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035-18 - Winward McCormick, LLC - ContractVAN NESS FELDMAN 201806160074 Agreement Rec Fee: $165.00 05/16/2018 11:25:25 AM Page 1 of 42 Dolores Gilmore, Kitsap County Auditor AFTER RECORDING MAIL TO: Brent Carson Van Ness Feldman LLP 719 Second Avenue, Suite 1150 Seattle, WA 98104 Document title(s): LIFT STATIONS It & #2 UPGRADE AGREEMENT Auditor's File Number of Document(s) Referenced: City of Port Orchard Windward McCormick LLC City of Port Orchard Windward McCormick LLC Abbreviated Legal Description: NW1/4 OF SW1/4 AND SEll,Q` SE1/4 OF SECTION 5; NE1 , SWl/4 AND SE1/4 OF SECTla NWIA, AND NW1/4 OF S 1 EAST; TRACT C, SEC D PAGES 189-196 n TION 4; NE1/4, SWI/4 AND SETA OF AND SE1/4 OF SECTION 8; NE1/4, NW1/4, D S W 1 /4 OF NE 1 /4 OF SECTION 16; AND d 17; ALL IN TOWNSHIP 23 NORTH, RANGE PLAT OF MCCORMICK WOODS, VOL. 26, 303-2000; 052301-4-017-2006 052301-4-018-2005; 052301-4- 09; 82301-1-010-2006; 082301-1-013-2003; 082301-1-014-2002; 082 --003-2003; 092301-1-005-2002; 092301-1-006-2001; 092301- \03-2002; 092301-4-002-2009; 092301-4-004-2007; 092301-4-005- ; 162301-1-020-2004; 162301-1-021-2003; 172301-2-002-2003; 172301-2-004-2001; 172301-2-005-2000; 172301-2-006-2009; 172301- 3-004-2009; 6031-000-131-0002 description is on Exhibit A of document. am requesting an emergency nonstandard recording for an additional I in RCW 36.18.010. 1 understand that the recording processing or Qawj3yiso,obscure some part of the text of the original document. 201805160074 05/16/2018 11:25:25 AM Page 2 of 42 CITY OF PORT ORCHARD MCCORMICK WOODS LIFT STATIONS #1 & #2 UPGRADE AGREEMENT RE: Agreement for the terms of the McCormick Woods lift stations #1 & #2 to expand sewer service capacity in order to meet the full buildout of th McCormick Woods area, and to provide reliable service to the existing customers. Z_-- THIS AGREEMENT ("Agreement") is made and entered into this 111Apr 2018, by and between the City of Port Orchard, a Washington mu pal co ratio , y its City Council and Mayor, hereinafter the "City," and Windward c o I is LC, a Washington limited liability company ("McCormick") on behal a Current Owners (as defined below). PURPOSE: WHEREAS, McCormick is the managin ember of o e limited liability companies that are the current owners and dev o ers (the " rrent Owners") of the remaining undeveloped portions of that certain p in the City of Port Orchard hereinafter referred to as the "McCo Property.' cCormick Property is legally described in Exhibit A. Exhibit A also i i'fies the three developments that comprise the McCormick Property (McCormick o6 cCormick North and McCormick West), the Planning Areas that comprise the im developed portions of McCormick Woods, and the Current Owners. o is roperty is shown on the City's sewer basin map, dated April 2017fttac e h r t s ibit B; and WHEREAS, the predece in ' � st to the Current Owners obtained certain letters from the City relati o ice for the McCormick Property as it was approved for deveh en , ated F 3, 2003; August 26, 2005; and May 8, 2009, all of which are aged a eto as ibit C. McCormick and the City disagree as to the nature and imp f se wever the Parties have been working closely to address the iss a a' ui and timely provision of sewer service for the McCormick p Thi eement is intended to resolve these issues and hereby supersedes an 1 e es etters; and is serve Station Mc-ormick Property lies within a sewer basin served by 0i #1 & McCormick Lift Station #2. All of the McCormick Property on #i. The portions of the McCormick Property also served by Lift :nick West, McCormick North and McCormick Woods Planning hereinafter referred to as the "McCormick LS2 Areas"). All of the is governed by the Exhibit B sewer basin map; and , McCormick Lift Stations #1 & #2 are not sized to handle the increase rated by the new McCormick development which is planned for the rty; and 201805160074 05/16/2018 11:25:25 AM Page 3 of 42 WHEREAS, the City of Port Orchard adopted its Sewer Comprehensive Plan in June of 2016, which identified the need to rehabilitate Lift Station #1 and Lift Station #2; and WHEREAS, the planned development of the McCormick Property nece states an increase of existing sewer capacity; and �_ WHEREAS, the City's portion and McCormick's portion, as McCormick Woods Wastewater Analysis, dated March 15, 2018, ai in cost and firm capacity to be used, for each of the new lift station WHEREAS, rather than enter into an agreement for s e s or each of the new lift stations, McCormick, in accordance with RCW 91.02 as r ested that the City enter into an agreement for McCormick to d re Lift Station #1, at its sole expense, to serve McCormick's planned d op ent o e City to agree to expand and replace, at its sole expense, Lift Sta 'o #2, in o to clearly identify each party's financial and equitable contributions; an WHEREAS, the expanded capacity for Lift 'fin 1 ' not expected to serve any new development other than the devel ent planned or the McCormick Property; NOW, THEREFORE, The City and McCormick entf responsibilities of the parties 4�r the McCormick Woods Lift Station the McCormick Property; and (hereinafter "LS2"). Both p cc the purposes set forthhere' d as` A. 's Feement to document the rights and ti , delivery and operation of: (a) the new "LS1") to serve the new development on Cormick Woods Lift Station #2 Agreement as equitable consideration for ,nt with State and Local law. 1. IntefimUp&W MC6rmick will be responsible for installing a temporary portable n d ba Up pump system to the standards outlined in the design memo b nsu tants (acting at the direction of the City), dated March 19, lox i nterim Upgrades Memo"), attached hereto as Exhibit D (he a nafte terim Upgrades"). McCormick will submit to the City a plan for the erim grades (the "Interim Upgrade Plan") that satisfies the City's u and specifications no later than April 16, 2018. The City will a e e Interim Upgrade Plan upon receipt of a complete set of plans, det awings and specifications, and barring significant design or application ficiencies, within ten (10) business days of its submittal to the City. The .m Upgrades shall be installed, tested, and fully functional no later than June 1, 2018 (or 3o days after approval by the city, whichever comes later). McCormick is solely responsible for keeping this temporary system in place and running until the LS1 replacement lift station is online and functional, at which 2 201805160074 05/16/2018 11:25:25 AM Page 4 of 42 time McCormick shall remove the Interim Upgrades. These Interim Upgrades are intended to pump the existing sewer effluent and the additional effluent from 226 lots within McCormick Woods Planning Areas D and E developments only. Any permits issued by the City outside of the McCormick Property shall not count against the 226 reserved for the McCormick plats. The City will not issue building permits for any other sewer service applicants within the McCSeliciti ck lats that contribute effluent to LS1 until the Substantial Completion of S1 Replacement. McCormick agrees to this condition and hereby aives any and all rights it may have to challenge the denial of any pe nied on this basis. McCormick has retained as its contractor R.V. Associates (RV) pl�ent the Interim Upgrade. RV will obtain from the supplier of a pump system a service commitment that confirms the �te a s perform as specified in the Interim Upgrades Memo and ide' s the as eficiary of the service commitment. to addition, in the event failur f the terim Upgrade that results in the City needling t up uent, McCormick agrees to: (a) reimburse the City for any d all exp es sociated with such clean up; (b) reimburse the City for any d all fines a 'ed by the Department of Ecology or the Kitsap Health Departmen ;and (c) in e ' and hold the City harmless from any and all liability resul ' e ame. 2. LSx. Replacement — McCormick s to design, permit and construct at its sole expense a replacement to LSl (the eplacement"), that complies with the standards and capacity as set n it E, dated May 7, 2017 (hereinafter "Design Memo"). The partie a th LS1 Replacement, built to the specifications in the 17!�ign adequate to serve the proposed development of the M``c�C 'ck o . The City shall grant access to the existing lift station and u i - -way (ROW) to perform this work pursuant to a ROW use pe Ci all issue the ROW use permit once a complete application has bee • ubmi d approved. The City shall promptly review such sub ' , an ll ap r ve the ROW use permit application within ten (1o) busi e s 'thin the ROW shall fully satisfy the requirements in Po al Code Section 12.o4 and the City's ROW use permit proce s I dan 'th RCW 35.91.020, the LS1 Replacement shall be cons a acc to plans and specification approved by the City. The parties a at requirements of Chapter 35.91 RCW relating to rea costs do not apply to this Agreement, as the LSl Replacement b is the cCormick Property, and the parties have reached an equitable a ment a arding the sharing of costs. The following timeline shall govern c . ' LSi Replacement work: 95% design submittal to the City by June 1, 2o18; City comments on 95 % design submitted to McCormick within fifteen (15) business days, or by a later date as approved in writing by McCormick; 3 201805160074 05/16/2018 11:25:25 AM Page 5 of 42 c. 100% design (including estimated construction costs) submittal to the City by July 16th, 2018; d. City approval and written authorization to McCormick to begin site work by July 23rd, 2018, and to begin construction work upon the City's approval of the LS1 design as promptly as practicable thereafter; e. Substantial Completion of LS1 Replacement by January 4th 2019 ("Substantial Completion" or "Substantially Completed" m functional at full design capacity, including backup requiurem s and site security, including but not limited to appropriate n ' d f. City punch list of items for repair or correction to Mrnu February 15, 2019. ��\ \ The LS1 Replacement construction work shall be secured b erfo ce Bond at 150% of the estimated construction costs. Constru ' n e pected by the City. McCormick shall request verification of Su anh o on by the City via a formal written request. McCormick will p eed a ditio y with correcting all items identified in the City's Oichlist. Cormick's satisfactory completion of the punch list ' s, the C' rovide written approval of the LS1 Replacement and, five (5) iness days thereafter McCormick shall transfer the improvem to the Ci y executing a bill of sale, at no cost to the City. The City's final app v f all be conditioned upon receipt from McCormick of thre 3) copies o - ' ts, a copy of the DWG files for the project, and a two (2) ye tenance Bond at 20% of the construction costs, which shall be effective upon s release of the Performance Bond. Upon acceptance of the bill of s e shall release the Performance Bond and shall accept full responsi i ' e 1 Replacement, except for those maintenance obligatic 7 of C s cured by the two-year Maintenance Bond. X�' 3. LS2 Replacement — ty rt Orchard agrees to design, permit and construct at its sole e ense a placement for L82 (the "LS2 Replacement"). The parties a th a LS acement shall be designed and constructed with ade a c3 a full build -out of the McCormick Property. The City a e s ction of LS2 Replacement by May 1, 20i9 and that the LS2 =a me Substantially Completed by January 2, 2020. Becaus 'ty'slpa%tion and McCormick's portion of the the LS1 Replacement and 2 Replacement, as determined by the McCormick Woods Wastewater is, a d arch 15, 2018, are generally equal both in cost and firm capacity to b used, d because the parties have agreed, instead of sharing the costs of ea st ' n replacement, for McCormick to construct, at its sole cost, the n grade and the LS1 Replacement, and for the City to construct, at its so t, the LS2 Replacement, the City agrees that it shall not seek any reim sement from the McCormick Property for the costs of the LS2 Replacement. The City further agrees that it shall not increase the Capital Va6ilities Charge (CFC) for sewer applicable to the McCormick Property to pay for the LS2 Replacement. 4 201805160074 05/16/2018 11:25:25 AM Page 6 of 42 . ERU Limitations Understandings and Waiver of Claims B. 1. a. The Parties agree that, by McCormick installing the Interim Upgrade to LS1, there are 226 additional sewer equivalent residential units (ERU) available until Substantial Completion of LS1 Replacement and these 226 ERUs shall be limited to use by Parcel D and Parcel E of McCo 'ck Woods. These 226 ERUs include the 75 ERUs that were refere d in the ERU memo, dated May 24, 2017, provided by the City to McCo attached hereto as Exhibit F; b. The Parties agree that, until the City completes the there are 148 additional sewer ERUs available at L McCormick LS2 Areas. These 148 ERUs are indef unrelated to the 226 ERUs related to LS1 iden ' ec be limited to use by development within the �Coi C. The Parties agree that, by McCormi ] the City installing the LS2 Replete nt, sufi available to serve the full build-�o f all the Of 4.a and shall Zeplacement and ERUs will be Property. d. McCormick understands the numbe ofFRJ15ailable to serve the McCormick Property un ' e LSi Replacement and the LS2 Replacement are Substantially Complet a as set forth in Section 4.a. and 4.b. above. McCormick waives any claim st the City for the City's inability to serve the McCormick Pr a ewer connections beyond these numbers of ERUs; pro ' e su waiver shall not apply in the event the City fails to�bst C ete the LS2 Replacement by January 2, 2020. e. The basis for 'e ' eement regarding the equitable division of labor for the rk co y this Agreement is memorialized in the BHC Tee Me rand , dated March 14, 2018 and the Port Orchard Te icdated March 15, 2018, attached hereto as esvectively. Ot end. This Agreement replaces and renders void the agreement be en Mc rmick and the City known as Contract No. 071-17, dated November 8, o ing in this Agreement voids or invalidates any other agreements ;ee City and McCormick unless expressly stated in this Agreement, or in andment to this Agreement executed by both parties. This Agreement elates o the provision of sewer services only, and does not address any issues cerning the availability of any other utility to serve the McCormick Property o he responsibilities for installation of or payment for any other utility infrastructure. 201805160074 05/16/2018 11:25:25 AM Page 7 of 42 2. Indemnification I Hold Harmless. McCormick shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreemektis subject to RCW 4.24.115, then, in the event of liability for damages arismi out o dily injury to persons or damages to property caused by or resulting concurrent negligence of McCormick and the City, its officers, 'als, employees, and volunteers, McCormick's liability hereunder y to extent of McCormick's negligence. It is further specifically and expressly understood tha eon provided herein constitutes McCormick's waiver of ' uni de ustrial Insurance, Title 51 RCW, solely for the purpos of inde on. This . waiver has been mutually negotiated by ons of this section shall survive the expiration or terminati f this men. 3. Insurance. McCormick or its contractors procure d maintain for the duration of the Agreement, insurance aganWI r injuries to persons or damage to property which may ' e from or i-n-confiection with the performance of the work hereunder by McCo 'c their agents, representatives, employees or subcontractors as outlined on Exhib ached hereto and incorporated herein by this reference as if set forth 4. Relationshi of the Parties. 's a nt does not establish McCormick as the agent or legal represen o Ci for any purpose whatsoever. 5. Assignment. McCo a the right to assign this Agreement upon written approval by e City, approval shall not be unreasonably withheld. McCormic 've City least thirty (3o) days' prior written notice of any intent to e c a t. 6. Notic . ti s rrespondence to be sent pursuant to this Agreement shall be a to 'es at the following addresses: City: sti City Clerk 1 Cormick LLC City of Port Orchard d Ave., Suite 200 2:L6 Prospect Street WA 98033 Port Orchard, WA 98366 h party is responsible for providing the other with a valid mailing address ughout the duration of this Agreement, and shall have the right upon prior written notice to the other party to change its address. 2 201805160074 05/16/2018 11:25:25 AM Page 8 of 42 7. Termination. This Agreement shall remain in force and effect from date on which it is executed by the Parties, until the LS2 Replacement has been completed , or until this Agreement is terminated in a writing signed by�oth the City and McCormick, whichever occurs first. �� S. Binding Nature. This Agreement is binding upon the heirs, exectnt administrators, successors and assigns of the Parties. This Agr s be modified, terminated, or amended except in a writing signed arties. is Agreement shall be filed and recorded with the Kitsap Cou udito s req ' d by RCW 35.91.O20(1)(a) at the expense of McCormick. 9. No Waiver or Third PaM BeneficigU. No waiver of or letejJe#ormance by either Party shall be construed or operate as a wa v r of an they default, breach, or failure to perform any of the to , co en or d'tions of this Agreement. This Agreement is made and ered into 0 Ole protection and benefit of McCormick and the City, and it success and assigns. No other person shall have any right of action bas d upon any 'sion of this Agreement. lo. Exhibits. All exhibits referred to in this Agr e by this reference made a part of this Agreement as thouget forth in full. 11. Further Action. The Parties agree to't9operate and to execute all further documents, applications and trhTots required to carry out the purposes of this Agreement, cl ut of limited to compliance with applicable SEPA and er a 'r a and land use development rules and regulations relating t� cQns ti of the LS1 Replacement. 12. Severability. The rce , invalidity, illegality or termination of any provision of this r ement alFnot render any other provision of this Agreemen Oenfo ble, i id or illegal, and shall not terminate this Agree m or i it s or obligations of the Parties. Notwithstanding any of i ti this Agreement, the City reserves the authority to impose reas 1 r di a nt requirements under this Agreement, to the extent requi a strated serious threat to public health or safety. 13. Applicable nd Venue. This Agreement shall be governed by and construed i a a e the laws of the State of Washington. Any action with respect t is Agr a ent shall be brought in Kitsap county Superior Court. ork. Time is of the essence in completing the Interim Upgrades, the Rep acement and the LS2 Replacement. Counterparts. This Agreement may be executed in any number of counterparts a-,d by different parties hereto in separate counterparts, each of which when so e'� ecuted shall be deemed to be an original, and all of which taken together shall constitute one and the same Agreement. 7 201805160074 05/16/2018 11:25:25 AM Page 9 of 42 IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. 201805160074 05/16/2018 11:25:25 AM Page 10 of 42 STATE OF WASHINGTON } . ss. COUNTY OFF } t I certify that I know or have satisfactory evidence that Robert Putaansuu is th who appeared before me, and he acknowledged that he signed this instrument, on oath he was authorized to execute the instrument and acknowledged it as the Mayor Port Orchard, a municipal corporation, to be the free and voluntary act of su unici corporation for the uses and purposes mentioned in the instrument. Dated this jj_ day of �� , 2018. M MICRELLE WHISENANT Notary Public State of Washington My Commission Expires July 23, 2018 STATE OF WASHINGTON ) ss COUNTY OF - G [Signature 11 Name that oiea Publi ' and for the State of Wa n o es ,, iding at }�j'ic4p My commission expires: 1 k 7/ I certify that I know or e ti C evidence that James Tosti is the person who appeared before me, and he c led at he signed this instrument, on oath stated that he was authorized to a cute a ins and acknowledged it as the Manager of Windward McCormick LLC ed a 'lity c pany, to be the free and voluntary act of such limited liability compan orj< i u s u oses mentioned in the instrument. [Signature of Notary] Public r of Washington .W D• MARSHALL [Print Name of Notary] BUSSION EXPIRES 03-0�2021 Notary Public in and for the State Washington, residing at V-1Jlc.Iof My commission expires: 0 201805160074 05/16/2018 11:25:25 AM Page 11 of 42 EXHIBIT A Legal Descriptions for and Current Owners of.the McCormick Property McCormick Woods Remaining Development Areas Planning Area A: Amherst Holdings LLC Legal Description: RESULTANT PARCEL A OF CITY OF PORT ORCHARD BOUNDARY BEING A SURVEY RECORDED UNDER AUDITOR'S FILE N0�015 SURVEYS, PAGES 199 - 201, INCLUSIVE, RECORDS OF I - PORTION OF THE SOUTHWEST QUARTER OF THE S 1 QUARTER OF THE SOUTHWEST QUARTER OF SECTI AND A PORTION OF THE NORTHEAST QUARTER OF T NORTHWEST QUARTER OF THE NORTHWARTER RANGE 1 EAST, W.M., IN KITSAP COUNTY, INGTO Parcel No. 042301-3-010-2006 Planning Area B: L-1078, 81 OF Mt,Aht?"INGTON, BEING A A TER AND THE SOUTHEAST IP 23 NORTH, RANGE 1 EAST, QUARTER AND THE N 9, TOWNSHIP 23 NORTH, TRACT C (FUTriJ E E OP I�� MCCORMICK WOODS SECOND AMENDMENT ACCORDING TO THE PLAT OF RD IN VOLUME 26 OF PLATS, PAGES 189 THROUGH 196, INCLUSIVE; BE AME ENT OF VOLUME 25 OF PLATS, PAGES 34 THROUGH 41, INCLUSIVE L 5 OF PLATS, PAGES 54 THROUGH 61, INCLUSIVE; ALL RECORDS OF KITSAP C NTY, HI GTON; SITUATE IN KITSAP COUNTY, WASHINGTON. 201805160074 05/16/2018 11:25:25 AM Page 12 of 42 Planning Area C: Owner: Cal -Security holdings LLC Legal Description: RESULTANT PARCEL 2 OF DECLARATION OF SEGREGATION RECORDED UNDER NO.201602190050, AND AS DEPICTED ON SURVEY RECORDED UNDER AUDITOR'S FILE 201602190049, IN VOLUME 82 OF SURVEYS, PAGES 25 AND 26, RECORDS OF KIT AA" WASHINGTON, BEING A PORTION OF THE NORTHWEST QUARTER OF THE NQKrHEAST QUARTER AND THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER SE TOWNSHIP 23 NORTH, RANGE 1 EAST, AND A PORTION OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 23 NORTH, RANG W COUNTY, WASHINGTON. )R'S FiLE NO. FILE 9, < OF TH KITSAP 3ED AS FOLLOWS: THAT TER OF SECTION 9, NGTON, DESCRIBED AS JEST QUARTER OF THE 1 EAST, SAID POINT ALSO 4ICK WOODS DIVISION 10, 201805160074 05/16/2018 11:25:25 AM Page 13 of 42 ACCORDING TO PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID ANGLE POINT BEING ON TRACT "C" OF SAID PLAT; THENCE N 28*49'59" E, ALONG THE SOUTHEAST LINE OF TRACTS "C", "M" AND "E" OF SAID PLAT, Parcel No Planning ► Owner: Legal Des PARCEL 7 20061225 PORTION QUARTER WASHING SOUTHW RANGE 1 MCCORN PAGES 12 ANGLE P( SOUTHEP Parcel Nc Planning Owner: Legal De! PARCEL 6 �O� 20 ACkb LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. nk,,*6RDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT F� E WEST HALF OF THE SOUTHEAST QUARTER, AND THE SOUTHWEST QUARTER 04EAST QUARTER, AND THE EAST HALF OF THE SOUTHWEST QUARTER, ALL IN TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON, AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHWEST A-3 201805160074 05/16/2018 11:25:25 AM Page 14 of 42 QUARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, SAID POINT ALSO BEING AN ANGLE POINT IN THE BOUNDARY OF THE PLAT OF MCCORMICK WOODS DIVISION 10, ACCORDING TO PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 120 THROUGH 131, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON, SAID ANGLE POINT BEING ON TRACT "C" OF SAID PL Parcel No. 092301-4-004-2007 Planning Area J & K: Jupiter Investors LLC Legal Description: RESULTANT LOT B OF BOUNDARY LINE ADJUSTME� DITOR'S FILE NO. 200811100041, RECORDS OF KITSAP COUNTY, WAS I GTON, DE C IBED AS FOLLOWS: LOT B OF BOUNDARY LINE ADJUSTMENT RECORDED UND !!RECORDINq NO.200711060175, RECORDS OF KITSAP COUNTY, WASHINGTON; TOGETH AT PORTION OF TRACT E, PLAT OF MCCORMICK WOODS DIVISION 1 CORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 29 OF PLATS, PAGES 120-131 INCLU ESCRlBED AS FOLLOWS: BEGINNING AT THE MOST EASTERLY CORNER OF SAID TRACT, C ALSO BEING AN ANGLE POINT IN SAID LOT B; THENCE SOUTH 28*49'59" WEST, LO S UTHEASTERLY LINE OF SAID TRACT, A DISTANCE OF 225.55 FEET TO A,�OINT AR A CURVE, THE CENTER OF WHICH BEARS NORTH 3*21'25" EAST; THENCE W T LY, THE SOUTHWESTERLY LINE OF SAID TRACT AN Parcel No. 092301-1 Planning Area 0U_HCk LAND SEGREGATION RECORDED UNDER AUDITOR'S FILE NO. RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE �HE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 9, NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. 201805160074 05/16/2018 11:25:25 AM Page 15 of 42 Parcel No.: 092301-4-005-2006 Planning Area M: Owner: Mount Orchard Investments LLC Legal Description: PARCEL 4 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR' 200612270418, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRI AS FO WS: SOUTH HALF OF THE SOUTHEAST QUARTER OF SECTION 9 AND THE NO 00 F OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTIli 213 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON LYING S U HERLY TH UTH RIGHT- OF-WAY LINE OF MCCORMICK WOODS DRIVE SW AS T P UNTY BY DEED RECORDED UNDER KITSAP COUNTY RECORDING N ER 2006 9 . EXCEPT THAT PORTION LYING WITHIN THE PLAT OF MCCORMICK OODS DIVI I N 10, ACCORDING TO THE PLAT RECORDED IN VOLUME 29 OF PLATS, PAGES 1 ROUG 1 INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. Parcel No.: 092301-4-002-2009 Planning Area M: 0 Owner: Mount Orch Legal Description: 0 PARCEL 3 OF 20 Af7OFP GK(ION RECORDED UNDER AUDITOR'S FILE NO. 20061227041 , E COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF RTARTER OF THE NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 ST, W.M., KITSAP COUNTY, WASHINGTON LYING SOUTHEAS T T OF MCCORMICK WOODS DIVISION 10, ACCORDING TO THE PLAT RECORDE N VOL E 29 OF PLATS, PAGES 120 THROUGH 131, INCLUSIVE RECORDS OF KITSAP CO HINGTON. EXCEPT THE NORTH 2O0.00 FEET THEREOF. No- 1,I 301-1-021-2003 A-5 201805160074 05/16/2018 11:25:25 AM Page 16 of 42 Planning Area M: Owner: Mount Orchard Investments LLC Legal Description: PARCEL 2 OF 20 ACRE LAND SEGREGATION RECORDED UNDER AUDITOR'S FILFOLLO . 200612270418, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED A . THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER 6, TOWNSHIP 23 NORTH, RANGE 1 EAST, Parcel No.: 162301-1-020-2004 Planning Area M: W.M., KITSAP COUNTY, WASHING Owner: Mount Orchard Investments LLC Legal Description: PARCEL 10F 20 ACRE LAND SEGREGATIO EKIUNTY, NDER-AUDITOR'S FILE NO. 200612270418, RECORDS OF KITSAP COUNTON, DESCRIBED AS FOLLOWS: THE SOUTH HALF OF THE SOUTHWEST QUART RTHEAST QUARTER OF SECTION 16, TOWNSHIP 23 NORTH, RANGE 1 EAST, , WASHINGTON. Parcel No.: 162301-1-019-2007N 0 201805160074 05/16/2018 11:25:25 AM Page 17 of 42 McCormick North McCormick North Development Areas 5, 5, 5, S, 201805160074 05/16/2018 11:25:25 AM Page 18 of 42 Parcel No. 052301-4-020-2001 Owner: Northcamp Property Investments LLC Legal Description: RESULTANT PARCEL B OF BOUNDARY LINE ADJUSTMENT SURVEY RECORDED UP FILE NO.201610250060, IN VOLUME 83 OF SURVEYS, PAGES 76 - 78, INCL KITSAP COUNTY, WASHINGTON, BEING A PORTION OF THE NORTHEAST AR SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 23 NORTH, RANGE 1 W. COUNTY, WASHINGTON. ITOR'S THE KIT! CORDED UNDER AUDITOR'S , INCLUSIVE, RECORDS OF 4ST QUARTER OF THE 1 EAST, W.M., IN KITSAP ;CORDED UNDER AUDITOR'S , INCLUSIVE, RECORDS OF 4ST QUARTER OF THE 1 EAST, W.M., IN KITSAP 201805160074 05/16/2018 11:25:25 AM Page 19 of 42 McCormick West McCormick West Development Areas 3, ET d IAT u E AT 201805160074 05/16/2018 11:25:25 AM Page 20 of 42 Parcel No. 082301-2-003-2003 Owner: West X SW Investment holdings LLC Legal Description: PARCEL 2 OF LAND SEGREGATION REQUEST RECORDED UNDER AUDITOR'S FILE NO. 08' RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THE NORTH OF WEST 894 FEET OF THE EAST 1340 FEET OF THE NORTHWEST QUARTER OF , TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHIN , XCE PORTION LYING NORTHERLY OF THE SOUTHERLY RIGHT-OF-WAY MARG F OL IFTO ROAD. 082301-2-002-2004 00 West X SW Investment holdings LLC Legal Description: PARCEL 1 OF LAND SEGREGATION REQUEST RECORDS OF KITSAP COUNTY, WASHINGTON, OF THE NORTHWEST QUARTER OF SECT' KITSAP COUNTY, WASHINGTON; EXCEP HEf PORTION LYING NORTHWESTE�AND f t AS CONVEYED BY AUDITOR'S F . 9" WASHINGTON. r28, FEET T RDED UNDER AUDITOR'S FILE NO.3208728, C�iIBED AS FOLLOWS: THE NORTH 1005 FEET f" IP 23 NORTH, RANGE 1 EAST, W.M., IN 40 FEET THEREOF; ALSO EXCEPT THAT L OF THE SOUTHERLY RIGHT-OF-WAY AT PORTION OF THE WEST 60 FEET THEREOF 5, RECORDS OF KITSAP COUNTY, t holdings LLC RCE ER BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE CORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: SECTION RECORDS RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT THE FEET OF THE NORTHEAST QUARTER OF SAID SECTION 8; ALSO EXCEPT THAT THE WEST 60 FEET THEREOF CONVEYED BY INSTRUMENT RECORDED UNDER 201805160074 05/16/2018 11:25:25 AM Page 21 of 42 AUDITOR'S FILE NO.9512290366; ALSO EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF THE PLAT OF AMENDED PLAT OF MCCORMICK WOODS, AS RECORDED IN VOLUME 25 OF PLATS, PAGES 54 THROUGH 61, RECORDS OF KITSAP COUNTY, WASHINGTON; ALSO EXCEPT THAT PORTION LYING EASTERLY OF THE WESTERLY LINE OF THE PLAT OF MCCORMICK WOODS DIVISION 4, AS RECORDED IN VOLUME 26 OF PLATS, PAGES 29 0. 0. 0. 201805160074 05/16/2018 11:25:25 AM Page 22 of 42 NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, WASHINGTON. Parcel No. 172301-2-007-2008 Owner: West X SW Investment holdings LLC Legal Description: TRACT 6 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UN AUI 200010310145, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWES TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., KITSAP COUNTY, SHING FI THE 117, NDER AUDITOR'S FILE NO. tIBED AS FOLLOWS: THAT 23 NORTH, RANGE 1 EAST, TERLY OF THE FOLLOWING DUTHEAST QUARTER OF 1EOF A DISTANCE OF 9, ACCORDING TO THE LOUGH 126, RECORDS OF IG OF THE HEREIN IES OF SAID MCCORMICK 201805160074 05/16/2018 11:25:25 AM Page 23 of 42 Parcel No. 172301-2-005-2000 Owner: West X SW Investment holdings LLC Legal Description: TRACT 4 OF 20-ACRE LAND SEGREGATION DOCUMENT RECORDED UNDER AUDI] 200010310145, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS F01 EAST HALF OF THE NORTHWEST QUARTER OF SECTION 17, TOWNSHIP 23 NO�TI EAST, W.M., KITSAP COUNTY, WASHINGTON; EXCEPT THE NORTH 1050.0 EXCEPT THAT PORTION LYING WITHIN MCCORMICK WOODS DIVISION CCOR PLAT THEREOF, RECORDED IN VOLUME 26 OF PLATS, PAGES 60 THROU , RI KITSAP COUNTY, WASHINGTON AND MCCORMICK WOODS DIVIS D PLAT THEREOF, RECORDED IN VOLUME 26 OF PLATS, PAGES 10 HROU 07, FILE NO. THE 1 ND TO )S OF TO THE :ORDS OF INDER AUDITOR'S FILE NO. RIBED AS FOLLOWS: THE tTER OF SECTION 17, HINGTON; EXCEPT THAT , ACCORDING TO THE PLAT -165, RECORDS OF KITSAP IORTHEAST QUARTER OF )ODS DIVISION 5 AND 3 TO THE PLAT THEREOF, iRDS OF KITSAP COUNTY, 80516511612�1 0 Uy o�l.S1'ttt-1Ai•r 1111d _VFBVDIi Lji�� EE R3• E:1F. £ l,�x HWY 16 j. ESTATE fi4VY;r I' + i - $YATE"WWY-9 W ._ 7 A.._I . ..... i I ,� t j I �._:: -..... __—�..... _... I . t Rid e 3 irk -r� L- �i I� H�Gtiadia�rt: ��. I'zl !f s" ' � '�' * F , £ _ _,.—.� Co+ r=, • ;I s_,_U ER Rp j tj l 1 i II _ljj 1I aQ�� UpFR . H i r I i 1 I I1� II�Lr 'I-. 1 L LL11L� u I ' -- ------ L._........... 31 _y j Legend ..... ...... I - -�. Pump Station ■ City of Port Orchard Contributes to °a 0 00 ON McCormickWod PS _.,_ ...: __ I r Manhole Port Orchard UGA I ARD_ ..I_--_:Contribues to 7 Only ' W - --- Force Mains Parcels MoCormick Woods PS 1 a F. t f " ED &2 Sewer Pipes` Water Bodies Sewer Gravity Trunks Water Courses Thin mep Ise geogreph rep entadon based on evallahle rnformatlon. No rt ntyH made cancemtng McCormick Woods accuracy, c irrenq, or m kteness of date depicted an this map. ti Basin Map E McCormick Developments Analysis Figure City of Port Orchard, Washington CON$ULTANiS o t,2so 2,500 N a�ilam Apri12017 1 COPYRIGHT 0 2017 SHC CONSULTANTS LLC. ALL RIGHTS RESERVED t/ 2006 18.28 3608763511 1AGE 02 05/16/2018 11:25:5 AM Page 25 A 42 C IO Orchard ' ma O. WASHINGTON 963" and Coma y 4WI SW Lake l Ud Pon Qvbwd. WA 9MV Smr w Seevi►" to mcCorwcir Woo& PUD The peaposa of this letter is to dfirm tU C the lemWgIng vadevgoped am vAtbin the to the conditim KSML The McCotsxlick Woods FUd is yvMw rho Wmvcd part Omhvd. he City ofPort Owbard cal\ova sewing the McCe wWck Woo& P[I3. In accordance *ith associated Adgma Woods FU"D, 'fie City of J c.onveyame and resrtvedd 9 with samr Savk% s1d*t 3 Fehwry 2003 with Swwv subject �Q area of tie 01 Of opwams the sewer *-stern t 471,tesidMdd VOW (with 'we C40"and thee RM at 'loped wi Wn tba MCCpadck authority and rapulty, both to serve this 10"Md'all-lag development ;� ataru=dOn of oa-sits xawap 00ne ton a -mm is responsible for aoastxvction ofAU ragtdred on~stta is to serve the new Nola that the City is ion of a w low psasSM sewer system helpravemu�nts . at.). These impmvemem am the mrs ovAbO ty of ham b0dev. ted by the develaper" be de ftwd and coed to t o City of Port Ocbetd, and in amardam with approved Sevva . Cdosttvctkm pianS iif sewersystreb improve.11ts strap be the City ft review and approval prior to the start of any constrm-ftn. MUNICIPAL CCVW Y le 1rosgea 00870.1701 MOMON4071 Pe7UM OWARTMWr w,"MO PAX OM 070SW PUBLIC W*RKS MPRRTMPNT 2Is MOSP60 S*ftt ANCe 9W 02/14/2006 10:28 3608763511 MCCCMICK LAND CO PAGE a3 201805160074 05/16/2018 11:25:25 AM Page 26 of 42 3) devaioM is respons,*'ble for w4v idag aU necessary permits and approvals necdod to canstrmt the inprovemeut& 4) AcxcpWw offt completed sewer sgsitem by rho City ofA-t 4rcbacd:rar-,n.sWp and a' tNIB= is Mtingmt Mm the developer mfing all Post Ochmd standard require' fir azctptavc:$, such as fimp=don, tesft& ba ift& ctr.. 5) NO s ' service com=bioas aW be made to tbo syswm ua W the system is ted by the City for ownership and maintenance, anlem o&etwim . 6) If deveiopmm is pbssed, the City may aq;,d. the &mdpam co anet r4ldns across futme undeveloped phases m McCormick Woods cum `re. 7) Ewem=n sh&U be p vmded for all public aawer system im of public rlgt-o- way. An public seer its, and I£tltey comain easements or dedications to the City, shall be ttcd C review and approval prior to rftar&ftV S) The devloper shaH Comply vvm an spplicab sad 9) The developer shall MW all stmdaxd and Chy n F omf,ord fa-m ewd uha*cz Ax sewer MVIC a and sewer system cans. Req*Ot ixlit n A I,awaac x C city E eer C O 201805160074 05/16/2018 11:25:25 AM Page 27 of 42 ;1 ..Wk S» Public Works .Y -CITY AALL • 216 }.kospect S poon, 1, `V 68366 (�60} 87lr49� i • �1� 6Q} S l ) ►ard can and wHI rra,ride 201805160074 05/16/2018 11:25:25 AM Page 28 of 42 CITY OF PORT ORCHARD Public Works Department CITY NAf 60} 8?699 Prospect Orchard, WA 9$366 • FAX $ d 4 4 tcity I III nich gal nick ACIFY Avail Or for McCormick North Phase III .clot 05160074 C CONS ; LTAIV S TECHNICAL MEMORANDUM Date: March 19, 2018 To: Thomas Hunter Peter Cunningham, P.E. Mark Dorsey, P.E. McCormick Sewerage LS No.1 Interim Capacity Requirements 17-10535.00 The McCormick Sewerage LS No. 1 (MSLS1) is at d so that McCormick Communities, LLC can construct a permanent upgrade to the lift station. The required interim pumping capacity at MSLS equivalent residential units (ERU). This in Department of Ecology's Criteria for Se conveying the peak hour flow 05/16/2018 11:25:25 AM Page 29 of 42 must be increased upstream while designing im is to summarize the construction of an additional 145 upgrade will be required to meet the n standards (Orange Book) of able 1 O low Summary Condition Peak Hour Flow (gpm) Existing Pea ur I (') 2,010 Peak Hour Flo addi ' n 145 ERUs 117 Required Pe ou 2,127 Notes: 1) In I es ap r ximately 600 gpm of additional peak flows after power outages. When a o r occurs, upstream septic tank effluent pumps (STEP) and grinder pumps ' co ey flow to this lift station and sewage accumulates in their wet wells. When po r turns, more pumps turn on for longer periods of time, conveying a larger than norma peak flow to this lift station. These flaws were developed for the McCormick Dods Sewer Analysis Technical Memorandum dated 6/13/2017. 'r•E,�: ICAL MEMORANDUM 1 BHC Consultants, LLC c ormick Sewerage LS No. 9 Interim Capacity Requirements arch 19, 2018 Li. 160074 CONS LrATS 05/16/2018 11:25:25 AM Page 30 of 42 The interim upgrades will need to convey 2,127 gpm at 135 feet of total dynamic head to meet the DOE requirements. This will allow McCormick Communities to construct an additional 145 C 201805160074 05/16/2018 11:25:25 AM Page 31 of 42 CITY OF PORT ORCHARD Public Works 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-4980 thunter@cityofportorchard.us www.cityofportorchard.us Mr. Greg Krabbe McCormick Communities LLC 805 Kirkland Ave, Ste 200 Kirkland, WA 98033 Re: McCormick 1 Lift Station Guidelines As per your request, the design and construction follow the following design guidelines: Pump station replacement/rehabilitation will ■ Topographic survey ■ Wetland delineation and report ■ Geotechnical borings, evaluation, and, ■ Preliminary Design Memorandum o Hydraulic analysis and p s o Force main surge anal o New wet wellsi/em e�q, Spectra Shield or Generator -set siz amps for start analysis; wet well shall be coated with arndling one pump running and 3 times full load and additional loads and components that may be reused bk, include options for accelerated construction construction sequence to keep existing pump station r pump station is online station plan and sections, and yard piping plan and Specifications for City review itVaughan chopper pumps (two duty pumps; one standby pump) with a np to be stored at the City's maintenance building of 3,800 gpm with one pump out of service; all pumps shall be the same shall be "wye'& together 201805160074 05/16/2018 11:25:25 AM Page 32 of 42 • Pump station will operate as draw and fill below a to -be -defined set point and level controlled flow pacing above a to -be -determined set point utilizing variable frequency drives (VFDs). VFDs shall be Allen Bradley HD Rated Powerflex 753 or 755• ■ New dry well o Stairwell access, with door at bottom of stairs (ship ladders will not be allowed) a Access hatches located directly above pumps ■ New valve vault (if unable to locate valves in dry well) ■ All structures shall be designed to conform to the 2o15 IBC including City en nt ■ Replacement of all mechanical components • Convert existing wet well into bypass wet well ` ■ Replacement of all electrical, instrumentation, and controls, i cl ' tele equipment New equipment shall be consistent with similar City ui meat. h p shall have its own control power circuit r New canopy structure to house the electrical, instrumentlid ti uipment (or locate inside dry well). Canopy shall have peaked two roof din feet minimum beyond any equipment cabinets. ■ Replacement of generator -set with new genet o set and so a uating enclosure, sized for new pumps and meeting applicable shall be Cummins, pre -approved by City. Eni shall provide access to areas of typical maint, aquiremehts. New generator -set shall be ufaeturer standard, and withou umng removal of enclosure ■ New magnetic flow meter and vault #Io7 meter may be located inside dry well if it meets manufacturer's installation requireme ufacturer to be Siemens, Krohne, or City - approved equivalent ■ New davit arm fall protection and nt systems with electric winch ■ New site lighting including a H n i of each side of the roof and a 12400t pole light to light up wet well • New water service at the ■ Develop traffic control p Should you have Sincerely, Water SDI free to contact me at any time. Crry OF PORT {DR'ODD5/16/2018 11:25:25 AM Page 33 of 42 Public Works 216 Prospect Street, Port Orchard, WA 98366 F- y, Voice: (36o) 876-4991 • Fax: (360) 876-4980 — thunter@cityofportorchard.us www.cityofportorchard.us May 24, 2017 McCormick Communities LLC Bog Kirkland Ave, Ste 200 Kirkland, WA 98033 Water fir wastewater Capacity Assessment, The City of Port Orchard is responsible for providing potable collection to existing and future customers within the " most important functions of the City is to develop aticYpaamt needed infrastructure to provide these services. Th pital l required to repair or replace existing assets and to truct I regulatory and level -of -service requirements. McCormick Communities (MCC) is move Woods, McCormick woods west and Mcl and sewer service to these areas, with the supply is provided by the City of Bremerh accommodate limited growth, and MCC elements of the required infrastructure I Replacement of M Water supply and BHC has performed an existing capacity of e capacity limitatio required to rep through co "0 o: reservoir. A summary of required, asp' page. / such, one of the gram to provide the ust include the work to meet capacity, rd wiffi-c ele{ment in the McCormick Woods North areas. The City provides water RMcCormick Woods North, whose water infrastructure in these areas can er with the City and construct Station Nos.1 and 2; and as identified below. Lb of the required improvements to determine the . The new sewer lift stations are required to address the � s and wetwells. The new water supply facilities are ire, but also provide increased water supply and storage installation for Well 11, and a new water storage allowable Equivalent Residential Units (ERU) before upgrades are respective zones/basin, is provided in the table on the following 201805160074 05/16/2018 11:25:25 AM Page 34 of 42 Approadma#e RemainirXg ERUs Before Upgrades Are Required Required Improvements 75 McCormick Woods Lift Station No. i 148 McCormick Woods Lift Station No. 2 172 1. Well 12, full Capacity 2. Treatment., .24$ .. _..- 66o. Zone.St6ij Reservoir 450 Equip Well 1i with new=pun _ In addition, all water and sewer improvements are to be completed constructed in the 66o Zone. Please let me know if you have any questions. befo ytEcan b�) rA 05160074 JO:,SC L ANTS TECHNICAL MEMORANDUM Date: To: From: CC: Subject: Project No: March 14, 2018 Thomas Hunter Peter Cunningham, P.E. Mark Dorsey, P.E. McCormick Woods Sewer Flow Summary 17-10535.00 05/16/2018 11:25:25 AM Page 35 of 42 ningham, P.E. rots. LLC The purpose of this memorandum is to summarize t number of a uivalent residential units (ERU) and peak hour flows to the- McCormick Wood ewerage L tations Nos. 1 and 2 from existing customers and new developments (including t to McCormick Woods, McCormick West, and McCormick North). fts are summarized in Table 1.. 1 ((R U ry s ' g New Pump Station (ERUIp c t Developments(2) Total (ERU) ERU McCormick J1, 601 2,8121 4,1721 Sewerage LS No. 1 33% 67% 100% McCormick 641 2,5911 -T 3,5551 Sewerage LS N ° 73% 100% Notes: 1) Existi*asins r rom 2016 General Sewer Plan. They include Basins 1-6 for LS No. 1 , 5, and 6 for LS No. 2. 2) New nt in des, but is not limited to, McCormick Woods, McCormick West, andrth. Buildout ERUs from the 2016 General Sewer Plan were used 2 G Peak f mmarized in Table 2 JICAL MEMORANDUM 1 BHC Consultants, LLC mick Woods Sewer Flows 14, 2018 180�5160074 C0JOS;LrANf S 05/16/2018 11:25:25 AM Page 36 of 42 Table 2 Peak Hour Flow Summary Post Power New Existing(') Outage Developments(3) Tat I Pump Station (MGDlpercent Flows(2)(M (MGDlpercent of er t of of total) (MGDlpercent total) of total McCormick 1.851 0 861 2.43/ 41 Sewerage LS 36% 17% 47% % No. 1 McCormick 138/ 0.861 2.241 Sewerage LS 31 % 19% 50% .481 No. 2 Notes: 1) Existing flows are from the 2016 GSP. They lode Basi 1- r LS No. 1 and Basins 1, 4, 5, and 6 for LS No. 2. 2) Post power outage flows are additional flaw t t occur a r a power outage prevents grinder and STEP pumps in the McCormick o are r operating. After power comes back on, more pumps thIsualrn on ontribute approximately 600 gpm of additional filow above th flow. This flow rate was determined in the McCormick Woods Sewer Analcal Memorandum dated ,dune 13, 2017. 3) New development includes, but o, McCormick Woods, McCormick West, and McCormick North. Buildout t 416 General Sewer Plan were used. MEMORANDUM Woods Sewer Flows ,18 2 SHC Consultants, LLC 20 805160074 05/16/2018 11:25:25 AM CITY OF PORT RCHARD Public Works Page 37 of 42 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-498o thunter@cityofportorchard.us www.cityofportorchard.us TECHNICAL MEMORANDUT Date: March -15, 2018 To: Mark R. Dorsey, Public Works Director/City Engin4 From: Thomas A. Hunter, Water & Sewer Utility Manager Subject: McCormick Woods Wastewater Analysis - City The City of Port Orchard is responsible for providh future customers within the City's service area. As the City is to develop and maintain a capital progra provide these services. The capital program must i existing assets and to construct new assets meet requirements. In of June of 2016, the City of Port Orc (Comprehensive Plan), which includes and CIP 5 & 6 are defined as the Desigi tion tewater o ection to existing and one of th ost important functions of )rovide a eeded infrastructure to required to repair or replace itwrezdatory and level -of -service General Sewer Plan Update [improvement Plan (CIP). CIP 6-3 & 4 )n of McCormick Lift Stations 1 & 2. CIP - 3 McCormick Lift S #1 $180,000 CIP - 4 McCormick 'o # onstruction $1,100,000 CIP - 5 McCormick Stati2'-Design $190,000 CIP - 6 M ' k ti 2 Construction $1,100,000 McCormick Woods, M and sewer s+ supply is p 11 $2,570,000 (2014 Dollars) un e C. (MCC) is moving forward with development in the McCormick oo&West and McCormick Woods North areas. The City provides water rvice to se areas, with the exception of McCormick Woods North, whose water 'ded b e City of Bremerton. The existing infrastructure in these areas can I ' growth, and the City's CIP only accounts for an upgrade to the existing lift eve opine nt proposed by MCC greatly increases the need for capacity which has t increases to both the project scope and budget. These increases are not ity s comprehensive plan or budget, and as such, MCC has proposed to partner with construct elements of the required infrastructure. These include: 201805160074 05/16/2018 11:25:25 AM Page 38 of 42 ■ Replacement of McCormick Woods Sewer Lift Station No. I; and ■ Replacement of McCormick Woods Sewer Lift Station No. 2. The City and BHC have performed an engineering evaluation of the required improvements to determine the existing capacity of the existing facilities. Due to the obsolescence of the existing infrastructure, deterioration of the facility due to step -system corrosion, and the need for significant increases in scope (capacity, pumping rate, system redundancy, and ECY requirements), a rebuild of the existing facility is not viable if MCC is to continue to a elop. On May 24, 2017 a summary of the maximum allowable Equivalent Residenti ) was provided to MCC. This table documented the amount of ERU's remaining and the p city of these lift stations. Approximate Remaining ERUs Required Impro n Before Upgrades Are Required 75 McCormick Woo 148 McCormick WooMStallo. 2 Lift Station Flow Analysis In an effort to better understand what portion of each n $ 'on benefits the City and what portion benefits the new MCC develo nt; and in an -effort to ensure that the existing rate payers are paying the appropriate share, CC is paying the appropriate share, the City and its consultant prepared a flow and capacity sis for both McCormick Lift Station #i & #2. A summary of this analysis can be see in a to a elow, but is simply defined as Existing Customers plus Post Power Outage Sur �t*i po 'on and New Developments (MCC portion). City Portion P our w ummary MCC Portion Post P r New i irzgM Quta Devela meetsM p Total Pump Station 1p nt !' (MGDlpercent of (MGDlpercent of of t ( cent total) total) of total McCormi 9k 5 0.861 2.43/ 5.141 Sewerage S 36 a 17% 47% 100% No. 1 McCormick 1. 1 0.86/ 2.241 4.481 Sewerage % 19% 50%n 100% No Notes' sre from the 2016 GSP. They include Basins 1-6 for LS No. 1 and 1) isting f)45),and a 'ns 1, 6 For LS No. 2. t p r tage flows are additional flows that occur after a power outage prevents Ji d STEP pumps in the McCormick Woods area from operating. After power o s back on, more pumps than usual turn on and can contribute approximately 600 gp additional flow above the peak hour flow. This flow rate was determined in the McCormick Woods Sewer Analysis Technical Memorandum dated June 13, 2017. ew development includes, but is not limited to, McCormick Woods, McCormick West, AN nd McCormick North. Buildout flows from the 2016 General Sewer Plan were used. 201805160074 05/16/2018 11:25:25 AM Page 39 of 42 Through this analysis it was determined that the appropriate share for each lift station is as follows. eE'.o_#Z50% 50% FXHIBIQ"160074 Insurance Requirements 05/16/2018 11:25:25 AM Page 40 of 42 Insurance McCormick or its contractor shall procure and maintain for the duration of the 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 McCormick, their agents, representatives, employees or subcontractors. No Limitation. McCormick or its contractor's maintenance of insurance, its scope of co a limits as required herein shall not be construed to limit the liability of McCormic coverage provided by such insurance, or otherwise limit the City's r caure o any remedy available at law or in equity. A. Minimum Scope of Insurance McCormick or its contractor shall obtain insurance of the i. Automobile Liability insurance covering all ed, non- 'red and leased vehicles. Coverage shall be written on In ce Service ce (ISO) form CA o0 oY or a substitute form providing equivalent lia ' 'ty covera a If necessary, the policy shall be endorsed to provide contractual liab" . ver 2. Commercial General Liability ins ur a shall be written on ISO occurrence form CG 00 ox and shall cover liability arising o premises, operations, stop gap liability, independent contractors, products -comp t operations, personal injury and advertising injury, and liability as n insured contract. The Commercial General Liability insurance shall e s to provide the Aggregate Per Project Endorsement ISO form CX�2 o or equivalent endorsement. There shall be no endorsement or modifica o of ercial General Liability insurance for liability arising from expl , o or underground property damage. The City shall be named as an in un e Cormick's Commercial General Liability insurance policy, th r s ect to h work performed for the City using ISO Additional Ins d s e G 20 to io of and Additional Insured -Completed Operations e d r e 7 io oY or substitute endorsements providing S. Workers'( State of W as required by the Industrial Insurance laws of the 4. Build Risk i s ante covering interests of the City, McCormick, McCormick's contra t r, sub o tractors, and sub -subcontractors in the work. Builders Risk e on a all-risk policy form and shall insure against the perils of fire xt Ne' coverage and physical loss or damage including flood, earthquake, eft, va ism, malicious mischief, collapse, temporary buildings and debris val. is Builders Risk insurance covering the work will have a deductible of $5, for each occurrence, which will be the responsibility of McCormick. Higher du 'tiles for flood and earthquake perils may be accepted by the City upon written Page I-i EXHISrillill" 60074 Insurance Requirements 05/16/2018 11:25:25 AM Page 41 of 42 request by McCormick and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of McCormick. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. B. Minimum Amounts of Insurance McCormick or its contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single 1' b injury and property damage of $i,000,000 per accident. 2. Commercial General Liability insurance shall be written with li ' no that $>1,000,00o each occurrence, $2,000,000 general aggregate $2,0 0 000 products- completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount C \ e cor ted�ue of the project with no coinsurance provisions. �� C. Other Insurance Provision McCormick's or its contractor's Automobile Liab Com r ial General Liability and Builders Risk insurance policies are to contain, or e s to contain that they shall be primary insurance as respect the Ci y Insurance, self-insurance, or insurance pool coverage maintained by the City shail.,be.,excess of McCormick's or its contractor's insurance and shall not contribute with it. D. Insurance for Other Losses n McCormick or its contractor sha s�esponsibility for all loss or damage from any cause whatsoever to any t o 's or its contractor's employee -owned tools, machinery, equipme of 'cles owned or rented by McCormick or its contractor, or Mcco ck' its co actor's agents, suppliers or contractors as well as to any temporary �t}Tes, s of g and protective fences. E. Waiver McCormick anth City�e all rights against each other, any of their contractors, subcontractors, u s con actors, agents and employees, each of the other, for damages Wen o other perils to the extend covered by Builders Risk insurance or other pance obtained pursuant to the Insurance Requirements Section of this Aghey property insurance applicable to the work. The policies shall provide-sy endorsement or otherwise. FGAccevtAinty of Insurers to be placed with insurers with a current A.M. Best rating of not less than Page I-2 201805160074 05/16/2018 11:25:25 AM Page 42 of 42 EXHIBIT "I" Insurance Requirements G. Verification of Coverage McCormick or its contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to theaq4itional insured endorsement, evidencing the Automobile Liability and Commercial eral Liability insurance of McCormick or its contractor before commenceme f th ork. Before any exposure to loss may occur, McCormick or its contractor sha e City a copy of the Builders Risk insurance policy that includes all appli—cable con ' 'o s, exclusions, definitions, terms and endorsements related to this pro ct. H. Subcontractors McCormick or its contractor shall have sole responsibility f dete i ingihOinsi coverage and limits required, if any, to be obtained be actor , hich determination shall be made in accordance with a on ble a ent business practices. n I. Notice of Cancellation McCormick or its contractor shall pro ' the City and a -Additional Insureds for this work with written notice of any policy ca a tion, within two business days of their receipt of such notice. J. Failure to Maintain Insuranc Failure on the part of McCor i shall constitute a material bread business days' notice to Mc contract or, at its dis etio ro premiums in con 'o he on demand, or at i re from the City. 0 its �tor to maintain the insurance as required c t , upon which the City may, after giving five ect the breach, immediately terminate the o renew such insurance and pay any and all ' h any sums so expended to be repaid to the City of the City, offset against funds due McCormick Page I-3