WHEREAS, on April 12, 2021, the City's SEPA official issued a determination of
nonsignificance for the proposed amendments, and there have been no appeals; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of this
Ordinance on May 4, 2021, and recommended adoption by the City Council; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests
of the residents of the City and further advance the public health, safety and welfare; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES ORDAIN AS
SECTION 1. POMC 20.132.270 Temporary Signs -Amended. Port Orchard Municipal Code
Section 20.132.270 is hereby amended to read as follows:
20.132.270 Temporary signs.
(1) No Permit Required. A temporary sign does not require a sign permit but shall comply with the
following standards:
Page 85 of 154
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Ordinance No.
Page 2 of 5
(2) Removal. Temporary signs shall be removed if the sign is in need of repair, is worn, dilapidated
or creates a public nuisance.
(3) Materials. See POMC 20.132.100, Sign materials, and the definition of "temporary sign" in
POMC 20.132.290, Definitions.
(4) City Property (Excluding City Right -of -Way). Temporary signs on city -owned property (excluding
city right-of-way) are allowed only in conjunction with an approved special event permit.
(5) City Right -of -Way Outside of the Roadway. Temporary signs are prohibited in the roadway.
Temporary signs on city right-of-way placed outside of the roadway must comply with the following
requirements:
(a) Location. Allowed only between the property line and the back of the nearest curb, or where
no curb exists, between the property line and the nearest edge of the roadway pavement. Signs
may not be placed on sidewalks, driveways or other paved areas designed for pedestrian or
vehicular use, in roundabouts or center medians, or as conditioned in a street use permit.
(b) Approval of Abutting Owner. Approval of the abutting owner is recommended.
(c) Type. Signs on stakes that can be manually pushed or hammered into the ground are
allowed. All other signs are prohibited, unless specifically allowed by a street use permit.
(d) Size and Height. Limited to four square feet, and three feet in height.
(e) Dilapidated or Nuisance Signs. Any temporary sign in the right-of-way that is dilapidated or
nuisance shall be removed by the person responsible for placement of the sign.
(f) Other Signs. The city may allow permanent or oversize signs in city rights -of -way with a street
use permit.
(6) Residential Zones. Temporary signs may be placed on property residentially zoned in
accordance with the requirements of this section and the following:
(a) Window Signs. Limited to no more than one temporary window sign per residential unit, not
to exceed four square feet.
(b) Freestanding Signs (Includes Post -Mounted, Stake and Portable Signs).
(i) Single -Family Zones. Each temporary freestanding sign shall not exceed four squarefeet
in size and five feet in height, if the sign is mounted on the ground, and not to exceed three
feet in height if the sign is stake -mounted or portable. No more than 32 square feet of
temporary freestanding signage may be located on any one site.
(ii) Multifamily Zones. Each temporary freestanding sign shall not exceed six square feet in
size and five feet in height if the sign is post -mounted on the ground, and not to exceed
three feet in height if the sign is stake -mounted or portable. No more than 32 square feet of
temporary freestanding signage may be located on any one site.
(iii) Developments. One post -mounted sign of up to 8 feet in height and 32 square feet,
shall be allowed in association with a residential subdivision, duringthe period of active site
development and construction. Such sign may not be set in concrete or otherwise
permanently installed, and shall be removed upon completion of construction of all homes
Page 86 of 154
Back to Agenda
Ordinance No.
Page 3 of 5
in the associated subdivision. If site development or construction ceases or is suspended
for a period of more than 180 days, the sign shall be removed until construction or
development resumes.
(c) Surface -Mounted Signs. Limited to sites two acres or larger:
(i) Size. The total amount of temporary signage on a site, whether in one sign or multiple signs,
must equal no more than 32 square feet.
(ii) Location. Must be flatly affixed to walls below the fascia or parapet line, or flatly affixed to
on -site fences either facing or abutting the street, or facing inward to the subject site. Signs shall
not be attached or tethered to other site improvements.
(7) Nonresidential Zones. Temporary signs are allowed on nonresidentially zoned property in
accordance with the requirements of this section and the following:
(a) Window Signs. Limited to 25 percent of the window area, subject to the window sign
requirements of POMC 20.132.280, Window signs.
(b) Freestanding Signs (Including Post -Mounted, Stake and Portable Signs). One sign per street
frontage meeting the following conditions:
Size/height: limited to four square feet and five feet in height if the temporary sign is
mounted on the ground, and not to exceed three feet in height if the temporary sign is
portable.
(c) Surface -Mounted Signs.
(i) Size. The total amount of temporary signage on a site, whether in one sign or multiple
signs, must equal no more than 30 square feet.
(ii) Location. Must be flatly affixed to walls below the fascia or parapet line, orflatly affixed to
on -site fences either facing the abutting street, or facing inward to the subject site. Signs shall
not be attached or tethered to other site improvements.
(8) Temporary Signs on Large Properties, Residential or Nonresidentially Zoned Properties. The
following temporary signs may be placed on any site at least two acres in size, in accordance with
the requirements of this section and the following:
(a) Type. Any type.
(b) Number/Size/Height. One sign per street frontage. Not to exceed 64 32 square feet and up
to eight feet above ground level.
(c) Exclusivity. The sign allowed underthis subsection is in lieu of and shall not be displayed with
or be in addition to other temporary signs allowed by this section.
SECTION 2. POMC 132.290 Definitions - Amended. Port Orchard Municipal Code Section
20.132.290 is hereby amended to read as follows:
(Added to definitions under "T":)
Page 87 of 154
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Ordinance No.
Page 4 of 5
"Temporary sign" (which may include special event sign) means any sign that is used
temporarily and is not permanently mounted, painted or otherwise affixed, excluding portable
signs as defined by this chapter, including any poster, banner, placard, stake sign or sign not placed
in the ground with concrete or other means to provide permanent support, stability and rot
prevention. Temporary signs may only be made of nondurable materials including, but not limited
to, paper, corrugated board, flexible, bendable orfoldable plastics, foamcore board, vinyl canvas or
vinyl mesh products of less than 20-ounce fabric, vinyl canvas and vinyl mesh products without
polymeric plasticizers and signs painted or drawn with water soluble paints or chalks. Signs made of
any other materials shall be considered permanent and are subject to the permanent sign
regulations of this chapter, except that post -mounted temporary signs allowed in POMC
20.132.270, Temporary Signs, which are located on properties that are actively listed or marketed
for sale or rental or actively under development or construction, may be made of durable
materials. Temporary signs of durable materials shall be removed when such properties are no
longer actively listed or marketed for sale or rental or actively under development or construction.
If site development or construction ceases or is suspended for a period of more than 180 days, such
signs shall be removed until construction or development resumes.
SECTION 3. Severability. If any section, sentence, clause or phrase of this ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity of constitutionality of any other section, sentence,
clause or phrase of this ordinance.
SECTION 4. Corrections. Upon approval of the city attorney, the city clerk and the codifiers
of this ordinance are authorized to make necessary technical corrections to this ordinance,
including, without limitation, the correction of clerical errors; references to other local, state, or
federal laws, codes, rules, or regulations; or section/subsection numbering.
SECTION S. Effective Date. This ordinance shall be in full force five days after posting and
publication as required by law. A summary of this ordinance may be published in lieu of publishing
the ordinance in its entirety.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 11t" day of May 2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 88 of 154
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Ordinance No.
Page 5of5
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 89 of 154
Back to Agenda
20.132.270 Temporary signs.
(1) No Permit Required. A temporary sign does not require a sign permit but shall comply with the
following standards:
(2) Removal. Temporary signs shall be removed if the sign is in need of repair, is worn, dilapidated or
creates a public nuisance.
(3) Materials. See POMC 20.132.100, Sign materials, and the definition of "temporary sign" in POMC
20.132.290, Definitions.
(4) City Property (Excluding City Right -of -Way). Temporary signs on city -owned property (excluding city
right-of-way) are allowed only in conjunction with an approved special event permit.
(5) City Right -of -Way Outside of the Roadway. Temporary signs are prohibited in the roadway.
Temporary signs on city right-of-way placed outside of the roadway must comply with the following
requirements:
(a) Location. Allowed only between the property line and the back of the nearest curb, or where no
curb exists, between the property line and the nearest edge of the roadway pavement. Signs may not
be placed on sidewalks, driveways or other paved areas designed for pedestrian or vehicular use, in
roundabouts or center medians, or as conditioned in a street use permit.
(b) Approval of Abutting Owner. Approval of the abutting owner is recommended.
(c) Type. Signs on stakes that can be manually pushed or hammered into the ground are allowed. All
other signs are prohibited, unless specifically allowed by a street use permit.
(d) Size and Height. Limited to four square feet, and three feet in height.
(e) Dilapidated or Nuisance Signs. Any temporary sign in the right-of-way that is dilapidated or a
nuisance shall be removed by the person responsible for placement of the sign.
(f) Other Signs. The city may allow permanent or oversize signs in city rights -of -way with a street use
permit.
(6) Residential Zones. Temporary signs may be placed on property residentially zoned in accordance
with the requirements of this section and the following:
(a) Window Signs. Limited to no more than one temporary window sign per residential unit, not to
exceed four square feet.
(b) Freestanding Signs (Includes Post -Mounted, Stake and Portable Signs).
(i) Single -Family Zones. Each temporary freestanding sign shall not exceed four square feet in size and
five feet in height, if the sign is mounted on the ground, and not to exceed three feet in height if the
sign is stake -mounted or portable. No more than 32 square feet of temporary freestanding signage
may be located on any one site.
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(ii) Multifamily Zones. Each temporary freestanding sign shall not exceed six square feet in size and five
feet in height if the sign is post -mounted on the ground, and not to exceed three feet in height if the
sign is stake -mounted or portable. No more than 32 square feet of temporary freestanding signage
may be located on any one site.
NO Developments. One post -mounted sign of up to 8 feet in height and 32 square feet, shall be
allowed in association with a residential subdivision, during the period of active site development and
construction. Such sign may not be set in concrete or otherwise permanently installed, and shall be
removed upon completion of construction of all homes in the associated subdivision. If site
development or construction ceases or is suspended for a period of more than 180 days, the sign shall
be removed until construction or development resumes.
(c) Surface -Mounted Signs. Limited to sites two acres or larger:
(i) Size. The total amount of temporary signage on a site, whether in one sign or multiple signs, must
equal no more than 32 square feet.
(ii) Location. Must be flatly affixed to walls below the fascia or parapet line, or flatly affixed to on -site
fences either facing or abutting the street, or facing inward to the subject site. Signs shall not be
attached or tethered to other site improvements.
(7) Nonresidential Zones. Temporary signs are allowed on nonresidentially zoned property in
accordance with the requirements of this section and the following:
(a) Window Signs. Limited to 25 percent of the window area, subject to the window sign requirements
of POMC 20.132.280, Window signs.
(b) Freestanding Signs (Including Post -Mounted, Stake and Portable Signs). One sign per street frontage
meeting the following conditions:
Size/height: limited to four square feet and five feet in height if the temporary sign is mounted on the
ground, and not to exceed three feet in height if the temporary sign is portable.
(c) Surface -Mounted Signs.
(i) Size. The total amount of temporary signage on a site, whether in one sign or multiple signs, must
equal no more than 30 square feet.
(ii) Location. Must be flatly affixed to walls below the fascia or parapet line, or flatly affixed to on -site
fences either facing the abutting street, or facing inward to the subject site. Signs shall not be attached
or tethered to other site improvements.
(8) Temporary Signs on Large Properties, Residential or Nonresidentially Zoned Properties. The
following temporary signs may be placed on any site at least two acres in size, in accordance with the
requirements of this section and the following:
2
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(a) Type. Any type.
(b) Size/Height. One sign per street frontage. Not to exceed square feet and up to eight
feet above ground level.
(c) Exclusivity. The sign allowed under this subsection is in lieu of and shall not be displayed with or be
in addition to other temporary signs allowed by this section.
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20.132.290 Definitions.
"Temporary sign" (which may include special event sign) means any sign that is used temporarily and is
not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this
chapter, including any poster, banner, placard, stake sign or sign not placed in the ground with
concrete or other means to provide permanent support, stability and rot prevention. Temporary signs
may only be made of nondurable materials including, but not limited to, paper, corrugated board,
flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of less than
20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted
or drawn with water soluble paints or chalks. Signs made of any other materials shall be considered
permanent and are subject to the permanent sign regulations of this chapter, except that post:
mounted temporary signs allowed in POMC 20.132.270, Temporary Signs, which are located on
properties that are actively listed or marketed for sale or rental or actively under development or
construction, may be made of durable materials. Temporary signs of durable materials shall be
removed when such properties are no longer actively listed or marketed for sale or rental or actively
under development or construction. If site development or construction ceases or is suspended for a
period of more than 180 days, such signs shall be removed until construction or development resumes.
4
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City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Aeenda Staff Resort
Agenda Item No.: Business Item 7C Meeting Date: May 11, 2021
Subject: Adoption of a Resolution Approving a Prepared by: Nicholas Bond, AICP
Contract with Sidney Road Apartments, LLC DCD Director
for General Facility Fee Credit Atty Routing No.: N/A
Atty Review Date: N/A
Summary: In early 2021, the City Council approved Ordinance 009-21 to revise the City's framework for
providing sewer General Facility Fee (GFF) credits (POMC 13.04.040) as a way to incentivize private
construction of planned public facilities. The City has since received its first request for a GFF credit from
Sidney Road Apartments LLC. The developer has applied for building permits to construct 216 apartments
and a community building at 4977 Sidney Road SW. To construct apartments at this location, the City's
planned Ruby Creek North Lift Station (Project #6-5C on the City's sewer capital improvement program) is
required in order to provide sanitary sewer service. The developer has agreed to construct this project and
dedicate it to the City, in exchange for a credit against the GFF that is owed for the project.
Under the recently adopted GFF credit framework, the City has determined that the project is eligible for up
to $1,750,000 in credit provided that the actual cost to construct the sewer lift station is certified to equal
or exceed $2,500,000. The current amount of GFFs due for the project, based on a 216-unit count, is
$1,841,000. Under the proposed agreement, the City would require a payment of $91,400 for the GFF (the
difference between $1,841,000 GFFs owed and $1,750,000 credit). Then, the developer will build the
apartments and the lift station simultaneously. Upon lift station completion, the developer will provide
documentation of cost to either verify that the developer spent at least $2,500,000 on the project, or, if the
developer spends less than $2,500,000, to confirm the size of the remining GFF payment to the City that is
required prior to receiving a certificate of occupancy. The developer and the City both expect that the cost
of the facility will exceed $2,500,000 and that no remaining balance will be required in order for certificates
of occupancy to be granted.
Relationship to Comprehensive Plan: The proposed development and the sewer lift station project are
consistent with the City's Comprehensive Plan and the Ruby Creek Subarea Plan.
Recommendation: City staff recommend approval of a Resolution authorizing the Mayor to execute the
proposed GFF agreement with Sidney Road Apartments LLC, as presented.
Motion for consideration: "I move to adopt a Resolution authorizing the Mayor to execute a General
Facility Fee agreement between the City of Port Orchard and Sidney Road Apartments LLC, as presented."
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Staff Report 7C
Page 2 of 2
Fiscal Impact: This agreement will reduce GFF revenue related to the Sidney Road Apartments by
$1,750,000, but will save the City considerably more in costs and staff resources by having a private
developer construct a new public facility that is part of the City's capital facility plan. The development
will add new rate payers to the City's utilities, and will generate significant development related
revenues and ongoing tax revenue. The agreement and the resulting development should have a
positive fiscal impact on the City.
Alternatives: Do not approve the GFF agreement.
Attachments: GFF Agreement and Exhibits A-E.
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD AUTHORIZING
THE MAYOR TO EXECUTE A GENERAL FACILITY CHARGE CREDIT
AGREEMENT IN ACCORDANCE WITH POMC 13.04.040 WITH
SIDNEY ROAD APARTMEMENTS, L.L.C.
WHEREAS, the City of Port Orchard owns and operates a municipal sewer system that
services the area where Sidney Road Apartments, L.L.C. is developing a multi -family housing
project ("the Project"); and
WHEREAS, in order to serve the Project, a new sewer lift station and sewer extension is
needed; and
WHEREAS, these improvements includes the North Sidney Lift Station Project, which is
designated as Project #6-5C within the 2020 Amendment to the 2016 General Sewer Plan as
adopted by Ord. 008-21 and is also sometimes referred to as the "Ruby Creek Lift Station."
("Sewer Improvement Project"); and
WHEREAS, the Developer of the Project is willing to install these sewer facilities which
will serve both the Project and the general public in the Ruby Creek Basin area; and
WHEREAS, the Port Orchard Municipal Code Section 13.04.040 allows the City to provide
a credit for General Facility Fees (GFF) for excess capacity provided when a developer builds a
sewer project; and
WHEREAS, the City's consultant has determined that the Sewer Improvement Project
provides excess capacity of 70 percent, meaning, the Project will utilize 30 percent of the
capacity; and
WHEREAS, the Developer is eligible to obtain GFF credits as set forth in POMC 13.04.040
for the 70 percent added capacity; and
WHEREAS, the City Council finds it in the public interest to authorize the Mayor to execute
the proposed General Facility Fee Credit Agreement with Sidney Road Apartments, L.L.C. which
is attached to this Resolution as Exhibit "1"; now, therefore
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY
RESOLVE AS FOLLOWS:
Section 1. Agreement Authorized. The Mayor is hereby authorized to execute General
Facility Fee Credit Agreement with Sidney Road Apartments, L.L.C. in substantially the form
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Resolution No.
Page 2 of 2
attached hereto as Exhibit 'T'.
Section 2. Effective date. 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 City Clerk in authentication of such passage this 111" day of May 2021.
Attest:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
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[PROPOSED] SEWER GENERAL FACILITY FEE (GFF) CREDIT AGREEMENT
BETWEEN CITY OF PORT ORCHARD AND SIDNEY ROAD APARTMENTS L.L.C.
THIS SEWER GENERAL FACILITY FEE CREDIT AGREEMENT is made and entered
into this day of May, 2021, by and between the City of Port Orchard, a non -charter,
optional code Washington municipal corporation, hereinafter the "City," and Sidney Road
Apartments L.L.C. a limited liability company organized under the laws of the State of
Washington, hereinafter the "Developer" or "Sidney Road" (together the "Parties").
RECITALS
WHEREAS, the City of Port Orchard is a non -charter code city and operates a municipal
sanitary sewer system under the authority of RCW 35A.11.020, 35A.21.150, and 35.67.020 and
Article XI, § 11 of the Washington State Constitution; and
WHEREAS, as part of its sewer rates, the City of Port Orchard charges Capital Facility
Charges ("CFC") for new development which connects to its sewer system; and
WHEREAS, the CFC is comprised of a
and a General Facility Fee ("GFF") as provide
"Code") Ch. 13.04; and
Wastewater Treatment Facility Fee ("WWTFF")
d in Port Orchard Municipal Code ("POMC" or
WHEREAS, in accordance with POMC 13.04.040, when a property owner or developer
constructs a portion of the public sewer system which is part of the City's basis for the CFC, then
that property owner or developer may receive a credit for the GFF portion of the CFC
commensurate with the increased capacity for the City's system that exceeds the needs of the
owner or developer's project; and
WHEREAS, Developer proposes to develop the Sidney Road Property with a multi -family
development consisting of approximately 216 units of housing, residential amenity facility,
parking for 356 vehicles, landscaping, and associated site improvements (collectively, the
"Development Project" or City Permit No. PW 20-064); and
WHEREAS, as part of the Development Project, Developer is proposing to construct at its
expense, certain sanitary sewer system improvements as defined in the City's Comprehensive Plan
as "6-5C, North Sidney Lift Station" defined herein as the "Sewer Improvement Project" and as
shown on Exhibit C, and
WHEREAS, this Sewer Improvement Project is part of the City's capital project list which
forms the basis for the CFC charges, and therefore, this Sewer Improvement Project is eligible for
a Sewer GFF credit pursuant to POMC 13.04.040; and
WHEREAS, Developer has applied for the GFF credit in accordance with POMC
13.04.040, and the Sewer Improvement Project has been verified as eligible by the City's Public
Works Director; and
WHEREAS, the City Council has reviewed this GFF Credit Agreement in accordance with
POMC 13.04.040(6)(d) and authorized the Mayor to execute this Agreement;
GFF Credit Agreement - 1
Sidney Road Apartments, L.L.C.
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Now, therefore, the Parties agree as follows:
AGREEMENT
Section 1. The Sidney Road Property. The Sidney Road Property comprises 4977
Sidney Road SW (Kitsap County Tax Parcel #112301-2-053-2007). The Sidney Road Property is
described on Exhibit A which is attached hereto and incorporated herein by this reference as if set
forth in full. A map of the Sidney Road Property is shown Exhibit B on which is attached hereto
and incorporated herein by this reference as if set forth in full.
Section 2. Sewer Improvement Project. Developer shall construct the North Sidney Lift
Station Project, which is designated as Project #6-5C within the 2020 Amendment to the 2016
General Sewer Plan as adopted by Ord. 008-21 and is also sometimes referred to as the "Ruby
Creek Lift Station." For purposes of this Agreement, the North Sidney Lift Station Project or Ruby
Creek Lift Station is defined herein as the "Sewer Improvement Project" and as further defined in
Exhibit C. The Sewer Improvement Project shall be constructed in conformance with Exhibit D.
The Sewer Improvement Project shall serve the Sidney Road Property, amongst other properties
within the North Basin area, and shall provide connectivity and capacity for the City. The City's
Public Works Director has verified that the Sewer Improvement Project is eligible for Sewer GFF
credits in accordance with POMC 13.04.040 as provided in Section 9 of this Agreement. The
credits authorized by this Agreement are only applicable to pending Building Permit Applications
21-044, 21-045, 21-046, 21-047, 21-048, 21-049, 21-050, 21-051, 21-052, 21-053, and 21-054 for
the properties identified on Exhibit B.
Section 3. Definitions. As used in this Agreement, the following terms, phrases, and words
shall have the meanings and be interpreted as set forth in this Section.
a) "Commence construction" as to the Sewer Improvement Project means that the City
has issued all required permit(s) and the Developer has deployed construction equipment and
personnel to the site of the Sewer Improvement Project.
b) "Council" or "City Council" means the duly elected legislative body governing the
City of Port Orchard.
c) "Development Project" means the development of the Sidney Road Property with
approximately 216 units of housing, residential amenity facility, parking for 356 vehicles,
landscaping, and associated site improvements as shown in Exhibit B and approved by the City
under Permit PW20-064.
d) "Director" means the City's Public Works Director.
e) "Effective Date" means the effective date of the Resolution authorizing the execution
of this Agreement.
f) "Maximum credit" means the maximum amount of GFF credit that is eligible for the
Sewer Improvement Project which is the subject to this Agreement for which Sewer GFF credits
for new sewer connections will be provided by the City to the Developer.
GFF Credit Agreement - 2
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1364367.2 - 099998 -0098
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g) "Sewer GFF" means the City's sewer general facility fee that is described in POMC
13.04.040.
h) "Sewer Improvement Project(s)" or "Project(s)" means the Sewer Improvement
Project described above which will serve both the Sidney Road Property and the greater
community, as specified in Section 9 and as provided for in all associated permits/approvals,
whether now in place or to be issued in the future, and all incorporated exhibits.
Section 4. Exhibits. Exhibits to this Agreement are as follows:
a) Exhibit A — Legal Description of the Sidney Road Property a
b) Exhibit B — Map of the Sidney Road Property with the Development Project and
with permits listed in Section 3 identified.
c) Exhibit C — Map of Sewer Improvement Project, including project components.
d) Exhibit D — Standards for development of Sewer Improvement Project.
e) Exhibit E — GFF Credit calculation estimation for this Development Project and
Sewer Improvement Project.
Section 5. Parties to Credit Agreement. The parties to this Agreement are:
a) The "City" is the City of Port Orchard, whose office is located at 216 Prospect Street,
Port Orchard, WA 98366.
b) The "Developer", "Sidney Road", or "Sidney Road Apartments L.L.C." is a private
enterprise which owns the Sidney Road Property in fee, and whose principal office is located at
15318 Washington Street, Suite 104, Sumner WA 98390.
Section 6. Sewer Improvement Project is a Private Undertaking. It is agreed among
the parties that the Sewer Improvement Project is a private improvement for which Sewer GFF
credits are allowed pursuant to POMC 13.04.040 and that the City has no interest in the
improvements until such time as the Sewer Project is completed, dedicated, and accepted by the
City as provided in Section 9 of this Agreement.
Section 7. Term of Agreement. This Agreement shall commence upon the effective date
of the Resolution authorizing the Port Orchard Mayor to execute this Agreement and shall continue
in force for a period of five (5) years unless extended or terminated as provided herein. Following
the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have
no force and effect, except for such Sections which are expressly identified herein as surviving the
expiration or termination.
Section 8. Project Schedule. Subject to the City's issuance of all necessary permits and
approvals, Developer will commence construction of the Sewer Improvement Project on the
following schedule:
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a) Developer shall submit all necessary permits and approvals to the City for
construction of the Sewer Improvement Project by May 14, 2021. Developer shall submit permits
for priority review including but not limited to use of City's third -party reviewer at Developer's
cost.
b) The City shall undertake good faith efforts to promptly review and make final
determinations on all necessary permits and approvals for construction of the Sewer Improvement
Project ("Sewer Improvement Permits"), including but not limited to using the City's third -party
reviewer to provide for prompt review. In the event that the City requires additional time beyond
the 120-day window to review the Sewer Improvement Permits, or requests corrections of
Developer, the timeline for Developer's obligation to construct the Sewer Improvement Project is
tolled until the date that the City makes its final determination on the Sewer Improvement Permits.
c) Except as provided in Subsection 8.c.i, upon issuance of the Sewer Improvement
Permits, the Developer shall commence construction of the Sewer Improvement Project within
120 days and proceed in a timely and workmanlike fashion, provided however, the Developer shall
be solely responsible for the means and methods for construction sequencing and phasing.
i. The Parties agree the Sewer Improvement Project is anticipated to cost
approximately $2,500,000 ("Estimated Cost"). If Developer obtains a good faith
estimate for construction of the Sewer Improvement Project that exceeds the
Estimated Cost by 25 percent or more, Developer may elect, in its sole discretion,
to pause construction of the Sewer Improvement Project for up to two (2) years
from the date that Developer provides written notice to the City of such election to
pause the Sewer Improvement Project ("Election Date") to secure alternative bids
or allow for conditions to improve ("Cost Escalation Toll Notice" or "Notice").
Developer shall provide a copy of estimate for construction showing the escalation
in costs with the Notice. In the event the Developer exercises its Notice, all other
obligations and requirements of this Agreement shall automatically be tolled, and
the Termination Date of this Agreement shall be extended accordingly by the
number of days between the Election Date and date that Developer provides written
notice to City of start the Sewer Improvement Project construction.
d) Developer understands that in accordance with POW 13.04.040(6)(e) that the City
will not issue any certificates of occupancy for the Development Project prior to substantial
completion of the Sewer Improvement Project, even if such Sewer Improvement Project is tolled
by the Developer under Section 8(c)(i) above. Furthermore, the Developer shall fully complete the
Sewer Improvement Project in accordance with POMC 13.04.040(6)(g) and Section 9 below prior
to the issuance of the Certificate of Occupancy for the last residential structure contained in the
Development Project, or sixty (60) calendar days prior to the Termination of this Agreement,
whichever date occurs first.
Section 9. Sewer Improvement Project Standards.
a) General. Developer will finance, design, and construct the Sewer Improvement
Project to comply with City standards, including obtaining all necessary permits, not to be
unreasonably withheld or conditioned by the City. The City will approve the plans before
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Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
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construction begins; and the City may accept responsibility for the operation of the Sewer
Improvement Project in accordance with POMC 13.04.040 provided construction is completed,
the project has been accepted, any transfer property documents are completed, accepted, and
recorded, and a two-year warranty and maintenance bond is in place, such acceptance not to be
unreasonably conditioned, withheld or denied. In accordance with POMC 13.04.040(6)(g), the
Project will be deemed completed when all of the following occurs: 1. The City deems it
substantially complete; 2. All punch list items are finished; 3. The improvement passes final
inspection; 4. The Developer has put a two-year warranty and maintenance bond in place; 5. The
City releases the performance bond (if applicable); 6. The Developer has completed all property
dedications; 7. The Developer has provided the City with a Bill of Sale for the improvements
containing the certified construction costs (stamped by licensed engineer) to the City for
determination of the maximum credits available under this Agreement; and 8. The City Council
accepts the project as public. The City will confirm completeness of the Sewer Improvement
Project by issuing a Final Notice of Completeness to the Developer.
b) Sewer Improvement Project. The Sewer Improvement Project will include design,
permitting, and construction, at Developer's sole expense of a new Sanitary Sewer Lift Station
(#6-5C, North Sidney Lift Station Project) that complies with the standards and capacity as set
forth on Exhibits C and D which are attached hereto and incorporated herein by this reference as
if set forth in full. Any and all work within the right of way shall fully satisfy the requirements in
POMC Chapter 12.04 and the City's right of way use permit process. In accordance with RCW
35.91.020, the Sewer Improvement Project shall be constructed according to plans and
specification approved by the City.
c) Bond Required. The Sewer Improvement Project construction work shall be
secured by a Performance Bond at 150% of the estimated construction costs. Construction of the
Sewer Improvement Project shall be inspected by the City, approval not to be unreasonably
withheld. In addition to the requirements in Section 9(a) above, the City's final approval of Sewer
Improvement Project shall be conditioned upon receipt from Developer of three (3) copies of as-
builts, a copy of the DWG files for the Sewer Improvement Project, and a two (2) year
Maintenance Bond at 20% of the construction costs, which shall be effective upon the City's
release of the Performance Bond. Upon acceptance of the Bill of Sale, the City shall release the
Performance Bond and shall accept full responsibility for the Sewer Project, except for those
maintenance obligations of Developer secured by the two-year Maintenance Bond. Upon City's
acceptance of the Sewer Improvement Project, Developer shall not be responsible for any further
costs, maintenance, or liability for the Sewer Improvement Project except as provided in the
maintenance bond. This provision survives the Termination of this Agreement.
d) Latecomers Agreement. The Parties agree that the Sewer Improvement Project
may provide public benefits to property within the City's service area and does not solely serve
the Sidney Road Property. The Parties acknowledge that Developer may, in its sole discretion,
seek approval for a latecomers agreement as provided in POMC Ch. 13.08 solely for any work that
is not eligible for the GFF Credit hereunder. Work that is eligible for the GFF Credit shall not be
subject to a latecomers agreement. The City shall review and make a final determination on any
application for a latecomers agreement submitted by Developer as provided in Chapter 13.08
POMC. At the time of this Agreement, the Parties agree that the only eligible improvement that
may be subject to a latecomers agreement is the Hovde Road gravity line connecting to the Sewer
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Improvement Project. The Hovde Road gravity line is not included in the calculation for the City's
CFC and thus is ineligible for GFF credits.
Section 10. Sewer Improvement Credits.
a) Maximum Credit. In accordance with POMC 13.04.040(6), there is a maximum
amount of the Sewer GFF credit for the Sewer Improvement Project to be built by Developer.
There are three methods for calculating the credit as defined in POMC 13.04.040(6). The lowest
of these three calculations shall serve as the Maximum Credit Amount for improvements. The
three calculation methods are set forth on Exhibit E, which is attached hereto and incorporated
herein by this reference as if set forth in full. The three credit calculations are described as follows:
1. Sewer Facility Fee Method. The Sewer Improvement Project was identified in
the GFF rate study adopted by the City as a $2,500,000.00 project that is 100%
funded by GFFs. The Sewer Improvement Project is being designed to be
expandable and to contain three (3) pumps in the future, but only two (2) pumps
shall be required by the Developer as a component of the Sewer Improvement
Project. The percentage of the facility to be used by the proposed Development
Project varies by lift station component and ranges from 17% to 35%. For the
purposes of this Agreement, the City's engineers have determined that the
Development Project as proposed will use 30% of the overall capacity in the Sewer
Improvement Project, meaning that 70% of the added capacity will be for other
customers. Therefore, under the Sewer Facility Fee method of (a) project cost of
the project as defined in the Sewer General Facility Fee multiplied by (b)
percentage of ERUs for excess capacity of the Sewer Improvement Project, the
Developer would be credited $1,750,000 (70% of $2,500,000). The Parties agree
with the accuracy and methodology of the Sewer Facility Fee method formula in
Section 10(a)(1).
2. Certified Project Cost Method. The Certified Project Cost method is determined
by (a) identifying the certified construction costs of the Sewer Improvement Project
multiplied by (b) percentage of ERUs for excess capacity of the Sewer
Improvement Project, which as defined above, was 70% of the added capacity. The
value of the land dedicated by the Developer for the Sewer Improvement Project
would be included as a separate line item in utilizing this method. The Certified
Project Cost method cannot be determined until the Parties certify the Sewer
Improvement Project costs as provided in Section 10(d) of this Agreement. The
Parties agree with the accuracy and methodology of the Certified Project Cost
method formula in Section 10(a)(2).
3. Total Sewer Facility Fee owed by Developer Method. The Total Sewer General
Facility Fee Method is determined by (a) identifying the current GFF at the time of
the Agreement (currently $8,525) and multiplying by (b) number of ERUs for
Developer needs of current Sewer Improvement Project. Based on the scope of the
Development Project that is currently in development review, there are expected to
be 12 new sewer connections serving 216 multifamily units and common areas.
These connections are expected to use 30% of the Sewer Improvement Project
GFF Credit Agreement - 6
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capacity. Therefore, under the Total Sewer Facility Fee Method, Developer would
be required to pay a total of $1,841,400.00. The Parties agree with the accuracy and
methodology of the Certified Project Cost method formula in Section I0(a)(3).
The Code requires that the total GFF credit be the lowest of the three calculated methods as set
forth above. Upon competition of the Certified Project Cost method as set forth in Section 10(d),
the City shall confirm the potential GFF Credits for the Developer. The lowest of the three
methodologies shall be the "Maximum Sewer GFF Credit" for the Developer, as authorized by
Code. At this point, the Parties anticipate that the Sewer Facility Fee Method will likely be the
Maximum Sewer GFF Credit available to Developer, however, that is subject to confirmation and
change based on the above stated methodology. Once the Maximum Sewer GFF Credit has been
achieved through credits to Developer, Developer will be required to pay any GFFs that exceed
the Maximum Sewer GFF Credit and will be required to comply with Chapter 13.04 POMC for
any further development of the Property.
b) Deferral of GFF for Development Project. It is expected that Developer would owe
a total GFF payment of $1,841,400 to the City for the Development but would receive Maximum
Sewer GFF Credit of $1,750,000 (or alternative amount as calculated by Section 10(a)). Thus,
the remaining GFF balance which is anticipated to be due at the time of building permit issuance
from the Developer to the City is $91,400. The Parties acknowledge that this amount could change
if the GFF fees are increased prior to permit issuance. Exhibit E contains the estimated credit
calculations for the GFF credit under the Code as applied to this Development Project.
The City and Developer agree that these credits are consistent with RCW 82.02.060(4) and
that they are consistent with POMC 13.04.040.
c) Payment of CFC; deferral. Unless the GFF rate changes or the Development Project
scope changes between approval of this Agreement and issuance of building permits, the
Developer will not be required to pay the full GFFs prior to building permit issuance. However,
the Developer will be required to pay the full WWTFF portion of the CFC at the time of building
permit issuance as the WWTFF portion of the CFC is not eligible for credit under the City's code.
The Developer shall pay the GFF charges as required as of the Effective Date of this
Agreement, except as deferred herein. The amount of full GFF charge required may change if
Developer changes the scope of the Development Project or if the timing of the building permits
is such that the GFF is adjusted. The Parties anticipate that the Maximum Sewer GFF Credit for
the Sewer Improvement Project as described in this Section and on Exhibit E will cover most of
the deferred Sewer GFF charge amount. The City will defer any remaining Sewer GFF owed (over
and above the $91,400 due at permit issuance), if any, as calculated in Section 10(a) above, until
just prior to issuance of the certificate of occupancy for the final residential structure in the
Development Project.
d) Certification of Project Costs. Upon completion of the Sewer Improvement Project,
Developer shall submit certified project costs to the City for review and acceptance by the City
Engineer; provided however, City shall use its best efforts to review and reach a final determination
within 30 calendar days of receipt, provided all information needed by the City to determine the
correct certified costs is included in the submittal. Once these costs and the executed Bill of Sale
GFF Credit Agreement - 7
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
Page 104 of 154
&ck to Agegft
are reviewed and accepted by the City Engineer, not to be unreasonably withheld, conditioned, or
delayed, the Maximum Sewer GFF Credit due to Developer will be established and will equal the
Maximum Sewer Project Credit as so certified in accordance with this Section 10. Certificates of
occupancy for the final residential structure in the Development Project will be withheld by the
City until the construction costs are certified and accepted by the City and any remaining Sewer
GFF fee balance has been paid; provided, however, the City shall use best available efforts to
review and certify the credits applicable to the GFF balance within 30 days of receipt.
Section 11. Dedication of Public Lands. As a condition of the permit issued by the City
for the Sewer Improvement Project, the Developer will be required to dedicate the land that it owns
that is needed to construct and access the Sewer Improvement Project as defined in Exhibits C-D.
This Agreement acknowledges that this dedication is part of the Sewer Improvement Project.
Section 12. Default.
a) Subject to extensions of time by mutual consent in writing, failure, or delay by either
Party to perform any term or provision of this Agreement shall constitute a default. In the event of
alleged default or breach of any terms or conditions of this Agreement, the Party alleging such
default or breach shall give the other Party not less than thirty (30) days' notice in writing,
specifying the nature of the alleged default and the manner in which said default may be cured.
During this thirty (30) day period, the Party charged shall not be considered in default for purposes
of termination or institution of legal proceedings.
b) After notice and expiration of the thirty (30) day period, if such default has not been
cured or is not being diligently cured in the manner set forth in the notice, the other Party to this
Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition,
the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs
as provided in the POW for violations of this Agreement and the Code.
Section 13. Assignment and Assumption. The Developer shall have the right to sell,
assign or transfer this Agreement with all rights, title, and interests therein to any person, firm, or
corporation at any time during the term of this Agreement with a sale of the underlying property.
Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or
a portion of the Property, at least 30 calendar days in advance of such action.
Section 14. Amendment to Agreement; Effect of Agreement on Future Actions. No
waiver, alteration, or modification to any of the provisions of this Agreement shall be binding
unless in writing, signed by the duly authorized representatives of the Parties, and be consistent
with Chapter 13.04 POMC. However, nothing in this Agreement shall prevent the City Council
from making any amendment to its sewer codes or rates, or its Comprehensive Plan, Zoning Code,
Official Zoning Map, or development regulations, or to impacts fees that affect the Sidney Road
Property in the same manner as other properties, after the Effective Date of this Agreement.
Section 15. General release. Developer may free itself from further obligations relating
to the sold, assigned, or transferred property, provided that the buyer, assignee, or transferee
expressly assumes the obligations under this Agreement as provided herein, including the
obligation to construct the Sidney Road Projects.
GFF Credit Agreement - 8
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
Page 105 of 154
JLack to Agegft
Section 16. Notices. Notices, demands, correspondence to the City and/or Developer (as
applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of
the parties as designated in "Written Notice" Section 24 below. Notice to the City shall be to the
attention of both the City Clerk and the City Attorney. Notices to successors -in -interest of the
Developer shall be required to be given by the City only for those successors -in -interest who have
given the City written notice of their address for such notice. The parties hereto may, from time to
time, advise the other of new addresses for such notices, demands or correspondence.
Section 17. Reimbursement for Agreement Expenses of the City. In accordance with
POMC 13.04.040(6), the Developer agrees to reimburse the City for actual expenses incurred over
and above fees paid by Developer as an applicant incurred by City directly relating to this
Agreement, including recording fees, publishing fees, attorneys' fees, and reasonable staff and
consultant costs not otherwise included within application fees, provided however, the City shall
provide written notice to Developer if the expenses to the City are anticipated to exceed Fifteen
Thousand Dollars and No Cents ($15,000.00) and the parties shall meet and confer regarding the
City's anticipated costs as provided in Section 18a. Such payment shall be made prior to Council
action on the Agreement, with an addition $2,500 deposit made to cover completion of the work
through Council review and execution. Any unused portion of the fee deposit shall be reimbursable
to the Developer. Upon payment of all expenses, the Developer may request written
acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within thirty (30)
days from the City's presentation of a written statement of charges to the Developer.
Section 18. Applicable Law, Resolution of Disputes, and Attorneys' Fees. It is the
Parties' intent to work cooperatively and to resolve disputes in an efficient and cost-effective
manner. All disputes arising out of or relating to this Agreement shall be resolved as follows:
a) Settlement Meeting. If any dispute arises between the parties relating to this
Agreement, then the parties shall meet and seek to resolve the dispute, in good faith, within ten
(10) working days after a Party's request for such a meeting. The City shall send the Mayor,
Community Development Director and/or the Mayor's designee and any persons with information
relating to the dispute, and Owner shall send an owner's representative and any consultant or other
person with technical information or expertise related to the dispute.
b) Court. If the parties cannot resolve the matter in a settlement meeting, then
jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap
County, Washington, or the U.S. District Court for Western Washington, as applicable. This
Agreement shall be governed by and construed in accordance with the laws of the State of
Washington. The non -prevailing Party in any action brought to enforce this Agreement shall pay
the other Parties' expenses and reasonable attorney's fees.
Section 19. No Third -Party Beneficiaries. Except as otherwise provided herein, this
Agreement shall not create any rights enforceable by any party who is not a Party to this
Agreement.
Section 20. Third Party Legal Challenge. In the event any legal action or special proceeding
GFF Credit Agreement - 9
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
Page 106 of 154
is commenced by any person or entity other than a Party to challenge this Agreement or any
provision herein, the City may elect to tender the defense of such lawsuit or individual claims in
the lawsuit to Developer. In such event, Developer shall hold the City harmless from and defend
the City from all costs and expenses incurred in the defense of such lawsuit or individual claims
in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation. The
Developer shall not settle any lawsuit without the consent of the City. The City shall act in good
faith and shall not unreasonably withhold consent to settle.
Section 21. Specific Performance. The parties specifically agree that damages are not an
adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific
performance of all material terms of this Agreement by any Party in default hereof.
Section 22. Severability. This Agreement does not violate any federal or state statute, rule,
regulation, or common law known; but any provision which is found to be invalid or in violation
of any statute, rule, regulation, or common law shall be considered null and void, with the
remaining provisions in the Agreement remaining viable and in effect. However, if either Party in
good faith determines that such provision or provisions which are rendered null and void are
material to its entering into this Agreement, that Party may elect to terminate this Agreement as to
all of its obligations remaining unperformed.
Section 23. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
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 and remain in full force and effect.
Section 24. Written Notice. All written communications regarding enforcement or alleged
breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified
to the contrary. Unless otherwise specified, any written notice hereunder shall become effective
upon the date of both emailing and mailing by registered or certified mail, and shall be deemed
sufficiently given if sent to the addressee at the address stated below:
SIDNEY ROAD APARTMENTS, CITY:
L.L.C..
Attn: Brianne Kelsey
601 Union Street, Suite 3500
Seattle, WA 98101
B Kelsey(atarragon. com
McCullough Hill Leary, P.S.
Attn: Ian Morrison
701 51h Avenue, Suite 6600
Seattle, WA 98104
imorri son(cr�,mhseattle. com
Mayor
City of Port Orchard
216 Prospect Street
Port Orchard WA 98366
rputaansuukcityofportorchard.us
Copies shall also be transmitted to the City
Clerk and City Attorney at the above
address.
Section 25. Time is of the essence. All time limits set forth herein are of the essence. The
Parties agree to perform all obligations under this Agreement with due diligence.
GFF Credit Agreement - 10
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
Page 107 of 154
Section 26. Covenant of Good Faith and Cooperation. The Parties agree to take further
actions and execute further documents, either jointly or within their respective power and
authority, to implement the intent of this Agreement. Each Party covenants to use its best efforts
and work cooperatively in order to secure the benefits and rights under this Agreement. The
Parties shall not unreasonably withhold approvals or consents provided for in this Agreement.
Each Party shall execute and deliver to the other all further documents as are reasonably necessary
to carry out this Agreement, including the Improvement Projects and Development Project, as may
be necessary to provide a Party with a full and complete enjoyment of its rights and privileges
under this Agreement.
Section 27. Interpretation. This Agreement has been reviewed and revised by legal
counsel for both Parties, and no presumption or rule construing ambiguity against the drafter of
the document shall apply to the interpretation or enforcement of this Agreement.
Section 28. Counterparts. The Agreement may be signed in two or more counterpart
copies with the same effect as if the signature of each counterpart copy were on a single instrument.
Each counterparty shall be deemed as an original as to the Party whose signature it bears, and all
such counterparts shall constitute one document.
Section 29. Entire Agreement. The written provisions and terms of this Agreement,
together with the Exhibits attached hereto and the codes referenced herein, shall supersede all prior
verbal statements of any officer or other representative of the parties, and such statements shall
not be effective or be construed as entering into or forming a part of or altering in any manner
whatsoever, this Agreement. The entire agreement between the parties with respect to the subject
matter hereunder is contained in this Agreement and exhibits thereto.
IN WITNESS WHEREOF, the parties have executed this Agreement on this day of _
, 2021.
SIDNEY ROAD APARTMENTS, L.L.C. CITY OF PORT ORCHARD
By: Investco L.L.C.
Its: Manager
By:
Martin D. Waiss
Its: President
APPROVED AS TO FORM:
Ian Morrison
Attorney for Sidney Road
GFF Credit Agreement - 11
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
Lo
Rob Putaansuu
Its: Mayor
APPROVED AS TO FORM:
Jennifer S. Robertson
Attorney for Port Orchard
Page 108 of 154
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GFF Credit Agreement - 12
Sidney Road Apartments, L.L.C.
1364367.2 - 099998 -0098
ATTEST:
Brandy Rinearson
Port Orchard City Clerk
Page 109 of 154
Back to Agenda
SIDNEY ROAD APARTMENTS
LEGAL DESCRIPTION
TAX PARCEL NUMBER: 112301-2-053-2007
THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER, SECTION 11, TOWNSHIP 23 NORTH, RANGE 1
EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THAT PORTION
LYING NORTHERLY OR EASTERLY OF THE COUNTY ROAD TO PORT
ORCHARD; AND EXCEPT THAT PORTION LYING EASTERLY OF A LINE
PARALLEL TO AND 10 FEET WEST OF THE CENTERLINE OF THE
PRESENT COURSE OF BLACKJACK CREEK; ALSO EXCEPT THAT
PORTION CONVEYED TO THE STATE OF WASHINGTON UNDER
AUDITOR'S FILE NO. 1153269; TOGETHER WITH THAT PORTION PER QUIT
CLAIM DEED RECORDED UNDER AUDITOR'S FILE NO. 201107260315,
DESCRIBED AS FOLLOWS: THAT PORTION OF LOT C OF SHORT PLAT NO.
PO-74, RECORDED UNDER AUDITOR'S FILE NO. 9212310158 (S-1066)
LYING SOUTH OF THE ROAD KNOWN AS SW HOVDE COUNTY ROAD, ALL
LYING WITHIN THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP
23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. »»>
ALSO THAT PORTION OF THE SOUTH TEN (10) ACRES OF THE NORTH
FIFTEEN (15) ACRES OF THE WEST HALF OF THE NORTHWEST QUARTER
OF THE NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 23 NORTH,
RANGE 1 EAST, W.M., LYING SOUTH OF THE COUNTY ROAD; EXCEPT THE
SOUTH 190 FEET OF THE WEST 180 FEET AND EXCEPT SIDNEY ROAD ON
THE WEST LINE; EXCEPT THAT PORTION OF THE FOLLOWING RIGHT-OF-
WAY PER AUDITOR FILE NO 9205220166 DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER OF SAID SECTION 11; THENCE ON A BEARING OF NORTH
ALONG THE WEST LINE THEREOF 1845.61 FEET TO THE TRUE POINT OF
BEGINNING; THENCE CONTINUING ON A BEARING OF NORTH ALONG
SAID LINE 517.47 FEET TO THE CENTERLINE OF HOVDE ROAD (COUNTY
ROAD #146); THENCE SOUTH 36*41'40 EAST ALONG SAID CENTERLINE
100.89 FEET; THENCE SOUTH 40*02'44 EAST CONTINUING ALONG SAID
CENTERLINE 92.40 FEET; THENCE SOUTH 49*57'16 WEST 20.00 FEET TO
THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHWEST WHOSE
RADIUS POINT BEARS SOUTH 49*57'16 WEST 45.00 FEET; THENCE
NORTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF 70.69 FEET
THROUGH A CENTRAL ANGLE OF 90*00'00 TO THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 30.91 FEET;
Page 110 of 154
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THENCE SOUTHWESTERLY ALONG SAID CURVE AN ARC DISTANCE OF
26.95 FEET THROUGH A CENTRAL ANGLE OF 49*57'16 ; THENCE ON A
BEARING OF SOUTH 334.06 FEET TO THE NORTH LINE OF THE SOUTH
190 FEET OF SAID SOUTH 10 ACRES; THENCE SOUTH 88*35'08 WEST
ALONG SAID NORTH LINE 30.01 FEET TO THE TRUE POINT OF
BEGINNING. »»> ALSO THE SOUTH 190 FEET OF THE WEST 180 FEET
OF THE NORTH 5 ACRES OF THE SOUTH 10 ACRES OF THE WEST HALF
OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP
COUNTY, WASHINGTON; EXCEPT THE WEST 30 FEET THEREOF, PER
AUDITOR FILE NO. 9205220164 FOR SIDNEY ROAD RIGHT OF WAY.
»»» ALSO THAT PORTION OF THE SOUTH 5 ACRES OF THE WEST
HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 11, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP
COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE
SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE EASTERLY ALONG
THE SOUTHERLY LINE THEREOF, 142 FEET TO THE TRUE POINT OF
BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE NORTHERLY
PARALLEL TO THE WESTERLY LINE OF SAID SUBDIVISION, 158 FEET;
THENCE EASTERLY PARALLEL TO THE SOUTHERLY LINE OF SAID
SUBDIVISION, 8 FEET; THENCE NORTH PARALLEL TO THE WESTERLY
LINE OF SAID SUBDIVISION, 92 FEET; THENCE WESTERLY PARALLEL TO
THE SOUTHERLY LINE OF SAID SUBDIVISION, 150 FEET TO THE
WESTERLY LINE THEREOF; THENCE NORTHERLY ALONG SAID
WESTERLY LINE TO THE NORTHERLY LINE OF SAID 5 ACRE TRACT;
THENCE EASTERLY ALONG SAID NORTHERLY LINE TO THE EASTERLY
LINE OF THE WEST HALF OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER; THENCE SOUTHERLY ALONG SAID EASTERLY
LINE TO THE SOUTHERLY LINE THEREOF; THENCE WESTERLY ALONG
SAID SOUTHERLY LINE TO THE TRUE POINT OF BEGINNING; EXCEPT
SIDNEY ROAD.
Page 111 of 154
Back to Agenda
I
SW HOVDE RD
LIFT STATION
0 150' 300'
ool000
I
000l000 �.
o
• DETENTION POND
4P
SITE PLAN
1"=150'
L-----------------------------------------
Page 112 of 154
Back to Agenda
n
SCALE: 1" = 100'
100 50 0 100 zoo
II 9'
a \ `
6" SANITARY SEWER FORCE MAIN
10" SANITARY SEWER MAIN
p
r
�a I BLDG K ---' ----
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ISIDNEY ROAD APARTMENTS PROJECT, BLDG F o
I III I �rPARCEL NO. 1 12301-2-006-2
a
SEWER PUMP STATION
HOVDE SANITARY SEWER & LIFT STATION
Page 113 of 154
Exhibit D "'M">
murraysm►rth
Technical Memorandum
Date: April 1, 2021
Project: 20-2887
To: Mark Dorsey, P.E., Jacki Brown, Ian Smith, P.E.
City of Port Orchard
From: Peter Cunningham, P.E.
Reviewed By: Adam Schuyler, P.E.
Re: Basin 7 North Flow Projections
Introduction
There is significant interest in developing along the Sidney corridor in the City of Port Orchard
(City). A developer is interested in building the North Sidney Lift Station (NSLS) to serve the area
north of Ruby Creek. The proposed service area is shown in Figure 1. The purpose of this
memorandum is to identify and document the required capacity and requirements to properly
size the pumps, piping, and wet well through the basin build -out conditions.
Project No. 20-2887 PYgagfI t 8Tf54 Basin 7 Flow Projections
April 2021 City of Port Orchard
Back to Agenda
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Project No. 20-2887 PT919F1� 8f §4 Basin 7 Flow Projections
April 2021 City of Port Orchard
Back to Agenda
murraysm�7h �
Population and Flow Projections
Assumptions and Calculations
The City's Planning Department provided a range of projected future Equivalent Residential Units
(ERU). These ranged from 319 and 1,136 ERUs, with the most probable scenario being
approximately 423 ERUs. Unit flows and peaking factors from the 2016 General Sewer Plan (GSP),
used to calculated sewer flows, are shown in Table 1.
Table 1
Flow Assumptions
Population/ERU
ERU/Multifamily unit
Flow/capita (gallons per capita/day)
Peak Day Infiltration and Inflow (II) (gallons per day)
Sanitary Sewer Peak Hour Factor'
II Peak Hour Factor
1. Applies to sanitary sewer flow only
2. Applies to II flow only
2.5
0.75
78
1,100
1.41
2.05
Flows calculated using the projected ERUs and unit flows from the GSP are shown in Table 2.
Table 2
Flow Projections
Low -
75.5
58
101
179
High 1,136 2,839
154 75.5
58
211
335
Probable 423 1,058
57 75.5
58
115
199
1. Multifamily units are counted as 0.75 ERUs
2. gpm = Gallons per minute
Peak hour flows were also calculated using the Department of Ecology's peaking factor from the
Criteria for Sewage Works Design (Orange Book). These are shown in Table 3.
Project No. 20-2887 Pag19fY1i 8Tf54 Basin 7 Flow Projections
April 2021 City of Port Orchard
Table 3
Peak Hour Flow using Peaking Factors
Low
319
798
43
3.9
167
High
1,136
2,839
154
3.5
532
Probable
423
1,058
57
3.8
217
Sidney Road
162
405
22
4.0
88
Apartments
Recommended Design Flows
For most scenarios, the method of calculating the peak flow results in similar results. For the high
development scenario, however, there is significantly more flow when calculated with a peaking
factor. It is recommended that infrastructure that is more difficult and expensive to replace, such
as the wet well and influent gravity pipes, be designed around a peak hour flow rate of 550 gpm.
Sizing Criteria and Recommendations
Pumps
The pump station should be a triplex configuration with two pumps installed initially and a third
pump slot for future expansion. The two -pump configuration should be able to convey a minimum
of 250 gpm with one pump out of service.
The pump selection and hydraulic analysis needs to include pumping through the existing 6-inch
diameter Albertsons Lift Station (ALS) force main and the impacts to the ALS.
The pumps should be equipped with variable frequency drives (VFDs) to provide more consistent
flow to the downstream Pottery Pump Station.
Gravity Piping
Gravity piping should be designed to accommodate the most conservative future flow estimate of
550 gpm. Assuming a slope of 0.4 ft/ft and PVC piping, a 10-inch pipe will be adequate. The design
engineer should review the pipe alignment and sizing to ensure capacity, as well as scouring
velocities during typical flows.
Force Main
Force main piping should be designed to maintain velocities between 2 and 8 feet per second (fps).
Force main recommendations are shown in Table 4.
Project No. 20-2887 P8gagfY11 8f %4 Basin 7 Flow Projections
April 2021 City of Port Orchard
Back to Agenda
Table 4
Recommended Force Main Sizing
Pipe m�piarneter (in)
Vertical discharge piping 4
Piping for single pump 4 or 6
Common piping
Wet Well
The wet well should be sized to accommodate three pumps for a future peak hour flow of 550
gpm. In addition to being large enough to physically fit three pumps, the number of starts per hour
needs to be below that recommended by the pump manufacturer for the selected pump.
Basin 7 Project Phasing
North Sidney Lift Station and Associated Improvements
The NSLS will be constructed as part of the Sidney Road Apartments. It will connect to the existing
6-inch ALS force main. Impacts to the ALS and grinder pumps connected to the 6-inch AILS force
main should be monitored after construction is complete and NSLS is in operation.
The NSLS needs to accommodate flows from throughout the basin and minimize future
construction in the roadway. Therefore, the following additional improvements are required when
the NSLS is constructed:
■ 10-inch gravity sewer along the frontage up to the intersection of Hovde and Sidney Road
SW.
■ Install sewer laterals to the property line along the gravity sewer alignment to avoid cutting
into roadway in the future.
■ 10-inch dry force main, capped at both ends, along the entirety of the frontage of Parcels
112301-2-053-2007 and 112301-2-009-2002, and north to the termination of the new 10-
inch gravity sewer. This improvement may be deferred to a later date if it is determined
that the preferred location of this force main is to be in the western half of the Sidney Road
SW right of way.
Albertsons Lift Station Improvements
Improvements to the ALS are currently being planned to increase the capacity and reliability and
to serve the Stetson Heights development. Improvements to this lift station will need to be
designed to avoid overwhelming the grinder pumps connected to the ALS force main.
Project No. 20-2887 PTgagfi1 8Tf54 Basin 7 Flow Projections
April 2021 City of Port Orchard
Back to Agenda
South Sidney Lift Station and Associated Improvements
As development south of Ruby Creek occurs, a new South Sidney Lift Station (SSLS) will be
constructed to serve Basin 7 south of Ruby Creek. A gravity sewer will be constructed in Sidney
Road to divert flow from the ALS towards the SSLS. A new 10-inch force main will be constructed
to serve the lift station and will discharge to the gravity sewer north of SR-16.
After construction of the SSLS and associated gravity sewer and force main, the only flow in the 6-
inch force main will be from the ALS, grinder pumps, and the NSLS. As flows to the NSLS increase,
the ALS and grinder pumps may experience a reduction of capacity due to an increase in dynamic
head loss in the force main. If the decrease in capacity overwhelms the ability to keep up with
peak flows, the ALS and grinder pumps will need to be connected to the gravity sewer upstream
of the SSLS. Due to changes in hydraulics, this may require converting or replacing the ALS with a
grinder pump station. These changes should be evaluated in more detail during design of the SSLS.
Sidney Road Apartments NSLS Capacity Share
The NSLS will be constructed as part of the Sidney Road Apartments project. As described above,
it will be sized to serve the entire basin. The mechanical and electrical equipment will be sized for
the probable development projections, and the wet well and gravity sewer will be sized for the
high development scenario.
Sidney Road Apartments will use approximately 35 percent of the capacity of the mechanical and
electrical equipment and 17 percent of the wet well and gravity sewer capacity. Although opinions
of project cost have not been developed, the mechanical and electrical equipment will likely
account for 70 percent of the total project cost, and the wet well and gravity sewer the remaining
30 percent. Using a weighted average, the Sidney Road Apartments will use approximately 30
percent of the NSLS capacity.
Project No. 20-2887 PYgagfY158Tf54 Basin 7 Flow Projections
April 2021 City of Port Orchard
Back to Agenda
Exhibit E to GFF Credit Agreement
Sidney Road Apartments, L.L.C.
The maximum credit shall be the lesser of a., b., c. methods below:
a.
Maximum Sewer General Facility Fee Method available for credit:
($2,500,000 x 70%)
$ 1, 750,000
b.
Certified Project Cost Method available for credit:
(Certified Construction Cost x 70%)
TBD
C.
Total Sewer General Facility Fee owned by Developer (estimated)
($8,525 x 216)
$ 1,841,400
Criteria for Sewer General Facility Fee Credit Calculation
Per POMC 13.04.040
Sewer GFF Credit Evaluation Data &
Inputs
1.
Verify the proposed project was included in the Sewer General Facility
Fee Amt
Sewer Comprehensive Plan #6-5C
(Ord. 008-21) & (See Exhibits C and D)
2.
Identify the project cost established for this project in the Sewer
General Facility Fee
$ 2,500,000
3.
Identify and agreed upon ERU's for the Facility and agreement*
423
a.
Number of ERU's agreed for Developer needs of the total facility*
127
b.
Percentage ERU's for Developer needs of the total facility*
30%
c.
Number of ERU's agreed for Excess Capacity of the total facility*
296
d.
Percentage ERU's for Excess Capacity of the total facility*
70%
4.
Identify the Certified Construction Cost (including dedicated land value)
TBD
5.
Identify current Sewer General Facility Fee at time of agreement
$ 8,525
6.
Identify and agree est. Sewer General Facility Fee Connections to be
paid by Developer for this agreement*
216
*
Derived from Technical Memo
See Exhibit D
Page 120 of 154
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
Subject: Adoption of a Resolution Approving a Contract
With Apply -A -Line, LLC for the 2021 Road
Road Striping Project
Back to Agenda
Meeting Date: May 11, 2021
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No:
Atty Review Date;
366922.0009 — PW
May 6, 2021
Summary: On April 6, 2021, the City established a list of qualified contractors from the 2021 MRSC Small Works
Roster for the Main Category; Roadway Construction, Repair and Maintenance and Sub -Category; Pavement
Marking, to perform the 2021 Road Striping Project (see attached Resolution as Exhibit A). On April 8, 2021,
and pursuant to Resolution No. 019-17 (see Section 5 — Bid Procedures), the City's Public Works Department
emailed an Invitation to Bid for 2021 Road Striping Project to five (5) qualified contractors on the list. Three (3)
bids were received by the deadline, at which time Apply -A -Line, LLC was deemed the presumed responsive and
qualified low bidder. Final bid amounts were as follows:
Name of Contractor
Bid Total
Apply -A -Line, LLC
$58,062.15
Specialized Pavement Marking
$69,786.77
Stripe Rite
$77,119.32
On April 27, 2021, the City's Public Works Department Staff completed the MRSC Mandatory Bidder
Responsibility Checklist and determined that the Apply -A -Line, LLC bid of $58,062.15 (applicable tax included)
was the lowest responsive and qualified bid. The Public Works Department has confirmed that the bidding
procedures for Public Works have been followed.
Relationship to Comprehensive Plan: Chapter 8 — Transportation
Recommendation: Staff recommends that the City Council adopt Resolution No. 032-21, authorizing the
Mayor to execute Contract No. C051-21 with Apply -A -Line, LLC for the 2021 Road Striping Contract in the
amount of $58,062.15 (applicable tax included.)
Motion for Consideration: I move to adopt Resolution No. 032-21, authorizing the Mayor to execute Contract
No. C051-21 with Apply -A -Line, LLC for 2021 Road Striping in the amount not to exceed $58,062.15
(applicable tax included).
Fiscal Impact: A budget amendment will be required.
Alternatives: Do not approve.
Attachments: Resolution No. 032-21, Ex. A— MRSC Roster, and Small Works Contract No. C051-21.
Page 121 of 154
Back to Agenda
RESOLUTION NO. 032-21
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
SMALL WORKS CONTRACT NO. C051-21 WITH APPLY -A -LINE, LLC FOR THE 2021
ROAD STRIPING PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS
ROSTER PROCUREMENT PROCEDURES.
WHEREAS, as performed annually since 2013 the Municipal Research and Services
Center of Washington (MRSC) solicited on behalf of participating local government agencies
within Washington State (including the City of Port Orchard), for the 2021 MRSC Small Public
Works Roster; and
WHEREAS, on April 6, 2021, pursuant to RCW 39.04.155, the City's Public Works
Department established a roster of qualified contractors from the 2021 Small Works Roster, a
copy of which is attached hereto as Exhibit A, for the Main Category — Roadway Construction,
Repair and Maintenance and Sub -Category — Pavement Markings; and
WHEREAS, on April 8, 2021, and pursuant to Resolution No. 019-17, Section 5.0 Bid
Procedures, the City's Public Works Department issued an email Invitation to Bid for 2021 Road
Striping to the contractors on the selected roster; and
WHEREAS, on April 23, 2021, the City's Public Works Department received three (3)
bids, and Apply -A -Line, LLC was the apparent responsive and qualified low Bid for the 2021
Road Striping Project; and
WHEREAS, on April 27, 2021, the City's Public Works Department completed the MRSC
Mandatory Bidder Responsibility Checklist and confirmed Apply -A -Line, LLC as the lowest
responsive and qualified bidder; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
THAT: The Port Orchard City Council approves of and authorizes the Mayor to execute
Contract No. C051-21 with Apply -A -Line, LLC for the 2021 Road Striping Project.
Page 122 of 154
Back to Agenda
Resolution No. 032-21
Page 2 of 2
THAT: The Resolution shall take full force and effect upon passage and signatures
hereon.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and
attested by the City Clerk in authentication of such passage on this 11t" day of May 2021.
ATTEST:
Brandy Rinearson, MMC, City Clerk
Robert Putaansuu, Mayor
Page 123 of 154
Ex A
Back to Agenda
Public Agency Name:
City of Port Orchard
Roster Type:
Small Works Roster
Date:
04/06/2021
Time:
05:05 pm
Main Category:
Roadway Construction, Repair, and Maintenance
Sub -Category:
Pavement Markings
A.C. Moate Industries, Inc
A 1 asphalt paving Inc
AA Asphalting LLC
Action Services Corporation
Active Construction Inc.
Adopt A Stream Foundation
Agate Asphalt
Altus Traffic Management LLC dba Statewide Safety Systems
Apply -A -Line, LLC,
Arrow Concrete & Asphalt Specialties, Inc,
Asphalt Patch Systems Inc
Barcott Construction LLC
Beisley Enterprises LLC
Benjamin Asphalt, Inc.
Boomtown Services, LLC
Ceccanti, Inc.
Central Paving LLC
Clarity Construction Inc,
Clark And Sons Excavating INC
Coatings Northwest LLC
company- Barrera's Paving Contractors LLC
CR Contracting
DeAngelo Brothers, LLC
Element Homes lk
Emerald Paving, Inc
FORMA Construction Company
Freedom Boring & Excavating
G.A. Jorgensen Company Inc
Global Coatings LLC
Green Earthworks Construction, Inc.
Grentar Construction
Huber General Contractors Inc
HUIZENGA ENTERPRISES LLC
Iron Creek Construction LLC
Page 124 of 154
Back to Agenda
M.M. Construction, Inc.
J. Linder Painting, LLC
James Lynch Construction
Jammiek Environmental Inc
JENSEN GROUP LLC
Kuchan Construction Inc.
Lakeridge Paving Co., LLC
Liden land Development & Excavation INC
Marshbank Construction, Inc.
McCann Construction Enterprises, Inc.
MC Excavating LLC
Michael Green Construction, Inc.
Mills General LLC
Nordvind Company
Northern Asphalt LLC
Northshore Paving Inc
Northwest Asphalt, Inc.
Nwitmeu STnokno & SedgnV L if
NorthwestTrafflc, Inc.
N P M Construction Co.
NW Construction General Contracting, Inc.
Nys Enterprises
Oceanside Construction, Inc.
Pacific Tech Construction
Palrmmaster Services Inc.
Pape & Sons Construction, Inc.
Pavement Markings Inc
Pavement Surface Control
Pony Up Parking Lots, Inc
Puget Paving & Construction, Inc.
Purcell P & C, LLC
Quality Coating Ent LLC
Quality Painting NW LLC
Rallworks Track Systems
Rainbow Sweepers, Inc "RSI"
Ralnler Asphalt and Concrete
Rains Contracting Inc
Ram Construction General Contractors, LLC
Page 125 of 154
Back to Agenda
Raptor Excavating and Contracting LLC
RAZZ Construction, Inc
R C Walsh & Company LLC
RC Zeigler Company Inc
Reign City Services LLC
Rhlzorspainting lk:
Road Construction Northwest, Inc
Road Products, Inc
ROGNLINS INC.
SeaSay Building Group, LLC
SEALTECH ASPHALT, INC.
Signature General Construction Inc.
Sound Vanguard Solutions
South Sound Contractors
�-Lwvabzed PaYU,ncnr l vAin& IM
Stanley Patrick Striping
STATEWIDE PARKING LOT SERVICE INC
Strlpe-A-Lot
Superior Asphalt Maintenance Inc.
Surface Prep & Maintenance
Swofford Excavating
Talakal Construcdon,LLC
Taylor pro LLC
The Westsound Company LLC
Transblue
TRICO Companies, LLC
lilnity Contractors Inc.
Triple Eight Construction
Valdez Construction. Inc
Welch Brothers Construction Inc
Welwest Construction Inc.
WULUS CONSTRUCTION INC
Wyatt Construction
Page 126 of 154
Back to Agenda
Page 127 of 154
&ck to Agenda
and
CITY OF PORT ORCHARD SMALL WORKS OVER $35K
CONSTRUCTION CONTRACT NO. C051-21
PUBLIC WORKS PROJECT NO. PW2021-012
THIS Agreement is made effective as of the 1 lth day of May, 2021, by and between
CITY OF PORT ORCHARD, WASHINGTON ("CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
Apply -A -Line, LLC
175 Roy Rd SW Ste C
Pacific. WA 98047-2150
Contact: Mike Susner
Email: sus&gpplyaline.com
for the following Project:
("CONTRACTOR")
Phone: 253.299.1200
2021 City Road Striping Project
The City and Contractor agree as follows:
1. Contract Documents. The Contractor shall complete the Work described in the Contract
Documents for the Project. The following documents are collectively referred to as the
"Contract Documents":
a. This Agreement signed by the City and the Contractor;
b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal
Construction, 2018 edition, together with APWA Supplement (1-99), subject to specific
provisions contained within the Public Works Terms and Conditions;
c. The attached Special Provisions, Plans and Specifications;
d. 2015 International Building Code (IBC) and 2015 Energy Code Compliance;
e. Written change orders or orders for minor changes in the Work issued after execution of
this Agreement;
f. Public Works Terms and Conditions;
g. Insurance and Bonding Requirements;
City of Port Orchard and Apply -A -Line, LLC
Public Works Project No. PW2021-012
Small Works Contract No. C051-21
Rev 5/1/2020
Pa age°G�of 154
h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when
inconsistent with Contract Documents a-g; and
i. City of Port Orchard Development Guidelines.
The intent of the Contract Documents is to include all items necessary for the proper execution
and completion of the Work by the Contractor. These Contract Documents complement each other
in describing a complete work. Any requirement in one document binds as if stated in all. The
Contractor shall provide any work or materials clearly implied in the Contract even if the Contract
does not mention it specifically.
2. Date of Commencement and Substantial Completion Date. The date of commencement
shall be August 16, 2021. The Contractor shall substantially complete the Work not later than
September 30, 2021, subject to adjustment by change order.
3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance
with the above described Construction Contract Documents. The Contractor shall provide and
bear the expense of all equipment, work, and labor of any sort whatsoever that may be required
for the transfer of materials and for constructing and completing of the work provided for in
these Construction Contract Documents, except those items mentioned therein to be furnished
by the City.
4. Subject to additions and deductions by change order, the construction Contract Sum is the base
bid amount of $58,062.15 (including applicable sales tax.) The construction Contract Sum
shall include all items and services necessary for the proper execution and completion of the
work. The City hereby promises and agrees with the Contractor to employ, and does employ
the Contractor to provide the materials and to do and cause to be done the work described in
the Construction Contract Documents and to complete and finish the same according to the
plans and specifications and the terms and conditions herein contained; and hereby contracts
to pay for the same at the time and in the manner and upon the conditions provided for in this
Contract.
5. The Contractor agrees to comply with all state and federal laws relating to the employment of
labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and
in the amounts set forth in the Construction Contract Documents.
6. The Contractor agrees to repair and replace all property of the City and all property of others
damaged by himself, his employees, and sub -contractors.
7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns,
does hereby agree to the full performance of all the covenants herein upon the part of the
Contractor.
8. It is further provided that no liability shall attach to the City of Port Orchard by reason of
entering into this Construction Contract, except as expressly provided herein.
City of Port Orchard and Apply -A -Line, LLC
Public Works Project No. PW2021-012
Small Works Contract No. C051-21
Rev 5/1/2020
Pa age°G�of 154
da
9. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and
successors in interest agrees as follows:
1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to
time, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Contractor, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age,
disability, income -level, or LEP in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor will not participate directly or
indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in
Appendix A, attached hereto and incorporated herein by this reference, including employment
practices when this Agreement covers any activity, project, or program set forth in Appendix B of
49 C.F.R. part 21.
Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Contractor of the Contractor's
obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination
on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP.
4. Information and Reports: The Contractor will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its
books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Contractor is in the exclusive possession of
another who fails or refuses to furnish the information, the Contractor will so certify to the City or
the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
1. withholding payments to the Contractor under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor
City of Port Orchard and Apply -A -Line, LLC
Public Works Project No. PW2021-012
Small Works Contract No. C051-21
Rev 5/1/2020
Pa age°G�of 154
will take action with respect to any subcontract or procurement as the City or the FHWA may
direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,
that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or
supplier because of such direction, the Contractor may request the City to enter into any litigation
to protect the interests of the City. In addition, the Contractor may request the United States to
enter into the litigation to protect the interests of the United States.
IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed
on the date first written above.
CITY OF PORT ORCHARD CONTRACTOR
Robert Putaansuu, Mayor
By:
Its:
ATTEST/AUTHENTICATE:
Brandy Rinearson, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte A. Archer, City Attorney
City of Port Orchard and Apply -A -Line, LLC
Public Works Project No. PW2021-012 Rev 5/1/2020
Small Works Contract No. C051-21
Pa age°'I Pof 154
Pack to Agenda
CERTIFICATE AS TO CORPORATE PRINCIPAL
I, (Corporate Officer (Not Contract Signer))
certify that I am the (Corporate Title) of the
corporation named as the Contractor in the Agreement attached hereto; that
, (Contract Signer) who signed said Agreement on behalf
of the Contractor, was then (Corporate Title) of said corporation;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
Corporate Seal
Corp. officer signature (not contract signer)
Printed
Title
State of )
County of )
, (corporate officer (not contract signer)) being
duly sworn, deposes and says that he/she is (Corporate Title)
of (Name of Corporation)
Subscribed and sworn to before me this day of , 20
City of Port Orchard and Apply -A -Line, LLC
Public Works Project No. PW2021-012
Small Works Contract No. C051-21
Notary Public (Signature)
Notary Public (Print)
My commission expires
Rev 5/1/2020
Pa age°'I 2of 154
Back to Agenda
CITY OF PORT ORCHARD
PUBLIC WORK PROJECT TERMS AND CONDITIONS
The following terms and conditions shall be used in conjunction with the Standard Specifications
for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement
(Section 1-99), as issued by the Washington State Department of Transportation and American
Public Works Association, Washington State Chapter, hereinafter referred to as the "standard
specifications". The standard specifications, except as they may be modified or superseded by
these provisions, shall govern all phases of work under this Contract, and they are by reference
made an integral part of these specifications and Contract as if herein fully set forth.
When the provisions of the standard specification conflict with the terms and conditions as
contained herein, the terms and conditions shall prevail.
1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor"
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. "Bidder" means the person, firm or corporation that has made an
offer in response to the invitation to bid. "Work" means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate
of registration per chapter 18.27 RCW; a current state unified business identifier number; and if
applicable, industrial insurance coverage for the bidder's employees working in Washington, an
Employment Security Department number, and a state excise tax registration number. In addition,
the bidder must not be disqualified from bidding on any public works contracts under RCW
39.06.010 or 39.12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law.
Bidders are warned to take into consideration statutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in making their bids. It is the sole responsibility of the bidder to insure that the
appropriate labor classification(s) are identified and that the applicable wage and benefit rates are
taken into consideration when preparing their bid according to these specifications. The Contractor
shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent
to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their
requirements. The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms.
5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in
the Attachment entitled "Insurance Requirements."
6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents
will be by written addenda only.
City of Port Orchard and Apply -A -Line, LLC
Public Works Project No. PW2021-012
Small Works Contract No. C051-21
Rev 5/1/2020
Pa�5ge 'I ,4�of 154
7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby
proposes to perform all work for this project in strict accordance with the Contract Documents, at
the Contract Sum, and within the time set forth herein with the understanding that time is of the
essence in the performance of this Contract.
8. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid
item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate,
when applicable.
9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error.
10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees
required in the performance of this Contract, including those charged under RCW 39.12.070 by
the Department of Labor and Industries for the approval of statements of intent to pay prevailing
wages and the certification of affidavits of wages paid, etc. The Department may also charge fees
to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The
Contractor is responsible for all fees resulting from these statutes.
11. CONTRACT: The Contract Documents ("Contract"), when properly signed, will be the only
form that will be recognized by the City as an award. The executed Contract supersedes all
previous communications and negotiations, except as referenced herein, and constitutes the entire
agreement between the City and Contractor (parties), except as provided herein. The Contractor
shall not make any changes, alterations, or variations in the terms of the Contract without the
written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the
City unless accepted in writing by the City. The successful bidder may not assign the Contract
resulting from this invitation to bid without the City's prior written consent. No waiver by the City
of a breach of any provision of the terms and conditions outlined in the invitation to bid shall
constitute a waiver of any other breach of such provision or of any other provisions.
12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either
party believes that a change is necessary, then the parties shall comply with the following
procedure to document and reflect a change in the Work: (a) The party requesting the change shall
write a description of the change and give the description to the other party (the "Change Notice");
(b) Before proceeding with the change in Work, unless otherwise excused by emergency, the
Contractor shall provide the City with a fixed -price written estimate of the cost and time impact
of the change in Work; and (c) The City and the Contractor shall execute a Change Order
confirming their agreement as to the change in Work, the fixed -price cost, and the extension of the
Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed -price
basis, the Change Order shall identify the agreed method of compensation.
13. CHANGE DIRECTIVES: A "Change Directive" is a written order signed by the City,
directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or
Substantial Completion Date, or both. The City may by Change Directive, without invalidating the
Contract, order changes in the Work within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being
adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on
the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly
proceed with the change in the Work and advise the City of its agreement or disagreement with
the proposed method for determining the proposed adjustment in the Contract Sum and/or
Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed
by the Contractor indicates agreement with all terms set forth in the Change Directive. Such
agreement shall be effective immediately and shall be recorded as soon as practical with a Change
City of Port Orchard and Apply -A -Line, LLC
Public Works Project No. PW2021-012
Small Works Contract No. C051-21
Rev 5/1/2020
Pa age°'I34f 154
Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial
Completion Date, if any, then either party may submit the matter for determination in accordance
with Section 21.
14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor
changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial
Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly
carry out such written orders for minor changes in the Work.
15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full
compliance with all applicable local, state or federal laws and regulations and agrees to indemnify
and defend the City against any loss, cost, liability or damage, including reasonable attorney's
fees, by reason of successful bidder's violation of this paragraph.
16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be
rendered or performed entirely at the Contractor's own risk. The Contractor shall defend,
indemnify and hold the City, its officers, officials, employees and volunteers harmless from any
and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in
connection with the performance of this Contract, except for injuries and damages caused by the
sole negligence of the City. Should a court of competent jurisdiction determine that this Contract
is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence of the
Contractor and the City, its officers, officials, employees and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER
SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF
THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY NEGOTIATED BY
THE PARTIES. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE
EXPIRATION OR TERMINATION OF THIS CONTRACT.
17. TERMINATION: This Contract may be terminated in whole or in part, without penalty to the
City, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by
the Contractor of any of the obligations or requirements set forth in the Contract Documents which
would, at the option of the City, require the Contractor to assume liability for any and all damages,
including the excess of re -procuring similar products or services; 3) for convenience of the City;
or 4) by the City for non -appropriation of funds.
18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions
contained herein, the City, without cause, may terminate the Contract between the parties by
providing notice to the Contractor. Upon termination under this section: 1) All remaining
obligations of the parties are discharged, but any right based upon breach or performance occurring
prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor
prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the
City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City
to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by
the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such
excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or
3), above, shall constitute full payment and consideration for the services performed by the
Contractor prior to termination.
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19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with
these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to
the contrary.
20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City
along with monthly invoices in a format acceptable to the City for work performed to the date of
the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If
the services rendered to not meet the requirements of the Contract, Contractor will correct or
modify the work to comply with the Contract. City may withhold payment for such work until the
work meets the requirements of the Contract.
21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties
agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to
resolve any dispute promptly through negotiation. Either party may give the other party written
notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement
of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties
shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the
parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The
cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the
mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute,
the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation
Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties
may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected
pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The
arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to
conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the
parties may agree after consulting with JAMS.
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CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
The Contractor shall procure and maintain for the duration of the Contract with the City, 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 Contractor, their agents, representatives,
employees and subcontractors.
No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as
required herein shall not be construed to limit the liability of the Contractor to the coverage
provided by such insurance, or otherwise limit the City's recourse to any remedy available at law
or in equity.
Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below:
• Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles.
Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute
form providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage.
• Commercial General Liability insurance shall be written on ISO occurrence form CG 00
01 and shall cover liability arising from premises, operations, stop gap liability,
independent contractors, products -completed operations, personal injury and advertising
injury and liability assumed under an insured contract. The Commercial General Liability
insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form
CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or
modification of the Commercial General Liability Insurance for liability arising from
explosion, collapse or underground property damage. The City shall be named by
endorsement as an additional insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the City using ISO Additional
Insured endorsement CG or substitute endorsements providing equivalent coverage.
• Workers' Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
• Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and
Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form
and shall insure against the perils of fire and extended coverage and physical loss or
damage including flood, earthquake, theft, vandalism, malicious mischief, collapse,
temporary buildings and debris removal. The Builders Risk insurance covering the work
will have a deductible of $5,000 for each occurrence, which will be the responsibility of
the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the
City upon written request by the Contractor and written acceptance by the City. Any
increased deductibles accepted by the City will remain the responsibility of the Contractor.
The Builders Risk insurance shall be maintained until final acceptance of the work by the
City.
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• Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability
Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit
$1,000.000.
Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:
• Automobile Liability insurance with a minimum combined single limit for bodily injury
and property damage of $1,000.000 per accident.
• Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products -
completed operations aggregate limit.
• Builders Risk insurance shall be written in the amount of the completed value of the project
with no coinsurance provisions.
Other Insurance Provisions. The Contractor's Automobile Liability, Commercial General
Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they
shall be primary insurance as respects the City (as applicable to each line of coverage). 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 Contractor's
insurance and shall not contribute with it. If any coverage is written on a "claims made" basis,
then a minimum of three (3) year extended reporting period shall be included with the claims made
policy, and proof of this extended reporting period provided by the City.
Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all
loss or damage from any cause whatsoever to any tools, including but not limited to the
Contractor's employee -owned tools, machinery, equipment or motor vehicles owned or rented by
the Contractor, or the Contractor's agents, suppliers or contractors as well as any temporary
structures, scaffolding and protective fences.
Waiver of Subrogation. The Contractor waives all rights against the City, any of its
Subcontractors, Sub -subcontractors, agents and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other property insurance obtained
pursuant to this Insurance Requirements Section of the Contract or other property insurance
applicable to the work. The Contractor's insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the
City. The City will not waive its right to subrogation against the Contractor. The Contractor's
insurance shall be endorsed acknowledging that the City will not waive its right to subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:VII.
Verification of Coverage. The Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
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insured endorsement, evidencing the Automobile Liability and Commercial General Liability
insurance of the Contractor before commencement of the work. Before any exposure to loss may
occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that
includes all applicable conditions, exclusions, definitions, terms and endorsements related to this
project.
Subcontractors. The Contractor shall have sole responsibility for determining the insurance
coverage and limits required, if any, to be obtained by subcontractors, which determination shall
be made in accordance with reasonable and prudent business practices.
Notice of Cancellation. The Consultant shall provide thirty (30) days written notice by certified
mail, return receipt requested, to the City prior to the cancellation or alteration of coverage. The
Contractor shall provide the City and all Additional Insureds for this work with written notice of
any policy cancellation, within two business days of their receipt of such notice.
Failure to Maintain Insurance. The insurance required by this Section will not be canceled,
materially changed or altered without forty-five (45) days prior written notice submitted to the
City. Failure on the part of the Contractor to maintain insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days' notice to
the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Contractor from the City.
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CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAL RETAINAGE
(APPLICABLE TO CONTRACTS OF $150,000 OR LESS —RCW 39.08.010)
Note: This form must be submitted at the time the Contractor executes the Contract. The
Contractor shall designate the option desired by checking the appropriate space.
The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a).
2. In addition, the Contractor elects to (select one):
(1) Furnish a performance bond in the amount of the total contract sum. An
executed performance bond on the required form is included with the executed contract
documents.
(2) Have the City retain, in lieu of the performance and payment bonds, ten
percent (10%) of the total contract amount for a period of thirty days after date of final
acceptance, or until receipt of all necessary releases from the department of revenue and
the department of labor and industries and settlement of any liens filed under chapter 60.28
RCW, whichever is later. RCW 39.08.010.
In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors,
administrators, successors, or assigns, shall in all things stand to and abide by, and well
and truly keep and perform the covenants, conditions and agreements in the Contract, and
shall faithfully perform all the provisions of such Contract and shall also well and truly
perform and fulfill all the undertakings, covenants, terms, conditions and agreements of
any and all duly authorized modifications of the Contract that may hereafter be made, at
the time and in the manner therein specified, and shall pay all laborers, mechanics,
subcontractors, and materialmen, and all persons who shall supply such person or
persons, or subcontractors, with provisions and supplies for the carrying on of such work,
on his or her part, and shall defend, indemnify, and save harmless the City of Port
Orchard, Washington, its officers and agents from any claim for such payment, then the
funds retained in lieu of a performance bond shall be released at the time provided in said
option 2; otherwise, the funds shall be retained until the Contractor fulfills the said
obligations.
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PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
2021 CITY ROAD STRIPING
CONTRACT NO. C051-21
Bond to City of Port Orchard, Washington
Bond No.
We, , and ,
(Principal) (Surety)
a Corporation, and as a surety corporation authorized to become
a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and
severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of
Dollars ($ ),
the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators,
executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the
performance of Principal in connection with a contract dated , 20_, between Principal and
Owner for a project entitled 2021 City Road Striping Contract No. C051-21 ("Contract"). The initial
penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal
submitted by Principal.
NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the
condition that Principal:
Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and
within the time specified as may be extended under the Contract;
Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other
persons or agents who supply labor, equipment, or materials to the Project; and
• Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on:
(A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is
conditioned on the payment of such taxes, increases and penalties.
The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss
resulting from the failure:
Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal)
to faithfully perform the contract, or
Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers,
mechanics, subcontractors, lower tier subcontractors, material person, or any other person who
provides supplies or provisions for carrying out the work.
The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.
Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection
with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is
commenced, in addition to the penal sum.
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No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be
performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety
hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract
or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than
twenty percent (20%).
If any modification or change increases the total amount to be paid under the Contract, Surety's obligation
under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase
shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond
without the prior written consent of Surety.
This Performance and Payment Bond shall be governed and construed by the laws of the State of
Washington, and venue shall be in Kitsap County, Washington.
IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this
day of , 20
Principal Surety
Signature of Authorized Official
Printed Name and Title
Name and address of local office of
Agent and/or Surety Company:
Signature of Authorized Official
Attorney in Fact (Attach Power of Attorney)
Surety companies executing bonds must appear on the current Authorized Insurance List in the State of
Washington per Section 1-02.7 of the Standard Specifications.
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ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF
)ss.
COUNTY OF
On this day of , 20 , before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared , to
me known to be the (check one of the following boxes):
❑ of ,the
corporation,
❑■
of
the
partnership,
❑ individual,
that executed the foregoing instrument to be the free and voluntary act and deed of said ❑ corporation, ❑
partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑
she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Dated:
Notary Seal with Ink Stamp
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Public Works Project No. PW2021-012
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Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
My Commission expires:
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SURETY ACKNOWLEDGEMENT
STATE OF
)ss.
COUNTY OF
On this day of 920 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally appeared ,
to me known to be the of , the
corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath
stated that ❑ he ❑ she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Seal with Ink Stamp
City of Port Orchard and Apply -A -Line, LLC
Public Works Project No. PW2021-012
Small Works Contract No. C051-21
Dated:
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
My Commission expires:
Rev 5/1/2020
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CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
(Note: Before the Performance Bond can be released the City must receive the two years Maintenance/Warranty Bond)
PROJECT #, PERMIT #, PW2021-012
CONTRACT # C051-21
SURETY BOND #:
DATE POSTED:
EXPIRATION DATE:
RE: Project Name: 2021 City Road Striping
Owner/Developer/Contractor:
Project Address: City of Port Orchard Public Roads
KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter
called the "Principal'), and , a corporation organized under the laws of the State
of , and authorized to transact surety business in the State of Washington
(hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the
sum of dollars ($ ) 20%
Total Contract Amount, lawful money of the United States of America, for the payment of which sum we and
each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by
these presents. THE CONDITIONS of the above obligation are such that:
WHEREAS, the above named Principal has constructed and installed certain improvements on public
property in connection with a project as described above within the City of Port Orchard; and
WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written
and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or
replace said improvements against defects in workmanship, materials or installation during the twenty-four
(24) months after written and final approval/acceptance of the same by the City;
NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City.
It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but
only after the Principal has performed and satisfied the following conditions:
A. The work or improvements installed by the Principal and subject to the terms and conditions of this
Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above -referenced
project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping,
shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and
approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the
state of the project or improvements as accepted by the City during the twenty-four (24) month period after
final and written acceptance, and includes, but is not limited to, repair or replacement of defective
workmanship, materials or installations.
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C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects
in workmanship, materials or installation to the City -owned real property on which improvements have been
installed, and leave the same in as good condition as it was before commencement of the work.
D. The Principal and the Surety agree that in the event any of the improvements or restoration work
installed or completed by the Principal as described herein, fail to remain free from defects in materials,
workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24)
months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the
same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall:
1. Within twenty (20) days of demand of the City, make written commitment to the
City that it will either:
a). remedy the default itself with reasonable diligence pursuant to a time schedule
acceptable to the City; or
b). tender to the City within an additional ten (10) days the amount necessary, as
determined by the City, for the City to remedy the default, up to the total bond amount.
Upon completion of the Surety's duties under either of the options above, the Surety shall then
have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation
pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the
actual cost of the remedy, upon completion of the remedy. The City shall return, without
interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual
costs which exceeded the City estimate, limited to the bond amount.
2. hi the event the Principal fails to make repairs or provide maintenance within the time period
requested by the City, then the City, its employees and agents shall have the right at the City's
sole election to enter onto said property described above for the
purpose of repairing or maintaining the improvements. This provision shall not be construed
as creating an obligation on the part of the City or its representatives to repair or maintain such
improvements.
E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of
notification by the City and completed within thirty (30) days of the date of notification. If the work
is not performed in a timely manner, the City shall have the right, without recourse to legal action, to
take such action under this bond as described in Section D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be
performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless
the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety
waives notice of any such change, extension, alteration or addition thereunder.
G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action
must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall
be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing
the obligation hereunder. hi 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
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a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable
by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as
a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby
agrees that this bond shall be governed by the laws of the State of Washington. Venue of any litigation
arising out of this bond shall be in Kitsap County Superior Court.
H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby
have been fully performed and until released in writing by the City at the request of the Surety or
Principal.
DATED this day of 920
SURETY COMPANY DEVELOPER/OWNER
(Signature must be notarized) (Signature must be notarized)
By:
Its
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
:yol►�c��z61"G� :El0 ,
By:
Its Public Works Director/City Engineer
By
Its
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
Date:
CHECK FOR ATTACHED NOTARY SIGNATURE
Individual (Form P-1)
Corporation (Form P-2)
Surety Company (Form P-2)
FORM P-1 / NOTARY
BLOCK
(Use For Individual/Sole Proprietor Only)
STATE OF WASHINGTON )
) ss.
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COUNTY OF KITSAP
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it
to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument.
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Public Works Project No. PW2021-012
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Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
My Commission expires:
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FORM P-2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Developer/Owner)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged as the of
that (he/she) signed this instrument, on oath stated that (he/she) was
authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and
purposes mentioned in the instrument.
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
(Surety Company)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person who
appeared before me, and said person acknowledged as the of
that (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:
City of Port Orchard and Apply -A -Line, LLC
Public Works Project No. PW2021-012
Small Works Contract No. C051-21
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
Rev 5/1/2020
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APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including but not
limited to:
Pertinent Non -Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal -aid programs and projects);
• Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal -aid recipients, sub -
recipients and contractors, whether such programs or activities are Federally funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis
of disability in the operation of public entities, public and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low -Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high and
adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
City of Port Orchard and Apply -A -Line, LLC
Public Works Project No. PW2021-012
Small Works Contract No. C051-21
Rev 5/1/2020
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SCHEDULE OF CONTRACT PRICES
2021 CITY ROAD STRIPING
NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written
(words) unit price shall control.
Item #
Description of Work
Mobilization
Estimated
Quantity
1
Unit
Unit Bid Price
Total Item#
Amount
1
LS
$ 3,150.00
$ 3,150.00
2
SPCC Plan
1
LS
$ 850.00
$ 850.00
3
Temporary Traffic Control
1
LS
$ 6,550.00
$ 6,550.00
4
4" Skip Stripe- White
24,847
LF
$ 0.06
$ 1,490.82
5
4" Road Edge- White
177,192
LF
$ 0.08
$14,175.36
6
7
8" Road Edge- White
8" Turn Pocket- White
22,561
LF
$ 0.13
$ 2,932.93
11,150
LF
$ 0.13
$ 1,449.50
8
4" Skip Stripe- Yellow
16,884
LF
$ 0.06
$ 1,013.04
9
4" Double Solid- Yellow
116,778
LF
$ 0.15
$17,516.70
10
4" Skip/Single Solid- Yellow
39,338
LF
$ 0.10
$1.00
$ 3,933.80
11
Minor Change
5,000
LS
$5,000.00
Total Bid: $ 58062.15
SALES TAX
In accordance with Section 1-07.2(1) and DOR Rule 171, State Sales Tax: Work performed on City, County, or
Federally -owned land, the Contractor shall include Washington State retail sales taxes IN the various unit bid prices or
other amounts. These retail sales taxes shall include those the Contractor pays on purchases of materials, equipment,
and supplies used or consumed in doing the work.
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City of Port Orchard
Council Meeting Minutes
Work Study Session Meeting of April 20, 2021
CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Ashby
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
Present via Remote Access
Present via Remote Access
Absent
Present via Remote Access
Staff present via Remote Access: Public Works Director Dorsey, Utility Manager J. Brown, Police Chief
M. Brown, Finance Director Crocker, City Clerk Rinearson, and Deputy City Clerk Floyd.
Mayor Putaansuu said Pursuant to the Governor's "Stay Home - Stay Safe" Order, the City will
conduct the meeting through Zoom.
Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
At 6:31 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session pursuant to
RCW 42.30.110(1)(i), to discuss with legal counsel representing the agency legal risks of a proposed
action when public discussion could have adverse legal or financial consequences. City Attorney
Archer was invited to attend, and City Attorney Archer announced action will likely follow.
At 6:41 p.m., Mayor Putaansuu extended the meeting for 5-minutes.
At 6:46 p.m., Mayor Putaansuu reconvened the meeting back into session.
1. Presentation: Water Capitol Facility Charges
Public Works Director Dorsey introduced Katy Isaksen with Katy Isaksen and Associates, and Jacki
Brown, City Utilities Manager, and noted this is one of the steps to getting a water capital facility
charge. Council adopted sewer capital facility charge updates a couple months ago, and this is the
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Minutes of April 20, 2021
Paee 2 of 3
same process for the water capital facility charges. Once we are done with this, we will be moving
into the water and sewer rate conversation in spring or summer.
Katy Isaksen provided a presentation which included the previous and current CFC (Capital Facility
Charges) updates, existing City water facilities, ten-year water improvements with 23 projects at
$49.9 million, future updates, and next steps.
Additional discussion was held regarding similarities with traffic impact fees, new water facilities,
growth paying for growth, affordable housing, and prorating charges.
Staff is bringing this back before Council next week as a presentation regarding the capital facilities
plan, and CIP's.
Council Direction: No direction to staff.
2. Spring/Fall Clean -Up Program
Public Works Director Dorsey provided a presentation which included the known history of the
cleanup, pros and cons, costs for wages/benefits, and alternatives for consideration.
Discussion was held regarding the alternatives which included discontinuing the program, and only
having once a year.
Additional discussion was held regarding the pay items, tag system, support and concerns about the
program, contract with Waste Management, creating a policy for the program, how COVID affected
the program, abuse of the program, public works staffing, hiring an outside vendor, and how to
modify the program.
Council Direction: Staff was asked to look into an outside vendor and look into the possibility of only
having this once a year in spring, starting next year. There will be no cleanup this spring [2021] and
will reevaluate a fall cleanup this year, depending on COVID restrictions.
3. Dekalb Street Pier — Moorage Enforcement of Unauthorized or Abandoned Vessels
Police Chief Brown said they have been working with their marine unit on how to solve the issues
going on in the inlet including the pier and DNR [Department of Natural Resources]. The City's current
ordinance makes enforcement difficult. The draft ordinance brought before Council tonight allows
the police department to have a little more flexibility and also allows parking enforcement to enforce
parking and the moorage code. This also allows the City to seize boats that have been abandoned on
the pier or tied up for 2 or more consecutive days. We are still working on this process.
Discussion was held regarding moorage at different piers and boat launches, boats abandoned in the
water and at the pier, using smaller vessels to dock so they are not charged, waste from the boats,
and the gate at Dekalb Pier.
Mayor Putaansuu noted this is going to be on next week's agenda for adoption.
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Minutes of April 20, 2021
Page 3 of 3
Council Direction: No direction was given to staff.
4. Live Streaming
Mayor Putaansuu said a couple Councilmembers reached out to him regarding live streaming the
Council Retreat. His initial plan was to have the Retreat on Zoom and gather the Councilmembers in
one room but be socially distanced per the Governor's Orders. Everyone will be wearing a mask.
There is no opportunity for public input or comments. Once four or more members of the Council
gather, it is considered a meeting. He is encouraging the public to watch the Retreat via Zoom or live
stream on Facebook.
Discussion was held regarding live streaming Council meetings through Facebook or YouTube,
privacy issues, Facebook audience, streaming to BKAT [Bremerton Kitsap Access Television], and live
streaming to YouTube starting the first meeting in June.
Council Direction: No direction was given to staff.
5. Mayor's State of the City
Mayor Putaansuu provided a presentation which included 2020 City accomplishments, City priorities
and goals for 2021, 2021-2022 budget, capital construction funds, personnel adjustments,
transportation maintenance/operations/preservation, Bethel & Lincoln roundabout, Ruby Creek
Subarea Plan, McCormick Village concepts, Community Center and master planned project,
affordable housing, traffic impact fees, community involvement and policy boards, and planning for
the future.
GOOD OF THE ORDER
City Attorney Archer addressed concerns raised during the last Council meeting with regards to
whether Councilmembers had a conflict of interest that precluded them from taking action on the
pathway [Bay Street Pedestrian Pathway] vote. The allegations fell into 2 categories; based upon
employment and based upon the location of their homes. She explained the state statutes related
to Councilmembers and noted that she sees no reason why any of the Councilmembers could not
vote on the pathway and did not see any conflict of interest.
ADJOURNMENT
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
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