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05/24/2022 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: MarkTrenary E/D & Tourism Committee, Chair Utilities/Sewer Advisory Committee Transportation Committee KRCC-alt Shawn Cucciardi Finance Committee E/D & Tourism Committee Lodging Tax, Chair City of Port Orchard Council Meeting Agenda May 24, 2022 6:30 p.m. Pursuant to the Open Public Meetings Act, the City Council is conducting its public meeting in the Council Chambers at City Hall. Members of the public may view and provide public comment during the meeting in person at City Hall, via the online platform zoom (link below), or via telephone (number below). The public may also view the meeting live on the City's YouTube channel. Ramnta arrpcc Link: https:Hus02web.zoom.us/J/88121861717 Zoom Webinar ID: 8812186 1717 Zoom Call -In: 1 253 215 8782 Fred Chang Guiding Principles Economic Development& Tourism Committee • Are we raising the bar? Land Use Committee • Are we honoring the past, but not living in the past? Transportation Committee Jay Rosa pepe • Are we building connections with outside partners? Finance Committee, • Is the decision -making process positively impacting diversity, equity, and Land Use Committee inclusion? KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol alt, KRCC Planpol-alt, John Clauson 1. CALL TO ORDER Finance Committee, Chair A. Pledge of Allegiance Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli (Mayor Pro-Tempore) Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener, Chair 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 Wallace, MMC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@cityofportorchard.us 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. Please keep your comments respectful and no personal attacks. This is a comment period and not a question -and -answer session. 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. ADDroval of a Memorandum of Understandine with the Citv of Bremerton to Share Municipal Stormwater Data (Dorsey) Page 4 D. Approval of an Interlocal Agreement with Kitsap County for Participation in the West Sound Stormwater Outreach Group (ILA KC-292-22) (Dorsey) Page 7 E. Approval of Amendment No. 2 to Contract No. 028-21 with Transportation Solutions Inc. for On -Call Transportation/Traffic Engineering Services (Dorsey) Page 18 F. Approval of the May 10, 2022, City Council Meeting Minutes Page 36 5. PRESENTATION 6. PUBLIC HEARING A. Ordinance Amending Port Orchard Municipal Code Chapter 20.182 for Consistency with the Interlocal Agreement with South Kitsap School District and Updating the Park Impact Fee Rate Schedule (Bond) Page 44 7. EXECUTIVE SESSION Pursuant to RCW 42.30.110(1)(1), the City Council will hold an executive session to discuss legal risks of a proposed action with legal counsel for the agenda. The session duration will be announced prior to the executive session. 8. BUSINESS ITEMS A. Adoption of an Ordinance Recognizing Juneteenth as a Holiday and Amending Port Orchard Municipal Code Section 10.12.010 Definitions, "Holidays" (Wallace) Page 86 B. Adoration of an Ordinance Establishine a 510.000 Recruitment Incentive for Lateral Peace Officers (Lund) Page 89 C. Adoption of a Resolution Granting Final Plat Approval for Stetson Heights Phase 2 (Bond) Page 93 D. Approval of a Purchase with CDW-G for Equipment, Installation and Configuration of a New Server (Crocker) Page 137 E. Adoption of a Resolution Approving a Contract with Stripe Rite, Inc. for the 2022 Road Striping Project (Dorsey) Page 155 F. Adoption of a Resolution Granting Final Plat Approval for McCormick West Division 12, Phase 1 (Bond) Page 196 G. Adoption of a Resolution Granting Final Plat Approval for Geiger Final Plat (Bond) Page 223 H. Adoption of a Resolution Approving a Contract with Central Paving, LLC for the 2022 City -Wide Asphalt Repair Project (Dorsey) Page 246 I. Adoption of a Resolution Approving a Contract with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Design (Dorsey) Page 280 J. Adoption of a Resolution Approving a Contract for the Lippert Road Repair and Sidewalk Retrofit Project (Dorsey) Page 314 9. DISCUSSION ITEMS (No Action to be Taken) A. Continued: Veterans Park FS�1! :� Z�] :i ���1 Y��1�1 i; L�l L���] ►�i I � � 1 � � l�� 13. 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.) 14. 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. Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations. May 24, 2022, Meeting Agenda Page 2 of 3 16. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Economic Development and Tourism June 20, 2022; 9:30am — 3rd Monday of Remote Access each month Utilities TBD; 2022 Remote Access Finance June 21, 2022; 5:00pm — 3rd Tuesday of each Remote Access month Transportation June 28, 2022; 4:30pm; 4th Tuesday of each Remote Access month Festival of Chimes & Lights TBD, 2022; 3:30pm Remote Access -_-_-_-_-_-_-_-_-_-_-_-_- Land Use ..................,.,.,.,.,.,.,.,., June 15, 2022; 4:30pm Remote Access Lodging Tax Advisory TBD; 2021 Remote Access Sewer Advisory August 17, 2022; 6:30pm SKWRF* Outside Agency Committees Varies Varies *South Kitsap Reclamation Facility, 1165 Beach Drive Port Orchard 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.citvofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations. May 24, 2022, Meeting Agenda Page 3 of 3 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Subject: Approval of a Memorandum of Understanding with the Citv of Bremerton Back to Agenda Meeting Date: May 24, 2022 Prepared by: Mark Dorsey, P.E. to Share Municipal Stormwater Data Atty Routing No. Atty Review Date Public Works Director 366922-0015 — Storm Mav 20, 2022 Summary: The cities of Bremerton and Port Orchard are both National Pollutant Discharge Elimination System (NPDES) Phase II Municipal permittees, subject to the permit program's requirements for regulating the discharge of pollutants to waters of the United States. One requirement of the NPDES Permit is for each permittee to maintain an inventory of all known stormwater Municipal Separate Storm Sewer System (MS4) features within its permitted jurisdiction. In addition, each permittee must maintain an inventory of all known connections between the MS4 and other municipalities or public entities. The intent of the Memorandum of Understanding with the City of Bremerton is to allow both municipalities to share mapping data with each other in order to maintain permit compliance and improve mutual understanding of each MS4, where they connect or intermingle. The MOU would allow the City to effectively and efficiently meet its inventory obligations under the City's Phase II NPDES Permit. Recommendation: Staff recommends the Council authorize the Mayor to sign the MOU with the City of Bremerton regarding Public Safety Records Management Software. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor to execute an MOU with the City of Bremerton for the sharing of stormwater data. Fiscal Impact: There are no anticipated fiscal impacts. Alternatives: Do no approve the MOU and provide alternative guidance. Attachments: MOU with City of Bremerton. Page 4 of 317 Back to Agenda MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PORT ORCHARD AND THE CITY OF BREMERTON PURPOSE AND PARTIES This Memorandum of Understanding (MOU) is made and entered into by and between City of Port Orchard (Port Orchard) and the City of Bremerton (Bremerton) to memorialize each parties' intent to cooperate with the other in order to comply with the mapping requirements of the 2019 Western Washington NPDES Phase II Municipal Stormwater Permit (Permit). RECITALS A. WHEREAS, both Port Orchard and Bremerton are "Permittees" under the Permit and are required to develop and update maps containing the identified information contained in Section S5.C(4)(a) of the Permit relative to Municipal Separate Stormwater Sewer System (MS4) Mapping and Documentation; B. WHEREAS, Section S5.C(4)(a)(vi) requires Permittees to map "connections between the Municipal Separate Storm Sewer System (MS4) owned or operated by the Permittee and other municipalities or public entities;" C. WHEREAS, Section S5.C(4)(e) requires that Permittees "upon request, and to the extent appropriate... provide mapping information to federally -recognized Indian Tribes, municipalities, and other Permittees." This Section also does not preclude Permittees from recovering reasonable costs associated with fulfilling the mapping information request; D. WHEREAS, Section S5A(5)(a) requires Permittees to coordinate with Permittees in adjoining or shared areas relative to Illicit Discharge Detection and Elimination; E. WHEREAS, mutual benefits will accrue to the parties when collaborating and sharing data required under the Permit; and NOW THEREFORE, both Cities wish to cooperate in providing the mapping information as follows: AGREEMENT 1. The departments of public works for each party shall collaborate and share data relating to stormwater connections across jurisdictional boundaries, as well as any other mapping information necessary under the Permit. This data will be shared at least once a year. 2. When necessary, at mutually agreeable times and locations, personnel from each department of public works shall meet to discuss the mapping information and any changes. 3. Each party shall bear their owrb,�gsAlpssociated with developing the mapping information or producing the information to the other party, and shall share such information without costs to the other party. Back to Agenda 4. Each party acknowledges that the mapping information exchanged pursuant to this Agreement is not certified, survey -grade mapping information. Each party shall work diligently and in good faith to provide accurate information, and shall have no claim or right of indemnification against the other for the accuracy of the information provided. 5. To clarify roles and responsibilities, the jurisdiction where a discharge occurs will inform the other jurisdiction of any spills or illicit discharges into the neighboring jurisdiction. 6. Each party agrees stormwater management activities won't conflict with regional plans, policies or regulations. 7. The point of contact for Port Orchard shall be the Stormwater Program Manager and the point of contact for Bremerton shall be the Stormwater Permit Coordinator. 8. This Memorandum of Understanding (MOU) will remain in force and effect until July 31, 2024, which is the expiration of the 2019 Permit, unless revoked or otherwise amended by the parties. Either party may terminate this agreement by providing thirty (30) days written notice to the non -terminating party. The term of the MOU may be extended by agreement of the parties. CITY OF BREMERTON CITY OF PORT ORCHARD Approved this_day of , 2022 Approved this —day of , 2022 Greg Wheeler Mayor City of Bremerton Robert Putaansuu Mayor City of Port Orchard Page 6 of 317 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4D Subject: Approval of an Interlocal Agreement with Kitsap County for participation in the West Sound Stormwater Outreach Group (ILA KC-292-22) Back to Agenda Meeting Date: May 24, 2022 Prepared by: Mark Dorsey, P.E. Atty Routing No. Atty Review Date Public Works Director 366922-0015 — Storm May 20, 2022 Summary: Kitsap County and the Cities of Bremerton, Gig Harbor, Poulsbo, Port Angeles, Bainbridge Island, and Port Orchard have previously participated in a collaborative Interlocal Agreement for the Public Education and Outreach (E&O) components of these agencies National Pollutant Discharge Elimination System (NPDES) Permitting requirements. Services provided by this ILA include E&O annual report generation, public outreach and awareness campaign materials. The City has found this to have a cost benefit for its citizens by utilizing the economy of scale this agreement affords with the number of organizations that participate. Since the existing Interlocal Agreement is only valid to December 31, 2022, the parties have prepared a new Interlocal Agreement to begin January 1, 2023, to continue these collaborative services. If approved, this Interlocal agreement will remain in effect until December 31, 2025, unless earlier terminated by the parties. By continuing to work as a member of the outreach group, the City will continue to receive access to the services it provides at a significant cost reduction. Again, public education and outreach work is a necessary element to ensure compliance with the City's NPDES permit. Recommendation: Staff recommends City Council authorize the Mayor to sign Interlocal Agreement No. KC- 516-19 with Kitsap County for the West Sound Stormwater Outreach Group. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to authorize the Mayor to sign an Interlocal Agreement for the West Sound Stormwater Outreach Group. Fiscal Impact: The proposed ILA includes a budget for three years, 2023-2025, with the amount from the City not to exceed $10,223 for each year. Total cost of this agreement equals $30,669 for all three years. This agreement will be budgeted in the Storm Drainage Utility for 2023-2024 and will also be included in the 2025- 2026 biennial budget. Alternatives: Do not authorize and provide alternative direction regarding compliance with the City's NPDES Permit Education and Outreach requirements.. Attachments: Interlocal Agreement KC-292-22 Page 7 of 317 Back to Agenda KC-292-22 INTERLOCAL AGREEMENT BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD FOR THE WEST SOUND STORMWATER OUTREACH GROUP I. PREAMBLE This Interlocal Agreement (hereafter "AGREEMENT") is by and between Kitsap County (hereafter "COUNTY') whose principal offices are located at 614 Division Street, Port Orchard, Washington 98366 and the City of Port Orchard (hereafter "CITY') whose principal offices are located at 216 Prospect Street, Port Orchard, Washington 98366. II. RECITALS Whereas, the Washington State Department of Ecology requires owners or operators of a municipal separate storm sewer system to obtain coverage under Western Washington NPDES Phase II Municipal Stormwater Permit; and Whereas, mutual benefits will accrue to the parties hereto and the people which each serves in the cooperative implementation of the West Sound Stormwater Outreach Group. The Interlocal Cooperation Act, chapter 39.34 RCW, further authorizes the parties hereto to enter into this AGREEMENT; and Whereas, Permittees are required by Permit Section S5.C.-4--2 to provide stormwater education and outreach programs designed to achieve measurable reductions in behaviors that cause or contribute to adverse stormwater impacts; and Whereas, coordination among Permittees with adjoining or shared geographic areas is encouraged by the Washington State Department of Ecology and enhances access to federal, state, and other financial and technical support, and Whereas, West Sound residents share media sources and would benefit from consistent messaging across city and county boundaries; and Whereas, municipal resource efficiency is increased and cost savings are realized through sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication; and Whereas, Kitsap County and the cities of Poulsbo, Bremerton, Port Orchard, Gig Harbor, Bainbridge Island, and Port Angeles desire to continue to work together as the West Sound Stormwater Outreach Group to coordinate joint development and implementation of stormwater education and outreach programs. NOW THEREFORE, the parties mutually agree as follows: Page 8 of 317 Back to Agenda III. AGREEMENT A. The Recitals set forth above are expressly incorporated into the AGREEMENT by this reference. B. This AGREEMENT consists of the following documents: 1. Interlocal Agreement 2. EXHIBIT A: West Sound Stormwater Outreach Group Scope of Work and Budget C. Purpose: The purpose of the AGREEMENT is to provide a mechanism through which COUNTY and CITY voluntarily collaborate in the development, implementation, and funding of stormwater education and outreach messages, materials, activities, and program assessment tools for the general public, businesses, and other target audiences as required by the NPDES Phase II Permit. D. Payment and Funding: CITY will provide COUNTY funds in an amount not to exceed a total of $10,223 per year, totaling of $30,669 for the years 2023 through 2025 in accordance with Section I below. COUNTY agrees to send invoices to CITY representative for reimbursement of allowable expenses incurred as defined in EXHIBIT A. E. Scope of Work: COUNTY and CITY shall perform duties and services as are listed in EXHIBIT A, attached hereto and incorporated herein by this reference. Said services shall be performed in accordance with the approved Scope of Work and budget specified in EXHIBIT A, and as provided for in Section I of this AGREEMENT. F. COUNTY and CITY Administrators: The "West Sound Stormwater Outreach Group" is a collective of local jurisdictions and is not a separate legal entity. Accordingly, Kimberly Pleger, Stormwater Education & Outreach Coordinator, 614 Division Street, MS-26A, Port Orchard, Washington 98366 shall represent COUNTY in all matters pertaining to the services rendered under this AGREEMENT. All requirements of the CITY pertaining to the services and materials to be rendered under this AGREEMENT shall be coordinated through the COUNTY representative. Zack Holt, Stormwater Program Manager, 216 Prospect Street, Port Orchard, Washington 98366, shall represent the CITY in all matters pertaining to the services and materials to be rendered under this AGREEMENT. All requirements of the COUNTY pertaining to the services or materials to be rendered under this AGREEMENT shall be coordinated through the CITY representative. Following a change of representative, COUNTY and CITY will inform the other party in writing within ten (10) working days. Page 9 of 317 Back to Agenda G. Reporting: By January 315t of each year this AGREEMENT is in effect, COUNTY and CITY will jointly report the results of work conducted under this AGREEMENT in a manner that is mutually useful in the fulfillment of NPDES Permit reporting requirements for public education activities, as specified in Permit Section S9.E.2. H. Responsibilities of the Parties: It is mutually understood that CITY will provide COUNTY with the following: Up to $30,669 over the duration of this AGREEMENT for development of educational materials, professional service fees, partial reimbursement of COUNTY administrative costs, and other expenses related to tasks as described in EXHIBIT A. CITY will also contribute staff time to attend meetings, provide input, conduct pertinent research, and participate in program development. It is mutually understood that COUNTY will provide CITY with the following: COUNTY will provide administrative services and act as financial manager for this AGREEMENT and associated professional service contracts. COUNTY will also contribute staff time to facilitate meetings, provide input, conduct pertinent research, and participate in program development. Reimbursement: CITY shall reimburse COUNTY for actual incurred costs upon presentation of a properly executed invoice. Costs shall be charged and funding reimbursed based upon appropriate program elements as defined in EXHIBIT A. COUNTY may exceed line item amounts within individual program element budgets, but shall not exceed the total budget for each individual program element without written approval of CITY. Reimbursement requests shall not be made to CITY more frequently than once a month. CITY shall reimburse COUNTY within thirty (30) days of receipt of a properly executed COUNTY invoice. Property: Title to property purchased by COUNTY, the cost of which COUNTY has been reimbursed as a direct item of cost under this AGREEMENT, shall pass to and vest to COUNTY. Property purchased with funds delivered pursuant to this AGREEMENT may be used only for the performance of this AGREEMENT and shall be purchased in accordance with applicable state law and COUNTY purchasing policies. K. Assignment: COUNTY may assign or subcontract any portion of the services provided within the terms of the AGREEMENT. All terms and conditions of the AGREEMENT shall apply to any approved subcontract or assignment related to this AGREEMENT. L. Indemnity: Both COUNTY and CITY shall accept responsibility for any and all liability arising from acts of its own officers, employees, agents, and contractors to the extent provided by law. Additionally, each party agrees to indemnify, defend, and hold harmless the other party, and its officers, agents, and employees for all claims (including demands, suits, penalties, losses, damages, or costs of any kind whatsoever) including costs, expenses, and reasonable attorney's fees, to the Page 10 of 317 Back to Agenda extent such a claim arises or is caused by the indemnifying party's own negligence or that of its officers, agents, or employees in performance of this AGREEMENT. Nothing contained in this section of this AGREEMENT shall be construed to create a liability or a right of indemnification in any third party. This section shall survive the expiration of this AGREEMENT. M. Amendments: The parties hereby further agree that this AGREEMENT cannot be amended or modified without the written concurrence of both parties. N. Termination: Either party to this AGREEMENT may elect to terminate this AGREEMENT for any reason by delivering a sixty (60) day written notice of intent to terminate to the other party. In the event of such termination, COUNTY shall be compensated for the actual costs incurred prior to the time of written notification of contract termination. O. Duration: This AGREEMENT shall commence on January 1, 2023, and shall remain in effect through December 31, 2025. P. Recording: Pursuant to RCW 39.34.040, this AGREEMENT shall be filed with the Kitsap County Auditor. Q. Waiver: A failure by either party to exercise its rights under this agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this AGREEMENT unless stated to be such in a writing signed by an authorized representative of the party and attached to the original AGREEMENT. R. Governing Law: This AGREEMENT shall be governed by and construed in accordance with the laws of the State of Washington. S. Venue: The venue for any action to enforce or interpret this AGREEMENT shall lie in the Superior Court of Washington for Kitsap County, Washington. T. Multiple Originals: This AGREEMENT may be executed in multiple copies, each of which shall be deemed an original. U. Severability: If any provision of this AGREEMENT or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of the AGREEMENT which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this AGREEMENT are declared to be severable. Page 11 of 317 Back to Agenda IN WITNESS WHEREOF, this AGREEMENT was executed by the parties on the dates hereinafter indicated. DATED this day of 2022 DATED this day of 2022 CITY OF PORT ORCHARD Rob Putaansuu, Mayor ATTEST: City Clerk Approved as to Form: City Attorney BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON Edward E. Wolfe, Chair Charlotte Garrido, Commissioner Robert Gelder, Commissioner ATTEST: Dana Daniels, Clerk of the Board Page 12 of 317 Back to Agenda EXHIBITA: WEST SOUND STORMWATER OUTREACH GROUP Scope of Work & Budget for 2023-2025 Kitsap County and the Cities of Poulsbo, Bremerton, Port Orchard, and Gig Harbor have been working to jointly develop, implement, and fund NPDES Municipal Stormwater Permit -required outreach via interlocal agreements since 2008. With the additions of Bainbridge Island and Port Angeles in 2012, the group assumed the name of West Sound Stormwater Outreach Group (WSSOG), to represent the regional scope and to align with other similar groups across Puget Sound under the Stormwater Outreach for Regional Municipalities (STORM) umbrella. A. GOALS, OBJECTIVES, AND TASKS Goals: 1. Work cooperatively to help meet the requirements for compliance with NPDES Phase II Municipal Stormwater Permit Section S5.C.2-1, Public Education and Outreach, through the implementation of "education and outreach program[s] designed to: o Build general awareness about methods to address and reduce impacts from stormwater runoff; o Effect behavior change to reduce or eliminate behaviors and practices that cause or contribute to adverse stormwater impacts; and, when possible, o Create stewardship opportunities that encourage community engagement in addressing the impacts from stormwater runoff."' 2. Realize cost savings and increase municipal resource efficiency by sharing expertise, expenses, and staff time to gain economies of scale and avoid duplication. 3. Jointly work to help fulfill education and outreach requirements of local Total Maximum Daily Loads (TMDLs), also known as Water Pollution Cleanup Plans. 4. Benefit citizens of the West Sound region by providing consistent outreach and messaging. 5. Gain enhanced access to federal, state, and other financial and technical support through coordination among Permittees with adjoining or shared geographic areas. 6. Identify opportunities for future collaboration on any new education and outreach requirements in the future NPDES Phase II Municipal Stormwater Permit (expected to be issued in 2024). Objectives & Tasks: Objective 1 Develop and adhere to an annual work plan for each year of this interlocal agreement. 1 Washington State Department of Ecology, Western Washington Phase II Municipal Stormwater Permit (2019) p.14. Page 13 of 317 Back to Agenda Task 1.1 Jointly develop a work plan for each year by January 31 of 2023, 2024 and 2025. Objective 2 Build on existing successful efforts of the ongoing Pet Waste in Public Places campaign (aka Mutt Mitt program) behavior change program (required under S5.C.1.a.ii and S5.C.1.c of the 2013 Permit). Maintain elevated awareness levels and environmentally positive behavior trends for the one target audience and behavior selected (pet owners/proper disposal of pet waste in public areas). Task 2.1 Review available evaluation data from other local programs as available to determine impact of existing outreach efforts. Task 2.2 Continue to achieve sustained awareness and practice of proper pet waste management. Continue to implement the Mutt Mitt program, including a strategy for continued awareness and behavior adoption for the current Permit term using adaptive management as necessary, promoting maintenance of the Mutt Mitt Program and supporting growth where indicated. Obiective 3 Using social marketing practices and methods, implement the Natural Yard Care campaign with built in evaluation protocols for one target audience and behavior (DIY homeowners with kids or pets/using safer yard care products). Task 3.1 Continue to implement the campaign strategy across the WSSOG boundaries based on previously performed or locally available and applicable research that includes an evaluation plan with specific, measurable, and achievable outcomes. Revise as necessary based on emerging issues, opportunities, and evaluation results. Task 3.2 Assess the effectiveness of the campaign at proper intervals, documenting progress, and changing the campaign strategy as necessary to achieve desired outcomes. Task 3.3 No later than March 31, 2024, evaluate and report on: o The changes in understanding and adoption of targeted behaviors resulting from the implementation of the strategy; and o Any planned or recommended changes to the campaign in order to be more effective; describe the strategies and process to achieve the results o Use the results of the evaluation to continue to direct effective methods and implementation of the ongoing behavior change program. Task 3.4 Continue the program at an appropriate level once measurements indicate increased adoption of the behavior in the target audience. Objective 4 Collaborate on joint outreach and/or educational materials for the new business inspection ordinance and program (S5.C.6) to help cost saving and increase efficiency. Task 4.1 Seek opportunities to collaborate on joint outreach components such as print materials or other outreach tools. Page 14 of 317 Back to Agenda Objective 5 Use adaptive management to refine programs and direct education and outreach resources most effectively. Task 5.1 Take advantage of mutually beneficial outreach opportunities that fall within the NPDES Permit -required scope of audiences and behaviors, regardless of prioritization ranking. Task 5.2 Seek opportunities to share among member jurisdictions the existing outreach efforts to audiences not prioritized within the WSSOG activities, such that these efforts are beneficial to all members. Task 5.3 Pursue grants and other funding opportunities as available and appropriate. Objective 6 Represent the WSSOG on larger regional stormwater outreach efforts through participation as a contributing member of STORM and the Puget Sound Starts Here (PSSH) campaign development team. Task 6.1 Help implement the STORM Strategic Plan and annual Work Plan to achieve results of use and benefit to the WSSOG. Task 6.2 Promote capacity building among STORM and WSSOG members to raise the caliber of collective outreach in the region. Task 6.3 Support development and implementation of the PSSH awareness campaign in conjunction with on the ground local behavior change programs. Task 6.4 Participate in regional work groups on targeted behaviors (e.g.: Pet Waste, Natural Yard Care, Mobile Businesses, etc.) Obiective 7 Track and maintain records of education and outreach activities. Publish an annual summary of activities that is suitable for use in NPDES reporting. B. BUDGET Table 1 and 2 shows the annual budget for years 2023 through 2025. The annual Staff Time budget of $56,198 is for 0.5 FTE of a Kitsap County Education & Outreach Coordinator's time to administer the Interlocal Agreement and manage outreach programs identified in the annual work plan on behalf of the WSSOG. This funding also includes coordination with STORM, the Puget Sound Starts Here campaign development team, ECO Nets, and all associated travel expenses; as well as administrative duties such as financial tracking and management. The annual staff time budget will be shared by all WSSOG jurisdictions in proportion to their relative population size, as shown in Table 1 and 2. The annual Outreach Base Programs budget of $88,438 will be used to implement joint programs prioritized by the group and agreed upon for inclusion in the WSSOG annual work plan. This may include activities such as implementation of the Mutt Mitt Program, natural yard care outreach, reporting hotline promotion, advertising, local implementation of the Puget Sound Starts Here campaign, outreach collateral development and production, other priority behavior change programs, evaluation/surveys/focus groups/studies, and/or professional services to achieve any of these activities Page 15 of 317 Back to Agenda or tasks. The WSSOG will make every effort to minimize actual costs by selecting competitive bids for professional services, and by pursuing grants and other funding sources as available and appropriate. The annual Supplemental Programs Budget was added to accommodate several jurisdictions that expressed a desire for additional outreach support. This allows flexibility for jurisdictions to customize a suite of outreach options to meet the needs of their communities. Rates for elementary classroom lessons were based on County staff time for lesson preparation, teaching time, and travel. Cinema ad rates were based on real charges incurred for similar advertising in 2021. To meet the needs of jurisdictions who utilize biennial budget cycles, year 2023 and years 2024-2025 were calculated on separate charts. Page 16 of 317 Back to Agenda Table 1. Annual budget for all program elements - 2023. Jurisdiction Population Est. 2021 (OFM) Relative Population Staff Time Budget Base Programs Budget N Suppl. Programs Budget Annual Cost per Jurisdiction Programs PSSH & Mutt Mitt BPB Total Unincorp. KC 180,840 58.33% $32,781 $44,413 $44,413 $0 $77,194 Bremerton 43,970 14.18% $7,971 $10,799 $2,500 $13,299 $0 $21,269 Bainbridge Island 24,930 8.04% $4,519 $6,123 $2,500 1 $8,623 $0 $13,142 Port Angeles 20,120 6.49% $3,647 $4,941 $1,750 $6,691 $2,2001 $12,538 Port Orchard 15,960 5.15% $2,893 $3,920 $2,550 $6,470 $8602 $10,223 Poulsbo 12,000 3.87% $2,175 $2,947 $2,500 $5,447 $2,7503 $10,372 Gig Harbor 12,200 1 3.94% 1 $2,212 1 $2,996 $500 $3,496 1 $0 1 $5,708 TOTAL 310,020 100.00% 1 $56,198 1 $76,138 $12,300 $88,438 $5,810 $150,446 PSSH & Mutt Mitt column represents a budget guideline for these two items per jurisdiction. Includes funding for 3 months of cinema ads in Port Angeles. Includes funding for 4 elementary school classroom lessons at $215 each in Port Orchard. Includes funding for 6 elementary school classroom lessons at $275 each, and cinema ads in Poulsbo. Tahl- 7 annual budget for all prnnrnm o'o., nts - 2024 & 2025. Jurisdiction Population Est. 2021 (OFM) Relative Population Staff Time Budget Base Programs Budget Suppl. Programs Budget Annual Cost per Jurisdiction Programs PSSH & Mutt Mitt BPB Total Unincorp. KC 180,840 58.33% $32,781 $44,413 $44,413 $0 $77,194 Bremerton 43,970 14.18% $7,971 $10,799 $2,500 $13,299 $0 $21,269 Bainbridge Island 24,930 8.04% $4,519 $6,123 $2,500 $8,623 $0 $13,142 Port Angeles 201120 6.49% $3,647 $4,941 $1,750 $6,691 $2,2001 $12,538 Port Orchard 15,960 5.15% $2,893 $3,920 $2,550 $6,470 $8602 $10,223 Poulsbo 121000 3.87% $2,175 $2,947 $2,500 $5,447 $2,7503 $10,372 Gig Harbor 12,200 3.94% $2,212 $2,996 $500 $3,496 $0 $5,708 TOTAL 3101020 100.00% $56,198 $76,138 $12,300 $88,438 $5,810 $150,446 PSSH & Mutt Mitt column represents a budget guideline for these two items per jurisdiction. Includes funding for 3 months of cinema ads in Port Angeles. Includes funding for 4 elementary school classroom lessons at $215 each in Port Orchard. Includes funding for 6 elementary school classroom lessons at $275 each, and cinema ads in Poulsbo. Page 17 of 317 aw aw- M.H City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Back to Agenda Agenda Staff Report Agenda Item No.: Consent Agenda 4E Meeting Date: May 24, 2022 Subject: Approval of Amendment No. 2 to Contract No. 028-21 with Transportation Solutions Inc. for On -Call Transportation/ Traffic Engineering Services Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No. Atty Review Date 366922-0009 — PW May 20, 2022 Summary: On February 9, 2021, the City executed Contract No. CO28-21 with Transportation Solutions, Inc for On Call Transportation/Traffic Engineering Services (the "Contract"). On February 8, 2022, the Port Orchard City Council approved Amendment No. 1 with the Contract, increasing the Contract's value to an amount not to exceed $25,000 and extending the termination date of the Contract to February 12, 2023. The City has identified a continued need for additional On Call Transportation/Traffic Engineering Services for 2022 and 2023 that are anticipated to exceed the established cap for these services set out in the Contract, as amended. Before the Council for approval is Amendment No. 2 to the Contract, which would increase the contract amount by an additional $15,000 (for a new not to exceed total of $40,000, inclusive of all compensation paid after execution of the Contract and Amendment No. 1 but prior to this Amendment). Recommendation: Staff recommends the Council authorize the Mayor to execute Amendment No. 2 to Contract No. CO28-21 with Transportation Solutions, Inc for On Call Transportation/Traffic Engineering Services to increase the total contract amount by $15,000.00 for a total not to exceed amount of $40,000. Relationship to Comprehensive Plan: N/A Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 2 to Contract No. CO28-21 with Transportation Solutions, Inc for On Call Transportation/Traffic Engineering Services. Fiscal Impact: The 2021/2022 budgeted funds were $25,000.00; a budget amendment for the additional 2022 costs may be needed. Alternatives: None Attachments: Amendment No. 2, Contract Authorization, Contract No. 028-21. Page 18 of 317 Back to Agenda Amendment No. 2 to Contract No. 028-21 CITY OF PORT ORCHARD AGREEMENT WITH Transportation Solutions, Inc THIS SECOND AMENDMENT to Contract No.028-21 ("Amendment") is made effective as of the 24th day of May 2022, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Transportation Solutions, Inc ("Consultant"), a corporation organized under the laws of the State of Washington, located and doing business at 16392 Woodinville Redmond RD NE, Suite A206, Woodinville, WA 98072. WHEREAS, on the 9 h day of February 2021, the City executed an Agreement for On Call Transportation/Traffic Engineering Services with Transportation Solutions, Inc, ("Underlying Agreement"); and WHEREAS, on the 8t' of February 2022 Amendment No 1 was approved by Council, extending the Underlying Agreement's termination date to February 12, 2023, and increasing the Underlying Agreement's "not to exceed" amount by $5,000, to a total not to exceed amount of $25,000; and WHEREAS, As amended, Section 4 (Compensation) of the Underlying Agreement provides that compensation for these services shall not exceed $25,000.00 without advance written authorization, and will be based on the list of billing rates and reimbursable expenses attached to the Underlying Agreement, as amended, as Exhibit B; and WHEREAS, additional On Call Transportation/Traffic Engineering Services are required by the City for 2022 that will exceed the current value of the Underlying Agreement, as amended; and WHEREAS, the Consultant and the City have conferred and agreed to increasing the amount of the contract from $25,000 to $40,000 in anticipation of the additional work for 2022; and WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying Agreement; NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: I. The Underlying Agreement between the parties, incorporated by this reference as if herein set forth, is amended in, but only in, the following respect: A. Amended Section 4. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $40,000.00 (inclusive of all compensation paid after execution of the Underlying Agreement but prior to this Amendment), without advance written authorization and will be based on the list of billing rates and reimbursable expenses set forth in Exhibit B Scope of Services, attached hereto and incorporated herein by this reference. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. Page 19 of 317 Back to Agenda IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON Rob Putaansuu Mayor ATTEST/AUTHENTICATED: Brandy Wallace, CMC, City Clerk APPROVED AS TO FORM: Charlotte Archer, City Attorney Transportation Solutions, Inc Victor Salemann, PE Principle Page 20 of 317 Authorization for Amendment No. 2 Date: May 24, 2022 Contractor: Transportation Solutions, Inc On Call Transportation / 26392 Woodinville Redmond Rd NW, Project: Traffic Engineering Services Suite A206, Woodinville, WA 98072 Contract / Job # CO28-21 This amendment increases the contract "NOT TO EXCEED" amount by $15,000. Changing the contract Not to Exceed total to $40,000, to provide additional On Call Transportation and traffic engineering services Contract History Amount Sales Tax Total Date Appvcl b Original Contract $20,000.00 $0.00 $20 000.00 09-Feb-21 Council Amendment 1 $5,000.00 $0.00 $5,000.00 08-Feb-22 Council .Amendment 2 $15,000.00 $0.00 $15,000.00 12-Ma -22 Council Total Contract $40,000.00 $0.00 $40,000.00 I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Contractor Approval Signature Printed Name & Title Public rks Directo ity eer MARK R. DORSEY, P.E. Printed Name Change Orders that do not exceed 10%, with a maximum of $50,000, of either legally authorized budget limit or contract Approved: amount established by City Council can be approved by the Public Works Director. Change Orders that do not exceed 10%, with a maximum of Attest: $100,000, of either legally authorized budget limit or contract amount established by City Council are to be approved by the Mayor. Change Orders over $100,000 or exceed a total of 10% require Council Action. Mayor City Clerk Council Approval Date C:\Users\mdorseyVAppData\Local\Microsoft\Windows\INetCache\Content Outlook\DMEMPAN\CO28 21 -Contract amendment #2 - Contract Authorization TSI-HD doc Page 21 of 317 Back to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 9th day of February 2021, 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 Transportation Solutions, a corporation, organized under the laws of the State of Washington, doing business at: 16392 Woodinville Redmond Rd NE, Suite A206 (hereinafter the "CONSULTANT") Woodinville, WA 98072 Contact: Andrew Bratlien, PE Phone:425-833-4134 Fax:425-867-0898 for professional services in connection with the following Project: On Call fransportation/traffic engineering services. TERMS AND CONDITIONS 1. Services by Consultant, A. The Consultant shall perform the on -call professional services described in the Scope of Work attached to this Agreement as Exhibit A. The services performed by the Consultant shall be on an on -call, task order basis, and shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. The services 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. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with task orders issued by the City, utilizing the task order form at Exhibit "A", and in accordance with the procedures set out in Exhibit A and the terms of this Agreement, provided that if the terms of the Agreement conflict with the terms of Exhibit A, the Agreement shall control. If delays beyond the Consultant's City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO28-21 I of 10 Page 22 of 317 Back to Agenda reasonable control occur, the parties will negotiate in good faith to determijne whether an extension is appropriate. B, The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on February 9, 2021 ("Commencement Date") and shall terminate February 12, 2022, unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. D LUMP SUM. Compensation for these services shall be a Lump Sum of $ X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $20,000.00 without advance written authorization, and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit OTHER. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after Services have been performed, along with monthly Invoices In a format acceptable to the Cib for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. City of Port Orchard and Transportation Solutions Inc, Professional Service Agreement Contract No. CO28-21 2of10 Page 23 of 317 Back to Agenda 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. Tlie 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. S. Suspension and Termination of Agreement A. Terminations without catim 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; City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No, CO28-21 3of10 Page 24 of 317 Back to Agenda 1. With or Without Cause. Upon termination; iOr 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 frilly 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 ofTorinir ation or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, 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 City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO28-21 4of10 Page 25 of 317 Back to Agenda obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER. ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. AutQi objlc, 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. Coxrimercial General Liab ility 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. City ofPorl Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. C:028-21 5of10 Page 26 of 317 Back to Agenda 3. orkers' Cony et sgtioti coverage as required by the Industrial Insurance laws of the State of Washington. 4.'ofcsbtral .Liability insurance appropriate to the Consultant's profession. 13. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits, L Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident, 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workee' pink tmt on 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 Liabililyy, 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: L: The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. 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 ANIL E. Verification of Coverage City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO28-21 6of10 Page 27 of 317 Back to Agenda 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 Victor Salemann, PE - Principle Transportation Solutions, Inc. 16932 Woodinville Redmond Rd. NE, Suite A206, Woodinville, WA 98072 Phone; 425-833-4134 Fax: 425-867-0898 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 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. City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO28-21 7of10 Page 28 of 317 Back to Agenda C. Sever:tbil ; 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. Enti •e A ►reement, The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a 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 attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 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. 3. 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 City of Port Orchard and Transportation Solutions Inc, Professional Service Agreement Contract No, CO28-21 8of10 Page 29 of 317 Back to Agenda 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. S. 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. b. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON By; Robert Putaansu ,,Mayor ATTEST/AUT ATL': By: mearson, MMC City Clerk APPROVED AS TO FORM: By, Charlotte A. Arche ;,,QiVA _ SEA- .� C. b o 'AS�� City of Port Orchard and Transportation Solutions Inc, Professional Service Agreement Contract No. CO28-21 CONSULTANT By; _ Name: Victor Salemann. PE Title: Principle 9of10 Page 30 of 317 Back to Agenda APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. 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); o 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 Federallyfunded 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; o. 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 Transportation Solutions Inc. Professional Service Agreement Contract No. CO28-21 10 of 10 Page 31 of 317 Transportation Solutions INNOVATIVE I PRACUCAI. I CQUITABLE TO: K. Chris Hammer, PE, PMP City of Port Orchard FROM: Andrew Bratlien, PE SUBJECT: On -Call Transportation Analysis Scope of Services Back to Agenda Scope of Services January 20, 2021 This memorandum documents the scope of services for on -call transportation modeling, analysis, and traffic -related consulting for the City of Port Orchard, SCOPE OF SERVICES Each item of work under this Agreement will be provided by task assignment. Each assignment will be individually negotiated with the Consultant. The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by Port Orchard. Port Orchard is not obligated to assign any specific number of tasks to the Consultant, and Port Orchard's and the Consultant's obligations hereunder are limited to tasks assigned in writing. Task assignments made by Port Orchard shall be issued in writing by a Task Order Document similar in format to Attachment 1. Task assignments using Federal Funding will require a full Local Agency Standard Consultant Agreement as outlined in the Washington State Department of Transportation Local Agency Guidelines. An assignment shall become effective when a Task Order is signed by the Consultant and Port Orchard, except that emergency actions requiring a 24-hour or less response can be handled by an oral authorization. Such oral authorizations shall be followed up with a Task Order Document within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or organizations whose rates were not previously established in the Agreement) shall be provisional and subject to final negotiation and acceptance by Port Orchard. BILLING RATES Services will be billed on a time and material basis according to the billing rates provided in Attachment 2. Transportation Solutions will provide a not -to -exceed fee estimate with each submitted Task Order. SCHEDULE Transportation Solutions will propose a schedule in each submitted Task Order. Attachment 1. Task Order Document Attachment 2. Transportation Solutions Inc. Staff Billing Rates 16932 Woodinville -Redmond Road I Suite A206 I Woodinville, WA 98072 1 425-883-4134 Page 32 of 317 CITY OF FORT ORCHARD 216 Prospect Street Port Orchard, WA 98366 (36o) 874-5533 Back to Agenda TASK ORDER: ON -CALL SERVICES CITY'S PROPOSAL City Task Order No.: Date: City information: City Contact: Department: Phone Number: Email: Consultant Information: Contract Number: Company Name: - Contact Name: Phone Number: Email. On -Call Services Project: Task Name: Site Address Location: Related Permit Number: Company Name: Company Contact Name: Contact Email Address: Task Order Description / Scope of Work: The scope of work is described below: City of Port Orchard Task Order for On -Call Services Page 33 of 317 Back to Agenda CONSULTANT'S RESPONSE Consultant's Project Number: Work Tasks Labor, Materials, Supplies, Equipment, lncidentals) Estimated Hours. Estimated 1R 2. 3• 4• 5• 6. 7. 9= 10. 11. 12. 13. 14. 15 16. 17. 18. 19. 20, 21. Anticipated Completion Date: Total Estimated Budget:: ,Scope APPROVALS of work tasks, time and budget estimates Approved by Consultant: Authorization to Proceed • City of Port Orchard: By: By; - Signature: Signature: Title: Title: Date: Date: Bill to: City of Port Orchard, Accounts Payable, 216 Prospect St., Port Orchard, WA 98366 ap@cityofportorchard.us x City of Port Orchard Task Order for On -Call Services Page 2 of 2 Page 34 of 317 Back to Agenda - Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE Transportation Solutions, Inc. 2021 HOURLY BILLING RATES Name Title Classification HourlyBilling Rate Victor L. Salemann president Engineer Vill $235.00 Kirk Harris Principal Engineer VIII $235.00 David D. Markley Principal Engineer Engineer VII $235.00 Jeffrey P.K. Hee Sr. Trans Engineer Engineer V $168.50 Andrew L. Bratlien Sr.. Trans Engineer Engineer V $168.56 Michelle L.. Mach Sr. Trans Engineer ..Engineer V $180.00 Mike Schaefer Sr. Engineering Tech Drafting Technician 3 $155.00 Sam Garcia Engineer II Engineer II $105.00 Daniel Hodun Engineer I Engineer 1 $100.00 Phil McDonald Sr. Engineering Tech Drafting Technician 3 $145.00 Jennifer Salemann Planner III Trans. Planning Specialist 3 $105.00 Jill Berberich Office Manager Administrative Assistant 5 $115.00 EXPENSES Reimbursable Expenses No Markup Sub -consultant invoices No Markup Billing rates are subject to change during the year to reflect staff changes. Page 35 of 317 City of Port Orchard Council Meeting Minutes Regular Meeting of May 10, 2022 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 Deputy City Clerk as follows: Mayor Pro-Tem Lucarelli Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Trenary 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 Absent Back to Agenda Staff present via remote access: Public Works Director Dorsey, Finance Director Crocker, Police Chief Brown, Community Development Director Bond, City Attorney Robertson, City Clerk Wallace, and Deputy City Clerk Floyd. The meeting also streamed live on YouTube. A. PLEDGE OF ALLEGIANCE (Time Stamp: 0:00:31) Mayor Pro-Tem Lucarelli led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA (Time Stamp: 0:00:51) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the agenda as published. The motion carried. 3. CITIZENS COMMENTS (Time Stamp: 0:01:32) There were no citizen comments. Page 36 of 317 Back to Agenda 1Y 10, 2022 PaRe2of8 4. CONSENT AGENDA (Time Stamp: 0:02:30) A. Approval of Voucher Nos. 83980 through 83985 and 83992 through 84050 including bank drafts in the amount of $229,154.19 and EFTS in the amount of $140,991.92 totaling $370,146.11. B. Approval of Payroll Check Nos. 83986 through 83991 including bank drafts and EFTS in the amount of $227,936.86 and Direct Deposits in the amount of $217,845.05 totaling $445,781.91. C. Adoption of a Resolution Declaring Certain Equipment as Surplus and Authorizing its Disposition (Resolution No. 048-22) D. Approval of the April 26, 2022, City Council Meeting Minutes MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve the consent agenda as presented. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING (Time Stamp: 0:03:13) A. McCormick Woods Phases III, IV, and V Preliminary Plats for the Extension of Term and Revisions to Vested Development Standards Mayor Pro-Tem Lucarelli opened the public hearing, and there being no testimony, closed the public hearing at 6:35 p.m. B. Ordinance Adopting Port Orchard Municipal Code Chapter 20.70 Wireless Communication Facilities, Port Orchard Municipal Code Chapter 20.72 Small Cell Wireless Communication Facilities, and Amending Port Orchard Municipal Code Section 20.39.270 (Time Stamp 0:05:49) Mayor Pro-Tem Lucarelli opened the public hearing at 6:41 p.m. Kim Allen, Wireless Policy Group speaking on behalf of Verizon Wireless, thanked staff for their work on the ordinance, and noted they are very open to feedback and comments from the industry. She spoke to deploying small wireless facilities and macro facilities in Port Orchard to meet the demand on their network. She requested changes in the draft ordinance regarding raising heights of existing utility poles, height restrictions, and height waivers. Meridee Pabst, Wireless Policy Group speaking on behalf of AT&T, said a letter was sent to the Mayor and Council outlining their remaining issues. She voiced concern about the proposed height for raising of existing utility poles and provided a recommended change to the concealed building mounted antennas and height waivers. Lastly, she provided a suggested clarification for the Use Table, Table A. Page 37 of 317 Back to Agenda 1Y 10, 2022 Paee 3 of 8 Robin raised her hand to speak, and after staff allowed her to speak, she remained muted and could not provide testimony. There being no more testimony, Mayor Pro-Tem Lucarelli closed the public hearing at 6:52 p.m. C. McCormick West Development Agreement for the Extension of Term and Revisions to Vested Development Standards (Time Stamp 0:22:17) Mayor Pro-Tem Lucarelli opened the public hearing, and there being no testimony, closed the public hearing at 6:53 p.m. D. Haven Townhomes Development Agreement for Transportation Impact Fee Credits (Time Stamp 0:23:54) Mayor Pro-Tem Lucarelli opened the public hearing at 6:56 p.m. Brianne Kelsey with Tarragon, speaking on behalf of the applicant Sidney Road Townhomes, LLC, thanked staff and council for expeditiously moving forward with this item. She voiced support for the development agreement and spoke about the project which included a park, amenity building with gathering spaces, on -site leasing, playground, dog parks, community gardens and walking paths. She explained timelines and costs of the project. There being no more testimony, Mayor Pro-Tem Lucarelli closed the public hearing at 6:59 p.m. 7. BUSINESS ITEMS (Time Stamp: 0:29:31) A. Adoption of an Ordinance Adopting Port Orchard Municipal Code Chapter 20.70 Wireless Communication Facilities Community Development Director Bond noted he is recommending moving forward with the ordinance as presented. MAIN MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance adopting Chapter POMC 20.70 Wireless Communication Facilities. Councilmember Diener suggested continuing with the public hearing as Robin was not able to provide public testimony earlier. In response to Councilmember Diener, Community Development Director mentioned there is one pending application for a conditional use permit for a wireless communication facility. The sooner this ordinance is in place the more likely Council is not to have vesting issues under the building code. Additionally, this is the second public hearing on this topic. Page 38 of 317 Back to Agenda 1Y 10, 2022 Page 4 of 8 In response to Councilmember Rosapepe, Community Development Director Bond spoke to the request of raising the heights of utility poles from 15 feet to 25 feet and voiced concerns of the request. Councilmembers Diener and Clauson voiced their support of the 25-foot request. AMENDED MOTION: By Councilmember Diener, seconded by Councilmember Trenary, that section 20.70.120 Utility Pole Co -Location would read Height: The height of a utility pole co -location is limited to 25 feet above the replace utility pole, and may not be greater than 65 feet in height in residential zones. The amended motion carried. The main motion carried. (Ordinance No. 014-22) B. Adoption of an Ordinance Adopting Port Orchard Municipal Code Chapter 20.72 Small Cell Wireless Communication Facilities and Amending Port Orchard Municipal Code Section 20.39.270 (Time Stamp: 0:44:29) MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt an ordinance adopting Chapter POMC 20.70 [20.72 Small Cell] Wireless Communication Facilities. The motion carried. (Ordinance No. 015-22) C. Adoption of an Ordinance Approving a Development Agreement for the Haven Townhomes Project for Transportation Impact Fee Credits (Time Stamp 0:46:16) MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt an ordinance authorizing the mayor to execute a development agreement with Sidney Road Townhomes, LLC as presented. The motion carried. (Ordinance No. 016-22 and Agreement No. 070-22) D. Adoption of an Ordinance Approving a Grant Agreement with the State of WA TIB for Improvements to Pottery Road (Time Stamp 0:52:20) MOTION: By Councilmember Cucciardi, seconded by Councilmember Trenary to adopt an ordinance authorizing the mayor to execute a contract with the State of Washington Transportation Improvement Board for the Pottery Road Non -Motorized Improvement in the grant amount of $650,000. Page 39 of 317 Back to Agenda 1Y 10, 2022 PaRe5of8 The motion carried. (Ordinance No. 017-22 and Agreement No. 071-22) E. Adoption of an Ordinance Approving a Contract with the WA State Department of Transportation for the Bay Street Pedestrian Pathway West Situational Study (Time Stamp 0:57:06) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to adopt Ordinance No. 009-22, authorizing the mayor to execute Contract No. C044-22 (WSDOT LA 10296) with the Washington State Department of Transportation for the Bay Street Pedestrian Pathway West — Situational Study in the grant amount of $490,000. Councilmember Chang explained he is a Department of Transportation employee and will recuse himself if anyone believes there is a conflict. No one voiced any concerns. The motion carried. (Ordinance No. 009-22 and Contract No. 044-22) F. Adoption of a Resolution Approving a Contract with Olson Brothers Pro -Vac, LLC for the 2022 Stormwater Catch Basin and Pipe Maintenance Project (Time Stamp 1:02:16) MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to adopt Resolution No. 046-22, authorizing the mayor to execute Contract No. C049-22 with Olson Brothers Pro -Vac, LLC for the 2022 Stormwater Catch Basin and Pipe Maintenance Project in the amount of $57,125.71. The motion carried. G. Adoption of a Resolution Approving a Contract with Makers Architecture and Urban Design LLP for Development of a Housing Action Plan (Time Stamp 1:05:04) MAIN MOTION: By Councilmember Diener, seconded by Councilmember Chang, to adopt a resolution authorizing the mayor to execute a contract with Makers Architecture and Urban Design to develop a Housing Action Plan consistent with the requirements established in the Washington State Department of Commerce Interagency Agreement as presented. In response to Councilmember Cucciardi, Community Development Director Bond explained the proposed scope of work and noted the contract can be updated to lump sum instead of time and materials if that is the Council's recommendation. AMENDED MOTION: By Councilmember Cucciardi, seconded by Councilmember Clauson, to change time and materials to lump sum of $75,000 for the complete body of work. Page 40 of 317 Back to Agenda 1Y 10, 2022 PaRe6of8 The amended motion carried. The main motion carried. (Resolution No. 049-22 and Contract No. 069-22) H. Adoption of a Resolution Authorizing the Purchase of a Body -Worn Camera System for the Police Department (Time Stamp 1:13:11) MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to adopt a resolution authorizing the purchase of twenty-five (25) body -worn cameras, plus associated hardware, software, and a five-year maintenance agreement, from Axon Enterprise, Inc. through Sourcewell Contract No. 010720-AXN, for a total purchase price of $326,804.94 (applicable tax included). The motion carried. (Resolution No. 050-22 and Contract No. 072-22) I. Approval of Amendment No. 3 to Contract No. 082-19 with Kitsap Public Facility District for the Community Event Center Project (Time Stamp 1:18:15) MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve Amendment No. 3 to Contract 082-19 with Kitsap Public Facilities District. The motion carried. J. Approval of a 2-Day Use of Parking Lot No. 4: Fathoms O' Fun Pirates Rendezvous (Time Stamp 1:22:10) MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the 2-day use of Parking lot No. 4 for the Fathoms O' Fun Pirates Rendezvous event scheduled for Sunday, May 29, to Monday, May 30, 2022, as presented. The motion carried. K. Approval of Road Closures for a Special Event: Fathoms O' Fun Grand Parade (Time Stamp 1:24:51) MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the road closures for the Fathoms O' Fun Festival 53rd Annual Grand Parade event scheduled for Saturday, June 25, 2022, as presented as well as approving the use of Lot 4 for a 2-day vendor show to be held June 25 and June 26, 2022. The motion carried. Page 41 of 317 Back to Agenda 'Y 10, 2022 Page 7 of 8 L. Approval of the April 19, 2022, Work Study Session Meeting Minutes (Time Stamp 1:28:29) MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi, to approve the Council Meeting Minutes of the study session for April 19, 2022. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) (Time Stamp: 1:29:15) A. Continued: Veterans Park City Attorney Robertson reported the code enforcement officer is currently out of town so a robust report will be provided along with photos showing the recent successful cleanup at the next Council meeting. Council Direction: No direction was given to staff. 9. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:30:03) Councilmembers Trenary and Cucciardi reported the Economic Development and Tourism Committee is scheduled to meet June 14tn Councilmember Clauson reported the Finance Committee is scheduled to meet May 17tn Councilmember Chang reported the Transportation Committee is scheduled to meet May 24tn Mayor Pro -Tern Lucarelli reported the Festival of Chimes and Lights Committee is scheduled to meet May 16t". The Sewer Advisory Committee is scheduled to meet May 18tn Councilmember Diener reported the Land Use Committee is scheduled to meet May 18tn 10. REPORT OF MAYOR There was no report of the mayor. 11. REPORT OF DEPARTMENT HEADS (Time Stamp 1:31:53) There were no reports from the department heads. 12. CITIZEN COMMENTS (Time Stamp: 1:32:52) There were no citizen comments. Page 42 of 317 Back to Agenda 1Y 10, 2022 PaRe8of8 13. GOOD OF THE ORDER (Time Stamp: 1:33:11) Councilmember Rosapepe talked about growth and foresight to keep things moving forward and vibrant with projects like the pedestrian pathway. Mayor Pro-Tem Lucarelli spoke about her hometown and how they have been working on waterfront improvements and pathways. Long-range planning is very important. 14. EXECUTIVE SESSION No executive session was held. 15. ADJOURNMENT The meeting adjourned at 8:06 p.m. No other action was taken. Audio/Visual was successful. Brandy Wallace, MMC, City Clerk Cindy Lucarelli, Mayor Pro-Tem Page 43 of 317 ;0 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6A Subject: Ordinance Amending Port Orchard Municipal Code Chapter 20.182 for Consistency with the Interlocal Agreement with South Kitsap School District and Updating the Park Impact Fee Rate Schedule Back to Agenda Meeting Date: May 24, 2022 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: The City is considering an update to Port Orchard Municipal Code (POMC) 20.182 for two purposes. The first is to update the chapter to be consistent with the Interlocal Agreement between the City and the South Kitsap School District concerning the procedures for the administration and collection of school impact fees. The second reason is to update the Park Impact Fee rate schedule to reflect the recently updated Parks, Recreation, and Open Space Plan. The proposed updates concerning the process for collecting school impact fees includes: • Identifying that the DCD Director is responsible for administering the chapter. • Clarifying that the City is to calculate the school impact fees for any development project. • Specifying that it is up to the School District to propose an impact fee schedule (or amendments thereto). • Removing references to the Superintendent including for the processing of impact fee credits. • Specifying the use of Development Agreements for the issuance of impact fee credits. • Allowing for bonds in conjunction with impact fee credits. • Clarifying that these fees be paid to the City who will then transfer funds to the school district. The proposed update to the Parks Impact Fee schedule was based on City Council discussions at the April 19, 2022 Work Study meeting. At that meeting, the City Council directed staff to bring forward an ordinance specifying that 70% of the capital cost of the City's Park system be funded with impact fees. The result was that the current fees of $811 per single family home and $584 per multi -family unit would increase to $6,658 per single family home and $4,689 per multifamily units in a building with five or more units. There are also rates listed in the attached schedule for Accessory Dwelling Units, duplexes, tri- and quadplex, and manufactured homes. The proposed fee schedule is based on average occupancy (persons per household) as provided by the Office of Financial Management (OFM) for the City of Port Orchard. The cost of maintaining Existing Level of Service (ELOS) per resident is $3,349. This calculation is found in Appendix D of the PROS Plan (Page 19). This ELOS per resident figure is multiplied by the OFM persons per household number for building types in Port Orchard. Then this number is reduced by 30% because the City would be making it a policy that 70% of the Page 44 of 317 "••hlic Hearing 6A Back to Agenda page 2 of 2 total cost of maintaining ELOS be paid by new development. The City has the discretion to adjust this 70% number anywhere from 0% up to 99%, but per the City's consultant, the City cannot charge 100% of the cost of maintaining ELOS to new development. Relationship to Comprehensive Plan: The Parks Plan was recommended for approval by the Planning Commission as an amendment to the Comprehensive Plan on May 3, 2022. The Parks Plan will be considered for adoption by the City Council on June 14th as part of the 2022 Comprehensive Plan Amendments, prior to consideration of the Impact Fee Ordinance. The changes to chapter 20.182 concerning school impact fees processes are consistent with the City's Comprehensive Plan and the Growth Management Act. Recommendation: Staff recommends that the City Council hold a public hearing on the proposed impact fee ordinance as presented. Motion for consideration: N/A Fiscal Impact: Increasing the City's Park Impact fee will generate revenues that supports the buildout of the City's parks in accordance with the PROS Plan. Alternatives: None. Attachments: Ordinance, Park Impact Fee Schedule, and Appendix D to the PROS Plan. Page 45 of 317 Back to Agenda ORDINANCE NO. XXX-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARK AND SCHOOL IMPACT FEES, AMENDING CHAPTER 20.182 OF THE PORT ORCHARD MUNICIPAL CODE, AMENDING SECTIONS 20.182.020, 20.182.070, 20.182.080, 20.182.090, 20.182.100, 20.182.110, 20.182.120, 20.182.130 TO UPDATE THE CALCULATION, COLLECTION AND DISTRIBUTION PROCEDURES FOR SCHOOL IMPACT FEES TO MAKE CONSISTENT WITH THE INTERLOCAL AGREEMENT BETWEEN PORT ORCHARD AND SOUTH KITSAP SCHOOL DISTRICT AND MAKING HOUSEKEEPING AMENDMENTS CONSISTENT WITH EXISTING ADMINSTRATIVE PROCEDURES; AMENDING SECTION 20.182.060 OF THE PORT ORCHARD MUNICIPAL CODE TO PROVIDE FOR ANNUAL CPI-U ADJUSTMENTS TO PARK IMPACT FEES; ADDING A NEW SECTION 20.182.128 TO THE PORT ORCHARD MUNCIPAL CODE TO IDENTIFY THE PARKS RECREATION AND OPEN SPACE PLAN AS THE CAPITAL PLAN FOR PARKS; ADOPTING A NEW PARK IMPACT FEE SCHEDULE; PROVIDING FOR SEVERABILITY AND CORRECTION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A RCW and related sections ("GMA") requires the City to adopt a Comprehensive Plan that provides adequate public facilities to serve development; and WHEREAS, counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing or system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees; and WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for public streets and roads, publicly owned parks, open space, and recreation facilities, and school facilities, and fire protection facilities; and WHEREAS, the City of Port Orchard has adopted transportation, school, and park impact fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC) and Appendices A-C in Exhibit 1 of Ordinance 019-17, as amended by Ordinance 007-21; and WHEREAS, the City Council finds that new development activity in the City of Port Orchard will create additional demand and need for public facilities; and Page 1 of 11 1580933.2 - 366922 -0032 Page 46 of 317 No. OXX Back to Agenda 2 of 17 WHEREAS, the City of Port Orchard has previously adopted a park impact fee program pursuant to the authority provided in Chapter 82.02 RCW; and WHEREAS, the City of Port Orchard last updated its park impact fee rates in 2011; and WHEREAS, the City spent more than a year studying its parks and recreation system and updating its Parks, Recreation and Open Space (PROS) Plan while also studying the financial strategies and feasibility of funding its parks system; and WHEREAS, that review included public outreach, Planning Commission study and public hearing, as well as study sessions by the City Council; and WHEREAS, on June 14, 2022, the City Council adopted a new Parks, Recreation and Open Space Plan as part of the City's Comprehensive Plan, including updating the capital project lists and capital facilities plan (Ordinance ); and WHEREAS, the City contracted with Beckwith Consulting Group to prepare an updated parks impact fee rate study and recommended impact fee rate, which was provided to the City in April, 2021 (Exhibit A); and WHEREAS, the City has prepared an updated parks impact fee schedule based on the findings and recommendations of the study prepared by Beckwith Consulting Group; and WHEREAS, on April 19, 2022, the City held a work study session on the updated parks impact fee schedule; and WHEREAS, on June 14, 2022, at its regular meeting the City Council considered the updated parks impact fee schedule and the public testimony, and reviewed the ordinance proposed for its adoption; and WHEREAS, the City Council desires to adopt an updated parks impact fee schedule to ensure that all projects on the current parks capital facilities plan receive appropriate impact fee funding per RCW Section 82.02.050; and WHEREAS, on February 9, 2010, the Port Orchard City Council adopted Ordinance No. 001-10 to implement impact fees on behalf of the South Kitsap School District; and WHEREAS, the District and the City have recently negotiated an Interlocal Agreement for how school impact fees will be calculated, collected, and managed; and WHEREAS, the City Council authorized the updated Interlocal Agreement by passage of Resolution No. 017-22 on January 25, 2022 and the Agreement was executed by the City on February 28, 2022; and 1580933.2 - 366922 -0032 Page 47 of 317 No. OXX Back to Agenda 3 of 17 WHEREAS, in order to make the City's impact fee chapter (Chapter 20.182 POMC) consistent with the Interlocal Agreement, updates are needed; and WHEREAS, additional housekeeping amendments are needed to provide consistency with City practices; and WHEREAS, in accordance with RCW 36.70A.106 and WAC 365-196-630, a notice of intent to adopt the proposed new development regulations was sent to the State of Washington Department of Commerce and to other state agencies to allow for an expedited 15-day review and comment period, which comment period ended prior to adoption of this ordinance; and WHEREAS, the City Council conducted a public hearing on the substance of this Ordinance on May 24, 2022, and recommended its adoption by the City Council; and WHEREAS, this Ordinance is exempt from the requirements of the State Environmental Policy Act (SEPA), Chapter 43.21C RCW, and the City's environmental regulations, Chapter 20.160 POMC; and WHEREAS, the City Council finds that the amendments herein are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard; NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as findings in support of this ordinance. SECTION 2. Section 20.182.020 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.020 Applicability and definitions. (1) Chapter 20.184 POMC includes the definitions for this chapter and Chapter 20.180 POMC on concurrency management. The requirements of this chapter apply to all development in the city, as "development" or "development activity" is defined in Chapter 20.12 POMC. (2) Mitigation of impacts on parks and transportation facilities located in jurisdictions outside the city will be required when: (a) The other affected jurisdiction has reviewed the development's impact under its adopted impact fee/mitigation regulations and has 1580933.2 - 366922 -0032 Page 48 of 317 No. OXX Back to Agenda 4 of 17 recommended to the city that there be a requirement to mitigate that impact; and (b) There is an interlocal agreement between the city and the affected jurisdiction specifically addressing impact identification and mitigation. 3) The director of community development shall be responsible for administering this chapter and the impact fee program for the city. SECTION 3. Subsection 20.182.060 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.060 Fee schedules and establishment of service area. (1) Impact fee schedules setting forth the amount of the impact fees to be paid by developers shall be adopted by ordinance of the city council and incorporated herein by this reference. The impact fee schedules may be revised at any time the city council deems just and appropriate. (2) For the purpose of road and park impact fees, the entire city shall be considered one service area. (3) For the purpose of school impact fees, the entire boundary of the school district shall be considered one service area. (4) Transportation and parks impact fees adopted by the city shall each automatically increase annually per CPI-U (All Urban Consumers Index) (1982- 1984=100), not seasonally adjusted, for the Seattle -Tacoma -Bellevue area for that 12- month period from January 1st to December 31st indexed as the annual average, as is specified by the Bureau of Labor Statistics, United States Department of Labor. Increases based on CPI-U shall take effect on March 1st of the following year. SECTION 4. Section 20.182.070 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.070 Calculation of impact fees. (1) Director Calculates the Fees. The director shall calculate the impact fees set forth in Appendices A,. a-r4 B. and C. Such calculation shall include determining the dates at which the impact fees are due and which rates apply. T#e f9kh i^ ppe-R ix CO. The city council shall have the final decision on the establishment of the impact fee schedule to be imposed under this chapter as set forth in Appendices A, B, and C. The school district shall propose to the City its requested impact fee schedule to be imposed under this chapter. including specific rates applicable to different project typeshowever the Council has the authority to establish Appendix C. (2) Factors Used in Impact Fee Calculations. The calculation of impact fees shall 1580933.2 - 366922 -0032 Page 49 of 317 No. OXX Back to Agenda 5 of 17 include the factors identified in RCW 82.02.040 through 82.02.070 and shall: (a) Determine the standard fee for similar types of development, which shall be reasonably related to each development's proportionate share of the cost of projects described in the project list for each type of impact fee. (b) Reduce the proportionate share by applying the benefit factors described in POMC 20.182.080. (3) Proportionate Share. In calculating proportionate share, the following factors shall be considered: (a) Identification of all park, school and transportation facilities that will be impacted by users from development; (b) Identification of the point at which the capacity of a park, school or transportation facility has been fully utilized; (c) Updating of the data as often as practicable, but at least annually; (d) Estimation of the cost of construction of the projects in the project list (see POMC 20.182.120) for roads at the time they are placed on the list; the cost of maintaining the city's level of park service as shown on Appendix B; and the costs relating to the construction of school facilities, and to then update the cost estimates at least annually, considering the: (i) Availability of other means of funding park, school and transportation facilities; (ii) Cost of existing park, school and transportation facility improvements; (iii) Methods by which park, school and transportation facility improvements were financed; and (iv) An adjustment to the cost of the park, school and transportation facilities for past or future payments or reasonably anticipated to be made by new development to pay for particular system improvements in the form of user fees, debt service payments, taxes or other payments earmarked for or proratable to the particular system improvement. SECTION 5. Section 20.182.080 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.080 Credits. (1) Credit Allowed. The director, eF, ;n the case „f seheel impact fees, the 1580933.2 - 366922 -0032 Page 50 of 317 No. OXX Back to Agenda 6 of 17 supeFiRteRd^ A, shall reduce the calculated proportionate share for a particular development by giving credit for the benefit factors described in this section. (2) Procedure for Obtaining Credit, Time to Request Credit. Requests for credits against impact fees will not be considered unless the developer makes the request in writing, concurrent with the submission of the application for the underlying development permit triggering the impact fee. Impact fee credits may only be granted by use of a development agreement in accordance with the procedures contained in Chapter 20.26 POMC. (3) Benefit Factors. The director andeF supeFiRteR eRt will consider the following benefit factors when determining whether an impact fee credit is appropriate: (a) Developer's dedication of land and/or construction of system improvements. The value of any dedication of land for, improvement to, or new construction of any system improvements provided by the developer, to facilities required by the city that are identified in the capital facilities plan and that are required by the city as a condition of approving the development activity, as long as the following conditions are satisfied. For school impact fees, toe supeFiRteRdem_ shall ,.,,As;,-... the director shall consult with the superintendent in considering the value of any dedication of land provided by the developer identified in the school district's capital facilities plan as long as the following conditions are satisfied to the extent applicable: (i) The system improvements are located on land owned by the city (or in the case of school impact fees, by the school district), and (ii) A designated public owner is responsible for permanent, continuing maintenance and operation of the system improvements; and (iii) The director determines that the system improvements correspond to the type(s) of park, a44d-transportation, or school system improvements that are reasonably related to the development as determined pursuant to this chapter; (iv) The director determines, after consultation with the school district, as applicable, and after an analysis of supply and demand data, the parks, open space and recreation plan, the six -year road plan and the adopted park and transportation plan, that the proposed park and transportation system improvements better meet the city's need for park and transportation system improvements than would payment of funds to mitigate the park 1580933.2 - 366922 -0032 Page 51 of 317 No. OXX Back to Agenda 7 of 17 and transportation impacts of the development; (v) In the determination of credit toward the impact fee, the director er the s ;per-inte„deRt shall also consider the extent to which the proposed dedication or conveyance meets the following criteria: (A) The land should result in an integral element of the city park/road system or in the school system, (B) The land is suitable for future park, school and/or transportation facilities; (C) The land is of appropriate size and of an acceptable configuration; (D) The land has public access via a public street or an easement of an equivalent width and accessibility; (E) The land is located in or near areas designated by the city or county on land use plans for park, trail or recreational purposes, or, in the case of schools, is appropriately located for school facilities; (F) The land provides linkage between county and/or other publicly owned recreation and transportation properties; (G) The land has been surveyed or adequately marked with survey monuments, or is otherwise readily distinguishable from adjacent privately owned property; (H) The land has no known physical problems associated with it, such as the presence of hazardous waste, drainage erosion or flooding problems which the director or superintendent determines would cause inordinate demands on public resources for maintenance and operation; (1) The land has no known safety hazards; (J) The developer is able to provide documentation, as nearly as practicable, of the land's compliance with the criteria of this subsection, and of clear title; (K) The developer is able to provide and fund a long-term method, acceptable to the director eF swpeFinteRdent, for the management and maintenance of the land, if 1580933.2 - 366922 -0032 Page 52 of 317 No. OXX Back to Agenda g of 17 applicable. (4) Requirement for System Improvement Plan by City. When the director has agreed to a developer's proposal to satisfy some or all of the impact fee through the purchase, installation and/or improvement of park and/or transportation and/or school facilities, the developer shall prepare and submit a system improvement plan to the director for approval prior to recordation of a plat or short plat for subdivisions, and prior to issuance of a building permit for all other developments. (5) Statutory Benefit Factors. The director eF s peFiRteRdeRt may consider any applicable benefit factors, as described in RCW 82.02.060 (as it now exists or may hereafter be amended), that are demonstrated by the applicant not to be included in the calculation of the impact fee. (6) Amount of Credit. The credit against the impact fee shall be equal to the fair market value of the purchased/dedicated property or equal to the cost of the completed system improvements. In those situations in which a developer has not yet installed or constructed system improvements and requests a credit for the system improvement(s), the city engineer shall estimate the cost of the system improvements, which shall be the credit allowed to the developer in the decision on the amount of the impact fee. If a credit is granted for a system improvement that has not been constructed, the developer shall pay the full impact fee without the credit, at the time established in POMC 20.182.110, provided however that if the developer posts a performance bond to ensure completion of the system improvement and/or to secure the payment of the impact fees. the City may allow the payment of the impact fees to be deferred until the system improvement is completed and the final maximum impact fee credit has been calculated. If the developer opts to pay the impact fees rather than post a bond, then after the After construction and/or installation of the system improvement, the developer may request the credit granted by the city engineer under this subsection, and the city shall refund the difference of the impact fee to reflect the credit; provided, that if the city and the property owner have entered into a development agreement on or before the effective date of the ordinance codified in this section, and the agreement requires the construction of such improvements, the city may allow a credit to be subtracted from the impact fee paid at the time established in POMC 20.182.110. (7) PRDs, PUDs and Mobile Home Parks. A developer of a planned residential development, a planned unit development, or a mobile home park may receive credit only for park, school and transportation facilities provided in addition to those normally required under SEPA for such developments, pursuant to the city's SEPA ordinance (Chapter 20.160 POMC). (8) Credit to Apply Proportionately to Units. The amount of credit determined 1580933.2 - 366922 -0032 Page 53 of 317 No. OXX Back to Agenda g of 17 pursuant to this section shall be credited proportionately among all the units in the development, and the impact fee for each unit for which a permit or approval is applied shall be reduced accordingly. (9) Limits on Credit Requests. Applicants may not request that an impact fee credit be provided for a proposed development based on taxes, user fees, assessments, improvements, payments or other benefit factors applicable to property that is not included within the proposed development. Credit to be paid back by the city or the school district to a developer under this section shall not exceed the total amount of the impact fees paid by the developer. (10) Local Improvement Districts. Applicants shall receive credit against the impact fee equal to the amount of an LID assessment paid for transportation - related system improvements identified by the director as increasing transportation system capacity. (11) Appeals of Credits. The director ^F s peFiRtepde^+ shall issue a written decision on the developer's request for a credit of the impact fee calculation, which shall explain why the credit was granted or denied. The developer may request reconsideration and appeal the impact fee amount and credit pursuant to POMC 20.182.160. If the procedures in POMC 20.182.160 are not timely followed to request an appeal of the credit, the director's eF supeFiRteA ,PAYS decision on the impact fee credit shall be final. SECTION 6. Section 20.182.090 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.090 Variation from impact fee schedule. With respect to the transportation or park impact fee, if a developer submits information demonstrating a significant difference between the age, social activity or interest characteristics of the population of a proposed subdivision or development and the data used to calculate the impact fee schedule, the director may allow a special calculation of the impact fee requirements for the subdivision or development to be prepared by the developer's consultant, at the developer's cost; provided, that: the director shall have prior approval of the qualifications and methodology of the developer's consultant in making such calculation, and any time period mandated by statute or ordinance for the approving authority's final decision on the development shall not include the time spent in preparing the special calculation. Whether the director accepts the data provided by the special calculation shall be at the discretion of the director. With respect to a school impact fee, if a developer submits evidence demonstrating that a development has obtained approval of an age -restricted 1580933.2 - 366922 -0032 Page 54 of 317 No. OXX Back to Agenda 0 of 17 development in accordance with applicable federal regulations or that a development has recorded a covenant against the development prohibiting occupancy of the development by a population who are not eligible to attend schools within the school district, the director swpeFiRteRd^^+ may allow a special calculation of the impact fee requirement for the development after consultation with at the disc--,-^+;,,n „f the superintendent of the school district. SECTION 7. Section 20.182.100 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.100 Payment of fees. (1) All applicants for development, including changes in use, shall pay an impact fee in accordance with the provisions of this chapter which shall be calculated by the city ^F s^heel dirt -Fir+ at the time that the building or other applicable permit is ready for issuance. Applicants/developers may choose to pay impact fees or a portion thereof prior to the city's issuance of a building permit other applicable permit, or change in use, but if the early payment is less than the fee calculated at the time the building or other applicable permit is ready for issuance or the change in use takes effect, the applicant/developer shall pay the difference. If the early payment is more than the fee calculated at the time the building permit or other applicable permit is ready for issuance or the change of use takes effect, the city or school district shall refund the difference. (2) The impact fee shall be recalculated if the development is modified or conditioned in such a way as to alter park, school or transportation impacts for the development. (3) A developer may obtain a preliminary determination of the impact fee before submitting an application for the development permit or use change by providing the director ^F supeFiRtei; ent with the information needed for processing together with the applicable fee. Such determinations are provided to the developer as estimates only, and they are not binding on the city, given the limited information needed to calculate the preliminary impact fee amount and the fact that the city or school district annually updates the project list and impact fee schedule. In addition, impact fees are not subject to the vested rights doctrine, and the fee actually paid by the developer will be the impact fee in effect at the time of building or other applicable permit issuance or change of use, regardless of any preliminary determinations unless otherwise agreed by development agreement or impact fee credit agreement. SECTION 8. Section 20.182.110 of the Port Orchard Municipal Code is hereby amended to read as follows: 1580933.2 - 366922 -0032 Page 55 of 317 No. OXX Back to Agenda 1 of 17 20.182.110 Time of payment of impact fees. (1) Payment of any required impact fees shall be made as a condition of the issuance of a building permit or a stormwater permit, except as provided in subsection (4) of this section. School actfeeS s,h-all-bepaid to the seheel ,distFiet i d aR the ,deyel.,.shalleF shall pt the r pt a pFeef of .,-....v eRt th h 1 rdi +.-iet to the city f9F ' f the b �i1diRg + �cnvvraT,`Tcrn, c co crn- cr��-vr-ia��ci'a'rrcc�rcrr��rrSp•c�ii'm� (2) Impact fees may be paid under protest in order to obtain the necessary permits/approvals until an appeal of the fee amount is finally resolved. (3) When a subdivision or development is conditioned upon the dedication of land, or the purchase, installation or improvement of park, school and/or transportation facilities, a final plat or short plat shall not be recorded, and a building permit within such plat or development shall not be issued until: (a) The director has determined in writing that the land to be dedicated is shown on the face of the final plat or short plat, or a deed conveying the land to the city, the school district or special purpose district, as appropriate, has been recorded with the county auditor; and (b) The director has determined in writing, after consultation with the designated public owner responsible for permanent, continuing maintenance and operation of the facilities that the developer has satisfactorily undertaken or guaranteed to undertake in a manner acceptable to the director or superintendent, any required purchase, installation or improvement of school, park or transportation facilities. (4) Deferral of Payment of Impact Fees. Payment of impact fees for single-family attached or single-family detached residential dwelling units may be deferred only until issuance of certificate of occupancy or equivalent certification, pursuant to RCW 82.02.050(3), subject to the following provisions: (a) Each applicant, in accordance with his or her contractor registration number or other unique identification number, is entitled to annually receive deferrals under this section for the first 20 single-family residential construction building permits per city. Any single-family residential building construction permits beyond 20 for the same applicant are subject to payment of impact fees at the time of building permit issuance as required by subsection (1) of this section. (b) A request for deferral must be submitted prior to issuance of a building permit. (c) Application for deferral must be made on a form provided by and acceptable to the city and must include the following information and fees: 1580933.2 - 366922 -0032 Page 56 of 317 No. OXX Back to Agenda 2 of 17 (i) Name, address, telephone number and email address of the applicant. (ii) The specific address, legal description and tax identification number of the single-family dwelling for which deferral is being requested. (iii) The building permit application number associated with the requested deferral. (iv) The registration number or other unique identification number for the contractor that will be building the structure. (v) A statement by the contractor describing how many deferrals have been granted during the current year for said contractor, describing how many have been requested during the current year, and attesting that the number provided and/or requested is less than 20 for the current calendar year. (vi) Applicable fees for processing the application and for future monitoring of the deferred payment of impact fees are required in addition to fees required by this chapter. Deferral application fees shall include: (A) Minimum of four hours base administration fee, at the hourly staff rate required by the development fee schedule adopted in the city's fee resolution, and payable at the time of application submittal. (B) Minimum of four hours administration fee at the current hourly staff rate to cover additional time spent processing of final payment of impact fees, including but not limited to preparation of lien release documents, payable before the lien release document shall be released to the applicant. (d) No more than one single-family dwelling may be included on a single application for impact fee deferral. (e) Impact fees shall be calculated on the fees in place at the time that the applicant applies for a deferral. (f) Impact fees deferred under this section are due no later than the following events, whichever occur first: (i) Issuance of certificate of occupancy or equivalent certification for the single-family dwelling; or 1580933.2 - 366922 -0032 Page 57 of 317 No. OXX Back to Agenda 3 of 17 (ii) Eighteen months from the date of the building permit issuance. (g) An applicant seeking a deferral under this subsection must grant and record a deferred impact fee lien against the property in favor of the city of Port Orchard. The deferred impact fee lien must include the legal description, tax account number, and address of the property, and must also be: (i) In a form approved by the city attorney which ensures that it is binding on all successors on the title to the property after recordation, (ii) Signed by all owners of the property, with all signatures acknowledged as required for a deed, and recorded with the Kitsap County auditor's office; and (iii) Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees. (h) The city may withhold a certificate of occupancy or equivalent certification until the impact fees are paid in full. Upon receipt of final payment of all deferred impact fees for a property, and upon payment of all applicable administration fees in the city's fee resolution, the city must execute a release of deferred impact fee lien for the property. The property owner at the time of the release, at his or her expense, is responsible for recording the lien release. (i) Foreclosure Proceedings. If impact fees are not paid in accordance with a deferral authorized by this section, the city may institute proceedings to enforce the lien in accordance with Chapter 61.12 RCW. (j) Obligation to Pay. The extinguishment of a deferred impact fee lien by the foreclosure of a lien having priority does not affect the obligation to pay the impact fees as a condition of issuance of certificate of occupancy or equivalent certification. (k) Deferral Process Not Subject to Review Proceedings. Per RCW 36.70B.140(2), the processing of an impact fee deferral application is not subject to the project permit review requirements of Chapter 36.7013 RCW. SECTION 9. Section 20.18.120 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.120 Project list. (1) The director shall annually review the city's parks, open space and recreation plan, the six -year road plan and the projects listed in Appendices A and B and 1580933.2 - 366922 -0032 Page 58 of 317 No. OXX Back to Agenda 4 of 17 shall: (a) Identify each project in the comprehensive plan that is growth -related and the proportion of each such project that is growth -related; (b) Forecast the total money available from taxes and other public sources for park and transportation improvements for the next six years; (c) Update the population, building activity and demand and supply data for park and transportation facilities and the impact fee schedule for the next six -year period; (d) Calculate the amount of impact fees already paid; (e) Identify those comprehensive plan projects that have been or are being built but whose performance capacity has not been fully utilized. (2) The director shall use this information to prepare an annual draft amendment to the fee schedule in Appendices A and B, which shall comprise: (a) The projects in the comprehensive plan that are growth -related and that should be funded with forecast public monies and the impact fees already paid; and (b) The projects already built or funded pursuant to this chapter whose performance capacity has not been fully utilized. (3) The city council, at the same time that it adopts the annual budget and appropriates funds for capital improvement projects, shall, by separate ordinance, establish the annual project list by adopting, with or without modification, the director's draft amendment. (4) Once a project is integrated into the fee schedule in Appendices A and B, a fee shall be imposed on every development until the project is removed from the project list by one of the following means: (a) The city council by ordinance removes the project from the project list and Appendix A and/or B, in which case the fees already collected will be refunded if necessary to ensure that impact fees remain reasonably related to the park and transportation impacts of development that have paid an impact fee; provided, that a refund shall not be necessary if the council transfers the fees to the budget of another project that the council determines will mitigate essentially the same park and transportation impacts; or (b) The capacity created by the project has been fully utilized, in which case the director shall remove the project from the project list. 1580933.2 - 366922 -0032 Page 59 of 317 No. OXX Back to Agenda 5 of 17 (5) The school district shall annually review and update its capital facilities portion of the city's comprehensive plan and submit such updated plan to the city by July 1st of each year. The school district's updated capital facilities plan shall identify projects that are growth -related, include the amount of school impact fees paid, calculate the impact fees as required by RCW 82.02.050 through 82.02.090, and may include a proposed school impact fee schedule adjustment to Appendix C, for consideration by and adoption by the city council in its sole discretion. SECTION 10. A new Section 20.182.128 is hereby added to the Port Orchard Municipal Code to read as follows: 20.182.128 Designation of capital facilities plan for parks. The city designates the Parks Recreation and Open Space Plan (PROS Plan) as the city's comprehensive capital facilities plan for the purpose of identifying the proposed parks improvement projects reasonable and necessary to meet the future development needs of the service area consistent with the city's level of service policy, as required by RCW 82.02.050. The PROS Plan identifies the specific subset of parks improvements in the impact fee project list that forms the basis for the parks impact fee program. SECTION 11. Section 20.182.130 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.130 Funding of projects. (1) An impact fee fund is hereby created for parks and transportation fees. Separate accounts shall be established for each fee type. The school district shall be responsible for the creation of its own impact fee fund and shall be solely responsible for the deposit of fees in such fund following transfer from the city, and the calculation/use/refund of such fees. The school district shall manage its impact fee funds in accordance with State law and the Interlocal Agreement between the school district and the city. The director shall be the manager of the city's fund. The city shall place park and transportation impact fees in appropriate deposit accounts within the impact fee fund. (2) The parks and transportation impact fees paid to the city shall be held and disbursed as follows: (a) The fees collected for each project shall be placed in a deposit account within the impact fee fund, with the exception of school impact fees, which shall be collected by the seheel dT` riet city and then transferred to the school district for deposit into the school district impact fee fund; (b) When the council appropriates capital improvement project (CIP) 1580933.2 - 366922 -0032 Page 60 of 317 No. OXX Back to Agenda 6 of 17 funds for a park or transportation project on the project list, the park or transportation fees held in the impact fee fund shall be transferred to the CIP fund. The nonimpact fee monies appropriated for the project shall comprise both the public share of the project cost and an advancement of that portion of the private share that has not yet been collected in park or transportation impact fees; (c) The first money spent by the director on a project after a council appropriation shall be deemed to be the fees from the impact fee fund; (d) Fees collected after a project has been fully funded by means of one or more council appropriations shall constitute reimbursement to the city of the funds advanced for the private share of the project. The public monies made available by such reimbursement shall be used to pay the public share of other projects; (e) All interest earned on impact fees paid shall be retained in the account and expended for the purpose or purposes for which the impact fees were imposed. (3) Projects shall be funded by a balance between impact fees and public funds, and shall not be funded solely by impact fees. (4) Impact fees shall be expended or encumbered for a permissible use for 10 years after receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than 10 years. The director may recommend to the council that the city hold park or transportation fees beyond 10 years in cases where extraordinary or compelling reasons exist. Such reasons shall be identified in written findings by the council. The superintendent of the school district shall prepare written findings evidencing such extraordinary or compelling reason for fees to be held longer than 10 years which findings shall be approved by the board of directors of the school district. (5) The school district and the director shall prepare an annual report on the impact fee accounts showing the source and amount of all monies collected, earned or received and system improvements that were financed in whole or in part by impact fees. The school district shall be responsible for compliance with RCW 82.02.070. SECTION 12. Adoption of Parks Impact Fee Schedule. In accordance with POMC 20.182.060, the City Council hereby adopts a new parks impact fee schedule which is attached to this Ordinance as Exhibit A and incorporated herein by this reference as if set forth in full. This parks impact fee schedule shall become effective on the effective date established in Section 16 below and shall replace and supersede any previously adopted parks impact fee schedule. No other Impact Fee Schedules (transportation or school district) are modified by this Ordinance. 1580933.2 - 366922 -0032 Page 61 of 317 No. OXX Back to Agenda 7 of 17 SECTION 13. Section 12 of this Ordinance is deemed of special effect and shall not be codified. SECTION 14. Effective Date of New Park impact Fee Schedule. The Park Impact Fee Schedule which is adopted pursuant to Section 12 of this Ordinance shall take effect and be in full force and effect on 12:01 AM on August 1, 2022. SECTION 15. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 16. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance, including but not limited to the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 17. Effective Date. This ordinance shall be posted and published as required by law and shall be effective and in full force five (5) days following publication. A summary of this ordinance may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this _ day of , 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: , Councilmember 1580933.2 - 366922 -0032 Page 62 of 317 Appendix A to Ordinance No. XXX-22 1 April 2022 Park Impact Fee Schedule Housing product Single-family Accessory Dwelling Unit Duplex Tri and Quadplex Multiplex - 5 or more units Manufactured homes Back to Agenda Impact ELOS/ Persons/ Percent fee/ person unit charged unit $3,349 2.84 70% $6,658 $3,349 1.00 70% $2,344 $3,349 2.05 70% $4,806 $3,349 2.01 70% $4,712 $3,349 2.00 70% $4,689 $3,349 2.37 70% $5,556 Sources: ELOS Value - Port Orchard Park, Recreation, & Open Space (PROS) Plan, 2021 Persons/type housing unit - OFM 2021, ADU Based on City Estimate Page 63 of 317 Park, recreation, and open space land and facility demands can be estimated using population ratios, participation models, level -of - service (LOS) measurements, and/or questionnaire survey methodologies. Ratios The demand for park, recreation, and open space land can be estimated using a ratio of a required facility to a standard unit of population, such as 3.1 acres of athletic fields and playgrounds per 1,000 residents. The ratio method is relatively simple to compute and can be compared with national or local park, recreation, and open space measurements. However, the method cannot account for unique age, social or interest characteristics that may affect the park, recreation, and open space activity patterns within a specific community. Nor can the method compensate for unique climatic or environmental features that may cause seasonal or geographical variations in park, recreation, and open space use patterns. The ratio method is frequently used to estimate land requirements. However, a number of factors may significantly influence the amount of land a community may wish to set -aside for park, recreation, and open space purposes. Such factors may include the presence of sensitive environments, scenic viewpoints, historical or cultural assets, trailheads, and other features that may increase land set -asides along a non -motorized transportation or trail corridor. The National Recreation & Park Association (NRPA) compiles data on the amount of land and facilities that have developed over time by major parks, recreation, and open space departments across the country. Depending on the agency arrangements within the participating cities, the ratios may or may not include the lands and facilities that are provided by all public sponsors including city, school, county, state, federal agencies, and private operators within each measuring jurisdiction. Back to Agenda Note - the NRPA began publishing a comprehensive list of ratios in 1985 that have subsequently been updated and qualified to account for local methodologies in the years since. NRPA's most recent data has been published in the 2019 NRPA Agency Performance Review. The 2019 NRPA Agency Performance Review was collected from 1,075 unique park and recreation agencies across the US based on reports between 2016 and 2018 and is published with medians along with data responses at the lower -quartile (lowest 25%) and upper -quartile (highest 25%). The NRPA Park Metrics (formerly PRORAGIS) report compiles the survey data for type, size, geography, and other agency characteristics. The benchmarks used here are based on the NRPA Park Metrics results for agencies serving populations of 15,000-25,000 and the median responses to the 2019 NRPA Agency Performance Review when Park Metrics data is not available. Note - the ratios are based on parks properties and facilities owned by cities and not on a composite ratio that may include other public, nonprofit, and private or school district facilities available for public use. Participation models Park, recreation, and open space facility requirements can also be determined using variations of participation models - refined, statistical variations of a questionnaire or survey method of determining recreational behavior. Participation models are usually compiled using activity diaries, where a person or household records their participation in specific recreational activities over a measurable period of time. The diary results are compiled to create a statistical profile that can be used to project the park, recreation, and open space behavior of comparable persons, households or populations. Port Orchard PROS Plan I 1 Page 64 of 317 Participation models are most accurate when the participation measurements are determined for a population and area that is local and similar enough to the population that is to be projected by the model. The most accurate participation models are usually controlled for climatic region and age, and periodically updated to measure changes in recreational behavior in activities or areas over time. Properly done, participation models can be very accurate predictors of an area's facility requirements in terms that are specific and measurable. However, though accurate, participation models can be somewhat abstract, and if not combined with other methods of gathering public opinion, can fail to determine qualitative issues of an area's demands in addition to a facility's quantitative requirements. For example, an area might provide the exact facility quantities that are required to meet the resident population's park, recreation, and open space demands, such as a mile of walking trail. However, the facility might not be provided with the proper destination, in a quality or safe corridor, or other important, but less measurable aspect that makes the facility quantity effective and the activity a pleasurable experience. The walking trail, for example, might be located in an area of uninteresting scenery and/or in an inaccessible location. This planning effort utilizes the results of the Washington State Recreation & Conservation Office (RCO) surveys for 6 age groups (male and female) for the northeast region of the state (east of the Cascade Mountains) that were accomplished in 2001, 2006, and 2012. The estimates were developed for each activity demand for the peak season periods that would most impact facility capacities and thereby the level of service to local residents. The estimated demands were converted into facility units based on assumed high capacity and turnover rates common to most urban areas of the state. The projected facility unit requirements were then converted into a simple facility unit per 1,000 residents ratio to allow 2 I Port Orchard PROS Plan Back to Agenda comparison with similar ratios developed by the NRPA and found to be the existing facility level -of -service (ELOS) for each activity. Note - participation models can account for facility capacity ratios that may be expressed through management policies or local population preferences concerning volume of use or the degree of crowding that is satisfactory. However, the model cannot account for all Proposed variations in crowding or volume of use that may vary over the length of a trail, season, or by a different user population at the same time. Nor can the model account for communities that may be impacted by tourist or regional users from outside the modeling area. Existing and Proposed level -of -service (ELOS/PLOS) Facility requirements may also be determined by expressing the supply of existing park, recreation, and open space land and facilities as a ratio to the resident existing population (as a unit ratio per 1,000 persons). The existing level -of -service (ELOS) condition or ratio can define an existing standard for each type of park, recreation, and open space provided within the existing inventory. ELOS ratios can be calculated for specialized types of activities for which there are no comparable national or state definitions. Ultimately, department staff with public assistance through telephone or mailed or internet questionnaires can develop Proposed level -of -service (PLOS) ratios for a specific type of facility by determining the quantity that is considered to be surplus or deficient in quantity or condition within the existing inventory. For example, the existing supply of beach trails in a jurisdiction of 10,000 persons may be 20 miles, or an existing level -of -service (ELOS) standard of 2.00 miles per 1,000 persons or population. The public may determine, however, that under present conditions the existing trails are overcrowded and located in areas that are of little interest for beach walking purposes. Ideally, the public would like to add 10 more miles to the existing inventory in order to reduce crowding and provide access to more Page 65 of 317 interesting sites. The proposal would increase the overall supply to 30 miles and the Proposed level -of -service (PLOS) standard to 3.00 miles per 1,000 persons. Note - this plan compares all 3 methodologies. However, the plan considers the ELOS/PLOS comparison approach to be the most accurate method of resolving final level -of -service requirements since it can account for impacts of: • Out -of -area tourist and regional users, ■ Combined public and private facility inventories, ■ Unique environmental or market area dynamics, and ■ Other variables not proposed to quantify in a participation model or ratio. Land requirements Total park lands The RCO does not have a benchmark for park, recreation, and open space land. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review agencies serving populations of 15,000-25,000 provided a median of 12.6 acres per 1,000 persons in the population that gradually declined as the population increased up to 250,000. NRPA RCO PO existing All total All proposed Acres 89.7 2,419.9 2,644.5 /1,000 12.6 Na 5.93 160.07 106.8 Proposed identifies 2040 requirements including additional land or facilities that are recommended to be added and the level -of -service per 1,000 persons that will result from the addition and the projected population increase over the next 20-year planning period. The level -of - service ratio will decline due to additional population increase (9,651 persons in the city by 2040) if no additional land or facilities are recommended. Ratio is expressed per 1,000 residents within Port Orchard (year 2020 city population of 15,117) under Port Orchard and for all public and private facilities under "All total" and "Recommended additional" standard. By comparison, Port Orchard owns 89.7 acres of parkland or a ratio of 5.93 city park acres per every 1,000 residents and the city, Back to Agenda county, port, school district, state, and HOAs own 2,419.9 acres or 160.07 acres per 1,000 city residents. However, even though significant, the present allocation is not equally distributed among residential neighborhoods with the UGA. Select acquisitions of additional parkland to be described in following pages, may provide another 224.6 city park acres equal to a ratio of 106.8 of all park acres per 1,000 city residents by the year 2040. The resulting standard should be sufficient to provide equal park distribution for local needs and to conserve important regional attributes in the city for the reasons listed in the following descriptions considering the amount of land provided in or near the city by other public agencies. Resource conservancies Open space preservation or resource conservancies are designed to protect and manage a natural and/or cultural feature, environment or facility - such as a wetland or unique habitat, a natural landmark or a unique cultural setting. By definition, resource conservancies are defined by areas of natural quality for nature -oriented outdoor recreation, such as viewing and studying nature, wildlife habitat, and conservation. Open space preservations or resource conservancies should be located to encompass diverse or unique natural resources, such as lakes, streams, marshes, flora, fauna, and topography. Recreational use may be a secondary, non -intrusive part of the property - such as an interpretative trail, viewpoint, exhibit signage, picnic area or other feature. In practice, there aren't minimum or maximum benchmarks concerning conservancies - a site should provide whatever is necessary to protect the resource. NRPA RCO PO existing All total All proposed Acres 76.5 1,398.5 1,563.6 /1,000 Na Na 5.06 92.51 63.1 Port Orchard PROS Plan 13 Page 66 of 317 Back to Agenda Port Orchard presently provides 76.5 acres of open space and In practice, there aren't minimum or maximum benchmarks resource conservancies or a ratio of 5.06 acres per 1,000 residents concerning conservancies - a site should provide whatever is and the city, county, state, port, and HOAs provide 1,398.5 acres or necessary to protect the resource. a ratio of 92.51 acres per 1,0000 city residents. The ratio includes portions of the city's Bethel South Property, Bravo Terrace Open Space, Lundberg Park, McCormick Village Park, Mitchell Park, Old Clifton Wetlands, Paul Powers Junior Park, Seattle Avenue Property, and Van Zee Parks as well as Bill Bloomquist Rotary Park, Howe Farm County Park, Kitsap County Park, Long Lake County Park, South Kitsap Regional Park, Veterans Memorial Park, Square Lake State Park, numerous HOA open spaces, and South Kitsap School District's Cedar Heights Forest. While the present supply (existing level -of -service (ELOS) standard) does not need to be increased through purchase, the city's critical areas ordinance should continue to protect these important resource conservancies and if necessary, acquire development rights if portions of these private landholdings are in jeopardy of development or in order to provide public access for Proposed wildlife habitat and trail corridors. Sites that merit consideration for acquisition if necessary to conserve riparian habitat, wetlands, ponds, streams, and wooded hillsides include 165.1 acres along Blackjack and Ross Creeks, Ross Point Hillsides, Stormwater Park, Johnson Creek daylighting, and Etta Turner Park expansion that will increase the conservancy lands to 1,563.6 acres of all agencies or a ratio 63.1 acres per 1,000 city residents by 2040. Resource activities Resource activities are defined by areas of natural or ornamental quality for outdoor recreation such as picnicking, boating, fishing, swimming, camping, and local parks trail uses. The site may also include play areas, such as playgrounds and open grassy play fields as long as these areas support the primary outdoor recreational features. The site should be contiguous to or encompassing natural resources including resource conservancies. 4 I Port Orchard PROS Plan NRPA RCO PO existing All total All proposed Acres 15.6 551.1 567.1 /1,000 Na Na 1.03 36.46 22.9 Port Orchard presently provides 15.6 acres of resource active parks or a ratio of 1.03 parks per 1,000 residents and the county, state, port, and HOAs provide 551.1 acres or 35.46 acres per 1,000 city residents. The ratio includes portions of the city's Bethel South Property, Lundberg Park, McCormick Village Park, Paul Powers Junior Park, and Van Zee Parks as well as Bill Bloomquist Rotary Park Howe Farm County Park, Long Lake County Park, South Kitsap Regional Park, Veterans Memorial Park, Square Lake State Park, and HOA Deer Park. However, 16.0 acres should be acquired to conserve resource access at Ruby Creek Regional Park and Mitchell Point that will increase the ratio of resource parks to 22.9 acres per 1,000 city residents by 2040. Linear trails Linear trails are built or natural corridors, such as abandoned or surplus railroad lines, undeveloped road -rights -of -way, and active utility rights -of -way or natural areas defined by drainage features, topographical changes, wooded areas or vegetation patterns that can link schools, libraries, or commercial areas with parks. Generally, linear trails may be developed for multiple modes of recreational travel such as hiking, biking or horseback riding. The trail system may parallel established vehicular or other transportation systems, but apart from and usually within a separate right-of-way. Linear trail corridors may also include active play areas or trailhead development located in other types of parkland. Page 67 of 317 Trail systems should be anchored by public facilities, like a school or park that may serve as a destination or trailhead and extend into the surrounding residential areas using natural features or established roads, sidewalks, or other safe travel corridors. Ideally, a minimum trail system should be at least 3-5 miles long and provide the ability to loop back to the point of origin. The trail should be sufficiently wide enough to provide for the type of trail user(s) that it is accommodating, preserve the features through which the trail is traveling, and buffer adjacent land use activities. In practice, there aren't benchmarks concerning linear trails. An agency should provide as many miles as Proposed considering the trail opportunities a city's geography provides. NRPA RCO PO existing All total All proposed Acres 1.5 1.5 12.5 /1,000 Na Na 0.10 0.10 0.50 Port Orchard presently provides 1.5 dedicated acres of linear trail corridor or a ratio of 0.10 acres per 1,000 residents consisting of the Bay Street Pedestrian Path and McCormick Woods Trail and an extensive system of trails in resource parks that are not counted as separate acreages. No other agencies provide dedicated acreage for off -road multipurpose trails. Additional multipurpose trails will be added within the existing rights -of -way of Bay Street, Old Clifton Road, SW Berry Lake Road, Glenwood Road, Sedgwick Road, Sidney Road, SR-16, and Bay Street to Kitsap Regional Park. Port Orchard has considerable and sufficient trail acreage resources were these trail segments as well as the park trails integrated to the resource parks. Nonetheless, the city should acquire 11.0 acres to continue to expand and connect the Bay Street Pedestrian Path and East Gateway systems with all remaining parks and schools within the city to achieve a city trail ratio of 0.50 acres per 1,000 city residents by 2040. Back to Agenc.1 Playgrounds and athletic fields Athletic fields and playgrounds are designed for intense recreational activities like field and court games, playground apparatus areas, picnicking, wading pools, and the like. A suitable athletic field and playground site should be capable of sustaining intense recreational development. The site should be easily accessible to the using population and ideally should be linked to the surrounding area by walking and biking trails and paths. Typically, athletic fields and playgrounds may be included within or jointly developed in association with an elementary, middle or high school facility. The desired service area for an athletic field or playground complex depends on the competitive quality to which the facility is developed and the resident using population that the site is intended to serve. Regionally oriented athletic sites may include 4 or more competitive, high quality soccer, baseball or softball fields serving organized leagues drawn from surrounding communities or areas - which may include the approximate service area for a high school. Local (community or neighborhood) oriented athletic fields and playgrounds may consist primarily of a playground and a grassy play area, possibly including 1 or more practice or non -regulation athletic fields. Local athletic fields and playgrounds serve residents of an immediately surrounding residential area from a quarter to half -mile radius - the service area for an elementary school. In practice, there aren't minimum or maximum benchmarks concerning athletic fields and playgrounds. An agency should provide sufficient playgrounds within a 0.5-mile walking distance of most residents and athletic fields to accommodate most league activities of local, younger age residents. NRPA RCO PO existing All total All proposed Acres 65.4 278.8 290.8 /1,000 Na Na 4.33 18.44 11.74 Port Orchard presently provides 65.4 acres or a ratio of 4.33 acres per 1,000 residents of playgrounds and athletic fields. All agencies Port Orchard PROS Plan 15 Page 68 of 317 combined including the city, county, school district, and HOAs provide 278.8 acres or 18.44 acres per 1,000 city residents. Athletic fields are generally distributed and available within the city at the city's Paul Powers Junior Park and Van Zee Park as well as Bill Bloomquist Rotary Park, South Kitsap Regional Park, Veterans Memorial Park, Deer Park, and junior/middle and high schools when scheduled with the school district. However, the existing picnic, playground, sports court, and field sites are not evenly distributed within a 5 or 10-minute walk of all residential neighborhoods. Consequently, 12.0 acres equal to 3 additional neighborhood parks should be acquired and developed to improve the availability and capacity of neighborhood parks within the city and UGA to realize a city playground and athletic field ratio of 11.74 acres per 1,000 city residents by 2040. Recreation centers/pools Recreation centers and pools are indoor and outdoor facilities providing swimming pools, physical conditioning, gymnasiums, arts and crafts, classrooms, meeting rooms, kitchen facilities, and other spaces to support public recreation programs for school -age children (but not students), teens, senior, and other resident populations on a full-time basis. For the purposes of this PROS Plan, recreation centers and pools are defined to include all city, county, school -owned, non-profit, and private facilities that are available for public use. The desired service area for a recreation center/pool depends on the extent of the recreational program services to be offered in the facility and the building's potential size and site relationships. Community oriented recreation centers may include a variety of competitive swimming pools, gymnasiums, or courts along with/or in place of a series of public classroom and meeting facilities, a teen and/or senior center and/or a daycare facility providing indoor building space. And/or a community -oriented recreation center may be jointly sited with an athletic park or playground, or in association with a library, civic center or other public meeting facility. Community oriented 6 I Port Orchard PROS Plan Back to Agenda recreation centers may be jointly shared with school districts or a part of other city or county building complexes that serve a city or larger surrounding community area. Local recreation centers may consist primarily of a single facility use - like a classroom or gymnasium complex and/or that may be sited as a lone building oriented to a single user group - like a teen or senior center. Local recreation centers serve residents of an immediately surrounding residential area from a quarter to half - mile radius - which is the approximate service area for an elementary school. In practice, there aren't minimum or maximum benchmarks concerning recreation and community center acreages. An agency should provide sufficient land considering the availability of other public, nonprofit, and private facilities within the local area. NRPA RCO PO existing All total All proposed Acres 0.0 4.2 4.7 /1,000 Na Na 0.00 0.27 0.19 Port Orchard does not presently provide any indoor recreation facilities though the county assets include Givens Community - Senior Center or 4.2 acres or 0.27 acres per 1,000 city residents. The existing level -of -service would likely exceed recreation center objectives were the inventory to include indoor space provided by South Kitsap School District and some nonprofit and private facilities. However, school facilities are not available for use during school hours to meet the needs of seniors, parents, or pre-school children and the private clubs do not provide facilities for low- income participants. The city proposes to jointly develop 0.5 acres for a Community Events Center with the Kitsap Public Facility District (KPFD) that will include a new library, extensive meeting and classroom facilities, a small physical conditioning room, and administrative space in the downtown that will provide a ratio of 0.19 acres by 2040. Page 69 of 317 Special use facilities Special use facilities are single -purpose recreational activities like arboreta, display gardens, nature centers, golf courses, marinas, zoos, conservatories, arenas, outdoor theaters, and gun and archery ranges. Special use facilities may include areas that preserve, maintain, and interpret buildings, sites, and other objects of historical or cultural significance, like museums, historical landmarks, and structures. Special use areas may also include public plazas or squares or commons in or near commercial centers or public buildings. There aren't benchmarks concerning the development of special use facilities - demand being defined by opportunity more than a ratio. Nor are there minimum or maximum facility or site sizes - size being a function of the facility rather than a separately established design standard. NRPA RCO PO existing All total All proposed Acres 0 651.1 651.1 /1,000 Na Na 0.00 43.07 26.29 Port Orchard does not provide special use facilities though the county, port, school district, nonprofit, and for -profit agencies provide 651.1 acres or 43.07 acres per 1,000 city residents consisting of Cedar Heights Middle School greenhouses, Sidney Museum, Log Cabin Museum, Veteran's Living History Museum, Village Greens Golf Course, McCormick Woods Golf Club, Gold Mountain Golf Club, Trophy Lake Golf & Casting, Port Orchard Marina, Port Orchard Yacht Club, Sinclair Inlet Marina, and Port Orchard Railway Marina. Port Orchard does not plan on providing any special use facilities given the extent of special use facilities provided by other sponsors. Support facilities Support facilities include administrative office space, indoor meeting rooms, shop and equipment maintenance yards, plant Back to Agenda nurseries, and other buildings and sites necessary to service the park system that are located outside of park properties. There aren't benchmarks concerning the development of support use facilities - demand being defined by functional operating requirements more than a ratio. Nor are there minimum or maximum facility or site sizes - size being a function of the type of facility space required and whether the facility space is shared with other jurisdiction support functions rather than a separately established design standard. NRPA RCO PO existing All total All proposed Acres 5.6 5.6 5.6 /1,000 Na Na 0.37 0.37 0.23 Port Orchard provides 5.6 acres or 0.37 acres per 1,000 residents of supporting facilities including the Public Works Maintenance Yard located on Vivian Court and South Shed Facility located on Sidney Avenue - administrative office space is provided in Port Orchard City Hall. The current acreage is sufficient to meet current and projected needs. Facility requirements Number of narks The RCO does not have a benchmark for the number of parks that should be provided per 1,000 residents. According to National Recreation & Park Association (NRPA) 2020 NRPA Agency Performance Review agencies serving populations under 20,000 provided a 1 park per 1,300 residents or 0.77 parks per 1,000 persons. NRPA RCO PO existing All total All proposed Parks 18 45 48 /1,000 0.77 Na 1.19 2.98 1.94 Port Orchard currently provides 18 parks including resource conservation sites, resource, linear trails, athletic fields and playgrounds, recreation and community centers, special uses, and Port Orchard PROS Plan 17 Page 70 of 317 maintenance facilities or a ratio of 1.19 parks per 1,000 city residents. The city, county, port, state, and HOAs provide a total of 45 parks or 2.98 parks per 1,000 city residents The plan proposes to add 3 more park sites that will provide geographic distribution of local parks within a 5 and 10-minute walking distance of all residential neighborhoods within the city and UGA that will realize a ratio of 1.94 parks per 1,000 city residents by 2040. Community gardens There is no behavioral data with which the participation model can project community garden or pea patch requirements - meaning specific areas set aside for the planting of ornamental and vegetable plots. According to National Recreation & Park Association (NRPA) 2020 Agency Performance Review agencies serving populations under 20,000 provided a community garden per 7,914 residents or 0.13 garden sites per 1,000 persons in the population. NRPA RCO PO existing All total All proposed Sites 0 1 2 /1,000 0.13 Na 0.00 0.07 0.08 Port Orchard does not currently provide community garden plots though the Kitsap School District provides a school garden at Cedar Heights Middle School or a ratio of 0.07 per 1,000 city residents. The plan proposes to provide 1 city sponsored community garden plots at a proposed neighborhood park site near Bethell/Salmonberry Road or a ratio of 0.08 gardens per 1,000 city residents by 2040. Waterfront access There is no behavioral data with which the participation model can project waterfront access requirements - meaning shoreline access for fishing and swimming purposes. The NRPA does not have a benchmark for waterfront access. 8 I Port Orchard PROS Plan Back to Agenda NRPA RCO PO existing All total All proposed Sites 3 9 16 /1,000 Na Na 0.20 0.60 0.65 Port Orchard provides waterfront access at 3 sites or 0.120 sites per 1,000 residents including DeKalb Pier, Etta Turner Park, and Rockwell Park. The city, port, county, and state provide 9 sites on Sinclair Inlet, Long Lake, and Square Lake or 0.60 sites per 1,000 city residents. The city will add 7 additional sites on Sinclair Inlet to increase access to Sinclair Inlet along the Bay Street Pedestrian Path and proposed Mosquito Fleet Trail or a ratio of 0.65 waterfront access sites per 1,000 city residents in 2040. Kayaking, canoeing, and sailing There are no participation model standards for kayak or canoe hand -carry launch sites or facilities. The NRPA does not have a benchmark for kayaking or hand -carry craft launching facilities. NRPA RCO PO existing All total All proposed Sites 2 8 12 /1,000 Na Na 0.13 0.53 0.48 Port Orchard provides non -motorized or hand -carry craft (kayak, canoe, or sailboat) access sites at DeKalb Pier and Rockwell Park or 0.13 sites per 1,000 city residents. The city, port, state, and other public agencies provide a total of 8 sites or 0.53 sites per 1,000 city residents. Additional designated hand -carry launch sites will be provided at Ross Point and Bay Street/SR-16 or a total of 4 sites or a ratio of 0.48 sites per 1,000 city residents by 2040. Boatin-u There are no participation model standards for boat launch ramps, floating platforms or docks, and boat moorage slips. The NRPA does not have a benchmark for boating facilities. Page 71 of 317 NRPA RCO PO existing All total All proposed Sites 0 1 1 /1,000 Na Na 0.00 0.07 0.04 Port Orchard does not provide boat launch sites though the Port provides the Port Orchard Boat Ramp partly on city street right-of- way for a total of 1 site or 0.07 sites per 1,000 city residents. This should be sufficient given the port's boat ramp and the 4 adjacent marinas on Sinclair Inlet. Picnic tables and shelters Participation model projections indicate public agencies should be providing a ratio of 1.77 picnic tables and benches of all types (open and under shelters) per every 1,000 residents then gradually decline to 1.67 as the population ages. The NRPA does not have a benchmark for picnic facilities. NRPA RCO PO existing All total All proposed Tables 13 22 36 /1,000 Na 1.77 0.86 1.46 1.45 Shelter 3 3 9 /1,000 Na Na 0.20 0.20 0.36 Port Orchard presently provides 13 picnic tables and 3 picnic shelters or a ratio of 0.86 picnic tables and 0.20 picnic shelters per 1,000 city residents. The city, county, state, and HOAs provide 22 picnic tables and 3 picnic shelters or a ratio of 1.46 tables and 0.20 shelters per 1,000 city residents. In general, Port Orchard parks do not provide a sufficient number of tables and shelters within a 5 to 10-minute walking distance to meet the requirements for local residents in a distributed pattern across the city and UGA. Consequently, another 14 picnic tables and 6 picnic shelters will be provided at Givens Field, McCormick Village Park, Bill Bloomquist Rotary Park, South Kitsap Regional Park, Veterans Memorial Park, as Back to Agenda well as 3 proposed neighborhood park sites to meet future population growth, distribute facilities across the city, meet group facility user needs, and resident interests. Multipurpose bike and hike trails Participation model projections indicate public agencies should be providing a ratio of 0.15 miles of walking or hiking trails and 0.30 miles of bicycling trails within a separated multipurpose trail corridor per every 1,000 city residents. The ratio will decline to 0.14 walking and 0.29 biking trails per 1,000 residents as the population ages. The NRPA does not have a benchmark for trails per 1,000 residents. NRPA RCO PO existing All total All proposed Off 2.60 3.64 7.53 /1,000 Na 0.29 0.17 0.24 0.30 On 0.00 2.60 7.58 /1,000 Na 0.29 0.00 0.17 0.30 Port Orchard presently provides 2.60 miles of off road trail or a ratio of 0.17 miles per 1,000 residents consisting of the Bay Street Pedestrian Path. All agencies combined provide 3.64 total miles or a ratio of 0.24 miles per 1,000 residents including McCormick Woods Trail. An additional 3.89 miles of off -road trail or a ratio of 0.30 miles per 1,000 residents by 2040 will be added when the Bay Street Pedestrian Path is extended and a multipurpose trail is connected with Veterans Memorial and South Kitsap Regional Park. Port Orchard does not provide on -road trails of sidewalks or paths. All agencies combined provide 2.60 miles or a ratio of 0.17 miles per 1,000 residents including McCormick Woods Road. An additional 4.78 miles or a ratio of 0.30 miles per 1,000 residents by 2040 will be added with on -road sidewalk and path constructions on Old Clifton Road, Blueberry Lake Road, Glenwood Road, Sedgwick Road, Sidney Road, and Port Orchard Boulevard. Port Orchard PROS Plan 19 Page 72 of 317 Park trails There are no participation standards for park or day hiking trails. The participation model projections indicate public agencies should be providing a ratio of 0.15 miles of park walking or day -hiking trails per every 1,000 residents declining to 0.14 miles as the population ages. The NRPA does not have a benchmark for park trails per 1,000 residents. NRPA RCO PO existing All total All proposed Miles 0.48 5.20 8.28 /1,000 Na 0.14 0.03 0.34 0.33 Port Orchard presently provides 0.48 miles or a ratio of 0.03 miles of park trails per 1,000 residents in McCormick Village and Van Zee Parks. All agencies combined provide 5.20 miles of park trails or a ratio of 0.34 miles per 1,000 residents in Bill Bloomquiest Rotary, Howe Farm County, South Kitsap Regional, Veterans Memorial, Square Lake State, Deer Parks, and Stetson Heights. An additional 3.08 miles or a ratio of 0.33 miles of park trails per 1,000 residents will be added at Ruby Creek Regional Park, McCormick Village Park, and Stormwater Park. Off -leash dog parks There are no RCO participation model standards for off -leash dog parks or trails. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.0226 dog parks per 1,000 persons in the population. NRPA RCO PO existing All total All proposed Sites 1 2 3 /1,000 0.02 Na 0.07 0.13 0.12 Port Orchard provides a designated off -leash dog park in McCormick Village Park or a ratio of 0.07 per 1,000 residents. All agencies combined provide another designated off -leash dog trails in Howe Farm County Park or 0.13 dog parks per 1,000 residents. 10 I Port Orchard PROS Plan Back to Agenda Off -leash dog parks are unique facilities reserved exclusively for pet exercise, training, and social interaction. Generally, such facilities cannot be shared with other park activities. Off -leash dog trails may be shared with limited other trail activities if the volumes are relatively low and the animals are well trained. An additional dog park or off -leash area could be located in Central/Clayton Park or a ration of 0.12 dog parks per 1,000 city residents by 2040. Separately, Port Orchard may consider designating some portions of park trails for shared off -leash dog use where shared use will not detract from other users or create hazards between dogs. Playgrounds The participation model projections indicate public agencies should be providing a ratio of 0.60 playgrounds and tot lots of all types per every 1,000 residents then gradually decline to 0.53 playgrounds as the population ages. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review agencies serving populations of 20,000-49,999 provided 0.56 playgrounds and tot lots per 1,000 persons. NRPA RCO PO existing All total All proposed Miles 8 32 41 /1,000 0.56 0.53 0.53 2.12 1.66 Port Orchard presently provides 8 playgrounds or a ratio of 0.53 playgrounds per 1,000 residents at 8 city parks at Central/Clayton Park, Givens Field/Active Club, McCormick Village, Paul Powers Junior Park, Rockwell, Van Zee Parks, and Windfall Place Tot Lot. All public and private agencies combined including elementary schools, provide 32 covered and uncovered playgrounds or a ratio of 2.12 playgrounds per 1,000 residents. All public and private agency facilities combined provide a significant inventory to provide for playground activities assuming Page 73 of 317 the school facilities are available for public use and located in safe and secure areas for after school activities. However, the present supply is not evenly distributed throughout the city or UGA to provide equal access to all city neighborhood areas particularly within southwest and southeast Port Orchard. Additional playgrounds and play areas should be provided in 9 parks including McCormick Village Park, Bill Bloomquist, Veterans Memorial Park, and 6 new neighborhood parks or a ratio of 1.66 playgrounds per 1,000 city residents or 2040. Skateboard courts and pump tracks There are no RCO participation model standards for skateboard courts or skate dots or climbing walls - or similar roller -blade or in - line skating activities. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.02 skateparks per 1,000 persons. NRPA RCO PO existing All total All proposed Skate 0 2 7 /1,000 0.02 Na 0.00 0.13 0.28 Pump tk 0 0 1 /1,000 0.02 Na 0.00 0.00 0.04 Port Orchard does not currently provide a skateboard park or skate facility. Kitsap County provides a skatecourt at South Kitsap Regional Park and Peninsula Indoor BMX, a private vendor, provides a 24,201 square foot indoor skate and BMX facility including practice ramps, rails, and other equipment in the immediate area or a ratio of 0.13. The demand for these facilities will increase to meet the needs of younger age residents for beginner, experienced, and some competitive or advanced activities at locations distributed across the city and adjacent to developed areas where skateboarders are now using unauthorized public and private properties for this activity. Back to Agenda At least 5 skateboard fixtures or ramps or "skate dots" should be installed across the city in Givens Field, Van Zee Park, Bill Bloomquist Rotary Park, and Veterans Memorial Park or a ratio of 0.28 skateboard options per 1,000 city residents by 2040. In addition, a "Pump Track" or a circuit of rollers, banked turns, and features designed to be ridden completely by riders "pumping" — generating momentum by up and down body movements, instead of pedaling or pushing should be developed at Ruby Creek Regional Park or a ratio of 0.04 tracks per 1,000 city residents by 2040 to meet the growing interests of this emerging youth activity. Outdoor basketball/sports courts Participation model projections indicate public agencies should be providing a ratio of 0.10 basketball/sports courts of all types per every 1,000 residents and then gradually decline to a ratio of 0.09 as the population ages. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review agencies serving populations of 20,000-49,999 provided 0.10 basketball and 0.04 multiuse or sports courts per 1,000 persons. NRPA RCO PO existing All total All proposed Courts 2 7 13 /1,000 0.14 0.09 0.13 0.46 0.52 Port Orchard presently provides 2 outdoor uncovered courts or a ratio of 0.13 courts in Central/Clayton and Paul Powers Junior Parks per 1,000 residents. All public and private agencies combined provide 7 uncovered courts or a ratio of 0.46 courts per 1,000 residents in Long Lake, Chanting Circle, Deer, and Mary McCormick Memorial Parks and Mullenix Ridge and Sunnyslope Elementary schools assuming the school facilities are available for public use and located in safe and secure areas for after school activities. However, these facilities are not evenly distributed across the city and currently improved only for basketball. Consequently, the existing courts should be reconfigured into sports courts to accommodate basketball, pickleball, and volleyball and 6 more Port Orchard PROS Plan 111 Page 74 of 317 sports courts should be added at Givens Field/Civic Club, Stormwater Park, Bill Bloomquist Rotary Park, South Kitsap Regional Park, Veterans Memorial Park, and 1 new neighborhood park for a ratio of 0.52 courts per 1,000 city residents by 2040. Tennis/vickleball courts - in/outdoor Participation model projections indicate public agencies should be providing a ratio of 0.24 tennis/pickleball courts per every 1,000 residents then gradually decline to 0.22 as the population ages. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review agencies serving populations of 20,000-49,999 provided 0.23 outdoor tennis courts per 1,000 persons. However, neither standard effectively accounts for the growing use and popularity of pickleball, particularly for older age groups. NRPA RCO PO existing All total All proposed Courts 4 13 19 /1,000 0.23 0.22 0.26 0.86 0.77 Port Orchard presently provides 4 lighted outdoor tennis courts or a ratio of 0.26 outdoor tennis courts per 1,000 residents at Givens Field/Active Club and Van Zee Parks. All public and private agencies combined provide 13 courts or a ratio of 0.86 outdoor tennis courts per 1,000 residents including Mary McCormick Memorial Park and South Kitsap High School. Pickleball court overlays will be added to all existing tennis courts, particularly at public parks, to reflect the growing interest in this activity. An additional 6 more lighted tennis/pickleball courts or a ratio of 0.77 courts per 1,000 residents should be added at the future middle/high schools site in McCormick Woods and a new community park at Bethell/Salomonberry Road to provide access. Soccer/lacrosse fields Participation model projections indicate public agencies should be providing a ratio of 0.32 competition or regulation soccer/lacrosse fields per every 1,000 residents then gradually decline to 0.29 as 12 I Port Orchard PROS Plan Back to Agenda the population ages. The projections do not estimate youth or practice field requirements. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.39 rectangular competition fields for soccer and lacrosse and 0.08 multipurpose synthetic and overlay fields per 1,000 persons or 0.47 fields in total. NRPA standards do not estimate youth or practice field requirements. NRPA RCO PO existing All total All proposed Youth 2 10 11 /1,000 Na Na 0.13 0.66 0.44 Adult 1 17 22 /1,000 0.47 0.47 0.07 1.12 0.89 Port Orchard presently provides 2 practice or youth fields or a ratio of 0.13 fields per 1,000 residents including an informal grass clinic play area for young children at Central/Clayton Park, and standard regulation field at Van Zee Park or 0.07 regulation fields per 1,000 city residents. All agencies combined provide 10 youth or practice and 17 regulation fields or a ratio of 0.66 youth or practice and 1.12 regulations fields per 1,000 residents at Bill Bloomquist Rotary, South Kitsap Regional, Veterans Memorial, and Deer Parks and East Port Orchard, Hidden Creek Mullenix Ridge, Orchard Heights, Sidney Glen, and Sunnyslope Elementary, Marcus Whitman Middle Schools, and Explorer & Hope Academies. A number of the existing park and school fields should be improved with drainage, irrigation, and possibly lighting on some fields to provide adequate and safe practice and competition events. An additional 1 youth or practice and 5 adult fields should be added at Van Zee Park, a new neighborhood park at Blueberry/Ramsey/Geiger Road, and the future middle/high school property in McCormick Woods,to meet local youth and practice needs and regional competition games. Page 75 of 317 An existing field at Givens Field/Civic Club should be improved with artificial turf to increase game capacity. Baseball/softball fields Participation model projections indicate public agencies should be providing a ratio of 0.53 regulation (250+ feet) baseball and softball fields of all per every 1,000 residents then gradually decline to 0.49 as the population ages. Participation models do not estimate T-Ball or youth field requirements. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review agencies serving populations of 20,000-49,999 provided 0.30 regulation baseball/softball youth and 0.08 adult fields per 1,000 persons. NRPA RCO PO existing All total All proposed Youth 1 8 10 /1,000 0.30 Na 0.67 0.53 0.40 Adults 2 17 35 /1,000 0.08 0.49 0.13 1.12 1.41 Port Orchard presently provides 2 T-Ball, 1 youth, and 2 adult fields or a ratio of 0.67 youth and 0.13 regulation fields per 1,000 residents at Central/Clayton Park, Givens Field/Active Club, and Van Zee Park. All agencies combined provide 2 T-Ball, 8 youth, and 17 adult fields or a ratio of 0.53 youth and 1.12 regulation fields per 1,000 residents including Bill Bloomquist Rotary, Long Lake County, South Kitsap Regional, Veterans Memorial, and Deer Parks and East Port Orchard, Hidden Creek, Mullenix Ridge, Orchard Heights, Sidney Glen, and Sunnyslope Elementary and Marcus Whitman, and Explorer & Hope Academies. The supply includes a large number of un-improved park and school fields that are capable of providing safe or functional practice use let along regulation game fields for youth or adult play. These fields should be improved with drainage, irrigation, grass or turf surfaces, and possibly lighting on some fields to provide adequate and safe practice and competition events. Back to Agenda An additional 2 youth (200-foot) field capacity could be developed at Hidden Creek and Sunnyslope Elementary Schools, 5 additional 250+-foot fields could be developed at a neighborhood park at Blueberry/Ramsey/Geiger Road, the future middle/high school site, and East Port Orchard Elementary School, 10 additional 250+-foot fields could be improved at Van Zee Park, East Port Orchard, Hidden Creek, Mullenix Ridge, Orchard Heights Elementary Schools, Marcus White Middle School, and the future middle/high school site, and 3 new 300-foot fields could be developed at the new Blueberry/Ramsey/Geiger Road and future middle/high school site to increase practice and game capacity for all age groups and field distribution. Swimming pool Participation model projections indicate public agencies should be providing a ratio of 541 square feet of swimming pool area or 0.04 of 13,454 square feet of an Olympic sized swimming pool per every 1,000 residents declining to 503 square feet as the population ages. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.03 outdoor swimming pools per 1,000 persons. NRPA RCO PO existing All total All proposed Pools 0 1 2 /1,000 0.03 0.04 0.00 0.07 0.08 Port Orchard School District provides an indoor Olympic sized 50- meter pool at South Kitsap High School property or a ratio of 0.07 pools per 1,000 residents. The Port Orchard School District could consider developing a leisure pool facility at the future school site in McCormick Woods to expand and diversify swimming options. Recreation centers There are no comparable participation model data with which to project demand for indoor recreation center facilities. Port Orchard PROS Plan 113 Page 76 of 317 According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.03 recreation centers per 1,000 persons. NRPA RCO PO existing All total All proposed Fitness 0 35,388 35,988 /1,000 0.03 Na 0 2,341 1,453 Gyms 0 75,300 97,800 /1,000 0.03 Na 0 4,981 3,949 Port Orchard does not currently provide fitness facilities though private agents provide 35,388 square feet or 2,341 square feet per 1,000 residents at Westcoast Fitness, Crossfit NWNW, and Olympic Fitness Club. Port Orchard will provide 600 square feet of fitness facility in the KPFD Community Events Center or a ratio of 1,453 square feet per 1,000 residents by 2040. Port Orchard does not provide gymnasium facilities through other public agencies provide 36,000 square feet of youth and 39,300 square feet of NCAA or 75,300 total square feet or 4,981 square feet per 1,000 residents in Givens Community & Senior Center, East Port Orchard, Hidden Creek, Mullenix, Orchard Heights, Sidney Glen, and Sunnyslope Elementary and Cedar Heights, Marcus Whitman Middle, and South Kitsap High Schools. Additional gymnasium facilities will be developed at the future middle/high school site including a possible 8,400 square foot multipurpose and 14,100 square foot NCAA regulation gym or 22,500 total square feet or a ratio of 3,949 square feet per 1,000 residents by 2040. Most of the gymnasium inventory is in public schools that are not available for use by the public during daytime and some evening hours. Existing facilities may not be sufficient to provide public access to recreational facilities by retired persons, at-home mothers, or workers during school hours. 14 I Port Orchard PROS Plan Back to Agenda Meeting rooms There are no comparable participation model data or NRPA standards with which to project demand for publicly accessible meeting facilities. NRPA RCO PO existing All total All proposed Meeting 2,000 22,100 28,100 /1,000 Na Na 132 1,462 1,135 Port Orchard provides 2,000 square feet or 132 square feet of meeting room facilities per 1,000 residents at City Hall and Library. All public and private agencies combined provide 2 2, 100 square feet or 1,462 square feet per 1,000 residents at the Givens Community & Senior Center, Long Lake County Park, Horstman Heights Pocket Park, Boys & Girls Club of South Puget Sound, Port Orchard American Legion, Port Orchard Masonic, Center, and Port Orchard Eagles. Some of the meeting room inventory is in private facilities that may not be available for public use without a membership or rental fee and may not be available for public use during normal day or evening hours. An additional 6,000 square feet of meeting facilities including a theater or event space, large meeting room, medium sized meeting room, conference room, and restaurant banquet space will be provided in the KPFD Community Event Center for a ratio of 1,135 square feet per 1,000 residents by 2040. Community centers There are no comparable RCO participation model data with which to project demand for public indoor community center facilities. According to National Recreation & Park Association (NRPA) 2019 NRPA Agency Performance Review all agencies provided 0.03 community centers per 1,000 persons or 1,612 square feet where an average community center is 5 3,72 5 square feet. Page 77 of 317 NRPA RCO PO existing All total All proposed Center 0 24,000 34,600 /1,000 1,612 Na 0 1,588 1,397 Port Orchard does not currently provide multipurpose community center space including classrooms, workshops, or studios. Kitsap County provides 24,000 square feet or 1,588 square feet per 1,000 residents for Aging & Long -Term Care, Montessori school, Head Start, and other community organizations and activities. South Kitsap School District provides classrooms, workshops, and art and music studios in elementary, junior/middle, and high schools that are available for public use after school hours but not during daytime hours for public use for preschool, seniors, or other at-home family members The KPFD Community Event Center will provide 10,600 square feet of community space including a public library or 1,397 square feet per 1,000 residents by 2040. Museums There are no RCO participation model standards with which to project museum requirements nor does the NRPA have a benchmark. Back to Agenda Holes 0 90 90 /1,000 Na Na 0.00 5.95 3.63 Port Orchard does not provide golf facilities though other public and nonprofits provide 90 holes per 1,000 residents at the Village Greens, McCormick Woods, Gold Mountain, and Trophy Lake clubs and courses. Any additional golf facilities will depend on these and similar organizations. Marinas There are no RCO participation model standards with which to project museum requirements nor does the NRPA have a benchmark. NRPA RCO PO existing All total All proposed Slips 0 281 281 /1,000 Na Na 0 19 11 Port Orchard does not provide marina facilities though other public and private agencies provide 281 side ties, open, and covered slips or 19 slips per 1,000 residents at the Port's Port Orchard Marina, and private Port Orchard Yacht Club, Sinclair, and Port Orchard Railway Marinas. Any additional marina facilities will depend on these and similar organizations. NRPA RCO PO existing All total All proposed Equestrian facilities Museum 0 7,684 7,684 There are no RCO participation model standards with which to /1,000 Na Na 0 508 310 project museum requirements nor does the NRPA have a benchmark. Port Orchard does not provide museum space though nonprofits provide 7,684 square feet per 1,000 residents in the Sidney, Log NRPA RCO PO existing All total All proposed Cabin, and Veteran's Living History Museums. Any additional Holes 0 3 3 museum space will depend on these and similar organizations. /1,000 Na Na 0.00 0.20 0.12 Golf There are no participation model standards with which to project museum requirements nor does the NRPA have a benchmark. NRPA RCO PO existing All total All proposed Port Orchard does not provide equestrian facilities though other nonprofit and private agents provide 3 stables, outdoor arenas, and indoor riding barns or 0.20 facilities per 1,000 residents at the Clover Valley Riding Center, Riding Place, and Kitsap Saddle Club. Port Orchard PROS Plan 115 Page 78 of 317 Any additional equestrian facilities will depend on these and similar organizations. Sunnort facilities There are no RCO participation model standards with which to project supporting administrative office, equipment and shop maintenance yards, and plant nursery requirements. The NRPA does not have a benchmark for park supporting facilities. NRPA RCO PO existing All total All proposed Acres 5.59 5.59 5.59 /1,000 Na Na 0.37 0.37 0.23 Sq ft 13,000 13,000 13,000 /1,000 Na Na 860 860 525 Port Orchard provides 1.82 acres yard at the Public Works Maintenance Yard at Vivian Court and 3.77 acres at the South Shed Facility at Sidney Avenue or 5,59 acres in total or 0.37 acres per 1,000 residents. Port Orchard provides 1,000 square feet of office and 12,000 square feet of park maintenance yard facilities or a ratio of 860 square feet per 1,000 residents at City Hall and the Maintenance Yard. The facilities are sufficient to meet present needs for existing park facilities but could require additional space at these sites or satellite facilities in existing or future parks. Future growth implications The Washington State Office of Financial Management (OFM) and the Port Orchard Community Development Department expect the population of the city within the urban growth area will increase from 15,117 persons in 2020 to an estimated 24,768 persons by the year 2040 - or by 9,651 or 64% more persons. This forecasted population increase will create significant requirements for all types of parks, recreation, and open space 16 I Port Orchard PROS Plan Back to Agenda lands and facilities in the city especially within the downtown area scheduled for higher density development. The population forecasts do not include expected increases in regional tourists and users who also frequent city parks, recreational facilities, trails, and open spaces. Port Orchard/Port Orchard ELOS value 2020 Supply Value Land acres 96.2 $ 15,332,000 Facility units 24,531 $ 35,302,472 Total $ 50,634,472 Value/capita Value/household* Household of 2.43 persons per unit 3,349 8,139 Port Orchard/Port Orchard ELOS (existing level -of -service requirement 2020-2040 2020 2040 2040 Supply Deficit Cost Land acres 96.2 61.4 $ 9,788,260 Facility units 24,531 15,661 $ 22,537,815 Total cost $ 32,326,076 Under the existing level -of -service (ELOS) for Port Orchard owned park land and facilities in the city, the forecasted population increase will create a city-wide need for an additional 61.4 acres of land and 15,661 facility units (square feet, courts, fields, etc.) by the year 2040. The continuation of the city's existing level -of -service (ELOS) could require an expenditure of $32,326,076 by the year 2040 simply to remain current with present standards - not accounting for any maintenance, operation or repair costs. The approximate cost of sustaining the city's existing level -of - service (ELOS) standard would be equal to about $3,349 per every new person added to the city's population or about $8,139 for every new housing unit. This assumes Port Orchard would continue to Page 79 of 317 maintain the same ratio of parklands and facilities for the future population that the city has in the past. Composite PLOS (Proposed level -of -service) requirement 2020- 2040 2020 2040 2040 Supply Addns Cost Land acres 2,197.8 224.6 $ 18,886,350 Facility units 154,568 29,219 $ 127,901,071 Total cost $ 146,787,421 Port Orchard cost $ 68,874,553 Port Orchard % 47% Under the composite agencies Proposed level -of -service (PLOS) for all public and privately -owned park land and facilities in the city, the forecasted population increase will create a city-wide proposal for an additional 224.6 acres of land and 29,219 facility units (square feet, courts, fields, etc.) by the year 2040. This assumes these agencies would supplement the existing inventory as described within this chapter rather than simply extending the same ratios into the future. The realization of the composite agencies Proposed level -of -service (PLOS) for all agencies could require a total of $146,787,421 by the year 2040 - not accounting for any maintenance, operation or repair costs. Based on the project proposals described in the plan chapters, Port Orchard's parks, recreation, and open space share of the cost would be $68,874,553 or 47%. Built encroachments However, if these proposals are not realized soon the present trend of increasing developments may: • Encroach upon - or preclude the preservation and public accessibility of the more sensitive and appealing environmental sites, particularly those proposed for cross city trail corridors and additional sensitive land preservations along riparian corridors and shorelines, and Back to Agenda ■ Develop - or otherwise preclude the purchase and development of suitable lands for playgrounds, picnic shelters, waterfront access, and other neighborhood facilities. Forcing city residents to: • Use crowded - picnic areas, playgrounds, community centers, and hike and bike on crowded trails, • Commute to play - at overcrowded existing facilities in the city and/or organized recreational programs may have to be reduced, and • Commute to use - available facilities in other areas of the city, particularly out of Port Orchard and/or to other jurisdictions parks and/or programs may have to be curtailed to prevent severe overcrowding conditions in the facilities that do provide such services. Such actions would be to the detriment of city residents who have paid the costs of developing and operating these facilities. Financial implications These levels of facility investment may not be solely financed with the resources available to Port Orchard if the city pursues an independent delivery approach or uses traditional methods of funding. Port Orchard will not be financially able to develop, manage, and maintain a comprehensive, independent park, recreation, and open space system using only traditional financing methods in light of the needs projected. These needs require a citywide financing approach by Port Orchard and where appropriate in partnership with Port Orchard School District, Port of Bremerton, and Kitsap County, as well as proposed nonprofit or for -profit partners. A citywide approach may use a combination of shared user fees, excise taxes, joint grant applications, impact fees, and voter approved property tax levies to maintain and improve facilities in the face of continued city population increases. Port Orchard PROS Plan 117 Page 80 of 317 18 8 March 2022 level-ofExisting ' Back to Agenda Population in development 1 Population in city 2020 15,117 Population in city 2040 24,768 2022 ELOS Year 2040 Facility Project/ Year 2040 fclty standard facility cost per capita funding units total /1000 rqmnt deficit /unit fee deficit land resource conservancy acres 8.1 0.54 13.3 5.2 $50,000 $26.79 $258,560 land resource activities acres 15.6 1.03 25.6 10.0 $125,000 $128.99 $1,244,920 land linear trails acres 1.5 0.10 2.5 1.0 $150,000 $14.88 $143,64S land athletic fields/playgrounds acres 65.4 4.33 107.2 41.8 $180,000 $778.73 $7,515,484 land recreation centers/pools acres 0.00 0.0 0.0 $455,000 $0.00 $0 land special use facilities acres 0.00 0.0 0.0 $225,000 $0.00 $0 land support facilities/yards/bu. acres 5.6 0.37 9.2 3.6 $175,000 $64.83 $625,652 Subtotal for land impact 96.2 6.36 157.6 61.4 $1,014.22 $9,788,260 Facilities community garde nature each 0.00 0 0 $50,000 $0.00 $0 swimming beach sand park space 0.00 0 0 $22,090 $0.00 $0 fishing bank or dock park space 0.00 0 0 $20,624 $0.00 $0 handcarry launch concrete ramp park spa 4 0.26 7 3 $26,367 $6.98 $67,333 boat launch paved 25 boat capacity ramp 1 0.07 2 1 $460,335 $30.45 $293,887 floating pier pier squaref( 169 11.18 277 108 $500 $5.59 $53,947 camping tent w/services,restroom campsite 0.00 0 0 $145,172 $0.00 $0 camping group-ll w/services, restroom campsite 0.00 0 0 $18,724 $0.00 $0 camping RV w/services, shower campsite 0.00 0 0 $170,120 $0.00 $0 picnic benches bench 6 0.40 10 4 $15,000 $5.95 $57,458 tables w/o shelter table 13 0.86 21 8 $40,965 $35.23 $339,988 shelters -group use shelter 3 0.20 5 2 $129,373 $25.67 $247,783 multipurpose traasphalt w/services 10' mile 3.64 0.24 6.0 2.3 $1,197,312 $288.30 $2,782,373 gravel w/services 10' mile 0.00 0.0 0.0 $469,646 $0.00 $0 asphalt w/services 8' mile 0.00 0.0 0.0 $979,012 $0.00 $0 gravel w/services trail 8' mile 0.00 0.0 0.0 $396,880 $0.00 $0 bridge sq it 2,400 158.76 ###### ###### $500 $79.38 $766,104 park trail concrete/asphalt trail 6' mile 0.00 0.0 0.0 $761,719 $0.00 $0 crushed rock 6' mile 0.48 0.03 0.8 0.3 $373,631 $11.86 $114,496 concrete/asphalt trail 5' mile 0.00 0.0 0.0 $640,442 $0.00 $0 crushed rock S' mile 0.00 0.0 0.0 $227,091 $0.00 $0 crushed rock 4' mile 0.00 0.0 0.0 $190,708 $0.00 $0 dirt 2' mile 0.00 0.0 0.0 $98,983 $0.00 $0 shoreline mile 0.00 0.0 0.0 $40,369 $0.00 $0 boardwalk sq it 0.00 0.0 0.0 $500 $0.00 $0 bike on -road on -road w/shoulder 6' mile 0.00 0.0 0.0 $1,425,996 $0.00 $0 on -road w/shoulder 4' mile 0.00 0.0 0.0 $989,397 $0.00 $0 on -road in -lane designated mile 0.00 0.0 0.0 $67,687 $0.00 $0 on -road signage only mile 0.00 0.0 0.0 $3,006 $0.00 $0 bike off -road BMX course/pump track each 0.00 0.0 0.0 $500,000 $0.00 $0 bike park trail asphaltw/services 10' mile 0.00 0.0 0.0 $1,201,640 $0.00 $0 crushed rock w/sys 10' mile 0.00 0.0 0.0 $473,974 $0.00 $0 off -road dirt w/services 2' mile 0.00 0.0 0.0 $107,707 $0.00 $0 dirt w/services 1.5' mile 0.00 0.0 0.0 $84,026 $0.00 $0 dirt w/services l' mile 0.00 0.0 0.0 $67,956 $0.00 $0 horse trail dirt w/services 2' mile 0.00 0.0 0.0 $71,381 $0.00 $0 water trailhead launch, campsite w/service: site 0.00 0.0 0.0 $40,128 $0.00 $0 trailhead w/restrooms site 0.00 0.0 0.0 $743,911 $0.00 $0 trailhead w/sanican site 0.00 0.0 0.0 $287,054 $0.00 $0 dog park off -leash parks acre 1 0.07 2 1 $150,000 $9.92 $95,763 playground covered each 0.00 0 0 $546,902 $0.00 $0 uncovered each 8 0.53 13 5 $471,902 $249.73 $2,410,17S play area improved acre 0.00 0.0 0.0 $1,044,488 $0.00 $0 spray park concrete each 0.00 0.0 0.0 $639,354 $0.00 $0 paracourse station each 0.00 0.0 0.0 $21,581 $0.00 $0 skateboard skateboard court - concrete court 0.00 0 0 $750,000 $0.00 $0 skateboard court - ramps court 0.00 0 0 $250,000 $0.00 $0 skate dot each 0.00 0 0 $25,000 $0.00 $0 basketball/sport outdoor covered court 0.00 0.0 0.0 $358,540 $0.00 $0 outdoor lighted court 0.00 0 0 $358,540 $0.00 $0 outdoor uncovered court 2.0 0.13 3.3 1.3 $285,427 $37.76 $364,445 volleyball outdoor uncovered sand court 0.00 0.0 0.0 $140,334 $0.00 $0 tennis indoor court 0.00 0 0 $928,087 $0.00 $0 outdoor lighted court 4 0.26 7 3 $858,765 $227.23 $2,193,012 outdoor unlighted court 0.00 0 0 $305,335 $0.00 $0 field track rubber surface miles 0.00 0.00 0.00 $354,902 $0.00 $0 cinder surface miles 0.00 0.00 0.00 $252,555 $0.00 $0 football /rugby turf lighted field 0.00 0 0 $1,761,634 $0.00 $0 grass lighted field 0.00 0 0 $1,611,634 $0.00 $0 I Port Orchard PROS Plan Page 81 of 317 Back to Agenda 2022 ELOS Year 2040 Facility Project/ Year 2040 fclty standard facility cost per capita funding units total /1000 rqmnt deficit /unit fee deficit grass unlighted field 0.00 0 0 $1,521,695 $0.00 $0 practice field field 0.00 0 0 $250,000 $0.00 $0 soccer indoor field 0.00 0 0 $0.00 $0 330x390 turf lighted field 0.00 0 0 $7,575,916 $0.00 $0 330x390 grass lighted field 1 0.07 2 1 $4,245,850 $280.87 $2,710,637 330x390 grass unlighted field 1 0.07 2 1 $905,506 $59.90 $578,093 240x330 grass field 0.00 0 0 $2,329,086 $0.00 $0 240x330 dirt field 0.00 0 0 $763,670 $0.00 $0 youth multipurpose field 1 0.07 2 1 $513,425 $33.96 $327,781 baseball 300+ turf lighted concessio field 0.00 0 0 $3,749,362 $0.00 $0 300+ grass lighted concessi field 1 0.07 2 1 $2,427,456 $160.58 $1,549,737 300+dirt unlighted field 0.00 0 0 $601,928 $0.00 $0 softball 200-300 grass lighted conci field 0.00 0 0 $1,425,240 $0.00 $0 200-300 dirt w/o lights field 0.00 0 0 $444,878 $0.00 $0 baseball 250+ grass lighted concessi field 0.00 0 0 $2,720,621 $0.00 $0 250+grass unlighted field 0.00 0 0 $1,518,097 $0.00 $0 250+ dirt unlighted field 1 0.07 2 1 $444,878 $29.43 $284,019 baseball 200+ grass lighted concessi field 1 0.07 2 1 $1,380,021 $91.29 $881,033 200+grass unlighted field 0.00 0 0 $1,288,540 $0.00 $0 200+ dirt unlighted field 0.00 0 0 $482,746 $0.00 $0 180 dirt T-ball field 2 0.13 3 1 $100,000 $13.23 $127,684 batting cage each 0.00 0 0 $25,000 $0.00 $0 swim pool indoor sq ft 0.00 0 0 $2,077 $0.00 $0 outdoor sq ft 0.00 0 0 $1,555 $0.00 $0 rctn cntr indoor gymnasium sq ft 0.00 0 0 $801 $0.00 $0 physical conditioning sq ft 600 39.69 983 383 $801 $31.79 $306,825 racquetball (1600 each/sf f ea/sq ft 0.00 0 0 $1,281,600 $0.00 $0 handball (1200 sf) ea/sq ft 0.00 0 0 $961,200 $0.00 $0 comty cntr arts/crafts/classrooms sq ft 0.00 0 0 $806 $0.00 $0 meeting facilities sq ft 7,300 482.90 11,960 4,660 $806 $389.22 $3,756,337 large meeting sq ft 0.00 0 0 $806 $0.00 $0 theater/auditorium sq ft 0.00 0 0 $806 $0.00 $0 kitchen facilities sq ft 0.00 0 0 $806 $0.00 $0 dining facilities sq ft 0.00 0 0 $806 $0.00 $0 child cntr daycare/childcare sq ft 0.00 0 0 $806 $0.00 $0 pre/after-school sq ft 0.00 0 0 $806 $0.00 $0 special teen center sq ft 0.00 0 0 $806 $0.00 $0 senior center sq ft 0.00 0 0 $806 $0.00 $0 operations admin facilities sq ft 2,000 132.30 3,277 1,277 $250 $33.08 $319,210 maintenance fclties sq ft 12,000 793.81 19,661 7,661 $200 $158.76 $1,532,209 shop yard sq ft 0.00 0 0 $200 $0.00 $0 caretaker ea/sq ft 0.00 0 0 $250 $0.00 $0.00 concession stands sq ft 0.00 0 0 $442 $0.00 $0.00 restrooms concessions building sq ft 0.00 0 0 $442 $0.00 $0 permanent fixture 8 0.53 13 5 $73,910 $39.11 $377,485 temporary/sanican each 0.00 0 0 $2,000 $0.00 $0 Subtotal for facility impact 24,531 1,622.75 40,192 15,661 $2,335.28 $22,537,815 Total impact for land and facilities - per capita $3,349.51 $32,326,076 Total impact for land and facilities - persons/household of 2.43 $8,139.30 Total value of existing park lands $15,332,000 Total value of existing park facilities $35,302,472 Total value of existing park lands and facilities $50,634,472 Note - facility costs include site preparation, utilities, parking, amenities, and other improvements pro rated. Port Orchard PROS Plan 119 Page 82 of 317 20 Back to Agenda 8 March 2022 Proposed composite level -of- service (PLOS) additions - 2022-2044 PLOS Acquire Indirect Direct Total City City facility site design const dvpmnt fundin funding Acquire park site Project units addtn cost cost cost cost share required a land resource conservancies Blackjack Creek Corridor acres 5.0 $50,000 $250,000 0% $0 resource conservancies Ross Creek Corridor acres 5.0 $50,000 $250,000 0% $0 resource conservancies Ross Point hillsides acres 120.0 $50,000 $6,000,000 0% $0 resource conservancies Stormwater Park acres 32.6 $35,000 $1,141,350 100% $1,141,350 resource conservancies Daylight Johnson Creek acres 1.0 $1,200,000 $1,200,000 100% $1,200,000 resource conservancies Etta Turner Park Expansion acres 1.5 $500,000 $750,000 100% $750,000 b land resource activities Ruby Creek Regional Park acres 15.0 $50,000 $750,000 100% $750,000 resource activities Mitchell Point acres 1.0 $125,000 $125,000 100% $125,000 c land linear trails - 40 ft wide Bay Street Pedestrian Path Ph 1 (see acres 10.0 $222,000 $2,220,000 50% $1,110,000 linear trails - 40 it wide Old Clifton Road acres in ROW $150,000 $0 0% $0 linear trails - 40 ft wide Glenwood Road acres in ROW $150,000 $0 0% $0 linear trails - 40 ft wide Sedgwick Road acres in ROW $150,000 $0 0% $0 linear trails - 40 ft wide Sidney Road acres in ROW $150,000 $0 0% $0 linear trails - 40 ft wide Bay Street to Kitsap Rgnl Park acres in ROW $150,000 $0 0% $0 waterfront/trail access East Gateway acres 1.0 $150,000 $150,000 100% $150,000 d land playgrounds/athletic fields @ Aiken Road acres 2.0 $300,000 $600,000 100% $600,000 playgrounds/athletic fields @ Bethell/Salmonberry Road acres 2.0 $300,000 $600,000 100% $600,000 playgrounds/athletic fields @ Blueberry/Ramsey/Geiger Road acres 8.0 $200,000 $1,600,000 100% $1,600,000 e land rctn centers/pools New High School site acres $455,000 $0 0% $0 rem centers/pools KPFD Community Center Site acres 0.5 $2,500,000 $1,250,000 100% $1,250,000 e land miscellaneous acquisitions sites to be determined acres 20.0 $100,000 $2,000,000 100% $2,000,000 Subtotal for land impact 224.6 $18,886,350 $11,276,350 Develop facilities Project 1 daylight stream daylight stream Johnson Creek Daylighting each 1 $1,000,000 $1,000,000 100% $1,000,000 daylight stream Kitsap Street (unnamed stream) Daeach 1 $750,000 $750,000 100% $750,000 2 downtown waterfront plazas streetscape Port Street Plaza each 1 $1,500,000 $1,500,000 100% $1,500,000 streetscape KPFDPlaza/Frederick-SidneyAvent each 1 $1,200,000 $1,200,000 100% $1,200,000 streetscape Orchard Avenue Plaza each 1 $1,500,000 $1,500,000 100% $1,500,000 streetscape Sidney Avenue each 1 $250,000 $250,000 100% $250,000 streetscape Harrison Avenue each 1 $250,000 $250,000 100% $250,000 streetscape Waterfront Park Expansion each 1 $250,000 $250,000 100% $250,000 streetscape Mitchell Extension/Westbay each 1 $250,000 $2S0,000 0% $0 streetscape East Gateway each 1 $350,000 $350,000 100% $350,000 streetscape Orchard Avenue/Prospect Street hi each 1 $500,000 $500,000 100% $500,000 amphitheater McCormick Village Park each 1 $250,000 $250,000 100% $250,000 splash pad McCormick Village Park each 1 $1,000,000 $1,000,000 100% $1,000,000 3 community garden community garden @ Bethell/Salmonberry Road acres 1.0 $7,500 $7,500 100% $7,S00 4 boating hand -carry -salt SR-166/Bay Street ea/pkng 4 $26,367 $105,468 100% $105,468 hand -carry -salt Ross Point ea/pkng 4 $26,367 $105,468 100% $105,468 hand -carry -salt Ross Creek ea/pkng 2 $26,367 $52,734 100% $52,734 hand -carry -salt Mitchell Point ea/pkng 2 $26,367 $52,734 100% $52,734 hand -carry -salt Annapolis Foot Ferry ea/pkng 2 $26,367 $52,734 0% $0 hand -carry -salt Beach Drive 1-Bancroft Road ea/pkng 2 $26,367 $52,734 0% $0 hand -carry -salt Beach Drive 2-Bancroft Road ea/pkng 2 $26,367 $52,734 0% $0 5 picnic tables w/o shelter Bill Bloomquist Rotary Park table 4 $40,965 $163,860 0% $0 tables w/o shelter McCormick Village Park table 4 $40,965 $163,860 100% $163,860 tables w/o shelter @ Aiken Road table 2 $40,965 $81,930 100% $81,930 tables w/o shelter @ Bethell/Salmonberry Road table 2 $40,965 $81,930 100% $81,930 tables w/o shelter @ Blueberry/Ramsey/Geiger Road table 2 $40,965 $81,930 100% $81,930 6 picnic shelters -group use Givens Field/Active Club shelter 1 $129,373 $129,373 100% $129,373 shelters -group use McCormick Village Park shelter 1 $129,373 $129,373 100% $129,373 shelters -group use South Kitsap Regional Park shelter 1 $129,373 $129,373 0% $0 shelters -group use Veterans Memorial Park shelter 1 $129,373 $129,373 0% $0 shelters -group use Bill Bloomquist Rotary Park shelter 1 $129,373 $129,373 0% $0 shelters -group use @ Blueberry/Ramsey/Geiger Road shelter 1 $129,373 $129,373 100% $129,373 7 multipurpose path asphalt 10' Bay Street Pedestrian Path Segment each 1.00 $3,295,892 $3,29S,892 50% $1,647,946 asphalt 10' Bay Street Ped Path West each 1.00 $1,000,000 $3,566,494 $4,566,494 50% $2,283,247 asphalt 10' Old Clifton Road mile 1.70 $1,197,312 $2,035,430 100% $2,035,430 asphalt 10' Blueberry Lake Road mile 0.57 $1,197,312 $682,468 0% $0 asphalt 10' Glenwood Road mile 1.28 $1,197,312 $1,532,559 0% $0 asphalt 10' Sedgwick Road mile 0.19 $1,197,312 $227,489 0% $0 asphalt 10' Sidney Road mile 0.38 $1,197,312 $454,979 0% $0 I Port Orchard PROS Plan Page 83 of 317 Back to Agenda asphalt 10' Port Orchard Blvd. mile 0.66 $1,197,312 $790,226 100% $790,226 asphalt 10' Bay Street to Kitsap Rgnl Park mile 1.89 $1,197,312 $2,262,920 20% $452,584 8 park trail wood chip or crushed rock 6' Ruby Creek Regional Park mile 2.00 $373,631 $747,262 100% $747,262 wood chip or crushed rock 6' McCormick Village Park mile 0.33 $373,631 $123,298 100% $123,298 wood chip or crushed rock 6' Stormwater Park mile 0.75 $373,631 $280,223 100% $280,223 10 dog trail/park fenced area Central/Clayton Park acre 0.25 $200,000 $50,000 100% $50,000 11 playground uncovered - existing park Bill Bloomquist Rotary Park plygrnd 1 $100,000 $100,000 0% $0 uncovered - existing park Veterans Memorial Park plygrnd 1 $100,000 $100,000 0% $0 uncovered -existing park McCormick Village Park plygrnd 1 $100,000 $100,000 100% $100,000 uncovered - new park @ Aiken Road plygrnd 1 $471,902 $471,902 100% $471,902 uncovered - new park @ Bethell/Salmonberry Road plygrnd 1 $471,902 $471,902 100% $471,902 uncovered - new park @ Blueberry/Ramsey/Geiger Road plygrnd 1 $471,902 $471,902 100% $471,902 uncovered - new park young agi Stormwater Park plygrnd 1 $471,902 $471,902 100% $471,902 uncovered - new park older age Stormwater Park plygrnd 1 $471,902 $471,902 100% $471,902 uncovered - new park Ruby Creek Park plygrnd 1 $471,902 $471,902 100% $471,902 12 skateboard pump track Ruby Creek Park track 1 $250,000 $2S0,000 100% $250,000 skate dot @ Blueberry/Ramsey/Geiger Road dots 1 $25,000 $25,000 100% $25,000 skate dot Givens Field/Active Club dots 1 $25,000 $25,000 100% $25,000 skate dot Van Zee Park dots 1 $25,000 $25,000 100% $25,000 skate dot Bill Bloomquist Rotary Park dots 1 $25,000 $25,000 0% $0 skate dot Veterans Memorial Park dots 1 $25,000 $25,000 0% $0 13 sport court uncovered not lighted Givens Field/Active Club resurface court 1 $179,214 $179,214 100% $179,214 uncovered not lighted Bill Bloomquist Rotary Park court 1 $358,427 $358,427 0% $0 uncovered not lighted South Kitsap Regional Park court 1 $358,427 $358,427 0% $0 uncovered not lighted Veterans Memorial Park court 1 $358,427 $358,427 0% $0 uncovered not lighted @ Blueberry/Ramsey/Geiger Road court 1 $358,427 $358,427 100% $358,427 uncovered not lighted Stormwater Park court 1 $358,427 $358,427 100% $358,427 14 tennis tennis -outdoor lighted Future HS/MS school site court 4 $858,765 $3,435,060 0% $0 tennis -outdoor lighted @ Bethell/Sahnonberry Road court 2 $858,765 $1,717,530 100% $1,717,S30 15 soccer turf lighted Givens Field/Active Club field 1 $7,575,916 $7,575,916 100% $7,575,916 grass lighted @ Blueberry/Ramsey/Geiger Road field 2 $4,245,850 $8,491,700 100% $8,491,700 grass lighted Future HS/MS school site field 3 $4,245,850 $12,737,550 0% $0 youth Van Zee Park field 1 $513,425 $513,425 100% $513,425 16 baseball -new 300+grass lighted Future HS/MS school site field 1 $2,427,456 $2,427,456 0% $0 300+ grass lighted @ Blueberry/Ramsey/Geiger Road field 2 $2,427,456 $4,8S4,912 100% $4,854,912 baseball - new 250+grass lighted Future HS/MS school site field 1 $2,720,621 $2,720,621 0% $0 250+ grass lighted @ Blueberry/Ramsey/Geiger Road field 2 $2,720,621 $5,441,242 1009/ $5,441,242 250+grass unlighted East Port Orchard ES field 2 $1,518,097 $3,036,194 0% $0 baseball-infill 250+grass unlighted Van Zee Park field 1 $1,518,097 $1,518,097 50% $759,049 250+grass unlighted East Port Orchard ES field 2 $1,518,097 $3,036,194 0% $0 250+ grass unlighted Hidden Creek ES field 1 $1,518,097 $1,518,097 0% $0 250+grass unlighted Mullenix Ridge ES field 1 $1,518,097 $1,518,097 0% $0 250+ grass unlighted Orchard Heights ES field 2 $1,518,097 $3,036,194 0% $0 250+grass unlighted Marcus Whitman MS field 1 $1,518,097 $1,518,097 0% $0 250+grass unlighted Future HS/MS school site field 2 $1,518,097 $3,036,194 0% $0 baseball -insert 200+ grass unlighted Hidden Creek ES field 1 $1,288,540 $1,288,540 0% $0 200+grass unlighted Sunnyslope ES field 1 $1,288,540 $1,288,540 0% $0 17 rctn cntr indoor gymnasium Future HS/MS school site sq ft 22,500 $801 $18,022,500 0% $0 physical conditioning KPFD Community Events Ctr sq ft 600 $801 $480,600 100% $480,600 18 cmty cntr class/meeting rooms KPFD Community Events Ctr sq ft 6,000 $806 $4,836,000 100% $4,836,000 19 restrooms permanent restroom McCormick Village Park each 1 $443,460 $443,460 100% $443,460 Subtotal for facility impact 29,219 $127,901,071 $57,598,203 Total impact for land and facilities $146,787,421 $68,874,553 Port Orchard PROS Plan 121 Page 84 of 317 22 I Port Orchard PROS Plan Back to Agenda Total City dvpmnt funding Project cost share Cv = Conservation Cvl Blackjack Creek Corridor Conservation $250,000 $0 Cv2 Daylight Johnson Creek $2,200,000 $2,200,000 Cv3 Ross Point Hillside Conservation $6,250,000 $0 Cv4 Kitsap Street Daylighting $750,000 $750,000 Subtotal $9,450,000 $2,950,000 Wa = Waterfront Access for handcarry launch Wal Annapolis Foot Ferry Waterfront Access $52,734 $0 Wag Beach Drive 1-Bancroft Road Waterfront Access $52,734 $0 Wa3 Beach Drive 2-Bancroft Road Waterfront Access $52,734 $0 Wa4 Mitchell Extension/Westbay Waterfront Access $250,000 $0 Was Mitchell Point Waterfront Access $177,734 $177,734 Wa6 Ross Creek Access $52,734 $52,734 Wa7 Ross Point Access $105,468 $105,468 Wa8 SR-16/Bay Street Waterfront Access $105,468 $105,468 Subtotal $849,606 $441,404 Tr = Trails Trl Bay Street Ped Path West $4,566,494 $2,283,247 Tr2 Bay Street Pedestrian Path Ph 1 (see TIP 1.1) $2,220,000 $1,110,000 Tr3 Bay Street Pedestrian Path Segments 6-11 $3,295,892 $1,647,946 Tr4 Bay Street to Kitsap Rgnl Park Trail $2,262,920 $452,584 Try Blueberry Lake Road Trail $682,468 $0 Tr6 Glenwood Road Trail $1,532.559 $0 Tr7 Harrison Avenue Trail $250,000 $250,000 Tr8 Old Clifton Road Trail $2,035,430 $2,035,430 Tr9 Orchard Avenue Boulevard $790,226 $790,226 TrlO Sedgwick Road Trail $227,489 $0 Trll Sidney Road Trail $454,979 $0 Subtotal $18,318,457 $8,569,433 Pz = Plazas/Viewpoints Pzl KPFD Community Center Plaza $1,200,000 $1,200,000 Pz2 Central/Clayton Park $50,000 $50,000 Pz3 East Gateway Plaza $500,000 $500,000 Pz4 Orchard Avenue Plaza $1,500,000 $1,500,000 Pz5 Orchard Avenue/Prospect Street Hillclimb $500,000 $500,000 Pz6 Port Street Plaza $1,500,000 $1,500,000 Pz7 Sidney Avenue $250,000 $250,000 Subtotal $5,500,000 $5,500,000 Pk = Parks new Pkl @ Aiken Road Park $1,153,832 $1,153,832 Pk2 @ Blueberry/Ramsey/Geiger Rd Park $21,454,486 $21,454,486 Pk3 @ Bethell/Salmonberry Road Park $2,878,862 $2,878,862 Pk4 Ruby Creek Regional Park $2,219,164 $2,219,164 Pk5 Stormwater Park $2,723,804 $2,723,804 Pk6 KPFD Community Events Center $6,566,600 $6,566,600 Subtotal $36,996,748 $36,996,748 Pk = Parks infill Pk7 Etta Turner Park Expansion $750,000 $750,000 Pk8 Givens Field/Active Club $7,909,503 $7,909,503 Pk9 McCormick Village Park $2,209,991 $2,209,991 PklO Van Zee Park $2,056,522 $1,297,474 Pkl2 Waterfront Park Expansion $250,000 $250,000 Subtotal $13,176,016 $12,416,968 Pk = Parks infill County Pk13 Bill Bloomquist Rotary Park $776,660 $0 Pkl4 South Kitsap Regional Park $487,800 $0 PUS Veterans Memorial Park $612,800 $0 Subtotal $1,877,260 $0 Sd = School improvements Sell East Port Orchard ES $6,072.388 $0 Sd2 Hidden Creek Es $2,806,637 $0 Sd3 Mullenix Ridge ES $1,518,097 $0 Sd4 Orchard Heights ES $3,036,194 $0 Sd5 Sunnyslope ES $1,288,540 $0 Sd6 Marcus Whitman MS $1,518,097 $0 Sd7 Future HSMS school site $42,379,381 $0 Subtotal $58,619,334 $0 Contingency - to be determined $2,000,000 $2,000,000 Total $146,787,422 $68,874,553 Page 85 of 317 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 8A Subject: Adoption of an Ordinance Recognizing Juneteenth as a Holidav and Amending Port Orchard Municipal Code Section 10.12.010 Definitions, "Holidays" Back to Agenda Meeting Date: May 24, 2022 Prepared by: Brandy Wallace, MMC, CPRO Citv Clerk Atty Routing No.: 366922.0005 — Clerk Atty Review Date: 05/17/2022 Summary: The Washington State Legislature recently passed House Bill 1016, effective July 25, 2021, establishing the nineteenth day of June, recognized as Juneteenth, as a legal holiday in Washington in remembrance for the day news of the Emancipation Proclamation and the end of the Civil War reached Galveston, Texas and all enslaved persons were released from bondage. The City Council desires to follow suit and recognize Juneteenth as a holiday in the City of Port Orchard. Accordingly, this Ordinance would amend a provision of the parking regulations in the Port Orchard Municipal Code to establish Juneteenth as a legal holiday for the City. This Ordinance also requests the Mayor modify personnel policies as needed to implement the Ordinance, consistent with POMC 2.28.050, which states all recognized holidays are set out in policy. Additionally, through this Ordinance the Mayor is authorized to sign Memoranda of Understanding with Teamster Local No. 589 to memorialize Juneteenth as a holiday for the represented employees. Consistent with this direction, all employees eligible for comprehensive leave benefits would be granted the June 19th, known as Juneteenth, the designated holiday with pay. Recommendation: N/A Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt an ordinance amending POMC 10.12.010 to include the 19th day of June, commonly known as Juneteenth, as a recognized City holiday. Fiscal Impact: Fiscal impact is the same as other approved City Holidays. Alternatives: Do not adopt and provide further direction to staff. Attachments: None. Page 86 of 317 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AMENDING PORT ORCHARD MUNICIPAL CODE SECTION 10.12.010 TO ADD JUNETEENTH AS A LEGAL HOLIDAY; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the State Legislature recently passed House Bill 1016, effective July 25, 2021, establishing the nineteenth day of June, recognized as Juneteenth, as a state legal holiday in remembrance for the day news of the Emancipation Proclamation and the end of the Civil War reached Galveston, Texas and all enslaved persons were released from bondage; and WHEREAS, in order to recognize the importance of this day, the City Council desires to recognize Juneteenth as a holiday within the City of Port Orchard; and WHEREAS, the City Council desires to amend Section 10.12.010 of the parking regulations set out in the Port Orchard Municipal Code to recognize Juneteenth as a legal holiday for the City; and WHEREAS, the City Council desires to authorize all employees eligible for comprehensive leave benefits to receive June 19th, known as Juneteenth, the designated holiday with pay; now therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Amendment of Personnel Policies. Consistent with POMC 2.28.050, Council requests the Mayor modify personnel policies as needed to implement this Ordinance. SECTION 2. Collective Bargaining Authorization. The Council authorizes the Mayor to execute Memoranda of Understanding with the Teamsters Local No. 589 to memorialize Juneteenth as a holiday for the represented employees. SECTION 3. POMC Section 10.12.010, Amended. Section 10.12.010 of the Port Orchard Municipal Code, entitled "Definitions", is hereby amended to read in part as follows: 10.12.010 Definitions. (7) "Holidays" include the first day of January, commonly called New Year's Day; the third Monday in January, commonly called Martin Luther King Jr. day; the third Monday of February, being celebrated as the anniversary of the birth of George Washington; the thirtieth day of May, commonly known as Memorial Day; the nineteenth day of June, commonly known as Juneteenth; the fourth day of July, being the anniversary of the Declaration of Independence; Page 87 of 317 Back to Agenda , 2 of 2 the first Monday in September, to be known as Labor Day; the fourth Thursday in November, to be known as Thanksgiving Day; the twenty-fifth day of December, commonly called Christmas Day; and any other day specified by ordinance by the city of Port Orchard to be a holiday. Whenever any holiday falls upon a Sunday, the following Monday shall be a holiday. (WAC 308- 330-127) SECTION 4. 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 5. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 6. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24th day of May 2022. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Wallace, MMC, City Clerk John Clauson, Councilmember /_1»[i91y"_V1210110110kIE Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 88 of 317 rk h Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Aeenda Staff Resort Back to Agenda Business Item 8B Meeting Date Adoption of an Ordinance Establishing a Prepared by $10,000 Recruitment Incentive for Lateral Peace Officers Atty Routing No May 24, 2022 Debbie Lund HR Manager 366922-0008 — HR May 20, 2022 Summary: On February 22, 2022, the Port Orchard City Council authorized the Mayor to sign a Memorandum of Understanding (MOU) with the Police Guild representing Patrol Officers to provide for a recruitment incentive program for Lateral Peace Officers. In order to enable the Police Department to recruit, fill vacancies, and lighten the workload on current personnel, the MOU contained a provision providing for a $5,000 recruitment incentive for lateral officers upon hire and an additional $10,000 after successful completion of probation. The MOU contained language relating the repayment of the incentives if the officer did not fulfil certain benchmarks during their employment with the City. Repeated attempts by the City to obtain approval of the MOU from the Guild have been unsuccessful. Despite the lack of agreement from the Guild, the City continues to look for tools to utilize to attract qualified Lateral Peace Officer applicants in a very competitive marketplace. The City Council has the authority to offer a monetary recruitment incentive paid upon hire without Guild agreement. Therefore, the ordinance for consideration tonight would authorize the Mayor to provide a $10,000 recruitment incentive for lateral peace officer applicants. The primary difference between this proposal and the MOU previously approved is that the City removes the repayment provision from the MOU, which would require the union's pre -approval. Regarding the previously -approved MOU: on May 20, 2022, the Mayor gave written notice to the Guild representing Patrol Officers that the previous MOU would be terminated if not signed and received before May 31, 2022. This is to prevent a duplication of hiring incentive programs. The proposed Ordinance for consideration tonight would become effective for lateral officers with a starting date of June 1, 2022. Incentivizing new hires remains a priority for the City and, at the request of the Finance Committee, the City will attempt to negotiate a new MOU with the Guild to provide for an additional hiring incentive for lateral peace officers upon completion of probation. If those negotiations are successful, a separate MOU will be presented to council at a future date. Recommendation: Staff recommends adoption of an Ordinance authorizing the Mayor to approve a $10,000 hiring incentive to qualified lateral peace officer applicants. Relationship to Comprehensive Plan: None. Page 89 of 317 Staff Report 8B Back to Agenda Page 2 of 2 Motion for consideration: I move to adopt an Ordinance authorizing the Mayor to provide a $10,000 hiring incentive to qualified lateral peace officer applicants, effective June 1, 2022. Fiscal Impact: Cost is negligible, if any, when considering the expense of the Basic Law Enforcement Academy (which is not a cost applicable to lateral hires). Alternatives: Not approve this request and provide alternative guidance. Attachment: Ordinance. Page 90 of 317 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO A RECRUITMENT INCENTIVE FOR QUALIFIED LATERAL PEACE OFFICERS; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, at the February 22, 2022, the Port Orchard City Council authorized the Mayor to sign a Memorandum of Understanding (MOU) with the Police Guild representing Patrol Officers to provide for a recruitment incentive program for Lateral Peace Officers; and WHEREAS, the MOU provided for, amongst other things, a $5,000 recruitment incentive upon hire and an additional $10,000 after successful completion of probation; and WHEREAS, the MOU provided for repayment of the initial $5,000 if the lateral peace officer did not remain employed for one year; and WHEREAS, the MOU provided for the repayment of the additional $10,000 if the lateral peace officer did not remain employed for two years; and WHEREAS, to date the Police Guild representing Patrol Officers has not signed the MOU, preventing the City from implementing the lateral officer recruitment incentive program as adopted; and WHEREAS, the City of Port Orchard continues to look for options to be competitive in the market for qualified Lateral Peace Officers; and WHEREAS, the hiring of qualified Lateral Peace Officers would enable the City to fill vacant positions and limit mandatory overtime for existing employees, providing an improved work/life balance, as well as saving the City over $5,000 in charges that would otherwise be incurred to send an Entry Level Officer to the Basic Law Enforcement Academy; and WHEREAS, the City Council has the authority to authorize recruitment incentives for employees covered by a collective bargaining agreement provided that the incentive is not conditioned upon any action of the employee once employed; and WHEREAS, to avoid a duplication of recruitment incentive programs the Police Guild representing Patrol Officers has been appropriately notified that the previously approved MOU will be terminated as of May 31, 2022; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The Mayor is authorized to offer a $10,000 recruitment incentive to Lateral Police Officer candidates who have: a. Completed the Washington State Basic Law Enforcement Academy; Page 91 of 317 Back to Agenda , 2 of 2 b. Meet all other criteria to be eligible for consideration as a Lateral Police Officer Candidate under the City of Port Orchard's Police Civil Service Rules; and c. Been given an unconditional offer and accepted the position of Patrol Officer with the Port Orchard Police Department with a start date later than the effective date of this ordinance. SECTION 2. The recruitment incentive will be paid on the first available paycheck after date of hire, as determined by payroll. All payments are considered gross wages and subject to applicable payroll taxes and withholdings. SECTION 3. If the Police Guild representing Patrol Officers and the City sign any agreement or memorandum of understanding providing substantially the same recruitment incentive, this ordinance will be void. SECTION 4. 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 S. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 6. Effective Date. This ordinance shall be in full force and effect five (5) days after publication as required by law or June 1, 2022, whichever is later. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 24t" day of May 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney John Clauson, Councilmember PUBLISHED: EFFECTIVE DATE: Page 92 of 317 ;0 4 a Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8C Adoption of Resolution Granting Final Plat Approval for Stetson Heights Phase 2 Back to Agenda Meeting Date Prepared by May 24, 2022 Nick Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: On November 12, 2021, property owners SSHI, LLC dba DR Horton and SHOR, LLC submitted an application for final plat approval for Phase 2 of the Stetson Heights subdivision project. The City of Port Orchard Hearing Examiner granted preliminary plat approval with conditions on September 1, 2016. Pursuant to WAC 197-11-630 and 965, SEPA Mitigated Determination of Non -Significance was issued for the Stetson Heights Subdivision on June 24, 2016. The applicant for final plat submitted a request for an administrative minor plat amendment from the City of Port Orchard which was approved on June 18, 2018. The area under consideration for final plat was identified as Phases 2 and 4 in the approved minor plat amendment. The final plat for Phase 2 of the Stetson Heights subdivision creates 113 single-family residential lots and 4 tracts for passive recreation, active recreation, and stormwater. 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. Stormwater ponds within the final plat are private and will be owned and maintained by the HOA. Relationship to Comprehensive Plan: N/A Recommendation: Adoption of a resolution, granting approval of the final plat of Stetson Heights Phase 2. Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for Stetson Heights Phase 2. Fiscal Impact: Revenue generated by construction activity, building permit fees, capital facility charges, impact fees, sales tax, increased property valuation, utility tax. Expenditures related to ongoing maintenance of public infrastructure and provision of services to new residents. Alternatives: Approval with added conditions. Attachments: Resolution, Plat map, Department of Community Development Approval Letter, Public Works Approval Letter, Bill of Sale, Performance Bond for certain civil improvements, and Performance Bond for landscaping. Page 93 of 317 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 113-LOT, 3-TRACT PLAT KNOWN AS STETSON HEIGHTS PHASE 2 WHEREAS, on September 1, 2016, the City's Hearing Examiner approved the Preliminary Plat known as Stetson Heights; and WHEREAS, on June 24, 2016, the City issued a SEPA Mitigated Determination of Non - Significance for the Stetson Heights Plat; and WHEREAS, on June 13, 2018, the City approved a minor plat amendment for the Stetson Heights plat; and WHEREAS, on February 9, 2021, the City approved the final plat of Phase 1 of the Stetson Heights subdivision; and WHEREAS, on November 12, 2021, an application was submitted for the final plat of Phase 2 of the Stetson Heights preliminary plat, to include 113 single-family residential lots, and three tracts; and WHEREAS, Phase 2 of the Stetson Heights Final Plat includes phases 2 and 4 as described in the approved and amended preliminary plat; and WHEREAS, City staff have reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in place to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the Applicant has secured bonds guaranteeing completion of certain improvements required by the Preliminary Plat Approval; and WHEREAS, the City Council finds that the Stetson Heights Phase 2 final plat conforms to all terms and conditions of the preliminary plat approval and that said subdivision meets the requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and Page 94 of 317 Back to Agenda D. Page 2 of 2 WHEREAS, the City Council finds that Plat of Stetson Heights Phase 2 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 Stetson Heights Phase 2, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The Stetson Heights Phase 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. 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 24t" day of May 2022. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 95 of 317 Back to Agenda A PORTION OF DEDICATION STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETfE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENT THAT THE UNDERSIGNED: HEREBY DECLARE THIS LAND PLATTED AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS, ROADS, AND EASEMENTS SHOWN ON THE PLAT AND USE THEREOF FOR ANY AND ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY CUTS AND FILLS FOR SLOPES UPON THE LOTS SHOWN ON THIS PLAT IN THE REASONABLE ORIGINAL GRADING OF ALL THE STREETS AND ROADS SHOWN HEREON; ALSO THE RIGHT TO DRAIN ALL STREETS, ROADS, AND EASEMENTS OVER AND ACROSS ANY LOT OR LOTS WHERE WATER MIGHT TAKE A NATURAL DRAINAGE COURSE AFTER THE STREET OR STREETS ARE GRADED. DIMENSIONS AND USE OF ALL LOTS EMBRACES IN THIS PLAT ARE SUBJECT TO AND SHALL BE IN CONFORMITY WITH THE CITY OF PORT ORCHARD ZONING REGULATIONS. THE OWNERS HEREOF, AND THEIR SUCCESSORS AND ASSIGNS, HEREBY WAIVE ALL CLAIMS FOR ANY DAMAGES AGAINST GOVERNMENTAL AUTHORITY ARISING FROM CONSTRUCTION, DRAINAGE, AND MAINTENANCE OF PUBLIC FACILITIES AND PUBLIC PROPERTY WITHIN THIS PLAT. ALL STORK} SEWER, SANITARY SEWER, WATER AND APPURTENANCES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY DEDICATED TO THE CITY OF PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF PORT ORCHARD. THIS SUBDIVISION, DEDICATION, RELEASE, INDEMNIFICATION OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. FURTHERMORE, WE UNDERSIGNED OWNERS OF THE INTERESTS IN THE REAL ESTATE DESCRIBED HEREIN HERESY DECLARE THIS MAP AND DEDICATES THE SAME FOR A COMMON INTEREST COMMUNITY NAMED STETSON HEIGHTS, 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 OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR STETSON HEIGHTS, RECORDED UNDER KITSAP COUNTY RECORDING NO. 202102120313 AND THE FIRST AMENDMENT TO DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR STETSON HEIGHTS, RECORDED UNDER KITSAP COUNTY RECORDING NO. TRACT'S B-1 & B-2 ARE PASSIVE RECREATION TRACT'S, TRACT B-3 IS A STORMWATER TRACT AND TRACT B-4 IS AN ACTIVE RECREATION TRACT AND ARE DEDICATED TO THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION, THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION IS RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACTS. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS AND SEALS THIS + DAY OF J 2025p- SHOR, LLC, A WAjSJINGTWUMITED LIABILITY COMPANY IT'S: SSHI, LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA D.R. HORTON BY: SHLR f7�r4ASHINGfON, INC., A WASHINGTON CORPORATION, ITS SOLE MEMBER ITS:SEATTLE DIVISION PRESIDENT LLC, A DELAWARE LIMITED LIABILITY COMPANY Cho ms: OWNER AND LENDER ACKNOWLEDGEMENTS STATE OF wA4w*wiK 0K040N }55 COUNTY OF ON THIS 4 DAY OF ■ M 20aatEFOR�/E ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF DULY O MISSIONED AND SWORN, PERSONALLY APPEARED K liL ,i L. J�lQV TO ME KNOWN TO BE THE �' F SHOR, LLC., A WASHINGTON LIMITED LIABILITY COMPANY, THE COMPANY THAT EXECUTED THE FOREGOING INSTRUMENT ANNAZOGED THAT SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT OF AND DEED OF SAID COMPANY, FOR THE USES AND PURPOSES THEREI NLEIiTIONED, AND ON OATH STATED THAT (HE/SHEjTHEY) (IS/ARE) AUTHORIZED TO EXECUTE THE SAID INSTRUMENT. GIV DER MY SEAL OF OFFICE THIS Lf DRY OF _ , Y 20 i OFFICIAL STAMP NOTARY PUBLI IN AND FOR THE STATE ❑F �1h -D1ZI G�/l1 + PATRICIA ANN NOTARY PUBLIC - OREGON JaNES � PRINTEd.W�LME: �}Ti2 I Cl f� /�! �+5 COMMISSION NO. 1022954 MY COMMISSION EXPIRES: ►Y i ] [x.s. p�,� rr A4 =f(2 MY COMMISSION EXPIRES MARCH 22, 2026 STATE OF WASHINGTON ) )SS COUNTY OF I -' ON THIS 1_ DAY OF :Y r'` 20J BEFORE ME, THE UNDERSIGNED, A NOTARY PUSLiC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED KEVIN CAPUZZI, TO ME KNOWN TO BE THE SEATTLE DMSION PRESIDENT OF SHLR OF WASHINGTON, INC. A WASHINGTON CORPORATION, THE SOLE MEMBER OF SSHI, LLC, A DELAWARE LIMITED LIABILITY COMPANY DBA D.R. HORTON, THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT OF AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT (HE/SHEjTHEY) (IS/ARE) AUTHORIZED TO EXECUTE THE SAID INSTRUMENT, GIVEN UNDER MY HAND AND SEAL OF OFFIC�,THIS _��Vk DAY OF I: A, 20�, . LSEA MARGa , NOTARY PUBLIC IN AND FOR T#tI STATE OF WASHINGTON G : •''•SSIan, '• pA112r20"�.Or •• f�U1 PRINTED NAME: _l'_ t `� C C� i� PY clVi 1� C' N OTp Ri' p�,': - MY COMMISSION EXPIRES: �� Z C"L pUBLIC STATE OF WASHINGTON )Ss rrr ••• NUAR9E� OF COUNTY OF �, '•�/►=J\ WASH ON THIS �� DAY OF �'I�?-� _ 2022 BEF RE�ME, T UNDEI[�f h SA'A'06TARY PUBLIC IN AND FOR THE STATE OF S I WAf TON, DULY COMMISSIONED AOSWORN, PERSONALLY APPEARED ia� V* A TO ME KNOWN TO BE THE G C? _ OF BRMK LENDING, LLC., A DELAWARE LIMITED LIABILITY COMPANY, THE COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT AND ACKNOWLEDGED THAT SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT OF AND DEED OF SAID COMPANY, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT, (HE/SHEff4iEY) (IS/ARE) AUTHORIZED TO EXECUTE THE SAID INSTRUMENT. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS .34DAY OF 1"` Jd 2fl Z 2- rz_eaL� J&�X� NOTARY PUBLIC IN AND FOR THE STATE 0 WASHINGTON PRINTED NAME: Laurie Se>ltiu> ,LA MY COMMISSION EXPIRES: W-2 LAURIE SOLOWAY NOTARY PUBLIC #158369 STATE OF WASHINGTON COMMISSION EXPIRES MARCH 2, 2024 COUNTY TREASURER APPROVAL THIS IS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAS BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR EXECUTED THIS DAY OF COUNTY TREASURER CITY COUNCIL APPROVAL 20_ APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD. ATTEST: CITY CLERK MAYOR CITY ENGINEER APPROVAL DATE DATE I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE STREETS, ALLEYS, AND OTHER RIGHT-OF-WAY, DESIGN OF BRIDGES, SEWAGE, AND WATER SYSTEMS, AND OTHER STRUCTURES. CITY FINANCE ❑IRECTOR APPROVAL I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THAT PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN FULLY PAID, SATISFIED, OR DISCHARGED.. EXECUTED THIS DAY OF FINANCE DIRECTOR COUNTY AUDITOR FILED AT THE REQUEST OF 20 , AND RECORDED IN VOLUME COUNTY, WASHINGTON. COUNTY AUDITOR 20, DATE THIS DAY OF OF PLATS, PAGES , RECORDS OF KITSAP COMMUNITY DEVELOPMENT DIRECTOR I HEREBY CERTIFY THAT THIS FINALISHORT PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY/SHORT PLAT APPROVAL. I HAVE APPROVED THIS FINAL/SHORT PLAT AS TO THE LAYOUT OF STREETS, ALLEYS AND ITHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED THIS DAY OF , 20 EXAMINED AND APPROVED THIS DAY OF 20COMMUNITY DEVELOPMENT DIRECTOR CITY ENGINEER SURVEYOR'S CERTIFICATE I, BRYAN R. SHAW, REGISTERED AS A LAND SURVEYOR BY THE STATE OF WASHINGTON, CERTIFY THAT THIS PLAT OF STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II, IS BASED UPON AN ACTUAL SURVEY OF THE LAND DESCRIBED HEREIN, CONDUCTED BY ME OR CINDER MY SUPERVISION IN MAY, 2020, THAT THE DISTANCES, COURSES, AND ANGLES ARE SHOWN THEREON CORRECTLY, AND THAT MONUMENTS AND LOT CORNERS OTHER THAN THOSE APPROVED FOR SETTING AT A LATER DATE, HAVING BEEN SET AS DEPICTED ON THE PLAT. FURTHERMORE, 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 SHOR, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, HEREBY CERTIFY THAT THIS MAP FOR STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II, 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; AND THAT ALL HORIZONTAL AND VERTICAL BOUNDARIES OF THE UNITS, (1) TO THE EXTENT DETERMINED BY THE WALLS, FLOORS, OR CEILINGS THEREOF, OR OTHER PHYSICAL MONUMENTS, ARE SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH SAID MAP, OR (2) TO THE EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN ON THE MAP. PROFESSIONAL LAND SURVEYOR CERTIFICATE NUMBER 49290 SURVEYOR'S ACKNOWLEDGEMENT STATE OF WASHINGTON ] COUNTY OF PIERCE ) I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT BRYAN R- SHAW IS THE PERSON WHO APPEARED BEFORE ME, ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MENTIONED IN THIS INSTRUMENT. SECTION SUBDIVISION NW CORNER SECTION 10, 1--1/2" SCALE: 1" = 1,000' IRON PIPE 1,2' ABOVE GRADE, NE CORNER SECTION 10 VISITED 2/26/2020 BRASS PIN SET IN CONC DOWN 4 3� 0.85' IN CASE N87'40'04"W 2,607.04' VISITED 2/26/2020 3 R 10 10 j— N87'40'28"W 2,607. — +r6 111 N 1/4 CORNER SECTION 10 CALCULATED POSITION `QCIA ! I, — CENTER SECTION 10 ❑Q Co 3/4" IRON PIPE UP 0.4' - - --� — - ----- 0.3' N & 0.4' E OF z CALCULATED POSITION + VISITED 6/30/2020 I N �v E 1/4 CORNER SECTION 10 I 0 3" BRASS DISK W/ 'X' & (CALCL.S87'33'38'E CORNER SECTION 10 PUNCH SET IN CONC LATED POSITION DOWN 0.95' IN CASE l 2,601,77' VISITED 2/26/2020 ! SW PENDLETON WAY lit 9' SITE PHASE II ;` S8733'387E 2,607.78'— I To 1 4 WAVERLYC' I RD SW �aG w _ I [� tr w —7- CIA ZN in ! SWf SEDGE STqk z z 1Q PHASE II 11QLAJ 16 �� ~N$711'02"yy 2,595.25' — 10 h1 �5 N87'48'24"W 2,608,57' �5 14 S 1/4 CORNER SECTION 10 SW CORNER SECTION 10 3" BRASS DISK W/ 'X' & SE CORNER SECTION 10 2" BRASS DISK W/'X' & PUNCH MARKED "KITSAP 3" BRASS DISK W/'X' & 'NE/16' AT SURFACE COUNTY, T23N, R1 E, 10/15" PUNCH DOWN 0.85' IN CASE VISITED 2/26/2020 VISITED 2/26/2020 VISITED 2/26/2020 GIVEN UNDER MY HAND AND SEAL OF OFFICE THISAY OF Jf�f`i i �����\�N'����ti 111I `20 2T" A e4 07RR �'y t[► / = a NOTARY PUBLIC N ND FOR THE STATE OF WASHINGTON ; 0 � 47766{3 � / -1 I,, I► B 1_� s O PRINTED NAME:Q�4'I��`1x3 `��'E MY COMMISSION EXPIRES; UTf dl�Il1 '� WASH SHEET 1 OF 10 LARSON AND ASSOCiATES LAND SURVEYORS ENGINEERS pill PLANNERS =TACOMA, CIFIC AVENUE, SUITE /7t 9=PH WASHTNGTON 98444-64-34041 FAX (253)472-735 Page 96 of 317 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1J4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON NOTES TITLE REPORT EXCEPTIONS LEGAL DESCRIPTION 1. ALL LOTS SHALL ACCESS FROM INTERIOR ROADS ONLY. (PER FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO. 611296395-SIXTH, DATED APRIL 28, 2022) (PER FIDELITY NATIONAL TITLE INSURANCE COMPANY GUARANTEE NO. 611296395-SIXTH, 1. ASSESSMENTS, IF ANY LEVIED BY THE CITY OF PORT ORCHARD. DATED APRIL 28, 2022) 2. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE TRACTS B AND D, STETSON HEIGHTS, A PLAT COMMUNITY, PHASE 1, AS OF ALL ROADWAY IMPROVEMENTS WITHIN ANY PRIVATE RIGHT-OF-WAY WITH THIS PLAT, INCLUDING 2. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PER PLAT RECORDED IN VOLUME 35 OF PLATS, PAGES 147 THROUGH 156, TRAFFIC SIGNAGE. PROVISIONS, ENCROACHMENTS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. AND OTHER MATTERS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, 3. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE INCULDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL OF ALL STORM DRAINAGE FACILITIES & LANDSCAPING INSTALLED WITHIN THE BOUNDARIES OF THIS ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, SUBDIVISION, INCLUDING THE 10 FOOT PERMANENT LANDSCAPING EASEMENT ON THE NORTHERLY 10 ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT FEET OF LOTS 184 THRU 190 AS DEPICTED ON SHEETS S AND 6. TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON BOUNDARY LINE ADJUSTMENT, IN DOCUMENT DATED FEBRUARY 15, 2018 RECORDING NO. 4. REFERENCE TO LOT SHALL REFER TO UNIT AS THAT TERM IS DEFINED IN THE WASHINGTON UNIFORM 201802150061. COMMON INTEREST OWNERSHIP ACT. 3. EASEMENT(S) TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, IMPROVE, REMOVE, UPGRADE 5. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE REPAIR, AND EXTEND ONE OR MORE UTILITY SYSTEMS IN DOCUMENT DATED MAY, 31, 2018 RECORDING NO. REPLACEMENT AND MAINTENANCE OF ALL FENCING AND SIGNAGE WITHIN STORM DRAINAGE TRACTS. 201805310104. (SHOWN AS E1 ON PLAT) 4. ANY RIGHTS, INTERESTS, OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF MATTERS GENERAL UTILITY EASEMENT NOTES DISCLOSED IN SURVEY FOR BOUNDARY LINE ADJUSTMENT DATED OCTOBER 2, 2018 RECORDING NO. 201810020216. (ENCOMPASSES ENTIRE SITE) 6. CITY OF PORT ORCHARD WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO ANY PRIVATE ROADS, TRACTS, AND/OR EASEMENT AREAS THAT MAY OCCUR DURING ROUTINE MAINTENANCE ACTIVITIES AND 5. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT THAT IN CITY OF PORT ORCHARD'S JUDGMENT OCCUR, IN WHOLE OR IN PART, BECAUSE OF ANY PROVISIONS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, AND OTHER MATTERS, CONSTRUCTION MATERIALS OR TECHNIQUES, OR ANY MAINTENANCE MATERIALS OR TECHNIQUES. THIS IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED INCLUDES, BUT IS NOT LIMITED TO, DAMAGE TO PAVEMENT OR VEGETATED AREAS CAUSED BY TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MAINTENANCE TRUCKS. MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID 7. DECLARANT HEREBY RESERVES, GRANTS, AND CONVEYS TO UTILITY PROVIDERS, INCLUDING BUT NOT COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET FORTH ON BOUNDARY LINE LIMITED TO PUGET SOUND ENERGY, CENTURYLINK, COMCAST, CASCADE NATURAL GAS, THE CITY OF ADJUSTMENT, IN DOCUMENT DATED OCTOBER 2, 2018 RECORDING NO. 201810020219. PORT ORCHARD, WAVE BROADBAND CABLE, WASTE MANAGEMENT AND SOUTH KITSAP FIRE AND (ENCOMPASSES ENTIRE SITE) RESCUE, THEIR SUCCESSORS AND ASSIGNS, AND ANY OTHER PURVEYORS OF ELECTRICITY, TELEPHONE, INTEREET, WATER SEWER GARBAGE AND CABLE SERVICES AND THEIR RESPECTIVE SUCCESSORS AND 6. DECLARATION OF COVENANT ASSOCIATED WITH PERFORMANCE OF SITE STABILIZATION AND ASSIGNS, PERPETUAL EASEMENTS UNDER AND UPON THE LOTS OF THE PROPERTY AS SHOWN AND/OR EROSION CONTROL AND SEDIMENTATION CONTROL FACILITIES IN DOCUMENT DATED MAY 1, 2020 DESCRIBED ON THE FACE OF THE PLAT MAP, WHICH SHALL BE THE TEN FEET (10� OF ALL LOTS AND RECORDING NO. 202005010217. TRACTS WITHIN THE PLAT LYING PARALLEL WITH AND ADJOINING ALL ROADWAYS IN WHICH TO INSTALL, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, AND ENLARGE UNDERGROUND PIPES, 7. DECLARATION OF COVENANT ASSOCIATED WITH PERFORMANCE OF SITE STABILIZATION AND BUILDING SETBACKS CONDUITS, CABLES AND WIRES WITH ALL NECESSARY OR CONVENIENT UNDERGROUND OR EROSION AND SEDIMENTATION CONTROL FACILITIES IN DOCUMENT DATED MAY 6, 2020 RECORDING FRONT YARD: 15' GROUND -MOUNTED APPURTENANCES THERETO FOR THE PURPOSE OF SERVING THE PLAT AND OTHER NO. 202005060100. PROPERTY WITH ELECTRIC, GAS, TELEVISION, INTERNET, WATER AND OTHER UTILITY SERVICES, REAR YARD: 10, TOGETHER WITH THE RIGHT TO ENTER UPON THE ROADWAYS AND LOTS AT ALL TIMES FOR THE 8. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT SIDE YARD: 5' PURPOSES HEREIN STATED. PROVISIONS, ENCROACHMENTS, DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, NOTE: BUILDINGS PROPOSED AT THE AND OTHER MATTERS, IF ANY, BUT OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, TOP OF SLOPES GREATER THAN 30% 8. NO PERMANENT STRUCTURES SHALL BE INSTALLED WITHIN UTILITY EASEMENTS. INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL SHALL HAVE A REAR YARD SETBACK OF ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, TWENTY-FIVE (25) FEET FROM THE PRIVATE STORM DRAINAGE EASEMENT NOTES ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, EXCEPT EDGE OF EXTERIOR FOOTINGS FOR TO THE EXTENT THAT SAIL] COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, AS SET BOTH NATURAL AND ENGINEERED FILL 9. ALL LOTS AND TRACTS WITHIN THIS PLAT ARE HEREBY SUBJECT TO A PRIVATE STORM DRAINAGE FORTH ON PLAT OF STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I, RECORDING NO. SLOPES UNLESS OTHERWISE EASEMENT AS SHOWN HEREON WHICH SHALL BE LOCATED WITHIN THE TEN (10) TO THIRTEEN (13) 202102120310. APPROVED BY A GEOTECHNICAL FEET OF ALL LOTS AND TRACTS WITHIN THE PLAT LYING PARALLEL WITH AND ALL ADJOINING ENGINEER (PER CONDITION OF ROADWAYS. SAID PRIVATE STORM DRAINAGE EASEMENT IS FOR THE PURPOSES OF INSTALLING AND 9. COVENANTS, CONDITIONS AND RESTRICTIONS BUT OMITTING ANY COVENANTS OR RESTRICTIONS, APPROVAL B. LAND USE, 4.). MAINTANING PRIVATE STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. THE STETSON HEIGHTS IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL HOMEOWNERS ASSOCIATION (HOA) SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, RECONSTRUCTION OF THE PRIVATE DRAINAGE FACILITIES LOCATED WITHIN SAID EASEMENT. ANCESTRY, SOURCE OF INCOME, GENDER, GENDER IDENTITY, GENDER EXPRESSION, MEDICAL CONDITION OR GENETIC INFORMATION, AS SET FORTH IN APPLICABLE STATE OR FEDERAL LAWS, 10. LOTS 104-110, 113-116, 119, 120, 125, 139, 142, 146-148, 156-159 & 166-168 ARE SUBJECT TO A EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS PERMITTED BY APPLICABLE LAW, SHEET INDEX PRIVATE STORM DRAINAGE EASEMENT IS FOR THE PURPOSES OF INSTALLING AND MAINTAINING AS SET FORTH IN THE DOCUMENT DATED FEBRUARY 12, 2021 RECORDING NO. 202102120313. PRIVATE STORM DRAINAGE FACILITIES WITHIN SAID EASEMENT. THE STETSON HEIGHTS SHEET 1 DEDICATION, SIGNATURES HOMEOWNERS ASSOCIATION (HOA) SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR MODIFICATION(S) OF SAID COVENANTS, CONDITIONS AND RESTRICTIONS SHEET 2 LEGAL DESCRIPTION, NOTES RECONSTRUCTION OF THE PRIVATE DRAINAGE FACILITIES LOCATED WITHIN SAID EASEMENT. AS SET FORTH IN THE DOCUMENT DATED MAY 2, 2022 RECORDING NO. 202205020338. SHEET 3 SECTION VIEW, SITE SHEET 4 MAP 11. LOTS 169-182 ARE SUBJECT TO A PRIVATE STORM DRAINAGE EASEMENT AS SHOWN HEREON WHICH IS 10. ANY UNPAID ASSESSMENTS OR CHARGES AND LIABILITY TO FURTHER ASSESSMENTS OR CHARGES, SHEET 5 MAP LOCATED WITHIN THE NORTHERLY THREE (3) FEET OF SAID LOTS. SAID PRIVATE STORM DRAINAGE FOR WHICH A LIEN MAY HAVE ARISEN (OR MAY RISE), AS PROVIDED FOR UNDER WASHINGTON LAW SHEET 6 MAP EASEMENT IS FOR THE PURPOSES OF INSTALLING AND MAINTANING PRIVATE STORM DRAINAGE IMPOSED BY THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION. SHEET 7 MAP FACILITIES WITHIN SAID EASEMENT. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA) SHEET 8 MAP SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THE PRIVATE 11. TERMS AND CONDITIONS OF SANITARY SEWER EASEMENT IN DOCUMENT DATED FEBRUARY 12, 2021, SHEET 9 LINE & CURVE TABLES DRAINAGE FACILITIES LOCATED WITHIN SAID EASEMENT. RECORDING NUMBER 202102120314. SHEET 10 LOT ADDRESS TABLE PRIVATE SANITARY SEWER EASEMENT NOTES 12. ASSIGNMENT OF DECLARANT RIGHTS IN DOCUMENT DATED FEBRUARY 25, 2021 UNDER RECORDING 12. PRIVATE SANITARY SEWER EASEMENTS ARE LOCATED OVER AND UPON LOTS 291-304, AS SHOWN ON NO. 202102250259. HORIZONTAL DATUM SHEET 8. SAID PRIVATE SANITARY SEWER EASEMENT IS FOR THE PURPOSES OF INSTALLING AND 13. EASEMENT(S) TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, IMPROVE, REMOVE, UPGRADE NAD 83/11 WASHINGTON NORTH ZONE MAINTAINING PRIVATE SANITARY SEWER FACILITIES WITHIN SAID EASEMENT. THE STETSON HEIGHTS AND EXTEND ONE OR MORE UTILITY SYSTEMS FOR PURPOSES OF TRANSMISSION, DISTRIBUTION, ESTABLISHED USING GPS RTK ROVER CONSTRAINED TO HOMEOWNERS ASSOCIATION (HOA) SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR AND SALE OF GAS AND ELECTRICITY IN DOCUMENT DATED SEPTEMBER 7, 2021 RECORDING NO. THE WASHINGTON STATE REFERENCE NETWORK RECONSTRUCTION OF THE PRIVATE SANITARY SEWER FACILITIES WITHIN SAID EASEMENT. 202109070219. (SHOWN AS E1 ON PLAT) (WSRN) STATIONS TRACT NOTES 14-15 GENERAL AND SPECIAL TAXES AND CHARGES. SHEET 2 OF 10 13. TRACTS B-1 AND B-2 ARE PASSIVE RECREATION TRACTS. THE MAINTENANCE OF SAID TRACTS ARE THE 16-17 NOT SURVEY RELATED. ✓ 1101ZZ- RESPONSIBILITY OF THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA). LARSON R. Spy 14. TRACT B-3 IS A STORMWATER TRACT. THE MAINTENANCE OF SAID TRACT IS THE RESPONSIBILITY OF WAS '9GL THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA). AND /'�4L7�7�.�SIA�S ��� �� LAND SURVEYORS 15. TRACT B-4 IS AN ACTIVE RECREATION TRACT. THE MAINTENANCE OF SAID TRACT IS THE ENGINEERS RESPONSIBILITY OF THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA). 492 0 d PLANNERS AA LA13TJ 9027 PACIFIC AVENUE, SUITE 4 9416 FP PH 2&4 TACOMA, WASHINGTON 98444-6247 04/29/2022 (253)474-3404I FAX (253)472-7358 ��� Page 97 of 317 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II A PORTION OF THE NW 114, NE 114, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON 3 N 1/4 CORNER SECTION 10 CALCULATED POSITION �n TRACT A I TRACT'B-I' STETSON HEIGHTS A PLAT COMMUNITY PHASE I 10 PASSIVE RECREATION CENTER SECTION 10 w REC NO. 202102120310 _ 3f4" IRON PIPE UP 0.4' a STORMWATER APN-- 1/4 CORNER SECTION 1O APN: 5687-000-104-0004 — S8T33'3$�E 2,6a1.77' 4& d VISITED NORTH OF LINE 3' BRASS DISK ISITEQ 6/30/2020 j PUNCH SET IN IN '7(' CONC W 1/4 CORNER 1,270.02' K `4 DOWN 0.95' IN CASE I SECTION 10 L31 r 587'33'38 E 2,6p7.78' VISITED 2/26/2020 CALCULATED POSITION ry 1, fig' ��417,6fi J TRACT " " � � � � � r i 420,20' � — � — � — I rr 'B-3r I '� " -gam _ � M STORMWATER �� '+� n W N<111 ti L82 L8n ti a �, � �� ��a 4A / L79 LT$ L76 feu .� risol -10 �o� qy ! �� 10O �� '0e{�1Q�y ']V L75 C 15 " 101 ` �Q TRACT `B-4' F ACTIVE RECREATION G, -Is1 L73 ry`a 99 , !r CO 166 097 f S8T27'S9"E 1,30•19' 30.17' GA0 v L99 r3 �� ti �,3 96 p�p5 f 1 L100 1� L41 Iss q, °j �. % ,� 95 , -RpG� CO G H r �� r J&7 1s6 L101 ��_ � 93�4 I �EIG�C51O13 • �.3 r5] 92 �SQN R� 5�,1VE pp4-�� d �, 6`h'I' s2 rs8 h� . gw 91 C22 �7�5 �S9 ory :� '4' — 90 NP Ia g � ry rye` I` � � ■ � Q`� � -.r gg TRACT I L��3 TRACT C I 88co r ' STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I .� 0 87 ❑ r TRACT E , REC NO. 202102120310 REC NO. 202102120310 �' a 86 'Q STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I ' FUTURE DEVELOPMENT to 85 ❑ REC NO. 202102120310 APN: 5687-000-112-0004 FUTURE 000-106-0 L7 STORMWATER APN:5587-00{1-10fi-0002 1 �Q � 84 �' � � APN: 5687-000-108-0000 L65 � 83 r t `a 137 LB12 e� E CIO� 136 C 10 6 COC ��C[ , � 112 80 � r '� , � is"� cc � D 135 � A 113 9 o A `Q�'C' t G � P,4 np� ■ 00 n L1 07 N8T22'21 "IH f ,299.50' 134 O cD 133 a 114 -� 78 ni ti J� n 1p 132 L 115 �, 77 � I/ 00 131 ❑ 116 76 + G1 'rr. �5 �v z `' Lu. Z 117 z r L46 Pp�• SEE LINE AND CURVE 0 118 119 74 4s7 9 3 L413 297 TABLES ❑ N SHEET 9 1z8 a 120 73 72 31 296 [n 299 � rn .r I25 127 G 121 Q 71 32 a 235 W w 125 r.� Z n 1ZZ d `y w 70 IIz p 33 d 34 294 300 ❑ 3011 w / L50 U51 Lfi 123 1 69 + 7 1 L9 68 35 293 292 Q 302 o1 :t =n "7 r If z r� i24 250.29' — ;C1 L836� 37 u, 291ft 303 288289 290 364 `D z62 N87 16 17"W V] 63 646566 66 67 38 1 5$T16'17"E L43 r ❑ sa SW SEDGES TREET _15s•51 c4 0 59 STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I 58 ❑ AFN: 20210212031O ` N8T016'42"W 441.45' � � — ` L �� — � J.�� �I— _ LEGEND 1 0 MONUMENT FOUND AS NOTED B A Z Lu 0 CORNER FOUND A5 NOTED 200 0 200 400SCALE IN FEET SEE FOUND CORNER DESCRIPTIONS ON SHEET 9 SHEET 6 SHEET 5 INDEk IN THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND n OF THE NW 1/4 & SW 1/4 OF�SHEET 3 OF 10 THE SE 1/4, IN SEC 10, TWP 23 N, RGE 1 E, W.M. d A" ,14 7-2-- SW CORNER SECTION 1 O r� � � •ti,�� R' Sry LARSON �2" BRASS DISK W/ X' & 'NE/16' AT SURFACE <bb`�yog q AND VIISITED jam■ 2/26/2020 u�r � S 1/4 CORNER SECTION 10 LAND SURVEYORS 9l 10 �J `" ' 3" BRASS DISK W/ Y & ENGINEERS PUNCH MARKED "KITSAP PLANNERS 16 — —~ — — — COUNTY, T23N, R1 E, 10/15" .p� 49290 �p �v _ VISITED 2/26/2020 s l' s ' N nW 2,596.25 — 10 f��AL LOD � 9027 PACIFIC AVENUE, SUITE 4 ~—'�—�—~—�— 9416 FP PH 2&4 TACOMA, WASHINGTON 98444-6247 15 04/29/2022 (253)474-34041 FAX (253)472-7358 � Page 98 of 317 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON WAVERLY ROAD SW I r l 80 �' + STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I � +' 79 REC NO. 202102120310 ' y 78 I I 1 77 7C:I 1 �'`� f + 74 73 ! 72 , 76 1 75 I , - + l + 56 I I + N t� 65 o T [a [V Q N2'20'Q9 E - +" T TRACT B-2 N2 34'Q7"`� -- PASSIVE RECREATION 5g W 50,67 43.90' ¢ 175,995 S.F. N8 4° $ _ 64 rn 5Q'6�• � o Nco CR OD Nrg r5 $s N5.5� 4fl"W 40.D°' �4 X — - - az o 4a.dp, Ni3'29'}4"E N3'10'56"W 40.00' C 1 23 � 4,189 SF cP 40.00, N1042'32"E N7'55'50"E N5'09'D8"E N2'22'26"E NO.24'16"w 4Q.OD j 22 `� 4,5i3 SF cn 2 x 4d.0D' 40.00' 40.00' 40.00' 40.0°' G; 4,513 SF o 63 121 a a r- C a u 12D 4,146 SF o a o c� o a z 1 19 4,249 SF a o- r-'C-) a 112 o q o L 11$ t 4,249 SF a ____-_ a a "' o-L�4°.42' 24.4°' s o a 3 4,249 SF 1 13 1 14 1 15 1 16 1 17 a 4° cgs 0 0 +-� 4,249 SF a °2 A�s'o6'52" Cv � 0 4,249 5F 4,249 SF ^ 4,249 5F r 4,249 5F 4,249 5F o E2 c24 _A fi.p652' g R=375°0, L=100.48' U .1 I' x to Ln z o d o a 4OD 5' ADZ °o o z h6 42 DD' L=93.7yCo 4 Cv Elp 1 a R 350 n� z C23 1 _L=44.85' M E- L — 1 _ - L=44.85, „- ~ p�2'46'42" �r ps15 0 N4-2-46'42" ~ L=44.85� - -- L-44.85' „L=44.85 o d=2'46'42"-L=44.85'--_-.L=44.85'- 6=2'4642 _15��Q$ R�325.0A_p1159" 1 co o � ❑=2'4fi'42" e-2'46'42" ❑=2*46'42" `4 �v 6=28'12'24' R=925.00L=455.38' l l a Q� pg' l! _L=57.866 - 1[ ❑ S\N �� ` ��°�" �2� f E2Tf n T� ADDISON ROAD _ b � � �4°�� J N e=2$ 412 2412 2 R-95Q.QQ' L-467.68 i �l q� J l - Lr N n a 4� 2.21'p'2 L=40• � o 9. 125 co Q I 2'2i'a2., E1 a `' 4,920 5F z `L=40.00'_ ❑�2 2iD2" e=28'12'24" R=975.QD' L-479.99' p`2.21Ox" p 4Q.aa J - L�4 %l -=40.00' ❑=z zr'Qz" e=2.21'02" ❑-2'21'D2" ❑=2'21'Q2" e=2'21'02" _�-4Q.QQ' - - ' 126 t L=40.00'_ - L=40.00'- - --L-40.00' - - _L=4O.00'- -- --L=4Q.O0'- - ;°, s-; 4 198 SF sn o E1CO rq• a o z u'o o rn 12$ 4,11 87SF $ a a 137 a 24,198 SF 136 o a $ o a a o � N "� at 130 CP 129 4,198 SF a o0 as 4,198 5F � 135 4 134 133 132 131 co 0 4,198 SF 4,198 SF a p 4,198 5F � 4,198 SF 4,198 SF 4,198 SF 4,198 SF o � � "'�1Q1 rn ,�� o a a o 19 00 a 44 10 �y11 1� 1// 44. r 0' Nr4 44.10' 4k.1fl' 15 13"W 33'p,3 ^E 44.10' N}2'12'01"E 44.iD' 44.1Q' 44.10' N1.54.11"W N9'50'59"E N7'29'57"E N5'08'55"E N2'47'53"E NQ'26'51 "E TRACT C STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I REC NO. 202102120310 FUTURE DEVELOPMENT APB! 5687-000-106-0002 A* A 0k N6 36,15j1w f12- 12- 41 W SHEET 6W51HEET 5 30 0 30 60 SCALE IN FEET LEGEND (4 MONUMENT FOUND AS NOTED ® SET KITSAP COUNTY STANDARD ROAD MONUMENT 0 CORNER FOUND AS NOTED KITSAP STANDARD MONUMENT SET FOR PHASE I • SET REBAR & CAP, SHAW 49290 ® SET TACK & BRASS WASHER MARKED "SHAW 49290 AT THE EXTENSION OF LOT LINE W/ CURB LINE REBAR & CAP, SHAW 49290 - SET FOR PHASE I El 10' UTILITY EASEMENT, SEE NOTE 7 ON SHEET 2 E2 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTES 9 AND 10 ON SHEET 2 (NR) NON -RADIAL SEARING (R) RADIAL BEARING ASEE FOUND CORNER DESCRIPTIONS ON SHEET 9 1R w Y uj N752'18"E 154.46' () ui Lf) LL/7 w z �Q CJ Q N ¢ a �w r r_I..r z CD I tt' 1 - '1/Iqr/Zz SEE LINE AND CURVE TABLES ON SHEET 9 10 LARS15 AND A EL4Nfl SURVEY ENGINEERS I[ MJ3 PL NNS ETACOMA, 7 PACIFIC AVENUE, SUITE 4 9416 FP PH 2&4 WASH[NGTON 98444-6247Q4/19/2D22}474-34041 FAX (253) 2-73_ ��� Page 99 of 317 C d 0 Ln rr1 q 0N Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON 10' LANDSCAPE EASEMENT SEE NOTE 3 ON SHEET 2 N8733'38"W 1.290.88' 46.42' 4 46.17' l 40.03' 45.97' 46.40' 47.1$' Ssd• 30, 322.23' K 11 185 186 v, �, pd'pgtr 187 °� 4 .0B' Q 4,250 SF 4,152 SF q °' 188 4,164 SF =., 189 ss�. r?A a M - 4,324 SF .� 0 4,618 SF -- 190 4s06, 4,531 SF s64 °o'r TRACT B-1 C30 �, 191 N) 4 �sos.6F PASSIVE RECREATION —-L=40.00' — Pi " L=31.78' „ —-L=40.40'- E1 z 4,265 5F o� ~ 192 s�a� , p 33,923 S.F. ❑=3'3T316" 6=2'53'26 A=3'29'56" L-4Q 000 rti �v ,ro �s 6=541T29" R=630.00' 4=329564 L-40.00,_ 2 4,265 SF �� 06, L=597.33' Cx 4-3 29 56� 1 `L_ n�, W`� S a=� 9,56-- _ 4,265 SF �`0Cb sod gF �- -001, 6=54'19'29" R= O_O.00' L=568.89' 2 _ 4-yr 194 g �$ L- gp• 50.04 2956 4,265 SF = s A=ITY4f R=570.00' L-187.64' `-54s8r, d• f'�0 C29 Q• 5s32� pD,� �g70p' 195 4,265 SF 6w4'52'39 C26 C27 �E2 _ "�a 30 a'v�y°s� 196 4,265 SF o, 4 A 0%v Ln d� 140 4 139 ❑ .good L=85.44, 3�4� �, 138 1 1� �` s64 ca 197 4,438 SF 4,436 S,! ��4,265 5F .yam o 09, E1,y Z Q h A=O'LO 13'20 Al) a sib . ro a z 1 1 ,Ui L=2.31'Ell /,/ 1 ❑ r Q Grp 24 �' ~`}2g.00,% �rygti 40.00' 40-07' r� 1 1 59.94' 1 I 4,567 SF 4,416 SF - a. N87722'061 N87'45'27"W N81'56'49"W 25.00. 25. I ry 109� 5d, 01 4,416 SF N;, %Y4 48,E �. ¢$23 �Qa dam` 00,( 4`� 0 ¢°oo 4,416 SF N65 01 S> s6079 . 30. 4,416 SF a N s�0 oa E2 TRACT c z I �70 �^_� , �� °�� .0 0 .0 BID SCALE IN FEET SEE LINE AND CURVE TABLES ON SHEET 9 STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I REC NO. 202102120310 j Ns 90 FUTURE DEVELOPMFNT APN 5687-000-106-0002 LEGEND 0 MONUMENT FOUND AS NOTED 0 SET KITSAP COUNTY STANDARD ROAD MONUMENT 0 CORNER FOUND AS NOTED 0 KITSAP STANDARD MONUMENT SET FOR PHASE I • SET REBAR & CAP, SHAW 49290 * SET TACK & BRASS WASHER MARKED "SHAW 49290' AT THE EXTENSION OF LOT LINE W/ CURB LINE CIE REBAR & CAP, SHAW 49290 - SET FOR PHASE I E1 10' UTILITY EASEMENT, SEE NOTE 7 ON SHEET 2 E2 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTES 9 AND 10 ON SHEET 2 (NR) NON -RADIAL BEARING (R) RADIAL BEARING SEE FOUND CORNER DESCRIPTIONS ON SHEET 9 TRACT B-Z PASSIVE RECREATION 175,995 S.F. 106 E1 a� 4,416 SF fl� p`S 105 Ia 4,036 SF ram, °o• h`� �. S1 6 SHEET 5 h - W l 104 4,313 SF I CENTER SECTION 10 3/4" IRON PIPE UP 0.4' 0. 3' N & 0. 4' E OF CALC POSITION VISITED 6/30/2020 ti 198 1R'i�, 4,267 SF h 199 tea 4,265 'SF y� E1 qa S00 4,493 SF C13 1 TRACT A STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I REC NO. 202102120310 STORMWATER APN 5687-000-104-0004 �ksv- 100 C18 I ' I S1£1SON HEIGHTS, A PLAT COMMUNITY, PHASE I 5 REC NO. 202102120310 N. i I �,w a L=17.20' 01Y WAY 1y 99 , STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I REC NO. 202102120310 r �y� SHEET 5 OF 10 zZ, R. Hy LARSON �-1Pl & AND ASSOCIATES LAND SURVEYORS ENGINEERS 4 s IS x% yry� PLANNERS fQk�L LAt110 9027 PACWTC AV ENUE, SUITE 4 9416 FP PH 2&4 04/19/2022 TACOMA, WASH NCiTON 98444-6247 (253)474-3404 / FAX (253)472-7358 Page 100 of 317 n C7 co LO �r .. v M n a Lo Im ;n z M Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON S87'33'38"E 1,290.88' N3'25'29'E 696.48' 18.55' Q � f .41 Il 1 gyp` 10' LANDSCAPE EASEMENT SEE NOTE 3 ON SHEET 2 ZI 3s1 -IS 4! 15 E 46.34' N82734'01 "E go.—so"1yg0'32 31 E JAI Ig59 f v 3"E 4g 0 E3 z a k g�5'I' — w4 cri 183 N 4,307SF 182 4,276 SF �>4�3❑ 181 4,276 SF 4,276 SF t $ rn E1 4,276 SF a, 179 e- % — U�40.Q0' _ — �--40.00' n ❑ - n 3 3816 A=3.38'16 TRACT B-3 N�� �6 ° �,�. 4,276 SF �' _ _ -�° $ ` A� STORMWATER N 178 130,330 S.F.�%P-, 4,276 SF ❑a rn � �- -�--`� ear � � 4<, .,*0 4,276 SF �y� pia 17 .�❑ �� 53 1=1g7.64 Fil y� 'qy �5 .`�g� " 570.a A-_4'S240„ rn 4,276 5F •,�� D ❑� �9 5� 47 _4.52 4�" ` U-_48.52 - — —{ Ln .�.-°� Joao° 1a c41 j_= 41276 SF D E2 141 h I 14.2 4,438 SF q� �0 174 ,�y I ❑ 1 4,438 SF 4,276 SF `}s- �ooa�6 ��� G M t 143 �, Q ol. p gg•17'34 Rz, ,,, rn a v 173 ' 4,276 SF Ulb / jj D �fT• O \ �j j 40 •❑0, " N82 2927 E ��.� �� y� 5 144 g c40� as ^ 172 �s qo°, �' p�� 5,500 SF 4,276 SF o°c ^�� �,`� �d . �o57p S4' Q. 'ors , D 1 • v El J� 'ri 1 @171• "WiF�� C39 25 i 6g_11� _ ❑ �� 4, 438 5F5 C38 a 4,028 SF 51�5�, C35 E2 146,o 170'ss�s, i�, v`��ss 41438 SF SpG-�. Ns�• 4,065 SF i °` E1! ' h�h� 147 -'V 1"� y`b fiti�f 4,438 5F 4,231 SF 148 �ri �STR, 4,268 5F �q ���^��' Ns�3, �2sFfR v,'' 'ryo,,a fi s� � TRACT C 40 D 4-0 80 LEGEND �7 ,5o v/ C36 � STETSON HEIGHTS, A PLAT COMMUNITY, PHASE i MONUMENT FOUND A5 NOTED 'PJs �a� �� °� ,;°' A / 149 °°' p REC NO. FUTURE DEV OPMEN�0 SCALE IN FEET boa' 4,000 SF �a 'Co APH: 5687-000-I06-0002 SET KITSAP COUNTY STANDARD ROAD MONUMENTy a 0 CORNER FOUND AS NOTED 41 KITSAP STANDARD MONUMENT SET FOR PHASE I • SET REBAR & CAP, SHAW 49290 ® SET TACK & BRASS WASHER MARKED "SHAW 49290' AT THE EXTENSION OF LOT LINE W/ CURB LINE REBAR 8c CAP, SHAW 49290 - SET FOR PHASE I E1 10' UTILITY EASEMENT, SEE NOTE 7 ON SHEET 2 E2 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTES 9 AND 10 ON SHEET 2 E3 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTE 11 ON SHEET 2 (NR) NON -RADIAL BEARING (R) RADIAL BEARING SEE FOUND CORNER DESCRIPTIONS ON SHEET 9 n�150 �] V 1 4,241 SF °°' '�� �ti a I' 151 a° 4,236 SF NS),0>1 A & SEE LINE AND CURVE TABLES ON SHEET 9 t- ' R sy� 4a" F10 LARSON AND ASSOCATES LAND SURVEYORS ENGINEERS as2ea ,yo PLANNERS *4L LAWO 9027 PACIFIC AVENUE, SUITE 4 9416 FP PH 2&4 TACOMA, WASHINGTON 98444 6247 04/19/2022 (253)474-34041 FAX (253)472-735R Page 101 of 317 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THESE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON N87-27.59-W 1,300. T 9' 1270.02' TRACT I STETSON HEIGHTS, A PEAT COMMUNITY, PHASE I REC NO. 202102120310 FUTURE DEVELOPMENT APN: 5687-000-112-0004 I^ 30.17' �. ry 3.3$' N N�2s�G 165 _ A,_ 4,755 SF 164 4,990 SF Ns3. 163 5,110 SF wryer N�3� � �C42 r292S' 162 N 6,270 SF ❑=94' TRACT B-3 It STORMWATER 9 130,330 S.F. Eq �1r I- re) r4.� No r- 168 ry ��• N`�J 4,232 SF 2' 41 Tj 99 v 4,160 SF C •- rg • o ,� /o o / $ 2.17' 4,163 SF ,,� �'' o� 2, LA 91 Ct 1 1 I I T" 10=(1'57'08" 2, is I! G: I I L=16.12' 152 4,236 SF 161 p� [K . ❑L 153 ❑❑• �❑ 4,236 SF I Az §C II ry 1 154 615 1 , 4,085 SF 6"E 155 1 4,005 SF I � oa 1 Ns 935 11 /�� / �. 1 32❑ 30')Y 9 CV V 1 l p� p❑. 1 11 ' Qw� �ry � 111 0 11 �$ '� I 56 a o0. 4,000 SF 11 oa �1� 2p30� o 157 70,�00, . I 1 / 4,000 SF E1� 1100 v2 ❑30 ao °� 11 158 �D'00, moo. 30' , 4,000 SF 1� 330. 3 0 vQ 159 1 4,000 SF p0• `�� 1 as 1 N63• gQ a 11 2p34�, oa El 160 1 .00• 4,000 SF VV ?0 ao 1 161 rOL 4,000 SF TRACT I STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I REC NO. 202102120310 FUTURE DEVELOPMENT APN; 5687-000-112-0004 TRACT C STETS0i1 HEIGHTS, A PLAT COMMUNITY, PHASE I REC NO. 202102120310 FUTURE DEVELOPMENT APN: 5687-000-106-0002 .0 0 .0 80 SCALE LEGEND 0 MONUMENT FOUND AS NOTED * SET KITSAP COUNTY STANDARD ROAD MONUMENT ® CORNER FOUND AS NOTED 4D KITSAP STANDARD MONUMENT SET FOR PHASE I 0 SET REBAR & CAP, SHAW 49290 0 SET TACK & BRASS WASHER MARKED "SHAW 49290' AT THE EXTENSION OF LOT LINE W/ CURB LINE CIE REBAR & CAP, SHAW 49290 - SET FOR PHASE I E1 10' UTILITY EASEMENT, SEE NOTE 7 ON SHEET 2 E2 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTES 9 AND 10 ON SHEET 2 (NR) NON -RADIAL BEARING (R) RADIAL BEARING q) SEE FOUND CORNER DESCRIPTIONS ON SHEET 9 SHEfT 6 W SHEET S V, SEE LINE AND CURVE TABLES ON SHEET 9 7 OF 10 pA R. S LARSON AND ASSOCIATES LAND SURVEYORS ENGINEERS a T PLANNERS �sfQ I. LAKE 5�4 9416 FP PH 2&4 9027 PACIFIC AVENLrE, SUITE 4 04/19/2022 TACOMA, WASTiINGTON 98444-6247 (253)474-34041 PAX (253)472-7358 � Page 102 of 317 EJ (f) Q J ix Lu Q SEE LINE AND CURVE TABLES ON SHEET 9 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON TRACT E STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I REC NO. 202102120310 STORMWATER APN: 5687-000--108-0000 + �p L=227.21' 28 Q 4,S S�• s R�•sra ,A 29 9 ,p���p N87'10'25W I 72.29, ��� 8.44' - — - - - -- - 63.96' _ 4V 2'24"E N84'02'D9'W 136,25' CD7,48' 297 I N84'02'32"4y 86.02' I 30 LO a M 5,413 SIF ! - z� !g f I f a + g f 298 LO! 3,862 SF g 7.43' N84'02'07-W 134.22' ! f � I In f 296 f 31 5,324 SF f ! N84'02'32-W + f 85.63' v- N8¢'02'0I -W 31.97' o f 299 1 --- ' i L ! 3 845 SF 32 Q z 33 O� C) (N 01 37 38 SANITARY SEWER EASEMENT (TYPICAL) r `+ 295 L y 5,706 S F f I N84102'32'yy 85 f 2' 11 N8T16'18"W 129.67' 4.11' 300 3,758 SF I ff 2 1 $ 294 ! 1 I � ! SEE DETAIL AREA to 1 d 5,173 SF 7.75' � + � + N86'18'01 ">+V 84.57' ' DETAIL AREA N8T16'18"W 128.99' 0 LO I SCALE: 1" = 20' + b 301 293 I w to 4,229 SF Cp d 5,146 SF Q j 0 I E4TYP tr I f iv Imo+ N87'16' 18"W 128.31' N86' 18'01 "W 84 57' z Q 4 O 292 5,119 SF N87'16'18'N 127.63 291 5,092 SF N87'16'1f 40.00' 40 0Q' to 00 LL_ .¢ v co pp a vq � rn � z oa C 4 w CC::)) ram! p w � r o N z � z C43 40.00' 36.10�� - 1 SW SEDGE ST S87'16'17"E 684.51' 46 1 45 44 1 1 ❑ 1 n f ! f 302 rn n C' a I 4,229 SF 6 o w o o Q �UNa-o E4[TY�P} � � w � � 4 � � 4 ! N88'18'01 "W 84,57' "' ~ ¢ o w 00 El -� �i i�-E1 ��s �z�CD o N g 1 303 iJ 0 LQ j �0' 20' r 4,248 SIF V 126.95' j I LO 46.95' ! i 1 f a N86-18-01 "W 68.15' I a Ln f f In C 06 N78'09'25"W CD N ! 1 0 16.59, ❑, Ln f ! Q: C�q a ! f 304 f 5,261 SF rn p= 69.16' 14.25' C16,��•``�� ���" C17 9.51' 6�3354 p4" - '280 4� ti7 00, 22265 a _ 5p � 00 J 43 42 f1 41 I 40 I >? f 1 I 39 STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I AFN:202102120310 ■ ■ ■ ■ ■ ■ ■ ■ ■ ■ 40 0 40 80 LEGEND 0 MONUMENT FOUND AS NOTED SET KITSAP COUNTY STANDARD ROAD MONUMENT 0 CORNER FOUND AS NOTED 0 KITSAP STANDARD MONUMENT SET FOR PHASE I 0 SET REBAR & CAP, SHAW 49290 o SET TACK & BRASS WASHER MARKED "SHAW 49290' AT THE EXTENSION OF LOT LINE W/ CURB LINE. �E REBAR & CAP, SHAW 49290 - SET FOR PHASE I E1 10' UTILITY EASEMENT, SEE NOTE 7 ON SHEET 2 E2 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTES 9 AND 10 ON SHEET 2 E4 PRIVATE SANITARY SEWER EASEMENT, SEE NOTE 12 ON SHEET 2 (NR) NON -RADIAL BEARING (R) RADIAL BEARING 4114lzz SHEET 6 SHEET 5 _- Ill x SHEET 8 OF 10 LARSON AND ASSOCiATES LAND SURVEYORS ENGINEERS ,3 PLANNERS 9027 PACIFIC AVENLrE, SUITE 4 9416 FP PH 2&4 TACOMA, WASHtNGTON 98444-6247 04/19/2022 {253J474-34041 FAX (253)472-7358 ��� g Page 103 of 317 Back to Agenda A PORTION OF FOUND CORNER DESCRIPTIONS 5/8" REBAR & CAP 'KEGEL LS 14065 VISITED 2/28/2020 0.95' NORTH OF CALC CORNER 5/8" REBAR & CAP 'KEGEL LS 14065 VISITED 2/28/2020 0.9' NORTH OF LINE 5/8" REBAR & CAP 'KEGEL LS 14065 VISITED 2/28/2020 1.17' NORTH OF CALL CORNER 5/8" REBAR & CAP 'KEGEL LS 14065 VISITED 2/28/2020 2.78' NORTH OF CALC CORNER 5/8" REBAR & CAP F.A. KEGEL LS 14065' VISITED 6/24/2020 2.9' NORTH OF CALC CORNER 5/8" REBAR & CAP F F.A. KEGEL LS 14065' VISITED 6/25/2020 5.11' NORTH OF CALC CORNER 5/8" REBAR & CAP G 'THORTON LS 10238' VISITED 6/25/2020 1.22' NORTH OF LINE STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON L1 /2" IRON PIPE W/ FLAG H & 2x2 STAKE MARKED PROPERTY CORNER VISITED 6/25/2020 1.17' NORTH OF LINE 5/8" REBAR & CAP F.A. KEGEL LS 14065' VISITED 2/28/2020 1.03' NORTH OF CALC CORNER 3/4" IRON PIPE VISITED 6/29/2020 3/4" IRON PIPE UP 0.5' VISITED 6/30/2020 1/2" REBAR & CAP L RPLS 9398 DOWN 0.9' VISITED 6/30/2020 0,48' NORTH OF LINE 1 " IP W/ CAP M RPLS 9398 VISITED 6/30/2020 0.32' NORTH OF CALC CORNER LINE TABLE LINE # LENGTH DIRECTION L1 129.56' S19'20'19"E L2 121.05' S20'17'53"W L3 101.27' N46'06'47"W L4 101,28' S23'02'02"E L5 44,56' S68'08'53"W L6 150.01' N87'07'42"W L7 24,40' N2'52'18"E L8 20.00' S2'43'43"W L9 100.00' S87'16'17"E L10 42.46' S3'11'44"W L11 43.83' S5'14'02"W L12 43.83' S7'25'37"W L13 43.83' S9'37'13"W L14 43.83' S11'48'49"W L15 40,69' S13'16'46"W L16 43.79' S13'52'49"W L17 49.41' S18'1O'15"W L18 49.41' S23'33'55"W L19 49.41' S28'57'36"W L20 49.41' S34'21'16"W L21 49.41' S39'44'56"W L22 49.41' S45'08'37"W L23 49.41' S50'32'17"W L24 49.441' S55'55'58"W L25 39.91' S56'09'32"W L26 39.92' S31'08'43"W L27 106.77' S46'09'19"W L28 159.36' S56'43'04"W L29 50,80' S37'03'45"E L30 46.07' S41'15'43"E L31 1&55' N3'25'29"E L32 82.97' 141'45'24"E 1-33 92.49' N1'48'47"W L34 57.30' NO'13'06"W L35 59,45' N1'50'14"E L36 41.63' N1'06'50"W L37 140.98' N3'37'28"W L38 84,89' N11'28'29"W L39 69.22' N10'37'23"W L40 73.22' N79'25'23"E LINE TABLE LINE # LENGTH DIRECTION L41 3,38' N2'23'56"E L42 100.43' N14'09'04"E L43 16.59' S78'09'25"E L44 124.83' N6'27'23"E L45 86.02' N84'02'32"W L46 &44' N87'10'25"W L47 7.48' S4'22'24"W L48 72.29' N84'02'09"W L49 40.00' S2'45'16"W L50 40.00' S2'12'41 "E L51 100.00' S82'40'19"W L52 100.00' N77'31'10"E L53 44.10' S11'18'19"E L54 44.10' S8'57'17"E L55 44.10' S6'36'15"E L56 44.10' S4'15'13"£ L57 44.10' S1'54'11"E L58 44.10' SO'26'51 "W L59 44.10' S2'47'53"W L60 44.10' S5'08'55"W L61 44.10' S7'29'57"W L62 44.10' S9'50'59"W L63 44.10' S12'12'01 "W L64 44.10' S14'33'03"W L65 150.00' S74'16'26"E L66 100.00' S75'07'25"E L67 40.00' N16"15'56"E L68 40.00' N19'02'38"E L69 40.00' N21'49'20"E L70 40.00' N24'36'02"E L71 100.00' N64'00'37"W L72 101.93' N8'18'30"E L73 100.00' S81'41'30"E L74 160.00' N8'18'30"E L75 39,60' NIO'10'57"E L76 16.19' N60'30'02"W L77 40,00' N65'07'55"W L78 45.23' N70'03'50"W L79 50,00' N75'34'46"W LBO 59.94' N81'56'49"W LINE TABLE LINE # LENGTH DIRECTION L81 40.07' N87'46'27"W L82 40.00' S87'22'O6"W L83 40.00' S82'29'27"W L84 40.00' S77'36'48"W L85 55.35' S71'20'57"W L86 50.00' S66'11'31 "W L87 53.34' S58'45'56"W L88 40.00' S53'22'43"W L89 40.00' S48'30'03"W L90 40.00' S43'37'23"W 191 40.00' S39'06'50"W L92 39.92' S38'12'06"W L93 40.08' S36'50'03"W L94 40.00' S34'11'49"W L95 40.00' S31'33'44"W L96 40.00' S28'55'40"W L97 40.00' S26'49'49"W L98 40.05' S26'39'34"W L99 100,00' N63'20'30"W Li 00 20.00' S26'39'30"W L101 100.00' S63'20'30"E L102 240.00' S26'39'30"W L103 100.00' N63'20'30"W L104 116.17' N52'51'39"W L105 75.87' N58'29'1O"W L106 155.87' 530'56'51 "W L107 1299,50' S87'22'21"E CURVE TABLE CURVE # LENGTH RADIUS DELTA Cl 20.14' 50.00' 23'04'26" C2 13,17' 185.00' 4'04'49" C3 15.30 215,00' 4'04'40" C4 55.97' 280.00' 11'27*14" C5 44.23' 54.00' 46'55'44" C6 26.42' 26.00' 58'13'51" C7 227,21' 50.00' 260'22'05" C8 7.51' 595.00' 0'43'25" C9 29.23' 325.00' 5'09'09" CIO 13.72' 925.00' 0'50'59" C11 56,39' 925.00' 3'29'35" C12 131.20' 355.00' 21-10'28- C13 10.99' 155.00' 4'03'47" C14 17,20' 215.00' 4'35'06" C15 4.30' 155.00' 1'35'20" C16 4&20' 280.00' 9'51'47" C17 7.77' 280.00' 1-35-27" C18 5.13' 185.00' 1'35'20" C19 5.97' 75.00' 4'33'47" C20 5.96' 45.00' 7'35'31" C21 5,97' 75.00' 4-33'47" C22 2,97' 300.00' 0'34'00" C23 13.72' 925.00' 0'50'59" C24 4.84' 375.00' 0'44'25" C25 15.60' 375.00' 2'22'59" C26 27.06' 570.00' 2'43'11" C27 21.36' 595.00' 2'03'25" C28 20.01' 595.00' 1'55'37" C29 41.37' 595.00' 3'59'02" C30 8,30' 655,00' 0'43'33" CURVE TABLE CURVE ## LENGTH RADIUS DELTA C31 24.05' 595.00' 2'18'56" C32 20.00' 655.00' 1'44'58" C33 15.35 155.00 5'4021" C34 19.81' 1030.00' 1'06'07" C35 5.56' 630,00' 0'30'19" C36 0.90' 970.00' 0'03'12" C37 12.56' 570.00' 1'15'45" C38 3.93' 275.00' 0'49'10" C39 4.29' 300,00' 0'49'10" C40 4.65' 325.00' 0'49'10" C41 15.01' 570.00' 1'30'33" C42 2.97' 300.00' 0'34'00" C43 3.90' 50.00' 1 4'28'25" SHEET 9 OF 10 LARSON AND ASSOCLATES LAND SURVEYORS ENGINEERS PLANNERS =TACOMA. C1FTC AVENUE, SUITZ 9=PH WASHINGTON 98444-34041 FAX (253)472-7 Page 104 of 317 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE II A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON LOT # ADDRESS PARCEL NO. 104 1006 SW PENDLETON WAY 105 1012 SW PENDLETON WAY 106 1020 SW PENDLETON WAY 107 1036 SW PENDLETON WAY 108 1048 SW PENDLETON WAY 109 1056 SW PENDLETON WAY 110 1066 SW PENDLETON WAY 111 1076 SW PENDLETON WAY 112 1593S ADDISON ROAD SW 113 5945 ADDISON ROAD SW 114 5953 ADDISON ROAD SW 115 15965 ADDISON ROAD SW 116 6011 ADDISON ROAD SW 117 6019 ADDISON ROAD SW 118 6029 ADDISON ROAD SW 119 6039 ADDISON ROAD SW 120 6047 ADDISON ROAD SW 121 6055 ADDISON ROAD SW 122 6061 ADDISON ROAD SW 123 6103 ADDISON ROAD SW 124 6111 ADDISON ROAD SW 125 16102 ADDISON ROAD SW 126 6056 ADDISON ROAD SW 127 6048 ADDISON ROAD SW 128 6040 ADDISON ROAD SW 129 6032 ADDISON ROAD SW 130 16024 ADDfSON ROAD SW 131 6016 ADDISON ROAD SW 132 6008 ADDISON ROAD SW 133 5964 ADDISON ROAD SW 134 15956 ADDISON ROAD SW 135 5948 ADDISON ROAD SW 136 5940 ADDISON ROAD SW 137 15932 ADDISON ROAD SW 138 1106 SW PENDLETON WAY 139 1120 SW PENDLETON WAY 140 1130 SW PENDLETON WAY 141 1142 SW PENDLETON WAY 142 1152 SW PENDLETON WAY 143 1164 SW PENDLETON WAY 144 1194 SW PENDLETON WAY 145 1208 SW PENDLETON WAY 146 11216 SW PENDLETON WAY 147 1226 SW PENDLETON WAY 148 1240 SW PENDLETON WAY 149 1248 SW PENDLETON WAY 150 1254 SW PENDLETON WAY 151 1260 SW PENDLETON WAY 152 1268 SW PENDLETON WAY 153 1278 SW PENDLETON WAY 154 1286 SW PENDLETON WAY 155 1296 SW PENDLETON WAY 156 1308 SW PENDLETON WAY 157 1316 SW PENDLETON WAY 158 1320 SW PENDLETON WAY 159 1328 SW PENDLETON WAY 160 1336 SW PENDLETON WAY LOT # ADDRESS PARCEL NO. 161 1340 SW PENDLETON WAY 162 1337 SW PENDLETON WAY 163 1329 SW PENDLETON WAY 164 1321 SW PENDLETON WAY 165 1313 SW PENDLETON WAY 166 1281 SW PENDLETON WAY 167 11273 SW PENDLETON WAY 168 1265 SW PENDLETON WAY 169 1257 SW PENDLETON WAY 170 1249 SW PENDLETON WAY 171 1241 SW PENDLETON WAY 172 11233 SW PENDLETON WAY 173 1225 SW PENDLETON WAY 174 1217 SW PENDLETON WAY 175 1209 SW PENDLETON WAY 176 1201 SW PENDLETON WAY 177 1193 SW PENDLETON WAY 178 1185 SW PENDLETON WAY 179 1177 SW PENDLETON WAY 180 1169 SW PENDLETON WAY 181 1161 SW PENDLETON WAY 182 1153 SW PENDLETON WAY 183 11145 SW PENDLETON WAY 184 1137 SW PENDLETON WAY 185 1129 SW PENDLETON WAY 186 1121 SW PENDLETON WAY 187 1113 SW PENDLETON WAY 188 1105 SW PENDLETON WAY 189 1097 SW PENDLETON WAY 190 1089 SW PENDLETON WAY 191 1081 SW PENDLETON WAY 192 1073 SW PENDLETON WAY 193 1065 SW PENDLETON WAY 194 1057 SW PENDLETON WAY 195 1049 SW PENDLETON WAY 196 1041 SW PENDLETON WAY 197 11033 SW PENDLETON WAY 198 1025 SW PENDLETON WAY 199 1017 SW PENDLETON WAY 200 1009 SW PENDLETON WAY 288 1037 SW SEDGE STREET 289 1031 SW SEDGE STREET 290 6064 LADD COURT SW 291 6060 LADD COURT SW 292 6056 LADD COURT SW 293 6048 LADD CO RT SW 294 6040 LADD CO RT SW 295 6034 LADD COURT SW 296 6028 LADD COURT SW 297 6020 LADD COURT SW 298 6023 LADD COURT SW 299 6029 LADD COURT SW 300 6033 LADD COURT SW 301 6041 LADD COURT SW 302 6053 LAD ❑ COURT SW 303 6057 LADD COURT SW 304 6063 LADD COURT SW SHEET 10 OF 10 R�Syq LARSON AND A TES GANG SURVEYORS ENGINEERS 49290 PLANNERS ssf�NAL LAtOD $ ETACOMA, ACIFIC AVENUE, SUITE 4 9416 FP PH 2&4 WASHINGTON 9844 6247 04/19/20(224-34041 FAX (253)472-7358 C��� Page 105 of 317 CITY OF PORT ORCHAIF - to Agenda Development Director Back 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o planning @ cityofportorchard.us www.cityofportorchard.us May 16, 2022 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for Stetson Heights Phase 2 (LU22-PLAT FINAL-03) Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the City of Port Orchard Hearing Examiner decision dated September 1, 2016, the conditions of the SEPA MDNS dated June 24, 2016, and the minor plat amendment dated June 13, 2018 for Phases 2 and 4 of the preliminary plat. These two phases have been combined under this request for final plat and are hereon referenced as Phase 2 of the Stetson Heights subdivision. 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. An appropriate performance bond has been received by the City of Port Orchard for certain landscaping 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 106 of 317 CITY OF PORT ORCHAR. Back to Agenda Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 • Fax: (36o) 876-4980 and r ci of ortorchard.us www.gftorportorchard.us oltorchard.us May 16, 2022 Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for Stetson Heights Phase 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 decision dated September 1, 2016, the conditions of the SEPA MDNS dated June 24, 2016, and the minor plat amendment dated June 13, 2018. The subdivision as presented complies with all terms and conditions of the approved preliminary plat that are within the authority of the Public Works Department. I also state that the City of Port Orchard has confirmed that it has sufficient sewage disposal and water supply, pursuant to the to the completion of the required onsite and offsite improvements. 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/or unaccepted work. I therefore recommend approval of the final plat for Phase 2, which was referenced as Phases 2 and 4 under the preliminary plat. If you should have any questions, or need additional information, please feel free to contact me at this office. Sincerely, Mark R. orsey, P.E. Public Works Director/City Engineer MRD;mrd Cc: Charlotte Archer — City Attorney Nick Bond — Development Director File Page 107 of 317 BILL OF SALE THIS BILL OF SALE is made and executed this 19TH day of Back to Agenda May , 2022 by and between Shor, LLC , a Washington Limited Liability Corporation, hereinafter called the "Grantor" and the City of Port Orchard, a Municipal Corporation, hereinafter called the "Grantee." W ITNESSETH: 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: ALL ROADS AND UTILITIES, INCLUDING BUT NOT LIMITED TO STORMWATER COLLECTION AND TIGHTLINL CONVEYANCE SYSTEMS SANITARY SEWER CONVEYANCE FACILITIES, ALL WATER LINES TOGETHER WITH ALL ASSOCIATED APPERTURANCES AS CONSTRUCTED PER THE APPROVED ON -SITE ENGINEERING PLANS UNDER PERMIT NUMBERS PW 19-051 & PW 19-052 AS SHOWN AND AS DEPICTED ON THE RESPECTIVE PHASE TWO AS -BUILT PLANS. SEE EXHIBITS A & B. 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 Vtl l 1J�11(� Yi °L Oregon, this 1 "I day of Au 20 oP- [Remainder of page intentionally left blank] P:ISurcty furmslBill of Salc�approved by Lacrim Attv%Bill of Salc — Master Fann GRAN`jT'OR: le By: ., ll L- IVAN oy %air, Its: A eA!f Print Name: b eJZ _ IVAMV Page 108 of 317 Back to Agenda STATE OF ORE�jgGON �, `�� �7 ) COUNTY OF l J (Yj�j6LAka,)ss n this L"'i day of , 20 , before me personally appeared r i' 1 1V,, � io me known to be the managing member for I—L, a limited liability corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this Q day of 20 of ICIAL TAMR Zbli in and for the State of Oregon, PATRICIA ANN JONES residing in� T _ , NOTARY PUBLIC - OREGON COMMISSION NO. 1022954 My commission expires MY COMMISSION EVIRES MARCH 22, 2026 Dated at Port Orchard, Washington, this day of 20_ CITY OF PORT ORCHARD By: Mark R. Dorsey, PE, Public Works Director 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 t�rms\Bill of Salc'vappiovcd by lmcrim Atly\Rill of Solc — Master form Page 109 of 317 Back to Agenda EXHIBIT A LIST OF REQUIR.ED IMPROVEMENTS The following provides a general description of the improvements conveyed under this Bill of Sale related to the "Stetson Heights — Phase 2 (original phase 2 & 4)" project as shown in the approved construction plans under permit Ws PW 19-051 & PW 19-052. Specific improvements conveyed under this Bill of Sale includes the following elements found within the approved construction drawings as follows: A. All roads and utilities, including but not limited to stormwater collection and tightline conveyance systems, sanitary sewer conveyance facilities, all water lines together with all associated appurtenances as constructed per the approved on -site engineering plans under permit numbers PW 19-051 & PW 19-052 as shown and as depicted on the respective phase two as -built plans. The items, quantity and value of the improvements describe above and conveyed under this Bill of Sale are presented in Exhibit B. Page 110 of 317 LARSON AND ASSOCIATES Q1 A4101161 P,iVl4Ri'd' & f QI M4,6 Back to Agenda EXHIBIT B: CONSTRUCTION COST ESTIMATE STATUS: PH. 2 IMPROVEMENTS PROJECT: STETSON HEIGHTS PH. 2 (ORIGINAL PH. 2 & 4) LOCATION: KITSAP COUNTY ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 5-19-2022 ITEM DESCRIPTION ESTIMATED UNIT UNIT NO. QUANTITY MEAS. PRICE 1. PH. 2 ONSITE (ORIGINAL PH. 2 & 4) A. ASPHALT PAVEMENT B. CURB & GUTTER C. 36" STORM PIPE D. 30" STORM PIPE E. 24" STORM PIPE F. 18" STORM PIPE G. 12" STORM PIPE H. 6" STORM PIPE I. CB TYPE I / IL J. CB TYPE 11 48" K. CB TYPE II 60" L. CB TYPE II 72" M. 8" D.I. WATER MAIN N. 12" D.I. WATER MAIN O. FIRE HYDRANT P. 8" PVC SANITARY SEWER MAIN TOTAL COST 9783 SY $25.00 $244,575.00 5738 LF $15.00 $86,070.00 114 LF $90.00 $10,260.00 546 LF $82.00 $44,772.00 931 LF $75.00 $69,825.00 996 LF $58.00 $57,768.00 538 LF $40.00 $21,520.00 4088 LF $23.00 $94,024.00 21 EA $800.00 $16,800.00 5 EA $1,700.00 $8,500.00 7 EA $3,500.00 $24,500.00 1 EA $4,000.00 $4,000.00 1124 LF $90.00 $101,160.00 1779 LF $95.00 $169,005.00 5 EA $5,000.00 $25,000.00 1142 LF $45.00 $51,390.00 9027 Pacific Avenue, Suite 4, Tacoma WA 98444 Page 10ffice (253) 474-3404 Fax (253) 473-7358 Page 111 of 317 Q. 12" PVC SANITARY SEWER MAIN 1379 R. 48" SANITARY SEWER MANHOLE 9 S. 60" SANITARY SEWER MANHOLE 4 TOTAL CONSTRUCTION COSTS Back to Agenda LF $50.00 $68,950,00 EA$1,700.00 $15,300.00 EA $3,500.00 $14,000.00 $1,127,419.00 Page 2 Page 112 of 317 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two and three years Maintenance/Warranty Bonds, prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND #: DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 2 Owner/Developer/Contractor: Shor, LLC On -site Improvements — L1, Associated with Tax Parcel Nos. 5687-000-107-001, Project Location: 5687-000-105-0003 KNOW ALL PERSONS BY THESE PRESENTS: That we, Shor, LLC. (hereinafter called the "Principal"), and a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Seventy Five Thousand No cents ($75,000.00), 150% of the total construction amount for the items listed below 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, Shor, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU21-PLAT FINAL-03, for a project known as Stetson Heights, Phase 2 located at A Portion of the NW '/4, NW '/4 & SE '/4 of the SW '/4 and of the NW '/4 & SW '/4 of the SE '/4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 5687-000-107-001, 5687-000-105-0003; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these 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 City's approval requires that the improvements are to be made or constructed by the date set out herein, 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: Page 113 of 317 Page 1 of 6 Performance Bond —J1— Stetson Heights Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the construction work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and 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 October 1, 2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, materialmen 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. 5. 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. 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 this Bond between the Principal and the City. 7. 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. 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's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. 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 Page 114 of 317 Page 2 of 6 Performance Bond —J1— Stetson Heights Back to Agenda 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. C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 115 of 317 Page 3 of 6 Performance Bond —J1— Stetson Heights Back to Agenda DATED this day of 920 SURETY COMPANY PRINCIPAL (Signature must be notarized) (Signature must be notarized) By: By: Its Its Print Name: Print Name: Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD ACCEPTED DATE: 1 12", 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 116 of 317 Page 4 of 6 Performance Bond —J1— Stetson Heights Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: Page 5 of 6 Performance Bond —J1—Stetson Heights Page 117 of 317 Back to Agenda My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 6 of 6 Performance Bond —J1—Stetson Heights Page 118 of 317 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two and three years Maintenance/Warranty Bonds, prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND #: DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 2 Owner/Developer/Contractor: Shor, LLC On -site Improvements — L1, Associated with Tax Parcel Nos. 5687-000-107-001, Project Location: 5687-000-105-0003 KNOW ALL PERSONS BY THESE PRESENTS: That we, Shor, LLC. (hereinafter called the "Principal"), and a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Four Hundred Eighty Five Thousand Fifty Five and No Cents ($485,055.00), 150% of the total construction amount for the items listed below 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, Shor, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU21-PLAT FINAL-03, for a project known as Stetson Heights, Phase 2 located at A Portion of the NW '/4, NW '/4 & SE '/4 of the SW '/4 and of the NW '/4 & SW '/4 of the SE '/4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 5687-000-107-001, 5687-000-105-0003; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these 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 City's approval requires that the improvements are to be made or constructed by the date set out herein, 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: Page 119 of 317 Page 1 of 6 Performance Bond — Ll — Stetson Heights Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the construction work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and 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 October 1, 2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, materialmen 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. 5. 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. 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 this Bond 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 the following: (1) for the landscape strip, street trees, and installation thereof, a three (3) year Maintenance Bond, not to exceed the sum of Four Hundred and Four Thousand Two Hundred Twelve and Fifty Cents ($404,212.50), 125% of the contract amount for these items. 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's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment Page 120 of 317 Page 2 of 6 Performance Bond — Ll — Stetson Heights Vack to Agenda 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. C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 121 of 317 Page 3 of 6 Performance Bond — Ll — Stetson Heights Back to Agenda DATED this day of 920 SURETY COMPANY PRINCIPAL (Signature must be notarized) (Signature must be notarized) By: By: Its Its Print Name: Print Name: Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD ACCEPTED DATE: 1 12", 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 122 of 317 Page 4 of 6 Performance Bond — Ll — Stetson Heights Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: Page 5 of 6 Performance Bond — Ll — Stetson Heights Page 123 of 317 Back to Agenda My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 6 of 6 Performance Bond — Ll — Stetson Heights Page 124 of 317 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two and three years Maintenance/Warranty Bonds, prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND #: DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 2 Owner/Developer/Contractor: Shor, LLC On -site Improvements — RI, Associated with Tax Parcel Nos. 5687-000-107-001, Project Location: 5687-000-105-0003 KNOW ALL PERSONS BY THESE PRESENTS: That we, Shor, LLC. (hereinafter called the "Principal"), and a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Six Hundred Tbirly Eight Thousand Five Hundred Sixty Two and fifteen cents ($638,562.15), 150% of the total construction amount for the items listed below 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, Shor, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU21-PLAT FINAL-03, for a project known as Stetson Heights, Phase 2 located at A Portion of the NW '/4, NW '/4 & SE '/4 of the SW '/4 and of the NW '/4 & SW '/4 of the SE '/4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 5687-000-107-001, 5687-000-105-0003; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these 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 City's approval requires that the improvements are to be made or constructed by the date set out herein, 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: Page 125 of 317 Page 1 of 6 Performance Bond — R1— Stetson Heights Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the construction work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and 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 October 1, 2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, materialmen 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. 5. 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. 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 this Bond 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 the following: (1) for the concrete sidewalk, and curb & gutter work, a two (2) year Maintenance Bond, not to exceed the sum of One Hundred Twenty Seven Thousand Seven Hundred Twelve and Forty Three Cents ($127, 112.43), 20% of the contract amount for these items; 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's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. 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. Page 126 of 317 Page 2 of 6 Performance Bond — R1— Stetson Heights Back to Agenda 2. hi 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. 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. hi the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 127 of 317 Page 3 of 6 Performance Bond — R1— Stetson Heights Back to Agenda DATED this day of 920 SURETY COMPANY PRINCIPAL (Signature must be notarized) (Signature must be notarized) By: By: Its Its Print Name: Print Name: Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD ACCEPTED DATE: 1 12", 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 128 of 317 Page 4 of 6 Performance Bond — R1— Stetson Heights Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: Page 5 of 6 Performance Bond — R1— Stetson Heights Page 129 of 317 Back to Agenda My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 6 of 6 Performance Bond — R1— Stetson Heights Page 130 of 317 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two and three years Maintenance/Warranty Bonds, prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND #: DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 2 Owner/Developer/Contractor: Shor, LLC On -site Improvements — WI, Associated with Tax Parcel Nos. 5687-000-107-001, Project Location: 5687-000-105-0003 KNOW ALL PERSONS BY THESE PRESENTS: That we, Shor, LLC. (hereinafter called the "Principal"), and a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Forty Five Thousand Three Hundred Fifty Two and Fifty cents ($45,352.50), 150% of the total construction amount for the items listed below 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, Shor, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU21-PLAT FINAL-03, for a project known as Stetson Heights, Phase 2 located at A Portion of the NW '/4, NW '/4 & SE '/4 of the SW '/4 and of the NW '/4 & SW '/4 of the SE '/4, all in Section 10, Township 23 North, Range I East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 5687-000-107-001, 5687-000-105-0003; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these 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 City's approval requires that the improvements are to be made or constructed by the date set out herein, 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: Page 131 of 317 Page 1 of 6 Performance Bond — W1— Stetson Heights Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the construction work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and 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 October 1, 2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, materialmen 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. 5. 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. 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 this Bond between the Principal and the City. 7. 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. 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's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. 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 Page 132 of 317 Page 2 of 6 Performance Bond — Wl — Stetson Heights Back to Agenda 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. C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 133 of 317 Page 3 of 6 Performance Bond — W1— Stetson Heights Back to Agenda DATED this day of 920 SURETY COMPANY PRINCIPAL (Signature must be notarized) (Signature must be notarized) By: By: Its Its Print Name: Print Name: Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD ACCEPTED DATE: 1 12", 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 134 of 317 Page 4 of 6 Performance Bond — W1— Stetson Heights Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: Page 5 of 6 Performance Bond — W1—Stetson Heights Page 135 of 317 Back to Agenda My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 6 of 6 Performance Bond — W1—Stetson Heights Page 136 of 317 Agenda Item No. Subject City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8D Approval of a Purchase with CDW-G for Equipment, Installation and Configuration of a New Server Back to Agenda Meeting Date: May 24, 2022 Prepared by: Noah Crocker Atty Routing No. Atty Review Date Finance Director N/A N/A Summary: New server and data storage equipment was purchased in September 2016. This equipment has served the city well. The city has, however, exceeded the storage capacity provided by this equipment. The IT Dept has mitigated this situation by utilizing spare disk storage on our backup device. In addition, our current data storage equipment is not compatible with the most current version of our virtualization software. This prevents us from upgrading to the most current version. Server and data storage equipment has a seven-year life cycle. Although, our equipment is only six years old, the shortage of data storage capacity, and the fact that we are prevented from upgrading to the most current version of virtualization software, we recommend replacing the equipment this year. The IT Department researched three possible solutions. Based on that research and feedback from other cities and counties in the state, the decision was made to recommend a solution proposed by CDW-G and Nutanix. Per the city's procurement policy, IT solicited a quote from CDW-G, with whom the state of Washington has a contract for IT equipment and services. CDW-G submitted a proposal for new hardware, software licenses and implementation services. This proposal is attached and has been reviewed by the Finance Committee. It is their opinion that the city should move forward with this project as presented. Attached is a purchase order for the proposed equipment, software licenses and implementation services. Recommendation: Staff recommends approving the Mayor to sign the attached purchase order. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to authorize the Mayor to enter into a purchase agreement with CDW-G to purchase, implement and configure new server and data storage equipment not to exceed $135,000." Fiscal Impact: Est. One Time Investment: $135,000 Alternatives: Do not approve and provide alternative guidance. Attachment: Proposal and Purchase Order. Page 137 of 317 City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407 CDW Government 75 Remittance Drive Suite 1515 Chicago, IL 60675-1515 Bill To: Attn: Accounts Payable City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 ap@cityofportorchard.us Back to Agenda PURCHASE ORDER '� P.O. No. 031-22 Date: May 20, 2022 Ship To: City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Ordered By: Authorized Signature: Steve Havert Finance Department City Clerk or Authorized Representative Signature Qty Unit Price Total Purchase, install, and configure new server equipment Quote No. MTBJ328 Equipment (tax included) $89,452.06 $89,452.06 Quote No. MRDL731 Licenses (tax included) $2,583.79 $2,583.79 Quote No. MTFX523 (tax included) $27,125.28 $27,125.28 Services Proposal (tax added as it is not shown on Proposal) $12,951.12 $12,951.12 "Please see attached Quote No. MTBJ328, Quote No. MRDL731, Quote No. MTFX523 and Services Proposal for more information IF TOTAL COST IS OVER $7,500.00 ATTACH PROCUREMENT DOCUMENTS THIS ORDER IS A CONFIRMATION Yes THIS ORDER IS NOT A CONFIRMATION ACCOUNT CODE: Subtotal $132,112.25 Freight Tax (9.2%) Included Addit. Fees Page 138 of 317 Bal Due Not to Exceed $132,112.25 Back to Agenda }, PEOPLE WHO GET IT DEAR STEVE HAVERT, Thank you for considering CDW•G LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. j ACCOUNT MANAGER NOTES: Thanks! QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL MTB3328 5/9/2022 NUTANIX V2 7005945 $89,452.06 ITEM NUTANIX CLD INFRA NCI START LIC+SUP Mfg. Part#: SW-NCI-STR-PR Electronic distribution - NO MEDIA Contract: MARKET Nutanix AOS Ultimate - Term License - 1 license Mfg. Part#: TERM -MONTHS Electronic distribution - NO MEDIA Contract: MARKET NUTANIX 24X7 PROD HW SUP HCI APP Mfg. Part#: S-HW-PRD Electronic distribution - NO MEDIA Contract: MARKET NUTANIX SUPPORT TERM Mfg. Part#: SUPPORT -TERM Electronic distribution - NO MEDIA Contract: MARKET NUTANIX NX-1175S-G8 1 NODE 4314 Mfg. Part#: NX-1175S-G8-4314-CM Contract: MARKET Nutanix - DDR4 - 64 GB - DIMM 288-pin - 3200 MHz PC4-25600 - registered Mfg. Part#: C-MEM-64GB-3200-CM Contract: MARKET Nutanix 6TB 3.5" Hard Drive Mfg. Part#: C-HDD-6TB-BA-CM Contract: MARKET Nutanix 1.92TB Solid State Drive Mfg. Part#: C-SSD-1.92TB-A-CM Contract: MARKET Nutanix - expansion module - 10 Gigabit SFP+ x 4 QTY CDW# 48 6884310 60 6501791 3 5642018 60 5642025 3 6856892 12 6321359 6 6691125 6 6681875 3 6132662 Page 139 of 317 Page 1 of 2 UNIT PRICE EXT. PRICE $1,131.00 $54,288.00 $0.00 $0.00 $934.32 $2,802.96 $0.00 $0.00 $4,291.95 $12,875.85 $416.00 $4,992.00 $220.00 $1,320.00 $418.00 $2,508.00 $589.00 $1,767.00 Back to Agenda Contract: MARKET Nutanix - power supply - 600 Watt 6 6810971 $212.00 $1,272.00 Mfg. Part#: C-PSU-600-A-CM Contract: MARKET Nutanix - power cable - IEC 380-C13 to IEC 60320 C14 - 4 ft 6 6688036 $15.00 $90.00 Mfg. Part#: C-PWR-4FC13C14A-CM Contract: MARKET These services are considered Third Party Services, and this purchase is subject to CDW's Third Party Cloud Services Terms and Conditions, unless you have a written agreement with CDW covering your purchase of products and services, in which case this purchase is subject to such other written agreement. The third -party Service Provider will provide these services directly to you pursuant to the Service Provider's standard terms and conditions or such other terms as agreed upon directly between you and the Service Provider. The Service Provider, not CDW, will be responsible to you for delivery and performance of these services. Except as otherwise set forth in the Service Provider's agreement, these services are non -cancellable, and all fees are non-refundable. PURCHASER BILLING INFO SUBTOTAL $81,915.81 Billing Address: SHIPPING $0.00 CITY OF PORT ORCHARD SALES TAX $7,536.25 ACCTS PAYABLE 216 PROSPECT ST GRAND TOTAL $89,452.06 PORT ORCHARD, WA 98366-5304 Phone: (360) 876-4407 Payment Terms: Net 30 Days-Govt State/Local Please remit payments to: CDW Government DELIVER TO Shipping Address: CITY OF PORT ORCHARD 75 Remittance Drive STEVE HAVERT Suite 1515 216 PROSPECT ST Chicago, IL 60675-1515 PORT ORCHARD, WA 98366-5304 Phone: (360) 876-4407 Shipping Method: DROP SHIP -GROUND 0 Danny Higgins 1 (877) 625-7671 This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at htto://www.cdwa.com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager @ 2022 CDW•G LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 1 800.808.4239 dannhig@cdwg.com Page 140 of 317 Page 2 of 2 Back to Agenda SERVICES PROPOSAL PROJECT FUNDAMENTALS Project Name: Nutanix Cluster Deployment Services — vSphere & Data Migration Services Requested By (Sales): Customer Name: City of Port Orchard CDW Affiliate: CDW Government Effective Date: October 6, 2021 Submitted By (SAIISA): Steve Bally Version: 1.0 CUSTOMER -DESIGNATED LOCATIONS Location(s) Service(s) City of Port Orchard El Assessment El Knowledge Transfer El Staff Augmentation El Configuration �✓ Project Management El Support 21 Prospect St El Design El Reconfiguration El Training hard, WA 98366 Port Orchard, Q Implementation ❑ Reinstallation ❑ Custom Work CDW Affiliate. —Proprietary and Confidential. J TVTemplate Version, MV160122 NUTANIX PROJECT SCOPE SERVICES SUMMARY Seller will perform the following: Back to Agenda • Install and configure a Nutanix cluster consisting of up to four (4) nodes utilizing VMware vSphere as the hypervisor. • Data Migration from VNXe 5300 to Nutanix NX-1465 NUTANIX CLUSTER DEPLOYMENT SERVICES - VSPHERE Services will consist of the items listed below ("Services"): Pre -Engagement Call (Customer Kick-off Meeting) o Review scope and expectations o Identify stakeholders and key contacts o Identify project constraints and limitations Cluster Design and Planning Session o Remote session with Customer and Seller to discuss design and planning variables o Perform verification of site readiness for service delivery o Work with Customer to design the layout and configuration of the Nutanix cluster ■ Discussions around layer 2 data and management networking, cluster layout, design variables, etc. ■ Discussions around VMware vSphere integration and design variables o Complete discovery, configuration, and Nutanix cluster pre -installation checklist and review with Customer o Complete solution summary documentation and applicable Visio drawings Nutanix Cluster Deployment and Configuration o Performs the pre -site installation checklist with Customer team ■ Confirms network and connected switch settings ■ Conducts a site readiness assessment for project ■ Completes the Nutanix pre -installation site checklist o Racks, cables, and power testing of Nutanix cluster ■ If using 31 party hardware, the appropriate prep SoW module must be added to the scope to account for connectivity and firmware effortsIf the project will be completed remotely, Seller will assist Customer in racking and cabling verification to ensure proper physical installation and connectivity o Initial Imaging and OS installation for all nodes in cluster via Nutanix Foundation ■ Validation of • IP, DNS, NTP, data network settings • Node/cluster intercommunication • Controller Virtual Machine (CVM) Validation • VMware vSphere Integration o If Customer has compatible vCenter server already in place, Seller can integrate Nutanix cluster as a new environment within the existing vCenter infrastructure ■ Configuration of vSphere cluster (DRS/HA) for use by Nutanix cluster o Configuration of vCenter, storage, and virtual networking for use by Nutanix clusterIf Customer does not have vCenter in place (or does not wish to integrate with it), a new vCenter Server appliance needs to be installed and configured by the Seller. This is handled by an additional SOW module that needs to be added to the project to bring this in scope. • Prism Central Deployment and Configuration o Deployment of Prism Central VM CDW Affiliate. —Proprietary and Confidential. TVTemplate Version, MV160122 Back to Agenda o Configuration and integration of Prism Central to new/existing clusters o If PrismPro license was purchased, install license to unlock PrismPro features • Functional Demonstration and Knowledge Transfer around Nutanix vSphere cluster o Prism Dashboard Overview and Administration o vCenter Web Client Overview and Administration o Functional Demonstration of Nutanix administration ■ Nutanix AOS Upgrades via Prism ■ Addition of nodes to Nutanix cluster ■ NCC Health Check ■ If PrismPro license was purchased and installed, overview of PrismPro additional features o Workload Migration ■ Migration or creation of up to five (5) non -production VMs to Nutanix cluster, using available tools CUSTOMER RESPONSIBILITIES • Customer needs to have a 10 GbE Top -of -Rack (TOR) switch to use with the Nutanix cluster and it must have the appropriate number of 10GbE open ports available/licenses to use those ports. Otherwise Customer will need to purchase a TOR switch and/or additional licenses to open those ports. • Customer needs to have a 1Gb management switch to use with the Nutanix cluster and it must have the appropriate number of open ports available/licenses to use those ports. Although not recommended, the same switch for ToR connectivity can be used for management if the applicable ports are available. • Configuration of network switches for data and management will be completed by the Customer unless explicitly stated otherwise in the "Services Summary" section above. • For remote -based deployments, Customer will need to ensure that they have the infrastructure to install and configure a Nutanix Foundation VM appliance for temporary use in Nutanix cluster imaging. This can be on an existing virtual infrastructure or built as a VM on a workstation. Connecting the nodes to a temporary 1Gb management switch is recommended to ensure traffic does not affect production network load. Additionally, node IPMIs will be assigned static IP addresses to help with imaging process. • Assist Seller with project planning and design variable gathering. • Customer is responsible for creating a backup of the VMs to be test migrated • Customer shall provide Provider with detailed and accurate information regarding its current network environment, including information regarding network provisioning, TCP/IP settings, server hardware details, software versions, or regulatory requirements. Inaccurate information may add time and cost to the project. • Customer shall perform a full working backup of its network prior to commencement of the Services. Seller is not responsible for lost data. • Provide qualified personnel who will perform Customer's obligations under this SOE, make timely decisions necessary to move performance of the Services forward, participate in this project to the extent reasonably requested by Seller and reasonably assist Seller with its performance of the Services • Provide Seller's personnel with appropriate levels of access and privilege to systems and information necessary for Seller's performance of the Services • Limiting access to Customer's network and/or facilities only as needed to perform the Services • Make any final decisions regarding, and take responsibility for the implementation of any recommendations or potential solutions provided by Seller under this SOE • Site Preparation: o All hardware will be received and inventoried prior to scheduling Seller to arrive onsite. All hardware/software/firmware are compatible in accordance with manufactures support matrix(s) o Complete all change control task(s) and schedule all required maintenance windows. o Customer shall assume all responsibility for site preparation, including space, cabling, HVAC and electrical requirements that have already been provided. CDW Affiliate. —Proprietary and Confidential. J TVTemplate Version, MV160122 kack to Agenda o Customer is responsible for providing customer -owned or licensed copies of any customer or third -party software that Seller is required to install on the Customer's behalf. This includes VMware vSphere and vCenter licensing as needed for the project. ASSUMPTIONS AND ACKNOWLEDGEMENTS • Services will be delivered onsite or remotely, based on Customer needs and project intent. • Customer's personnel will be available on a timely basis, and when reasonably requested by Seller, Customer's personnel will provide input, review the Services being performed and the items provided by Seller, answer questions, provide signoff, and allow Seller to gather and validate information, perform reviews and obtain other input • The scope and objectives of this project will be jointly managed by Customer and Seller to better ensure completion of the project within the anticipated schedule • Customer acknowledges and agrees that Seller will not process personal data that is subject to applicable data security and privacy laws ("Personal Data") within the scope of the Services, and that Customer will restrict Seller from accessing any Personal Data during the performance of the Services OUT OF SCOPE • Firmware upgrades for non-Nutanix hardware (3' party hardware platforms) unless otherwise stated with the appropriate services module. • Creation and configuration of new vCenter appliances, unless otherwise stated with the appropriate services module. • Nutanix Metro Availability • Configuration of LAN/SAN switches • Remediation of any issues or problems is out of scope for this engagement • Seller will not perform Services for Customer's foreign affiliates if any • Any other Services not specified herein • Replacement of any security certificates. • Any P2V conversions • Network configuration of switches/non-Nutanix devices to support DR configuration • Recovery or operability testing on production VMs • Tasks not defined within this SoW ITEM(S) PROVIDED Item Description Format Nutanix Planning and Design re -installation checklist for the project Various Documentation Nutanix Cluster As -Built Design variable documentation PDF Documentation Nutanix Administration endor Procedural documentation DF/URL Documentation DATA MIGRATION PROJECT SCOPE Customer is requesting assistance to migrate approximately 18 TB of Data from an existing VNXe 5300 storage solution ("Source") to a new Nutanix NX-1465 storage solution ("Target"). Seller will work with Customer to Plan, Design and Migrate Data on specific hosts from started sources(s) to specific target(s) according to the scope boundaries set forth below: including Data Gathering, Assessment, Planning, Design, Implementation and Migration data validation. Seller will use preferred CDW Affiliate. —Proprietary and Confidential. J TVTemplate Version, MV160122 ack to Agenda migration tool or specific Storage Solution Native Windows tools as it primary tool(s) for migration of data during this project an may elect, at Sellers's discretion, to employ the use of other appropriate methods as needed to complete the migration of data as defined in this SOW. This process will be based upon mutually agreed upon downtime requirements, planned in advance by both the Seller and Customer. SOURCE ENVIRONMENT • Qty. (1) VNXe 5300 • Qty (2) VMware vSphere Hosts o Approx. 18TBs, 30 VMs TARGET ENVIRONMENT • Qty. (1) Nutanix NX-1465 • Qty (2) VMware vSphere Hosts o Approx. 18TBs, 30 VMs DATA MIGRATION Seller's approach to this Data Migration project is addressed in the following phases: • Discovery & Assessment • Planning & Design • Preparation • Pilot • Data Migration • Validation DISCOVERY AND ASSESSMENT PHASE • Seller will perform a physical and logical inventory of the Customer storage environment and supporting network hardware, and will gather information regarding the data type, size, and environment. • Customer will complete a data assessment questionnaire provided by the Seller. • Seller will review the questionnaire and communicate with the Customer as needed for additional or follow up information. • Seller will run a data gathering and validation tool on Customer network (remote) in order to collect, analyze and validate Customer data is in line with project information. • Seller will work with the Customer if any needed outages are identified to ensure minimal impact to the Customer business operations as well as to ensure correct collection of data. • Seller will complete the analysis of existing host data collected and document any required changes to hardware/software/firmware and provide the list to the Customer. PLANNING AND DESIGN PHASE • Upon completion of the discovery and assessment phase, Seller will create a data migration strategy based on Customer specific needs. The Seller and Customer will review the findings and recommendations. • A migration plan will be submitted to Customer for approval before proceeding. • Once the migration plan has been accepted then the Seller will create a pilot and validation plan. The purpose of this plan is to test in a controlled pilot group the migration strategy. • Validate the migration environment to ensure the appropriate assets will be migrated and meet Seller's interoperability requirements. • Correlate storage environment information and plan for the migration solution. • Create documentation of the proposed architecture in the Configuration Guide. • Work with Customer to develop post migration cutover plan. • Determine the engagement process and schedule. CDW Affiliate. —Proprietary and Confidential. J TVTemplate Version, MV160122 • Determine Downtime windows. • Determine Customer Change Control. PREPARATION PHASE Back to Agenda • Validate that the relevant equipment is on -site at the appropriate location with power and cable requirements met • Confirm with the Customer the installation, cabling, and connectivity to system cabinets are in accordance with the solution design • Verification of the network, server, or storage configuration changes • Installation and setup of the migration tool(s) • Confirm Customer has completed a full backup of all data from source systems PILOT PHASE • Development of the Data Migration Validation Plan with the Customer • Perform a test migration with data subset • Review Pilot results upon successfully completion • Modify migration plan and conduct second pilot if required DATA MIGRATION PHASE • Migration of the data in scope of this SOW • Upon determination of migration plan and technique, specific implementation plans will be generated and executed. VALIDATION PHASE • Review Data Validation plan with Customer • Validate migrated data attributes • Validate target system configuration • Verify I/O is suspended and confirm with Customer that data removal from system is complete • Perform post -migration clean up, including removal of any zoning, device mappings, port connections, and migration software or storage configuration settings that are no longer required in the environment • Remove migration appliances as needed • Provide appropriate Knowledge Transfer and target system Overview as applicable ENGAGEMENT PLANNING & MANAGEMENT These tasks will ensure that project completion meets all requirements outlined in the scope of services. It includes the following activities: • Internal Project Technical Planning o Solution and Technical Architecture Review and planning o Clearly define project scope, objectives, risks and approach o Develop a Work Breakdown Structure and Develop a Project Plan o Develop Communication and Escalation Plan o Identify project resources, roles, and responsibilities o Confirm site readiness and documentation • External Project Meeting o Introduce key participants, stakeholders and project teams o Verify hardware delivery and specifications o Solution, requirements and logistics Review o Review and approve project plan • Project Management o Task and resource scheduling and assignment o Administration, Financial and Team management CDW Affiliate. —Proprietary and Confidential. J TVTemplate Version, MV160122 o Escalation and communication management Back to Agenda o Change control and management o Status meetings and reporting o Project Closeout PROJECT ASSUMPTIONS In addition to any other assumptions described in this SOW, Seller assumes the following: 1. The scope and objectives of this project will be jointly managed by you and Seller to better ensure completion of the project within the anticipated schedule. 2. If you require Seller to perform additional tasks that fall outside of this SOW additional charges may be incurred and will require Customer sign -off before additional tasks can be completed. 3. Services not specified in this SOW are considered out -of -scope and will be addressed with a separate SOW or Change Order. 4. Customer must provide valid licenses for all operating systems. 5. Customer will provide either a Project Manager or other consistent and knowledgeable resource familiar with the Customer environment, processes and procedures in order to facilitate the timely execution of the tasks Seller is expected to complete as part of this SOW. 6. The scope and objectives of this project will be jointly managed by you and Seller to better ensure completion of the project within the anticipated schedule. 7. You and Seller will follow Seller's Project Management Methodology for this project. Seller's Project Management Methodology is as follows: Customer will work with Seller to define roles and responsibilities, develop project and test plans, identify risks, maintain change management procedures and ensure management of open issues. 8. If you require Seller to perform additional tasks that fall outside of this SOW additional charges may be incurred and will require Customer sign -off before additional tasks can be completed. 9. Existing network is in good working order. 10. All discovery Services are best effort and are dependent on the network being fully functional. 11. Customer has knowledge about current environment, storage area network, networking infrastructure. 12. Customer resources committed to the engagement will be made available throughout the engagement. 13. Customer has acquired all necessary hardware and software required to fulfill this project. Delays in hardware and software delivery may increase costs or change the project timeline. 14. Project management tasks will be performed remotely. 15. Seller will not be liable for any loss, corruption, or any other damage to data or software involved in this project. 16. The number of VMs moved depends on migration window time and will be agreed upon by customer and seller prior to migration. 17. Customer and Seller agree that the total number of "servers" (VM's) involved in the migration is 30. 18. Any change in the number of servers to be migrated will require a Project Change Request to the original SOW approved by both Seller and Customer and may require Seller to modify the number of servers migrated, per session accordingly. 19. Additional licensing cost may be applied depending on the agreed upon migration strategy. Customer will be responsible for any additional costs. CUSTOMER RESPONSIBILITIES In addition to any other responsibilities described in this SOW that you may have, your obligations include (without limitation) those listed below. Together with Seller, schedule the performance of the services. Provide other full-time qualified, knowledgeable personnel who will perform your obligations under this SOW, make timely decisions necessary to move performance of the services forward, participate in this project to the extent reasonably requested by Seller and reasonably assist Seller with its performance of the services. CDW Affiliate. —Proprietary and Confidential. J TVTemplate Version, MV160122 LBack to Agenda 3. Your personnel will be available on a timely basis, and when reasonably requested by Seller, your personnel will provide input, review the services being performed and the items provided by Seller, answer questions, provide signoff, and allow Seller to gather and validate information, perform reviews and obtain other input. 4. When services are performed at your location, you will provide adequate, co -located workspace for the engagement personnel (both Sellers' personnel and your personnel) with appropriate system access. Seller recommends keeping these personnel separate from support teams and those performing daily operations. 5. Acquired all necessary hardware and software required to complete this project. 6. Provide Seller all appropriate media, licensing, and software keys. 7. Provide network connectivity, including cabling, Internet access and voice access for local and long distance calls. 8. Must perform a full back-up prior to Seller arriving to perform the service requested. Seller is neither liable nor responsible for the loss, back-up, or restore of any Customer data. 9. Grant or facilitate authorized Seller project delivery personnel the timely access to all related Customer equipment, systems, device and system consoles, (restricted access or otherwise secured location) that Seller would require in order to execute the Services set forth in this SOW. 10. Current LAN, WAN, Network Storage or related Systems documentation, including any relevant drawings, diagrams, layouts and schematics to the Customer Environment either included or affected by the tasks set forth in this SOW, and as requested by Seller. 11. Inventory of Storage devices, physical and virtual to include SAN, NAS and Disk Arrays or as otherwise required by Seller. 12. All post -migration activities (i.e. reconfiguring replication and backups). ACCEPTANCE CRITERIA The acceptance criteria for this engagement are as follows: 1. Assessment 2. Planning/Design 3. Completion of data migration. OUT OF SCOPE Tasks outside the statement of work include, but are not limited to: 1. Migration of any server not within the defined SOW 2. Any LUN consolidation. 3. Application verification — Customer is required to verify data/application integrity. 4. Client configuration changes Services not specified in this SOW are considered out of scope and will be addressed with a separate SOW or Change Order. ITEM(S) PROVIDED TO CUSTOMER Table I — Item(s) Provided to Customer Item Description Format Communication Plan Communication Plan for the project. PDF Data Migration Workbook The plan that will document the necessary steps and PDF procedures that will be performed by both parties (Seller and Customer) to ensure the successful migration of the Customer's data. Visual depiction of the current data and storage environment. Services not specified in this SOW are considered out of scope and will be addressed with a separate SOW or Changc Order. CDW Affiliate. —Proprietary and Confidential. J TVTemplate Version, MV160122 PROJECT SCHEDULING Back to Agenda Customer and Seller, who will jointly manage this project, will together develop timelines for an anticipated schedule ("Anticipated Schedule") based on Seller's project management methodology. Any dates, deadlines, timelines or schedules contained in the Anticipated Schedule, in this SOW or otherwise, are estimates only, and the Parties will not rely on them for purposes other than initial planning. TOTAL FEES The total fees due and payable under this SOW ("Total Fees") include both fees for Seller's performance of work ("Services Fees") and any other related costs and fees specified in the Expenses section ("Expenses"). Unless otherwise specified, taxes will be invoiced but are not included in any numbers or calculations provided herein. Seller will invoice for the Total Fees. SERVICES FEES Services Fees will be calculated on a TIME AND MATERIALS basis. The invoiced amount of Services Fees will equal the rate applicable for a unit of a service or resource ("Unit Rate") multiplied by the number of units being provided (`Billable Units") for each unit type provided by Seller (see Table 2). The Total Estimated Services Fees of $11,860 is merely an estimate and does not represent a fixed fee. Neither the Total Estimated Billable Units of 54 nor the Total Estimated Services Fees are intended to limit the bounds of what may be requested or required for performance of the Services. Table 2 - Services Fees Unit Type Unit Rate Billable Units Subtotal Nutanix Senior Engineer - Per Hour $225 25 $5,625.00 Data Migration Senior Engineer - Per Hour $215 20 $4,300.00 Project Manager - Per Hour $215 9 $1,935.00 Estimated Totals 54.00 $11,860.00 The rates presented in Table 2 apply to scheduled Services that are performed during Standard Business Hours (meaning 8:00 a.m. to 5:00 p.m. local time, Monday through Friday, excluding holidays). When Seller invoices for scheduled Services that are not performed during Standard Business Hours, Services Fees will be calculated at 150% of the Unit Rates. For any unscheduled (i.e., emergency) Services performed at any time of the day, Services Fees will be calculated at 200% of the Unit Rates. Any non -Hourly Units will be measured in one (1) unit increments when Services are performed remotely or at any Customer -Designated Location(s) (as defined below). Any Hourly Units will be measured in one (1) hour increments with a minimum of one (1) hour billed each day Services are performed remotely and four (4) hours billed each day Services are performed at any Customer -Designated Location(s). When Hourly Seller personnel must travel more than two (2) hours a day to work at any Customer -Designated Location(s), there will be a minimum of eight (8) hours billed for each day (less travel time that is invoiced pursuant to the "Expenses" section below). Upon notice, Seller may adjust the rates above, provided that the rates will remain fixed for at least six (6) months after the SOW Effective Date and then again for at least six (6) months after any subsequent adjustment. The rates above only apply to Services specified in this SOW as it may be amended by one or more Change Order(s). CDW Affiliate. —Proprietary and Confidential. J TVTemplate Version, MV160122 EXPENSES Back to Agenda When Seller's personnel are located more than 50 miles from the Customer -Designated location, travel charges will apply. Seller will invoice Customer for the time Seller's personnel spend traveling to and/or from the Customer -Designated Location(s) (or otherwise, as necessary) at a rate of $85/hour. Seller will make efforts to schedule appropriate personnel from Seller's offices located nearest to the Customer -Designated Location(s) in order to minimize such expenses. Seller's ability to do so may depend on various factors (e.g., specialized project skills needed, personnel availability, and changes to, or challenges inherent in, the Anticipated Schedule). Seller will invoice Customer for Seller's reasonable, direct costs incurred in performance of the Services. Direct expenses include, but may not be limited to: airfare, lodging, mileage, meals, shipping, lift rentals, photo copies, tolls and parking. Seller will charge actual costs for these expenses. Any projected expenses set forth in this SOW are estimates only. Two (2) weeks' advance notice from Customer is required for any necessary travel by Seller personnel. NOT FOR SIGNATURE THIS DOCUMENT IS A DRAFT INTENDED ONLY FOR USE IN THE REVIEW OF TEXT APPLICABLE TO A POSSIBLE SERVICES ENGAGEMENT. IT DOES NOT CONSTITUTE A CONTRACT OR A PROPOSAL FOR A CONTRACT. THE CONTENT OF THIS DOCUMENT, AS IT MAY BE NEGOTIATED BY THE PARTIES, IS INTENDED TO BE INCORPORATED INTO A STATEMENT OF WORK, WHICH WILL INCLUDE OTHER PROVISIONS AND WHICH WILL BE GOVERNED BY ADDITIONAL TERMS AND CONDITIONS. A PARTY'S SIGNATURE OR OTHER INDICATION OF APPROVAL ON OR RELATED TO THIS DOCUMENT SHALL HAVE NO BINDING OR CONTRACTUAL EFFECT. CDW Affiliate. —Proprietary and Confidential. J TVTemplate Version, MV160122 Back to Agenda }, PEOPLE WHO GET IT DEAR STEVE HAVERT, Thank you for considering CDW•G LLC for your computing needs. The details of your quote are below. Click here to convert your quote to an order. ACCOUNT MANAGER NOTES: Thanks! QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL MRDL731 3/ 16/2022 VEEAM 7005945 $2,583.79 ITEM QTY CDW# UNIT PRICE EXT. PRICE Veeam Backuo Essentials Universal License - migration 2 6517080 $326.05 $652.10 subscription license Mfg. Part#: V-ESSSTD-OS-SUPMG-00 Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPOI6-130652 06016) Veeam Backup Essentials Universal License - migration 5 6514703 $343.67 $1,718.35 subscription license Mfg. Part#: P-ESSVUL-OI-SUIMG-00 Electronic distribution - NO MEDIA Contract: Washington NVP Software (ADSPOI6-130652 06016) PURCHASER BILLING INFO SUBTOTAL $2,370.45 Billing Address: SHIPPING $0.00 CITY OF PORT ORCHARD SALES TAX $213.34 ACCTS PAYABLE 216 PROSPECT ST GRAND TOTAL $2,583.79 PORT ORCHARD, WA 98366-5304 Phone: (360) 876-4407 Payment Terms: Net 30 Days-Govt State/Local Please remit payments to: CDW Government DELIVER TO Shipping Address: CITY OF PORT ORCHARD 75 Remittance Drive STEVE HAVERT Suite 1515 216 PROSPECT ST Chicago, IL 60675-1515 PORT ORCHARD, WA 98366-5304 Phone: (360) 876-4407 Shipping Method: ELECTRONIC DISTRIBUTION Danny Higgins 1 (877) 625-7671 This quote is subject to CDW's Terms and Conditions of Sales and Service Projects at http: //www.cdwa. com/content/terms-conditions/product-sales.aspx For more information, contact a CDW account manager dannhig@cdwg.com Page 151 of 317 Page 1 of 2 Back to Agenda © 2022 CDW•G LLC 200 N. Milwaukee Avenue, Vernon Hills, IL 60061 1 800.808.4239 Page 152 of 317 Page 2 of 2 Back to Agenda +- r PEOPLE GET I GET T DEAR STEVE HAVERT, Thank you for considering CDW•G LLC for your computing needs. The details of your quote are below. li _k._F-e-re to convert your quote to an order. 7 ACCOUNT MANAGER NOTES: Thanks! QUOTE # QUOTE DATE QUOTE REFERENCE CUSTOMER # GRAND TOTAL MTFX523 5/12/2022 MERAKI SWITCH OPTION 7005945 $27,125.29 "VM QTY Co1iki'*.1_..., UNrr Pii.:CE EXT. PRICE Cisea McEw C1oud.,lNan yad Eth a?reC._ r ^:g ibe �wiL4�.h, 2 4142281 $11,055.00 $22,110.00 CWS2 f svaitc h .. Mfg. Part#: MS425-16-HW UNSPSC:43222612 Contract: Washington Cisco NASPO ValuePoint AR3227 (AR3227 05819) 2 4194606 $1,125.00 $2,250.00 Mfg. Part#: L1C-MS425-16-3YR UNSPSC:43233204 Electronic distribution - NO MEDIA Contract: Washington Cisco NASPO ValuePoint AR3227 (AR3227 05819) 6 3364:137 $80.00 $480.00 Mfg. Part#: MA-CBL-TA-1M UNSPSC:26121609 Contract: Washington Cisco NASPO ValuePoint AR3227 (AR3227 PURCHASER BILLING INFO SUBTOTAL $24,840,00 _.. ......_.._ .� ...:_........ � __.. Billing Address: SHIPPING $0.00 CITY OF PORT ORCHARD ACCTS PAYABLE I SALES TAX $2,285.28 216 PROSPECT ST I PORT ORCHARD, WA 98366-5304 GRAND TOTAL $27,125.28 Phone: (360) 876-4407 Payment Terms: Net 30 Days -Gout State/Local Please remit payments to, COW Government bELIVfER TO Shipping Address: CITY OF PORT ORCHARD 75 Remittance Drive STEVE HAVERT Suite 1515 216 PROSPECT ST Chicago, IL 60675-1515 PORT ORCHARD, WA 98366-5304 Phone: (360) 876-4407 Shipping Method: DROP SHIP -GROUND Po P,?gU�5 9f 317 'Phis quote is subject to CDW!sTeoms and Conditions of Saws and Service«Projects at p:llwv.-y,; r: wt).cn{rl C�^t� t!t,,�rI,lS.rnrid4f1Gn::'orlduf-,-134Is ;0�px For more information, contact a CDW acceurit manager rD 2022 Ci3WG ELC 200'Ri. P411waukee Aventie, Vemun Nuts, it 60061 { 800,80RA239 Agenda Item No City of Port Orchard Back to Agenda 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8E Meeting Date: May 24, 2022 Subject: Adoption of a Resolution Approving a Contract with Striae Rite. Inc. for the 2022 Road Striping Project Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No.: Atty Review Date 366922-0009 — PW May 19, 2022 Summary: The City of Port Orchard updates road striping in the city on an annual basis. By this Resolution, the City Council would authorize the Mayor to execute a contract with Stripe Rite, Inc. for the 2022 City of Port Orchard Road Striping Project (the "Project"). On April 1, 2022, consistent with RCW 39.04.115 and the City's Procurement Policies (adopted by Resolution No. 042-20, as amended), Public Works staff established a list of qualified contractors from the 2022 MRSC Small Works Roster for the Main Category — Roadway Construction, Repair & Maintenance, and Sub -Category — Asphalt Pavement Grinding, Planing and Pulverization, Pavement Markings, to perform the Project. A copy of that list of qualified contractors is attached to the Resolution as Exhibit A. On April 15, 2022, and pursuant to Resolution No. 042-20(see Section 5 — Bid Procedures), the City's Public Works Department emailed an Invitation to Bid for the Project to five (5) qualified contractors on the list. Two (2) bids were received by the April 29, 2022, 2:00pm deadline, at which time staff determined Stripe Rite Inc. was the presumed responsive and the qualified low bidder. Final bid amounts were as follows: Name of Contractor Bid Total Specialized Pavement Markings, LLC $74,800.89 Stripe Rite, Inc. $69,935.36 On May 5, 2022, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and determined that the Stripe Rite, Inc bid of $69,935.36 (applicable tax included) was the lowest, responsive and responsible, qualified bid. The Public Works Department has confirmed that the bidding procedures for Public Works have been followed. Recommendation: Staff recommends that the City Council adopt Resolution No. 047-22, authorizing the Mayor to execute Contract No. C059-22 with Stripe Rite, Inc. for the 2022 City of Port Orchard Road Striping Project in the amount of $69,935.36. Relationship to Comprehensive Plan: Chapter 8- Transportation Motion for Consideration: I move to adopt Resolution No. 047-22, authorizing the Mayor to execute Contract No. C059-22 with Stripe Rite, Inc. for the 2022 City of Port Orchard Road Striping Project in the amount of $69,935.36. Page 155 of 317 Staff Report 8E Back to Agenda page 2 of 2 Fiscal Impact: Due to the increased cost for contracted road striping for 2021 and 2022, a budget amendment may be needed. This work is budgeted under 002.05.542.64.40 Alternatives: Do not approve. Attachments: Resolution No. 047-22, Ex. A — MRSC Roster, and Ex. B - Small Works Contract No. C059-22. Page 156 of 317 Back to Agenda RESOLUTION NO. 047-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. C059-22 WITH STRIPE RITE, INC. FOR THE 2022 CITY OF PORT ORCHARD ROAD STRIPING PROJECT AND DOCUMENTING THE SMALL PUBLIC WORKS PROCUREMENT PROCEDURES. WHEREAS, the City updates road striping throughout the City on an annual basis and identified the need for the 2022 City of Port Orchard Road Striping project (the "Project"); and WHEREAS, the City is a member of the Municipal Research and Services Center of Washington (MRSC) Small Public Works Roster program, and MRSC solicited on behalf of participating local government agencies, including the City, within Washington State (including the City of Port Orchard) for the 2022 MRSC Small Public Works Roster; and WHEREAS, on April 1, 2022, pursuant to RCW 39.04.155 and the City's Procurement Policies, adopted at Resolution No. 042-20, the City's Public Works Department established a roster of qualified contractors from the 2022 MRSC Small Works Roster, for the Main Category — Roadway Construction, Repair & Maintenance, and Sub -Category — Asphalt Pavement Grinding, Planing and Pulverization, Pavement Markings; and WHEREAS, on April 15, 2022, the City's Public Works Department issued an Invitation to Bid for the Project to five (5) qualified contractors on the selected roster; and WHEREAS, on April 29, 2022, the City's Public Works Department received two (2) bids by the 2:00pm deadline, and staff determined that Stripe Rite, Inc. submitted the apparent lowest, qualified bid for the Project; and WHEREAS, on May 5, 2022, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed Stripe Rite, Inc. as the lowest, responsive and responsible qualified bidder; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES 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. Page 157 of 317 Back to Agenda , 2 of 2 THAT: The City Council authorizes the Mayor to execute Contract No._C059-22 with Stripe Rite, Inc. for the 2022 City of Port Orchard Road Striping Project, a copy of which is attached hereto as Exhibit B and incorporated herein by this reference. 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 241" day of May 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 158 of 317 ExhibitA Public Agency Name: Roster Type: Date: Time: Main Category: Sub -Category: A&W Paving, Inc A.C.E. Improvements A.C. Moate Industries, Inc AA Asphalting LLC AAA Sweeping LLC Action Services Corporation k / Active Construction Inc. Agate Asphalt all serviceasphalt LLC Altus Traffic Management LLC dba Statewide Safety Systems American Electrical Construction tic Apply -A -Line, LLC. Arrow Concrete & Asphalt Specialties, Inc. Asphalt Patch Systems Inc Axum General Construction, Inc. Barcott Construction LLC Becker Blacktop LLC Beisley Enterprises LLC Black Hills Excavating Inc. Boomtown Services, LLC BP Dirt Works, LLC. C. Denney Construction Cascade Sealing Company City of Port Orchard Small Works Roster Back to Agenda 04/01/2022 07:53 am Roadway Construction, Repair, and Maintenance Asphalt Pavement Grinding, Planing and Pulverization, Pavement Markings Ceccanti, Inc. Page 159 of 317 Central Paving LLC Clarity Construction Inc. Clark And Sons Excavating INC Coatings Northwest LLC Columbia Pacific Construction, LLC CR Contracting D & G Backhoe, Inc. dba Parker Pacific Excavation Emerald Paving, Inc. Evergreen Asphalt and Concrete Inc. EVERSON ASPHALT PAVING INC Extreme Excavation FORMA Construction Company Freedom Boring & Excavating Inc. G.A. Jorgensen Company Inc. GEC NW, Inc. GeoTest Services, Inc. Global Contractors LLC Granite Construction Company Granite Construction Company Ground Up Road Construction, Inc. Hanson Excavation HCP Development Hicks Striping & Curbing, Inc. Huber General Contractors Inc HUIZENGA ENTERPRISES LLC Inland Company Intermountain Slurry Seal, Inc. Interwest Construction Inc. Back to Agenda Page 160 of 317 Iron Creek Construction LLC J. Linder Painting, LLC James Lynch Construction J A Morris Construction Julies Construction And Striping LLC Key Peninsula Construction, LLC I<issler Enterprises Environmental Products, Inc. I<KLA Contractors, LLC Lakeridge Paving Co., LLC Lakeside Industries - Port Ludlow & Port Angeles Lakeside Industries Inc. - Kent Legionary Handyman, LLC Looker Asphalt Inc Matt Rychel Maverick Construction and Demo McCann Construction Enterprises, Inc. Michael Green Construction, Inc. MidMountain Contractors Inc Mills General LLC Mr. Asphalt and Sons LLC Nordland Construction Nw Nordvind Company Northern Asphalt LLC North Fork Excavating Inc. Northwest Striping & Sealing LLC Northwest Traffic, Inc. NOVA Contracting, Inc N P M Construction Co. Nys Enterprises Back to Agenda Page 161 of 317 Oceanside Construction, Inc. Pacific Surveying and Engineering Services Pacific Tech Construction Paintmaster Services Inc. Pape & Sons Construction, Inc. Pavement Surface Control PHD, LLC Pony Up Parking Lots, Inc Precision Striping Premier Paving and Sealcoat, LLC PR Systems LLC Puget Paving & Construction, Inc. Purcell P & C, LLC Quality Coating Enterprises Quality Painting NW LLC RailWorks Track Systems Rainbow Sweepers, Inc. "RSI" Rainier Asphalt and Concrete Rains Contracting Inc Ram Construction General Contractors, LLC Raptor Excavating and Contracting LLC RAZZ Construction, Inc. R C Walsh & Company LLC RC Zeigler Company Inc Redtail Reece Construction Company Reign City Services LLC Reliant Construction Services LLC Rhizorspainting [lc Back to Agenda Page 162 of 317 Road Construction Northwest, Inc. Road Products, Inc ROGNLINS INC. Roland Construction Company, LLC SEALTECH ASPHALT, INC. Signature General Construction Inc. Simmons and Sons Contracting Inc Simple Solutions Sound Excavation, Inc. Specialized Pavement Marking, LLC Stanley Patrick Striping STATEWIDE PARKING LOT SERVICE INC Stripe -A -Lot v/ Stripe Rite Inc Stumpy Tree Service Superior Asphalt Maintenance Inc. Surface Prep & Maintenance Swofford Excavating Talakai Construction,LLC The Westsound Company LLC Tiger Construction, LTD TKK,LLC Tony Lind Paving Traffic Safety Supply Transblue TRICO Companies, LLC Trinity Contractors Inc. Tucci & Sons, Inc. Tunista Construction, LLC. Back to Agenda Page 163 of 317 UTILIGI Communications Valdez Construction, Inc Vet Industrial, Inc. We Can Dig It Welwest Construction Inc. Western United Civil Group LLC Westwood Company LLC Back to Agenda Page 164 of 317 Back to Agenda CITY OF PORT ORCHARD SMALL WORKS OVER $35K CONSTRUCTION CONTRACT NO. C059-22 PUBLIC WORKS PROJECT NO. PW2022-010 THIS Agreement is made effective as of the 24th day of May 2022, by and between CITY OF PORT ORCHARD, WASHINGTON (°CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Stripe Rite Inc. ("CONTRACTOR"), a Washington corporation located at: 1813 1371h Ave E Sumner, WA 98380-9645 Contact: Steven Bateman Phone: 253.863.2987 Email: kathyAstriperite.com for the following Project: 2022 City of Port Orchard Road Striping (`PROJECT") The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract Documents for the Project. The following documents are collectively referred to as the "Contract Documents": a. This Agreement signed by the City and the Contractor; b. Division 1 of WSDOT Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with APWA Supplement (1-99), subject to specific provisions contained within the Public Works Terms and Conditions; c. The attached Special Provisions, Plans and Specifications; d. 2018 International Building Code (IBC) and 2018 Energy Code Compliance; e. Written change orders or orders for minor changes in the Work issued after execution of this Agreement; f. Public Works Terms and Conditions; g. Insurance and Bonding Requirements; City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2022-0I0 Rev. 113DR 4-2022 Small Works Contract No. C059-22 U:,6_SlrccisT_Rcpair&MaintcnancelPavemcnlMorkingslS1riping\2022 StripinglCon ma\C659-22- Stripe Rite. Inc.doca Page I of 30 Page 165 of 317 Back to Agenda h. The Invitation to Bid, and bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-g; i. 2019 Public Works Engineering Standards; and j. Appendix A: Nan -Discrimination Statutes and Authorities. k. IF A GRANT APPLIES TO THIS AGREEMENT, THE GRANT AGREEMENT BETWEEN THE CITY AND THE FUNDING AGENCY WILL BE MADE PART OF THE CONTRACT DOCUMENTS. All of the above listed Contract Documents are each made exhibits to this Agreement and are incorporated into the Agreement as if set forth in full. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement shall be August 151" 2022. The Contractor shall substantially complete the Work not later than September 16'" 2022 subject to adjustment by change order. 3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City. Contractor represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. 4. Subject to additions and deductions by change order, the construction maximum payment is the base bid amount of $69,935.36 (including applicable sales tax) (hereinafter "Contract Sum"). The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract. 5. The Contractor agrees to comply with all state and federal laws relating to the employment of labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents. The Contractor warrants that it is licensed and authorized to do business under the laws of the State of Washington and has not been suspended or debarred in the past three (3) years. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No, C059-22 U:16_StrccrsT_RepaimMaintcnanccTavcmcntMarkings,Stripins',2022 StripingWontroc00054.22- Stripe Rite, [nc.docs Page 2 of 30 Page 166 of 317 Back to Agenda 6. The Contractor agrees to repair and replace all property of the City and all property of others damaged by Contractor, Contractor's employees, sub -contractors. 7. The Contractor does hereby agree to the full performance of all the covenants herein upon the part of the Contractor. Such agreement shall be binding upon Contractor's heirs, executors, administrators, successors, and assigns. 8. It is further provided that no liability shall attach to the City of Port Orchard by reason of entering into this Construction Contract, except as expressly provided herein. 9. Title VI. The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Also, in accordance with Title V1, the City is required to include the following clauses in every contract subject to Title VI and its related regulations. Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows: a) Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. b) Nondiscrimination: The Contractor, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. c) Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:\G_SlrcctstF_Rcpair&Maintenance,Paven=cntMarking.,\Striping12022 StripirtgTonlraci%C059-22-Stripe Rite. Ine.docx Page 3 of 30 Page 167 of 317 `Back to Agenda d) Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. c) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non-discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not Iimited to: 1. withholding payments to the Contractor under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. f) Incorporation of Provisions: The Contractor will include the provisions of paragraphs 9.a through 9.f in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. 10. Public Records Act Chapter 42.56 RCW. Contractor understands that her/his bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. 11. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two-year warranty bond in the amou of twenty percent (20%) of the contract price a form and amount acceptable to the City. The ntractor shall correct all defects in workmanship and materials within two a)lyear% fro date of the City's acceptance of the Contract work, including replacing vegetation t ils to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:,6_StmetsVF_RCpair&Maintenancc%PovcmentMarkingslStripingQ022 SlripinglConlrnct%C059-22- Stripe Rite. Inc.docx Page 4 of 30 Page 168 of 317 Back to Agenda Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 12. Indemnification. Contractor 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 attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 13. Miscellaneous Provisions. a) Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. b) Resolution of'Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, City of Pori Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Rev. 113DR 4-2022 Small Works Contract No. C059-22 U:lb_Stm tslF_Repair&MaintcnnncclPavententMarkingslStripingIO22 StripingTvnlrect1C059-22- Stripe Ritc. lne.docx Pagc 5 of 30 Page 169 of 317 Back to Agenda nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. c) Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. d) Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. e) Modification. No waiver, alteration, or 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 Contractor. f) Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. g) Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. h) Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement. IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed on the date first written above. CITY OF PORT ORCHARD Robert Putaansuu, Mayor CONTRACTOR Stripe Rite, i By City oj'Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Small Works Contract No. C059-22 U:16_Sircels1F_Repair&MainlenanceTavanenlMarking%lSlriping12022 SlripingTommaT059-22- Stripe Rile, [nc.docx Page 6 of 30 Page 170 of 317 Rev. iBDR 4-2022 Back to Agenda ATTEST/AUTHENTICATE: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Rev. 1BDR 4-2022 Small Works Contract No. C059-22 U:',h_StrectalF_Rcpair&MaintenancclpavementMarkingsLStripingt022 Stripin9\Con1m&C059-22- Stripe Rite. ]ge.doca Page 7 of 30 Page 171 of 317 [Back to Agenda CERTIFICATE AS TO CORPORATE PRINCIPAL I, Justin Williams (Car orate Officer (Nat C t t S' certify that I am the _ corporation named Steven Bateman p on rac tgner)) Public Works Estimator (Corporate Title) of the as the of the Contractor, was then Contractor in the Agreement attached hereto; that (Contract Signer) who signed said Agreement on behalf President (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers. Corporate Corp. officer signature (not contract signer) Justin Williams Printed Public Works Estimator Title State of WA. ss County of PIERCE Justin Williams , (corporate officer (Mot contract signer)) being duly sworn, deposes and says that he/she is Public Works Estimator (Corporate Title) of Stripe Rite , Inc. (Name of Corporation) Subscribed and sworn to before me this 11 th day of May , 2022 Notary P lic ignature) Kathryn Arrowood Van Court Notary Public (Print) My commission expires 10/29/2024 Ciry of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Small Works Contract No. C059-22 U:%6_S1rcctsT_RcpnirRMaintcnancc',PavcmcntMarkings'Striping12022 Slripink,Conlm&C059-22- Stripc Rite, Inc.tlocx Page 8 of 30 Page 172 of 317 Rev. IBDR 4-2022 Back to Agenda CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2022 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. L BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities, and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term "City" means fort Orchard, Washington, "successful bidder" means the apparent lowest and best responsible bidder to whom an award is made, and "Contractor" means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. "Bidder" means the person, firm or corporation that has made an offer in response to the invitation to bid. "Work" means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, and services provided or to be provided by the Contractor to fulfill the Contractor's obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:16_Strccts\P_Rcpeir&MainLcnancepnvcmcntMurkings'wStriping12022 StripinglContma\C059-22- Stripe Rite, Inc.dmx Page 9 of 30 Page 173 of 317 [Back to Agenda 5. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall submit -- on behalf of itself and each and every Sub -Contractor — a "Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of Labor and Industries (See link below.) Following the final acceptance of the project, the Contractor must submit -- on behalf of itself and every Sub -Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to http://www.Ini.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp for Washington State Prevailing Wage rates. 6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled "Insurance Requirements." 7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 8. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 9. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. 11. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 12. CONTRACT: The Contract Documents ("Contract"), when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City's prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. City of Port Orchard and Stripe Rite, Inc. Puhlic Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:%6_StrCC1Sip_Rcpair&Maintcnance',PavcmcnlMarRingsl.Siriping'Q022 5triping\Cuntmct1C059-22- Siripc RiLC, Inc.docK Page 10 of 30 Page 174 of 317 Back to Agenda 13. CHANGES: The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. if the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section 13 entitled, "Claims," below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect, and consequential costs, including costs of delays related to any work, either covered or affected by the change. 14. CLAIMS: If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2022-010 Rev. 113DR 4-2022 Small Works Contract No. C059-22 U:lfi_Str tilF_Repair&MaintenaneclpavcnientMarkings\Striping12022 StripingTontmet1C059-22-SLApe Rile, lne.doca Page I I of 30 Page 175 of 317 `Back to Agenda 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). 15. LIMITATION OF ACTIONS: CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. 16. WORK PERFORMED AT CONTRACTOR'S RISK: Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. 17. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state, or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability, or damage, including reasonable attorney's fees, by reason of successful bidder's violation of this paragraph. 18. EMPLOYMENT OF STATE RETIREES: The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), City oj'Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Rev, IBDR 4-2022 Small Works Contract No, C059-22 U:16-StroctslF_Rcpair&MaimcnancelPavcmcmMark ings5Slriping12022 StripingTonlracW09-22-Stripc Rim, Inc.docn Page 12 of 30 Page 176 of 317 `Back to Agenda or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant Iiability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. 19. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume Iiability for any and all damages, including the excess of re -procuring similar products or services; 3) for convenience of the City; or 4) by the City for non -appropriation of funds. a) Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. b) Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. c) Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2022-010 Rev. [BDR 4-2022 Small Works Conti -act No. C059-22 U:�6_Streci.,\ Rcpair&MaintenancelPavcmenlMarkingslStriping'@022 StripinglContmcl%CO59 22- Stripe Rite, Inc.docn Page 13 of 30 Page 177 of 317 Back to Agenda 20. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, notwithstanding any previous custom, practice, or course of dealing to the contrary. 21. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 22. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a "Notice of Dispute"). The Notice of Dispute shall include a statement of such party's position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services ("JAMS") in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:%6_Strects,f_Rcpair&Maintenance',PavcmcnIM3rkings',Slripingl2022 StripinglCnnlrac15C059.22- Stripe RIIC, Inc.dacx Page 14 of 30 Page 178 of 317 Attachment CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Back to Agenda Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10-+01 0�_ and Additional Insured -Completed Operations endorsement CG 20 37 -t @ 0 or su itute endorsements providing equivalent coverage. 113 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings, and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-0I0 Rev. IHDR 4-2022 Small Works Contract No. C059-22 U:16_Strc ts\F _Repair&Maintcnancc\Pavcmcnt MarkingslStripingl2022 StripinglCantract1C059-22- Stnpe Ritc. Inc,dncx Page 15 of 30 Page 179 of 317 `Back to Agenda increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Employer's Liability insurance limit of $1,000,000 each accident, Employer's Liability Disease each employee $1,000,000 and Employer's Liability Disease — Policy limit $1, 000.000. Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits: • Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000.000 per accident. + Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. • Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. • Workers' Compensation insurance as required by the State of Washington. + Employer's Liability insurance with Washington Stop Gap Employers' Liability minimum limits of $1,000,000 each accident, $1,000,000 disease - each employee, $1,000,000 disease - policy limit. The City will not be responsible for payment of industrial insurance premiums or for any other claim or benefit for this Contractor or any sub -Contractor or employee of the Contractor which might arise under the industrial insurance laws during the performance of duties and services under this contract. If the Department of Labor and Industries, upon audit, determines that industrial insurance payments are due and owing as a result of work performed under this contract, those payments shall be made by the Contractor; the Contractor shall indemnify the City and guarantee payment of such amounts. Public Entity Full Availabilfty of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:\6_StrcclslF-Rcpair&MaintcnancelPavenrcntMarkings,5lripingl2022 1,tripin9lC0ntr3c1\C059-22- Stripe Rite, Inc,docx Page 16 of 30 Page 180 of 317 Back to Agenda • The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. • If any coverage is written on a "claims made" basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period shall be provided to the City. Contractor's Insurance for Other Losses The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub -subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor's insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptabilfty of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. Verification of Covera e. The Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms, and endorsements related to this project. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 for ongoing operations and CG 20 37 for completed operations. 04113 ,. ,/� Notice of Cancellation. The Contractor's insurance shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been provided to the City. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2022-010 Rev. IHDR 4-2022 Small Works Contract No. C059-22 UP,6_StrectslF_Repair&Maintenance,PavementMarkingelSlriping'3622 Striping'Contract\C059-22- Stripe Rite. IncAm Page 17 of 30 Page 181 of 317 Back to Agenda Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days' notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. City of Port Orchard and Stripe Rite, Inc. Puhlic Works Project No. PW2022-010 Rev. [DDR 4-2022 Small Works Contract No. C059-22 U:16_Streets\F_Repair&MnlntenaRCe\PavamcntMarkingslStripingQD22 SlripingTontrnet\C059-22- Stripe Rite, Inc.docs Page 18 of 30 Page 182 of 317 Back to Agenda CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE BOND OR ADDITIONAL RETAINAGE (APPLICABLE TO CONTRACTS OF $150,000 OR LESS —RCW 39.08.010) Note 1: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. Note 2: Regardless of choice under Section 2 of this form, the Contractor will be required to provide a warranty/maintenance bond effective at project close out prior to either release of the performance bond or release of the 10% retainage. 1. The Contractor shall provide 5% retainage, pursuant to RCW 60.28.011(1)(a). 2. The Contractor elects to (select one): (I) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. X (2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Co ctor fu Is the said obligations. Steven Bateman 1 President Contractor Signature, Dale Bond No. City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:16 StrectslF_Rcpair&Muintcnancc%PavemcntMarkingslStriping�2022 SlripinglContract1C059-22- Stripe Rite, rnc.deca Page 19 of 30 Page 183 of 317 Back to Agenda PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD 2022 CITY OF PORT ORCHARD ROAD STRIPING CONTRACT NO. C059-22 Bond to City of Port Orchard, Washington Bond No. We, , and (Principal) (Surety) a Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Dollars ($ , the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated , 20, between Principal and Owner for a project entitled 2022 City of Port Orchard Road Striping Contract No. C059-22 ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal, its heirs, executors, administrators, successors, or assigns: • Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; • Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; • Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and • Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: • Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:16_Strcctslf_Rcpair&MainlcnancclPavententMarking&\Striping12022 StripingTonimcAC054-22- Stripc Ritc, Inc.doca Page 20 of 30 Page 184 of 317 Back to Agenda • Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney's fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of , 20 Principal Signature of Authorized Official By Printed Name and Title Name and address of local office of Agent and/or Surety Company: Surety Signature of Authorized Official By Attorney in Fact (Attach Power of Attorney) Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications, City of Port Orchard and Stripe Rite, Inc. Puhlic Works Project No. PW2022-010 Small Works Contract No. C059-22 U[�6_StreclslF_Rcpoir&Mainlcnancc;PavenienlMarkings\Slriping\2022 StripinglContrsc8C059-22- Stripe Rite, Inc.d*CX Page 21 of 30 Page 185 of 317 Rev. 113DR 4-2022 Back to Agenda ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF Washington } COUNTY OF Pierce } On this 11th day of May , 2022 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Steven Bateman , to me known to be the (check one of the following boxes): 0 President corporation, partnership, ❑ individual, of —Stripe Rite, Inc. , the of the that executed the foregoing instrument to be the free and voluntary act and deed of said 2 corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on oath stated that ® he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. ARR0[y�` �P _-�M1SStp41 �o ° r'Qq q 'J6 m GBLIG = Y I !! 0h,� 29_2A`�, ' l tttt; IVASHINAG Notary Seal with Ink Stamp Dated: 5/11 /22 Kathryn Arrowood Van Court Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: Sumner, Wa. My Commission expires - City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Small Works Contract No. C059-22 U:%6—Strccis,P Repair&Maintenance\PavcmeniMarkings\Striping52022 Striping'ContractW059-22- Stripe Rite, Inc.do x Page 22 of 30 Page 186 of 317 10/29/2024 Rev, 11313114-2022 SURETY ACKNOWLEDGEMENT STATE OF )Ss. COUNTY OF Back to Agenda On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that ❑ he ❑ she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Dated: Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at: Notary Seal with Ink Stamp My Commission expires: City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-0I0 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:\6_Strects%F_.Repair&Mnintenaace%PavemcnlMarkingslStriping'Q022 StripingTontractlC059-22- Stripe Rite, Inc.docx Page 23 of 30 Page 187 of 317 Back to Agenda CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND ---WA I V E D (Note: Before the Performance Bond (or the 10 percent Retainage if selected by Contractor) can be released, the City must receive the two years Maintenance/Warranty Bond) PROJECT #, PERMIT PW2022-010 CONTRACT # C059-22 SURETY BOND #: DATE POSTED: EXPIRATION DATE: RE: Project Name: 2022 City Road Striping Owner/Developer/Contractor: Project Address: City of Port Orchard streets KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% Total Contract Amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) City of'Port Orchard and Stripe Rite, Inc Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:16-Streets\F_Rcpair&Maintenance)PovemcntMorkingsStriping12022 Slriping"ContmaT059.22- Stripe Rite. Inc docx Page 24 of 30 Page 188 of 317 Back to Agenda B. The Principal and Surety agree that the work and improvements installed in the above - referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed, and shall leave the same in as good condition as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twentyy- (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection 1)(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to City of Port Orchard and Stripe Rite, Inc. Public Works Project No, PW2022-010 Rev. [BDR 4-2022 Small Works Contract No. C059-22 Ur,6_Stn lslF_Rcpair&Maintenancd,PavcmcnlMorkings\Slriping'�2022 StripinglContmct1C059-22- Siripc Rilc, Inc.doca Page 25 of 30 Page 189 of 317 Back to Agenda repair or maintain such improvements. E. Corrections. Any corrections required by the City shall be commenced within ten (l 0) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. 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 bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of , 20 . SURETY COMPANY DEVELOPER/OWNER (Signature must be notarized) (Signature must be notarized) By: Its Business Name: Business Address: City/State/Zip Code: Telephone Number: CITY OF PORT ORCHARD By Its Business Name: Business Address: City/State/Zip Code: Telephone Number: City of Port Orchard and Stripe Rite, Inc. Public Works Project No. PW2022-010 Small Works Contract No. C059-22 U;%-Sheets\F_Rcpair&MaintcnencclpnvenrcntMarhings?Striping12022 Striping%Comrect10059-22- Stripe Rite, Inc.docx Page 26 of 30 Page 190 of 317 Rev. IBDR 4-2022 Back to Agenda By: Date: Its Public Works Director/City Engineer CHECK FOR ATTACHED NOTARY SIGNATURE Individual (Form P-!) Corporation (Form P-2) Surety Company (Form P-2) FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: City of Port Orchard and Stripe Rite, Inc. (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Public Works Project No. PW2022-010 Rev. [SDR 4-2022 Small Works Contract No. C059-22 U:%6-SvectslF,_Repair&Maintcnancc%PavcmentMarkingslStriping\2022 Striping%ConlractT059-22• Stripe Rite. lne.docx Page 27 of 30 Page 191 of 317 Back to Agenda FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON } ss. COUNTY OF ) I certify that I know or have satisfactory evidence that _ is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. City of Port Orchard and Stripe Rite, Inc Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U;16—StreelsiF_Rcpair&MaintenanceipavcmentMarkiggsiSlriping',2022 Striping,Conlm &C059-22-Stripc Rile. Inc.deca Page 28 of 30 Page 192 of 317 Back to Agenda (Surety Company) STATE OF WASHINGTON ) } ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: City of Port Orchard and Stripe Rite, Inc Public Works Project No. PW2022-010 Rev. IBDR 4-2022 Small Works Contract No. C059-22 U:\4_SlrcetslP_Rcpair&MainlcnanccSPavctncntMarkingsStriping12022 SlripinglConl acl1C059-22- Stripe Rile. Inc,tlocn Page 29 of 30 Page 193 of 317 Back to Agenda APPENDIX A During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to the following 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 Stripe Rite, Inc. Public Works Project No. PW2022-010 Rev. [BDR 4-2022 Small Works Contract No. C059-22 U:16_Streets\F_Rcpair&MaintenancelPavcntenlMarkingslStriping52022 StripinglCamrae6C059-22- Siripc Rite, Inc.docx Page 30 of 30 Page 194 of 317 SCHEDULE OF CONTRACT PRICE�Back to Agenda 2022 CITY OF PORT ORCHARD ROAD STRIPING NOTE: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. Item # Description of Work Estimated Unit Unit Bid Price Total Item#t Quantity Amount 1 Mobilization 1 LS 1,500.00 1,500.00 2 SPCC Plan 1 LS 888.00 $88.00 3 Temporary Traffic Control 1 LS 3,450.00 3,450.00 4 4" Skip Stripe- White 24,847 LF 0,09 2,236.23 5 4" Road Edge- White 170,542 LF 0.14 23,875.88 6 8" Road Edge- White 31,843 LF 0.19 6,050.17 7 8" Turn Pocket- White 11,150 LF 0.19 2,118.50 8 4" Skip Stripe- Yellow 16,884 LF 0.09 1,519.56 9 4" Double Solid- Yellow 118,598 LF 0.15 17,789,70 10 4" Skip/Single Solid- Yellow 39,338 LF 0.14 5,507.32 11 Minor Change 5,000 LS $1.00 $5,000.00 Total Bid: $ 69,935.36 SALES TAX In accordance with Section 1-07.2(1) and DOR Rule 171, State Sales Tax: Work performed on City, County, or Federally -owned land, the Contractor shall include Washington State retail sales taxes IN the various unit bid prices or other amounts. These retail sales taxes shall include those the Contractor pays on purchases of materials, equipment, and supplies used or consumed in doing the work. Page 195 of 317 ;0 4 a Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8F Adoption of a Resolution Granting Final Plat Approval for McCormick West Division 12, Phase 1 Back to Agenda Meeting Date: Prepared by: May 24, 2022 Nick Bond, AICP DCD Director Atty Routing No.: N/A Atty Review Date: N/A Summary: On April 5, 2022, McCormick Development Corporation submitted an application for final plat approval for Division 12, Phase 1 of the McCormick West subdivision project. The Kitsap County Hearing Examiner granted preliminary plat approval with conditions on May 30, 2008. Pursuant to WAC 197-11-630 and 965, Kitsap County issued a Notice of Adoption of Existing Environmental Documents for this proposal. The McCormick West proposal was included with a group of projects known as the McCormick Urban Village under the South Kitsap Urban Growth Area / ULID #6 Supplemental Environmental Impact Statement (EIS). The ULID #6 DSEIS was issued October 26, 2001 and the ULID #6 FSEIS was issued January 9, 2002. The applicant for final plat submitted a request for an administrative minor plat amendment from the City of Port Orchard which was approved on February 12, 2021. The final plat for Division 12, Phase 1 of the McCormick West subdivision creates 48 single-family residential lots and 3 tracts for open space. 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 West, Division 12, Phase 1. Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for McCormick West, Division 12, Phase 1. 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, Bill of Sale, Performance Bond for certain civil improvements, and Landscaping Performance Bond. Page 196 of 317 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 48-LOT AND 3-TRACT PLAT KNOWN AS MCCORMICK WEST DIVISION 12 PHASE 1 WHEREAS, McCormick Development Corporation and West X SW Investment Holdings LLC (hereinafter "Applicant"), has submitted an application for final plat approval of the project known as McCormick West, Division 12, Phase 1 on undeveloped property located in the City of Port Orchard (hereinafter "the Property'); and WHEREAS, in 2008, the Applicant received preliminary plat approval from the Kitsap County Hearing Examiner for a master planned subdivision of 606 acres into as many as 1,545 single-family residential lots known as McCormick West Preliminary Plat (Kitsap County file #05 30003); and WHEREAS, on April 5, 2022, application was submitted for the final plat of Division 12 Phase 1 of the McCormick West preliminary plat to include 48 single-family residential lots and 3 tracts; and WHEREAS, the Property is subject to a Development Agreement vesting the property to certain development standards, recorded on December 19, 2011; and WHEREAS, the Property is subject to a Development Agreement for traffic, recorded on October 21, 2005 as modified and recorded on February 19, 2021; and WHEREAS, on February 12, 2021, the City of Port Orchard Development Director approved a Minor Plat Amendment to the McCormick West preliminary plat; and WHEREAS, City staff have reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in place to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded, and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the Applicant has secured bonds guaranteeing completion of certain improvements required by the Preliminary Plat Approval; and Page 197 of 317 Back to Agenda \10- vage 2 of 2 WHEREAS, the City Council finds that the McCormick West Division 12 Phase 1 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 West Division 12 Phase 1 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 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 West Division 12 Phase 1, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The McCormick West Division 12 Phase 1 subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 24t" day of May 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 198 of 317 Back to Agenda MCCORMICK WEST DIVISION 12, A PORTION OF THE NW 1/4 OF THE SE 1/4 SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON DEDICATION APPROVALS KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN THE FEE SIMPLE OR CONTRACT PURCHASER AND MORTGAGE HOLDER OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES SHOWN THEREON AND USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON. THE UNDERSIGNED OWNERS HEREBY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID ROAD. THIS SUBDIVISION HAS BEEN MADE WITH OUR FEE CONSENT AND IN ACCORDANCE WITH OUR DESIRES. ALL WATER MAINS AND APPURTENANCES LOCATE WITHIN PUBLIC RIGHT-OF-WAYS OR WITHIN EASEMENTS DEDICATED TO THE CITY OF PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF PORT ORCHARD. ALL SANITARY SEWER MAINS, STORM DRAINAGE MAINS AND APPURTENANCES LOCATE WITHIN PUBLIC RIGHT-OF-WAYS OR WITHIN EASEMENTS DEDICATED TO THE CITY OF PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF PORT ORCHARD. THE UNDERSIGNED OWNER OR 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 WEST DIVISION 12 PHASE 1 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 ______ RECORDED UNDER KITSAP COUNTY AUDITORS FILE NOS. DATED THIS DAY OF 20 MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION JAMES N. TOSTI, AUTHORIZED SIGNATORY ACKNOWLEDGMENTS STATE OF WASHINGTON ) )SS COUNTY OF ___ ) ON THIS __ DAY OF 20 BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON, DULY COMMISSIONED AND SWORN, PERSONALLY APPEARED JAMES N. TOSTI TO ME PERSONALLY KNOWN (OR PROVEN ON THE BASIS OF SATISFACTORY EVIDENCE) TO BE THE AUTHORIZED SIGNATORY OF MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION, THE CORPORATION AND 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 THE 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 AND COMPANY. WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT MY COMMISSION EXPIRES PRINT NOTARY NAME SURVEYOR'S ACKNOWLEDGMENT STATE OF WASHINGTON ) )SS COUNTY OF ___ ) ON THIS __ DAY OF 20 BEFORE ME, GLENN R. SPRAGUE, PERSONALLY APPEARED, PROVED TO ME TO BE THE INDIVIDUAL DESCRIBED IN AND WHO EXECUTED THE WITH AND FORGOING INSTRUMENT, AND ACKNOWLEDGED THAT HE SIGNED THE SAME AS HIS FREE AND VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED. WITNESS MY HAND AND SEAL HERETO AFFIXED THE DAY AND YEAR IN THIS CERTIFICATE ABOVE WRITTEN. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT MY COMMISSION EXPIRES PRINT NOTARY NAME 3 PUGET SOUND SINCLAIR INLET 16 a H �a N V� E N E' W OLD CUFTON R ti z SITE 3 5 �WOODS o v VICINITY MAP 1" = 4,000' SITE INDEX NW 1/4 OF THE SE 1/4, SEC. 8, TWP. 23N, RGE. 1E, W.M. CITY ENGINEERS APPROVAL PHASE1 SHEET 1 OF 5 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 BY ME THIS _ DAY OF � 20_. CITY ENGINEER 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 _ DAY OF , 20_. COMMUNITY DEVELOPMENT DIRECTOR CITY COUNCIL APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD. THIS _ DAY OF 20_. 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. EXAMINED AND APPROVED THIS _ DAY OF , 20_. FINANCE DIRECTOR COUNTY TREASURER DATE 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 , 20_. COUNTY TREASURER COUNTY AUDITOR FILED AT THE REQUEST OF GLENN R. SPRAGUE, P.L.S, THIS DAY OF ,_ 20_, AND RECORDED IN VOLUME __ OF , PAGE(S) , RECORDS OF KITSAP COUNTY, WASHINGTON. AUDITOR'S FILE NUMBER KITSAP COUNTY AUDITOR SURVEYOR CERTIFICATE THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF MCCORMICK DEVELOPMENT CORPORATION, A WASHINGTON CORPORATION, IN ____ 2022. 1 HEREBY CERTIFY THAT THIS MAP FOR MCCORMICK WEST DIVISION 12 PHASE 1, A PLAT COMMUNITY, 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; AND TO THE EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN ON THE MAP. GLENN R. SPRAGUE DATE CERTIFICATE NUMBER 41299 fly R SP�� �v of was�,iy'�' a• o: .m x. d; "r •x oJAW roNAL LA0�' 'ConCIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING 1#zm� DESIGN SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 199 of 317 LU22-Plat Final-02 Back to Agenda MCCORMICK WEST DIVISION 129 A PORTION OF THE NW 1/4 OF THE SE 1/4 SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON LEGAL DESCRIPTION EASEMENT PROVISIONS THE LAND IN THE CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: TRACT 1E, MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON RESTRICTIONS OF RECORD 1. THIS SITE IS SUBJECT TO THE COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS AND ASSESSMENTS; BUT DELETING ANY COVENANT, CONDITION OR RESTRICTION INDICATING A PREFERENCE, LIMITATION OR DISCRIMINATION BASED ON RACE, COLOR, RELIGION, SEX, HANDICAP, FAMILY STATUS, OR NATIONAL ORIGIN TO THE EXTENT SUCH COVENANTS, CONDITIONS OR RESTRICTIONS VIOLATE TITLE 42, SECTION 3604(C), OF THE UNITED STATES CODE RECORDED UNDER RECORDING NUMBER 202006240286. SAID DOCUMENT SUPERSEDES AND REPLACES ALL PREVIOUSLY RECORDED DECLARATIONS FOR MCCORMICK WOODS PUD. AMENDMENT(S) AND/OR MODIFICATION(S) OF SAID COVENANTS RECORDED RECORDING NUMBERS 202102170330 AND 202109070143. 2. THIS SITE IS SUBJECT TO PROVISIONS OF THE ARTICLES OF INCORPORATION AND BY-LAWS OF THE MCCORMICK WOODS ASSOCIATION AND ANY TAX, FEE, ASSESSMENTS OR CHARGES AS MAY BE LEVIED BY SAID ASSOCIATION. 3. THIS SITE IS SUBJECT TO AN ANNEXATION AGREEMENT/DEVELOPMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED UNDER RECORDING NUMBER 201112190136. 4. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED "ASSIGNMENT OF AGREEMENTS, EASEMENTS, COVENANTS AND RECORDED INTERESTS IN PROPERTY" RECORDED UNDER RECORDING NUMBER 201512310228. 5. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED 'DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD AND MCCORMICK FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS" RECORDED UNDER RECORDING NUMBER 202102190203. 6. THIS SITE IS SUBJECT TO THE TERMS AND PROVISIONS CONTAINED IN THE DOCUMENT ENTITLED 'DECLARATION OF COVENANT ASSOCIATED WITH PERFORMANCE OF SITE STABILIZATION AND EROSION AND SEDIMENTATION CONTROL" RECORDED UNDER RECORDING NUMBER 202103040174. 7. THIS SITE IS SUBJECT TO ANY AND ALL OFFERS OF DEDICATIONS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES AND/OR PROVISIONS SHOWN OR DISCLOSED ON THE FACE OF THE PLAT OF MCCORMICK WEST DIVISION 11, RECORDED IN VOLUME 35 OF PLATS AT PAGE(S) 214 THROUGH 223, INCLUSIVE. SHOWN HEREON WHERE APPLICABLE. DEVELOPMENT ENGINEERING NOTES 1. NO DIRECT VEHICULAR ACCESS SHALL BE ALLOWED TO TELFORD WAY SW. 2. OWNERS OF RESIDENTIAL LOTS WITHIN THIS PLAT ARE RESTRICTED FROM OBSTRUCTING, DIVERTING, OR RECHANNELING STORMWATER FLOWS PRIOR TO REVIEW AND APPROVAL OF THE CITY OF PORT ORCHARD PUBLIC WORKS. 3. PURSUANT TO POMC CHAPTER 16.50, PRIOR TO ISSUANCE OF BUILDING PERMITS FOR RESIDENTIAL DWELLING UNITS, SCHOOL IMPACT FEES SHALL BE PAID. MAINTENANCE COVENANTS PROPERTY OWNERS SHALL BE THE RESPONSIBLE FOR THE MAINTENANCE OF ALL LANDSCAPING WITHIN THE EXISTING AND PROPOSED RIGHT-OF-WAY INCLUDING ANY STRUCTURES OTHER THAN ROADWAY, STORM DRAINAGE FACILITIES, AND TRAFFIC SIGNAGE. MAINTENANCE SHALL INCLUDE, BUT NOT BE LIMITED TO, MOWING OF LAWN AREAS. TRACT NOTES 1. TRACTS 12-1A, 12-1B, AND 12-1C ARE OPEN SPACE TRACTS. SAID TRACTS SHALL BE OWNED AND MAINTAINED BY MCCORMICK WOODS HOMEOWNERS ASSOCIATION. LOT/HOUSE NUMBER DESIGNATION TABLES LOT HOUSE NUMBER 60 5751 GREAT GLEN ROAD SW 61 5771 GREAT GLEN ROAD SW 62 5791 GREAT GLEN ROAD SW 63 5801 GREAT GLEN ROAD SW 64 5821 GREAT GLEN ROAD SW 65 5841 GREAT GLEN ROAD SW 66 5861 GREAT GLEN ROAD SW 67 5881 GREAT GLEN ROAD SW 68 5901 GREAT GLEN ROAD SW 69 5921 GREAT GLEN ROAD SW 70 5941 GREAT GLEN ROAD SW 71 3796 SW BIGLER WAY 72 3816 SW BIGLER WAY 73 3826 SW BIGLER WAY 74 3836 SW BIGLER WAY 75 3846 SW BIGLER WAY 76 3847 SW BIGLER WAY 77 3837 SW BIGLER WAY 78 3827 SW BIGLER WAY 79 3817 SW BIGLER WAY 80 3813 SW BIGLER WAY 81 3795 SW BIGLER WAY 82 3796 SW SYLVIA COURT 83 3802 SW SYLVIA COURT 84 3812 SW SYLVIA COURT 85 3822 SW SYLVIA COURT LOT HOUSE NUMBER 86 3832 SW SYLVIA COURT 87 3842 SW SYLVIA COURT 88 3843 SW SYLVIA COURT 89 3833 SW SYLVIA COURT 90 3823 SW SYLVIA COURT 91 3813 SW SYLVIA COURT 92 3803 SW SYLVIA COURT 93 3797 SW SYLVIA COURT 168 6001 GREAT GLEN ROAD SW 169 6009 GREAT GLEN ROAD SW 170 6019 GREAT GLEN ROAD SW 223 3798 SW SUNNYSIDE STREET 224 3808 SW SUNNYSIDE STREET 225 3818 SW SUNNYSIDE STREET 226 3828 SW SUNNYSIDE STREET 227 3838 SW SUNNYSIDE STREET 228 3840 SW SUNNYSIDE STREET 229 3849 SW SUNNYSIDE STREET 230 3839 SW SUNNYSIDE STREET 231 3825 SW SUNNYSIDE STREET 232 3800 SW SUNNYSIDE STREET 233 3799 SW SUNNYSIDE STREET PHASE1 SHEET 2 OF 5 AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO PUGET SOUND ENERGY, CASCADE NATURAL GAS, WAVE BROADBAND, CENTURYLINK, EARTHLINK AND ANY CABLE TELEVISION COMPANY, KITSAP COUNTY, CITY OF PORT ORCHARD, ANY OTHER PUBLIC OR PRIVATE UTILITY AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS UNDER AND UPON ALL PROPERTY ABUTTING PRIVATE OR PUBLIC ROADWAYS WITHIN THE PLAT, AS DEPICTED HEREON; IN WHICH TO INSTALL, LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPES, CONDUITS, CABLES AND WIRES WITH NECESSARY FACILITIES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, SANITARY SEWER, WATER, CABLE TELEVISION SERVICE AND OTHER UTILITY SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE STREETS, LOTS, TRACTS AND SPACES AT ALL TIMES FOR THE PURPOSES STATED. ALL PERMANENT UTILITY SERVICES SHALL BE PROVIDED BY UNDERGROUND SERVICE EXCLUSIVELY. THE LOCATION AND DIMENSIONS OF THESE UTILITY EASEMENTS ARE SHOWN ON THE FACE OF THIS PLAT AND LABELED P.U.E. (PUBLIC UTILITY EASEMENT) 2. A PRIVATE WALL AND STORM DRAINAGE EASEMENT (S.D.W.E) SHOWN HEREON OVER LOTS 60 THROUGH 65, 71 THROUGH 87, 90 THROUGH 93, IS HEREBY DEDICATED TO SAID LOT OWNERS. SAID LOT OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIR, AND RECONSTRUCTION OF THEIR PORTION OF THE WALLS AND DRAINAGE FACILITIES WITHIN SAID EASEMENT AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE. 3. A 10' PRIVATE STORM DRAIN EASEMENT (S.D.E) IS HEREBY DEDICATED OVER, UNDER AND UPON THE BURDENED/BENEFITED LOTS SHOWN ON SHEETS 4 AND 5. SAID PRIVATE STORM DRAIN EASEMENT IS FOR THE PURPOSE OF INSTALLING AND MAINTAINING PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENT. THE LOT OWNERS SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THEIR PRIVATE DRAINAGE FACILITIES WITHIN SAID EASEMENTS AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE. THE BURDEN/BENEFITED LOTS ARE: 67/66 & 68, 70/69, 71-74/72-75, 77-81/76-80, 82-85/83-86, 89-93/88-92, 169/168 & 170, 223-227/224-228, 230-233/229-233. PUBLIC PEDESTRIAN ACCESS EASEMENT (P. P.A. E) PROVISION THIS PLAT IS SUBJECT TO A PUBLIC PEDESTRIAN ACCESS EASEMENT (P.P.A.E) SHOWN HEREON OVER LOTS 81 AND 233. SAID PUBLIC PEDESTRIAN ACCESS EASEMENT IS FOR THE PURPOSE OF ACCESSING MAIL BOX/KIOSK WITHIN SAID EASEMENT. THE MCCORMICK WOODS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF THE MAIL BOX/KIOSK FACILITIES WITHIN SAID EASEMENTS AND SHALL HAVE A RIGHT OF ENTRY FOR THIS PURPOSE. PLAT NOTES 1. ALL EXTERIOR DIVISION 12 PHASE 1 PLAT CORNERS, INTERIOR REAR LOT CORNERS AND THOSE MARKED BY A REBAR SYMBOL HEREON ARE MARKED WITH A 1/2" REBAR WITH YELLOW PLASTIC CAP, STAMPED CORE 41299, UNLESS NOTED OTHERWISE. FRONT LOT CORNERS FOR LOTS IN DIVISION 12 PHASE 1 ARE MARKED WITH A ROCK NAIL AND FLASHER, STAMPED CORE 41299, SET IN THE CURB LINE AND OFFSET ALONG THE LOT LINE PROJECTED FROM THE FRONT LOT CORNER TOWARDS THE ADJACENT ROAD A DISTANCE OF 6.20 FEET UNLESS OTHERWISE NOTED IN THE LOT CORNER OFFSET TABLE. (SEE BELOW) 2. THE ENTIRETY OF THE MCCORMICK WEST DIVISION 12 PHASE 1 PROJECT IS BEING DONE UNDER THE DIRECT SUPERVISION OF GLENN R. SPRAGUE, LS#41299. THE PROPERTY CORNER STAKING, INCLUDING THE OFFSET FRONT AND REAR LOT CORNERS, HAS BEEN DONE UNDER THE DIRECT SUPERVISION OF GLENN R. SPRAGUE, LS#41299. 3. THE MCCORMICK WOODS ASSOCIATION WAS ESTABLISHED ON JULY 21, 1986, CORPORATION NO. 2-376064-8. 4. A MINIMUM OF ONE TREE PER LOT SHALL BE INSTALLED WITHIN THE FRONT YARD OF EACH LOT PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY FOR THAT LOT. DECLARANT NOTE: THE HOMEBUILDER SHALL BE RESPONSIBLE FOR PLANTING THE TREE PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY. THE HOMEOWNER SHALL BE RESPONSIBLE FOR TREE MAINTENANCE AND REPLACEMENT IF NECESSARY. 5. IMPERVIOUS AREA PER LOT ACCOUNTED FOR IN THE OVERALL DRAINAGE FACILITIES INSTALLED SHALL BE INDICATED ON THE FACE OF THE FINAL PLAT. DECLARANT NOTE: THE MAXIMUM IMPERVIOUS AREA PER LOT SHALL BE 80 PERCENT OF THE LOT AREA OR 4,000, WHICHEVER IS LESS. [�l���i]��9:�l��Id�I����:ZiP■ `I►r��:TNI:�:Zi7:1�1.3iPil� LOT CORNER OFFSET TABLES LOTS FRONT LOT CORNER OFFSET DISTANCE 63 ] 64 5.90 64 / 65 6.30 TR / 76 7.00 86 ] 87 6.30 88 / 89 6.80 fly R Sp�9 :o 01. I 41299 �q •'q tOWAL LA�� LOTS REAR LOT CORNER OFFSET DISTANCE 60 / 61 5.00 61 / 62 5.00 62 / 63 5.00 63 ] 64 5.00 64 / 65 5.00 'COn DESIGN CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 200 of 317 LU22-Plat Final-02 Back to Agenda MCCORMICK WEST DIVISION 129 A PORTION OF THE NW 1/4 OF THE SE 1/4 SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON PHASE1 SHEET 3 OF 5 FOUND 4" BRASS DISK STAMPED N 1/4 CORNER SEC. 8, TWP. 23 N, RGE. 1 E, W.M., COUNTY ENGINEERING, 6 8 N88-35'11"W 2582.13 OLD CLIFTON ROAD IN CASE, DOWN 0.65', VISITED 2020-10-02 (P.O.C) N8T02'01'W 2638.80 FOUND 1" IRON PIPE ® 1696.65 942.15 THE NW CORNER SEC. 8, 8 9 TWP. 23 N, RGE. 1 E, ! N06'24'55"E W.M., 0.2' ABOVE GRADE, I RCE�°6Ng 264.74 FOUND WITNESS MARKER LABELED 8' S OF SITDEDE2020VE0 OD2 gLP PEN �2 CPC\ �PS� R=800.00 REBAR W/ OCAP EST STAMPED R" AND /ASPEN 4 Q ! MCC° o �p22G°2� A=10'05'31" tV CONTROL" AT NE CORNER SEC. 8, IPEN 202 L=140.91 � i VISITED32020-GE.10 �02, W.M., N16`30'26'E �► 347.24 R=667.00 A=50'57'41" C� 116 L=593.26 ARP N67'28'07"E Q ! R=850.00 173.59 V A=7'51'12" / 16.51 N5936'55"E PEN �o'31 R=667.00 115.59 A=54'07'49" N L=630.15 w ! a R=667.00 n \ A=15'35'30" N16'29'28"W L=181.51 P PQGE 2A \ 202.57 0A 0 PEN 2p7: R=789.00 A=40'55'16" I ! L=563.51 \ N24'2 '4800 i OR4\CK S� v°L 4CC 0\111 2kab6 CALCULATED W 1/4 CORNER PER ROS 9406230031 / P NOT VISITED CALCULATED E 1/4 QTR COR 7 8 SEE SHEETS 4 & 5 FOR NOT VISITED DATA SOUTHERLY AND `4 EASTERLY OF HERE 8 i 9 co 02 L1 i � iE L5 P PRCE Zh PCB �SSt y N135529'Eco mr'; . co SOg2 P�°°6I �°� �. - TRACT 1E ; R��P v°L21°�1� 4C�°ROv ��2Np2t�6 Q `o ; 403�550t SIF 00 7. z ! ES PEN Z° / PEN 2°22°� Q IL MC ORMICK DIVISION WEST L=78.0011 / M d- (O N w M 0 z ! ! FOUND 1" IRON PIPE 0 THE SW CORNER SEC. 8, TWP. 23 N, RGE. 1 E, W.M., VISITED 2020-12-16 7 8 17 i TRACT 1 LAND SEG AFN 200010310145 I SURVEY NOTES 1. ALL TITLE INFORMATION SHOWN ON THIS MAP HAS BEEN EXTRACTED FROM FIRST AMERICAN TITLE INSURANCE COMPANY, SUBDIVISION GUARANTEE NO. 5003353-0003286E, EFFECTIVE DATE FEBRUARY 25, 2022. IN PREPARING THIS MAP, CORE DESIGN, INC. HAS CONDUCTED NO INDEPENDENT TITLE SEARCH NOR IS CORE DESIGN, INC. AWARE OF ANY TITLE ISSUES AFFECTING THE SURVEYED PROPERTY OTHER THAN THOSE SHOWN ON THE MAP AND DISCLOSED BY THE REFERENCED GUARANTEE. CORE DESIGN, INC. HAS RELIED WHOLLY ON FIRST AMERICAN TITLE'S REPRESENTATIONS OF THE TITLE'S CONDITION TO PREPARE THIS SURVEY AND THEREFORE CORE DESIGN, INC. QUALIFIES THE MAP'S ACCURACY AND COMPLETENESS TO THAT EXTENT. 2. THIS IS A FIELD TRAVERSE SURVEY. A THREE SECOND COMBINED ELECTRONIC TOTAL STATION WAS USED TO MEASURE THE ANGULAR AND DISTANCE RELATIONSHIPS BETWEEN THE CONTROLLING MONUMENTATION AS SHOWN. CLOSURE RATIOS OF THE TRAVERSE MET OR EXCEEDED THOSE SPECIFIED IN WAC 332-130-090. ALL MEASURING INSTRUMENTS AND EQUIPMENT ARE MAINTAINED IN ADJUSTMENT ACCORDING TO MANUFACTURER'S SPECIFICATIONS. 3. ALL SURVEY CONTROL INDICATED AS "FOUND" WAS RECOVERED FOR THIS PROJECT IN FEBRUARY, 2022. 4. ALL DISTANCES ARE IN US FEET AT GROUND LEVEL. t AFN 202202240246- i �O ? C4 I i N2251'46'E� 294.13 ! R=200.00 LINE TABLE LINE # BEARING LENGTH L1 N24'25'48"E 27.65 L2 N24'25'48"E 104.00 L3 N65'34'12"W 241.27 L4 N7827'46"W 107.15 L5 N13'55'29"E 2.69 L6 N76'04'31"W 105.00 L7 N18'00'39"W 66.69 L8 N71'59'21"E 105.00 L9 N18'00'39"W 28.67 L10 N79'19'51"E 98.65 L11 N1113'34"E 105.00 L12 N78'46'26"W 4.99 - --L_L- -- �, 1=403225 ^r �' _I--1--'� '�\-� L=142.68 Zj L10 L9 / i NO6'00'56-W (R) ! R=347.00 1=1TI4'30' L=104.42 N78'46'26'W 198.87 �tPCQ�v 9 �PC�S� 4CC°R00 1 NC2t�° PEN IL 202 N FOUND 3" BRASS DISK 0 THE SE CORNER SEC. 8, TWP. 23 N, RGE. 1 E, W.M., EXISTING INGRESS, EGRESS & UTILITIES EASEMENT VISITED 2020-12-16 8 `C. N0. 200102090007 TRACT 3 17 N88'56'22"W 5212.56LAND SEG 16 AFN 200010310145 NOT VISITED 17 SCALE: 1" = 400' 0 200 400 800 P M w 6\P� 6° BASIS OF BEARINGS N87'02'01"W BETWEEN THE NORTH QUARTER CORNER AND THE NORTHEAST CORNER SECTION 8 PER BOUNDARY LINE ADJUSTMENT LU20-BLA-01 RECORDED UNDER AUDITOR'S FILE NUMBER 202103180067 RECORDS OF KITSAP COUNTY, WASHINGTON. REFERENCES 1. BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER 202103180067 RECORDS OF KITSAP COUNTY, WASHINGTON. 2. MCCORMICK WEST DIVISION 11, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 35 OF PLATS, PAGES 214 THROUGH 223, INCLUSIVE, RECORDS OF KITSAP COUNTY, WASHINGTON. fly P.Spz 4 CSv °F WAS a• :o 01. 41299 *AL LAO�� CURVE TABLE CURVE # RADIUS DELTA LENGTH C1 25.00 73'44'23" 32.18 C2 247.00 1315'48" 57.18 C3 25.00 1 9410'02" 41.09 C4 616.00 410'02" 44.80 C5 565.00 1312'14" 130.20 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING DESIGN SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 201 of 317 LU22-Plat Final-02 Back to Agenda MCCORMICK WEST DIVISION 129 A PORTION OF THE NW 1/4 OF THE SE 1/4 SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON A ^o SCALE: 1" = 40'CO 0 20 40 80 \ 2 \ l 19,Cv / ?N 99 ; v / FOUND 1/2" REBAR W/ v I / YELLOW PLASTIC CAP / / o ^ / STAMPED "CORE 41299% / / 98 15 �PCJ�LOP�S � v l .10 E 000 J NN ti4 p246 M FN Z�,�202 TRACT 124A OPEN SPACE / ; 9,866t SF :W ss ,., 9,834t SF 10' P.U.E c1s h 89 3 N ti 5,237t SF cp / 2 W 10' P.U.E 7,9 1�• 0 � 2 _ N24'25'48"E r ,�0 24.00 Ov M d �o \ A��o N6S34 ?"ly 19, f \ -� 2US4 83 51, \�� 0,���10' P.U.E Cd N 6,5582t SIF z 86 "W 8,096t SF a r 85 / � h 6,445t SF 10 P.U.E b__ / _04'- 5 10' S.D.W.E ��i 10' S.D.W.E / 11 2 1 if 1 77 78 79 LEGEND ® FOUND CITY OF PORT ORCHARD STANDARD MONUMENT W/ PUNCH & STAMPED "41299" ® SET CITY OF PORT ORCHARD STANDARD MONUMENT 0 FOUND 1/2" REBAR NTH YELLOW PLASTIC CAP STAMPED "CORE 41299" • SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" *0 SET 1/2" REBAR NTH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER, SEE REAR LOT CORNER OFFSET TABLE, SHEET 2 E.P EASEMENT PROVISION, SEE SHEET 2 P.U.E PUBLIC UTILITY EASEMENT, SEE E.P 1 S.D.E PRIVATE STORM DRAIN EASEMENT, SEE E.P 3 S.D.W.E PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P 2 P.P.A.E PUBLIC PEDESTRIAN ACCESS EASEMENT, SEE E.P R-O-W RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON RECORDING OF THIS PLAT 30568 � S i i \ SrRF LINE TABLE LINE # BEARING LENGTH L1 N70'03'57"E 10.00 L2 N44'21'24"W 10.00 L8 N68'40'29"W 47.14 L9 N68'40'29"W 14.45 L10 N8115'31"W 46.49 L11 N8115'31"W 51.93 L12 N80'26'51"W 10.80 L13 N78'46'26"W 39.84 L14 N78-46'26"W 60.16 PHASE 1 CURVE TABLE CURVE # RADIUS DELTA LENGTH C1 500.00 1'08'34" 9.97 C2 395.00 1'08'34" 7.88 C3 395.00 0'43'02" 4.94 C4 500.00 0'43'02" 6.26 C10 25.00 7518'04" 32.86 C11 353.00 2*22'14" 14.61 C12 394.00 5'1509" 1 36.12 C13 394.00 51509" 36.12 C14 25.00 72'56'33" 31.83 R=110.00 d,?9.42,04" L=57.02 t,68 K, c 431p3018" t, 39 N 0 e 7224 N76 p4 31 "W T /l C1 9794 ? 18 49.79 `r 8.49 57 �yl 31.21 a i 10' S.D.E � o 10' P.U.E 00 h SEE SHEET 5 /fly R SpR�\ �v� °F eAsx f�cp� :o 01. 4299 *AL SHEET 4 OF 5 CURVE TABLE CURVE # RADIUS DELTA LENGTH C15 50.00 49'34'53" 43.27 C16 C17 50.00 50.00 68'59'50" 86'07'41" 60.21 75.16 C18 60.00 1'09'40" 1.22 C19 C20 60.00 352.00 1610'49" 219'33" 16.94 14.29 C21 352.00 810'46" 50.25 C22 25.00 73'44'23" 32.18 POt � I MOK�`�SZ G00 00 2oZ2gp2h6 PFN � CIVIL ENGINEERING LANDSCAPE ARCHITECTURE 'Con PLANNING C�� DESIGN SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO_ 20197 Page 202of317 LU22-Plat Final-02 Back to Agenda MCCU'RMICK WEST DIVISION 12, PHASE I 1 A PORTION OF THE NW 1 /4 OF THE SE 1 /4 SECTION 8, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON 10' P.U.E 10' S.D.W.E - r 5' - 86 _ r r -� - 85 112-_J r 84 10 S.D.W.E 5' -.y� i 10' S.D.W.E SCALE: 1 �� - 40� // 10' S.D.W.E - �r r l 5,1 i�~ ---- L6____ '�/ < 83 rr i l Q, r r 0 20 40 80 / l I o I i 5 -- r^�� \�.( i i 10' P.U.E l 76 i r a 10' S.D.W.E -� ! 5' r i (�\ �� / ��/ / / 5,248t SF i •41 / a i �' /l / % > / 82 77 r •- / � 10' S.D.W.E ti/ / 10' S.D.W.E - \r r �6�0 / C9 r 5'250t SF ",,, / o l ,� i BQ 814 ' 78 / / o 5,444f SF i W i ~i �� 0 •o, 5'8 39 SF �/ xw i 10 S.D.W.E 10, P.U.E i l l / 80 i / -25 43.66 ` _ _ / 6'148t SF 0 _ _ l r _ o 3 00 00" 50.00 �' r i l rl ? r r ,c`O /N 51.00 �0 927 '� _ / r 10' S.D.E / r / 81 / rn-N 117,88 24.00 C8 / L 6,419t SF 6 N784 26" �/ /// j 0'00'00" 142.66 _'W�3 &6 C7 �� r 10' P.U.E �039.27 - - 4;105037" ` 10' X 8' P.P.A.E / Cg r s5.82 11766 SwB7GLE1� {�, 9.33 - C37 44 S Raw AY 50. 0' 7" 4�1p5(, CS p22p22 / 10' P.U.E 3 T 00 1S FN 2 co l 4-108" (` R'821.p0 / r 1SQ 09 d / 5 �i j 1.84 5' / r � � _ 6 A16725S49 % 19, / o j i /r rl 5' TRACT 12-1B 75 6,884t SF / l o f / �cr o o / OB• 9,415t SF 10' S 4i / / / i / .D.E OPEN SPACE / M 74COD 1 rn P h / 1 7,152f SF 73 / T % 7,261t SF ;4, o^ i / �� �// O8 51' / 10' S.D.W.E z / o / 72 A / / h' 5,2 o // 7,123t SF •� / / �� / o / 10' S.D.W.E ~I / !2 I ; 71 / o o l� l r i i l ~ll l i 8,090t SF " Q / 814- ; 10' P.U.E i i i i /_� 10' S.D.W.E _ / =N �� a / W 1050 N78' 4s6" r l l l l ~/l l / l ' W l l r 69 / 55.76 65.82 �/ 50, 00 �/ i l r� 10' S.D.W.E //� 21' / C23 5,2629 SF cd 9 l `� N78 46 N78 4626 "W i i 46.17 ,4i / •'L 26 W 56.6p N784626" 46. r t N78 46 26 W l l N7 46 T W 55, 00 8 46'26-W 1 N78 4626 "W / N78 46' / / OS 00 2 45.96 6 SW 63.98 O/ o 70 10' S.D.E �. C11 M 6,039t SF < / o / 229 V 15' / CZ)I N II W / 7'976t SF 230 I CA?' N8023'47"W 105.00 / 7,867f SF I �, co I TRACT 12-1C / 67± rn I p- N C OPEN SPACE 7,867t SF W o a �� o N 2,483t SF N N _ U ~'I a rn N N N8545'41 "W 105.00232 ' .., 7, 287t SF ^ LO 233 I o o 10' P.U.E 8,482t SF I N ^ I 168 h ` 'n a J o N 55 76 _ _ I _ - I 6,180t SF 10' X 8' P.P.A.E 21' < 21' M 51.Op - 55.00 C14_ ' o n I 3.05 o C _ 20g, 55.00 ` _ _ 10' S.D.E /�, a II Q 91 44. _� - "'` �� °� SO'53' 02" E 105.00 c 11 PI) Ora i N _�- 2347 4626"W 285.91 15 C31 C30 �g��y'\O 10' S.D.E I R=25.00 50.00 3 -_` 4=21•09'21" L=62.40 169 �\ �94'10'02' � - �, - �' N18'0321"E 1 5,868t SF ' 50.00 208.35 wSU�R a �ES71?,Fr R=1so.00 3a•oa o\ \ L=41.09 g 10' P.U.E 50.00 w 4=23'10'07" L=76.83 0a '_ - AL=8R,-224S18'0O06•N784&'26"W 49.96 04=21'55'18"=.3 4.99 - C42 C41 6. �p5 ao \A11.59, 21 E �I d- 228 � 0 10' S.D.E ---- --- 5,250t SF ^� 227 0 0 3.40 \�-10' P.U.E 170 5,250t SF SA 5,250f SF 19' 2 d 226 0 10' P.U.E 51' z M 5,250t SF 225 0 0 3 Z 5,270t SF •W 224 3 \ o o \ �92�ME �05s 0 i 6,131t SF 223 50.00 a N 7,658t SF 50.00 o �0'15'24" Z 21 108• 50.00 L=1.55 N18'00'39°W pEQ1Es� �'26;w 198 87 48.87 42.34 28.67 a��R�„ttM\GY:, c n_„• _." A=5•36'15" j� 56.31 •E 98•65 LEGEND ® FOUND CITY OF PORT ORCHARD STANDARD MONUMENT W/ PUNCH & STAMPED "41299" ® SET CITY OF PORT ORCHARD STANDARD MONUMENT O FOUND 1/2" REBAR NTH YELLOW PLASTIC CAP STAMPED "CORE 41299" • SET 1/2" REBAR NTH YELLOW PLASTIC CAP STAMPED "CORE 41299" *0 SET 1/2" REBAR WITH YELLOW PLASTIC CAP STAMPED "CORE 41299" ALONG PROPERTY LINE OFFSET FROM REAR PROPERTY CORNER, SEE REAR LOT CORNER OFFSET TABLE, SHEET 2 E.P EASEMENT PROVISION, SEE SHEET 2 P.U.E PUBLIC UTILITY EASEMENT, SEE E.P 1 S.D.E PRIVATE STORM DRAIN EASEMENT, SEE E.P 3 S.D.W.E PRIVATE STORM DRAIN AND WALL MAINTENANCE EASEMENT, SEE E.P 2 P.P.A.E PUBLIC PEDESTRIAN ACCESS EASEMENT, SEE E.P R-O-W RIGHT OF WAY TO BE DEDICATED TO CITY OF PORT ORCHARD UPON RECORDING OF THIS PLAT LINE TABLE LINE # BEARING LENGTH L3 N7846'26"W 50.00 L4 N78'46'26"W 50.00 L5 N8115'31"W 42.23 L6 N8115'31"W 56.20 L7 N68'40'29"W 61.59 L12 I N80-26'51"W 10.80 N79*14 51 06'00'56"W (R) MP N 2 �2p22Np2 /fly R SpR�\ eAsx :o 01. 41299 *A L L X2 SHEET 5 OF 5 Pp•\ 1F QRp,\NPp�` sQ I , K 5� pPEN �pp0 � 22o22N0'LN6 P� CURVE TABLE CURVE # RADIUS DELTA LENGTH C5 842.00 2'24'25" 35.37 C6 842.00 319'31" 48.87 C7 842.00 3'21'46" 49.42 C8 842.00 1'44'55" 25.70 C9 25.00 14'41'56" 6.41 C10 25.00 7518'04" 32.86 C23 305.00 012'33" 1.11 C24 200.00 012'33" 0.73 C25 200.00 13-03'00" 45.55 C26 305.00 5'21'54" 28.56 C27 200.00 5'21'54" 18.73 C28 200.00 13*21'17" 46.62 C30 169.00 17'09'46" 50.62 C31 169.00 359'35" 11.78 C33 800.00 2'52'55" 40.24 C36 800.00 4'00'27" 55.96 C37 800.00 3'51'36" 53.90 C39 25.00 90'00'00" 39.27 CURVE TABLE CURVE # RADIUS DELTA LENGTH C40 200.00 853'41" 31.05 C41 211.00 9'46'48" 36.02 C42 211.00 12'08'30" 44.71 CIVIL ENGINEERING LANDSCAPE ARCHITECTURE PLANNING DESIGN SURVEYING 12100 NE 195th St, Suite 300 Bothell, Washington 98011 425.885.7877 JOB NO- 20197 Page 203 of 317 LU22-Plat Final-02 CITY OF PORT ORCHAIF- to Agenda Development Director Back 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o planning @ cityofportorchard.us www.cityofpor-torchard.us May 12, 2022 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for McCormick Woods West Division 12 Phase 1 (LU22-PLAT FINAL-02) Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the Kitsap County Hearing Examiner Decision dated May 30, 2008 and the subsequent administrative minor plat amendment decision issued by the City of Port Orchard Development Director on February 12, 2021. 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. An appropriate performance bond has been received by the City of Port Orchard for certain landscaping 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 204 of 317 CITY OF PORT ORCHAR'N Public Works Director Back to Agenda 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 • Fax: (36o) 876-4980 m r • ci o€ rtor hard.us www.cijXorportorchard.us Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 May 13, 2022 Re: Recommendation of Approval of Final Plat for McCormick West Division 12 Phase 1 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 Kitsap County Hearing Examiner's Findings, Conclusions and Decision dated May 30, 2oo8 and a minor plat amendment dated February 12, 2021. The subdivision as presented complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I also state that the City of Port Orchard has confirmed that it has sufficient sewage disposal, pursuant to the recent completion of the 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 Port Orchard's Retail Water- Service Area and sufficient water supply is available. Finally, the final plat documents have been reviewed, and I have confirmed that all working drawings and specifications for the improvements have been prepared in conformance with City standards and that all required improvements are either complete and accepted, or that a Performance Bond has been established for all unfinished work. I therefore recommend approval of the final plat. If you should have any questions, or need additional information, please feel free to contact me at this office. Sincerely, i R. Dorsey ,�.E Public -Works Director/City Engineer MRD;mrd Cc: Charlotte Archer — City Attorney Nick Bond — Development Director File Page 205 of 317 Back to Agenda BILL OF SALE THIS BILL OF SALE is made and executed this Ir(I; day of _ I"I'�`� , 20U 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 West Division 12 PH project located on parcel 082301- 1-015-2001. These improvements are further described in Exhibit A and itemized in Exhibit B, both of which are attached hereto and incorporated herein bV 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 Y`��QrC�rtiv`� Washington, this �'� P� day Of h� , 20Iff -2� GRAN R: N ormic evelopment Corp) By: Its: thorized Si nat Print N e: James N Tosti prlSvrety forrnsSBill of Salelapproved by Interim AttySkiil of Sale - Muter Form Page 206 of 317 [Remainder of page intentionally left blank] P:ASurety formsNBill ofSaleiapproved by Interim AttyN ill of Sale —Master Form Back to Agenda Page 207 of 317 Back to Agenda STATE OF WASHINGTON )ss COUNTY OF 1 ) On this I 1 day of 20Z=Z before me personally appeared wu , to me known to be the managing member for Mc-1L v a limited liability corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this ir�t day of Ac 20??- NOTARY PUBLIC " STATE OF WASHINGTON No a ublic iPqnq for the State of Washington, ANDREW 0 MARSHALL residingin (Ls AL .)J MY COMMISSION EXPfRES FEBRUARY26,2025 My commission expires CYL -� COMMISSION NO.164918 Dated at Port Orchard, Washington, this day of , 20. CITY OF PORT ORCHARD By: Mark R. Dorsey, PE, Public Works Director 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:1Surety forms\Rili of Salolapproved by Interim Atty4Tlill of Sale M ster Farm Page 208 of 317 Back to Agenda A List of Required I#iprovements The following provides a general description of the improvements conveyed under this Bill of Sale related to the "McCormick Woods West Div 12 Phase 1" project as shown in the approved construction plans prepared by CORE Design with City approval dated 7.21.2021. 1.) Speciftc improvements conveyed under this Bill of Sale include the following elements found within this approved construction drawings s�t as follows. a. Public sewer main extension, a. as shown on below plan sheets i. C5.00-05.11 b. Public water main extensions, shown on below plan sheets i. C6.00-C6.11 c. Public road and storm improvemen the plat as shown on below plan shi i. C4.00-C4.41 H. C7.00-C7.07 manholes and appurtenances within the plat fittings and appurtenances within the plat as ated structures and appurtenances within The items, quantity and value of the improvements described above and conveyed under this Bill of Sale are presented in Exhib t B and are associated with City of Port Orchard Permit #s PW21-027and PW21-02�, Page 209 of P17 i Back to Agenda lb�4;�37 + + 1333 Lloyd parkway • Port Orchard, WA 98367 ajdm(360) W6-9737 • Fax (360) 876-9760 GENERAL CONTRACTORS "Brrilrlin on a Reputation of Quality" 511312022 Attn: Nick Tosti McCormick Communities LLC (-XHIBIT 8 805 Kirkland Ave, Suite 200 Kirkland WA98033 RE: McCormick West Div. 12. Phase 1 Bill of Safe Thank you for the oppoortunily to provide you with the following Mc Cormick West Division 11 & 12, Phase Two Bill of Sale Cost Breakdown. This breakdown describes the cost to perform the work per the set of drawings dated August 20. 2021 by CORE Design Engineering. Onsite native materials will he used as backfill. Item Quantity Unit Unit Cost SUB -TOTAL TOTAL TAX ESTABLISH SUB -GRADE +I- 0.10 19,630,p SY $1.50 $29,445.00 $29,445.00 SALES CRUSHED ROCK UNDER ASPHALT & CONCRETE 1 $106,002.00 USE 3" CSBC UNDER ASPHALT 11.778.0 I SY $9.00 $106.002.00 SITE CONCRETE I $211,000.00 USE 18" ROLLED CURB & GUTTER 4,800.D LF $12.00 $57,600.00 SIDEWALKS 23.500.0 SF S4.00 $94.000.00 APPROACHES 4,680.0 SF $5.00 $23,400.00 ADA RAMPS 20.Q EA $1,800.00 $36,000.00 ASPHALT PAVING I S178,420.50 USE HMA PATH STORM SYSTEM MAIN LINE 12"CPEP 15" CPEP 24" CPEP TYPE 1 CB TYPE 2 CB'S WATER SYSTEM WATER SERVICES 8" D.I. ROAD "B" DI PIPE HYDRANTS SEWER ONSITE SEWER SERVICES 8" PVC SEWER 10" PVC SEWER SANITARY SEWER MANHOLES STRIPING & SIGNAGE "'USE TAX INCLUDED IN ITEMS LISTED 11,778.Q SY $14.00 $164,892.00 9331 SY $14.50 $13.528.50 5137,020.00 uss 1,180. LF $ 28.00 $33,040.00 190.0 LF S 30.00 $5,700.00 990.0 LF S 52.00 $51,480.00 8.0 EA $ 950.00 $7,600.00 14.0 EA $ 2,800.00 $39,200.00 $247,260.00 SALES 48.0 EA $1.650.00 $79,200.00 2340.0 LF $39.00 $91.260.00 1:320.0 LF $40,00 $52.800.00 4.0 EA $6.000.00 $24,00D.00 $213,142.50 48.0 EA $950.00 $45.600.00 1,020.0 LF $37.50 $38.250.00 1,030.0 LF $44.75 $46.092.50 13.0 EA $6.400.00 $83.200.00 1.0 LS $8.300.00 $8.300.00 $9,300.00 USE I SUB TOTAL $1,130,590.00 9% W.S.S.T $24,903.45 TOTAL $1,155,493.45 We specifically exclude the following items Engineering and Survey, Staking, Permits Bonds and Fees, Contaminated or Hazardous Materials, Geotechnical Services and/or Compaction Testing, Import/Export of soils due to wet weather conditions. Relocation of Existing Utilities (LE GAS & ELECTRICAL), de -watering, Import Topsoils or Compost, water proofing, temporary fencing, de -commissioning of existing wells and septic systems or anything not specifically stated above. I I Page 210 of 317 I Back to Agenda CITY OF PORT O CHARD PERFORMANCE BOND FOR PRIV TE SECTOR PROJECTS (Note: City must receive the two years MaintenanceJWarranty and prior to releasing Performance Bond) PROJECT or PERM CONTRACT# SURETY BOND #: DATE ACCEPTED: PROJECT COMPLI RE: Project Name: McCormick 12 Owner/Developer/Contractor. McCormick Deve Project Location: PortOrchard WA KNOW ALL PERSONS BY THESE PRESENTS: (hereinafter called the "Principal'), and Harco National In under the laws of the State of Illinois in the State of Washington (hereinafter called the "Surety") Orchard, Washington, in the sum of Four Hundred Thirty ($ 430,186.50 ), 150% of the total con money of the United States of America, for the payment of heirs, executors, administrators, successors and assigns, CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has enter the following project within the City: McCormick West # PW21-027 & PW20-028 0707478 DATE: That we, McCormick Development Corp. surance Company a corporation organized , and authorized to transact surety business are held and firmly bound unto the City of Port housand One Hundred Eight Six and 501100 Dollars )n amount for Private Developers, lawful sum we and each of us bind ourselves, our and severally, by these presents. THE into a certain agreement with the City, to perform v 12 Phase 1 . and WHEREAS, the agreement with the City requires t certain improvements be made as part of the project; and that such improvements be constructed in full ompliance 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 grantt d in writing by the City; and NOW, THEREFORE, it is understood and agreec that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only E fter the Principal has performed and satisfied the following conditions: A. Conditions. 1. The improvements to be constructed by the Principal include: (Insert complete description here or add summary here and refer to a separate detailed escription attached as Exhibit A.) Street Sians. Monuments. Strioinq, S reetlights, Joint Utility Trench and Page 1 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Page 211 317 Back to Agenda 2. The Principal must construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above - referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. 5. 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 VI k reil�ased d r�l rVi gg two (2) year ��V even ousand free are FYI ) iglit an Maintenance Bond, not to exceed the sum of 2onoo dollars ($ 57,358.20 ), 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 2of6 Surety Forms\PW c10\Approved by Lighthouse Atty\sEc 6-27y60095f 317 C. I� E. F. Corrections. Any corrections required by the City notification by the City and completed within thirty i not performed in a timely manner, the City shall have such action under this Bond as described in Section Extensions and Chances. No change, extension o; contract or to the work to be performed by the Print shall in any way affect the obligation of the Principal agrees, in writing, to such alteration, addition, extei such change, extension, alteration or addition thereu and changes may be made in the terms and provisior and any such modifications or changes increasin€ automatically increase the obligation on this Perfon Enforcement. It is specifically agreed by and betwel be taken to enforce the provisions of this bond or entitled to collect its costs and reasonable attorney 1 obligation hereunder. In the event of settlement or suit, the actual costs incurred by the City, including of the obligation hereunder secured. Said costs an prevailing party, not only from the proceeds of this of any recovery (including recovery on the bond) in that this Agreement shall be governed by the laws ( arising out of this Agreement shall be in Kitsap Co Bond Expiration. This bond shall remain in full have been fully performed and a Maintenance been submitted to the City, in a form suitable to Back to Agenda shall be commenced within seven (7) days of 30) days of the date of notification. If the work is the right, without recourse to legal action, to take 3 above. time, alteration or addition to the terms of the pal or the specifications accompanying the same )r Surety on this bond, unless the City specifically lion or change. The Surety waives notice of any der. The Surety hereby agrees that modifications of the aforesaid contract without notice to Surety the total amount to be paid the Principal shall ance Bond in alike amount. a the parties that in the event any legal action must o collect said bond, the prevailing party shall be ;es as a part of the reasonable costs of securing the resolution of these issues prior to the filing of anK •easonable attorney fees, shall be considered apart" , reasonable legal fees shall be recoverable by the . bond, but also over and above said bond as a part arty judicial proceeding. The Surety hereby agrees Fthe State of Washington. Venue of any litigation inty Superior Court. rce and effect until the obligations secured hereby ,id as described in Section A(6) of this Bond has City and until released in writing by the City. Page 3 of 6 Surety Forms\PW Civif\Approved by Lighthouse Atty\SEC 6-27-16\05.01-20 Page 213 f 317 Back to Agenda DATED this 16th day of May , 20 22 SURETY COMPANY (Signature must be notarized) By:6u`' Its orney-in-fact Print Name: Jiro S. Kuich Business Name: Harco National Insurance Company Business Address: PO Box 3018 City/State/Zip Code: Bothell, WA 98041-3018 Telephone Number: (425)489-4500 PRINCIPAL �.0 Its Print Name: -1 tKEs N� l OSM Business Name: McCormick Development Corp. Business Address: 805 Kirkland Ave., 9200 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 Llghthouse Atty\SEC 6-27A�@-4k44bf 317 Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that 1 know or have satisfactory evidence that V"n / S�1 is the person who appeared before m , and saij person acknowledged as the 0..4 " S4 v of that (he/she) signed this instrument, on Wath stated that (he/she) was authorized to execute the instrument and ac owledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument 4L NOTARY PUBLIC STATE OF WASHINGTON IMREW D MARSKALL MY COMMISSION EXPIRES FEBRUARY 26, 2025 COMMISSOON NO.164918 Daled: {7 -07-i signa�re print name j NOTARY PUBLIC in and for the State of Washingto residing at: I-LI My Commission expires: 0-74- to Page 5 of 6 5urety Forms\PW Civil\Approved by Lighthouse Atty\SEC6-27-16\05-01-20 Page 215 of 317 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) } SS. COUNTY OF King } I certify that I know or have satisfactory evidence that Jim S. Kuich 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. 01%G r IDO�n1111., ���'' Z NOTARY cn N ? PUBLIC ; Z `0 No 2T O•,....••• \ � WAStA\0 11 Dated: 5/16/2022 - signature Emma C, Doleshel print name NOTARY PUBLIC in and for the State of Washington, residing at: Lake Stevens, WA My Commission expires: 12/1/2025 Surety ForMAPW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-OS-20 Page 216 of 317 Page 6 of 6 POWER OF ATTORNEY Back to Agenda HARCO NATIONAL INSURANCE COMPANY INTERNATIONAL FIDELITY INSURANCE COMPANY Member companies of ]AT 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, 2013. "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 Attomeys-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, 2021 „„.,.,,� rc`OL1TT/y�� STATE OF NEW JERSEY STATE OF ILLINOIS _`�otQara tr y`s A County of Essex County of CookSEAL JE rn a Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY: that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. .+" `I r'''+, IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, .',F.I. �•A•.�GT1 New Jersey the day and year first above written. .�yo 5p�gyou• �� t�'�. tgR5 +. ShirelleA.Outley a NotaryPublic of New Jersey r ''IrI I+++''' ; My Commission Expires April 4, 2023 CERTIFICATION 1, 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, .:nd 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 !r/c Page 217 of 317 Irene Martins, Assistant Secretary CITY OF PORT ORCHARD LANDSCAPE PERFORMANCE BOND Name of Project Project Location Back to Agenda McCormick West Divisions 11 and 12 Port Orchard Project/Application # PW 21-027, PW 21-028 Performance Bond Amount $ 1,498,099 Bond # 0807269 Know all men by these presents: That whereas the City of Port Orchard, State of Washington has issued a permit to McCormick Development Corp (Contractor) hereinafter designated as the "Principal" a permit for the construction of the project designated McCormick West Divisions 11 and 12 , 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: One Million Four Hundred Ninety -Eight Thousand and Ninety Nine Dollars ($_ 1,498,099 ) 150% Total Contract Amount lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by those presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bonded principal, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the said contract, and shall faithfully perform all the provisions of such contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, at the time and in the manner therein specified and shall pay all laborers, mechanics, subcontractors, and material men, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or their part, and shall indemnify and save harmless the City of Port Orchard, Washington, their officers and agents from any claim for such payment; and shall further save harmless and indemnify said City of Port Orchard, Washington, from any claims relating to defect or defects in any of the workmanship entering into any part of the work or designated equipment covered by said contract. Once the work has been completed and accepted by the City of Port Orchard this Performance Bond will be released and replaced with a 2 year Maintenance Bond not to exceed the sum of: One Million Two Hundred Forty -Eight Thousand and Four Hundred Sixteen Dollars ($ 1,248,416 ) 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 1 of 2 Page 219 of 317 Back to Agenda And the said Surety, for value received, hereby further stipulates and agrees that no change, extension of Lime, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any change, extension of time, alterations or additions to the terms of the contract or the work or to the specifications. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid Contract without notice to Surety, and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation of the Surety on this Performance Bond in a like amount, such increase, however, not to exceed twenty-five percent (25%) of the original amount of this bond without the consent of the Surety. IN WITNESS WHEREOF, the said principal and the said surety have caused this bond and two (2) counterparts thereof to be signed and sealed by their duly authorized officers this 8th day of February , 20 22 McCormick Dev lope ent Corp Harco National Insurance Company Princi ftr) Sure B Si atur Si at e Jim S. Kuich Print N me Print Name Attorney -in -fact Title Title 805 Kirkland Ave., #200 PO Box 3018 Mailing Address Mailing Address Kirkland, WA 98033 Bothell, WA 98041-3018 City, State, Zip Code City, State, Zip Code (425)894-6382 (425)489-4500 Phone Number Phone Number jim.kuich@hubintemational.com Email Address Email Address Accepted by the City of Port Orchard this day of , 20 By Signature Printed Name Title City of Port Orchard Landscape Performance Bond Page 220 of 317 Page 2 of 2 POWER OF ATTORNEY HARCO NATIONAL INSURANCE COMPANY Back to Agenda 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, THERESAA. LAMB, STEVE WAGNER, MICHAELA. 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 31s1 day of December, 2021 STATE OF NEW JERSEY STATE OF ILLINOIS a4� County of Essex County of Cook 19,04 112 fE Kenneth Chapman Executive Vice President, Harco National Insurance Company and International Fidelity Insurance Company On this 31st day of December, 2021 , before me came the individual who executed the preceding instrument, to me personally known, and, being by me duly sworn, said he is the therein described and authorized officer of HARCO NATIONAL INSURANCE COMPANY and INTERNATIONAL FIDELITY INSURANCE COMPANY; that the seals affixed to said instrument are the Corporate Seals of said Companies; that the said Corporate Seals and his signature were duly affixed by order of the Boards of Directors of said Companies. A �� IN TESTIMONY WHEREOF, I have hereunto set my hand affixed my Official Seal, at the City of Newark, Q�/j '.- New Jersey the day and year first above written. � \Q �FExP' OZO •. 'C +' %.:500799 y `. ' JEAS�`� Shirelle A. Outley a Notary Public of New Jersey Ills 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 FaJAAA,if Page 221 of 317 Irene Martins, Assistant Secretary Back to Agenda 22210 NE 80th Street Redmond, WA 98053 MAIN (425) 868-1615 FAX (425) 868-4827 CON. LIC. # BRANDNI975PP 1 at 4 BASF PROPOSALI. DESCRIPTION OF WORK ITEM: QUANTITY: UNIT: UNIT PRICE: TOTAL COST: AUTUMN BLAZE MAPLE, 2" GAL 459.00 EA $354.00 $162,486.00 VINE MAPLE, b-b- 206.00 EA $186,00 $38,316.00 218.00 EA $250.00 $54,500.00 DOUGLAS FIR 291.00 EA $194.00 $56,454.00 877.30 EA $22.50 $19,739.25 1,914.00 EA $19.30 $36,940.20 BIO SWALE KARL FORESTER FEATHER REED GRASS, 2 GALLON 1,392.00 EA $22.50 $31,320.00 BIO SWALE SLOUGH SEDGE, 1 GALLON 7,482.00 EA $10.00 $74,820.00 BIO SWALE STAR OF GOLD DAY LILY, 1 GALLON 2,610.00 EA $1.2.40 $32,364.00 BIOSWALE SALAL 13,533.00 EA $10.80 $146,156.40 BIOSWALE SEED MIXTURE 7.00 ACRE $3,484.00 $24,388.00 SPECIAL SUN MIXTURE 2.00 ACRE $4,356.00 $8,712.00 DIV 11 IRRIGATION PROPOSAL 1.00 LS $103,307.50 $103,307.50 DIV 12 IRRIGATION PROPOSAL 1.00 LS $97,932.50 $97,932.50 BIOSWALE COMPOST AND PREP 1.00 LS $111,297.30 $111,297.30 $0.00 $0.00 Total Cost: $998,733.15 Kind Regards, Tutko Landscaping and Nursery Jason Tutko 150, Bond Amount: 1,498,099.73 Page 222 of 317 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8G Adoption of a Resolution Granting Final Plat Approval for Geiger Final Plat Back to Agenda Meeting Date: May 24, 2022 Prepared by: Nick Bond, AICP Atty Routing No. Atty Review Date DCD Director N/A N/A Summary: On March 8, 2022, Richmond American Homes, owner of the property identified as the Plat of Geiger Road located at the southwest corner of the intersection of SE Blueberry Road and Geiger Road SE submitted an application for final plat approval. The City of Port Orchard Hearing Examiner granted preliminary plat approval with conditions on February 13, 2020. A SEPA Mitigated Determination of Non -Significance (MDNS) for the subdivision was issued on December 23, 2019. The initial preliminary plat contemplated 50 single-family Lots comprised of 30 detached single-family lots and 20 attached single-family lots. Subsequent to preliminary plat approval, the property owner submitted a minor modification to the preliminary plat which was approved by the Department of Community Development Director on February 26, 2021 which did not change the conditions of approval from the February 13, 2020 Hearing Examiner Decision. Rather, the modification adjusted property lines to create larger building envelopes reducing the number of resultant Los from 50 to 46. The resultant Lots all accommodate detached houses. The Plat of Geiger Road subdivision creates 46 single-family residential lots and three tracts, consisting of common open space and stormwater facilities consistent with the conditions established in Hearing Examiner Decision, the MDNS, and the preliminary plat minor modification. The applicant has installed or bonded for roadway illumination, roads, sidewalks, water and sewer, landscaping, 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 transportation system. Relationship to Comprehensive Plan: N/A Recommendation: Adoption of a resolution, granting approval of the Final Plat for the Plat of Geiger Road. Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval of the Plat of Geiger Road. Fiscal Impact: Income from building permit fees, ongoing maintenance of public infrastructure. Alternatives: Approval with added conditions. Attachments: Resolution, Plat map, Public Works Approval Letter, Department of Community Development Approval Letter, Bill of Sale, and Performance Bonds. Page 223 of 317 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 46-LOT AND THREE -TRACT PLAT KNOWN AS FINAL PLAT OF GEIGER ROAD. WHEREAS, the property owner Richmond American Homes, represented by Craig Deaver with CES NW, Inc. (hereinafter "Applicant"), has submitted an application for Final Plat of Geiger Road Final located in the City of Port Orchard (hereinafter "the Property'); and WHEREAS, on February 13, 2020, after a duly -noticed public hearing to review the proposed development, the City of Port Orchard Hearing Examiner approved the Geiger Road Preliminary Plat to create 50 single-family lots comprised of 30 detached single-family lots, and 20 attached single-family lots; and WHEREAS, on February 13, 2020, after a duly -noticed public hearing to review the proposed development, the City of Port Orchard Hearing Examiner approved the Geiger Road Preliminary Plat to create 50 single-family lots comprised of 30 detached single-family lots, and 20 attached single-family lots; and WHEREAS, on February 26, 2021, a minor modification to the preliminary plat was approved by the Department of Community Development Director which adjusted property lines to reduce the number of lots created to 46, all of which are intended for construction of single-family detached homes; and WHEREAS, on March 8, 2022 the Applicant submitted an application seeking final plat approval for the Final Plat of Geiger Road, for the subdivision of 46 single-family residential lots, three tracts, and public right-of-way; and WHEREAS, City staff has reviewed the proposed final plat for compliance with the Port Orchard Municipal Code, and recommends approval subject to adequate bonding/securities in place to ensure the completion of remaining work in the event the Applicant should fail to comply with the terms of the preliminary plat approval; and WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded, and recommends approval of the final plat; and WHEREAS, the City Engineer recommends approval of the final plat; and WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the Applicant has secured bonds guaranteeing completion of the improvements required by the Preliminary Plat Approval; and Page 224 of 317 Back to Agenda vo. _ Page 2 of 2 WHEREAS, the City Council finds that the Final Plat of Geiger Road 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 Final Plat of Geiger Road 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 of Geiger Road, as illustrated and as legally described in Exhibit A, attached hereto; and THAT: The Final Plat of Geiger Road shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval, unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 24t" day of May 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 225 of 317 Back �' PLAT OF GEIGER ROAD SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON DEDICATION KNOW ALL MEN BY THESE PRESENTS THAT WE, THE UNDERSIGNED OWNERS IN THE FEE SIMPLE OR CONTRACT PURCHASER AND MORTGAGE HOLDER OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS AND AVENUES SHOWN THEREON AND USE THEREOF FOR ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS AND FILLS UPON THE LOTS AND BLOCKS SHOWN ON THIS PLAT IN THE ORIGINAL REASONABLE GRADING OF THE STREETS AND AVENUES SHOWN HEREON. THE UNDERSIGNED OWNERS HEREBY WAIVE ALL CLAIMS FOR DAMAGES AGAINST ANY GOVERNMENTAL AUTHORITY WHICH MAY BE OCCASIONED TO THE ADJACENT LAND BY THE ESTABLISHED CONSTRUCTION, DRAINAGE AND MAINTENANCE OF SAID ROAD. THIS SUBDIVISION HAS BEEN MADE WITH OUR FEE CONSENT AND IN ACCORDANCE WITH OUR DESIRES. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, WAIVE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS AND ANY PERSON OR ENTITY DERIVING TITLE FROM THE UNDERSIGNED, ANY AND ALL CLAIMS FOR DAMAGES AGAINST THE CITY OF PORT ORCHARD, ITS SUCCESSORS AND ASSIGNS WHICH MAY BE OCCASIONED BY THE ESTABLISHMENT, CONSTRUCTION, OR MAINTENANCE OF ROADS AND/OR DRAINAGE SYSTEMS WITHIN THIS SUBDIVISION OTHER THAN CLAIMS RESULTING FROM INADEQUATE MAINTENANCE BY THE CITY OF PORT ORCHARD. FURTHER, THE UNDERSIGNED OWNERS OF THE LAND HEREBY SUBDIVIDED, AGREE FOR THEMSELVES, THEIR HEIRS AND ASSIGNS TO INDEMNIFY AND HOLD THE CITY OF PORT ORCHARD, ITS SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY DAMAGE, INCLUDING ANY COSTS OF DEFENSE, CLAIMED BY PERSONS WITHIN OR WITHOUT THIS SUBDIVISION TO HAVE BEEN CAUSED BY ALTERATIONS OF THE GROUND SURFACE, VEGETATION, DRAINAGE, OR SURFACE OR SUB —SURFACE WATER FLOWS WITHIN THIS SUBDIVISION OR BY ESTABLISHMENT, CONSTRUCTION OR MAINTENANCE OF THE ROADS WITHIN THIS SUBDIVISION. PROVIDED, THIS WAIVER AND INDEMNIFICATION SHALL NOT BE CONSTRUED AS RELEASING THE CITY OF PORT ORCHARD, ITS SUCCESSORS OR ASSIGNS, FROM LIABILITY FOR DAMAGES, INCLUDING THE COST OF DEFENSE, RESULTING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF THE CITY OF PORT ORCHARD, ITS SUCCESSORS, OR ASSIGNS. THE EAST 5 FEET OF SAID SUBDIVISION SHALL BE DEDICATED TO THE PUBLIC UPON RECORDING OF THE PLAT. TRACT "A" AN STORM WATER/POND TRACT, IS TO BE DEDICATED TO GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT. TRACT "B", AN OPEN SPACE/RECREATIONAL TRACT, IS TO BE DEDICATED TO GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT. TRACT "C", AN SANITARY SEWER FACILITIES TRACT, IS TO BE DEDICATED TO WEST SOUND UTILITY DISTRICT UPON THE RECORDING OF THIS PLAT. TRACTS "E" AND "F" ARE DESIGNATED LANDSCAPING TRACTS, AND ARE TO BE DEDICATED TO GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS PLAT. THE UNDERSIGNED OWNER OR OWNERS OF THE INTEREST IN THE REAL ESTATE DESCRIBED HEREIN HEREBY DECLARE THIS MAP AND DEDICATE THE SAME FOR A COMMON INTEREST COMMUNITY NAMED GEIGER ROAD, 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 THE PLAT OF GEIGER ROAD RECORDED UNDER KITSAP COUNTY RECORDING NO. THIS SUBDIVISION, DEDICATION, WAIVER OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. IN WITNESS WHEREOF, WE SET OUR HANDS AND SEALS: PETE WAGNER, VICE PRESIDENT OF FINANCE. RICHMOND AMERICAN HOMES OF WASHINGTON, INC. A COLORADO CORPORATION ACKNOWLEGMENT STATE OF WASHINGTON ) COUNTY OF )SSl ON THIS DAY OF , 2022, BEFORE ME PERSONALLY APPEARED PETE WAGNER, TO ME KNOWN TO BE VICE PRESIDENT OF FINANCE OF RICHMOND AMERICAN HOMES OF WASHINGTON, INC., A COLORADO CORPORATION 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 IS AUTHORIZED TO EXECUTE SAID INSTRUMENT. IN WITNESS WHEREOF, I HAVE HEREUNTO SET MY HAND AND OFFICIAL SEAL THE DAY AND YEAR FIRST WRITTEN ABOVE. NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON RESIDING AT: MY APPOINTMENT EXPIRES: PROTECTIVE COVENANTS SEE PROTECTIVE COVENANTS, CONDITIONS, RESTRICTIONS AND EASEMENTS AS RECORDED UNDER AUDITOR'S FILE N0. SHEET INDEX PLAT NOTES 1. BUILDING PERMITS ON THESE LOTS WILL BE SUBJECT TO IMPACT FEES PURSUANT TO CITY OF PORT ORCHARD MUNICIPAL CODE. 2. ACCESS TO ALL LOTS SHALL BE FROM ROADS WITHIN THE PROPOSED PLAT BOUNDARIES. 3. ALL LOTS SHALL ACCESS FROM INTERIOR PLAT ROADS ONLY. 4. MAINTENANCE OF TRACT 'A', 'B', 'E' AND 'F' SHALL BE THE RESPONSIBILITY OF THE GEIGER ROAD HOMEOWNERS ASSOCIATION. 5. DIMENSIONS AND USE OF ALL LOTS EMBRACED IN THIS PLAT ARE SUBJECT TO AND SHALL BE IN CONFORMITY WITH CITY OF PORT ORCHARD MUNICIPAL CODE. 6. A 10—FOOT WIDE UTILITY EASEMENT WILL BE PROVIDED ACROSS ALL LOTS ABUTTING THE RIGHT—OF—WAYS OF ALL INTERIOR ROADS AS DEPICTED ON THE FACE OF THIS PLAT. 7. THE PROPERTY OWNERS AND/OR ASSOCIATION WITHIN THIS PLAT SHALL BE RESPONSIBLE FOR MAINTENANCE OF ALL LANDSCAPING WITHIN THE EXISTING AND PROPOSED RIGHT—OF—WAY INCLUDING ANY STRUCTURES OTHER THAN ROADWAY, STORM DRAINAGE FACILITIES, AND TRAFFIC SIGNAGE. THE COVENANTS, CONDITIONS AND RESTRICTIONS ADDRESS MAINTENANCE. 8. MINIMUM R1 ZONING SETBACKS: FRONT (PRIMARY STREET)= 10 FEET SIDE = 5 FEET SIDE STREET = 10 FEET REAR= 10 FEET MAXIMUM HARD SURFACE = 50 PERCENT MAXIMUM BUILDING HEIGHT = 35 FEET MINIMUM R3 ZONING SETBACKS FRONT (PRIMARY STREET)= 10 FEET SIDE = 5 FEET SIDE STREET = 10 FEET REAR= 10 FEET MAXIMUM HARD SURFACE = 80 PERCENT MAXIMUM BUILDING HEIGHT = 35 FEET 9. A MINIMUM OF 2 OFF—STREET PARKING SPACES SHALL BE PROVIDED ON EACH LOT WITHIN THE SUBDIVISION. ONE ADDITIONAL OFF—STREET PARKING SPACE IS REQUIRED PER LOT WHICH DOES NOT HAVE ADJACENT PUBLIC ON —STREET PARKING. 10. LANDSCAPING SHALL BE INSTALLED AND MAINTAINED IN CONFORMANCE WITH THE REQUIREMENTS OF CITY OF PORT ORCHARD MUNICIPAL CODE AND THE APPROVED LANDSCAPING PLAN. MAINTENANCE OF STREET TREES LOCATED WITHIN THE RIGHT—OF—WAY SHALL BE THE RESPONSIBILITY OF ALL LOT OWNERS WITHIN THE PLAT AND/OR THE PLAT'S HOME OWNERS' ASSOCIATION. REQUIRED STREET TREES SHALL BE THE RESPONSIBILITY OF THE LOT OWNER TO MAINTAIN AND REPLACE IF IT IS DAMAGED, DISEASED OR DESTROYED. 11. ALL RECREATIONAL FACILITIES/AMENITIES SHALL BE MADE AVAILABLE TO ALL RESIDENTS WITHIN THE PLAT. 12. ALL RECREATIONAL FACILITIES/AMENITIES SHALL BE MAINTAINED IN GOOD WORKING ORDER BY THE LOT OWNERS WITHIN THE PLAT AND/OR THE PLAT'S HOME OWNERS' ASSOCIATION. 13. LOT 4 IS LIMITED TO THE DEVELOPMENT OF ONE SINGLE—FAMILY DWELLING. 14. LOTS 21-25 ARE IRREGULAR LOTS. TRACT NOTES TRACT A IS DESIGNATED A STORM DRAINAGE/POND TRACT AND IS TO BE DEDICATED TO THE GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS FINAL PLAT. THE GEIGER ROAD HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE ASSOCIATED WITH STORM DRAINAGE FACILITIES WITHIN SAID TRACT. TRACT B IS DESIGNATED A OPEN SPACE/PARK TRACT AND IS TO BE DEDICATED TO THE GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS FINAL PLAT. THE GEIGER ROAD HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE ASSOCIATED WITH SAID TRACT. TRACT C IS DESIGNATED A PUBLIC SANITARY SEWER PUMP STATION AND IS TO BE DEDICATED TO WEST SOUND UTILITY DISTRICT UPON THE RECORDING OF THIS FINAL PLAT. WEST SOUND UTILITY DISTRICT SHALL BE RESPONSIBLE FOR FOR THE MAINTENANCE, REPAIR AND REPLACEMENT OF THE IMPROVEMENTS CONTAINED THEREIN. TRACTS E AND F ARE DESIGNATED AS LANDSCAPING TRACTS AND ARE TO BE DEDICATED TO THE GEIGER ROAD HOMEOWNERS ASSOCIATION UPON THE RECORDING OF THIS FINAL PLAT. THE GEIGER ROAD HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE ASSOCIATED WITH SAID TRACTS. SURVEYOR'S CERTIFICATE I HEREBY CERTIFY THAT THE PLAT OF GEIGER ROAD IS BASED UPON A COMPLETE AND ACTUAL SURVEY AND SUBDIVISION OF SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M.; THAT THE COURSES AND DISTANCES ARE SHOWN CORRECTLY THEREON, THAT THE MONUMENTS HAVE BEEN SET AND THE LOT AND BLOCK CORNERS STAKED CORRECTLY ON THE GROUND; THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF THE LANDS ACTUALLY SURVEYED AND THAT I HAVE FULLY COMPLIED WITH THE PROVISIONS OF THE STATUTES AND PLATTING REGULATIONS. I HEREBY CERTIFY THAT ALL INFORMATION REQUIRED BY THE WASHINGTON COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; AND THAT ALL HORIZONTAL AND VERTICAL BOUNDARIES OF THE UNITS, (1) TO THE EXTENT DETERMINED BY THE WALLS, FLOORS, OR CEILINGS THEREOF, OR OTHER PHYSICAL MONUMENTS, ARE SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH SAID MAP, OR (2) TO THE EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN ON THE MAP. CHARLES E. PODZA*tKE,-PLS CERTIFICATE: 50986 EXPIRATION: 2/21 /2023 DATE: 5/5/2022 SHEET 1 DEDICATION, ACKNOWLEDGEMENTS, APPROVALS, CERTIFICATES, PLAT NOTES AND TRACT NOTES SHEET 2 SURVEYOR NOTES, SECTION/BOUNDARY, LEGAL DESCRIPTION, REFERENCES SHEET 3 TITLE EXCEPTIONS, SHEET LAYOUT SHEET 4 MAP, EASEMENT PROVISIONS SHEET 5 MAP, LOT ADDRESS TABLE APPROVALS CITY ENGINEER'S APPROVAL I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF STREETS, ALLEYS AND OTHER RIGHTS —OF —WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED BY ME THIS _DAY OF, 2022. CITY ENGINEER. COMMUNITY DEVELOPMENT DIRECTOR'S APPROVAL I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE LAYOUT OF STREETS, ALLEYS AND OTHER RIGHTS —OF —WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. EXAMINED AND APPROVED THIS_DAY OF , 2022. COMMUNITY DEVELOPMENT DIRECTOR. CITY COUNCIL APPROVAL APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, THIS DAY OF 2022. ATTEST: CITY CLERK CITY FINANCE DIRECTOR APPROVAL I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THE PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN DULY PAID, SATISFIED OR DISCHARGED. EXECUTED THIS DAY OF 2022. FINANCE DIRECTOR COUNTY TREASURER APPROVAL THIS IS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAS BECOME A LIEN UPON THE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF MY OFFICE, UP TO AND INCLUDING THE YEAR EXECUTED THIS DAY OF 2022. COUNTY TREASURER 2 INDEX: SW 1 /4 OF SE 1 /4, SEC 2, TWP 23 N., R 1 E., W.M. PARCEL INFORMATION PARCEL NO.: 022301-4-002-2006 ADDRESS: NOT ASSIGNED PARCEL NO.: 022301-4-003-2005 ADDRESS: NOT ASSIGNED Page 226 of 317 LU22-Plat Final-01 Back to Agenda PLAT OF GEIGER ROAD 3 T 12 lu® 35 21, NORTH QUARTER CORNER SECTION 2 c3 I CALCULATED POSITION PER R-3 � Ir. r. I N r. N i �I SOUTH 1/4 CORNER SECTION 2 NOT FOUND SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON S88'56'49"E 1318.58' (C) REFERENCES (R1) RECORD OF SURVEY, AFN 9303290065 (R2) SHORT SUBDIVISION, AFN 200008300062 (R3) UNRECORDED PRELIMINARY PLAT BY N.L. OLSEN & ASSOCIATES, PROJECT NO. 11077, DATED 2/14/2020. 7 2i EAST 1/4 CORNER 1 SECTION 2 I 3" BRASS DISK W/ PUNCH DOWN 0.8' IN CASE 10/28/2020 131 1307.65' (C) N88°59'33"W 1313.12 (C)' r� w Co 0 N 0%4 r00, M I "5I10 d 0 IW �a O ro I � IC! r7 0 - r Lri ? I N m wW o00 o 0 �N N (n m m I ZZ m r� Mi w 1 I SE CORNER SECTION 2 3" BRASS DISK W/ PUNCH I DOWN 0.25' IN CASE 1 10/28/2020 ' S88*56'49"E 1318.58' (C) _ 2 11, 72 SURVEYOR NOTES 1) NAD 83-2011 (EPOCH 2O10.00), WASHINGTON STATE PLANE, NORTH ZONE, (PER WASHINGTON STATE REFERENCE NETWORK) THE EAST LINE OF THE SE 1/4 SEC. 2, TWN 23N, RGE. 1E. WHICH BEARS N1°42'08"E. 2) EQUIPMENT USED: TRIMBLE GPS, SPECTRA PRECISION FOCUS 35 TOTAL STATION 3) THIS SURVEY COMPLIES WITH ALL STANDARDS AND GUIDELINES OF THE "SURVEY RECORDING ACT", CHAPTER 58.09 RCW AND 332-130 WAC. 4) ALL MEASURING INSTRUMENTS UTILIZED DURING THE COURSE OF THIS SURVEY ARE MAINTAINED IN CONFORMANCE WITH MANUFACTURERS SPECIFICATIONS. SCALE: 1 "= 200' 200 0 200 400 LEGEND 9 FOUND MONUMENT AS NOTED (C) CALCULATED DIMENSION (M) MEASURED DIMENSION (R—#) REFERENCE SURVEY DIMENSION LEGAL DESCRIPTION (PER CHICAGO TITLE INSURANCE COMPANY OF WASHINGTON, INC. ALTA COMMITMENT NO. 0212716-16, 4TH GUARANTEE DATED MARCH 30, 2022.) PARCEL I: FOR APN/PARCEL ID: 022301-4-002-2006 AND 022301-4-003-2005 BEGINNING AT A POINT 666-2/3 FEET WEST OF THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; AND RUNNING THENCE SOUTH 325 FEET; THENCE WEST 646-2/3 FEET; THENCE NORTH 325 FEET; THENCE EAST 646-2/3 FEET TO POINT OF BEGINNING; EXCEPT THAT PORTION, IF ANY, LYING WITHIN BLUEBERRY ROAD; PARCEL II: THE SOUTH HALF OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER , SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON; EXCEPT ANY PORTION LYING SOUTH OF THE NORTH LINE OF THE SOUTH 670 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SAID SECTION 2 AS DESCRIBED IN DEED TO R.B. WATEN DATED APRIL 23, 1919, AND RECORDED APRIL 25, 1919 IN VOLUME 86 OF DEEDS, PAGE 284, UNDER AUDITOR'S FILE NO. 67076; EXCEPT THE EAST 15 FEET THEREOF; PARCEL III: THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, SAID SECTION 2, DESCRIBED AS FOLLOWS: THENCE NORTH 02°39'03" EAST ALONG THE WEST LINE OF SAID SUBDIVISION 992.91 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING THE NORTHWEST CORNER OF THAT CERTAIN PARCEL CONVEYED TO JAMES M. CHICOLO AND MICHAEL M. CHESNEY BY DEED RECORDED ON NOVEMBER 24, 2014, UNDER AUDITOR'S FILE NO. 201411240077; THENCE SOUTH 89'00'57" EAST ALONG THE NORTH LINE OF SAID TRACT 640.17 FEET; THENCE NORTH 02'24'47" EAST 6.19 FEET TO THE SOUTHEAST CORNER OF THAT CERTAIN PARCEL CONVEYED TO JAMES M. CHICOLO AND MICHAEL M. CHESNEY BY DEED RECORDED NOVEMBER 24, 2014 UNDER AUDITOR'S FILE NO. 201411240076; THENCE NORTH 89°02'20" WEST ALONG THE SOUTH LINE OF SAID TRACT 640.17 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE SOUTH 02°39'03" WEST 5.93 FEET TO THE TRUE POINT OF BEGINNING. Page 227of317 LU22-Plat Final-01 Back to Agenda PLAT OF GEIGER ROAD SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON TITLE EXCEPTIONS (PER CHICAGO TITLE INSURANCE COMPANY OF WASHINGTON, INC. ALTA COMMITMENT NO. 0212716-16, 4TH GUARANTEE DATED MARCH 30, 2022.) 1. NOT SURVEY RELATED 2. ANY RIGHTS, INTERESTS, OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS DISCLOSED BY SURVEY; RECORDING DATE: MARCH 29, 1993 RECORDING NO.: 9303290065 (VOLUME 38, PAGE 206) 3. NOT SURVEY RELATED. 4. EASEMENT AGREEMENT FOR UTILITY TRANSMISSION LINES RECORDING DATE: APRIL 29, 2021 RECORDING NO.: 202104290128 (AS SHOWN) 5. TERMS AND CONDITIONS OF UNRECORDED EASEMENT AS DISCLOSED BY STATUTORY WARRANTY DEED RECORDING DATE: MAY 13, 2021 RECORDING NO.: 202105130184 6. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: WEST SOUND UTILITY DISTRICT PURPOSE: WATER AND/OR WASTEWATER MAINS, PUMPS, APPURTENANCES THERETO AND FOR OTHER FUTURE UTILITIES AND APPURTENANCES DEEMED NECESSARY BY GRANTEE RECORDING DATE: MAY 13, 2021 RECORDING NO.: 202105130184 7-8. NOT SURVEY RELATED. 9. THIS ITEM INTENTIONALLY DELETED. 10. EASEMENT(S) FOR THE PURPOSE(S) SHOWN BELOW AND RIGHTS INCIDENTAL THERETO, AS GRANTED IN A DOCUMENT: GRANTED TO: PUGET SOUND ENERGY, INC. PURPOSE: UTILITY SYSTEMS RECORDING DATE: DECEMBER 22, 2021 RECORDING NO.: 202112220179 T SHEET LAYOUT + I I I IUNPLATTED ; UNPLATTED — —------ ------� - - - -- 1 I I 1 TRACT A Q I I a I _z � I Iz TR RACT ACT — — — — -�2 B z j� I I I Q I I ? I 25 I a I � I i I 24 E23 II II II 31 30 29 28 27 26 22 SCALE: 1 "= 100' 100 0 100 200 I I I I MAGNOLIA RIDGE VOL. 35, PG. 1RB-14�2 II TRACT I L C32 33 34 1 2 3 4 I --- - ----- r'--------------- ---- ------ ----- ------ ------ i I SFNORDA MANN LOOP ------------TRACT F -- 46 35 I 5 O; ''WAA I L8� v/Iz 45 36 1 ZIa,44371 0 co O � IZ I 1 v I 1 43 38 mr - i 9 42 39 I I I I I I I 1 I I 41 40 � I I \ � I I . I ------------ TRACT E --- 1� \ I --- SE NORDM — ANN LOOP }-------- 3 - I 21 0 20 19 18 17 CD BLA AFN. 20OB11040156 W SP-4379 10 ;p � 11 � IL a w � 12 I =711 16 j 15 114 13 SP-1416 L0 W LLI C0 Page 228of317 LU22-Plat Final-01 Back to Agenda PLAT OF GEIGER ROAD I 1 UNPLATTED SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON MAGNOLIA RIDGE UNPLATTED VOL. 35, PG. 188-192 J I S2' 24'46"W_ 15.00' 589.02'20"E 653.82' SE BLUEBERRY ROAD U) N89'02'20"W 633.88' 5. 1 75.02' 60.02' 1 60- 02' 58.02' 40.01 ' 40.01 ' 40.01 ' 48.02' 1 v EASEMENT AGREEMENT FORM UTILITY TRANSMISSION LINES I w TRACT C m 00 � � M PER AFN. 202104290128 1 d SEWER PUMP n c�1 0 oN w 0 0 0 0^ TO BE EXTINGUISHED UPON 1 d STATION THE RECORDING OF THIS PLAT 1 1 z 5,658 SF w 3`2 w 33 w 34 /930J N `r 6,062 SF �759J 6,1 78 SF l 65J d_ 6,011 SF J N4,195 SF 2 d- 4,235 SF 3 4,276 SF 4 5,051 SF TRACT A S87'35'13"E 75.00' N cv z N z �77>% [V �77.�J �783J l �89J �795J STORM/POND - - - - - - z _ om 39,362 SF -- C2 34.00' --- 60.00'- - - - - - - - ------ 60.00'PUBLIC 40.00'40.00' ----- - _-__d2LO -40.00'0'-� WATER &� pp/58-00' SANITARY SEWER EASEMENT I 1 ��� �, •O _ N ram_ SE NORDMANN LOOP AFN. 202204110091 I ' �,`� — - - - N8T35'13"W 196.00' _ N - CD C) ��1 j;, N _ N87-35'13"W 144.00' - �i 6 / \' 00 0 �0 v N rn o_ N87'35'13"W 129.95' /ti o � C2�_ _—LANQ.S.CAP.IN.0 - _ 156.00' L3--- TRACT F /�� 3 N87'35'13"W --- N87'35'13"W 93.33' _��� 3,228 S�--- L14 `� f (c� / 5s.00' ----------- 0 0 78.40' / N87'35'13"W 120.00' I 5 0 6,1 `5331 SF u ��o/// 46 /o 0 1 10' PUBLIC UTILITY EASEMENT --J 0 �, j 4,561 SF �7351 I / 6,045 SF n o 35 � 0 24' 24' ;� 1 �4455� a LO N87'35'13"W 120.00' I I l �740J n 6,000 SF 1 io z4460J 1 S87'35'13"E 100.00' c`vv �1 I 1 TRACT B o 10' PUBLIC UTILITY EASEMENT ----I f' t I N87'35'13"W 120.00' PUBLIC UTILITY EASEMENT N87'35' 13"W 120.00' 1 W 0� 01 o I 6 00 4,000 SF 0 0 PARK o o l0 24' b 1--10 24' o 1 45 0 1 1 W I 1- J 00 d 17,823 SF u-) 6,000 SF �729J 1 o I' 0 I ' 1 6,000 SF o 0 0 - 36 o l 0 Z Q o o I 1 S87'35'13"E 100.00' N87'35'13"W 120.00' j IL O 1 0 1 (7.30J o � 6,000 SF �4470J j "� _J I I o f 7 o N w p J ' °' I I N87'35'13"W 120.00' o w I I -J O ',' I 1 4,000 SF 1'4471J o o o v 0 l 29 j o Z o f N87'35'13"W 120.00' I I � N S87'35' 13"E 100-0�3 N N s,000 SF -723% o 1 Z Q I �* o f 44 N o 00 1 37 I 0 m z I PUBLICUTILITYEASEMENT I Ln I I 6,000 SF �720J z U-) 6,000 SF i o I 1�-10' o I o N87'35'13"W 120.00' I ❑ I �44BOJ o I 000SFo0 15' STORM, UTILITY & PED. ACCESS � Z -- IN8T35'13"W N8T35'13"W 120.00' I I EASEMENT I 120.00' o 'n 6,00o sF 0 � 16 w l a)0 00 i 43 0 1 38 l0 "3E 1-717-1 ' `n 1 6,000 SF �716 6 �n 6,000 SF 1 0 i i 1-4910J10 Line Table Line # Length Direction L1 3.00 S2'24'47"W L13 4.00 S2'24'47"W L14 2.00 S2'24'47"W Curve Table Curve # Length Radius Delta C1 39.27 25.00 90'00'00" C2 26.22 116.00 12'57'08" C3 48.39 116.00 23'54'07" C20 62.39 68.00 52'34'19" C21 44.42 68.00 37'25'41 " C22 25.13 16.00 90-00.00" C23 25.13 16.00 90'00'00" C24 39.27 25.00 90'00'00" MATCH LINE SEE SHEET 5 EASEMENT PROVISIONS UTILITY EASEMENTS: THE UNDERSIGNED HEREBY GRANTS, CONVEYS, AND QUIT CLAIMS TO THE PLAT OF GEIGER ROAD HOMEOWNER'S ASSOCIATION, PUGET SOUND ENERGY, LUMEN/WAVE BROADBAND, WEST SOUND UTILITY DISTRICT, CITY OF PORT ORCHARD PUBLIC WORKS, THE COUNTY OF KITSAP, AND OTHER UTILITY COMPANIES HAVING FRANCHISES OR PERMITS FROM THE CITY OF PORT ORCHARD, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE EASEMENT UNDER, ACROSS, THROUGH, AND UPON A "10 FOOT UTILITIES EASEMENT" ADJACENT TO THE PUBLIC AND PRIVATE ROADWAYS ON EACH LOT FOR THE PURPOSE OF CONSTRUCTION, RENEWAL, OPERATION, USE, AND MAINTENANCE OF UNDERGROUND CONDUITS, CABLE, PIPELINE, AND WIRES, TOGETHER WITH THE NECESSARY FACILITIES AND OTHER EQUIPMENT APPURTENANT THERETO, INCLUDING GROUND -MOUNTED APPURTENANCES, FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, COMMUNICATIONS, DRAINAGE, AND OTHER UTILITY SERVICE, TOGETHER WITH THE RIGHT OF REASONABLE ACCESS TO SAID PROPERTY AND TO ENTER UPON ALL TRACTS AND LOTS LOCATED WITHIN THE PLAT OF HOGAN HEIGHTS, TO FACILITATE THE PURPOSES SET FORTH HEREIN. ALL UTILITY EASEMENTS SHOWN SHALL BENEFIT THE ABOVE LISTED ENTITIES AND THE LOTS THEY TOUCH. PRIVATE STORM DRAINAGE EASEMENTS: THE 15' AND 60' WIDE PRIVATE STORM DRAIN EASEMENTS UNDER AND ACROSS THE LOTS AS DEPICTED ON THIS PLAT, ARE HEREBY GRANTED AND CONVEYED TO THE GEIGER ROAD HOMEOWNERS ASSOCIATION. THE GEIGER ROAD HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF THE ON SITE STORM DRAINAGE SYSTEMS. PUBLIC WATER EASEMENT: A EASEMENT IS HEREBY RESERVED AND GRANTED TO WEST SOUND UTILITY DISTRICT, ITS SUCCESSORS AND ASSIGNS, A PERPETUAL NONEXCLUSIVE EASEMENT OVER, UNDER, THROUGH AND ACROSS THE 60' WIDE UTILITIES EASEMENT AS DEPICTED ON THIS FINAL PLAT FOR THE PURPOSE OF CONSTRUCTION, RENEWAL, OPERATION, USE, AND MAINTENANCE OF WATER MAINS, FACILITIES AND APPURTENANCES TOGETHER WITH THE RIGHT TO ENTER UPON SAID EASEMENT AT ALL TIMES. SCALE: 1 "= 50' -- — - — - - 50 0 50 100 F150' 1 \1� LEGEND 15' 1 4- 30' IC6 Q cc cc W 0 W 0 AREA TO BE DEEDED TO THE CITY OF PORT ORCHARD UPON THE RECORDING OF THIS PLAT. SP-4379 QQ SET KITSAP COUNTY STANDARD MONUMENT "LS 50986" • SET REBAR AND CAP "LS 50986" SF SQUARE FOOTAGE OF LOT 1_777J LOT ADDRESS Page 229of317 LU22-Plat Final-01 Back to PLAT OF GEIGER ROAD J o TRACT B a s j PARK cfl + N 17,823 SF N N O o N87'35'13"W 79.33' u) Q 15' STORM, UTILITY & W PED. ACCESS EASEMENT � 25 r 10,266 SF o 0 a r co [699J oo cri a jJ C6 o `D c6 60' PUBLC ACCESS, O + STORM, UTILITY & CDPEDESTRIAN ACCESS EASEMENT � N � 51.32' ��tK N87'35'13"W 1 f 00 24 10,999 SF 23 1-699-1 8,872 SF � N �sa7J CV 8.32' �. f I + 61.84' 1 55.02' Curve Table Curve # Length Radius Delta C4 4.00 116.00 1'58'34" C5 32.17 116.00 15*53'16" C6 15.47 116.00 7'38'31" C7 15.11 116.00 7'27'42" C8 15.01 116.00 7'24'55" C9 15.17 116.00 7'29'43" C10 15.62 116.00 7'42'53" C11 34.65 116.00 17'07'01 " C12 18.58 1 116.00 9'10'37" SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER SECTION 2, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M. CITY OF PORT ORCHARD, COUNTY OF KITSAP, STATE OF WASHINGTON MATCH LINE SEE SHEET 4 1 0 01 I I 6,000 SF 10 01 43 o 1 o I 9 j 1-717J 1 in rn 'r)1 6,000 SF o 6, 00 SF I I o 1 4,000 SF o 1 I Z"716J o `n �4510J 1 O v i 1-45051 O N87'35'13"W 120,00' I I M iW I S87'35'13"E 100.00' I 1 I N87 35'13"W 120.00' '�' N87'35'13"W 120.00' 1 W 1 10 27 l 0 I N 0 �--10' PUBLIC UTILITY EASEMENT � 0 01 0 6,000 SF 1 q `" m 42 N o 10' PUBLIC UTILITY EASEMENT --j _ Q o 6 4� 521 F O 1 J �711J 1 24' 24' T 1 6,000 SF z o 39 ! o J I aMo I 4 0 1 / I ��08J 'O 6,000 SF 1 o J ,,, SJ"E '"100.00' N87'35'13"W 120.07' 1 ffIC19 �4520J I O ;, I 1 t--10ILITY EASEMENT 26 I I N87'35'13"W 119.99, 1 (� o I 06,075 SF I t N87'35'13"W 120.00' I z61 F� tPUBLIC WATERJ& SANITARY \ 41 o a40 0 m 1 S8100.00'SEWER EASEMENT C�6,018 SF o OAFN. 202204110092 0 �, C Z700` n 6,00 �0 nN8T35'13"W 81.18' \ 6' v ��\ 4530 I F `"%\�O. �N87'35'13"W 91.99' L12 N87'35'13"W 120.00' 1 24' 24' nI NN87'35'13"W 101.47' \ '0 O 1� LANDSCAPING --- TRACT E L11 I�O� 000. 156.00 3,015 SF----- 1� 1 n-------- ��N87'35'13"W 87.82' I \ �A `S IC� A S87'35'13"E 75.17' phi ��\ 9�''O sl -__ _ SE NORDMANN LOOP i N87'35' 13"W 196.00' 146.50' �p N87'35'13"W 144.00' L7 3.08' C17 I C 12 37.50' N - - _ - - - - 57.00' 57.50' 40.00' - - - - - - - - - - - - - 40.00' 40.00' 23.00' I CN n C] CD Q 0 W 1 m 00 w 0 O O 00 W O 0 o N O 22 21 20 19 Lz 18 17 W ID 8,018 SF 6,717 SF r� ``' 6,361 SF 6,018 SF !� 16 w 15 w 14 w 13 N J 'l- J J 6,040 SF i� 6,015 SF T� N l6'81J N 675 'It�* 669 663 1 ` �r 4,138 S F T- z z N �r J �657J N /- _/ 645 4,100 SF ^ 4,062 SF 4,691 SF v (V N N N m�6.39J 1627J �r z Z Z z z Z cV N N n o z z z 55.02' 55.02' 1 L9 56.02' 56.02' 57.02' 57,52' - - - - - _ - S88'5-(!� E 36.50' S88'59'34"E 656.56' I Curve Table Curve # Length Radius Delta C13 39.27 25.00 90'00'00" C14 39.27 25.00 90'00'00" C15 25.13 16,00 90'00'00" C16 25.13 16.00 90'00'00" C17 42.75 68.00 36'01'08" C18 63.07 68.00 53'08'19" C19 1.00 68.00 0'50'33" C25 25.13 16.00 90'00'00" BL,A AFN. 200811040156 Line Table Line # Length Direction L2 34.99 N56'42'44"E L3 36.07 N56'42'44"E L4 39.20 N56'42'44"E L5 44.29 N56'42'44"E L6 51.34 N56'42'44"E L7 25.00 N87'35'13"W L8 29.49 N56'42'44"E L9 15.00 N88'56'49"W L10 28.46 N56'42'44"E L11 1.00 N2'24'47"E L12 4.00 S2'24'47"W L15 76.00 S2'24'47"W LOT ADDRESSES LOT # ADDRESS 1 777 SE NORDMANN LOOP 2 783 SE NORDMANN LOOP 3 789 SE NORDMANN LOOP 4 795 SE NORDMANN LOOP 5 4455 BRISTOL LANE SE 6 4463 BRISTOL LANE SE 7 4471 BRISTOL LANE SE 8 4479 BRISTOL LANE SE 9 4505 BRISTOL LANE SE 10 4521 BRISTOL LANE SE 11 4529 BRISTOL LANE SE 12 4539 BRISTOL LANE SE 13 627 SE NORDMANN LOOP 14 633 SE NORDMANN LOOP 15 639 SE NORDMANN LOOP 16 645 SE NORDMANN LOOP 17 651 SE NORDMANN LOOP 18 657 SE NORDMANN LOOP 19 663 SE NORDMANN LOOP 20 669 SE NORDMANN LOOP 21 675 SE NORDMANN LOOP 22 681 SE NORDMANN LOOP 23 687 SE NORDMANN LOOP 40.01 ' 1 40.01 ' 1 40.01 ' LOT ADDRESSES LOT # ADDRESS 24 693 SE NORDMANN LOOP 25 699 SE NORDMANN LOOP 26 705 SE NORDMANN LOOP 27 711 SE NORDMANN LOOP 28 717 SE NORDMANN LOOP 29 723 SE NORDMANN LOOP 30 729 SE NORDMANN LOOP 31 735 SE NORDMANN LOOP 32 759 SE NORDMANN LOOP 33 765 SE NORDMANN LOOP 34 771 SE NORDMANN LOOP 35 4460 BRISTOL LANE SE 36 4470 BRISTOL LANE SE 37 4480 BRISTOL LANE SE 38 4510 BRISTOL LANE SE 39 4520 BRISTOL LANE SE 40 4530 BRISTOL LANE SE 41 700 SE NORDMANN LOOP 42 708 SE NORDMANN LOOP 43 716 SE NORDMANN LOOP 44 720 SE NORDMANN LOOP 45 730 SE NORDMANN LOOP 46 740 SE NORDMANN LOOP TRACT C 930 SE BLUEBERRY RD. 48.01' r• Lq os n 01 O +i Co w N N z 1 I 1 N M a m Q W 0 W 0 3 N 15' I (n 30' AREA TO BE DEEDED TO THE CITY OF PORT ORCHARD UPON THE RECORDING OF THIS PLAT SP-1418 SCALE: 1 "=100' 100 0 100 200 LEGEND SET KITSAP COUNTY STANDARD MONUMENT "LS 50986" • SET REBAR AND CAP "LS 50986" SF SQUARE FOOTAGE OF LOT Z777J LOT ADDRESS Page 230of317 LU22-Plat Final-01 CITY OF PORT ORCHARD Public Works Back to Agenda 216 Prospect Street, Port Orchard, WA 98366 Voice: (36o) 876-4991 • Fax: (36o) 876-498o thunter@cityofportorchard.us www.cityofportorchard.us Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 May 17, 2022 Re: Recommendation of Approval of Final Plat for the Plat of Geiger Road Subdivision 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 February 13, 2020; the conditions of the SEPA Mitigated Determination of Non -Significance issued December 23, 2019; and Conditions of Approval for the Minor Preliminary Plat Amendment Decision dated February 26, 2021. The subdivision as presented complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I also state that the City of Port Orchard has confirmed that the conditions of West Sound Utility District Developer's Extension Contract have been satisfied for sewage disposal and water supply. 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/unaccepted 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 Cc: Nick Bond — Development Director File Page 231 of 317 CITY OF PORT ORCHAIF - to Agenda Development Director Back 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o planning @ cityofportorchard.us www.cityofportorchard.us May 16, 2022 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for the Plat of Geiger Road Subdivision, LU22- 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 and Mitigation Measures within the City of Port Orchard Hearing Examiner's Findings, Conclusions and Decision dated February 13, 2020; the conditions of the SEPA Mitigated Determination of Non -Significance issued December 23, 2019; and Conditions of Approval for the Minor Preliminary Plat Amendment Decision dated February 26, 2021. 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. Sincerely, Nicholas Bond, AICP City Development Director Page 232 of 317 Back to Agenda BILL OF SALE THIS BILL OF SALE is made and executed this /9 -,,A- day of e'o , 2U2,by and between _ Richmond American Homes of Washington a Colorado : 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: Stormwater conveyance system, roadway improvements within the plat of Geiger Road 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 l��c'�.. Washington, this day of ✓���/ , 20'Z2- [Remainder of page intentionally left blank] PASurety forms\Bill of Sale\approved by Interim Atty\Bill of Sale —Master Form GRANTOR: M i` P Adel, Page 233 of 317 Back to Agenda STATE OF WASHINGTON ) COUNTY OF ��►N(-t ass On this 10X` day of 20 ZZ, before me personally appeared Wy- AW156NDUg to me known to be the managing member for 'Q.UMDNV 11ME1-10AW �"MrS a limited liability corporation, that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. Given under my hand and official seal this Vf day of ML\ 202L. P,•'•�c,S\QN Notary Public in and for the State of Washington, ;' ° NpTARY �N•, residing in Q VNA ••• `'�P PUBUCryoo� �o=` My commission expires OZ►2T�� 2UZ.H ��. oseNumbe'.• Dated at Port Orchard, Washington, this __J_11�day of 20�Z CITY OF PORT ORCHARD By: Ma R. Dorsey, P , Public Works Direc r 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 PASurety forms\Bill of Sale\approved by Interim Atty\Bill of Sale —Master Form Page 234 of 317 EXHIBIT A — List of Improvements Storm Drainage 6-inch Storm Pipe 12-inch Storm Pipe 18-inch Storm Pipe Type 1 Catch Basins Type 2- 48" Catch Basins Stormwater Control Structure Detention Pond Road Construction Curb and Gutter Sidewalks Pavement Section Survey Monuments Street Signs Stop Bars ADA Ramps Driveway Approaches Mailboxes and pads Back to Agenda Page 235 of 317 CES NW Inc. Civil Engineering & Sui veving Project: Geiger Road - 46 Lots, Port Orchard Bill of Sale EXHTBTT B Back to Agenda 429 - 29th St. N.E., Suite D Puyallup, WA 98372 Phone: (253) 848-4282 Job #: 20186 Date: 5/10/2022 ITEM UNIT NO. DESCRIPTION NO. UNITS PRICE COST STORM DRAINAGE SYSTEMS 30.001 Quarry Spalls Riprap 15 CY $170.00 $2,550.00 30.003 CPEP Drain Pipe 6" Dia. 2,735 LF $30.00 $82,050.00 30.005 CPEP Drain Pipe 12" Dia. 2,814 LF $41.00 $115,374.00 30.006 CPEP Drain Pipe 18" Dia. 486 LF $60.00 $29,160.00 30.013 14DPE Pipe 12" 75 LF $105.00 $7,875.00 30.049 Type 1-L Catchbasin 4 EA $1,500.00 $6,000.00 30.050 Type 1 Catchbasin 31 EA $1,400.00 $43,400.00 30.094 Rock -Lined Ditch, with Quarry Spalls 890 LF $14.00 $12,460.00 30.103 6" Roof Drain Cleanouts (No Concrete Collar) 50 EA $530.00 $26,500.00 SUBTOTAL SEC. 30.00 $325,369.00 ROAD CONSTRUCTION 40.007 Gravel Base, WSDOT SPEC 9-03.9(3) 1,150 CY $56.00 $64,400.00 40.013 Crushed Surfacing Top Course 391 CY $74.00 $28,934.00 40.017 2" HMA Class 1/2" 6,900 SY $15.50 $106,950.00 40.026 Cement Cone. Curb & Gutter 4,155 LF $16.25 $67,518.75 40,029 Asphalt Thickened Edge Curb 577 LF $2.50 $1,442.50 40.039 2-Inch HMA - AC Overlay with Edge Grinding 173 SY $18.50 $3,200.50 40.043 Roadway Survey Monumentation (including survey 8 EA $600.00 $4,800.00 work) SUBTOTAL SEC. 40.00 $277,245.75 TRAFFIC CONTROL 50.002 Plastic Stop Bar 20 LF $3.00 $60,00 50.007 Stop/ street Signs 4 EA $250.00 $1,000.00 50.008 "No Parking" Signs 6 EA $150.00 $900.00 SUBTOTAL SEC._50.00 $1,960.00 SIDEWALKS 60.002 Concrete Sidewalk (4-inch thick) 20,454 SF $4.00 $81,816.00 60.006 ADA Ramps 9 EA $3,000.00 $27,000.00 60.007 Concrete Driveway Approach 47 EA $1,200.00 $56,400.00 SUBTOTAL SEC. 60.00 $165,216.00 'me: Civil Bill gj'Salaxla• ill012022 4:42 PM Page 1 of 2 Page 236 of 317 Project: Geiger Road - 46 Lots, Port Orchard Bill of Sale EXHIBIT B Back to Agenda Job #: 20186 Date: 5/ 10/2022 ITEM UNIT NO. DESCRIPTION NO. UNITS I PRICE COST LIGHTING -MAILBOXES -UTILITIES 70.009 Mail Boxes (Clustered) 70.011 Mailbox Pads 3 EA $2,100.00 $6,300.00 3 EA $1,000.00 $3,000.00 SUBTOTAL SEC. 70.00 $9,300.00 SECTION TOTALS $779,090.75 SALES TAX 9% $52,588.63 CONTINGENCY 15% $116,863.61 GRAND TOTAL $948,542.99 Z4'Xv one: Cirri 13M of Sale.ds .i 10 2022 4:42 PAI Page 237 of 317 Page 2 of 2 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the hvo years Maintenance/Warranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT# SURETY BOND #: 800125961 DATE ACCEPTED: PROJECT COMPLETION DATE: July 2022 RE: Project Name: Geiger Road Owner/Developer/Contractor: Richmond American Homes of Washington, Inc. Project Location: SWC of Blueberry Road & Geiger Road Richmond American Homes KNOW ALL PERSONS BY THESE PRESENTS: That we, of Washington. Inc. (hereinafter called the "Principal"), and . Atlantic Specialty Insurance Company a corporation organized under the laws of the State of New York , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Sixty Four Thousand Six Hundred Fifty and 00/100ths ($ 64,650.00 ), 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: Remaining construction improvements for Geiger Road Plat ; and WHEREAS, the agreement with the City requires that certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the agreement with the City requires that the improvements are to be made or constructed within a certain period of time, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: A. Conditions, 1. The improvements to be constructed by the Principal include: (Insert complete description here or add summary here and refer to a separate detailed description attached as GChibil A) Rockery Demolish and Rebuild, Sidewalk Demolish and Repour, 4' Fence Demo and Rebuild, Landscape Removal and Replant Page 1 of 6 Surety Forms\PW Clvil\Approved by lighthouse Atty\SEC 6-27-16\05.01-20 Page 238 of 317 Back to Agenda 2. The Principal must construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above - referenced project. in addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by July 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. 5. 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 ofi:ight Thousand Six Hundred Twenty and o0/i ooths dollars ($ 8,620.00 ), 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(l)(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 pant 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\05.01-20 Page 239 of 317 Back to Agenda C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terns 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 perfonmed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 3 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27-16\05-01-20 Page 240 of 317 DATED this 11 th day of May , 2022 . SURETY COMPANY (Signature must be notarized) By•. Print Name: Maria Pena, Attorney -in -Fact Business Name: Atlantic Specialty Insurance Company Business Address:605 U.S. Highway 169, 8th Floor City/State/Zip Code: Plymouth, MN 55441 Telephone Number: 781-332-8120 Back to Agenda PRINCIPAL (Signature must be notari F-0�—W/A Bv: �`Sr Its y#0 er Print Name: VyxN 6N E-y- Business Name: Richmond American Homes of Washington, Inc. Business Address: 20819 72nd Avenue South, Suite 110 City/State/Zip Code: Kent, WA 98032 Telephone Number: 206-375-5592 CITY OF PORT ORCHAR ACCEPTED DATE: l� BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/S'rA'rE/•ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Surety Forms\PW Clvii\Approved by lighthouse Atty\SEC 6-27-16\05-01-20 Page 241 of 317 Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) 1 certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (lie/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OFI,_) I certify that I know or have satisfactory evidence that TM W&wuf is the person who appeared before me, and said person acknowledged as the VP OF FI NO NLE of Z1CWMVWV amektaN B*AAEC�' 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. `,,,,, ii, i 11 I f"I'II P •''�sioN E '•. �eP�o .25-2o?,, ;;per'. ° �ApTARY 1P PUWG 0.........N��C� F WAS Dated: signature AW Ley V-&C-Q l print name NOTARY PUBLIC in and for the State of Washington, residing at: �L VzDt3 I W A My Commission expires: 0112151 107-H Page 5 of 6 Surety Forms\PW Civil\Approved by Lighthouse Atty\SEC 6-27.16\05-01.20 Page 242 of 317 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Surety Company Only) See attached ACKNOWLEDGMENT STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Page 6 of 6 Surety Forms\PW CMI\Approved by Lighthouse Atty\SEC 6-27-16\05.01-20 Page 243 of 317 Back to Agenda CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT Civil Code § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. State of California ) ss County of Los Angeles ) ' e v� ��s., On , before me, Natalie K. Trofimoff, Notary Public, personally appeared Maria Pena , who proved to me on the basis of satisfactory evidence to be the personk4 whose name44 is/are subscribed to the within instrument and acknowledged to me that #e�sheAley executed the same in himgherA4eei-r authorized capacity{�, and that by 4iqherAheiF signatureko on the instrument the person{s4, or the entity upon behalf of which the personk4 acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NATA LIE K. TRQFIi1CiFF COMM # 2 i+3129 > Notary pob f - C rnla =� z LOS AN'GR'7.S COUNTY 9'tY My Cotnm Expire%00T 22. 202: (Seal) Signature: do Natalie K. Trofimoff, Notary Pubic Page 244 of 317 Iin ac Back to Agenda INSURANCE I over of Attorney KNOW ALL MEN BY THESE PRESENTS, that ATLANTIC SPECIALTY INSURANCE COMPANY, a New York corporation with its principal office in Plymouth, Minnesota, does hereby constitute and appoint: E.S. Albrecht, Jr., C.K. Nakamura, Tim M. Tomko, Noemi Quiroz, Maria Pena, Lisa L. Thornton, Patricia S. Arana, Natalie K. Trofimoff, Jessica Rosser, each individually if there be more than one named, its true and lawful Attorney -in -Fact, to make, execute, seal and deliver, for and on its behalf as surety, any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof; provided that no bond or undertaking executed under this authority shall exceed in amount the sum of: unlimited and the execution of such bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof in pursuance of these presents, shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the President, any Senior Vice President or Vice -President (each an "Authorized Officer") may execute for and in behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto; and that the Authorized Officer may appoint and authorize an Attorney -in -Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto; and that the Authorized Officer may at any time remove any such Attomey-in-Fact and revoke all power and authority given to any such Attorney -in - Fact. Resolved: That the Attorney -in -Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof, and any such instrument executed by any such Attorney -in -Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and, further, the Attorney -in -Fact is hereby authorized to verify any affidavit required to be attached to bonds, recognizances, contracts of indemnity, and all other writings obligatory in the nature thereof. This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September, 2012: Resolved: That the signature of an Authorized Officer, the signature of the Secretary or the Assistant Secretary, and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attorney -in -Fact for purposes only of executing and sealing any bond, undertaking, recognizance or other written obligation in the nature thereof, and any such signature and seal where so used, being hereby adopted by the Company as the original signature of such officer and the original seal of the Company, to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF, ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this twenty-seventh day of April, 2020. \P01 IN�gU9 ;;QG.'GpRPORATF , 0' SEAL 1986 61 By STATE OF MINNESOTA sye ti... YQQ "db' Paul J. Brehm, Senior Vice President HENNEPIN COUNTY ''lib *�',. On this twenty-seventh day of April, 2020, before me personally came Paul J. Brehm, Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY, to me personally known to be the individual and officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, that he is the said officer of the Company aforesaid, and that the seal affixed to the preceding instrument is the seal of said Company and that the said seal and the signature as such officer was duly affixed and subscribed to the said instrument by the authority and at the direction of the Company. ALISON DWAN NASH•TROUT NOTARY PUBLIC • MINNESQTA My Commission Expires a January 31, 2025 . lultly Notary Public I, the undersigned, Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY, a New York Corporation, do hereby certify that the foregoing power of attorney is in full force and has not been revoked, and the resolutions set forth above are now in force. Signed and sealed. Dated day of MAY 1 A V1 -:1-2 0 2L ryG"pRPORgTF;9 SEAL m- Y`., 1986 6 This Power of Attorney expires '-2e •+FW YOVI db January 31, 2025 Kara Barrow, Secretary Please direct bond verifications tosuret1Laintactinsurance.com City of Port Orchard Back to Agenda 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 8H Subject: Adoption of a Resolution Approving a Contract with Central Paving, LLC for the 2022 City -Wide Asphalt Repair Project Meeting Date: May 24, 2022 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No.: Atty Review Date: 366922-0009 — PW May 19, 2022 Summary: The City needs to routinely repair asphalt on City Streets. By this resolution, the City Council would authorize the Mayor to execute a contract with Central Paving, LLC for the 2022 City Wide Asphalt Repair Project. Pursuant to Resolution No. 036-22, Section 5 Bid Procedures, the City's Public Works Department prepared an Invitation to Bid, solicited bids in the Kitsap Sun and Daily Journal of Commerce on March 25, 2022, and April 1, 2022, and on March 25, 2022, staff uploaded the bid documents to the Washington Builder's Exchange and the City's Webpage. On April 1, 2022, by the 10:00am bid deadline, the City Clerk received five (5) sealed bids. After confirming that there were no objections made and that there were no challenges to the Public Opening process, the five (5) sealed bids were opened and read aloud by the City Clerk. Bids were received prior to the April 1, 2022, 10:00am deadline as follows: Name of Contractor Bid Total Lakeside Industries, Inc $802,428.50 Central Paving, LLC $690,347.40 Tucci & Sons, Inc $703,712.50 Granite Construction Company $776,871.50 Puget Paving & Construction, Inc $718,906.00 The City Clerk then prepared a Bid Tabulation form and a Bid Evaluation form (including applicable taxes, labor, equipment, material, and fees), it was determined that the lowest qualified, responsible and responsive bid was provided by Central Paving. On May 3, 2022, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and confirmed that the Central Paving, LLC bid of $690,347.40 was the lowest qualified, responsible, and responsive bid. The Public Works Department also reviewed all materials and confirmed that the bidding requirements for this public work have been followed. Recommendation: Staff recommends that the City Council adopt Resolution No. 029-22, thereby approving Contract No. C046-22 with Central Paving, LLC for the 2022 City Wide Asphalt Repair project contract in the amount of $690,347.40 (applicable taxes included). Page 246 of 317 `taff Report 8H Back to Agenda Page 2 of 2 Relationship to Comprehensive Plan: Chapter 8: Transportation. Motion for Consideration: I move to adopt Resolution No. 029-22, thereby approving Contract No. C046- 22 with Central Paving, LLC for the City -Wide Asphalt Repair project in the amount of $690,347.40. Fiscal Impact: Road repairs are budgeted in the 2021-2022 Biennial Budget. (002.05.542.30.40) Alternatives: Do not approve. Attachments: Resolution No. 029-22 and Contract No. C046-22. Page 247 of 317 Back to Agenda RESOLUTION NO. 029-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. C046-22 WITH CENTRAL PAVING, LLC FOR THE 2022 CITY WIDE ASPHALT REPAIR PROJECT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City routinely repair asphalt on City streets, and identified the need for the 2022 City Wide Asphalt Repair Project (the "Project") to occur this year; and WHEREAS, pursuant to the City's Procurement Policies and Procedures, Resolution No. 036-22, Section 5 Bid Procedures, the City's Public Works Department prepared an Invitation to Bid for this Project, advertised in the Kitsap Sun and Daily Journal of Commerce on March 25, 2022 and April 1, 2022, and on March 25, 2022, staff uploaded the bid documents to the Washington Builder's Exchange and the City's Webpage for the 2022 City Wide Asphalt Repair project; and WHEREAS, on April 21, 2022, by the 10:00 am bid deadline, the City Clerk received five (5) sealed bids; and WHEREAS, after confirming that there were no objections made and that there were no challenges to the Public Opening process, the five (5) Sealed Bids were opened and read aloud by the City Clerk; and WHEREAS, the City Clerk prepared a Bid Tabulation form and a Bid Evaluation form, and made an initial determination that the lowest qualified, responsible, and responsive Bid was provided by Central Paving, LLC; and WHEREAS, on May 3, 2022, the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist on Central Paving, LLC, and confirmed that Central Paving, LLC submitted the lowest qualified, responsible, and responsive Bid, and further confirmed that all applicable bidding procedures were followed for this Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to execute Contract No. C046-22 with Central Paving, LLC, for the 2022 City Wide Asphalt Repair project; Page 248 of 317 029-22 Back to Agenda , 2 of 2 THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 241" day of May 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 249 of 317 Back to Agenda CONTRACT CITY OF PORT ORCHARD 2022 CITY WIDE ASPHALT REPAIR PROJECT CONTRACT NO. C046-22 THIS CONTRACT ("Contract") is made and entered into this 24th day of May 2022, by and between the City of Port Orchard, a municipality incorporated and existing under the laws of the State of Washington, hereinafter called the "City," and Central Paving, LLC, hereinafter called the "Contractor." WITNESSETH: I. General Provisions. A. Description of Work. The Contractor, in consideration of the covenants, agreements and payments to be performed and made by the City, hereby covenants and agrees to furnish all labor, tools, materials, equipment and supplies required for, and to execute, construct and finish in full compliance with the Contract Documents, 2022 City Wide Asphalt Repair Project. The Contractor further agrees to perform all such work for the Contract Price stated in the Contractor's Bid Proposal dated April 21, 2022, attached hereto and incorporated herein by this reference as if set forth in full. Contractor further represents that the services furnished under this Agreement will be performed in accordance with and as described in the attached plans and specifications and with the Port Orchard Municipal Code, the City's Public Works Standards, which includes (but is not limited to) the 2021 edition of the WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (which shall apply except where noted otherwise). All of these standards are by this reference incorporated herein and made a part hereof. Contractor further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices within the Puget Sound region in effect at the time such services are performed. The Contract Documents include: Exhibit A -a confirmed copy of the Proposal made by the Contractor on April 21, 2022, together with the Instructions to Bidders. Exhibit B —The Project Manual for the 2022 City Wide Asphalt Repair Project. Exhibit C — Retainage Options Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-1 Page 250 of 317 Back to Agenda All Exhibits to this Contract are by this reference incorporated herein and made a part hereof as if set forth in full. B. Time of Completion. Time is of the essence of this Contract. It is agreed that the work covered by this Contract shall start within 14 calendar days after Notice to Proceed is issued and that all construction shall be complete within 50 working days after the Notice to Proceed Date. C. Liquidated Damages. It is further agreed that the City will suffer damage and be put to additional expense in the event that the Contractor shall not have the specified portions of the work completed in all its parts in the time specified, and as it may be difficult to accurately compute the amount of such damage, the Contractor expressly covenants and agrees to pay to the City liquidated damages, the sum as calculated by the equation shown in Section 1-08.9 of the WSDOT Standard Specifications, for each and every working day said work is not complete beyond the time shown in the Proposal. II. Non -Discrimination. During the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to compliance with the following 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 Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-2 Page 251 of 317 Back to Agenda 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). Title VI of the Civil Rights Act of 1964 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 ensure that its contracts comply with these regulations. Also, in accordance with Title VI, the City is required to include the following clauses in every contract subject to Title VI and its related regulations. Therefore, during the performance of this Contract, the Contractor, for itself, its assignees, and successors in interest agrees as follows: Compliance with Regulations: The Contractor will comply with the Acts and the regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Contract. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-3 Page 252 of 317 Back to Agenda 2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Contract, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Contract covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor's obligations under this Contract and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the Non- discrimination provisions of this Contract, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Contractor under the Contract until the Contractor complies; and/or 2. cancelling, terminating, or suspending the Contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-4 Page 253 of 317 Back to Agenda City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. III. Public Records Act Chapter 42.56 RCW Contractor understands that her/his bid response documents, and any contract documents may be subject to release under the Public Records Act Chapter 42.56 RCW and the City may be required to disclose such documents upon a request. Contractor acknowledges that s/he has been advised to mark any records believed to be trade secrets or confidential in nature as "confidential." If records marked as "confidential" are found to be responsive to the request for records, the City as a courtesy to the Contractor, may elect to give notice to Contractor of the request so as to allow Contractor to seek a protective order from a Court. Contractor acknowledges and agrees that any records deemed responsive to a public records request may be released at the sole discretion of, and without notice by, the City. IV. Termination The City may terminate this contract for cause or for convenience. 1. Termination for Cause. The City may, upon 7 days written notice to Contractor and to its surety, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for cause upon the occurrence of any one or more of the following events: Contractor fails to complete the work or any portion thereof with sufficient diligence to ensure substantial completion of the work within the contract time; Contractor is adjudged bankrupt, makes a general assignment for the benefit of its creditors, or a receiver is appointed on account of its insolvency; Contractor fails in a material way to replace or correct work not in conformance with the Contract Documents, Contractor repeatedly fails to supply skilled workers or proper materials or equipment; Contractor materially disregards or fails to comply with laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction; or Contractor is otherwise in material breach of any provision of the contract. Upon termination, the City may, at its option, take possession of or use all documents, materials, equipment, tools, and construction equipment and machinery thereon owned by Contractor to maintain the orderly progress of, and to finish, the work, and finish the work by whatever other reasonable method it deems expedient. 2. Termination for Convenience. The City may, upon written notice, terminate (without prejudice to any right or remedy of the City) the contract, or any part of it, for the convenience of the City. 3. Settlement of Costs. If the City terminates for convenience, Contractor shall be entitled to make a request for an equitable adjustment for its reasonable direct costs incurred prior to the effective date of the termination, plus a reasonable allowance for overhead Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-5 Page 254 of 317 Back to Agenda and profit on work performed prior to termination, plus the reasonable administrative costs of the termination, but shall not be entitled to any other costs or damages, whatsoever, provided however, the total sum payable upon termination shall not exceed the Contract Sum reduced by prior payments. V. Corporate Surety Bond With this Contract, Contractor is furnishing a Corporate Surety Bond in the amount of Dollars ($ ) with as Surety, to ensure full compliance, execution and performance of this Contract by the Contractor in accordance with all its terms and provisions. VI. Independent Contractor. The parties intend that an Independent Contractor -Employer Relationship will be created by this Agreement and that the Contractor has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. VII. Employment of State Retirees. The City is a "DRS-covered employer" which is an organization that employs one or more members of any retirement system administered by the Washington State Department of Retirement Systems (DRS). Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form if any of the Contractor's employees providing services to the City retired using the 2008 Early Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008 ERFs, and whether the nature of the service and compensation would result in a retirement benefit being suspended. Failure to make this determination exposes the City to significant liability for pension overpayments. As a result, before commencing work under this Agreement, Contractor shall determine whether any of its employees providing services to the City or any of the Contractor's owners retired using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form provided by the City after this notification is made. This notification to DRS could impact the payment of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's failure to comply with the terms of this provision. This provision shall survive termination of this Agreement. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-6 Page 255 of 317 Back to Agenda Vill. Changes. The City may issue a written change order for any change in the Contract work during the performance of this Agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the person listed in the Notice provision section of this Agreement, within fourteen (14) calendar days of the date Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order. If the Contractor fails to require a change order within the time specified in this paragraph, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment, the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided in subsections A through E of Section IX entitled, "Claims," below. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. IX. Claims. If the Contractor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Contractor may file a claim as provided in this section. The Contractor shall give written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events giving rise to the claims, or within fourteen (14) calendar days of the date the Contractor knew or should have known of the facts or events giving rise to the claim, whichever occurs first. Any claim for damages, additional payment for any reason, or extension of time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement. At a minimum, a Contractor's written claim shall include the information set forth in subsections A, items 1 through 5 below. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-7 Page 256 of 317 Back to Agenda FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. A. Notice of Claim. Provide a signed written notice of claim that provides the following information: 1. The date of the Contractor's claim; 2. The nature and circumstances that caused the claim; 3. The provisions in this Agreement that support the claim; 4. The estimated dollar cost, if any, of the claimed work and how that estimate was determined; and 5. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. B. Records. The Contractor shall keep complete records of extra costs and time incurred as a result of the asserted events giving rise to the claim. The City shall have access to any of the Contractor's records needed for evaluating the protest. The City will evaluate all claims, provided the procedures in this section are followed. If the City determines that a claim is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. C. Contractor's Duty to Complete Protested Work. In spite of any claim, the Contractor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination). X. Limitation Of Actions. CONTRACTOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE CONTRACT WORK IS Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-8 Page 257 of 317 Back to Agenda COMPLETE OR CONTRACTOR'S ABILITY TO FILE THAT CLAIM OR SUIT SHALL BE FOREVER BARRED. THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD. XI. Warranty. Upon acceptance of the contract work, Contractor must provide the City a two-year warranty bond in the amount of twenty percent (20%) of the contract price a form and amount acceptable to the City. The Contractor shall correct all defects in workmanship and materials within two (2) years from the date of the City's acceptance of the Contract work, including replacing vegetation that fails to thrive. In the event any parts are repaired or replaced, only original replacement parts shall be used —rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for that portion of the work shall extend for one (1) additional year from the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time as determined by the City, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. XII. Indemnification. Contractor 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 attorney fees, arising out of or in connection with the Contractor's performance of this Agreement, except for that portion of the injuries and damages caused by the sole negligence of the City. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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 Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. The parties further acknowledge that they have mutually negotiated this waiver. THE PROVISIONS OF THIS SECTION SHALL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-9 Page 258 of 317 Back to Agenda XIII. Insurance. The 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 the Contractor, its agents, representative, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor 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 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products -completed operations, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 1185. There shall be no endorsement or modification of the Commercial General Liability insurance for liability arising from explosion, collapse or underground property damage. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub -subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood and earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. This Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-10 Page 259 of 317 Back to Agenda B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. 3. Builders Risk insurance shall be written in the amount of the completed value of the project with no coinsurance provisions. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Commercial General Liability and Builders Risk insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor'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. D. Contractor's Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, Contractor's employee -owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor's agents, suppliers or contractors as well as to any temporary structures, scaffolding and protective fences. E. Waiver of Subrogation. The Contractor and the City waive all rights against each other any of their Subcontractors, Sub -subcontractors, agents and employees, each of the other, for damages caused by fire or other perils to the extend covered by Builders Risk insurance or other property insurance obtained pursuant to the Insurance Requirements Section of this Contract or other property insurance applicable to the work. The policies shall provide such waivers by endorsement or otherwise. F. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANIL G. Verification of Coverage. Contractor 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 Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-11 Page 260 of 317 Back to Agenda occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this Project. H. Subcontractors. Contractor shall ensure that each subcontractor of every tier obtain at a minimum the same insurance coverage and limits as stated herein for the Contractor (with the exception of Builders Risk insurance). Upon request the City, the Contractor shall provide evidence of such insurance. XIV. WORK PERFORMED AT CONTRACTOR'S RISK. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XV. Miscellaneous Provisions. A. Non -Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect. B. Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the Kitsap County Superior Court, Kitsap County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section XII of this Agreement. C. Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3) business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-12 Page 261 of 317 Back to Agenda D. Assignment. Any assignment of this Agreement by either party without the written consent of the non -assigning party shall be void. If the non -assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. E. Modification. No waiver, alteration, or 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 Contractor. F. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail. G. Compliance with Laws. The Contractor agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Contractor's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations. H. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute an original, and all of which will together constitute this one Agreement.IN WITNESS WHEREOF the parties hereto have caused these presents to be duly executed. CITY OF PORT ORCHARD By: Robert Putaansuu, Mayor CONTRACTOR By: Title: Address: ATTEST: Brandy Wallace, MMC, City Clerk Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-13 Page 262 of 317 APPROVED AS TO FORM: Charlotte Archer, City Attorney CONTRACTOR: INSERT NAME ADDRESS TELEPHONE Email Back to Agenda CITY Title of Person to Receive Notice ADDRESS TELEPHONE Email With a copy to the City Clerk at the same address Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-14 Page 263 of 317 EXHIBIT C 5% RETAINAGE INVESTMENT OPTION' Contractor: Central Paving LLC Project Name: 2022 City Wide Asphalt Repair Date: Back to Agenda Project Number: PW2022-006 Pursuant to RCW 60.28.010, as amended, you may exercise an option as to how the 5% retainage under this contract will be invested. Please complete and sign this form indication your preference. If you fail to do so you will miss the benefit of any interest earned. Select one of the following options: F-1 1. Savings Account: Money will be placed in an interest -bearing account. The interest will be paid to you directly, rather than kept on deposit. If this is your choice, then please complete attached SAVINGS ACCOUNT AGREEMENT. Please state the name of your bank. Bank: 2. Escrow/Investments: The City will deliver retainage checks to a selected bank, pursuant to an escrow agreement. The bank will then invest the funds in securities or bonds selected by you, and interest will be paid to you as it accrues. If this is your choice then please complete attached ESCROW AGREEMNT. Preferred Bank: Securities/Bonds: ❑ 3. Guarantee Deposit: Retainage will be held by the City. No interest is payable to the Contractor Retainage is normally released 45 days after final acceptance of the work or following receipt of Labor and Industries/Department of Revenue clearance, whichever date is the later. Retainage on landscaping work may be longer, due to its seasonal nature. However, if this project is subject to grant funding, then the retainage may also be held until such time as the Contractor meets its obligations to the City to provide required information and documentation for compliance with the grant funding requirements. State law allows for limited early release of retainage in certain circumstance. Contractor's Signature Title ' If the Contractor opts to post a retainage bond under RCW 60.28.011, such bond shall be in a form acceptable to the City, shall be with a surety with a minimum of A.M. Best financial strength rating of a minimum of A-. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-15 Page 264 of 317 Back to Agenda SAVING ACCOUNT AGREEMENT TO BANK: SAVINGS ACCOUNT NO: BANK'S ADDRESS: AGENCY: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 CONTRACT NO: PROJECT TITLE: The estimated completion date of contract is: The undersigned, , herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be placed by you in an interest - bearing savings account. 2. When and as interest on the savings account accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise director by the CONTRACTOR. 3. You are not authorized to deliver to the CONTRACTOR all or any part of the principal held by you pursuant to this agreement, except in accordance with written instruction from the AGENCY. Compliance with such instructions shall relieve you of any further liability related thereto. 4. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any moneys placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR, whereupon you shall be granted a first lien upon such moneys released and shall be entitled to reimburse yourself from such moneys for the entire amount of your fees as provided for herein above. In the event that you are made a party to any litigation with respect Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-16 Page 265 of 317 Back to Agenda to the moneys held by you hereunder, or in the event that the conditions of this agreement are not promptly fulfilled, or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interests of this agreement, or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 5. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 6. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY. You are not a party to nor bound by any instrument or agreement other than this. You shall not be required to take notice of any default or any other matter nor be bound by nor required to give notice or demand, nor required to take any action whatever except as herein expressly provided. You shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. 7. The foregoing provisions shall be binding upon the assigns, successors, personal representative and heir of the Parties hereto. Contractor CITY OF PORT ORCHARD Agency BY: BY: Title: Date: Address: Date: The above savings account agreement and instruction received and accepted this 120 Bank Name Authorized Bank Officer Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-17 day of Page 266 of 317 Back to Agenda TO BANK: BANK'S ADDRESS: AGENCY CONTRACT NO.: PROJECT TITLE: ESCROW AGREEMENT ESCROW NO.: CITY OF PORT ORCHARD 216 Prospect Street Port Orchard WA 98366 The estimated completion date of contract is: The undersigned, , herein referred to as the CONTRACTOR, has directed the CITY OF PORT ORCHARD, Washington, hereinafter referred to as the AGENCY, to deliver to you its warrants which shall be payable to you and the CONTRACTOR jointly. Such warrants are to be held and disposed of by you in accordance with the following instructions and upon the terms and conditions hereinafter set forth. INSTRUCTIONS 1. Warrants or checks made payable to you and the CONTRACTOR jointly upon delivery to you shall be endorsed by you and forwarded for collection. The moneys will then be used by you to purchase, as directed by the CONTRACTOR, bonds or other securities chosen by the CONTRACTOR and approved by the AGENCY. Attached is a list of such bonds, or other securities approved by the AGENCY. Other bonds or securities, except stocks may be selected by the CONTRACTOR, subject to express written approval of the AGENCY. Purchase of such bonds or other securities shall be in a form which shall allow you alone to reconvert such bonds or other securities into money if you are required to do so by the AGENCY as provided in Paragraph 4 of this Escrow Agreement. 2. When and as interest on the securities held by you pursuant to this agreement accrues and is paid, you shall collect such interest and forward it to the CONTRACTOR at its address designated below unless otherwise directed by the CONTRACTOR. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-18 Page 267 of 317 Back to Agenda 3. You are not authorized to deliver to the CONTRACTOR all or any part of the securities held by you pursuant to this agreement (or any moneys derived from the sale of such securities, or the negotiation of the AGENCY'S warrants) except in accordance with written instructions from the AGENCY. Compliance with such instruction shall relieve you of any further liability related thereto. 4. In the event the AGENCY orders you to do so in writing, you shall within thirty-five (35) days of receipt of such order, reconvert into money the securities held by you pursuant to this agreement and return such money together with any other moneys held by you hereunder, to the AGENCY. 5. The CONTRACTOR agrees to pay you as compensation for your services hereunder as follows: Payment of all fees shall be the sole responsibility of the CONTRACTOR and shall not be deducted from any property placed with you pursuant to this agreement until and unless the AGENCY directs the release to the CONTRACTOR of the securities and moneys held hereunder whereupon you shall be granted a first lien upon such property released and shall be entitled to reimburse yourself from such property for the entire amount of your fees as provided for herein above. In the event that are made a party to any litigation with respect to the property held by you hereunder, or in the event that the conditions of this escrow are not promptly fulfilled or that you are required to render any service not provided for in these instructions, or that there is any assignment of the interest of this escrow or any modification hereof, you shall be entitled to reasonable compensation for such extraordinary services from the CONTRACTOR and reimbursement from the CONTRACTOR for all costs and expenses, including attorney fees occasioned by such default, delay, controversy or litigation. 6. This agreement shall not be binding until executed by the CONTRACTOR and the AGENCY and accepted by you. 7. This instrument contains the entire agreement between you, the CONTRACTOR and the AGENCY with respect to this escrow and you are not a party to nor bound by any instrument or agreement other than this; you shall not be required to take notice of any default or any other matter nor be bound by nor be bound by nor required to give notice or demand , nor required to take action whatever except as herein expressly provided; you shall not be liable for any loss or damage not caused by your own negligence or willful misconduct. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-19 Page 268 of 317 Back to Agenda The foregone provision shall be binding upon the assigns, successors, personal representative, and heir of the Parties hereto. Contractor By: Title: Date: Address: CITY OF PORT ORCHARD Agency 0 Date: The above escrow agreement and instruction received and accepted this 20 Bank Name Authorized Bank Officer day of SECURITIES AUTHORIZED BY AGENCY 1. Bills, certificates, notes or bonds of the United States; 2. Other obligations of the United States or its agencies; 3. Obligation of any corporation wholly -owned by the government of the United States; 4. Indebtedness of the Federal Nation Mortgage Association; and 5. Time deposits in commercial banks. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-20 Page 269 of 317 Back to Agenda PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD 2022 CITY WIDE ASPHALT PAVING PROJECT PW PROJECT NO. PW2022-006 Bond to City of Port Orchard, Washington Bond No. We, ,and (Principal) (Surety) a Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington ("Owner"), in the penal sum of Dollars ($ ), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated , 20_, between Principal and Owner for a project entitled ("Project") — Public Works Project No. ("Contract"). The initial penal sum shall equal 100 percent of the Total Bid Price, including all applicable state sales tax, as specified in the Proposal submitted by Principal. NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal: Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract; Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material -persons, and all other persons or agents who supply labor, equipment, or materials to the Project; Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties; and Posts a two-year warranty/maintenance bond to secure the project. Such bond shall be in the amount of twenty percent (20%) of the project costs. Provided, further that this bond shall remain in full force and effect until released in writing by the City at the request of the Surety or Principal. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-21 Page 270 of 317 Back to Agenda The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure: Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the Contract, or Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety's obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety's obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this day of , 20 Principal Signature of Authorized Official Printed Name and Title Name and address of local office of Agent and/or Surety Company: Surety Signature of Authorized Official By Attorney in Fact (Attach Power of Attorney) Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-22 Page 271 of 317 Back to Agenda ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF ) )ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the (check one of the following boxes): 0 of , the corporation, 0 of , the partnership, 0 individual, that executed the foregoing instrument to be the free and voluntary act and deed of said 0 corporation, 0 partnership, 0 individual for the uses and purposes therein mentioned, and on oath stated that 0 he Oshe was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Notary Seal with Ink Stamp Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: PROJECT # PW2022-006, Contract #C046-22 LD-23 Page 272 of 317 Back to Agenda SURETY ACKNOWLEDGEMENT STATE OF ) )ss. COUNTY OF ) On this day of , 20 , before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that 0 he 0 she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing My Commission expires: Notary Seal With Ink Stamp Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-24 Page 273 of 317 RE Back to Agenda CITY OF PORT ORCHARD MAINTENANCE/WARRANTY BOND Project #:PW2022-006 Surety Bond #: Date Posted: Expiration Date: Project Name: 2022 City Wide Asphalt Repair Owner/Developer/Contractor: Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% of the total contract amount, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal has constructed and installed certain improvements on public property in connection with a project as described above within the City of Port Orchard; and WHEREAS, the Principal is required to post a bond for the twenty-four (24) months following written and final acceptance of the project in order to provide security for the obligation of the Principal to repair and/or replace said improvements against defects in workmanship, materials or installation during the twenty-four (24) months after written and final approval/acceptance of the same by the City; NOW, THEREFORE, this Maintenance Bond has been secured and is hereby submitted to the City. It is understood and agreed that this obligation shall continue in effect until released in writing by the City, but only after the Principal has performed and satisfied the following conditions: A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above - referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-25 Page 274 of 317 Back to Agenda and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. C. The Principal shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City -owned real property on which improvements have been installed and leave the same in as good condition or better as it was before commencement of the work. D. The Principal and the Surety agree that in the event any of the improvements or restoration work installed or completed by the Principal as described herein, fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twenty-four (24) months from the date of approval/acceptance of the work by the City, the Principal shall repair and/replace the same within ten (10) days of demand by the City, and if the Principal should fail to do so, then the Surety shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-26 Page 275 of 317 Back to Agenda E. Corrections. Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this bond as described in Section D above. F. Extensions and Changes. No change, extension of time, alteration or addition to the work to be performed by the Principal shall affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. G. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. 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 bond shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this bond shall be in Kitsap County Superior Court. H. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and until released in writing by the City at the request of the Surety or Principal. DATED this day of SURETY COMPANY (Signature must be notarized) By: Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: 20 DEVELOPER/OWNER (Signature must be notarized) By:_ Its: Business Name: Business Address: City/State/Zip Code: Telephone Number: Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-27 Page 276 of 317 Back to Agenda VIII. CHECK FOR ATTACHED NOTARY SIGNATURE Individual (Form P-1) Corporation (Form P-2) P-2) FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF KITSAP ) Surety Company (Form I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: I" Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: PROJECT # PW2022-006, Contract #C046-22 LD-28 Page 277 of 317 Back to Agenda FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the of that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. X. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-29 Page 278 of 317 Back to Agenda FORM P-2/NOTARY BLOCK (Surety Company) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that person who appeared before me, and said person acknowledged as the of that is the (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Rev 1129118 by SEC City of Port Orchard 2022 City Wide Asphalt Repair Project, PROJECT # PW2022-006, Contract #C046-22 LD-30 Page 279 of 317 �_. 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 81 Subject: Adoption of a Resolution Approving a Contract with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Proiect Design Back to Agenda Meeting Date: May 24, 2022 Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No.: Atty Review Date 366922-0013 — Water May 19, 2022 Summary: The City identified the need for rehabilitation work on the Melcher Pump Station, part of the City's Water System (the "Project"). Accordingly, on February 7, 2022—upon receiving approval for the Project from Washington State Public Works Board (PWB)—and pursuant to the City's Procurement Policies for Architectural and Engineering Professional Services, Resolution No. 042-20, the City's Public Works Department established a list of qualified firms from the 2022 MRSC Consultant Roster for the Main Category — Engineering Services and Sub -Category — Water System Planning and Design. On February 16, 2022, Public Works Staff sent a Request for Qualifications (RFQ) to ten (10) qualified consultants selected from the roster. On March 8, 2022, by the 2:00 pm deadline, the Public Works Department received one (1) Statement of Qualifications, from Art Anderson Associates, Inc. Staff reviewed the qualifications of the consultant and determined that they met the requirements and criteria as described in the Request for Qualifications (RFQ). On March 25, 2022, Public Works Staff met, via Zoom, with Art Anderson Associates, Inc. to discuss, clarify and develop the Project Understanding. On May 13, 2022, the City received a defined Scope of Work, Budget and Project Timeline for the Project from the consultant in an amount of $120,282.00. Recommendation: Staff recommends adoption of Resolution No. 051-22, thereby approving Contract No. C073-22 with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Design in the amount of $120,282.00 and documenting the Professional Services Procurement Procedures. Relationship to Comprehensive Plan: Chapter 7: Utilities Motion for Consideration: I move to adopt Resolution No. 051-22, authorizing the Mayor to execute Contract No. C073-22 with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Design in the amount of $120,282. Fiscal Impact: This currently unbudgeted Project includes a PWB loan of $500K. A budget amendment will be required. Attachments: Resolution No. 051-22, Contract No. C073-22, and Art Anderson Associates, Inc. Proposal (dated 5/13/2022). Page 280 of 317 Back to Agenda RESOLUTION NO.051-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C073-22 WITH ART ANDERSON ASSOCIATES, INC. FOR THE MELCHER PUMP STATION REHABILITATION PROJECT DESIGN AND DOCUMENTING PROFESSIONAL ENGINEERING SERVICES PROCUREMENT PROCEDURES. WHEREAS, the City identified the need for rehabilitation work on the Melcher Pump Station, a part of the City's Water System (the "Project"); and WHEREAS, on February 7, 2022, upon receiving approval for the Project from the Washington State Public Works Board (PWB), and pursuant to the City's Procurement Policies for Architectural and Engineering Professional Services, Resolution No. 042-20, the City's Public Works Department established a list of qualified firms from the MRSC 2022 Consultant Roster (Exhibit A, attached) for the Main Category — Engineering Services and Sub -Category — Water System Planning and Design; and WHEREAS, on February 16, 2022, Public Works Staff sent Requests for Qualifications (RFQ) to the ten (10) qualified consultants selected from the Roster; and WHEREAS, on March 8, 2022, by the 2:00 pm deadline, the Public Works Department received one (1) Statement of Qualifications, from Art Anderson Associates, Inc.; and WHEREAS, Public Works staff reviewed the qualifications of the consultant and determined that they met the requirements and criteria as described in the RFQ; and WHEREAS, on March 25, 2022, Public Works Staff met via Zoom with Art Anderson Associates, Inc. to discuss, clarify and develop the Project Understanding; and WHEREAS, on May 13, 2022, the City received a defined Scope of Work, Budget and Project Timeline for the Project, in an amount of $120,282.00; 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. C073-22 with Art Anderson Associates, Inc. for the Melcher Pump Station Rehabilitation Project Design. Page 281 of 317 Back to Agenda 051-22 rage 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 241" day of May 2022. Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 282 of 317 2/7/22, 9:49 AM MRSC Rosters Public Agency Name: City of Port Orchard Roster Type: Consultant Roster Back to Agenda Date: 02/07/2022 Time: 09:49 am Main Category: Engineering Services Sub -Category: Water System Planning and Design Advanced Industrial Automation Corp AHBL, Inc. Anchor OEA, LLC Apex Engineering Art Anderson Associates Aspect Consulting, LLC Associated Earth Sciences, Inc. Barker Creek Consulting LLC Barney & Worth, Inc. BCRA, Inc Beyler Consulting, LLC BHC Consultants, LLC Blueline Braaksma Engineering Inc. Brown & Kysar, Inc. Brown and Caldwell Burns & McDonnell Page 283 of 317 hftps://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 1/6 2/7/22, 9:49 AM MRSC Rosters Carollo Engineers. Inc. Casey Civil, PLLC Casne Engineering Inc Century West Engineering CM Design Group, LLC Cobb, Fendley & Associates, Inc. Coffman Engineers Coho Water Resources Columbia Engineering Group Confluence Engineering Group LLC Confluence Environmental Company Contour Engineering, LLC CONTROLFREEK INC CPH Consultants David Evans and Associates, Inc. Davido Consulting Group, Inc. DO Engineers DOWL LLC, D.B.A. DOWL EA Engineering, Science, and Technology, Inc., PBC Electric Power Systems, Inc. Entitlement and Engineering Solutions, Inc. Epic Land Solutions, Inc. Back to Agenda Page 284 of 317 hftps://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 2/6 2/7/22, 9:49 AM MRSC Rosters ESVELT ENVIRONMENTAL ENGINEERING LLC Evergreen Coating Engineers, LLC Exeltech Consulting, Inc. Fain Environmental LLC FCS GROUP GeoDesign, Inc., DBA NV5 GeoEngineers Inc. Geosyntec Consultants GHD SERVICES INC. - XGHD Golder Associates Inc. Goldsmith Gray and Osborne, Inc. GreenWorks PC Harmsen, LLC Harper Houf Peterson Righellis Inc. HDR Engineering, Inc. Huitt-Zollars, Inc. Impact Design Jacobs Engineering Group Inc. Jimale Technical Services JMJ TEAM Keller Associates, Inc. Back to Agenda Page 285 of 317 hftps://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 3/6 2/7/22, 9:49 AM MRSC Rosters Kennedy Jenks Kimley-Horn Kindred Hydro, Inc. KPFF Consulting Engineers KPG Landau Associates, Inc. LDC, Inc. Leslie Engineering, LLC MacKay Sposito Mackenzie Mead & Hunt, Inc. Mott MacDonald Mott MacDonald, LLC Murraysmith Osborn Consulting Inc Otak, Inc. Prescribed S.tructural Integrity PACE Engineers, Inc. Pacific Engineering & Design, PLLC Pacific Groundwater Group, a Division of Mott MacDonald PACLAND - Seattle, P.C. Parametrix Back to Agenda Page 286 of 317 https://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 4/6 2/7/22, 9:49 AM PBS Engineering and Environmental Inc. Perteet Inc. Peterson Resources Peterson Structural Engineers ProjectCorps QCC Quality Controls Corporation R&W Engineering, Inc. Reid Middleton, Inc. RH2 Engineering, Inc SCJ Alliance SCS Engineers Sealaska Technical Services Shannon & Wilson, Inc. Sitts & Hill Engineers, Inc. Skillings, Inc. SoundEarth Strategies, Inc. Spectra Laboratories - Kitsap, LLC Stantec T-O Engineers Terracon Consultants, Inc. TerraVista NW, LLC Tetra Tech, Inc. MRSC Rosters Back to Agenda Page 287 of 317 hftps://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 5/6 2/7/22, 9:49 AM MRSC Rosters Varius Inc. Back to Agenda WEST Consultants, Inc. WestSound Engineering, Inc. Wilson Engineering, LLC Wood WSP USA Inc. Page 288 of 317 hftps://members.mrscrosters.org/public-agency/rosters/result?rt=czoxMDoiY29uc3VsdGFudCI7 6/6 Vack to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 24th day of May 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 Art Anderson Associates, Inc., a corporation, organized under the laws of the State of Washington, doing business at: Art Anderson Associates, Inc. 830 Pacific Avenue, Suite 200 Bremerton, WA 98337 Contact: Brad Ginn, PE (hereinafter the "CONSULTANT") Phone: 360.479.5600 for professional services in connection with the following Project: Melcher Pump Station Rehabilitation Project Design TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work (dated 5/13/2022) attached to this Agreement. The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described within the Scope of Work in accordance with the tasks identified within Exhibits "A, B & C" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 1 of 11 Page 289 of 317 Back to Agenda B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on May 24, 2022 ("Commencement Date") and shall terminate December 31, 2022 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. 11 Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $ x TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $120,282.00 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibits "A, B & C." ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit " " ❑ OTHER. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 2of11 Page 290 of 317 Back to Agenda 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 3of11 Page 291 of 317 Back to Agenda 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. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, 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 Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 4of11 Page 292 of 317 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. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 5of11 Page 293 of 317 Back to Agenda 2. Commercial General Liabilitv 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 Liabilitv 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 Liabilitv insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liabilitv 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 shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 6of11 Page 294 of 317 Back to Agenda 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 Art Anderson Associates, Inc. Brad Ginn, PE — VP of A&E 830 Pacific Avenue, Suite 200 Bremerton, WA 98337 Phone: 360.479.5600 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing parry shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 7of11 Page 295 of 317 Back to Agenda 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a 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 attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 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 City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 8of11 Page 296 of 317 Back to Agenda 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 Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 9of11 Page 297 of 317 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: By: Robert Putaansuu, Mayor Name: ATTEST/AUTHENTICATE: Title: Brandy Wallace, MMC City Clerk APPROVED AS TO FORM: Lo Charlotte A. Archer, City Attorney City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 10of11 Page 298 of 317 Back to Agenda APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. 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 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Art Anderson Associates, Inc. Public Works Project No. N/A Professional Service Agreement Contract No. CO73-22 U:\3_Capital Improvement Program\B_ActiveProjects\WaterUtility\Melcher Pump Station Rehab\2.0 Consultants\2.1 Professional Service Agreements\9-2020 MASTER Prof Svcs template CA Approved template.DOCX Rev 7/18/2019 11 of 11 Page 299 of 317 IAR ART ANDERSON City of Port Orchard Attn: Mark Dorsey, PE 216 Prospect Street Port Orchard, WA 98366 Re: Melcher Pump Station Rehabilitation Price Proposal — Rev1 Dear Mark: Back to Agenda May 13, 2022 FACP0017.BP Art Anderson presents our proposal for Engineering services in response to the RFQ issued February 16, 2022. The objective of this project is design upgrades to the City of Port Orchard's Melcher Street Booster Station to modernize the station and extend the useful life another 50 years. Scope of Services Inclusions The proposal is based on: • Performing water system modeling to determine the necessary capacity of the renovated pump station and to properly select pumps based on the needed capacity and the characteristics of the water system. Water System Modeling will be performed by Murraysmith as a sub -consultant to Art Anderson. • Design of pump station controls and integration into the city's existing SCADA system. Controls and SCADA Integration design will be performed by TSI as a sub -consultant to Art Anderson. • Design of piping, valves, fittings and other required appurtenances, electrical installation, emergency generator, and other fixtures to upgrade the pump station to modern equipment, materials and standards of construction. The design will progress with the following submittals for review: 0 30% Schematic Design 0 60% Design Development 0 100% Ad Ready Plans, Specifications, and Estimate • Quality Control review of each design submittal will be performed. • Bid support activities to respond to contractor pre -proposal inquiries (PPIs). Assumes approximately 6 design related PPIs. Assumptions/Exclusions The proposal assumes: • Specifications will be based on the current WSDOT/APWA Standard Specs. • Engineering support during construction is not included in this proposal, but can be negotiated separately if desired by the City. • Construction and Contract administration is not included. 830 Pacific Avenue, Suite 200 1 Bremerton, WA 98337 1 360-479-5600 SDVOSB I OMwg0ge\W94t%1Xn Owned Business 1211 ART ANDERSON rwUr Contract Terms Back to Agenda For the Scope of work stated we are proposing a Time and Materials agreement with a Not To Exceed Amount of $120,282. This price is broken down as follows: • Pump Station Design Art Anderson $50,245 • Water System Modeling Murraysmith $18,909 • Controls and SCADA Integration TSI $51,128 Our fee estimate is included as Enclosure A. Our standard rates are included as Enclosure B. Subconsultant scope and fee proposals are included in Enclosure C. Please note that subconsultant scope descriptions include the proposed 390 Zone Booster Station project as well, but their fees have been separated for the two projects. Sub -consultant fees include a 10% markup. Services outside the scope of services described herein shall be considered additional services and shall be negotiated separately. Thank you for considering Art Anderson as a partner in your success. We look forward to working with such a valued and respected member of our local community. If you have any questions, comments or concerns, please don't hesitate to contact me. Sincerely, Brad Ginn, P.E. VP of A&E FACP0017.13P Proposal Letter Page 2 of 2 5/12/2022 Page 301 of 317 1211 ART ANDERSON rwWr Back to Agenda Enclosure A Fee Estimate FACP0017.13P Proposal Letter Enclosures 5/13/2022 Page 302 of 317 DATE: 5/12/2022 Back to Agenda = ART CLIENT: City of Port Orchard ANDERSON SMP: S PROJECT NAME: Melcher Pump Station Rehabilitation 830 Pacific Avenue POINT OF CONTACT: Mark Dorsey Bremerton, WA 98337 COMPANY PROPRIETARY AA PROJECT NUMBER: FACPO017.13P AA POINT OF CONTACT: Sean Hoynes DESIRED START DATE: COMPLETION DATE: Phone: (360) 479-5600 Principal Project Manager Sr. Engineer/ Sr. Architect Project Engineer Engineer Senior Designer Designer CAD Drafter Project Coordinator Clerical LABOR SUBTOTAL SUBTOTAL HOURS LABOR DIRECT COST TOTAL PROJECT.0 TASK Project Management 2 3 3 3 9 20 $2,350 $70,037 $72,387 Contract Administration 2 8 10 $1,010 $1,010 Kickoff Meeting 1 1 1 1 4 $500 $500 Site Visit 2 2 2 6 $840 $840 Controls/SCADA Integration (TSI) $51,128 $51,128 Water System Modeling (Murraysmith) $18,909 $18,909 TASK 30% Schematic Design Pha 8 20 38 34 92 192 $25,030 $25,030 Calculations 6 2 6 14 $1,980 $1,980 Product Research 6 2 4 12 $1,740 $1,740 Drawings (10 sheets) 4 16 8 92 120 $14,820 $14,820 Specifications 2 10 8 20 $2,640 $2,640 Construction Cost Estimate 2 8 8 18 $2,370 $2,370 QC Review 8 8 $1,480 $1,480 TASK 60% Design Development 8 13 21 13 46 2 103 $13,700 $13,700 Review Comments 12 1 4 2 9 $1,315 $1,315 Design Review Meeting (Conference Call) 2 2 2 6 $760 $760 Calculations 4 1 1 6 $915 $915 Product Research 2 2 $330 $330 Drawings (10 sheets) 2 8 4 46 60 $7,410 $7,410 Specifications 1 4 4 9 $1,185 $1,185 Construction Cost Estimate 1 2 2 5 $675 $675 QC Review 6 6 $1,110 $1,110 TASK 100% Ad Ready Design Ph 5 7 13 9 18 1 53 $7,155 $7,155 Review Comments 1 1 2 1 5 $740 $740 Design Review Meeting (Conference Call) 1 1 1 3 $380 $380 Calculations 1 1 1 3 $420 $420 Product Research 1 1 $165 $165 Drawings (10 sheets) 1 6 4 18 29 $3,615 $3,615 Specifications 1 2 2 5 $675 $675 Construction Cost Estimate 1 1 1 3 $420 $420 QC Review 4 4 $740 $740 TASK Bid Support 6 6 4 16 $2,010 $2,010 PPI Responses 1 6 1 b 1 4 16 $2,010 1 $2,010 RATE/HOUR $215.00 $185.00 $165.00 $135.00 $120.00 $120.00 $110.00 $90.00 $80.00 $65.00 Page 303 of 317 i III ART ANDERSON rmUr Back to Agenda Enclosure B Standard Rates FACP0017.13P Proposal Letter Enclosures 5/13/2022 Page 304 of 317 Ae Back to Agenda ART ANDERSON 2022 Schedule of Charges Where engineering services are provided on an hourly basis, the following rates shall apply to cover salaries, taxes, insurance, administration, general overhead, and profit: Classification Hourly Rate Principal $215 Project Manager $185 Senior Engineer/Sr. Architect $165 Project Engineer $135 Engineer $120 Senior Designer $120 Designer $110 CAD Drafter $ 90 Project Coordinator $ 80 Clerical $ 65 Reimbursable expenses will be charged at the rates shown below: Automobile Travel Consultant Costs Travel Costs Food and Lodging Photocopying (B & W) Photocopying (Color) Plotter Bond Plotter Presentation Plotter Vellum/Mylar Other Reproduction Costs Note: Minimum charge when stamping work is $1,000.00. Effective February 2022 IRS Rate Actual cost plus 10% Actual cost plus 10% Actual cost plus 10% $.05/copy plus operator time $.20/copy plus operator time $.55/sq ft plus operator time $.85/sq ft plus operator time $1.30/sq ft plus operator time Actual cost plus 10% Page 305 of 317 1211 ART ANDERSON rmUr Back to Agenda Enclosure C Subconsultant Scope and Fee Proposals FACP0017.13P Proposal Letter Enclosures 5/13/2022 Page 306 of 317 SCOPE OF WORK April 22, 2022 Brad Ginn, PE Art Anderson 830 Pacific Avenue Bremerton WA 98337 Phone # 360-479-5600 Back to Agenda Technical Systems Inc. Corporate Office 2303 196'" Street SW Lynnwood, WA 98036 Tel 425.775.5696 Reference: City of Port Orchard SCADA System — Melcher and 390 Booster Engineering Services Dear Brad: Technical Systems, Inc. (TSI) is pleased to provide a scope for the above referenced project. Tasks: A. Attend initial predesign development meeting with City staff and Art Anderson. B. Conduct site visits. It is anticipated that one site visit will be needed for each of the 2 sites. During site visits, the City, Art Anderson, and TSI will discuss needed upgrades and will define major system components and locations for control panels, radio antennas and other needed improvements. C. Prepare and Deliver Panel BOM and Drawings. D. Prepare Pricing at the 90% and 100%, and Final Design Stages. E. Submit pre -negotiated pricing and scope to be included in the Final bid documents. F. Attend 90%, 100% and Final design review meetings, 3 total. G. Address the City and Art Anderson review comments. Pricing: Melcher Booster T&M not to exceed $46,480.00 390 Booster T&M not to exceed $55,800.00 This design is to be billed at time and materials not to exceed. Please call me if you have any questions regarding this design scope. Andrew Palmberg, P.E. Technical Systems, Inc. 425-678-4104 andren&tsicontrols. com Lynnwood, WA AA%7 9`17 Irvine, CA Back to AgendaDRAFT EXHIBIT A 441912*81SLY181L MELCHER PUMP STATION RENOVATION AND 390 ZONE BOOSTER STATION PROJECTS ART ANDERSON Background Work proposed within this scope describes the capacity analysis, pump sizing, and model confirmation of the selected pumps for the City of Port Orchard's Melcher Pump Station Renovation and 390 Zone Booster Station projects. Murraysmith will work as a subconsultant to Art Anderson (the Client) for this project. Proposed Improvements This scope of work involves model confirmation to assess the pump sizing and selection for two (2) pump station projects within the City of Port Orchard's water system: the replacement of the existing Melcher Pump Station and the construction of a new 390 Zone Booster Station. The Melcher Pump Station conveys water, when required, from the 260 Zone to the 390 Zone, and this project replaces the existing pump station equipment with new equipment sized the meet the existing and projected system needs. The 390 Zone Booster Station will be a new pump station designed to reduce dead storage in the Sedgwick and Old Clifton storage tanks by locally boosting pressures to the services at elevation 300 feet and higher located near the intersection of Geiger Road SE and SE Sedgwick Road. Scope of Services The proposed scope of services for the project has been developed based on our understanding of the work to be performed. Murraysmith's proposed work is organized by the following tasks. Task 1— Project Management and Coordination Task 2 — Pumping Capacity Analysis Task 3 — System Curve and Pump Selection Task 4— Technical Memorandum Art Anderson WA5%mw Melcher & 390 Zone Booster Pump Stations May 2022 1 Back to AgendaDRAFT Task 1— Project Management and Coordination 1.1— General Project Management and Coordination Provide management of Murraysmith staff, schedule, and budget. Prepare monthly invoices, review budget and schedule, and perform general administrative tasks. Keep the Client up to date on any plan issues or details and incorporate input into the work product. Assumptions ■ The Client will provide clear, concise, and timely input and review on the work products produced by the consultant. ■ Two (2) hours per month have been budgeted for project management for the 6-month project duration. Deliverables ■ Monthly invoices including status report due to the Client's project manager. 1.2 —Quality Assurance & Quality Control (QA/QC) Perform quality control review of deliverables. Deliverables ■ No deliverables will be provided as part of this subtask. Task 2 — Pumping Capacity Analysis 2.1 — 390 Zone Booster Station Service Area Analysis Develop a proposed service area for the 390 Zone Booster Station within the existing water model. It is expected that this service area will include services at elevation 300 feet and higher located near the intersection of Geiger Road SE and SE Sedgwick Road. Analyze existing and project service connections in this area, including future development in the area near the Sedgwick tank. Calculate existing and projected water demands for this area. Evaluate maximum and minimum projected service elevations for this area. 2.2 — Pump Station Capacity Analysis Evaluate and recommend required pumping capacity for both the Melcher Pump Station and the 390 Booster Station. These analyses will utilize state and local design standards as well as planned Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 Page 309 of 317 2 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Art Anderson\Port Orchard - Melcher and 390 Zone Booster Pump Station projects\Melcher and 390 Zone Booster Pump Stations.docx Back to AgendaDRAFT operation of the pump station, considering pump runtimes, storage replenishment rates, closed zone pressure and supply needs, fire flows, other sources of water, and supply redundancy. Provided by the Client ■ Input on pump station capacity requirements and proposed operation ■ Input on 390 Zone Booster Pump Station service area ■ Information on proposed and projected development with the service area ■ Review of the existing and projected demand for the 390 Zone Booster Pump Station service area ■ Review of the pump station capacity analysis tables Assumptions ■ Up to two (2) 390 Zone Booster Pump Station service areas will be developed for Client review and input. Deliverables ■ 390 Zone Pump Station service area alternatives map in PDF format ■ 390 Zone Pump Station service area existing and projected demand tables in PDF format ■ Pump station capacity analysis tables for both the Melcher and 390 Zone Booster Pump Stations Task 3 —System Curve and Pump Selection 3.1 —System Curve Conduct hydraulic modeling and develop system head curves based on detailed information on the interior layout and size of piping, control valves, and meters within the pump station; also consider existing and proposed offsite water main size, material, and age. 3.2 — Pump Sizing and Confirmation Suggest pump sizing based on the model results and completed system head requirements. The Client shall select the pump. Murraysmith will use the hydraulic model to analyze the effect that the selected pumps will have on the system. No more than two (2) pumping alternatives will be analyzed for each pump station. Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 Page 310 of 317 3 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Art Anderson\Port Orchard - Melcher and 390 Zone Booster Pump Station projects\Melcher and 390 Zone Booster Pump Stations.docx Back to AgendaDRAFT Provided by the Client ■ Input on equipment and operations preferences ■ Information on proposed 390 Zone Booster Pump Station site location ■ Review of the system curve and pump selections Assumptions ■ The City's existing hydraulic model will be used to perform the analysis outlined in this scope. ■ Model update and validation are not included with this scope; that work is anticipated to occur under a separate contract with the City. ■ Up to (2) pump selections will be evaluated for the Melcher Pump Station and the 390 Booster Pump Station. Deliverables ■ System curves and pump selections for both the Melcher and 390 Zone Booster Pump Stations Task 4 —Technical Memorandum 4.1 — Draft Technical Memorandum Prepare a technical memorandum (memo) that documents the analyses. The memo will include a summary of the 390 Zone Booster Pump Station service area development as well as the capacity analysis, system curve, and pump selection for both the Melcher and 390 Zone Booster Pump Stations. 4.1 — Final Technical Memorandum Modify memo based on Client review comments and submit copies of final memo to Client. Provided by the Client ■ Complete review of the memo and provide one (1) compiled, written set of comments. Assumptions ■ No additional modeling will be required as part of this task. Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 Page 311 of 317 4 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Art Anderson\Port Orchard - Melcher and 390 Zone Booster Pump Station projects\Melcher and 390 Zone Booster Pump Stations.docx Back to AgendaDRAFT Deliverables ■ Draft and final memos will be submitted to the Client in Word and PDF formats. Proposed Project Fee Murraysmith proposes to complete the work as described above on a time and expenses basis as summarized in the enclosed Fee Estimate, attached as EXHIBIT A. The total not -to -exceed amount is based on the scope of work incorporated herein. The Fee Estimate is based on Murraysmith's current Schedule of Charges, which is attached as EXHIBIT B. Proposed Project Schedule It is anticipated that this work will be completed within approximately six (6) months of receiving Notice to Proceed, barring any significant delays by other parties. Final completion of this project is anticipated in December 2022. Art Anderson MURRAYSMITH Melcher & 390 Zone Booster Pump Stations May 2022 Page 312 of 317 5 \\ad.msa-ep.com\Portland\PDX_BD\Clients\Art Anderson\Port Orchard - Melcher and 390 Zone Booster Pump Station projects\Melcher and 390 Zone Booster Pump Stations.docx Back to Agenda MELCHER PUMP STATION RENOVATION PROJECT ART ANDERSON PROPOSED FEE ESTIMATE E I .. LABOR CLASSIFICATION (HOURS) Principal Engineer III Professional Engineer V Engineering Designer III Administrative III Hours Labor Expenses CADD Units $18/hr GIS Units $10/hr Total Task 1- Project Management and Coordination Task 1.1- General Project Management and Coordination 1 6 3 10 $ 1,781 $ - $ - $ - $ 1,781 Task 1.2- Quality Assurance & Quality Control (QA/QC) 2 2 $ 526 $ - $ - $ - $ 526 Task 1 Subtotal 3 6 0 3 12 $ 2,307 $ $ $ $ 2,307 Task 2- Pumping Capacity Analysis Task 2.1- 390 Zone Booster Station Service Area Analysis 0 0 0 $ - $ - $ - $ 80 $ 80 Task 2.2- Pump Station Capacity Analysis 1 2 6 9 $ 1,681 $ - $ - $ - $ 1,681 Task 2 Subtotal 1 2 6 0 9 $ 1,681 $ $ $ 80 $ 1,761 Task 3 - System Curve and Pump Selection Task 3.1- System Curve 1 4 16 21 $ 3,791 $ - $ - $ 320 $ 4,111 Task 3.2- Pump Selection 1 4 12 17 $ 3,099 $ - $ - $ 120 $ 3,219 Task 3 Subtotal 2 8 28 0 38 $ 6,890 $ $ $ 440 $ 7,330 Task 4- Technical Memorandum Task 4.1- Draft Technical Memorandum 1 6 12 1 20 $ 3,605 $ - $ - $ - $ 3,605 Task 4.2- Final Technical Memorandum 1 4 6 1 12 $ 2,187 $ - $ - $ - $ 2,187 Task 4 Subtotal 2 10 18 2 32 $ 5,792 $ $ $ $ 5,792 TOTAL - ALL TASKS 16 51 5 91 $ 16,670 $_. - $_. - $__.. 520 $ 17,190 Art Anderson Pag0rQmgg 317 Melcher Pump Station Renovation and 390 Zone Booster Station Projects May 2022 1G1 6 \\ad.msa-ep—n,\Portland\PDX_BD\Clients\Nrt Anderson\Port Orchard -Melcher and 390 Zone Booster Pump Station projects\Fee Es[ima[e 2022 Raies -Melcher Booster Pump Station Agenda Item No City of Port Orchard Back to Agenda 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 8.1 Meeting Date: May 24, 2022 Subject: Adoption of a Resolution Approving a Contract for the Lippert Road Repair and Sidewalk Retrofit Project Prepared by: Mark Dorsey, P.E. Public Works Director Atty Routing No.: Atty Review Date 366922-0009 - PW May 19, 2022 Summary: The City identified the need for repair and sidewalk retrofit work for Lippert Road. Accordingly, on March 4, 2022, and March 11, 2022, upon receiving approval from Kitsap County Department of Human Services - CDBG Program, and pursuant to the City's Procurement Policies, adopted by Resolution No. 036- 22, the City's Public Works Department prepared an Invitation to Bid (ITB), and solicited bids in the Kitsap Sun and Daily Journal of Commerce. On March 4, 2022, staff uploaded the bid documents to the Washington Builder's Exchange and the City's Webpage. On March 31, 2022, by the 1:00pm bid deadline, the City Clerk received five (5) sealed bids. After confirming that there were no objections made and that there were no challenges to the Public Opening process, the five (5) sealed bids were opened and read aloud by the City Clerk. Bids received prior to the March 31, 2022, 1:00pm deadline are as follows: Name of Contractor Bid Total Sascon, LLC $557,313.00 Reed Trucking & Excavating, Inc. $561,740.80 Sound Pacific Construction, LLC $609,440.00 Ceccanti, Inc $625,000.00 Active Construction, Inc $689,689.00 The City Clerk then prepared a Bid Tabulation form and a Bid Evaluation form (including applicable taxes, labor, equipment, material, and fees). On May 5, 2022, the City's Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist. Recommendation: Staff recommends that the City Council adopt Resolution No. 022-22, thereby approving Contract No. CO24-22 for the Lippert Road Repair and Sidewalk Retrofit project contract in the amount of (applicable taxes included), Relationship to Comprehensive Plan: Chapter 8: Transportation Page 314 of 317 Staff Report 8J Back to Agenda Page 2 of 2 Motion for Consideration: I move to adopt Resolution No. 022-22, authorizing the Mayor to execute Contract No. CO24-22 with for the Lippert Road Repair and Sidewalk Retrofit project in the amount of $ Fiscal Impact: The City received a HUD Federal grant award of $244,580.32 from Kitsap County Human Services — CDBG for the Sidewalk retrofit. Road repairs are budgeted in the 2021-2022 Biennial Budget. (002.05.542.30.40) Alternatives: Do not approve. Attachments: Resolution No. 022-22, Contract No. CO24-22 (sent separately). Page 315 of 317 Back to Agenda RESOLUTION NO. 022-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING CONTRACT NO. CO24-22 FOR THE LIPPERT ROAD REPAIR AND SIDEWALK RETROFIT PROJECT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, the City identified the need for repair and sidewalk retrofit work for Lippert Road (the "Project"); and WHEREAS, in early March 2022, upon receiving approval from Kitsap County Department of Human Services - CDBG Program, and pursuant to the City's Procurement Policies, adopted by Resolution No. 036-22, the City's Public Works Department prepared an Invitation to Bid ("ITB") for the Project; and WHEREAS, on March 4, 2022, and March 11, 2022, staff solicited bids in the Kitsap Sun and Daily Journal of Commerce, and on March 4, 2022, staff uploaded the bid documents to the Washington Builder's Exchange and the City's Webpage; and WHEREAS, on March 31, 2022 by the 1:00pm bid deadline, the City Clerk received five (5) sealed bids; and WHEREAS, confirming that there were no objections made and that there were no challenges to the Public Opening process, the five (5) Sealed Bids were opened and read aloud; and WHEREAS, the City Clerk prepared a Bid Tabulation form and a Bid Evaluation form, and the City's Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist; and WHEREAS, the Public Works Department reviewed all materials and confirmed that the bidding requirements for this public work have been followed, and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their selection/procurement process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council authorizes the Mayor to execute Contract No. CO24-22 with , for the Lippert Road Repair and Sidewalk Retrofit project. Page 316 of 317 Back to Agenda , 2 of 2 THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 24th day of May 2022. ATTEST: Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor Page 317 of 317