06/14/2022 - 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
Fred Chang
Economic Development & Tourism Committee
Land Use Committee
Transportation Committee
Jay Rosa pepe
Finance Committee,
Land Use Committee
KRCC, PSRC-alt, PSRCTranspol-alt, KRCCTranspol
alt, KRCC Planpol-alt,
John Clauson
Finance Committee, Chair
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
Land Use Committee, Chair
Transportation Committee
Department Directors:
Nicholas Bond, AICP
Development Director
Mark Dorsey, P.E.
Director of Public Works/City Engineer
Tim Drury
Municipal Court Judge
Noah Crocker, M.B.A.
Finance Director
Matt Brown
Police Chief
Brandy Wallace, MMC, CPRO
City Clerk
Meeting Location:
Council Chambers, V Floor
216 Prospect Street
Port Orchard, WA 98366
Contact us:
(360) 876-4407
cityhal I@cityofportorchard.us
City of Port Orchard Council Meeting Agenda
June 14, 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.
Remote access
Link: https://us02web.zoom.us/J/89582436769
Zoom Webinar ID: 895 8243 6769
Zoom Call -In: 1 253 215 8782
Guiding Principles
• Are we raising the bar?
• Are we honoring the past, but not living in the past?
• Are we building connections with outside partners?
• Is the decision -making process positively impacting diversity, equity, and
inclusion?
1. CALL TO ORDER
A. Pledge of Allegiance
2. APPROVAL OF AGENDA
3. CITIZENS COMMENTS
(Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a
Public Hearing. 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. Adoption of a Resolution Authorizing the Purchase of Water Meters and
Associated Parts from Ferguson Waterworks via DES Contract No. 01118
(Dorsey) Page 4
D. Adoption of a Resolution Repealing Resolution No. 013-19 and
Approving the Collection of Funds for Chimes and Lights Events
(Wallace) Page 10
E. Excusal of Councilmember Cucciardi for Personal Obligations
F. Approval of the May 17, 2022, City Council Work Study Session Meeting
Minutes Page 13
G. Approval of the May 24, 2022, City Council Meeting Minutes Page 16
5. PRESENTATION
A. Gordon Thomas Honeywell -GA End of Legislative Session Report (Weiss)
6. PUBLIC HEARING
7. COLLECT BARGAINING SESSION
Pursuant RCW 42.30.140 (4)(b), the City Council will enter a CLOSED SESSION to discuss planning or
adopting the strategy or position to be taken by the governing body during the course of any collective
bargaining, professional negotiations, or grievance or mediation proceedings, or reviewing the proposals
made in the negotiations or proceedings while in progress.
8. BUSINESS ITEMS
A. Approval of a Collective Bargaining Agreement with the Police Guild Representing Patrol Officers for
2022-2024 (Lund) Page 22
B. Approval of a Collective Bargaining Agreement with the Police Guild Representing Sergeants for 2022-
2024 (Lund) Page 23
C. Adoption of an Ordinance Amending Port Orchard Municipal Code Section 20.162.044 Amending the
Definition of Wetland, Isolated (Bond) Page 24
D. Adoption of a Resolution Approving a Contract with Stripe Rite, Inc. for 2022 Thermoplastic
Applications (Dorsey) Page 29
E. Adoption of a Resolution Approving a Contract with Art Anderson Associates, Inc. for the 390 Zone Low
Pressure Booster Station Protect Design (Dorsey) Page 71
F. Adoption of a Resolution Approving an Agreement with Kitsap Transit for the Guaranteed Ride Home
Program (Lund) Page 124
G. Approval of Road Closures for a Special Event: The Cruz (Wallace) Page 130
H. Approval of Road Closures for a Special Event: Fathoms O' Fun Festival by the Bay (Wallace) Page 140
I. Approval of Special Event Time Submittal Waiver: Kitsap County Cornhole Classic (Wallace) Page 155
J. Adoption of a Resolution Approving Amendment No. 2 to Contract No. 040-12 with Kitsap County for
Emergency Management Services (Archer) Page 164
K. Approval of Amendment No. 4 to Contract No. 075-20 with Rice Fergus Miller, Inc. for the 2020-2021
City Hall Improvement Project -Additional Scope (Dorsey) Page 193
9. DISCUSSION ITEMS (No Action to be Taken)
A. Transportation Funding Page 205
B. Council Attendance Requirements
C. Veterans Park Offer of Sale Page 208
D. Continued: Veterans Park
10. REPORTS OF COUNCIL COMMITTEES
11. REPORT OF MAYOR
12. REPORT OF DEPARTMENT HEADS
13. CITIZEN COMMENTS
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.
June 14, 2022, Meeting Agenda Page 2 of 3
(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(1)(i), the City Council WILL hold a 20-minute executive session to discuss legal
risks of a proposed action with legal counsel for the agency.
15. CITY COUNCIL GOOD OF THE ORDER
16. ADJOURNMENT
COMMITTEE MEETINGS
Economic Development and
Tourism
Utilities
Finance
Transportation
Festival of Chimes & Lights
Land Use
Lodging Tax Advisory
Sewer Advisory
Outside Agency Committees
Date & Time
Location
TBD 2022; 9:30am
Remote Access
July 12, 2022; S:00pm — 2"d Tuesday of each
Remote Access
month
June 27, 2022; 3:00pm
Remote Access
June 28, 2022; 4:30pm- 4th Tuesday of each
�-
Remote Access
month
June 13, 2022; 3:30pm
Remote Access
June 15, 2022; 4:30pm
Remote Access
October, 2022
Remote Access
------------------------
August 17, 2022; 6:30pm
SKWRF*
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.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407.
June 14, 2022, Meeting Agenda Page 3 of 3
Backto Agenda
aw
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7
Agenda Item No
Subject:
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Consent Agenda 4C
Adoption of a Resolution Authorizing the
Purchase of Water Meters and
Meeting Date:
Prepared by:
Associated Parts from Ferguson Atty Routing No.
Waterworks via DES Contract No. 01118 Atty Review Date
June 14, 2022
Mark Dorsey
Public Works Director
366922-0013 — Water
June 9. 2022
Summary: The Public Works Department identified the need for water meters for homes being
constructed in new developments located within the City. Pursuant to Chapter 39.34 RCW, the City
executed an interlocal agreement with the Washington State Department of Enterprise Services (DES)
(City Contract No. C057-13) to allow the City to utilize the contracts hosted by DES for services and
purchases, so long as the City confirms the contract complies with all applicable statutory procurement
requirements for the particular purchase or service, per RCW 39.34.030.
The Public Works Department identified Ferguson Waterworks as an approved vendor for the necessary
water meters to integrate with the existing system, awarded via WA DES Contract #01118. Staff
reviewed the procurement process utilized by DES for this contract to confirm the procurement
requirements were met and obtained necessary documentation from DES and the vendor regarding
procurement. On May 17, 2022, Public Works Department staff requested a quote from Ferguson
Waterworks. On June 2, 2022, Ferguson Waterworks provided a quote of $77,573.54 (plus applicable
tax) for a total purchase price of $84,710.29, and staff verified this is consistent with the DES Contract
pricing. The City's Procurement Policy requires Council approval for purchase prices in excess
$35,000.00. On May 19, 2022, the City's Public Works Department completed the City's Interlocal
Agreement Purchase Checklist for the selected vendor.
Relationship to Comprehensive Plan: Ch 7: Utilities -Water
Recommendation: Staff recommends that the City Council adopt a Resolution authorizing the purchase
of water meters from Ferguson Waterworks through WA DES Contract #01118 for a total purchase price
of $84,710.29 (applicable tax included.)
Motion for Consideration: I move to adopt a Resolution authorizing the purchase of water meters from
Ferguson Waterworks for a total purchase price of $84,710.29.
Fiscal Impact: The meters will be reimbursed through connection fees; a budget amendment may be
needed.
Alternatives: Do not approve
Attachments: Resolution No 059-22, Ferguson Waterworks Quote, and Interlocal Agreement Purchase
Checklist.
Page 4 of 274
Backto Agenda
RESOLUTION NO.059-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE
OF WATER METERS AND ASSOCIATED PARTS FOR THE PUBLIC WORKS DEPARTMENT AND
DOCUMENTING PROCUREMENT PROCEDURES.
WHEREAS, the Public Works Department identified the need for water meters for the homes
being constructed in new developments located within the City; and
WHEREAS, as authorized by the City's Procurement Policies adopted by Resolution No. 036-22,
the City entered into an interlocal agreement with Washington State Department of Enterprise (DES)
(City Contract No. C057-13) which allows the City to utilize the contracts hosted by DES for services and
purchases, so long as the City confirms the contract complies with all applicable statutory procurement
requirements for the particular purchase or service, per RCW 39.34.030; and
WHEREAS; the Public Works Department identified Ferguson Waterworks as an approved,
qualified vendor for the desired brand of meters that are required to integrate with the City's existing
system, awarded via WA DES Contract #01118; and
WHEREAS, staff reviewed the procurement process utilized by DES for this contract to confirm
the applicable procurement requirements were met, and staff obtained necessary documentation from
DES and the vendor regarding procurement; and
WHEREAS, on May 17, 2022, Public Works Department staff requested a quote from Ferguson
Waterworks, and on June 2, 2022, Ferguson Waterworks provided a quote of $77,573.54 (plus
applicable tax) for a total purchase price of $84,710.29, and staff verified this is consistent with the DES
Contract pricing; and
WHEREAS, on May 19, 2022, the City's Public Works Department completed the Interlocal
Agreement Purchase Checklist for the selected vendor; and
WHEREAS, the meters are for new developments and will be reimbursed through connection
fees as the homes are constructed; and
WHEREAS, the City Council has approved procurement policies which require City Council
authorization for purchasing items costing $35,000 or more; and
WHEREAS, the Ferguson Waterworks quote attached as Exhibit A is for the purchase of water
meters in an amount that exceeds the $35,000 authorization limit; 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 herein for this purchase
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.
Page 5 of 274
Backto Agenda
Resolution No. 059-22
Page 2 of 2
THAT: The City Council approves the purchase of water meters, from Ferguson Waterworks in
the amount of $84,710.29 (applicable tax included). The Mayor or his designee is authorized to
take all actions necessary to effectuate the purchase, consistent with this authorization.
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 14t" day of June 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 6 of 274
Z FERGUSON° 2042 SOUTOH 122TH ST156
WATERWORKS TACOMA, WA 98444-0000
Deliver To: Backto Agenda
From: Doug Schrock
omments:
17:32:48 J U N 02 2022
Phone: 253-538-8275
Fax: 253-531-9909
Page 1 of 2
FERGUSON WATERWORKS #3011
Price Quotation
Phone: 253-538-8275
Fax: 253-531-9909
Bid No:
B423965
Cust Phone:
360-876-4407
Bid Date:
05/18/22
Terms:
NET 10TH PROX
Quoted By:
DGS
Customer:
CITY OF PORT ORCHARD
Ship To:
CITY OF PORT ORCHARD
METER ACCOUNT
METER ACCOUNT
216 PROSPECT ST
216 PROSPECT ST
PORT ORCHARD, WA 98366
PORT ORCHARD, WA 98366
Cust PO#:
Job Name:
HAVEN/STETSON/MCCORM
Item
Description
HAVEN APARTMENTS:
ST2X1XXBF2UXXXND
2 OMNI+ T2 100CF AMR .1 FPL 17LL
PROGRAMMED TO 1000 GAL
M18G7K
2 RUB MTR GSKT
FNWNBSZ1P
4 ZN 150# FLG NUT/BLT SET
SSX5X13AP1 FLXSXD
LF 1 SR2 TRPL 100CF 20 BC LH
PROGRAMMED TO 1000 GAL
M18G4G
1 RUB MTR WSHR
S5390730600001
PTS PKG HSG TRPL BLACK
SUBTOTAL
STETSON HEIGHTS DEVELOPMT:
SSX2X138P1 FLXSOD
LF 5/8X3/4 SR2 TRPL 100CF 6 BC LH
PROGRAMMED TO 10 GAL
BR308
3/4X1/8 RUB MTR WSHR
S5390730600001
PTS PKG HSG TRPL BLACK
SUBTOTAL
MCCORMICK WEST:
SSX2X138P1 FLXSOD
LF 5/8X3/4 SR2 TRPL 100CF 6 BC LH
PROGRAMMED TO 1000 GAL
BR308
3/4X1/8 RUB MTR WSHR
S5390730600001
PTS PKG HSG TRPL BLACK
SUBTOTAL
** PER DES CONTRACT 01118
Quantity Net Price UM Total
10
1145.090
EA
11450.90
20
1.500
EA
30.00
5
8.310
EA
41.55
1
290.790
EA
290.79
2
0.400
EA
0.80
11
10.000
EA
110.00
11924.04
200
177.110
EA
35422.00
400
0.230
EA
92.00
200
10.000
EA
2000.00
37514.00
150
177.110
EA
26566.50
300
0.230
EA
69.00
150
10.000
EA
1500.00
28135.50
Net Total: $77573.54
Tax: $7136.75
Freight: $0.00
Total: $84710.29
0� 0 HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
corpQ@tp,�T:�Arvey about your bids:
!] https://survey.medalIia.com/?bidsorder&fc=l604&on=57334
Z FERGUSON° FERGUSON WATERWORKS #3011
Back to Agenda Page 2 of 2
WATERWORKS Price Quotation
Fax: 253-531-9909
17:32:48 JUN 02 2022
Reference No: B423965
Quoted prices are based upon receipt of the total quantity for immediate shipment (48 hours). SHIPMENTS BEYOND 48 HOURS SHALL BE
AT THE PRICE IN EFFECT AT TIME OF SHIPMENT UNLESS NOTED OTHERWISE. QUOTES FOR PRODUCTS SHIPPED FOR RESALE
ARE NOT FIRM UNLESS NOTED OTHERWISE.
CONTACT YOUR SALES REPRESENTATIVE IMMEDIATELY FOR ASSISTANCE WITH DBE/MBE/WBE/SMALL BUSINESS REQUIREMENTS.
Seller not responsible for delays, lack of product or increase of pricing due to causes beyond our control, and/or based upon
Local, State and Federal laws governing type of products that can be sold or put into commerce. This Quote is offered contingent upon the
Buyer's acceptance of Seller's terms and conditions, which are incorporated by reference and found either following this document, or
on the web at https://www.ferguson.com/content/website-info/terms-of-sale
Govt Buyers: All items are open market unless noted otherwise.
LEAD LAW WARNING: It is illegal to install products that are not "lead free" in accordance with US Federal or other applicable law in potable water
systems anticipated for human consumption. Products with "NP in the description are NOT lead free and can only be installed in non -potable
applications. Buyer is solely responsible for product selection.
COVID-19 ORDER: ANY REFERENCE TO OR INCORPORATION OF EXECUTIVE ORDER 14042 AND/OR THE EO-IMPLEMENTING FEDERAL
CLAUSES (FAR 52.223-99 AND/OR DFARS 252.223-7999) IS EXPRESSLY REJECTED BY SELLER AND SHALL NOT APPLY AS SELLER IS A
MATERIALS SUPPLIER AND THEREFORE EXEMPT UNDER THE EXECUTIVE ORDER.
HOW ARE WE DOING? WE WANT YOUR FEEDBACK!
Scan the QR code or use the link below to
conRietR � Ivey about your bids:
p https://survey.medalIia.com/?bidsorder&fc=l604&on=57334
Backto Agenda
CITY OF PORT ORCHARD
PURCHASES THROUGH INTERLOCAL AGREEMENTS
City Contract No.: C057-13
Interlocal Agreement with the Host Agency (government agency or Purchasing Co -Op name):
Deaartment of Enterarise Services (DES)
Item Description: Water Meters and Associated Parts for Haven Apartments, Stetson Heights, McCormick
West Develoaments
Do you have an Interlocal agreement signed with the Contract (host) Agency?
® If yes, where is it filed: Clerk's office
❑ If no, get a mutually signed Agreement in place before you continue.
State OSP Contract No.#: 01118
If you have an Office of State Procurement (OSP) contract number you may skip the remainder of this test
because the OSP contracts comply with remaining requirements and retain the documentation on hand for
SAO to review in the OSP offices.
Is this a technology contract?
❑ If yes, do your own rules allow for technology contracts to be negotiated?
❑ If your own rules allow for negotiated IT contracts, you can skip this test.
Is this a services contract?
❑ If yes, do your own rules allow services to be negotiated?
❑ If your own rules allow for negotiated services, you can skip the remainder of the test.
Are you using this as only one of multiple quotes, for a small purchase?
❑ If yes, you can skip the remainder of the test. Your purchase will not mandate the sealed bid rules.
Checklist for Re uired Compliance
Is the Host agency a public agencyi .
❑ Yes
❑ No
If Yes, what state laws apply to Host Agency:
Does the host agency have a requirement
❑ Yes
❑ No
Federal and State contract rules usually don't
to run a newspaper ad in their local paper
require a newspaper ad. For others, attach the
and did they comply
ad or place into the file
Did they list on the public agency's
❑ Yes
❑ No
If Yes, state when and the address, and proof
website?
of date, address shall be attached or placed into
the file. If No, you cannot use the bid.
Did the bid & award comply with the
❑ Yes
❑ No
If Yes, obtain documentation to support answer
Host agency's state procurement laws?
from Host Agency. If No, you cannot use the
bid.
1 RCW 39.34.020 (1), "public agency' means any agency, political subdivision, or unit of local government of this state including, but
not limited to, municipal corporations, quasi municipal corporations, special purpose districts, and local service districts; any agency
of the state government; any agency of the United States; any Indian tribe recognized as such by the federal government; and any
political subdivision of another state
Page 9 of 274
Backto Agenda
rpm
n INYI a 'w - a W
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 Meeting Date
Subject: Adoption of a Resolution Repealing Prepared by
Resolution No. 013-19 and Am3rovinjz the
June 14, 2022
Brandy Wallace, MMC
Citv Clerk
Collection of Funds for Chimes & Lights Atty Routing No.: N/A
Events Atty Review Date: N/A
Summary: In 2019 the Festival of Chimes and Lights committee held a new event, the Downtown Tree
Decorating contest, which has been very successful and continues to have 100% participation.
Resolution No. 013-19, adopted by the City Council on May 14, 2019, allowed the collection of $50
dollars for the Tree Decorating contest. The money goes directly to the cost of purchasing the themed
item, expenses associated with placement, transporting, maintaining, supplies, and the like.
In 2022, staff was notified cost of the trees would be increasing. The Festival of Chimes and Lights
Committee would like to raise the Tree Decorating contest collection from $50 to $55. The money would
go directly to the cost of purchasing the themed item, expenses associated with placement,
transporting, maintaining, supplies, as well as purchase of Christmas lights to be placed around City Hall
and downtown Port Orchard.
Relationship to Comprehensive Plan: None.
Recommendation: Staff recommends adoption of a resolution repealing Resolution No. 013-19 and
allow the City to collect funds in the amount of $55 for Chimes and Lights events.
Motion for Consideration: I move to adopt a resolution, repealing Resolution No. 013-19 and allow the
City to collect funds in the amount of $55 for Chimes and Lights events.
Fiscal Impact: Each participate will pay a $55 adoption fee. All the funds will go directly to expenses
associated with the activity as well as purchase of Christmas lights for City Hall and downtown Port
Orchard.
Alternatives: N/A
Attachments: Resolution and Resolution No. 013-19.
Page 10 of 274
Backto Agenda
RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON REPEALING
RESOLUTION NO. 013-19 AND APPROVING THE CITY TO COLLECT FUNDS FOR
CHIMES AND LIGHTS EVENTS.
WHEREAS, in 2019, the Festival of Chimes and Lights committee held a new event the
Downtown Tree Decorating contest, which has been very successful and continues to have
100% participation; and
WHEREAS, Resolution No. 013-19, adopted by the City Council on May 14, 2019,
allowed the collection of $50 dollars for the Tree Decorating contest. The money goes directly
to the cost of purchasing the themed item, expenses associated with placement, transporting,
maintaining, and supplies; and
WHEREAS, in 2022, staff was notified cost of the trees would be increasing. The Festival
of Chimes and Lights Committee would like to raise the Tree Decorating contest collection from
$50 to $55. The money would go directly to the cost of purchasing the themed item, expenses
associated with placement, transporting, maintaining, supplies, as well as purchase of
Christmas lights to be placed around City Hall and downtown Port Orchard; and
WHEREAS, in order for the City to raise the collection participation fee to $55, and
authorize the collection of money, now therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City of Port Orchard shall collect a fee of $55 from each person or
entity participating in a City -sponsored activity at a Festival of Chimes and Lights
event. Collected fees will be used solely for the purchase of the activity -related
item(s) and any other cost associated with putting on the activity including the
purchase of Christmas lights for around City Hall and downtown Port Orchard.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 14t" day of June 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 11 of 274
Back to Agenda
RESOLUTION NO. 013-19
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON TO ALLOW THE
CITY TO COLLECT FUNDS FOR CHIMES AND LIGHTS EVENTS.
WHEREAS, last year was the 20th anniversary of the Festival of Chimes and Lights and
the Festival of Chimes and Lights committee held a new event downtown on Bay Street: the
Tree Decorating Contest, which was very successful; and
WHEREAS, to encourage the community and businesses to remain engaged in
participating in the City's annual event, new activities are created each year; and
WHEREAS, when applicants participate in an activity requiring a payment to offset the
costs to the City of sponsoring the activity, the City Council has determined it to be appropriate
for them to pay to the City a fee of $50, with the money going directly to the cost of purchasing
the themed item, and expenses associated with placement, transporting, maintaining, supplies,
and the like; and
WHEREAS, in order for the City to collect the participation fee, the City Council must
pass a resolution authorizing staff to accept the fee, now therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: The City of Port Orchard shall collect a fee of $50 from each person or
entity participating in a City -sponsored activity at a Festival of Chimes and Lights
event. Collected fees will be used solely for the purchase of the activity -related
item(s) and any other cost associated with putting on the activity.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the City Clerk in authentication of such passage this 14th day of May 2019.
Robert Putaa suu, Mayor
ATTEST:
,00 ppR7
Brandy Rinea on, MC, City Clerk =C3: �° �o•�
SEAL
,fi 1I N Ate %a``��.
Page 12 of 274
Back to Agenda
City of Port Orchard
Council Meeting Minutes
Work Study Session Meeting of May 17, 2022
CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:30 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem 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
Present via Remote Access
Staff present via remote access: Community Development Director Bond, City Attorney Archer, City
Clerk Wallace, and Deputy City Clerk Floyd.
The meeting also streamed live on YouTube.
Pledge of Allegiance
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
1. 2022 Comprehensive Plan Amendments (Time Stamp 0:00:53)
Community Development Director Bond explained the City Council has a package of amendments,
which were recommended by the Planning Commission. These amendments have already gone
before Council and the Land Use Committee. Also, in January, Council adopted the Parks Plan by
resolution to ensure the City's eligibility for RCO (Recreation and Conservation Office) grants. The
Parks Plan has been reviewed and this is just the formal process of adopting it into our
Comprehensive Plan.
The three amendments are to update the Parks Element and adopt the Parks, Recreation and Open
Space (PROS) Plan by reference; updates to the six -year and twenty-year TIP (Transportation
Improvement Program (TIP) which includes prioritizing projects, adjusting budgets and inclusion of
a TIB (Transportation Improvement Board) funded complete street grant project into the six -year
TIP; and adopt the 2021 Amendments to the Water System Plan.
Page 13 of 274
Backto Agenda
Minutes of May 17, 2022
Page 2 of 3
Additionally, Mr. Bond said there was no public testimony during the Planning Commission meeting
on these amendments. This will go back before Council on June 14t" for adoption, and Council must
adopt the new Capital Facilities Program for Parks before the City can update the park impact fees
schedule.
A brief discussion was held on minor details of the PROS.
Council Direction: No direction given to staff.
2. Port Orchard Municipal Code 20.162.044 Definitions Generally — "Wetland, Isolated" (Time
Stamp 0:05:33)
Community Development Director Bond said this is a relatively minor code amendment. This has
been discussed at the Planning Commission meeting and is also scheduled as a public hearing during
the June Planning Commission meeting.
When we updated our critical areas code in 2016 under the state mandate, the guidance from
Commerce at that time included a definition for isolated wetland. That definition requires the only
person who can determine if a wetland is isolated is the US Army Corps of Engineers, whom have no
interest in making these types of determinations. If you do apply to them, it could take one to two -
yea rs.
We have a project right now that is stalled because there is an isolated wetland. Mr. Bond contacted
staff at the Department of Ecology (DOE) who said this definition guidance has been deleted from
the 2024 guidance that is still in draft form, and they would have no objection to the City making
revisions. Most of our neighboring jurisdictions have not adopted this definition of isolated wetlands.
City staff has been working with our attorney and our on -call biologist consultant to come up with a
new definition that gives us more flexibility.
The proposal is to change the definition to provide clarity on requirements related to providing
isolated wetland determinations. A public hearing is scheduled for the June Planning Commission
meeting and this will come back before Council for adoption in June.
Additional discussion was held regarding the proposed definition and the current project on hold.
Council Direction: No direction was given to staff.
GOOD OF THE ORDER (Time Stamp 0:10:22)
Mayor Putaansuu reported on summer interns, records on the 4t" floor, Affordable Housing funds
and housing in Port Orchard, office space needs, Association of Washington Cities meeting, Etta
Turner Park improvements, Windermere's Community Service Day at McCormick Village Park, new
Council Chambers equipment, and Work Study meetings.
Page 14 of 274
Back to Agenda
Minutes of May 17, 2022
PaRe3of3
In addition, Mayor Putaansuu shared clip from a Fair & Sustainable Cities conference that featured
comments from a City of Bothell Councilmember.
Discussion was held regarding the video and a letter Mayor Putaansuu will be sending out, and
current conditions and updates of Veteran's Park.
/_1II9111:Zi:Wh,1111
The meeting adjourned at 6:56 p.m. No other action was taken. Audio/Visual was successful.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
Page 15 of 274
Backto Agenda
City of Port Orchard
Council Meeting Minutes
Regular Meeting of May 24, 2022
1. CALL TO ORDER AND ROLL CALL
Mayor Putaansuu called the meeting to order at 6:32 p.m.
Roll call was taken by the City Clerk as follows:
Mayor Pro-Tem Lucarelli
Present
Councilmember Chang
Present
Councilmember Clauson
Present
Councilmember Cucciardi
Present
Councilmember Diener
Present
Councilmember Trenary
Present
Councilmember Rosapepe
Present
Mayor Putaansuu
Present
Staff present: Public Works Director Dorsey, Finance Director Crocker, HR Manager Lund, Network
Administrator Havert, Community Development Director Bond, City Attorney Archer, City Clerk
Wallace, and Deputy City Clerk Floyd.
The meeting also streamed live on YouTube.
A. PLEDGE OF ALLEGIANCE (Time Stamp: 0:03:02)
Mayor Putaansuu led the audience and Council in the Pledge of Allegiance.
2. APPROVAL OF AGENDA (Time Stamp: 0:03:25)
MOTION: By Councilmember Cucciardi, seconded by Councilmember Lucarelli, to approve the
agenda as presented.
The motion carried.
3. CITIZENS COMMENTS (Time Stamp: 0:03:54)
Susan Daniels said there are a lot of things on the agenda that have to do with environment and
asked Council to keep the environment in mind. Also, asked Council to consider joining the Clean
Cities Coalition for Western Washington. Lastly, thanked Council for making Port Orchard a
wonderful place to live.
Page 16 of 274
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Minutes of May 24, 2022
Page 2 of 6
4. CONSENT AGENDA (Time Stamp: 0:09:35)
A. Approval of Voucher Nos. 84057 through 84141 including bank drafts in the amount of
$284,763.80 and EFTS in the amount of $96,993.26 totaling $381,757.06.
B. Approval of Payroll Check Nos. 84051through 84056 including bank drafts and EFTS in the amount
of $257,387.31 and Direct Deposits in the amount of $217,929.91 totaling $475,317.22.
C. Approval of a Memorandum of Understanding with the City of Bremerton to Share Municipal
Stormwater Data (Contract No. 076-22)
D. Approval of an Interlocal Agreement with Kitsap County for Participation in the West Sound
Stormwater Outreach Group (ILA KC-292-22) (Contract No. 077-22)
E. Approval of Amendment No. 2 to Contract No. 028-21 with Transportation Solutions Inc. for On -
Call Transportation/Traffic Engineering Services
F. Approval of the May 10, 2022, City Council Meeting Minutes
MOTION: By Councilmember Clauson, seconded by Council member Trenary, to approve the consent
agenda as published.
The motion carried.
S. PRESENTATION
There were no presentations.
6. PUBLIC HEARING (Time Stamp: 0:10:02)
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
Mayor Putaansuu said they received a letter from McCormick Communities on this matter and it was
distributed to the Council.
At 6:47 p.m., Mayor Putaansuu opened the public hearing.
Greg Krabbe, on behalf of McCormick Communities, noted they received the draft of the park fee
calculations and said one of the fees increased by almost 600%. He voiced concerns of the fee rates
and how none of the McCormick Community parks and trails were included in the park assessment.
He spoke to McCormick and the vision of improvements to open space and trails, parks, and multi -
modal trail. They propose working to find a way to make McCormick's existing and proposed
improvements available to the public in exchange for credits to the proposed park fee. He asked
Council to not adopt the park fees until they have had time to work with the City on a mutually
beneficial agreement.
There being no more testimony, Mayor Putaansuu closed the public hearing at 6:51 p.m.
Page 17 of 274
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Minutes of May 24, 2022
PaRe3of6
7. EXECUTIVE SESSION (Time Stamp: 0:18:32)
Mayor Putaansuu explained the executive session will be held at the end of the meeting with no
action to be taken.
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" (Time Stamp: 0:18:49)
MOTION: By Councilmember Rosapepe, seconded by Councilmember Diener, to adopt an ordinance
amending POMC 10.12.010 to include the 191h day of June, commonly known as Juneteenth, as a
recognized City holiday.
The motion carried.
(Ordinance No. 018-22)
B. Adoption of an Ordinance Establishing a $10,000 Recruitment Incentive for Lateral Peace
Officers (Time Stamp: 0:21:26)
MOTION: By Councilmember Clauson, seconded by Councilmember Cucciardi to adopt an ordinance
authorizing the Mayor to provide a $10,000 hiring incentive to qualified lateral peace officer
applicants, effective June 1, 2022.
The motion carried.
(Ordinance No. 019-22)
C. Adoption of a Resolution Granting Final Plat Approval for Stetson Heights Phase 2 (Time
Stamp 0:28:27)
MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt a resolution,
as presented, granting final plat approval for Stetson Heights Phase 2.
The motion carried.
(Resolution No. 052-22)
D. Approval of a Purchase with CDW-G for Equipment, Installation and Configuration of a New
Server (Time Stamp 0:34:57)
MOTION: By Councilmember Chang, seconded by Councilmember Clauson, to authorize the Mayor
to enter into a purchase agreement with CDW-G to purchase, implement and configure new server
and data storage equipment.
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Minutes of May 24, 2022
Page 4 of 6
The motion carried.
(Purchase Order No. 031-22)
E. Adoption of a Resolution Approving a Contract with Stripe Rite, Inc. for the 2022 Road Striping
Project (Time Stamp 0:41:00)
MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, 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.
The motion carried.
F. Adoption of a Resolution Granting Final Plat Approval for McCormick West Division 12, Phase
1 (Time Stamp 0:45:47)
MOTION: By Councilmember Trenary, seconded by Councilmember Diener, to adopt a resolution, as
presented, granting final plat approval for McCormick West, Division 12, Phase 1.
The motion carried.
(Resolution No. 053-22)
G. Adoption of a Resolution Granting Final Plat Approval for Geiger Final Plat (Time Stamp
0:47:36)
MOTION: By Councilmember Diener, seconded by Councilmember Clauson, to adopt a resolution as
presented, granting final plat approval of the Plat of Geiger Road.
The motion carried.
(Resolution No. 054-22)
H. Adoption of a Resolution Approving a Contract with Central Paving, LLC for the 2022 City -Wide
Asphalt Repair Project (Time Stamp 0:50:27)
MOTION: By Councilmember Chang, seconded by Councilmember Trenary, 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.
The motion carried.
I. Adoption of a Resolution Approving a Contract with Art Anderson Associates, Inc. for the
Melcher Pump Station Rehabilitation Project Design (Time Stamp 0:55:04)
Page 19 of 274
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Minutes of May 24, 2022
Page 5 of 6
MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe 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 $120,282.00.
The motion carried.
J. Adoption of a Resolution Approving a Contract for the Lippert Road Repair and Sidewalk
Retrofit Project (Time Stamp 0:58:19)
MOTION: By Councilmember Rosapepe, seconded by Councilmember Clauson to adopt Resolution
No. 022-22, thereby approving Contract No. CO24-22 with Sascon, LLC for the Lippert Road Repair
and Sidewalk Retrofit project in the amount of $557,313.
The motion carried.
9. DISCUSSION ITEMS (No Action to be Taken) (Time Stamp: 1:04:20)
A. Continued: Veterans Park
City Attorney Archer said work is continuing with the code enforcement officer with regards to
contacting the County. She mentioned a photographic update and revised notices will be presented
at the next regular Council meeting [June 14, 20221.
Council Direction: No direction was given to staff.
10. REPORTS OF COUNCIL COMMITTEES (Time Stamp: 1:04:49)
Mayor Putaansuu reported the Economic Development and Tourism Committee is scheduled to
meet June 20tn. The Transportation Committee is scheduled to meet June 28tn
Councilmember Lucarelli reported on the May 10tn Utilities Committee meeting, the May 16tn
Festival of Chimes and Lights Committee meeting, and the May 18tn Sewer Advisory Committee
meeting.
Councilmember Clauson reported on the May 17tn Finance Committee meeting.
Councilmember Diener reported on the May 18tn Land Use Committee meeting.
Mayor Putaansuu reported on the Housing Kitsap Board meeting and the upcoming Puget Sound
Regional Council General Assembly meeting.
11. REPORT OF MAYOR (Time Stamp 1:13:45)
Page 20 of 274
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Minutes of May 24, 2022
Page 6 of 6
The Mayor reported on the following:
• Community Service Day at McCormick Village Park;
• Work study discussion regarding Councilmembers attending Council meeting remotely;
and
• Community Survey results which included crime, homelessness, traffic congestion, trails
and parks, and transfer of Veteran's Park to the city.
12. REPORT OF DEPARTMENT HEADS (Time Stamp 1:23:45)
Finance Director Crocker reported on annual report filing and deadline.
City Attorney Archer urged Council to congratulate and give accolades to Heidi Draper, the public
works new procurement specialist.
13. CITIZEN COMMENTS (Time Stamp: 1:25:05)
Heidi Fenton would rather put money into roads than parks, and voiced concerns regarding the
closure of Annapolis Dock.
Mayor Putaansuu responded the Annapolis Dock is a transit facility and not a city facility.
14. GOOD OF THE ORDER
There was no good of the order.
15. EXECUTIVE SESSION
At 8:01 p.m., Mayor Putaansuu recessed the meeting for a 15-minute executive session pursuant to
RCW 42.30.110(1)(i) to discuss with legal counsel legal risks of a proposed action when public
discussion could have adverse legal or financial consequences. City Attorney Archer, Public Works
Director Dorsey, Community Development Director Bond and Finance Director Crocker were invited
to attend, and Mayor Putaansuu noted no action will be taken.
At 8:16 p.m., Mayor Putaansuu reconvened the meeting back into session.
16. ADJOURNMENT
The meeting adjourned at 8:16 p.m. No other action was taken. Audio/Visual was successful.
Brandy Wallace, MMC, City Clerk Robert Putaansuu, Mayor
Page 21 of 274
Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Business Item 8A
Agenda Staff Report
Subject: Approval of a Collective Bargaining
Agreement with the Police Guild
Representing Patrol Officers for 2022-2024
Backto Agenda
Meeting Date:
June 14, 2022
Prepared by:
Debbie Lund
HR Manager
Atty Routing No.:
366922-0008-HR
Atty Review Date:
June 9, 2022
Summary: The contract between the City and the Police Guild representing Patrol Officers expired December
31, 2021. The City and representatives from the Guild have been meeting since August to negotiate a successor
agreement. The parties entered mediation in February 2022 and after several mediation sessions reached a
tentative agreement. The Guild is voting on the agreement and we will have the results of that vote prior to
the meeting in which the City Council is asked to approve the agreement.
The City Council has been briefed on the proposed changes and provided the complete, draft agreement under
attorney -client privilege.
Recommendation: Staff recommends the City Council authorize the Mayor to sign the 2022-2024 agreement
with the Police Guild representing the Patrol Officer Employees.
Relationship to Comprehensive Plan: N/A
Motion for consideration: "I move to authorize the Mayor to sign the 2022-2024 collective bargaining
agreement between the City of Port Orchard and Police Guild representing the Patrol Officer Employees."
Fiscal Impact: Provided for in the 2021-2022 budget.
Alternatives: Do not approve the contract and provide alternative guidance.
Attachments: The agreement under consideration tonight is not a public document until approved by Council
and signed by the parties; it is, therefore, not attached.
Page 22 of 274
Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Business Item 8B
Agenda Staff Report
Subject: Approval of a Collective Bargaining
Agreement with the Police Guild
Representing Sergeants for 2022-2024
Backto Agenda
Meeting Date:
June 14, 2022
Prepared by:
Debbie Lund
HR Manager
Atty Routing No.:
366922-0008-HR
Atty Review Date:
June 9, 2022
Summary: The contract between the City and the Police Guild representing Sergeants expired December 31,
2021. The City and representatives from the Guild have been meeting since August to negotiate a successor
agreement. The parties entered mediation in February 2022 and after several mediation sessions reached a
tentative agreement. The Guild is voting on the agreement and we will have the results of that vote prior to
the meeting in which the City Council is asked to approve the agreement.
The City Council has been briefed on the proposed changes and provided the complete, draft agreement under
attorney -client privilege.
Recommendation: Staff recommends the City Council authorize the Mayor to sign the 2022-2024 agreement
with the Police Guild representing the Sergeant Employees.
Relationship to Comprehensive Plan: N/A
Motion for consideration: "I move to authorize the Mayor to sign the 2022-2024 collective bargaining
agreement between the City of Port Orchard and Police Guild representing the Sergeant Employees."
Fiscal Impact: Provided for in the 2021-2022 budget.
Alternatives: Do not approve the contract and provide alternative guidance.
Attachments: The agreement under consideration tonight is not a public document until approved by Council
and signed by the parties; it is, therefore, not attached.
Page 23 of 274
Backto Agenda
City of Port Orchard
216 Prospect Street Port Orchard WA 98366
n oINYI _A,_ (360) 876-4407 • FAX (360) 895-9029
Aeenda Staff Resort
Agenda Item No.: Business Item 8C Meeting Date: June 14, 2022
Subject: Adoption of an Ordinance Amending Port Prepared by: Nick Bond, AICP
Orchard Municipal Code Section 20.162.044 Development Director
Amending the Definition of Wetland, Atty Routing No.: Development -Matter 11
Isolated Atty Review Date: June 7, 2022
Summary: In 2018, the City Council adopted Chapter 20.162, the City's Critical Areas Ordinance, which
contains the standards and permitting requirements for development activity on lands with and adjacent to
critical areas within the city. City staff are proposing to amend Section 20.162.044 (Definitions — Generally.),
to provide clarity on requirements related to providing determinations of isolated wetlands.
Currently, the definition in POMC 20.162.044 requires a determination from the United States Army Corps of
Engineers (USACE) that a wetland is isolated. This definition was based on guidance from the Washington
Department of Ecology (DOE), but since City adoption of POMC 20.162, DOE has backed off the definition.
DOE recognizes that the USACE does not necessarily need to make the determination that a wetland is
isolated, but that certain development activities impacting an isolated wetland may still require USACE
approval. The proposed change to the definition, creates a pathway for determining if a wetland is isolated
based on best available science without awaiting a USACE determination.
The City of Port Orchard SEPA Responsible Official issued a Determination of Nonsignificance (DNS) on May 6,
2022. The Department of Community Development (DCD) did not receive comments related to the DNS. DCD
provided the DNS and the proposed code amendment to the Washington Department of Commerce for
review on May 5, 2022.
The Planning Commission held a public hearing to solicit public input and provide a recommendation to the
City Council on June 7, 2022. Staff provided Notice of Hearing consistent with the requirements of the Port
Orchard Municipal Code on May 24, 2022 and did not receive any comments regarding the amendment. The
Planning Commission provided a recommendation to the City Council to adopt the amendment to the
definition of an isolated wetland as presented.
Relationship to Comprehensive Plan: Implementation of the adopted City of Port Orchard Comprehensive
Plan Natural Systems Element and Land Use Element.
Recommendation: The City Council should consider and discuss the draft ordinance as presented along with
all public feedback received on this topic.
Motion for consideration: "I move to adopt an ordinance amending POMC 20.162.044 amending the
definition of 'wetland, isolated', as presented."
Page 24 of 274
Backto Agenda
Staff Report 8C
Page 2 of 2
Fiscal Impact: None foreseen.
Alternatives: Do not approve the proposed ordinance. Consider amendments to the proposed ordinance
based on public input.
Attachments: Ordinance.
Page 25 of 274
Back to Agenda
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGARDING CRITICAL AREAS REGULATIONS, AMENDING SECTION
20.162.044 (DEFINITIONS, GENERALLY) OF THE PORT ORCHARD
MUNICIPAL CODE TO UPDATE THE DEFINITION FOR "WETLAND,
ISOLATED"; PROVIDING FOR SEVERABILITY AND CORRECTIONS;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on March 12, 2019, the City Council adopted Title 20 (Unified Land Use and
Development Code) of the Port Orchard Municipal Code (POMC), Ord. 011-19, containing the City of
Port Orchard's land use, zoning and permitting regulations; and
WHEREAS, the City Council desires to amend POMC Section 20.162.044 (Definitions, generally)
to amend the definition of "wetland, isolated"; and
WHEREAS, this Ordinance was submitted to the Department of Commerce for 15-day
expedited review on May 5, 2022 which was granted by Commerce and the requisite time has now
passed to allow this ordinance to be adopted; and
WHEREAS, on May 6, 2022, the City's SEPA official issued a determination of nonsignificance
for the proposed amendment, which was published and provided to the public in accordance with
POMC 20.160.190 and WAC 197-11-510, and there have been no appeals; and
WHEREAS, on May 24, 2022, the City issued a Notice of Public Hearing for the proposed
amendment to POMC 20.162.044, which was published and provided to the public in accordance
with POMC 20.25.050; and
WHEREAS, the Planning Commission conducted a public hearing on the substance of this
Ordinance on June 7, 2022, and recommended adoption by the City Council; and
WHEREAS, the City Council, after careful consideration of the recommendation from the
Planning Commission, all public comment, and the Ordinance, finds that this Ordinance is
consistent with the City's Comprehensive Plan and development regulations, the Growth
Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests
of the residents of the City and further advance the public health, safety and welfare; now,
therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES HEREBY ORDAIN
AS FOLLOWS:
Page 26 of 274
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Ordinance No. _
Page 2 of 3
SECTION 1. Recitals. The recitals set forth in this ordinance are hereby incorporated
as if fully set forth herein.
SECTION 2. The definition for "Wetland, isolated" contained within POMC 20.162.044
Definitions, generally —is hereby revised to read as follows:
"Wetlands, isolated" means a wetland that is
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based on its geographic isolation, ecological isolation, or hydrologic isolation. Isolated
wetlands are defined by a very specific type of hydrologic isolation —they do not have
a surface outlet by which water leaves the wetland, even seasonally. to another
water body. Isolated wetlands can also be sloped wetlands where surface waterif
resent, re-enters the shallow groundwater zone at the base of the wetland and is
not linked via surface flows to a downstream water body. Any project involving filling
or altering a wetland that meets this definition of isolated wetland is subject to
regulation by the State Department of Ecology under the Water Pollution Control Act
(90.48 RCW), in addition to the provisions in this chapter. An isolated wetland may
also be regulated by the US Army Corps of Engineers under the Clean Water Act.
Dredge or fill of a federally regulated wetland is regulated by the US Army Corps of
Engineers under the Clean Water Act and altering a federally -regulated wetland may
require federal review.
SECTION 3. Conflict. In the event of a conflict between this Ordinance, and any
Ordinance or regulation of the City, the provisions of this Ordinance shall control, except that the
provisions of the City's critical areas code, shoreline master program or any International Building
Code shall supersede.
SECTION 4. 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 5. Severability. If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not
affect the validity of the remaining parts of this ordinance.
Page 27 of 274
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Ordinance No.
Page 3 of 3
SECTION 6. Effective Date. This ordinance shall be published in the official
newspaper of the city and shall take full force and effect five (5) days after the date of publication.
A summary of this ordinance in the form of the ordinance title 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 City Clerk in authentication of such passage this 14t" day of June 2022.
Robert Putaansuu, Mayor
ATTEST:
Brandy Wallace, MMC, City Clerk
Charlotte A. Archer, City Attorney Scott Diener, Councilmember
PUBLISHED:
EFFECTIVE DATE:
Page 28 of 274
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 8D
Subject: Adoption of a Resolution Approving a Contract
with Stripe Rite, Inc. for 2022 Thermoplastic
Applications
Backto Agenda
Meeting Date: June 14, 2022
Prepared by: Mark Dorsey, P.E.
Public Works Director
Atty Routing No:
Atty Review Date:
366922-0009
June 9, 2022
Summary: The City of Port Orchard updates thermoplastic pavement marking applications 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 Thermoplastic Application Project ("Project"). To select Stripe Rite, for this
Project, on April 28, 2022, Public Works staff established a list of qualified contractors from the 2022 MRSC
Small Works Roster for the Main Category — Roadway Construction, Repair and Maintenance, and Sub -
Category — Asphalt Pavement Grinding, Planing & Pulverization, Pavement Markings. A copy of that list of
qualified contractors is attached to the Resolution as Exhibit A.
On May 6, 2022, and pursuant to the City's Procurement Policies adopted by Resolution No. 036-22, as
amended (see Section 5 — Bid Procedures), the City's Public Works Department issued an email Invitation
to Bid to five (5) qualified contractors on the selected roster. Two (2) bids were received by the May 23,
2022, 1:00pm deadline, at which time staff determined Stripe Rite, Inc was the presumed responsive and
qualified low bidder. Final bid amounts were as follows:
Name of Contractor
Bid Total
Specialized Pavement Markings, LLC
$70,998.80
Stripe Rite, Inc
$63,165.00
On May 23, 2022, the City's Public Works Department Staff completed the MRSC Mandatory Bidder
Responsibility Checklist and determined that the Stripe Rite, Inc. bid of $63,165.00 (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. 058-22, authorizing the
Mayor to execute Contract No. C053-22 with Stripe Rite, Inc for the 2022 Thermoplastic Application
Project in the amount of $63,165.00.
Relationship to Comprehensive Plan: Chapter 8-Transportation
Motion for Consideration: I move to adopt Resolution No. 058-22, authorizing the Mayor to execute
Contract No. C053-22 with Stripe Rite, Inc for the 2022 Thermoplastic Application Project in the amount
of $63,165.00.
Page 29 of 274
Backto Agenda
Business Item 8D
Page 2 of 2
Fiscal Impact: $80,000 was budgeted for Thermoplastic Application in the 2021-2022 Biennial
Budget, this work is budgeted under 002.05.542.64.40. A budget amendment is needed due to the
increased expense of other street maintenance items (paving, striping, etc.).
Alternatives: Do not approve.
Attachments: Resolution No. 058-22, Ex. A — MRSC Roster, and Ex. B - Small Works Contract No.
C053-22.
Page 30 of 274
Back to Agenda
RESOLUTION NO. 058-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING
SMALL WORKS CONTRACT NO. C053-22 WITH STRIPE RITE, INC. FOR THE 2022
THERMOPLASTIC APPLICATION PROJECT AND DOCUMENTING THE SMALL
PUBLIC WORKS ROSTER PROCUREMENT PROCEDURES.
WHEREAS, the City identified the need for the application of thermoplastic pavement
markings throughout the City in 2022 (the "Project"); and
WHEREAS, as performed annually since 2013, for 2022 the Municipal Research and
Services Center of Washington (MRSC) solicited on behalf of participating local government
agencies within Washington State (including the City of Port Orchard) for the 2022 MRSC Small
Public Works Roster for projects of this type; and
WHEREAS, on April 28, 2022, pursuant to RCW 39.04.155, the City's Public Works
Department established a roster of qualified contractors for the Project from the 2022 MRSC
Small Works Roster, a copy of which is attached hereto as Exhibit A, for the Main Category —
Roadway Construction, Repair and Maintenance, and Sub -Category — Asphalt Pavement
Grinding, Planing & Pulverization, Pavement Markings; and
WHEREAS, on May 6, 2022, and pursuant to the City's Procurement Policies adopted by
Resolution No. 036-22, as amended, at Section 5.0 Bid Procedures, the City's Public Works
Department issued an email Invitation to Bid for the Project to five (5) contractors on the
selected roster; and
WHEREAS, on May 23, 2022, the City's Public Works Department received two (2) bids
by the 1:00pm deadline, and staff determined Stripe Rite, Inc. submitted the apparent lowest,
qualified bid for the Project; and
WHEREAS, on May 23, 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 bidder; and
WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State
Auditor's Office, wishes to document their selection/procurement process as described above
for this particular contract by Resolution; Now, Therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above
are hereby adopted and incorporated as findings in support of this Resolution.
Page 31 of 274
Back to Agenda,
Resolution No. 058-22
Page 2of2
THAT: The City Council approves and authorizes the Mayor to execute Contract No.
C053-22 with Stripe Rite, Inc for the 2022 Thermoplastic Application 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 141h day of June 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 32 of 274
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Public Agency Name: City of Port Orchard
Roster Type: Small Works Roster
Date: 04/28/2022
Time: 01:08 pm
Main -Category: Roadway Construction, Repair, and Maintenance
Sub -Category: Asphalt Pavement Grinding, Planing and Pulverization, Pavement Markings
Small Works Roster Businesses:
A&W Paving, Inc
A.C.E. Improvements
A.C. Moate Industries, Inc
A 1 asphalt paving Inc
AA Asphalting LLC
AAA Sweeping LLC
Action Services Corporation
Active Construction Inc.
Agate Asphalt
Altus Traffic Management LLC dba Statewide Safety Systems
American Electrical Construction Ilc
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
CCT Construction, Inc
Ceccanti, Inc.
Central Paving LLC
Clarity Construction Inc.
Clark And Sons Excavating INC
Coatings Northwest LLC
Columbia Pacific Construction, LLC
Core Tap 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,
Glacier Works, LLC
Global Contractors LLC
Granite Construction Company
Granite Construction Company
Ground Up Road Construction, Inc.
Hanson Excavation
HCP Development
Huber General Contractors Inc
HUIZENGA ENTERPRISES LLC
Inland Company
Interwest Construction Inc.
Iron Creek Construction LLC
J. Linder Painting, LLC
Page 33 of 274
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James Lynch Construction
J A Morris Construction
Julies Construction And Striping LLC
Key Peninsula Construction, LLC
Kissler Enterprises Environmental Products, Inc.
KKLA Contractors, LLC
Lakeridge Paving Co., LLC
Lakeside Industries - Port Ludlow & Port Angeles
Lakeside Industries Inc. - Kent
Lees Demolition Ilc
Legionary Handyman, LLC
Looker Asphalt Inc
Matt Rychel
Maverick Construction and Demo
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
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
R C Walsh & Company LLC
RC Zeigler Company Inc
Redtail
Reece Construction Company
Reign City Services LLC
Reliant Construction Services LLC
Rhizorspainting Ilc
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.
Page 34 of 274
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Specialized Pavement Marking, I I C
Stanley Patrick Striping
STATEWIDE PARKING LOT SERVICE INC
Stripe -A -Lot
Stripe Rlte 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.
UTILIGI Communications
Valdez Construction, Inc
Vet Industrial, Inc.
We Can Dig It
Welwest Construction Inc.
Western United Civil Group LLC
Westwood Company LLC
Winters Family Construction
Page 35 of 274
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and
at:
CITY OF PORT ORCHARD SMALL WORKS OVER $35K
CONSTRUCTION CONTRACT NO. C053-22
PUBLIC WORKS PROJECT NO. PW2022-009
THIS Agreement is made effective as of the 141h day of June, 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
Stripe Rite, Inc
1813 1371h Ave E
Sumner, WA 98390
Contact: Jared Long
for the following Project:
("CONTRACTOR"), a Washington a corporation located
Phone: 360.674.2872 Email: ; al red(a-),striperite.com
2022 Thermoplastic Application ("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. PW2022-009
Small Works Contract No. C053-22
Rev. IBDR 4-2022
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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;
j. Appendix A: Non -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 June 20, 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 $63,165.00 (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. PW2022-009
Small Works Contract No. C053-22
Rev. IBDR 4-2022
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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 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 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. PW2022-009
Small Works Contract No. C053-22
Rev. IBDR 4-2022
Pag�'ageWof 274
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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.
e) Sanctions for Noncompliance: In the event of the Contractor's noncompliance with the
Non-discrimination provisions of this Agreement, the City will impose such contract
sanctions as it or the FHWA may determine to be appropriate, including, but not limited
to:
1. withholding payments to the Contractor under the Agreement until the contractor
complies; and/or
2. cancelling, terminating, or suspending the Agreement, in whole or in part.
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 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
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
Rev. IBDR 4-2022
Pag�4 of3� of 274
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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 Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
Rev. IBDR 4-2022
Pag�'agef4 of 274
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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
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No, C053-22
CONTRACTOR
Stripe Rite nc.
By: '000eA�
eve Bateman
Its: r id�nt
Page 6 of 31
Rcv. IBDR 4-2022
Page 41 of 274
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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. PW2022-009
Small Works Contract No. C053-22
Rev. IBDR 4-2022
Pag�'agef4hf 274
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CERTIFICATE AS TO CORPORATE PRINCIPAL
I, (Corporate Officer (Not Contract Signer))
certify that I am the (Corporate Title) of the
corporation named as the Contractor in the Agreement attached hereto; that
, (Contract Signer) who signed said Agreement on behalf
of the Contractor, was then (Corporate Title) of said corporation;
that said Agreement was duly signed for and in behalf of said corporation by authority of its
governing body, and is within the scope of its corporate powers.
Corporate Seal
Corp. officer signature (not contract signer)
Printed
Title
State of
County of
ss
, (corporate officer (not contract signer)) being
duly sworn, deposes and says that he/she is (Corporate Title)
of (Name of Corporation)
Subscribed and sworn to before me this day of , 20
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
Notary Public (Signature)
Notary Public (Print)
My commission expires
Rev. IBDR 4-2022
Pag�agef4 of 274
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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.
1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor,
material, equipment, tools, overhead and compensation, supplies, taxes, utilities, and other
incidentals necessary to complete the work in a fully functional and operational state. All prices
including bid prices are in US funds.
2. DEFINITIONS: The term "City" means Port Orchard, Washington, "successful bidder" means
the apparent lowest and best responsible bidder to whom an award is made, and "Contractor"
means the successful bidder who has satisfied the requirements for the award and who receives a
contract executed by the City. "Bidder" means the person, firm or corporation that has made an
offer in response to the invitation to bid. "Work" means the construction and services required by
the Contract Documents, whether completed or partially completed, and includes all other labor,
materials, equipment, and services provided or to be provided by the Contractor to fulfill the
Contractor's obligations.
3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate
of registration per chapter 18.27 RCW; a current state unified business identifier number; and if
applicable, industrial insurance coverage for the bidder's employees working in Washington, an
Employment Security Department number, and a state excise tax registration number. In addition,
the bidder must not be disqualified from bidding on any public works contracts under RCW
39.06.010 or 39.12.065(3).
4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law.
Bidders are warned to take into consideration statutory legal requirements, particularly, the
payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax
implications in making their bids. It is the sole responsibility of the bidder to insure that the
appropriate labor classification(s) are identified and that the applicable wage and benefit rates are
taken into consideration when preparing their bid according to these specifications. The Contractor
shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent
to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their
requirements. The Contractor shall also be responsible for and pay all costs pertaining to the
processing of these forms.
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
Rev. IBDR 4-2022
Pag�'agef4 of 274
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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 https:Hfortress.wa.aov/lni/wa elo�okup/prvWa-el�p.aspx 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.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
Rev. IBDR 4-2022
PagY ge Vo'f 274
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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;
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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),
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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.
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 liability for any and all damages,
including the excess of re -procuring similar products or services; 3) for convenience of the City;
or 4) by the City for non -appropriation of funds.
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.
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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.
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Attachment
CITY OF PORT ORCHARD
INSURANCE REQUIREMENTS
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,
caused in whole or in part by
• Commercial General Liability insurance shall Obetten on ISO occurrence form CG 00
01 and shall cover liability es, 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 Wpe?rrned for the City using ISO
Additional Insured endorsement CG 20 10 +@--0:dditional Insured -Completed
Operations endorsement CG 20 37 4$91-or substitut endorsements providing equivalent
coverage. V� 12119
• 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
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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 Availability 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:
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• 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 Subro ag tion. The Contractor waives all rights against the City, any of its
Subcontractors, Sub -subcontractors, agents, and employees, for damages caused by fire or other
perils to the extent covered by Builders Risk insurance or other property insurance obtained
pursuant to this Insurance Requirements Section of the Contract or other property insurance
applicable to the work. The Contractor's insurance shall be endorsed to waive the right of
subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the
City. The City will not waive its right to subrogation against the Contractor. The Contractor's
insurance shall be endorsed acknowledging that the City will not waive its right to subrogation.
Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A:V1I.
Verification of Coverage. The Contractor shall furnish the City with original certificates and a
copy of the amendatory endorsements, including but not necessarily limited to the additional
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 Genjeral liability insurance policy using an endorsement as
least as broad as ISO CG 20 10 ngoing operations and CG 20 37ompleted
operations. 12/19
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
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all Additional Insureds for this work with written notice of any policy cancellation, within two
business days of their receipt of such notice.
Failure to Maintain Insurance. The insurance required by this Section will not be canceled,
materially changed or altered without forty-five (45) days prior written notice submitted to the
City. Failure on the part of the Contractor to maintain insurance as required shall constitute a
material breach of contract, upon which the City may, after giving five business days' notice to
the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion,
procure or renew such insurance and pay any and all premiums in connection therewith, with any
sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset
against funds due the Contractor from the City.
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CITY OF PORT ORCHARD
DECLARATION OF OPTION FOR PERFORMANCE
BOND OR ADDITIONAL RETAINAGE
APPLICABLE TO CONTRACTS OF $150 000 OR LESS —RCW 39.08.010
Note 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):
(1) Furnish a performance bond in the amount of the total contract sum. An
executed performance bond on the required form is included with the executed contract
documents.
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;oentra
Contra for ful Is the said obligations.
ctorSignature, Date Steven Bateman / President
Bond No. 6108122
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
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PERFORMANCE AND PAYMENT BOND
CITY OF PORT ORCHARD
2022 THERMOPLASTIC APPLICATION
CONTRACT NO. C053-22
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
Thermoplastic Application Contract No. C053-22 ("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
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• 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.
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ACKNOWLEDGEMENT
Corporation, Partnership, or Individual
STATE OF
COUNTY OF )
On this day of , 20 , before me, the undersigned, a Notary Public in and
for the State of Washington, duly commissioned and sworn, personally
appeared , to me known to be the (check one of the following boxes):
❑ of
corporation,
❑ of
partnership,
❑ individual,
the
the
that executed the foregoing instrument to be the free and voluntary act and deed of said ❑
corporation, ❑ partnership, ❑ individual for the uses and purposes therein mentioned, and on
oath stated that ❑ he ❑ she was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Seal with Ink Stamp
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
Dated:
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing at:
My Commission expires:
Rev. IBDR 4-2022
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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 ❑ he ❑ she was authorized
to execute said instrument.
WITNESS my hand and official seal hereto affixed the day and year first above written.
Notary Seal with Ink Stamp
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
Dated:
Print or type name
NOTARY PUBLIC,
in and for the State of Washington
Residing
at:
My Commission expires:
Rev. IBDR 4-2022
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CITY OF PORT ORCHARD
MAINTENANCE/WARRANTY BOND
(Note: 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.)
PROJECT #, PERMIT PW2022-009
CONTRACT # C053-22
SURETY BOND #:
DATE POSTED:
EXPIRATION
DATE:
RE: Project Name: 2022 Thermoplastic Application
Owner/Developer/Contractor:
Project Address: City of Port Orchard
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
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
Rev. IBDR 4-2022
PagV ge Ub 274
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of this Bond are as follows: (insert complete description of work here)
B. The Principal and Surety agree that the work and improvements installed in the above -
referenced project shall remain free from defects in material, workmanship and installation (or, in the
case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final
acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent
a decline, lapse or cessation of the state of the project or improvements as accepted by the City during
the twenty-four (24) month period after final and written acceptance, and includes, but is not limited
to, repair or replacement of defective workmanship, materials or installations.
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
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:
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
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009 Rev. IBDR 4-2022
Small Works Contract No. C053-22
PagV ge 6dof 274
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purpose of repairing or maintaining the improvements. This provision shall not be
construed as creating an obligation on the part of the City or its representatives to
repair or maintain such improvements.
E. Corrections. Any corrections required by the City shall be commenced within ten (10) days
of notification by the City and completed within thirty (30) days of the date of notification. If
the work is not performed in a timely manner, the City shall have the right, without recourse
to legal action, to take such action under this bond as described in Section D above.
F. Extensions and Changes. No change, extension of time, alteration or addition to the work to
be performed by the Principal shall affect the obligation of the Principal or Surety on this
bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or
change. The Surety waives notice of any such change, extension, alteration or addition
thereunder.
G. Enforcement. It is specifically agreed by and between the parties that in the event any legal
action must be taken to enforce the provisions of this bond or to collect said bond, the
prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of
the reasonable costs of securing the obligation hereunder. 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
(Signature must be notarized)
By:
Its
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
DEVELOPER/OWNER
(Signature must be notarized)
By
Its
Business Name:
Business Address:
City/State/Zip Code:
Telephone Number:
Rev. IBDR 4-2022
PagV ge Ub 274
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CITY OF PORT ORCHARD
Date:
Its Public Works Director/City Engineer
CHECK FOR ATTACHED NOTARY SIGNATURE
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
Individual (Form P-1)
Corporation (Form P-2)
Surety Company (Form P-2)
Rev. IBDR 4-2022
PagV ge Ub 274
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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.
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
Dated:
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
Rev. IBDR 4-2022
PagV ge Uo'f 274
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FORM P-2 / NOTARY BLOCK
(Use For Partnership or Corporation Only)
(Developer/Owner)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged as the
of that (he/she)
signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
Rev. IBDR 4-2022
PagV ge Uo'f 274
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(Surety Company)
STATE OF WASHINGTON )
ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that is the person
who appeared before me, and said person acknowledged as the
of that (he/she)
signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated:
City of Port Orchard and Stripe Rite, Inc.
Public Works Project No. PW2022-009
Small Works Contract No. C053-22
(print or type name)
NOTARY PUBLIC in and for the
State of Washington, residing
at:
My Commission expires:
Rev. IBDR 4-2022
Pag9 ge Ub 274
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APPENDIX A
During the performance of this Agreement, the Contractor, for itself, its assignees, and successors
in interest agrees to comply with the following non-discrimination statutes and authorities;
including but not limited to 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. PW2022-009
Small Works Contract No. C053-22
Rev. IBDR 4-2022
PagYage Wo'f 274
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SCHEDULE A OF CONTRACT PRICES
(REFER TO EXHIBIT A FOR BREAKDOWN)
2022 Thermoplastic Application
Item #
Description of Work
Estimated
Unit
Unit Bid Price
Total Item# Amount
Quantity
SALES TAX
In accordance with Section I'07.2(1) and DOR Rule 171, State Sales Tax: Work performed on Cby, County, or
Federally -owned }and, 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 orconsumed jndoing the work.
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SGriEDULE B OF CONTRACT PRICES
(REFER TO EXHIBIT B FOR CONSTRUCTION PLAN)
NOTE: Schedule B shall be bid as a Lump Sum according to the construction plan set (Exhibit B) and the Project
Details outlined inthis Invitation toBid. |fadiscrepancy between the numerical unit price and the written
(words) unit price isfound, the written (words) unit price shall control.
Item Estimated
No. Quantity SP/STD Description ofItem Unit Price Amount
1. Lump Sum sro Exhibit o(Construction plan)
$16,250.00
L.S.16,250.00
(Words) Per Lump Sum
SCHEDULE BTOTAL BID: s 16'250.00
Schedule B Total: 4
In accordance with Section I-07.2(1) and DOR Rule 171, State Sales Tax: Work performed on [hK [ounty, or
Federally -owned land, the Contractor shall include Washington State retail sales taxes |Nthe 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 urconsumed indoing the work.
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ACKNOWLEDGEMENTS
CITY OF PORT ORCHARD
2022 THERMOPLASTIC APPLICATION
PUBLIC WORKS PROJECT NO. PW2022-009
The undersigned Bidder hereby agrees to start construction on this project, if awarded, no later than fourteen (14)
calendar days after Notice to Proceed and to complete the project within the time stipulated in the Contract. By
signing below, Bidder acknowledges receipt of the following Addenda to the Bid Documents:
Addendum No. Date of Receipt Addendum No. Date of Receipt
Addendum No. Date of Receipt
Addendum No. Date of Receipt
NOTE: Failure to acknowledge receipt of Addenda may be considered as an irregularity in the Bid Proposal and
Owner reserves the right to determine whether the bid will be disqualified.
By signing below, Bidder certifies that he/she has reviewed the insurance provisions of the Bid Documents and will
provide the required coverage.
The undersigned Bidder hereby certifies that, within the three-year period immediately preceding the bid
solicitation date for this Project, the bidder is not a "willful" violator, as defined in RCW 49.48.082, of any provision
of chapters 49.46, 49.48, or 49.52 RCW, as determined by a final and binding citation and notice of assessment
issued by the Department of Labor and Industries or through a civil judgment entered by a court of limited or general
jurisdiction.
OFFICIAL AUTHORIZED TO SIGN FOR BIDDER:
"I certify (or declare) under penalty of perjury under the laws of the State of Washington that the
foregoing is true and correct."
Signature:
Date:
Printed Name and Title:
Location or Place Executed (City, State):
STEVE BATEMAN/ PRESIDENT
SUMNER, WA 98390
Business Address:
Business Telephone:
1813 137TH AVE E
253.863.2987
NOTES: If the Bidder is a co -partnership, give firm name under which business is transacted; proposal must be
executed by a partner. If the Bidder is a corporation, proposal must be executed in the corporate name by the
president or vice-president (or any other corporate officer accompanied by evidence of authority to sign). Any
signature must be notarized below.
Page 69 of 274
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STATE OF WASHINGTON
)ss.
COUNTY OF PIERCE
I certify that I know or have satisfactory evidence that STEVE BATEMAN signed this proposal, on
oath stated that he/she was authorized to execute the proposal and acknowledged it as the
PRESIDENT (title) of STRIPE RITE, INC (name of party on behalf of
whom proposal was executed) and acknowledged it to be his/her free and voluntary act for the uses and purposes
mentioned in this proposal.
Dated this 20 day of MAY 20 22
Notary Public
KATHRYN ARROWOOD VAN COURT
Printed Name
My Commission Expires: 10/29/2024
Page 70 of 274
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�_. 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 8E Meeting Date
Subject: Adoption of a Resolution Approving a Prepared by
Contract with Art Anderson Associates,
Inc. for the 390 Zone Low Pressure
Booster Station Project Design
Atty Routing No.;
Atty Review Date
June 14, 2022
Mark Dorsey, P.E.
Public Works Director
366922-0013 — Water
June 8, 2022
Summary: The City identified the need for the design and construction of a 390 Zone Low Pressure
Booster Station for 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. 036-
22—the City's Public Works Department established a list of qualified firms for the design of the Project
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 issued an emailed
Request for Qualifications (RFQ) to ten (10) qualified consultants selected from the MRSC roster for the
Project's Roster.
The City did not receive any project -specific Statements of Qualification by the March 8, 2022, 2:00 pm
deadline. Consistent with RCW 39.80.040 and the City's Procurement Policies and Procedures for the
procurement of engineering contracts, on March 25, 2022, Public Works Staff evaluated the statements
of qualifications on file with MRSC for the firms on the Project's Roster and determined that Art
Anderson Associates, Inc. met the requirements and criteria as described in the RFQ and was the most
highly qualified for the Project. On April 13, 2022 Public Works staff met via Zoom with Art Anderson
Associates, Inc to discuss, clarify and develop the Project Understanding and the associated contract
terms. On May 27, 2022, the City received a defined Scope of Work, Budget and Project Timeline for the
Project from the consultant in an amount of $205,041.00.
Recommendation: Staff recommends adoption of Resolution No. 057-22, approving Contract No. C081-
22 with Art Anderson Associates, Inc. for the 390 Zone Low Pressure Booster Station Project Design in
the amount of $205,041.00 and documenting the Professional Services Procurement Procedures.
Relationship to Comprehensive Plan: Chapter 7: Utilities
Motion for Consideration: I move to adopt Resolution No. 057-22, authorizing the Mayor to execute
Contract No. C081-22 with Art Anderson Associates, Inc. for the 390 Zone Low Pressure Booster Station
Project Design in the amount of $205,041.00.
Fiscal Impact: This currently unbudgeted Project includes a PWB loan of $650,000. A budget
amendment will be required.
Page 71 of 274
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Staff Report 8E
Page 2 of 2
Alternatives: Do not approve.
Attachments: Resolution No. 057-22, Exhibit A- MRSC Roster, Contract No. C081-22, and Contract
Exhibit A & B-Art Anderson Associates, Inc. Proposal (dated 5/27/2022).
Page 72 of 274
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RESOLUTION NO.058-22
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE
MAYOR TO EXECUTE CONTRACT NO. C081-22 WITH ART ANDERSON ASSOCIATES, INC.
FOR THE 390 ZONE LOW PRESSURE BOOSTER STATION-SEDGWICK AND DOCUMENTING
I 0 3911"I [Q L1 /_m 014 10L:01:1 V Im" ATI ["i ] :Z91d 01:1J ►Ti LPL 11 11111 0 :T9101 J 111:*19
WHEREAS, the City identified the need for the 390 Zone Low Pressure Booster Station for
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. 036-22, the City's Public
Works Department established a list of qualified firms for the Project from the MRSC 2022
Consultant Roster (see Resolution Exhibit A, attached) for the Main Category — Engineering
Services and Sub -Category — Water System Planning and Design; and
WHEREAS, on February 16, 2022, and pursuant to Resolution No. 036-22, the City's Public
Works Department issued a Request for Qualifications (RFQ) to ten (10) qualified consultants
selected from the Roster; and
WHEREAS, the City did not receive any responsive Statements of Qualifications by the
March 8, 2022, 2:00 pm deadline.
WHEREAS, consistent with RCW 39.80.040 and the City's Procurement Policies and
Procedures for the procurement of engineering contracts, on March 25, 2022, Public Works Staff
determined Art Anderson Associates, Inc, a qualified engineering firm listed on the Roster, met
the requirements and criteria as described in the RFQ and was the most highly qualified on the
Roster for the project based on the statement of qualifications on file with MRSC; and
WHEREAS, on April 13, 2022, Public Works Staff met via Zoom with Art Anderson
Associates, Inc. to discuss, clarify and develop the Project Understanding and the associated
contract terms; and
WHEREAS, on May 27, 2022, the City received a defined Scope of Work, Budget and
Project Timeline for the Project, in an amount of $205,041; and
WHEREAS, the Port Orchard City Council believes Art Anderson Associates, Inc. to be the
most highly qualified engineering firm for this Project; 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:
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Resolution No.
Page 2 of 2
THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are
hereby adopted and incorporated as findings in support of this Resolution.
THAT: The City Council approves of and authorizes the Mayor to execute Contract No.
C081-22 with Art Anderson Associates, Inc. for the 390 Zone Low Pressure Booster Station
Project Design.
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 141" day of June 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
Page 74 of 274
2/7/22, 9:49 AM MRSC Rosters Back to Agenda
Public Agency Name: City of Port Orchard
Roster Type: Consultant Roster
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 75 of 274
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2/7/22, 9:49 AM
MRSC Rosters Back to Agenda
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.
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2/7/22, 9:49 AM
MRSC Rosters Back to Agenda
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.
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2/7/22, 9:49 AM
MRSC Rosters Back to Agenda
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
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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
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2/7/22, 9:49 AM
MRSC Rosters Back to Agenda
Varius Inc.
WEST Consultants, Inc.
WestSound Engineering, Inc.
Wilson Engineering, LLC
Wood
WSP USA Inc.
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Port Orchard Contract #: C081-22
Authorized Amount: $205,041
Date Start: June 14, 2022
Date End: December 31, 2022
CONSULTANT SERVICES AGREEMENT
390 ZONE LOW PRESSURE BOOSTER STATION-SEDGWICK
THIS AGREEMENT is entered into by and between the City of Port Orchard,
Washington, a municipal corporation organized under the laws of the State of Washington (hereinafter
the "City") and Art Anderson Associates, Inc., (hereinafter the "Consultant") organized under the laws
of the State of Washington, located and doing business at:
830 Pacific Ave. Ste 200,
Bremerton, WA 98337,
Contact: Brad Ginn, PE Phone: 360 479-5600
RECITALS:
WHEREAS, the City desires to have certain services performed for its residents; and
WHEREAS, the City has selected the Consultant to perform such services pursuant to certain
terms and conditions; and
WHEREAS, the City complied with the requirements for selecting and negotiating the terms of
an agreement with the Consultant contained in Chapter 39.80 RCW and the City's Procurement
Policies;
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below,
the parties agree as follows:
AGREEMENT:
1. Scope of Services to be Performed by Consultant.
The Consultant shall perform those services described on Exhibit "A," which is attached hereto and
incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall
at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The Consultant
shall perform the services diligently and completely and in accordance with professional standards of
conduct and performance. The Consultant shall request and obtain prior written approval from the City if
the scope or schedule is to be modified in any way.
If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement,
then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able
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to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide
the Consultant with a copy of the Grant Funding Agreement.
2. Compensation.
The City shall pay the Consultant for services rendered according to the rates and methods set forth
below.
❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum
of $
❑X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $205,041 without written authorization and will be on a time and materials basis 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 "B."
❑ OTHER
3. 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. The City shall pay the Consultant for
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services rendered within ten (10) days after City Council voucher approval. However, if the City objects
to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to
settle the disputed portion.
F. The City reserves the right to direct the Consultant's compensated services before
reaching the maximum amount.
4. Duration of Agreement.
A. This Agreement shall be in full force and effect for a period commencing on June 14,
2022 and ending December 31, 2022 unless sooner terminated under the provisions of this Agreement.
The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to
retain the Consultant's services.
B. Time is of the essence of this Agreement in each and all of its provisions in which
performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will
negotiate in good faith to determine whether an extension is appropriate.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
5. 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.
6. Ownership and Use of Documents.
A. Ownership. Any records, files, documents, drawings, specifications, data, or information,
regardless of form or format, and all other materials produced by the Consultant in connection with the
services provided to the City, shall be the property of the City whether the project for which they were
created is executed or not.
B. Records preservation. Consultant understands that this Agreement is with a government
agency and thus all records created or used in the course of Consultant's work for the City are considered
"public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56
RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The
City may be required, upon request, to disclose the Agreement, and the documents and records submitted
to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives
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a public records request and asks Consultant to search its files for responsive records, Consultant agrees
to make a prompt and thorough search through its files for responsive records and to promptly turn over
any responsive records to the City's public records officer at no cost to the City.
7. Relationship of the Parties; Independent Consultant.
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 City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or contributing to
the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Consultant, or any employee 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. Indemnification.
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 attorneys' fees,
arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this 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, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant's negligence.
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. THIS WAIVER HAS BEEN MUTUALLY
NEGOTIATED BY THE PARTIES.
The provisions of this section shall survive the expiration or termination of this Agreement.
9. Insurance.
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The Consultant 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 Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
limits:
i. 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.
ii. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
Consultants and personal injury and advertising injury. The City shall be named as
an insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City.
iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
iv. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts oflnsurance. Consultant shall maintain the following insurance
i. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provision. The Consultant's Automobile Liability, Commercial
General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain,
that they 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.
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
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additional insured endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain
the insurance as required shall constitute a material breach of contract, upon which the City may, after
giving five business days' notice to the Consultant 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 Consultant from the City.
H. No Limitation. Consultant's maintenance of insurance as required by the
Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
10. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel,
property, financial, and programmatic records, which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed pursuant to this Agreement. The
Consultant shall also maintain such other records as may be deemed necessary by the City to ensure
proper accounting of all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years after
termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist
in accordance with Chapter 40.14 RCW and by the City.
11. City's Right of Inspection and Audit.
A. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state, and municipal laws, rules,
and regulations that are now effective or become applicable within the terms of this Agreement to the
Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
B. The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection, review or audit by the City during the performance of this
Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support
of the performance of the service, work products, or outcomes fulfilling the contractual obligations are
the products of the City.
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12. 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.
13. Termination.
A. Termination without cause. This Agreement may be terminated by the City at any time
for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment
for the benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Termination.
i. 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.
ii. 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
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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 the "Notices" Section herein.
F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
14. Discrimination Prohibited.
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. Violation of this Section 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.
15. Force Majeure.
Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor,
or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or
restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without
limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health
risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health
organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party
obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii)
related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall
excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To
the extent this Agreement specifies a time period for performance of an obligation of either Party, that
time period shall be extended by the period of any delay in such Party's performance caused by a Force
Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force
Majeure unless constraints on a Party's performance that result from the pandemic become substantially
more onerous after the effective date of this Agreement.
16. Assignment and Subcontract.
The Consultant shall not assign or subcontract any portion of the services contemplated by this
Agreement without the prior written consent of the City. Any assignment made without the prior
approval of the City is void.
17. Conflict of Interest.
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The Consultant represents to the City that it has no conflict of interest in performing any of the services
set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with
which it may have a conflict, Consultant will immediately disclose such conflict to the City.
18. Confidentiality.
All information regarding the City obtained by the Consultant in performance of this Agreement shall
be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate
termination.
19. Non -Appropriation of Funds.
If sufficient funds are not appropriated or allocated for payment under this Agreement for any future
fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for
services or amounts incurred after the end of the current fiscal period. This Agreement will terminate
upon the completion of all remaining services for which funds are allocated. No penalty or expense shall
accrue to the City in the event that the terms of the provision are effectuated.
20. 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.
21. Entire Agreement.
This Agreement contains the entire agreement between the parties, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the
parties. If there is a conflict between the terms and conditions of this Agreement and the attached
exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party
may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated
by written amendments to this Agreement.
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22. 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.
23. 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.
24. Notices.
All notices or other communications required or permitted under this Agreement shall be in writing and
shall be (a) personally delivered, in which case the notice or communication shall be deemed given on
the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid,
return receipt requested, in which case the notice or communication shall be deemed given three (3)
business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using
a nationally recognized overnight courier service, in which case the notice or communication shall be
deemed given one business day after the date of deposit with such courier. In addition, all notices shall
also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the
following addresses:
Notices to the City of Port Orchard shall be sent to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
Bwallace(c cityofportorchard.us
Phone:360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
Phone No.:
Email:
25. Resolution of Disputes; 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
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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.
26. Compliance with Laws.
The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that
are now effective or in the future become applicable to Consultant's business, equipment, and personnel
engaged in operations covered by this Agreement or accruing out of the performance of those operations.
27. 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:
A. 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.
B. 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.
C. 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
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race, color, national origin, sex, age, disability, income -level, or LEP.
D. 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.
E. 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:
i. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
ii. cancelling, terminating, or suspending the Agreement, in whole or in part.
F. 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.
28. 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.
29. Severability.
Any provision or part of this Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the
City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken
provision or part with a valid and enforceable provision that comes as close as reasonably possible to
expressing the intent of the stricken provision.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
CONSULTANT
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Title:
Date:
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Robert Putaansuu, Mayor
Date:
ATTEST/AUTHENTICATE
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM
Port Orchard City Attorney's Office
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EXHIBIT A
Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but
not limited to, the following outlined here or attached separately.
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EXHIBIT B
Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance
with the rates specified below or attached hereto, as Exhibit B.
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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 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
City of Port Orchard and Art Anderson Associates, Inc.
Professional Service Agreement Contract No. C081-22
Page 16 of 17
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Page 96 of 274
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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.
Professional Service Agreement Contract No. C081-22
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1211
ART
ANDERSON
rmUr
City of Port Orchard
Attn: Mark Dorsey, PE
216 Prospect Street
Port Orchard, WA 98366
Re: 390 Zone Booster Station Price Proposal
Dear Mark:
LBackto Agenda
Exhibit A
May 27, 2022
FACP0018.BP
Art Anderson presents our proposal for Engineering services in response to the RFP dated
2/16/2011, your request, and subsequent conversations with City staff. The objective of this
project is to design a new booster station to maintain pressure in the City of Port Orchard's 390
Pressure Zone.
Scope of Services
Inclusions
The proposal is based on:
• Performing a topographic survey of the pump station location and surrounding areas to
map topographic features, surface improvements, structures, utilities, etc. Surveying will
be performed by Truland as a sub -consultant to Art Anderson.
• Conducting geotechnical investigations necessary to characterize soils to facilitate
building foundation design. Geotechnical engineering will be performed by Krazan as a
sub -consultant to Art Anderson.
• Performing water system modeling to determine the necessary capacity of the of the
booster 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 connections to the existing water system.
• Design of a building to house the pump station. It is assumed the building will be CMU
construction with spread footing foundations and a standing seam metal roof. Building
design will adhere to City of Port Orchard utility building design standards, if any.
• Design of piping, valves, fittings and other required appurtenances, electrical
installation, emergency generator, and other fixtures necessary to construction a
complete booster station. The design will progress with the following submittals for
review:
0 30% Schematic Design
0 60% Design Development
830 Pacific Avenue, Suite 200 1 Bremerton, WA 98337 1 360-479-5600
G'e SDVOSB I OMWee?gA An Owned Business
1211
ART
ANDERSON
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o 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, with other
format specs (such as Masterspec) included as an addendum if necessary.
• 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.
Contract Terms
Based on the Scope of Services as outlined above, we are proposing a Not to Exceed Time and
Materials fee of $205,041. The price is broken down as follows:
• Pump Station Design
• Surveying
• Geotech
• Water System Modeling
• Control and SCADA Integration
Art Anderson $106,620
Truland $ 5,390
Krazan $ 8,025
Murraysmith $ 23,626
TSI $ 61,380
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.
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 business 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
FACP0018.13P Proposal Letter Page 2 of 2
5/27/2022 Page 99 of 274
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irwWr0211 Exhibit B
ART
ANDERSON
Enclosure A: Fee Estimate
FACP0018.13P Proposal Letter Enclosure
5/25/2022 Page 100 of 274
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1
. ART
0 ANDERSON
830 Pacific Avenue
Bremerton, WA 98337
COMPANY PROPRIETARY
DATE: 24-May
CLIENT: City of Port Orchard AA PROJECT NUMBER: FACP0018.BP
SMP: AA POINT OF CONTACT: Brad Ginn
PROJECT NAME: 390 Zone Booster Station DESIRED START DATE:
POINT OF CONTACT: Mark Dorsey 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
••
r
t.. r
$98,421
$205,041
TASK
PM/Admin
2
6
3
9
20
$2,440
$98,421
$100,861
Contract Administration
2
2
8
12
$1,340
$1,340
Kickoff Meeting
2
1
1
4
$530
$530
Site Visit
2
2
4
$570
$570
Survey(Trul-and)
$5,390
$5,390
Geotech (Krazan)
$8,025
$8,025
Modeling (Murraysmith)
$23,626
$23,626
Controls (TSI)
$61,380
$61,380
TASK
30% Design
6
37
102
84
24
1
254
$32,255
$32,255
Civil Drawings (3 sheets)
12
12
24
$3,420
$3,420
Civil Specs
4
4
$660
$660
Structural (6 sheets)
24
24
48
$5,760
$5,760
Structural Specs
4
4
$480
$480
Electrical (6 sheets)
4
27
24
1
55
$6,540
$6,540
Electrical Specs
1
2
1
4
$485
$485
Mechanical (5 sheets)
27
24
51
$6,120
$6,120
Mechanical Specs
6
6
$720
$720
Architectural (6 sheets)
8
24
32
$4,200
$4,200
Architectural Specs
4
4
$660
$660
Cost Estimate
8
8
$960
$960
QC
6
6
$1,110
$1,110
Design Review Meeting
4
1 4
8
$1,140
$1,140
TASK
60% Design
8
44
114
115
42
2
325
$41,000
$41,000
Civil Drawings (3 sheets)
1 12
21
1
33
$4,500
1 $4,500
Civil Specs
8
8
$1,320
$1,320
,Structural (6 sheets)
24
40
64
$7,680
$7,680
Structural Specs
8
8
$960
$960
Electrical (6 sheets)
6
27
42
75
$8,850
$8,850
Electrical Specs
2
2
2
6
$730
$730
Mechanical (5 sheets)
1 27
27
54
$6,480
$6,480
Mechanical Specs
6
6
$720
$720
Architectural (6 sheets)
1 8
2
1
35
1 $4,560
$4,560
Architectural Specs
4
4
$660
$660
Cost Estimate
16
16
$1,920
$1,920
QC
8
8
$1,480
$1,480
Design Review Meeting
4
4
8
$1,140
$1,140
TASK
100% Design
8
27
81
76
24
2
218
$27,575
$27,575
Civil Drawings (3 sheets)
6
12
1
18
$2,430
$2,430
Civil Specs
4
4
$660
$660
Structural (6 sheets)
24
24
1
48
1 $5,760
$5,760
Structural Specs
8
8
$960
$960
Electrical (6 sheets)
4
18
24
46
$5,460
$5,460
Electrical Specs
1
1
2
4
$445
$445
Mechanical (5 sheets)
18
16
34
$4,080
$4,080
Mechanical Specs
4
4
$480
$480
Architectural (6 sheets)
1 8
24
1
32
$4,200
$4,200
Architectural Specs
4
4
$660
$660
Cost Estimate
8
1
8
$960
$960
QC
8
8
$1,480
$1,480
TASK
Bidding Support
6
12
4
4
26
$3,350
$3,350
PPI Responses
6
12
4
4
26
$3,350
$3,350
RATE/HOUR $215.00 $185.00 $165.00 $135.00 $120.00 $120.00 $110.00 $90.00
$80.00 $65.00
Page 101 of 274
1211
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ANDERSON
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Enclosure B: Standard Rates
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/Senior 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.
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
$.60/sq ft plus operator time
Actual cost plus 10%
FACP0018.13P Proposal Letter
5/25/2022 Page 102 of 274
Enclosure
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ANDERSON
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Enclosure C: Subconsultant Scope and
Fee Proposals
FACP0018.13P Proposal Letter Enclosure
5/25/2022 Page 103 of 274
TRULAND
SURVEY
LLC
April 26, 2022
Brad Ginn, PE
Art Anderson Associates
830 Pacific Ave.
Bremerton, WA 98337
Re: Port Orchard Booster Station Survey Support
Back to Agenda
___..J Survey LLC,
Poulsbo, WA
360-536-1204
Thank you for considering Trul-and Survey, LLC as your surveying consultant. The following is a Scope of Services, and
cost estimate to provide surveying and mapping services for improvements planned for the Port Orchard booster
station located in Port Orchard, WA. Based on the information you have provided to us, this is our understanding of
the scope and effort requirements for this project:
SCOPE
Task 1. Topographic Survey:
Trul-and will prepare a topographic survey of the yellow bold area defined below in the "mapping area exhibit". The
topographic mapping shall extend 15 feet beyond the property lines (subject to right of entry) and include street
frontage/easement improvements. Storm and sanitary structures to be located shall include one structure upstream
and downstream of the property. Contours will be at 1-foot intervals and based on the Kitsap County or the City of Port
Orchard preferred datum.
Parcel lines will be shown based on the legal description for the parcel and section corner monuments as published by
Kitsap County. Note: A full boundary retracement survey has not been included in this scope of work.
The field survey will locate visible evidence of the following improvements:
•
Buildings
•
Cu rbs
•
Sidewalks/Paths
•
Driveways/curb cuts
•
Pavement -delineation between concrete and asphalt
•
Retaining walls and fences — materials and heights
•
Storm drainage and storm drain structures
•
Sanitary sewer manholes
•
Water valve boxes
•
Electrical power vaults and associated surface features
•
Telephone pedestals
•
Natural gas
•
Cable or fiber optic pedestals
•
Street lighting
•
Fire Hydrants
•
Signage
•
Ponds
COLLABORATION ANDPF29X1I4EfWENCE DRIVING RESULTS
TRULAND
SURVEY
LLC
Back to Agenda
-.. Associates
04/26/2022
City of Port Orchard Booster Station
• Overhead wires, guy wires
• Meters or utility connects to existing buildings.
• Note: Our survey crews are not allowed to enter sub -surface vaults. Our work will be
conducted from the surface, using measure -down techniques. Crews will also not open any
structure covers in excess of 80 pounds.
• Underground utility location paint marks provided by others.
• Significant trees as required.
TruLand will coordinate with city staff to survey marks of underground facilities such as underground
water lines, utility connections, etc. The location of these utilities will be shown on the
boundary/topographic survey. Marking of specific underground utilities will be the responsibility of
the City of Port Orchard.
Mapping Area Exhibit:
Page 105 of 274
TRULAND
SURVEY
LLC
ASSUMPTIONS:
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-.. Associates
04/26/2022
City of Port Orchard Booster Station
This proposal is based on the following assumptions and/or receiving the following site -specific information.
1. Trul-and will have reasonable access to all areas requiring surveys.
2. For safety reasons Trul-and personnel are not permitted to enter enclosed utility structures. These
structures will be detailed and inventoried only to the extent feasible from the surface.
3. All electronic mapping standards will be based on Trul-and drafting standards unless specified
otherwise.
4. Trul-and field crews may need to perform minor brushing with machetes to conduct this survey, and
we have Client's permission to do so.
5. The setting of any survey monuments at proposed lot corners or the re-establishment of any exterior
boundary points has not been included in Task 1.
6. The marking of underground utilities will be the responsibility of the City of Port Orchard.
DELIVERABLES
Trul-and will provide the following as part of this proposal.
1. Stamped and signed PDF copy of the completed topographic survey
2. An electronic drawing file in AutoCAD (C3D) format in one drawing file.
FEE
Task 1 Topographic Survey
The described Scope of Services for the Topographic Mapping will be completed on a fixed fee basis in the amount of
$4,900.
SCHEDULE
Trul-and will complete the above -described scope of work on a mutually agreed upon schedule.
Page 106 of 274
T'RULAND
SURVEY
LLC
ADDITIONAL SERVICES
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_. Associates
04/26/2022
City of Port Orchard Booster Station
It is understood that any Additional Services beyond those included in this Scope of Services shall be authorized in
writing by the Client prior to commencement of the "Additional Service(s)," and the Client shall reimburse TruLand for
said Additional Services monthly according to the work actually accomplished in the preceding month, provided such
Additional Services have been approved in writing.
If you have any questions or need additional information, please call me at (360) 536-1204 or e-mail me at
bpusev@TruLandsurvey.com.
Best regards,
TRULAND, INC.
Bob Pusey, PLS, Managing Member
Page 107 of 274
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Q-Krazan
GEOTECHNICAL ENGINEERING -i ENVIRONMENTAL ENGINEERING a CONSTRUCTION TESTING AND INSPECTIONS
May 2, 2021
Art Anderson Associates
830 Pacific Ave
Bremerton, WA 98337
Attn: Mr. Brad Ginn, P.E.
Email: rginn@artanderson.com
Tel: (360) 479-5600
RE: Proposal for Geotechnical Engineering Investigation
Proposed Booster Pump Station
4986 Bethel Road SE
Port Orchard, WA
Dear Mr. Ginn:
KA Proposal No. G22037WAP
Page 1 of 4
We are pleased to present our scope of work and cost estimate for a geotechnical engineering
investigation for the proposed Booster Pump Station located at 4986 Bethel Road SE in Port
Orchard, Washington.
We have reviewed the topographic and geologic maps, and aerial photographs of the site vicinity
in preparation of this proposal.
Project Description
We understand that the site consists of a single assessor parcel (11231-1-045-2000) covering an
area of approximately 2.02 acres. We understand that the site is currently developed with a water
reservoir, driveway and associated utilities. We understand that the site development will include
design and construction of a pump station, and associated utilities.
We have been requested to provide a cost estimate to conduct a geotechnical engineering
investigation and prepare a geotechnical engineering report for the proposed development.
GEOTECHNICAL STUDY
Field Exploration
We propose to explore the subsurface conditions at the site by excavating two (2) test pits. The
test pits would likely be excavated to depths of approximately eight (8) to ten (10) feet below the
existing ground surface (bgs) or to refusal on sound bearing strata, whichever occurs first. The
actual number and locations of the test pits will be dependent on locations of utilities, site access,
and the variability of the subsurface conditions.
All field work will be performed under the supervision of a Krazan engineer or geologist. The test
pits will be logged in the field and subsurface soil samples will be collected, sealed in plastic bags,
and transported to our laboratory for evaluation and testing.
Offices Servin&�aaT�e108 eo�srn United States
1230 Finn Hill Rd NW, Suite A, Poulsbo, Ways ington 370 (360) 598-2126 9 Fax (360) 598-2127
Backto Agenda
KA Proposal No. G22037 WAP
Proposed Booster Pump Station
May 2, 2022
Page No. 2
Laboratory Testing
We will conduct laboratory testing to determine the physical and engineering properties of the
onsite soils. It is important to note that the actual testing schedule would be dependent on the type
of soils encountered within the test pits at the site. Also, we may identify additional tests that may
be appropriate for the project as engineering analyses and laboratory testing proceeds. The
laboratory testing schedule may consist of the following tests:
Tests
ASTM Designation
Natural Water Content
D 2216
Grain Size Analysis
D 6913
Atterberg Limits
D 4318
Engineering Analysis and Report
We will conduct the necessary engineering analyses utilizing the data acquired from the test pits
and laboratory testing, to characterize site soils, determine the potential impact of groundwater on
the proposed construction, develop foundation support recommendations for the proposed
buildings, and develop earthwork recommendations.
The report will include the results of our field exploration and laboratory tests, engineering
analyses, and relevant design parameters. At a minimum, our investigation and report will include
the following:
• An exploration of the subsurface soil and groundwater conditions by excavating two (2) test
pits to a maximum depth of 10 feet or refusal on sound bearing strata, whichever occurs
first, using an excavation subcontractor;
• Prepare a site plan showing the exploration locations;
• Prepare comprehensive test pit logs including soil stratification and classification, and
groundwater levels where applicable;
• Provide foundation recommendations for the proposed structures including foundation
type, allowable bearing pressure, anticipated settlements (both total and differential),
coefficient of horizontal friction, and frost penetration depth;
• Provide recommendations for seismic design considerations including site coefficient and
ground acceleration based on the 2018 IBC;
• Provide recommendations for structural fill materials, placement, and compaction;
• Provide recommendations regarding the suitability of on -site soils as structural fill;
• Provide recommendations for temporary excavations;
• Provide recommendations for site drainage and erosion control.
Offices Servin&�aaThn W9 o n United States
1230 Finn Hill Rd NW, Suite A, Poulsbo, Ways ington 370 (360) 598-2126 9 Fax (360) 598-2127
Backto Agenda
KA Proposal No. G22037 WAP
Proposed Booster Pump Station
May 2, 2022
Page No. 3
Environmental services, such as chemical analysis of soil and groundwater for possible
environmental contaminants, are not included in our scope of services for this project.
Our findings and geotechnical engineering recommendations would be provided in a written report.
We plan to submit the geotechnical engineering report via email. Hard copies of the report can be
provided on request. The services will be performed in accordance with generally accepted
standards of the geotechnical engineering profession. The report will be signed and stamped by a
State of Washington registered professional engineer.
Design Phase and Construction
In addition to the geotechnical investigation, we anticipate that there may be additional consultation
and inspection services needed during the design and construction phases of the project. The
additional services could include, discussions with the project design team, response to Kitsap
County review comments, a plan review letter, construction monitoring, a final letter for the City,
and potential additional site visits for meetings or site reconnaissance. A separate cost estimate
for consultation and construction monitoring can be
Schedule/Time Frame
We anticipate submitting our report to you within 20 working days of the completion of our
subsurface investigation. The fieldwork would commence as soon as possible upon receiving your
authorization to proceed, upon obtaining utility clearances, and based on the availability of the
subcontracted equipment. If requested by you, we would release preliminary results, as data
becomes available, and make interim verbal recommendations to enhance the progress of
project design work.
Cost Estimate
Based on the proposed scope of work, we estimate that our cost for providing geotechnical
engineering services for this project will be $7,295.00.
We will contact the State of Washington Utility Clearance Center (UCC) to have public utilities
located at the boring locations. The UCC does not mark the location of private utilities. Therefore,
the cost for private utility locates is included in this proposal.
Please initial and sign the attached Agreement for Geotechnical Engineering Services and return
a copy to us to indicate your authorization to proceed. We would mobilize and begin our
investigation as soon as possible upon your authorization to proceed, assuming we have access
to the property and based on the availability of the subcontracted excavation services. Please
arrange access to the site.
Offices Servin&�aaThn W� o n United States
1230 Finn Hill Rd NW, Suite A, Poulsbo, Ways ington 370 (360) 598-2126 9 Fax (360) 598-2127
Backto Agenda
KA Proposal No. G22037 WAP
Proposed Booster Pump Station
May 2, 2022
Page No. 4
Thank you for this opportunity to present our proposal for geotechnical engineering services. If you
have any questions regarding this proposal, please feel free to contact us at (360) 598-2126.
Sincerely,
Krazan & Associates, Inc.
Vijay Chaudhary, P.E.
Project Engineer
Geoffrey Fisher, EIT
Staff Engineer
Attachment: A. Agreement for Geotechnical Engineering Services (signature required).
Offices Servin&�aaThn Woks 4n United States
1230 Finn Hill Rd NW, Suite A, Poulsbo, Ways ington 370 (360) 598-2126 9 Fax (360) 598-2127
Back to Agenda
AGREEMENT FOR
GEOTECHNICAL ENGINEERING SERVICES
THIS AGREEMENT is made by and between KRAZAN & ASSOCIATES, INC., hereinafter referred to as "Consultant", and Art
Anderson Associates, 830 Pacific Ave, Bremerton, WA 98337 , hereinafter referred to as "Client." This Agreement between the parties consists
of the TERMS AND CONDITIONS (below), the attached PROPOSAL titled "Proposal for Geotechnical Engineering Investigation -
Proposed Booster Pump Station," file number G22037WAP, dated May 2, 2022 ("PROPOSAL"), and any exhibits or attachments cited in the
PROPOSAL, which are incorporated in full by this reference. This Agreement, executed in Poulsbo, WA, is effective as of the date this Agreement
is countersigned by Krazan & Associates, Inc, or the date on which Consultant initiates services as scheduled by Client, whichever occurs earlier.
The parties agree as follows:
1. DEFINITIONS
1.1. Contract Documents. Plans, specifications, and agreements between Client and Contractor, including addenda, amendments, supplementary
instructions, and change orders.
1.2. Contractor. The contractor or contractors, and including its/their subcontractors of every tier, retained to construct the Project for which
Consultant is providing Services under this Agreement.
1.3. Day(s). Calendar day(s) unless otherwise stated.
1.4. Hazardous Materials. The term Hazardous Materials means any toxic substances, chemicals, radioactivity, pollutants or other materials, in
whatever form or state, known or suspected to impair the environment in any way whatsoever. Hazardous Materials include, but are not limited to,
those substances defined, designated or listed in any federal, state or local law, regulation or ordinance concerning hazardous materials, toxic
substances or pollution.
1.5. Services. The professional services provided by Consultant as set forth in this Agreement, the Scope of Services and any written Change
Order, Task Order or amendment to this Agreement, and where Consultant's services are to be provided during the Construction Phase of the
project as scheduled by the Client's Contractor through oral or written communication.
1.6. Work. The labor, materials, equipment and services of the Contractor required to complete the work described in the Contract Documents.
1.7. Fee Schedule. Consultant's standard annual fee schedule unless project specific fee schedule is provided.
1.8 Inspection (or Observation). Visual determination of conformance with specific or, on the basis of Consultant's professional judgment,
general requirements.
1.9 Testing. Measurement, examination, performance of tests, and any other activities to determine the characteristics or performance of
materials.
1.10. Construction. Site improvement activities including but not limited to site clearing, demolition, excavation, grading, installation of
remediation equipment, implementation of bioremediation, or construction of structures.
1.11. Governmental Agencies. All federal, state and local agencies having jurisdiction over the Project.
2. SCOPE OF SERVICES
Consultant will perform the Scope of Services set forth in the attached PROPOSAL.
2.1. Changes in Scope. If Consultant provides Client with a writing confirming a change in the PROPOSAL or the Services, it will become an
amendment to this Agreement unless Client objects in writing within 5 business days after receipt. All Services performed by Consultant on the
Project, whether requested and/or authorized by Client by oral or written communication, are subject to the terms and limitations of this Agreement.
If Services are performed, but the parties do not reach agreement concerning modifications to the PROPOSAL, Services or compensation, then the
terms and limitations of this Agreement apply to such Services, except for the payment terms. The parties agree to resolve disputes concerning
modifications to scope or compensation pursuant to Section 18, "Disputes."
2.2. Licenses. Consultant will procure and maintain business and professional licenses and registrations necessary to provide its Services.
2.3. Excluded Services. Consultant's Services under this Agreement include only those Services specified in the PROPOSAL.
2.3.1. General. Client expressly waives any claim against Consultant resulting from its failure to perform recommended additional Services
that Client has not authorized Consultant to perform, and any claim that Consultant failed to perform services that Client instructs Consultant not
to perform.
2.3.2. Biological Pollutants. Consultant's PROPOSAL specifically excludes the investigation, detection, prevention or assessment of the
presence of Biological Pollutants. The term "Biological Pollutants" includes, but is not limited to, molds, fungi, spores, bacteria, viruses, and/or
any of their byproducts. Consultant's PROPOSAL will not include any interpretations, recommendations, findings, or conclusions pertaining to
Biological Pollutants. Client agrees that Consultant has no liability for any claims alleging a failure to investigate, detect, prevent, assess, or make
recommendations for preventing, controlling, or abating Biological Pollutants. Furthermore, Client agrees to defend, indemnify, and hold harmless
Consultant from all claims by any third party concerning Biological Pollutants, except for damages caused by Consultant's sole negligence.
2.4. Changes in Schedule. Because of the uncertainties inherent in the Services contemplated, time schedules are only estimated schedules and
are subject to revision unless otherwise specifically stated in the PROPOSAL.
2.5 Sampling, Inspection & Test Locations. Unless specifically stated otherwise, the Scope of Services does not include surveying the Site or
precisely identifying sampling, inspection or test locations, depths or elevations. Sampling, inspection and test locations, depths and elevations will
be based on field estimates and information furnished by Client and its representatives. Unless stated otherwise in the report, such locations, depths
and elevations are approximate. Company will take reasonable precautions to limit damage to the Project Site or Work due to the performance of
Services, but Client understands that some damage may necessarily occur in the normal course of Services, and this Agreement does not include
repair of such damage unless specifically stated in the Scope of Services.
3. PAYMENTS TO CONSULTANT
3.1. Basic Services. Consultant will perform all Services set forth in the attached PROPOSAL on a lump sum/fixed fee basis as set forth therein.
3.2. Additional Services. Any additional services performed under this Agreement will be provided on a time and materials basis above and
beyond any prior quoted estimate, not -to -exceed or lump sum fee unless otherwise specifically agreed to in writing by both parties.
3.3. Estimate of Fees. Client recognizes that changes in scope and schedule, and unforeseen circumstances can all influence the successful
completion of Services within the estimated cost. The provision of an estimate of fees or a cost estimate is not a guarantee that the Services will be
completed for that amount; Consultant's Services shall continue on a time and expense basis to completion unless directed otherwise by Client.
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Furthermore, the provision of a "not to exceed" limitation is not a guarantee that the Services will be completed for that amount; rather, it indicates
that Consultant will not incur fees and expenses chargeable to Client in excess of the "not to exceed" limitation amount without notifying Client in
writing that the "not -to -exceed" amount has been reached and that Services will continue on a time and materials basis unless directed by Client to
discontinue any further Services.
3.4. Rates. Client will pay Consultant at the rates set forth in the Fee Schedule.
3.4.1. Changes to Rates. Client and Consultant agree that the Fee Schedule is applicable only through December 31 of the year published,
unless stated otherwise in the PROPOSAL, and is subject to periodic review and amendment, as appropriate to reflect Consultant's then -current
fee structure. Unless otherwise provided for in the PROPOSAL, where projects are on -going beyond December 31 of the year the services were
initiated, the rates presented in the PROPOSAL and Fee Schedule are subject to an annual cost of living adjustment based on the consumer price
index for the geographic area where our services are being provided. Notwithstanding the foregoing, where Prevailing Wage regulations apply
Consultant's labor rates are subject to revision based on determinations made by the governing agency. Where labor rates are increased during the
course of the project Consultant's billing rates presented in the PROPOSAL and the Fee Schedule shall be increased proportionally with respect to
any mandated labor and/or benefits rate increases unless otherwise stipulated in the PROPOSAL. In the event that the cost of fuel increases 10
percent or more over the course of the project a fuel surcharge may be imposed to recoup the added costs incurred by Consultant. Consultant will
give Client at least 30 days advance notice of any changes. Unless Client objects in writing to the proposed amended fee structure within 30 days
of notification, the amended fee structure will be incorporated into this Agreement and will then supersede any prior fee structure. If Client timely
objects to the amended fee structure, and Consultant and Client cannot agree upon a new fee structure within 30 days after notice, Consultant may
terminate this Agreement and be compensated as set forth under Section 17, "Termination."
3.4.2. Prevailing Wages. Unless Client specifically informs Consultant in writing that prevailing wage regulations cover the Project and the
Scope of Services identifies it as covered by such regulations, Client will reimburse, defend, indemnify and hold harmless Consultant from and
against any liability resulting from a subsequent determination that prevailing wage regulations cover the Project, including all costs, fines and
attorneys' fees.
3.5. Payment Timing, Late Charge. Consultant shall invoice Client no more frequently than once per month for Services rendered. All invoices
are due and payable upon receipt. Upon Consultant's approval of Client for 30-day payment terms Client shall pay undisputed portions of each
progress invoice within thirty (30) days of the date of the invoice. The invoice amounts shall be presumed to be correct unless Client notifies
Consultant in writing. If Client objects to all or any portion of any invoice, Client will so notify Consultant in writing within fourteen (14) calendar
days of the invoice date, identify the cause of disagreement, and promptly pay when due that portion of the invoice not in dispute. The parties will
immediately make every effort to settle the disputed portion of the invoice. In the absence of written notification described above, the balance as
stated on the invoice will be paid. Payment thereafter will first be applied to accrued late payment charges interest on unpaid undisputed charges
and then to the unpaid principal amount. Consultant reserves the right to apply payments to Client's outstanding invoices from oldest to most
recent, regardless of project or invoice designation on checks received. All amounts unpaid when due will include a late payment charge from the
date of the invoice, at the rate of 1-1/2% per month or the highest rate permitted by law on the unpaid balance from the invoice date until the invoice
is paid. Consultant reserves the right to require payment in full on any and all invoices on Client's account regardless of project prior to releasing
field notes, laboratory test data, photographs, analyses and/or reports. All undisputed amounts due to Consultant by Client shall be paid in full
prior to Consultant's release of final reports or other required forms of certified or verified reports. If the account becomes delinquent, the Client
will reimburse Consultant for all time spent and expenses (including fees of any attorney, collection agency, and/or court costs) incurred in
connection with collecting any delinquent amount. Consultant shall not be bound by any provision or agreement conditioning Consultant's right
to payment upon payment by a third party. In the event of a legal action for invoice amounts not paid, attorneys' fees, court costs, and other related
expenses shall be paid to the prevailing party. Client's failure to pay Consultant when due the failure to pay will constitute a substantial failure of
Client to perform under this Agreement and Consultant will have the right to stop all current work and withhold letters, reports, or any verbal
consultation until the invoice is paid in full. In the event that Client fails to pay Consultant within sixty (60) days after any invoice is rendered,
Client agrees that Consultant will have the right to consider the failure to pay Consultant's invoice as a breach of this Agreement. If the Client
requests back-up data or changes to the format of the standard invoice, an administrative fee of $100 per invoice may be charged plus $1 per page
of back-up data.
4. STANDARD OF PERFORMANCE; DISCLAIMER OF WARRANTIES
4.1. Standard of Care. Subject to the limitations inherent in the agreed Scope of Services as to the degree of care, the amount of time and
expenses to be incurred, and subject to any other limitations contained in this Agreement, Consultant may perform its Services consistent with that
level of care and skill ordinarily exercised by other professional Consultants practicing in the same locale and under similar circumstances at the
time the Services are performed. No other representation and no warranty or guarantee, express or implied, is included or intended by this
Agreement or any report, opinion, document, or other instrument of service.
4.2. Level of Service. Consultant offers different levels of professional consulting services to suit the desires and needs of different clients.
Although the possibility of error can never be eliminated, more detailed and extensive Services yield more information and reduce the probability
of error, but at increased cost. Although risk associated with site acquisition or development can never be eliminated, more detailed and extensive
investigations yield more information. It is for these reasons that Client must determine the level of Services adequate for its purposes. Client has
reviewed the PROPOSAL and has determined that it does not need or want a greater level of Services than that specifically identified in the
PROPOSAL.
4.3. No Warranty. Client recognizes the inherent risks connected with property transactions and site development, and understands when signing
that those risks are not entirely eliminated through the services of Consultant. Client recognizes that opinions relating to geologic or environmental
conditions, including those associated with air, soil and groundwater, are based on limited data and that actual surface and subsurface conditions
may vary from those observed at locations where borings, surveys, or explorations are made. Client also recognizes that site conditions may change
with time, conditions may vary from those encountered at the times when and locations where the data are obtained, despite the use of due
professional care. Therefore, in signing this Agreement the Client understands that Consultant is not providing a warranty or assurance as to the
surface and subsurface conditions throughout the site, or the performance of the project. Consultant's tests and observations of the Work by third
parties not under contract to Consultant are not a guarantee of the quality of Work and do not relieve other parties from their responsibility to
perform their Work in accordance with applicable plans, specifications and requirements. This Agreement neither makes nor intends a warranty or
guarantee, express or implied, of any type nor does it create a fiduciary responsibility to Client by Consultant.
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5. CONSTRUCTION PHASE SERVICES
5.1. Construction Observation.
If Consultant's PROPOSAL includes observation and/or testing during the course of construction, which may include or consist of site
remediation activities, Consultant may:
5.1.1. Site Meetings & Visits. Consultant will participate in job site meetings as requested by Client, and, unless otherwise requested by
Client, visit the site at times specified in the PROPOSAL or, if not specified in the PROPOSAL, at intervals as Consultant deems appropriate to
the various stages of construction to observe the geotechnical conditions encountered by Contractor and the progress and quality of the geotechnical
aspects of the Work. Based on information obtained during such visits and on such observations, Consultant may inform Client of the progress of
the geotechnical aspects of the Work. Client understands that Consultant may not be on site continuously; and, unless expressly agreed otherwise,
Consultant will not observe all of the Work. Consultant will report any observed geotechnical related Work to the Client which, in Consultant's
professional opinion, does not conform with plans and specifications.
5.1.2. Contractor's Performance. Consultant does not, and cannot, warrant or guarantee that all of the geotechnical related Work performed
by Contractor meets the requirements of Consultant's recommendations or the plans and specifications for such Work; nor can Consultant be
responsible for Contractor's failure to perform the Work in accordance with the plans, specifications or the recommendations of Consultant. No
action of Consultant or Consultant's representative can be construed as altering any Agreement between the Client and others. Consultant has no
right to reject or stop work of any agent of the Client. Such rights are reserved solely for the Client.
5.1.3. Contractor's Responsibilities. Consultant will not supervise, direct or have control over the Work nor will Consultant have authority
over or responsibility for the means, methods, techniques, sequences or procedures selected by Contractor for the geotechnical aspects of the
Project; for safety precautions and programs incident to the Work; nor for any failure of Contractor to comply with Laws and Regulations applicable
to Contractor furnishing and performing its Work. Client understands and agrees that Contractor, not Consultant, has sole responsibility for the
safety of persons and property at the Project Site, and that Consultant shall not be responsible for job site safety or the evaluating and reporting of
job conditions concerning health, safety or welfare.
5.1.4. Final Report. At the conclusion of Construction Phase Services, Consultant will provide Client with a written report summarizing
the tests and observations, if any, made by Consultant.
5.2. Review of Contractor's Submittals. If included in the Scope of Services, Consultant will review and take appropriate action on the
Contractor's submittals, such as shop drawings, product data, samples, and other required submittals. Consultant will review such submittals solely
for general conformance with Consultant's design, and will not include review for the following, all of which will remain the responsibility of the
Contractor: accuracy or completeness of details, quantities or dimensions; construction means, methods, sequences or procedures; coordination
among trades; or construction safety.
5.3. Tests. Tests performed by Consultant on finished Work or Work in progress are taken intermittently and indicate the general acceptability
of the Work on a statistical basis. Consultant's tests and observations of the Work are not a guarantee of the quality of Work and do not relieve
other parties from their responsibility to perform their Work in accordance with applicable plans, specifications and requirements.
5.4. Retention of Third Party Consultant. The review of plans and specifications, and the observation and testing of earthwork related
construction activities by Consultant are integral elements of the Services where Consultant is to remain in the capacity of Geotechnical Engineer -
Of -Record through construction of the project. Client shall have the right to retain a party other than Consultant (Third Party Consultant) for review
of plans and specifications, and the observation and testing of earthwork related construction activities. In the event that a Third Party Consultant
is retained by Client for those services, Client agrees that they will require the Third Party Consultant to contractually agree to the assumption of
the role of Geotechnical Engineer -Of -Record for the project including all responsibilities and liabilities. Client further agrees to indemnify and
hold harmless Consultant, its subconsultants and subcontractors, and all of their respective shareholders, directors, officers, employees and agents
(collectively "Consultant Entities") from and against any and all claims, suits, liabilities, damages, expenses (including reasonable attorney's fees
and costs of defense), or other losses related to the geotechnical engineering aspects of the project.
6. CLIENT'S RESPONSIBILITIES
In addition to payment for the Services performed under this Agreement, Client agrees to:
6.1. Cooperation. Assist and cooperate with Consultant in any manner necessary and within its ability to facilitate Consultant's performance
under this Agreement.
6.2. Representative. Designate a representative with authority to receive all notices and information pertaining to this Agreement, communicate
Client's policies and decisions, and assist as necessary in matters pertaining to the Project and this Agreement. Client's representative will be
subject to change by written notice.
6.3. Rights of Entry. Provide access to and/or obtain permission for Consultant to enter upon all property, whether or not owned by Client, as
required to perform and complete the Services. Consultant will operate with reasonable care to minimize damage to the Project Site(s) and any
improvement located thereon. However, Client recognizes that Consultant's operations and the use of investigative equipment may unavoidably
alter conditions or affect the environment at the existing Project Site(s). The cost of repairing such damage will be borne by Client and is not
included in the fee unless otherwise stated in the PROPOSAL. If client desires or requires Consultant to restore the site to its former condition,
upon written request Consultant will perform such additional work as is necessary and Client agrees to pay to Consultant the cost thereof.
6.4. Relevant Information. Supply Consultant with all information and documents in Client's possession or knowledge which are relevant to
Consultant's Services. Client warrants the accuracy of any information supplied by it to Consultant, and acknowledges that Consultant is entitled
to rely upon such information without verifying its accuracy. Prior to the commencement of any Services in connection with a specific property,
Client will notify Consultant of any known potential or possible health or safety hazard existing on or near the Project Site, with particular reference
to Hazardous Materials or conditions.
6.5. Subsurface Structures. If the Services require invasive subsurface exploratory work, Client will provide Consultant with all information in
its possession regarding the location of underground utilities and structures or mark on the property, the location of all subsurface structures, such
as pipes, tanks, cables and utilities within the property lines of the Project Site(s), and be responsible for any damage inadvertently caused by
Consultant to any such structure or utility not so designated. Consultant is not liable to Client for any losses, damages or claims arising from damage
to subterranean structures or utilities that were not correctly shown on plans furnished by Client to Consultant. Client waives any claim against
Consultant, and agrees to defend, indemnify and hold Consultant harmless from all claims, suits, losses, costs and expenses, including reasonable
attorney's fees, as a result of personal injury, death or property damage occurring with respect to Consultant's performance of its work and arising
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from subsurface or latent conditions or damage to subsurface or latent objects, structures, lines or conduits where the actual or potential presence
and location thereof was not revealed to Consultant by Client.
6.6. Project Information. Client agrees to provide Consultant within 5 days after written request, a correct statement of the recorded legal title
to the property on which the Project is located and the Client and/or Owner's interest therein, and the identity and address of any construction
lender.
7. CHANGED CONDITIONS
If Consultant discovers conditions or circumstances that it had not contemplated at the commencement of this Agreement ("Changed Conditions"),
Consultant will notify Client in writing of the Changed Conditions. Client and Consultant agree that they will then renegotiate in good faith the
terms and conditions of this Agreement. If Consultant and Client cannot agree upon amended terms and conditions within 30 days after notice,
Consultant may terminate this Agreement and be compensated as set forth in Section 17, "Termination."
8. HAZARDOUS MATERIALS
Client understands that Consultant's Services under this Agreement are limited to geotechnical engineering and that Consultant has no responsibility
to locate, identify, evaluate, treat or otherwise consider or deal with Hazardous Materials. Client is solely responsible for notifying all appropriate
federal, state, municipal or other governmental agencies, including the potentially affected public, of the existence of any Hazardous Materials
located on or in the Project site, or encountered during the performance of this Agreement.
Client warrants that a reasonable effort to inform Consultant of known or suspected hazardous materials on or near the project site has been made.
Hazardous materials may exist at a site where there is no reason to believe they could or should be present. Consultant and Client agree that the
discovery of unanticipated Hazardous Materials constitutes a changed condition under this Agreement mandating a renegotiation of the scope of
services or termination of services. Consultant and Client also agree that the discovery of unanticipated hazardous materials may make it necessary
for Consultant to take immediate measures to protect health and safety. Client agrees to compensate Consultant for any equipment decontamination
or other costs incident to the discovery of unanticipated hazardous materials.
Consultant agrees to notify Client when unanticipated hazardous materials or suspected hazardous materials are encountered. Client is solely
responsible for notifying all appropriate federal, state, municipal or other governmental agencies, and regulatory bodies, including the potentially
affected public, of the existence of any Hazardous Materials located on or in the Project site(s), or encountered during the performance of this
Agreement. Client also agrees to hold Consultant harmless for any and all consequences of disclosures made by Consultant which are required by
governing law. In the event the project site is not owned by Client, Client agrees that it is the Client's responsibility to inform the property owner
of the discovery of hazardous materials or suspected hazardous materials.
Notwithstanding any other provision of the Agreement, Client waives any claim against Consultant, and to the maximum extent permitted by law,
agrees to defend, indemnify, and save Consultant harmless from any and all claims, liabilities, damages or expenses, including but not limited to
delay of the Project, reduction of property value, fear of or actual exposure to or release of toxic or hazardous substances, and any consequential
damages of whatever nature, which may arise directly or indirectly as a result of the services provided by Consultant under this Agreement.
9. CERTIFICATIONS
Client agrees not to require that Consultant execute any certification with regard to Services performed or Work tested and/or observed under this
Agreement unless: 1) Consultant believes that it has performed sufficient Services to provide a sufficient basis to issue the certification; 2)
Consultant believes that the Services performed or Work tested and/or observed meet the criteria of the certification; and 3) Consultant has reviewed
and approved in writing the exact form of such certification prior to execution of this Agreement. Any certification by Consultant is limited to an
expression of professional opinion based upon the Services performed by Consultant, and does not constitute a warranty or guarantee, either express
or implied.
10. ALLOCATION OF RISK
10.1. Limitation of Liability. The total cumulative liability of Consultant, its subconsultants and subcontractors, and all of their respective
shareholders, directors, officers, employees and agents (collectively "Consultant Entities"), to Client and its successors, all parties included as
additional insured on Consultant's insurance policies and those parties granted report reliance rights by Consultant and all of their respective
shareholders, directors, officers, employees and agents (collectively "Client Entities") arising from Services under this Agreement, including
attorney's fees due under this Agreement, will not exceed the gross compensation received by Consultant under this Agreement or
five thousand dollars ($5,000.001 whichever is greater; provided, however, that such liability is further limited as described below. This limit is an
aggregate limit with respect to all services on the project, whether provided under this, prior or subsequent agreements, unless modified in writing,
agreed to and signed by authorized representatives of the parties. This limitation applies to all lawsuits, claims or actions that allege errors or
omissions in Consultant's Services, whether alleged to arise in tort, contract, warranty, or other legal theory. Upon Client's written request,
Consultant and Client may agree to increase the limitation to a greater amount in exchange for a negotiated increase in Consultant's fee, provided
that they amend this Agreement in writing as provided in Section 19. Consultant Entities and Client Entities also agree that the Client Entities will
not seek damages in excess of the limitations indirectly through suits with other parties who may join Consultant as a third -party defendant.
10.Z Indemnification. Client will indemnify, defend and hold harmless Consultant, its subconsultants and subcontractors, and all of their
respective shareholders, directors, officers, employees and agents (collectively "Consultant Entities") from and against any and all claims, suits,
liabilities, damages, expenses (including without limitation reasonable attorney's fees and costs of defense) or other losses (collectively "Losses")
to the extent caused by the negligence of Client, its employees, agents and contractors. In addition, except to the extent caused by Consultant's
negligence, Client waives any claim against Consultant, and to the maximum extent permitted by law, expressly agrees to defend, indemnify and
hold harmless Consultant Entities from and against any and all Losses, arising from or related to the existence, disposal, release, discharge, treatment
or transportation of Hazardous Materials, or the exposure of any person to Hazardous Materials, or the degradation of the environment due to the
presence, discharge, disposal, release of or exposure to Hazardous Material.
10.3. Consequential Damages. Neither Client nor Consultant will be liable to the other for any special, consequential, incidental or penal losses
or damages of whatever nature including but not limited to losses, damages or claims related to the unavailability of property or facilities, shutdowns
or service interruptions, loss of use, loss of profits, loss of revenue, or loss of inventory, or for use charges, cost of capital, or claims of the other
party and/or its customers, which may arise directly or indirectly as a result of the Services provided by Consultant under this Agreement.
10.4. Continuing Agreement. The provisions of this Section 10, "Allocation of Risk," will survive the expiration or termination of this
Agreement. If Company provides Services to Client that the parties do not confirm through execution of an amendment to this Agreement, the
provisions of this Section 10 will apply to such Services as if the parties had executed an amendment.
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10.5. No Personal Liability. Client and Consultant intend that Consultant's Services will not subject Consultant's individual employees, officers
or directors to any personal liability. Therefore, and notwithstanding any other provision of this Agreement, Client agrees as its sole and exclusive
remedy to direct or assert any claim, demand or suit only against the business entity identified as "Consultant" on the first page of this Agreement.
IL INSURANCE
11.1. Consultant's Insurance. Consultant carries Statutory Workers' Compensation and Employer's Liability Insurance; Commercial General
Liability Insurance for bodily injury and property damage; Automobile Liability Insurance, including liability for all owned, hired and non -owned
vehicles; and Professional Liability Insurance. Certificates of insurance can be furnished upon written request but may not be processed unless
accompanied by a signed Agreement. Client agrees not to withhold payment to Consultant for Client's failure to make such a timely request and
such requests may not be honored if made after final completion of authorized Services. Additional charges may apply for Waiver of Subrogation
and Additional Insured Endorsements. Consultant assumes the risk of damage caused by Consultant's personnel to Consultant's supplies and
equipment.
11.2. Contractor's Insurance. Client shall require that all Contractors and subcontractors for the Project name Consultant as an additional insured
under their General Liability and Automobile Liability insurance policies. If Client is not the Project owner, Client will require the Project owner
to require the owner's Contractor to purchase and maintain General Liability, Builder's Risk, Automobile Liability, Workers' Compensation, and
Employer's Liability insurance with limits no less than as set forth above, and to name Consultant and its subcontractors and subconsultants as
additional insureds on the General Liability insurance. Upon request, Client will provide Consultant with certificate(s) of insurance evidencing the
existence of the policies required herein.
12. OWNERSHIP AND USE OF DOCUMENTS
12.1. Client Documents. All documents provided by Client will remain the property of Client. Consultant will return all such documents to
Client upon request, but may retain file copies of such documents.
12.2. Consultant's Documents. Unless otherwise agreed in writing, all documents and information prepared by Consultant or obtained by
Consultant from any third party in connection with the performance of Services, including, but not limited to, Consultant's reports, boring logs,
maps, field data, field notes, drawings and specifications, laboratory test data and other similar documents (collectively "Documents") are
instruments of professional service, not products, and are the property of Consultant. Consultant has the right, in its sole discretion, to dispose of
or retain the Documents. Consultant reserves the right to copyright such documents; however, such copyright is not intended to limit the Client's
use of the services provided under this Agreement other than as described below.
12.3. Use of Documents. All Documents prepared by Consultant are solely for use by Client and will not be provided by either party to any other
person or entity without Consultant's prior written consent.
12.3.1. Use by Client. Client has the right to reuse the Documents for purposes reasonably connected with the Project for which the Services
are provided, including without limitation design and licensing requirements of the Project.
12.3.2. Use by Consultant. Consultant retains the right of ownership with respect to any patentable concepts or copyrightable materials
arising from its Services and the right to use the Documents for any purpose.
12.4. Electronic Media. Consultant may agree at Client's request to provide Documents and information in an electronic format. Client
recognizes that Documents or other information recorded on or transmitted as electronic media are subject to undetectable alteration due to (among
other causes) transmission, conversion, media degradation, software error, or human alteration. Accordingly, all Documents and information
provided by Consultant in electronic media are for informational purposes only and not as final documentation; the paper original issued by
Consultant will remain the final documentation of the Services.
12.5. Unauthorized Reuse. No party other than Client may rely, and Client will not represent to any other party that it may rely on Documents
without Consultant's express prior written consent and receipt of additional compensation. Client will not permit disclosure, mention, or
communication of, or reference to the Documents in any offering circular, securities offering, loan application, real estate sales documentation, or
similar promotional material without Consultant's express prior written consent. Client waives any and all claims against Consultant resulting in
any way from the unauthorized reuse or alteration of Documents by itself or anyone obtaining them through Client. Client will defend, indemnify
and hold harmless Consultant from and against any claim, action or proceeding brought by any party claiming to rely upon information or opinions
contained in Documents provided to such person or entity, published, disclosed or referred to without Consultant's prior written consent.
13. SAMPLES AND CUTTINGS
13.1. Sample Retention. If Consultant provides laboratory testing or analytic Services, Consultant will preserve such soil, rock, water, or other
samples as it deems necessary for the Project, but no longer than 30 days after issuance of any Documents that include the data obtained from these
samples. All samples shall remain the property of the Client and in the absence of evidence of contamination Consultant shall dispose of samples
for the Client. All samples will be disposed of or destroyed after the thirty (30) day period unless Consultant is otherwise advised. Client will
promptly pay and be responsible for the removal and lawful disposal of all contaminated samples, cuttings, Hazardous Materials, and other
hazardous substances. Upon request, Consultant will deliver samples to the Client or will store them for an agreed delivery or storage charge.
13.2. Monitoring Wells. Client will take custody of all monitoring wells and probes installed during an investigation by Consultant, and will
take any and all necessary steps for the proper maintenance, repair or closure of such wells or probes at Client's expense.
13.3. Cuttings. All cuttings, drilling fluid and wash water shall remain the property of the Client, and Client shall be responsible for and promptly
pay for the removal and lawful disposal of cuttings, drilling fluids, wash water and hazardous materials, unless otherwise agreed in writing.
14. RELATIONSHIP OF THE PARTIES
Consultant will perform Services under this Agreement as an independent contractor.
15. ASSIGNMENT AND SUBCONTRACTS
During the term of this Agreement and following its expiration or termination for any reason, neither party may assign this Agreement or any right
or claim under it, in whole or in part, without the prior written consent of the other party, except for an assignment of proceeds for financing
purposes. Any assignment that fails to comply with this paragraph will be void and of no effect. Consultant may subcontract for the services of
others without obtaining Client's consent if Consultant deems it necessary or desirable for others to perform certain Services.
16. SUSPENSION AND DELAYS
16.1. Procedures. Client may, at any time by 10 days written notice suspend performance of all or any part of the Services by Consultant.
Consultant may terminate this Agreement if Client suspends Consultant's Services for more than 60 days and Client will pay Consultant as set
forth under Section 17, "Termination." If Client suspends Consultant's Services, or if Client or others delay Consultant's Services, Client and
Consultant agree to equitably adjust: (1) the time for completion of the Services; and (2) Consultant's compensation in accordance with Consultant's
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then current Fee Schedule for the additional labor, equipment, and other charges associated with maintaining its workforce for Client's benefit
during the delay or suspension, or charges incurred by Consultant for demobilization and subsequent remobilization.
16.2. Liability. Consultant is not liable to Client for any failure to perform or delay in performance due to circumstances beyond Consultant's
control, including but not limited to pollution, contamination, or release of hazardous substances, strikes, lockouts, riots, wars, fires, flood,
explosion, "acts of God," adverse weather conditions, acts of government, labor disputes, delays in transportation or inability to obtain material
and equipment in the open market.
17. TERMINATION
17.1. Termination for Convenience. Consultant and Client may terminate this Agreement for convenience upon 30 days written notice delivered
or mailed to the other party.
17.Z Termination for Cause. In the event of material breach of this Agreement, the non -breaching party may terminate this Agreement if the
breaching party fails to cure the breach within 5 days following delivery of the non -breaching parry's written notice of the breach to the breaching
party. The termination notice must state the basis for the termination. The Agreement may not be terminated for cause if the breaching party cures
the breach within the 5-day period.
17.3. Payment on Termination. Following termination other than for Consultant's material breach of this Agreement, Client will pay Consultant
for Services performed prior to the termination notice date, and for any necessary Services and expenses incurred in connection with the termination
of the Project, including but not limited to, the costs of completing analysis, records and reports necessary to document job status at the time of
termination and costs associated with termination of subcontractor contracts in accordance with Consultant's then current Fee Schedule.
18. DISPUTES
18.1. Mediation. All disputes between Consultant and Client, except those involving Client's failure to pay undisputed invoices as provided
herein, are subject to mediation. Either party may demand mediation by serving a written notice stating the essential nature of the dispute, amount
of time or money claimed, and requiring that the matter be mediated within 45 days of service of notice. The mediation shall be administered by
the American Arbitration Association or by such other person or organization as the parties may agree upon, in accordance with the rules of the
American Arbitration Association.
18.Z Precondition to Other Action. No action or suit, except those involving Client's failure to pay undisputed invoices as provided herein, may
be commenced unless the mediation did not occur within 45 days after service of notice; or the mediation occurred but did not resolve the dispute;
or a statute of limitation would elapse if suit was not filed prior to 45 days after service of notice. If the matter is referred to arbitration, the
arbitration shall be conducted in Kitsap County, Washington. The arbitrator shall be appointed within 60 days of the arbitrators' receipt of a written
request to arbitrate the dispute. The arbitrator shall be authorized to provide all recognizable remedies available in law or equity for any cause of
action that is the basis of the arbitration (to the extent such remedy is not otherwise precluded under this Agreement), provided that (i) the arbitrator
shall not have the authority to award punitive damages, and (ii) each party shall bear its own costs and attorney's fees related to the arbitration.
18.3. Choice of Law; Venue. This Agreement will be construed in accordance with and governed by the laws of the state of Washington. Except
for actions, such as for enforcement of mechanic's liens, which are required by statute to be brought in a specific venue, or unless the parties agree
otherwise, any mediation or other legal proceeding will occur in Kitsap County, Washington. Client waives the right to have the suit brought, or
tried in, or removed to, any other county or judicial jurisdiction. The prevailing party will be entitled to recovery of all reasonable costs incurred,
including court costs, reasonable attorney's fees, and other claim related direct expenses.
18.4. Statutes of Limitations. Any applicable statute of limitations will be deemed to commence running on the earlier of the date of substantial
completion of Consultant's Services under this Agreement or the date on which claimant knew, or should have known, of facts giving rise to its
claims.
19. MISCELLANEOUS
19.1. Integration and Severability. This Agreement reflects the entire agreement of the parties with respect to its terms and conditions, and
supersedes all prior agreements, whether written or oral. If any portion of this Agreement is void or voidable, such portion will be deemed stricken
and the Agreement reformed to as closely approximate the stricken portions as the law allows. If any of the provisions contained in this Agreement
are held illegal, invalid, or unenforceable, the enforceability of the remaining provisions will not be impaired.
19.Z Modification of This Agreement. This Agreement may not be modified or altered, except by a written agreement signed by authorized
representatives of both parties and referring specifically to this Agreement.
19.3. Notices. Any and all notices, requests, instructions, or other communications given by either party to the other must be in writing and either
hand delivered to the recipient or delivered by first-class mail with return receipt -(postage prepaid) or express mail (billed to sender) at the addresses
given in this Agreement.
19.4. Headings. The headings used in this Agreement are for convenience only and are not a part of this Agreement.
19.5. Waiver. The waiver of any term, conditions or breach of this Agreement will not operate as a subsequent waiver of the same term, condition,
or breach. One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition
or covenant.
19.6. Survival. These terms and conditions survive the completion of the Services and/or the termination of this Agreement, whether for cause
or for convenience.
19.7. Warranty Of Authority To Sign, Personal Guarantee. The person signing this contract warrants that he/she has authority to sign on the
behalf of the Client for whose benefit Consultant's services are rendered. If such person does not have such authority, he/she agrees that he/she is
personally liable for obligations under this Agreement and all breaches of this contract and that in any action against him/her for breach of such
warranty, reasonable attorney's fees shall be included in any judgment rendered. Further, if Client fails to perform and is in breach of this Agreement
the person signing this Agreement agrees that he/she is personally liable for obligations under this Agreement and all breaches of this contract and
that in any action against him/her for breach of such warranty, reasonable attorney's fees shall be included in any judgment rendered.
19.8. Precedence. These Terms and Conditions take precedence over any inconsistent or contradictory provisions contained in any other
agreement term, proposal, purchase order, requisition, notice to proceed, or other document regarding Consultant's Services.
19.9. Incorporation of Provisions Required By Law. Each provision and clause required by law to be inserted in this Agreement is included
herein, and the Agreement should be read and enforced as though each were set forth in its entirety herein.
20. HAZARDOUS MATERIALS RISKS
Client recognizes that, while necessary for subsurface investigations, commonly used exploration methods, such as drilling borings, pushing
probes or excavating trenches, involve an inherent risk. These exploration methods may penetrate through an aquifer of contaminated fluid and
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serve as a connecting passageway between the contaminated aquifer and an uncontaminated aquifer or groundwater, inducing cross -contamination.
While backfilling with grout or by other means, according to the state of practice, is intended to provide a seal against such passageway, it is
recognized that such a seal may be imperfect and there is an inherent risk of cross -contamination when drilling borings, pushing probes excavating
trenches or implementing other methods of exploration in connection with a contaminated site. Client recognizes that the state of practice,
particularly with respect to contaminated site and materials conditions, is changing and evolving. While Consultant is required to perform in
reasonable accordance with the standards in effect at the time the services are performed, it is recognized that those standards may subsequently
change because of improvements in the state of practice.
Client recognizes that Consultant's failure to detect the presence of hazardous materials at a site, even though hazardous materials may be
assumed or expected to exist through the use of appropriate and mutually agreed upon sampling techniques, does not guarantee that hazardous
materials do not exist at the site. Similarly, Client recognizes that Consultant's subsurface explorations may not encounter hazardous materials at
a site, which may later be affected by hazardous materials due to natural phenomena or human intervention. Client recognizes that the state of
practice, particularly with respect to contaminated site and materials conditions, is changing and evolving. While Consultant is required to perform
in reasonable accordance with the standards in effect at the time the services are performed, it is recognized that those standards may subsequently
change because of improvements in the state of practice. Client agrees to waive any claim against Consultant and agrees to defend, indemnify, and
hold Consultant harmless from claims or liability for injury or loss arising from Consultant's failure to detect the presence of hazardous materials
through techniques commonly employed for the purpose.
All laboratory and field equipment contaminated in performing Consultant's services will be cleaned at Client's expense. Contaminated
consumables will be disposed of and replaced at Client's expense. Equipment (including tools) which cannot be reasonably decontaminated shall
become the property and responsibility of Client. All such equipment shall be delivered to Client or disposed of in a manner similar to that indicated
for hazardous samples. Client agrees to pay the fair market value of any such equipment which cannot reasonably be decontaminated.
21. ENTIRE AGREEMENT
This Agreement between the parties consists of these Terms and Conditions, the PROPOSAL by the Consultant, and any exhibits or
attachments noted in the PROPOSAL. Together, these elements will constitute the entire Agreement superseding any and all prior negotiations,
correspondence, or agreements either written or oral. The Parties have read the foregoing, understand completely the terms, and willingly enter
into this Agreement. This Agreement was developed to be fair and reasonable to both parties. The terms of this Agreement will prevail over any
different or additional terms in Client's purchase order or other forms provided by Client to Consultant as part of the authorization process unless
agreed in writing by Consultant. The parties acknowledge that there has been an opportunity to negotiate the terms and conditions of this Agreement
and agree to be bound accordingly. Consultant's acceptance of this Agreement is pending credit review and a retainer fee may be required.
Client: ART ANDERSON ASSOCIATES Consultant: KRAZAN & ASSOCIATES, INC.
Signature Date Signature Date
Name (Please Print)
Title
Name (Please Print)
Title
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DRAFT
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
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DRAFT
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
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DRAFT
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.
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DRAFT
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.
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DRAFT
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.
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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 8F
Subject: Adoption of a Resolution Approving an
Agreement with Kitsap Transit for the
Guaranteed Ride Home ProF-ram
Meeting Date: June 14, 2022
Prepared by: Elizabeth Spalding
Atty Routing No.
Atty Review Date
HR Specialist
N/A
N/A
Summary: The City of Port Orchard participates in Commute Trip Reduction which encourages employees to
use transportation to and from work other than single occupancy vehicles (such as walking, bicycling,
car/vanpooling, and taking the bus/ferry). To promote participation, the City is enrolled in Kitsap Transit's
Guaranteed Ride Home Program, which provides an immediate ride home to aforementioned commuters in
case of an emergency. Kitsap Transit has provided an update to the previous Guaranteed Ride Home Program
Agreement from 2013. The attached agreement would continue the City's participation in the program.
The Guaranteed Ride Home program is paid for by Kitsap Transit. The City of Port Orchard is responsible for
payment of $20 in the event that the employee is a "no show" for an arranged guaranteed ride home.
Recommendation: Staff recommends the Council authorize the Mayor to sign the Agreement with Kitsap
Transit regarding the Guaranteed Ride Home Program.
Relationship to Comprehensive Plan: N/A
Motion for consideration: I move to adopt a resolution, authorizing the Mayor to execute an Agreement
with Kitsap Transit for the Guaranteed Ride Home Program.
Fiscal Impact: Negligible to none.
Alternatives: Do not approve Agreement and provide alternative guidance.
Attachments: Resolution and Agreement with Kitsap Transit.
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE AN AGREEMENT WITH KITSAP TRANSIT FOR THE
GUARANTEED RIDE HOME PROGRAM.
WHEREAS, the City of Port Orchard voluntarily participates in the State Commute Trip
Reduction Program to encourage employees to utilize means other than single -occupancy vehicles
to commute to work; and
WHEREAS, a guaranteed ride home through Kitsap Transit in case of an emergency is
currently offered for registered "smart commuters" who commute by walking, bicycling,
car/vanpooling, or taking the bus/ferry; and
WHEREAS, Kitsap Transit has provided an update to the Agreement between City of Port
Orchard and Kitsap Transit regarding the Guaranteed Ride Home Program; now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS
FOLLOWS:
THAT: The Mayor is authorized to execute an Agreement with Kitsap Transit substantially
in the form attached hereto as Exhibit A for the Guaranteed Ride Home Program.
PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested
by the City Clerk in authentication of such passage this 14t" day of June 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
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AGREEMENT TO SUBSCRIBE TO KITSAP TRANSIT'S
GUARANTEED RIDE HOME PROGRAM
THIS AGREEMENT is made and entered into this 14th day of June 2022 by and between
KITSAP TRANSIT, a Washington municipal corporation, (hereinafter referred to as "TRANSIT"),
and CITY OF PORT ORCHARD, (hereinafter referred to as "THE EMPLOYER"), hereinafter
jointly referred to as the "PARTIES".
RECITALS
A. TRANSIT is responsible for the administration of the Commute Trip Reduction Laws in
Kitsap County. These laws aim to decrease air pollution and traffic congestion by reducing
the number of commute trips made by single -occupant vehicles; and
B. Commute Trip Reduction surveys have shown that a substantial number of employees
working in Kitsap County would use alternative transportation if they were guaranteed an
immediate ride home in case of an emergency; and
C To encourage all employees in Kitsap County to use alternative transportation, such as,
walking, bicycling, car/vanpooling, taking the bus, or ferry (as a walk-on only passenger) to
work, TRANSIT developed a Guaranteed Ride Home (GRH) Program; and
D. Under the above GRH Program, TRANSIT shall arrange and pay the authorized fare for
local service providers to provide an immediate ride home in case of an emergency to all
eligible employees; and
E. THE EMPLOYER hereby desires to participate in TRANSIT'S GRH Program.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and
performances contained herein, TRANSIT and THE EMPLOYER agree as follows:
1. RECITALS The recitals set forth above, constituting the basis of this AGREEMENT of
the PARTIES, are incorporated herein by reference, as fully set forth.
2. SCOPE OF AGREEMENT The purpose of this AGREEMENT is to define the
responsibilities of the PARTIES under TRANSIT'S Guaranteed Ride Home Program,
hereinafter referred to as the "PROGRAM".
3. TERM The term of this AGREEMENT shall be for two (2) years from the date entered
above.
4. TERMINATION Either PARTY may terminate this AGREEMENT by providing written
notice of such termination, specifying the effective date thereof, at least sixty (60) days prior
to such date.
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5. EXTENSION Unless written notice of termination is delivered by either PARTY hereto
sixty (60) days prior to the date of termination, this AGREEMENT shall extend on an
annual basis thereafter until terminated by either PARTY hereto upon sixty (60) days prior
written notice delivered to either PARTY hereto.
6. TRANSIT'S RESPONSIBILITIES
TRANSIT shall:
A. Arrange for a transportation service provider prior to the effective date of this
AGREEMENT. Any transportation service provider under the PROGRAM shall be
capable of providing accessible vehicles to the standards of the Americans with
Disabilities Act;
B. Inform THE EMPLOYER'S Employee Transportation Coordinator (ETC) of the
transportation service providers participating in the PROGRAM prior to the effective
date of this AGREEMENT;
C. Provide THE EMPLOYER with materials to inform and instruct its employees on
how to use the PROGRAM, its benefits, and how it is to be administered;
D. Provide THE EMPLOYER'S ETC's with written guidelines on how to arrange
service for eligible employees and how to determine whether or not an employee or
trip is eligible for service; and
E. Pay service providers for all authorized GRH rides, excluding cost of "no-shows"
and gratuity.
7. THE EMPLOYER'S RESPONSIBILITIES
THE EMPLOYER shall:
A Provide TRANSIT with a list of all eligible employees;
B. Designate an on -site Employee Transportation Coordinator (ETC). This designation
should include provisions for an alternate contact if the ETC is unavailable, a contact
should be available for all applicable shifts the EMPLOYER offers. THE
EMPLOYER must provide TRANSIT with written information designating the ETC
and alternate contact(s) prior to the effective date of this AGREEMENT;
C. Train the ETC in how to administer the PROGRAM and how to confirm the
eligibility of employees and trips;
D. Instruct the ETC in how to access service through a designated transportation service
provider; and
2 Rev. 5/23/22
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E. Pay TRANSIT a flat rate of twenty dollars ($20.00) for the cost of each employee
no-show. A no-show occurs when THE EMPLOYER'S ETC calls a taxi for a
Guaranteed Ride Home trip for an employee and the employee fails to meet the taxi
at the agreed place and time.
8. ELIGIBLE EMPLOYEES To receive a ride under the Guaranteed Ride Home Program,
an employee must be eligible. To be eligible, an employee must first be registered with
Kitsap Transit as a "Smart Commuter". A Smart Commuter is an employee that commutes
to work using alternative transportation, other than a single -occupant vehicle, at least three
(3) days per week.
9. ELIGIBLE TRIPS An eligible employee may receive a PROGRAM ride from the work
site to the employee's home, or other destination if approved by the ETC, under any of the
following conditions:
A. The employee or a member of the employee's family becomes unexpectantly ill and
the employee needs to go home. The PROGRAM shall not take the place of THE
EMPLOYER'S legal responsibilities to arrange transportation in cases of work -
related employee injury or illness.
B. The employee unexpectedly works late at the request of a supervisor. Unexpectedly
means that the employee was not expecting to work late on the day of the request.
C. The employee missed connections with his/her planned ride home due to an
unexpected change in the schedule of others.
D. Any other emergency situations where an eligible employee needs to use the
Guaranteed Ride Home Program and the ETC deems the trip to be an appropriate use
of the Program.
10. TRIP LIMITS
TRANSIT shall pay for any authorized Guaranteed Ride Home trip that originates from
THE EMPLOYER'S worksite in Kitsap County, to any destination within Jefferson, Kitsap,
Mason, Pierce, or Thurston County (excludes King County). If the trip uses the Washington
State Ferries, the employee will be dropped at the ferry terminal and the employee shall be
responsible for the cost of the ferry trip. Each Eligible Employee should not exceed eight (8)
GRH rides per twelve (12) month period. There is a 60-mile trip limitation one way
(employee will pay the remainder of the fare beyond 60 miles). TRANSIT shall not pay any
taxi driver gratuity. Taxi driver gratuity will be at the sole discretion of the Eligible
Employee taking the GRH ride.
11. SERVICE PROVIDER
The PARTIES understand and agree that TRANSIT is not responsible for providing
transportation services under the PROGRAM. The provision of transportation service and its
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12
quality and reliability shall be the sole responsibility of the service provider and TRANSIT
shall not be liable for any claims of injury or damages related to an individual's need for, or
use of, the service.
ABUSE OF PROGRAM
TRANSIT reserves the right to terminate this contract due to persistent abuse of the rules of
the PROGRAM and/or policies by either THE EMPLOYER or its EMPLOYEES.
13. CHANGES
Either PARTY may request changes to this AGREEMENT; however, no change or addition
to this AGREEMENT shall be valid or binding upon either PARTY unless such change or
addition be in writing and signed by both PARTIES. Such amendments shall be attached to
and made a part of this AGREEMENT.
14. ENTIRE CONTRACT
The PARTIES agree that this AGREEMENT is the complete expression of the terms hereto
and any oral representations or understandings not incorporated herein are excluded.
Further, any modification of this AGREEMENT shall be in writing and signed by both
PARTIES. Failure to comply with any of the provisions stated herein shall constitute
material breach of contract and cause for termination. Forgiveness of the non-performance
of any provision of this AGREEMENT does not constitute a waiver of the provisions of this
AGREEMENT.
In WITNESS WHEREOF, the PARTIES hereto have caused this AGREEMENT
to be executed as of the date first written above.
EMPLOYER: City of Port Orchard Kitsap Transit
By: By:
NAME: Robert Putaansuu
TrrLE: Mayor
John W. Clauson
Executive Director
4 Rev. 5/23/22
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Agenda Item No.
City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
Business Item 8G
Agenda Staff Report
Subject: Approval of Road Closures for a Special
Event: The Cruz
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Meeting Date
Prepared by
Atty Routing No:
Atty Review Date
June 14, 2022
Brandy Wallace, MMC
City Clerk
N/A
N/A
Summary: City staff received a Special Event application for The Cruz scheduled for Sunday, August 14,
2022. The application state's the following:
EVENT: The Cruz
TYPE: Car Show
DATES: Sunday, August 14, 2022
TIME: Setup starts Sunday, August 14, 2022, 6:00 a.m., open to public at 10:00 a.m. until 4:00
p.m. with teardown completed by 6:00 p.m.
LOCATION: Downtown Port Orchard; Bay Street/SR166 from Kitsap Street to Orchard Street and
waterfront and gazebo parking lots (City Lot Nos. 2, 3, and 4)
CLOSURE(S): Road closures on Bay Street/SR166 from Kitsap Street to Orchard Street, Port Street,
Frederick Avenue, and parking lots between 700 Block of Sidney Parkway in front of the
Port of Bremerton Marina Office to the Gazebo Area parking lot (behind Peninsula Feed)
The required notice, pursuant to POMC 5.96.050(3), allowing citizens to provide written comments
regarding how allowing the special event will impact their property, business, or quality of life has been
published and to -date, the City has received no concerns regarding this event taking place.
Staff and outside agencies have reviewed the application and are working towards ensuring safety
measures are in place.
Pursuant to Port Orchard Municipal Code 5.94.050(4)—recently amended by Council --staff shall bring
forward the special event application to the City council for approval when the event requires a street or
highway closure.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff supports the application, upon the event meets the required necessary public
safety and traffic control provisions.
Page 130 of 274
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Business Item 8G
Page 2 of 2
Motion for consideration: I move to approve the road closures for The Cruz scheduled for Sunday, August
14, 2022, as presented.
Fiscal Impact: None.
Alternatives: Deny the road closures and provide direction to staff.
Attachments: Application, including maps and traffic flow maps.
Page 131 of 274
Back to Agenda
SPECIAL EVENT PERMIT APPLICATION
(PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96)
STANDARD PROCESSING FEE: $50.00
ADDITIONAL EKPEDFTED FEE (LESS THAN 90 BUTNlORE THAN 30 DAYS BEFORE EVENT): $50.00
Event Overview
Name of event: ."?—
Location of event: .
bh
Type of Event: ❑ Festival o Walk/Itun ❑ Parade ❑ Vendor Fair o Block Party o Other:C C4 <Inp w
Event or Organization Website:
Description of event:
Admission Fees:
Does your event require a paid fee for participants and/or spectators? Yes ONO R '` C -P
Does your event require minimum or suggested donation for nd/or spectators?Yes M o
Admission/participation fee/ suggest donations amount(s): , � �L 'C ��
Event Details
Set Up starts:
Take Down Complete:
Start Day: Start Date:
o Q ®
Start Time:
4
�Da
End Date: End Ti e:
-1.
Event Dates/Times: Indicate Dates/Times OPEN to attendees
Expected Daily Attendance:
Participants Spectators volunteers/staff
Day:
Date:
Date:
Start Time:
End Time:
Day:
Start Time:
End Time:
End Time:
Day:
Date:
Start Time:
Additional details: (attach additional pages as needed for additional days or details)
City of Port Orchard I Special Event Application
Revised 12/31/2021
Page 3 of 10
Page 132 of 274
Back to Agenda
Organization Information*
Name of Organization:
Do you have an active City Business License? Yes ONo What is your UBI number?
Point of Contact Name: I �1
Street Address:
� %4 -S r � � �,, 9-1UJ
Mailing Address: (if different from street address)
City: O l 6 `-- 1 -
Y�
State: \K 2ip'
City.
State:
Zip:
Phone:
Alternate Phone: I Email:
"Please note the organization information provided may be shared for inquires made on event details
Alcohol
The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB)
regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol
sales/service at events are not included in the City s Special Event Permit. Visit the WSLCB website, hgps:/jicb.wa.aoyl for
additional information and to apply for the appropriate license / Permit.
Will alcohol be sold or consumed at your event? []Yes*o
*if yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license.
Food
You will need to reach out to the Kitsop Public Health District as they may require a temporaryfood establishment permit.
Visit their website at h rrps:(/kitsaopubiiclaealtii.ora/FoodSofefW and vendors ph or call (360) 728-2235 for information,
Will your event have any food service and/or sales? SLYes []No If yes, how many:
Will your event have professional catering?
Will your event have food trucks?
❑Yes -�S(lo If yes, how many:
�es El No If yes, how many:._
Will your event have food booths or food vendors?'-syes
Restrooms
❑No If yes, how many:
Prove the number of restrooms that will be available to the public for your event: -k9
Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events
Contingency Planning: Job Aids Manual.
No. of users (50% male and 50%female)
Minimum number of portable toilets
Up to 240
3
250 to 499
4
500 to 900
6
1,000 to 1,999
12
2,000 to 2,999
25
3,000 to 3,999
38
4,000 to 4,999
50
City of Port Orchard I Special Event Application
Revised 1213112021
Page 4 of 10
Page 133 of 274
Backto Agenda
Garbage and Recycling
'U11CLUU11.7LdL1unD: nuw many oms are you proviamg as collernon containers at your event?
Recycle Garbage__L_5
Will you manage your own recycling and garbage collection or will it be managed by a vendor?
Self -Haul: Yes []No List vendor/company, if applicable:
Detail your plan for waste management within the event area and surrounding neighborhood:
Amplified Sound
Does your event have any amplified sound? Yes ❑ No
Indicate dates/time of any amplified sound below:
Day: K \3" 1n ��
Date:
Start Time:
End Time:.
`-1
Day:
Date:
Start Time:
End Time:
Day:
Date:
Start Time:
End Time:
Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.):
Describe what equipment will be used for amplified sound, and at what locations (show in maps):
C GvTr C" ce� 'p- A
De$
�(ibe schematics and direction of amplified sound (show in maps, attach supporting documents as needed
VA t `r
+' `� (� S �s �.., h 'Z1 w ID �t- sf c o M 5 L'-' S S 0 6 S
�r 41 i1 1 �rF CG... C 0,4C K'\ h c� qC kjN
Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information
please contact the Part Orchard Police Department (3617) 876-1700.
Tents
Does your event include a tent or membrane structure? ❑ Yes No ❑ Not Applicable
If yes, what is the tent size: Does the tent have sides? ❑ Yes ❑ No ❑ Not applicable
May be required to obtain a permit per POMC 20.204.010 please contact Community Development (360) 874-5533.
City of Port Orchard I Special Event Application
Revised 1213I12021
Page 5 of 10
Page 134 of 274
Back to Agenda
Use of City Right -of -Way and Parking impacts
Use of State Highway:
Will this event require closure of a State Highway Street (Bay Street/SR166)? Yes ❑ No
For State Highway Closures (Bay Street), the sponsoring organization must submit the application to the city at least 120
calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission
from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is
granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city.
WSDOr's online opplirati❑n is located at: https:Jlww_w.ws_d_o_t.wa.govlcontactjevents/speciial_events
Use of Public Property (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any
road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall
include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which
are designated as portions of the state highway system."
Will this event require closure of any of the below public property? ❑ Yes ❑ No
If yes, indicate what type of public property is requested to be closed and the location (select all that apply):
❑ City Parks:
O Van Zee Park
0 Paul Powers Park
Parking Lots:
® Lot 1: between Orchard
and Frederick streets on
the north side of Bay
Street
*Lot 2: between
Frederick Street and
Sidney Avenue, north of
Bay St.
❑ Sidewalks:
O McCormick Village Park
0 Central Park
® Lot 3: five rows of
parking west of
Harrison Ave and east
of and parallel to the
library
Lot 4: all parking east
of Lot 3 and Harrison
Ave and west of the
Marina Park
0 Etta Turner Park
0 Givens Park
0 Lot 5: all parking on City
Hall property in front of
the Police department
0 Lot 6: abutting the
landscaped area at the
SW corner of the Bay St
and Dekalb St
intersection
0 Rockwell Park
Lot 7: all parking spaced
located on the library
property which is limited to
library staff only
0 Lot 8: employee parking lot
east of City Hall adjacent to
Prospect Alley which is
between Kitsap Street and
Prospect Street.
❑ Street(s) If requesting street closure, fill out the closure information below and provide a traffic control plan of the
area impacted.
Traffic Control Plan:
Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified
flaggers:
City of Port Orchard I Special Event Application
Revised 1213112021
Page 6 of 10
Page 135 of 274
Back to Agenda
Street Closure Details:
Street Name: Between And Start Date: Start Time: End Date: End Time:
/. (cross street): (cross street):
,^
1 I
s�dYq 06o _ I
Additional details: (attach additional pages as needed for more streets and/or more details about use.) (1
JKo1P`� 1 C3ei^e{� C7 (-<) '� 1 1 I f
Parking Impacts
Have parking impacts been coordinated with neighbors (residential/business)?'*"R Yes ❑ No ❑ Not Applicable
If yes, how will parking be provided for participants and visitors (including handicapped parking)?
u3 -e V% � Q Ti a'-T � �� �:, S : err► .z �,, S J s� s �r sg. i. 'J �.
w', l w b _ C�. i�. e en YN far
Event Signage
Are you planning to put up temporary signs? ❑Yes ❑No
POMC 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is
not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any
poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent
support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited
to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of
less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn
with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the
permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if
you have questions or if you need to apply for a sign permit.
Vendors
Does your event indicate vendors? yes ❑No
If so, will they be sellin is and/ o f Nes ❑No
If so, how many anticipated exhibitors/vendors will be at your event?
POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master
Multi -Vendor Event license (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the
City of Port Orchard I Special Event Application
Revised 1213112021
Page 7 of 10
Page 136 of 274
sponsorof the master event shall provide o list of participating vendors, theirbusiness names, tli Back to Agenda
Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation.
• No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within
ten (10) feet of intersection sidewalks.
• Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m.
• Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse
container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed
each day along with vending devices.
• Vendors may engage in public property vending only in the location specified in the public property license. The
location shall be deemed the vending site.
• Utility service connections are not permitted, except electrical when provided with written permission from the
adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the
sidewalk.
• No mechanical audio or noisemaking devices are allowed, and no hawking is allowed.
• A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one-
half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which
the vending device stands.
• Individual vendor advertising signs maybe placed only upon the vending device. Temporary master event advertising
signs may be placed as approved by the city engineer, and
• No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code.
Site Map
A site map is required to be submitted which includes the following:
Vendors:
Yes
❑ No
❑ Not applicable
Beer Garden:
❑ Yes
I&No
❑ Not applicable
Signage:
❑ Yes
❑ No
❑ Not applicable
Tents:
❑Yes
'Sk No
❑ Not applicable
Public entrances and exits:
Yes
❑ No
❑ Not applicable
Road closures and detours:
Yes
❑ No
❑ Not applicable
Traffic patterns:
--Is Yes
❑ No
❑ Not applicable S' Q -yyN cN
Fire Lanes:
Yes
❑ No
❑ Not applicable
Garbage/Recycling:
",& Yes
❑ No
❑ Not applicable
Barricades:
Yes
❑ No
❑ Not applicable
First Aid:
Yes
❑ No
❑ Not applicable
Parking:
ElYes
❑ No
Not applicable
Restrooms:
l Yes
❑ No
❑ Not applicable
If event is a run/walk, list start and stop locations and water/rest stations:
❑ Yes
❑ No
Not applicable
City of Port Orchard I Special Event Application
Revised 1213112021
Page 8 of 10
Page 137 of 274
Back to Agenda
Insurance
The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with
the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows:
$1,01XIAW Liability; $1,000,000 Bodily Injury
Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternational,com .
Release
I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance.
By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold
harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including
attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the
applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the
City,
The information on this form is considered o public record and is subject to public disclosure laws in Chapter 42.56 RCW.
1, as the President or Chair of my organization, agree to the terms and conditions listed above.
of
Comments received by:
Date final review sent:
of
Print Name
FOR CITY CLERK'S OFFICE USE ONLY
Date $50 Permit Fee Received:
Date
Date $50 Expedited Fee Received (if applicable):
❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District
Date Insurance Certificate(s) Received:
Does event require a Master Multi -Vendor License: ❑ Yes ❑ No If Yes: ❑ $15/day fee ❑ $200/monthly fee
Number of days:
Amount:
Date fee paid:
City of Port Orchard I Special Event Application
Revised 1213112021
Page 9 of 10
Page 138 of 274
I
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Backto Agenda
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Page 139 of 274
—zM'IL _Q
2-
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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 8H
Subject: Approval of Road Closures for a Special
Event: Fathoms 0' Fun Festival by the Bay
Backto Agenda
Meeting Date: June 14, 2022
Prepared by: Brandy Wallace, MMC
Atty Routing No:
Atty Review Date
City Clerk
N/A
N/A
Summary: City staff received two Special Event applications for Fathoms 0' Fun Festival by the Bay
scheduled for Sunday, August 14, 2022. The application state's the following:
EVENT: Fathoms 0' Fun Festival by the Bay
TYPE: Craft and Food Vendors
DATE: Sunday, August 14, 2022
TIME: Setup starts Sunday, August 14, 2022, at 6:00 a.m., open to public at 9:00 a.m. until 4:00
p.m. with teardown completed by 6:00 p.m.
LOCATION: Downtown Port Orchard; Bay Street/SR166
CLOSURE(S): Road closures on Bay Street/SR166 from Orchard Street to Harrison Avenue
The required notice, pursuant to POMC 5.96.050(3), allowing citizens to provide written comments
regarding how allowing the special event will impact their property, business, or quality of life has been
published and to -date, the City has received no concerns regarding this event taking place.
Staff and outside agencies have reviewed the application and are working towards ensuring safety
measures are in place.
Pursuant to Port Orchard Municipal Code 5.94.050(4)—recently amended by Council --staff shall bring
forward the special event application to the City council for approval when the event requires a street or
highway closure.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff supports the application, upon the event meets the required necessary public
safety and traffic control provisions.
Motion for consideration: I move to approve the road closures for the Fathoms 0' Fun Festival by the
Bay scheduled for Sunday, August 14, 2022, as presented.
Fiscal Impact: None.
Page 140 of 274
Backto Agenda
Business Item 8H
Page 2 of 2
Alternatives: Deny the road closures and provide direction to staff.
Attachments: Application including maps and traffic flow maps.
Page 141 of 274
Backto Agenda
ORCHARD
.
SPECIAL EVENT PERMIT APPLICATION
(PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96)
STANDARD PROCESSING FEE: $50.00
ADDITIONAL EXPEDITED FEE (LESS THAN 90 BUT MORE THAN 30 DAYS BEFORE EVENT): $50.00
Event Overview
Name of event: Festival by the Bay
Location of event: Bay Street
Type of Event:
festival
alk/Run
Parade
✓
✓endor Fai
L1
Block Party
dler: Battle of the Bands
V/ r
Event or Organization Website: Fathoms O' Fun Festival, Inc www.fathomsofun.org
Description of event:
This event is in conjunction with the Saints Car Club Cruz. The Festival by the Bay Vendor and Craft Show is
down Bay Street. We will have the dunk tank, our Festival Float will be on display, and we will also have the 3rd
Annual Battle of the Bands.
Admission Fees:
Does your event require a paid fee for participants and/or spectators? nYesnNo I
Does your event require minimum or suggested donation for participants and/or spectators?
Admission/participation fee/ suggest donations amount(s):
Only vendors pay a fee.
Event Details
Set Up Starts:
Take Down Complete:
Start Day:
Sunday
Start Date:
8/14/22
Start Time:
6am
End Day:
Sunday
End Date:
18/14/22
End Time:
16PM
Event Dates/Times: Indicate Dates/Times OPEN to attendees
Expected Daily Attendance:
Participants Spectators volunteers/staff
Day:
Sunday
Date:
8/14
Start Time:
9am
End Time:
4pm
^
` 5
Day:
Date:
Start Time:
End Time:
Day:
Date:
StartTime:
End Time:
Additional details: (attach additional pages as needed for additional days or details)
City of Port Orchard I Special Event Application
Revised 1213112021
Page 142 of 274 Page 3 of 10
Back to Agenda
Organization Information*
Name of Organization:
Fathoms O' Fun Festival, Inc.
Do you have an active City Business License?
J
es ❑No What is your UBI number?601 299 098
Point of Contact Name:
Street Address:
Mailing Address: (if different from street address)
PO Box 312
City:
State: Wq
Zip: 98366
City: Port Orchard
State:
Zip:
Phone:
Alternate Phone:
Email: kingcreations@wavecable.com
*Please note the organization information provided may be shared for inquires made on event details
Alcohol
The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB)
regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol
sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, littp.s://Icb.wa.govl for
additional information and to apply for the appropriate license / Permit.
Will alcohol be sold or consumed at your event? Des* [7No
*if yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license.
Food
You will need to reach out to the Kitsap Public Health District as they may require a temporaryfood establishment permit.
Visit their website at httos://kitsop bikhealth.ora/FoodSg fetylfvod vendors.Php or call (360) 728-2235 for information.
Will your event have any food service and/or sales?w1 es Do If yes, how many:
Will your event have professional catering? Elves WIVo If yes, how many:
Will your event have food trucks? Z]Yes Do If yes, how many:
Will your event have food booths or food vendors? Z6s Do If yes, how many:
Restrooms
Prove the number of restrooms that will be available to the public for your event:
45+
4
3
see attached
Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events
Contingency Planning: Job Aids Manual.
No. of users (50% male and 50% female)
Minimum number of portable toilets
Up to 240
3
250 to 499
4
500 to 900
6
1,000 to 1,999
12
2,000 to 2,999
25
3,000 to 3,999
38
4,000 to 4,999
50
City of Port Orchard I Special Event Application
Revised 1213112021
Page 143 of 274 Page 4 of 10
Back to Agenda
Garbage and Recycling
Collection Stations: How many bins are you providing as collection containers at your event?
Recycle Garbage
Will you manage your own recycling and garbage collection or will it be managed by a vendor?
Self-Haulf ✓ kes I ho List vendor/company, if applicable:
Detail your plan for waste management within the event area and surrounding neighborhood. -
We will supply a dumpster and have it placed at the PO Library.
Amplified Sound
Does your event have any amplified sound? Yes ❑No
Indicate dates/time of any amplified sound below:
Day:
Date:
Start Time:
End Time:
Suday
8/14/22
11 am
2:45pm
Day:
Date:
Start Time:
End Time:
Day:
Date:
Start Time:
End Time:
Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.)
We will have 3 bands playing in a round-robin fashion. They will be located on Bay Street closest to Harrison
Street.
Describe what equipment will be used for amplified sound, and at what locations (show in maps):
Typical band equipment
Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed
The bands are set up as follows: 1 band is facing west on Bay Street (middle of Bay), 1 band is in front of Bay
Street Bistro facing north, 1 band is in front of the Polaris Theatre and facing north
Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information
please contact the Port Orchard Police Department (360) 876-1700.
Tents
Does your event include a tent or membrane structure? ❑Yes [—]NZot Applicable
If yes, what is the tent size: vendors will have pop ups_ Does the tent have sides0 eCNc7]Not applicable
May be required to obtain a permit per POMC20.204.010 please contact Community Development (360) 874-5533.
City of Port Orchard I Special Event Application
Revised 1213112021
Page 144 of 274 Page 5 of 10
Backto Agenda
Use of City Right -of -Way and Parking Impacts
Use of State Highway:
Will this event require closure of a State Highway Street (Bay Street/SR166)? apes DO
For State Highway Closures (Bay Street), the sponsoring organization must submit the application to the city at least 120
calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission
from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is
granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city.
WSDOT's online application is located at: https://www.wsdot.wa-gov/contact/events/special-events
Use of Public Property (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any
road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall
include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which
are designated as portions of the state highway system."
Will this event require closure of any of the below public property? Yes allo
If yes, indicate what type of public property is requested to be closed and the location (select all that apply):
11 City Parks:
[Jan Zee Park
Daul Powers Park
Parking Lots:
❑Lot 1: between Orchard
and Frederick streets on
the north side of Bay
Street
❑Lot 2: between
Frederick Street and
Sidney Avenue, north of
Bay St.
Sidewalks:
❑McCormick Village Park
❑Central Park
Dot 3: five rows of
parking west of
Harrison Ave and east
of and parallel to the
library
❑Lot 4: all parking east
of Lot 3 and Harrison
Ave and west of the
Marina Park
1-1 Etta Turner Park
❑Givens Park
Lot 5: all parking on City
Hall property in front of
the Police department
❑Lot 6: abutting the
landscaped area at the
SW corner of the Bay St
and Dekalb St
intersection
Rockwell Park
aoof 7: all parking spaced
cated on the library
property which is limited to
library staff only
❑Lot 8: employee parking lot
east of City Hall adjacent to
Prospect Alley which is
between Kitsap Street and
Prospect Street.
aStreet(s) If requesting street closure, fill out the closure information below and provide a traffic control plan of the
area impacted.
Traffic Control Plan:
Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified
flaggers:
Have not decided on the TC plan yet as of this date; still receiving estimates
Page 145 of 274
City of Port Orchard I Special Event Application
Revised 1213112021
Page 6 of 10
Back to Agenda
Street Closure Details:
Street Name:
Between
(cross street):
And
(cross street):
Start Date:
Start Time:
End Date:
End Time:
Additional details: (attach additional pages as needed for more streets and/or more details about use.)
See map provided by the City from the 2021 event, attached.
Parking Impacts
Have parking impacts been coordinated with neighbors (residential/business)? Yes ❑ No Not Applicable
If yes, how will parking be provided for participants and visitors (including handicapped parking)?
Vendor participants park on Frederick Street hill; band vehicles park on Bay St.
Event Signage
Are you planning to put up temporary signsoes F-1No
POMC20.132.290 `Temporary sign" (which may include special event sign) means any sign that is used temporarily and is
not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any
poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent
support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited
to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of
less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn
with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the
permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if
you have questions or if you need to apply for a sign permit.
Vendors
Does your event indicate vendors?Wles[:]N❑
If so, will they be selling merchandise and/ or food?W]Yes DO
If so, how many anticipated exhibitors/vendors will be at your event?
45+
POMC 5.96, if your event has two or more vendors engaged In public property vending, you are required to have a Master
Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the
City of Port Orchard I Special Event Application
Revised 1213112021
Page 7 of 10
Page 146 of 274
Backto Agenda
sponsor of the master event shall provide a list of participating vendors, their business name, .,,.„ u.ru,ca,ar.a u„u .,,c„ State
Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation.
• No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within
ten (10) feet of intersection sidewalks.
• Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m.
• Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse
container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed
each day along with vending devices.
• Vendors may engage in public property vending only in the location specified in the public property license. The
location shall be deemed the vending site.
• Utility service connections are not permitted, except electrical when provided with written permission from the
adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the
sidewalk.
• No mechanical audio or noisemaking devices are allowed, and no hawking is allowed.
• A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one-
half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which
the vending device stands.
• Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising
signs may be placed as approved by the city engineer; and
• No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code.
Site Map
A site map is required to be submitted which includes the following:
Vendors:
7Yes
11 No
1-1 Not applicable
Beer Garden:
❑lies
17No
Dot applicable
Signage:
takes
❑No
lot applicable
Tents:
Zkes
❑No
[]Not applicable
Public entrances and exits:
7Yes
❑No
Dot applicable
Road closures and detours:
WlYes
[]No
❑Not applicable
Traffic patterns:
ZlYes
[]NO
Dot applicable
Fire Lanes:
WlYes
❑No
Dot applicable
Garbage/Recycling:
W]1les
F]No
Not applicable
Barricades:
ZlYes
F-1No
F]Not applicable
First Aid:
nlles
IzNo
Not applicable
Parking:
11Yes
�No
Not applicable
Restrooms:
ZlYes
[]No
Not applicable
If event is a run/walk, list start and stop locations and water/rest stations:
❑Yes ❑No 7Not applicable
City of Port Orchard I Special Event Application
Revised 1213112021
Page 8 of 10
Page 147 of 274
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Insurance
The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with
the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows:
$1,000,000 Liability; $1,000,000 Bodily Injury
Special Event Insurance for events held at city -owned facilities can be purchased at event! nsure.hubinternationaLcom .
Release
I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance.
By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold
harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including
attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the
applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the
City.
The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW.
I, as the President or Chair of my organization, agree to the terms and conditions listed above.
Digitally signed by Sharron E King
Sharron E King
Date: 2022.03.10 16:05:35-08'00'
Signature of President/Chair of Organization Print Name
Comments received by:
Date final review sent:
FOR CITY CLERK'S OFFICE USE ONLY
Date $50 Permit Fee Received:
Date
Date $50 Expedited Fee Received (if applicable):
❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District
Date Insurance Certificate(s) Received:
Does event require a Master Multi -Vendor License: ❑ Yes ❑ No If Yes: ❑ $15/day fee ❑ $200/monthly fee
Number of days:
Amount:
Date fee paid:
City of Port Orchard I Special Event Application
Revised 1213112021
Page 9 of 10
Page 148 of 274
Backto Agenda
ORCHARD
Special Event Permit Application Checklist
Please use this list to ensure you have included all supporting documentation with your special event
application.
Of your event coincides with another organizations event in the same location, please provide written approval
from the event organizer that indicates their approval of your event.
Reviewed Special Event Tool Kit
❑Written approval from property owner if location is on non -City owned property (if applicable) (Page 2)
Special Event Fee (Check, Cash, Credit Card) (Page 3)
Health Permits (if applicable) (Page 4)
111pecia I Liquor License (if applicable) (Page 4)
Contact Department of Community Development for tent permit (if applicable) (Page 5)
W7if there are road closures, have you attached a traffic control plan (Page 6)
Zl pon event approval, use of State Highway Letter of Acknowledgment or an Agreement that is received
from the Department of Transportation if State Highway is requested to be closed (Page 6)
Master Multi -Vendor Event License fee (if applicable) (Page 7)
lJontact Department of Community Development for sign permit (if applicable) (Page 7)
Completed site map (Page 8)
Z�pecial Event Application/Release is completed and signed by the President or Chair of organization (Page 9)
Insurance Certificate, with endorsement, provided at least 30 days prior to event date (Page 9)
Tips or a successful event
❖ Contact the local media (Kitsap Sun, Port Orchard Independent, etc.).
•'• Post information on your social media site.
❖ Contact the Port Orchard Chamber of Commerce.
❖ Attend a City Council meeting to speak during citizen comments letting council and public know of your event.
City of Port Orchard I Special Event Application
Revised 1213112021
Page 10 of 10
Page 149 of 274
Back to Agenda
LEGEND:
Detour Route
r
V Event Volunteer
Type III Banicede
Handicap SaniCan
Q 50 Gallon Trash Can
Cruz Event Areas
SR 166 Closure
Ama2- Shuttle Location
• ■ . ► Shuttle Route
AFea3 � ®®®® QQ ® ® .. _ _ _--.--�. �a a�i � Wash Station
a i
' ® To PARMORY ® Baml(:an
- / 1 ` !' ��' �t ® ® v.P,rtn,e•r Fathoms Dunk Tank
• W ® Q 1 Area ,,,
� Fathoms Float
HMO mod' FOF Information Booth
.w BOB FOF Battle of the Bands
�V �•-
♦T
t�
•rr rrrsruarrr•rnn
K
+rarrrrrrsaaasr..rJleFar:
Dekn.b 5t -
72Wb St
Dwahe S!
TO Kr-. FROM KC.
COlR2THOU5E- COURTHOUSE
- a
I)Mgh! $t y( (Mi
ah!St 2
F
CSL
Event Map.
Drawn By
Chritian Williams,PEJuly
CHAR
j
13, 2021
�� -�
Cruz Car Show and Festival by the Bay
Scale: NTS
Page 150 of 274
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RESTROOMS FOR FESTIVAL BY THE BAY
Fathoms will place a sani-can in the alleyway between the Polaris Theatre and the Bay Street Bistro
for the Battle of the Bands area.
Fathoms will place a sani-can and wash station nearest the food vendors.
As with last year, the Saints put the San! -Cans on the waterfront side as well as the use of the Port of
Bremerton restrooms, and the City restroom near Kitsap Bank.
If additional sani-cans are required, we need to reviewand discuss.
Page 151 of 274
Backto Agenda
Fathoms O' Fun Festival
Presents
FESTIVAL BY THE BAY
at THE CRUZ!
Dear Downtown Port Orchard Merchant & Resident. -
Our hope is to bring many people downtown to the Festival to visit, and
to see what our Port Orchard downtown has to offer as a shopping,
dining, and sightseeing destination. We expect a large amount of
vendors on Bay Street and will do our best to see that the day is a huge
success for them and you!
Vendors will begin setting up at 6 am, and Bay Street will be closed to
vehicle traffic from 6 am through approximately 5 pm. Here is
information that will be furnished to the press:
Fathoms O' Fun's FESTIVAL BY THE BAY at
THE SAINTS CAR CLUB CRUZ
Sunday, August 14, 2022 ,.► 9 am — 4 pm
in Downtown Port Orchard
Vendor set up will begin at 6 am
Food, Crafts, Sales, Art, Informational Booth, Royalty Dunk Tank
AND Cars, cars, cars and more cars!
We are bringing back the 2nd Annual "BATTLE OF THE BANDS"
11 am — 2:45 pm on Bay Street - Vote for your favorite band!
Our local Fathoms O' Fun Festival float will be on display, which is the
centerpiece of our traveling ambassador group for Port Orchard and
South Kitsap.
The Cruz is produced annually by The Saints Car Club — with up to
15,000 visitors. Fathoms O' Fun Festival has been on Bay Street since
2003 with the "Festival By the Bay" Together, the Saints Car Club Cruz
and the Fathoms promise one very exciting summer event!
Vendor Show Information:
Bob Morehouse (360) 620-3363
Email bobefathomsofun.org
www.fathomsofun.org
Page 152 of 274
Back to Agenda
CR.'NAr I ril 'Vi.+ _ .EENi iuVfX 4jrJOW
Craimil Cam Ch_cz
Board Member
VEHICLE PASS
Page 153 of 274
Back to Agenda
Page 154 of 274
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: Approval of a Special Event Time Submittal
Waiver: Kitsap County Cornhole Classic
Backto Agenda
Meeting Date: June 14, 2022
Prepared by: Brandy Wallace, MMC
Atty Routing No:
Atty Review Date
N/A
N/A
Clerk
Summary: City staff received a Special Event application for Kitsap County Cornhole Classic event
scheduled for Sunday, August 7, 2022. The application states the following:
EVENT: Kitsap County Cornhole Classic
TYPE: Sport Event
DATE: Sunday, August 7, 2022
TIME: Open to public at 9:00 a.m. until 6:00 p.m.; with setup starting at 7:00 a.m.
and teardown completed by 7:00 p.m.
LOCATION: Downtown Port Orchard
CLOSURE(S): City owned Parking Lot #4 (behind Peninsula Feed)
In last year's code revision, the expedited process for applications were removed and despite staff's
effort to communicate this change to historical event organizers this event organizer was unaware of the
change. Since there are no provisions to allow "grandfathered" event holders an exemption of time
requirements, the applicant is asking Council to modify the permit requirement by waiving the time
restriction of submitting an application 90 calendar days before the date of the special event to take
place, as outlined in POMC 5.94.030 (3). Due to the timing of adoption of this new deadline, there are no
other events that staff is aware of that a waiver would impact.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff supports the application.
Motion for consideration: I move to waive the submittal requirement outlined in POMC 5.94.030(3) for
the Kitsap County Cornhole Classic taking place on August 7, 2022 and allow staff to route the
application in accordance with the rest of POMC 5.94.
Fiscal Impact: None.
Alternatives: Deny not modify the time submittal requirement.
Attachments: Application
Page 155 of 274
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ORCHARD
SPECIAL EVENT PERMIT APPLICATIONC/7YOFpORT '10e2
(PORT ORCHARD MUNICIPAL CODE 5.94 AND 5.96) �eL6RkS aFFjyARD
STANDARD PROCESSING FEE: $50.00 CF
ADDITIONAL EXPEDITED FEE (LESS THAN 90 BUT MORE THAN 30 DAYS BEFORE EVENT): $50.00
Event Overview
Name of event: Kitsap County Cornhole Classic
Location of event:Port of Bremerton Marina Park
Type of Event: estival I alk/Run 'grad endor Fair lock Party ther:sportsEvent
Event or Organization Website: WWW.https://skchamber.org/kcc/
Description of event:
Several teams playing/competing in cornhole tournament.
Admission Fees:
Does your event require a paid fee for participants and/or spectators? YeswNo
Does your event require minimum or suggested donation for participants and/or spectators?
Admission/participation fee/ suggest donations amount(s):
Event Details
Set Up Starts:
Start Day: Start Date: a Start Time: End Day:
salurday'::�. $13 S� 7 Z' 7:00
Event Dates/Times: Indicate Dates/Times OPEN to attendees
Participants
Day• - LK1) Date: -Start Time: End Time. 1 00
Sekwe[fty 8�2 9:00 18:00
Day: Date: Start Time: End Time:
Day: I Date: I Start Time: I End Time:
I
Take Down Complete:
End Date: End Time:
9'00
Expected Daily Atte dance:
Spectators volunteers/staff
J 50 10 _ _
Additional details: (attach additional pages as needed for additional days or details)
Page 156 of 274
City of Port Orchard I Special Event Application
Revised 31112022
Page 3 of 10
Back to Agenda
Organization Information*
Names of Oranni7ntinn•Cnufh Vitenn ('hnmhor of (`nmmarro
Do you have an active City Business License?
'es
What is your UBI number?601-533-890
Point of Contact Name:Matt Murphy
Street Address:
1014 Bay Street #3
Mailing Address: (if different from street address)
city:Port Orchard
State:WA Zip:98366
City;
State:
Zip:
Phone:360-876-3505
Alternate Phone:360 - 535-4111
Email: matt@portorchard.com
*Please note the organization information provided may be shared for inquires made on event details
Alcohol
The sale, service and consumption of alcoholic beverages are subject to Washington State Liquor & Cannabis Board (WSLCB)
regulations, licensing, and permit requirements. WSLCB Special Occasion and other Licenses and related fees for alcohol
sales/service at events are not included in the City's Special Event Permit. Visit the WSLCB website, https://icb.wa.goyl for
additional information and to apply for the appropriate license / Permit.
Will alcohol be sold or consumed at your event? kes* ❑Vo
*If yes, you must contact the Washington State Liquor and Cannabis Board for a special liquor license.
Food
You will need to reach out to the Kitsap Public Health District as they may require a temporary food establishment permit.
Visit their website at https://kitsoppublichealth.ora/Food5afetylfood vendors.php or call (360) 728-2235 for information.
Will your event have any food service and/or sales?Wes �o If yes, how many:
Will your event have professional catering? ❑Yes
Will your event have food trucks? Wes
Will your event have food booths or food vendors? FlYes
Restrooms
FV]No If yes, how many:
❑No If yes, how many: 2
�o If yes, how many: _
Prove the number of restrooms that will be available to the public for your event: 3
Below is an example of the estimated amounts needed per the amount of users recommended in the FEMA Special Events
Contingency Planning: Job Aids Manual.
No. of users (50% male and 50% female)
Minimum number of portable toilets
3
Up to 240
250 to 499
500 to 900
4
6
12
1,000 to 1,999
2,000 to 2,999
25
3,000 to 3,999
38
4,000 to 4,999
50
City of Port Orchard I Special Event Application
Page 157 of 274 Revised 31112022
Page 4 of 10
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Garbage and Recycling
Collection Stations: How many bins are you providing as collection containers at your event?
Recycle 1 Garbage
Will you manage your own recycling and garbage collection or will it be managed by a vendor?
Self -Haul: ✓❑Yes No List vendor/company, if applicable:
Detail your plan for waste management within the event area and surrounding neighborhood:
We generate very little garbage, but will provide recepticles for collection.
colletion out at the end of the event on our own.
Amplified Sound
Does your event have any amplified sound? Yes❑No
W1
Indicate dates/time of any amplified sound below:
Day: el"
Date: �
s /7 "'
Start Time:
End Time:
sate I/+�'1
�2-
-9:00
18:00
Day:
Date:
Start Time:
End Time:
Day: Date: Start Time: End Time:
Describe what sound will be amplified, and at what hours (e.g., 7:00am announcements, 8:00am background music, etc.):
Random announcements throughout the day. Low volume background music throughout the
day.
Describe what equipment will be used for amplified sound, and at what locations (show in maps):
Portable small PA system
Describe schematics and direction of amplified sound (show in maps, attach supporting documents as needed
Towards active players of the tournament
Noise levels generated shall not be in excess of allowable levels, consistent with POMC 9.24.050. For more information
please contact the Port Orchard Police Department (360) 876-1700.
Tents
Does your event include a tent or membrane structure? D Yes �✓ No Dot Applicable 1 oyIc) C GINv
1AV���5
If yes, what is the tent size: Does the tent have sides? ❑Yes❑NcE]Not applicable
May be required to obtain a permit per POMC 20.204.010 please contact Community Development (360) 874-5533.
City of Port Orchard I Special Event Application
Page 158 of 274 Revised 31112022
Page 5 of 10
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Use of City Right -of -Way and Parking Impacts
Use of State Highway:
Will this event require closure of a State Highway Street (Bay Street/SR166)? ❑Yes Fv No
For State Highway Closures (Bay Street), the sponsoring organization must submit the application to the city at least 120
calendar days before the event date. Upon city approval of the event, the sponsoring organization shall seek permission
from the Washington State Department of Transportation (WSDOT) by completing an online application. Once permission is
granted from WSDOT, a copy of the Letter of Acknowledgment or an Agreement will need to be provided to the city 45 days
prior to the event. WSDOT's online application is located at: https://www.wsdot.wa,gov/contact/events/special-events
Use of Public Property (Right-of-way): Port Orchard Municipal Code 5.94.020(7) states "Right-of-way (ROW)" means any
road, public parking lot, city street, highway, boulevard or place in the city open as a matter of right to public travel and shall
include arterials, neighborhood streets, alleys, bicycle paths and pedestrian ways; including streets or portions thereof which
are designated as portions of the state highway system."
Will this event require closure of any of the below public property? R Yes ❑ No
If yes, indicate what type of public property is requested to be closed and the location (select all that apply):
City Parks:
❑Van Zee Park
❑Paul Powers Park
�✓ Parking Lots:
Dot 1: between Orchard
and Frederick streets on
the north side of Bay
Street
❑Lot 2: between
Frederick Street and
Sidney Avenue, north of
Bay St.
Sidewalks:
❑McCormick Village Park
❑Central Park
❑Lot 3: five rows of
parking west of
Harrison Ave and east
of and parallel to the
library
Lot 4: all parking east
of Lot 3 and Harrison
Ave and west of the
Marina Parke
Dtta Turner Park
11Givens Park
❑Lot 5: all parking on City
Hall property in front of
the Police department
❑Lot 6: abutting the
landscaped area at the
SW corner of the Bay St
and Dekalb St
intersectiorw
Rockwell Park
❑Lot 7: all parking spaced
located on the library
property which is limited to
library staff only
❑Lot 8: employee parking lot
east of City Hall adjacent to
Prospect Alley which is
between Kitsap Street and
lz�l Prospect Street. , -
Dtreet(s) If requesting street closure, fill out the closure information below and provide a traffic control plan of the
area impacted.
Traffic Control Plan:
Provide the name of the traffic control company you are using to direct traffic, manage road closures, and providing certified
flaggers:
City of Port Orchard I Special Event Application
Page 159 of 274 Revised 31112022
Page 6 of 10
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Street Closure Details:
Street Name:
Between And Start Dates
(cross street). (cross street).
Start Time:
End Date:
End Time:
Additional details: (attach additional pages as needed for more streets and/or more details about use.)
Parking Impacts
Have parking impacts been coordinated with neighbors (residential/business)? Yes ❑No Not Applicable
If yes, how will parking be provided for participants and visitors (including handicapped parking)?
We don't need ALL parking East of Harrison and West of Marina Park... only the first 2-3
rows of parking west of the park.
Event Signage
Are you planning to put up temporary signs?Yes FIN
POMC 20.132.290 "Temporary sign" (which may include special event sign) means any sign that is used temporarily and is
not permanently mounted, painted or otherwise affixed, excluding portable signs as defined by this chapter, including any
poster, banner, placard, stake sign or sign not placed in the ground with concrete or other means to provide permanent
support, stability and rot prevention. Temporary signs may only be made of nondurable materials including, but not limited
to, paper, corrugated board, flexible, bendable or foldable plastics, foamcore board, vinyl canvas or vinyl mesh products of
less than 20-ounce fabric, vinyl canvas and vinyl mesh products without polymeric plasticizers and signs painted or drawn
with water soluble paints or chalks. Signs made of any other materials shall be considered permanent and are subject to the
permanent sign regulations of this chapter. Please contact the Community Development Department at (360) 874-5533 if
you have questions or if you need to apply for a sign permit.
Vendors
Does your event indicate vendors?Fl Yes kVo
If so, will they be selling merchandise and/ or food?Yes ❑No
If so, how many anticipated exhibitors/vendors will be at your event?
POMC 5.96, if your event has two or more vendors engaged in public property vending, you are required to have a Master
Multi -Vendor Event License (MMVEL). The MMVEL fee is $15.00 per day or $200 per month. POMC 5.96.020(3)(a) states the
City of Port Orchard I Special Event Application
Revised 31112022
Page 7 of 10
Page 160 of 274
sponsor of the master event shall provide list of participating vendors, their business nar Back to Agenda leirstate
Tax Revenue Identification Numbers to the city clerk within three working days after the first day of the operation.
• No public vending is allowed within twenty-five (25) feet of any municipal building, monument, or fountain, OR within
ten (10) feet of intersection sidewalks.
• Vending devices must be removed from vending sites daily between the hours of 10:00 p.m. and 6:00 a.m.
• Vending devices and vending sites must always be clean and orderly. The vendor must furnish a suitable refuse
container and is responsible for the daily disposal of refuse deposited therein. Refuse containers must be removed
each day along with vending devices.
• Vendors may engage in public property vending only in the location specified in the public property license. The
location shall be deemed the vending site.
• Utility service connections are not permitted, except electrical when provided with written permission from the
adjacent property owner. Electrical lines are not allowed overhead or lying in the pedestrian portion of the
sidewalk.
• No mechanical audio or noisemaking devices are allowed, and no hawking is allowed.
• A vinyl or canvas umbrella may be added to the vending device, but its open diameter may not exceed eight and one-
half feet. Any part of the umbrella must have a minimum of seven feet of vertical clearance to the area on which
the vending device stands.
• Individual vendor advertising signs may be placed only upon the vending device. Temporary master event advertising
signs may be placed as approved by the city engineer; and
• No conduct shall be permitted which violates any other section of the Port Orchard Municipal Code.
Site Map
A site map is required to be submitted which includes the following:
Vendors-
❑ Yes
❑ No
FV1
Not applicable
Beer Garden:
� Yes
❑ No
❑
Not applicable
Signage:
R1 Yes
❑ No
❑
Not applicable
Tents:
—]Yes
❑ No
Not applicable
Public entrances and exits:
❑ Yes
❑ No
�
Not applicable
Road closures and detours.
❑Yes
❑ No
F6/1
Not applicable
Traffic patterns:
Des
❑ No
Fv]
Not applicable
Fire Lanes:
❑Yes
❑ No
Not applicable
Garbage/Recycling:
R�es
❑ No
❑
Not applicable
Barricades:
Yes
❑
❑ No
Not applicable
First Aid:
❑ Yes
❑ No
—1
Not applicable
Parking:
❑Yes
❑ No
Not applicable
Restrooms:
FV Yes
❑ No
❑Not
applicable
If event is a run/walk, list start
and stop locations
and water/rest
stations:
❑ Yes
❑ No
F6/1
Not applicable
City of Port Orchard I Special Event Application
Revised 31112022
Page 8 of 10
Page 161 of 274
Back to Agenda
Insurance
The sponsoring organization must provide an insurance certificate, with endorsements, at least 30 days prior to the event with
the City of Port Orchard shown as Additional Named Insured with minimum coverage to be as follows:
$1,000,000 Liability; $1,000,000 Bodily Injury
Special Event Insurance for events held at city -owned facilities can be purchased at eventinsure.hubinternational.coml.
Release
I certify that the event for which this permit is to be used will not be in violation of any City of Port Orchard ordinance.
By applying for this special event permit, the organization or entity obtaining such permit agrees to defend, indemnify, and hold
harmless the City, its officers, officials, employees and volunteers from all claims, injuries, damages, losses, or suits, including
attorney fees and costs, arising out of or in conjunction with the activities or operations performed by the applicant or on the
applicant's behalf resulting from the issuance of this permit, except for injuries and damages caused by the sole negligence of the
City.
The information on this form is considered a public record and is subject to public disclosure laws in Chapter 42.56 RCW.
I, as the President or Chair of my organization, agree to the terms and conditions listed above.
V�u� Li J �.
Signature of President rganization Print Name Date
Comments received by:
Date final review sent:
FOR CITY CLERK'S OFFICE USE ONLY
Date $50 Permit Fee Received:
❑ Police ❑ Public Works ❑ Finance ❑ Community Development ❑ Kitsap Transit ❑ Clerk's Office ❑ Health District
Date Insurance Certificate(s) Received.
Does event require a Master Multi -Vendor License: ❑ Yes ❑ No
Number of days:
Amount:
If Yes: ❑ $15/day fee ❑ $200/monthly fee
Date fee paid:
City of Port Orchard I Special Event Application
Revised 31112022
Page 9 of 10
Page 162 of 274
A
41
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rk ON
City
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 8J
Subject: Adoption of a Resolution Approving
Amendment No. 2 to Contract No.
Meeting Date: June 14, 2022
Prepared by: Charlotte Archer
040-12 with Kitsap County for Atty Routing No.
Emergency Management Services Atty Review Date
City Attorney
366922-0005 — Clerk
June 10, 2022
Summary: Pursuant to the Emergency Management Act, RCW 38.52, local jurisdictions are required to
establish a local organization for emergency management, and to maintain a local comprehensive
emergency management plan. The City's Comprehensive Emergency Plan (CEMP) is built upon an
agreement for a cooperative response with local jurisdictions for emergency response to disasters. The
City, along with Kitsap County and the cities of Bremerton, Bainbridge Island and Poulsbo, entered into an
Interlocal Agreement (pursuant to RCW 39.34, the Interlocal Cooperation Act) in 2012 for Emergency
Management Services (the "Agreement"). That Agreement created a program to manage emergencies or
disasters in the area through an established Department of Emergency Management, pursuant to RCW
38.52.070. The City Council authorized participation in the Agreement at its meeting on June 12, 2012,
and approved a subsequent amendment to the Agreement on November 26, 2019.
By its terms, as amended, the Agreement expired in November 2020. However, all parties to the
Agreement continued operating under the terms thereof with a common understanding that the
Agreement remained in full force and effect, but due to the pandemic, no formal extension notice was
given by any party. In 2022, Kitsap County prepared a Second Amendment to the Agreement to
memorialize the parties' commitment to the continuation of the Agreement to present as well as a
prospective extension of the Agreement into the future.
Relationship to Comprehensive Plan: N/A
Recommendation: Staff recommends the adoption of a Resolution authorizing the Mayor to execute the
Second Amendment to Contract No. 040-12, an Interlocal Agreement for Emergency Management
Services.
Motion for Consideration: I move to adopt a Resolution authorizing the Mayor to execute the Second
Amendment to Contract No. 040-12, an Interlocal Agreement for Emergency Management Services.
Fiscal Impact: None anticipated
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Staff Report 8J
Page 2 of 2
Alternative: Reject and provide alternative guidance.
Attachment: Resolution, Resolution — Exhibit A — Second Amendment to Contract No. 040-12 (KC 496-
1213), and courtesy copies of Contract No. 040-12 and Amendment No. 1 thereto
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RESOLUTION NO.
A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING
THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO CONTRACT NO. 040-
12, AN INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES
WITH KITSAP COUNTY AND THE CITIES OF BREMERTON, POULSBO, AND
L:7_11,11"..111 Z4:111111;W_VlM
WHEREAS, the Revised Code of Washington (RCW) Chapter 38.52, the Emergency
Management Act, authorizes and directs local jurisdictions to establish a local organization for
emergency management and to maintain a local comprehensive emergency management plan;
and
WHEREAS, RCW Chapter 39.34, the Interlocal Cooperation Act, further empowers local
agencies to work cooperatively to effectuate municipal purposes; and
WHEREAS, the City's current Comprehensive Emergency Management Plan (CEMP),
adopted by Ordinance No. 005-16, calls for a cooperative response with local jurisdictions for
emergency response; and
WHEREAS, on June 12, 2012, the City Council authorized the Mayor to execute Contract
No. 040-12, an Interlocal Agreement for Emergency Management Services with Kitsap County and
the cities of Bainbridge Island, Bremerton, and Poulsbo (the "Agreement"), to establish a program
to manage emergencies or disasters, consistent with the CEMP; and
WHEREAS, on November 26, 2019, the City Council authorized the Mayor to execute the
First Amendment to the Agreement, modifying provisions and extending its term; and
WHEREAS, since the execution of the Agreement as amended, the City and its partners
have continued to work cooperatively to effectuate the purposes of the agreement, without
cessation; and
WHEREAS, the Second Amendment to the Agreement memorializes the continued
dedication of the parties to the joint endeavor, and extends its term to ensure uninterrupted,
cooperative emergency management; and
WHEREAS, the City Council finds it is in the best interest of the City and its residents to
authorize the Mayor to execute the Second Amendment; 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.
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Resolution No.
Page 2 of 2
THAT: The City Council approves of and authorizes the Mayor to execute Second
Amendment to Contract No. 040-12 (KC 496-12B), attached hereto as Exhibit A and
incorporated herein by this reference.
THAT: The City Council approves of and ratifies all actions taken consistent with this
authorization, including the execution of the Agreement and Amendment No. 1 thereto,
which preceded the adoption of this resolution.
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 141" day of June 2022.
ATTEST:
Brandy Wallace, MMC, City Clerk
Robert Putaansuu, Mayor
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KC 496-12B
SECOND AMENDMENT
INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES
This Second Amendment ("Amendment") to the Interlocal Agreement for Emergency Management
Services is entered by and among Kitsap County ("County") and the Cities of Bremerton, Port
Orchard, Poulsbo, and Bainbridge Island.
WHEREAS, the parties previously executed an Interlocal Agreement for Emergency Management
Services, KC 496-12, which was amended by KC 496-12A (collectively "Agreement"); and
WHEREAS, the parties desire to amend the Agreement to extend the term.
NOW, THEREFORE, in consideration of the mutual promises of the parties, the parties agree as
follows:
Section 21(Term). Section 21 of the Agreement is amended and replaced with the following:
This agreement shall be perpetual unless terminated as provided in Section 22.
2. Effective Date. This Amendment shall be effective on November 24, 2020.
3. Terms Unchanged. Except as expressly provided in this Amendment, all other terms and
conditions of the Agreement, and any subsequent amendments, addenda, or modifications
thereto, remain unchanged in full force and effect as to all parties.
4. Counterparts. This Amendment may be executed in any number of counterparts, all such
counterparts shall be deemed to constitute one and the same instrument, with each counterpart
deemed an original. Should fewer than all named parties execute this Amendment, the
Amendment shall be effective as between the Parties that have executed the Amendment to the
same extent as if no other parties had been named.
5. Severability. The provisions of this Amendment are severable. Any term or condition of this
Amendment or application thereof deemed to be illegal, invalid, or unenforceable, in whole or
in part, shall not affect any other term or condition of the Amendment and the Parties' rights
and obligations will be construed and enforced as if the Amendment did not contain the
particular provision.
Signatures of Next Page
Page 1 of 6
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DATED this day of , 2022
ATTEST:
DANA DANIELS, Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
EDWARD E. WOLFE, Chair
ROBERT GELDER, Commissioner
CHARLOTTE GARRIDO, Commissioner
Page 2 of 6
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DATED this day of , 2022
CITY OF BREMERTON
GREG WHEELER, Mayor
APPROVED AS TO FORM: ATTEST:
KYLIE FINNELL, City Attorney ANGELA HOOVER, City Clerk
Page 3 of 6
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DATED this day of , 2022
CITY OF PORT ORCHARD
ROBERT PUTAANSUU, Mayor
APPROVED AS TO FORM:
ATTEST:
CHARLOTTE ARCHER, City Attorney BRANDY WALLACE, City Clerk
Page 4 of 6
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DATED this day of , 2022
CITY OF POULBSO
BECKY ERICKSON, Mayor
APPROVED AS TO FORM: ATTEST:
ALEXIS FOSTER, City Attorney RHIANNON FERNANDEZ, City Clerk
Page 5 of 6
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DATED this day of , 2022
CITY OF BAINBRIDGE ISLAND
APPROVED:
BLAIR KING, City Manager
APPROVED AS TO FORM: ATTEST:
JOE LEVAN, City Attorney CHRISTINE BROWN, City Clerk
Page 6 of 6
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INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES
WHEREAS, RCW 38.52, the Emergency Management Act, empowers local
governmental entities to establish a program to deal with emergencies and specifically authorizes
two or more entities to join together to establish such a program; and
WHEREAS, RCW 39.34, the Interlocal Cooperation Act, encourages joint programs and
cooperation between governmental entities; and
WHEREAS, Kitsap County and the cities of Bainbridge Island, Bremerton, Port Orchard,
and Poulsbo desire to join together to establish a program to manage emergencies or disasters,
whether natural, technological or human -caused.
NOW, THEREFORE, the parties agree as follows:
Section 1. Definitions
The following terms are defined as follows:
a. "Cities" means the cities of Bainbridge Island, Bremerton, Port Orchard, and Poulsbo.
b. "Council" means the Kitsap County Emergency Management Council.
C. "County" means Kitsap County.
d. "Director" means the Director of the Department of Emergency Management.
e. "Department of Emergency Management" means the department that is responsible for
performing local emergency management functions in incorporated and unincorporated
Kitsap County.
f. "Emergency or disaster" means an event or set of circumstances which:
(1) Demands immediate action to preserve public health, protect life, protect public
property, or to provide relief to any stricken community overtaken by such
occurrences, or
(2) Reaches such a dimension or degree of destructiveness as to warrant the governor
declaring a state of emergency pursuant to RCW 43.06.010.
g. "Emergency Management" means the preparation for and carrying out of all emergency
functions, other than functions for which the military forces are primarily responsible, to
mitigate, prepare for, respond to, and recover from emergencies and disasters, and to aid
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victims suffering from injury or damage, resulting from disaster caused by all hazards,
whether natural, technological, or human -caused, and to provide support for search and
rescue operations for persons and property in distress.
h. "Search and Rescue" means the acts of searching for, rescuing, recovering by means of
ground, marine, or air activity any person who becomes lost, injured, or is killed while
outdoors or as a result of a natural, technological or human -caused disaster, including
instances involving searches for downed aircraft when ground personnel are used.
Section 2. Department of Emergency Management Established.
The Department of Emergency Management is hereby established. This department is the
successor to the Emergency Management Organization of Kitsap County. The Department of
Emergency Management shall be a Kitsap County department that is jointly administered and
funded by the Parties to this Interlocal Agreement.
Section 3. Powers and Duties of the Department of Emergency Management.
The Department of Emergency Management shall provide emergency management services and
programs to the residents of, and on behalf of, the County and the Cities. In addition, the
Department of Emergency Management, pursuant to RCW 38.52.070, is designated as the local
emergency management organization for the County and Cities and is vested with emergency
management powers and authority to the maximum extent permitted by RCW 38.52.
Section 4. Kitsap County Emergency Management Council Established.
The Kitsap County Emergency Management Council is hereby established. This Council is the
successor to the Emergency Management Organization of Kitsap County.
Section 5. Control by Council.
Direction, control, and oversight of the Department of Emergency Management are hereby vested
in the Council unless otherwise specifically provided herein.
Section 6. Composition of Council.
a. The Council shall be composed of the following five persons:
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1. One (1) county commissioner;
2. The mayors of Bremerton, Port Orchard and Poulsbo.
3. One (1) City council member from Bainbridge Island.
b. If one of the members is unable to attend a meeting of the Council, he or she may
designate an alternate elected official who shall be empowered to vote and participate in
and conduct the business of the Council.
Section 7. Conduct of Business by Council.
a. Meetings. The business and other matters that come before the Council shall be
conducted during an open public meeting. Meetings may be scheduled at regular times or
may be called as a special meeting on an as -needed basis. The chairperson, vice -
chairperson, or the Director is authorized to call for a meeting.
b. Quorum. A quorum shall exist when there are at least two (2) mayors, or their designees,
and one (1) county commissioner, or his or her designee present. Business may be
conducted by majority vote of the quorum unless otherwise provided in this agreement.
C. Bylaws. Bylaws may be passed and amended by the Council but shall require a two-
thirds (2/3) favorable vote.
d. Election. At the first meeting of each calendar year, the Council shall elect a chairperson
and vice -chairperson. Each position shall serve for the remainder of the calendar year or
until a successor is elected.
e. Minutes. The Director, or designee, shall keep the minutes of all meetings.
f. Rules. Council meetings shall be conducted in accordance with Robert's Rules of Order
unless otherwise stated in the bylaws.
g. Notice. Prior to conducting and holding special meetings, each member of the Council
shall be given forty-eight (48) hours advance notice of the meeting and public notice shall
be provided as required by state law.
Section 8. Appointment of Director.
A Director shall be appointed to organize, administer, and manage the operations of the
Department of Emergency Management on a day-to-day basis. The Council shall, by majority
vote, select the Director.
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Section 9. Powers and Duties of Director.
The Director, or designee, shall:
a. Implement the policies, procedures, programs, and directives of the Council in regard to
emergency management operations.
b. Make recommendations and report to the Council.
C. Represent the Department of Emergency Management on behalf of the Council in
dealings with the public and other outside public or private entities pertaining to
emergency management and response to an emergency or disaster.
d. Organize, appoint, and train volunteers and salaried employees needed to assist in the
implementation of emergency management services or programs.
e. Coordinate the local emergency management program(s) with State, Federal and other
local programs.
f. Develop an "all -hazard" Comprehensive Emergency Management Plan for the county,
including polices and procedures to be utilized during an emergency or disaster.
g. Develop an "all -hazard" Comprehensive Emergency Management Plan for each city,
including policies and procedures to be utilized during an emergency or disaster.
h. Conduct studies and surveys of hazards and the resources available to deal with an
emergency or disaster.
1. Develop mutual aid agreements for reciprocal emergency management aid and assistance.
j. When an emergency or disaster demands immediate action to preserve public health,
protect life, protect public property, or to provide relief to any stricken community
overtaken by such occurrences, the Director may proclaim an emergency or disaster
anywhere within unincorporated Kitsap County, make and issue rules and regulations on
matters reasonably related to the protection of life and property as affected by such
disaster; provided, however, such proclamation, and/or rules and regulations must be
confirmed at the earliest practicable time by the County Board of Commissioners.
k. In the event of a proclaimed emergency or disaster, obtain vital supplies, equipment, and
such other properties found lacking and needed for the protection of the life and property
of the people, and bind the county for the fair value thereof, and if required immediately,
to commandeer the same for public use.
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1. In the event of a proclaimed emergency or disaster, require emergency services of any
county officer or employee, and in the event of a proclamation by the Governor of the
existence of a disaster, to command the aid of as many citizens for the community as
he/she considers necessary in the execution of his/her duties; such person shall be entitled
to all privileges, benefits and immunities as are provided by State law for registered
emergency workers.
in. In the event of a proclaimed emergency or disaster, execute all of the special powers
conferred upon him/her by this adopted agreement pursuant thereto, all powers conferred
by statute, or agreement approved by the Board of County Commissioners, or by any
other lawful authority.
n. In the event of a proclaimed emergency or disaster, requisition necessary personnel or
material of any County department or agency.
Section 10. Budget.
Prior to July 31s' of each calendar year, the Director, or designee, shall submit a proposed budget
to the Council for its consideration and approval. The approved budget shall then be submitted to
the Board of County Commissioners for inclusion into the County's budget.
Section 11. Fundiniz.
The budget for the Department of Emergency Management that is not funded after receipt of
grants or gifts shall be funded by assessments from the County and Cities. The assessment
amount for each city shall be based upon a per capita charge. In calculating the per capita charge,
the population of each city (numerator) is divided by the total population of the County
(denominator) and that percentage is then multiplied by the total amount required for the
following year's budget that does not include grant funding. The assessment amount for the
County shall be that amount which is obtained when the population of the unincorporated portion
of the County is divided by the total population of the County and that percentage is then
multiplied by the budget amount that does not include grant funding. Population figures utilized
shall be the latest figures available from the Bureau of Census as updated periodically by the
Washington State Office of Financial Management (OFM). Assessments shall be paid on an
annual basis.
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Section 12. Fund Established.
Moneys received and collected on behalf of the Department of Emergency Management shall be
deposited in a fund known as the Kitsap County Department of Emergency Management Fund
and maintained by the County Treasurer. Department of Emergency Management expenditures
shall be paid from this fund.
Section 13. Emergency Proclamation.
Proclamation. If circumstances warrant, the Board of County Commissioners may proclaim the
existence of a local emergency occurring anywhere within unincorporated Kitsap County.
Provided, if circumstances are exigent, the Director, or designee, may proclaim the existence of a
local emergency anywhere within unincorporated Kitsap County if there is not sufficient time for
the Board of County Commissioners to meet in person or by telephone; provided further, if a
proclamation of a local emergency is proclaimed by the Director, or designee, the Board of
County Commissioners shall meet as soon as possible thereafter to affirm or rescind the
Proclamation. If the circumstances warrant, a Mayor, or designee, may proclaim the existence of
a local emergency occurring anywhere within that City's jurisdictional boundaries.
a. Abatement. When a proclaimed emergency or disaster has sufficiently abated, the Board
of County Commissioners and/or the Mayor, or designees, depending upon which
jurisdiction proclaimed the existence of a local emergency, shall proclaim an end to the
emergency or disaster.
b. Use of Government Resources. If an emergency or disaster has been proclaimed, the
Department of Emergency Management may utilize the services, equipment, supplies,
and facilities of the State and all other governmental entities organized pursuant to State
law.
Impressment of Citizens. If an emergency or disaster has been proclaimed by the
Governor, the Department of Emergency Management may commandeer the service and
equipment of citizens as provided under chapter 38.52 RCW.
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d. Rules and Regulations. If an emergency or disaster has been proclaimed, the Council, or
designee, may make such rules and regulations necessary for the protection of life and
property.
Section 14. Compensation for Emergency Workers.
Emergency workers or their dependents shall be compensated for injuries or death pursuant to
Chapter 38.52 RCW and implementing regulations thereto.
Section 15. Liability.
Liability for emergency management operations shall be limited as provided by Chapter 38.52
Section 16. Compensation Board.
The Compensation Board for the Department of Emergency Management shall be composed of
those individuals that would constitute a compensation board for a county pursuant to RCW
38.52.210 (1).
Section 17. Duties of County.
The County shall:
a. Establish the salaries of the Director and other salaried staff of the Department of
Emergency Management.
b. Treat the Director and salaried staff of the Department of Emergency Management as
County employees with respect to such matters as auditing, accounting, fringe benefits,
and personnel policies.
C. Represent and act on the Council's behalf in entering into contracts and Interlocal
Agreements and accepting grant funds.
Section 18. Agreement to be Liberally Construed.
This Agreement shall be liberally construed to secure the public health, safety and welfare and
the rule of strict construction shall have no application.
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Section 19. Hold Harmless.
To the extent not covered under Chapter 38.52 RCW, each party shall defend, indemnify and
save all other parties harmless from any and all claims arising out of that party's negligent
performance of this agreement.
Section 20. Representation
The Kitsap County Prosecuting Attorney's Office shall provide legal advice and act as counsel
for Emergency Management. In the event that a conflict exists between Emergency Management
and another client represented by the Prosecutor's Office, then the Bremerton City Attorney's
Office shall provide such representation to the Department of Emergency Management; and
provided further, that in the event that a conflict exists between Emergency Management and
both a client represented by the Prosecutor's Office and a client represented by the Bremerton
City Attorney's Office, Emergency Management may retain outside legal counsel regarding that
matter only.
Section 21. Term
This agreement shall be of perpetual duration unless terminated as provided in Section 22.
Section 22. Withdrawal.
Any of the five (5) participants in this Interlocal Agreement for Emergency Management
Services may withdraw by giving written notice of such to each of the other participants no later
than one hundred and twenty (120) days prior to the end of a calendar year; provided, no
participant may withdraw unless it is current in its monetary assessment. In the event such notice
is given, the withdrawal shall be effective December 31 st of the year such notice was given.
Upon receipt of a notice of withdrawal, the remaining participants shall meet as soon as possible
thereafter, to determine whether there needs to be adjustments or amendments to the Interlocal
Agreement for Emergency Management Services necessitated by such withdrawal.
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Section 23. Effective date.
This agreement shall become effective and the Kitsap County Emergency Management Council
and the Department. of Emergency Management shall commence existence when:
a. The County and Cities each enact a resolution or ordinance authorizing this agreement, or
an agreement similar in substance to this agreement; and
b. This agreement, or an agreement similar in substance to this agreement, is approved by
the Director of the Washington State Emergency Management Division; and
C. A fully executed copy of, this agreement is filed with the Kitsap County Auditor.
Section 24. Venue.
The venue for any action related to this agreement shall be in the Superior Court in and for Kitsap
County, Washington.
Section 25. Severability.
If any portion of this agreement or its application to any person/entity or circumstance is held
invalid, the remainder or application to other persons/entities or circumstance shall not be
affected.
Section 26. Existing Rights and Obligations.
Upon the effective date, the Interlocal Agreement for Emergency Management Services, entered
into by the County and Cities in 1986, is hereby terminated and no longer in effect. The rights
and obligations that the Emergency Management Organization formed under the 1986 Interlocal
Agreement are hereby assumed by the Emergency Management Council formed under this
Agreement. This Agreement supersedes and replaces the Interlocal Agreement for Emergency
Management Services dated May 2005.
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CITY OF BAINBRIDGE ISLAND
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By: DoSchulze, City M nager
CITY OF BREMERTON
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CITY OF PORT ORCHARD
By: Tim Matthes, Mayor
CITY OF POULSBO
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By: B Erickson, Mayor
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DATED this 1 3 day of � � r 2013
KITSAP COUNTY BOARD OF COMMISSIONERS
)) ITSA ,BOUNTY, WASHI ON
Josh Brown, Chair Charlotte Garrido,,-ommissioner Roberl Geld , Commissioner
ATTEST:
*anaaniels,
Clerk to the Board
Approved as to form:
Deputy P ecuting Atto
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KC 496-12A
FIRST AMENDMENT
INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT SERVICES
This First Amendment ("Amendment") to the Interlocal Agreement for Emergency Management
Services ("ILA") is entered by and among Kitsap County ("County") and the Cities of Bremerton,
Port Orchard, Poulsbo, and Bainbridge Island.
WHEREAS, the parties previously executed an Interlocal Agreement for Emergency Management
Services, KC 496-12.
WHEREAS, the City of Bainbridge Island has since established and is operating an independent local
organization for emergency management in accordance with the state comprehensive emergency
management plan and program pursuant to RCW 35.52.070, rather than continuing as a participating
party of the joint local organization for emergency management (Kitsap County Department of
Emergency Management).
WHEREAS, the City of Bainbridge Island is requesting that the Kitsap County Department of
Emergency Management and Kitsap County Department of Emergency Management Council
("Council") continue to function in a support capacity for the Bainbridge Island Emergency
Management Program and accordingly is to remain a member of the Council as identified in this
Amendment.
WHEREAS, the parties desire to amend the ILA to reflect the change in roles, responsibilities, and
funding.
NOW, THEREFORE, in consideration of the mutual promises of the parties, the parties agree as
follows:
1. Section 3 (Powers and Duties of the Department of Emergency Management) of the ILA is
amended and replaced with the following:
Section 3. Powers and Duties of the Department of Emer enc Management.
The Department of Emergency Management shall provide emergency management
services and programs to the residents of, and on behalf of, the County and the City of
Bremerton, the City of Poulsbo, and the City of Port Orchard. In addition, the Department
of Emergency Management, pursuant to RCW 38.52.070, is designated as the local
emergency management organization for the County and the City of Bremerton, the City
of Poulsbo, and the City of Port Orchard and is vested with emergency management
powers and authority to the maximum extent permitted by RCW 3 8.52. The Department of
Emergency Management will function as programmatic support for the City of Bainbridge
Island's Emergency Management Program.
2. Section 6 (Composition of Council) paragraph (a) of the ILA is amended and replaced with
the following:
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Section 6. Composition of Council
a. The Council shall be composed of the following five persons or their designee:
1.One (1) county commissioner;
2. The mayors of Bremerton, Port Orchard, Poulsbo, and Bainbridge Island.
3. Section 9 (Powers and Duties of Director) of the ILA is amended to exclude the City of
Bainbridge Island from receipt of the services identified in paragraphs (c), (d), (f), and (g).
4. Section 9 (Powers and Duties of Director) paragraph (e) of the ILA is amended and replaced
with the following:
Coordinate the local emergency management program(s) with state, federal, and other local
programs, if applicable.
5. Section 11 (Funding) of the ILA is amended and replaced with the following:
Fundin .
The budget for the Kitsap County Department of Emergency Management that is not
funded after receipt of contributions (i.e., from the City of Bainbridge Island), grants, or
gifts shall be funded by assessments made in accordance with this section. The assessment
amount for each city participating in the joint local organization for emergency management
(i.e., the City of Bremerton, the City of Port Orchard, and the City of Poulsbo) shall be based
upon a per capita charge. In calculating the per capita charge, the population of each city
participating in the joint local organization for emergency management (numerator) is
divided by the total population of the County (denominator) and that percentage is then
multiplied by the total amount required for the following year's budget that does not
include grant funding. The assessment amount for the County shall be that amount which
is obtained when the population of the unincorporated portion of the County is divided by
the total population of the County and that percentage is then multiplied by the budget
amount that does not include grant funding. Population figures utilized shall be the latest
figures available from the Bureau of Census as updated periodically by the Washington
State Office of Financial Management (OFM). Assessments shall be paid on an annual
basis and will include an additional annually agreed amount to be deposited in the
department of emergency management contingency fund which will be paid pro rata by
the County, the City of Bremerton, the City of Port Orchard, and the City of Poulsbo
consistent with the calculations in this paragraph. The population of the City of Bainbridge
Island will not be included in the calculations in this paragraph.
The City of Bainbridge Island will provide a contribution of $10,000 to the Kitsap County
Department of Emergency Management for 2019, and $22,000 annually thereafter to be
distributed as deemed appropriate by the Department of Emergency Management.
6. Section 12 (Fund Established) of the ILA is amended and replaced with the following
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Funds Established. Moneys received and collected on behalf of the Department of
Emergency Management shall be deposited in the Kitsap County Department of
Emergency Management Fund and a Kitsap County Department of Emergency
Management Contingency Fund as provided in Section 11. Both funds will be maintained
by the County Treasurer.
The Kitsap County Emergency Management Fund is intended to supplement the
Department of Emergency Management costs in the event of the issuance of a Kitsap
County Emergency Management declaration or proclamation.
Section 21 (Term) of the ILA is amended and replaced with the following:
Term. This ILA will remain in effect for twelve (12) months from the effective date of this
Amendment and may be extended or returned for consecutive annual terms.
Section 22 (Withdrawal) of the ILA is amended and replaced with the following:
Withdrawal. Any party to this Interlocal Agreement for Emergency Management Services
may withdraw by giving written notice of such to each of the other participants no later than
one hundred and twenty (120) days prior to the end of a calendar year; provided, no
participant may withdraw unless it is current in its monetary assessment. In the event such
notice is given, the withdrawal shall be effective December 31 st ofthe year such notice was
given. Upon receipt of a notice of withdrawal, the remaining participants shall meet as soon
as possible thereafter to determine whether there needs to be adjustments or amendments
to the Interlocal Agreement for Emergency Management Services and/or County
ordinances necessitated by such withdrawal.
9. Effective Date. This Amendment shall be effective as provided in Section 23 of the ILA.
10. Terms Unchan ed. Except as expressly provided in this Amendment, all other terms and
conditions of the ILA, and any subsequent amendments, addenda or modifications thereto,
remain unchanged in full force and effect as to all parties.
11. Counterparts. This Amendment may be executed in any number of counterparts, all such
counterparts shall be deemed to constitute one and the same instrument, with each counterpart
deemed an original. In the event that fewer than all named parties execute this Amendment,
the Amendment, when filed as provided herein, shall be effective as between the Parties that
have executed the Amendment to the same extent as if no other parties had been named.
12. SeverabilitY. The provisions of this Amendment are severable. Any term or condition of this
Amendment or application thereof deemed to be illegal, invalid or unenforceable, in whole or
in part, shall not affect any other term or condition of the Amendment and the Parties' rights
and obligations will be construed and enforced as if the Amendment did not contain the
particular provision.
Page 3 of 8
Page 187 of 274
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APPROVED AND EXECUTED this 11 day ofotlt wt60t, 2419
m' :M
ATTEST:
DANA DANIELS, Clerk of the Board
BOARD OF COUNTY COMMISSIONERS
KITSAP COUNTY, WASHINGTON
ioe�g U�#
EDNIVARD E. WOLFE, 4judr
CHARLOTTE GARRIDO, Commissioner
Page 4 of 8
Page 188 of 274
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APPROVED AND EXECUTED this 26 day of November , 2019
CITY OF PORT ORCHARD
APPROVED: ,,j k 14 1111111r,j,j,;:
S
ROBERT PUTAANSUU, Mayor - t'•, a ' �'=
APPROVED AS TO FORM: ATTEST:
n 6ates , City Attorney Brandy inearson , City Clerk
Page 5 of 8
Page 189 of 274
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APPROVED AND EXECUTED this 'ZOday of. AJOVCvAt' #, 2019
CITY OF POULBSO
APPROVED:
BECKY E KSON, Mayor
APPROVED AS TO FORM:
,4,
j a,wrs , City A y
ATTEST:
R o►. , City Clerk
Page 6 of 8
Page 190 of 274
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APPROVED AND EXECUTED this to day of �„rn , 2019
CITY OF BAINBRIDGE ISLAND
APPROVED:
1---y4 9XA�
MORG SMITH, City Manager
APPROVED AS TO FORM:
Joe L an, i y Attorney
ATTEST:
Christine Brown, City Clerk
Page 7 of 7
Page 191 of 274
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APPROVED AND EXECUTED this !'S+" day of F—t k d m . 2020,
CITY OF BREMERTON
APPROVED:
g4.t�"_�Z — _
GREqVHEELER, Mayor
APPROVED AS TO FORM:
ROGER L BOVICH, City Attorney
ATTEST:
ANGELA HOOVER, City Clerk
Page 192 of 274
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�_. City of Port Orchard
216 Prospect Street, Port Orchard, WA 98366
f � n � ` INYI_ e � _ a � _,
e (360) 876-4407 • FAX (360) 895-9029
Agenda Staff Report
Agenda Item No.: Business Item 8K Meeting Date: June 14, 2022
Subject: Approval of Amendment No. 4 to Prepared by: Mark Dorsey, P.E.
Contract No. 075-20 with Rice Fergus Public Works Director
Miller, Inc. for the 2020-2021 City Hall Atty Routing No.: 366922.0009 — PW
Improvement Project -Additional Scope Atty Review Date: June 9, 2022
Summary: On October 13, 2020, the Port Orchard City Council approved Contract C075-20 with Rice
Fergus Miller, Inc. (RFM) for the 2020-2021 Schematic Design (30%) portion of the City Hall Improvement
Project (the "Project"), following RFM's selection for the full Project through a qualifications -based -
selection process, consistent with the City's Procurement Policies. On March 9, 2021, the City executed
Amendment #1 to the contract, authorizing the Project's 100% Ad Ready PS&E and Bid Support Phase.
On September 28, 2021, the City authorized Amendment No. 2 to the contract, adding a PV Array and
POPD/City Hall/Courts Counter Renovations as a component of the Project, consistent with the initial
procurement process. On December 27, 2021, the Public Works Director authorized a time -only
extension of the contract to December 31, 2022. At the City's request, RFM has now
prepared/submitted additional Scope and Budget for additional PV Array and geotechnical support as a
component of the Project, consistent with the initial procurement process for this Project. This work is
associated with a Department of Commerce Solar Grant awarded to the City in the amount of $9,900.00,
and associated necessary geotechnical work at $13,750.00.
Recommendation: Staff recommends authorizing the Mayor to execute Amendment No. 4 to Contract
No. C075-20 with Rice Fergus Miller, Inc. for the 2020-2021 City Hall Improvement Project, additional
scope in an amount of $23,650.
Relationship to Comprehensive Plan: Chapter 9 — Capital Facilities
Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 4 to Contract No.
C075-20 with Rice Fergus Miller, Inc. for the 2020-2021 City Hall Improvement Project in an amount of
$23,650.
Fiscal Impact: Funding provided within the current 2021-2022 Biennial Budget. Partially grant funded,
as described above.
Alternatives: Do not approve.
Attachments: Amendment No. 4, RFM Proposal (dated 5/26/2022), and COPO Amendment
Authorization No. 4.
Page 193 of 274
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Amendment No. 4 to Contract No. C075-20
CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH
RICE FERGUS MILLER, INC.
THIS AMENDMENT to Contract No. C075-20 ("Amendment") is made effective as of the 14th day
of June, 2022, by and between the City of Port Orchard ("City), a municipal corporation, organized under
the laws of the State of Washington, and Rice Fergus Miller, Inc., a company organized under the laws of
the State of Washington, located and doing business at 275 Fifth Street, Bremerton, WA 98337
("Consultant").
WHEREAS, the City issued a Request for Qualifications Advertisement called for the 2020-2021
Ad Ready (100% PS&E) City Hall Improvement Project (the "Project"), including Schematic (30%), Design
Development (60%), and associated work, and selected the Consultant as the most qualified firm for this
Project; and
WHEREAS, on October 13, 2020, the City executed a Professional Services Agreement with the
Consultant, for the 2020-2021 Schematic Design (30%) phase of the City Hall Improvement Project
("Underlying Agreement"); and
WHEREAS, on March 9, 2021, the City authorized Amendment No. I to the Underlying Agreement
for the 100% Ad Ready PS&E and Bid Support Phase; and
WHEREAS, on September 28, 2021, the City authorized Amendment No. 2 to the Underlying
Agreement for the additional of a PV Array and POPD/City Hall/Courts Counter Renovations; and
WHEREAS, on December 27, 2021, the Public Works Director authorized a time -only extension of
the Underlying Agreement to December 31, 2022; and
WHEREAS, the parties now desire to expand the scope to include additional design work associated
with the PV Array, being a Commerce Solar Grant application and associated Geotechnical work; and
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between
the parties thereto as follows:
1. The Underlying Agreement of October 13, 2020, between the parties is amended in, but only
in, the following respect:
Section I.A. and Exhibit A are amended to include the work identified in the May 26, 2022 letter
from Consultant to the City describing the additional PV Array grant and geotechnical support
requested by the City, a copy of which is attached hereto as Attachment 1 and incorporated herein
by this reference.
Section 4. Compensation. LUMP SUM. Compensation for these additional services shall be for the
Lump Sum of $23,650.00, for a total contract price for all work, including work previous performed
and compensated prior to the date of this amendment, of $563,916.00.
Page 194 of 274
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2. In all other respects, the Underlying Agreement between the parties shall remain in full force
and effect, amended as set forth herein, but only as set forth herein.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set
forth above.
CITY OF PORT ORCHARD, RICE FERGUS MILLER, INC.
WASHINGTON
Robert Putaansuu, Mayor Signature
ATTEST/AUTHENTICATED:
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM:
Charlotte Archer, City Attorney
Printed Name and Title
Page 195 of 274
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CITY OF PORT ORCHARD
Authorization for Amendment No. 4
Date: June 14, 2022 Contractor: RICE FERGUS MILLER, INC.
2020-2021 CITY HALL
Project: IMPROVEMENTS 275 FIFTH STREET, SUITE 100
Contract / Job #
C075-20
BREMERTON, WA 98337
THIS CHANGE ORDER PROVIDS FOR AN ADDITIONAL $23,650.00 IN DEPARTMENT OF COMMERCE
SOLAR GRANT SUPPORT BY ECOTOPE ($9,900) AND GEOTECH SERVICES BY NIL OLSON & ASSOCIATES
($13,750.)
Contract History
Amount Sales Tax Total Date Appvd by
Original Contract
$106,500.00
$106,500.00
13-Oct-20
COUNCIL
Amendment #1
$394,676.00
$394,676.00
09-Mar-21
COUNCIL
Amendment #2
$39,090.00
$39,090.00
28-Sep-21
COUNCIL
Amendment #3
$0.00
$0.00
27-Dec-21
PW Director
Amendment #4
$23,650.00
$23,650.00
14-Jun-22
Council
Total Contract $563,916.00
I have reviewed the Change Order information above and certify that to the best of my knowledge descriptions and
costs are true and accurate.
Consultant Approval Signature
Printed Name & Title
Public Works Director/City Engineer
MARK R. DORSEY, P.E.
Printed Name
Change Orders that do not exceed 10%, with a maximum of
$50,000, of either legally authorized budget limit or contract Approved:
amount established by City Council can be approved by the Public
Works Director.
Change Orders that do not exceed 10%, with a maximum of Attest:
$100,000, of either legally authorized budget limit or contract
amount established by City Council are to be approved by the
Mayor.
Change Orders over $100,000 or exceed a total of 10% require
Council Action.
Mayor
City Clerk
Council Approval Date
U:\Staff Reports GS50-05A-13\2022\20220614\8K 03 RFM Amendment #4 Authorization.doc
Page 1
Page 196 of 274
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RIC ergusMILLER
ARCHITECTURE INTERIORS PLANNING VIZLAB
275 Fifth Street, Suite 100
Bremerton, WA 98337
Phone: (360) 377-8773
rfmarch.com
Supplemental Services Agreement
Project: Port Orchard City Hall Improvements Owner:
Date of Original Agreement October 13, 2020 SSA No.: Amendment 04 — May 26, 2022
Project No:
2020013.00
In accordance with the Agreement referenced above, authorization is hereby given to:
® proceed with Additional Services
❑ proceed with revised scope of Basic Services
❑ incur Reimbursable Expenses
As follows:
Department of Commerce Grant Support services provided by Ecotope per attached Exhibit A.
Geotechncial Services as noted on attached Exhibit B.
Compensation shall be adjusted as follows: Fixed Fees
Time and Expense:
Grant Support — Ecotope
Geotechical Services — NIL Olson
$9,000 x 1.10 markup = $9,900.00
$12,500 x 1.10 markup = $13,750.00
Time for performance shall be adjusted as follows:
Not applicable.
Upon execution, this Supplemental Services Agreement shall become a part of the original
Agreement referenced above, and supplemental services described above shall commence.
Submitted by:
By. rh
Print'ed Name: Dea Kelly
Title: Principal
Date: May 26, 2022
Authorized by Owner:
By:
Printed Name:
Title:
Date:
Page 197 of 274
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tXrilbi I A
PROPOSAL
May 12, 2022
Jason Ritter
Associate Principal
Rice Fergus Miller
275 Fifth Street, Suite 100
Bremerton, WA 98337
RE: Port Orchard City Hall — Department of Commerce Grant Support Proposal
Port Orchard, Washington
ECOT❑PE
Ecotope appreciates the opportunity to propose support for the Department of Commerce Solar and Energy
Efficiency grants for the Port Orchard City Hall project in Port Orchard, Washington. This proposal is based on
our understanding of the scope as conveyed via email in July 2021.
SCOPE OF SERVICES
The scope of this work includes gathering, coordinating, and uploading all grant application requirements for
either the Solar Grant Program or the Energy Efficiency Grant with the Washington State Department of
Commerce.
1. Ecotope will perform these tasks:
a. Draft required narratives and work with Port Orchard to finalize them.
b. Format, data enter and upload all materials to ZoomGrants for Port Orchard to submit,
coordinate the submission.
c. (Solar Evaluation Provider with Ecotope) Draft Site plan showing the proposed layout of
modules and other key locations
d. Calculate a simple payback (must have a simple payback of less than 50 years, using a statewide
average electricity rate of $0.0827).
e. Calculate the cost per watt (i.e., the total project cost excluding contingency divided by AC
system capacity)
f. Document project budget and costs in ZoomGrants line item forms.
g. Initiate state DAHP review, tribal consultation, in accordance with any existing Port Orchard
policies if warranted. Follow to assure full execution upon grant approval.
h. Perform Measurement and Verification — The project must report on the first year of energy
production and savings, by submitting documentation from a monitoring system and utility bills.
Page 198 of 274
Ecotope, Inc 1 1917 1st Avenue Suite 300, Seattle, Washington 9810 1 tel +1 206 322 3573 1 www.ecotope.com
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L A I-111J I I A
2. Ecotope will require the following information to submit the grant application. Responsible parties are
noted below.
a. (Electrical Engineer/Architect) Any existing proposals, quotes, drawing schematics or other
documentation to support the solar project.
b. (Solar Evaluation Provider) Documentation of Energy Production Estimate, either:
i. Onsite shading report (e.g., Solmetric SunEye, Solar Pathfinder) AND locational data
report and loss assumptions (e.g., PVWatts)
ii. OR modeling report (e.g., Helioscope, Aurora Solar) including shading analysis, loss
assumptions, and locational data equivalent to above.
c. (Solar Evaluation Provider) Qualifications of the person(s) completing energy production
estimates
d. (Solar Evaluation Provider/Electrical Engineer/Architect) Site photos per Ecotope's direction
(compiled into a single PDF document)
e. (Solar Evaluation Provider) Equipment list (proposed) including modules, inverters, and racking
with key data (including place of manufacture if using made -in -Washington components for
higher grant scoring). Must include kW ratings of modules (DC) and inverters (AC) to verify
system size.
f. (City of Port Orchard) Project scope guidance for work to be completed under this grant
g. (City of Port Orchard) Scanned Utility bills showing most recent year of energy consumption data
or, if building does not have a full year of energy consumption data, include all available history
and modeling of projected annual energy use.
h. (City of Port Orchard) Certifications and Assurances (Exhibit A)
i. (City of Port Orchard) Diverse Business Inclusion Plan (Exhibit B)
j. (City of Port Orchard) Contractor Certification for Executive Order 18-03 — Worker's Rights
(Exhibit C)
k. (City of Port Orchard) provide budget draft documenting funding sources. A leverage ratio of 1:1
minimum is required, a leverage ratio of 3:1 (75% self -funding) will provide the top grant score.
Page 199 of 2Mpe, Inc / RFM Port Orchard City Hall Proposal / Page 2 of 5
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tzA-ilblI A
PROPOSED FEE
We propose to provide these services for the following estimated fee:
Time & Expense, Not To Exceed without client approval $9,000
All scope listed above will be billed on a Time & Expense basis at the following rates below. Billing rates for
hourly work may be adjusted annually.
Principal in Charge
$300 / hour
Senior Mechanical Engineer
$230 / hour
Research Analyst
$170 / hour
• Mechanical Designer
$130 / hour
ACCEPTANCE
If this proposal correctly states the scope of services you wish Ecotope to provide and the following Proposal
Terms and Conditions are satisfactory, please sign below and return a copy to us.
Jason Ritter Shanti Oram, PE
Associate Principal Director, Engineering and Design
Date Date
Page 200 of27Wpe, Inc / RFM Port Orchard City Hall Proposal / Page 3 of 5
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PROPOSAL TERMS AND CONDITIONS
These Terms and Conditions further define the basis of this Proposal and govern its complete content:
Background Changes: Background drawing revisions greater than the quantity listed in the Scope of Services
may incur additional fees to be billed as Time & Expense if significant effort is required for their incorporation.
Revised drawings will be delivered one (1) week after receipt of new electronic background drawing files.
Major Design Changes: Major design changes after 25% CD may incur additional services fees if major changes
require recalculation of loads, reselection of equipment, or relocation of equipment.
Project Schedule: Our proposal is based upon the project schedule identified by the Client at time of proposal.
We agree to perform our work within this project schedule. Design changes to work previously performed or
schedule extensions of more than 1-year or compressions may require additional compensation and expenses
beyond those listed in this proposal.
Reproduction: Our proposal assumes that the Client or Architect will be responsible for printing/reproduction
costs, including one hard copy of complete plan set per phase of work.
Construction Cost Estimates: Cost estimates are an opinion of probable construction costs. It is recognized that
neither the Owner, the Client, nor we have control over the costs of labor, equipment or materials, or over the
Contractor's methods of determining prices. Any opinion of probable construction cost is based upon our
reasonable professional judgment and experience and does not constitute a warranty, express or implied, that
Contractor's bids or negotiated prices will not vary from Project's budget or construction costs estimates.
Value Analysis: We will provide ongoing value analysis (value engineering) throughout the design process, but
value analysis after the issue of documents will be accepted on an Additional Services basis.
Additional Services: Project design scope, process and/or deliverables that are not identified by this Proposal as
Basic Services are Additional Services. We will identify any work requested of us which is deemed to be outside
or beyond our Basic Services to our Client and will not proceed with any additional work until written
authorization to proceed has been given or acknowledged by our Client. If Client has authorized such additional
work in either verbal or written form, Client shall be responsible for payment for those additional services
regardless of payments' status from Owner or others.
Billings/Payments: We shall invoice our Client on a monthly basis. Invoices shall be due upon receipt or upon
our Client's receipt of payments for our services from Owner or others depending upon Project's design team
structure and shall be paid in full by Client without any set -offs, withholdings, discounts or penalties for any
reason by Client or Owner. Accounts unpaid 30 calendar days after date of invoice date may be subject to a
monthly service charge of 1.5% per month on the then unpaid balance. If an invoice is not paid within 60
calendar days, we may, without waiving any claim or right against our Client, and without liability whatsoever to
our Client, terminate our performance of our services. In the event any portion or all of an account remains
unpaid 90 calendar days after billing, the Client shall pay all costs of collection, including reasonable attorneys'
fees and our time and expenses to obtain payment.
Insurance: Any insurance requests associated with these services shall be directed to accounting@ecotope.com.
Reimbursable Expenses. No reimbursable or markup expenses are anticipated on this project.
Page 201 ofpe, Inc / RFM Port Orchard City Hall Proposal / Page 4 of 5
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tAl-ilbl I A
Instruments of Service. All Instruments of service prepared under this Agreement shall become the property of
the Client and Consultant upon payment in full of all undisputed payments due to the Consultant.
Termination/Suspension of Services. This Agreement may be terminated by either party at any time, with or
without cause, with written notice submitted ten (10) working days prior to the termination date.
Limitation of Liability. The Client agrees, to the maximum extent permitted by law, to limit the liability of
Consultant for the Client's damages to Consultant's professional liability insurance coverages.
Waiver of Consequential Damages. Consultant and Client waive consequential damages for claim, disputes or
other matters in question arising out of or related to this Agreement.
Assignment. Consultant shall not transfer or assign any rights under or interest in this Agreement (including but
not limited to monies that are due or monies that may be due) without the prior written consent of Client.
Subcontracting to consultants normally contemplated by the Consultant shall not be considered an assignment
for purposes of this Agreement, for as long as Consultant shall remain responsible under this Agreement. Client
may assign this Agreement and instruments of service under this Agreement to any third party.
Governing Law and Jurisdiction. The Client and the Consultant agree that this Agreement and any legal actions
concerning its validity, interpretation and performance shall be governed by the laws of the State of
Washington. It is further agreed that any legal action between the Client and the Consultant arising out of this
Agreement or the performance of the services shall be brought in a court of competent jurisdiction.
Page 202 of27Wpe, Inc / RFM Port Orchard City Hall Proposal / Page 5 of 5
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N.L. OLSON & ASSOCIATES, INC.
L� J ENGINEERING, PLANNING AND SURVEYING
May 24, 2022
Attention JASON RITTER-LOPATOWSKI,
Rice Fergus Miller, Inc.
275 5th Street, Suite 100
Bremerton, WA 98337
RE: Proposal — Scope of Work & Budget
Geotechnical Engineering Services
City of Port Orchard
Shallow Or Deep Foundation Design
216 Prospect Street
Port Orchard, WA 98366
Parcel Numbers: 4650-008-001-0106
Mr. Lopatowski:
N.L. Olson & Associates, Inc (NLO) is pleased to provide you with this proposal for professional
geotechnical engineering services for the proposed foundation design. As further discussed in
the following, NLO provided a brief discussion of the field exploration program in Task 1,
Laboratory testing in Task 2, Outside services Task 3, and the geotechnical engineering report in
Task 4.
TASK 1: FIELD EXPLORATION
The subsurface field investigation will utilize one (1) boring. For NLO's scope of work, we have
assumed the following for our fee estimate.
• We anticipate the drilling operations will require about 1/2 day.
• For the subsurface exploration program, NLO plans to verify subsurface soils and water
conditions.
• The Samples collected from the boring will be brought back to our office for further
examination with selected samples utilized for laboratory testing.
TASK 2: OUTSIDE SERVICES:
NLO will subcontract a drill rig with operators. As part of the subsurface exploration, a total of one
(1) boring are planed that will range in depth to about 75 feet or refusal.
TASK 3: LABORATORY TESTING:
Laboratory analysis will be performed on select soil samples from the subsurface exploration
program for moisture content, and gradations.
GEOTECHNICAL ENGINEERING SERVICES
Page 203 of 274
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Request for Proposal - Geotechnical Services
Foundation Design
May 24, 2022
Page 2
TASK 4: GEOTECHNICAL REPORT PREPARATION
A geotechnical report will be prepared given the results of the investigation. The report will
present investigation findings and will provide conclusions and recommendations for design and
construction. The geotechnical report will include the following:
• A summary of the subsurface investigation, engineering analyses and report preparation,
and will provide conclusions and geotechnical recommendations.
• Deep foundation Recommendations if required.
• Seismic design parameters, site preparation, wall design recommendations, foundation
design, structural fill, drainage, slab -on -grade floors, and utilities.
• Review available information for soil and groundwater conditions in the area of the project
site.
DELIVERABLES:
A PDF copy of the geotechnical engineering report will be provided to the client. It is the client's
responsibility to provide the geotechnical engineering report to the county not NLO.
Proposed Budget for PS&E Services:
The following is the breakdown of the Tasks with the associated estimated fees:
Task 1 — Field work and Subsurface Exploration Program: $ 1,500.00
Task 2 — Outside Services $ 5,000.00
Task 3 — Laboratory Testing $ 1,000.00
Task 4 — Geotechnical Report Preparation $ 5,000.00
Total Fee for PS&E: $ 12,500.00
If you should have any questions or comments regarding this proposed scope of work and budget,
please do not hesitate to contact me at (360) 876-2284. We look forward to working with the
County on this project. Thank you.
Sincerely,
Wesley . Johnson, P.E.
Geotechnical Division Manager
N.L. Olson & Associates, Inc.
N.L. Olson&Associates, INC. • 2453 Bethel Avenue, • Port Orchard, Washington 98366
Phone (360) 87 21o4 61327W60) 876 1487
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Transportation Benefit District Recommendation
Scenario 1— Funding Bethel Phase I
Councilmanic 1/10t" for 10 years - 3 Years Revenue $2.5 — 2.75 million
Traffic Impact Fees—$2,034,000
Blueberry Impact Funds—$234K
Total Revenue—$4.7-5 million
Proiects
Bethel Phase I - 100% AD Ready Design $2 million
Bethel Phase I - Right of way $3 million
Total Expenditures $5 million
After design is complete evaluate a 2/10' ballot measure and a suite of project
options with a shovel ready Bethel Phase I project. Potential funding $27 million.
See scenario 2.
Or
Stay with scenario 1 with 7 years remaining on 1/101" sales tax
Total revenue $8 — 11 million
Less design funds from 1/101" tax $2.5 — $2.75 million
Remaining 1/10t" funds $5.5 - $8.25 million
Construction Est. for Bethel Phase I — $12 million or $10 W/O Ramsey Bypass
Bethel Phase 4 Design (Bethel & Lund) Funded with Traffic Impact Fees $2 million
Year 11 reauthorize Councilmanic 1/101" for 10 years to fund Phase 4 Construction
Page 205 of 274
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CITY OF PORT ORCHARD
Finance Department
216 Prospect Street, Port Orchard, WA 98366
Voice: (36o) 876-7017 • Fax: (36o) 895-9029
finance 0 cityofportorchard.us
www.cityofportorchard.us
Transportation Benefit Sales Tax Discussion
The following is being provided to analyze the cash flows of a potential TBD Sales Tax.
Scenario 1: $8.3411 million for proiects
• Councilmanic tax imposed in 2023-2032:
o Years 2023-2032:
o Average $830k-$1 million/Year
o Total Revenue Estimate: $8.3- $11 million
• Cash Flow all projects as decided upon (Design & Construction)
Scenario 2: $27 million + ($2.5- $2.75 mil Design Phase + $25 mil Construction)
• Councilmanic tax imposed in 2023:
o Years 2023, 2024, 2025 use funds to complete design work:
■ Total Revenue Estimate: $2.5 - $2.75 million
■ Cash Flow Designs to Ad -Ready and seek voter approval
• Ballot Measure November 2025
o Impose voter approved tax @ 0.2%
o Include expectations to use tax for LTGO Bonds
• New Voter approved tax effective 2026
o Years 2026-2035 Cash Flow: 10 years only
o Average $1.6 million -$2.5 million/Year
o Total Revenue Estimate: $16 million -$25 million
• Construction bonds issued for 20 years supported by full 0.2% tax
o Debt Service paid from 2026-2045
■ $25 million in proceeds 2026
■ Debt Service — $2 million
• Timing of debt issuance could provide for additional cash flow and funding
o Issuing multiple bonds over different years to meet construction cash flow needs
within the approve 10-year period will allow for deferral of debt issuance and
current cashflow to pay expenses. Net effect could be the tax and debt are extended
further than the 2045 with more money available for projects.
Page 206 of 274
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CITY OF PORT ORCHARD
Finance Department
216 Prospect Street, Port Orchard, WA 98366
Voice: (36o) 876-7017 • Fax: (36o) 895-9029
finance 0 cityofportorchard.us
www.cityofportorchard.us
ASSUMPTIONS:
Councilmanic: 0.01 %
• Per Year estimate: Starting 2023
o Taxable Sales Growth 0%: $830k
o Taxable Sales Growth 5%: $872k-$961k (Years 1-3)
• 1-3 years total revenue provided $2.5- $2.75 million
• 10 years total revenue provided $8.3- $11 million
• Maybe renewed after 10 years
• May not be used to pay debt service to extend beyond 10 years
Voter Approval of tax and use for Debt Service: 0.02%
• Per Year estimate:
o Taxable Sales Growth 0%: $1.66 mil (Year 1)
o Taxable Sales Growth 5%: $2.020 mil (Years 4)
• Maybe renewed after 10 years
• Maybe used to pay debt service for the life of the debt (beyond 10 years)
• Debt can be issued any year within the original 10 year authorization and tax will need
to remain in effect until debt is paid off -including multiple debt issuance/ different years
Debt Estimates
• Current Debt Capacity est.— $33 mil
o Factoring reduction of $12 mil (City Hall/CEC)
o Debt Capacity est. — $21 mil
o Debt Capacity forecasted & est. (2026) — $29 mil
• $25 mil proceeds with 20-year debt
o @ 5%: DS—$2.025 million
o @ 4%: DS —$1.86 million
o @ 3%: DS —$1.70 million
Page 207 of 274
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Robert Gelder
DISTRICT 1
Charlotte Garrido
DISTRICT 2
Edward E. Wolfe
DISTRICT 3
Karen Goon
County Administrator
KITSAP COUNTY BOARD OF COMMISSIONERS
Ef f i ci en t , a cce s si b I e and effective county services
May 25, 2022
Mayor Rob Putaansuu
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Sub: Transfer of Veterans Park — 252401-4-002-2008 — 1431 Retsil Road SE Port Orchard
Dear Mayor Putaansuu:
Over the course of the last several months, a group of County departments, volunteers, non-
profit groups, and contractors have been working to remove the homeless encampment located
at the Veterans Park. We are thankful for the teams of people who provided resources,
guidance and most importantly compassion to support those in the park experiencing
homelessness.
To date, the residents have moved and dumpsters and temporary toilets will be removed
shortly. Parks staff will be reopening the public restrooms and monitoring the Park to ensure
that all uses are compatible with its primary recreational mission.
As part of our ongoing efforts to consolidate resources towards Kitsap's regional facilities, we
want to open negotiations for the transfer of the property to the City as it is wholly within city
boundaries, the uses and operations impact neighboring city residents and the City is best
positioned to ensure that the property maintains its recreational purpose in perpetuity.
As the property has Recreational and Conversation Office (RCO) grants associated with it, a
sponsor change amendment to the grant agreement is required including a statement from
both County and the City. This statement must include the County's wishes to transfer the
property and City`s acceptance of the grant responsibilities.
To further this near -term negotiation, attached is a sponsor change authorization along with a
copy of the scanned file of documents related to the original conveyance and RCO grants for
the City's review. County staff will also be conducting conversations with RCO staff to ensure
that appropriate documentation is completed and forwarded to the City. If the City could
provide a contact for future discussions that would be appreciated.
614 Division Street, MS-4 • Port Orchard, Washington 98366-4676 • (360) 337-7080• FAX (360) 337-4632
From: Olalla (253) 851-4147 • Bainbridge Island (206) 842-2061
www.kitsapgov.com
Page 208 of 274
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Mayor Rob Putaansuu
May 25, 2022
Page 2
If you have any questions, please contact Karen Goon, County Administrator, at
kgoon(a-,co.kitsap.wa.us or (360) 337-7080.
Sincerely,
k4
EDWARD E. WOLFE
Chair
Attachment
CHARLOTTE GARRIDO OBERT LDER
Commissioner ommissi er
Cc: Alex Wisniewski, Parks Director
Eric Baker, Deputy County Administrator
Richard Becker, Veterans Assistance Program and Advisory Board Coordinator
Veterans Advisory Board Members
614 Division Street, MS-4 • Port Orchard, Washington 98366-4676 • (360) 337-7080• FAX (360) 337-4632
From: Olalla (253) 851-4147 • Bainbridge Island (206) 842-2061
www.kitsapgov.com
Page 209 of 274
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WASHINGTON STATE
Recreation and
Conservation Office
Applicant Resolution/Authorization
Organization Name (sponsor)
Resolution No. or Document Nam
Project(s) Number(s), and Nam
This resolution/authorization authorizes the person(s) identified below (in Section 2) to act as the authorized
representative/agent on behalf of our organization and to legally bind our organization with respect to the
above Project(s) for which we seek grant funding assistance managed through the Recreation and Conservation
Office (Office).
WHEREAS, grant assistance is requested by our organization to aid in financing the cost of the Project(s)
referenced above;
NOW, THEREFORE, BE IT RESOLVED that:
Our organization has applied for or intends to apply for funding assistance managed by the Office for
the above "Project(s)."
2. Our organization authorizes the following persons or persons holding specified titles/positions (and
subsequent holders of those titles/positions) to execute the following documents binding our
organization on the above projects:
Grant Document
Name of Signatory or ritle, of Person Authorized to Sign
Grant application (submission thereof)
Project contact (day-to-day
administering of the grant and
communicating with the RCO)
RCO Grant Agreement (Agreement)-
_
Agreement amendments
Authorizing property and real estate
documents (Notice of Grant, Deed of
Right or Assignment of Rights if
applicable). These are items that are
typical recorded on the property with
the county.
The above persons are considered an "authorized representative(s)/agent(s)" for purposes of the documents
indicated. Our organization shall comply with a request from the RCO to provide documentation of persons
who may be authorized to execute documents related to the grant.
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3. Our organization has reviewed the sample RCO Grant Agreement on the Recreation and Conservation
Office's WEB SITE at: https://rco.wa.gov/wp-content/uploads/2019/06/SampleProiAgreement.pdf. We
understand and acknowledge that if offered an agreement to sign in the future, it will contain an
indemnification and legal venue stipulation and other terms and conditions substantially in the form
contained in the sample Agreement and that such terms and conditions of any signed Agreement shall
be legally binding on the sponsor if our representative/agent enters into an Agreement on our behalf.
The Office reserves the right to revise the Agreement prior to execution.
4. Our organization acknowledges and warrants, after conferring with its legal counsel, that its authorized
representative(s)/agent(s) have full legal authority to act and sign on behalf of the organization for their
assigned role/document.
5. Grant assistance is contingent on a signed Agreement. Entering into any Agreement with the Office is
purely voluntary on our part.
6. Our organization understands that grant policies and requirements vary depending on the grant
program applied to, the grant program and source of funding in the Agreement, the characteristics of
the project, and the characteristics of our organization.
7. Our organization further understands that prior to our authorized representative(s)/agent(s) executing
any of the documents listed above, the RCO may make revisions to its sample Agreement and that such
revisions could include the indemnification and the legal venue stipulation. Our organization accepts
the legal obligation that we shall, prior to execution of the Agreement(s), confer with our authorized
representative(s)/agent(s) as to any revisions to the project Agreement from that of the sample
Agreement. We also acknowledge and accept that if our authorized representative(s)/agent(s) executes
the Agreement(s) with any such revisions, all terms and conditions of the executed Agreement shall be
conclusively deemed to be executed with our authorization.
8. Any grant assistance received will be used for only direct eligible and allowable costs that are
reasonable and necessary to implement the project(s) referenced above.
9. [for Recreation and Conservation Funding Board Grant Programs Only] If match is required for the
grant, we understand our organization must certify the availability of match at least one month before
funding approval. In addition, our organization understands it is responsible for supporting all non -cash
matching share commitments to this project should they not materialize.
10. Our organization acknowledges that if it receives grant funds managed by the Office, the Office will pay
us on only a reimbursement basis. We understand reimbursement basis means that we will only request
payment from the Office after we incur grant eligible and allowable costs and pay them. The Office may
also determine an amount of retainage and hold that amount until all project deliverables, grant
reports, or other responsibilities are complete.
11. [for Acquisition Projects Only] Our organization acknowledges that any property acquired with grant
assistance must be dedicated for the purposes of the grant in perpetuity unless otherwise agreed to in
writing by our organization and the Office. We agree to dedicate the property in a signed "Deed of
Right" for fee acquisitions, or an "Assignment of Rights" for other than fee acquisitions (which
documents will be based upon the Office's standard versions of those documents), to be recorded on
the title of the property with the county auditor. Our organization acknowledges that any property
Page 211 of 274
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acquired in fee title must be immediately made available to the public unless otherwise provided for in
policy, the Agreement, or authorized in writing by the Office Director.
12. [for Development, Renovation, Enhancement, and Restoration Projects Only —If our organization owns
the project propertyl Our organization acknowledges that any property owned by our organization that
is developed, renovated, enhanced, or restored with grant assistance must be dedicated for the
purpose of the grant in perpetuity unless otherwise allowed by grant program policy, or Office in
writing and per the Agreement or an amendment thereto.
13. [for Development, Renovation, Enhancement, and Restoration Projects Only —If your organization DOES
NOT own the property] Our organization acknowledges that any property not owned by our
organization that is developed, renovated, enhanced, or restored with grant assistance must be
dedicated for the purpose of the grant as required by grant program policies unless otherwise provided
for per the Agreement or an amendment thereto.
14. [Only for Projects located in Water Resources Inventory Areas 1-19 that are applying for funds from the
Critical Habitat, Natural Areas, State Lands Restoration and Enhancement, Riparian Protection, or Urban
Wildlife Habitat grant categories; Aquatic Lands Enhancement Account; or the Puget Sound Acquisition
and Restoration program, or a Salmon Recovery Funding Board approved grant] Our organization
certifies the following: the Project does not conflict with the Puget Sound Action Agenda developed by
the Puget Sound Partnership under RCW 90.71.310.
15. This resolution/authorization is deemed to be part of the formal grant application to the Office.
16. Our organization warrants and certifies that this resolution/authorization was properly and lawfully
adopted following the requirements of our organization and applicable laws and policies and that our
organization has full legal authority to commit our organization to the warranties, certifications,
promises and obligations set forth herein.
This resolution/authorization is signed and approved on behalf of the resolving body of our organization by the
following authorized member(s):
Signed
Title
On File
Date
This Applicant Resolution/Authorization was adopted by our organization during the meeting held:
(Local Governments and Nonprofit Organizations Only):
Location:
Washington State Attorney General's Office
Approved as to form �a— 2/13/2020
Assistant Attorney Genera( Date
You may reproduce the above language in your own format; however, text may not change.
Page 212 of 274
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t'C:i
STATE OF WASH1NGTON
DEPARTMENT OF NATURAL RESOURCES
BERT L. COLE, Comissloner of Public Lands
Kltsep County
Route 40 Box 2626 0 R 0 E R
llrewertons, WA 98310
It is ordered that Park Lease No. 60256 covering a portion
of the W}SE4 of Section 25, Township 24 North, Range 1 East, W.M.,
be canceled.
JUSTIFICATIONt
This Institutions land has boon deeded to Kltsap County.
Dated thisV'dar of ,( id-Z_1 �.t A* 0., 1977.
k
jJ
App. No. 60256
STATE OF WASHINGTON
DEPARTMENT OF NATURAL RESOURCES
By-2• ��
Ca missioner of Public Lands
Page 213 of 274
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USE DRO
The GRANT(A, the State of Washington, couveys to the Board of County Wsuis-
sioncrs for Ritsap County the following described lands:
All Chat tract or parcel of land lying and being in the County of Rit*ap,
State of Waahin,•,tos. sud being that portion of the wet half pf the southeast
quarter of Sactim 25. Towsbip 24 MaXth, RoaDe 1 Fast, Willasatte Meridian,
wid beiaS more particularly daseribod ss follows:
Beginning at the northeast corner of said vest half; thence
south 0'29'OB" vast :loos the east line of said vast halt 2517.68 feet; Ow-,ce
:ouch SS'13111" vast 79.56 feet to the north aar^,in of state road :o. 140. for-
marly known as state road No. 14. chance along said north margin. north 89'54144"
it) west 60.00 feet; tboace south 0'05116" vast 30.DO feat= theaee north 89'i044"
L') wout 100.00 feet; thence south 0'05116" vest 10.00 four; thanes north 99*54144"
G3 west 101.13 fact; thence leaving said north worgia, north 0*33134" vest 100.00
i9 fout; thence north 69*54144" rest 120.00 feat; tbance north 0'33'34" vest
$27.46 feet; thence north W40157" west 140.07 feat to the easterly margin of
Ratsil Road; thence north 0*33134" west 0.58 fast; thcmea on a curve to the
loft of aniform radius of 316.69 feet. as are distance of 232.15 feet; thence
north 42*33134" west 357.61. fact; thence on a curve to the right of uniform
radius of 300.55 fast. an arc distance of 223.50 fast; thence north 0002152"
anst 1034.70 feat; thence on a curve to the right of tviforw radius of 200.36
feat. an arc distance of 313.30 feat; thence south S8.55153" east 123.38 fcrt;
thence north 1'04'07" cast 20.00 feet, thence south 88'53153" east 692.06 foot
to the point of begiaaias containing 49.609028 acres, sore or lccs.
Taa'rbo" 4b0gaCfhad, j ,:7pb811 be beld by XU*ap County for so 10 rrcy
"r*k 4Sed. `T�Cr4.ttidnal Purposac, and if she arsutne. or any cybec a:Frn l'kn,
•: 1.R4., to u ohs lend fa# sunk pxtAo4t ' tl�a sae of,
tiff" la�af oAa17 br ry si�AL,
r, 4, ;:P& the land *bell revert to the State.
This dead is executed and delivered pursuant to Chapear 17. Laws of 1975, lot
87rrodiaary Session (44th 1ogislative `r
W1r.*.L% the Seal of the State of Vnsbftatm, affixed this day ofr'2-4- ;
1976.
' di i9 FY
o.+vv��
14rwrad as 'to florae
.-"Itt4os Attorney Ceuaral
STAYS OF K.iSHOCTOM
Attest _:� i,� .-^-LL.
Secretary of state.
State Record of Deeds, Valum 11, Page 378
Dyed .o. 25037
.-za Irk �;W
. Frmo "bjkr/
.fiA 1Yr.7a. df'.kaII
Rllf0MV34
Page 214 of 274
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ApAl 29, 1977
Mr, B= Mahon# Chem
K. C. Board of Con dssioners
624 Division Street
Port Orchard, Washington 98366
M Natural Resources
Doan Bill:
Plesse find attaob.d letter and transaction documents on the
park lease 602%# which is Retsil. Park.
Are you aware of this transaction, and, if so, has worything
boon rocorded7 If possible, I would like to get a copy of the
determination for our files.
Sino orely,
Stanley S. Johnson
Manager & Director
K. C. Fair & Parks Dept.
Si/AH/do
Eno.
Randy A. Hatfield
Parke Supervisor
Page 215 of 274
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...... ....
BERT COLE
A.,
VON L-MIK FRASER
OLYMPIA, WASHINGTON
98504
April 21, 1977
Kitsap County
RQute 4, Box 2626
Bremerton, WA 98310
Gentlemen:
Enclosed Is CA)wnissioner's order No. 77-143 under
Application No. 60256 which has been executed by the
Commissioner of Public Lands.
Very truly yours;,
BERT L. COIX
CommissJoner (if. Public Jonds
Donald F. McKay
Office Kinager
1) Fm: j m.-;
Ene.
App. M). 60256
cc: Sotith Pogo Sound Aran
U
0
AN EQUAL OPPORTUNITY EMPLOYER
Page 216 of 274
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Land Title Company of Kitsap County
Lr%i'r NRSHIP • TRD$T a COMWTbMW
Agent for Old ltopabHo National 71119 Giorance Company
Call/small your title questions to:
9667 Levin Road NW #100 - Sllverdale, WA 98383
(360)692-2233 Fax: (360)692-2244
titleailv@landlitleco.net
Our File No.: E-260052
Seller Name: Kitsap County
Buyer Name: Map County Parke Department
Address Reference:1431 Retail Road SE
Port Orohard, WA 98388
Contacts:
Kksap County Parke Department 614 Division Street MS-1
Attn: Leigh Snyder Port Orchard, WA 98388
Phone Number: (360)337-5365
Conteot Cover Sheet
(E-2t; M.PME 20=21/)
Page 217 of 274
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Litigation or Trustee's
Sale Guarantee
Office File Number: E-260062
* PolicyNwOor: A46061-LTSG 08036295 (2)
* SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF UABILITYANO OTHER PROMSIONS
�c OF THE CONDITIONSAND STIPULATIONS HERETO ANNEXEO AND MADEAPARTOF THIS GUARANTEE,
OLD REPUBLIC NATIONAI, TITLE INSURANCE COMPANY, a corporation, herein called the Company, for the fee
paid for this Guarantee, the number, amount and effective date of which are shown heroin, herby Guarantees
The padlos herein called IheAssured, against loss not oxcooding the liability amount staled herein which ttar
Assured shall sustain by reason of any Inoorreolneas In Ilse assurance which the Company hereby gives thel,
according to the public record on the effective date slalod herein.
1. The titre to the heroin described estate or Ir9wesl was vested in the voelce named, subject to the matters shown as Fxcoptlons herein, which
Exceptions are not nacessarity shown In the order of their priority.
This Guoranloa is Issued w11h the expectation that, within 60 days and based upon the facts set forth heroin, a Nolh:e of Truslsds Sate will be
prepared and recorded or an action will be commenced In a Court of competent PAMotlon. H a Notice of Sole is not recorded or such action is
not commenced, all liability and obligagon of the Company hereunder shall oosso and terminate 80 days after the effective date shown herein or as
may have been extended hereto.
This Guarantee shall not be valid or binding until countersigned below by an authorized officer or agent of the Company.
Issued through the offices of:
Land Title Company of Kltsap County
9667 Levki Road NW #100 Silverdale, WA OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
98383 a Corporation
380 892-2233 400 Seoond Avenue South, Mlnneepolle, MN 55401
(012) 371-1111
Countersigned:
� • vro,ra�nt
Muir
ORT Form 29551/93
s
Page 218 of 274
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oar Eocs1
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
1. Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no
liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public
records,
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings
by a public agency which may result In taxes or assessments, or notices of such proceedings, whether or not the matters
excluded under (1) or (2) are shown by the records of the taxing authority or by the public records.
(o) (1) Unpatented mining claims; (2) reservatlons or exceptions in patents or In Acts authorizing the issuance thereof; (3)
water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public
records,
2. Notwithstanding any specific assurances which are provided In Schedule of this Guarantee, the Company assumes no
liability for lose or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the Imes of the
land expressly described in the description set forth In Schedule (A), (C) or In Part 2 of this Guarantee, or title to streets,
roads, avenues, lanes, ways or waterways to which such land abuts, or the tight to maintain therein vaults, tunnels, ramps
or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are
expressly and specifically set forth In sold description.
(b) Defects, lima, encumbrances, adverse claims or other matters, whether or riot shown by the public records; (1) which
are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result In no loss to the Assured, or (3)
which do not result In the Invalidity or potential Invalidity of any judlclai or non-judiotal proceeding which is within the scope
and purpose of the assurances provided.
(c) The Identity of any party shown or referred to In Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to In this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS
The following terms when used In this Guarantee mean:
(a) the "Assured": the party or parties named as the Assured
In this Guarantee, or on a supplemental writing executed by
the Company.
(b) "land": the land described or referred to In Schedule (A)
(C) or in Part 2, and Improvements affixed thereto which by
taw constitute real property. The term "land" does not Include
any property beyond the lines of the area described or referred
to In Schedule (A) (C) or in Part 2, nor any right, title, Interest
estate or easement in abutting streets, roads, avenues,
alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other
security Instrument.
(d) "public records": records established under state statutes
at Date of Guarantee for the purpose of Imparting constructive
notice of matters relating to real property to purchasers for
value and without knowledge.
(a) "date": the effective date,
2. NOTICE OF CLAIM TO BE GIVEN BY ASSURED
CLAIMANT
An Assured shall notify the Company promptly in writing In
case knowledge shall come to an Assured hereunder of any
claim of title or Interest which is adverse to the title to the
estate or Interest, as stated herein, and which might cause
lose or damage for which the Company may be liable by
virtue of this Guarantee. If prompt notice shall not be ptvbn
to the Company, then all liability of the Company shall
terminate with regard to the matter or matters for which
prompt notice Is required, provided, however, that failure to
notify the Company shall In no case prejudice the rights of
any Assured under this Guarantee unless the Company shall
be prejudiced by the failure and then only to the extent of the
prejudice.
3. NO DUTY TO DEFEND OR PROSECUTE
The Company shall have no duty to defend or prosecute any
action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation In such action
or proceeding.
4. COMPANY'S OPTION TO DEFEND OR PROSECUTE
ACTIONS; DUTY OF ASSURED CLAIMANT TO
COOPERATE
Even though the Company has no duty to defend or
prosecute as set forth in Paragraph 3 above:
(a) The Company shall have the right, at Its sole option and
cost, to Institute and prosecute any action or proceeding,
Interpose a defense, as limited In (b), or to do any other act
which In Its opinion may be necessary or desirable to
establish the title to the estate or Interest as stated herein,
or to establish the lien rights of the Assured, or to prevent or
reduce lose or damage to the Assured. The Company may
take any appropriate action under the terms of this
Guarantee, whether or not It shall be liable hereunder, and
shall not thereby concede liability or waive any provisions of
this Guarantee. If the Company shall exercise Ile rights
under this paragraph, It shall do so diligently.
(b) If the Company elects exercise Its options as stated In
Paragraph 4(a) the Company shall have the right to select
counsel of Its choice (subject to the right of such Assured to
object for reasonable oause) to represent the Assured and
shall not be liable for and will not pay the fees of any other
counsel, nor Will the Company pay any fees, costs or
expenses Incurred by an Assured In the defense of those
causes of action which allege matters not covered by this
Guarantee.
(c) Whenever the Company shall have Nought an action or
Interposed a defense as permitted by the provisions of this
Guarantee, the Company may pursue any litigation to final
determination by a court of competent jurisdiction and
expressly reserves the right, In its sole dlaorellon, to appeal
from an adverse judgment or order.
GUAR Schad of Exclusllons, Conditions and Stipulations (Roy 12-16.95)
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ORT EGCS2 GUARANTEE CONDITIONS AND STIPULATIONS (Conti nisatio n)
(d) In all cases where this Guarantee permits the Company to
The Company shall have the option to pay or settle or
prosecute or provide for the defense of any action or
compromise for or In the name of the Assured any claim which
proceeding, an Assured shall secure to the Company the right
could result In lose to the Assured within the coverage of this
to so prosecute or provide for the defense of any action or
Guarantee, or to pay the full amount of this Guarantee or, if this
proceeding, and all appeals therein, and permit the Company to
Guarantee Is issued for the benefit of a holder of a mortgage or
use, at Its option, the name of such Assured for this purpose.
a Ilenholder, the Company shall have the option to purchase the
Whenever requested by the Company, an Assured, at the
Indebtedness secured by sold mortgage or said lien for the
Company's expense, shell give the Company all reasorable old
amount owing thereon, together with any coats, reasonable
In any action or proceeding, securing evidence, obtaining
attorneys' fees and expenses Incurred by the Assured claimant
witnesses, prosecuting or defending the action or lawful act
which were authorized by the Company up to the time of
which in the opinion of the Company may be necessary or
purchase,
desirable to establish the title to the estate or Interest as stated
Such purchase, payment or tender of payment of the full
herein, or to establish the lien rights of the Assured. If the
amount of the Guarantee shall terminate all liability of the
Company Is prejudiced by the (allure of the Assured to furnish
Company hereunder. In the event after notice of claim has
the required cooperation, the Company's obligations to the
been given to the Company by the Assured the Company offers
Assured under the Guarantee shall terminate.
to purchase aaid indebtedness, the owner of such
Indebtedness shall transfer and assign said Indebtedness,
5. PROOF OF LOSS OR DAMAGE
together with any collateral security, to the Company upon
a rent of the urohasa doe
In addition to and after the notices required under section 2 of
these Conditions and Stipulations have been provided to the
Company, a proof of toss or damage signed and sworn to by
the Assured shall be furnished to the Company within ninety
(00) days after the Assured shall ascertain the facts giving rise
to the loss or damage. The proof of loss or damage shall
describe the matters covered by this Guarantee which
constitute the basis of loss or damage and shall state, to the
extent possible, the basis of calculating tho amount of the loss
or damage. if the Company Is prejudiced by the failure of the
Assured to provide the required proof of loss or damage, the
Company'e obligation to such Assured under the Guarantee
shall terminate. In addition, the Assured may reasonably be
required to submit to examination under oath by any authorized
representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times
and places as may be designated by any authorized
representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a
dale before or after Date of Guarantee which reasonably
pertain to the loss or damage. Further, if requested by any
authorized representative of the Company, the Assured shall
grant Ns permission, In writing, for any authorized
representative of the Company to examine, Inspect and copy
all records, books, ledgers, checks, correspondence and
memoranda In the custody or control of a third party, which
reasonable pertain to the loss or damage. Ali Information
designated as confidential by the Assured provided to the
Company pursuant to this Section shall not be disclosed to
others unless, In the reasonable Judgment of the Company, It
Is necessary In the administration of the claim. Failure of the
Assured to submit for examination under oath, produce other
reasonably requested Information or grant permission to secure
reasonably necessary Information from third parties as required
in the above paragraph, unless prohibited by law or
governmental regulation, shall terminate any liability of the
Company under this Guarantee to the Assured for that claim.
S. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS:
TERMINATION OF LIABILITY
In case of a claim under this Guarantee, the Company shall
have the following additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to
Purchase the Indebtedness.
GUAR Solied of Exclusions, Conditions and Stipulations (Rev 12-16.96)
Upon the exercise by the Company of the option provided for in
Paragraph (a) the Company's obligation to the Assured under
this Guarantee for the claimed loss or damage, other than to
make the payment required In that paragraph, shall terminate,
including any obligation to continue the defense or prosecution
of any litigation for which the Company has exercised Its
options under Paragraph 4, and the Guarantee shall be
surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Then the
Assured or With the Assured Claimant. To pay or otherwise
settle with other parties for or In the name of an Assured
claimant any claim assured against under this Guarantee,
together with any costa, attorneys' fees and expenses Incurred
by the Assured claimant which were authorized by the
Company up to the time of payment and which the Company Is
obligated to pay.
Upon the exercise by the Company of the option provided for In
Paragraph (b) the Company's obligation to the Assured under
this Guarantee for the claimed loss or damage, other than to
make the payment required In that paragraph, shall terminate,
Including any obligation to continue the defense or prosecution
of any litigation for which the Company has exercised Its
options under Paragraph 4.
7, DETERMINATION AND EXTENT OF LIABILITY
This Guarantee is a contract of indemnity against actual
monetary lose or damage sustained or Incurred by the Assured
claimant who has suffered loss or damage by reason of
reliance upon the assuranoes set forth In this Guarantee and
only to the extent herein described, and subject to the
Exclusions From Coverage of This Guarantee.
The liability of the Company under this Guarantee to the
Assured shall not exceed the least of:
(a)he amount of liability stated In Schedule A or In Part 2;
(b) the amount of the unpaid principal Indebtedness secured
by the mortgage of an Assured mortgagee, as limited or
provided under Section 6 of these Conditions and Stipulations
or as reduced under Section 9 of these Conditions and
Stipulations, at the time the loss or damage assured against
by this Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or Interest
covered hereby ae stated herein and the value of the estate or
Interest subject to any defeat, lien or encumbrance assured
against by this Guarantee.
Page 220 of 274
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ORTEOC82 GUARANTEE CONDITIONS AND STIPULATIONS (Continuation)
8. LIMITATION OF LIAHIILTY
(a) If the Company establishes the title, or removes the
alleged defect, Ilen or encumbrance, or ours any other matter
assured against by this Guarantee in a reasonably diligent
manner by any method, Including litigation and the completion
of any appeals therefrom, It shall have fully performed Its
obligations with respect to that matter and shall not be liable
for any lose or damage caused thereby.
(b) In the event of any Iltigallon by the Company or with the
Company's consent, the Company shall have no liability for
lose or damage until there has been a final determination by a
oourt of competent Jurisdiction, and disposlllon of all appeals
therefrom, adverse to the title, as stated herein,
(c) The Company shall not be liable for loss or damage to
any Assured for liability voluntailly assumed by the Assured In
settling any claim or suit without the prior written consent of
the Company.
8. REDUCTION OF LIABILITY OR TERMINATION OF LIABILITY
All payments under this Guarantee, except payments made
for costs, attorneys' fees and oxpenses pursuant to
paragraph 4 shall reduce the amount of liability pro tanto,
10. PAYMENT OF L088
(a) No payment shall be made without producing this
Guarantee for endorsement of the payment unless the
Guarantee has been lost or destroyed, In which case proof
of loss or destruction shall be furnished to the satisfaction of
the Company.
(b) When liability and the extent of loss or damage has
been definitely fixed In accordance with these Conditions
and Stipulations, the loss or damage shall be payable within
thirty (30) days thereafter.
11. SUBROGATION UPON PAYMENT OR SETTLEMENT
Whenever the Company shall have settled and paid a claim
under this Guarantee, all right of subrogatlon shall vest In the
Company unaffected by any act of the Assured olalmant.
The Company shall be subrogaled to and be entitled to all rights
and remedies which the Assured would have had against any
person or property In respect to the claim had this Guarantee not
been Issued. if requested by the Company, lheAssured shall
transfer to the Company all rights and remedies against any
person or property necessary In order to perfect this right of
subrogailon. The Assured shall permit the Company to sue,
compromise or settle In the name of the Assured and to use the
name of the Assured in any transaction or litigation Involving
these rights or remedies.
If a payment on account of a claim does riot fully cover the loss
of the Assured thb Company shall be subrogated to all rights and
remedies of the Assured after the Assured shall have recovered
its principal, Interest, and costs of collection.
GUAR Schad oMoluslans, Condiflons and Npuietions (Rev 12-1&06)
12. ARBITRATION
Unless prohibited by applloabie law, either the Company or
the Assured may demand arbitration pursuant to the Title
Insurance Arbitration Rules of the American Arbilrallon
Aesociallon.
Atbitrable matters may Include, but are not limited to, any
controversy or claim between Ilia Company and the Assured
arising out of or relating to this Guarantee, any service of the
Company In connection with Its Issuance or the breach of a
Guarantee provision or other obligation. All arbitrable
matters when the amount of liability Is $1,000,000 or less
shall be arbitrated at the option of either the Company or the
Assured. All arbitrable matters when the amount of liability
Is In excess of $1,000,000 shalt be arbitrated only when
agreed to by both the Company and the Assured.
The Rules In effect at Date of Guarantee shall be binding
upon the parties, The award may Include attorneys' fees
only If the laws of the state In which the land Is located
permits a coud to award attomeys' tees to a prevailing party.
Judgment upon the award rendered by the Arbitrator(s) may
be entered In any court having Judedicllon thereof.
The law of the allus of the land shall apply to an arbitration
under the Title Insurance Arbitration Rules.
A copy of the Rules may be obtained from the Company
upon request.
13. LIABILITY LIMITED TO THIS GUARANTEE;
GUARANTEE ENTIRE CONTRACT
(a) Tide Guarantee together with all endorsement, If any,
attached hereto by the Company Is the entire Guarantee and
contract between the Assured and the Company, In
Interpreting any provision of this Guarantee, this Guarantee
shall be construed as a whole,
(b) Any olalm of loss or damage, whether or not based on
negligence, or any action asserting such claim, shall be
restricted to this Guarantee,
(o) No amendment of endorsement to this Guarantee can
be made except by a writing endorsed hereon or attached
hereto signed by either the President, a Vice President, the
Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
14. NOTICES, WHERE SENT
All notices roqulred to be given the Company and any
statement In writing required to be furnished the Company
shall include the number of this Guarantee and shall be
addressed to the Company at the offloe which issued this
Guarantee or to Its Home Offlco., 400 Second Avenue
South, M►nneapolls, Minnesota 66401, (612) 371-1111.
Page 221 of 274
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ISSUED FROM THE OFFICE OF LAND TITLE COMPANY OF KITSAP COUNTY
AS AGENT FOR OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY
LITIGATION/TRUSTEES SALE/CONTRACT FORFEITURE GUARANTEE
SCHEDULE A
Office File No.: E-260062
Reference No.:
Policy No.: A46061-LT8G 08035296 (2)
Date of Policy: February 3, 2018 at 8:00 a.m,
Amount of Insurance: $10,000.00
Premium: $ 260.00
Tax: $ 21.76
1. Name of Assured:
KITSAP COUNTY PARKS DEPARTMENT
2. The estate or Interest In the land which Is covered by this poNay Is:
A Fee
3. Title to the estate or Interest In the land Is vested In:
KITSAP COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF WASHINGTON
4. The land referred to In this policy Is described as follows:
SEE LEGAL DESCRIPTION ATTACHED ON EXHIBIT "A" AND BY REFERENCE MADE A PART HEREOF
U89stiorYTrusteWs Sale/Contraot Forfeltufe 0uaranlee
Sohedulo A
(E-260052.PFO/E-26005A
I
Page 222 of 274
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LITIGATIONITRUSTEE'S SALEICONTRACT FORFEITURE GUARANTEE
Office File No.: E-260062 Policy No.:A46061-LTSG 08036295 (2)
EXHIBIT "A"
DESCRIPTION:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE
SOUTHWEST QUARTER OR THE SOUTHEAST QUARTER, SECTION 26, TOWNSHIP24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, CONVEYED TO KITSAP COUNTY IN
DEED RECORDED UNDER AUDITOR'S FILE NO. 1168966 AND FURTHER DESCRIBED As
FOLLOWS:
ALL THAT PORTION OR PARCEL OF LAND LYING AND BEING IN THE COUNTY OF KITSAP, STATE
OF WASHINGTON, AND BEING THAT PORTION OF THE WEST HALF OF THE SOUTHEAST
QUARTER OF SECTION 26, TOWNSHIP 24 NORTH, RANGE 1 EAST, WILLAMETTE MERIDIAN, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE SOUTH 0029'08" WEST
ALONG THE EAST LINE OF SAID WEST HALF 2517.68 FEET THENCE SOUTH 68-13-11" WEST
79.66 FEET TO THE NORTH MARGIN OF STATE ROAD NO. 160, FORMERLY KNOWN AS STATE
ROAD NO. 14, THENCE ALONG SAID NORTH MARGIN, NORTH 89.64'44" WEST 60.00 FEET,
THENCE SOUTH 0006'16" WEST 30.00 FEET; THENCE NORTH 89°64'44" WEST 100.00 FEET;
THENCE SOUTH 0.06'16" WEST 10.00 FEET, THENCE NORTH 80°64'44" WEST 101.13 FEET,
THENCE LEAVING SAID NORTH MARGIN, NORTH 0-33-34" WEST 100.00 FEET; THENCE NORTH
89"64'44" WEST 120.00 FEET, THENCE NORTH 0633'34" WEST 627.46 FEET; THENCE NORTH
88040'67" WEST 140.07 FEET TO THE EASTERLY MARGIN OF RETSIL ROAD; THENCE NORTH
0033'34" WEST 0.58 FEET, THENCE ON A CURVE TO THE LEFT OF UNIFORM RADIUS OF 316.69
FEET, AN ARC DISTANCE OF 232.16 FEET, THENCE NORTH 42°33'34" WEST 367.61 FEET;
THENCE ON A CURVE TO THE RIGHT OF UNIFORM RADIUS OF 300.66 FEET, AN ARC DISTANCE
OF 223.60 FEET; THENCE NORTH 0-02'62" EAST 1084.70 FEET, THENCE ON A CURVE TO THE
RIGHT OF UNIFORM RADIUS OF 200,30 FEET, AN ARC DISTANCE OF 318.30 FEET, THENCE
SOUTH 89.66'63" EAST 123.3B FEET, THENCE NORTH 1°04'07" EAST 20.00 FEET; THENCE
8OUTH 88°66'63" EAST 692.00 FEET TO THE POINT OF BEGINNING,
I.I0qMMnuste0% S#WOWreet ForleNpre Oueranleo
b IA440 DwrlpUon
(Ff260052.PF0JE MW52t6)
Page 223 of 274
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LITIGATION/TRUSTEE'S SALEICONTRACT FORFEITURE GUARANTEE
Office File No.: E-260062 Polloy No.: A46061-LT8G 08036296 (2)
SCHEDULE 5
SPECIAL EXCEPTIONS:
1. Easement, Including Its terms, covenants and provisions as disclosed by Instrument;
Recorded:Maroh 22, 2006
Recording No,:200603220007
In Favor of.Annapolls Water District
For:water line
Affec(s:20 foot wide portion of said promises
2. Matters disclosed by Survey recorded March 8, 2003 In Volume 69 of Surveys, page 60 under Auditor's File No.
200303060140. �) }�)})�
3. Unrecorded Lease disclosed by Instrument;
Recorded:March 6, 2003
Recording No.:200303060148
Lessor:Kitsap County
Lessee:Mr. and Mrs. Clair Gillette
4. Covenants, conditions and restrictions contained In the following Instrument, but omitting covenants or
restrictions, If any, based upon race, color, religion, sex, sexual orientation, familial status, marital status,
disability, he national origin, ancestry, or source of Income, as set forth In applicable state or federal laws,
except to the extent that said covenant or restrlotion Is permitted by applicable law,
Recorded:Februery 10, 1977
Recording No.:1168966
6. Reversionary rights by the State of Washington should the property no longer be used for reoreatlonal purposes
as disclosed In Use Deed recorded under Auditor's File No. 1168966.
8. Possible Ilabltlly for U.L.I.D. In favor of the City of Port Orchard. Please call (360) 876-4991 for more
Information,
7. Matters disclosed by Survey recorded November 22, 1978 In Volume 10 of Surveys, page 163 underAudllor's
File No. 7811220167,
B. Matters disclosed by Survey recorded February 10, 1986 in Volume 24 of Surveys, page 046 under Auditor's
File No. 8602100004.
9. Exceptions and Reservations as contained In Deed;
From:United States of America
Recorded:March 31, 1949
Recording No.:488068
Records of: Kltsap County, Washington
NOTE; The present ownership of sold Interests and matters affecting said Interests are not shown herein.
10. Easement, Including Its terms, covenants and provisions as disclosed by Instrument;
Recorded:March 31, 1949
Recording No:480868
For:exiating water and sewer lines
Affects1he legal descriptlon contained therein Is Insufficient to specifically locate said easement
11. Easement, Including Its terms, covenants and provisions as disclosed by Instrument;
Recorded:April 25, 2011
Recording No.:68210
In Favor of:Slate of Washington
For:watermaln
Affeols:the legal description contained therein Is Insufficient to specifically locate said easement
l 9QW1oNrrusteiA 3ale/Contraol Fodelture Ouaranlee
Sohedule 8
(E-260052.P IE-2800 M)
Page 224 of 274
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SCHEDULE B
(Continued)
12. Taxes, Interest and penalties, If any, which may result from the loss of the tax exemption for which this properly
has qualified.
Amount:$0.00
Tax Account No.:262401-4-002-2008
Affects:sald premises
Levy Code:0810
Assessed Value: $0.00
13. The subject properly Is presently classed as exempt from standard taxation, it may be subject to the collection of
back taxes for a three to ten year period, depending upon the actual use classification of the property after sale
and during Its exempt status.
END SPECIAL EXCEPTIONS
SG/Jt
A. NOTE: The following information will be required on the first page of all recorded documents per
RCW $6.18 AND 06.04 - Document Standardization:
Brief Legal; NW/SE & SW/SE 26-24-1 E
Tax Account No.: 262401-4-002-2008
1.I11galto0rustoes Satelooniraot Forfelluro Guarantee
Schedule 8
(E-200052.PPUlE-20005218)
9
0
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Courthouse Hours of Operation
AUDITOR - Monday - Friday, walk -In and eRecording, 8:00am - 4:30pm
TREASURER - Monday - Friday, walk -In 8:00am - 4:30pm and eRecording, 8:00am - 4:00pm
Kitsap County Auditor Recording pees
Effective: June 13, 2014 Effective: October 0, 2015
Document - Real Estate and Miscellaneous - First
Page
$72.00
$ 1.00
Each Additional Page
$73.00
Document - Deed of Trust - First Page $ 1.00
Each Additional Page
Please visit the Kitsap Auditor Home Page for more Information
regarding recording requirements and fees.
wwwAlteapgov.com
Land Title Company & Kitsap County Courthouse
Holiday Schedule
New Years Day (Fride
January 1, 2016
Martin Luther King (N
January 18, 2010
President's Day (Mon
February 16, 2016
Memorial Day (Monde
May 30, 2010
Independence Day (Monday)
July 4, 2016
Labor Day (Monday)
September 6, 2016
Veteran's Day (Friday
November 11, 2016
Thanksgiving Day (Tt
November 24, 2016
Day After - Thanksgiving
November 26, 2018
Christmas (Observed
December 26, 2016
$73.00
$ 1.00
$74.00
$ 1.00
3
Page 226 of 274
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Privacy Statement
Land Title Company of Klisap County as agent of
Old Republic Title, Ltd.
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leaoh-Bliley Act (GLBA) generally prohibits any financial Institution, directly or through Its
affiliates, from sharing nonpublic personal Information about you with a nonaffiliated third party unless the Institution
provides you with a notice of Its privacy policies and practices, such as the type of the Information that It collects about
you and the categories of persona or entities to whom it may be disclosed. In compliance with the GLBA, we are
rovldhtg you with this document, which notifies you of the privacy policies and practices of OLD REPUBLIC TITLE,
LT
We may collect nonpublic personal Information about you from the following sources:
Information we may receive from you such as on applications or other forms.
Information about your transactions we secure from our flies, or from (our affiliates or), others.
Information we receive from a consumer reporting agency.
Information that we receive from others involved In your transaction, such as the real estate agent or lender.
Unless It is specifically stated otherwise In an amended Privacy Policy Notice, no additional nonpublic personal
information will be collected about you.
We may disclose any of the above Information that we collect about our customers or former customers to our
affiliates or to nonaffillated third parties as permitted by law.
We also may disclose this Information about our customers or former customers to the following types of nonaffiliated
companies that perform marketing services on our behalf or with whom we have joint marketing agreements:
Financial service providers such as companies engaged In banking, consumer finance, securities and
Insurance.
Non -financial companies such as envelope stutters and other fulfillment service providers.
WE DO NOT DISCLOSEANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY
PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BYLAW. '
We restrict access to nonpublic personal Information about you to those employees who need to know that Information '
In order to provide produots or services to you. We maintain physical, electronic, and procedural safeguards that `
comply with federal regulations to guard your nonpublic personal Information. ;
ORT287-C 6/07/01
(E-280052.PFD1E-2oo M)
Page 227 of 274
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Page 228 of 274
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Tax Statement page 1 of 1
Vlow: Recetptial on file (CIIck here to Pay by Crodit Card - 3rd parYtr fee
appilesj
[Click here to Print [Click here to Pay by E-Chock - $1. 0 fool
IAA cuuN,� Meredith R. Green, CPA 2016 WEB TAX STATEMENT
MAKE REMITTANCES PAYAHI.E TO:
Kftsap County Treasurer Pr�,ted:ozro4/zato
TMAsmnow+614 Division Street, MS-32 VETERANS MEMORIAL PARK
Port Ordtard. WA 98360
Account Numbor '• For Inrormatlonal Purposes Only'•
2524014-002- Procose Number 1161884
2008 Taxpayer Name:
ETERANS MEMORIAL PARK
Tax Property Description
25241 E
PT OF IN112 SE1/4 DES AS FOLS BEG AT NE COR OF W112 TH S O'29'OB W
ALO E LN OF 8D Wt/2 2517.68FT TH 8 68'13'1 t W 79.66FTTO N MAR OF ST
RD NO.14 TH ALG 8D N MAR N 89'6444 W BOFT TH S O'05'16 W 30FT TH N
69'64'44 W iOOFT TH S O'05'18 W 10FT TH N 89'64'44 W 101,13FT TH
LEAVING SD N MAR N 0'3334 W 1 OOFT TH N 89164'44 W 12OFTTH N 0183'94
W 527.48FT TH N 88'44'67 W 140.07FT TO ELY MAR OF RETSIL RD TH N
0'33'34 W 0.58FT TH ON A CURVE TO LEFT OF UNIFORM RAD OF 316.69FT
AN ARC DIS OF 232.16FT TH N 42.3Y34 W 357.61FT TH ON A CURVE TO RT
OF UNIFORM RAD OF SWAOFT AN ARC DIS OF 223.50FT TH N 0.02'82 E
1084.70FT TH ON A CURVE TO RT OF UNIFORM RAD OF 200.38FT AN ARC
DIS OF 318.30FT TH 8 88.65'53 E 123.38FT TH N 1'04'07 E 20FTTH S 00'65'63
E 692.08FT TO POB
VALUE INFORMATION OR TAX
2016 201
Lana: $o.. $0
Bulldings, eta: $0
TOTAL VALUE-, $0
$0
SO
GENERAL TAX DISTRIBUTIO
2016 2010
sots Taal $.00 2016 Total: $.00
i Current Taxes
8SESSMEN7 2018 201
amtTotal $'00 $.0
TOTAL TAXABLE VALUE:(Land + Bull fte, elo. minw QuoWft Exowopny) 016 Qenbra prd j#erl� y x +
$0 to nPleessmenti a 00
General Levy Rate per 41000 TOTAL AMOUNT DUE: No Taxes
Levy Code 0810 11.8273 Owing
(Click bste for Levy InforTnWordFlot hal texas paid *WAW1306YA locur kdaml
ON Voted Rate — 31.7 % Voter Approved 4445.0 oifty oomPuNd °Q FULL y entoont (ROW
Parcel Locallon:1431 RETSIL RD SE
http:/lkewpptilm.co.kitBap.Wa.us/pls/iiiswA[o.generate_Nveb—stntemente ,pkg,web--9tatc..,
2/4/9016
Page 229 of 274
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9fl sEtD "
i
The 0RA TMp ilia state of Washington, conveys to the soerd of County Caala-
aianlro far Meals county the following deseribed landgl
All that traot of parcel of land lying and being in the County of Meals,
state of Washington, sad bolus that portion of the Vogt half of tits sovthabet
quarter of seatien 25, Township 24 North, Ranga 1 Emets Willamette Nstidlons
and being nova partioulorly desarlbad as follovat
Aogimins at the northeast corner of said vest hplfl thence
booth 0 20'08" vast along the east line of sold wool half 2517.68 laoil thetaa
south 51'13'11" vast 79.56 loot to the north margin of state road No. 160, for-
tarly hag. as *tote road No. 14, theaee, along said north margin, north 69'56144"
vest 60.00 foot! thatea aeulh 0.05'16" vast $
0.00 teed thence north 89'14044"
Vat 100,00 teaq tbeace, south O'OS'16° vast 10,00 pail thence, north 89 3444"
1 Vicet 101.11 test) theca leaving maid north margins north 0'33134" vast 100.00
pat theta north 89'54'44" vast 120.00 foot) thence north 0'33134" weak
527.�6 fasq !fiance earth 08'40'S]" wet 140.07 pat to the *totally oargin at
Retall Roadl thence north 0131131" vast 0.56 feat) thence an a malls, to the
left of vaifom radius of 316.69 fast, on are distance of 2$2.15 festl thence
north 42•33'3411 voot 357.61 Caul thence an a curve to this right of aniforn
radius of 3W.33 tact, as eta distance of 223.30 fsetl thence north 0,'02132"
seat 1004.70 foot) aheaea on a carve to tba right of units= radius of 200.36
feet, in aro distance of 311.30 teed thence soutb 08'55'W' sort 1231.30 tact;
thooco north 2*04107" meet 10.00 feoti thence mouth M'35153" cast 692.06 feat
to the point of baginnius eontoining 40.609029 agrees tore or leas,
The clove deaeribed Undo .ball. be held by Ritamp County for go loos as claw
era used for raorcational purposes, and it the Sweetens or bay nAoagwst gratal
eaneq to use the !gad for such purposes, the great of the 34ed 611411 be torsionted
thereby, and the, lend shall covert to the State.
Thig deed is oxoauted and delivered peso,! to Chapter 27, Laws at 1975, let
sxtraordioary $claim (44th legislative amino).
WITNESS the goal of the state, of Ngshlogton, mftlxod this T�� 4sy at ,
1916. '
sYATN of WASRUMM
PF-
oOTp R'
Attu!
'Soerotory of 8te,ta
as to livid
jatgnt AZ Aby Ceemyal
State Record of Aeada, Volume Us hp 376
good No. 25037
"hrsol�Ab � 1-11Mz6h
• t
A
I
,
0
Page 230 of 274
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111JNIIII1JNIlNllllllllJflJllllNlllllflllllilllllll Pad2
00803Q20007
After Recording Mall'To: A -ES R�41 fSfif t33.fo 'm
James Rods
Kltaep County Public Works
614 Division Street, MS•26
Port Orchard WA 98366-4699
Lt)(C'SE TAX EXEMPT 1"'tH 212NO
WATER LINE EASEMENT
KNOW ALL MEN BY T"E PRBSBNTS, that the Orantor(s), Kt7'SAV VQUNTY. A
POLITI"UVBDIVISIONOFT} STI TUOr A,9UING]'SL for anti inconsldemlion
of Mutunt Benefits, in consideration of the grant of this easement, Grantee shall install a water line,
and valve at a location mutually agreed by Ilia parties and at no cost to the Grantor. Gratitco shall
furnish water to Grantor at Grantee's sole cost and expense. Grantor grants and conveys unto
ANNAPOLIS WATER DISTRICT, and their helrs, successors, and ssslgns, it non-exeluslvo Water
Lino lissement under snd across the hereinafter described lands for the purpose of installing and
maintaining it water pipeline stunted In the NW l4 of them i4 of Seciion 2S, Township 24 North,
Rango I Bast W,M. Mtssp County, Stato of Washington, described as follows:
DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "WI
SUBJECT TO THE FOLLOWING CONDITIONS DESCRIBED IN EXHIBIT "C"
Attached Hereto And By This Reference Made A Part Thereor,
Dated this_. i& day of MIMA
By:
hkAuSeL Chair
wwwasl--`"'-
STAT13 OF WASHINOTON
)ss
COUNTY OF KITSAP
By;
P11"op Comm ssioner
rI:OA A AFsnOYtn DY
IMSAP COUNTY
DUARTMIRr OPMAI-1CwoAw
ki
Assessor No. 252401 4.00Z-2008
On this _a— day of toa4 C.h. , 20 Q!0, before rnc, the undersigned, a
Notary Public In and for the State of Washington, dWL000rttmissioned and swum, personally
appeared :S _,� L -f eq-tu z �t and
F i0ii i-i l, &.1 —.to me Wovrrt to be the County Conunissioncrs
respectively, of Xitsap County that executed the foregoing instrument, and acknowledged the said
instrument to bo the froo and voluntary no sold dcod of Kitaap County, for the uses and purposes
therein mentioned, and on oath, stated that they are authorized to execute tho said Instrumentand (flat
the seal affixed is the County Seal of Kitsap County.
Witness my hand and offtoial seal hereto affixed the day and year firm above written.
1
ir0
'��lro, Notary Public In and for the tote of Washin t ,
residing at zeA—���
oUBIJA
My Commission expires:
Page 231 of 274
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EXHIBIT' ._
A strip of land, 20 feet in width, lying within the Northwest quarter of the
Southeast quarter of Section 26, Township 24 North, Range 1 Past, W.M., in
Kitsap County, Washington, the sidelines of which lie 10 feet on each side of the
following described centerline:
Beginning at the Southwest corner of the Northwest quarter of the Southeast
quarter of said Section 25; thence South 87°20'38" Past along the South line
thereof a distance of 513.22 feet; thence North 2°30'22" Fast 26.86 feet to the
True Point of Beginning of said centerline; thence North 8O°42'34" West 176.07
feet, more or less, to the easterly right-of-way of Retsil Road C and the terminus
of said centerline.
`` ` ` 2.UOf Q32200U7
t 43 22/2�5tr� ° t
�"Jt1 1i1`'�111�1111�� . . WIP CO, i
Ili�l
,h tgV
Page 232 of 274
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30'
30'
'Veterans Memorial Park'
1
r-20' Easement
1
z �'
•1�.+
FOR T14E INSTAISAMON AND
Scab: 1' =
OPERATIO?1 OF A WATER MAIN:
N8904234"W — [
178.07
--------
------- --- -- N4° =w E
SOUTH LINE NW
`
=------,.___ —
— S 87°_'9'38" E 51322' -- ---
if
..— J�
I ' SW CORNER
NW 19 SE I/4
t
t
EXHIBIT �S
j
��►N.L Qhon &Associates, lrec.
Portion of the NW 1/4 of The SE 114
awhm,
;t, pL-=9 and sw r`
Section 25, T 24 N, R 1 E, W.M.
peo7wvsassaa(360!
Kitwp County, Washington
ZWft*dA*=&M W447hnad.dwAwow
.... .. ...... __ _. _..Page 233 of 274...E ._ ......._ .... ..
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EXHIBIT "C"
I. The Grantees (a), ANNA1'01,18 WATL1t UI,STRICT their successors, and assigns, am granted
the right 10 Install, hnprovp, mnbltain ,alidlor repair in place a water line under and across
Veteran's Memorial Park, uttdor 1116 jurisdiction of Kitsap County Fair Parks and Recreation, Tax
Parcel 252401.4-002,2008, legally described within the WATER LINE FASEMENT. See
attached Exhibit "A"
2. The Omotee (s),.the[r successors, and assigns will be financially liable for the relocation and
recwialttictlon of suid wnt0 line upon the request of the Grantor. The Grantee (s) will be liable
.and rc9potisiblo for any malfung.don and/or repairs of said water line.
3. The Grantee (a), their successors, and assigns will at all times exercise their rights herein
according to the requirements of all applicable statutes, orders and regulations of any public
authority having Juristliction.
4. To tlae fullest extent permitted by law, Grantee (s), their successors, assigns and heirs, shall
indemnify, defend and hold harmless Kitsap County and all officials, agents and employees of
Kitsap County, from and against all claims srlsing out of or resulting from the performance of the
granting of the WATER LINE iTASEMENT. A Claim as used In this document means any
financial lose, claim, suit, action damage or expense, including but not limited to attorneys' fees,
attributable for bodily injury, sickness, disease or death, or Injury to or destruclion of tangible
property including loss of use resulting there from. Grantee (a) obligation to indemnify, defend,
and hold harmless includes any claim by ilia Grantee (s) agents, employees, raprocenladvas, or
any subcontractor or Its employees.
5. The Grantee (s) expressly agrees to Indemnify, defend, and hold harmless Kitsap County for any
claim arising out of or incident to Grantee (s) or any subcontractor's performance or failure to
perform the conditions herein. Grantee (s) shall be required to indemnify. defend. and hold
harmless Kitsap County only to the extent claim is caused In whole or In part by negligent acts or
omissions of Grantees) their successors, and assigns.
6. All work to be performed by the Grantee (s), their successors, and assigns will be compacted in a
careful and competent mannor, free of claims or lions. The Grantee will submit to Kitsap County
a plan and profile of the proposed work, with a cross-sectlon depicting the construction. upon
completion of any work performed by the Grantee (a), the Grantee (a) will remove all debris and
restore the easement aron to the condltlon It was before commencement of such construction.
7. Any use of the easement area, Including installation and/or maintenance will not hNorfam with
the use of the Kitsap County property.
8. If the Grantee (s), their successors, and assigns abandon said water line within the easement area,
Grantee (s) will notify Kilsep County Department of Fair Parks and Recreation of its intentions
within forty-five (45) calendar days of said removal and abandonment. All cost of abandonment
and removal will be the responsibility of the Graniea.
9. This WATER, LINE EASE' MUNT Is limited to the Grantee (s), their successors, heirs, and
assigns, and on the property under Kitsap County Assessor's Number 252401-4.002-2008.
IAI�IIiIIdIMNpIIIIRIIRII��NINIIIIINI �,:a�'
Page 234 of 274
RECORD OF SURVEY
A PORTION OF THE W 1/2 OF THE SE l/.
OF SECTION 25, TOWNSHIP 24 NORTH ( �
RANGE 1 EAST OF THE W.M. f
K17SAP COUNTY, WASHJNGTON
USE DEED DESCRIPTION i.
aarers cycaw�eva'.oaae..
' aWe ram.,r"c.fsz rav C9rc teaat4
ra,g x.acaa� Tita�e� x!_!�x wiac, taA,
EQUIPMENT t
r as 1609 a, wmwmxmom Iwo a.ac
WNW aaReaas .aaar.aa
BASIS OF BEARING
mWmm,r'waaasw airaonw sow
OMM—P-1owatiae»s—
SURVEYOR'S NOTES
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IL
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INTRUSION
DEML AREA
11'=30'
LINE TABLE.REFERENCES
am w VQNP Ol we um as 00% "A now
MOMMEmmm-
OgMW�C 101Lf Om6 oVAimR NNW �
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,eaeawaa'^ a rawnaaM,�c xRaooeiocvcsoacawo.a
armravnGa.waw �aGwt9ca73Ct +F.YGIS�EfR5 JPl'.1NFFERSa
aco ataa�r ar>mranmrae.ea¢iimo�mr.. a AH
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.�3•.,P 20034
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SURVEYOR'S CERTIFICATE
Tab.gwM�wb�w..n
fNwMM A�r�1YfgYil YlalfYM .�.b.110. SWWtT
KFCOaOWC /GTU:M/pM11 �/� �lS46_T�__—
AUDITORS CERTIFICATE
'LFlA�rn'ArNhl�y1 Ta!R!^.—Y.]C
—
+1 �,am�eY,acc u. psi _ _tict
suwv of
A PORTION O THE SW4—SE4
SECTION 25—T24N—R i E-WM.
jmuay = I=
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3095
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SCALE t •30 cck" �- "� av axss eo�a t --�
wkt! '`�4T j9A►,."*RJ►�6. , •4 �� ? 6 Q J„'r" •�!�'
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•teaee.uc ac «..:..awr ar- • r ra...a.a+r a►_.11.a- A PORTION OF THI= S.W. -S, E.
•eM+►�° �_ / S� � .`� r — SEMONP3-%24NrR/E.-W.M.
NOVEMBER 12.190
rtr�srwars�-yraracait �� awrnow_—.�?Y�':L•3�� ,.. _ _ .�
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Page 237 of 274
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.'ii f•i~ ., \, �Srr ¢i !S !j(' t ,l 31 y '! F' }1'll.r
��u��'` r�r .1 .�� 1 • IF1! ' � '� ,�t��'1 ,1x�3, ib�� .S-1�It11 1` t�{ �4}i•��#�`t>•� +it t{l.
.��'��t5� � i"� !, i'. .ti �! ,4,4 �w,e ,?' �i �'1 �Y�kk1'.f {,t,:'r" E�� 1 E la'.r ��jj��``gg// `Y �•t'� �[ 2 �}/
'p";�'' ��. r': . a T,1, ' � .T ` •.t r ,tl I�.i�, !" `��� p +,y1 i �lj�:t ��i �'r1:a. 2' o � `1t �{, � ? '$ � . • -d1t`I �t ;. , "1
L.f r�, w •? , +, •••t:•r�o�il)1,ykl(M _ i�•� t�;�r_i'.�'••',i 4'{' ►F114+Jf'i,,f 1
tfNblt ALA. 1�1 I�r THLe6 �tWtbiflts,;:t4.t: for e�la isptl�bil<j�t�p,ir tlRe., •',r:�E,`
• s►pe of i3f+IlJ.dA. reoeipt er )ithleli 1•a htfaMl• Mtioiow'1ad�oAt ,l+ho,llilZif30',aY�A�`I�'•+ r•' �Y. ° j }
i r ji
11r A=11GA, aottak by an through qu'Putlio Wo"itts A4aintsOrittons 4"s
' Aoroby �enSae,• rrleyee and quitol►in unto the yt►tY' of $Aeh , tbo ,•�' �` '
rallootnr doearltod •proprSty ■ituate In bho• 00-IW or )[itae>� t` bi ef' _• '
Washington, to w1•0t _ ' 1 ► '
,
•a a
41 •that trait or panel oi' wand ly}ag, aLtd bai»f1n►ih# O"by at'
! ritsap, State or'Neahin6ton. khd••t�U,s'that pterVitud or this peat halt `
at lhil'Southtalt gaapter 'di 141stosi 15, 'rl;naklp eh'Notth; :t*JLe 1
rasL, W.y., and tpins•noro pariteularly doa•irlbod 0,411611404i; -
hooaatng at the Rortheoit ♦orndr of laid Hest halt, thppoe,-a0uth
0`s 1y• 06 Wer►�tt alms tho.Bast•llae or sa►d w.;.% half 451?.66 root!,
MnI
ihe, South 500 131 flit 79.;r6 fopt to the NOFth vArgdn or
Sµte Re.•d 11111 i4anos a1a1g eald North reargtn, Werth $90 5%" ldta
•. host 60.00 feotNth000t Oouth 00.051 16" )lest 30.00 foot, thi11400
North ,t+'r %1 ldt',Wo%t IQ0900 fopti !heel* ,Mouth 0 OJ• 16• •HbsL'
1U.0O3hert`fi1,ao1oo,1(irtfi 090 %, e1IJI" HeeL 101.13 foot) thonee lotifag
tale' Korlfi oorgih.-forth Oo 33' 311e weat 100.00 riptf thilaoo North
' '•;t ve..1j," W601 1.90.00 root, thaw• North Of 331 3114 West 527e116
(set, thraoe.'N%rbb Obu 110, 510 XosL 11JO,u'; feet to the H4#tar1y'
1' adizgtn`laf Retail' Jtoad,, thonoo Nortil do 331 ;Jl" Host 0,a8 reed —4-0
,• i1 s111 • eurYu to Lha 1erL air uniformraditu or }lii.lrry root, hn rto
t!)et+u.oP ol, 43e.ly reet, tt.olroo North le, 34, Via Wept 55'/.62 foot,
t' tl.bnap rat a owrri, to the rlfht of .Wn(fora radius or jUO.tr*,. Caul•, on -
' am atrtatpodof ,!3.50 fojtl thevta• North Oo WO OL* SWel, IOQ11,W) (tier;,
s Lhon"t, vr.; a nerve to the r►rht• of ,mifors, r►dtas Of 900, $6 rat, a» ►fv
.+
Oget.rler of 3ta,)U rt!t) theme 1' Itu, r••a yy• 53, Kae1! 1zs., ,:-fte1, '
thsmoo`Hw•th rd'(i1. O%1' lday4 20. root, 1.146110o north B86 Jlrt '13," Y*i, `
. We.V(r l'prL to U.* point or wginnius, oontate U.g 11:I,,f10'XY.4t t¢c roY ygrsr
• Isesaf vi,,`[ Inge titw AraaLor and its ►s&ICAaae, oil, seauiansl: ror water'
Jlorp 41us 'aeaos lines as now 1fHotod within tits elwro d•a"rlr,ed
' Iwoport-t with top right or in,;resa add• orrvoa rnr Lhs pfrl•o10 of
operolits, ntlatitialaf., repairinrr, yvidesia6 or reo.uging sells w,,Lor
kif.00 avid tonal- lines.
APar,ruoprvllty, ualt. Live bh)Lvd ;,L'alaa af•ArnrinL ■fl uranlut., (y,�1urltra, ,
+ • r slid ■ i) o0tot•olalert►f s dnternined pursuoeit to roteLl at t,.lb) 1 1 of Ow
Atonlb Knprly AoL of t;tt(f (ts) titan 161) to be pvtullsrly eaapnLlsl to
• Lhe prtr,laollAqu of flrs)unA),J• naterial, 4rntatned, In rbrtevot -oil-
In dopo.iti itr Lht )otda•enraratl by •lhts Ins L•riviont Lre
j Ito, y roaarvoJ rnr the vas of Was,Unttod stater, tvjo%Aor AiLn Lhe
gISIN. or• ito titlted iUltaa througt Its, auLhorfeWvpgeats.or roprtros.-
tAlevi 016 shy tine'to eaLor upon tho lea,, ind prool•ooL rot•, also, aid
ti rot.ove Use ses.e, haua,: )wet •ItosytasrLlw, ibr any daft•,;• of lw„Itr)
\.% gaeawi.,aad'tr.rrat.,y: Rorover, ■i'h Iind Mir bo'aeed, "nA eny'rltALa
'•t othrriise'atyutrad toy bhla dJspositar rail! be *tore)scd, air if nu raa,-
'1 • oriaLlon or owls oMtartala he A boron mda-1 •soap, DADA, Mizell su"h uso.
' 1•00111ta In tha ortrLaLipn pf aay'awh'rstor)aLl rruo, tha land in yswst-
Ii.ioe rhigb ZiWr* Us LransfAr'red or de1-Ivarod wjthuut o lioonoe +a,dor
Idte'Atwdo ,Mora. Ask or 1qij6, ;1LOO1 apw oatsta on•mLy horaaCLvr be
rr
Page 238 of 274
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1 l
1 1 • ' t t111 ' 4 ' a.y .or //•�rr•t r1� . 1�t9� a�
c.'} ..';fir• tmrreDAr>s'¢r.uB:ktca 1
• 1 1 �� " a j • y'1sr PUBI.TC N /l (? 111 YI�J;l I17i
' ' ~::ni � •��.?;tl.{,� t fNy r � orl. •R o .Til�i`�id.. t
• ' BTATO W luAUp10m l '"
1 't:WNTY'41' fiINO r ••
'f •' GI lhlr"+1 daytif�J(�ct•r 1r}fi9 wrars no;, cif, �i ��rK•F�fa(,lic
• i •►'Nd.6ar��s�tt snJ�forilla',tun4yof Y.laRi :6U,le�u�hlii��to(, .Npo►r•d. 1
11• Di Nodo»li, .ts'tl. par.n■r Ily fgYlwt, +•Fio hula)! duly sttora, ,d)d;say Olt� ilo
+ 1} Wk IIYVoti01•• Off t.hs SipieWo )llold• pftlno/I Fvl•lto liousjny,iul<it■ddtrstlZr,
'i • or.044 (ii{fisd $1IAt rh ar AsWMq% siiq uljpl• uO y'1Q lnitrlwoisQ'W1Lt ►ltilod on'
• bohalf of th• Uuttod Muss of Anorlda, by autA6ribj or lair, WW Old Y.•C,
' . •Red"D s.1,lmoalodrty this lnsbrum"t .ta be tho trio sat 4W ds411 of kite lhlW
r Btatos of'A arloa, slid that'the sswl •aftlitod to the orNild seal Wow
• .Pyb116 dousing At¢sitaLst'r#Uqm.
.: , ri tBBtUIa11Y +nlLNilor ] hsrs ror.ust.•,.4 ioy *14 LLed "'frltisd w ur;l•1ia1
•qmL, this, tho dsy sad•posr.tirlt to this, :ll��iftlflaa`1s• ,.titan.
r•+j� ���•411 �lsrion .rpirN ,� % /�.• Ij �.- �+��-�t• .yl� r',.'_•
} a. �'1�'I t `t t nnnx„ i' t /7C� /��■ p...: (,�, ` •.<+• .�;�( .rC..li�
If
'�,,,y('at ',..' �'�d'el•l;t•M+''r,,t�•+���/ I M �'f''if.'1.,,� .{ I�a��+l;x'. r:..�s�'• if . r
t� •' s .iXi4 1' ' i, � �:D'il it Ito ' C a, ro•' ..•. � t + • ' / r, r ' ,� •
� �lr •+tR'�e�; �!'2r'•i •` 1 a. '1;'' !�; .t • ✓ .: j. u i ,
•c
I
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I
14
W
Page 239 of 274
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Page 240 of 274
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Offico Flle No.: E-260052
Reference:
Lender Ref;
EXHIBIT "A"
DESCRIPTION:
THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE
SOUTHWEST QUARTER OR THE SOUTHEAST QUARTER, SECTION 26, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, CONVEYED TO KITSAP COUNTY IN
DEED RECORDED UNDER AUDITOR'S FILE NO. 1168965 AND FURTHER DESCRIBED AS
FOLLOWS:
ALL THAT PORTION OR PARCEL OF LAND LYING AND BEING IN THE COUNTY OF KITSAP,
STATE OF WASHINGTON, AND BEING THAT PORTION OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF SECTION 25, TOWNSHIP 24 NORTH, RANGE 1 EAST, WILLAMETTE
MERIDIAN, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF SAID WEST HALF; THENCE SOUTH 0.29'08"
WEST ALONG THE EAST LINE OF SAID WEST HALF 2517.68 FEET; THENCE SOUTH 58013'11"
WEST 79.66 FEET TO THE NORTH MARGIN OF STATE ROAD NO. 160, FORMERLY KNOWN AS
STATE ROAD NO, 14, THENCE ALONG SAID NORTH MARGIN, NORTH 89-64'44" WEST 60.00
FEET; THENCE SOUTH 0°05'16" WEST 30.00 FEET; THENCE NORTH 89°64'44" WEST 100.00
FEET: THENCE SOUTH 0°06'18" WEST 10.00 FEET; THENCE NORTH 89°64'44" WEST 101.13
FEET; THENCE LEAVING SAID NORTH MARGIN, NORTH 0°33'34" WEST 100.00 FEET; THENCE
NORTH 89°5444" WEST 120.00 FEET; THENCE NORTH 0033134" WEST 527.46 FEET; THENCE
NORTH 88040'57" WEST 140.07 FEET TO THE EASTERLY MARGIN OF RETSIL ROAD; THENCE
NORTH 0"33`34" WEST 0.58 FEET; THENCE ON A CURVE TO THE LEFT OF UNIFORM RADIUS
OF 316.69 FEET, AN ARC DISTANCE OF 232.15 FEET; THENCE NORTH 42°33'34" WEST 357.61
FEET; THENCE ON A CURVE TO THE RIGHT OF UNIFORM RADIUS OF 300.65 FEET, AN ARC
DISTANCE OF 223.50 FEET: THENCE NORTH 0°02'52" EAST 1004.70 FEET; THENCE ON A
CURVE TO THE RIGHT OF UNIFORM RADIUS OF 200.36 FEET, AN ARC DISTANCE OF 318.30
FEET; THENCE SOUTH 89°65'63" EAST 123.38 FEET: THENCE NORTH 1°04'07" EAST 20.00
FEET; THENCE SOUTH 88955'53" EAST 692.06 FEET TO THE POINT OF BEGINNING.
Page 241 of 274
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RESOLUTION NOeL7 C/ 1977
W!{ERHAS, a budget is required for Human Bervice Center
Construction fund number 302-060-300.
THEREFORE, HE IT RISOLM by the Board of County Commissioners
in regular session assembled, that Human Service Canter Construction
budget as submitted is accepted and approved,
ADOPTED this t?.7 Clt day of July, 1977.
ATTEM
TED WRIGHT
County Auditor 6 Ex-Officio
Clark of the Board
SXc
<x
AUDITOR
BOARD OF COUNTY COMMISSIONERS
KITS" COUNTY, WASHINOPON
I
SSI HER
COMMONER
Page 242 of 274
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Page 243 of 274
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^111lual "UUg%:t
M91, Leve!
Code
]Estimated
COUNTY
KITSAP
YEAR r.�.
1977
PAGE
+••.
Revenue
FUND 302-060-300
HUMAN SERVICE CWHR CONSTRUCTION
ACCOUNT
NO,
DESCRIPTION
YEAR
YEAR
YEAR
YEAR
1977
Be Sub.
Ele.
ACTUAL,
ESTIMATE
TO JUNE 30
ESTIMATE
300
00
Revenaa
330
00
Intergovernmental Revonue
334
00
state Grants
334
60
Mental & Physieal Health
119,000
Page 244 of 274
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PRISM Project Snapshot - Washington State Recreation and Conservation Office Page 1 of 4
WASHINGTON STATE
Recreation and
Conservation Office
Project Snapshot
PRISM Project #01-1160 (Completed)
Veterans Memorial Park 01
Project Details
Project Status: Closed Com f
Project Type: Development
Prolect Sponsor: Kitsap Count
1664) Altachment #226349, Baseball diamoM
Project Description
Funding Board: Recreation aI
Board
Funding
Land and Water Conservation: $277,19:
Total RCO Grant: $277,19:
Sponsor Match: $277,19:
Total Agreement: $554,381
Links
Original Project Agreement
Amendments: 4
Attachments: 29 files
This project will renovate two softball fields at the existing Veterans Memorial Park in Port
Orchard. The fields will be designed for girl's softball, but will be available for use by other
groups as well. Project elements including engineering, site preparation, irrigation, and field
turf. An accessible pathway will link the renovated fields to the existing parking are and
restrooms.
Project Contacts
Project Sponsor: Kitsap County Parks and
Recreation
Project Terri Lyman
Contact:
(360) 337-5358
Funding Agency: Recreation and Conservation Office
https://secure.rco.wa.gov/prism/search/ProjeetWpsUiaspx?PiojectNumber O1-1160 10/5/2020
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PRISM Project Snapshot - Washington State Recreation and Conservation Office
Project Kim Sellers
Manager: kim.sellers@rco.wa.gov
(360) 280-6466
Project Location
General Area:
Site is located east
of downtown Port
Orchard in Kitsap
County
County:
Kitsap
Legislative Districts
26
2012:
Congressional
06
Districts 2012:
Sections:
25
Township:
T24NR01 E
Coordinates:
47.54041965
-122.61764286
Worksites
Worksite Name
Scope of Work
Veterans Memorial
Architectural & Engineering (A&E), Baseball
Park (Kitsap County)
field development, General site preparation,
(#1)
Install fencing/barriers, Install site furnishings,
Landscaping improvements, Multi -purpose
field development, Obtain permits, Trail
development
Total
mry rot bocanpWe
Properties
Worksite Name
Veterans Memorial Park
(Kitsap County) (#1)
n" rot b. cmVift
Project Permits
Permit Type
Building Permit
Property Name
Property 1 - Veterans
Memorial Park
Actual Development
Cost
$126,685
Landowner
Type
Local
Government
Total
Applied Received Expiration
Date Date Date Permit Number
$126,685
E
E
Page 246 of 274
https://secuiv.rco.wa.gov/prism/search/ProjectSnapshot.aspx?ProjectNumber=Ol -1160 10/5/2020
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PRISM Project Snapshot - Washington State Recreation and Conservation Office l'agc 3 of 4
Clear and Grade Permit
SEPA
Special Use
Project Milestones
Milestone Name
Target Date Description
Project Start
08/16/2006
RFP Complete/Consultant Hired
08/31/2006
Consultant hired prior to project start date
A&E Complete/Permits Submitted
08/31/2006
Permits submitted prior to project start date
Plans/Specs Reviewed Mgmt Agy
08/31/2006
Bid Awarded
09/15/2006
Construction Started
10/15/2006
Proposed Completion Date
12/30/2006
Annual Project Billing Due
06/30/2007
Annual Project Billing Due
07/31/2008
Agreement End Date
12/31/2008
Approved by the RCFB 3127/08, Resolution
#2008-010
Final Docs/Billing to Mgmt Agy
02/28/2009
Project Attachments
Attachment Type
Attachment Title
Attach Date
Agreement - State
01-1160 Recreational Use Agreement.pdf
12/23/2014
Agreement - State
Agreement.pdf
03/04/2010
Amendment - State
Veterans Memorial Park Amendment.pdf
10/09/2007
Correspondence
7/7/11 Letter Re: Veterans Park Grant Restrictions. pdf
06/16/2014
Correspondence
0 Kitsap Co Parks letter.pdf
09/05/2013
Correspondence
Veterans Letter to KCO re Water.pdf
10/12/2011
Correspondence
01-1160veterans_closeout _nps.doc
08/11/2011
Correspondence
Veterans Park Grant Restrictions Letter.pdf
07/13/2011
Correspondence
-Recreational Use agreement.pdf
03/04/2010
Deed
Use Deed.pdf
03/04/2010
Inspection Report
Inspection Report, #368 (Submitted 06/09/15
06/09/2015
14:42:40).pdf
Inspection Report
011160-ispci rprt.pdf
12/10/2008
Inspection Report
Veterans Dugout ADA Access.jpg
11/07/2008
Map: Boundary map
existing amenities.jpg
10/02/2006
Photo
Beautiful grass soccer field Jpg
06/09/2015
Photo
Baseball diamond.jpg
06/09/2015
Photo
Veteran's Memorial Park sign by Kitsap Co..jpg
06/09/2015
Photo
Cell Tower Removed.jpg
10/12/2011
Photo
Ballfield Access.jpg
10/14/2008
Photo
Veterans ADA Parking & Access.jpg
10/14/2008
Photo
ADA Access to Athletic Fields.jpg
10/14/2008
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PRISM Project Snapshot - Washington State Recreation and Conservation Office Page 4 of 4
Photo
Veterans Fields.jpg
10/14/2008
Photo
Area to renovate.jpg
10/18/2002
Photo
Old play equipment.jpg
10/18/2002
Photo
Fields.jpg
10/18/2002
Photo
Main parking area.jpg
10/18/2002
Photo
soccer field.jpg
10/18/2002
Plan
Preliminary design.jpg
10/02/2006
Date of last change: 11/1312018
Page 248 of 274
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RECREATIONAL USE AGREEMENT
Kitsap County/South Kitsap Soccer Club Association
Regarding Veterans Memorial Park (Retell Park) Soccer Complex
THIS' AGREEMENT* Is entered into by and between Kitsap
County, through the Kitsap County Parks Department, and South Kitsap
Soccer Club Association In regard to the Veterans Memorial.Park's
Soccer Complex area.
WHEREAS, there exists a need for additional play areas for
soccer; and
WHEREAS, the Kitsap County Parks Department is desirous of
further developing the Soccer Complex located at Veterans Memorial
Park (Retsil Park); and
WHEREAS, mutual benefits will accrye to the parties hereto
If Kitsap County funds and South Kitsap Soccer Club Association
funds are combined for development of the Soccer Complex; and
WHEREAS, Kitsap County is authorized to establish And
develop parks and playgrounds for public recreation;
NOW. THEREFORE, in consideration of the mutual covenants
•herein contained, Kitsap County and the South Kitsap Soccer Club
Association agree as follows:
Section I, Ownership and Control of Property. Kitsap
County 's•property shall remain under its sole ownership and control
and the interlocal agreement between Kitsao,county and South Kitsap
School, District (contract 'MKC0056—Bo) regarding this property shall
remain in full force and effect.
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Section 2. Use and Scheduling of the Soccer Complex. The
South Kitsap Soccer club Association shall receives priority use of
the Soccer Complex-frouf 7uly 1 through December 31 of each year
during the term of this agreement. open days in the schedule shall
be available for use by other teams, organizations or Individuals
for play upon their request. The Soccer Compleg shall be open to
the general public at all other times subject t6 maintenance
requirements. The South Kitsap Soccer Club Association will advise
Kitsap County of its proposed schedule in regard to the Soccer
Complex on or before the -� day of of each year
during the term of this agreement.
Section 3, Deuslopment, The South Kitsap Soccer club
Association will provide $10,000.00 towards the development of the
Soccer Complex and a storage -shed,
Section 4. User Fees. No user fee will be charged to the
South Kitsap Soccer Club Association in lieu of the contribution to
Kitsap County Parks Department towards development of the Soccer
complex.
SectJon 5. Storage Shed- The South Kitsap Soccer, Club
Association shall have the right of sole use of the storage shed
referenced in section 3 of this agreement. If the storage shed is
not used to its full capacity (50% or more), the Kitsap County Parks
Department may utilize the excess area. fhb` building shall remain
the sole property of Kitsap County Parks Department..
Section 6. fffectiue Date. This agreement shall be
effective upon subscription by the South Kitsap Soccer Club
2.
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Association and Kitsap County.
Section 7. Term. The term of this agreement shall be for
a period of twenty—five (25) years. At the end of such term, this
agreement may be renewed for a like term at the option of the South
Kitsap Soccer Club Association.
Section s. Concessions, The South Kitsap Soccer Club
Association shall have the right to operate a concession stand at
the Soccer Complex during the hours the Association uses the Soccer
Complex pursuant to this agreement, and shall be entitled to' the
proceeds of any such concession sales.
Section 9, Integration. This agreement constitutes a
complete Integration of the terms and conditions agreed upon between
the parties and can only be amended by an instrument in writing
executed by both parties.
DATED this "d of 19 0(0
BOAR OF COUNTY COMMISSIONERS
KxTSAP COUNTY, WASHINGTON
ATTEST,;,.
of, the Board
Commissioner
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SOUTH-KITSAP SOCCER CLUB ASSOCIATION
4.
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LAND AND WATER CONSERVATION FUND
PROJECT AGREEMENT GENERAL PROVISIONS
Part 1- Definitions
A. The term "NP.S" or "Service" as used herein means the National Park Service, United States Department of
the Interior.
B. The term "Director" as used herein means the Director of the National Park Service, or any representative
lawfully delegated the authority to act for such Director,
C. The term "Manual' as used herein means the Land and Water Conservation Fund Grants Manual (NPS-34).
D. The term "project" as used herein means a single project, a consolidated grant, a project element of a
consolidated grant, or project stage which Is subject to the project agreement.
E. The term "State" as used herein means the State or Territory which Is a party to the project agreement, and,
where applicable, the political subdivision or public agency to which funds are to be transferred pursuant to
this agreement: Wherever a term, condition, obligation, or requirement refers to the State, such term,
condition, obligation, or requirement shall also apply to the recipient political subdivision or public agency,
except where it is clear from the nature of the term, condition, obligation, or requirement that it is to apply
solely to the State. For purposes of these provisions, the terms "State," "grantee," and "recipient" are
deemed synonymous.
F. The term "Secretary" as used herein means the Secretary of the Interior, or any representative lawfully
delegated the authority to act for such Secretary.
Part II - Continuing Assurances
The parties to the project agreement specifically recognize that the Land and Water Conservation Fund assistance
project creates an obligation to maintain the property described In the project agreement consistent with the Land
and Water Conservation Fund Act and the following requirements.
Further, It Is the acknowledged intent of the parties hereto that recipients of assistance will use moneys granted
hereunder for the purposes of this program, and that assistance granted from the Fund will result in a net increase,
commensurate at least with the Federal cost -share, in a participant's outdoor recreation, It Is intended by both
parties hereto that assistance from the Fund will be added to, rather than replace or be substituted for, State and
local outdoor recreation funds.
A. The State agrees, as recipient of this assistance, that it will meet the following specific requirements and
that it will further Impose these requirements, and the terms of the project agreement, upon any political
subdivision or public agency to -which funds are transferred pursuant to the project agreement. The State
also agrees that it shall be responsible for compliance with the terms of the project agreement by such a
political subdivision or public agency and that failure by such political subdivision or public agency to so
comply shall be deemed a failure by the State to comply with the terms of this agreement.
B. The State agrees that the property described in the project agreement and the signed and dated project
boundary map made part of that agreement is being acquired or developed with Land and Water
Conservation Fund assistance, or Is Integral to such acquisition or development, and that, without the.
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approval of the Secretary, it shall not be converted to other than public outdoor recreation use but shall be
maintained In public outdoor recreation in perpetuity or for the term of the lease In the case of leased
property. The Secretary shall approve such conversion only If it Is found to be in accord with the then
existing comprehensive statewide outdoor recreation plan and only upon such conditions deemed
necessary to assure the substitution of other recreation properties of at least equal fair market value and of
reasonably equivalent usefulness and location. This replacement land becomes subject to Section 6(f)(3)
protection. The approval of a conversion shall be at the sole discretion of the Secretary, or his designee.
Prior to the completion of this project, the State and the Director may mutually alter the area described In
the project agreement and the signed and dated project boundary map to provide the most satisfactory
public outdoor recreation unit, except that acquired parcels are afforded Section 6(f)(3) protection as Fund
reimbursement is provided.
In the event the NPS provides Land and Water Conservation Fund assistance for the acquisition and/or
development of property subject to reversionary Interests with full knowledge of those reversionary
Interests, conversion of said property to other than public outdoor recreation uses as a result of such
reversionary Interest being exercised Is approved. In receipt of this approval, the State agrees to notify the
Service of the conversion as soon as possible and to seek approval ofrepiacement property in accord with
the conditions set forth in these provisions. The State further agrees to effectuate such replacement within
a reasonable period of time, acceptable to the Service, after the conversion of property takes place. The
provisions of this paragraph are also applicable to; leased properties acquired and/or developed with Fund
assistance where such lease Is terminated prior to Its full term due to the existence of provisions In such
lease known and agreed to by the Service; and properties subject to other outstanding rights and Interests
that may result In a conversion when known and agreed to by the Service.
C. The State agrees that the benefit to be derived by the United States from the full compliance by the State
with the terms of this agreement is the preservation, protection, and the net increase In the quality of public
outdoor recreation facilities and resources which are available to the people of the State and of the United
States, and such benefit exceeds to an Immeasurable and unascertainable extent the amount of money
furnished by the United States by way of assistance under the terms of this agreement. The State agrees.
that payment by the Stale to the United States of an amount equal to the amount of assistance extended
under this agreement by the United States would be Inadequate compensation to the United States for any
breach by the State of this agreement. The State further agrees, therefore, that the appropriate remedy In
the event of a breach by the State of this agreement shall be the specific performance of this agreement.
D. The State agrees to comply with the policies and procedures set forth In the Land and Water Conservation
Fund Manual. Provisions of said Manual are Incorporated into and made a part of the project agreement.
E. The State agrees that the property and facilities described In the project agreement shall be operated and
maintained as prescribed by Manual requirements.
F. The State agrees that a permanent record shall be kept in the participant's public property records and
available for public Inspection to the effect that the property described In the scope of the project
agreement, and the signed and dated project boundary map made part of that agreement, has been
acquired or developed with Land and Water Conservation Fund assistance and that it cannot be converted
to other than public outdoor recreation use without the written approval of the Secretary of the Interior.
G. N nd s¢riminnfinrt
1. By signing the LWCF agreement, the State certifies that it will comply with all Federal laws relating to
nondiscriminatign as outlined In the Civil Rights Assurance appearing at Part lil-I herein.
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2. The State -shall not discriminate against any person on the basis of residence, except to the extent
that reasonable differences in admission or other fees may be maintained on the basis of residence as
set forth in the Manual:
Part III - Project Assurances
The State shall comply with applicable regulations, policies, guidelines and requirements Including OMB
Circular A-102 (Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments), 43 CFR Part 12 (Administrative and Audit Requirements and Cost Principles for
Assistance Programs, Department of the Interior), A-87 (Cost Principles for State and Local Governments),
and A-128 (Audits of State and Local Government) as they relate to the application, acceptance and use of
Federal funds for this federally assisted project.
1. The Application for Federal Assistance bearing the same project number as the agreement and
associated documents is by this reference made a part of the agreement.
2. The State possesses legal authority to apply for the grant, and to finance and construct the proposed
facilities. A resolution, motion or similar action has been duly adopted or passed authorizing the filing
of the application, Including all understandings and assurances contained herein, and directing and
authorizing the person identified as the official representative of the State to act In connection with the
application and to provide such additional information as may be required.
3. The State has the ability and intention to finance the non -Federal share of the costs for the project.
Sufficient funds will be available to assure effective operation and maintenance of the facilities
aoquired or developed by the project.
1. The project period shall begin with the date of approval of the project agreement or the effective date
of a waiver of retroactivity and shall terminate at the end of the stated or amended project period
unless the project is completed or terminated sooner in which event the project shall end on the date
of completion or termination. For project elements added to a consolidated grant, the project period
will begin on the date the project element is approved.
2. The State shall transfer to the project sponsor identified In the Application for Federal Assistance or
the Description and Notification Form all funds granted hereunder except those reimbursed to the
State to cover administrative expenses.
3. The State will cause work on the project to be commenced within a reasonable time after receipt of
notification that funds have been approved and assure that the project will be prosecuted to
completion with reasonable diligence.
4. The State will require the facility to be designed to comply with the Architectural Barriers Act of 1968
(Public Law 90-480) and DOI Section 504 Regulations (43 CFR Part 17). The State will be
responsible for conducting inspections to insure compliance with these specifications by the
contractor.
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6. The State shall secure completion of the work in accordance with approved construction plans and
specifications, and shall secure compliance with all applicable Federal, State, and local laws and
regulations.
6. In the event the project covered by the project agreement, including future stages of the project,
cannot be completed In accordance with the plans and specifications for the project; the State shall
bring the project to a point of recreational usefulness agreed upon by the State and the Director or his
designee.
7. The State will provide for and maintain competent and adequate architectural/engineering supervision
and Inspection at the construction site to Insure that the completed work conforms with the approved
plans and specifications; that it will furnish progress reports and such other information as the NPS
may require.
8. The State will comply with the terms of Title II and Title III, the Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970 (P.L. 91-646), 94 Stat. 1894 (1970), and the applicable
regulations and procedures implementing such Act for all real property acquisitions and where
applicable shall assure that the Act has been compiled with for property to be developed with
assistance under the project agreement.
9. The State will comply with the provisions. of. Executive Order 11988, relating to evaluation of flood
hazards; Executive Order 11288, relating to the prevention, control, and abatement or water pollution,
and Executive Order 11990 relating to the protection of wetlands.
10. The State will comply with the flood Insurance purchase requirements of Section 102(a) of the Flood
Disaster Protection Act of 1913, Public Law 93-234, 87 Stat. 976. approved December 31, 1970.
Section 102(a) requires the purchase of flood Insurance in communities where such Insurance is
available, as a condition for the receipt of any Federal financial assistance for construction or
acquisition purposes, for use in any area that has been Identified as an area having special flood
hazards by the Flood Insurance Administration of the Federal Emergency Management Agency. The
phrase "Federal financial assistance" includes any form of loan,'grant, guaranty, insurance payment,
rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal
assistance.
11. The State will Insure that the facilities under its ownership, lease or supervision which shall be utilized
in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list
of Violating Facilities, pursuant to 40 CFR, Part 15.20 and that it will notify the NPS of the receipt of
any communication from the Director of the EPA Office of Federal Activities indicating that a facility to
be utilized in the project is under consideration for listing by the EPA. The State agrees to comply with
all applicable standards, orders, or regulations Issued pursuant to the Clean Alr Act of 1970. The
State further agrees to Insert this clause Into any contract or subcontract in excess of $100,000.
12. The State will assist the NPS in its compliance with Section 106 of the National Historic Preservation
Act of 1966 as amended,(16 U.S.C. 470), Executive Order 11593, and the Archaeological and Historic
Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic
Preservation Officer on the conduct of Investigations, as necessary, to Identify properties listed in or
eligible for inclusion in the National Register of Historic Places that are subject to effects (see CFR
Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such
properties, and by (b) complying with all requirements established by the Federal grantor agency to
avoid or mitigate adverse effects upon such properties.
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13. The State will comply with Executive Order 12432, "Minority Business Enterprise Development as
follows:
(1) Place minority business firms on bidder's mailing lists.
(2) Solicit these firms whenever they are potential sources of supplies, equipment, construction, or
services.
(3) Where feasible, divide total requirements Into smaller needs, and set delivery schedules that will
encourage participation by these firms.
(4) For any project involving $500,000 or more in grant assistance (except for projects involving
acquisition only) the State or recipient shall submit, prior to the commencement of construction
and every fiscal year. quarter thereafter until project completion, reports documenting the efforts
to hire minoiily business firms. These reports, SF 334, will be submitted one month following the
end of each fiscal quarter (Le., January 31, April 30, July 31, and October 31) to -the appropriate
National Park Service Regional Office.
(5) The Department of the Interior Is committed to the objectives of this policy and encourages all
recipients of Its grants and cooperative agreements to take affirmative steps to ensure such
fairness.
The National Park Service Regional Offices will work closely with the States to ensure full compliance
and that grant recipients take affirmative action In placing a fair share of purchases with minority
business firms.
14. The State will comply with the Intergovernmental review requirements of Executive Order 12372.
1. Contracts for construction shall comply with the provisions of 43 CPR Part 12 (Administrative and
Audit Requirements and Cost Principles for Assistance Programs, Department of the Interior).
2. No grant or contract may be awarded by any grantee, subgrantee or contractor of any grantee or
subgrantee to any party which has been debarred or suspended under Executive Order 12649. By
signing the LWCF agreement, the State certifies that it will comply with debarment and suspension
provisions appearing at Part ill-J herein.
3. In accordance with the "Stevens Amendment" (to Section 623 of the Treasury, Postal Service and
General Government Appropriations Act), for procurement of goods and services (Including
construction services) having an aggregate value of $500,000 or more, the amount and percentage
(of total costs) of federal funds Involved must be specified in any announcement of the awarding of a
contract.
1. Financial records, supporting documents, statistical records, and all other records pertinent to this
grant shall be retained In accordance with 43 CFR Part 12 for a period of three years; except the
records shall be retained beyond the three-year period If audit findings have not been resolved.
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2. The retention period starts from the date of the final expenditure report -for the project or the.
consolidated project element.
3. State and local governments are authorized to substitute microfilm copies In lieu of original records.
4, The Secretary of the Interior and the Comptroller General of the United States, or any of their duty
authorized representatives, shall have access to any books, documents, papers, and records of the
State and local governments and their subgratltees which are pertinent to a specific project for the
purpose of making audit, examination, excerpts and transcripts,
1. The Director may temporarily suspend Federal assistance under the project pending corrective action
by the State or pending a decision to terminate the grant by ihe,Service.
2. The State may unilaterally terminate the project or consolidated project element at any time prior to
the first payment on the project or consolidated project element. After the initial payment, the project
may be terminated, modified, or amended by the State only by mutual agreement.
3. The Director may terminate the project in whole, or in part, at any time before the date of completion,
whenever It is determined that the grantee has failed to comply with the conditions of the grant. The
Director will promptly notify the State In writing of the determination and the reasons for the
termination, together with the effective date. Payments made to States or recoveries by the Service
under projects terminated for cause shall be In accord with the legal tights and liabilities of the parties.
4. The Director or State may terminate grants in whole, or In part at any time before the date of
completion, when both parties agree that the continuation of the project would not produce beneficial
results commensurate with the further expenditure of funds. The two parties shall agree upon the
termination conditions, including the effective date and, In the case of partial termination, the portion to
be terminated. The grantee shall not incur new obligations for the terminated portion after the
effective date, and shall cancel as many outstanding obligations as possible. The NIPS may allow full
credit to the State for the Federal share of the noncancelabie obligations, properly Incurred by the
grantee prior to termination.
6. Termination either for cause or for convenience requires that the project in question be brought to a
stbte of recreational usefulness agreed upon by the State and the Director or that all funds provided
by the National Park Service be returned.
G. l nbbying yvith Apprn rn iata Rindn
The State must certify, for the award of grants exceeding $100,000 In Federal assistance, that no Federally
appropriated funds have been paid or will be paid, by or on behalf of the State, to any person for Influencing or
attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress In connection with the awarding, extension, continuation,
renewal, amendment, or modification of this grant. In compliance with Section 1352, title 31, U.S. Code, the State
certifies, as follows:
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The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal. appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for Influencing orettempting to Influence an officer or employee of an agency, a Member of Congress, and
officer or employee of Congress, or an employee of a Member of Congress In connection with the awarding of any
Federal contract, the making of any federal grant, the making of any Federal loan, the entering Into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for Influencing
or attempting to Influence an officer or employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress In connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to
Report Lobbying, "In accordance with Its instructions.
(3) The undersigned shall require that the language of this certification be Included In the award documents for all
subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subraciplents she# certify accordingly.
This certification Is a material representation of fact upon which reliance was placed when this transaction was
made or entered Into. Submission of this certification is a prerequisite for making or entering Into this transaction
Imposed by Section 1352, title 31, U.S. Code. Any person who falls to file the required certification shall be
subject to a cIv# penalty of not less than $10, 000 and not more than $100, 000 for each such failure.
In compliance with the Drug -Free Workplace Act of 1988 (43 CFR Part 12, Subpart D), the State certifies, as
follows:
The grantee certifies that 8 will or continue to provkle a drug -free workplace by.•
(a) Publishing a statement nolllying employees that the unlawful manufacture, distribution, dispensing, possession,
or use of a controlled substance Is prohlbited7n the grantee's workplace and spec"g the actiorw that w#I be
taken against employees for violation of such prohibition;
(b) Establishing an ongoing drug -free awareness program to Inform employees about:
(1) The dangers of drug abuse In the workplace,
(2) The grantee's policy of maintaining a drug -free workplace,
(3) Any available drug counseling, rehabilitation, and employee assistance programs; and
(4) The penalties that may be Imposed upon employees for drug abuse violations occurring In the
workplace;
(c) Making It a requirement that each employee to be engaged In the pertormance of a grant be given a copy of
the statement required by paragraph (a);
(d) Notifying the employee In the statement required by paragraph (a) that, as a condition of employment under the
grant, the employee will:
(1) Abide by the terms of the statement; and
(2) Notify the employer In writing of his or her conviction for a violation of a criminal drug statute occurring In
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the workplace no later than five calendar days after such conviction;
(e) Notifying the agency In writing, within ten calendar days,after receiving notice under subparagraph (d)(2) from
an employee or otherwise, receiving actual notice of such conviction. Employers of convicted employees must
provide notice, including position title, to every grant officer on whose grant activity the convicted employee was
working, unless the Federal agency has designated a central point for the receipt of such notices. Notice shall
Include the identification number(s) of each affected grant,
(0 Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph (d)(2), with
respect to any employee who Is so convicted;
(1) Taking appropriate personnel action against such -an employee, up to and Including termination,
consistent with the requirements of the Rehabilitation Act of 1973, as amended; or
(2) Requiring such employee to participate satisfactorily In a drug abuse assistance or rehabilitation
program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate
agency;
(g) Making a good faith effort to continue to maintain a drug -free workplace through Implementation of paragraphs
(a), (b), (c), (d), (e) and (0.
The State must include with its application for assistance a specification of the sfte(s) for the performance of work
to be done in connection with the grant.
I. rivii Rjgatc Assuranr a
The State certifies that, as a condition to receiving any Federal assistance from the Department of the Interior, it
will comply with all Federal laws relating to nondiscrimination. These laws lnclude, but are not limited to; (a) Title
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1), which prohibits discrimination on the basis of race, color, or
national origin, (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794), which prohibits
discrimination on the basis of handicap; (c) the Age Discrimination Ad of 1975, as amended (42 U.S.C. 6101 at
seq.), which prohibits discrimination on the basis of age, and applicable regulatory requirements to the and that no
person in the United States shall, on the grounds of race, color, national offgln, handicap or age, be excluded from
participation• In, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity
conducted by the applicant. THE APPLICANT HEREBY GIVES ASSURANCE THAT it will Immedlately take any
measures necessary to effectuate this agreement.
THIS ASSURANCE shall apply to all aspects of the applkent's operations Including those parts that have not
received or benefitted from Federal financial assistance.
If any.real property or structure thereon is provided or Improved with the aid of Federal financial assistance
extended to the Applicant by the Department, this assurance shall obligate the Applicant, or In the case of any
transfer of such property, any transferee, for the period during which it retains ownership or possession of the
property. In all other cases, this assurance shall obligate the Applicant for the period during which the Federal
financial assistance Is extended to It by the Department.
THIS ASSURANCE Is given in consideration of and for the purpose of obtaining any and all Federal grants, loans,
contracts, property, discounts or other Federal financial assistance extended after the date hereof to the Applicant
by the Department, Including installment payments after such date on account of applications for Federal financial
assistance which were approved before such date.
The Applicant recognizes and agrees that such Federal Mandel assistance will be extended In reliance on the
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representations and agreements made In this assurance, and that the United State shall have the right to seek
judicial enforcement of this assurance. This assurance Is binding on the Applicant, Its successors, transferees,
assignees, and subreclplents and the person whose signature appears on the grant agreement and who Is
authorized to sign on behalf of the Applicant.
R)lIM.: a 7 7: ,7,E.-iTGiiT:Tiki.
Certification Regarding Debarment, Suspension and Other
Responsibility Matters - Primary Covered Transactions
(1) The prospective primary participant certifies to the best of Its knowledge and belief, that It and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission of fraud or a criminal offense In connection with obtaining, attempting to
obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation
of Federal or State antitrust statutes or commission or embezzlement, theft, forgery, bribery, falslflcatlon or
destruction of records, making false statement, or receiving stolen property;
(c) Are not presently Indicted for or otherwise criminally or clvflty charged by a govemm6ntal entity (Federal,
State or local) with commission of any of the offenses enumerated In paragraph (1)(b) of this certification; and
(d) Have not within a three-year period preceding this applicatfonfproposal had one or more public
transactions (Federal, State or local) terminated for cause or default,
(2) Where the prospective primary participant Is unable to certify to any of the statements In this certification, such
prospective participant shall attach an explanation to this proposal.
The State further ragrees that it will include the clause "Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transactions" appearing below In any agreement entered into with
lower tier participants in the Implementation of this grant. Department of interior Form 1954 (DI-1954) may be
used for this purpose.
Certification Regarding Debarment, Suspension, Ineligibility
and Voluntary Exclusion - Lower Tier Covered Transactions
(1) The prospective lower tier participant certifies, by submission of this application that neither It nor its
principals Is presently debarred,suspended, proposed for debarment, declared ineligible, or voluntarily excluded
from padkipation In this transaction by any Federal department or agency.
(2) More the prospective lower tier participant Is unable to certify to any of the statements In this
certification, such prospective participant shall attach an explanation to this application.
-9-
3/95
Page 261 of 274
Back to Agenda
LWCF Project Agreement
Recreation Resource Account
Project Sponsor: Kitsap County Parks and Rec
Project Title: Veterans Memorial Park
Project Number: 01-11601)
Approval Date: 1/30/2002
A. PARTIES OF THE AGREEMENT
This Project Grant Agreement (Agreement) is entered Into between the Interagency Committee for Outdoor
Recreation (IAC), P.O. Box 40917, Olympia, Washington 98504-0917 and Kitsap County Parks and Rec, 614_ Division
Street, Port Orchard, WA 98366 (Sponsor) and shall be binding upon the agents and all persons acting by or through
the parties.
B. PURPOSE OF AGREEMENT •
This Agreement sets out the terms and conditions by which a grant Is made from the Recreation Resource Account of
the State of Washington's General Fund. The grant Is administered by the LAC to the Sponsor for the project named
above.
C. DESCRIPTION OF PROJECT
The subject Project Is described on the attached Project Summary.
D. TERM OF AGREEMENT
The Project Sponsor's on -going obligation for the above project Is perpetual unless otherwise Identified In this
Agreement,
E. PERIOD OF PERFORMANCE
The Project reimbursement period shall begin_on August 16, 2006 and end on March 31, 2007. No expenditure
made before or after this period is eligible for reimbursement unless Incorporated by written amendment Into this
Agreoment.
F. PROJECT FUNDING
The total grant award provided by the IAC for this project shall not exceed S277,193.00. The IAC shall not pay any
amount beyond that approved for funding of the project. The Sponsor shall be responsible for all total project costs
that exceed this amount. The contribution by the Sponsor toward work on this project at a minimum shall be as
Indicated below:
IAC - Land and Water Conservation
Percentage
50.00%
Dollar Amount
$277,193.00
Project Sponsor 50,00% $277,193.00
Total Project Cost 100.00% $554,386.00
G. RIGHTS AND Ot UGATiONS
All rights and obligations of tho parties to this Agreement are subject to this Agreement and Its attachments, Including
the Sponsor's Application, Project Summary, Eligible Reimbursement Activities Report, Project Milestones, and the
General Provisions, ail of which are attached hereto and incorporated herein.
Except as provided herein, no alteration of any of the terms or conditions of this Agreement will be effective unless
provided In writing. All such alterations, except those concerning the period of performance, must be signed by both
parties. Period of performance extensions need only be signed by IAC's Director:
The Sponsor has read, fully understands and agrees to be bound by all terms and conditions as set forth in these
documents.
LWOF PmIW Aareement
ChapW 79k28 RCW, Ctwler.286 WAC
1ROJAG t.RPT
Recreation Resource Account
Page 1 of 2
Page 262 of 274
Backto Agenda
Land anw 'Water Conservation Program:.'
[AlulwOREE0TION post -Evaluation Project Summary
1 rY
TITLE: Veterans Memorial Park NUMBER: 01-1160D (Development)
STATUS: Director Approved
SPONSOR: Kilsap County Parks and Rec EVALUATION SCORE: 10.0000
BOARD RANKING:
COSTS: SPONSOR MATCH:
Land and Water Conservation $277.193 50% Appropriation 1 Cash
Local $277,193 50%
Total $554,386 100%
DESCRIPTION:
This project will renovate two softball fields at the existing Veterans Memorial Park In Port Orchard. The fields will
be designed for girrs softball, but will be available for use by other groups as well. Project elements Including
engineering; site.preparationi lrrigatlon, and. field turf. An accessible pathway will link the renovated fields to the
existing parking are and restrooms.
LOCATION INFORMATION:
Site Is located east of downtown Port Orchard In Kitsap County
COUNTY: KNsap
SCOPE (ELEMENTS):
Athletic Fields Park Furniture Trails
Fencing & Gates- Permits
Landscaping Site Preparation
ANTICIPATED ACREAGE:
Acres To Acres To Acres To
ACREAGE TYPE Be Acquired Be Dev/Restored Be Renovated
Uplands 5.00
FISCAL YEAR: 2002 DATE PRINTED: C)CWW 2, 2006
1Pi PSUMIAPT
Page 263 7of 274
Veterans Memorial Park
Back to Agenda
� lutrnrdntry
"
. our000fl
r
Eligible Reimbursement Activities Report
flECREflTIOfl
Project Sponsor:
Kitsap County Parks and Rec
Project Number:
01-1160 D
Project Title:
Veterans Memorlal Park
IAC Approval: 1/30/2002
Development iterrrs:
Items
Unit
DM
vw.c►tp
AII" F11"
DLWub
8q M
44040� "
1r�
� meet ADA
requirements
Athletic Fields
Irrigation - automatic for lurf/piayfleld
Acres
6.00
quick coupiors only
Fencing d, Gates
Fencing - chain sink
Unew. Ft
500.00
backstop and dugout
fencing
Fencing & Gates
Fencing - chain link
Linear Ft
990.00
4 feet
Landscaping
Grass - hydro seed
Acres
6.00
Park Furniture.
Benches
Each
6.00
players benches
Permits
Permits
Lump sum
1.00
Site Preparation
Clearing
Acres
6.00
Site Preparation
Demolition
Lump sum
1.00
Remove fencing, back
slop, asphlet, concrete
we".
Site Preparation
Erosion control
Lump sum
1.00
Constiucilon entrance.
tree protection,
fencIno/berms.
Site Preparation
Gracing
Acres
6.00
Site Preparation
MobNlzation
Lump sum
1.00
Site Preparation
Surveying
Lump sum
1.00
archeological survey
Trails
Trails - gravel
Linear Ft
500.00
must meet ADA
requirements
ELIGREIM.RPT October 2, 2006 Page: 9
Page 264 of 274
Backto Agenda
Corn,mNr�for
NECR�E� IOH
Project Number:
Project Name:
Sponsor:
IAC Project Manager:
Milestone Report By Project I
01-1160 D
Veterans Memorial Park
Kitsap County Parks and Rec
Leslie Ryan -Connelly
X_
Milestone
Project Start
•_-Coninionts/Doscription
08/16/2006
I
RFP Complete/Consultant Hired
08/31/2006
consultant hired prior to project start
date
A&E Complete/Permits Submitted
08/31/2006
permits submitted prior to project start
date
Plans & Specs Reviewed by IAC
08/31 /2006
Bid Awarded
09/15/2006
I
Construction Started
1011 &2006
Proposed Completion Date
12/30/2006
I
Project Complete
03/31 t2007
Final Docs & Billing to IAC
06/30/2007
X = Milestone Complete
I = Critical Milestone
WILESTO.RPT October 02, 2006 Page: 1
Page 265 of 274
Back to Agenda
Press Release Template
Kitsap County Parks and Rec offered grant to develop public outdoor recreation
areas and facilities.
(Port Orchard) - Kitsap County Parks and Rec was awarded a grant of $277,193 from the Land and
Water Conservation Fund Program. The grant was awarded by the Interagency.Committee for Outdoor
Recreation (IAC), and will be used for the following:
This project will renovate two softball fields at the existing Veterans Memorial Park in Port
Orchard. The fields will be designed for girl's softball, but will be available for use by other
groups as well. Project elements Including engineering; site preparation, Irrigation, and field
turf. An accessible pathway will link the renovated fields to the existing parking are and
restrooms.
There were nine applications submitted for consideration in the Land and Water Conservation Fund
Program. Each project went through an evaluation process prior to being recommended for funding.
The IAC Board approved funding for projects on Wednesday, July 18.2001.
Funding for the Land and Water Conservation Fund Program comes from leaseholders of federal
offshore oil and gas resources, federal recreation fees, sales of federal surplus real property, and federal
motorboat fuel taxes. Kitsap County Parks and Rec will leverage local contributions totaling $277,193
with grant monies to implement the project. Total estimated project cost Is $654,386. IAC is the state's
administrator of the grant program.
Contact: Beverly Reeves, (360) 337-7189 (sponsor project manager)
Leslie Ryan -Connelly, (360) 902-3080, leslier@lac.wa.gov (IAC project manager)
Page 266 of 274
Backto Agenda
"I'll" Nry
CanmMry1fBr
flERfNTION
Project Sponsor:
Project Title:
Amendment Type:
AMendment to Project Agreement
i
Kitsap County Parks and Rec
Veterans Memonal Park 01
A&E/Admin Limit Change
Amendment Description:
Project Number: 01-1160D
Amendment Number: 2
In response to the sponsors regdetit, the project agreement is amended to increase the amount of allowable
Architectural and Engineering costs':to twenty percent of the total project cost.
Project Funding:
The total cost of the project for the purpose of this Agreement changes as follows:
{
Old Amount
i
Amount %
Admin Limit $0.00 0.000/0
ABBE Limit $54,183.00 10.83%
Agreement Terms
New Amount
Amount %
$0.00 0.00%
$92,397.67 20.00%
In all other respects the Agreembnt, to which this is an Amendment, and attachments thereto, shall
remain in full force and effect. Irl Witness whereof the parties hereto have executed this Amendment.
State Of Washington
Recreation and Conservation Office
Kitsap County Parks and Rec
AGENCY: &, &,A-&4 BY: An&
V
TITLE: Director
TITUE:
DATE: A11101
DATE:df
Prq0ppMv8q alp to farm:
LWCF Project A&E/Admin Umit Change Amendment
Recreation Resource Account Cheoter 79A.25 RCW. Chapter 286 WAC
•�.ti.�AI�. nhY
Page 267 of 274
Backto Agenda
Natural Resources Building
1111 Washing St SE
Olympia WA 8601
PO Box 40917
Olympia WA 98504-0917
July 7, 2011
4-
STATE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
Dori Leckner
Kitsap County Parks and Recreation
1200 NW Fairgrounds Rd
Bremerton, WA 98311
RE: Veterans Park -Grant Restrictions
Dear Ms. Leckner:
?'Tr-o35
DI-Il(0o
902-3000TTY�360�
360902-1996Fax:360 902-3026
E-mail: infoOrco.wa.gov
Web site: www.roo.wa.gov
This letter is in response to Kitsap County's request for clarifications as to whether or not the
Parks Department could proceed with irrigating the entrance way at Veterans Memorial Park
with reclaimed water that is being provided by West Sound Utilities. As you know, Veteran's
Memorial Park was funded through the Recreation and Conservation (RCO) via two grants
(#78-035 and #01-1160.) Both grants were funded through the Federal Land and Water
Conservation (LWCF) program, which is administered by the RCO. By participating In our grant
programs, more specifically the LWCF program, the Veterans Park property is now encumbered
with federal 6(f)(3) protections, and is to remain in recreation in perpetuity.
As proposed in our April 14, 2011 meeting, the Phase 1 Water Reuse Proposal appears to be
compatible with LWCF/RCO fund sources. This determination was made based upon RCO's
understanding that no above ground ineligible structures are being built on the property and no
property rights (including any easements or leases) are being extended to any other entity.
This letter serves as authorization for the County to proceed, if they choose, with the Phase 1
Watering Project. This letter is not to be interpreted as approval for any subsequent phases or
project at this site or any other RCO funded site. Future development of water reuse facilities at
Veterans Park or any other RCO grant funded site Will have to be evaluated at the time of
proposal. For your reference, I have included an excerpt from our policy manual that explains
the long-term grant obligations and the agency's conversion/compliance policy. The Recreation
and Conservation Funding Board's (RCFB) Policy Manual #7, Funded Projects: states:
"RCFB-SRFB policy, consistent with state law,1 is that interests in real property,
structures, and facilities acquired, developed, enhanced, or restored With RCFB/SRFB
funds must not be changed, either in part or in whole, nor converted to uses other than
those for which the funds were originally approved. If an RCFB-SRFB funded project is
found to be changed or converted (out of compliance with the project agreement or
agreement amendments), the project sponsor is responsible for replacing the changed
or converted interests in real -property, structures, or facilities with interests, structures,
or facilities of equivalent size, value, and utility. There are a number of ways a project
can be out of compliance with the project agreement, the most serious of which is a
conversion. If a compliance issue arises, RCFB-SRFB works with sponsors to resolve
the compliance issue."
Furthermore, a conversion would be determined when one or more of the following takes
place, whether affecting an entire site or any portion of a site funded by RCFB-SRFB:
Recreation and Conservation Funding Board - Salmon Recovery Funding Board • Washington Blodiversity Council
Washington Invasive Species Council - Forum on Monitoring Salmon Recovery and Watershed Health
- 40-- Governor's Salmon Recovery Office
Page 268 of 274
b4)
Back to Agenda
• Property interests are conveyed for non-public outdoor recreation, habitat
conservation, or salmon recovery uses.
• Property interests are conveyed to a third party not otherwise eligible to receive
grants in the program from which funding was derived.1
• Non -outdoor recreation, habitat conservation, or salmon recovery uses (public or
private) are made in a manner that impairs the originally intended purposes of
the project area.
• Non -eligible indoor facilities are developed within the project area.
• Public use of the property or a portion of the property acquired or
developed/restored with RCFB-SRFB assistance is terminated
Please let me know if you need any additional information. You may reach me at
sarah.thirtyacre@rco.wa.gov or (360) 902-0243.
Si cerely,
Sarah Thirtyacre
Outdoor Grants Manager
Page 269 of 274
Back to Agenda
Natural Resources Building
1111 Washington St. S.E.
Olympia, WA 98501
P.O. Box 40917
Olympia. WA 98504-0917
September 5, 2013
`F FL1 Td.
o� y
?f•
STATE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
Honorable Josh Brown
Honorable Charlotte Garrido
Honorable Robert Gelder
Kitsap County Commissioners Office, MS-4
614 Division Street
Port Orchard, WA 98366
Dear Commissioners Brown, Garrido, and Gelder:
960 902.3000
TTY 360 902-1996
Fax: (360 1902-3026
E-mail: info0rco.wa.gov
Web site: www.rco.wt.gov
My office recently was made aware that the commission is considering the future of
many county parks. The Recreation and Conservation Funding Board and the Salmon
Recovery Funding Board, formerly the Interagency Committee for Outdoor Recreation,
has awarded more than 80 grants to the county for the acquisition or development of
parks and open space since 1966. 1 have attached these lists by board for your
convenience.
As your discussions continue about the county's parks, please keep in mind there are
long-term obligations for land purchased or developed with grants from our boards.
These obligations include maintaining the funded site and structures in a safe and
attractive manner; making the site and structures available to the general public at
reasonable hours and times of the year; and providing the outdoor recreation
opportunity on the site forever.
By statutes, our grant recipients may not, without prior approval, convert grant -funded
lands to a use other than that for which funds were originally approved. For example, it
is a conversion when:
• Property interests are conveyed for non-public uses.
• Property interests are conveyed to a third party not otherwise eligible to receive
grants in the program from which the funding was derived.
• There is a non -outdoor recreation or restoration use on the property that impairs
the originally intended purposes of the project area.
• Ineligible indoor facilities are developed within the project area.
• Public use of the grant -funded property or a portion of the property is terminated,
unless public use was not allowed under the original grant.
• The project area no longer provides the environmental functions for which grant
funds were originally approved.
Recreation and Conservation Funding Board • Salmon Recovery Funding Board
Washington Invasive Species Council • Governors Salmon Recovery Office
0
Habitat and Recreation Lands Coordinating Group
Page 270 of 274
Backto Agenda
My staff is available to speak with your staff about the county grant agreement
obligations for the disposition of the parks you are currently considering.
If you have any questions or need additional information, please contact Adam Cole,
grants manager, at (360) 902-3019 or Adam.ColePrco.wa.gov.
Sincerely,
('�W- llz� '
Kaleen Cottingham
�so't
Director
cc: Adam Cole, RCO
Page 271 of 274
Back to Agenda
Natural Resources Bulding
1111 Washlngton St SE
Olympia WA £I8501
PO Box 40917
Olympia WA 98504-0917
July 7, 2011
STATE
oy •
h
STATE? OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
Dori Leckner
Kitsap County Parks and Recreation
1200 NW Fairgrounds Rd
Bremerton, WA 98311
RE: Veterans Park -Grant Restrictions
Dear Ms. Leckner:
�360)902-3000
TTY 360) 902-1996
Fax: 360) 902-3026
E-mail: Info@rco.wa.gov
Web site: www.rco.wa.gov
This letter is in response to Kitsap County's request for clarifications as to whether or not the
Parks Department could proceed with irrigating the entrance way at Veterans Memorial Park
with reclaimed water that is being provided by West Sound Utilities. As you know, Veteran's
Memorial Park was funded through the Recreation and Conservation (RCO) via two grants
(#78-035 and #01-1160.) Both grants were funded through the Federal Land and Water
Conservation (LWCF) program, which is administered by the RCO. By participating in our grant
programs, more specifically the LWCF program, the Veterans Park property is now encumbered
with federal 6(f)(3) protections, and is to remain in recreation in perpetuity.
As proposed in our April 14, 2011 meeting, the Phase 1 Water Reuse Proposal appears to be
compatible with LWCF/RCO fund sources. This determination was made based upon RCO's
understanding that no above ground ineligible structures are being built on the property and no
property rights (including any easements or leases) are being extended to any other entity.
This letter serves as authorization for the County to proceed, if they choose, with the Phase 1
Watering Project. This letter is not to be interpreted as approval for any subsequent phases or
project at this site or any other RCO funded site. Future development of water reuse facilities at
Veterans Park or any other RCO grant funded site will have to be evaluated at the time of
proposal. For your reference, I have included an excerpt from our policy manual that explains
the long-term grant obligations and the agency's conversion/compliance policy. The Recreation
and Conservation Funding Board's (RCFB) Policy Manual #7, Funded Projects: states:
"RCFB-SRFB policy, consistent with state law,1 is that interests in real property,
structures, and facilities acquired, developed, enhanced, or restored with RCFB/SRFB
funds must not be changed, either in part or in whole, nor converted to uses other than
those for which the funds were originally approved. If an RCFB-SRFB funded project is
found to be changed or converted (out of compliance with the project agreement or
agreement amendments), the project sponsor is responsible for replacing the changed
or converted interests in real property, structures, or facilities with interests, structures,
or facilities of equivalent size, value, and utility. There are a number of ways a project
can be out of compliance with the project agreement, the most serious of which is a
conversion. If a compliance issue arises, RCFB-SRFB works with sponsors to resolve
the compliance issue."
Furthermore, a conversion would be determined when one or more of the following takes
place, whether affecting an entire site or any portion of a site funded by RCFB-SRFB:
Recreation and Conservation Funding Board • Salmon Recovery Funding Board • Washington Biodiversity Council
Washington Invasive Species Council • Forum on Monitoring Salmon Recovery and Watershed Health
Governor's Salmon Recovery 011ice
Page 272 of 274
Back to Agenda
• Property interests are conveyed for non-public outdoor recreation, habitat
conservation, or salmon recovery uses.
• Property interests are conveyed to a third party not otherwise eligible to receive
grants in the program from which funding was derived.1
• Non -outdoor recreation, habitat conservation, or salmon recovery uses (public or
private) are made in a manner that impairs the originally intended purposes of
the project area.
• Non -eligible indoor facilities are developed within the project area.
• Public use of the property or a portion of the property acquired or
developed/restored with RCFB-SRFB assistance is terminated
Please let me know if you need any additional information. You may reach me at
sarah.thirtyacre@rco.wa.gov or (3610) 902-0243.
Si cerely,
CA."',y'i`C`
Sarah Thirtyacre
Outdoor Grants Manager
Page 273 of 274
Back to Agenda
December 3, 2008
Heather Ramsay, Project Officer
National Park Service
LWCF & UPARR Partnership Programs
909 First Avenue
Seattle, WA 98104-1060
Re: Kitsap County Veterans Memorial Park
RCO #01-1160D NPS #53-00677
Project Close Out Request
Dear Ms. Ramsay:
I am writing to notify you that the above referenced project is complete in accordance with the
approved project agreement. For your records you will find attached a Final Inspection Report.
Please note that there are no changes to the previously submitted 6(f)(3) boundary map dated
March 13, 2006. The map also serves as the completed site plan.
Our fiscal staff is requesting authorization for final draw down of federal funds in order to close
out this project. The draw request is for the full grant amount of $280,519.50.
Thank you for your assistance with this project and your commitment to preserving
Washington's outdoor resources. If you have questions or need additional information please
contact me at (360) 902-0243 or by sending email to sarah.thrirtyacre .rco.wa.gov .
Sincerely,
Sarah Thirtyacre
Project Manager
Enclosures
Page 274 of 274