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01/11/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: MarkTrenary 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, Chair Transportation Committee Lodging Tax Advisory Committee, Chair KRCC-alt John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Rinearson, MMC, CPRO City Clerk Meeting Location: Council Chambers, V Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us City of Port Orchard Council Meeting Agenda January 11, 2022 6:30 p.m. The City is conducting its public meetings remotely to prevent the spread of COVID. The City is providing options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in -person) to hear each other at the same time. Therefore, Remote access on Link: https://us02web.zoom.us/o/86599296965 Zoom Webinar ID: 865 9929 6965 Zoom Call -In: 1-253-215-8782 Guiding Princioles • Are we raising the bar? • Are we honoring the past, but not living in the past? • Are we building connections with outside partners? • Is the decision -making process positively impacting diversity, equity, and inclusion? 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. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.) A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 Concurrency Review Services for the City's Sewer System and Documenting Procurement Procedures (Dorsey) Page 4 D. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 On-Call/Modeling Update Services for the City's Sewer Systems and Documenting Procurement Procedures (Dorsey) Page 21 E. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 Concurrency Review Services for the City's Water Systems and Documenting Procurement Procedures (Dorsey) Page 38 F. Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 On-Call/Modeling Update Services for the City's Water Systems and Documenting Procurement Procedures (Dorsey) Page 55 G. Adoption of a Resolution Granting Final Plat Approval for McCormick Woods North Phase III, Division 2 (Bond) Page 72 H. Approval of Interlocal Agreements with WSDOT, Mason and Kitsap Counties, and the Cities of Poulsbo, Shelton and Bremerton for Public Works Emergency Response (Dorsey) Page 103 I. Approval of a Contract with Camino for Web -Based Services for DCD Permit Center's Permitting Application Processes (Bond) Page 116 J. Excusal of Councilmember Cucciardi Due to a Business Obligation S. PRESENTATION A. Legislative Update (Representative Derek Kilmer) 6. PUBLIC HEARING A. Public Hearing on a Petition to Vacate City Right -of -Way, the Northeast Portion of Unopened Depot Street (Rinearson) Page 127 7. BUSINESS ITEMS A. Appointment of a Mayor Pro-Tempore for 2022 (Rinearson) Page 147 B. Adoption of an Ordinance Approving the Petition to Vacate City Right -of -Way, the Northeast Portion of Unopened Depot Street (Rinearson) Page 148 C. Adoption of a Resolution Fixing the Date of a Public Hearing on a Petition to Vacate City Right -of -Way, the Southern Portion of Opened Bay Street (Rinearson) Page 154 D. Adoption of a Resolution Confirming Mayoral Appointments to the Planning Commission and Buildinj; Board of Appeals (Rinearson) Page 164 E. Approval of a Letter of Agreement with Teamsters Local 589 Regarding Limited Term Assignment Non - Union Work (Lund) Page 166 F. Approval of the December 14, 2021, City Council Meeting Minutes Page 167 G. Approval of the December 21, 2021, City Council Meeting Minutes Page 173 8. DISCUSSION ITEMS (No Action to be Taken) A. Continued: Veterans Park 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. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 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 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. January 11, 2022, Meeting Agenda Page 2 of 3 15. ADJOURNMENT COMMITTEE MEETINGS Economic Development and Tourism Utilities Finance Transportation Festival of Chimes & Lights Land Use Lodging Tax Advisory Sewer Advisory Outside Agency Committees Date & Time Location TBD Remote Access January 11, 2022; 5:00pm — 2nd Tuesday of each Remote Access 11 1 month TBD Remote Access January 25, 2022; 5:00pm — 41h Tuesday of each Remote Access < month < January 24, 2022, 2022; 3:30pm Remote Access < TBD Remote Access�� February, 2022 Remote Access February 16, 2022; 6:30pm Remote Access Varies �Varies < Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations. January 11, 2022, Meeting Agenda Page 3 of 3 Back to Agenda n 11THI w' law . 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 Consent Agenda 4C Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 Concurrency Review Services for the City's Sewer System and Documenting Procurement Procedures Meeting Date: January 11, 2022 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No. Atty Review Date 366922-0014 — Sewer January 5, 2022 Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering firm to perform concurrency review for the City's Sewer Systems and associated projects and solicits for qualified firms on a regular basis to ensure a competitive rate for these services. The costs for these services are passed through to the project applicant, via the City's fee structure. On October 27, 2021, the City's Public Works Department selected twelve (12) qualified firms from the current MRSC Professional Services Roster for the Main Category; Engineering Services and Sub -Category; Sewer System Planning and Design. On November 3, 2021, the City provided Request for Qualifications (RFQ) notification to each of the selected firms via email for the 2022 Concurrency Review Services for the City's Sewer System (Project). By the November 12, 2021 RFQ deadline, only one (1) Statement of Qualification (SOQ) was received. Public Works Department staff reviewed the SOQ and confirmed that the submitting firm, Murraysmith, Inc., was qualified to provide these services. On November 16, 2021, Murraysmith, Inc. was notified that it was the most qualified professional services engineering firm for the Project. On December 8, 2021, Staff met with Murraysmith, Inc. to clarify the Project scope and on December 14, 2021, the City received a Schedule of Rates and Charges for the 2022 Concurrency Review "Pass Through" Services for the City's Sewer System. The parties thereafter negotiated the terms of a professional services agreement to govern the Project. Relationship to Comprehensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends adoption of Resolution No. 004-22, authorizing the Mayor to execute Contract No C004-22 with Murraysmith, Inc. for the 2022 Concurrency Review "Pass Through" Services for the City's Sewer System and documenting procurement procedures. Motion for Consideration: I move to adopt Resolution No. 004-22, authorizing the Mayor to execute Contract No C004-22 with Murraysmith, Inc. for the 2022 Concurrency Review "Pass Through" Services for the City's Sewer System and documenting procurement procedures. Fiscal Impact: Funding for Concurrency "Pass Through" Review Services paid in advance by the Developer. Page 4 of 178 Back to Agenda Alternatives: None Staff Report 4C Page 2 of 2 Attachments: Resolution No. 004-22 and Contract No. C004-22 Page 5 of 178 Back to Agenda RESOLUTION NO. 004-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C004-22 WITH MURRAYSMITH, INC. FOR 2022 CONCURRENCY REVIEW SERVICES FOR THE CITY'S SEWER SYSTEM AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES PROCUREMENT PROCEDURES. WHEREAS, pursuant to RCW 39.80, the City of Port Orchard's Public Works Department annually publishes a general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for a Professional Services Roster; and WHEREAS, on June 3, 2013 the City of Port Orchard began utilizing the MRSC Consultant Roster database, whereby MRSC publishes annually on the City's behalf, the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and WHEREAS, the City utilizes a professional engineering firm to perform concurrency review of water system project materials, with the costs for the concurrency review borne by the project applicant as a pass -through cost; and WHEREAS, in order to ensure the City is utilizing a currently qualified consultant at a competitive rate for these services, the City solicited for a consultant in 2021; and WHEREAS, on October 27, 2021, the City of Port Orchard Public Works Department selected twelve (12) qualified firms from the MRSC Professional Services Roster for the Main Category; Engineering Services and Sub -Category; Sewer System Planning and Design; and WHEREAS, on November 3, 2021, an email Request for Qualifications (RFQ) was sent to the twelve (12) qualified firms, soliciting a Statement of Qualifications for the 2022 Concurrency Review Services for the City's Sewer System; and WHEREAS, by the November 12, 2021 RFQ deadline, only one (1) Statement of Qualifications was received by the City, submitted by Murraysmith, Inc.; and WHEREAS, Staff reviewed the Statement of Qualifications and confirmed it met the requirements of the RFQ and on November 16, 2021, Staff notified Murraysmith, Inc. that they had been selected for the 2022 Concurrency Review Services for the City's Sewer System, being determined as the most qualified professional services engineering firm, subject to Council approval; and WHEREAS, on December 8, 2021, a scope clarification meeting with Murraysmith, Inc. was held; and Page 6 of 178 Back to Agenda Resolution No. 004-22 Page 2 of 2 WHEREAS, on December 14, 2021, the City's Public Works Department received a viable Schedule of Rate and Charges from Murraysmith, Inc., and the City negotiated the remaining terms of a service agreement with the selected Consultant; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute Contract No. C004-22 with Murraysmith, Inc. for the 2022Concurrency Review Services for the City's Sewer System and adopts the "Whereas" statements contained herein as findings in support of the City's consultant selection procurement procedures. 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 January 2022. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 7 of 178 `Back to Agenda CITY OF PORT ORCHARD (SEWER CONCURRENCY) PROFESSIONAL SERVICES AGREEMENT THIS Agreement ("Agreement") is made effective as of the 1st day of January 2022, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Murraysmith, Inc, a corporation, organized under the laws of the State of Oregon, doing business at: Murraysmith, Inc. (hereinafter the "CONSULTANT") 600 University Street, Suite 300 Seattle, WA 98101 Contact: Peter Cunningham, PE Phone: 206.462.7030 For 2022 Concurrency Review for the City's Sewer System TERMS AND CONDITIONS 1. Services by Consultant A. The Consultant shall perform the Sewer concurrency review professional services, on a project basis, as described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work and any task order issued by the City consistent therewith, without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to be the parties and incorporated in written amendments to the Agreement. C. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. Consultant shall perform the services in accordance with the direction and scheduling provided by the City. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. D. The Consultant shall not subcontract with subconsultants for the performance of any work under this Agreement without prior written permission of the City. City of Port Orchard and Murraysmith, Inc Sewer Concurrency Professional Services Contract No.0004-22 C:\Users\mdorsey\AppData\L.ocal\Microsoft\Windows\[Ne[Cache\Content 0ut1ook\2KXQ83CC\2022 Sewerconcurrency-CA 12.14 21 docx 1 of 11 Rev 12.14.21 Page 8 of 178 2. Duration of Work The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2022, unless extended by an amendment executed by the duly authorized representatives of the parties. The City reserves the right to offer two, one- year extensions prior to contract expiration to retain the selected company's services. 4. Compensation Compensation under this Agreement will be on a "time and materials, not to exceed" basis. Compensation for services for all Task Orders shall be collected by the City from Developers requesting concurrency review. 5. Payment A. Compensation under this Agreement will be on a "time and materials, not to exceed" basis, based on the fees included for each approved task assignment and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached hereto and incorporated herein by this reference. B. The Consultant shall be paid by the City for completed services rendered. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies equipment and incidentals necessary to complete the work. The Consultant shall bill the City on a monthly basis showing each task as a separate item with the "not to exceed" amount, any prior billings, the current billing, and the balance remaining by task. C. The amount paid by the City for each invoice shall not exceed the amount set forth in Exhibit B except where there are conflicts with the City's Policy on Travel Expenses. The City's Policy on Travel Expenses shall supersede. The City shall pay the full amount of an invoice within sixty (60) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. D. The Consultant will not undertake any work or otherwise financially obligate the City in excess of said not -to -exceed amount in Section 4 without a duly authorized amendment to this Agreement. In the event services are required beyond those specified in Section 1 and not included in the compensation listed in this Agreement, a written contract amendment shall be negotiated and approved by the City before any effort is expended on such services. E. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. F. At all times the Consultant shall comply with all federal, state and local laws and regulations applicable to independent contractors, including, but not limited to, all applicable public health requirements in response to COVID-19, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this City of Port Orchard and Murraysmith, Inc Sewer Concurrency Professional Services Contract No. C004-22 Rev 12.14.21 C:\Users\mdorsey\AppData\Local\MicrosoR\Windows\1NctCache\Content 0ut1ook\2KXQ83CC\2022 Sewerconcurrency-CA 12142l.docz 2ofII Page 9 of 178 Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. G. If the services rendered do not meet the requirements of this Agreement or any Task Order issued pursuant thereto, the Consultant will correct or modify the work to comply with this Agreement or Task Order. The City may withhold payment for such work until the work meets the requirements of this Agreement or Task Order. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties The parties intend that an independent_ contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub - consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub - consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub - consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. Suspension and Termination of Agreement City of Port Orchard and Murraysmith, Inc Sewer Concurrency Professional Services Contract No.0004-22 Rev 12.14.21 C:\Users\mdorseyWppData\Local\Microsofl\Windows\INetCache\ContenLOutlook\2KXQ83CC\2022 Sewerconcurrency-CA 12.14.21.docx 3of11 Page 10 of 178 A. Tcrmination without causc. This Agreement may be terminated by the City at any tiiue for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expense and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. Termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Upon receipt of the notice of termination, the Consultant will promptly discontinue all services under this Agreement. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. Standard of Care The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. City of Port Orchard and Murraysmith, Inc Sewer Concurrency Professional Services Contract No.0004-22 Rev 12.14.21 C:\Users\mdorsey\AppDataTocal\Microsoft\Windows\[NetCache\Content-Outlook\2KXQ83CC\2022 Sewerconcuaency-CA 12,14.21,docx 4of11 Page 11 of 178 Back to nda 10. Ownership of Work Product A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. City ofPorl Orchard and Murraysmilh, Inc Sewer Concurrency Professional Services Contract No. C004-22 Rev 12.14.21 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content.Oullook\2KXQ83CC\2022 Sewerconcurrency-CA 12.14,21.docz 5of11 Page 12 of 178 13. Insurance The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Before beginning work on the project described in this Agreement, the Consultant shall provide evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum): A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum _combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $5,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: City of Port Orchard and Murraysmith, Inc Sewer Concurrency Professional Services Contract No. C004-22 Rev 12.14.21 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\lNetCache\Content 0udook\2KXQ83CC\2022 Sewerconcurrency-CA 12 14 21 docx 6ofII Page 13 of 178 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 3 60.876.4407 Fax: 360.895.9029 CONSULTANT Adam Schuyler, PE, PMP Murraysmith, Inc. 600 University Street, Suite 300 Seattle, WA 98101 Phone: 206.462.7030 City of Port Orchard and Murraysmith, Inc Sewer Concurrency Professional Services Contract No.0004-22 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\lNetCache\Content.outlook\2KXQ83CC\2022 Sewerconcurrency-CA 12.14.21.docx 7ofII Rev 12.14.21 Page 14 of 178 16. Resolution of Disputes and Governing Law A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits and Appendices attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits and Appendices attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits or Appendices to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. E Certification regarding debarment and suspension. By signing this Agreement the Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) have not within a City of Port Orchard and Murraysmith, Inc Sewer Concurrency Professional Services Contract No.0004-22 Rev 12.14.21 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\lNetCache\Content Outlook\2KXQ83CC\2022 Sewerconcurrency-CA 12.14.21.docx 8ofII Page 15 of 178 three-year period preceding the effective date of this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated herein of, and (4) have not within a three-year period preceding the effective date of this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for 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 Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of City of Port Orchard and Murraysmith, Inc Sewer Concurrency Professional Services Contract No.0004-22 Rev 12.14.21 C:\Users\mdorsey\AppDala\l.ocal\Microsoft\Windows\lNc[Cache\Conlen[.Outlook\2KXQ83CC\2022 Sewerconcurrency-CA 12. 14.21.docx 9of11 Page 16 of 178 another who fails or refuses to furnish the information, the Consultant will so certity 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 Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON By: By: Robert Putaansuu, Mayor Name: Title: ATTEST/AUTHENTICATE: Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and Murraysmith, Inc Sewer Concurrency Professional Services Contract No. C004-22 Rev 12.14.21 C:\Users\mdorsey\AppData\Local\Microsoft\WindowsUNetCache\Content.Outlook\2KXQ83CC\2022 Sewerconcumency-CA 12,14 21 docx 10ofII Page 17 of 178 During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. 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 IIighway 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 Murraysmith, Inc Sewer Concurrency Professional Services Contract No. C004-22 Rev 12.14.21 C:\Users\mdorsey\AppData\Locat\Microsoft\Windows\INeiCache\Content Outlook\2KXQ83CC\2022 Sewerconcurrency-CA 12.14.21.docx 11 of 11 Page 18 of 178 Back to Agenda EXHIBIT A Exhibit A Scope of Work City of Port Orchard Sanitary Sewer System Concurrency Professional Engineering Services Statement of Understanding This Contract for on -call Professional Engineering Services is to supplement the capabilities of City of Port Orchard staff by providing engineering services related to the City's Sanitary Sewer System. Murraysmith, Inc will perform this work for developers on behalf of the City of Port Orchard through this on -call contract. Deliverables will be reviewed by the City first, before being provided to the developer. Specific work under this Contract will be performed by Murraysmith, Inc on an individual task order basis. A specific scope, budget, and schedule will be provided for each requested task order. The Consultant is expected to respond promptly to task order requests. The Schedule of Charges and Non -Labor Charges is included as Exhibit B. BUDGET These projects will be performed at the rates and charges shown in Exhibit B, and the cost will be passed on directly to the developer. PROJECT SCHEDULE To be determined on a task order basis. Page 19 of 178 Back to Agenda EXHIBIT B 2022 SCHEDULE OF CHARGES Personnel: murraysmi h Labor will be invoiced by staff classification at the following hourly rates, which are valid from January 1, 2022 through December 31, 2022. After this period, the rates are subject to adjustment. Billing Classifications 2022 Rates Billing Classifications 2022 Rates Principal Engineer VI $294 Cost Estimator III $273 Principal Engineer V $284 Cost Estimator II $221 Principal Engineer IV $273 Cost Estimator 1 $168 Principal Engineer III $263 Construction Manager Vill $250 Principal Engineer 11 $252 Construction Manager VII $241 Principal Engineer 1 $242 Construction Manager VI $224 Professional Engineer IX $233 Construction Manager V $207 Engineering Designer IX $225 Construction Manager IV $196 Professional Engineer Vill $221 Construction Manager III $179 Engineering Designer Vill $215 Construction Manager II $165 Professional EngineerVll $211 Construction Manager 1 $140 Engineering Designer VII $204 Inspector VII $207 Professional Engineer VI $201 Inspector VI $190 Engineering Designer VI $194 Inspector V $172 Professional Engineer V $190 Inspector IV $160 Engineering Designer V $184 Inspector 111 $142 Professional Engineer IV $180 Inspector 11 $129 Engineering Designer IV $176 Inspector I $110 Professional Engineer 111 $173 Technician IV $173 Engineering Designer 111 $173 Technician III $158 Engineering Designer 11 $163 Technician II $137 Engineering Designer 1 $152 Technician 1 $121 Principal 111 $299 Project Coordinator IV $168 Principal II $280 Project Coordinator 111 $152 Principal 1 $255 Project Coordinator 11 $137 Project Manager 111 $230 Project Coordinator 1 $126 Project Manager 11 $205 Administrative 111 $126 Project Manager 1 $180 Administrative 11 $116 Administrative 1 $104 Project Expenses: Expenses incurred that are directly attributable to the project will be invoiced at actual cost. These expenses include the following: CADD Hardware/Software $18.00/hour Modeling and GIS Hardware/Software $10.00/hour Mileage Current IRS Rate Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging, and Subsistence At Cost Outside Services: Outside technical, professional, and other services will be invoiced at actual cost-plus 10 percent to cover administration and overhead. 2022 Puget Sound/CA MURRAYSMITH Confidential Page 20 of 178 Back to Agenda n 11THI w' law . 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 Consent Agenda 4D Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 On-Call/Modeling Update Services for the City's Sewer Systems and Documenting Procurement Procedures Meeting Date Prepared by Atty Routing No. Atty Review Date January 11, 2022 Mark Dorsey, P.E. Public Works Director 366922-0014 — Sewer January 5, 2022 Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering firm to perform on-call/modeling services for the City's Sewer Systems and associated projects and solicits for qualified firms on a regular basis to ensure a competitive rate for these services. On October 27, 2021, the City's Public Works Department selected twelve (12) qualified firms from the current MRSC Professional Services Roster for the Main Category; Engineering Services and Sub -Category; Sewer System Planning and Design. On November 3, 2021, the City provided Request for Qualifications (RFQ) notification to each of the selected firms via email for the 2022 On-Call/Modeling Update Services for the City's Sewer System (Project). By the November 12, 2021 RFQ deadline, only one (1) Statement of Qualification (SOQ) was received. Public Works Department staff reviewed the SOQ and confirmed that the submitting firm, Murraysmith, Inc., was qualified to provide these services. On November 16, 2021, Murraysmith, Inc. was notified that it was the most qualified professional services engineering firm for the Project. On December 8, 2021, Staff met with Murraysmith, Inc. to clarify the Project scope and on December 14, 2021, the City received a viable Scope of Work and Budget from Murraysmith, Inc. in an amount not to exceed $80,000.00 annually for the 2022 On-Call/Modeling Update Services for the City's Sewer System. The parties thereafter negotiated the terms of a professional services agreement to govern the Project. Relationship to Comprehensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends adoption of Resolution No. 003-22, authorizing the Mayor to execute Contract No C003-22 with Murraysmith, Inc. in the amount of $80,000.00 annually for the 2022 On-Call/Modeling Update Services for the City's Sewer System and documenting procurement procedures. Motion for Consideration: I move to adopt Resolution No. 003-22, authorizing the Mayor to execute Contract No C003-22 with Murraysmith, Inc. in the amount of $80,000.00 annually for the 2022 On- Call/Modeling Update Services for the City's Sewer System and documenting procurement procedures. Page 21 of 178 Back to Agenda Staff Report 4D Page 2 of 2 Fiscal Impact: Funding allocated for On -Call services is within the approved 2021-2022 Biennial Budget, but given current fund balances, a Budget Amendment may be required. Alternatives: None Attachments: Resolution No. 003-22 and Contract No. C003-22 Page 22 of 178 Back to Agenda RESOLUTION NO. 003-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C003-22 WITH MURRAYSMITH, INC. FOR 2022 ON-CALL/MODELING UPDATE SERVICES FOR THE CITY'S SEWER SYSTEM AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES PROCUREMENT PROCEDURES. WHEREAS, pursuant to RCW 39.80, the City of Port Orchard's Public Works Department annually publishes a general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for a Professional Services Roster; and WHEREAS, on June 3, 2013 the City of Port Orchard began utilizing the MRSC Consultant Roster database, whereby MRSC publishes annually on the City's behalf, the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and WHEREAS, the City utilizes a professional engineering firm to perform on-call/modeling review of the City's sewer system; and WHEREAS, in order to ensure the City is utilizing a currently qualified consultant at a competitive rate for these services, the City solicited for a consultant in 2021; and WHEREAS, on October 27, 2021, the City of Port Orchard Public Works Department selected twelve (12) qualified firms from the MRSC current Professional Services Roster for the Main Category; Engineering Services and Sub -Category; Sewer System Planning and Design; and WHEREAS, on November 3, 2021, an email Request for Qualifications (RFQ) was sent to the twelve (12) qualified firms, soliciting a Statement of Qualifications for the 2022 On- Call/Modeling Update Services for the City's Sewer System; and WHEREAS, by the November 12, 2021 RFQ deadline, only one (1) Statement of Qualifications was received by the City, submitted by Murraysmith, Inc.; and WHEREAS, Staff reviewed the Statement of Qualifications and confirmed it met the requirements of the RFQ and on November 16, 2021, Staff notified Murraysmith, Inc. that they had been selected for the 2022 On-Call/Modeling Update Services for the City's Sewer System, being determined as the most qualified professional services engineering firm, subject to Council approval; and WHEREAS, on December 8, 2021, a scope clarification meeting with Murraysmith, Inc. was held; and Page 23 of 178 Back to Agenda Resolution No. 003-22 Page 2 of 2 WHEREAS, on December 14, 2021, the City's Public Works Department received a viable Project Understanding (Scope and Budget) from Murraysmith, Inc., and the City negotiated the remaining terms of a service agreement with the selected Consultant; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES /_FiY9]USITITI&S THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute Contract No. C003-22 with Murraysmith, Inc. for the 2022 On-Call/Modeling Update Services for the City's Sewer System and adopts the "Whereas" statements contained herein as findings in support of the City's consultant selection procurement procedures. 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 January 2022. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 24 of 178 enda CITY OF PORT ORCHARD (SEWER ON CALL) PROFESSIONAL SERVICES AGREEMENT THIS Agreement ("Agreement") is made effective as of the 1st day of January 2022, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Murraysmith, Inc, a corporation, organized under the laws of the State of Oregon, doing business at: Murraysmith, Inc. (hereinafter the "CONSULTANT") 600 University Street, Suite 300 Seattle, WA 98101 Contact: Peter Cunningham, PE Phone: 206.462.7030 For 2022 On-Call/Modeling Update Services for the City's Sewer System TERMS AND CONDITIONS 1. Services by Consultant A. The Consultant shall perform the sewer on -call professional services, on a project basis, as described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work and any task order issued by the City consistent therewith, without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to be the parties and incorporated in written amendments to the Agreement. C. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. Consultant shall perform the services in accordance with the direction and scheduling provided by the City. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. D. The Consultant shall not subcontract with subconsultants for the performance of any work under this Agreement without prior written permission of the City. Duration of Work The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2022, unless extended by an amendment City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 UA9_Sewer Utility\A_Managemenl\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12,14.21.docx 1 of 11 Page 25 of 178 Back to Agenda executed by the duly authorized representatives of the parties. The City reserves the right to offer two, one- year extensions prior to contract expiration to retain the selected company's services. 3. Payment A. Compensation under this Agreement will be on a "time and materials, not to exceed" basis, based on the fees included for each approved task assignment, provided total compensation for these services shall not exceed Eighty Thousand Dollars ($80,000.00) without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached hereto and incorporated herein by this reference. B. The Consultant shall be paid by the City for completed services rendered. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies equipment and incidentals necessary to complete the work. The Consultant shall bill the City on a monthly basis showing each task as a separate item with the "not to exceed" amount, any prior billings, the current billing, and the balance remaining by task. C. The amount paid by the City for each invoice shall not exceed the amount in Section 3A above and the hourly billing rates set forth in Exhibit B, except where there are conflicts with the City's Policy on Travel Expenses. The City's Policy on Travel Expenses shall supersede. The City shall pay the full amount of an invoice within sixty (60) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. D. The Consultant will not undertake any work or otherwise financially obligate the City in excess of said not -to -exceed amount in Section 4 without a duly authorized amendment to this Agreement. In the event services are required beyond those specified in Section 1 and not included in the compensation listed in this Agreement, a written contract amendment shall be negotiated and approved by the City before any effort is expended on such services. E. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. F. At all times the Consultant shall comply with all federal, state and local laws and regulations applicable to independent contractors, including, but not limited to, all applicable public health requirements in response to COVID-19, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. G. If the services rendered do not meet the requirements of this Agreement, the Consultant will correct or modify the work to comply with this Agreement. The City may withhold payment for such work until the work meets the requirements of this Agreement. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12.14.21.docx 2of11 Page 26 of 178 4. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 5. Relationship of Parties The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub - consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub - consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results_ obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub - consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 6. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 UA9_Sewer Utility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12.14.21.docx 3of11 Page 27 of 178 track to Amanda C. Rights Upon Termination; 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. Termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Upon receipt of the notice of termination, the Consultant will promptly discontinue all services under this Agreement. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 7. Standard of Care The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 8. Ownership of Work Product A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. City of Port Orchard and Murraysmilh, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12.14.21 docx 4ofII Page 28 of 178 B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 9. Work Performed at the Consultant's Risk The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 10. Indemnification The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 11. Insurance The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Before beginning work on the project described in this Agreement, the Consultant shall provide evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum): A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12 14.21.docx 5of11 Page 29 of 178 Back to Agenda or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers'_ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $5,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12.14.21.docx 6ofII Page 30 of 178 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 12. Assigning or Subcontracting The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 13. Notice Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Adam Schuyler, PE, PMP Murraysmith, Inc 600 University Street, Suite 300 Seattle, WA 98101 - Phone: 206.462.7030 14. Resolution of Disputes and Governing Law A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12.14.21.docx 7ofII Page 31 of 178 15. General Provisions A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits and Appendices attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits and Appendices attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits or Appendices to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. E. Certification regarding debarment and suspension. By signing this Agreement the Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) have not within a three-year period preceding the effective date of this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated herein of, and (4) have not within a three-year period preceding the effective date of this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. 16. 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. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\A_Management\ConsultmtAgreements\OnCall & Concurrency Contracis\On-Call\2022\Contract\2022-On Call -Sewer CA 12,14.21. docx 8of11 Page 32 of 178 Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for 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 Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12.14,21,docx 9ofII Page 33 of 178 Back to Agenda IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATE: am Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: 25.3 Charlotte A. Archer, City Attorney Name: Title: City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12.14,21,docx 10ofII Page 34 of 178 During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. 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 Murraysmith, Inc On Call Professional Service Agreement Contract C003-22 Rev 12.14.2021 U:\9_Sewer Utility\A_Management\ConsultantAgreements\OnCall & Concurrency Contracts\On-Call\2022\Contract\2022-On Call -Sewer CA 12 1411.docx 11 of 11 Page 35 of 178 Back to Agenda EXHIBIT A Exhibit A Scope of Work City of Port Orchard On Call/Modeling Update Services for City's Sanitary Sewer System Statement of Understanding This Contract for on -call Professional Engineering Services is to supplement the capabilities of City of Port Orchard staff by providing engineering services related to the City's Sanitary Sewer System. Specific work under this Contract will be performed by Murraysmith, Inc on an individual task order basis. A specific scope, budget, and schedule will be provided for each requested task order. The Consultant is expected to respond promptly to task order requests. The Schedule of Charges and Non -Labor Charges is included as Exhibit B. BUDGET The total Project Budget is $80,000. The budget for each task order shall not be exceeded without advance written approval of the City. PROJECT SCHEDULE To be determined on a task order basis. Page 36 of 178 Back to Agenda EXHIBIT B mlurraysm►7h �. 2022 SCHEDULE OF CHARGES Personnel: Labor will be invoiced by staff classification at the following hourly rates, which are valid from January 1, 2022 through December 31, 2022. After this period, the rates are subject to adjustment. Billing Classifications 2022 Rates Billing Classifications 2022 Rates Principal Engineer VI $294 Cost Estimator III $273 Principal Engineer V $284 Cost Estimator II $221 Principal Engineer IV $273 Cost Estimator 1 $168 Principal Engineer III $263 Construction Manager VIII $250 Principal Engineer II $252 Construction Manager VII $241 Principal Engineer 1 $242 Construction Manager VI $224 Professional Engineer IX $233 Construction Manager V $207 Engineering Designer IX $225 Construction Manager IV $196 Professional Engineer VIII $221 Construction Manager 111 $179 Engineering Designer VIII $215 Construction Manager II $165 Professional Engineer VII $211 Construction Manager 1 $140 Engineering Designer VII $204 Inspector VII $207 Professional Engineer VI $201 Inspector VI $190 Engineering Designer VI $194 Inspector V $172 Professional Engineer V $190 Inspector IV $160 Engineering Designer V $184 Inspector 111 $142 Professional Engineer IV $180 Inspector 11 $129 Engineering Designer IV $176 Inspector I $110 Professional Engineer 111 $173 Technician IV $173 Engineering Designer III $173 Technician 111 $158 Engineering Designer II $163 Technician 11 $137 Engineering Designer 1 $152 Technician 1 $121 Principal 111 $299 Project Coordinator IV $168 Principal 11 $280 Project Coordinator 111 $152 Principal 1 $255 Project Coordinator II $137 Project Manager 111 $230 Project Coordinator 1 $126 Project Manager 11 $205 Administrative III $126 Project Manager 1 $180 Administrative 11 $116 Administrative 1 $104 Project Expenses: Expenses incurred that are directly -attributable to the project will be invoiced at actual cost. These expenses include the following: CADD Hardware/Software $18.00/hour Modeling and GIS Hardware/Software $10.00/hour Mileage Current IRS Rate Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging, and Subsistence At Cost Outside Services: Outside technical, professional, and other services will be invoiced at actual cost-plus 10 percent to cover administration and overhead. 2022 Puget Sound/CA MURRAYSMITH Confidential Page 37 of 178 Back to Agenda n 11THI w' law . 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 Consent Agenda 4E Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 Concurrency Review Services for the City's Water Systems and Documenting Procurement Procedures Meeting Date: January 11, 2022 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No. Atty Review Date 366922-0013 - Water January 5, 2022 Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering firm to perform concurrency review for the City's Water Systems and associated projects and solicits for qualified firms on a regular basis to ensure a competitive rate for these services. The costs for these services are passed through to the project applicant, via the City's fee structure. On October 27, 2021, the City's Public Works Department selected twelve (12) qualified firms from the current MRSC Professional Services Roster for the Main Category; Engineering Services and Sub -Category; Water System Planning and Design. On November 3, 2021, the City provided Request for Qualifications (RFQ) notification to each of the selected firms via email for the 2022 Concurrency Review Services for the City's Water Systems (Project). By the November 12, 2021 RFQ deadline, only one (1) Statement of Qualification (SOQ) was received. Public Works Department staff reviewed the SOQ and confirmed that the submitting firm, Murraysmith, Inc., was qualified to provide these services. On November 16, 2021, Murraysmith, Inc. was notified that it was the most qualified professional services engineering firm for the Project. On December 8, 2021, Staff met with Murraysmith, Inc. to clarify the Project scope and on December 14, 2021, the City received a viable Schedule of Rates and Charges for the 2022 Concurrency "Pass Through" Review Services for the City's Water Systems. The parties thereafter negotiated the terms of a professional services agreement to govern the Project. Relationship to Comprehensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends adoption of Resolution No. 002-22, authorizing the Mayor to execute Contract No C002-22 with Murraysmith, Inc. for the 2022 Concurrency "Pass Through" Review Services for the City's Water Systems and documenting procurement procedures. Motion for Consideration: I move to adopt Resolution No. 002-22, authorizing the Mayor to execute Contract No C002-22 with Murraysmith, Inc. for the 2022 Concurrency Review Services for the City's Water Systems and documenting procurement procedures. Fiscal Impact: Funding for Concurrency "Pass Through" Review Services paid in advance by the Developer. Page 38 of 178 Back to Agenda Alternatives: None Staff Report 4E Page 2 of 2 Attachments: Resolution No. 002-22 and Contract No. C002-22 Page 39 of 178 Back to Agenda RESOLUTION NO. 002-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C002-22 WITH MURRAYSMITH, INC. FOR 2022 CONCURRENCY REVIEW SERVICES FOR THE CITY'S WATER SYSTEMS, AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES PROCUREMENT PROCEDURES. WHEREAS, pursuant to RCW 39.80, the City of Port Orchard's Public Works Department annually publishes a general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for a Professional Services Roster; and WHEREAS, on June 3, 2013 the City of Port Orchard began utilizing the MRSC Consultant Roster database, whereby MRSC publishes annually on the City's behalf, the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and WHEREAS, the City utilizes a professional engineering firm to perform concurrency review of water system project materials, with the costs for the concurrency review borne by the project applicant as a pass -through cost; and WHEREAS, in order to ensure the City is utilizing a currently qualified consultant at a competitive rate for these services, the City solicited for a consultant in 2021; and WHEREAS, on October 27, 2021, the City of Port Orchard Public Works Department selected twelve (12) qualified firms from the MRSC Professional Services Roster for the Main Category; Engineering Services and Sub -Category; Water System Planning and Design; and WHEREAS, on November 3, 2021, an email Request for Qualifications (RFQ) was sent to the twelve (12) qualified firms, soliciting a Statement of Qualifications for the 2022 Concurrency Review Services for the City's Water Systems; and WHEREAS, by the November 12, 2021 RFQ deadline, only one (1) Statement of Qualifications was received by the City, submitted by Murraysmith, Inc.; and WHEREAS, Staff reviewed the Statement of Qualifications and confirmed it met the requirements of the RFQ and on November 16, 2021, Staff notified Murraysmith, Inc. that they had been selected for the 2022 Concurrency Review Services for the City's Water Systems, being determined as the most qualified professional services engineering firm, subject to Council approval; and WHEREAS, on December 8, 2021, a scope clarification meeting with Murraysmith, Inc. was held; and Page 40 of 178 Back to Agenda Resolution No. 002-22 Page 2 of 2 WHEREAS, on December 14, 2021, the City's Public Works Department received a viable Schedule of Rates and Charges from Murraysmith, Inc., and the City negotiated the remaining terms of a service agreement with the selected Consultant; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute Contract No. C002-22 with Murraysmith, Inc. for the 2022 Concurrency Review Services for the City's Water Systems, and adopts the "Whereas" statements contained herein as findings in support of the City's consultant selection procurement procedures. 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 January 2022. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 41 of 178 CITY OF PORT ORCHARD (WATER CONCURRENCY) PROFESSIONAL SERVICES AGREEMENT THIS Agreement ("Agreement") is made effective as of the 1st day of January 2022, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Murraysmith, Inc, a corporation, organized under the laws of the State of Oregon, doing business at: Murraysmith, Inc. (hereinafter the "CONSULTANT") 600 University Street, Suite 300 Seattle, WA 98101 Contact: Erika Schuyler, PE, PMP Phone: 206.462.7030 For 2022 Concurrency Review for the City's Water Systems TERMS AND CONDITIONS 1. Services by Consultant A. The Consultant shall perform the water concurrency review professional services, on a project basis, as described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work and any task order issued by the City consistent therewith, without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to be the parties and incorporated in written amendments to the Agreement. C. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. Consultant shall perform the services in accordance with the direction and scheduling provided by the City. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. D. The Consultant shall not subcontract with subconsultants for the performance of any work under this Agreement without prior written permission of the City. City of Port Orchard and Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2KXQ83CC\2022 water concurrency-CA 12.14.21.docx 1 of 11 Rev 1/16/2020 Page 42 of 178 2. Duration of Work The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2022, unless extended by an amendment executed by the duly authorized representatives of the parties. The City reserves the right to offer two, one- year extensions prior to contract expiration to retain the selected company's services. 4. Compensation Compensation under this Agreement will be on a "time and materials, not to exceed" basis. Compensation for services for all Task Orders shall be collected by the City from Developers requesting concurrency review. 5. Payment A. Compensation under this Agreement will be on a "time and materials, not to exceed" basis, based on the fees included for each approved task assignment and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached hereto and incorporated herein by this reference. B. The Consultant shall be paid by the City for completed services rendered. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies equipment and incidentals necessary to complete the work. The Consultant shall bill the City on a monthly basis showing each task as a separate item with the "not to exceed" amount, any prior billings, the current billing, and the balance remaining by task. C. The amount paid by the City for each invoice shall not exceed the amount collected pursuant to the hourly billing rates set forth in Exhibit B, except where there are conflicts with the City's Policy on Travel Expenses. The City's Policy on Travel Expenses shall supersede. The City shall pay the full amount of an invoice within sixty (60) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. D. The Consultant will not undertake any work or otherwise financially obligate the City in excess of said not -to -exceed amount in Section 4 without a duly authorized amendment to this Agreement. In the event services are required beyond those specified in Section 1 and not included in the compensation listed in this Agreement, a written contract amendment shall be negotiated and approved by the City before any effort is expended on such services. E. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. F. At all times the Consultant shall comply with all federal, state and local laws and regulations applicable to independent contractors, including, but not limited to, all applicable public health requirements in response to COVID-19, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this City of Port Orchard and Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 Rev 1/16/2020 C:\Users\mdorsey\AppData\Loca1\MicrosoR\Windows\lNetCache\Content.Outlook\2KXQ83CC\2022 water concurrency-CA 12,14.21.docx 2ofII Page 43 of 178 Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. G. If the services rendered do not meet the requirements of this Agreement or any Task Order issued pursuant thereto, the Consultant will correct or modify the work to comply with this Agreement or Task Order. The City may withhold payment for such work until the work meets the requirements of this Agreement or Task Order. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment and personnel engaged in, operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. Relationship of Parties - The parties intend that an independent contractor -client relationship will -be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub - consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub - consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub - consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement City of Port Orchard and Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 Rev 1/16/2020 C:\Users\mdorsey\AppData\L.ocal\Microsoft\Windows\[NetCache\Content 0ut1ook\2KXQ83CC\2022 water concurrency-CA 12.1421.docx 3of11 Page 44 of 178 ift to Agenda A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. Termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Upon receipt of the notice of termination, the Consultant will promptly discontinue all services under this Agreement. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. City of Port Orchard and Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 Rev 1/16/2020 C:\Users\mdorsey\AppData\Local\MicrosoR\Windows\INelCache\Content Outlook\2KXQ83CC\2022 water concurrency-CA 12.14.21.docx 4ofII Page 45 of 178 10. Ownership of Work Product A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. City of Port Orchard and Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 Rev 1/16/2020 C:\Users\mdorsey\AppDataU.ocal\Microsoft\W indowsUNetCache\Content 0ut1ook\2KXQ83CC\2022 water concurrency-CA 12.14.2 Ldocx 5of11 Page 46 of 178 13. Insurance The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Before beginning work on the project described in this Agreement, the Consultant shall provide evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum): A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $5,000,000 general aggregate. 3. Workers_' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liabili1y insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: City of Port Orchard and Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 Rev 1/16/2020 C:\Users\rndorsey\AppData\Local\Microsoft\WindowsUNetCache\Content.Outlook\2KXQ83CC\2022 water concurrency-CA 12.14.21. docx 6ofII Page 47 of 178 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Adam Schuyler, PE, PMP Murraysmith, Inc. 600 University Street, Suite 300 Seattle, WA 98101 Phone: 206.462.7030 City of Port Orchard and Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 Rev 1/16/2020 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2KXQ83CC\2022 water concurrency-CA 12.14 21.docx 7of11 Page 48 of 178 16. Resolution of Disputes and Governing Law A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits and Appendices attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits and Appendices attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits or Appendices to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. E Certification regarding debarment and suspension. By signing this Agreement the Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) have not within a City of Port Orchard and Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 Rev 1/16/2020 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content Outlook\2KXQ83CC\2022 water concurrency-CA 12.14.21.docx 8of11 Page 49 of 178 three-year period preceding the effective date of this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated herein of, and (4) have not within a three-year period preceding the effective date of this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for 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 Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of City of Port Orchard and Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 Rev 1/16/2020 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\lNetCache\ContenLOutlook\2KXQ83CC\2022 water Concurrency-CA 12.14.2 Ldocx 9ofII Page 50 of 178 another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON am Robert Putaansuu, Mayor Name: Title: ATTEST/AUTHENTICATE: Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 Rev 1/16/2020 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2KXQ83CC\2022 water concurrency-CA 12.14.21.docx 10 of 11 Page 51 of 178 During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. 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 Murraysmith, Inc Water Concurrency Professional Services Contract No.0002-22 Rev 1/16/2020 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2KXQ83CC\2022 water concurrency-CA 12.14.21.docx 11 of 11 Page 52 of 178 Back to Agenda EXHIBIT A Exhibit A Scope of Work City of Port Orchard Water Supply Facilities Concurrency Professional Engineering Services Statement of Understanding This Contract for on -call Professional Engineering Services is to supplement the capabilities of City of Port Orchard staff by providing engineering services related to the City's water supply facilities. Murraysmith, Inc will perform this work for developers on behalf of the City of Port Orchard through this on -call contract. Deliverables will be reviewed by the City first, before being provided to the developer. Specific work under this Contract will be performed by Murraysmith, Inc on an individual task order basis. A specific scope, budget, and schedule will be provided for each requested task order. The Consultant is expected to respond promptly to task order requests. The Schedule of Charges and Non -Labor Charges is included as Exhibit B. BUDGET These projects will be performed at the rates and charges shown in Exhibit B, and the cost will be passed on directly to the developer. PROJECT SCHEDULE To be determined on a task order basis. Page 53 of 178 Back to Agenda EXHIBIT B 2022 SCHEDULE OF CHARGES Personnel: murraysm►7h Labor will be invoiced by staff classification at the following hourly rates, which are valid from January 1, 2022 through December 31, 2022. After this period, the rates are subject to adjustment. Billing Classifications 2022 Rates Billing_ Classifications 2022 Rates Principal Engineer VI $294 Cost Estimator III $273 Principal Engineer V $284 Cost Estimator II $221 Principal Engineer IV $273 Cost Estimator 1 $168 Principal Engineer III $263 Construction Manager VIII $250 Principal Engineer II $252 Construction Manager VII $241 Principal Engineer 1 $242 Construction Manager VI $224 Professional Engineer IX $233 Construction Manager V $207 Engineering Designer IX $225 Construction Manager IV $196 Professional Engineer Vill $221 Construction Manager 111 $179 Engineering Designer VIII $215 Construction Manager II $165 Professional Engineer VII $211 Construction Manager 1 $140 Engineering Designer VII $204 Inspector VII $207 Professional Engineer VI $201 Inspector VI $190 Engineering Designer VI $194 Inspector V $172 Professional Engineer V $190 Inspector IV $160 Engineering Designer V $184 Inspector III $142 Professional Engineer IV $180 Inspector 11 $129 Engineering Designer IV $176 Inspector 1 $110 Professional Engineer 111 $173 Technician IV $173 Engineering Designer 111 $173 Technician 111 $158 Engineering Designer 11 $163 Technician II $137 Engineering Designer 1 $152 Technician 1 $121 Principal 111 $299 Project Coordinator IV $168 Principal 11 $280 Project Coordinator 111 $152 Principal 1 $255 Project Coordinator 11 $137 Project Manager 111 $230 Project Coordinator 1 $126 Project Manager 11 $205 Administrative 111 $126 Project Manager 1 $180 Administrative 11 $116 Administrative 1 $104 Project Expenses: Expenses incurred that are directly attributable to the project will be invoiced at actual cost. These expenses include the following: CADD Hardware/Software $18.00/hour Modeling and GIS Hardware/Software $10.00/hour Mileage Current IRS Rate Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging, and Subsistence At Cost Outside Services: Outside technical, professional, and other services will be invoiced at actual cost-plus 10 percent to cover administration and overhead. 2022 Puget Sound/CA MURRAYSMITH Confidential Page 54 of 178 Back to Agenda n 11THI w' law . 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 Consent Agenda 4F Adoption of a Resolution Approving a Contract with Murraysmith, Inc. for the 2022 On-Call/Modeling Update Services for the City's Water Systems and Documenting Procurement Procedures Meeting Date Prepared by Atty Routing No. Atty Review Date January 11, 2022 Mark Dorsey, P.E. Public Works Director 366922-0013 Water January 5, 2022 Summary: Due to the limitations of in-house staff, the City utilizes the services of a qualified engineering firm to perform on-call/modeling services for the City's Water Systems and associated projects and solicits for qualified firms on a regular basis to ensure a competitive rate for these services. On October 27, 2021, the City's Public Works Department selected twelve (12) qualified firms from the current MRSC Professional Services Roster for the Main Category; Engineering Services and Sub -Category; Water System Planning and Design. On November 3, 2021, the City provided Request for Qualifications (RFQ) notification to each of the selected firms via email for the 2022 On-Call/Modeling Update Services for the City's Water Systems (Project). By the November 12, 2021 RFQ deadline, only one (1) Statement of Qualification (SOQ) was received. Public Works Department staff reviewed the SOQ and confirmed that the submitting firm, Murraysmith, Inc. was the most qualified professional services engineering firm for the Project. On December 8, 2021, Staff met with Murraysmith, Inc. to clarify the Project scope and on December 14, 2021, the City received a viable Scope of Work and Budget from Murraysmith, Inc. in an amount not to exceed $80,000.00 annually for the 2022 On-Call/Modeling Update Services for the City's Water Systems. The parties thereafter negotiated the terms of a professional services agreement to govern the Project. Relationship to Comprehensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends adoption of Resolution No. 001-22, authorizing the Mayor to execute Contract No C001-22 with Murraysmith, Inc. in the amount of $80,000.00 annually for the 2022 On-Call/Modeling Update Services for the City's Water Systems and documenting procurement procedures. Motion for Consideration: I move to adopt Resolution No. 001-22, authorizing the Mayor to execute Contract No C001-22 with Murraysmith, Inc. in the amount of $80,000.00 annually for the 2022 On- Call/Modeling Update Services for the City's Water Systems and documenting procurement procedures. Fiscal Impact: Funding allocated for On -Call services is within the approved 2021-2022 Biennial Budget, but given current fund balances, a Budget Amendment may be required. Page 55 of 178 Back to Agenda Alternatives: None Staff Report 4F Page 2 of 2 Attachments: Resolution No. 001-22 and Contract No. C001-22 Page 56 of 178 Back to Agenda RESOLUTION NO. 001-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C001-22 WITH MURRAYSMITH, INC. FOR THE 2022 ON-CALL/MODELING UPDATE SERVICES FOR THE CITY'S WATER SYSTEMS AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES PROCUREMENT PROCEDURES. WHEREAS, pursuant to RCW 39.80, the City of Port Orchard's Public Works Department annually publishes a general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for a Professional Services Roster; and WHEREAS, on June 3, 2013 the City of Port Orchard began utilizing the MRSC Consultant Roster database, whereby MRSC publishes annually on the City's behalf, the genera; Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and WHEREAS, the City utilizes a professional engineering firm to perform on-call/modeling review of the City's water system; and WHEREAS, in order to ensure the City is utilizing a currently qualified consultant at a competitive rate for these services, the City solicited for a consultant in 2021; and WHEREAS, on October 27, 2021, the City of Port Orchard Public Works Department selected twelve (12) qualified firms from the MRSC Professional Services Roster for the Main Category; Engineering Services and Sub -Category; Water System Planning and Design; and WHEREAS, on November 3, 2021, an email Request for Qualifications (RFQ) was sent to the twelve (12) qualified firms, soliciting a Statement of Qualifications for the 2022 On- Call/Modeling Update Services for the City's Water Systems; and WHEREAS, by the November 12, 2021 RFQ deadline, only one (1) Statement of Qualifications was received by the City, submitted by Murraysmith, Inc.; and WHEREAS, Staff reviewed the Statement of Qualifications and confirmed it met the requirements of the RFQ and on November 16, 2021, Staff notified Murraysmith, Inc. that they had been selected for the 2022 On-Call/Modeling Update Services for the City's Water Systems, being determined as the most qualified professional services engineering firm, subject to Council approval; and WHEREAS, on December 8, 2021, a scope clarification meeting with Murraysmith, Inc. was held; and Page 57 of 178 Back to Agenda Resolution No. 001-22 Page 2 of 2 WHEREAS, on December 14, 2021, the City's Public Works Department received a viable Project Understanding (Scope and Budget) from Murraysmith, Inc., and the City negotiated the remaining terms of a service agreement with the selected Consultant; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES /_FiY9]USITITI&S THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute Contract No. C001-22 with Murraysmith, Inc. for the 2022 On-Call/Modeling Update Services for the City's Water Systems and adopts the "Whereas" statements contained herein as findings in support of the City's consultant selection procurement procedures. 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 January 2022. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 58 of 178 CITY OF PORT ORCHARD (WATER ON CALL) PROFESSIONAL SERVICES AGREEMENT THIS Agreement ("Agreement") is made effective as of the 1st day of January 2022, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Murraysmith, Inc, a corporation, organized under the laws of the State of Oregon, doing business at: Murraysmith, Inc. (hereinafter the "CONSULTANT") 600 University Street, Suite 300 Seattle, WA 98101 Contact: Erika Schuyler, PE, PMP Phone: 206.462.7030 For 2022 On-Call/Modeling Update Services for the City's Water Systems TERMS AND CONDITIONS 1. Services by Consultant A. The Consultant shall perform the water on -call professional services, on a project basis, as described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work and any task order issued by the City consistent therewith, without prior written authorization from the City. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to be the parties and incorporated in written amendments to the Agreement. C. Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. Consultant shall perform the services in accordance with the direction and scheduling provided by the City. If delays beyond Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. D. The Consultant shall not subcontract with subconsultants for the performance of any work under this Agreement without prior written permission of the City. 2. Duration of Work The Consultant shall not begin any work under this Agreement until the City has issued a Notice to Proceed. This Agreement shall expire on December 31, 2022, unless extended by an amendment City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. COOI-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content Outlook\2KXQ63CC\2022-On Call -Water CA 12 14 21 docx lofII Page 59 of 178 Back to Agenda executed by the duly authorized representatives of the parties. The City reserves the right to offer two, one- year extensions prior to contract expiration to retain the selected company's services. Payment A. Compensation under this Agreement will be on a "time and materials, not to exceed" basis, based on the fees included for each approved task assignment, provided total compensation for these services shall not exceed Eighty Thousand Dollars ($80.000.00] without written authorization, and will be based on the list of hourly billing rates and reimbursable expenses set forth in Exhibit B, attached hereto and incorporated herein by this reference. B. The Consultant shall be paid by the City for completed services rendered. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies equipment and incidentals necessary to complete the work. The Consultant shall bill the City on a monthly basis showing each task as a separate item with the "not to exceed" amount, any prior billings, the current billing, and the balance remaining by task. C. The amount paid by the City for each invoice shall not exceed the amount in Section 3A above and the hourly billing rates set forth in Exhibit B, except where there are conflicts with the City's Policy on Travel Expenses. The City's Policy on Travel Expenses shall supersede. The City shall pay the full amount of an invoice within sixty (60) days of receipt. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. D. The Consultant will not undertake any work or otherwise financially obligate the City in excess of said not -to -exceed amount in Section 4 without a duly authorized amendment to this Agreement. In the event services are required beyond those specified in Section 1 and not included in the compensation listed in this Agreement, a written contract amendment shall be negotiated and approved by the City before any effort is expended on such services. E. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. F. At all times the Consultant shall comply with all federal, state and local laws and regulations applicable to independent contractors, including, but not limited to, all applicable public health requirements in response to COVID-19, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer -employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. G. If the services rendered do not meet the requirements of this Agreement, the Consultant will correct or modify the work to comply with this Agreement. The City may withhold payment for such work until the work meets the requirements of this Agreement. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22. Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Content Outlook\2KXQ83CC\2022-On Call -Water CA 12.14.21.docx 2of11 Page 60 of 178 4. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the terms of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 5. Relationship of Parties The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub - consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub - consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub - consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 6. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorseyWppData\Local\Microsoft\Windows\lNetCache\Content.Outlook\2KXQ83CC\2022-On Call -Water CA 12 14 21 docx 3of11 Page 61 of 178 Back C. bights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension, The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. Termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Upon receipt of the notice of termination, the Consultant will promptly discontinue all services under this Agreement. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 7. Standard of Care The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 8. Ownership of Work Product A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\[NetCache\Content.Outlook\2KXQ83CC\2022-On Call -Water CA 12.14.21-docx 4of11 Page 62 of 178 Back to Agenda B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 9. Work Performed at the Consultant's Risk The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 10. Indemnification The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 11. Insurance The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Before beginning work on the project described in this Agreement, the Consultant shall provide evidence, in the form of a Certificate of Insurance, of the following insurance coverage and limits (at a minimum): A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\ContenLOutlook\2KXQ83CC\2022-On Call -Water CA 12,1421,docx 5of11 Page 63 of 178 Back to Agenda or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liabili insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: Automobile Liabilily insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $2,000,000 each occurrence, $5,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\rndorsey\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\2KXQ83CC\2022-On Call -Water CA 12 14.21.docx 6ofII Page 64 of 178 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 12. Assigning or Subcontracting The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 13. Notice Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Adam Schuyler, PE, PMP Murraysmith, Inc 600 University Street, Suite 300 Seattle, WA 98101 Phone: 206.462.7030 14. Resolution of Disputes and Governing Law A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\INetCache\Conten4Outlook\2KXQ83CC\2022-On Call -Water CA 12.14.21.docx 7ofII Page 65 of 178 15. General Provisions A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits and Appendices attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits and Appendices attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits or Appendices to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. E. Certification regarding debarment and suspension. By signing this Agreement the Consultant certifies to the best of its knowledge and belief, that it and its principals: (1) are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (2) have not within a three-year period preceding the effective -date of this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state or local) with commission of any of the offenses enumerated herein of, and (4) have not within a three-year period preceding the effective date of this Agreement had one or more public transactions (federal, state or local) terminated for cause or default. 16. 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. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\1NetCache\Content.Outlook\2KXQ83CC\2022-On Call -Water CA 12.14.21.docx 8ofi1 Page 66 of 178 Back to Agenda Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for 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 Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No..0001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Locai\Microsoft\Windows\INetCache\Content.Outlook\2KXQ83CC\2022-On Call -Water CA 12.14 21 docx 9of11 Page 67 of 178 Back to Agenda IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON By: - - Robert Putaansuu, Mayor Name: Title: ATTEST/AUTHENTICATE: M. Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\[NetCache\Content.Outlook\2KXQ83CC\2022-On Call -Water CA 12.14.21.docx 10of11 Page 68 of 178 During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. 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 Murraysmith, Inc On Call Professional Service Agreement Contract No. C001-22 Rev 12.14.2021 C:\Users\mdorsey\AppData\Local\Microsoft\Windows\lNetCache\Content. Out] ook\2KXQ83CC\2022-On Call -Water CA 12.14.21,docx 11 of 11 Page 69 of 178 Back to Agenda EXHIBIT A Exhibit A Scope of Work City of Port Orchard Water Supply Facilities Professional Engineering Services On -Call Statement of Understanding This Contract for on -call Professional Engineering Services is to supplement the capabilities of City of Port Orchard staff by providing engineering services related to the City's water supply facilities. Specific work under this Contract will be performed by Murraysmith, Inc on an individual task order basis. A specific scope, budget, and schedule will be provided for each requested task order. The Consultant is expected to respond promptly to task order requests. The Schedule of Charges and Non -Labor Charges is included as Exhibit B. BUDGET The total Project Budget is $80,000. The budget for each task order shall not be exceeded without advance written approval of the City. PROJECT SCHEDULE To be determined on a task order basis. Page 70 of 178 Back to Agenda EXHIBIT B 2022 SCHEDULE OF CHARGES Personnel: murraysmitI► �- Labor will be invoiced by staff classification at the following hourly rates, which are valid from January 1, 2022 through December 31, 2022. After this period, the rates are subject to adjustment. Billing Classifications 2022 Rates Blliing Classifications 2022 Rates Principal Engineer VI $294 Cost Estimator III $273 Principal Engineer V $284 Cost Estimator II $221 Principal Engineer IV $273 Cost Estimator 1 $168 Principal Engineer III $263 Construction Manager VIII $250 Principal Engineer II $252 Construction Manager VII $241 Principal Engineer 1 $242 Construction Manager VI $224 Professional Engineer IX $233 Construction Manager V $207 Engineering Designer IX $225 Construction Manager IV $196 Professional Engineer VIII $221 Construction Manager III $179 Engineering Designer VIII $215 Construction Manager 11 $165 Professional Engineer VII $211 Construction Manager 1 $140 Engineering Designer VII $204 Inspector VII $207 Professional Engineer VI $201 Inspector VI $190 Engineering Designer VI $194 Inspector V $172 Professional Engineer V $190 Inspector IV $160 Engineering Designer V $184 Inspector III $142 Professional Engineer IV $180 Inspector 11 $129 Engineering Designer IV $176 Inspector I $110 Professional Engineer III $173 Technician IV $173 Engineering Designer III $173 Technician III $158 Engineering Designer II $163 Technician 11 $137 Engineering Designer I $152 Technician 1 $121 Principal 111 $299 Project Coordinator IV $168 Principal II $280 Project Coordinator III $152 Principal 1 $255 Project Coordinator II $137 Project Manager III $230 Project Coordinator 1 $126 Project Manager II $205 Administrative III $126 Project Manager I $180 Administrative II $116 Administrative 1 $104 Project Expenses: Expenses incurred that are directly attributable to the project will be invoiced at actual cost. These expenses include the following: CADD Hardware/Software $18.00/hour Modeling and GIS Hardware/Software $10.00/hour Mileage Current IRS Rate Postage and Delivery Services At Cost Printing and Reproduction At Cost Travel, Lodging, and Subsistence At Cost Outside Services: Outside technical, professional, and other services will be invoiced at actual cost-plus 10 percent to cover administration and overhead. 2022 Puget Sound/CA MURRAYSMITH Confidential Page 71 of 178 Back to Agenda ftf� l _IIIII nagoe k a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4G Subject: Adoption of a Resolution Granting Final Plat Approval for McCormick Woods North Phase III, Division 2 Meeting Date: January 11, 2022 Prepared by: Nick Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: On August 5, 2021, Northcamp Property Investments, LLC, a successor owner to Doug Skrobut and GEM 1, LLC, of property identified as McCormick Woods North Phase III, Division 2 (a portion of McCormick North Phase III), submitted an application for final plat approval for the McCormick Woods North Phase III, Division 2 project. The City of Port Orchard Hearing Examiner was granted preliminary plat approval with conditions on October 20, 2010. A Mitigated Determination of Non -Significance for McCormick Village was issued on September 20, 2010. The applicant subsequently revised the preliminary plat approval for McCormick North Phase III through two plat minor modifications, approved by the Department of Community Development Director on January 17, 2012 and October 2, 2020. The final plat for the McCormick Woods North Phase III, Division 2 subdivision creates 66 single-family residential lots and 16 tracts, consisting of common open space, recreational space and shared access which is consistent with the conditions established by the October 20, 2010 Preliminary Plat Decision and September 20, 2010 Mitigated Determination of Nonsignificance, as amended on January 17, 2012 and October 2, 2020. The applicant has installed or bonded for roadway illumination, roads, sidewalks, landscaping, water and sewer, and storm drainage improvements, and the City has received acceptable bonds guaranteeing completion of any improvements not yet completed. Streets within this final plat are for public use and will be accepted into the City's road system. Relationship to Comprehensive Plan: N/A Recommendation: Adoption of a resolution, granting approval of the final plat of Plat of McCormick Woods North Phase III, Division 2. Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for McCormick Woods North Phase III, Division 2. Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure. Alternatives: Approval with added conditions. Attachments: Resolution, Plat map, Department of Community Development Approval Letter, Public Works Approval Letter, Landscaping Performance Bond, Performance Bond for certain civil improvements, and Bill of Sale. Page 72 of 178 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 66-LOT AND 16-TRACT PLAT KNOWN AS MCCORMICK WOODS NORTH PHASE III, DIVISION 2 WHEREAS, property owner Greg Krabbe, on behalf of Northcamp Property Investments LLC (hereinafter "Applicant"), has submitted an application for final plat approval of the project known as McCormick Woods North Phase III, Division 2 on undeveloped property located in the City of Port Orchard (hereinafter "the Property"); and WHEREAS, in 2010, the Applicant submitted an application for preliminary plat approval for the McCormick North Phase III to subdivide 129 acres into 159 single-family lots and related tracts, including the McCormick Village phase; and WHEREAS, on October 10, 2010, after a duly -noticed public hearing to review the proposed development, the City of Port Orchard Hearing Examiner approved the Preliminary Plat for the McCormick North Phase III; and WHEREAS, the Property is subject to a Development Agreement vesting the property to certain development standards, recorded on December 21, 2010; and WHEREAS, the Property is subject to a Development Agreement for traffic, recorded on October 21, 2005 as modified and recorded on February 19, 2021; and WHEREAS, on January 17, 2012, the City of Port Orchard Development Director approved a Minor Plat Amendment to the McCormick North Phase III preliminary plat; and WHEREAS, on October 2, 2020, the City of Port Orchard Development Director approved a Minor Plat Amendment to the McCormick North Phase III preliminary plat; and WHEREAS, on August 5, 2021 the Applicant submitted an application seeking final plat approval for a portion of the McCormick North Phase III preliminary plat known as McCormick Woods North Phase III, Division 2, for the subdivision of 66 single-family residential lots, 16 tracts, and public right-of-way; and WHEREAS, City staff has reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in place to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and Page 73 of 178 Back to Agenda Resolution No. Page 2 of 3 WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded, and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the Applicant has secured bonds guaranteeing completion of certain improvements required by the Preliminary Plat Approval; and WHEREAS, the City Council finds that the McCormick Woods North Phase III, Division 2 Final Plat conforms to all terms and conditions of the preliminary plat approval, as approved by the Hearing Examiner, and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and WHEREAS, the City Council finds that the McCormick Woods North Phase III, Division 2 Final Plat conforms to the applicable zoning requirements and Port Orchard's Comprehensive Plan; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council approves the final plat for McCormick Woods North Phase III, Division 2, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The McCormick Woods North Phase III, Division 2 subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. Page 74 of 178 Back to Agenda Resolution No. Page 3 of 3 PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 11t" day of January 2022. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 75 of 178 Back to Agenda MCCORMICK WOODS NORTH PHASE III, DIVISION 2 A PORTION OF THE NE 1/4 & THE SE 1/4 OF THE SE 1/4 OF SEC. 05, TWP. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON Q� en a a Qp S Y U �99 �N4 SW HUDSON DR SITE "' HIBISCUS CIR SW a r w J CD SW YA OW ST SW OLD CLIFTQN RD 1"=1000' PLAT NOTE: ALL LOTS ARE HEREBY SUBJECT TO AN EASEMENT 2.50 FEET IN WIDTH PARALLEL WITH AND ABUTTING ALL INTERIOR LOT LINES AND 5.0 FEET IN WIDTH PARALLEL WITH AND ABUTTING ALL FRONT AND REAR LOT LINES FOR THE PURPOSE OF INSTALLATION, REPAIR AND MAINTENANCE OF WALLS, STORM DRAINS AND OTHER UNDERGROUND PRIVATE UTILITIES. IN THE EVENT A LOT LINE ADJUSTMENT IS APPROVED BY THE CITY AFTER THE RECORDING OF THIS PLAT, THE EASEMENT SHALL MOVE WITH THE ADJUSTED LOT LINES. MAINTENANCE OF THESE EASEMENTS AND THE WALLS AND UTILITIES WITHIN THEM SHALL BE THE RESPONSIBILITY OF THE OWNERS OF THE LOT(S) AND/OR TRACT(S) DERIVING BENEFIT FROM SAID EASEMENT. UPON COMPLETION OF ANY WORK DONE WITHIN THESE EASEMENTS THEY SHALL BE FULLY AND IMMEDIATELY RESTORED BY THOSE RESPONSIBLE FOR THE WORK TO THEIR ORIGINAL OR BETTER CONDITION. THESE EASEMENTS HAVE NOT BEEN DEPICTED HEREIN AND ARE HEREBY GRANTED TO THE HOMEOWNERS ASSOCIATION, THEIR CONTRACTOR(S) AND/OR ASSIGNS. UTILITY EASEMENT: AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO CASCADE NATURAL GAS, ANY WATER COMPANY, US POSTAL SERVICE, QWEST COMMUNICATIONS COMPANY, PUGET SOUND ENERGY, INC., ANY CABLE TELEPHONE COMPANY, ANY CITY, KITSAP COUNTY, ANY OTHER PUBLIC OR PRIVATE UNDERGROUND UTILITY SERVICE (INCLUDING, BUT NOT LIMITED TO, PRIVATE ROOF DRAINS) AND OTHER UTILITIES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE EXTERIOR TEN (10) FEET OF FRONT BOUNDARY LINES OF ALL LOTS AND TRACTS, IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE, MAINTAIN AND REMOVE UTILITY SYSTEMS, LINES, FIXTURES AND APPURTENANCES ATTACHED THERETO, FOR THE PURPOSE OF PROVIDING UTILITY SERVICES TO THE SUBDIVISION AND OTHER PROPERTY, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AND TRACTS AT ALL TIMES FOR THE PURPOSES STATED, WITH THE UNDERSTANDING THAT ANY GRANTEE SHALL BE RESPONSIBLE FOR ALL UNNECESSARY DAMAGE IT CAUSES TO ANY REAL PROPERTY OWNER IN THE SUBDIVISION BY EXERCISE OF RIGHTS AND PRIVILEGES HEREIN GRANTED. SURVEYOR'S NOTES: 1) THE MONUMENT CONTROL SHOWN FOR THIS SITE WAS ACCOMPLISHED BY FIELD TRAVERSE UTILIZING A ONE W SECOND THEODOLITE WITH INTEGRAL ELECTRONIC DISTANCE MEASURING METER (GEODIMETER 600) AND REAL TIME KINEMATIC (RTK) / STATIC GLOBAL POSITIONING SYSTEM (GPS). LINEAR AND ANGULAR CLOSURE OF THE TRAVERSES MEET THE STANDARDS OF WAC 332-130-090. 2) UTILITIES OTHER THAN THOSE SHOWN MAY EXIST ON THIS SITE. ONLY THOSE WHICH ARE VISIBLE OR HAVING VISIBLE EVIDENCE OF THEIR INSTALLATION ARE SHOWN HEREON. 3) THIS SURVEY REPRESENTS PHYSICAL IMPROVEMENT CONDITIONS AS THEY EXISTED MAY 22. 2017, THE DATE OF THIS FIELD SURVEY. 4) FULL RELIANCE FOR LEGAL DESCIPTIONS AND RECORDED EASEMENTS HAVE BEEN PLACED ON THE TITLE REPORT FROM FIRST AMERICAN TITLE INSURANCE COMPANY, 3RD AMENDED SUBDIVISION GUARANTEE NUMBER 5003353-0002997E, DATED NOVEMBER 9, 2021. NO ADDITIONAL RESEARCH HAS BEEN ATTEMPTED. 5) OFFSET DIMENSIONS SHOWN HEREON ARE MEASURED PERPENDICULAR TO PROPERTY LINES. 6) SHOULD A PRIVATE ROAD SERVE MORE THAN TWO DWELLINGS PER THE CITY OF PORT ORCHARD FIRE CODE, THE NEW DWELLING UNITS WILL BE REQUIRED TO BE PROVIDED WITH A FIRE SPRINKLER SYSTEM IN ALL HOUSES BUILT, 7) ALL LOTS SHALL ACCESS FROM INTERIOR ROADS ONLY. NW NE J SW S KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN THE FEE SIMPLE OR CONTRACT PURCHASER AND MORTGAGE HOLDER OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES SHOWN THEREON AND USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON. THE UNDERSIGNED OWNERS HEREBY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SATD ROAD. THIS SUBDIVISION HAS BEEN MADE WITH OUR FREE CONSENT AND IN ACCORDANCE WITH OUR DESIRES. THE BREMERTON WATER AND PORT ORCHARD SEWER UTILITIES LOCATED WITHIN THE PUBLIC RIGHT- OF-WAY OR PUBLIC EASEMENTS, SHOWN HEREON, ARE TO BE DEDICATED TO THE CITY OF PORT ORCHARD THE STORM CONVEYANCE SYSTEM LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY OR PUBLIC EASEMENTS, SHOWN HEREON, ARE TO BE DEDICATED TO THE CITY OF PORT ORCHARD. THE UNDERSIGNED OWNERS OF THE INTEREST IN THE REAL ESTATE DESCRIBED HEREIN HEREBY DECLARE THIS MAP AND DEDICATE THE SAME FOR A COMMON INTEREST COMMUNITY NAMED McCORMICK WOODS HOMEOWNER'S ASSOCIATION, A PLAT COMMUNITY, AS THAT TERM IS DEFINED IN THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT, SOLELY TO MEET THE REQUIREMENTS OF THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT AND NOT FOR ANY PUBLIC PURPOSE. THIS MAP AND ANY PORTION THEREOF IS RESTRICTED BY LAW AND THE DECLARATION FOR MCCORMICK WOODS HOMEOWNER'S ASSOCIATION, RECORDED UNDER KITSAP COUNTY RECORDING NO. IN JaTNESS WHERE , WE HAVE HEREUNTO SET OUR HANDS AND SEArRPME IS.�AY OF 2021. MCCO COM NIT S LLC, MCC DEVN�l CORP., A HIN 0 IMI -J A$ILITY COMPANY A ASHIN ON A]fION BY: %^SAMe% W __VCJ!�^r1 PANY BY: 7J P"r--S iN ko5T1 ITS: St ACKNOWLEDGEMENTS: STATE OF WASHINGTON ) COUNTY OF klv/ 1)55 ON THIS DAY OF > '^ 20 11 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED TO ME PERSONAL Y KN N (0 PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE Q 1 ' F MCCORMICK COMMUNITIES LLC, A WASHINGTON LIMITED LIABILITY COMPANY, THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY, IS THE CORPORATE SEAL OF SAID CORPORATION. WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEA N THIS CERTIFICATE ABOVE WRITTEN. �J NOTARY PUBUC NOTARY PUBLIC IN AND FOR THE STATE STATE OF WASHINGTON OF WASHINGTON, RESIDING IN �J'L,~sJ ANDREW 0 MARSHALL MY COMMISSION EXPIRES MY COMMISSION EXPIRES: Z ZC 1, FEBRUARY 26, 2025 COMMISSION NO,164918 PRINT NOTARY NAME STATE OF WASHINGTON ) ) SS COUNTY OF ON THIS DAY OF 20 I BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE ST TE OF WA I GTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED TO ME PERSONALLj' KNnO N (0 PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE TH t�� It F MCCORMICK DEVELOPMENT CORP, A WASHINGTON CORPORATION , TH CO PANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY, IS THE CORPORATE SEAL OF SAID CORPORATION. WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE ABOVE WRITTEN. 1 NOTARY PUBLIC STATE OF WASHINGTON NOTARY PUBLIC IN AND FOR THE STATE 1 ANDREW D MARSHALL OF WASHINGTON, RESIDING IN i) MY COMMISSION EXPIRES FE13RUARY 26, 2025 MY COMMISSION EXPIRES: Z L� COMMISSION NO. 16491 B —p au L i PRINT NOTARY NAME STATE OF WASHINGTON } ) SS COUNTY OF T - r ON THIS DAY OF 20� [ BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHI gTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED ) TO ME PERSONAL Y KNUb(N (0 PROVEN ON THE BASIS OF SATIS ACTORY EVIDENCE) TO BE THE ��<J 5t ffpF NORTHCAMP PROPERTY INVESTMENTS LLC, A WASHINGTON LIMITED LIABILITY COMPANY, THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT AND THAT THE SEAL AFFIXED, IF ANY, IS THE CORPORATE SEAL OF SAID CORPORATION. WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN T IS CERTIFICATE ABOVE WRITTEN. 1 NOTARY PUBLIC NOTARY PUBLIC IN AND FOR THE STATE 1 STATE OF WASHINGTON ANDREW D MARSHALL OF WASHINGTON, RESIDING IN�- MY COMMISSION EXPIRES FEBRUARY 26,2025 MY COMMISSION EXPIRES: COMMISSION NO.164919 L � j� - ,� I l PRINT NOTARY NAME PLAT 23N., RNG. APPROVAL CITY ENGINEER SHEET 1 OF 7 1 E. W. M. I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY/SHORT PLAT APPROVAL, I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF STREETS, ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED BY ME THIS DAY OF 21. CI ENGINEER. CITY COUNCIL APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD THIS . DAY OF 2021. ATTEST: CITY CLERK MAYOR CITY FINANCE DIRECTOR I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THE PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED. rr��$ EXE�CfUTE THIS ! DA�Y�OF� 2021. FINANCE DIRECTOR AUDITOR'S CERTIFICATE FILED AT THE REQUEST OF STEPHEN H WOODS, PLS, THIS ----DAY OF 2021, AND RECORDED IN VOLUME OF PLATS, PAGE (S) RECORDS OF KITSAP COUNTY, WASHINGTON. KITSAP COUNTY AUDITOR FEE: COUNTY TREASURER THIS IS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAS BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR EXECUTED THIS _ DAY OF , 2021. COUNTY TREASURER COMMUNITY DEVELOPMENT DIRECTOR I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF STREETS, ALLEYS AND OTHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED THIS 'h DAY OF ++^ 2021. CO UNT Y DEVELOPMENT DIRECTOR DATE LAND SURVEYOR'S CERTIFICATE: THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF MCCORMICK COMMUNITIES LLC, A WASHINGTON CORPORATION, IN APRIL, 2021, I HEREBY CERTIFY THAT THIS MAP FOR MCCORMICK WOODS NORTH PHASE III, DIVISION 2 PLAT, IS BASED UPON AN ACTUAL SURVEY OF THE PROPERTY HEREIN DESCRIBED; THAT THE BEARINGS AND DISTANCES ARE CORRECTLY SHOWN; THAT ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; ALL MONUMENTS AND LOT CORNERS ARE SET OR BONDED WITH THE CITY AND WILL BE SET PRIOR TO RELEASE OF THE BOND. THAT THIS PLAT CONFORMS TO THE APPROVED PRELIMINARY PLAT AND THE CONDITIONS OF APPROVAL THEREOF. STEPHE . WOODS, P.L.S. 313965 r DATE Job No. 20— 042 E N G I N E E R I N G L L C CIVIL ENGINEERS -SURVEYORS LAND PLANNERS 4706 97th Street NW, Suite #100, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourpllc.com L SHEET 1 OF 7 J Page 76 of 178 Back to Agenda MCCORMICK WOODS NORTH PHASE III, DIVISION 2 PLAT SHEET z of 7 A PORTION OF THE NE 1/4 & THE SE 1/4 OF THE SE 1/4 OF SEC. 05, TWP. 23N., RNG. 1E. W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON CURVE TABLE LINE TABLE LEGAL DESCRIPTION: CURVE ARC DELTA RADIUS C1 43.63' 10'00'00" 250.00' C2 117.82' 03'51'04" 65.00' C3 96.98' 24'25'24" 227.50' C4 82.53' 72'44'47" 65.00' C5 129.81' 7'26'14" 1000.00' C6 42.60' 93'52'12" 26.00' C7 31.42' 69'14'22" 26.00' CB 11.18' 24'37'50" 26.00' C9 106.14' 24'25'24" 249.00' CIO 9.92' 2'16'56" 249.00' C11 15.0i' 3'27'13" 249.00' C12 57.61' 13'15'24" 249.00' C13 23.60' 5'25'51" 249.00' C14 109.83' 72'44'47" 86.50' C15 35.06' 23'13'17" 86.50' C16 35.01' 23'11'25" 86.50' C17 39,76' 26'20'05" 86.50' C18 96.37' 0*43'51" 351:00' C19 27.38' 4'28'08" 351.00' C20 13.83' 3'10'07" 250.00' C21 143.49' 23'29'21" 350.00' C22 3.99' 0'39'09" 350.00' C23 15.00' 2'27'23" 350.00, C24 79.10' 12'14'56" 37D.00' C25 41.02' 83'56'49" 28.00' C26 55.00' 1'52'57" 1674.00' C27 47.12' 96'25'42" 28.00' C28 24.15' 0'50'54" 1631.00' C29 19.60' 0*41'19" 1631.00' C30 55.23' 72'44'47" 43.50' C31 87.81' 24'25'24" 206.00' C32 72.18' 20'04'28" 206.00' C33 15.64' 4'20'56" 206.00' C34 40.74' 83'22'30" 28.00' C35 4.98' O'ii'59" 1429,00' C36 42.32' 66'35'52" 28.00' C37 47.46' 97'06'37" 28.00' C38 15.98' 0'39'39" 13B6.00' C39 97.47' 5'28'02" 1021.50' C40 63.46' 3'33'34" 1021,50' C41 40.37' 82'36'17" 28.00' C42 44,68' 5'14'07" 489.00' C43 39.88' 10'00'00" 228.50' C44 78.85' 103'51'04" 43.50' C45 56.73' 87'53'29" 43.50' C46 12.12' 15'57'35" 43.50' C47 40.09' 82'01'41" 28.00' C46 48.23' 98'41'11" 28.00' C49 39.50' 80'49'23" 28.00' C50 9.45' 19'20'03" 28.00' C51 30.05' 61'29'19" 28.00' C52 156.78' 103'51'04" 86.50' C53 10.57' 7'00'13" 86.50' C54 47.95' 31'45'45" 86.50' C55 36.56' 24'12'53" 86.50' C56 29.14' 19'18'13" 86.50' C57 32.56' 21"34'00" 86.50' C58 33.02' 71'50'49" 25'33' C59 10.72' 61'24'15" 10.00' C50 48.58' 60'04'43" 46.33' C61 22.98' 28'24'41" 46.33' C62 25.61' 31'40'03" 46.33' C63 14.42' 82'36'47" 10.00' C64 47.39' 10'00'00" 271.50' C65 12.96' 2'44'03" 271.50' C56 34.43' 7'15'57" 271.50' C67 28.97' 3'43'17" 446.00' C68 47.37' 96'56'21" 2B.00' C69 44.14' 90'19'28" 2B4O0' C70 3.23' 5'36'52" 28.00' C71 42.73' 81'36'52" 30.00' C72 13.10' 2'16'29" 330.00' C73 47.13' 90'00'19" 30.00' C74 47.37' 96'56'21" 28.00' C75 41.38' 81'45'08" 29.00' C76 52.92' 9'ii'i6" 330.00' C77 11.02' 22'33'08" 28.00' C78 36.35' 74'23'13" 2B.00' C79 5.24' 30'00'00" 10.00' C80 10.47' 30'00'00" 20.00' C8i 7.27' 14*52.19" 28.00' C82 33.76' 69'04'31" 28,00, CB3 5.93' 12'07'47" 28.00' C84 34.44' 70'28'31" 28.00' C85 5.19' 0'13'53" 1285.00' CURVE ARC DELTA RADIUS C86 6,67' B'47'31" 43,50' C87 10,09' f3*17'i9" 43.50' CB8 4.80' 0'10'07" 1631.00' C89 5.24' 10'43'29" 26.00' C90 1.0.25' 20'58'36" 28.00' C91 7.36' 15'03'54*' 28.00' C92 10.63' 21'45'04*' 26.00' C93 1.05' 2'09'li" 28.00' C94 10,06' 20'34'49" 28.00' C95 6.01' 12'17'27" 28.00' C96 4.03' 0*13'31" 1025.00' C97 9.10' 6'01'44" 86.50' C98 9.90, 6'33'17" 86.50' C99 0.79' 1'30'03" 30,00' C100 10.24' 19'33'40" 30.00' C10i 0.39' 0'04'01" 330.00' C102 9.74' 19'14'41" 29.00' C103 5.18' 10*36'11" 28.00' C104 5.07' 10'22'25" 28,00' CURVE ARC DELTA RADIUS C105 63.39' i0'29'49" 346.00' C106 14.19' 2'20'56" 346.00' C107 49.20' 8'08'52" 346.00' C1081 42.12' 17'17'21" 139.57' C1091 41,64' 7'43'45" 308.64' Cii0l 5.27' 0-32'22" 560.00' LINE BEARING DISTANCE L1 N12.5T 52"E 8.95' L2 NO2'50'45"E 12.7B' L31 N10'41'43"E 1i.B4' L41 N04'26'13'E 32.26' L51 S68'20'39"E 27.14' L6 Si1'23'32"W 25.36' L7 SB6'17'29'E 29.02' L8 S41*34'08"E 7.02' L9 S28'01'07"W 12.30' L1O N77'42'45"W 19.00' L11 S14*35'45"E 11.44' L12 S64'45'25"E 11.B4' L13 N12'57*52"E 8.95' L14 N59'26'24"W 20.00' L15 Sii'4i'02"E 33.91' L16 S12*57'52"W 8,95' L171 N00'33'17"E 25.97' LIBI S30'33'17"W 7.12' L191 S59'26'24"E 4.01' L20 N66'17'29"W 28.69' L21 S66'17'29"E 0.33' L22 N25'31'30"E 18.98' L23 S64'45'25"E 15.10' L24 S64'45'25"E 3.26' L25 N19'10'56"E 8,38' LINE BEARING DISTANCE L26 N44'16'38"W 57.00' L27 S44'ii'24"W 20.70' L28 N50'36'10"E 24.98' L29 N30'24'14"E 71.59' L30 S31'05'15"W 37.27' L31 S67'24'07"E 60.01' L32 S45'12'12"E 5.08' L331 500'19'38"E 49,91' L341 561'57'34"E 27.43' LOT ADDRESS LOT NO. ADDRESS LOT NO. ADDRESS LOT NO. ADDRESS 1 4554 EXPLORER AVE 23 4443 EXPLORER AVE 45 4496 WANDERING WAY 2 4548 EXPLORER AVE 24 4449 EXPLORER AVE 46 4500 WANDERING WAY 3 4542 EXPLORER AVE 25 4455 EXPLORER AVE 47 4504 WANDERING WAY 4 4536 EXPLORER AVE 26 4461 EXPLORER AVE 48 4508 WANDERING WAY 5 4530 EXPLORER AVE 27 4467 EXPLORER AVE 49 4512 WANDERING WAY 6 4524 EXPLORER AVE 28 4473 EXPLORER AVE 50 4509 WANDERING WAY 7 4518 EXPLORER AVE 29 4479 EXPLORER AVE 51 4503 WANDERING WAY B 4512 EXPLORER AVE 30 3449 BITTERN LN 52 4497 WANDERING WAY 9 4506 EXPLORER AVE 31 3443 BITTERN LN 53 4491 WANDERING WAY 10 4500 EXPLORER AVE 32 3437 BITTERN LN 54 4485 WANDERING WAY 11 4494 EXPLORER AVE 33 3431 BITTERN LN 55 4479 WANDERING WAY 12 4488 EXPLORER AVE 34 3425 BITTERN LN 56 4473 WANDERING WAY 13 4482 EXPLORER AVE 35 3419 BITTERN LN 57 4467 WANDERING WAY 14 4476 EXPLORER AVE 36 3446 BITTERN LN 58 4461 WANDERING WAY 15 4470 EXPLORER AVE 37 3440 BITTERN LN 59 4455 WANDERING WAY 16 4464 EXPLORER AVE 38 3434 BITTERN LN 60 4449 WANDERING WAY 17 4458 EXPLORER AVE 39 3428 BITTERN LN 61 4443 WANDERING WAY 18 4452 EXPLORER AVE 40 3422 BITTERN LN 62 4437 WANDERING WAY i9 4446 EXPLORER AVE 41 3416 BITTERN LN 63 4431 WANDERING WAY 20 4440 EXPLORER AVE 42 3410 BITTERN LN 64 4425 WANDERING WAY 21 4434 EXPLORER AVE 43 44B8 WANDERING WAY 65 4419 WANDERING WAY 22 4437 EXPLORER AVE 44 4492 WANDERING WAY 66 4413 WANDERING WAY TRACT NOTES: i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i82.79.FEET ALONG THE CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 380.00 FEET AND A CENTRAL ANGLE OF 27'33'41"; THENCE NORTH 30'31'40" EAST TANGENT TO SAID CURVE, A DISTANCE OF 411.69 FEET TO THE NORTH LINE OF SAID REVISED PARCEL E AND THE TERMINUS OF SAID CENTERLINE; SIDELINES SHALL EXTEND ANO/OR TRUNCATE TO INTERSECT AT BOUNDARY LINES AND INTERSECTION. PARCEL V. A NON-EXCLUSIVE EASEMENT FOR INGRESS AND EGRESS CREATED BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE NO. 202001100233. IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF REVISED PARCELS A THROUGH E, INCLUSIVE, OF BOUNDARY LINE ADJUSTMENT SURVEY, RECORDED UNDER AUDITOR'S FILE NO, 201912050259. IN VOLUME 90 OF SURVEYS, PAGES 59 THROUGH 63, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. LYING WITHIN A STRIP OF LAND 60.00 FEET IN WIDTH, BEING 30.00 FEET ON BOTH SIDES OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; THENCE NORTH 02'57'46" EAST ALONG THE WEST LINE OF SAID SUBDIVISION, A DISTANCE OF 30.00 FEET TO THE NORTHERLY MARGIN OF OLD CLIFTON ROAD; THENCE CONTINUING NORTH 02'57'46" EAST ALONG SAID WEST LINE, A DISTANCE OF 436.74 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 87'02'19" EAST, A DISTANCE OF 437.58 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE; THENCE EASTERLY A DISTANCE OF 261,32 FEET ALONG THE CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 320.00 FEET AND A CENTRAL ANGLE OF 46'47'21"; THENCE NORTH 46'10'20" EAST TANGENT TO SAID CURVE, A DISTANCE OF 39.34 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE; THENCE NORTHEASTERLY AND EASTERLY A DISTANCE OF 20B.33 FEET ALONG THE CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 330.00 FEET AND A CENTRAL ANGLE OF 36*10'13"; THENCE NORTH 82'20'33" EAST TANGENT TO SAID CURVE, A DISTANCE OF 265,95 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE; THENCE EASTERLY A DISTANCE OF 669.88 FEET ALONG THE CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 1005.00 FEET AND A CENTRAL ANGLE OF 3B'11'26"; THENCE SOUTH 59'28'01" EAST TANGENT TO SAID CURVE, A DISTANCE OF 15l.03 FEET TO THE WESTERLY LINE OF AN INGRESS, EGRESS AND UTILITY EASEMENT RECORDED UNDER RECORDING NO. 201207300353, RECORDS OF KITSAP COUNTY, WASHINGTON AND THE TERMINUS OF SAID CENTERLINE: EXCEPT THAT PORTION DEDICATED TO THE CITY OF PORT ORCHARD. PARCEL VI: REVISED PARCEL E OF BOUNDARY LINE ADJUSTMENT SURVEY, RECORDED UNDER AUDITOR'S FILE NO. 201912050259, IN VOLUME 90 OF SURVEYS, PAGES 59 THROUGH 63, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. Job No. 20-042 SHEET 2 OF 7 Back to Agenda MCCORMICK WOODS NORTH PHASE III, DIVISION A PORTION OF THE NE 1/4 & THE SE 1/4 OF THE SE 1/4 OF SEC. 05, TWP. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON PARCEL V 60, INGRESS, EGRESS N46'11'57"E G UTILITIES EASEMENT- 39.34'(C) REC. NO. 202001100233 39.34'(R2) 2 PLAT SHEET 3 OF 7 23N. , RNG. 1E. W. M. SURVEY CONTROL & ORIGINAL PARCELS LAYOUT e= 10'14' 16" L=174,22' (C) L-174.22' (R2) r i N82.22` 265 in LEGEND: 0 = FOUND MONUMENT AS NOTED 39 = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. (R1) = BLA AFN 202103250360 (R2) = BLA AFN 201912050259 (C) = CALCULATED PARCEL IV B' RIGHT-OF-WAY IN0GR(-SS, EGRESS ti 2 6 UTILITIES EASEMENT AEC. NO. 2019i2240235 S87'00'24"E 334.17' (C) 334.17' (R2) S87'00'24"E 263B,7- (C) 2638.77' (R1) ti "^'�--- OLD CLIFTON ROAD 0 200 400 Scale: 1" = 200" SOUTHEAST CORNER OF SECTION 5/ SOUTHWEST CORNER OF SECTION 4, TOWNSHIP 23 N, RANGE 1 E. W.M.. CALCULATED, FOUND BRASS PLUG IN CONCRETE PER BLA NO. L-1078 SEE SHEET 2 OF 7 FOR LINE AND CURVE TABLES co N V CU m 8/'9 4 N87 '00' S7"E 16.97' (C) 16.97' (R1) Job No. 20-042 C UNTOUR E N G I N E E R I N G• L L C CIVIL ENGINEERS -SURVEYORS LAND PLANNERS 4706 97th Street NW, Suite #100, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info@contourPllC.Com 0 r Back to Agenda 0 0 m m [U CV ONCU 1 (n LU Ln •, Ln 0 z MCCORMICK WOODS NORTH PHASE III, DIVISION 2 PLAT SHEET 4 OF 7 A PORTION OF THE NE 1/4 &THE SE 1/4 OF THE SE 1/4 OF SEC. 05, TWP. 23N., RNG. lE. W.M. TRACT FD— 4 397000 SF CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON S88 '06' 41 "E 1312.97 ' (C) 1312.97' (R) 689.99, 622.99' SS9 s SA4p�41S1e N �s9 0401� 416 m �g0�9CJ0 \ \ A41, � O6. Q� �10�0 10 '3 '39•E L� !w ti �o \ \ hoop 4pIA22 F v h• n'ti _ � � J aQ 4,60. N4p'P2,N rR44j09 44) w .'Zhat 0 4, 583. v R_ j4,39• ,169 0 S3 " EXpL DEER ]� E EEs Or L 9t �rEAN L� Q CE CE ' 0 x w II I �gNDER j 60, INGRESS, EGRESS NG 6 UTILITIES EASEMENT !y� REC, NO. 202001100233' Y w TRACT FD-3 412331 SF 4- 49p 6", R-11 5so, 00 . 4 TRACT FD-2 790960 SF \r9go \ c. �h tiQ �'4p %• \ \ W h \ SSg S 09, / 4 q6 i „o tg1 96' v 10 B9 pQ GPJtc. ti 6� 10•,p2, V, �Ag DD D Q° 'vs9 �s- 43 �h hD f19 y'y22`Z�D� S5 TRACT FD-1 75397 SF �' �tioo h�a ho &0"' o o�Q o v�Q Oaf jm sue, 7 43� a > CD �pz N82 '43 ' 28 "W L-98 63� YAR \ s0�q FMFH , SEE sHEE'r 5 OF 7 q^ CC 1�'9 J 60. II >-w c TRACT o cos-E O U U VQ o � qb hhti 0�2 • r� ti ho 514 F_ 0 rn w m cv v cu a z N87'00' 57°E 16.97' (C) 16.97 ' (R) Scale. 1 — 100, SEE SHEET 2 OF 7 FOR LINE TABLE, CURVE TABLE AND LOT ADDRESSES LEGEND: 0 = MONUMENT FOUND. = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 3113965" SF = SQUARE FEET (R) = BLA AFN 202103250360 (C) = CALCULATED Job No. 20-042 OUR OENGINTE E R I N G- L L C CIVIL ENGINEERS -SURVEYORS LAND PLANNERS 4706 97th Street NW, Suite C00, Gig Harbor, WA 98335 Phone: 253-857-5454 Fax: 253-509-0044 info9contourpllc.com Back to Agenda MCCORMICK WOODS NORTH PHASE III, DIVISION 2 PLAT SHEET 5 of 7 A PORTION OF THE NE 1/4 & THE SE 1/4 OF THE SE 1/4 OF SEC. 05, TWP. 23N., RNG. 1E. W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON Nan . - o- (V - p p LD ca • e* LIA LLLn L1 J (r I C L- m � o Wv_ m Ij wo Lv ma W Cu F- J Z � H F- Lu La CC f L33 CIL9 / DETAIL "J" (NOT TO SCALE) LEGEND: e = MONUMENT FOUND. = SET #A REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 38965". X = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. UE = UTILITY EASEMENT SF = SQUARE FEET (R) = BLA AFN 202103250360 (C) = CALCULATED Scale: I )) = 100' SEE SHEET 2 OF 7 FOR LINE AND CURVE TABLE CENTER LINE DIMENSIONS ��Q V 1 � 1903. ck 0 0. �. 00 9 OS 4,19�9 9 H. Z" cc ,9 38965 � y`L �slp STE�F c,JQ if v rn L� Lr) Iq r, .�o zz�M2, C7 O J , I HH RJ w w LLJ , En m in Ln Q Z W Cr LL LL L7mQ M P Z J m m Q QL=Z ww =m zz ow Q Cc L.L0- U U N Cs I- I- w w In Ln a- H L= Q W H 4 U W 2 J z ==Ln =) CD F- V- Z U U ZD m J 00C�)am En In HUH V LO Q m N15 ;0 s„F .Q 1 LL- o Lam= C\jMLi ui O Li Z HIiCD � LZ Ln .L1 L WJ] Z •=lD 3m�H. LZO •H I W h•n�m H CC . . Y I amwLnn's En =CDLuM F-H LOM fj =DL7Z QLn aW ¢s+-4 W(nCcm;:- ` a Job No. 20-042 SHEET 5 OF 7 Back to Ag MCCORMICK WOODS NORTH PHASE III, DIVISION 2 PLAT a TRACT FD— 4 �0 3� L5 TRACT COS—C j (SEE SHEET 3 OF 5) 1039 SF c S78.30 ,39 "E 105. 00 , !! TRACT RD—B `C7 2067 SF U] L21I 0) L20 I C3 g o u- m SHEET 6 OF 7 U En -� 12 m � 6$4$ SF fr;•rl L10 d= 1 �� s1„ L=53 02, TRACT FD-3 ''r�! ' a A. 1'42'41" L=53 (SEE SHEET 4 OF 7) 0 4� 1'4 a o 41 " L `63 45 p E"' Cb � 1p1 � ` a 13 o d~ i •q2 41 " L -53 0 A 490. 67 , 6 �' 0 5601 5F 14 o o 2 R-177 50 ' 18 5202 SF 0 2'41„ L_5 5.00 a 15 Q m '�• "� 6077 5F '� 0 2' ry��o o `•/ a=23B1, ci � 5202 SF 16 1 q�41" 4-5 C87 I C86 cm `' Q ti S$ Q�/ — —_ '48 ' S3 " L =50 00 ' U' 5202 SF 4n o 4- 1 ; 02 +n 1 u, I ti' B 0g•g5 C17 1`141" L�50 pD, ; 17 z d g2'41" o I N ti~ f t0 /� 16 ` d- 1 • 5202 SF m Q. I ao od 1 69 v G `q1 4=5p'00' cj o 18 29 I I �o I r�iroio' 10 10' UE(TYP' `��41" L-50 0 r\ 5202 SF ti a� I vQQ 6163 SF /�.yh / GA )+„�OR 4�1 °q�'41" `n ti 19 L �--- I ti 10' UEfTYp' 60us R AVE `�� d`50 00 m 5202 5F N82'33' 41"E 10.11' I S6B bg C29 C) `� 41 ------- „ » a 101,04. 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RY 44 s3,. � 20�,001� p fMfNT R-y72 ` { = MONUMENT FOUND. -311R 'T 5 OF S3 0° = SET #4 REBAR WITH RED PLASTIC CAP STAMPED "CONTOUR PLS 38965" . 14 H. — CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. c� LO UE = UTILITY EASEMENT Cn cc 0 SF = SQUARE FEET rc+s 3696SEE 2 OF 75 LINE (R) = BLA AFN 202103250360 ICURVESHEET TABLE AND LOTTRAUURESSESLE' GIs 5° (C) = CALCULATED v 5041 63 SF "ter 4( $0' 00 , O 46" d4 � 3 • 0• 1 B2'21" I x Scale: I)) = 50' Job No. 20---042 Back to Agenda -----------1 `BB o SS ssg1 "�� /•oh 00. TRACT COS—H ------._._——.--._._I DETAIL "B" L MCCORMICK WOODS NORTH PHASE III. DIVISION 2 PLAT SHEET 7 of 7 r Cj0 1� 3 -gyp I ? Cfpq I 0 ' ' (0 42 10 l:�ti I 73.35 10.00�36 CIO ti ti Z o TRACT cos—F -- ----� DETAIL "C" C97 I _ to 0 C98 la 55rn 1 I A S79•29'38„E 11.03 DETAIL G o ire% m 2 4� IS167• 8--177$ 0,18" v= 134 TRACT FD-3 ,1" L � (SEE SHEET 4 OF 7) c 18 a 4 N 5202 SF ti 02 03" �� 0,1 19 (. D ,,2�' ek CzJr 5202 SF p bQ 40 �j� 61. 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C=3Q�694= !n_ H-p1 8 4 55 6799 SF �o F � 4. 05 jo , pe 55 4. 4 3 3 • R, �o a'/ 20 3gB4 4B' pq 1� �1" „�� .��' �' 57 38. 26" 3"�` s� 4. „� _�° 0 6051 SF 40 �60 Ig `00 �A qq R6 T6Mp �- Ve �?10 -16 Jo = q °"// ss9 �s �C' N0. ORAHY 14 44 q \ C rC� \ S� 00� \ o° � 302p0 lOp2�61vT3" R�97 0� AFC 6N ` \� \\ �° // F.100. pp 3 o TTL ` \ 56 �021� TY F� \ 6003 SF �c'j6p486� \ \ SS 9. 5,OPq \ �qp, LEGEND: 0�., \ \ F� TFM �Q p09q F y = MONUMENT FOUND. �` AyFS = SET #4 REBAR WITH RED PLASTIC CAP STAMPED \\Qpca3SHT9 "CONTOUR PLS 38965". X = CITY OF PORT ORCHARD STANDARD MONUMENT TO BE SET. 7 UE = UTILITY EASEMENT SF = SQUARE FEET R = PI A AFN 202103250360 02 08 E 100.00' CD 60. 60 o w / 6025 SF n Ln o 0 0 LLo CD z wCv w +u 08°E 102.18' � I TRACT COS—E / - n 19512 SF / nt ni / Cu / z / z / 07860SF a 30' 30' 6 j16, 60 • KI ►— A fa LO Cli Cli q — DETAIL — H— i I— TRACT COS—G x I o 10s f .� 4' 01 E I � o a B 9 6 DETAIL "I" ty-v 3p / 0 50 100 _�° •� Al / Scale: / Leo o`z ( ) SEE SHEET 2 OF 7 FOR LINE TABLE, (C) = CALCULATED CURVE TABLE AND LOT ADDRESSES 50 Job No. 20-042 Back to Agenda CITY OF PORT ORCHARD Development Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o planning @ cityofportorchard.us www.cityofpor-torchard.us January 4, 2022 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for McCormick Woods North Phase III Division 2 (LU21-PLAT FINAL-01) Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the City of Port Orchard Hearing Examiner Decision dated October 20, 2010, the subsequent administrative minor plat amendment decisions issued by the City of Port Orchard Development Director on January 17, 2012 and October 2, 2020, and the conditions of the Mitigated Determination of Non -Significance dated September 20, 2010. An appropriate performance bond has been received by the City of Port Orchard for certain civil improvements which adequately satisfies the conditions of preliminary plat approval. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I therefore recommend approval of the final plat. Sincerely, Nicholas Bond, AICP City Development Director Page 83 of 178 Back to Agenda CITY OF PORT ORCHARD Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 • Fax: (36o) 876-498o indorse a cilyoffportorchardms www.cityorportorchard.us December 6, 2021 Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for McCormick North Phase III — Division 2 Dear City Council: In accordance with RCW 58.17.150(2), I hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the Conditions and Mitigation Measures within the City of Port Orchard Hearing Examiner's Findings, Conclusions and Decision dated October 20 ,201o, a Minor Amendment dated January 17, 2012 and a Minor Amendment Dated October 2, 2020. The subdivision as presented complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I also slate that the City of Port Orchard has confirmed that it has sufficient sewage disposal, pursuant to the recent completion of the McCormick Sewerage Lift Stations No. 1 and No. 2 improvements as outlined in the 2018 City of Port Orchard McCormick Woods Lift Stations No. 1 and No. 2 Agreement. With regards to water supply capacity, the development is located within the City of Bremerton's Retail Water Service Area. Finally, the final plat documents have been reviewed, and I have confirmed that all working drawings and specifications for the improvements have been prepared in conformance with City standards and that all required improvements are either complete and accepted, or that a Performance Bond has been established for all unfinished work. I therefore recommend approval of the final plat. If you should have any questions, or need additional information, please feel free to contact me at this office. Sincerely, Mark-R.-Dorsey, P.E. Public Works Director/City Engineer MRD;mrd Cc: Charlotte Archer — City Attorney Nick Bond — Development Director File U:\2_Development Program\C_DeveloperConstructedlnfrastructure\ActiveProjects\McCormick North Phase III - Div 2\City Engineer F-Plat Approval -McCormick North Phase III -Div 2.docx Page 84 of 178 Back to Agenda BILL OF SALE �� i 1t THIS BILL OF SALE is made and executed this 6. day of 204, by and between _McCormick Development Corp , a Washington Limited Liability Corporation, hereinafter called the "Grantor" and the City of Port Orchard, a Municipal Corporation, hereinafter called the "Grantee." WITNESSETH: That the Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys, sets over, assigns, transfers and delivers and warrants to the City of Port Orchard ownership in the following described personal property situated in Kitsap County, State of Washington, and installed by the Grantor to date, TO WIT: Public sewer mains and public road and storm improvements and associated appurtenances constructed on -site at the McCormick Noreth Phase III Division 2 project located on parcel 052301-4-028-2003. These improvements are further described in Exhibit A and itemized in Exhibit B, both of which are attached hereto and incorporate herein by this reference. The Grantor hereby warrants that it is the lawful and sole owner of all the personal property above conveyed, that such items are free from all liens and encumbrances, that the Grantor has the full power to convey and transfer the same, and that the Grantor will defend the same against the claims and demands of any and all persons lawfully making claims thereto. The Grantor further warrants that the execution of this Bill of Sale is an authorized act of said Grantor. Dated at Washington, this 6-`l� day of e rvkKt�Q- 20� GRA j(McCo mick evelopment Corp) By: Its: Auth rized Siq a tort' Print Nam James N Tosti PASurety formsWill of Sale\approved by Interim AttyWill of Sale — Master Form Page 85 of 178 Back to Agenda [Remainder of page intentionally left blank] PASurety fomiMiII of Sal e\approved by Interim Atty\I3iII of Sale - Master Form Page 86 of 178 Back to Agenda STATE OF WASHINGTON ) )ss V- COUNTY OF 1 On this day of 20" (, before me personally appeared U to me known to be the managing member for , a limited liability corporation, that executed the within and foregoing instrume t, and ackno4vledged 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. k IL Given under my hand and official seal this day of �1 zca r 20-0 . NOTARY PUBUC C STATE OF WASHINGTON NbtaN Public in and f the State of Washington, ANDREW D MARSHALL residing in V,k. W COMMISSION EXPIRES FEBRUARY 26, 2025 My commission expires 02-1 ,�LS COMMISSION NO.164918 Dated at Port Orchard, Washington, this day of 1)V 20 VL CITY OF PORT ORCHARD M STATE OF WASHINGTON )ss COUNTY OF KITSAP ) On this day and year above personally appeared before me, Mark R. Dorsey, who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Port Orchard for the uses and purposes therein mentioned, and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of ,20 Notary Public in and for the State of Washington, residing in My commission expires P \Surety fonns\Bil I of Sale\approved by Interim Atty\6ill of Sale —Master Form Page 87 of 178 Exhibit A List of Required Improvements The following provides a general description of the improvements conveyed under this Bill of Sale related to the "McCormick Woods North Phase III Division 2" project as shown in the approved construction plans prepared by Contour Engineering LLC with the City approval dated 3.30.21. 1.) Specific improvements conveyed under this Bill of Sale include the following elements found within this approved construction drawings set as follows. a. Public sewer main extension, associated manholes and appurtenances within the plat as shown on below plan sheets i. C49-058 b. Public road and storm improvements, associated structures and appurtenances within the plat as shown on below plan sheets, i. C20-C45 The items, quantity and value of the improvements described above and conveyed under this Bill of Sale are presented in Exhibit B and are associated with City of Port Orchard Permit #s PW20-055 and PW20-056. Page 88 of 178 10 Pu , . EXHIBIT B Office (253) 604-7200 Fax (253) 251-8999 CIVIL CAATRRCTAA w__w_w.rpdov_dQPx1wt;colal. To: The Cordillera Group Engineer: Contour Engineering LLC Attn: Mr. Nick Tosti 805 Kirkland Ave, Suite 200 Plans: Civil: Sheets C1-C77 dated 6-7-21 Kirkland, WA 98033 Date: 22-Oct-21 Project: McCormick North Phase III: Div. 2 Project #: 26030 Addendums: N/A Revision #: 3 Geotech Report: N/A McCormick North III - DIV. 2 Code Dese Quan Units Price Road Grading & Construction- Public 78 Sawcut & Demo Existing Asphalt 80 Fine Grade Roadway 82 Fine Grade Sidewalks/Driveways/Path 84 Fine Grade Curb 86 Fine Grade Planter Strip 88 Fine Grade & Place Gravel Shoulder 92 Concrete Rolled Curb & Gutter 94 Concrete Vertical Curb & Gutter 96 Concrete Traffic Curb 98 Asphalt Thickened Edge 100 Concrete Sidewalks (4") t02 Concrete Driveways (6") 104 Rip Rap Pad (Curb Depression Inlets) 106 Handicap/Transition Ramps 108 Fine Grade & Place Gravel Base 110 Fine Grade & Place CSTC 112 Asphalt Paving- 3" HMA Cl 1/2" H4 Asphalt Paving- 4" HMA Cl -1/2" 115 Asphalt Paving- 3" (Pathway) 116 Survey Monuments 117 Bollards 118 Channelization & Signage Total Road Grading & Construction- Public 30 LF $8.00 145,180 SF $0.15 60,100 SF $1.15 8,370 LF $3.25 3,990 SF $0.50 410 LF $4.00 5,060 LF $16.30 3,110 LF $14.70 200 LF $28.00 495 LF $3.50 23,115 SF $4.30 30,865 SF $5.15 12 EA $300.00 24 EA $900.00 4,165 TON $32.00 4,805 TON $30.00 2,255 TON $105.00 835 TON $105.00 125 TON $150.00 20 EA $525.00 3 EA $960.00 1 LS $35,290.00 Sanitary Sewer System * 140 Connect To Existing * 142 4" PVC SDR-35 Side Sewer * 144 6" PVC SDR-35 Side Sewer * 146 8" PVC SDR-35 Sewer 148 48" SSMH (W/ GU Liner) * 150 60" SSMH Type I (W/ GU Liner) * 152 Inside Drop * 154 Mainline Cleanouts * 156 Side Sewer Cleanouts * 158 Raise Manhole To Final Grade (I -Lift) * 160 Concrete Collar " 162 Adjust Existing Manhole Total Sanitary Sewer System 1 EA $3,500.00 760 LF $29.00 1,935 LF $30.00 3,113 LF $36.00 15 EA $7,800.00 3 EA $13,000.00 l EA $1,600.00 4 EA $580.00 68 EA $395.00 26 EA $625.00 2 EA $400.00 8 EA $1,550.00 Total $240.00 $21,777.00 $69,115.00 $27,202.50 $1,995.00 $1,640.00 $82,478.00 $45,717.00 $5,600.00 $1,732.50 $99,394.50 $158,954.75 $3,600.00 $21,600.00 $133,280.00 $144,150.00 $236,775.00 $87,67.5.00 $18,750.00 $10,500.00 $2,880.00 $35,290.00 $1,210,346.25 $3,500.00 $22,040.00 $58,050.00 $112,068.00 $1 17,000.00 $39,000.00 $1,600.00 $2,320.00 $26,860.00 $16,250.00 $800.00 $12,400.00 $411,888.00 Page 89 of 178 10 Puya u , EXHIBIT B Office (253) 604-7200 Cd Fax (253) 251-8999 cirri c0XtssC10A wi3CR+.rpdtwdopmentoo1I. To: The Cordillera Group Engineer: Contour Engineering LLC Attn: Mr. Nick Tosti 805 Kirkland Ave, Suite 200 Plans: Civil: Sheets CI-C77 dated 6-7-21 Kirkland, WA 98033 Date: 22-Oct-21 Project: McCormick North Phase III: Div. 2 Project #: 26030 Addendums: N/A Revision #: 3 Geotech Report: WA Storm System- Public 181 Remove Existing Culvert 115 LF $18.50 $2,127.50 182 Connect To Existing 5 FA $3,500.00 $17,500.00 184 8" DIP CI-50 Storm 608 LF $55.00 $33,440.00 186 8" ADS CPEP Storm 40 LF $33.00 $1,320.00 188 12" DIP CI-50 Storm 131 LF $75.00 $9,825.00 190 12" PERF Storm (W/ Anchors) 54 LF $80.00 $4,320.00 192 12" ADS CPEP Storm 2,979 LF $40.00 $119,160.00 194 18" ADS CPEP Storm 416 LF $59.00 $24,544.00 196 24" PVC SDR35 Storm 94 LF $155.00 $14,570.00 198 24" ADS CPEP Storm 572 LF $86.00 $49,192.00 200 36" ADS CPEP Storm 469 LF $174.50 $81,840.50 202 Bio Retention Cell Construction 459 LF $125.00 $57,375.00 204 Rip Rap Pad & Trash Rack 3 EA $2,650.00 $7,950.00 206 Catch Basin Type 1 50 EA $1,100.00 $55,000.00 208 Catch Basin Type IL 3 EA $1,400.00 $4,200.00 210 Catch Basin Type 1148" 4 EA $2,925.00 $1 1,700.00 211 Catch Basin Type II 84" 1 EA .58,310.00 $8,310.00 212 Manhole Type1-48" - 4 EA $3,655.00 $14,620.00 213 Manhole Type 160" 3 EA $8,930.00 $26,790.00 214 Manhole Type 1 72" 3 EA $7,400.00 $22,200.00 217 Raise Catch Basin To Final Grade (1-Lift) 12 EA $625.00 $7,500.00 218 Concrete Collar 6 EA $400.00 $2,400.00 219 Adjust Existing Catch Basin 1 EA $1,550.00 $1,550.00 220 Remove & Replace Curb 40 LF $58.50 $2,340.00 221 Remove & Replace Sidewalk 120 SF $9.00 $1,080.00 222 Remove & Replace Asphalt (Grind & Overlay) 2,710 SF $3.15 $8,536.50 Total Storm System- Public $589,390.50 BILL OF SALE: SUB -TOTAL »»> $2,211,624.75 SALES TAX- 9.0% > »> .$37,069.92 BILL OF SALE: TOTAL »»> $2,248,694.67 Items marked * are l avible Page 90 of 178 CITY OF PORT ORCHARD LANDSCAPE PERFORMANCE BOND Name of Project McCormick North Phase III Div 2 Project Location Port Orchard, WA Project/Application # PW20-041 & PW20.042 Performance Bond Amount S 412,262 Bond # 0807250 Know all men by these presents: That whereas the City of Port Orchard, State of Washington has issued a permit to McCormick Development Corp ;ontractor) hereinafter designated as the "Principal" a permit for the construction of the project designated McCormick North Phase III Div 2 , Port Orchard, Washington all as hereto attached and made a part hereof and whereas, said principal is required under the terms of said contract to furnish a bond for the faithful performance of said contract: NOW, THEREFORE, we, the principal, and Harco National Insurance Company (Surety), a corporation, organized and existing under and by virtue of the laws of the State of Illinois _ , duly authorized to do business in the State of Washington, as surety, are held and firmly bound unto the City of Port Orchard, Washington, in the sum of - Four Hundred Twelve Thousand Two Hundred Sixty -Two & NO/100 Dollars ($ 412,262 150% Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any claims relating to defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract. Once the work has been completed and accepted by the City of Port Orchard this Performance Bond will be released and replaced with a 2 year Maintenance Bond not to exceed the sum of: Three Hundred Forty Three Thousand Five Hundred Fifty One and 99/100Dollars ($ $343, 551.99 125% Total Contract Amount. This hold harmless and indemnification agreement shall survive the expiration of this bond. City of Port Orchard Landscape Performance Bond Page t of 2 Page 91 of 178 60 to Agenda And the said Surety, for value received, hereby further stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this 2nd day of November , 20 21 Print Name Authorized Signatory Title 805 Kirkland Ave, Suite 200 Mailing Address Kirkland, WA 98033 City, State, Zip Code 425.894.6382 Phone Number Email Address Accepted by the City of Port Orchard this By Signature Printed Name Title City of Port Orchard Landscape Performance Bond Sure 11 4 By nature Jim S. Kuich Print Name Attorney -in -fact Title PO Box 3018 Mailing Address Bothell, WA 98041-3018 City, State, Zip Code (425)489-4500 Phone Number jim.kuich@hubinternational.com Email Address day of 20_ Page 2 of 2 Page 92 of 178 Back to Agenda STATE OF NEW JERSEY STATE OF ILLINOIS �y County of Essex SEAL County of Cook r � / y�JE Kenneth Chapman lye * 1+ Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company POWER OF ATTORNEY Bond# Od-O /Z> V HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JIM S. KUICH, SARAH H. BEHRENS, DANIELLE ENRIQUEZ, EMMA C. DOLESHEL, HEATHER L. ALLEN, ANDY PRILL, THERESA A. LAMB, STEVE WAGNER, MICHAEL A. MURPHY, JIM W."DOYLE, JULIE M. GLOVER, CHAD M. EPPLE Bothell, WA their true and lawful attorney(s)-in-fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resolution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2020 +�,,,,,,,•• t'.......... ' SEAL -Q c =0. 19.a4 �3r? On this 31st day of December, 2020 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. �ti.•'"��"'■■, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, VL A .OG�`i New Jersey the day and year first above written. Y Y Y may'' _4Apr T33�= (j�J �r■�, osA579 gay `,�� ✓ � �• r+�` JERS•` Shirelle A. Outley a Notary Public of New Jersey ■'Im CERTIFICATION My Commission Expires April 4, 2023 I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof, and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A01083 Q Page 93 Irene Martins, Assistant Secretary Back to Agenda EWO# MATERIAL: TEUFErs Mecc"Ick Ogg Corp Canlracl# Teufel Nursery, Inc. MCC.- I.k N Ph 111 Otv 2 Change Order # � Teufel job# l777= Contract Amount in COR format. Labor Classification STIOT Manhours Hourly Rate Total Laborer ST 995 $53.39 $53.123 05 Operator ST 270 $65.57 $17.703-90 Foreman ST 315 $66.24 $21495.60 Irrigation Laborer ST 12.5 $64.71 $8.088.75 Laborer OT 0 S73.34 $0,00 Irrigation Laborer OT 0 $88.58 $0.00 Operator OT 0 S89-83 $000 Foreman OT 0 1 $94A8 $0 00 Material Subtotal (attach more sheets if necessa $100.411 30 FAmeda! Ounnead 5 Prg01 15 % rantrars $15.0s1 70 Labor Tola1 $115.473,00 Description Quarry Unit Rate Total Formal Landsca a $aoo Irrigation Materials Lump Sum 1 $30.642,00 $30.542-00 Trees 215 $164.10 $35,261.50 Trees ea. Delete Red Maple owner supplied contractor install) -29 S226.37 -$6,564.73 Shrubs 1-3 gal 1.538 $6.53 $10,043.14 Ground Cover 1 gal 2,363 $4.13 $9.759.19 'Misc. Tree Stakes/Root Barrier/Fertilizer tablets LS 1 $1.240.00 $1.240.00 'Warranty 1 $2.770.00 $2,770.00 !Mulch cy yd 90 $31.03 $2.864.70 Topsoil c0 d 709 $20.26 $14.364,34 ,Sod Lam SF 8.760 $0.42 $3,679,20 Seeded Lawn SF 17.330 $0.12 $2,079.60 womlat kandscapt $0.00 In- ation Materials Lump Sum 1 $7.411.00 $7.411.00 Trees 40 $B8.75 $3.550.00 Shrubs 1 gal 1.420 $4.31 $ft 120.20 IMisc. Tree Slakes/Root Barrier/Ferfllizertablets LS 1 $339.00 $339.00 'Warrant 1 $853.00 $853.00 ,Compost Pit Planting 7 $32.75 Male. rint Sub!olal ralloch more shcclg if nucessar $229.2-9 $124.561.39 Mal"al Overhead a Profit 15 % (parmnrrz:) $18.684 21 Material Total $143.245 60 Description - Equipment Only Hours Rental Rate Total 1521 Case Loader 0 $95 00 $0 00 'Cat 257 Steer Loader 40 S65.00 $2.600.00 IMini Excavator 75 $76AII $5,625.00 .580 Case Backhoe 0 565.00 $0.00 IKubols Mini Loader 0 $P0.00 $0-00 ;5 ton truck 22 S60.00 $1.320.00 Tiller 19 1 $25-00 $475.00 Ilrri alion Van 20 $50.00 $1.000.00 1 Ton or PU truck 34 SSOAO $1.700.00 IDumo Truck 20 $65.00 $1.300.00 Equipment Subtotal (attach more sheets if necessa ) $14.020.00 Material Overhead 8 ProlIt % per conkacl $2.103.00 Equ l pma nt Total $16,121.00 Description of Work Quantity Unit Rate Total - - $0.00 _-- - $0.00 $0.00 0-Op Other Expense Subtotal attach more sheets if necessary) $0 00 Material Overhead & ProOl (ot 5 % (per cpnhact) $0 p0 Other Expnnee To:n! $0 00 CHANGE REQUEST SUSTOTA L: $274,641 59 Snles Tax E=sWded $274,641 59 BOND @ F ol % (if applicable): $0 00 GRAND TOTAL: t1RF.FI s1GNATURE• A 't DATE 10-25-2021 150% is $412,262 for P-Bond Page 94 of 178 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # PW20-041 CONTRACT # N/A SURETY BOND #: 0807249 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: McCormick North Phase 3, Division 2 Owner/Developer/Contractor: Project Location: McCormick Development Corp Port Orchard WA & PW20-042 KNOW ALL PERSONS BY THESE PRESENTS: That we, McCormick Development Corp (hereinafter called the "Principal"), and Harco National Insurance Company a corporation organized under the laws of the State of Illinois , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Four Hundred Forty Three Thousand Three Hundred Thirty two and 50/100 Dollars ($ 443,332.50 ), 150% of the total construction amount for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has entered into a certain agreement with the City, to perform the following project within the City- McCormick North Ptia_se 3, Division 2 and WHEREAS, the agreement with the City requires that certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the agreement with the City requires that the improvements are to be made or constructed within a certain period of time, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: A. Conditions. The improvements to be constructed by the Principal include: (Insert complete description here or add summary here and refer to a separate detailed description attached as Exhibit A.) Street Signs, Mailbox CBU's, Monuments, Striping, Streetlights, Joint Utility Trench, Dry Utility vault, Sono Tubes, Fence on wall along Tract E, Sidewalk, Survey/Engineering for As-Builts Page 1 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Page 95 of 178 2. The Principal must construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above - referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by 911 /2022 unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. Therefore, a Performance Bond in the amount of 150% of the anticipated construction costs to guarantee the Work to be completed shall be provided prior to the commencement of Work and will be released upon completion and acceptance of all Work and upon receipt of the 2-year Maintenance/Warranty Bond. All bonds must be in a form approved by the City. 6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by the contract between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a two (2) year Maintenance Bond, not to exceed the sum of Fifty Nine Thousand One Hundred Eleven and no/1Qtallars ($ 59.1 1 1.00 ), 20% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the. City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. Page 2 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\OS-01-20 Page 96 of 178 C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Q1 Q Page 3 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-1a\ge 97 Of 178 Back to Agenda DATED this 1st day of October ) 20 21 SURETY COMPANY (Signatu a must be notarized) By: Its Attorney- in- fact Print Name: Theresa A. Lamb Business Name: Harco National Insurance Company 1usiness Address: PO Box 3018 City/State/Zip Code: Bothell, WA 98041-3018 Telephone Number: (425)489-4500 PRINCIPAL (Signatur ust b otar' d) By: Its Print Name: A-m" tJ ➢ 06ro Business Name: McCormick Development Cor Business Address: 805 Kirkland Ave., #200 City/State/Zip Code: Kirkland, WA 98033 Telephone Number: (425)894-6382 CITY OF PORT ORCHARD ACCEPTED DATE: BY: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Page 98 of 178 FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence th,V is the person who appeared before me, and said person nowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and volun a act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF x\- I certify that I know or have satisfactory evidence that �O I is the person who appeared before me, and said person acknowledged as the nc., of Il,re�cy l (.ter that (he/she) signed this instrument, o ath stateb that (he/she) was authorized to exec lte the instrumen and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. NOTARY PUBLIC STATE OF WASHINGTON ANDREW D MARSHALL MY COMMISSION EXPIRES FEBRUARY 26, 2025 COMMISSION NO.164918 signatiigV print name NOTARY PUBLIC in and for the StateofWgashingt n, residing If-- at: V lc.� _ My Commission expires: Page 5 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Page 99 of 178 FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF Snohomish I certify that I know or have satisfactory evidence that Theresa A. Lamb is the person who appeared before me, and said person acknowledged as the Attorney -in -fact of Harco National Insurance Company that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. • JAM S, 4 i .'gTAM.Eip. NOS.41, rn Dated- ll/l/2021 Hato Kuich print name NOTARY PUBLIC in and for the State of Washington, residing at: Bothell, WA My Commission expires: 10/26/2024 Page 6 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Page 100 of 178 �ys(r STATE OF NEW JERSEY tc STATE OF ILLINOIS �10) �' Essex County of CZ)GOSAI fir^ County of Cook Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company on POWER OF ATTORNEY Bond# HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of IAT Insurance Group, Headquartered: 4200 Six Forks Rd, Suite 1400, Raleigh, NC 27609 KNOW ALL MEN BY THESE PRESENTS: That HARCO NATIONAL INSURANCE COMPANY, a corporation organized and existing under the laws of the State of Illinois, and INTERNATIONAL FIDELITY INSURANCE COMPANY, a corporation organized and existing under the laws of the State of New Jersey, and having their principal offices located respectively in the cities of Rolling Meadows, Illinois and Newark, New Jersey, do hereby constitute and appoint JIM S. KUICH, SARAH H. BEHRENS, DANIELLE ENRIQUEZ, EMMA C. DOLESHEL, HEATHER L. ALLEN, ANDY PRILL, THERESA A. LAMB, STEVE WAGNER, MICHAEL A. MURPHY, JIM W.."DOYLE, JULIE M. GLOVER, CHAD M. EPPLE Bothell, WA their true and lawful attorneys) -in -fact to execute, seal and deliver for and on its behalf as surety, any and all bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof, which are or may be allowed, required or permitted by law, statute, rule, regulation, contract or otherwise, and the execution of such instrument(s) in pursuance of these presents, shall be as binding upon the said HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY, as fully and amply, to all intents and purposes, as if the same had been duly executed and acknowledged by their regularly elected officers at their principal offices. This Power of Attorney is executed, and may be revoked, pursuant to and by authority of the By -Laws of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY and is granted under and by authority of the following resoiution adopted by the Board of Directors of INTERNATIONAL FIDELITY INSURANCE COMPANY at a meeting duly held on the 13th day of December, 2018 and by the Board of Directors of HARCO NATIONAL INSURANCE COMPANY at a meeting held on the 13th day of December, 2018. "RESOLVED, that (1) the Chief Executive Officer, President, Executive Vice President, Senior Vice President, Vice President, or Secretary of the Corporation shall have the power to appoint, and to revoke the appointments of, Attorneys -in -Fact or agents with power and authority as defined or limited in their respective powers of attorney, and to execute on behalf of the Corporation and affix the Corporation's seal thereto, bonds, undertakings, recognizances, contracts of indemnity and other written obligations in the nature thereof or related thereto; and (2) any such Officers of the Corporation may appoint and revoke the appointments of joint -control custodians, agents for acceptance of process, and Attorneys -in -fact with authority to execute waivers and consents on behalf of the Corporation; and (3) the signature of any such Officer of the Corporation and the Corporation's seal may be affixed by facsimile to any power of attorney or certification given for the execution of any bond, undertaking, recognizance, contract of indemnity or other written obligation in the nature thereof or related thereto, such signature and seals when so used whether heretofore or hereafter, being hereby adopted by the Corporation as the original signature of such officer and the original seal of the Corporation, to be valid and binding upon the Corporation with the same force and effect as though manually affixed." IN WITNESS WHEREOF, HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY have each executed and attested these presents on this 31st day of December, 2020 It,,,,�r�r �,��,11�SttR •• ,p t `SALo g :Ol y.9aa; .[rk..... a� On this 31st day of December, 2020 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. A "+l+,� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, A. " �GA New Jersey the day and year first above written. . 4 SpoT�t' JER?ti<<' Shirelle A. Outley a Notary Public of New Jersey My Commission Expires April 4, 2023 CERTIFICATION I, the undersigned officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY do hereby certify that I have compared the foregoing copy of the Power of Attorney and affidavit, and the copy of the Sections of the By -Laws of said Companies as set forth in said Power of Attorney, with the originals on file in the home office of said companies, and that the same are correct transcripts thereof., and of the whole of the said originals, and that the said Power of Attorney has not been revoked and is now in full force and effect. IN TESTIMONY WHEREOF, I have hereunto set my hand on this day, A01083 Q 4u,�_ Page 101 of 178 Irene Martins, Assistant Secretary Back to Agenda PCIVIL1iTRRCTOR UNIT PRICE UNIT QUANTITY COST STREET SIGNS $750.00 EACH 10 $ 7,500.00 MAILBOX CBUs $2,500 00 EACH 6 $ 15,000.00 MONUMENTS $950 00 EACH 24 $ 22,800.00 STRIPING $12,500 00 LUMP SUM 1 $ 12,500.00 STREETLIGHTS (ESTIMATE, NO DRAFT INTOLIGHT PLAN YET) $4,500 00 EACH 25 $ 112,500 00 JOINT UTILITY TRENCH $17.25 LF 3,700 $ 63,825 00 DRY UTILITY VAULT $575.00 EACH 10 $ 5,75000 SONO TUBES (FOR INTOLIGHT) $500.00 EACH 20 $ 10,000 00 FENCE ON WALL ALONG TRACT E $50.00 LF 350 $ 17,500 00 SIDEWALK $4.50 SF 4,040 $ 18,180.00 SURVEY/ENGINEERING FOR AS -GUILTS $10,000 00 LUMP SUM 1 $ 10,000.00 Please feel free to contact me with any questions. qkk P,6-"A Todd Rickabaugh RPD,LLC Total Cost $ 295,555 00 1509E Bond Amount $ 443,332.50 Page 102 of 178 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 9 FAX (360) 895-9029 Agenda Staff Report Consent Agenda 4H Approval of Interlocal Agreements with WSDOT, Mason and Kitsap Counties, and the Cities of Poulsbo, Shelton, and Bremerton for Public Works Emerizencv Response Meeting Date Prepared by Atty Routing No.: Atty Review Date Back to Agenda January 11, 2022 Mark Dorsey, P.E. Public Works Director 366922.0009-PW January 5, 2022 Summary: The City provides mutual public works aid to its neighboring jurisdictions and the Washington State Department of Transportation (WSDOT) to ensure immediate assistance in the event of a disaster and relies upon its neighboring jurisdictions and WSDOT to provide reciprocal support. WSDOT has developed template Agreements to govern the terms of public works mutual aid provided by neighboring jurisdictions in the event of an emergency. There are separate Interlocal Agreements to govern the parties' roles and responsibilities for providing mutual aid in two scenarios: (1) in the event of a proclaimed disaster; and (2) when a disaster occurs, but there has not been a proclamation of emergency, as set out in Chapter 38.52 RCW. The Agreements call for reimbursement of costs expended responding to the emergencies, at the responding agency's adopted compensation rates. The agency requesting assistance agrees to indemnify the responding agency for any claims arising from the response. Relationship to Comprehensive Plan: N/A. Recommendation: Staff recommends the Council adopt Resolution No. 007-22, authorizing the Mayor to execute two (2) Interlocal Agreements for Public Works Emergency Mutual Aid. Motion for Consideration: I move to adopt Resolution No. 007-22, authorizing the Mayor to execute two (2) Interlocal Agreements for Public Works Emergency Mutual Aid. Fiscal Impact: This agreement would only be triggered in the event of a disaster. In that context, any emergency expenditures are unknown and are unbudgeted. Alternatives: None. Attachments: Resolution No. 007-22 Ex. A to the Resolution - Interlocal Agreement No. GCB 3207 (City Contract No. CO25-22) Ex. B to the Resolution - Interlocal Agreement No. GCB 3187 (City Contract No. CO26-22) Page 103 of 178 Back to Agenda RESOLUTION NO. 007-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE INTERLOCAL AGREEMENTS WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION, MASON AND KITSAP COUNTIES, AND THE CITIES OF SHELTON, POULSBO, AND BREMERTON FOR PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE. WHEREAS, the City provides mutual public works aid to its neighboring jurisdictions and the Washington State Department of Transportation (WSDOT) to ensure immediate assistance in the event of a disaster, and relies on its neighboring jurisdictions and WSDOT to provide reciprocal support; and WHEREAS, WSDOT has prepared two (2) Interlocal Agreements to govern the parties' roles and responsibilities for providing mutual aid in two scenarios: (1) in the event of a proclaimed disaster; and (2) when a disaster occurs but there has not been a proclamation of emergency, as set out in Chapter 38.52 RCW; and WHEREAS, the City and its partners are authorized to enter into these Agreements pursuant to the Interlocal Agreement Act, Chapter 39.34 RCW; and WHEREAS, the City Council finds it is in the best interest of the health, safety and welfare of the residents of Port Orchard to enter into these Interlocal Agreements for mutual aid in the event of a disaster; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves of and authorizes the Mayor to execute the Interlocal Agreement, GCB 3207, (Local Agency Emergency Event — No Proclamation) Public Works Emergency Response Assistance Mutual Aid Agreement, with the Washington State Department of Transportation, Mason and Kitsap County, and the cities of Shelton, Poulsbo, and Bremerton, attached hereto as Exhibit A (Contract No. CO25-22) and incorporated herein by this reference. THAT: The City Council approves of and authorizes the Mayor to execute the Interlocal Agreement, GCB 3207, (Emergency Proclamation) Public Works Emergency Response Assistance Mutual Aid Agreement, with the Washington State Department of Transportation, Mason and Kitsap County, and the cities of Shelton, Poulsbo, and Bremerton, attached hereto as Exhibit B (Contract No. CO26-22) and incorporated herein by this reference. Page 104 of 178 Back to Agenda Resolution No. 007-22 Page 2 of 2 THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 111" day of January 2022. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 105 of 178 Back to Agenda GCB 3207 (Local Agency Emergency Event — NO PROCLAMATION) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT This Agreement is between those Government Agencies (local, county, tribal or state), herein after "Agency" or "Agencies," that have executed the Agreement, as indicated by the signatures at the end of this document. 1. This Agreement is authorized by Washington State Chapter 39.34 RCW (Interlocal Agreement Act), which provides that any one or more public agencies may contract with any one or more other public agencies to perform any governmental service, activity, or undertaking, which each public agency entering into the contract is authorized by law to perform. 2. The purpose of this pre -disaster agreement between the Agencies is to provide for immediate assistance to protect life and property by facilitating the cooperation between Agencies to assist in a disaster in the absence of a "Proclamation of Emergency" as that term is defined in Chapter 38.52 RCW. 3. A separate agreement, GCB 3187 (Emergency Proclamation) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT, has been prepared to address those events where a Proclamation of Emergency has been declared invoking the broader statutory emergency powers provided to agencies in Chapter 38.52 RCW. 4. The parties to this Agreement are responsible for the construction and maintenance of public facilities such as street, road, highway, and related systems during routine and emergency conditions. 5. Each of the parties owns and maintains equipment, and employs personnel who are trained to provide service in the construction and maintenance of street, road, highway, and related systems and other support. NOW, THEREFORE pursuant to Chapter 39.34 RCW and in consideration of the terms, conditions, and performances contained herein, the recitals as stated above, and the attached Exhibits which are incorporated and made a part hereof, It is Mutually Agreed as Follows: 1. Request If confronted with an emergency situation requiring personnel, equipment or material not available to it, the requesting party (Requestor) may request assistance from any of the other parties who have executed this Agreement. GCB 3207 Page 106 of 178 Page 1 of 5 Back to Agenda The Requestor may make the Emergency Response Assistance (Work) request by contacting the Designated Primary Contact of a participating agency, from the signatory Agencies list maintained by the WSDOT Office of Emergency Management (OEM), by phone or email. 2. Response Upon receipt of such request, the party receiving the request (Responder) shall immediately take the following action: A. Determine whether it has the personnel, equipment, or material available to respond to the request. B. Determine what available personnel and equipment should be dispatched and/or what material should be supplied. C. Dispatch available and appropriate personnel and equipment to the location designated by the Requestor. D. Provide appropriate access to the available material. E. Advise the Requestor immediately in the event all or some of the requested personnel, equipment, or material is not available. NOTE: It is understood that the integrity of dedicated funds needs to be protected. Therefore, Agencies funded with road funds are limited to providing services for road activities; sewer funds are limited to providing services for sewer activities and so on. 3. Incident Commander The Incident Commander of the emergency shall be designated by the Requestor, and shall be in overall command of the operations under whom the personnel and equipment of the Responder shall serve. The personnel and equipment of the Responder shall be under the immediate control of a supervisor of the Responder. If the Incident Commander specifically requests a supervisor of the Responder to assume command, the Incident Commander shall not, by relinquishing command, relieve the Requestor of responsibility for the incident. 4. Documentation Documentation of hours worked, and equipment or materials used or provided will be maintained on a shift by shift basis by the Responder, and provided to the Requestor as needed. 5. Release of Personnel and Equipment All personnel, equipment, and unused material provided under this Agreement shall be returned to the Responder upon release by the Requestor, or on demand by the Responder. GCB 3207 Page 2 of 5 Page 107 of 178 Back to Agenda 6. Compensation It is hereby understood that the Responder will be reimbursed (e.g. labor, equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates. Compensation may include: A. Compensation for workers at the Responder's current pay structure, including call back, overtime, and benefits. B. Compensation for equipment at Responder's established rental rate. C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's discretion in lieu of cash payment upon approval by the Responder for such replacement. D. The Responding Agency shall submit a Mutual Aid Cost Recovery Submittal (Exhibit A) and itemized voucher of costs to the Designated Primary Contact of the Requesting Agency within sixty (60) days after completion of Work). Unless otherwise agreed, the Responding Agency shall receive reimbursement within ninety (90) days after the voucher submittal date. (Note: after execution of the Agreement the participating agency Designated Representative will be provided the electronic fillable pdf of Exhibit A) 7. Indemnification The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. A. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and indemnify all other Responding signatory Agencies, and their officers and employees from any and all claims, suits, costs, damages of any nature, or causes of action, including the cost of defense and attorney's fees, by reason of the acts or omissions, whether negligent, willful, or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this Agreement, and will pay all judgments, if any, rendered. This obligation shall not include such claims, costs, damages or other expenses which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Worker Compensation Withholdings and Employer Liability Each party shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each party shall insure, self -insure, or both, its own employees as required by Washington Revised Code of Washington (RCW). 9. The Agreement A. It is understood that all parties may not execute this Agreement at the same time. It is the intention of the parties that any governmental entity in the State of Washington may enter into this Agreement and that all parties who execute this Agreement will be considered to be equal parties to the Agreement. GCB 3207 Page 3 of 5 Page 108 of 178 Back to Agenda The individual parties to this Agreement may be "Requestor" or "Responder's" as referred to in Section 1. and 2. above, to all others who have entered this Agreement. B. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures. This Agreement shall be effective upon approval by two or more Agencies and shall remain in effect as long as two or more Agencies are parties to this Agreement. Upon execution of this Agreement, the Agency shall send an original or a certified copy of the Agreement to the Washington State Department of Transportation, Office of Emergency Management (OEM). The OEM shall maintain a list of all signatory Agencies. 1) Written notice of intent to terminate this Agreement must be given to all other parties on the master list of parties at least 30 days prior to termination date. This notice shall automatically terminate the Agreement as to the terminating party on the date set out in the notice unless rescinded by that party in writing prior to that date. 2) Termination will not affect a party's obligations for payment arising prior to the termination of this Agreement. 10. Non-exclusive This Agreement is not intended to be exclusive among the parties. Any party may enter into separate cooperative assistance or mutual aid agreements with any other entity. No such separate agreement shall terminate any responsibility under this Agreement. 11. Parties to This Agreement Participants in this Agreement are indicated on the following pages, one party per page. IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION Pasco Bakotich III, P.E. Date State Maintenance Engineer Washington Statg,�)epartment of Transportation rOVEro FOR Scott L. Lockwoo Date Assists t Attorney General GCB 3207 Page 4 of 5 Page 109 of 178 Back to Agenda IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. Agency Jurisdiction Authorized Representative Date Designated Primary Contact: Office Contact Name: Phone Number: Email Emergency 24 Hour Phone Number: GCB 3207 Page 5 of 5 Page 110 of 178 Back to Agenda GCB 3187 (Emergency Proclamation) PUBLIC WORKS EMERGENCY RESPONSE ASSISTANCE MUTUAL AID AGREEMENT This Agreement is between those Government Agencies (local, county, tribal or state), herein after "Agency" or "Agencies," that have executed the Agreement, as indicated by the signatures at the end of this document. I. The purpose of this pre -disaster agreement between the Agencies is to provide for immediate assistance to protect life and property. 2. This Agreement is authorized under Washington State Chapter 38.52 RCW (Emergency Management),; which is activated only in the event of a proclamation of an emergency by the local, county, tribal and/or state government approving authority. 3. The parties to this Agreement are responsible for the construction and maintenance of public facilities such as street, road, highway, sewer, water, and related systems during routine and emergency conditions. 4. Each of the parties owns and maintains equipment, and employs personnel who are trained to provide service in the construction and maintenance of street, road, highway, sewer, water, and related systems and other support. NOW, THEREFORE, pursuant to Chapter 38.52 RCW and in consideration of the terms, conditions, and performances contained herein, the recitals as stated above, and the attached Exhibits which are incorporated and made a part hereof,: It is Mutually agreed as follows: 1. Request If confronted with an emergency situation requiring personnel, equipment or material not available to it, the requesting party (Requestor) may request assistance from any of the other parties who have executed this Agreement. The Requestor may make the Emergency Response Assistance (Work) request by contacting the Designated Primary Contact of a participating Agency, from the list of Office of Emergency Management (OEM) signatory Agencies, by phone or email. 2. Response Upon receipt of such request, the party receiving the request (Responder) shall immediately take the following action: A. Determine whether it has the personnel, equipment, or material available to respond to the request. GCB 3187 Page 1 of 5 Page 111 of 178 Back to Agenda B. Determine what available personnel and equipment should be dispatched and/or what material should be supplied. C. Dispatch available and appropriate personnel and equipment to the location designated by the Requestor. D. Provide appropriate access to the available material. E. Advise the Requestor immediately in the event all or some of the requested personnel, equipment, or material is not available. NOTE: It is understood that the integrity of dedicated funds needs to be protected. Therefore, Agencies funded with road funds are limited to providing services for road activities, sewer funds are limited to providing services for sewer activities and so on. 3. Incident Commander The Incident Commander of the emergency shall be designated by the Requestor, and shall be in overall command of the operations under whom the personnel and equipment of the Responder shall serve. The personnel and equipment of the Responder shall be under the immediate control of a supervisor of the Responder. If the Incident Commander specifically requests a supervisor of the Responder to assume command, the Incident Commander shall not, by relinquishing command, relieve the Requestor of responsibility for the incident. 4. Documentation Documentation of hours worked, and equipment or materials used or provided will be maintained on a shift by shift basis by the Responder, and provided to the Requestor as needed. 5. Release of Personnel and Equipment All personnel, equipment, and unused material provided under this Agreement shall be returned to the Responder upon release by the Requestor, or on demand by the Responder. 6. Compensation It is hereby understood that the Responder will be reimbursed (e.g. labor, equipment, materials and other related expenses as applicable, including loss or damage to equipment) at its adopted usual and customary rates. Compensation may include: A. Compensation for workers at the Responder's current pay structure, including call back, overtime, and benefits. B. Compensation for equipment at Responder's established rental rate. C. Compensation for materials, at Responder's cost. Materials may be replaced at Requestor's discretion in lieu of cash payment upon approval by the Responder for such replacement. GCB 3187 Page 112 of 178 Page 2 of 5 Back to Agenda D. The Responding Agency shall submit a Mutual Aid Cost Recovery Submittal (Exhibit A) and itemized voucher of costs to the Designated Primary Contact of the Requesting Agency within sixty (60) days after completion of Work (RCW 38.52.080). Unless otherwise agreed, the Responding Agency shall receive reimbursement within ninety (90) days after the voucher submittal date. (Note: after execution of the Agreement the participating Agency Designated Representative will be provided the electronic fillable pdf of Exhibit A) 7. Indemnification The Responding Agency shall have no responsibilities or incur any liabilities because it does not provide resources and/or services to any other party to this Agreement. A. All privileges, immunities, rights, duties and benefits of officers and employees of the Responding Agency shall apply while those officers and employees are performing functions and duties on behalf of the Requesting Agency, unless otherwise provided by law. Employees of the Responding Agency remain employees of the Responding Agency while performing functions and duties on behalf of the Requesting Agency (RCW 38.52.080). B. To the extent permitted by law, the Requesting Agency shall protect, defend, hold harmless and indemnify all other Responding signatory Agencies, and their officers and employees from any and all claims, suits, costs, damages of any nature, or causes of action, including the cost of defense and attorney's fees, by reason of the acts or omissions, whether negligent, willful, or reckless, of its own officers, employees, agency or any other person arising out of or in connection with any acts or activities authorized by this Agreement, and will pay all judgments, if any, rendered. This obligation shall not include such claims, costs, damages or other expenses, which may be caused by the sole negligence of the Responding Agencies or their authorized agents or employees. 8. Worker Compensation Withholdings and Employer Liability Each party shall remain fully responsible as employer for all taxes, assessments, fees, premiums, wages, withholdings, workers compensation and other direct and indirect compensation, benefits, and related obligations with respect to its own employees. Likewise, each party shall insure, self - insure, or both, its own employees as required by Washington Revised Code of Washington (RCW). 9. The Agreement A. It is understood that all parties may not execute this Agreement at the same time. It is the intention of the parties that any governmental entity in the State of Washington may enter into this Agreement and that all parties who execute this Agreement will be considered to be equal parties to the Agreement. The individual parties to this Agreement may be "Requestor" or "Responder's" as referred to in Section 1. and 2. above, to all others who have entered this Agreement. GCB 3187 Page 3 of 5 Page 113 of 178 Back to Agenda B. Authorization and approval of this Agreement shall be in a manner consistent with the Agency's current procedures. This Agreement shall be effective upon approval by two or more Agencies and shall remain in effect as long as two or more Agencies are parties to this Agreement. Upon execution of this Agreement, the Agency shall send an original or a certified copy of the Agreement to the Washington State Department of Transportation, Office of Emergency Management (OEM). The OEM shall maintain a list of all signatory Agencies. 1) Written notice of intent to terminate this Agreement must be given to all other parties on the master list of parties at least 30 days prior to termination date. This notice shall automatically terminate the Agreement as to the terminating party on the date set out in the notice unless rescinded by that party in writing prior to that date. 2) Termination will not affect a party's obligations for payment arising prior to the termination of this Agreement. 10. Non -Exclusive This Agreement is not intended to be exclusive among the parties. Any party may enter into separate cooperative assistance or mutual aid agreements with any other entity. No such separate agreement shall terminate any responsibility under this Agreement. 11. Parties to This Agreement Participants in this Agreement are indicated on the following pages, one party per page. IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. WASHINGTON STATE DEPARTMENT OF TRANSPORTATION P_44. c ea4 - Pasco Bakotich III, P.. State Maintenance Engineer Washington 5e D,qpartment of Transportation ScCf1t L. Vckwood Assistal Attorney General y f _ Date Y Ali Date GCB 3187 Page 4 of 5 Page 114 of 178 Back to Agenda IN WITNESS WHEREOF, the parties hereto have caused this Agreement for Public Works Emergency Response Assistance to be executed by duly authorized representatives as of the date of their signatures. Agency Jurisdiction Authorized Representative Date Designated Primary Contact: Office Contact Name: Phone Number: Email: Emergency 24 Hour Phone Number:_ GCB 3187 Page 5 of 5 Page 115 of 178 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 41 Subject: Approval of a Contract with Camino for Web -Based Services for DCD Permit Center's Permittiniz Application Processes Back to Agenda Meeting Date: January 11, 2022 Prepared by: Nicholas Bond DCD Director Atty Routing No.: Matter 11-Development Atty Review Date: November 23, 2021 Summary: The Department of Community Development proposes to enter a software agreement with Camino in order to better manage the electronic permitting process, to facilitate the applicants' experience, to decrease the incidence of incomplete applications, and to improve the use of staff time to process, review and issue permits. The COVID-driven events over the last year led to the City quickly moving away from receiving paper submittals at the Permit Center counter. DCD implemented a solution using email and cloud file sharing to keep the process flowing. And although our doors are now open, the use of electronic applications, remote interactions, and teleworking are not going away. The public and the development community has shown a preference for continuing with the convenience and safety afforded by electronic applications and permits. Applicants rarely stop by anymore for an in -office counter visit to get answers about what they can do with their property and to understand the permit requirements before applying. Consequently, we have experienced a rise in the number of applications that are incomplete or inaccurate. This has led to additional staff review and processing, and slower permit turnaround times. After reviewing the capabilities of our current permitting system and other software applications for an intelligent technology solution that can substitute for the personal interaction, DCD has determined that Camino best addresses these needs by guiding the applicant to a better submittal. The software includes two distinct deliverables that will streamline the public interaction via an online pre - meeting Guide, followed by an online application submittal system. First, Camino will provide a virtual pre - meeting, leading the Applicant through a series of questions about their proposal. The results will inform them if the activity is permitted, address project requirements, and provide a list of forms to use when applying. Secondly, the applicant will use the information garnered from the Guide to upload documents and submit the application through Camino's online portal. A 3-year contract was negotiated for $45,000.00. Including applicable tax, the cost will be $49,050.00. The proposed contract uses Camino's form and has been reviewed by the City Attorney. Relationship to Comprehensive Plan: N/A Page 116 of 178 Back to Agenda Staff Report 41 Page 2of2 Recommendation: Staff recommends approval of the contract with Camino as presented. Motion for consideration: "I move to approve the contract with Camino as presented." Fiscal Impact: The contract offers to waive the cost of the Camino -led Implementation ($10,000.00) and offers a 25% discount to the annual contract cost with a 3-year contract term. The three-year total (2022 — 2024) is $49,050, including applicable tax. DCD staff will work with Camino to develop the Guide based on our current regulations. We anticipate 1 — 2 hours per day for two employees during the implementation period, which is expected to take up to six months. Extended work hours may be required during that time. Building plan review and permit revenues for the past 2 years have been very strong, and have exceeded budgeted revenue. The Camino software was added to the DCD budget as part of the 2021 mid -year budget review. Alternatives: Do not approve the contract as presented. Attachments: Contract Page 117 of 178 Back to Age camino November 2021 QKHMP Proposal for City of Port Orchard, WA Permit Guide/Application Portal Page 118 of 178 Back to Agenda Summary of Solution Camino is a web -based solution that improves the customer experience for permit and licensing processes. Camino software is provided through a SaaS (software as a service) model, meaning that all functionality is accessed through the internet on a subscription basis. For this proposal Camino is excited to offer the solutions outlined below. Camino Guide Summary: The Camino Guide is an informational resource that serves as a virtual 'pre -meeting' for anybody thinking about starting a building project. After first answering a series of questions, applicants will automatically receive a customized guide containing their timeline, fees, and process for successful project completion. The Guide will also integrate with existing GIs systems to let the applicant know whether their project is allowed in the selected zone. By making every applicant an expert, the Camino Guide reduces errors, frees up valuable staff resources, and flags any potential issues at the outset to ensure a faster process. Features: An online portal where residents can create an account and view current and historical projects. • An intelligent Guide that will ask applications a series of questions about their building project and informs them where it is allowed and whether a permit or license is required. If a permit or license is required, the Guide will generate a customized checklist of steps for the applicant to follow, complete with detailed instructions. The Guide will automatically check for zoning compliance and any other geographic factors. • The agency will be able to track all Guides that are created. • The agency will be able to configure and manage the Guide through an entirely self-service administrative panel. Enhancements for Application Intake: This solution adds functionality to the Camino Guide allowing it to accept digital applications, documents and fees. All features integrate seamlessly with the Camino Guide, taking the applicant from the research phase all the way through starting their project. • Applicants will be able to upload files directly to a required step in the Camino Guide. • Applicants will be able to fill out digital forms when required by a given step. The values collected from these forms can be exported for each Submission. • Fees can be calculated and paid directly through the application. A processing fee of 3% is applied to all credit card transactions. • Review staff will be able to send an application back for changes, or mark applications as approved, rejected, or closed. • Applicants and review staff will be able to communicate directly through Camino with our integrated messaging feature. Back to Agenda Implementation and Support Package (select one of the two options below) [] Self -Service Implementation For this project the customer will be configuring their own Camino implementation with guidance from the Camino team. Camino's software is designed to put the customer in control and agency staff will have full access to all system configuration options including: • Project Type Editor • Guide Step Editor • Rule Builder GIS Rule Configuration • Rich Text and Content Editing The self-service implementation includes: • 5 hours of training for agency staff. 1 hour per week of email, zoom or phone support for the first three months of the agreement. • 1 hour per month of support after the first three months. • Camino assistance with GIS layer import. Access to Camino knowledge base. [X] Camino -led Implementation For this project Camino will be leading and performing system configuration work during the implementation. A Camino Implementation Manager will suggest the best service package based on the project scope (for details see Appendix B — Pricing). The service package will include: • Everything covered under the Self -Service option above. • A fixed number of hours that can be used in year one for system configuration, staff training and process mapping. • Additional hours in future years to add system functionality, make changes to the existing configuration and train new staff. At the start of the implementation Camino will create a project plan with milestones. If the number of service hours exceeds the selected package the customer can upgrade their package or purchase additional hours. Back to Agenda Customer Service Service Level Agreement Camino offers a web -based platform that is accessible from all major desktop web browsers. Camino currently works on browser versions that are still supported by their parent company. As of the date of this proposal, the list of supported browsers (on Windows, OSX, or Linux) is: • Chrome Firefox • Internet Explorer / Edge • Safari Camino guarantees 24/7 access with 99.9% uptime. Camino will occasionally bring the service down for scheduled maintenance and updates, but never during the hours of 8am-6pm, M — F. In the event that Camino ceases operations during the term of this agreement, Camino will (upon request) provide the customer with a full export of all customer data within 30 days of the request. Technical Support Services Camino will assign an Account Manager to assist with onboarding, training, and ongoing support. This representative will be the customer primary point of contact for all requests and issues. In order to initiate a technical support ticket, the customer must email support@camino.ai, or their designated Account Manager or Implementation Manager. Requests made through other channels are not subject to this SLA. Camino uses the following incident response levels: Level 1: Mission critical error that prevents users from accessing or using the system. Level 2: A critical feature is broken. • Level 3: All other bugs or errors. When an issue is reported, Camino will respond within 4 hours during the hours of 8am-9pm PST, M-F. The response will include a support ticket and estimated time to fix. Camino targets the following fix times: Level 1 incident: 24 hours. • Level 2 incident: 48 hours. • Level 3 incident: 5 days. Training Camino will provide one kick-off meeting at the beginning of the implementation and up to five hours of staff training. The customer can include whichever staff they choose in this training session. Camino will run a monthly, two-hour virtual training webinar that all customers can access for free. Training content will be determined by the needs of the participants. Back to Agenda CAMINO INC. SOFTWARE SERVICES AGREEMENT Organization Contact Billing Contact (If Different) Customer Name: ' Contact Name: ' Address: ' Telephone: ' Email: ' Effective Date: - Scope of Agreement: As outlined in the above proposal. Fees: Starting at the effective date, the customer will pay an annual fee as outlined in Appendix B for the services outlined in the Summary. Welcome to Camino! Thanks for using our software. This Software Agreement ("Agreement") is entered between Camino, Inc., with its principal place of business at 2261 Market Street #4302 San Francisco, CA 94114 ("Camino"}, and you, the entity identified above ("Customer"), as of the Effective Date. This Agreement includes and incorporates the Camino Terms and Conditions attached as Appendix A. By signing this Agreement, Customer acknowledges that it has reviewed, and agrees to be legally bound by, the Camino Terms and Conditions. Signature: Printed Name: Title: Date: Customer Camino Nate Levine CSO Appendix A Back to Agenda Camino Terms and Conditions 1. SOFTWARE SERVICES 1.1 Subject to the terms and conditions of these Camino Terms and Conditions (the "Agreement"), Camino will use commercially reasonable efforts to perform the software services (the "Software Services") identified in the applicable Software Agreement entered into by Camino and Customer ("Software Agreement"). 1.2 Customer understands that Camino's performance depends on Customer timely providing Camino with relevant data, feedback and configuration assistance. Any dates or time periods relevant to Camino's Performance will be extended appropriately and equitably to reflect any delays caused by Customer's failure to timely deliver any such materials. Camino shall not be liable for any delays in performance under this Agreement resulting from Customer's failure to meet these obligations. 2. RESTRICTIONS AND RESPONSIBILITIES 2.1 This is a contract for access to the Software Services and Customer agrees not to, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Software Services, documentation or data related to the Software Services, except to the extent such a restriction is limited by applicable law; modify, translate, or create derivative works based on the Software Services; or copy, rent, lease, distribute, assign, sell, or otherwise commercially exploit, transfer, or encumber rights to the Software Services; or remove any proprietary notices. 2.2 Customer will use the Software Services only in compliance with all applicable laws and regulations (including, but not limited to, any export restrictions). 2.3 Customer shall be responsible for obtaining and maintaining any equipment and other services needed to connect to, access or otherwise use the Software Services and Customer shall also be responsible for (a) ensuring that such equipment is compatible with the Software Services, (b) maintaining the security of such equipment, user accounts, passwords and files, and (c) for all uses of Customer user accounts with or without Customer's knowledge or consent. 3. OWNERSHIP. Camino retains all right, title, and interest in the Software Services and all intellectual property rights (including all past, present, and future rights associated with works of authorship, including exclusive exploitation rights, copyrights, and moral rights, trademark and trade name rights and similar rights, trade secret rights, patent rights, and any other proprietary rights in intellectual property of every kind and nature) therein. 3.1 Camino warrants that Camino is the owner of the Software Services and has the right to license it to third parties. Camino will defend, at its expense, any action brought against Customer based on a claim that the Software Services infringe upon a United States or Canadian patent, copyright, trade secret, or other proprietary right of a third party. Camino agrees to indemnify Customer and hold Customer harmless against damages and costs, including attorney's fees, finally awarded against Customer in such actions. 4. CONFIDENTIALITY. Each party (the "Receiving Party") agrees not to disclose (except as permitted herein) any Confidential Information of the other party (the "Disclosing Party") without the Disclosing Party's prior written consent. "Confidential Information" means all confidential business, technical, and financial information of the disclosing party that is marked as "Confidential" or an equivalent designation or that should reasonably be understood to be confidential given the nature of the information and/or the circumstances surrounding the disclosure (including the terms of the applicable Software Agreement). Camino's Confidential Information includes, without limitation, the software underlying the Software Services and all documentation relating to the Software Services. "Confidential Information" does not Back to Agenda include "Public Data," which is data that the Customer has previously released or would be required to release according to applicable federal, state, or local public records laws. The Receiving Party agrees: (i) to use and disclose the Confidential Information only in connection with this Agreement; and (ii) to protect such Confidential Information using the measures that Receiving Party employs with respect to its own Confidential Information of a similar nature, but in no event with less than reasonable care. Notwithstanding the foregoing, Confidential Information does not include information that: (i) has become publicly known through no breach by the receiving party; (ii) was rightfully received by the receiving party from a third party without restriction on use or disclosure; or (iii) is independently developed by the Receiving Party without access to such Confidential Information. Notwithstanding the above, the Receiving Party may disclose Confidential Information to the extent required by law or court order, provided that prior written notice of such required disclosure and an opportunity to oppose or limit disclosure is given to the Disclosing Party. 5. PAYMENT OF FEES. The fees for the Software Services ("Fees") are set forth in the applicable Software Agreement. Customer shall pay all Fees within thirty (30) days after the date of Camino's invoice (which Camino typically sends 45 days after the Effective Date). 6. TERM & TERMINATION 6.1 Subject to compliance with all terms and conditions, the first term of this Agreement shall be from the Effective Date and shall continue for a period of thirty-six (36) months. At the termination of the initial term, the Customer will have the option to renew this agreement for subsequent twelve (12) month terms. The customer will be billed on an annual basis for each twelve (12) month term, and either party may terminate this Agreement at the end of the applicable term, without penalty, with thirty (30) days prior written notice. If either party materially breaches any term of this Agreement and fails to cure such breach within thirty (30) days after notice by the non -breaching party (ten (10) days in the case of non-payment), the non -breaching party may terminate this Agreement immediately upon notice. Customer reserves the right to cancel and terminate this agreement, without cause, upon thirty (30) days written notice to Camino. 6.2 Upon termination, Customer will pay in full for all Software Services performed up to and including the effective date of termination. Upon any termination of this Agreement: (a) all Software Services provided to Customer hereunder shall immediately terminate; and (b) each party shall return to the other party or, at the other party's option, destroy all Confidential Information of the other party in its possession. 6.3 All sections of this Agreement which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability. 7. WARRANTY AND DISCLAIMER 7.1 Camino represents and warrants that: (i) it has all right and authority necessary to enter into and perform this Agreement; and (ii) the Software Services shall be performed in a professional and workmanlike manner in accordance with generally prevailing industry standards. 7.2 Customer represents and warrants that (i) it has all right and authority necessary to enter into and perform this Agreement; (ii) it owns all right, title, and interest in and to all data provided to Camino for use in and in connection with this Agreement, or possesses the necessary authorization thereto; and (iii) Camino's use of such materials in connection with the Software Services" will not violate the rights of any third party. 7.3 CAMINO DOES NOT WARRANT THAT THE SOFTWARE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SOFTWARE SERVICES. EXCEPT AS SET FORTH IN THIS SECTION 8, THE SOFTWARE SERVICES ARE PROVIDED "AS IS" AND CAMINO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON -INFRINGEMENT. Back to Agenda 8. LIMITATION OF LIABILITY. NEITHER PARTY, NOR ITS SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES, SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR RELATED TERMS AND CONDITIONS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES; OR (C) FOR ANY MATTER BEYOND SUCH PARTY'S REASONABLE CONTROL, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. 9. MISCELLANEOUS. Capitalized terms not otherwise defined in these Terms and Conditions have the meaning set forth in the applicable Software Agreement. Neither party shall be held responsible or liable for any losses arising out of any delay or failure in performance of any part of this Agreement, other than payment obligations, due to any act of god, act of governmental authority, or due to war, riot, labor difficulty, failure of performance by any third -party service, utilities, or equipment provider, or any other cause beyond the reasonable control of the party delayed or prevented from performing. With the Customer's approval, Camino shall have the right to use and display Customer's logos and trade names for marketing and promotional purposes in connection with Camino's website and marketing materials, subject to Customer's trademark usage guidelines (as provided to Camino). If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. This Agreement is not assignable or transferable by either party without the other party's prior written consent, provided however that either party may assign this Agreement to a successor to all or substantially all of its business or assets. This Agreement (including the Software Agreement) is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this Agreement, and that all waivers and modifications must be in a writing signed by both parties. No agency, partnership, joint venture, or employment is created as a result of this Agreement and neither party has any authority of any kind to bind the other party in any respect. In any action or proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. This Agreement shall be governed by the laws of California without regard to its conflict of laws provisions. Jurisdiction of any litigation arising from the Agreement will be in San Mateo County. 10. INSURANCE. Camino shall maintain for the duration of this Agreement the following insurance: 10.1 Commercial General Liability including coverage for premises, products -and completed operations, independent contractors/vendors, personal injury and contractual obligations with combined single limits of coverage of at least $1,000,000 per occurrence. 10.2 Automobile Liability, including owned, non -owned and hired vehicles, with at least the following limits of liability: (1) Primary Bodily Injury with limits of at least $500,000 per person, $1,000,000 per occurrence; and (2) Primary Property Damage of at least $250,000 per occurrence; or (3) Combined single limits of $1,000,000 per occurrence. 10.3 Workers Compensation on a state -approved policy form providing statutory benefits as required by law with employer's liability limits no less than $1,000,000 per accident or disease. Back to Agenda Appendix B Fees Item Includes Cost Building Guide/Application Portal • Unlimited external users $20,000 / year • Includes unlimited building project types 25% yearly discount with 3-year • Features outlined in contract term proposal • Adds digital form and data Total: $15,000 / year collection functionality • Adds document upload • Adds fee processing Camino Led Implementation • Features outlined in $10,009 / one time fee proposal Waived with 3-year contract term Back to Agenda 4% City of Port Orchard ., .++„iyn_, ��_• 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Item No.: Public Hearing 6A Agenda Staff Report Subject: Public Hearing on a Petition to Vacate City Right -of -Way, the Northeast Portion of Unopened Depot Street Meeting Date Prepared by Atty Routing No Atty Review Date January 11, 2022 Brandy Rinearson, MMC City Clerk N/A N/A Summary: Petitioners Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC, owners of 1636 Bay Street, Kitsap County Tax Parcel No. 4027-002-001-0006, submitted a petition to vacate City right-of-way (ROW). The ROW is an unopened portion of Depot Street, is directly adjacent to the Petitioners' parcel to the northeast and is approximately 2,000 square feet in total area. The Petitioners are joined in their petition by Stanley Smith and Alice Vasquez -Smith of ASD Sound Investments, LLC, the owner of 1626 Bay Street, Kitsap County Tax Parcel No. 4027-003-008-0403, the parcel directly northwest of the portion of unopened Depot Street proposed for vacation, who together with the Petitioner own more than two thirds of the abutting property, has signed the petition, as required by RCW 35.79.010 and POMC 12.08.010. At the October 21, 2021, Land Use Committee meeting, the committee and staff expressed support of the vacation. On December 14, 2021, the Council adopted Resolution No. 083-21, setting a public hearing date and time. On December 20, 2021, the City posted the required public notice in a conspicuous place in the alley sought to be vacated and placed a copy of the adopted Resolution in three of the most public places in the City: (1) City Hall Bulletin Board, (2) Kitsap County Administrative Building Bulletin Board, and (3) Port Orchard Library Bulletin Board. These actions meet the required posting and noticing requirements as outlined in RCW 35.79.020 and POMC 12.08.020. As of today, staff has not received any written objections to this proposed vacation. Pursuant to RCW 35.79.020 and POMC 12.08.030(1), the Council is prohibited from proceeding with the Public Hearing if fifty percent (50%) of the abutting property owners file written objection to the proposed vacation with the Clerk, prior to the time of the hearing; therefore, with no written objections, the Council shall proceed with the Public Hearing. Recommendation: Staff recommends the Mayor open the public hearing to take public testimony on the petition to vacate City ROW, the Northeast portion of unopened Depot Street. Attachments: Petition and Resolution No. 083-21. Page 127 of 178 tack to Agenda !. City of Port Orchard i4 City Clerk's Office i i"i * ' •�" 216 Prospect Street Port Orchard WA 98366 "'vow (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us _ r www.cityofportorchard.us PETITION TO VACATE CITY RIG HT-OF-W��.OFPORTaaC�ARD APPLICATION C��Rns OFFIC>~ (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. 5 Property Owner's Na ne(s): 11 0 , Mailing Address: I _I Street ) City / J State Zip l Contactlnfarmatian Y=: ioJr —�l� �1��2/1c ��f,�tic.Vr�GI�.C► Phone Email Address of Requested Vacation: 16 3& /�" S , / Street or nearest cross street Parcel Number of Requested vacation: �1GJ_ 7 60 2 — 60 1 —n66 1" 1. The undersigned, owner of real property abutting upon that public street/alley described below, does hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legal description of the requested right-of-way prepared by a licensed surveyor, all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. State the proposed use of the vacated right-of-way: Add -L ti 0 Page 1 of 3 Vacation of City Right -of -Way Application Page 128 of 178 Back to Agenda Provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way. of AppliZnt Signature of Applicant Date —�r 1 u a - Date When submitting this application, please make sure the following requirements are completed and documents are submitted: • Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • New legal description to include the requested right-of-way; • Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; • Documentation supporting the application of the Non -User Statute, if applicable; Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; • Application processing fee of $120; and • $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). FOR/CITY CLERK'S OFFICE USE ONLY $120 Vacation Fee Received lzyes No Receipt No.: 9'bL) $500 Vacation Appraisal Fee (Refundable Deposit) Received _Yes � No eceipt No.: Support for Vacation Petition By Abutting Property Owners forms) Received Yes No Public Hearing Date: 1 — z)-- y Notices Posted by: 's 1' Date of Noticing: 1 ?c) Approved by the City Council Yes No Page 2 of 3 Vacation of City Right -of -Way Application Page 129 of 178 Back to Agenda City of Port Orchard City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. - : T:S 6 /�, /"f,1,L5 s, Z. / c Property Owner Seeking Vacation ( Contact Information First and Last Name )2&�-- Phone Email rt Street or Nearest Cross Street of Requested Vacation: S Parcel Number of Requested Vacation 4/0Z 7 Go Z _ 63u / —000 (, Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sin this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. First and Las Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managi Member No. 1 S.S= In (Signature and/or Title) kt �, , !", ;�_ r, L4,T-K ->; HCl 1 L,t-C First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 2 I� ( Signature andj/or Title) Property Address j� �� Tax Parcel Number Mailing Address:. r �G� /yc e2,v U �-,::If P' - w Street City State Zip Contact Information✓&-) 7e Phone Email. Page 3 of 3 Vacation of City Right -of -Way Application Page 130 of 178 Back to Agenda Exhibit A Page 1 of 2 Legal Description of Road to be Vacated Gov't Lot 2 (NW %4) of Sec. 25, T. 24 N, R. 1 E, W.M Vacation of Depot Street Depot Street, Plat of Annapolis, according to the Plat thereof, recorded in Volume 1 of Plats, Pages 64 and 64, in Kitsap County. Except that portion vacated in Commissioner's Journal Volume 4, Page 18, November 4, 1912. Contains 2,000 square feet. ibs legal.docx Written by_ Checked by Page 1 of 1 Page 131 of 178 Exhibit A Page 2 of 2 Portion of Government Lot 2 (NW 1/4) Section 25, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington W W ry Q m Me 0 o�� 1 LO 100' ,Ln VACATED PER COMMISSIONER'S JOURNAL - PORTION TO VOLUME 4, PAGE 18 BE VACATED 100' DEPOT STREET 00/ L1J VACATED PER COMMISSIONER'S JOURNAL Q VOLUME 4, PAGE 18 100' ry ry W n a 9 0 1tin' �9 o o A k-A�i N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360) 895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 JOB NO.: 11808 Page 132 of 178 so f -0 OPt n Back to Agenda l identity Results s_t Taxpayer ASD SOUND INVESTMENTS LLC Account No 4027-003-008-0403 Acco— ID 2416014 Site Address 1626 BAY ST PORT ORCHARD WA 98366 Mail Address PO SOX 69 MANCHESTER WAI 98353 0069 Tax Statement Photos & Sk—hes 7r Parcel Details Tax S U AaSee --- Land & LO-Lon w Rp s r^Provem ents Receipts ValueValue i�s_y Splits & Merges Vonno Districts Sales Hi story DCD Permit Info gay St t II "?(l r room:fy Result, Texpaye• 150 HOLDINGS LLC Account No 4027-0a2-001-0006 Aunt ID 1501 Site Address 1636 BAY ST PORT ORCHARD WA 98366 Mad Address PO BOX 69 MANCHESTER :VA 96353 Tax Statement Photo, & Sketches Parcel Details & 'e, L s4-,Arterr— Idmp & Land Lounon Ra ceip�f 9u Improvemer s V,I.. 6 Tax Hittori 5phts & MerqLI Y4 it^c 7UCnCM1 We, History DCD Prmlt Tnfo i.p i r gay St EJV O J 7 SA v-i '_•7 Ti a I 0 rJ 033.0 Page 134 of 178 Back to Agenda. .!.� 5cJ.2e \ 7er A It anc \ i I n r• ! D I 4 4 \] C ;! 6 y.uerr cold Surd+ yo>• rp + ' t / g J!? �ti4 lrsltle L{/4rlri/t�ton p Ave auegill I Are.%p4 x . I k \ 7 A Tr—, •It /J I', Ir i Aveaue Z "S• 70/ 1+ tt /3 /J '40 /r 1 J Y�1' Y m�j•r'I (lFeet '0 .4 rapt 9d ldk, yt¢ ,. .• T�' g',� �y .n2u'I� n a+leG C7�lkt' ro e�wr «,c. �o.Ge.,. e.. Cdv— r., - - ' 9��p,�.,Nx.d.ds�eL�L�C�(ay.twl+(et�aBovew.n.,d�. /L _..-�, �Y?6dApy r- •'6 ia�. .. - _� �.. .-..� _,,.may �?+„(v�.w_q�-'.'��i-.�I."�., .'7 Back to Agenda RESOLUTION NO. 083-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, REPEALING RESOLUTION NO. 082-21 AND SETTING A JANUARY 11, 2022 FOR A PUBLIC HEARING ON A PETITION TO VACATE CITY RIGHT-OF-WAY, THE NORTHEAST PORTION OF UNOPENED DEPOT STREET WHEREAS, on November 23, 2021, the City Council adopted Resolution 082-21, setting the date and time of a hearing on the petition to vacate a portion of the City's right-of-way, Depot Street; and WHEREAS, when preparing the required public notices of the hearing, it was discovered that, due to a calculation error, there was an insufficient amount of time for staff to prepare the noticing and posting to meet the requirements of the Port Orchard Municipal Code, which requires public notice of the hearing no less than 20 days in advance of the hearing; and WHEREAS, by this Resolution Council would repeal Resolution No. 082-21, in its entirety and set a new public hearing date for the petition to vacate; and WHEREAS, the petitioners, Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC, submitted a petition to vacate a portion of unopened City right-of-way, a portion of Depot Street; and WHEREAS, the petitioners own the parcel at 1636 Bay Street, Kitsap County Tax Parcel No. 4027-002-001-0006, located directly to the northeast of the proposed portion of unopened right-of-way proposed for vacation, and are joined by the owner of the parcel at 1626 Bay Street, Kitsap County Tax Parcel No. 4027-003-008-0403, located directly to the northwest of the portion of unopened right-of-way; and WHEREAS, the petitioners have submitted an application, copy attached hereto as Exhibit A and incorporated herein by this reference, which meets the requirements set out in Port Orchard Municipal Code (POMC) 12.08.010, and have paid the applicable fees required by the City; and WHEREAS, the petitioners constitute the owners of more than two-thirds (2/3) of the property abutting the area proposed for vacation pursuant to RCW 35.79.010; and WHEREAS, the petitioners have requested that proceedings be had hereon for the vacation of said portion of the city right-of-way in the manner prescribed by RCW 35.79; and WHEREAS, the proposed area for vacation is approximately 2,000 square feet, legally described as follows and depicted in the survey contained in Exhibit A hereto: Page 136 of 178 Back to Agenda Resolution No. Qt3a 1 Page 2 of 11 Government Lot 2 (NW %) Section 25, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington WHEREAS, the street vacation is requested to reflect existing structures in the unopened right of way, so that the petitioners will maintain as private property; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: Resolution No. 082-21 is hereby repealed in its entirety. THAT: A Public Hearing upon said proposed street vacation shall be held via the online platform zoom and by telephone on Tuesday, January 11, 2022, at 6:30 p.m., at which hearing all persons interested in said street vacation are invited to appear telephonically or via the zoom platform. Access information including the telephone number and zoom information shall be included in the notices required herein. THAT: The City Clerk is directed to post notice of the petition in three of the most public places in the city and a like notice in a conspicuous place on the street sought to be vacated, pursuant to RCW 35.79.020. The Clerk shall also post the notice on the City's website. 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 14th day of December 2021. ATTEST: Brandy inearson, MMC, City Clerk Robert Putaansuu, Mayor Illiitl1111111�1 Page 137 of 178 Back to Agenda r ; City of Port Orchard :•:.st: ,i,: �..•• City Clerk's Office ",� ■� 216 Prospect Street, Port Orchard, WA 98366 �,.r• �* a p (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.uS www.cityofportorchard.us 1: bci a % 416 PETITION TO VACATE CITY RIGHT-OF-WR�ryC R SDRD�ARD APPLICATION OFFICF (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW- Property Owner's Name(s): Mailing Address: Street City JJ State Zip Contact Information: S /1,rr rz I� c a�G�.L:�c c 11a._c �+`Y► Phone Email Address of Requested Vacation: 16 36, lYd v -s -�rL- , �- - StreetLorr nearest cross street Parcel Number of Requested Vacation: l G� �� G 1. The undersigned, owner of real property abutting upon that public street/alley described below, does hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legal description of the requested right -of- way prepared by a licensed surveyor: Szc ciorcl.zo,1 all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. State the proposed use of the vacated right-of-way:�4dd -L rz?.x ° .JV Page 1 of 3 Vacation of City Right -of -Way Application Page 138 of 178 Back to Agenda Provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way. 41 Slanatde ofrAl ppllr nt Date Signature of Applicant Date When submitting this application, please make sure the following requirements are completed and documents are submitted; • Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • New legal description to include the requested right-of-way; • Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; • Documentation supporting the application of the Non -User Statute, if applicable; • Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; Application processing fee of $120; and $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). iFO1W,ITY CLERK'S OFFICE USE ONLY $120 Vacation Fee Received VYes No Receipt No- $500 Vacation Appraisal Fee (Refundable Deposit) Received Yes _ No eceipt No.: Support for Vacation Petition By Abutting Property Owners form(s) Received Yes _ No Public Hearing Date: Notices Posted by: Date of Noticing: Approved by the City Council Yes No Page 2 of 3 Vacation of City Right -of -Way Application Page 139 of 178 Back to Agenda i City of Port Orchard �.k., City Clerk's Office ;`mil} 216 Prospect Street, Port Orchard, WA 98366 '4* �•+ (� �" 'T• (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document Is considered a public record and is subject to public disclosure laws In Chapter 42.56 RCW. -T56 /�, /,[,. _}, 4 -, Property Owner Seeking Vacation (Petitioner): First and Last Name Contact information'(-3,6�,U) Z i� ! 5 qc4 S 4n a l++c c 6�d tkj ar/e. C-� vet Phone Email n Street or Nearest Cross Street of Requested Vacation:► 5 Parcel Number of Requested Vacation: /0 Z ;? --00 Z — C3y / --0 oQ �,; Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest mu.•jn this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an Increase on my/our tax assessment if this vacation of right-of-way petition is approved. • I/We understand I/We may be required to pay for a portion of the vacated right-of-way. s4a,..le v Ste; /Z First and LastfName (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 1 - (Signatu(and/or Title) First and Last Name (PrHied) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No, 2 (Signature and/or Title) Property Address Tax Parcel Number Malling Address: 1116 , dcc,< ( 7 1 ,?WV c. �E'1 �E'� � W a,4' 3 s_'� Street City State Zip Contact informationLZO 7( Phone Email Page 3 of 3 Vacation of City Right -of -Way Application Page 140 of 178 Back to Agenda Exhibit A Page 1 of 2 Legal Description of Road to be Vacated Gov't Lot 2 (NW A) of Sec. 25, T. 24 N, R. 1 E, W.M. Vacation of Depot Street Depot Street, Plat of Annapolis, according to the Plat thereof, recorded in Volume 1 of Plats, Pages 64 and 64, in Kitsap County. Except that portion vacated in Commissioner's Journal Volume 4, Page 18, November 4, 1912. Contains 2,000 square feet. ��,Aito 4s WAS" L.011 ibs legal. docx � r Written by Checked by Page t of 1 Page 141 of 178 Back to Agenda Exhibit A Page 2 of 2 Portion of Government Lot 2 (NW 1/4) Section 25, Township 24 North, Range 1 East, W.M. in the City of Port Orchard, Kitsap County, Washington 100' r, VACATED PER COMMISSIONER'S JOURNAL PORTION TO VOLUME 4, PAGE 18 1 BE VACATED / DEPOT STREET 10{! Li VACATED PER COMMISSIONER'S JOURNAL ;� Q VOLUME 4, PAGE 18 100' lY W n 9 0 41o 0 0 Ln to A N.L. Olson & Associates, Inc. Engineering, Planning and Surveying (360)895-2350 or (360) 876-2284 2453 Bethel Avenue, P.O. Box 637, Port Orchard, WA 98366 JOB NO.: 11808 Page 142 of 178 Back to Agenda Identify Res.lts Taxpayer ASO SOUND INVESTMENTS LLC Account NP 4027-003.008-0403 Acco.ns TO 24160t4 Site hd Brass 1626 BAY ST PORT ORCHARD VIA 98366 Mail Address PO BOX 69 MANCHESTER WA 98353 0069 Tax 5--ar, Photos A Sketches 7r WZLQi},--la Tax A Levy Assessments Lane a tecV— BUildm & Improsements Recei Lss VAl- i ha M:ttor Solis & Merges YOLng D—cts Salts H. rt DCD Per,,, Inf. BaySt / 1Ecntlfy Res. Taxpayer ISS HOLDINGS LLC Account NO 4027-002.001.0006 Account l0 1501246 Site Address 1639 B.AI ET PORT ORCHARD VA 98366 Mail Address PO 80% 69 MANCHESTER WA' 98353 T., 5.. en[ Ohntos L LLHMes Parcel Details 71. 1 ler Ass Land & Location fu�c�.o 1 Imuloaa Receio,, Yt ue L Tar i':a ,r, Splits & Merges Y6!ft Dlztlt[t+ I .Saar unlat. 9C0 Pe_x�.L1[Irylall 3-70! I' si �•U37 }J S J1j•74 J : -tJ lr — .1il=�. rl• - GsU•UJ lV'S -ll'1 �'Ur` 'J'1G •'J r1 7 r7rS •51 rJ .. 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G p `B vlc;e A�/slid /� if xr �i7 l�ro Back to Agenda Page 146 of 178 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Subject: Appointment of a Mayor Pro-Tempore for 2022 Meeting Date: Prepared by: Atty Routing No.: Atty Review Date: Back to Agenda January 11, 2022 Brandy Rinearson, MMC Citv Clerk N/A N/A Summary: Pursuant to RCW 35A.12.065 the city council needs to appoint a Mayor Pro-Tempore. Typically, this is done at the first meeting of each calendar year. The council will accept nominees and then vote for one councilmember to be appointed as the Mayor Pro-Tempore for 2022. Recommendation: Staff recommends a councilmember nominate a fellow councilmember to serve as the Mayor Pro-Tempore for 2022. Relationship to Comprehensive Plan: None. Motion for consideration: I move to elect 2022. Fiscal Impact: N/A Alternatives: N/A Attachments: None as the Mayor Pro-Tempore for Page 147 of 178 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7B Agenda Staff Report Subject: Adoption of an Ordinance Approving the Petition to Vacate City Right -of -Way, the Northeast portion of unopened Depot Street Back to Agenda Meeting Date: January 11, 2022 Prepared by: Brandy Rinearson, MMC City Clerk Atty Routing No Atty Review Date N/A N/A Summary: Earlier this evening, a Public Hearing was held to take testimony on whether the City Council should vacate City Right -of -Way (ROW), the Northeast portion of unopened Depot Street. Staff has determined the following with regards to the proposed street vacation: The area sought to be vacated was plated on June 3, 1890 and annexed into the City by the adoption of Ordinance No. 675, on October 10, 1960. To date the City has not opened the ROW. The City Engineer has reviewed the street vacation petition and has indicated the following: 1. The area sought to be vacated is not needed for public travel now or in the foreseeable future. 2. The functionality of the area sought to be vacated for public purposes is nonexistent. 3. The vacation of the area would not adversely affect any City utilities, such as water, sewer, or storm. 4. The City has not included any projects within the proposed vacation area as part of its six -year road plan, nor has the City any scheduled capital facilities projects on this property. The Community Development Director stated the following: 1. Vacation of the proposed area does not create potential or actual land uses that are inconsistent with City growth plans and goals. This area has not been identified in the City's Comprehensive Plan. The petition was brought before the Land Use committee on October 21, 2021, and they expressed no concerns and supports the petition. After further review of the petition, staff determined that the area proposed for vacation has been vacated by lapse of time under the non -user statute. Meaning, pursuant to RCW 36.87.090, it states that if any plat was recorded prior to the incorporation and remained unopened for public use for a period of five years it shall thereby be vacated. In addition, if that statute does apply POMC 12.08.060 (3) states no appraisal or compensation shall be required of this qualifying petition. Page 148 of 178 Back to Agenda Business Item 7B Page 2 of 2 Staff is asking the Council to determine if they agree that the documents provided confirm that the area proposed in the street vacation has vacated by lapse of time under the non -user statute; and if so then the Council shall approve the vacation by ordinance. Recommendation: Based on the report provided to the Council, staff recommends approving the street vacation petition as presented. Motion for consideration: I move to adopt an Ordinance, vacating City right-of-way, the Northeast portion of unopened Depot Street, as presented. Fiscal Impact: None, as it falls within RCW 36.87.090, vacated by lapse of time under the non -user statute and no appraisal or compensation shall be required of this qualifying petition. Alternatives: N/A. Attachments: Draft Ordinance and Annexation Ordinance No. 675 (Petition was provided under public hearing item). Page 149 of 178 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING A PORTION OF DEPOT STREET, UNOPENED CITY RIGHT-OF- WAY IN PORT ORCHARD, WASHINGTON; ESTABLISHING THE CONDITIONS OF SUCH VACATION; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, a petition for vacation of a portion of Depot Street was submitted to the City by Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC ("Petitioners"); and WHEREAS, the Petitioners owns fifty percent of the property abutting the proposed vacation area, and Stanley Smith and Alice Vasquez -Smith of ASD Sound Investments, LLC are the other abutting property owners on the petition. The adjacent property owners, along with the Petitioners, represent the owners of more than two thirds of the abutting property, and all have signed and are in support of the petition; and WHEREAS, the City Council supports the Land Use Committee's recommendation to vacate the right-of-way; and WHEREAS, on December 14, 2021, the City Council adopted Resolution No. 083- 21, fixing January 11, 2022, as the date for a public hearing on the street vacation petition, which is not more than 60 days or less than 20 days after passage of the Resolution (POMC Section 12.08.010(3) and RCW 35.79); and WHEREAS, the City Clerk provided public notice and posting of the pending street vacation petition of the public hearing as required by law (POMC Section 12.08.020(1) and RCW 35.79); and WHEREAS, the City Council held a public hearing on January 11, 2022, on the proposed street vacation; and WHEREAS, staff determined the requested vacated area was platted prior to the incorporation of the City in October of 1890, and remained in Kitsap County's jurisdiction until annexed on October 10, 1960; and WHEREAS, staff reviewed the petition and, in light of the provisions in POMC chapter 12.08.060 determined this proposed street vacation is subject to the 1889-1890 Laws of Washington, Chapter 19, Section 32 (the nonuser statue) and is vacated by lapse of time; now, therefore, Page 150 of 178 Back to Agenda Ordinance No. Page 2 of 3 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non -user Statute. Under POMC Section 12.08.060(5), if the City Council determines that the area proposed for vacation has been vacated by lapse of time under the non -user statute, it shall approve the vacation ordinance. Section 2. Public Notice. The City Council finds that the City Clerk provided at least 20 days' and not more than 60 days' notice of the pendency of the street vacation petition and the public hearing thereon, as required by POMC Section 12.08.020 and RCW 35.79, including notice being posted on the street or alley sought to be vacated. Section 3. Staff Report. Staff has prepared a report and recommendation on the proposed vacation, which is dated January 11, 2022. A copy of this report was available to the public prior to the public hearing. Section 4. Public Hearing. The public hearing was held on the petition for street vacation on January 11, 2022. Section S. Testimony at Public Hearing. The Public Hearing was held and no one from the public commented on this street vacation OR Section S. Testimony at Public Hearing. The following is a list of the members of the public testifying at the public hearing, and a summary of the public testimony presented: [INSERT] Section 6. City Council Findings. After hearing the testimony of the public and considering the staff report and all other relevant facts, the City Council finds as follows: a. The plat document provided shows the area platted, and b. City Ordinance No. 675 provided proof the area remained in the County longer than 5 years as required by RCW 36.87.090. Section 7. City Council Conclusions. The City Council determines the area proposed for vacation has been vacated by lapse of time under the non -user statute, and that the City has no legal interest in this area, and therefore shall approve the vacation ordinance. Page 151 of 178 Back to Agenda Ordinance No. Page 3 of 3 Section 8. Compensation and Recording. A certified copy of this Ordinance vacating the proposed area shall be recorded by the City Clerk with the Kitsap County Auditor's office, as required by RCW 35.79.030. Section 9. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 10. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 11. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 11t" day of January 2022. Robert Putaansuu, Mayor Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: Charlotte Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 152 of 178 ORDINANCE.NO. 675 r- AN ORDINANCE RELATING TO AND PROVIDING FOR THE ANNEXATION OF TERRITORY TO THE TOWN OF PORT ORCHARD. BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF PORT ORCHARD: WHEREAS, the owner of more than 75 percent of the real property hereinafter described, have petitioned the Council of the Town of Port Orchard that the Town of Port Orchard; and WHEREAS, the Town Council did fix Monday, October 10, 1960, at the hour of 7:30 P.M., for hearing on said petition and the Clerk of the Town of Port -Orchard did give due notice of the said hearing in the manner provided by law; and WHEREAS, the Town Council in a regularly scheduled meeting on the loth day of October, 1960, did hold a hearing on said petition and unanimously approved the same; NOW, THEREFORE, be it, and it hereby is, ordained by the Council of the Town of Port Orchard as follows: Section 1. That the following described territory contiguous to the Town of Port Orchard be, and the same hereby is, annexed to the Town of Port Orchard and from and after the effective date of this Ordinance, shall be and become apart of the Town of Port Orchard subject to all the laws and ordinances thereof, the said territory being more particularly described as follows: All of Block 1 and the East 3� of Block 4, together with the projection of Tracy Street lying on the West side of an abutting the East Z of said Block 4, all in Fowler's Re21at of Wheeler & Singleton's Addition; all of Blocks 2, 5, 6, 7, 10, 11, 12, 1.3, 14, 15, 18, 19, 20, 21, & 22, Plat of Annapolis; all of Lots 10 to 15 inclusive, Block 1 and all of Block 22 (and the intervening street between the two Blocks),, plat of Sidney Tidelands; also such portions of platted streets within above area including Division Street from Mitchell Road east to Decatur Avenue, Baltimore Street, Stockton Street and Mahan Street extended Northwesterly from Decatur Avenue, Tracy Avenue and Farragut Avenue from Division Street to Chester Street, Perry Street and Bay Street from present corporate limits of Port Orchard running in a northeasterly direction to a point in in line with the northeasterly extremity of Block 21, all of -Depot Street and Centre Street, in said Plat of Annapolis, Kitsap County, Washington. Section 2. This Ordinance shall be in full force and effect immediately upon publication thereof. PASSED unanimously by the Council of the Town of Port Orchard meeting in regular session on the loth day of October, 1960. ATTEST: TOWN OF PORT ORCHARD TOWN CLERK TOWN ATTORNEY MAYOR Page 153 of 178 Back to Agenda 41 City of Port Orchard ., .++„iyn_, ��_• 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7C Meeting Date: January 11, 2022 Subject: Adoption of a Resolution Fixing the Date Prepared by: Brandy Rinearson, MMC of a Public Hearing on a Petition to City Clerk Vacate City Right -of -Way, the Southern Atty Routing No.: 366922-0005 - Clerk Portion of Opened Bay Street Atty Review Date: January 7, 2022 Summary: Petitioners Walter and Roberta Huth Trustees, owners of 1819 Bay Street, Kitsap County Tax Parcel No. 4027-034-003-0007, submitted a petition to vacate City right-of-way (ROW). The ROW is an opened portion of Bay Street, directly adjacent to the Petitioners' parcel to the south, approximately 200 square feet in total area. The area is currently encumbered by a portion of a structure owned by the petitioners. The Clerk received a complete application conforming with the requirements of Port Orchard Municipal Code chapter 12.08, including Section 12.08.010. The Public Works Director supports the vacation, as this is necessary to receive clean title for the federally funded Pedestrian Pathway Project. A portion of the petitioner's property is in the City's ROW. Chapter 35.79 RCW requires the City to adopt a resolution setting the date and time of a Public Hearing to hear and determine the petition to vacate the City's right-of-way. Staff is seeking direction from the Council as to when they want to hold a public hearing to vacate the proposed City right-of-way. The proposed Resolution would set the hearing via zoom and telephone for February 8, 2022, which is at least 20 days from the date of this Resolution if adopted on January 11, 2022. Upon adoption of this resolution, staff will post proper notices of the date and time of the hearing and provide notice to adjacent property owners. Recommendation: Staff recommends the Council adopt a Resolution setting the date and time of hearing on the petition to vacate a portion of the City's right-of-way, Bay Street as described above. The hearing is to be held on Tuesday, February 8, 2022, at the regular Council meeting held at 6:30 PM and directing the proper posting of notices of the hearing. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a Resolution setting a Public Hearing for February 8, 2022, at 6:30 PM, on a petition from Walter and Roberta Huth Trustees to vacate a portion of opened right-of- way, Bay Street. Page 154 of 178 Back to Agenda Business Item 7C Page 2 of 2 Fiscal Impact: TBD, upon approval of the Council a property appraisal. Alternatives: Do not pass the Resolution and reject the Petition. Attachments: Street Vacation Petition with new legal description and Resolution Page 155 of 178 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, FIXING THE DATE OF PUBLIC HEARING ON A PETITION TO VACATE A PORTION OF BAY STREET, OPENED CITY RIGHT-OF-WAY WHEREAS, the petitioners, Walter and Roberta Huth Trustees, submitted a petition to vacate opened City right-of-way, a portion of Bay Street; and WHEREAS, the petitioners own the parcel at 1819 Bay Street, Kitsap County Tax Parcel No. 4027-034-003-0007, located directly to the south of the proposed portion of opened right- of-way proposed for vacation; and WHEREAS, the petitioners have submitted an application, copy attached hereto as Exhibit A and incorporated herein by this reference, which meets the requirements set out in Port Orchard Municipal Code (POMC) 12.08.010, and have paid the applicable fees required by the City; and WHEREAS, the petitioners constitute the owners of more than two-thirds (2/3) of the property abutting the area proposed for vacation pursuant to RCW 35.79.010; and WHEREAS, the petitioners have requested that proceedings be had hereon for the vacation of said portion of the city right-of-way in the manner prescribed by RCW 35.79; and WHEREAS, the proposed area for vacation is approximately 200 square feet, legally described as follows and depicted in the survey contained in Exhibit A hereto: THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON, TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF, - ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. WHEREAS, the street vacation is requested to reflect existing structures in the opened right of way, and the obtain clear title for the Bay Street Pedestrian Pathway Project; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Page 156 of 178 Back to Agenda Resolution No. Page 2 of 2 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: A Public Hearing upon said proposed street vacation shall be held via the online platform zoom and by telephone on Tuesday, February 8, 2022, at 6:30 p.m., at which hearing all persons interested in said street vacation are invited to appear telephonically or via the zoom platform. Access information including the telephone number and zoom information shall be included in the notices required herein. THAT: The City Clerk is directed to post notice of the petition in three of the most public places in the city and a like notice in a conspicuous place on the street sought to be vacated, pursuant to RCW 35.79.020. The Clerk shall also post the notice on the City's website. 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 11th day of January 2022. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 157 of 178 City of Port Orchard City Clerk's Office N ►►� 4 216 Prospect Street, Port Orchard, WA 98366 _ - -- (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us .� �F www.cityofportorchard.usIMMMWA%r_Ho �_ !T yckF KsoR�"ARo PETITION TO VACATE CITY RIGHT-OF-WAY �FjCE APPLICATION (POMC 12.08 / Resolution No. 030-17) This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW, Property Owner's Name(s): Walter and Roberta Huth, Trustees Mailing Address: 554 28`" Street Oakland CA 941 Street City State Zip Contact Information: 707 889-3453 huthroberta@smail.com Phone Email Address of Requested Vacation: 1819 eaStreet Street or nearest cross street Parcel Number of Requested Vacation: 4027-034-003-0007 1. The undersigned, owner of real property abutting upon that public street/alley described below, does hereby petition the City of Port Orchard to vacate said street/alley, described as follows (you may attach a separate sheet containing the legal description): Legal description of the requested right-of-way prepared by a licensed surveyor: SEE ATTACHED all situated in the City of Port Orchard, County of Kitsap, State of Washington; declares that this petition is supported by the signatures of the owners of more than two-thirds of the real property abutting the requested vacation area; and requests that said City Council by Resolution fix a time and place when this petition shall be heard and determined by that authority, which time shall not be more than sixty (60) days nor less than twenty (20) days after passage of such Resolution (RCW 35.79.010) 2. State the proposed use of the vacated right-of-way: to clear the encroachment that is in the ci Page 1 of 3 Vacation of City Right -of -Way Application Page 158 of 178 Back to Agenda 3. Provide a map of the proposed right-of-way area to be vacated with the following information: a. Approximate width of the area to be vacated b. Approximate length of the area to be vacated c. Approximate total square footage of the area to be vacated I/We declare under penalty of perjury under the laws of the State of Washington that the foregoing information and attached documentation is true and correct, and that I/We are the true and correct owner(s) of real property abutting the requested vacation of City right-of-way_ '12-13-ZI Signature of Applicant Date Signature of Applicant Date When submitting this application, please make sure the following requirements are completed and documents are submitted. • Support for Vacation of City Right -of -Way Petition form(s) signed by the owners of real property abutting upon the part of the street or alley sought to be vacated (these owners must, along with the Petitioner, constitute the owners of at least two-thirds of the real property abutting such area); • New legal description to include the requested right-of-way; • Documentation supporting the fair market value of the street or alley sought to be vacated, if applicable; • Documentation supporting the application of the Non -User Statute, if applicable; ■ Dimensions of area proposed to be vacated; • Map of the proposed right-of-way to be vacated outlined or highlighted; 4 Application processing fee of $120; and ■ $500 appraisal fee refundable deposit (Petitioner shall pay the actual cost of the appraisal, upon Council approval). :OZRITY CLERK'S OFFICE USE ONLY $120 Vacation Fee Received No Receipt No.: $500 Vacation Appraisal Fee (Refundable Deposit) Received _Yes _ No Receipt No.: Support for Vacation Petition By Abutting Property owners form(s) Received es _ No Public Hearing Date: Notices Posted by: Date of Noticing: Approved by the City Council Yes No Page 2 of 3 Vacation of City Right -of -Way Application Page 159 of 178 Back to Agenda City of Port Orchard 1 q'E d .r Q��i 1[I 1 N �1.—�_� City Clerk's Office 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 • cityhall@cityofportorchard.us www.cityofportorchard.us SUPPORT FOR VACATION OF RIGHT-OF-WAY PETITION BY ABUTTING PROPERTY OWNERS This document is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW. Property Owner Seeking Vacation ( First and Last Name Contact Information: Phone Email Street or Nearest Cross Street of Requested Vacation: Parcel Number of Requested Vacation:__ Signatures of owners of real property abutting requested vacation of right-of-way area (Note: all persons who have an ownership interest must sign this document. This includes co-owner(s) and/or spouses, or corporate officers authorized by the corporation. By signing, I/We declare under penalty of perjury under the laws of the State of Washington that: • I/We are the true and correct owner(s) of real property abutting the street or alley sought to be vacated. • I/We understand that I/We may see an increase on my/our tax assessment if this vacation of right-of-way petition is approved. I/We understand I/We may be required to pay for a portion of the vacated right-of-way. First and Last Name (Printed) of Property Owner/Corporate Officer Name of Corporation (if applicable) Managing Member No. 1 (Signature and/or Title) First and Last Name (Printed) of Property Owner/Corpora ffi er Name of Corporation (if applicable) Managing Member No. 2 (Signature and/or Title) Property Address Tax Parcel Number Mailing Address: Street City State Zip Contact Information: Phone Email Page 3 of 3 Vacation of City Right -of -Way Application Page 160 of 178 Back to Agenda EXHIBIT PARCEL NO. 4027-034-003-0007 RIGHT OF WAY VACATION THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A", DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF SAID PARCEL "A", SAID CORNER ALSO BEING ON THE NORTHEASTERLY MARGIN OF BAY STREET; THENCE NORTH 60' 10' 20" WEST ALONG SAID NORTHEASTERLY MARGIN, 4 15 FEET TO THE TRUE POINT OF BEGINNING, - THENCE SOUTH 29° 49' 40" WEST, 11.00 FEET, - THENCE NORTH 60° 10' 20" WEST, 18.20 FEET, - THENCE NORTH 29° 49' 40" EAST, 11.00 FEET TO SAID NORTHEASTERLY MARGIN; THENCE SOUTH 60° 10' 20" EAST ALONG SAID NORTHEASTERLY MARGIN, 18.20 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 200 SQUARE FEET, MORE OR LESS. PARCEL "A". - (PER CHICAGO TITLE INSURANCE COMPANY ORDER NO. 417031, DATED SEPTEMBER 13, 2021) THE SOUTHEASTERLY 20 FEET OF LOT 3 AND ALL OF LOT 4, BLOCK 34, ANNAPOLIS, ACCORDING TO THE PLAT RECORDED IN VOLUME 1 OF PLATS, PAGE 64, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETHER WITH VACATED NORTHERLY 25 FEET OF NORTH BAY STREET ADJOINING THEREOF; ALSO TOGETHER WITH THE ABUTTING PORTION OF LOT 3 AND ALL OF LOT 4, BLOCK 34, SIDNEY (NOW PORT ORCHARD TIDELANDS) IN FRONT OF LOT 3 AND LOT 4, BLOCK 34, ANNAPOLIS IN SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. Io�13�ZOZl 20-ROW-VACATION. DOCX Page 1 of 1 KPG IACOMA- SLnr1 LL Page 161 of 178 Back to Agenda GOV'T LOT 4, SEC. 25, T. 24 N., R. 1 E., W.M. I � N.T.S. /` TAX LOT NUMBER 4027-034-002-0008 0 / TAX LOT NUMBER NO R�Oh\ 4027-034-003-0007 OF TAX LOT NUMBER Q�Gyr RIGHT OF WAY 4027-034-005-0005 Oc �� ,• qyb \ AREA - 200 S.F.t , qy oo �82a TPOB 4.15' POB ST _ 41 \ 0 1/0�0. DATE: 10 13/2021 FILE: 20.DWG KpG EXHIBIT Interdisciplinary Design 1131EIIioOAve 21123efiesonAve PARCEL 4027-034-003-0007 Suite400 Taeoma,WA18402 seaAle,V1A96121 (253)627-0720 RIGHT OF WAY VACATION (20( 1 www.Npg.00m Page 162 of 178 Back to Agenda ICenti'y Results —P.", Acc m Na A-w.a ID Site Add,— Mail Address si �i.ei_!PC'11i F ��H�Ii±Si+Ts �44G 9 k.�nes Spry H}Stwtr HJTH WALTER & ROBERTA TRJST=-ES 4627-034-003-0007 .5133507 .814 BAYS PORT ORCHARD WA 90366 554 28Tr1 5T OAKLAND CA 94609 3507 Phulus & Sketches TeK & Le-" Assessments Buih:inq & Improvements 'Jalue & T.K HisturY vu[i u4 Oi str icts DCD Permit -Mu Back to Agenda ;W 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: January 11, 2022 Subject: Adoption of a Resolution Confirming Prepared by: Brandy Rinearson, MMC Mayoral Appointments to the Planning City Clerk Commission and Building Board of Appeals Atty Routing No.: N/A Atty Review Date: N/A Summary: Annually, the City Clerk's office reviews the expiring and unexpired terms and/or vacancy of members of various boards, committees, and commissions. The Mayor is seeking to appoint the following volunteers to fill an expired, unexpired, and vacant terms on the Planning Commission and Building Board of Appeals, upon confirmation of the City Council: • Planning Commission: appointment of Tyler McKlosky, Position No. 3, for a four-year term expiring December 31, 2025; • Building Board of Appeals: appointment of Joseph Faulkner, Fire Protection Engineering Position, for an unexpired term expiring December 31, 2025, and appointment of Robert Baglio, Alternat Position, for a vacant unexpired term expiring December 31, 2025; Recommendation: Mayor Putaansuu recommends adoption of a Resolution confirming his appointments, as presented. Relationship to Comprehensive Plan: N/A. Motion for consideration: "I move to adopt a Resolution confirming the Mayor's appointments to the Planning Commission and the Building Boards of Appeals as set forth in the Resolution presented." Fiscal Impact: None. Alternatives: Not confirm the Mayor's appointment and provide further direction. Attachments: Resolution. Page 164 of 178 Back to Agenda :J4.11ORIIIEel IZEel A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING MAYORAL APPOINTMENTS TO THE PLANNING COMMISSION AND BUILDING BOARDS OF APPEALS WHEREAS, the Mayor is authorized to appoint volunteers to fill unexpired or vacant terms on various boards, committees, and commissions, upon confirmation of the City Council; and WHEREAS, the following board and commission have expired, unexpired and/or vacant terms; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council of the City of Port Orchard does hereby confirm the appointment of Tyler McKlosky, Position No. 3, to the Planning Commission for an expired term expiring December 31, 2025. THAT: The City Council of the City of Port Orchard does hereby confirm the appointment of Joseph Faulkner, Fire Protection Engineering Position, for an unexpired term expiring December 31, 2025. THAT: The City Council of the City of Port Orchard does hereby confirm the appointment of Robert Baglio, Alternat Position, for a vacant unexpired term expiring December 31, 2025. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 111" day of January 2022. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 165 of 178 Agenda Item No. City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Business Item 7E Agenda Staff Report Subject: Approval of a Letter of Agreement with Teamsters Local 589 Regarding Limited Term Assignment Non -Union Work Back to Agenda Meeting Date: January 11, 2022 Prepared by: Debbie Lund Atty Routing No. Atty Review Date HR Manager 366922-0008 — HR January 6, 2022 Summary: The Department of Community Development continues to see record setting permit and code enforcement activity. As a result, the department is at risk of falling behind in critical areas including the assignment of street names and addresses into the county -wide database for such things as emergency response. The City has a current part-time employee in the municipal court who is willing to work additional hours for a set period of time, and has the skills necessary to provide some assistance to Community Development. Since the current part-time employee is represented by the Teamsters Local 589, the City has negotiated a letter of agreement with the Teamsters related to having the current part-time employee perform this additional non -union work for a limited time. Note that this position is not an intermittent temporary employee, as the duration of the assignment will exceed the six-month time period of an intermittent temporary employee. This additional assignment would create a "full-time employee" as defined by Port Orchard Municipal Code Section 2.25.010 for the duration of the assignment. Recommendation: Staff recommends the City Council authorize the Mayor to sign a Letter of Agreement with Teamsters Local No. 589 representing Municipal Court Employees related to a limited term assignment providing a current 20 hour per week employee with an additional 20 hours per week. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to sign a Letter of Agreement with Teamsters Local Number 589 representing Municipal Court Employees relating to a limited term assignment for an additional 20 hours a week." Fiscal Impact: Expenses covered by projected revenues and will be provided for in 2021-2022 budget. Alternatives: Do not approve the LOA and provide alternative guidance. Attachments: The LOA under consideration tonight is not a public document until approved by Council and signed by the parties; it is, therefore, not attached. Page 166 of 178 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of December 14, 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, Police Chief Brown, Public Works Director Dorsey, Community Development Director Bond, HR Manager Lund, City Attorney Archer, and City Clerk Rinearson. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Voucher Nos. 83153 through 83204 and 83209 through 83277 including bank drafts in the amount of $2,337,254.65 and EFT's in the amount of $246,666.65 totaling $2,583,921.30. Page 167 of 178 Back to Agenda Minutes of December 14, 2021 Page 2 of 6 B. Approval of Payroll Check Nos. 83147 through 83152 and 83205 through 83208 including bank drafts and EFT's in the amount of $423,990.35 and Direct Deposits in the amount of $404,279.45 totaling $828,269.80. C. Adoption of an Ordinance Approving a Contract with the Washington State Transportation Improvement Board for the Expanded Bethel Road/Lincoln Avenue Roundabout Project (Ordinance No. 001-22 and Contract No. 008-22) D. Approval of Amendment No. 2 to Contract No. 036-20 with Krazan and Associates for On -Call Professional Materials Testing, Inspection and Geotechnical Services E. Approval of an Interlocal Agreement No. KC-562-21 with Kitsap County Public Works Regarding Traffic Signal Repair and Maintenance (Contract No. 092-21-B) F. Adoption of a Resolution Approving the Purchase of an Electric City Parks Vehicle for the Equipment Rental and Revolving Fund No. 500 (Resolution No. 078-21) G. Approval of the Purchase of Equipment for the Equipment Rental and Revolving Fund No. 500 H. Approval of a Contract with Washington State Parks and Recreation Commission Subrecipient Grant Agreement for a Federal Financial Assistant Grant (Contract No. 108-21) I. Approval of the November 16, 2021, Work Study Meeting Minutes J. Approval of the November 23, 2021, City Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the consent agenda as published. The motion carried. S. PRESENTATION There were no presentations. 6. PUBLIC HEARING A. Public Hearing on a Petition to Vacate City Right -of -Way, the Northeast Portion of Unopened Depot Street — Request to Strike City Clerk Rinearson explained on November 23rd, Council adopted Resolution No. 082-21, setting the date and time of a hearing for tonight on a petition to vacate a portion of the City's right-of-way, Depot Street. When preparing notices for the hearing, it was discovered due to a calculation error there was an insufficient amount of time for staff to prepare the noticing and posting to meet the requirements of the Port Orchard Municipal Code, which requires public notice of the hearing no less than 20 days in advance of the hearing. Later on tonight's agenda is a resolution re -setting the public hearing for January 11, 2022. Staff is asking the Council not to hold this public hearing this evening. Page 168 of 178 Back to Agenda Minutes of December 14, 2021 PaRe3of6 Mayor Putaansuu noted we will not be holding this public hearing this evening. 7. BUSINESS ITEMS A. Adoption of a Resolution Repealing Resolution No. 082-21, and Setting a January 11, 2022, for a Public Hearing on a Petition to Vacate City Right -of -Way, the Northeast Portion of Unopened Depot Street MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt a resolution repealing Resolution No. 082-21 and approving a resolution for setting a new Public Hearing for January 11, 2022, at 6:30 PM, on a petition from Stanley Smith and Alice Vasquez -Smith of ISB Holdings, LLC to vacate a portion of unopened right-of-way, Depot Street. The motion carried. (Resolution No. 083-21) B. Adoption of an Ordinance Adopting the 2021 Port Orchard Municipal Code Title 20 "Housekeeping" Amendments MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt an ordinance adopting the 2021 Title 20 POMC housekeeping amendments, as presented. The motion carried. (Ordinance No. 059-21) C. Adoption of an Ordinance Adopting the McCormick Village Subarea Plan and Overlay District Development Regulations MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to adopt an ordinance adopting the McCormick Village Subarea Plan as Appendix D to the City's Comprehensive Plan and adopting the development regulations to implement the subarea plan as presented. The motion carried. (Ordinance No. 060-21) D. Adoption of an Ordinance Relating to Benefits for Non -Represented Employees, Repealing Ordinance Nos. 010-19, 026-19, 045-19, and Amending Resolution No. 003-09 MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt an ordinance, establishing certain employee benefits for non- represented employees. The motion carried. (Ordinance No. 061-21) Page 169 of 178 Back to Agenda Minutes of December 14, 2021 Page 4 of 6 E. Adoption of an Ordinance Establishing a Personal Vehicle Allowance for the Mayor of $500 per Month MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt an ordinance establishing a $500 monthly personal vehicle allowance for the Mayor. The motion carried. (Ordinance No. 062-21) F. Adoption of an Ordinance Repealing Ordinance No. 632 and Amending Port Orchard Municipal Code Chapter 2.28 Relating to Employment Definitions and Describing Various Forms of Employee Leaves MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to adopt an ordinance which repeals Ordinance 632 and amends Chapter 2.28 of the Port Orchard Municipal Code related to employment definitions and describing various forms of employee leaves. The motion carried. (Ordinance No. 063-21) G. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 9.60 Park Rules MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to adopt an ordinance amending POMC 9.60 as presented. The motion carried. (Ordinance No. 035-21) H. Adoption of a Resolution Adopting the 2022 City Council Meeting Schedule MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt a resolution, adopting the 2022 City Council meeting schedule, as presented. Councilmember Cucciardi pointed out the resolution states Council will be meeting August 16, 2022, but it was his understanding they were to meet on August 9, 2022. Mayor Putaansuu responded Councilmember Cucciardi is correct, and the resolution will be updated. The motion carried. (Resolution No. 084-21) I. Adoption of a Resolution Adopting the 2022 Legislative Agenda MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson, to adopt a Resolution, thereby approving the 2022 Legislative Agenda, as presented. Page 170 of 178 Back to Agenda Minutes of December 14, 2021 Paee 5 of 6 The motion carried. (Resolution No. 085-21) J. Adoption of a Resolution Approving a Contract with Herrera Environmental Consultants, Inc. for the 2021 Stormwater and Watershed Comprehensive Plan -Phase 1 and Documenting Procurement Procedures MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt Resolution No. 005-22, thereby approving Contract No. 009-22 with Herrera Environmental Consultants, Inc. fort he 2021 Stormwater and Watersheds Comprehensive Plan — Phase 2 in the amount of $239,328. The motion carried. K. Adoption of a Resolution Approving an Interlocal Agreement with South Kitsap Fire and Rescue for Fire Prevention Services MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt a resolution, authorizing the Mayor to execute the Interlocal Agreement with South Kitsap Fire and Rescue for Fire Prevention Services. The motion carried. (Resolution No. 086-21 and Contract No. 019-22) 8. DISCUSSION ITEMS (No Action to be Taken) A. Continued: Veterans Park Mayor Putaansuu spoke to the letter sent to Kitsap County regarding enforcement, population discrepancies of how many people are living in the park, and public health and safety concerns. Additional discussion was held regarding appreciation for this being a continual discussion item, Northwest Hospitality, and letter to, and from Kitsap County. Council Direction: No direction was given to staff. 14!:f9I0]:4&TO9d0111L1141L41d0]►TiI►Ti1119l"i Councilmember Clauson reported on the December 14tn Utilities Committee meeting. Councilmember Ashby reported on the December 7tn Transportation Committee meeting and on the Kitsap Regional Coordinating Council and Peninsula Regional Transportation Planning Organization meetings. Councilmember Lucarelli briefly reported on the December 4tn Festival of Chimes and Lights event. The Sewer Advisory Committee is scheduled to meet February 16tn Page 171 of 178 Back to Agenda Minutes of December 14, 2021 Page 6 of 6 10. REPORT OF MAYOR The Mayor reported on the following: • Council chambers audio equipment and hybrid meetings. • In accordance with Resolution 007-11 Establishing a Process for Future Amendments to the City's Personnel Policies and Procedures, and Ordinance 008-20 Delegating Authority to the Mayor for Creating and Modification of Job Descriptions, he reported on job openings and descriptions, updates to worker's compensation policy, changes to health and welfare benefits, sick and bereavement leave policy modifications, no smoking policy, leave accrual, and use of vacation and increase in carryover, modified changes in the use of he/she and they/their. • Will not be able to attend the second business meeting in January. • AWC June conference. 11. REPORT OF DEPARTMENT HEADS Community Development Director Bond reported on a CFC agreement in which the developer does not want to commit to building infrastructure without also having an agreement to extend their entitlements approved at the same time. A development agreement is currently being worked on. Police Chief Brown reported on an upcoming meeting with the Strategic Advisory Board. 12. CITIZEN COMMENTS There were no citizen comments. 13. GOOD OF THE ORDER Councilmember Clauson spoke to a meeting he had with Representative Simmons. Councilmember Diener would like the Council to consider having the Council Retreat earlier in the year. 14. EXECUTIVE SESSION There was no executive session. 15. ADJOURNMENT The meeting adjourned at 7:48 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 172 of 178 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of December 21, 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, Police Chief Brown, Community Development Director Bond, HR Manager Lund, City Attorney Archer, City Clerk Rinearson and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA Due to computer issues, Councilmember Ashby left the meeting. MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to add business item 8H regarding the water CFC's and an erroneous calculation of a CPI that was applied. The motion carried. MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to approve the agenda as amended. The motion carried. Page 173 of 178 Back to Agenda Minutes of December 21, 2021 PaRe2of6 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Voucher Nos. 83278 through 83309 including bank drafts in the amount of $168,606.78 and EFT's in the amount of $37,491.36 totaling $206,098.14. B. Approval of Payroll Check Nos. 0 through 0 including bank drafts and EFT's in the amount of $0 and Direct Deposits in the amount of $0 totaling $0. C. Approval of the December 7, 2021, Special City Council Meeting Minutes MOTION: By Councilmember Diener, seconded by Councilmember Lucarelli, to approve the consent agenda. The motion carried. There were no presentations. There were no public hearings. 7. COLLECTIVE BARGAINING No collective bargaining session was held. 8. BUSINESS ITEMS A. Approval of Collective Bargaining Agreement with the Teamsters Representing Public Works Employees for 2022-2025 MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to authorize the Mayor to sign the 2022-2025 contract between the City of Port Orchard and Teamsters Local 589 representing the Public Works Employees. The motion carried. (Contract No. 021-22) B. Approval of Collective Bargaining Agreement with the Teamsters Representing Municipal Court Employees for 2022-2025 Page 174 of 178 Back to Agenda Minutes of December 21, 2021 PaRe3of6 MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to authorize the Mayor to sign the 2022-2025 contract between the City of Port Orchard and Teamsters Local 589 representing the Municipal Court Employees. The motion carried. (Contract No. 022-22) C. Approval of Collective Bargaining Agreement with the Teamsters Representing Police Support Staff for 2022-2025 MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to authorize the Mayor to sign the 2022-2025 contract between the City of Port Orchard and Teamsters Local 589 representing the Police Support Staff. The motion carried. (Contract No. 023-22) D. Adoption of an Ordinance Amending the 2021-2022 Biennial Budget Salary Table MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt an ordinance, amending Exhibit A to Ordinance No. 035-20 and amended by Ordinance No.015-21, Ordinance No. 032-21, Ordinance No. 050-21, Ordinance No. 056-21, the 2021— 2022 Biennial Budgets for the City of Port Orchard. The motion carried. (Ordinance No. 065-21) E. Adoption of an Ordinance Repealing Port Orchard Municipal Code Chapter 20.204 and Amending Chapters 20.200, 15.28, and 5.60 Concerning 2018 Building Code and Fire Codes MOTION: By Councilmember Diener, seconded by Councilmember Chang, to adopt an ordinance repealing POMC 20.204 and amending POMC Chapters 20.200, 15.28 and 5.60 to remedy inconsistencies in the Port Orchard Municipal Code related to the execution of the City of Port Orchard and South Kitsap Fire and Rescue Interlocal Agreement and their respective roles and responsibilities. The motion carried. (Ordinance No. 066-21) F. Adoption of an Ordinance Adopting the 2021 Amendments to the City Comprehensive Plan Page 175 of 178 Back to Agenda Minutes of December 21, 2021 Page 4 of 6 MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt an Ordinance adopting the 2021 amendments to the City's Comprehensive Plan, as presented. The motion carried. (Ordinance No. 067-21) G. Adoption of a Resolution Approving Mayoral Appointment for Boards, Committee, Commissions MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt a resolution, confirming the Mayor's appointments to the Boards, Committees, and Commissions, as set forth in the resolution presented. The motion carried. (Resolution No. 087-21) H. NEW ITEM: Adoption of an Ordinance Amending POMC 13.04.025 to Remove Consumer Price Index Adjustments MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to adopt an ordinance amending Ordinance No. 058-21 and Port Orchard Municipal Code Section 13.04.025. The motion carried. (Ordinance No. 064-21) 9. DISCUSSION ITEMS (No Action to be Taken) A. Continued: Veterans Park Mayor Putaansuu said he forwarded an email regarding the timeline letter from Kitsap County. City Attorney Archer and Code Enforcement Office Quesada will be reviewing the documents. He visited the site on Friday with staff and County Commissioners, Additional discussion was held regarding the County's actions to clean up the park, population of the homeless in the park, shelters for the homeless and code enforcement action. Council Direction: No direction was given to staff. B. Recognition of Councilmember Bek Ashby Mayor Putaansuu, Councilmembers and staff spoke to Councilmember Ashby's service to the City, numerous boards and commissions she has served on, and dedication to the City and the area as a whole. Page 176 of 178 Back to Agenda Minutes of December 21, 2021 Page 5 of 6 Council Direction: No direction to staff. 10. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Utilities Committee is scheduled to meet January 11t". The Transportation Committee is scheduled to meet January 25tn Councilmember Clauson reported on the December 2151 Finance Committee meeting. Councilmember Lucarelli briefly reported on the tree decorating contest and holiday lights. The next meeting of the Festival of Chimes and Lights is tentatively scheduled for January 101n 11. REPORT OF MAYOR The Mayor reported on the following: • YouTube viewer statistics; and • In accordance with 007-11 'Establishing a Process for Future Amendments to the City's Personnel Policies and Procedures', he spoke to cell phone policy updates and updates to use of City vehicles. 12. REPORT OF DEPARTMENT HEADS There were no reports of the department heads. 13. CITIZEN COMMENTS There were no citizen comments. 14. GOOD OF THE ORDER Councilmember Lucarelli thanked the public works staff for their hard work on decorating downtown. In response to Councilmember Diener, Mayor Putaansuu noted the discussion regarding the Council Retreat is on January's work study agenda. Councilmember Clauson spoke about the Gorst Coalition. Mayor Putaansuu said there is a gathering for Councilmember Ashby next Wednesday at the Bay Street Bistro. 15. EXECUTIVE SESSION Page 177 of 178 Back to Agenda Minutes of December 21, 2021 Page 6 of 6 There was no executive session. 16. ADJOURNMENT The meeting adjourned at 7:35 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 178 of 178