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12/20/2022 - Regular - Packet City of Port Orchard Council Meeting Agenda December 20, 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/86484673441 Zoom Webinar ID: 864 8467 3441 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 Accepting Funding from the State of Washington to Off-Set Costs Generated by 2021/2022 Law Enforcement and Criminal Justice Legislation (M. Brown) Page 4 D. Adoption of an Ordinance Amending POMC Chapter 10.12 Establishing Regulations and Fees Related to Parking, Stopping, or Standing in Certain Areas of the City (Lang) Page 7 5. PRESENTATION Mayor: Rob Putaansuu Administrative Official Councilmembers: Mark Trenary 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 Rosapepe Finance Committee, Land Use Committee KRCC, PSRC-alt, PSRC Transpol-alt, KRCC Transpol- 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 Tony Lang Public Works Director Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Wallace, MMC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhall@portorchardwa.gov 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.portorchardwa.gov or by contacting the City Clerk’s office at (360) 876-4407. December 20, 2022, Meeting Agenda Page 2 of 3 6. PUBLIC HEARING 7. BUSINESS ITEMS A. Adoption of an Ordinance Authorizing the Position of Code Enforcement Officer I, Establishing General Duties and Qualifications and Setting Salary Ranges (Lund) Page 52 B. Adoption of a Resolution Adopting Policies for Washington Paid Family and Medical Leave and Volunteer Emergency Services Leave (Lund) Page 57 C. Adoption of a Resolution Confirming the Mayoral Committee, Boards, and Commissions Appointments (Wallace) Page 65 D. Adoption of a Resolution Adopting the 2023 City Council Meeting Schedule (Wallace) Page 68 E. Adoption of a Resolution Approving a Memorandum of Understanding with Port of Bremerton for the Marina Pump Station (Lang) Page 70 F. Adoption of a Resolution Approving a Contract with All Around Fence Company for the Bay Street Pedestrian Pathway Repairs (Lang) Page 130 G. Approval of a Commercial Lease Agreement with Hillstrom Holdings for Commercial Office Space of 600 Kitsap Street Units 101 and 201 (Archer) Page 184 H. Approval of Amendment No. 1 to Contract No. 015-20 with Inslee, Best, Doezie & Ryder, PS for Legal Services (Wallace) Page 235 I. Approval of Amendment No. 7 to Contract No. 054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project (Lang) Page 248 J. Adoption of a Resolution Authorizing the Re-appointment of Tim Drury as the City’s Abatement Hearing Officer (Archer) Page 262 8. DISCUSSION ITEMS (No Action to be Taken) 9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS (Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record. If you are attending remotely via telephone, enter *9 from your keypad to raise your hand.) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council WILL hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. CITY COUNCIL GOOD OF THE ORDER 15. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Economic Development and Tourism TBD Remote Access Utilities TBD Remote Access Finance January 17, 2023; 5:00pm Remote Access 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.portorchardwa.gov or by contacting the City Clerk’s office at (360) 876-4407. December 20, 2022, Meeting Agenda Page 3 of 3 Transportation January 24, 2023; 4:30pm; 4th Tuesday of each month Remote Access Festival of Chimes & Lights January 23, 2023; 3:30pm Remote Access Land Use TBD Remote Access Lodging Tax Advisory February, 2023 City Hall and Remote Access Sewer Advisory March 22, 2023; 5:00PM City Hall Outside Agency Committees Varies Varies City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Meeting Date: December 20, 2022 Subject: Adoption of a Resolution Accepting Funding Prepared by: Matt Brown from the State of Washington to Off-Set Chief of Police Costs Generated by 2021/2022 Law Atty Routing No.: 366922-0012 – Police Enforcement and Criminal-Justice Legislation Atty Review Date: December 5, 2022 Summary: The State Legislature, in the 2021 session, passed the 2021-2023 fiscal biennium operating appropriation via Engrossed Substitute Senate Bill (ESSB) 5092. Included in ESSB was an allocation of funding to Washington’s cities to offset training costs generated by certain law enforcement and criminal-justice related legislation enacted during the 2021 and 2022 legislative sessions. The City of Port Orchard anticipates receiving funds through this appropriation from the State of Washington totaling $16,394.84. The City of Port Orchard Police Department has been evaluating potential uses of these funds which are consisted with the legislative intent. At this time the Police Department has provided the following list of unfunded mandates for which the police department intends on using some of the funding. Please note this is not an exhausted list of all legislation enacted during the 2021 and 2022 legislative sessions. Additional proposals may be coming forward in the future. HB 1310 – Use of Force (Chapter 324, Laws of 2021) SB 5066 – Duty to Intervene (Chapter 321, Laws of 2021) HB 1735 – Use of Force (Chapter 4, Laws of 2022) HB 2037 – Use of Force (Chapter 80, Laws of 2022) Under RCW 35A.11.040, the legislative body of a code city shall have power to accept any gift or grant for any public purpose and may carry out any conditions of such gift or grant when not in conflict with state or federal law. Furthermore, the city maintains a practice of accepting grants by ordinance or resolution. Recommendation: Staff recommends the City Council adopt a Resolution, accepting of the funding provided by the Washington State legislature to offset training costs generated by certain law enforcement and criminal-justice legislation during the 2021 and 2022 legislative sessions. Relationship to Comprehensive Plan: N/A. Motion for consideration: I move to adopt a Resolution accepting funding provided by the state to offset the City’s training costs generated by state law enforcement and criminal-justice legislation. Fiscal Impact: $16,394.84 Alternatives: Not authorize the Resolution and provide further guidance. Attachments: Resolution. Page 4 of 263 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE FUNDING PROVIDED BY STATE OF WASHINGTON TO OFFSET TRAINING COSTS GENERATED BY CERTAIN LAW ENFORCEMENT & CRIMINAL-JUSTICE LEGISLATION ENACTED DURING THE 2021 AND 2022 LEGISLATIVE SESSIONS, AND ACCEPTING THE TERMS AND CONDITIONS REQUIRED ASSOCIATED THEREWITH. WHEREAS, on April 25, 2021, the Washington State legislature approved Engrossed Substitute Senate Bill (ESSB) 5092, 67th Legislature 2021 regular session; and WHEREAS, ESSB 5092, Section, 739 provided $20 million in city assistance funds allocated during the state 2021-2023 operating budget; and WHEREAS, the appropriation through ESSB 5092 was subject to the condition that the funding was to be distributed to cities according to population to assist with one-time costs related to law enforcement and criminal-justice related legislation enacted between January 1, 2020, and June 30, 2021; and WHEREAS, the City of Port Orchard estimates that its allocation of this appropriation from the state is $16,394.84; and WHEREAS, the City is aware of the funding source and has identified eligible uses for the City, consistent with the conditions and limitations set out in ESSB 5092; and WHEREAS, under RCW 35A.11.040, the City shall accept grants by resolution; and WHEREAS, the City Council finds it in the City’s interest to accept these funds; and WHEREAS, Staff will prepare a budget amendment to allocate these funds, consistent with the conditions and limitations set out in ESSB 5092; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council recognizes, supports, and ratifies the acceptance of the funding provided to the City, appropriated through ESSB 5092. THAT: Staff shall prepare a budget amendment at a later date for any and all eligible projects identified and submit same for Council approval. Page 5 of 263 Resolution No. ___ Page 2 of 2 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 20th day of December 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 6 of 263 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: December 20, 2022 Subject: Adoption of an Ordinance Amending POMC Prepared by: Tony Lang Chapter 10.12 Establishing Regulations and Public Works Director Fees Related to Parking, Stopping or Standing Atty Routing No: 366922-0009 – PW In Certain Areas of the City Atty Review Date: December 13, 2022 Summary: The City has codified regulations for parking at Port Orchard Municipal Code (POMC) Chapter 10.12. As a continued housekeeping measure, working in conjunction with the City’s Parking Enforcement staff, the City’s Public Works Department inventories existing parking signage on a continual basis and has compiled corrections, revisions, and modifications to current POMC Chapter 10.12 at Sections 10.12.050, 10.12.460, 10.12.490, and 10.12.500, to reflect existing needs and conditions for parking within the City and to make grammatical and typographical corrections to these sections. By this Ordinance, the Council would adopt the recommended amendments (see attached redline of Ordinance 049-22 to assist with review.) Relationship to Comprehensive Plan: None Recommendation: Staff recommends adoption of Ordinance No. 049-22, amending POMC Chapter 10.12 Sections 10.12.050, 10.12.460, 10.12.490, and 10.12.500 regarding Parking, Stopping or Standing in Certain Areas of the City. Motion for Consideration: I move to adopt Ordinance No. 049-22, amending POMC Sections 10.12.050, 10.12.460, 10.12.490, and 10.12.500, regarding Parking, Stopping or Standing in the City. Fiscal Impact: None Alternatives: Do not approve and provide further direction to staff Attachments: Ordinance Amending POMC 10.12.050, 10.12.460, 10.12.490, 10.12.500 (Clean, for adoption) Ordinance Amending POMC 10.12.050, 10.12.460, 10.12.490, 10.12.500 (Redline to assist with review) Page 7 of 263 Ordinance No. 049-22 – Tracked POMC Chapter 10.12 10.12.050 Parking prohibited and restricted. (1) The city council may from time to time establish parking prohibitions and restrictions on city-owned or city-operated parking lots and portions of certain specified streets, including establishment of reserved parking areas and residential permit parking zones which restrict parking of vehicles on certain streets or city parking lots at certain times except by permit. These regulations are codified in POMC 10.12.460500 through 10.12.530620. (2) Failure to comply with a parking restriction or prohibition adopted by the city council and filed with the city clerk shall be cited under this section and shall constitute a Class A infraction. (Ord. 029-22 § 1 (Exh. A)). *** 10.12.460 Parking prohibited at all times. (1) When signs or markings are installed giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: 1. Advantage Avenue: on the west side of the north 350 feet of roadway and on the left-hand side, as the traffic flows, of the remainder of the street. 2. Amherst Way SW: on both sides of the street. 32. Andasio Loop SE: on the outside curb along the entire loop. 3. Amherst Way SW: on both sides of the street. 4. Arnold Avenue E: along the west side of Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. 5. Arnold Avenue E: along the east side of Arnold Avenue E., from the Bay Street intersection, to the south 66 feet. 6. Bay Street: at the intersection with Page 8 of 263 Ordinance No. 049-22 Page 2 of 22 Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 7. Bay Street: on the south side from Tracy Avenue, westerly for a distance of 200 feet. 8. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 9. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to the point of tangency of the curve radius. 10. Bay Street: on the south side from Dekalb Street, 130 feet to the east. 11. Becky Avenue: on both sides of street, from Dallas Street south to dead end. 12. Bethel Avenue: on the west side from the driveway at 1130 Bethel Avenue, 245 feet north. 13. Bittern Ln: on both sides of the street from McCormick Village Dr. to Wandering Way. 14. Bristol Ln SE: on the east side of the street. 153. Castleton Road SW: on both sides of the street. 164. Cedar Canyon: on both sides of the street within 100 feet of the Tremont Street right-of- way. 175. Chanting on both sides of street, Page 9 of 263 Ordinance No. 049-22 Page 3 of 22 Circle SW: from Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the inside curb of the remaining part of Chanting Circle. 186. Chatterton Avenue SW: on the west side of street. 197. Chowchilla Way: on the south side of street. 20. SW Colbert Way: on left-hand side of street as the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 2118. Currant Lane SW: on the west side of the street. 2219. Dallas Street: on the right-hand side, as the traffic flows. 230. DeKalb Street: on south side from Cline Avenue easterly to dead end. 241. DeKalb Street: on the south side, from Sidney Avenue westerly for a distance of 100 feet. 252. DeKalb Street: on the north side, from Tracy Avenue easterly to the end of DeKalb Street. 263. DeKalb Street: on the south side, from Mitchell Avenue to the east side of Tracy Avenue. 274. Donna Street: on the south side of street. 285. Donnegal Circle SW: on both sides of the street. 296. Egret Street: on the south side of the street. 30. Explorer Ave: on the inside radius of the street. 31. Fantail Place: on the east side of the Page 10 of 263 Ordinance No. 049-22 Page 4 of 22 street. 32. Farragut Avenue: on both sides, from DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street. 33. SW Fielder Place: on the west side including the cul-de-sac. 3427. Fiscal Street: on the south side of the street. 28. Fantail Place: on the east side of the street. 29. Farragut Avenue: on both sides, from DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street. 350. Forest Park Street: on both sides of the street. 361. Glenmore Loop: on the inside radius of the entire loop. 372. Glenwood Road SW: on the north side, from Sidney Road 350 feet west. 383. Grebe Way: on the north side, from Siskin Circle to Swift Avenue. 394. Guy Wetzel Street: on both sides from Bay Street to Perry Avenue. 4035. Hales Court SW: on both sides of the street. 4136. Hibiscus Circle SW: on the outside radius of the entire circle. 4237. Huntington Street: on both sides from Olney Avenue to Glenmore Loop and the north side from Glenmore Loop to west end terminus. 4338. Jabirin on the north side of Page 11 of 263 Ordinance No. 049-22 Page 5 of 22 Way: street. 4439. Keppel Loop SW: on both sides of the street. 4540. Koda Circle: along fire lanes where marked/posted. 46. Ladd Ct SW: on both sides of the street. 471. Landis Ct. SW: on the northeast side. 482. Lazuli Street: on the south side, from Wigeon Avenue to Siskin Circle. 493. Limerick Drive SW: on both sides of the street. 5044. Lippert Drive: on both sides, from Pottery Avenue to Advantage Street. 5145. Lloyd Parkway: on both sides from SW Old Clifton Road to Lumsden Road. 52. Lone Bear Drive: on both sides from Feigley Road to 100 feet west of Chatterton Avenue SW. 53. Longview Avenue: on east side of street. 5446. Lowren Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 5547. Lumsden Road: on both sides of the street. 48. Lone Bear Drive: on both sides from Feigley Road to 100 feet west of Chatterton Avenue SW. 49. Longview Avenue: on east side of street. 560. Mitchell Avenue: on both sides, from Bay Street to Kitsap Street. Page 12 of 263 Ordinance No. 049-22 Page 6 of 22 571. Murrelet Avenue: on both sides, from Old Clifton Road to Siskin Circle. 58. SE Nordmann Loop: on the outside curb of the entire loop. 59. SW Old Clifton Road: on both sides from Chanting Circle SW to Campus Parkway. 6052. Olivine Drive SW: on both sides of the street. 61. SW Pendleton Way: on the south side of the street. 6253. Pickford Place SW: on the left-hand side as the traffic flows on the street, from SW Colbert Way to end of cul-de-sac. 6354. Plisko Avenue: on both sides, from Mitchell Avenue to Mile Hill Drive. 64. Pottery Avenue: on both sides of the street, within 100 feet of the Tremont Street right- of-way. 6555. Prospect Street: on the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 56. Pottery Avenue: on both sides of the street, within 100 feet of the Tremont Street right- of-way. 6657. Retsil Road: on the west side, from the north corporate limits to the south property line of 982 Retsil Road. 6758. Robert Geiger Street: other than official city vehicles, parking is prohibited at all times along the south side, from Bay Street to Prospect Page 13 of 263 Ordinance No. 049-22 Page 7 of 22 Street. 6859. Rockwell Avenue: on both sides, from Bay Street to Kitsap Street. 690. Ross Street: on the south side of the 400 block. 7061. Sage Court: on both sides of street. 7162. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left-hand side, as the traffic flows, on the remainder of the street. 7263. Seattle Avenue: on the east side, from Bay Street southerly for a distance of 82 feet. 73. SW Sedge St: On the north side of the street including the cul- de-sac. 7464. Sherman Avenue: on the east side of the 1200-1300 block from the dead end 980 feet north. 7565. Sidney Avenue: on the west side from Bay Street to Prospect Street. 7666. Siskin Circle: on the inside curb of Siskin Circle throughout the circle. 7767. Snowridge Avenue: on the left-hand side, as the traffic flows on the street. 7868. Sprague Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 7969. Sroufe Street: on the south side, from Sidney Avenue to Portland Avenue. 80. SW Stanwick Way: on the right-hand side of street as the traffic flows, Page 14 of 263 Ordinance No. 049-22 Page 8 of 22 from Lone Bear Drive to Pickford Place SW. 8170. Strathmore Circle SW: on outside of circle traveling either direction. 8271. Sweany Street: on the north side, from Cline Avenue westerly for a distance of 340 feet. 8372. Sweany Street: on the south side, from Sidney Avenue westerly for a distance of 200 feet. 8473. Swift Avenue: on west side, from Siskin Circle to Lazuli Street. 74. SW Colbert Way: on left-hand side of street as the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 75. SW Old Clifton Road: on both sides from Chanting Circle SW to Campus Parkway. 76. SW Stanwick Way: on the right-hand side of street as the traffic flows, from Lone Bear Drive to Pickford Place SW. 8577. Tremont Place: on both sides of street from 233 Tremont Place driveway to end of road guardrail. 8678. Tremont Street: on both sides of the street, within 100 feet of Pottery Avenue right-of- way. 8779. Vardon Circle SW: on both sides of the street. 880. Viridian Avenue SW: on both sides of the street. 89. Wandering Way: on the outside radius of the street. 9081. Warbler on both sides of street Page 15 of 263 Ordinance No. 049-22 Page 9 of 22 Way: from Old Clifton Road to Siskin Circle. 9182. Warbler Way: from Siskin Circle to curve (park) on south side and on east side from curve (park) to Grebe Way. 92. Waverly Rd SW: on the west side of the street. 9383. Wilkins Drive: on both sides, from the west terminus, eastward 350 feet. 9484. Lot 4: all of Lot 4, as defined in POMC 10.12.500, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. (2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)). *** 10.12.490 Parking time limited on certain streets. (1) When signs are erected by the city engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time specified in this section, on the days specified in this section, upon any of the streets described as follows except vehicles complying with the residential parking permit program: 1. Ada Street: on both sides of Ada Street, from Sidney Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 2. Arnold Avenue E: on the west side of Arnold Avenue E., south of Bay Street. There will be two- hour parking from 8:00 Page 16 of 263 Ordinance No. 049-22 Page 10 of 22 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3. Austin Avenue: on both sides, from Division Street to Dwight Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4. Bay Street: on both sides, from Orchard Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Vehicles with residential parking permits are not exempt from the parking restrictions specified within this subsection. 5. Bay Street: on the north side from the DeKalb Street pedestrian pier easterly for 110 feet. There will be 15-minute loading and unloading only. 6. Bay Street: on the south side from Port Orchard Boulevard to DeKalb Street and 130 feet east of DeKalb Street to Kitsap Street there will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 7. Bay Street: on west side of the 1500 Page 17 of 263 Ordinance No. 049-22 Page 11 of 22 and 1600 block. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 8. Bay Street: on the north side at Ross Point (SR 166). There will be four-hour parking. 9. Bay Street: on the south side of Bay Street, west of Arnold Avenue E. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day, except Saturday, Sunday, and federal holidays. 10. Bravo Terrace: on the east side from the Bravo Terrace intersection south to end of cul-de-sac. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 11. Cline Avenue: on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 12. Cline Avenue: from the northeast corner of Kitsap Street and Cline Avenue northerly along the east line of Cline Avenue to Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, Page 18 of 263 Ordinance No. 049-22 Page 12 of 22 and federal holidays. 13. Cline Avenue: on both sides, from Taylor Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 14. DeKalb Street: on both sides, from Seattle Avenue to Sidney Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; except for a space on the south side of DeKalb Street beginning 105 feet east of Harrison Avenue and continuing easterly for 175 feet. The 175 feet as described shall be designated all day parking. 15. DeKalb Street: on the north side, from Sidney Avenue westerly for a distance of 120 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 16. DeKalb Street: on the south side, from Tracy Avenue easterly to the end of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 17. DeKalb Street: on both sides, from Mitchell Avenue westerly Page 19 of 263 Ordinance No. 049-22 Page 13 of 22 for a distance of 340 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 18. DeKalb Street: on the north side, from Mitchell Avenue to Tracy Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 19. Division Street: on both sides, from Sidney Avenue to Seattle Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 20. Division Street: on both sides, from Cline Avenue to Sidney Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 21. Division Street: on both sides from Cline Avenue westerly to dead end. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 22. Dwight Street: on both sides, from Sidney Avenue to Seattle Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on Page 20 of 263 Ordinance No. 049-22 Page 14 of 22 any day except Saturday, Sunday, and federal holidays. 23. Dwight Street: on both sides, from Mitchell Avenue westerly for a distance of 250 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 24. Dwight Street: on both sides, from Austin Avenue to Cline Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 25. Farragut Avenue: on the east side, 160 feet north of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 26. Frederick Avenue: on both sides, from waterfront parking lot to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 27. Harrison Avenue: on both sides, from DeKalb Street to Dwight Street. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Page 21 of 263 Ordinance No. 049-22 Page 15 of 22 28. Harrison Avenue: on both sides, from Dwight Street to Division Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 29. Harrison Avenue: on both sides from Ada Street to dead end. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 30. Kitsap Street: on both sides, from Cline Avenue to Rockwell Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 31. Kitsap Street: on both sides, from Mitchell Avenue westerly for a distance of 150 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 32. Mitchell Avenue: on the east side, from DeKalb Street northerly for a distance of 70 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 33. Mitchell Avenue: on the west side, from Kitsap Street to Taylor Street. There will be two- Page 22 of 263 Ordinance No. 049-22 Page 16 of 22 hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 34. Mitchell Avenue: on the east side, from DeKalb Street southerly to the bus loading access road, shall be designated all day parking except for the revetment area which is two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 35. Morton Street: on both sides, from Rockwell Avenue westerly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 36. Morton Street: on both sides, from Rockwell Avenue easterly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 37. Prospect Street: on both sides, from Sidney Avenue to Robert Geiger Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m. (except where posted as one-hour parking for the City Permit Center located Page 23 of 263 Ordinance No. 049-22 Page 17 of 22 at 720 Prospect Street; holders of residential parking permits are not exempt from this restriction), on any day except Saturday, Sunday, and federal holidays, and the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 38. Prospect Street: on both sides, from Kitsap Street to Robert Geiger Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays, except where 30-minute zone is delineated. 39. Prospect Street: along the green curb, in front of City Hall at 216 Prospect Street. There is 30-minute parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 40. Robert Geiger Street: on the north side, from Prospect Street to Bay Street. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 41. Seattle Avenue: on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day Page 24 of 263 Ordinance No. 049-22 Page 18 of 22 except Saturday, Sunday, and federal holidays. 42. Seattle Avenue: on both sides from Dwight Street to Division Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 43. Sidney Avenue: on both sides from Bay Street to the waterfront. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 44. Sidney Avenue: on the east side from Bay Street to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 45. Sidney Avenue: on both sides, from Prospect to Kitsap Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 46. Sidney Avenue: on both sides, from Kitsap Street to DeKalb Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 47. Sidney Avenue: on both sides, from DeKalb Street to Ada Street. There will be two- Page 25 of 263 Ordinance No. 049-22 Page 19 of 22 hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 48. Sweany Street: on the south side, from Cline Avenue westerly for a distance of 300 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 49. Sweany Street: on the north side, from Sidney Avenue westerly for a distance of 200 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 50. Tracy Avenue: on both sides, from DeKalb Street to Guy Wetzel Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 51. Tracy Avenue: abutting 219 Tracy Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 52. Water Street: from Bay Street to waterfront on the west side. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Page 26 of 263 Ordinance No. 049-22 Page 20 of 22 Sunday, and federal holidays. 53. SW Yarrow St: on the south side, from Explorer Avenue westerly for a distance of 360 feet and easterly for a distance of 390 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 53. Library: north side of driveway adjacent to south side of library sidewalk and Lot 7 shall be two-hour parking from 8:00 a.m. to 5:00 p.m. on any day, pursuant to easement AF# (8903310122) except Saturday, Sunday, and federal holidays. (2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)). *** 10.12.500 Parking time limited on certain city parking lots. (1) The city parking lots are identified as follows: (a) Lot 1, which lies between Orchard and Frederick Streets, on the north of Bay Street. Parking in Lot 1 is a combination of city parking and Port Orchard Marina parking. Port Orchard Marina parking is the three northernmost rows and shall be managed by the Port of Bremerton. City parking is limited to four hours maximum and/or monthly merchant parking. (b) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street. Parking in Lot 2 shall be allowed for a maximum period of four hours, including two car charging stalls limited to four hours maximum, and one motorcycle stall. (c) Lot 3, which is the five rows of parking area under city jurisdiction west of Harrison Avenue and east of and parallel to the library’s easternmost exterior wall. Parking in the Page 27 of 263 Ordinance No. 049-22 Page 21 of 22 three westerly rows of Lot 3 shall be allowed for a maximum period of four hours at no monetary charge. Parking in the easterly two rows is paid parking and shall require a paid daily parking pass as established in POMC 10.12.520. (d) Lot 4, which is all parking area under city jurisdiction which lies east of Parking Lot 3 and Harrison Avenue and west of the Marina Park. Parking in Lot 4 is a combination of free two- hour parking for the park at the most northerly and easterly corner and paid parking and shall require a paid daily parking pass as established in POMC 10.12.520. (e) Lot 5, which is all parking spaces on City Hall property (first floor entry). Parking in Lot 5 shall be for City Hall ADA Parking patrons and official vehicles only. The police chief or his/her designate may authorize deviations to this policy for Lot 5, if necessary. No monetary charge. (f) Lot 6, which is all parking spaces abutting the landscaped area at the southwest corner of the intersection of Bay Street and DeKalb Street (Bayside Plaza). Parking in Lot 6 shall be allowed for a maximum period of two hours. No monetary charge. (g) Lot 7, which is all parking spaces located on the library property. Parking in Lot 7 shall be limited to library staff only. Access to Lot 7 and parallel parking stalls via the adjacent parcel to the south pursuant to easement AF# (8903310122). No monetary charge. (h) Lot 8, which lies east of City Hall, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 8 is for designated city vehicles and city employees via pass Monday through Friday. No monetary charge. (i) Lot 9, 720 Prospect St, which lies east of Lot 8, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 9 is for designated vehicles and city employees via pass Monday through Friday. No monetary charge. (j) Lot 10, which lies on the east side of McCormick Village Dr. between SW Old Clifton Rd and SW Yarrow St. Parking in Lot 10 shall be allowed for a maximum period of four hours, enforced on a 24-hour basis. (ki) Paul Powers Park, which lies north and east of the public works department “south shed” located at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn-to-dusk parking only. (lj) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at 300 Tremont Street. Van Zee Park parking is limited to dawn-to-dusk parking only. (mk) Rockwell Pocket Park will be limited to two-hour parking from dawn to dusk. (2) Parking restrictions in Lots 1, 2, 3, 4, 5, 6, 7, 8 and 98 shall be enforced on a 24-hour basis, except Saturday, Sunday, and federal holidays within the city. Page 28 of 263 Ordinance No. 049-22 Page 22 of 22 (3) Parking restrictions in Lot 4 shall also be enforced on a 24-hour basis on each Saturday in the period of April 1st to October 31st. (4) Currency through electronic payment in an electronic parking pay station or similar instrument provided near the parking space for each 12-hour interval or part thereof. (5) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)). Page 29 of 263 ORDINANCE NO. 049-22 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO PARKING, STANDING, AND STOPPING; AMENDING SECTIONS 10.12.050, 10.12.460, 10.12.490, AND 10.12.500 OF THE PORT ORCHARD MUNICIPAL CODE; PROVIDING FOR SEVERABILITY; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, WAC 308-330-270 authorizes the City to adopt regulations to prohibit, regulate or limit stopping, standing or parking of vehicles in areas of the City; and WHEREAS, in accordance with that authority, the City’s regulations for this topic are codified at Port Orchard Municipal Code (POMC) Chapter 10.12, and POMC Section 10.12.050(1) authorizes the City Council to from time to time, establish parking prohibitions and restrictions on portions of certain specified streets, with those prohibitions and restrictions codified at POMC 10.12.460 through 10.12.530; and WHEREAS, the City Council deems it in the best interest of the City of Port Orchard to periodically review and update such regulations; and WHEREAS, the City Council chooses to codify any updates to the parking regulations in order to aid the public in its ability to access and review said regulations; and WHEREAS, staff audited the existing regulations and identified necessary, specific revisions to POMC Section 10.12.050, Parking prohibited and restricted, Section 10.12.460, Parking prohibited at all times, Section 10.12.490, Parking time limited on certain streets, and Section 10.12.500, Parking time limited on certain city parking lots; and WHEREAS, the City Council has reviewed the proposed amendments and believes it to be in the best interests of the City to enact the proposed amendments; now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Section 10.12.050 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.050 Parking prohibited and restricted. (1) The city council may from time to time establish parking prohibitions and restrictions on city-owned or city-operated parking lots and portions of certain specified streets, including establishment of reserved parking areas and residential permit parking zones which restrict parking of vehicles on certain streets or city parking lots at certain times except by permit. These regulations are codified in POMC 10.12.460 through 10.12.530. Page 30 of 263 Ordinance No. 049-22 Page 2 of 22 (2) Failure to comply with a parking restriction or prohibition adopted by the city council and filed with the city clerk shall be cited under this section and shall constitute a Class A infraction. (Ord. 029-22 § 1 (Exh. A)). SECTION 2. Section 10.12.460 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.460 Parking prohibited at all times. (1) When signs or markings are installed giving notice thereof, no person shall park a vehicle at any time upon any of the streets or parts of streets described as follows: 1. Advantage Avenue: on the west side of the north 350 feet of roadway and on the left-hand side, as the traffic flows, of the remainder of the street. 2. Amherst Way SW: on both sides of the street. 3. Andasio Loop SE: on the outside curb along the entire loop. 4. Arnold Avenue E: along the west side of Arnold Avenue E., from the Lawrence Street intersection, to the northeast towards Bay St., 100 feet. 5. Arnold Avenue E: along the east side of Arnold Avenue E., from the Bay Street intersection, to the south 66 feet. 6. Bay Street: at the intersection with Wharf Street (Mitchell Point), along the outside radius of the existing road as delineated by the established guardrail. 7. Bay Street: on the south side from Tracy Avenue, westerly for a distance of 200 feet. Page 31 of 263 Ordinance No. 049-22 Page 3 of 22 8. Bay Street: on the north side, from the DeKalb Street pedestrian pier westerly for 70 feet and in front of 501 Bay Street. 9. Bay Street: at the southwest corner of the intersection with Arnold Avenue E., from the point of curvature to the point of tangency of the curve radius. 10. Bay Street: on the south side from Dekalb Street, 130 feet to the east. 11. Becky Avenue: on both sides of street, from Dallas Street south to dead end. 12. Bethel Avenue: on the west side from the driveway at 1130 Bethel Avenue, 245 feet north. 13. Bittern Ln: on both sides of the street from McCormick Village Dr. to Wandering Way. 14. Bristol Ln SE: on the east side of the street. 15. Castleton Road SW: on both sides of the street. 16. Cedar Canyon: on both sides of the street within 100 feet of the Tremont Street right-of- way. 17. Chanting Circle SW: on both sides of street, from Old Clifton Road 260 feet. Then on the east side to Chanting Circle. Then along the inside curb of the remaining part of Chanting Circle. 18. Chatterton Avenue SW: on the west side of street. Page 32 of 263 Ordinance No. 049-22 Page 4 of 22 19. Chowchilla Way: on the south side of street. 20. SW Colbert Way: on left-hand side of street as the traffic flows, from Pickford Place SW to Chatterton Avenue SW. 21. Currant Lane SW: on the west side of the street. 22. Dallas Street: on the right-hand side, as the traffic flows. 23. DeKalb Street: on south side from Cline Avenue easterly to dead end. 24. DeKalb Street: on the south side, from Sidney Avenue westerly for a distance of 100 feet. 25. DeKalb Street: on the north side, from Tracy Avenue easterly to the end of DeKalb Street. 26. DeKalb Street: on the south side, from Mitchell Avenue to the east side of Tracy Avenue. 27. Donna Street: on the south side of street. 28. Donnegal Circle SW: on both sides of the street. 29. Egret Street: on the south side of the street. 30. Explorer Ave: on the inside radius of the street. 31. Fantail Place: on the east side of the street. 32. Farragut Avenue: on both sides, from DeKalb Street to Morton Street; except, on the east side, 160 feet north of DeKalb Street. 33. SW Fielder on the west side including Page 33 of 263 Ordinance No. 049-22 Page 5 of 22 Place: the cul-de-sac. 34. Fiscal Street: on the south side of the street. 35. Forest Park Street: on both sides of the street. 36. Glenmore Loop: on the inside radius of the entire loop. 37. Glenwood Road SW: on the north side, from Sidney Road 350 feet west. 38. Grebe Way: on the north side, from Siskin Circle to Swift Avenue. 39. Guy Wetzel Street: on both sides from Bay Street to Perry Avenue. 40. Hales Court SW: on both sides of the street. 41. Hibiscus Circle SW: on the outside radius of the entire circle. 42. Huntington Street: on both sides from Olney Avenue to Glenmore Loop and the north side from Glenmore Loop to west end terminus. 43. Jabirin Way: on the north side of street. 44. Keppel Loop SW: on both sides of the street. 45. Koda Circle: along fire lanes where marked/posted. 46. Ladd Ct SW: on both sides of the street. 47. Landis Ct. SW: on the northeast side. 48. Lazuli Street: on the south side, from Wigeon Avenue to Siskin Circle. 49. Limerick on both sides of the Page 34 of 263 Ordinance No. 049-22 Page 6 of 22 Drive SW: street. 50. Lippert Drive: on both sides, from Pottery Avenue to Advantage Street. 51. Lloyd Parkway: on both sides from SW Old Clifton Road to Lumsden Road. 52. Lone Bear Drive: on both sides from Feigley Road to 100 feet west of Chatterton Avenue SW. 53. Longview Avenue: on east side of street. 54. Lowren Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 55. Lumsden Road: on both sides of the street. 56. Mitchell Avenue: on both sides, from Bay Street to Kitsap Street. 57. Murrelet Avenue: on both sides, from Old Clifton Road to Siskin Circle. 58. SE Nordmann Loop: on the outside curb of the entire loop. 59. SW Old Clifton Road: on both sides from Chanting Circle SW to Campus Parkway. 60. Olivine Drive SW: on both sides of the street. 61. SW Pendleton Way: on the south side of the street. 62. Pickford Place SW: on the left-hand side as the traffic flows on the street, from SW Colbert Way to end of cul-de-sac. 63. Plisko Avenue: on both sides, from Mitchell Avenue to Mile Page 35 of 263 Ordinance No. 049-22 Page 7 of 22 Hill Drive. 64. Pottery Avenue: on both sides of the street, within 100 feet of the Tremont Street right- of-way. 65. Prospect Street: on the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 66. Retsil Road: on the west side, from the north corporate limits to the south property line of 982 Retsil Road. 67. Robert Geiger Street: other than official city vehicles, parking is prohibited at all times along the south side, from Bay Street to Prospect Street. 68. Rockwell Avenue: on both sides, from Bay Street to Kitsap Street. 69. Ross Street: on the south side of the 400 block. 70. Sage Court: on both sides of street. 71. Sage Street: on both sides from Pottery Avenue east for a distance of 70 feet and on the left-hand side, as the traffic flows, on the remainder of the street. 72. Seattle Avenue: on the east side, from Bay Street southerly for a distance of 82 feet. 73. SW Sedge St: On the north side of the street including the cul- de-sac. 74. Sherman Avenue: on the east side of the 1200-1300 block from the dead end 980 feet north. Page 36 of 263 Ordinance No. 049-22 Page 8 of 22 75. Sidney Avenue: on the west side from Bay Street to Prospect Street. 76. Siskin Circle: on the inside curb of Siskin Circle throughout the circle. 77. Snowridge Avenue: on the left-hand side, as the traffic flows on the street. 78. Sprague Street: on the right-hand side, as the traffic flows on the one-way portion of the street. 79. Sroufe Street: on the south side, from Sidney Avenue to Portland Avenue. 80. SW Stanwick Way: on the right-hand side of street as the traffic flows, from Lone Bear Drive to Pickford Place SW. 81. Strathmore Circle SW: on outside of circle traveling either direction. 82. Sweany Street: on the north side, from Cline Avenue westerly for a distance of 340 feet. 83. Sweany Street: on the south side, from Sidney Avenue westerly for a distance of 200 feet. 84. Swift Avenue: on west side, from Siskin Circle to Lazuli Street. 85. Tremont Place: on both sides of street from 233 Tremont Place driveway to end of road guardrail. 86. Tremont Street: on both sides of the street, within 100 feet of Pottery Avenue right-of- way. 87. Vardon Circle SW: on both sides of the street. Page 37 of 263 Ordinance No. 049-22 Page 9 of 22 88. Viridian Avenue SW: on both sides of the street. 89. Wandering Way: on the outside radius of the street. 90. Warbler Way: on both sides of street from Old Clifton Road to Siskin Circle. 91. Warbler Way: from Siskin Circle to curve (park) on south side and on east side from curve (park) to Grebe Way. 92. Waverly Rd SW: on the west side of the street. 93. Wilkins Drive: on both sides, from the west terminus, eastward 350 feet. 94. Lot 4: all of Lot 4, as defined in POMC 10.12.500, Saturdays from 5:00 a.m. to 5:00 p.m., from April 1st through October 31st. (2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)). SECTION 3. Section 10.12.490 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.490 Parking time limited on certain streets. (1) When signs are erected by the city engineer in each block giving notice thereof, no person shall park a vehicle for longer than the time specified in this section, on the days specified in this section, upon any of the streets described as follows except vehicles complying with the residential parking permit program: 1. Ada Street: on both sides of Ada Street, from Sidney Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Page 38 of 263 Ordinance No. 049-22 Page 10 of 22 Sunday, and federal holidays. 2. Arnold Avenue E: on the west side of Arnold Avenue E., south of Bay Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 3. Austin Avenue: on both sides, from Division Street to Dwight Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 4. Bay Street: on both sides, from Orchard Avenue to Harrison Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Vehicles with residential parking permits are not exempt from the parking restrictions specified within this subsection. 5. Bay Street: on the north side from the DeKalb Street pedestrian pier easterly for 110 feet. There will be 15-minute loading and unloading only. 6. Bay Street: on the south side from Port Orchard Boulevard to DeKalb Street and 130 feet east of DeKalb Street Page 39 of 263 Ordinance No. 049-22 Page 11 of 22 to Kitsap Street there will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 7. Bay Street: on west side of the 1500 and 1600 block. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 8. Bay Street: on the north side at Ross Point (SR 166). There will be four-hour parking. 9. Bay Street: on the south side of Bay Street, west of Arnold Avenue E. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day, except Saturday, Sunday, and federal holidays. 10. Bravo Terrace: on the east side from the Bravo Terrace intersection south to end of cul-de-sac. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 11. Cline Avenue: on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 12. Cline from the northeast corner Page 40 of 263 Ordinance No. 049-22 Page 12 of 22 Avenue: of Kitsap Street and Cline Avenue northerly along the east line of Cline Avenue to Bay Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 13. Cline Avenue: on both sides, from Taylor Street to Division Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 14. DeKalb Street: on both sides, from Seattle Avenue to Sidney Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays; except for a space on the south side of DeKalb Street beginning 105 feet east of Harrison Avenue and continuing easterly for 175 feet. The 175 feet as described shall be designated all day parking. 15. DeKalb Street: on the north side, from Sidney Avenue westerly for a distance of 120 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 16. DeKalb Street: on the south side, from Tracy Avenue easterly to Page 41 of 263 Ordinance No. 049-22 Page 13 of 22 the end of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 17. DeKalb Street: on both sides, from Mitchell Avenue westerly for a distance of 340 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 18. DeKalb Street: on the north side, from Mitchell Avenue to Tracy Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 19. Division Street: on both sides, from Sidney Avenue to Seattle Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 20. Division Street: on both sides, from Cline Avenue to Sidney Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 21. Division Street: on both sides from Cline Avenue westerly to dead end. There will be four- hour parking from 8:00 Page 42 of 263 Ordinance No. 049-22 Page 14 of 22 a.m. to 5:00 p.m., on any day except Saturday, Sunday and federal holidays. 22. Dwight Street: on both sides, from Sidney Avenue to Seattle Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 23. Dwight Street: on both sides, from Mitchell Avenue westerly for a distance of 250 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 24. Dwight Street: on both sides, from Austin Avenue to Cline Avenue. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 25. Farragut Avenue: on the east side, 160 feet north of DeKalb Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 26. Frederick Avenue: on both sides, from waterfront parking lot to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal Page 43 of 263 Ordinance No. 049-22 Page 15 of 22 holidays. 27. Harrison Avenue: on both sides, from DeKalb Street to Dwight Street. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 28. Harrison Avenue: on both sides, from Dwight Street to Division Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 29. Harrison Avenue: on both sides from Ada Street to dead end. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 30. Kitsap Street: on both sides, from Cline Avenue to Rockwell Avenue. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 31. Kitsap Street: on both sides, from Mitchell Avenue westerly for a distance of 150 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 32. Mitchell on the east side, from Page 44 of 263 Ordinance No. 049-22 Page 16 of 22 Avenue: DeKalb Street northerly for a distance of 70 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 33. Mitchell Avenue: on the west side, from Kitsap Street to Taylor Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 34. Mitchell Avenue: on the east side, from DeKalb Street southerly to the bus loading access road, shall be designated all day parking except for the revetment area which is two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 35. Morton Street: on both sides, from Rockwell Avenue westerly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 36. Morton Street: on both sides, from Rockwell Avenue easterly for a distance of 230 feet on both sides. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Page 45 of 263 Ordinance No. 049-22 Page 17 of 22 Sunday, and federal holidays. 37. Prospect Street: on both sides, from Sidney Avenue to Robert Geiger Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m. (except where posted as one-hour parking for the City Permit Center located at 720 Prospect Street; holders of residential parking permits are not exempt from this restriction), on any day except Saturday, Sunday, and federal holidays, and the inside radius of the curve between Robert Geiger Street and Frederick Avenue. 38. Prospect Street: on both sides, from Kitsap Street to Robert Geiger Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays, except where 30-minute zone is delineated. 39. Prospect Street: along the green curb, in front of City Hall at 216 Prospect Street. There is 30-minute parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 40. Robert Geiger Street: on the north side, from Prospect Street to Bay Street. There will be four- Page 46 of 263 Ordinance No. 049-22 Page 18 of 22 hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 41. Seattle Avenue: on both sides, from Kitsap Street to Dwight Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 42. Seattle Avenue: on both sides from Dwight Street to Division Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 43. Sidney Avenue: on both sides from Bay Street to the waterfront. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 44. Sidney Avenue: on the east side from Bay Street to Prospect Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 45. Sidney Avenue: on both sides, from Prospect to Kitsap Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. Page 47 of 263 Ordinance No. 049-22 Page 19 of 22 46. Sidney Avenue: on both sides, from Kitsap Street to DeKalb Street. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 47. Sidney Avenue: on both sides, from DeKalb Street to Ada Street. There will be two- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 48. Sweany Street: on the south side, from Cline Avenue westerly for a distance of 300 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 49. Sweany Street: on the north side, from Sidney Avenue westerly for a distance of 200 feet. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 50. Tracy Avenue: on both sides, from DeKalb Street to Guy Wetzel Street. There will be two-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 51. Tracy Avenue: abutting 219 Tracy Avenue. There will be Page 48 of 263 Ordinance No. 049-22 Page 20 of 22 four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 52. Water Street: from Bay Street to waterfront on the west side. There will be four- hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. 53. SW Yarrow St: on the south side, from Explorer Avenue westerly for a distance of 360 feet and easterly for a distance of 390 feet. There will be four-hour parking from 8:00 a.m. to 5:00 p.m., on any day except Saturday, Sunday, and federal holidays. (2) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)). SECTION 4. Section 10.12.500 of the Port Orchard Municipal Code is hereby amended to read as follows: 10.12.500 Parking time limited on certain city parking lots. (1) The city parking lots are identified as follows: (a) Lot 1, which lies between Orchard and Frederick Streets, on the north of Bay Street. Parking in Lot 1 is a combination of city parking and Port Orchard Marina parking. Port Orchard Marina parking is the three northernmost rows and shall be managed by the Port of Bremerton. City parking is limited to four hours maximum and/or monthly merchant parking. (b) Lot 2, which lies between Frederick Street and Sidney Avenue, north of Bay Street. Parking in Lot 2 shall be allowed for a maximum period of four hours, including two car charging stalls limited to four hours maximum, and one motorcycle stall. Page 49 of 263 Ordinance No. 049-22 Page 21 of 22 (c) Lot 3, which is the five rows of parking area under city jurisdiction west of Harrison Avenue and east of and parallel to the library’s easternmost exterior wall. Parking in the three westerly rows of Lot 3 shall be allowed for a maximum period of four hours at no monetary charge. Parking in the easterly two rows is paid parking and shall require a paid daily parking pass as established in POMC 10.12.520. (d) Lot 4, which is all parking area under city jurisdiction which lies east of Parking Lot 3 and Harrison Avenue and west of the Marina Park. Parking in Lot 4 is a combination of free two- hour parking for the park at the most northerly and easterly corner and paid parking and shall require a paid daily parking pass as established in POMC 10.12.520. (e) Lot 5, which is all parking spaces on City Hall property (first floor entry). Parking in Lot 5 shall be for City Hall ADA Parking patrons and official vehicles only. The police chief or his/her designate may authorize deviations to this policy for Lot 5, if necessary. No monetary charge. (f) Lot 6, which is all parking spaces abutting the landscaped area at the southwest corner of the intersection of Bay Street and DeKalb Street (Bayside Plaza). Parking in Lot 6 shall be allowed for a maximum period of two hours. No monetary charge. (g) Lot 7, which is all parking spaces located on the library property. Parking in Lot 7 shall be limited to library staff only. Access to Lot 7 and parallel parking stalls via the adjacent parcel to the south pursuant to easement AF# (8903310122). No monetary charge. (h) Lot 8, which lies east of City Hall, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 8 is for designated city vehicles and city employees via pass Monday through Friday. No monetary charge. (i) Lot 9, 720 Prospect St, which lies east of Lot 8, north of and adjacent to Prospect Alley (between Kitsap Street and Prospect Street). Lot 9 is for designated vehicles and city employees via pass Monday through Friday. No monetary charge. (j) Lot 10, which lies on the east side of McCormick Village Dr. between SW Old Clifton Rd and SW Yarrow St. Parking in Lot 10 shall be allowed for a maximum period of four hours, enforced on a 24-hour basis. (k) Paul Powers Park, which lies north and east of the public works department “south shed” located at 2051 Sidney Avenue. Paul Powers Park parking is limited to dawn-to-dusk parking only. (l) Van Zee Park, which lies south of Tremont Street and west of Sidney Avenue, located at 300 Tremont Street. Van Zee Park parking is limited to dawn-to-dusk parking only. (m) Rockwell Pocket Park will be limited to two-hour parking from dawn to dusk. (2) Parking restrictions in Lots 1, 2, 3, 4, 5, 6, 7, 8 and 9 shall be enforced on a 24-hour basis, except Saturday, Sunday, and federal holidays within the city. Page 50 of 263 Ordinance No. 049-22 Page 22 of 22 (3) Parking restrictions in Lot 4 shall also be enforced on a 24-hour basis on each Saturday in the period of April 1st to October 31st. (4) Currency through electronic payment in an electronic parking pay station or similar instrument provided near the parking space for each 12-hour interval or part thereof. (5) Violation of this section is a Class A infraction. (Ord. 029-22 § 1 (Exh. A)). SECTION 5. Authorization to Post Signs. The City Engineer is hereby directed to post the signs as required by this Ordinance and as a result of the amendment of POMC Sections 10.12.460, 10.12.490, and 10.12.500, upon the effective date of this Ordinance. SECTION 6. 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. SECTION 7. Effective Date. This ordinance shall be in full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of the entire ordinance, as authorized by State Law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 20th day of December 2022 ____________________________ Robert Putaansuu, Mayor ATTEST: _____________________________ Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSOR: _____________________________ ____________________________ Charlotte A. Archer, City Attorney Scott Diener, Councilmember PUBLISHED: EFFECTIVE DATE: Page 51 of 263 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Meeting Date: December 20, 2022 Subject: Adoption of an Ordinance Authorizing Prepared by: Debbie Lund the Position of Code Enforcement HR Manager Officer I, Establishing General Duties Atty Routing No.: 366922-0008 - HR and Qualifications and Setting Salary Atty Review Date: December 16, 2022 Ranges Summary: As part of the 2023-2024 budget process, the Community Development Department was given authority to hire an additional FTE into the Code Enforcement Officer position. After further discussion and review of the demands of the position, the Department has requested that the current Code Enforcement Officer be designated as the Code Enforcement Officer II and that the City develop a job description and pay range reflecting the additional FTE as a Code Enforcement Officer I, a position with less experience, less responsibility, and therefore a lower pay rate. Staff believes this will aid in the recruitment for the second position, allowing it to be a more entry position into the profession, with room to learn and grow. The Ordinance for consideration tonight would change the existing title of Code Enforcement Officer to Code Enforcement Officer II with no other changes in duties, responsibilities or pay. In addition, the Ordinance would create the position of Code Enforcement Officer I and establish the general duties and qualifications for the position and establish the pay range at 14% below the Code Enforcement Officer II position or $31.40 to 36.41 per hour, which equates to $65,312 to $75,732 per year. This proposed change results in a cost savings to the City. The Personnel Position Listing in the 2023- 2024 budget will be modified appropriately with the passage of the Ordinance. The City Council previously adopted Ordinance 008-20, which delegates authority to the Mayor to establish and amend job descriptions, provided they are consistent with the general qualifications and duties assigned by the Council. Therefore, attached to this proposed Ordinance for Council’s consideration is a summary of qualifications and duties for each of the newly proposed positions. Recommendation: Staff recommends approval of the attached Ordinance which includes provisions for general qualifications and duties assigned for the new position of Code Enforcement Officer I and approval of the salary range for the position. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt an ordinance authorizing the creation of the position of Code Enforcement Officer I, establishing general qualifications and duties for the positions, and setting the salary range for the position” Page 52 of 263 Staff Report 7A Page 2 of 2 Fiscal Impact: This reflects a costs savings to the City and would be incorporated into the salary table attached to the budget via a future budget amendment. Alternatives: Do not approve the position summary and proposed salary and provide alternative guidance. Attachments: Ordinance and Appendix A, position summary for Code Enforcement Officer I. Page 53 of 263 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, TO AUTHORIZE POSITION OF CODE ENFORCEMENT OFFICER I AND CODE ENFORCEMENT OFFICER II, TO ESTABLISH GENERAL QUALIFICATIONS AND DUTIES OF POSITION, AND SET THE SALARY RANGE FOR THE POSITION; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City has determined that rather than having two employees at the same Code Enforcement Officer level, the City should create the position of Code Enforcement Officer I and revise the title of the current Code Enforcement Officer to Code Enforcement Officer II; and WHEREAS, the 2023-2024 budget contains two FTE at the Code Enforcement Officer position; and WHEREAS, the 2023-2024 budget also contains the approved salary for the Code Enforcement Officer; and WHEREAS, the 2023-2024 approved salary for Code Enforcement Officer would be applied to the Code Enforcement Officer II position; and WHEREAS, a salary of 14% less for the position of Code Enforcement Officer I has been determined appropriate based on the minimum requirements proposed for the position; and WHEREAS, this proposal provides for a savings in the 2023-2024 budget due to the reduced salary for the position; and WHEREAS, this Ordinance would modify the Personnel Position Listing as adopted in the 2023-2024 budget; and WHEREAS, Ordinance 008-20 delegates authority to the Mayor to establish and amend job descriptions, provided they are consistent with the general qualification and duties assigned by the council; and WHEREAS, a statement of the general qualifications and duties of the Code Enforcement Officer I position is attached hereto as Appendix A, and incorporated herein by reference; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby authorizes the creation of the position of Code Page 54 of 263 Ordinance No. _________ Page 2 of 3 Enforcement Officer I with qualifications and general duties as generally provided for in Appendix A. SECTION 2. The City Council hereby revises the previously approved position title of Code Enforcement Officer to Code Enforcement Officer II. SECTION 3. The City Council hereby sets a salary range for the position of Code Enforcement Officer I between $31.40 and $36.41 per hour on the 2023 pay scale. SECTION 4. The City Council acknowledges that this will create a change to the Personnel Position Listing in the 2023-2024 budget, with no additional fiscal impact. Staff is directed to incorporate this change into the 2023-2023 budget salary table. SECTION 5. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 6. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 7. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the Clerk in authentication of such passage this 20th day of December 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: SPONSORED BY: Charlotte A. Archer, City Attorney John Clauson, Councilmember Page 55 of 263 Ordinance No. _________ Page 3 of 3 PUBLISHED: EFFECTIVE DATE: Page 56 of 263 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 7B Meeting Date: December 20, 2022 Subject: Adoption of a Resolution Adopting Prepared by: Debbie Lund Policies for Washington Paid Family and HR Manager Medical Leave and Volunteer Atty Routing No.: 366922-0008 – HR Emergency Services Leave Atty Review Date: December 12, 2022 Summary: Human Resources staff continues to review the City’s personnel policies and procedures to comply with regulatory changes and industry best practices. A recent review noted that two policies should be included in the City’s personnel policy manual. This proposal documents the City’s current practices related to those policies. First, the Washington State Paid Family and Medical Leave Program (PFML) was passed by the state legislature in 2017. Premiums were implemented in 2019 and benefits became available in 2020. The City has been in compliance with the program since implementation. The policy for consideration tonight documents the City’s handling of the program, including the practice of not allowing employees to supplement the PFML benefits received from the state with the use of their own leave from the City. Rather, an employee using the state PFML program typically goes into unpaid status from the City while receiving state benefits. Job protections and insurance benefits continue during that period, in accordance with the law. Second, Washington also provides job protections to employees who are volunteer firefighters, reserve police officers or members of the Civil Air Patrol when called to perform emergency services. In effect since 2001, this law drew attention again recently in 2021 in response to the 2020 wildfires that swept across central Washington, generating a demand for wildland firefighters. Both of these items are reflected in the proposed policies for adoption. Having a comprehensive City personnel policy manual enables staff and employees to more readily access and reference all the policies that may apply to any given situation. Recommendation: Staff recommends the Council adopt the attached resolution approving two additional leave policies, as provided for in Washington law. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a Resolution adopting written policies for the Washington State Paid Family and Medical Leave Program, and the Washington Volunteer Emergency Services Leave. Page 57 of 263 Business Item 7B Page 2 of 2 Fiscal Impact: None, the costs associated with these policies are included in the budget. Alternatives: Not authorize the Resolution and provide further guidance. Attachments: Resolution. Page 58 of 263 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING POLICIES FOR WASHINGTON PAID FAMILY AND MEDICAL LEAVE AND FOR VOLUNTEER EMERGENCY SERVICES LEAVE. WHEREAS, Washington state implemented the Washington Paid Family and Medical Leave (PFML) program premiums in 2019, and benefits in 2020; and WHEREAS, Washington state law provides job protections for employees who also serve as a volunteer firefighter, reserve peace officer, or member of the Civil Air Patrol and are called upon to perform emergency services; and WHEREAS, the City of Port Orchard has acted in compliance with these regulations since their effective dates; and WHEREAS, in a routine review of leave policies, it was determined that these policies should be provided in writing and included in the City’s personnel policy manual; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Mayor is authorized to implement a Personnel Policy in substantially the form attached hereto as “Exhibit 1”, and incorporate the Policy into the City’s personnel policy manual. THAT: The Mayor is authorized to sign any agreement consistent with this authorization as an addendum to a collective bargaining agreement to implement this program for employees who are represented by a union without further action by the Council. 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 this 20th day of December 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 59 of 263 Exhibit 1, Page 1 Exhibit 1 8.14 WASHINGTON PAID FAMILY AND MEDICAL LEAVE The Washington State Paid Family and Medical Leave (PFML) law and supporting regulations establish a program administered by the Washington Employment Security Department (ESD) to provide paid leave benefits and job protection to eligible employees who need leave for certain family and medical reasons. This policy provides a summary of the PFML program. Employees may obtain additional information at www.paidleave.wa.gov. To the extent an issue is not addressed in this policy, the City will administer this benefit program consistent with applicable statutes and regulations. A. Payroll Deductions. The PFML program is funded through premiums collected by ESD via payroll deductions and City contributions. The premium rate is established by law and subject to change. The City will modify payroll deductions to reflect those changes. B. Eligibility. Under PFML, employees may be eligible for monetary benefits and job protection when taking leave for covered reasons. Eligibility requirements are as follows: 1) Monetary Benefits: In order to be eligible for monetary benefits from ESD, an employee must have worked 820 hours in Washington (for any employer or combination of employers) during the year preceding the claim. 2) Job Protection: In order to be eligible for job protection under PFML, an employee must have worked for the City for at least 12 months and have worked 1250 hours in the last year. An employee is ineligible for PFML benefits during any period of suspension from employment or during which the employee works for remuneration or profit (e.g., outside employment or contracting). C. Leave Entitlement. Eligible employees are entitled to take up to 12 weeks of medical or family leave, or a combined total of 16 weeks of family and medical leave per claim year; an additional two weeks of leave may be available in the event the employee’s leave involves incapacity due to pregnancy. The claim year begins when the employee files a claim for PFML benefits. PMFL leave may be taken for the following reasons: 1) Medical Leave: Medical leave may be taken due to the employee’s own serious health condition, which is an illness, injury, impairment or physical or mental condition that involves inpatient care or continuing treatment by a health care provider, as those terms are defined under the FMLA and RCW 50A.05.010. In the case of PFML following the birth of a child, the first six weeks of leave taken by the birth parent following the birth shall be automatically designated as medical leave unless the birth parent chooses to use family leave. The employee is not required to provide certification of a serious health condition the medical leave designation for this postnatal period. An employee is not eligible for PFML benefits if the employee is receiving time loss benefits under the workers compensation system. Page 60 of 263 Exhibit 1, Page 2 2) Family Leave: For purposes of family leave, covered family members include the employee’s child, grandchild, parent (including in-laws), grandparent (including in-laws), sibling, spouse; or any individual who regularly resides in the employee’s home or with whom the relationship creates an expectation that the employee care for the person (and that person depends on the employee for care). “Family member” does not include a person who simply resides in the same home as the employee with no expectation that the employee care for that person. Family leave may be taken to care for a covered family member with a serious health condition; for bonding during the first 12 months following the birth of the employee’s child or placement of a child under age 18 with the employee (through adoption or foster care); or for qualifying military exigencies as defined under the FMLA. 3) Bereavement Leave: An employee may take PFML as bereavement leave during the seven calendar days following the death of a child born to the employee or placed with the employee. PFML runs concurrently with FMLA where an absence is covered by both laws. PFML leave may be taken intermittently, provided that there is a minimum claim requirement of eight consecutive hours of leave in a week for which benefits are sought. D. PFML Application Process. An employee must submit an application to ESD in order to seek PFML benefits. For guidance on the application process, please refer to the ESD website (www.paidleave.wa.gov). Eligibility determinations will be made by ESD. If approved, the employee will need to file weekly benefit claims with ESD to continue receiving benefits. E. Notification Requirements. An employee must provide written notice to the City of the intent to take PFML leave. If the need for leave is foreseeable, notice must be given at least 30 days in advance of the leave. For unforeseeable leave, notice must be given as soon as practicable. The employee’s written notice must include the type of leave taken (family or medical), as well as the anticipated timing and duration of the leave. If an employee fails to provide this required notice to the City, ESD will temporarily deny PFML benefits. After receiving the employee’s notice of the need for leave, the City will advise the employee whether the employee is eligible for job protection under PFML or FMLA or both. If leave is being taken for the employee’s or family member’s planned medical treatment, the employee must make a reasonable effort to schedule the treatment so as not to unduly disrupt City operations. If taking leave intermittently, an employee must notify the City each time PFML leave is taken so that the City may properly track leave use. F. PFML Monetary Benefits. If ESD approves a claim for PFML benefits, partial wage replacement benefit payments will be made by ESD directly to the employee. The amount of the benefit is based on a statutory formula, which generally results in a benefit in the range of 75-90 percent of an employee’s average weekly wage, subject to a weekly maximum (which is $1,427 for 2022 and thereafter subject to annual adjustments by the Page 61 of 263 Exhibit 1, Page 3 State). ESD’s website includes a benefits calculator to assist employees in estimating their weekly benefit amount. With the exception of leave taken in connection with the birth or placement of a child or leave taken for a qualifying military exigency, monetary PFML benefits are subject to a seven-day waiting period. The waiting period begins on the Sunday of the week in which PFML leave is first taken. The waiting period is counted for purposes of the overall duration of PFML leave, but no monetary benefits will be paid by ESD for that week. Employees may use available accrued leave to cover absences during the waiting period. Paid leave accruals (vacation, sick leave, personal holidays, compensatory time, or any other accrued leave) are not supplemental to PFML benefits, meaning that an employee cannot receive accrued leave and PFML benefits for the same absence. If an employee elects to use accrued leave during a PFML-covered absence, the receipt of accrued leave must be reported to ESD as part of the PFML claims process and will result in a pro-rated (reduced) weekly PFML benefit to reflect that the employee already received some compensation for the absence. 1) Important note: Failure to report the receipt of accrued leave may result in an overpayment by ESD, which ESD may recoup from the employee. G. Coordination with Other Benefit Programs. When an employee is on leave and only receiving PFML benefits, the employee is deemed to be in unpaid status for purposes of City policies and benefit programs. Insurance coverage will be handled in the same manner as other unpaid leaves of absence, pursuant to City policy and subject to any FMLA or other legal requirements requiring continuation of coverage. H. Job Restoration; Return to Work Recertification. An employee who is eligible for job- protected leave will be restored to the same or equivalent position at the conclusion of PFML leave, unless unusual circumstances have arisen (e.g., the employee’s position or shift was eliminated for reasons unrelated to the leave). The City may require a return-to- work certification from a health care provider before restoring the employee to work following PFML leave where the employee has taken leave for the employee’s own serious health condition. Under certain conditions, the City may deny job restoration to a salaried employee who is among the highest paid ten percent of City employees. If an employee taking PFML leave chooses not to return to work for any reason, the employee should notify the City as soon as possible. Page 62 of 263 Exhibit 1, Page 4 8.15 VOLUNTEER EMERGENCY SERVICES LEAVE In accordance with RCW 49.12.460, an employee who is a volunteer firefighter or reserve peace officer, or member of the Civil Air Patrol, will not be subject to discipline or termination when they take leave in response to an alarm of fire or an emergency call, or in the case of Civil Air Patrol, when leave is taken related to an emergency service operation. A. For the purposes of this policy, the following definitions apply: “Alarm of fire or emergency call" means responding to, working at, or returning from a fire alarm or an emergency call, but not participating in training or other nonemergency activities. "Civil air patrol member" means a person who is a member of the Washington wing of the civil air patrol. "Emergency service operation" means the following operations of the civil air patrol: (i) Search and rescue missions designated by the air force rescue coordination center; (ii) Disaster relief, when requested by the federal emergency management agency or the department of homeland security; (iii) Humanitarian services, when requested by the federal emergency management agency or the department of homeland security; (iv) United States air force support designated by the first air force; and (v) Counterdrug missions. “Volunteer firefighter”, means a firefighter covered under chapter 41.24 RCW, (i) who voluntarily performs, regardless of reimbursement, any assigned or authorized duties on behalf of or at the direction of a firefighting or emergency response unit of a city, county, fire district, regional fire protection district, port district, or the state, including but not limited to service pursuant to RCW 43.43.960 through 43.43.975; and (ii) A) has notified the City of their firefighter status and intent to serve as a volunteer if already at the place of employment when called to serve as a volunteer; or B) if not already at the place of employment when called to serve as a volunteer has been ordered to remain at their position by the commanding authority at the scene of the fire. “Reserve peace officer” has the meaning provided in RCW 41.24.010. B. Notice Requirements An employee shall make every reasonable attempt to give their supervisor advance notice of the need to take leave. Page 63 of 263 Exhibit 1, Page 5 C. Type of Leave An employee who is absent from work pursuant to this policy may elect to use their accrued vacation leave, personal holiday, compensatory time or unpaid leave time. D. Verification The supervisor may require that the request for leave be supported by verification from the agency at which the employee volunteers. E. Time for training Training and other non-emergency activities are excluded under this policy. Page 64 of 263 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 7C Meeting Date: December 20, 2022 Subject: Adoption of a Resolution Confirming Prepared by: Brandy Wallace, MMC Mayoral Appointments to Boards, City Clerk Committees, and Commissions Atty Routing No.: N/A Atty Review Date: N/A Summary: Annually, the City Clerk’s office reviews the expiring terms and/or vacancy of members of various boards, committees, and commissions. The Mayor is seeking to appoint the following volunteers to fill expired or vacant terms on various boards, committees, and commissions, upon confirmation of the City Council: • Planning Commission: appointment of Paul Fontenot, Position No. 4, for a four-year term expiring December 31, 2026; • Design Review Board: appointment of Noel Larsen, Professional Position No. 1, for a three-year term expiring December 31, 2025, and appointment of Steve Havert, Professional Position No. 2, for a three-year term expiring December 31, 2025; • Civil Service Commission: re-appointment of Ken Kambich for a six-year term expiring December 31, 2028; • Kitsap County Grant Recommendation Committee: re-appointment of Christine Stansbery for a one- year term expiring December 31, 2023; • Kitsap County Capital Grant Recommendation Committee: appointment of Sheri Ellington for a one- year term expiring December 31, 2023; and • Peninsula Regional Transpiration Planning Organization (PRTPO): re-appointment of Bek Ashby for a one-year term expiring December 31, 2023. Recommendation: Mayor Putaansuu recommends adoption of a Resolution confirming his appointments, as presented. Relationship to Comprehensive Plan: N/A. Motion for consideration: “I move to adopt a Resolution confirming the Mayor’s appointments to the Boards, Committees, and Commissions, as set forth in the Resolution presented.” Fiscal Impact: None. Alternatives: Not confirm the Mayor’s appointment and provide further direction. Attachments: Resolution. Page 65 of 263 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON CONFIRMING MAYORAL APPOINTMENTS TO THE PLANNING COMMISSION, DESIGN REVIEW BOARD, CIVIL SERVICE COMMISSION, KITSAP COUNTY GRANT AND CAPITAL GRANT RECOMMENDATION COMMITTEE AND PENINSULA REGIONAL TRANSPIRATION PLANNING ORGANIZATION (PRTPO) WHEREAS, the Mayor is authorized to appoint volunteers to fill expired or vacant terms on various boards, committees, and commissions, upon confirmation of the City Council; and WHEREAS, the following boards, committees, and commissions have expiring or vacant terms; now therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The City Council of the City of Port Orchard does hereby confirm the appointment of Paul Fontenot, Position No. 4, to the Planning Commission for a four-year term expiring December 31, 2026. THAT: The City Council of the City of Port Orchard does hereby confirm the appointments of Noel Larsen, Professional Position No. 1, and Steve Havert, Professional Position No. 2, to the Design Review Board for a three-year term expiring December 31, 2025. THAT: The City Council of the City of Port Orchard does hereby confirm the re-appointment of Ken Kambich to the Civil Service Commission for a six-year term expiring December 31, 2028. THAT: The City Council of the City of Port Orchard does hereby confirm the re-appointment of Christine Stansbery to the Kitsap County Grant Recommendation Committee for a one-year term expiring December 31, 2023. THAT: The City Council of the City of Port Orchard does hereby confirm the appointment of Sheri Ellington to the Kitsap County Capital Grant Recommendation Committee for a one-year term expiring December 31, 2023. THAT: The City Council of the City of Port Orchard does hereby confirm the re-appointment of Bek Ashby to the Peninsula Regional Transpiration Planning Organization (PRTPO) for a one-year term expiring December 31, 2023. Page 66 of 263 Resolution No. ______ Page 2 of 2 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 20th day of December 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 67 of 263 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7D Meeting Date: December 20, 2022 Subject: Adoption of a Resolution Adopting the Prepared by: Brandy Wallace, MMC 2023 City Council Meeting Schedule City Clerk Atty Routing No.: N/A Atty Review Date: N/A Summary: Pursuant to POMC 2.04.010 Meeting Time and Place, the City Council shall hold a minimum of one meeting per month. The City Council shall determine the annual schedule for these meetings for the next calendar year, no later than the last regular business meeting of the preceding calendar year. As done in previous years, the Council will continue to meet at 6:30 pm on the 2nd and 4th Tuesday of every month for Regular Council meetings and the 3rd Tuesday of every month for a Council work study session. However, the meeting in August will only be held on the 2nd Tuesday, and the meeting in December will be the 2nd and 3rd Tuesday that month, and both meetings to be Regular Council meetings. Recommendation: Staff recommends adoption of a Resolution, adopting the 2023 City Council meeting schedule as presented. Relationship to Comprehensive Plan: None Motion for consideration: I move to adopt a Resolution, adopting the 2023 City Council meeting schedule, as presented. Fiscal Impact: N/A Alternatives: N/A Attachments: Resolution. Page 68 of 263 RESOLUTION NO. _____ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, ADOPTING THE 2023 CITY COUNCIL MEETING SCHEDULE PURSUANT TO POMC 2.04.010 MEETING TIME AND PLACE. WHEREAS, on July 11, 2017, City Council adopted Ordinance No. 026-17 which adopted the classification of non-charter code city for the City of Port Orchard; and WHEREAS, on pursuant to Port Orchard Municipal Code 2.04.010 Meeting Time and Place the city council shall hold a minimum of one meeting per month. The city council shall determine the annual schedule for these meetings for the next calendar year no later than the last regular business meeting of the preceding calendar year; and WHEREAS, City Council typically will meet for regular business meetings the 2nd and 4th Tuesday of each month, with a work study meeting the 3rd Tuesday of each month; and WHEREAS, the meeting in August will only be held on the 2nd Tuesday, and the meeting in December will be the 2nd and 3rd Tuesday that month, and both meetings to be Regular Council meetings; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: The 2023 city council meeting calendar shall be adopted, and meetings shall be held on: January 10th, 17th and 24th February 14th, 21st and 28th March 14th, 21st and 28th April 11th, 18th and 25th May 9th, 16th and 23rd June 13th, 20th and 27th July 11th, 18th and 25th August 8th September 12th, 19th and 26th October 10th, 17th and 24th November 14th, 21st and 28th December 12th and 19th 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 20th day of December 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 69 of 263 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 7E Meeting Date: December 20, 2022 Subject: Adoption of a Resolution Approving Prepared by: Tony Lang, PW Dir. a Memorandum of Understanding Atty Routing No.: 366922-0009 – PW with Port of Bremerton for the Atty Review Date: December 13, 2022 Marina Pump Station Summary: The City owns and operates an existing sewerage pump station located within the Port Orchard Harbor Area in Sinclair Inlet, subject to an Aquatics Land Lease from the Department of Natural Resources (DNR) (Lease No. 22-A02582). The Port of Bremerton owns and operates the Port Orchard Marina adjacent to the City’s sewerage pump station, subject to both a Port Management Agreement and an Aquatics Land Lease both with DNR (PMA No. 22-080016 and Lease No. 22-B02235). The City has designed the Marina Pump Station project to replace the existing sewerage pump station (the “Project”), and the Project will necessitate the use of the Port’s property for construction and associated staging. Construction will result in an encroachment into the Port of Bremerton’s leased area, which triggers a required modification to the DNR-issued Aquatics Land Lease for both the City and the Port. The City and Port have negotiated the terms of a Memorandum of Understanding to govern the relationship between the two agencies during the pendency of the Project’s construction as well as communications/submissions to DNR for the parties’ lease agreements. Recommendation: Staff recommends the City Council adopt a Resolution authorizing the Mayor to execute a Memorandum of Understanding with the Port of Bremerton for the Marina Pump Station project. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt a Resolution authorizing the Mayor to execute a Memorandum of Understanding with the Port of Bremerton for the Marina Pump Station project.” Fiscal Impact: Approximately $88/annually for the City’s proportionate share of Port of Bremerton’s lease area, and actual costs incurred (not to exceed $5,000) for preparing the MOU, surveys, legal descriptions, etc. Costs to be paid from the 2023/2024 operational budget and paid to the Port of Bremerton. Once both DNR leases are amended, the City’s proportionate share of Port of Bremerton’s lease area will be terminated. Alternatives: Do not approve and provide alternative guidance, however this is necessary for the Marina Pump Station project to move forward. Attachments: Resolution, Memorandum of Understanding with the Port of Bremerton. Page 70 of 263 RESOLUTION NO. 124-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE PORT OF THE BREMERTON FOR THE MARINA PUMP STATION. WHEREAS, the Port Orchard Marina located within the Port Orchard Harbor Area in Sinclair Inlet is owned and operated by the Port of Bremerton, pursuant to a Port Management Agreement (PMA) No. 22-080016 and an Aquatic Land Lease No. 22-B02235 with the Washington Department of Natural Resources (“DNR”); and WHEREAS, the City utilizes property adjacent to the Port of Bremerton’s property for a parking lot, public access, and a public sewage pump station, pursuant to an Aquatic Land Lease No. 22-A02582 with DNR; and WHEREAS, the City has designed the Marina Pump Station to replace the existing pump station to increase capacity and better serve the community, along with associated improvements (the “Project”), and the Project will impact the Port of Bremerton’s property and require a modification to the City’s and the Port’s agreements with DNR; and WHEREAS, the City and the Port of Bremerton have negotiated a Memorandum of Understanding to govern the City’s use of the Port’s property during the Project’s construction, as well as communications/submissions to DNR for the parties’ agreements; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to authorize the execution of this agreement; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Mayor is authorized to execute the Memorandum of Understanding with the Port of Bremerton for the Marina Pump Station project. 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 20th day of December 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 71 of 263 Memorandum of Understanding for Use of Department of Natural Resources (DNR) Aquatics Land Area in Port of Bremerton Port Management Agreement (PMA) 22-080016 Between City of Port Orchard and Port of Bremerton 2022 Page 72 of 263 Contents 1. RECITALS ............................................................................................................................................... 1 2. PURPOSE ............................................................................................................................................... 2 3. PREMISES .............................................................................................................................................. 3 4. EFFECTIVE DATE .................................................................................................................................... 3 5. TERM ..................................................................................................................................................... 3 6. PERMITTED USE .................................................................................................................................... 4 7. COMPENSATION ................................................................................................................................... 4 8. RESTRICTIONS ON USE; COMPLIANCE WITH LAW ................................................................................ 5 9. INSURANCE ........................................................................................................................................... 6 10. RECIPROCAL INDEMNIFICATION ........................................................................................................... 7 11. PRESENCE OF HAZARDOUS MATERIALS ................................................................................................ 8 12. DEFAULT BY CITY OF PORT ORCHARD ................................................................................................... 8 13. NOTICE .................................................................................................................................................. 8 14. ENTIRE AGREEMENT ............................................................................................................................. 9 Page 73 of 263 Page | 1 MEMORANDUM OF UNDERSTANDING THIS MEMORANDUM OF UNDERSTANDING (“MOU”) is dated on the day of the last signature on this MOU, by and between the Port of Bremerton (“Port”), a public port district, and the City of Port Orchard (“City”), a Washington State municipal corporation. RECITALS A. The Port Orchard Marina is owned and operated by the Port of Bremerton, which has a Port Management Agreement (PMA) no. 22-080016 with Department of Natural Resources (“DNR”) for use of State-owned aquatics lands for port purposes. It is located within the Port Orchard Harbor Area in Sinclair Inlet, in Kitsap County, Washington. B. The Port of Bremerton has a lease no. 22-B02235 with DNR for use of State-owned aquatic lands commonly known as the Port of Bremerton Port Orchard Waterfront, for the Port use with the Port Orchard equipment and water dependent uses serving the Port Orchard Marina. The present termination date for lease no. 22-B02235 is August 31, 2041. Throughout this Agreement, this lease is referred to as the “Port’s DNR Lease”. C. The City of Port Orchard has a lease no. 22-A02582 with DNR for use of State-owned aquatics lands for parking lot, public access, and City public sewage pump station. The lease area is located within the Port Orchard harbor area of Sinclair Inlet, in the City of Port Orchard, Kitsap County, Washington. The present termination date for lease no. 22-0A2582 is June 3, 2024. Throughout this Agreement, this lease is referred to as the “City’s DNR Lease”. D. The State-owned aquatics lands under the Port’s DNR lease and the City’s DNR Lease for the City Pump Station are adjacent parcels. E. The City of Port Orchard existing City sewage pump station impacts and encroaches into the Port of Bremerton lease area within the Port’s DNR Lease, and the City proposes to demolish the existing station and to construct a new sewage pump station, holding tanks, conveyance pipes, and power generation improvements with an increased impact and encroachment into the Port of Bremerton lease area subject to the Port’s DNR Lease. An Exhibit of those proposed, expanded encroachments are depicted in Exhibit A. F. The Port is willing to allow City use of the portion of upland state-owned lands area that overlaps the Port’s DNR Lease of the Port’s PMA no. 22-0800016 shown in Exhibit A. G. The Port is willing to allow the City temporary use of the upland state-owned lands for temporary project construction access and staging and that overlaps the Port’s DNR lease shown in Exhibit B. Page 74 of 263 Page | 2 H. The City commits that the Port shall have use and public access to Port Marina Buildings, Marina Access Gates, and to the Port facilities for uninterrupted operations throughout the construction period for the City Marina Sewage Pump Construction project. I. The City commits that the Port shall have use and access for semi fuel truck delivery to the Port Orchard Marina fuel tanks for uninterrupted fuel dock operations throughout the construction period and after completion of the proposed Sewage Pump Station, subsequent Port Orchard Community Center, and proposed Bay Street Elevation improvement projects. The Port commits to provide the City with 72-hour advanced notice of deliveries, consistent with the terms of this agreement. J. The City agrees to coordinate with the Port for any modifications and/or updates to the aforementioned existing DNR leases, as may be required by DNR. The Port authorizes the City to communicate with DNR regarding these specific lease modifications, provided the Port is included on these communications. The City commits that it will provide all needed language and exhibits for lease modifications (if any) for the City encroachments. NOW, THEREFORE, IT IS AGREED AS FOLLOWS: AGREEMENT 1. RECITALS The foregoing recitals are true and correct and are incorporated herein by this reference. 2. PURPOSE 2.1 The purpose of this Memorandum of Understanding is to set forth the terms and conditions by which the Port will sublet to the City that portion of property described below as the “Premises” for a time certain, conditioned upon and pending DNR approval, as well as the terms and conditions of seeking and obtaining necessary modifications to the City lease referenced above and the Port lease referenced above, conditioned upon DNR approval, which will remove the area described as the “Premises” from the Port lease and add it to the City lease. The parties acknowledge this process may be lengthy, and provide for the time frame below. 2.2 The purpose of this MOU is to also replace and rescind the existing 1987 MOU between the City of Port Orchard and the Port of Bremerton regarding the existing wastewater pump station. 3. PREMISES The "Premises" consists approximately of 1,524.25 square feet of DNR aquatic lease area shown in Exhibit A, attached hereto, and as depicted and legally described in Exhibit A. By this Agreement and subject to DNR approval, the parties intend for the Premises to be removed from the Port’s DNR Lease and added to the City’s DNR Lease. Page 75 of 263 Page | 3 The City of Port Orchard acknowledges and agrees that it is familiar with the Premises, accepts the Premises in its "as is" condition, without any improvements or alterations by Port, without representation or warranty of any kind, and subject to all applicable laws governing its use, occupancy, and possession. City acknowledges and agrees that it has investigated and inspected the condition of the Premises and the suitability of the Premises for City’s intended use. City acknowledges and agrees that Port has not made, and Port hereby disclaims, any representations or warranties, express or implied, concerning the rentable area of the Premises, the physical or environmental condition of the Premises, the present or future suitability of the Premises for City’s intended use, accessibility of the Premises or any other matter whatsoever relating to the Premises, including, without limitation, any implied warranties of merchantability or fitness for a particular purpose. 4. EFFECTIVE DATE The "Effective Date" of this MOU shall be the date this MOU has been fully executed. 5. TERM 5.1 The "Term" of this MOU shall begin on the Effective Date and continue for a period of 24 months, unless earlier terminated as provided herein; provided, the City may exercise one (1) two- year extension without further action by the Port if DNR has not completed the transfer of the Premises from the Port’s DNR Lease to the City’s DNR Lease. It is the intention of the parties to continue this agreement until the lease “transfer” is completed, provided if the MOU terminate prior to that occurring, the parties will negotiate the terms of a MOU to govern the conditions that exist at that time. 5.2 The City may exercise their option to extend by written notice at least 30 days prior to the expiration of this MOU. 5.3 In the event a modification to the City’s DNR Lease to encompass Premises within the City lease is completed, defined as executed by DNR and by the City, prior to the expiration of this MOU, the parties agree this MOU would terminate automatically upon such completion. 5.4 Either the City or the Port shall have the right to terminate this MOU with respect to the Premises by delivering 90 days of written notice to the other party. 6. PERMITTED USE 6.1 The City shall have the right to use the Premises for the provision of public access to City public facilities, for City pump station facilities, public parks, and similar allowed uses, and for incidental directly related uses identified within Port’s DNR Lease and for no other purpose for the duration of this Agreement (collectively, the “Permitted Use”). Page 76 of 263 Page | 4 6.2 Use of the Premises by City will allow for continued public use of the Port Orchard public plaza, park and its benefits and amenities at no cost to Port. Given the existing City DNR Lease, all uses proposed for the parcel shall be compliant with DNR use requirements. 6.3 Written notification shall be provided by the City to the Port within 90 days prior to any proposed use of the premises for a non-water-dependent use, commercial use, or similar use that results in a higher calculation rate for the Port’s DNR lease, annual lease amount for either the Premises or the whole of the Port’s DNR lease. 6.4 The City shall ensure that the Port and public shall have use and access to Port Marina Buildings, Marina Access Gates, and to the fuel dock (see below) for uninterrupted operations throughout the construction period for the City Marina Sewage Pump Construction project, subject to any closures that are unavoidable due to conditions outside of the City’s control. 6.5 The City shall ensure that the Port shall have use and access for semi fuel truck delivery to the Port Orchard Marina fuel tanks for uninterrupted fuel dock operations throughout the construction period and after completion of the proposed Sewage Pump Station, subsequent Port Orchard Community Center, and proposed Bay Street Elevation improvement projects. 7. COMPENSATION 7.1 The City shall provide the Port of Bremerton annual financial compensation for the proportion share of the annual DNR lease rate for the Port’s DNR Lease based upon square footage of 1,524.25 square feet, as identified within Exhibit A . The Port’s Lease has a total square footage of 26,051.6 square feet, as identified in Exhibit B. For the duration of this Agreement, the City shall financially compensate the Port each year for the proportional share of the DNR annual lease rate in the proportional amount of 5.85% of the total amount. 7.2 The Port shall provide notification to the City of the annual DNR lease rate amount for the Port’s DNR Lease upon payment and acceptance by DNR for each year’s payment. Notification and an invoice of the annual DNR proportional share amount shall be provided to the City within 90 days after the annual payment and acceptance to DNR. 7.3 The City shall provide compensation and payment to the Port each year for the proportional share to be provided on or before December 31 of each year, with the initial annual, proportional sub-lease payment due to the Port by December 31, 2023. 7.4 In the event that any City activity, projects, use, or installation results in a non-water- dependent use or commercial use that results in a higher calculation rate for the Port’s DNR Lease annual lease amount for either the portion or the whole of the Port’s DNR Lease, then Page 77 of 263 Page | 5 the City shall compensate the Port for the differential lease costs for that City directed non- water dependent or commercial use calculation. 7.5 The City shall compensate the Port for the actual cost of any surveys, legal descriptions, or required reports borne by the Port in furtherance of the purposes of this MOU. The City further agrees to compensate the Port for the actual legal costs incurred by the Port in preparing this MOU, not to exceed $5,000. Reimbursement shall be due 30 days after presentation of billing to City. 7.6 In the event that any City activity, projects, construction or use shall disrupt the Port Orchard Marina fuel dock operations or disrupt access for semi fuel truck delivery to the Port Orchard Marina fuel tanks for uninterrupted fuel dock operations throughout the construction period and after completion of the proposed Sewage Pump Station, subsequent Port Orchard Community Center, and proposed Bay Street Elevation improvement projects, then the City will be liable for $ 1,350.00 per day as liquidated damages, payable to the Port for each day of operations disruption, beginning the 3rd day of disruption until the resumption of fuel dock operations and/or access. Payments to the Port shall be made monthly to the Port each month after a disruption occurs. 8. RESTRICTIONS ON USE; COMPLIANCE WITH LAW 8.1 City shall not use or permit the Premises, or any part thereof, to be used for any purposes other than the purposes set forth in Paragraph 6 of this MOU. City agrees not to make any material improvements or significant alterations to the Premises or the Overlap Area without the prior written consent of Port as well as obtaining any necessary regulatory permits. 8.2 City shall not perform any act which will cause a cancellation of any insurance policy covering the Premises. City, at City's expense, shall comply with all laws, regulations and requirements of any federal, state, and local government authority (including Port and City), now in force or which may hereafter be in force, which shall impose any duty upon Port or City necessitated solely by use, occupation or alteration of the Premises under this MOU, except for any such laws that impose a duty upon Port arising from the condition of the Premises prior to City's use of the Premises. City shall comply, and cause approved agents to comply, with all laws, regulations and requirements of any federal, state, and local government authority (including Port and City), now in force or which may hereafter be in force, in using the Overlap Area for access purposes. 8.3 City shall not sublet described property without written authorization from the Port of Bremerton. 8.4 City shall be responsible for all maintenance, landscape, repairs, janitorial duties, and operations of facilities or improvements located within the area identified within Exhibit A, and areas within the City’s DNR Lease. Page 78 of 263 Page | 6 8.5 City shall comply with all provisions identified and required by the Washington State Department of Natural Requirements indicated and identified within the Port’s DNR Lease 9. INSURANCE 9.1 The City shall procure and maintain the following insurance policies to apply to the Premises for the duration of the MOU: The City will maintain the following levels of insurance while this agreement is in effect Additionally, the City will require its Contractor for the Marina Lift Station project to provide the following coverages: a. Primary and Excess Commercial Marine General Liability. Primary and Excess Commercial General Liability insurance with limits no less than ten million dollars ($10,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. General liability coverage must be broad enough to include work on or around sewage pump station and electrical equipment, construction activities, generators, commercial activity, or parks, public event issues arising on the upland portion of the Premises. Coverage shall also include impacts due to flooding, sewage, effluent, or similar spills or public health issues, or impacts from a public sewer pump station activity. b. Primary and Excess Protection and Indemnity. Subject to a minimum coverage of not less than ten million dollars ($10,000,000) combined single limit per accident for Crew, including Jones Act liability, and passenger’s bodily injury and property damage. c. Primary and Excess Pollution Legal Liability Insurance. Coverage for sudden and accident damages for facilities, buildings, and infrastructure with limits no less than ten million dollars ($10,000,000). e. All Risk Property. “all risk” property insurance coverage written on a replacement cost basis for the fuel tanks, utilities, and all infrastructure serving the marina buildings, piers, ramps, gangways, and floats. City shall be named a sole Loss Payee. 9.1.1 Additional Insured Status. The foregoing insurance policies (except for the Hull & Machinery) shall name the Port of Bremerton and DNR as additional insureds as to occurrences arising from the activities of City and its employees. City shall provide certificates of insurance and, if requested, copies of any policy to the Port of Bremerton. Page 79 of 263 Page | 7 9.1.2 Other Policy Provisions. Furthermore, the policies of insurance required herein shall: (i) be written as a primary policy; (ii) written on an occurrence basis, (iii) expressly provide that such insurance may not be materially changed, amended, or canceled except upon thirty (30) days prior written notice; and (iv) shall be written by an insurance company licensed to do business in the State of Washington. 9.1.3 DNR Requested Construction Bond. Pursuant to the direction of DNR, the City will procure a construction bond equal to 125% of the Project cost of construction (as per Section 7 of the City’s DNR Lease), or will require its contractor to maintain a construction bond in the same amount. 10. RECIPROCAL INDEMNIFICATION To the maximum extent permitted by law, each Party shall defend, indemnify, and hold harmless the other Party and all of its officials, Board Members, employees, principals, and agents from all claims, demands, suits, actions, and liability of any kind, including injuries to persons or damages to property (“Claims”), which arise out of, are connected with, or are due to the negligent acts or omissions of the indemnifying Party, its contractors, and/or employees, agents and representatives in performing its obligations under this Agreement, provided each Party’s obligation under this section applies only to the extent of the negligence of that Party or its contractors, employees, agents, or representatives. Each of the Parties agrees that its obligations under this section extend to any claim, demand, cause of action and judgment brought by, or on behalf of, any of its employees or agents. For this purpose, both Parties, by mutual negotiation, hereby waive, regarding the other Party only, any immunity that would otherwise be available against such claims under the industrial insurance provisions of Title 51 RCW. 11. PRESENCE OF HAZARDOUS MATERIALS 11.1 Washington State law requires landlords to disclose to tenants the presence or potential presence of certain Hazardous Materials. Accordingly, the City of Port Orchard is hereby advised that Hazardous Materials (as herein defined) may be present on or near the Premises and the Access Area, including, but not limited to vessel fluids and janitorial products. By execution of this MOU, City of Port Orchard acknowledges that the NOA Laws require that the City of Port Orchard must disclose the information contained in this Section 11 to any subtenant, licensee, transferee, or assignee of City of Port Orchard's interest in this MOU. City of Port Orchard also acknowledges its own obligations pursuant to Washington State Code as well as the penalties that apply for failure to meet such obligations. 11.2 City of Port Orchard shall notify the Port of Bremerton of any Hazardous Materials 12. DEFAULT BY CITY OF PORT ORCHARD The occurrence of any one or more of the following events shall constitute a default by City of Port Orchard: Failure to perform any provision of this MOU if the failure to perform is not cured within ninety (90) days after Port has given written notice to City of Port Orchard, Page 80 of 263 Page | 8 provided any prevention, delay or stoppage due to strikes. lockouts, labor disputes, acts of God, inability to obtain labor or materials or reasonable substitutes therefor, governmental restrictions, regulations or controls, enemy or hostile governmental action, riot, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform, shall excuse the performance. If the default cannot reasonably be cured within 90 days, City of Port Orchard shall not be in default of this MOU if City of Port Orchard commences to cure the default within such ninety (90) day period and diligently and in good faith continues to cure the default. 13. NOTICE Any notice given under this MOU shall be effective only if in writing and given by delivering the notice in person or by sending it first-class mail or certified mail with a return receipt requested or by overnight courier return receipt requested, with postage prepaid, at the following addresses, or at such other addresses as either the Port or City of Port Orchard may designate by notice as its new address: Address for Port of Bremerton: Chief Executive Officer Port of Bremerton 8850 SW State Hwy 3 Bremerton, WA 98312 Telephone No: (360) 674-2381 Fax No: (360) 674-2807 Email: jimr@portofbremerton.org Address for City of Port Orchard: Mayor City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Telephone No: (360) 876-4407 Fax No: (360) 895-9029 Email: rputaansuu@portorchardwa.gov Any notice hereunder shall be deemed to have been given two (2) days after the date when it is mailed if sent by first-class or certified mail, one day after the date it is mailed, if sent by overnight courier, or upon the date personal delivery is made. For convenience of the parties, copies of notices may also be given by email, facsimile or telephone to the address or numbers set forth above or such other address or number as may be provided from time to time; however, neither the Port nor City of Port Orchard may give official or binding notice by email, telephone or facsimile. Page 81 of 263 Page | 9 14. ENTIRE AGREEMENT This MOU (including attached exhibits, if any) contains the entire understanding between the parties with respect to the subject matter hereof. [REMAINDER OF PAGE LEFT BLANK] Page 82 of 263 124-22 Page 83 of 263 FREDERICK AVE ORCHARD AVE SI N C L A I R I N L E T AB A D A N H O L D I N G S L L C 46 5 0 - 0 1 3 - 0 0 1 - 0 0 0 7 BL O C K 1 3 PL A T O F S I D N E Y T I D E L A N D S KI T S A P B A N K 4 6 5 0 - 0 1 2 - 0 0 1 - 0 0 0 9 BL O C K 1 2 PL A T O F S I D N E Y T I D E L A N D S KI T S A P B A N K 4 6 5 0 - 0 1 1 - 0 0 1 - 0 0 0 1 BL O C K 1 1 PL A T O F S I D N E Y T I D E L A N D S B A Y S T 1 2 3 4 5 6 7 8 9 10 MU L T I - U S E FA C I L I T Y PR O P E R T Y P O I N T T A B L E PO I N T 1 2 3 4 5 6 7 8 9 10 NO R T H I N G 20 3 2 0 1 . 2 2 20 3 2 8 8 . 8 6 20 3 2 0 2 . 7 6 20 3 2 8 1 . 1 7 20 3 3 1 1 . 6 1 20 3 3 5 7 . 5 2 20 3 3 7 5 . 9 3 20 3 3 8 7 . 2 6 20 3 3 8 3 . 2 5 20 3 3 2 8 . 3 6 EA S T I N G 11 9 4 5 3 7 . 7 6 11 9 4 5 7 3 . 9 2 11 9 4 5 2 1 . 4 3 11 9 4 5 3 2 . 6 2 11 9 4 5 9 8 . 6 1 11 9 4 5 7 2 . 0 6 11 9 4 5 7 6 . 0 7 11 9 4 5 9 3 . 7 0 11 9 4 6 1 2 . 1 1 11 9 4 6 4 4 . 8 4 DE S C R I P T I O N PR O P O S E D P R O P E R T Y B O U N D A R Y M O D I F I C A T I O N PR O P O S E D P R O P E R T Y B O U N D A R Y M O D I F I C A T I O N TE M P O R A R Y C O N S T R U C T I O N E A S E M E N T TE M P O R A R Y C O N S T R U C T I O N E A S E M E N T TE M P O R A R Y C O N S T R U C T I O N E A S E M E N T TE M P O R A R Y C O N S T R U C T I O N E A S E M E N T TE M P O R A R Y C O N S T R U C T I O N E A S E M E N T TE M P O R A R Y C O N S T R U C T I O N E A S E M E N T TE M P O R A R Y C O N S T R U C T I O N E A S E M E N T TE M P O R A R Y C O N S T R U C T I O N E A S E M E N T SU R V E Y E X H I B I T LO N G - T E R M C I T Y O F P O R T OR C H A R D E N C R O A C H M E N T FU E L T R U C K P A T H P O S T CO M M U N I T Y C E N T E R CO N S T R U C T I O N TE M P O R A R Y CO N S T R U C T I O N E A S E M E N T PR E L I M I N A R Y EXHIBIT A Page 84 of 263 When recorded,returnto: Port of Bremerton 8850 SW StateHighway 3 Port Orchard,WA 98367-7487 PORT OF BREMERTON 201109290042 LeaseRec Fee:$94.0009/29/201110:00AM Page:1 of 33WalterWashington,KitsapCoAuditor IlillllllIlllIllillll|||lill||1|1111||Ililllll||lllllllll|lll1||IlillIlllIllillllllill WASHINGTON STATE DEPARTMENT OF Natural Resources PeterGoldmark-CommissionerofPublicLands AQUATIC LANDS LEASE Lease No.22-802235 Grantor:Washington StateDepartment ofNatural Resources Grantee(s):Portof Bremerton L alDesc tion:Tract 1:That ortionof theharbor area1 landward of the Mean Hi Water line,frontingBlocks 11 and Orchard StreetinSM Stevens Town Platof Sidney, filedin Volume 1,page 1 of Platsrecordsof Kitsap County,Washington and Block 11 and Orchard Streetlying withintheShore and Tidelands of Sidney as shown on that certainmap dated May 30, 1892,being a portion of Government Lot 3,Section 26, Township 24 North,Range 1 East,W.M.,more particularlydescribedinExhibit A;and Tract2:That ortionof the harbor area1 'ng landward of theMean High Water line, frontingBlocks 12 and 13,Sidney Streetand a portion of Orchard Street,FredrickStreet and portionof Sidney StreetinSM Stevens Town Platof Sidney,filedinVolume 1,page 1 of Plats,recordsof Kitsap County,Washington,Block 13 and portionof Sidney Street inFirstAddition to Sidney Kitsap County,Washington,recordedinVolume 1,page 10 of Plats,records of Kitsap County, Washington and Block 12 and 13 ,Sidney Street, Fredrick Streetand a portion of Orchard Street,lying withinthe Shore and Tidelands of Sidney as shown on thatcertainmap dated May 30,1892,being a portionof Government Lots 3 and 4,Section 26,Township 24 North,Range 1 East W.M.,and more particularly describedinExhibitA. The complete legaldescriptionis on Sheet 1 of 12 of Exhibit A,Current Survey recorded with Kitsap County,Auditor'sFileNo.201103010135,datedMarch 01,2011. Assessor's Property Tax Parcelor Account Number:Not Applicable Assessor's Property Tax ParcelforUpland parcelused in conjunctionwith thisLease: 262401-1-007-2008 PortofBremerton Page 1of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard EXHIBIT B Page 85 of 263 c ,201109290042 09/29/2011 10:00:37 AM Page 2 of 33 THIS LEASE isbetween the STATE OF WASHINGTON,actingthrough the Department of Natural Resources ("State"),and PORT OF BREMERTON,a government entity("Port"). BACKGROUND Port desirestoleasethe aquatic lands commonly known as the west end of thePort Orchard waterfront,which are tidelandsand a harbor area locatedin Kitsap County,Washington,from State,and Statedesiresto leasethe property to Port pursuant totheterms and conditionsof this Lease.Statehas authoritytoenterLease under Chapter 43.12,Chapter 43.30 and Title79 of the Revised Code of Washington (RCW). In 1984,the Aquatics Land Act (RCW 79.105.420 revised)authorizeda port districtto manage State-owned aquaticlands abuttingor used in conjunctionwith and contiguous to uplands owned,leased,or otherwise managed by a port district,forport purposes.Implementing rules (WAC 332-30-114)furtherdefined eligibilityformanagement under a Port Management Agreement requiringa port controlboth the dry uplands and any interveningtidelands.The State,as a matter of practice,included filledtidelandswith upland characteristicsas uplands controlledby a port. Along both the Bremerton waterfront(a.k.a.SinciairLanding)and along portionsofthePort Orchard waterfront,extensivehistoricfillingresultedinthe firstareaswith upland characteristics being State-owned.In recognitionofthe intentofthe Aquatics Lands Act,the Stateleased to the PortofBremerton areas used for upland uses and accesstoPort-owned facilitiesallowing the abuttingStateHarbor Areas tobe eligibleforinclusioninthe Port Management Agreement No. 22-080016,as amended (PMA). This Lease isone ofthreeareasleased tothePort by theState specificallyforPMA eligibility. The area consistsof two subparcels.Itabuts PMA No.22-080016,Parcel1 inPortOrchard. The historicLease areaconsistedof parking,landscaping,utilities,and public access associated with the Port-owned marina structures.This Lease amends thehistoricLease areato includethe stripof filledtidelandsand thebulkhead to Mean High Water. This stripwas formerlymanaged under Aquatic Lands Lease 22-002582 between the City of PortOrchard and the State.That Lease has been amended to exclude thearea now being added tothisLease,Aquatic Lands Lease 22-802235. THEREFORE,the Partiesagree as follows: PortofBremerton Page2 of33 AquaticLandsLeaseNo.22-802235 West End PortOrchard Page 86 of 263 v < s 201109290042 09/29/2011 10:00:37 AM Page 3 of 33 SECTION 1 PROPERTY 1.1 Property Defined. (a)Stateleasesto Port and Portleasesfrom Statetherealproperty describedin Exhibit A togetherwith allthe rightsof State,ifany,to improvements on and easements benefitingthe Property,but subjecttothe exceptionsand restrictions setforthinthisLease (collectivelythe "Property"). (b)This Lease is subjecttoallvalidinterestsof thirdpartiesnoted inthe records of Kitsap County,or on filein theOfficeof the Commissioner of Public Lands, Olympia,Washington;rightsofthe public under the PublicTrust Doctrine or federalnavigation servitude;and treatyrightsof Indian Tribes. (c)This Lease does not include a rightto harvest,collector damage natural resources,includingaquaticlifeor livingplants;water rights;mineral rights;or a rightto excavate or withdraw sand,gravel,or othervaluable materials. (d)Statereservesthe rightto grant easements and other landuses on the Property to otherswhen the easement or otherland uses willnot interfereunreasonably with thePermitted Use. 1.2 Survey and Property Descriptions. (a)Port prepared Exhibit A,which describesthe Property.Portwarrants thatExhibit A isa trueand accurate descriptionof the Lease boundaries and the improvements tobe constructedor alreadyexistinginthe Lease area.Port's obligationto provide a trueand accuratedescriptionof the Property boundaries is a materialterm of thisLease. (b)State'sacceptance of ExhibitA does not constituteagreement thatPort'sproperty descriptionaccuratelyreflectsthe actualamount of land used by Port. State reservesthe rightto retroactivelyadjustrentifat any time during theterm of the Lease Statediscoversa discrepancybetween Port'sproperty descriptionand the area actuallyused by Port. 1.3 Inspection.Statemakes no representationregarding the conditionof the Property, improvements locatedon the Property,the suitabilityofthe Property forPort'sPermitted Use, compliance with governmental laws and regulations,availabilityof utilityrights,accessto the Property,or theexistenceofhazardous substanceson the Property.Port inspectedthe Property and accepts it"AS IS." SECTION 2 USE 2.1 Permitted Use.Portshalluse the Property for:nonwater-dependent offices,parking, marina support services,and public access (the"Permitted Use"),and forno other purpose. Portof Bremerton .Page 3 of33 AquaticLandsLeaseNo.22-802235 West End PortOrchard Page 87 of 263 201109290042 09/29/2011 10:00:37 AM Page 4 of 33 2.2 Restrictionson Permitted Use and Operations.The following limitationsapply tothe Property and adjacentState-owned aquatic land.Port'scompliance with the following does not limitPort'sliabilityunder any other provision ofthisLease. (a)Port shallnot cause or permit: (1) Damage tonaturalresources, (2)Waste,or (3) Deposit of material,unless approved by Statein writing,and except tothe extentexpresslypermitted inExhibitB.This prohibitionincludesdeposit of fill,rock,earth,ballast,wood waste,refuse,garbage,waste matter, pollutantsof any type,or othermatter. (4)Except as expresslypermitted inExhibitB,Fort shallnot constructnew bulkheads or place hard bank armoring. (5) Except as expresslypermitted inExhibitB,Port shallnot installfixed breakwaters. 2.3 Conformance with Laws. Port shall,atalltimes,keep currentand comply with all conditionsand terms ofpermits,licenses,certificates,regulations,ordinances,statutes,and other government rulesand regulationsregarding Port'suse or occupancy of the Property. 2.4 Liens and Encumbrances. Unless expresslyauthorizedby Statein writing,Port shall keep the Property freeand clearof liensor encumbrances arisingfrom thePermittedUse or Port'soccupancy ofthe Property. SECTION 3 TERM 3.1 Term Defined.The term of thisLease isthirty(30)years(the"Term"),beginning on the firstday of September 2011 (the"Commencement Date"),and ending on the thirty-firstday of August 2041 (the"Termination Date"),unlessterminatedsooner under the terms ofthisLease. 3.2 Renewal of the Lease. This Lease does not provide a rightof renewal.Port may apply for a new lease,which Statehas discretionto grant.Port must apply for a new leaseatleastone (1)year priortoTermination Date.Statewill notifyPortwithin ninety(90)days of itsintentto approve or deny a new Lease. 3.3 End ofTerm. (a) Upon the expirationor terminationofthisLease,Port shallremove Improvements in accordance with Section 7,Improvements,and surrenderthe Property to State in thesame orbetterconditionas on the Commencement Date,reasonablewear and tearexcepted. (b)Definitionof Reasonable Wear and Tear. (1)Reasonable wear and tearisdeteriorationresultingfrom thePermitted Use thathas occurred without neglect,negligence,carelessness,accident,or PortofBremerton Page 4 of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 88 of 263 201109290042 09/29/2011 10:00:37 AM Page 5 of 33 abuse of the Propertyby Port or any otherperson on the premises with the permission of Port. (2)Reasonable wear and teardoes not includeunauthorized depositof materialprohibitedunder Paragraph 2.2 regardlessof whether the deposit isincidentaltoorthe byproduct of thePermittedUse. (c)IfProperty isinworse condition,excepting forreasonablewear and tear,on the surrenderdatethan on the Commencement Date,the followingprovisionsapply: (1)Stateshallprovide Porta reasonable time totakeallstepsnecessary to remedy theconditionof the Property.Statemay requirePort toenterinto a right-of-entryor other use authorizationpriortothePort enteringthe Property ifthe Lease has terminated. (2)IfPort failsto remedy the conditionofthe Property ina timely manner, Statemay take stepsreasonably necessary to remedy Port'sfailure.Upon demand by State,Port shallpay allcostsof State'sremedy,includingbut not limitedtothecostsof removing and disposing of materialdeposited improperly on the Property,lostrevenue resultingfrom the conditionof the Property,and administrativecostsassociatedwith the State'sremedy. 3.4 Holdover. (a)IfPortremains in possession of the Property aftertheTermination Date,the occupancy willnot be an extensionorrenewal of theTerm. The occupancy will be a month-to-month tenancy,on terms identicaltothe terms of thisLease,which eitherPartymay terminateon thirty(30)days'writtennotice. (1)The monthly rentduring the holdover willbe the same rentthatwould be due iftheLease were stillin effectand alladjustments in rentwere made inaccordance with itsterms. (2)Payment of more than the monthly rentwillnot be construedtocreatea periodictenancy longer than month-to-month. IfPort pays more thanthe monthly rent and Stateprovides noticetovacatethe property,Stateshall refund theamount of excess payment remaining afterthe Portceases occupation of the Property. (b)IfStatenotifiesPorttovacatethe Property and Portfailstodo so within thetime setforthinthe notice,Portwillbe a trespasserand shallowe theStateallamounts due under RCW 79.02.300 or other applicablelaw. SECTION 4 RENT 4.1 Annual Rent. (a)Until adjustedas setforthbelow,Portshallpay to Statean annual rentof Thirteen Thousand Three Hundred Twenty-one and 04/100 Dollars ($13,321.04)relatedto the nonwater-dependent use. (b)The annual rent,as itcurrentlyexistsor as adjustedor modified (the"Annual Rent"),isdue and payable in fullon orbeforethe Commencement Date and on or PortofBremerton Page 5of 33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 89 of 263 201109290042 09/29/2011 10:00:37 AM Page 6 of 33 before the same dateof each year thereafter.Any payment not paid by State's closeof business on the datedue ispast due. 4.2 Payment Place. Port shallmake payment toFinancialManagement Division,1111 Washington St SE,MS 47041,Olympia,WA 98504-7041. 4.3 Adjustment Based on Use.Annual Rent isbased on Port'sPermitted Use ofthe Property,as describedin Section 2 above.IfPort'sPermitted Use changes,the Annual Rent shallbe adjustedas appropriateforthe changed use. 4.4 Rent Adjustment Procedures. (a)Notice of Rent Adjustment.Stateshallprovide noticeof adjustments to the Annual Rent allowed under Paragraph 4.5(b)toPort in writingno laterthan ninety (90)days afterthe anniversarydate oftheLease. (b)Procedures on Failureto make Timely Adjustment.Ifthe Statefailsto provide thenoticerequiredin Paragraph 4.4(a),Stateshallnot collectthe adjustment amount forthe year inwhich Statefailedto provide notice.Upon providing noticeof adjustment,Statemay adjustand prospectivelybillAnnual Rent as if missed or waived adjustments had been implemented atthe proper interval.This includesthe implementation of any inflationadjustment. 4.5 Rent Adjustments for Nonwater-Dependent Uses. (a)InflationAdjustment.Except in those years in which Staterevalues therentunder Paragraph 4.5(b)below,Stateshalladjustnonwater-dependent rent annually on theCommencement Date.Adjustment isbased on the percentage rateof change inthe previous calendar year'sConsumer PriceIndex published by theBureau of Labor Statisticsof the United StatesDepartment of Commerce,fortheSeattle- Tacoma-Bremerton Consolidated Metropolitan StatisticalArea,All Urban Consumers,allitems 1982-84 =100.Ifpublicationof theConsumer Price Index isdiscontinued,Stateshalluse a reliablegovernmental or other nonpartisan publicationevaluatingtheinformation used in determining the Consumer Price Index. (b)Revaluation of Rent. (1)At the end of thefirstfour-yearperiod ofthe Term,and attheend of each subsequent four-yearperiod,Stateshallrevaluethe nonwater-dependent Annual Rent toreflectthethen-currentfairmarket rent. (2)IfStateand Port cannot reach agreement on thefairmarket rentalvalue, the Partiesshallsubmit thevaluationto a review board of appraisers.The board must consistof threemembers,one selectedby and atthecostof Port;a second member selectedby and atthecostof State;and a third member selectedby the other two members with thecostshared equally by Stateand Port.The decisionof the majority of the board binds the Parties.Until thePartiesagree to,or thereview board establishes,thenew rent,Portshallpay rent inthe same amount establishedforthe preceding year.Iftheboard determines additionalrentisrequired,Port shallpay the PortofBremerton Page 6 of33 AquaticLands LeaseNo.22-802235 WestEnd PortOrchard Page 90 of 263 201109290042 09/29/2011 10:00:37 AM Page 7 of 33 additionalrentwithinten (10)days oftheboard'sdecision.Ifthe board determines a refund isrequired,Stateshallpay therefund withinten (10) days of theboard'sdecision. SECTION 5 OTHER EXPENSES 5.1 Utilities.Portshallpay allfeescharged forutilitiesrequiredor needed by thePermitted Use. 5.2 Taxes and Assessments. Portshallpay alltaxes (includingleaseholdexcise taxes), assessments,and other governmental charges applicableor attributabletothe Property,Port's leaseholdinterest,the improvements,orPort'suse and enjoyment ofthe Property. 5.3 Right to Contest. Ifin good faith,Port may contestany taxor assessment atitssolecost and expense.At the requestof State,Port shallfurnishreasonableprotectioninthe form of a bond or other security,satisfactoryto State,againstlossor liabilityresultingfrom such contest. 5.4 Proof of Payment.Ifrequiredby State,Portshallfurnishto Statereceiptsor other appropriateevidence establishingthe payment of amounts thisLease requiresPortto pay. 5.5 Failure to Pay.IfPortfailsto pay amounts due under thisLease,Statemay pay the amount due,and recoveritscostinaccordance with Section6. SECTION 6 LATE PAYMENTS AND OTHER CHARGES 6.1 Failure to Pay Rent. Failureto pay rentisa defaultby thePort.Statemay seek remedies under Section 14 as well as latecharges and interestas provided inthisSection6. 6.2 Late Charge.IfStatedoes not receivefullrentpayment withinten (10)days of thedate due,Portshallpay to Statea latecharge equal to four percent(4%)of the unpaid amount or Fifty Dollars ($50),whichever isgreater,to defray the overhead expenses of Stateincidentto the delay. 6.3 Interest Penalty for Past Due Rent and Other Sums Owed. (a)Port shallpay intereston the past due rentattherateof one percent(1%) per month untilpaid,inadditionto paying thelatecharges determined under Paragraph 6.2. Rent not paid by the closeof businesson thedue datewill begin accruing interestthe day afterthe due date. (b)IfStatepays or advances any amounts foror on behalf of Port,Port shall reimburse Statefor the amount paid or advanced and shallpay intereston that amount attherateof one percent(1%) per month from thedateStatenotifiesPort of the payment or advance. This includes,but isnot limitedto,State'spayment PortofBremerton Page 7 of33 AquaticLandsLeaseNo.22-802235 West End PortOrchard Page 91 of 263 201109290042 09/29/2011 10:00:37 AM Page 8 of 33 of taxesof any kind,assessments,insurance premiums,costsof removal and disposalof materialsor Improvements under any provisionofthisLease,or other amounts not paid when due. 6.4 Referral to Collection Agency and Collection Agency Fees.IfStatedoes not receive fullpayment within thirty(30)days of thedue date,Statemay referthe unpaid amount to a collectionagency as provided by RCW 19.16.500 or other applicablelaw.Upon referral,Port shallpay collectionagency feesinadditiontothe unpaid amount. 6.5 No Accord and Satisfaction.IfPort pays,or Stateotherwise receives,an amount less than the fullamount then due,Statemay apply such payment as itelects.Statemay accept payment in any amount without prejudiceto State'srighttorecover thebalance of the rent or pursue any other rightor remedy.No endorsement or statementon any check,any payment,or any letteraccompanying any check or payment constitutesaccord and satisfaction. 6.6 No Counterclaim, Setoff,or Abatement of Rent.Except as expresslysetforth elsewhere inthisLease,Port shallpay rentand allother sums payable by Port without the requirement thatStateprovide priornoticeor demand.Port'spayment isnot subjectto counterclaim,setoff,deduction,defenseor abatement. SECTION 7 IMPROVEMENTS 7.1 Improvements Defined. (a) "Improvements,"consistentwith RCW 79.105 through 79.145,areadditions within,upon,or attachedto the land.This includes,but isnot limitedto,fill, structures,bulkheads,docks,pilings,and other fixtures. (b)"Personal Property"means items thatcan be removed from the Property without (1)injurytothe Property or Improvements or (2)diminishing the value or utility of the Property or Improvements. (c)"State-Owned Improvements"are Improvements made orowned by State.State- Owned Improvements includesany construction,alteration,or additionto State- Owned Improvements made by Port. (d)"Port-Owned Improvements"are Improvements authorizedby Stateand (1)made by Port or (2)acquired by Port from the priortenant. (e)"Unauthorized Improvements"are Improvements made on the Property without State'spriorconsentor Improvements made by Portthatdo not conform to plans submitted to and approved by the State. 7.2 Existing Improvements.On theCommencement Date,the followingImprovements are locatedon the Property:Boardwalk, Bulkhead,Buildings.The Improvements arePort-Owned. PortofBremerton Page 8 of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 92 of 263 201109290042 09/29/2011 10:00:37 AM Page 9 of 33 7.3 Construction,Major Repair,Modification,and Demolition. (a)This Paragraph 7.3 governs construction,alteration,replacement,major repair, modification,demolition,and deconstructionof Improvements ("Work").Section 11 governs routinemaintenance and minor repair. (b)All Work must conform to requirements under Paragraph 7.4.Paragraph 11.3, which appliestoroutinemaintenance and minor repair,also appliestoallWork under thisParagraph 7.3. (c) Except inan emergency,Portshallnot conduct Work,without State'sprior writtenconsent,as follows: (1)Statemay deny consent ifStatedetermines thatdenialisinthebest interestsof theStateor ifproposed Work does not comply with Paragraph 7.4and 11.3.Statemay impose additionalconditionsreasonably intended to protectand preservethe Property.IfWork is forremoval of Improvements atEnd of Term,Statemay waive removal of some or all Improvements. (2) Except inan emergency,Portshallsubmit toStateplans and specifications describingthe proposed Work atleastsixty(60)days before submitting permit applicationsto regulatoryauthoritiesunlessPort and State otherwise agree tocoordinatepermit applications.At a minimum,or ifno permits are necessary,Portshallsubmit plans and specificationsatleast ninety(90)days before commencement of Work. (3)Statewaives the requirement for consent ifStatedoes not notifyPort of its grant or denialof consent within sixty(60)days of submittal. (d)PortshallnotifyStateof emergency Work within five(5)business days of the startof such Work.Upon State'srequest,Port shallprovide Statewith plans and specificationsor as-builtsof emergency Work. (e)Portshallnot commence or authorizeWork untilPorthas: (1)Obtained a performance and payment bond inan amount equal to zero percent(0.0%)of the estimatedcostof construction.Portshallmaintain the performance and payment bond untilPort pays infullthecostsof the Work,includingalllaborersand materialpersons. (2)Obtained allrequiredpermits. (f)Before completing Work,Portshallremove alldebrisand restorethe Property,to an orderlyand safe condition.IfWork isintended for removal of Improvements at End of Term,Port shallrestorethe Property in accordance with Paragraph 3.3, End of Term. (g) Upon completing work,Portshallpromptly provide Statewith as-builtplans and specifications. (h)Stateshallnot charge rentforauthorizedImprovements installedby Port during thisTerm of thisLease,but Statemay charge rentforsuch Improvements when and ifPort or successorobtainsa subsequent use authorizationforthe Property and Statehas waived the requirement for Improvements tobe removed as provided in Paragraph 7.5. PortofBremerton Page 9 of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 93 of 263 s *201109290042 09/29/2011 10:00:37 AM Page 10 of 33 7.4 Standards for Work. Port shallcomply with State'sStandards for Improvements currentatthe time Port submits plans and specificationsforState'sapproval in accordance with Paragraph 7.3(b). 7.5 Port-Owned Improvements at End ofLease. (a)Disposition. (1)Port shallremove Port-Owned Improvements inaccordance with Paragraph 7.3 upon the expiration,termination,orcancellationof the Lease unlessStatewaives the requirement for removal. (2)Port-Owned Improvements remaining on the Property on the expiration, terminationor cancellationdateshallbecome State-Owned Improvements without payment by State,unlessStateelectsotherwise. Statemay refuse orwaive ownership.IfRCW 79.125.300 or 79.130.040 apply atthe time thisLease expires,Port could be entitledto payment by the new tenantfor Port-Owned Improvements. (3)IfPort-Owned Improvements remain on the Property afterthe expiration, termination,or cancellationdate without State'sconsent,Statemay remove allImprovements and Port shallpay State'scosts. (b)Conditions Under Which StateMay Waive Removal of Port-Owned Improvements. (1)Statemay waive removal of some or allPort-Owned Improvements whenever State determines thatitisinthe bestinterestsof theStateand regardlessof whether Port re-leasesthe Property. (2)IfPort re-leasesthe Property,Statemay waive requirement toremove Port-Owned Improvements.Statealsomay consent to Port'scontinued ownership of Port-Owned Improvements. (3)IfPortdoes not re-leasethe Property,Statemay waive requirement to remove Port-Owned Improvements upon considerationof a timelyrequest from Port,as follows: (i)Port must notifyStateatleastone (1)year before theTermination Date of itsrequestto leavePort-Owned Improvements. (ii)State,within ninety(90)days of receivingPort'snotification,will notifyPort whether Stateconsents to some or allPort-Owned Improvements remaining.Statehas no obligationto grant consent. (iii)State'sfailureto respond toPort'srequesttoleave Improvements within ninety(90)days isa denialof the request. (c)Port'sObligationsifStateWaives Removal. (1)Portshallnot remove Improvements ifStatewaives the requirement for removal of some or allPort-Owned Improvements. (2)Portshallmaintain such Improvements inaccordance with thisLease until the expiration,termination,or cancellationdate. Port isliabletoStatefor costof repairifPortcausesor allows damage to Improvements Statehas designated to remain. PortofBremerton Page 10of33 AquaticLandsLeaseNo.22-802235 West End PortOrchard Page 94 of 263 201109290042 09/29/2011 10:00:37 AM Page 11 of 33 7.6 Disposition ofUnauthorized Improvements. (a)Unauthorized Improvements belong to State,unless Stateelectsotherwise. (b)Statemay either: (1)Consent toPort ownership of the Improvements,or (2)Charge rentforuse of the Improvements from thetime of installationor constructionand (i)Require Porttoremove the Improvements in accordance with Paragraph 7.3,inwhich case Port shallpay rentforthe Improvements untilremoval, (ii)Consent to Improvements remaining and Port shallpay rentforthe use of the Improvements,or (iii)Remove Improvements and Portshallpay forthe costof removal and disposal,in which casePortshallpay rentforuse ofthe Improvements untilremoval and disposal. 7.7 Disposition of Personal Property. (a)Portretainsownership of Personal Property unlessPort and Stateagree otherwise in writing. (b)Portshallremove Personal Property from the Property by the Termination Date. Portisliablefor damage tothe Property and Improvements resultingfrom removal ofPersonal Property. (c)Statemay sellor dispose of allPersonal Property lefton the Property afterthe Termination Date. (1)IfStateconducts a saleof Personal Property,Stateshallapply proceeds firsttothe State'sadministrativecostsin conducting the sale,second to payment of amount thatthen may be due from thePortto the State.State shallpay the remainder,ifany,tothePort. (2)IfStatedisposes of Personal Property,Portshallpay forthe costof removal and disposal. SECTION 8 ENVIRONMENTAL LIABILITY/RISK ALLOCATION 8.1 Definitions. (a)"Hazardous Substance"means any substancethatnow or inthe futurebecomes regulatedor definedunder any federal,state,or localstatute,ordinance,rule, regulation,or otherlaw relatingto human health,environmental protection, contamination,pollution,or cleanup. (b)"Release or threatenedreleaseof Hazardous Substance" means a releaseor threatenedreleaseas definedunder any law describedin Paragraph 8.1(a). (c)"Utmost care"means such a degree of care aswould be exercisedby a very careful,prudent,and competent person under thesame or similarcircumstances; thestandardof care applicableunder the Washington State Model Toxics Control Act ("MTCA"), Chapter 70.105 RCW,as amended. PortofBremerton Page 11of33 AquaticLandsLeaseNo.22-802235 West End PortOrchard Page 95 of 263 201109290042 09/29/2011 10:00:37 AM Page 12 of 33 (d)"Port and affiliates"when used inthisSection 8 means Portor Port'ssubtenants, contractors,agents,employees,guests,invitees,licensees,affiliates,or any person on the Property with the Port'spermission. (e)"Liabilities"as used in thisSection 8 means any claims,demands,proceedings, lawsuits,damages,costs,expenses,fees (includingattorneys'feesand disbursements),penalties,or judgments. 8.2 General Conditions. (a)Port'sobligationsunder thisSection 8 extend to thearea in,on,under,or above (1)The Property and (2)Adjacent State-owned aquaticlands ifaffectedby a releaseof Hazardous Substances thatoccurs as a resultof the PermittedUse. (b)Standard of Care. (1)Portshallexercisethe utmost care with respectto Hazardous Substances. (2)Portshallexerciseutmost careforthe foreseeableactsor omissions of thirdpartieswith respectto Hazardous Substances,and the foreseeable consequences of those actsor omissions,tothe extentrequiredtoestablish a viable,third-partydefense under the law. 8.3 Current Conditions and Duty to Investigate. (a)Statemakes no representationabout the conditionofthe Property.Hazardous Substances may existin,on,under,or above the Property. (b)This Lease does not impose a duty on Statetoconduct investigationsor supply informationto Port about Hazardous Substances. (c)Portisresponsibleforconducting allappropriateinquiryand gatheringsufficient informationabout the existence,scope,and locationof Hazardous Substances on ornear the Property necessary forPort tomeet Port'sobligationsunder thisLease and utilizethe Property for thePermittedUse. 8.4 Use of Hazardous Substances. (a)Portand affiliatesshallnot use,store,generate,process,transport,handle,release, or dispose ofHazardous Substances,except inaccordance with allapplicable laws. (b)Portshallnot undertake,or allow otherstoundertake by Port'spermission, acquiescence,or failureto act,activitiesthatresultina releaseor threatened releaseofHazardous Substances. (c)Ifuse of Hazardous Substances relatedtoPort'suse or occupancy ofthe Property resultsinviolationof law: (1)Portshallsubmit to Stateany plans forremedying the violations,and (2)Port shallimplement any remedialmeasures torestorethe Property or naturalresources thatStatemay requireinadditiontoremedial measures requiredby regulatoryauthorities. (d)Port shallcomply with the provisionsof Chapter 90.56 RCW Oil and Hazardous Substance SpillPrevention and Response Act. Portshalldevelop,update as necessary and operate in accordance with a plan of operationsconsistentwith the PortofBremerton Page 12of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 96 of 263 201109290042 09/29/2011 10:00:37 AM Page 13 of 33 requirements of Chapter 90.56 RCW. Failureto comply with the requirements of Chapter 90.56 is a defaultunder Section 14. (e)At a minimum,Portand affiliatesshallobserve the following Hazardous Substances operationalstandards.Ifthe Washington Department of Ecology,U.S. Environmental ProtectionAgency or other regulatoryagency establishesdifferent standardsapplicabletoPort'sactivitiesunder the Permitted Use,Portshallmeet the standardthatprovides greaterprotectiontotheenvironment. (1)Portshallnot allow work on overwater structuresor vesselswithout protectivemeasures to preventdischargeof toxinstothe water,including: (i)Portshallnot cause or allow underwater hull scraping and other underwater removal of paints. (ii)Portshallnot cause or allow underwater refinishingwork from boatsor temporary floatsunlesspermittedby an industrial NationalPollutionDischarge Elimination System (NPDES) permit. (iii)Portshallnot cause or allow above thewaterlineboat repairsor refinishingin-water except iflimitedtodecks and superstructures and lessthan 25 percent of a boat isrepairedor refinishedin-water per year. (iv)Portshalluse and requireotherstouse tarpsand other dust,drip and spillcontainment measures when repairingor refinishingboats m water. (2)Portshallnot storeor allow otherstostorefueltanks,petroleum products, hydraulicfluid,machinery coolants,lubricantsand chemicals not inuse in locationsabove thewater surface. (3)Portshallinspectallequipment usingpetroleum products,hydraulic fluids,machinery coolants,chemicals,or othertoxicor deleterious materialson a monthly basis and immediately make allrepairsnecessary to stopleakage.Port shallsubmit toStatean annual reportdocumenting inspectionsand repair. (4)Portshallmaintain a supply of oilspillcontainment materialsadequate to containa spillfrom the largestvesselin use on the Property. (5)Portshallnot use or allow use of a pressurewasher at any locationabove the water surfaceto clean any item thatuses petroleum products. (6)Portshallincorporatebest management practicesto prevent thereleaseof chemical contaminants,wastewater,garbage and other pollutants,as specifiedin Resource Manual forPollutionPreventioninMarinas publishedby the Washington Department of Ecology, publicationnumber 98-11,availableat http://www.ecy.wa.gov/biblio/9811.html.Ifthe Department of Ecology or other regulatoryagency establishesdifferent standards,Portshallmeet the most protectivestandard. PortofBremerton Page 13of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 97 of 263 201109290042 09/29/2011 10:00:37 AM Page 14 of 33 8.5 Management of Contamination,ifany. (a)Port and affiliatesshallnot undertake activitiesthat: (1)Damage or interferewith the operationof remedial or restoration activities,ifany; (2)Result inhuman or environmental exposure to contaminated sediments,if any; (3)Resultinthemechanical or chemical disturbanceof on-sitehabitat mitigation,ifany. (b)Ifrequested,Portshallallow reasonable accessto: (1) Employees and authorizedagents of the Environmental Protection Agency,the Washington StateDepartment of Ecology,healthdepartment, or othersimilarenvironmental agencies;and (2)Potentiallyliableor responsiblepartieswho arethe subjectof an order or consent decreethatrequiresaccesstothe Property.Port may negotiatean access agreement with such parties,butPort may not unreasonably withhold such agreement. 8.6 Notificationand Reporting. (a)Port shallimmediately notifyStateifPortbecomes aware of any of the following: (1)A releaseorthreatenedreleaseof Hazardous Substances; (2)Any new discovery of or new information about a problem or liability relatedto,or derived from,the presence of Hazardous Substances; (3) Any lienor actionarisingfrom Hazardous Substances; (4)Any actualor allegedviolationof any federal,state,or localstatute, ordinance,rule,regulation,or other law pertainingtoHazardous Substances; (5) Any notificationfrom theUS Environmental ProtectionAgency (EPA)or the Washington StateDepartment of Ecology (DOE)thatremediationor removal ofHazardous Substances isor may be requiredat the Property. (b)Port'sduty to reportunder Paragraph 8.6(a)extendsto lands describedin Paragraph 8.2(a)and to any other property used by Portin conjunction with the Property ifa releaseof Hazardous Substances on theotherproperty could affect the Property. (c)Port shallprovide Statewith copies of alldocuments Portsubmits to any federal, stateor localauthoritiesconcerning environmental impacts or proposals relative to the Property.Documents subjecttothisrequirement include,but arenot limitedto,applications,reports,studies,or auditsforNational Pollution Discharge and Elimination System Permits;Army Corps of Engineers permits; StateHydraulic ProjectApprovals (HPA);StateWater Quality certification; SubstantialDevelopment permit;and any reportingnecessary for the existence, location,and storageofHazardous Substances on the Property. PortofBremerton Page 14of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 98 of 263 201109290042 09/29/2011 10:00:37 AM Page 15 of 33 8.7 Indemnification. (a)To theextent allowed by law,Port shallfullyindemnify,defend,and hold State harmless from and againstLiabilitiesthatariseout of,or relateto: (1)The use,storage,generation,processing,transportation,handling,or disposalof any Hazardous Substance by Portand affiliatesoccurring whenever Port occupies or has occupied the Property; (2)The releaseor threatenedreleaseof any Hazardous Substance resulting from any actor omission of Port and affiliatesoccurringwhenever Port occupies or has occupied the Property. (b)To the extentallowed by law,Port shallfullyindemnify,defend,and hold State harmless for Liabilitiesthatariseout of or relatetoPort'sbreach of obligations under Paragraph 8.5. (c). Port has no duty to indemnify Statefor actsor omissions of thirdpartiesunless and only ifan administrativeor legalproceeding arisingfrom a releaseor threatenedreleaseof Hazardous Substances findsorholds thatPort failedto exercisecareas described in Paragraph 8.2(b)(2).Insuch case,Port shallfully indemnify,defend,and hold Stateharmless from and againstLiabilitiesarising from the actsor omissions ofthirdpartiesinrelationtothereleaseor threatened releaseofHazardous Substances.This includesLiabilitiesarisingbefore the findingor holding inthe proceeding. 8.8 Reservation of Rights. (a)For Liabilitiesnot covered by theindemnificationprovisionsof Paragraph 8.7,the Partiesexpresslyreserveand do not waive any rights,claims,immunities,causes of action,ordefenses relatingto Hazardous Substances thateitherPartymay have againsttheother under law. (b)The Partiesexpresslyreserveallrights,claims,immunities,and defenses either Partymay have againstthirdparties.Nothing inthisSection 8 benefitsor creates rightsfor thirdparties. (c)The allocationsof risks,Liabilities,and responsibilitiessetforthin thisSection8 do not releaseeitherParty from or affectthe liabilityof eitherParty forHazardous Substances claims or actionsby regulatoryagencies. 8.9 Cleanup. (a)IfPort'sact,omission,or breach of obligationunder Paragraph 8.4 resultsina releaseof Hazardous Substances thatexceeds thethresholdlimitsof any applicableregulatorystandard,Port shall,atPort'ssole expense,promptly takeall actionsnecessary or advisableto clean up theHazardous Substances in accordance with applicablelaw. (b)Port may undertake a cleanup of the Property pursuant tothe Washington State Department of Ecology's Voluntary Cleanup Program, provided thatPort cooperates with the Department of Natural Resources in development of cleanup plans.Port shallnot proceed with Voluntary Cleanup withoutthe Department of Natural Resources approval of finalplans. Nothing inthe operationof this provision isan agreement by the Department of NaturalResources thatthe PortofBremerton Page 15of33 AquaticLandsLeaseNo. 22-802235 WestEnd PortOrchard Page 99 of 263 201109290042 09/29/2011 10:00:37 AM Page 16 of 33 Voluntary Cleanup complies with any laws or with the provisionsofthisLease. Port'scompletion of a Voluntary Cleanup isnot a releasefrom or waiver of any obligationforHazardous Substances under thisLease. 8.10 Sampling by State,Reimbursement,and SplitSamples. (a)Statemay enterthe Property and conduct sampling,tests,audits,surveys,or investigations("Tests")ofthe Property at any time todeterminethe existence, scope,or effectsofHazardous Substances. (b)Ifsuch Tests,along with any other information,demonstrate a breach of Port's obligationsregarding Hazardous Substances under thisLease,Port shallpromptly reimburse Stateforallcosts associatedwith the Tests,provided Stategave Port thirty(30)calendar days advance noticein nonemergencies and reasonably practicalnoticein emergencies. (c)In nonemergencies,Port isentitledtoobtain splitsamples of Test samples, provided Port gives Statewrittennoticerequestingsplitsamples atleastten (10) calendar days before Stateconducts Tests.Upon demand,Portshallpromptly reimburse State foradditionalcost,ifany,of splitsamples. (d)IfeitherParty conducts Testson the Property,the conducting Party shallprovide theotherwith validatedfinaldata and qualityassurance/qualitycontrol/chainof custody information about theTests within sixty(60)calendardays of a written requestby theotherparty,unless Testsare partof a submittalunder Paragraph 8.6(c)inwhich casePortshallsubmit data and informationtoStatewithout writtenrequestby State.Neither party is obligatedto provide any analytical summaries or thework product of experts. 8.11 Closeout Assessment. (a)Statemay requirePort toconduct a Closeout Environmental Assessment ("Closeout Assessment") priorto Termination ofthe Lease. (b)The purpose of theCloseout Assessment istodetermine the existence,scope,or effectsof Hazardous Substances on the Property and associatednaturalresources. The Closeout Assessment may include sediment sampling. (c)No laterthan one hundred eighty(180)calendar days priortothe Termination Date,or within ninety (90)days of validnoticeto earlytermination,State shall provide Portwith writtennoticethatStaterequiresa Closeout Assessment. (d)Within sixty(60)days of State'snoticethatCloseout Assessment isrequired and before commencing assessment activities,Portshallsubmit a proposed plan for conducting the Closeout Assessment in writing forState'sapproval. (e)IfState failsto approve or disapprove of the plan in writingwithin sixty(60)days of itsreceipt,Statewaives requirement for approval. (f)Port shallbe responsibleforallcostsrequired to complete planning,sampling, analyzing,and reportingassociatedwith the Closeout Assessment. (g)Iftheinitialresultsof the Closeout Assessment disclosethatHazardous Substances may have migrated toother property,Statemay requireadditional Closeout Assessment work todetermine the existence,scope,and effectof PortofBremerton Page 16of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 100 of 263 201109290042 09/29/2011 10:00:37 AM Page 17 of 33 Hazardous Substances on adjacentproperty,any other property subjecttouse by Port in conjunction with itsuse of the Property,or on associatednaturalresources. (h)Port shallsubmit Closeout Assessment to Stateupon completion. (i)As requiredby law,Portshallreporttothe appropriateregulatoryauthoritiesif theCloseout Assessment disclosesa releaseor threatenedreleaseofHazardous Substances. SECTION 9 ASSIGNMENT AND SUBLETTING 9.1 State Consent Required.Portshallnot convey,transfer,or encumber any part of Port's interestin thisLease or the Property without State'spriorwrittenconsent,which Stateshallnot unreasonably conditionor withhold. (a)In determining whether to consent,Statemay consider,among otheritems,the proposed transferee'sfinancialcondition,business reputationand experience,the nature of the proposed transferee'sbusiness,the then-currentvalue of the Property,and such other factorsas may reasonably bear upon the suitabilityof the transfereeas a tenantof the Property.Statemay refuse itsconsent to any conveyance,transfer,or encumbrance ifitwillresultina subdivisionof the leasehold.Port shallsubmit informationregarding any proposed transfereeto Stateat leastthirty(30)days priortothe dateof the proposed transfer. (b)Statereservesthe righttoconditionitsconsent upon: (1) Changes intheterms and conditionsofthisLease,including,but not limitedto,theAnnual Rent;and/or (2)The agreement of Portor transfereetoconduct Tests for Hazardous Substances on the Property or on other property owned or occupied by Portor thetransferee. (c)Each permitted transfereeshallassume allobligationsunder thisLease,including the payment of rent.No assignment,sublet,ortransfershallrelease,discharge,or otherwise affectthe liabilityof Port. (d)State'sconsent under thisParagraph 9.1 does not constitutea waiver of any claims againstPort fortheviolationof any term of thisLease. 9.2 Rent Payments Following Assignment.The acceptance by Stateof the payment of rent following an assignment or othertransferdoes not constituteconsent to any assignment or transfer. 9.3 Terms of Subleases. (a)Portshallsubmit theterms of allsubleasesto Statefor approval. (b)Portshallincorporatethe followingrequirements in allsubleases: (1)The sublease must be consistentwith and subjectto allthe terms and conditionsofthisLease; (2)The subleasemust provide thatthisLease controlsiftheterms of the subleaseconflictwith theterms of thisLease; PortofBremerton Page 17of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 101 of 263 201109290042 09/29/2011 10:00:37 AM Page 18 of 33 (3)The term of the sublease (includingany period oftime covered by a renewal option)must end beforetheTermination Date of theinitialTerm or any renewal term; (4)The sublease must terminateifthisLease terminatesfor any reason; (5)The subtenant must receiveand acknowledge receiptof a copy of this Lease; (6)The sublease must prohibitthe prepayment toPort by thesubtenantof more than the annual rent; (7)The sublease must identifytherentalamount subtenantisto pay to Port; (8)The subleasemust provide thatthereisno privityof contractbetween the subtenantand State; (9)The sublease must requireremoval ofthe subtenant'sImprovements and Personal Propertyupon terminationof the sublease; (10)The subtenant'spermitted use must be within the scope ofthePermitted Use;and (11)The sublease must requirethesubtenantto meet allobligationsof Port under Section 10,Indemnification,FinancialSecurity,and Insurance. 9.4 Short-Term Subleases of Moorage Slips.Short-term subleasingof moorage slipsfora term of lessthanone (1)year does not requireState'swrittenconsent or approvalpursuant to Paragraphs 9.1or 9.3. Portshallconform moorage subleaseagreements tothesublease requirements in Paragraph 9.3. SECTION 10 INDEMNITY,FINANCIAL SECURITY,INSURANCE 10.1 Indemnity.Each Party shallbe responsiblefortheactionsand inactionsofitselfand its own officers,employees,and agentsactingwithinthe scope of theirauthority. 10.2 Insurance Terms. (a)Insurance Required. (1)At itsown expense,Port shallprocure and maintain during theTerm of thisLease,theinsurance coverages and limitsdescribedinthisParagraph 10.2and in Paragraph 10.3,Insurance Types and Limits. Statemay terminatethisLease ifPort failstomaintain requiredinsurance. (2)Unless State agrees toan exception,Portshallprovide insuranceissuedby an insurance company or companies admitted to do businessinthe State of Washington and have a ratingof A- orbetterby themost recently published editionof Best's Reports.Port may submit a requesttotherisk manager forthe Department ofNaturalResources to approve an exception tothisrequirement.Ifan insurerisnot admitted,theinsurancepolicies and procedures for issuingthe insurancepoliciesshallcomply with Chapter 48.15 RCW and 284-15 WAC. (3)All generalliability,excess,umbrella,property,builder'srisk,and pollutionlegalliabilityinsurancepoliciesmust name the Stateof PortofBremerton Page 18of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 102 of 263 201109290042 09/29/2011 10:00:37 AM Page 19 of 33 Washington,the Department ofNatural Resources,itselectedand appointed officials,agents,and employees as an additionalinsured. (4)All insuranceprovided in compliance with thisLease must be primary as to any otherinsuranceor self-insuranceprograms affordedtoor maintained by State. (b)Waiver. (1)Portwaives allrightsagainstStateforrecovery of damages totheextent insurancemaintained pursuant tothisLease covers these damages. (2) Except as prohibitedby law,Portwaives allrightsof subrogationagainst Stateforrecovery of damages totheextentthatthey arecovered by insurancemaintained pursuant tothisLease. (c)Proofoflnsurance. (1)Portshallprovide Statewith a certificate(s)of insurance executed by a duly authorizedrepresentativeof each insurer,showing compliance with insurancerequirements specifiedin thisLease and,ifrequested,copies of policiestoState. (2)The certificate(s)of insurancemust referenceadditionalinsuredsand the Lease number. (3)Receipt of such certificatesor policiesby Statedoes not constitute approval by Stateof theterms of such policies. (d)Statemust receivewrittennoticebeforecancellationornon-renewal of any insurancerequiredby thisLease,as follows: (1)Insurerssubjectto RCW 48.18 (admittedand regulatedby theInsurance Commissioner):Ifcancellationisdue to non-payment of premium, provide Stateten (10)days'advance noticeof cancellation;otherwise, provide Stateforty-five(45)days'advance noticeof cancellationor non- renewal. (2)InsurerssubjecttoRCW 48.15 (surpluslines):Ifcancellationisdue to non-payment of premium, provide Stateten (10)days'advance noticeof cancellation;otherwise,provide Statethirty(30)days'advance noticeof cancellationor non-renewal. (e) Adjustments in Insurance Coverage. (1)Statemay impose changes inthelimitsof liabilityforalltypes of insuranceas Statedeems necessary. (2)Portshallsecurenew or modified insurancecoverage within thirty(30) days afterStaterequireschanges inthelimitsof liability. (f)IfPortfailsto procure and maintain theinsurancedescribedabove within fifteen (15)days afterPortreceivesa noticeto comply from State,Statemay either: (1)Deem thefailurean Event of Defaultunder Section 14,or (2)Procure and maintain comparable substituteinsuranceand pay the premiums. Upon demand,Portshallpay to Statethe fullamount paidby State,togetherwith interestattherateprovided in Paragraph 6.2 from the dateof State'snoticeof the expenditureuntilPort'srepayment. PortofBremerton Page 19of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 103 of 263 201109290042 09/29/2011 10:00:37 AM Page 20 of 33 (g)General Terms. (1)Statedoes not representthatcoverage and limitsrequiredunder thisLease are adequate to protectPort. (2) Coverage and limitsdo not limitPort'sliabilityforindemnificationand reimbursements granted toStateunder thisLease. (3)The Partiesshalluse any insuranceproceeds payable by reason of damage or destructionto property firsttorestoretherealproperty covered by this Lease,then to pay the cost of the reconstruction,then to pay the State any sums in arrears,and then toPort. 10.3 Insurance Types and Limits. (a)General LiabilityInsurance. (1)Portshallmaintain commercial generalliabilityinsurance (CGL)or marine generalliability(MGL) covering claims forbodily injury,personal injury,or property damage arisingon the Property and/or arisingout of Port'suse,occupation,or controlofthe Property and,ifnecessary, commercial umbrella insurancewith a limitofnot lessthan One Million Dollars ($1,000.000)per each occurrence.Ifsuch CGL or MGL insurance containsaggregate limits,the generalaggregate limitmust be at least twicethe"each occurrence"limit.CGL or MGL insurancemust have products-completedoperationsaggregate limitof at leasttwo times the "each occurrence"limit. (2)CGL insurancemust be writtenon Insurance ServicesOffice (ISO) Occurrence Form CG 00 01 (or a substituteform providingequivalent coverage).All insurancemust cover liabilityarisingout of premises, operations,independent contractors,productscompleted operations, personal injuryand advertisinginjury,and liabilityassumed under an insuredcontract(includingthetortliabilityof another party assumed ina business contract)and contain separationof insured (cross-liability) condition. (3)MGL insurancemust have no exclusionsfornon-owned watercraft. (b)Workers'Compensation. (1)Stateof Washington Workers'Compensation. (i)Portshallcomply with allStateof Washington workers' compensation statutesand regulations.Portshallprovide workers' compensation coverage forallemployees ofPort.Coverage must includebodilyinjury(includingdeath)by accidentor disease, which arisesout of or in connectionwith Port'suse,occupation, and controlof the Property. (ii)IfPort failsto comply with allStateof Washington workers' compensation statutesand regulationsand Stateincursfinesor is requiredby law to provide benefitstoorobtain coverage forsuch employees,Portshallindemnify State.Indemnity shallincludeall fines;payment ofbenefitsto Port,employees,or theirheirsor PortofBremerton Page 20 of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 104 of 263 201109290042 09/29/2011 10:00:37 AM Page 21 of 33 legalrepresentatives;and thecostof effectingcoverage on behalf of such employees. (2) Longshore and Harbor Workers' and Jones Acts.Longshore and Harbor Workers' Act (33 U.S.C. Section901 et seq.)and/or the Jones Act (46 U.S.C. Section 688) may requirePortto provide insurancecoverage in some circumstances. Portshallascertainifsuch insuranceisrequired and,ifrequired,shallmaintain insurancein compliance with law. Port is responsibleforallciviland criminalliabilityarisingfrom failureto maintain such coverage. (c) Employers' LiabilityInsurance.Port shallprocure employers'liabilityinsurance, and,ifnecessary,commercial umbrella liabilityinsurancewith limitsnot lessthan One Million Dollars ($1,000,000)each accidentfor bodilyinjuryby accidentor One MillionDollars ($1,000,000)each employee forbodily injuryby disease. (d) Property Insurance. (1)Portshallbuy and maintain property insurancecovering allrealproperty and fixtures,equipment,Port Improvements and betterments(regardlessof whether owned by Portor State).Such insurancemust be writtenon an all risksbasis and,atminimum,cover the perilsinsured under ISO Special Causes of Loss Form CP 10 30,and cover the fullreplacement costof the property insured.Such insurance may have commercially reasonable deductibles.Any coinsurance requirement in the policymust be waived. The policy must include Stateas an insured and a losspayee. (2)In theeventof any loss,damage,or casualtywhich iscovered by one or more of the types of insurance described above,the PartiestothisLease shallproceed cooperativelyto settlethe lossand collectthe proceeds of such insurance,which Stateshallhold in trust,includinginterestearned by Stateon such proceeds,foruse according to the terms of thisLease. The Partiesshalluse insuranceproceeds inaccordance with Paragraph 10.2(g)(3). (3)When sufficientfunds are available,using insuranceproceeds described above,the Partiesshallcontinuewith reasonablediligenceto prepare plans and specificationsfor,and thereaftercarry out,allwork necessary to: (i)Repair and restoredamaged building(s)and/or Improvements to theirformer condition,or (ii)Replace and restoredamaged building(s)and/or Improvements with a new building(s)and/or Improvements on the Property of a qualityand usefulnessatleastequivalenttoormore suitablethan, damaged building(s)and/or Improvements. 10.4 Financial Security. (a)At itsown expense,Portshallprocure and maintain during theTerm of thisLease a corporatesecuritybond or provide otherfinancialsecuritythatState,atits option,may approve ("Security").Port shallprovide Securityin an amount equal to Zero Dollars ($0.00),which isconsistentwith RCW 79.105.330,and secures PortofBremerton Page 21of33 AquaticLandsLeaseNo.22-802235 West End PortOrchard Page 105 of 263 201109290042 09/29/2011 10:00:37 AM Page 22 of 33 Port'sperformance of itsobligationsunder thisLease,with the exception of the obligationsunder Section 8,Environmental Liability/RiskAllocation.Port's failuretomaintain the Securityinthe requiredamount during the Term constitutesa breach ofthisLease. (b)All Securitymust be ina form acceptableto the State. (1)Bonds must be issuedby companies admittedto do business withinthe Stateof Washington and have a ratingof A-,Class VII or better,inthe most recentlypublished editionof Best's Reports,unless Stateapproves an exception.Port may submit a request totheriskmanager forthe Department ofNatural Resources foran exception tothisrequirement. (2)Lettersof credit,ifapproved by State,must be irrevocable,allow Stateto draw funds at will,provide forautomatic renewal,and comply with RCW 62A.5-101,et.seq. (3) Savings account assignments,ifapproved by State,must allow Stateto draw funds atwill. (c) Adjustment inAmount of Security. (1)Statemay requirean adjustment inthe Securityamount: (i)At thesame time asrevaluationof theAnnual Rent, (ii)As a conditionof approval of assignment or subleaseofthisLease, (iii) Upon a materialchange intheconditionor dispositionof any Improvements,or (iv) Upon a change inthePermittedUse. (2)Portshalldelivera new ormodified form of Securityto Statewithin thirty (30)days afterStatehas requiredadjustment of theamount ofthe Security. (d) Upon any defaultby Portinitsobligationsunder thisLease,Statemay collecton the Securitytooffsetthe liabilityof Portto State.Collectionon the Securitydoes not: (1)Relieve Port of liability, (2)Limit any of State'sotherremedies, (3)Reinstateor cure the default,or (4)Prevent terminationof theLease because of thedefault. SECTION 11 ROUTINE MAINTENANCE AND REPAIR 11.1 State'sRepairs.This Lease does not obligateStateto make any alterations, maintenance,replacements,or repairsin,on,or about the Property,or any partthereof,during theTerm. 11.2 Port's Repairs and Maintenance (a)Routine maintenance and repairareactsintendedto prevent a decline,lapse or, cessationofthePermitted Use and associatedImprovements.Routine maintenance or repairisthe type ofwork thatdoes not requireregulatorypermits. PortofBremerton Page22of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 106 of 263 *201109290042 09/29/2011 10:00:37 AM Page 23 of 33 (b)At Port'sown expense,Port shallkeep and maintain the Property and all Improvements in good orderand repairand ina safecondition.State'sconsentis not requiredforroutinemaintenance or repair. (c)At Port'sown expense,Portshallmake any additions,repairs,alterations, maintenance,replacements,or changes tothe Property or to any Improvements on the Property thatany publicauthoritymay require.Ifa public authorityrequires work beyond the scope of routinemaintenance and repair,Port shallcomply with Section7 of thisLease. 11.3 Limitations. The following limitationsapply whenever Portconducts maintenance, repairor replacement.The following limitationsalso apply whenever Portconducts maintenance,repair,or replacement on the exteriorsurfaces,features,or fixturesof a floatinghouse. (a)Portshallnotuse or installtreatedwood at any locationabove or below water, except thatPort may use treatedwood forabove water structuralframing. (b)Portshallnot use or installtires(forexample,floatationor fenders)at any locationabove or below water. SECTION 12 DAMAGE OR DESTRUCTION 12.1 Notice and Repair. (a)In theeventof damage to or destructionof the Property or Improvements,Port shallpromptly give writtennoticetoState.Statedoes not have actualknowledge of the damage or destructionwithoutPort'swrittennotice. (b)Unless otherwise agreed in writing,Portshallpromptly reconstruct,repair,or replacethe Property and Improvements as nearly as possibletoitscondition immediately priortothe damage ordestructioninaccordance with Paragraph 7.3, Construction,Major Repair,Modification,and Demolition and Port'sadditional obligationsinExhibit B,ifany. 12.2 State'sWaiver of Claim.Statedoes not waive any claims for damage or destructionof the Property unless Stateprovides writtennoticeto Portof each specificclaim waived. 12.3 Insurance Proceeds. Port'sduty to reconstruct,repair,or replaceany damage or destructionof the Property or any Improvements on the Property isnot conditioned upon the availabilityof any insuranceproceeds toPort from which thecost of repairsmay be paid.The Partiesshalluse insuranceproceeds in accordance with Paragraph 10.2(g)(3). 12.4 Rent in the Event of Damage or Destruction.Unless thePartiesagree to terminatethis Lease,thereisno abatement or reductioninrentduring such reconstruction,repair,and replacement. 12.5 Default atthe Time of Damage or Destruction. IfPortisindefaultunder theterms of thisLease at the time damage or destructionoccurs,Statemay electto terminatetheLease and PortofBremerton Page 23of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 107 of 263 201109290042 09/29/2011 10:00:37 AM Page 24 of 33 Statethen shallhave the righttoretainany insuranceproceeds payable as a resultofthe damage or destruction. SECTION 13 CONDEMNATION 13.1 Definitions. (a) "Taking"means thatan entityauthorizedby law exercisesthe power of eminent domain,eitherby judgment,settlementinlieuof judgment,or voluntary conveyance inlieuof formal courtproceedings,over allor any portionof the Property and Improvements.This includesany exerciseof eminent domain on any portion ofthe Property and Improvements that,inthejudgment of the State, prevents orrenders impracticalthePermitted Use. (b)"Date of Taking"means the date upon which titleto the Property or a portionof the Property passes to and vestsinthe condemner orthe effectivedate of any orderfor possession ifissued priorto thedatetitlevestsinthe condemner. 13.2 Effect of Taking.Ifthereisa taking,theLease terminatesproportionateto theextentof the taking.IfthisLease terminatesinwhole or in part,Portshallmake allpayments due and attributabletothetaken Propertyup tothedate of taking.IfPort has pre-paidrent and Portis not indefaultof the Lease,Stateshallrefund Port the pro ratashare of the pre-paid rent attributabletothe period afterthedateof taking. 13.3 Allocation of Award. (a)The Partiesshallallocatethe condemnation award based upon theratioof thefair market valueof (1)Port'sleaseholdestateand Port-Owned Improvements and (2)State'sinterestinthe Property;the reversionaryinterestinPort-Owned Improvements,ifany;and State-Owned Improvements,ifany. (b)IfPortand Stateareunable to agree on the allocation,the Partiesshallsubmit the disputeto binding arbitrationinaccordance with therulesof theAmerican ArbitrationAssociation. SECTION 14 DEFAULT AND REMEDIES 14.1 Default Defined.Portisindefaultof thisLease on theoccurrence of any of the following: (a)Failureto pay rentor other expenses when due; (b)Failureto comply with any law,regulation,policy,or orderof any lawful governmental authority; (c)Failureto comply with any other provisionofthisLease; (d)Commencement of bankruptcy proceedings by or againstPort or the appointment of a trusteeor receiverof Port'sproperty. PortofBremerton Page 24 of33 AquaticLandsLeaseNo.22-802235 West End PortOrchard Page 108 of 263 201109290042 09/29/2011 10:00:37 AM Page 25 of 33 14.2 Port's Right to Cure. (a)A defaultbecomes an "Event of Default"ifPort failsto curethedefaultwithin the applicablecure following State'swrittennoticeof default.Upon an Event of Default,Statemay seek remedies under Paragraph 14.3. (b)Unless expresslyprovided elsewhere inthisLease,thecure period is sixty(60) days. (c)For nonmonetary defaultsnot capable of curewithin sixty(60)days,Statewill not unreasonably withhold approval of a reasonable alternativecure schedule. Portmust submit a cureschedulewithin thirty(30)days of a notice of default. The defaultisnot an Event of DefaultifStateapproves theschedule and Port works diligentlyand in good faithto executethecure.The defaultisan Event of DefaultifPortfailsto timely submit a scheduleor failstocure in accordance with an approved schedule. (d)Statemay electtodeem a defaultby Portas an Event ofDefaultifthedefault occurswithin six (6)months aftera defaultby Port forwhich Statehas provided noticeand opportunityto cure and regardlessofwhether thefirstand subsequent defaultsare ofthesame nature. 14.3 Remedies. (a) Upon an Event of Default,Statemay terminatethisLease and remove Port by summary proceedings or otherwise. (b)IftheEvent of Default (1)arisesfrom Port'sfailureto comply with restrictionson Permitted Use and operationsunder Paragraph 2.2 or (2)resultsin damage to naturalresourcesor the Property,Statemay enterthe Property without terminatingthisLease to (1)restorethe naturalresourcesor Property and charge Port restorationcostsand/or (2)charge Port for damages.On demand by State, Portshallpay allcostsand/or damages. (c)Without terminatingthisLease,Statemay reletthe Property on any terms and conditionsas Statemay decide are appropriate. (1)Stateshallapply rentreceived by reletting:(1)tothe payment of any indebtednessotherthan rent due from Portto State;(2)tothe payment of any costof such reletting;(3)tothe payment ofthecostof any alterations and repairstothe Property;and (4)to the payment ofrentand leasehold excisetaxdue and unpaid under thisLease.Stateshallhold and apply any balance toPort'sfuturerent as itbecomes due. (2)Portisresponsiblefor any deficiencycreatedby the relettingduring any month and shallpay the deficiencymonthly. (3)At any time afterreletting,Statemay electtoterminatethisLease forthe previous Event ofDefault. (d)State'sreentryor repossessionof the Property under Paragraph 14.3isnot an electiontoterminatethisLease or cause a forfeitureofrentsor other charges Port isobligatedto pay during the balance of the Term,unless (1)Stategives Port writtennoticeof terminationor (2)a legalproceeding decrees termination. PortofBremerton Page 25 of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 109 of 263 201109290042 09/29/2011 10:00:37 AM Page 26 of 33 (e)The remedies specifiedunder thisParagraph 14.3 are not exclusiveof any other remedies or means of redressto which the StateislawfullyentitledforPort's breach or threatenedbreach of any provision ofthisLease. SECTION 15 ENTRY BY STATE Statemay enterthe Property at any reasonable hour to inspectfor compliance with theterms of thisLease,to monitor impacts to habitat,or survey habitatand species.State'sfailureto inspect the Property does not constitutea waiver of any rightsor remedies under thisLease. SECTION 16 DISCLAIMER OF QUIET ENJOYMENT 16.1 No Guaranty or Warranty. (a)StatebelievesthatthisLease isconsistentwith thePublic TrustDoctrine and that none of the third-partyinterestsidentifiedin Paragraph 1.1(b)willmateriallyor adversely affectPort'srightof possession and use of the Property,but State makes no guaranty or warranty to thateffect. (b)Statedisclaims and Port releasesStatefrom any claim forbreach of any implied covenant of quiet enjoyment.This disclaimerand releaseincludes,but isnot limitedto,interferencearisingfrom exerciseof rightsunder the PublicTrust Doctrine;Treatyrightsheld by Indian Tribes;and the generalpower and authority of Stateand theUnited Stateswith respectto aquaticlands and navigable waters. (c)Portisresponsiblefor determining theextentof Port'srightto possession and for defending Port'sleaseholdinterest. 16.2 Eviction by Third-Party.Ifa third-partyevictsPort,thisLease terminatesas of the date oftheeviction.In the event of a partialeviction,Port'srent obligationsabate as ofthedate of the partialeviction,indirectproportiontothe extentof the eviction;thisLease shallremain in fullforceand effectin allother respects. SECTION 17 NOTICE AND SUBMITTALS Following arethelocationsfor deliveryof noticeand submittalsrequiredor permitted under this Lease.Any Partymay change the place of deliveryupon ten (10)days writtennoticetothe other. State:DEPARTMENT OF NATURAL RESOURCES Aquatic Resources Division,Ports Program 1111 Washington StreetSE MS 47027 Olympia,WA 98504-7027 PortofBremerton Page26of33 AquaticLandsLeaseNo.22-802235 West End PortOrchard Page 110 of 263 **201109290042 09/29/2011 10:00:37 AM Page 27 of 33 Port: PORT OF BREMERTON 8850 SW StateHighway 3 Port Orchard,WA 98367-7487 The Partiesmay deliverany noticein person,by facsimilemachine,or by certifiedmail. Depending on themethod of delivery,noticeiseffectiveupon personal delivery,upon receiptof a confirmationreportifdeliveredby facsimilemachine,orthree (3)days aftermailing.All noticesmust identifythe Lease number.On noticestransmittedby facsimilemachine,the Partiesshallstatethenumber of pages contained in the notice,includingthetransmittalpage,if any. SECTION 18 MISCELLANEOUS 18.1 Authority.Port and the person or persons executing thisLease on behalfofPort representthatPortisqualifiedto do business inthe Stateof Washington,thatPorthas fullright and authoritytoenterintothisLease,and thateach and every person signing on behalf ofPort is authorizedtodo so.Upon State'srequest,Portshallprovide evidence satisfactorytoState confirming these representations. 18.2 Successors and Assigns.This Lease binds and inurestothebenefitofthe Parties,their successors,and assigns. 18.3 Headings.The headings used inthisLease areforconvenience only and inno way define,limit,or extend the scope of thisLease or theintentof any provision. 18.4 Entire Agreement.This Lease,includingtheexhibitsand addenda,ifany,containsthe entireagreement of theParties.This Lease merges allpriorand contemporaneous agreements, promises,representations,and statementsrelatingtothistransactionor tothe Property. 18.5 Waiver. (a)The waiver of any breach or defaultof any term,covenant,or conditionofthis Lease isnot a waiver of such term,covenant,or condition;of any subsequent breach or defaultof the same;or of any other term,covenant,or conditionof this Lease.State'sacceptance of a rentalpayment isnot a waiver of any preceding or existingbreach otherthan the failureto pay the particularrentalpayment thatwas accepted. (b)The renewal of the Lease,extensionof the Lease,or theissuanceof a new leaseto Port,does not waive State'sabilityto pursue any rightsorremedies under the Lease. 18.6 Cumulative Remedies. The rightsand remedies under thisLease arecumulative and in additionto allotherrightsand remedies affordedby law or equity or otherwise. PortofBremerton Page27of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 111 of 263 201109290042 09/29/2011 10:00:37 AM Page 28 of 33 18.7 Time isofthe Essence. TIME IS OF THE ESSENCE asto each and every provisionof thisLease. 18.8 Language.The word "Port"as used in thisLease appliesto one or more persons and regardlessof gender,as the case may be. Ifthereismore than one Port,theirobligationsare jointand several.The word "persons,"whenever used,shallinclude individuals,firms, associations,and corporations.The word "Parties"means Stateand Port in thecollective.The word "Party"means eitheror both Stateand Port,depending on thecontext. 18.9 Invalidity.The invalidity,voidness,or illegalityof any provisionof thisLease does not affect,impair,or invalidateany other provisionof thisLease. 18.10 Applicable Law and Venue. This Lease istobe interpretedand construedin accordance with thelaws of theStateof Washington.Venue for any action arisingout of or in connection with thisLease isinthe Superior Court forThurston County,Washington. 18.11 Statutory Reference.Any referenceto a statutemeans thatstatuteas presentlyenacted or hereafteramended or superseded. 18.12 Recordation. At Port'sexpense and no laterthan thirty(30)days afterreceivingthe fully-executedLease,PortshallrecordthisLease inthe county inwhich the Property is located. Port shallincludethe parcelnumber of the upland propertyused in conjunction with the Property,ifany.Portshallprovide Statewith recordinginformation,includingthedateof recordationand filenumber. IfPort failstorecord thisLease,Statemay recorditand Portshall pay the costsof recordingupon State'sdemand. 18.13 Modification. No modificationof thisLease iseffectiveunless in writingand signedby both Parties.Oral representationsor statementsdo not bind eitherParty. 18.14 Survival.Any obligationsof Port not fullyperformed upon terminationof thisLease do not cease,but continueas obligationsof thePortuntilAlly performed. PortofBremerton Page 28of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 112 of 263 201109290042 09/29/2011 10:00:37 AM Page 29 of 33 18.15 Exhibits. All referencedexhibitsare incorporatedintheLease unless expresslyidentified as unincorporated. THIS AGREEMENT requiresthe signatureof allPartiesand iseffectiveon thedateof the last signaturebelow. PORT REMERTON Dated:Sy!,2011 By:CAR BOZEMAN Title: Chief Executive Officer Address:8850 SW StateHighway 3 -PortOrchard,WA 98367-7487 Phone: 360-674-2381 ext.12 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated:,2011 By:PETE OL MARK Title: Co issionrof PublicLands Address:1111 mgton StreetSE M/S 47027 Olympia,WA 98504-7027 Approved as to form this 29 day of June 2011 Janis Snoey,AssistantAttorney General PortofBremerton Page 29 of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 113 of 263 201109290042 09/29/2011 10:00:37 AM Page 30 of 33 REPRESENTATIVE ACKNOWLEDGMENT STATE OF WASHINGTON ) )ss County of Kitsap ) I certifythatIknow or have satisfactoryevidence thatCARY BOZEMAN isthe person who appeared before me,and saidperson acknowledged thathe signed thisinstrument,on oath stated thathe was authorizedto executetheinstrumentand acknowledged itasthe Chief Executive Directorof thePort ofBremerton tobe the freeand voluntary actof such party fortheuses and purposes mentioned intheinstrument. Dated:d '-II(.JM M (Seal or stamp) (PrintName) 4 0;..Notary Public in and forthe Stateof a .*$+,son Washington, residingat iti.'SOTAR My appointment expires I LA PortofBremerton Page 30of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 114 of 263 201109290042 09/29/2011 10:00:37 AM Page 31 of 33 STATE ACKNOWLEDGMENT STATE OF WASHINGTON ) )ss County of Thurston ) I certifythatIknow or have satisfactoryevidence thatPETER GOLDMARK isthe person who appeared before me,and said person acknowledged thathe signed thisinstrument,6n oath stated thathe was authorizedto executetheinstrumentand acknowledged itasthe Commissioner of PublicLands and ex officioadministratorof theDe artmentofNaturalResources of the Stateof Washington tobe the freeand voluntary actof such party fortheuses and purposes mentioned in the instrument. Dated: (Signature) (Seal or stamp) (PrintName) Notary Publicinand forthe Stateof Washington,residing OF 2 My appointment expires PortofBremerton Page 31of33 AquaticLandsLeaseNo.22-802235 West End PortOrchard Page 115 of 263 201109290042 09/29/2011 10:00:37 AM Page 32 of 33 EXHIBIT A Legal Descriptionof Premises and Encumbrances Current Survey recordedwith Kitsap County Auditor's FileNo. 201101030135 March 01,2011 PortofBremerton Page 32 of33 AquaticLandsLeaseNo.22-802235 WestEnd PortOrchard Page 116 of 263 Le a s e 22 - 0 A 2 2 3 4 Le a s e 22 - 0 A 2 2 3 5 Le a s e 22 - 0 A 9 8 9 1 Th a t po r t i o n of th e ha r b o r ar e a ly i n g la n d w a r d of th e Me a n Hi g h Wa t e r li n e , fr o n t i n g Lo t s Tr a c t 1 Tr a c t "A " 1 th r o u g h 10 of Bl o c k 13 of Sh o r e an d Ti d e l a n d s of Si d n e y as sh o w n on th a t ce r t a i n ma p Th a t po r t i o n of th e ha r b o r ar e a ly i n g la n d w a r d of th e Me a n Hi g h Wa t e r li n e , fr o n t i n g Th a t po r t i o n of an un n u m b e r e d tr a c t of Sh o r e an d Ti d e l a n d s of Si d n e y as sh o w n on da t e d 30 Ma y 18 9 2 , be i n g a po r t i o n of Go v e r n m e n t Lo t 4, Se c t i o n 26 , To w n s h i p 24 No r t h , Bl o c k s 11 an d Or c h a r d St r e e t in SM St e v e n s To w n Pl a t of Si d n e y , fi l e d in Vo l u m e 1,pa g e 1 th a t ce r t a i n ma p da t e d Ma y 30 , 18 9 2 , ly i n g la n d w a r d of th e to e of th e ro c k ri p - r a p as it Ra n g e 1 Ea s t W. M . mo r e pa r t i c u l a r l y de s c r i b e d as fo l l o w s : of Pl a t s re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n an d Bl o c k 11 an d Or c h a r d St r e e t ly i n g ex i s t e d on Ja n u a r y 15 , 20 0 4 an d ad j a c e n t to an d ab u t t i n g Lo t s 1 th o u g h 5 of Bl o c k 1 of th e wi t h i n th e Sh o r e an d Ti d e l a n d s of Si d n e y as sh o w n on th a t ce r t a i n ma p da t e d Ma y 30 , Pl a t of Ba y St r e e t Ad d i t i o n to Po r t Or c h a r d as re c o r d e d un d e r Au d i t o r ' s Fi l e Nu m b e r Co m m e n c i n g at th a t ce r t a i n mo n u m e n t as de s c r i b e d in Re c o r d of Su r v e y re c o r d e d un d e r 18 9 2 , be i n g a po r t i o n of Go v e r n m e n t Lo t 3,Se c t i o n 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t 51 1 0 4 an d fi l e d in Vo l u m e 3,pa g e 11 6 of pl a t s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n Au d i t o r ' s Fi l e Nu m b e r 30 9 0 2 5 7 an d fi l e d in Vo l u m e 49 , pa g e 13 9 of su r v e y s , re c o r d s of W. M . mo r e pa r t i c u l a r l y de s c r i b e d as fo l l o w s : mo r e pa r t i c u l a r l y de s c r i b e d as fo l l o w s : Ki t s a p Co u n t y , Wa s h i n g t o n be i n g de s i g n a t e d as th e me a n d e r co r n e r co m m o n to Se c t i o n 25 an d 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . , fr o m wh i c h th e Ea s t on e qu a r t e r of sa i d Co m m e n c i n g at th a t ce r t a i n mo n u m e n t as de s c r i b e d in Re c o r d of Su r v e y re c o r d e d Co m m e n c i n g at th a t ce r t a i n mo n u m e n t as de s c r i b e d in Re c o r d of Su r v e y re c o r d e d Se c t i o n 26 be a r s S lo 3 1 ' O 9 " W 58 9 . 2 1 fe e t ; th e n c e N lo 3 1 ' O 9 " E,al o n g th e No r t h e r l y ex t e n s i o n un d e r Au d i t o r ' s Fi l e Nu m b e r 30 9 0 2 5 7 an d fi l e d in Vo l u m e 49 , pa g e 13 9 of su r v e y s , un d e r Au d i t o r ' s Fi l e Nu m b e r 30 9 0 2 5 7 an d fi l e d in Vo l u m e 49 , pa g e 13 9 of su r v e y s , of th e Ea s t Li n e of Go v e r n m e n t Lo t 4 of sa i d se c t i o n , 91 2 . 4 8 fe e t to it s in t e r s e c t i o n wi t h th e re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n be i n g de s i g n a t e d as th e me a n d e r co r n e r co m m o n re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n be i n g de s i g n a t e d as th e me a n d e r co r n e r co m m o n In n e r Ha r b o r Li n e fr o n t i n g th e Sh o r e an d Ti d e l a n d s of Si d n e y ; th e n c e So u t h w e s t e r l y an d to Se c t i o n 25 an d 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . , fr o m wh i c h th e Ea s t on e to Se c t i o n 25 an d 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . , fr o m wh i c h th e Ea s t on e No r t h w e s t e r l y al o n g sa i d In n e r Ha r b o r Li n e on th e fo l l o w i n g co u r s e s , S 47 0 0 8 ' 5 1 " W 15 6 3 . 4 4 qu a r t e r of sa i d Se c t i o n 26 be a r s S lo 3 1 ' O 9 " W 58 9 . 2 1 fe e t ; th e n c e N lo 3 1 ' O 9 " E, al o n g th e qu a r t e r of sa i d Se c t i o n 26 be a r s S 10 3 1 ' 0 9 " W 58 9 . 2 1 fe e t ; th e n c e So u t h w e s t e r l y al o n g th e fe e t an d N 84 o 3 6 ' O 9 " W 13 7 . 3 4 fe e t mo r e le s s to a po i n t on sa i d In n e r Ha r b o r Li n e , 11 . 0 0 fe e t No r t h e r l y ex t e n s i o n of th e Ea s t Li n e of Go v e r n m e n t Lo t 4 of sa i d se c t i o n , 91 2 . 4 8 fe e t to it s Ba l a n c e d Go v e r n m e n t Me a n d e r Li n e on th e fo l l o w i n g co u r s e s S 87 * 1 0 ' 33 " W 34 6 . 9 0 an d Ea s t of at ri g h t an g l e to th e in t e r s e c t i o n of th e No r t h e r l y ex t e n s i o n of Ea s t li n e of Si d n e y in t e r s e c t i o n wi t h th e In n e r Ha r b o r Li n e fr o n t i n g th e Sh o r e an d Ti d e l a n d s of Si d n e y ; S 55 0 2 4 ' 3 1 " W 49 4 . 2 6 fe e t mo r e or le s s to th e No r t h w e s t co r n e r of Lo t 5 of th e Pl a t of Ba y Av e n u e as de l i n e a t e d on th e fa c e of th e Pl a t of th e Fi r s t Ad d i t i o n to Si d n e y as fi l e d in th e n c e So u t h w e s t e r l y an d No r t h w e s t e r l y al o n g sa i d In n e r Ha r b o r Li n e on th e fo l l o w i n g St r e e t Ad d i t i o n to Po r t Or c h a r d as re c o r d e d un d e r Au d i t o r ' s Fi l e Nu m b e r 51 1 0 4 an d fi l e d Vo l u m e 1,pa g e 10 of pl a t s an d as sh o w n on sa i d ma p of Sh o r e an d Ti d e l a n d s of Si d n e y , an d co u r s e s , S 47 0 0 8 ' 5 1 " W 15 6 3 . 4 4 fe e t an d N 84 0 3 6 ' O 9 " W 86 6 . 0 0 fe e t , to th a t ce r t a i n an an g l e in Vo l u m e 3,pa g e 11 6 of pl a t s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n an d th e TR U E th e TR U E PO I N T OF BE G I N N I N G ; th e n c e le a v i n g sa i d In n e r Ha r b o r Li n e ru n N lo 4 3 ' 2 4 " E, po i n t in th e sa i d In n e r Ha r b o r Li n e fr o n t i n g Bl o c k 11 of SM St e v e n s To w n Pl a t of Si d n e y PO I N T OF BE G I N N I N G ; th e n c e le a v i n g sa i d Ba l a n c e d Go v e r n m e n t Me a n d e r Li n e , ru n N pa r a l l e l wi t h an d 11 . 0 0 fe e t Ea s t of at ri g h t an g l e to th e sa i d Ea s t ma r g i n of Si d n e y Av e n u e , as fi l e d in Vo l u m e 1,pa g e 1 of pl a t s , an d th e TR U E PO I N T OF BE G I N N I N G ; th e n c e lo 4 3 ' 2 4 " E,on th e No r t h e r l y ex t e n s i o n of th e We s t li n e of sa i d Lo t 5,a di s t a n c e of 14 9 . 3 8 35 . 1 1 fe e t mo r e or le s s to it s in t e r s e c t i o n wi t h th e Me a n Hi g h Wa t e r Li n e of Si n c l a i r In l e t , as le a v i n g sa i d In n e r Ha r b o r Li n e ru n N 31 . 4 8 ' 1 2 " W,pa r a l l e l wi t h th e lo t li n e co m m o n to fe e t mo r e or le s s to th e to e of th e ro c k ri p - r a p as it ex i s t e d on Ja n u a r y 15 , 20 0 4 ; th e n c e ba s e d up o n U. S . C . an d G. S . Ti d a l Be n c h Ma r k St a m p e d Nu m b e r 9 SU B 2 RE S E T ; th e n c e Lo t s 3 an d 4, Bl o c k 11 of sa i d SM St e v e n s To w n Pl a t of Si d n e y , 33 . 4 6 fe e t mo r e or le s s to it s So u t h e a s t e r l y al o n g th e to e of sa i d ro c k ri p - r a p on th e fo l l o w i n g co u r s e s , S 75 0 1 6 ' 3 3 " E So u t h e a s t e r l y an d No r t h e a s t e r l y , al o n g sa i d Me a n Hi g h Wa t e r Li n e on th e fo l l o w i n g in t e r s e c t i o n wi t h th e Me a n Hi g h Wa t e r Li n e of Si n c l a i r In l e t , as ba s e d up o n U. S . C . &G. S . 10 3 . 4 9 an d S 64 0 0 5 ' 0 3 " E 48 . 1 2 fe e t mo r e or le s s to a po i n t on th e Ba l a n c e d Go v e r n m e n t co u r s e s , S 75 . 3 0 ' 4 6 " E 27 . 3 4 , N 88 * 1 1 ' O 9 " E 67 . 5 8 fe e t , S 83 * 4 9 ' 0 1 " E 30 . 1 8 fe e t an d S 88 25 ' 0 5 " Ti d a l Be n c h Ma r k St a m p e d Nu m b e r 9 SU B 2 RE S E T ; th e n c e No r t h e a s t e r l y al o n g sa i d li n e Me a n d e r Li n e wh i c h be a r N 55 " 2 4 ' 3 1 " E fr o m th e Tr u e Po i n t of Be g i n n i n g ; th e n c e S E 53 . 2 6 fe e t mo r e or le s s to it s in t e r s e c t i o n wi t h th e sa i d In n e r Ha r b o r Li n e ; th e n c e al o n g sa i d of Me a n Hi g h Wa t e r on th e fo l l o w i n g co u r s e s N 46 * 5 3 ' 5 0 " E 31 . 7 8 fe e t , N 50 0 0 8 ' 1 3 " E 55 . 2 4 ' 3 1 " W , al o n g sa i d me a n d e r li n e 17 9 . 6 2 fe e t mo r e or le s s to th e TR U E PO I N T OF In n e r Ha r b o r Li n e on th e fo l l o w i n g co u r s e s , S 47 0 0 8 ' 5 1 " W 56 . 7 4 fe e t an d N 84 0 3 6 ' O 9 " W 53 . 4 7 fe e t , N 44 * 2 6 ' 0 5 " E 41 . 6 5 fe e t , N 64 . 4 1 ' 3 3 " E 22 . 5 4 fe e t an d N 55 . 2 0 ' 2 5 " E 17 . 4 6 fe e t ; BE G I N N I N G . 13 7 . 3 4 fe e t mo r e or le s s to th e TR U E PO I N T OF BE G I N N I N G . th e n c e le a v i n g th e sa i d li n e of Me a n Hi g h Wa t e r ru n S 44 o 5 3 ' 4 1 " E 37 . 0 8 fe e t to th e be g i n n i n g of a no n - t a n g e n t cu r v e to th e So u t h w e s t fr o m wh i c h th e ra d i u s po i n t be a r s S 44 . 5 3 ' 4 1 " E 49 . 6 4 fe e t ; th e n c e So u t h w e s t e r l y al o n g th e ar e of sa i d cu r v e 30 . 6 7 fe e t to a Tr a c t "B " po i n t fr o m wh i c h th e ra d i u s po i n t be a r s S 80 0 1 7 ' 2 2 " E;th e n c e N 87 0 0 5 ' 2 0 " W 27 . 9 2 fe e t Th a t po r t i o n of an un n u m b e r e d tr a c t of Sh o r e an d Ti d e l a n d s of Si d n e y as sh o w n on mo r e or le s s to a po i n t on th e No r t h e r l y ex t e n s i o n of th e We s t li n e of Or c h a r d St r e e t in th a t ce r t a i n ma p da t e d Ma y 30 , 18 8 2 , ly i n g la n d w a r d of th e to e of th e ro c k ri p - r a p as it sa i d pl a t ; th e n c e S 10 4 1 ' 4 8 " W, al o n g sa i d No r t h e r l y ex t e n s i o n , 90 . 8 4 fe e t mo r e or le s s to a ex i s t e d on Ja n u a r y 15 , 20 0 4 an d ad j a c e n t to an d ab u t t i n g Lo t s 8 th r o u g h 10 of Bl o c k 1 of Da t u m = Me a n Lo w e r Lo w Wa t e r po i n t on th e sa i d In n e r Ha r b o r Li n e wh i c h be a r s S 84 0 3 6 ' O 9 " E fr o m th e Tr u e Po i n t of th e Pl a t of Ba y St r e e t Ad d i t i o n to Po r t Or c h a r d as re c o r d e d un d e r Au d i t o r ' s Fi l e Nu m b e r Or i g i n a t i n g fr o m U. S . C . & G . S . Ti d a l Be n c h Ma r k -Be g i n n i n g ; th e n c e th e n c e N 84 . 3 6 ' O 9 " W, al o n g th e sa i d In n e r Ha r b o r Li n e 92 . 6 3 fe e t mo r e 51 1 0 4 an d fi l e d in Vo l u m e 3,pa g e 11 6 of pl a t s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n El e v a t i o n = 7 1 . 4 5 or le s s to th e TR U E PO I N T OF BE G I N N I N G . mo r e pa r t i c u l a r l y de s c r i b e d as fo l l o w s : St a m p e d No . 9 SU B 2 RE S E T Lo c a t e d on th e fr o n t st e p s of th e Br e m e r t o n Po s t Of f i c e at Tr a c t 2 Co m m e n c i n g at th a t ce r t a i n mo n u m e n t as de s c r i b e d in Re c o r d of Su r v e y re c o r d e d 6t h an d Pa c i f i c in Br e m e r t o n , Wa s h i n g t o n Th a t po r t i o n of th e ha r b o r ar e a ly i n g la n d w a r d of th e Me a n Hi g h Wa t e r li n e , fr o n t i n g un d e r Au d i t o r ' s Fi l e Nu m b e r 30 9 0 2 5 7 an d fi l e d in Vo l u m e 49 , pa g e 13 9 of su r v e y s , Bl o c k s 12 an d 13 , Si d n e y St r e e t an d a po r t i o n of Or c h a r d St r e e t , Fr e d r i c k St r e e t an d re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n be i n g de s i g n a t e d as th e me a n d e r co r n e r co m m o n po r t i o n of Si d n e y St r e e t in SM St e v e n s To w n Pl a t of Si d n e y , fi l e d in Vo l u m e 1,pa g e 1 of to Se c t i o n 25 an d 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . , fr o m wh i c h th e Ea s t on e Da t u m Pl a n e ML L W NG V D 29 NA V D 88 Pl a t s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n , Bl o c k 13 an d po r t i o n of Si d n e y St r e e t in Fi r s t qu a r t e r of sa i d Se c t i o n 26 be a r s S lo 3 1 ' O 9 " W 58 9 . 2 1 fe e t ; th e n c e So u t h w e s t e r l y al o n g th e Hi g h e s t Es t i m a t e d Ti d e - - - - - - - - - 1 4 . 7 0 +/ - 0. 5 *.. Ad d i t i o n to Si d n e y Ki t s a p Co u n t y , Wa s h i n g t o n , re c o r d e d in Vo l u m e 1,pa g e 10 of Pl a t s , Go v e r n m e n t Ba l a n c e d Me a n d e r Li n e on th e fo l l o w i n g co u r s e s S 87 0 1 0 ' 33 " W 34 6 . 9 0 fe e t . re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n an d Bl o c k 12 an d 13 , Si d n e y St r e e t , Fr e d r i c k St r e e t an d S 55 0 2 4 ' 3 1 " W 56 8 . 6 9 fe e t mo r e or le s s to th e No r t h e a s t co r n e r of Lo t 8 of th e Pl a t of Me a n Hi g h e r Hi g h Wa t e r - - - - - - - - - - 1 1 . 7 4 - - - - - - - - - - 5 . 5 1 - - - - - - - - - - - 8 . 9 9 an d a po r t i o n of Or c h a r d St r e e t , ly i n g wi t h i n th e Sh o r e an d Ti d e l a n d s of Si d n e y as sh o w n Ba y St r e e t Ad d i t i o n to Po r t Or c h a r d as re c o r d e d un d e r Au d i t o r ' s Fi l e Nu m b e r 51 1 0 4 an d Me a n Hi g h Wa t e r - - - - - - - - - - - - - - - - - - - 1 0 . 8 7 - - - - - - - - - - 4 . 6 4 - - - - - - - - - - - 8 . 1 2 'on th a t ce r t a i n ma p da t e d Ma y 30 , 18 9 2 , be i n g a po r t i o n of Go v e r n m e n t Lo t s 3 an d 4, fi l e d in Vo l u m e 3,pa g e 11 6 of pl a t s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n an d th e TR U E Me a n (H a l f ) Ti d e Le v e l - - - - - - - - - - - - - 6 . 8 5 - - - - - - - - - - 0 . 6 2 - - - - - - - - - - - 4 . 1 0 Se c t i o n 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . mo r e pa r t i c u l a r l y de s c r i b e d as fo l l o w s : PO I N T OF BE G I N N I N G ; th e n c e co n t i n u e S 87 * 1 0 ' 33 " W, al o n g sa i d Ba l a n c e d Me a n d e r NG V D - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 6 . 2 3 - - - - - - - - - - 0 . 0 0 - - - - - - - - - - - 3 . 4 8 'Li n e 37 . 2 1 fe e t mo r e or le s s , t o th e No r t h w e s t co r n e r of Lo t 8 of sa i d pl a t ; th e n c e N Me a n Lo w Wa t e r - - - - - - - - - - - - - - - - - - - - 2 . 8 3 - - - - - - - - -3 . 4 0 - - - - - - - - - - - 0 . 0 8 *Co m m e n c i n g at th a t ce r t a i n mo n u m e n t as de s c r i b e d in Re c o r d of Su r v e y re c o r d e d lo 4 3 ' 2 4 " E,on th e No r t h e r l y ex t e n s i o n of th e We s t li n e of sa i d Lo t 8,a di s t a n c e of 29 . 5 9 Me a n Lo w e r Lo w Wa t e r - - - - - - - - - - - - 0 . 0 0 - - - - - - - - -6 . 2 3 - - - - - - - - -2 . 7 5 *un d e r Au d i t o r ' s Fi l e Nu m b e r 30 9 0 2 5 7 an d fi l e d in Vo l u m e 49 , pa g e 13 9 of su r v e y s , fe e t ; th e n c e N 88 0 1 6 ' 3 6 " W,at ri g h t an g l e to th e We s t li n e of sa i d Lo t 8,a di s t a n c e of 59 . 9 7 Lo w e s t Es t i m a t e d Ti d e - - - - - -4 . 5 0 +/ - 0. 5 ... re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n be i n g de s i g n a t e d as th e me a n d e r co r n e r co m m o n fe e t mo r e or le s s to th e Ea s t e r l y ma r g i n of Ha r r i s o n St r e e t as de f i n e d by th e Pl a t of th e to Se c t i o n 25 an d 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . , fr o m wh i c h th e Ea s t on e Fi r s t Ad d i t i o n to Si d n e y as fi l e d in Vo l u m e 1,pa g e 10 of pl a t s , re c o r d s of Ki t s a p Co u n t y , qu a r t e r of sa i d Se c t i o n 26 be a r s S lo 3 1 ' O 9 " W 58 9 . 2 1 fe e t ; th e n c e N lo 3 1 ' O 9 " E, al o n g th e Wa s h i n g t o n ; th e n c e N 10 4 3 ' 2 4 " E,al o n g th e Ea s t e r l y ma r g i n of sa i d Ha r r i s o n St r e e t an d No r t h e r l y ex t e n s i o n of th e Ea s t Li n e of Go v e r n m e n t Lo t 4 of sa i d se c t i o n , 91 2 . 4 8 fe e t to it s th e No r t h e r l y ex t e n s i o n th e r e o f 22 2 . 7 3 fe e t mo r e or le s s to th e to e of th e ro c k ri p - r a p as it in t e r s e c t i o n wi t h th e In n e r Ha r b o r Li n e fr o n t i n g th e Sh o r e an d Ti d e l a n d s of Si d n e y ; ex i s t e d on Ja n u a r y 15 , 20 0 4 ; th e n c e So u t h e a s t e r l y al o n g th e to e of sa i d ro c k ri p - r a p on th e Eq u i p m e n t an d Pr o c e d u r e s th e n c e So u t h w e s t e r l y an d No r t h w e s t e r l y al o n g sa i d In n e r Ha r b o r Li n e on th e fo l l o w i n g fo l l o w i n g co u r s e s , S 78 * 5 7 ' 0 5 " E 32 . 8 3 fe e t an d S7 1 * 2 5 ' 5 1 " E 60 . 1 4 fe e t mo r e or le s s to a 20 " Th e o d o l i t e , ED M an d 20 0 . 0 ' st e e l ta p e . co u r s e s , S 47 0 0 8 ' 5 1 " W 15 6 3 . 4 4 fe e t an d N 84 * 3 6 ' O 9 " W 14 8 . 3 6 fe e t mo r e or le s s to th e po i n t N 10 4 3 ' 2 4 " E, fr o m th e No r t h e a s t co r n e r of sa i d Lo t 8,th e Tr u e Po i n t of Be g i n n i n g ; Pr o c e d u r e =Th e co n t r o l po r t i o n of th i s su r v e y is in in t e r s e c t i o n of th e Ea s t e r l y ma r g i n of Si d n e y Av e n u e as sh o w n on sa i d Pl a t of Fi r s t th e n c e S lo 4 3 ' 2 4 " W,al o n g th e No r t h e r l y ex t e n s i o n of th e Ea s t li n e of sa i d Lo t 8,a co m p l i a n c e wi t h th e Fe d e r a l Ge o d e t i c co n t r o l co m m i t t e e ' s Ad d i t i o n to Si d n e y an d th e In n e r Ha r b o r Li n e as sh o w n on th e Ma p of Sh o r e an d di s t a n c e of 20 7 . 5 3 fe e t mo r e or le s s to th e TR U E PO I N T OF BE G I N N I N G . . Ti d e l a n d s of Ed n e y , Ki t s a p Co u n t y , Wa s h i n g t o n , da t e d Ma y 30 , 18 9 2 , sa i d po i n t be i n g 'G e o d e t i c Ac c u r a c y St a n d a r d an d Sp e c i f i c a t i o n fo r us i n 8 th e No r t h e r l y ex t e n s i o n of th e We s t li n e of Lo t 1, Bl o c k 13 of sa i d Pl a t of Fi r s t Ad d i t i o n to GP S Re l a t i v e Po s i t i o n i n g Te c h n i q u e s " , ve r s i o n 5. 0 up d a t e d Si d n e y ; th e n c e N lo 4 3 ' 2 4 " E,al o n g th e No r t h e r l y ex t e n s i o n of th e We s t li n e of Lo t 1, Bl o c k Au g u s t 1,19 8 9 fo r Gr o u p C,Or d e r 1 Su r v e y s . Co r n e r Ti e s 13 of sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y , 5. 2 7 fe e t to th e TR U E PO I N T OF BE G I N N I N G ; we r e ma d e by Fi e l d Tr a v e r s e . Tr a v e r s e li n e s we r e Cl o s e d th e n c e N 65 0 2 4 ' 0 1 " W 34 6 . 4 9 fe e t to th e be g i n n i n g of a cu r v e to th e le f t fr o m wh i c h th e . ra d i u s po i n t be a r s S 24 * 3 5 ' 5 9 " W 26 6 . 5 8 fe e t ; th e n c e No r t h w e s t e r l y an d We s t e r l y al o n g th e Lo o p or Cl o s e d Be t w e e n Kn o w n Po i n t s . ar e of sa i d cu r v e 82 . 3 4 fe e t to a po i n t fr o m wh i c h th e ra d i u s po i n t be a r s S 60 5 4 ' O 9 " W; th e n c e N 83 * 0 5 ' 5 1 " W 14 3 . 9 9 fe e t to th e be g i n n i n g of a cu r v e to th e le f t fr o m wh i c h th e ra d i u s po i n t be a r s S 6* 5 4 ' O 9 " W 49 . 6 4 fe e t ; th e n c e So u t h w e s t e r l y al o n g th e ar e of sa i d Ve r t i c a l Da t u m ba s e d up o n HA R N (G P S 22 2 ) St a t i o n s Br e m e r t o n cu r v e 23 . 7 6 fe e t to a po i n t fr o m wh i c h th e ra d i u s po i n t be a r s S 20 0 3 1 ' 1 6 " E;th e n c e N Ai r , Ki n g Ol a f a n d Si t a r RM 1 an d NO A A Ve r t i c a l Co n t r o l NG V D 20 0 3 1 7 1 6 " W, al o n g th e ra d i a l ex t e n s i o n of en d of sa i d cu r v e , 31 . 9 0 fe e t mo r e or le s s to it s 19 2 9 , Ad j u s t m e n t of 19 4 7 mo n u m e n t s PE A T 19 3 4 , P2 5 5 an d No . 9 in t e r s e c t i o n wi t h th e Me a n Hi g h Wa t e r Li n e of Si n c l a i r In l e t , as ba s e d up o n U. S . C . &G. S . Da t u m SU B 2 RE S E T Ti d a l Be n c h Ma r k St a m p e d Nu m b e r 9 SU B 2 RE S E T ; th e n c e So u t h e a s t e r l y al o n g th e sa i d Me a n Hi g h Wa t e r l i n e on th e fo l l o w i n g co u r s e s , S 86 0 1 8 ' O 9 " E 13 4 . 2 7 fe e t , S 78 0 0 9 ' 0 3 " E Ho r i z o n t a l Da t u m NA D 83 / 9 1 Ge o i d 19 9 3 ex p r e s s e d in US Su r v e y 93 . 7 9 fe e t , S 69 0 0 4 ' 1 7 " E 97 . 5 0 fe e t , S 60 0 1 5 ' 5 0 " E 69 . 1 7 fe e t , S 70 0 1 5 ' 3 4 " E 45 . 3 8 fe e t , S fe e t 63 0 3 6 ' 4 7 " E 11 9 . 1 8 fe e t an d S 73 0 3 5 ' 5 9 " E 48 . 0 0 fe e t mo r e or le s s to a po i n t on th e No r t h e r l y .. ex t e n s i o n of th e We s t li n e of Lo t 1, Bl o c k 13 of sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y , wh i c h Ex h t b i t S h o w s u g be a r s N lo 4 3 ' 2 4 " E fr o m th e Tr u e Po i n t of Be g i n n i n g - th e n c e S lo 4 3 ' 2 4 " W, al o r i g sa i d PO R T OF BR E M E R TO N No r t h e r l y ex t e n s i o n 32 . 0 0 fe e t mo r e or le s s to th e TR U E PO I N T OF BE G I N N I N G . Po r t Ma n a g e m e n t Ag r e e m e n t 2- 0 8 0 0 1 6 Le a s e Nu m b e r s 2- 0 A 2 3 4 , 22 - 0 A 2 3 5 an d Le a s e Nu m b e r 2- 0 A 9 8 9 1 as am e n d e d 20 1 0 m Ha r b o r Ar e a an d Sh o r e an d Ti d e l a n d s of Si d n e y S UR V E Y O R ' S CE R T I F I C A T E AU D I T O R ' S CE R T I F I C A T E fr o n d n g Th i s ma p co r r e c t l y re p r e s e n t s a su r v e y ma d e by me or ur i d e r my di r e c t i o n in Fi l e d fo r re c o r d th i s O da of C4 1 C , h 20 at (1 n po r t i o n of Bl o c k s 11 , 12 an d is nd or t i R. co n f o r m a n c e wi t h th e re q u i r e m e n t s of th e SU R V E Y RE C O R D I N G AC T at th e Se c t i o n 6 To w n s h i p SA N Ra n g e l Ea s t W. M . at th e re q u e s t a p on 4 -- - - - - - - . U N b d T t of wy .re q u e of Po r t of B r e m e r t o n of Ly l e R. Mu l l e r E-um er e ra c By : @, 0 ) Sh o r e an d Ti d ds of Si d n e y Wa r d C. Mu l l e r an d As s o c i a t e s - L i c e n s e d La n d Su r v e y o r s Co u n t y Au d i t o r po r t i o n of Go v e r n m e n t Lo t s 3 an d 4 Lv e l 27 7 Si d n e y Av e n u e SU R V E Y NU M B E R SW - N E 6- 4 - 0 1 - 1 - 0 ' i ( ) ( p S E - N E 6- 4 - 0 1 1- O c o A Se c t i o n 26 - T o w n s h i p 4 No r t h - R a n g e 1 Ea s t W. M . Po r t Or c h a r d , Wa 98 3 6 6 Ph o n e (3 6 0 ) 8 7 6 - 3 4 4 3 La t i t u d e N 47 0 3 2 ' 2 8 . 0 8 " Lo n g i t u d e W 72 2 o 3 8 ' O 9 . 4 7 , , AU D I T O R ' S FI L E NU M B E R 80 0 0 3 0 1 0 1 3 5 Bo o k 75 Pa g e Fi e l d b o k Nu m b e r 40 5 an d "X " Sh e e t 1 of 12 Sh e e t s JO b 52 7 2-1 Page 117 of 263 PM A 22 - 0 8 0 0 1 6 PM A 22 - 0 8 0 0 1 6 Pa r c e l 1 Pa r c e l 2 Th a t po r t i o n of th e ha r b o r ar e a fr o n t i n g Bl o c k s 11 , 12 , 1 3 , Or c h a r d St r e e t , Fr e d r i c k St r e e t an d Si d n e y St r e e t al l in th e Si d n e y Ti d e l a n d s Th a t po r t i o n of th e ha r b o r ar e a fr o n t i n g Si d n e y St r e e t an d Bl o c k 13 , al l in th e Si d n e y Ti d e l a n d s fr o n t i n g Si d n e y St r e e t an d Bl o c k 13 of fr o n t i n g Bl o c k s 11 , 12 , 13 of th e Pl a t of S. M . St e v e n s To w n Pl a t of Si d n e y , as re c o r d e d in Vo l u m e 1,pa g e 1 of pl a t s an d Bl o c k 13 in th e th e Pl a t of Fi r s t Ad d i t i o n to Si d n e y as re c o r d e d in Vo l u m e 1,pa g e 10 of pl a t s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n an d be i n g a po r t i o n Sh o r e an d Ti d e l a n d s of Si d n e y as sh o w n on th a t ce r t a i n ma p da t e d Ma y 30 , 18 9 2 , fr o n t i n g Bl o c k 13 , Pl a t of Fi r s t Ad d i t i o n to Si d n e y as of Go v e r n m e n t Lo t 4, Se c t i o n 26 , to w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . mo r e pa r t i c u l a r l y de s c r i b e d as fo l l o w s : re c o r d in Vo l u m e 1,pa g e 10 of pl a t s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n an d be i n g a po r t i o n of Go v e r n m e n t Lo t s 3 an d 4,Se c t i o n 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . , mo r e pa r t i c u l a r de s c r i b e d as fo l l o w s : . Co m m e n c i n g at th a t ce r t a i n mo n u m e n t as de s c r i b e d in Re c o r d of Su r v e y re c o r d e d un d e r Au d i t o r ' s Fi l e Nu m b e r 30 9 0 2 5 7 an d fi l e d in Vo l u m e 49 , pa g e 13 9 of su r v e y s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n be i n g de s i g n a t e d as th e me a n d e r co r n e r co m m o n to Se c t i o n 25 Co m m e n c i n g at th a t ce r t a i n mo n u m e n t as de s c r i b e d in Re c o r d of Su r v e y re c o r d e d un d e r Au d i t o r ' s Fi l e Nu m b e r 30 9 0 2 5 7 an d fi l e d in an d 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . , fr o m wh i c h th e Ea s t on e qu a r t e r of sa i d Se c t i o n 26 be a r s S 1* 3 1 ' O 9 " W 58 9 . 2 1 fe e t ; th e n c e Vo l u m e 49 , pa g e 13 9 of su r v e y s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n be i n g de s i g n a t e d as th e me a n d e r co r n e r co m m o n to Se c t i o n 25 N lo 3 1 ' O 9 " E,al o n g th e No r t h e r l y ex t e n s i o n of th e Ea s t Li n e of Go v e r n m e n t Lo t 4 of sa i d se c t i o n , 91 2 . 4 8 fe e t to it s in t e r s e c t i o n wi t h th e an d 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . , fr o m wh i c h th e Ea s t on e qu a r t e r of sa i d Se c t i o n 26 be a r s S lo 3 1 ' O 9 " W 58 9 . 2 1 fe e t ; th e n c e In n e r Ha r b o r Li n e fr o n t i n g th e Sh o r e an d Ti d e l a n d s of Si d n e y ; th e n c e So u t h w e s t e r l y an d No r t h w e s t e r l y al o n g sa i d In n e r Ha r b o r Li n e on N 10 3 1 ' 0 9 " E,al o n g th e No r t h e r l y ex t e n s i o n of th e Ea s t Li n e of Go v e r n m e n t Lo t 4 of sa i d se c t i o n , 91 2 . 4 8 fe e t to it s in t e r s e c t i o n wi t h th e th e fo l l o w i n g co u r s e s , S 47 0 0 8 ' 5 1 " W 15 6 3 . 4 4 fe e t an d N 84 o 3 6 ' O 9 " W 14 8 . 3 6 fe e t mo r e or le s s to th e in t e r s e c t i o n of th e Ea s t e r l y ma r g i n of In n e r Ha r b o r Li n e fr o n t i n g th e Sh o r e an d Ti d e l a n d s of Si d n e y ; th e n c e So u t h w e s t e r l y an d No r t h w e s t e r l y al o n g sa i d In n e r Ha r b o r Li n e on Si d n e y St r e e t as sh o w n on th e sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y an d th e In n e r Ha r b o r Li n e as sh o w n on th e Ma p of Sh o r e an d th e fo l l o w i n g co u r s e s , S 47 0 0 8 ' 5 1 " W 15 6 3 . 4 4 fe e t an d N 84 o 3 6 ' O 9 " W 14 8 . 3 6 fe e t mo r e or le s s to th e in t e r s e c t i o n of th e Ea s t e r l y ma r g i n of Ti d e l a n d s of Si d n e y , Ki t s a p Co u n t y , Wa s h i n g t o n , da t e d Ma y 30 , 18 9 2 , sa i d po i n t be i n g th e No r t h e r l y ex t e n s i o n of Lo t 1,Bl o c k 13 of sa i d Si d n e y Av e n u e as sh o w n on sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y an d th e In n e r Ha r b o r Li n e as sh o w n on th e Ma p of Sh o r e an d Ti d e l a n d s Pl a t of Fi r s t Ad d i t i o n to Si d n e y ; th e n c e N 10 4 3 ' 2 4 " E,al o n g th e No r t h e r l y ex t e n s i o n of th e We s t li n e of Lo t 1, Bl o c k 13 of of sa i d Pl a t of of Si d n e y , Ki t s a p Co u n t y , Wa s h i n g t o n , da t e d Ma y 20 , 18 9 2 , sa i d po i n t be i n g th e No r t h e r l y ex t e n s i o n of th e We s t li n e of Lo t 1, Bl o c k 13 of Fi r s t Ad d i t i o n to Si d n e y , 20 0 . 0 0 fe e t an d th e TR U E PO I N T OF BE G I N N I N G of sa i d Pa r c e l 2; th e n c e N 84 * 3 6 ' O 9 " W,pa r a l l e l wi t h th e sa i d sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y ; th e n c e N 10 4 3 ' 2 4 " E,al o n g th e No r t h e r l y ex t e n s i o n of sa i d We s t li n e of Lo t 1, Bl o c k 13 of sa i d Pl a t of In n e r Ha r b o r Li n e , 33 . 0 7 fe e t mo r e or le s s to it s in t e r s e c t i o n wi t h th e No r t h e r l y ex t e n s i o n of th e ce n t e r l i n e of Si d n e y St r e e t an d sh o w n on Fi r s t Ad d i t i o n to Si d n e y , 37 . 2 7 fe e t mo r e or le s s to it s in t e r s e c t i o n wi t h th e Me a n Hi g h Wa t e r Li n e of Si n c l a i r In l e t , as ba s e d up o n U. S . C . sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y ; th e n c e N lo 4 3 ' 2 4 " E, al o n g th e No r t h e r l y ex t e n s i o n of th e sa i d ce n t e r l i n e of Si d n e y St r e e t , 75 4 . 6 9 fe e t an d G. S . Ti d a l Be n c h Ma r k St a m p e d Nu m b e r 9 SU B 2 RE S E T an d th e TR U E PO I N T OF BE G I N N I N G of sa i d Pa r c e l 1; th e n c e N lo 4 3 ' 2 4 " mo r e or le s s to th e Re - E s t a b l i s h e d Ou t e r Ha r b o r Li n e , as ap p r o v e d by th e Ha r b o r Li n e Co m m i s s i o n pe r Re s o l u t i o n Nu m b e r 17 5 , da t e d E,al o n g th e sa i d No r t h e r l y ex t e n s i o n , 16 2 . 7 3 fe e t ; th e n c e N 84 o 3 6 ' O 9 " W, pa r a l l e l wi t h th e sa i d In n e r Ha r b o r Li n e 33 . 0 7 fe e t mo r e or le s s to Se p t e m b e r 11 , 19 7 3 ; th e n c e N 63 o 4 8 ' 5 3 " E, al o n g sa i d Re - E s t a b l i s h e d Ou t e r Ha r b o r Li n e , 23 7 . 6 4 fe e t mo r e or le s s to po i n t 21 0 . 0 0 fe e t Ea s t it s in t e r s e c t i o n wi t h th e No r t h e r l y ex t e n s i o n of th e ce n t e r l i n e of Si d n e y St r e e t as sh o w n on sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y ; th e n c e N of at ri g h t an g l e to th e sa i d No r t h e r l y ex t e n s i o n of th e ce n t e r l i n e of Si d n e y St r e e t an d sh o w n on sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y ; lo 4 3 ' 2 4 " E,al o n g th e No r t h e r l y ex t e n s i o n of sa i d ce n t e r l i n e 75 4 . 6 9 fe e t mo r e or le s s to th e Re - E s t a b l i s h e d Ou t e r Ha r b o r Li n e , as ap p r o v e d th e n c e S 10 4 3 ' 2 4 " E,pa r a l l e l wi t h an d 21 0 . 0 0 fe e t Ea s t of at ri g h t an g l e to th e sa i d ce n t e r l i n e of Si d n e y St r e e t 81 4 . 4 0 fe e t mo r e or le s s to a by th e Ha r b o r Li n e Co m m i s s i o n pe r Re s o l u t i o n Nu m b e r 17 5 , da t e d Se p t e m b e r 11 , 19 7 3 ; th e n c e So u t h w e s t e r l y al o n g th e sa i d po i n t wh i c h be a r s N lo 4 3 ' 2 4 " E,pa r a l l e l wi t h th e No r t h e r l y ex t e n s i o n of th e We s t li n e of Lo t 1, Bl o c k 13 of sa i d Pl a t of Fi r s t Ad d i t i o n to Re - E s t a b l i s h e d Ou t e r Ha r b o r Li n e on th e fo l l o w i n g co u r s e s , S 63 0 4 8 ' 5 3 " W 43 . 6 4 fe e t , S 88 0 0 7 ' 4 9 " W 64 5 . 8 5 fe e t an d S 46 . 3 7 ' 5 1 " W 16 5 . 1 9 Si d n e y , 26 5 . 0 0 fe e t an d S 84 0 3 6 ' O 9 " E,pa r a l l e l wi t h th e sa i d In n e r Ha r b o r Li n e , 17 7 . 3 7 fe e t fr o m th e in t e r s e c t i o n of th e sa i d In n e r Ha r b o r fe e t ; th e n c e le a v i n g sa i d Re - E s t a b l i s h e d Ou t e r Ha r b o r Li n e ru n S lo 4 1 ' 4 8 " W, pa r a l l e l wi t h th e ce n t e r l i n e of Or c h a r d St r e e t in sa i d Pl a t of Li n e an d th e We s t li n e of Lo t 1, Bl o c k 13 of sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y ex t e n d e d ; th e n c e N 84 . 3 6 ' O 9 " W,pa r a l l e l wi t h th e sa i d S. M . St e v e n s To w n Pl a t of Si d n e y , 52 1 . 8 2 fe e t mo r e or le s s to a po i n t wh i c h be a r s N 31 . 4 8 ' 1 2 " W,pa r a l l e l wi t h th e No r t h e r l y li n e of Lo t 3, In n e r Ha r b o r li n e 17 7 . 3 7 fe e t mo r e or le s s to it s in t e r s e c t i o n wi t h th e No r t h e r l y ex t e n s i o n of th e We s t Li n e of Lo t 1,Bl o c k 13 of sa i d Pl a t of Bl o c k 11 of sa i d Pl a t of S. M . St e v e n s To w n Pl a t of Si d n e y , fr o m th e an g l e po i n t in th e In n e r Ha r b o r Li n e fr o n t i n g Bl o c k 11 of sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y ; th e n c e S lo 4 3 ' 2 4 " E;al o n g th e sa i d No r t h e r l y ex t e n s i o n 65 . 0 0 fe e t mo r e or le s s to th e TR U E PO I N T OF S. M . St e v e n s To w n Pl a t of Si d n e y ; th e n c e S 31 0 4 8 ' 1 2 " E 20 2 . 7 8 fe e t mo r e or le s s to th e sa i d Me a n Hi g h Wa t e r Li n e of Si n c l a i r In l e t ; th e n c e BE G I N N I N G al o n g th e sa i d Me a n Hi g h Wa t e r Li n e on th e fo l l o w i n g co u r s e , N 46 o 5 3 ' 5 0 " W 31 . 7 8 fe e t , N 50 0 0 8 ' 1 3 " E 53 . 4 7 fe e t , N 44 0 2 6 ' 0 5 " E 41 . 6 5 fe e t , N 64 * 4 1 ' 3 3 " E 22 . 5 4 fe e t , N 55 0 2 0 ' 2 5 " E 17 . 4 6 fe e t , N 44 o 5 5 ' 4 1 " W,5. 8 9 fe e t to th e be g i n n i n g a cu r v e to th e ri g h t fr o m wh i c h th e ra d i u s po i n t be a r s N 45 0 0 6 ' 2 9 " E 20 . 0 0 fe e t ; th e n c e No r t h w e s t e r l y , No r t h e a s t e r l y an d So u t h e a s t e r l y al o n g th e ar e of sa i d cu r v e 71 . 3 4 fe e t to a PM A 22 - 0 8 0 0 1 6 po i n t fr o m wh i c h th e ra d i u s po i n t be a r s S 69 0 2 8 ' 4 4 " W; t h e n c e S 20 o 3 1 ' 1 6 " E 11 . 0 7 fe e t , S 86 0 1 8 ' O 9 " E 13 4 . 2 7 fe e t , S 78 0 0 9 ' 0 3 " E 93 . 7 9 fe e t , S 69 0 0 4 ' 1 7 " E 97 . 5 0 fe e t , S 60 * 1 5 ' 5 0 " E 69 . 1 7 fe e t , S 70 0 1 5 ' 3 4 " E 45 . 3 8 fe e t , S 63 o 3 6 ' 4 7 " E 11 9 . 1 8 fe e t an d S 73 0 3 5 ' 5 9 " E 48 . 0 0 fe e t mo r e or le s s Pa r c e l 3 to th e TR U E PO I N T OF BE G I N N I N G . Th a t po r t i o n of th e ha r b o r ar e a fr o n t i n g Bl o c k 13 of th e Si d n e y Ti d e l a n d s fr o n t i n g Bl o c k 13 of th e Pl a t of Fi r s t Ad d i t i o n to Si d n e y as re c o r d e d in Vo l u m e 1,pa g e 10 of pl a t s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n an d be i n g a po r t i o n of Go v e r n m e n t Lo t 4, Se c t i o n 26 , to w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . mo r e pa r t i c u l a r l y de s c r i b e d as fo l l o w s : Co m m e n c i n g at th a t ce r t a i n mo n u m e n t as de s c r i b e d in Re c o r d of Su r v e y re c o r d e d un d e r Au d i t o r ' s Fi l e Nu m b e r 30 9 0 2 5 7 an d fi l e d in Vo l u m e 49 , pa g e 13 9 of su r v e y s , re c o r d s of Ki t s a p Co u n t y , Wa s h i n g t o n be i n g de s i g n a t e d as th e me a n d e r co r n e r co m m o n to Se c t i o n 25 Ar e a T e Re f e r e n c e S ua r e Fo o t an d 26 , To w n s h i p 24 No r t h , Ra n g e 1 Ea s t W. M . , fr o m wh i c h th e Ea s t on e qu a r t e r of sa i d Se c t i o n 26 be a r s S 1* 3 1 ' O 9 " W 58 9 . 2 1 fe e t ; th e n c e yp q ag e N 10 3 1 ' 0 9 " E,al o n g th e No r t h e r l y ex t e n s i o n of th e Ea s t Li n e of Go v e r n m e n t Lo t 4 of sa i d se c t i o n , 91 2 . 4 8 fe e t to it s in t e r s e c t i o n wi t h th e Le a s e 22 - 0 A 2 2 3 5 "A " No n - W a t e r De p e n d e n t le a s e No . 22 - 0 A 2 2 3 5 (p e r PM A 22 - 0 8 0 0 7 6 ) 37 7 8 . 4 s q . ft . *In n e r Ha r b o r Li n e fr o n t i n g th e Sh o r e an d Ti d e l a n d s of Si d n e y ; th e n c e So u t h w e s t e r l y an d No r t h w e s t e r l y al o n g sa i d In n e r Ha r b o r Li n e Le a s e 22 - O A 2 2 3 5 "B " Pu b l i c Us e Ar e a Le a s e No . 22 - 0 A 2 2 3 5 (p e r PM A 22 - 0 8 0 0 7 6)33 0 7 . 3 sq . ft . 1 on th e fo l l o w i n g co u r s e s , S 47 0 0 8 ' 5 1 " W 14 1 1 . 9 0 fe e t mo r e or le s s to th e No r t h e a s t co r n e r of Lo t 10 , Bl o c k 13 of th e Si d n e y Ti d e l a n d s as sh o w n on th e Ma p of Sh o r e an d Ti d e l a n d s of Si d n e y , Ki t s a p Co u n t y , Wa s h i n g t o n , da t e d Ma y 30 , 18 9 2 , sa i d po i n t be i n g th e in t e r s e c t i o n Le a s e 22 - 0 A 2 2 3 5 "C " No n - W a t e r De p e n d e n t Le a s e No . 22 - O A 2 2 3 5 (p e r PM A 22 - 0 8 0 0 7 6 ) 39 4 2 . 3 sq . ft . *of th e No r t h e r l y ex t e n s i o n of th e li n e co m m o n to Lo t s 10 an d 11 , Bl o c k 13 of sa i d Pl a t of Fi r s t Ad d i t i o n to Si d n e y an d th e In n e r Ha r b o r Le a s e 22 - 0 A 2 2 3 5 "D " Pu b l i c Us e Ar e a Le a s e No . 22 - 0 A 2 2 3 5 (p e r PM A 22 - 0 8 0 0 7 6)55 6 0 . 2 sq . ft . +Li n e as sh o w n on sa i d Ma p of Sh o r e an d Ti d e l a n d s of Si d n e y ; th e n c e N 88 0 1 6 ' 3 6 " W,at ri g h t an g l e to th e sa i d Ea s t li n e of Lo t 10 of th e Le a s e 22 - O A 2 2 3 5 "E " No n - W a t e r De p e n d e n t Le a s e No . 22 - 0 A 2 2 3 5 (p e r PM A 22 - 0 8 0 0 1 6 ) 70 , 0 6 3 . 4 sq . ft . + Pl a t of Fi r s t Ad d i t i o n to Si d n e y , 17 5 . 0 0 fe e t mo r e or le s s to it s in t e r s e c t i o n wi t h th e No r t h e r l y ex t e n s i o n of th e Lo t li n e co m m o n to Lo t s 3 an d 4 of sa i d Bl o c k 13 of th e Si d n e y Ti d e l a n d s ; th e n c e S lo 4 3 ' 2 4 " W,al o n g No r t h e r l y ex t e n s i o n of sa i d lo t li n e co m m o n to Lo t s 3 an d 4,a di s t a n c e of 52 . 0 5 fe e t mo r e or to a po i n t wh i c h be a r s No r t h e r l y al o n g th e sa i d lo t li n e co m m o n to sa i d Lo t s 3 an d 4 of Bl o c k 13 of th e Le a s e 22 - 0 A 2 2 3 4 "A " No n - W a t e r De p e n d e n t Le a s e No . 22 - 0 A 2 2 3 4 (p e r PM A 22 - 0 8 0 0 7 6 ) 20 6 9 . 7 sq . ft . +Si d n e y Ti d e l a n d 50 . 0 0 fe e t di s t a n c e fr o m th e In n e r Ha r b o r Li n e ; th e n c e N 84 . 3 6 ' O 9 " W,pa r a l l e l wi t h an d 49 . 4 9 at ri g h t an g l e to th e sa i d In n e r Ha r b o r Li n e , 70 . 1 4 fe e t mo r e or le s s to a po i n t 11 . 0 0 fe e t Ea s t of at ri g h t an g l e to th e We s t li n e of Lo t 1, Bl o c k 13 of sa i d Si d n e y Le a s e 22 - 0 A 2 2 3 4 "B " Pu b l i c Us e Ar e a Le a s e No . 22 - 0 A 2 2 3 4 (p e r PM A 22 - 0 8 0 0 7 6)75 4 7 . 0 sq . ft .Ti d e l a n d s ; th e n c e S 10 4 3 ' 2 4 " W,pa r a l l e l wi t h th e We s t li n e of sa i d Lo t 1,a di s t a n c e of 14 . 8 9 fe e t mo r e or le s s to it s in t e r s e c t i o n wi t h th e Le a s e 22 - O A 2 2 3 4 "C " No n - W a t e r De p e n d e n t Le a s e No . 22 - O A 2 2 3 4 (p e r PM A 22 - 0 8 0 0 7 6 ) 27 0 8 . 8 sq . ft . +Me a n Hi g h Wa t e r Li n e of Si n c l a i r In l e t , as ba s e d up o n U. S . C . an d G. S . Ti d a l Be n c h Ma r k St a m p e d Nu m b e r 9 SU B 2 RE S E T ; ; th e n c e Ea s t e r l y al o n g th e sa i d Me a n Hi g h Wa t e r Li n e on th e fo l l o w i n g co u r s e s , S 75 . 3 0 ' 4 6 " E 27 . 3 4 fe e t , N 88 . 1 1 ' O 9 " E 67 . 5 8 fe e t , S 83 . 4 9 ' 0 1 " E 30 . 1 8 fe e t an d S 88 0 2 5 ' 0 5 " E 53 . 2 6 fe e t mo r e or le s s to it s in t e r s e c t i o n wi t h th e sa i d In n e r Ha r b o r Li n e ; th e n c e N 47 * 0 8 ' 5 1 " E,al o n g th e Le a s e 22 - 0 A 9 8 9 7 "A " No n - W a t e r De p e n d e n t Am e n d e d Le a s e No . 22 - 0 A 9 8 9 7 (T r a c t "B " ) 25 7 0 . 7 sq . ft . +sa i d In n e r Ha r b o r Li n e 94 . 8 0 fe e t mo r e or le s s to th e TR U E PO I N T OF BE G I N N I N G . Le a s e 22 - O A 9 8 9 7 "B " Pu b l i c Us e Ar e a Am e n d e d Le a s e No . 22 - O A 9 8 9 7 (T r a c t "B " ) 10 7 9 . 7 s q . ft . & Le a s e 22 - 0 A 9 8 9 7 "C " No n - W a t e r De p e n d e n t Am e n d e d Le a s e No . 22 - 0 A 9 8 9 7 (T r a c t "B " ) 76 , 0 4 8 . 9 sq . ft . + Le a s e 22 - 0 A 9 8 9 7 "D " No n - W a t e r De p e n d e n t Am e n d e d Le a s e No . 22 - 0 A 9 8 9 7 (T r a c t "A " ) 30 5 0 . 9 sq . ft . + Le a s e 22 - 0 A 9 8 9 7 "E " Pu b l i c Us e Ar e a Am e n d e d Le a s e No . 22 - O A 9 8 9 7 (T r a c t "A " ) 75 7 3 . 2 sq . ft . + Le a s e 22 - 0 A 9 8 9 7 "F " No n - W a t e r De p e n d e n t Am e n d e d Le a s e No . 22 - 0 A 9 8 9 7 (T r a c t "A " ) 66 6 7 . 4 sq . ft . + PM A 22 - 0 8 0 0 7 6 Pa r c e l T 67 9 , 6 2 2 . 0 sq . ft . -t - PM A 22 - 0 8 0 0 7 6 Pa r c e l 2 76 0 , 0 7 5 . 4 sq . f t , + PM A 22 - 0 8 0 0 7 6 Pa r c e l 3 T0, 5 0 3 . 0 sq . ft . + An E P O % 2 n ON Po r t Ma n a g e m e n t Ag r e e m e n t 2- 0 8 0 0 1 6 Le a s e Nu m b e r s 2- 0 A 2 3 4 , 2- 0 A 2 2 8 5 an d Le a s e Nu m b e r 2- 0 A 9 8 9 1 as am e n d e d 20 1 0 m Ha r b o r Ar e a an d Sh o r e an d Ti d e l a n d s of Si d n e y AU D I T O R ' S CE R T I F I C A T E /- t i n e is po r t i o n of B l o c k s 11 , 12 an d 13 Fi l e d fo r re c o r d th i s _Q A _ _d a y of Q.20 9 9 at :an d po r t i o n .. - -- - - - Se c t i o n 6 To w n s h i p 4N Ra n g e l Ea s t W. M . at th e re q u e s t .o Un - N u m b e r e d Tr a c t Wa r d C. Mu l l i e r &As s o c i a t e s of Ly l e R. Mu l l e r Li c e n s e d La n d Su r v e y o r s of th e *La n d De v e l o p m e n t Pl a n n i n g Sh o r e an d Ti d e la n d s of Si d n e y *c o n s t r u c t i o n su r y . y i n g o Ga s I Co u n t y Au d i t o r po r t i o n of Go v e r n m e n t Lo t s 3 an d . & Ov e r 50 ye a r s of Se r v i c e to Ki t s a p an d Ol y m p i c Pe n i n s u l a 9 **21 7 8 i d n e y A v e n u e (3 6 0 ) 8 7 6 - 3 4 4 3 L LA N SU R V E Y NU M B E R SW - N E 6- 2 4 - 0 1 - 1 - 0 t o ( p S E - N E 6- 2 4 - 0 1 - 1 - Se c i t o n 6- T o w n s h z p 2 No r t h - R a n g e 1 Ea s t W. M . Po r t Or c h a r d , WA 98 3 6 6 (3 6 0 ) 37 7 - 5 9 5 1 ,* J S " @ . " " '." " ' " d A s ag Me n AU D I T O R ' S FI L E NU M B E R 1) 1 1 7 ) T C ) \ f ) ( T A Bo o k Pa g e S Fi l e d b o o k 40 5 an d "X " Sh e e t 2 o( 1 2 sh e e t s JO b 52 7 2-1 Page 118 of 263 Be a r i n g s ba s e d up o n Wa s h i n g t o n Co o r d i n a t e S st e m No r t h Zo n e NA D 83 / 9 1 as de r i v e d fr o m Gl o b a Po s i t i o n i n g Sy s t e m (G P S ) ti e s to Hi g h Ac c u r a c y Cu r v e Da t a (10 / Re f e r e n c e Ne t w o r k (H A R N ) Co n t r o l St a t i o n s . Re f e r to A= 35 * 2 3 ' 4 1 " 3=20 4 * 2 2 * 2 5 " A= 27 * 2 5 ' 2 5 " A= 17 * 4 1 ' 5 0 " co n t r o l sc h e m e as sh o w n on su r v e y re c o r d e d un d e r Vi c i n i t y Ma R=49 . 6 4 R=20 . 0 0 R=49 . 6 4 R=2M . 5 0 Au d i t o r ' s Fi l e Nu m b e r 30 9 0 2 5 7 a n d fi l e d in Bo o k 49 , L=30 . 6 7 L=71 . 3 4 L=23 . 7 6 L=82 . 3 4 pa g e 13 9 of su r v e y s . No Sc a l e Re - E s t a b l i s h e d Ou t e r Ha r b o r Li n e 3 r pe r St a t e Ha r b o r Li n e Co m m i s s i o n Re s o l u t i o n Nu m b e r 17 5 da t e d Se p t e m b e r 11 , 19 7 3 N 88 0 0 7 ' 4 9 " E 64 5 . 8 5 0 -- - -- - - - - - .. . . .. N 84 o 3 6 ' O 9 " Ha r b o r ev o PM A 92 - 0 8 0 0 1 6 [Pa r c e l 1] Ar e a = 61 9 , 6 2 2 sq . ft . mo r e or le s s Am e n d e d Le a s e Nu m b e r 2- 0 A 2 3 5 Ar e a = 6, 0 5 2 sq . J . mo r e or le s s N 84 * 3 6 ' O 9 " W 4, ' . 3 84 ' 3 6 ' O 9 4, '9 6 N8 3 * 0 5 ' 5 l " W Le a s e Nu m b e r 9- 0 0 6 9 1/27 . 9 2 14 3 9 9 I I N 87 * 0 5 2 W 1 I -26 25 Am e n d e 5 t of Po r t Or c h a r d "J r N 88 * 1 6 ' 3 6 " W 70 7 O' 3 3 " E 3 46 . 9 0 Aq u a t i c La n d Le a s e as e Nu m b e r 2- 0 0 9 5 @ If 8 17 5 0 0 1 1 -Nu m b e r 9- A O 3 3 6 63 N 84 36 9 I I -- - 62 5 0 0 - . . . . . Ha r b o r 4 N 84 0 3 6 ' O 9 " -- - 13 7 3 4 ,, , 7 s z co a o 66 . 0 0 me ed se Nu m b e r 2- 0 A 2 3 4 O e- - Ar e a = 5, 7 9 5 sq . J . mo r e or le s s & Am e n d e d Le a s e Nu m b e r 9- 0 A 9 8 9 1 26 25 Tr a c t "B " . Ro c w (m e t e r s ) 6 o Ar e a = 19 , 6 9 9 sq . ft mo r e or le s s N- 6 1 7 7 9 . 3 1 8 Ot ; O ,, 59 . 9 7 3 E- 3 6 4 6 7 7 . 8 2 4 N 88 * 1 6 36 " o o oe Po r t Ma n a g e m e n t Ag r e e m e n t 2- 0 8 0 0 1 6 o Le a s e Nu m b e r s 2- 0 A 2 8 4 , 2- 0 A S 2 3 5 an d Le a s e Nu m b e r 2- 0 A 9 8 9 1 2 st o as am e n d e d 20 1 0 o sn Ha r b o r Ar e a an d Sh o r e an d Ti d e l a n d s of Si d n e y AU D I T O 'S CE R T I F I C A T E fr o n t i n g as , pa po r t i o n of Bl o c k s 11 , 12 an d 13 R L' Fi l e d fo r re c o r d th i s JA _ d a y of Tr \ 20 9 at 1 -9 1 in nd ti 9. . - - - - - - - - - - - Se c t i o n 6 To w n s h i p 4N Ra n g e l Ea s t W. M . at th e re q u e s t a po r on Un - N u m b e r e d Tr a c t Wa r d C. Mu l l e r &As s o c i a t e s . of Ly l e R. Mu l l e r Li c e n s e d La n d Su r v e y o r s of th e 1 "d D e r ea l o p m e n t S P l a n e a Sh o r e an d Ti d e l a n d s of Si d n e y *Su b d i v i s i o n an d Pl a t t i n g be i n g in 26 25 *Co n s t r u c t i o n su r v e y i n g Co u n Au d i t o r -as s ty po r t s o n of Go v e r n m e n t Lo t s 3 an d 4 Ov e r 50 ye a r s of Se r v i c e to Ki t e a p an d Ol y m p i c Pe n i n s u l a ,. 35 36 21 7 Si d n e y Av e n u e (3 6 0 ) 8 7 6 - 3 4 4 3 L LA N SU R V E Y NU M B E R SW - N E 6- 2 4 - 0 1 - 1 - 0 0 0 p S E - N E 6- 4 - 0 1 - 1 - co o 9 Se c t z o n 6- T o w n s h i p 4 No r t h - R a n g e 1 Ea s t W. M . Po r t Or c h a r d , WA 98 3 6 6 (3 6 0 ) 37 7 - 5 9 5 1 ,o g y g , R t y , " , * M , ^ $1 , , , . , , , , AU D I T O R ' S FI LE NU M B E R ZO W O' N ) 1 0 1 3 4 Bo o k Pa g e Fi e l d b o o k 40 5 an d "X " Sh e e t S of 12 sh e e t s JO b 52 7 2 - 1 Page 119 of 263 C/ Re - E s t a , b l i s h e d Ou t e r Ha r b o r Li n e pe r St a t e Ha , r b o r Li n e Co m m i s s i o n Re s o l u t i o n Nu m b e r 17 5 da t e d Se p t e m b 8 07 91 9 E 64 5 . 8 5 .5 '\ Sc a l e 1" = 5 0 ' 25 75 co 2 ce mm - 0 5 10 0 or -- - - - - - - - - - - . . . . . . . Ou t e r -- - - - - - - - - - - . . . . . . . h' a r b o r N 84 . 3 6 ' O 9 " w 74 e . 7 2 86 9 . 2 5 Li n e (P o r t Ma n a g e m e n t Ag r e en t 22 - 80 0 1 6 ) PM A 22 - 0 8 0 0 1 6 PA R C E L 1 II n i m u m m i t co <P o e O -n 13 4 . -- LE A S E OA 2 3 5 " F LM S E 22 - 0 A 2 2 3 5 " A " La s t 22 - 0 5" D . E 22 0 A 2 2 3 "B ) Am e n d e d t o 22 - 0 A 23 un e - EA S E 2- -- - - - .. . . . . to as as Lo r / 40 se e . ss ea s Lo r or Page 120 of 263 e. @C L Tg a r b o r st e d Se p l e a v , b e r 11 ' o s' ^ s ' Re - @ Re e s o l u t i o n Ns ' Co o p s i s s pe r St a t e ga r b o y Li s e N 88 . 0 7 ' 4 9 " E 64 5 . 8 5 Sc a l e 1" = 5 0 ' ex - 5 25 75 ma a .8 2 mm - 0 50 70 0 Ha r b o r N 84 c 3 6 ' O 9 " ut re a r 86 9 . 2 5 Li n e or t Ma n a g e m e n t Ag r e en t 22 - 0 8 0 0 1 6 ) 22 - o s o o n em zz - o s o o 2 s PA x c a 1 PA R C H 2 CC r n 27 0 . 0 0 0 NC L A N 88 < 1 6 25 6 . O O Co . . ' - -- - - - - - - - - - - so LF A S E 22 - 0 A 23 5 " E 8 t '- - - - 9 o 8 O ge s or ' N 84 ' 3 6 09 -- - Co n c r e t e Ho a l it s a p Tr a n s i t a Wa s h i n Mu n i c i p a l Co r p o r a t i o ' n ' s ea s e Nu m b 2- 0 0 9 6 2 9 " c- , no , ' 8' l e ' 3 8 " W o . 27 s oo ag e s s o 3 0 s to -- .- - . . . . . . . . . . (P o r t Ma n a g e m e n t Ag r e e m e n t 2- 0 8 0 0 1 6 ) o a 0 to a os -- - - - - - -- - - - - - - 7 ro . .. . E c. . e me a oo * ss 'h ne r .1 1 Q ar b er - 2 2 - p zz 3 4 Ak a Page 121 of 263 f .0 mi l m i l l u l l l I I I I I I l l I lu l u l l a n m M u n i co m sh o r an a is wa s rs ev N 88 ' 1 6 ' W 25 6 . 0 0 BI o k 16 El l l l l l l l l l l M i l i l l l U II I I I l l -- - - - - - - - - ---- - - - - - . . . . . . \0 O Lo t 1 Lo t 2 Lo t &Lo t 4 Lo t 5 Lo t 6 36 09 o -- - - - - - .-- CO O C r e t e FOa ( 'Ki t s a p Tr a n s i t a. a W a s h i gb n2 M a c tw 2 p a l Cm 'a t i o r l ' s 0 0 CO O C r e t e fl o a t N 88 16 ' 3 8 " W c ,1 q, PM A 2 08 0 0 1 6 . PA R C E L 3 Ra p LE A S E 22 0A 9 8 9 1 " -- - . . . . . . . . . (P o r t Ma n a g e m e n t Ag r e e m e n t 2- 0 8 0 0 1 6 ) so a / N as 9" LE A E 2- 0 A 9 8 1" B / ps 1 ne r . so LE A S E 22 - 0 4 9 8 9 1 " 9 3N8 8 " 3 3 3 9 " W 75 6 . 2 4 Ha r b o r o --eg .;.o 4 .2 4 . LE A S E 22 - 0 A 89 1 " E . B oc k 1 Lo t 6 Li t s e 2 2 = 22 3 4 /70 Lo t 5-L E A S E -- 8 4 2 2 4"67 Lo t Lo t Lo 0 or 1 o /EA S E 22 - 0 A 9 8 9 1 " F 3 oz , S ed of S i ne " 11 .5 0 LE A S E 91 " C " ot 1 BL O C K 3 0 le 0 41 1 1 8 Lo t 4 3 33 N 88 ' 1 6 38 " " Lo t 2 o Lo t 8 TS t Ad d ti o n to Si d n e y o 0 vo l u m e pa g e To of pl a t s Lo t 1 PO R E T x Mw n O Po r t Ma n a g e m e n t Ag r e e m e n t 2- 0 8 0 0 1 6 oa Le a , s e Nu m b e r s 2- 0 A 2 3 4 an d Le a s e Nu m b e r 22 - 0 A 9 8 9 1 as am e n d e d 20 1 0 0 Lo r 2 AU D I T O R ' S CE R T I F I C A T E Ha r b o r Ar e a an d Sh o r e an d Ti d e l a n d s of Si d n e y Lo r 11 fr o n t i n g to 9 Lo r Kl Fi l e d fo r re c o r d th i s 01 da y of Ac a c k i 20 at . An po r t i o n of Bl o c k 13 Se c t i o n 6 To w n s h i p 94 N Ra n g e 1 Ea s t W. M . at th e re q u e s t an d po r t i o n Wa r d C. Mu l l e r &As s o c i a t e s ,, l of Ly l e R.Mu l l e r Un - N u m b e r e d Tr a c t Li c e n s e d La n d Su r v e y o r s of Us e*La n d De v e l o p m e n t Pl a n n i n g .. . . .q g q . v . Rx h ! \,k k V i r d - o n sy : sh o r e an d Ti d la as of Si d n e y *Co n s t r u c t i o n su r v e y i n g ,Co u n t y Au d i t o r .or t s o n of Go v e r n m e n t Lo t 4Ov e r 50 ye a r s of Se r v i c e to Ki t s a p an d Ol y m p i c Pe n i n s u l a ).21 7 Si d n e y Av e n u e (3 6 0 ) 8 7 6 - 3 4 4 3 LL SU R V E Y NU M B E R SW - N E 6- 9 4 - 0 1 - 1 - 0 0 0 ( a SE - N E 6- 4 - 0 1 - 1 - co o c 1 Se c t z o n 6- ow n s h i p 4 No r t h - R a n g e 1 Ea s t W. M . Po r t Or c h a r d , WA 98 3 6 6 (3 6 0 ) 37 7 - 5 9 5 1 .1 2 1 : 2 ' d " " ! " ' " ' i f " " " " " ' . ^ \ t ? w e s s . . n e s i w AU D I T O R ' S FI L E NU M B E R 20 ( | 03 0 1 0 11 $ Bo o k 15 Pa g e S Fi l e d b o o k 40 5 an d "X " Sh e e p 6 of 12 sh e e t s JO b 52 7 2-1 Zo 4 0 % Ot t ") 5 - 6 TPage 122 of 263 N To e __ ,'3 .r ap p r o x i m a t e -- 13 4 8 k ca t i o h Sc a l e 1" = 2 0 e mo r e N 86 1 \.. --%' 0 ; -<0 7O 2 0 4 0 8. 5 44 2 o 8F 8 23 " . 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Mu l l e r &As s o c i a t e s of Ly l e R. Mu l l e r Uc se d La n d S ey o r s Sh o r e an d Ti d e l a n d s of Si d n e y .o n as e T A- M A N By : id b 0. , ( be i n g po r t i o n of <c o n . e r n e t i o n su r v e v i n g Co u n t y Au d i t o r U Go v e r n m e n t Lo t 3 44 - - Se M e e t o K i t e a p a n d Ol 6 )p 8 i c P e s3 u l a L LA N SU R V E Y NU M B E R SW - N E 6- 2 -0 1 - 1 - 0 0 0 ( p SE - N E 6- 4 - 0 1 - 1 - co o "" - Se c t i o n 26 - T o w n s h i p 24 No r t h - R a n g e 1 Ea s t W.M. Po r t Or c h a r d , WA 98 3 6 6 (3 6 0 ) 37 7 - 5 9 5 1 W, 4 w A q AU D I T O R ' S FI L E NU M B E R (0 1 1 03 0 1 () (3 6 Bo o k Pa g e Fi l e d b o o k 40 5 an d "X " Sh e e t 7 of 12 sh e e t s al Ob 52 7 2-1 as e s o t oe S 75 es Page 123 of 263 Sc a l e 1" = 2 0 ' 5 75 30 co 0 TO 20 40 To e .. . . . . 1 .. . . . . . . . . . . . . . . . at ? ' -.. . . Ro c k ap p r o x i m a t e -- - - - - - - . . 13 4 . ok ca t i o n -- - . . . . 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Mu l l e r &As s o c i a t e s o of Ly l e R.Mu l l e r of th e Li c e n s e d La n d Su r v e y o r s Sh o r e an d Ti d e l a n d s of Si d n e y *La n d De v e l o p m e n t Pl a n n i n g *Bo u n d a r y an d Lo t Su r v e y s be i n g po r t i o n of *Su b d i v i s i o n an d Pl a t t i n g 8/ * .e . . . . . . . . . . . . . . s . , Co u n t y Au d i t o r Go v e r n m e n t Lo t 3 Ov e r 50 ye a r s of Se r v i c e to Ki t s a p an d Ol y m p i c Pe n i n s u l a %, d i s , Se c t i o n 26 - To w n s h i p 24 No r t h - R a n g e 1 Ea s t W.M. 21 7 Si d n e y Av e n u e (3 6 0 ) 87 6 - 3 4 4 3 SU R V E Y NU M BE R SW - N E 6- 4 - 0 1 - 1 - DC O ( o -N E 6- 2 4 - 0 1 - 1 - @ Po r t Or c h a r d , WA 98 3 6 6 (3 6 0 ) 37 7 - 5 9 5 1 Tl ' . 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Mu l l e r &As s o c i a t e s of Ly l e R.Mu l l e r Li c e n s e d La n d Su r v e y o r s *La n d De v e l o p m e n t Pl a n n i n g *Bo u n d a r y an d Lo t Su r v e y s *Su b d i v i s i o n an d Pl a t t i n g Q 8 . *Co n s t r u c t i o n su r v e y i n g .IS T E +Co u n t y Au d i t o r Ov e r 50 ye a r s of Se r v i c e to Ki t u a p an d Ol y m p i c Pe n i n s u l a 04 ,LA 21 7 Si d n e y Av e n u e (3 6 0 ) 87 6 - 3 4 4 3 SU R V E Y NU M B E R 11 R( o - 2. 4 0\ 1 OD b C o 5 G 01 00 t P Po r t Or c h a r d , WA 98 3 6 6 (3 6 0 ) 37 7 - 5 9 5 1 ,* J S ' ". R " " ' d ? ' " " " " ' ^ 1" . , , . - AU D I T O R ' S FI L E NU M B E R *; 01 \ 0 % t O f 3 6 Bo o k "D O Pa g e F ed b 40 5 a n d " X " Sh e e t ' 9 of 12 sh e e t s JO b "i 2 7 2 - 1 ?o i t o S o l o t @ TS - Page 125 of 263 Co n c r e t e Fl o a t Ki t s a p Tr a n s i t a Wa s h i n g on Mu n i c i p a l Co r p o r a t i o n ea s e Nu m b 92 - 0 0 2 6 2 9 i Co n c r e t e Fl o a t Sc a l e 1" = 2 0 ' .oa . 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Page 128 of 263 201109290042 09/29/2011 10:00:37 AM Page 33 of 33 EXHIBIT B PLAN OF OPERATION AND MAINTENANCE 1.DESCRIPTION OF THE PERMITTED USE A.Existing Facilities.The Lease area consistsof historicallyfilledtidelands currentlyused as parking area,public access,utilities,and marina support structures.The Lease areaincludesa rock bulkhead,the public accessboardwalk, and small portionsof two buildings.There are water-dependent useswaterward of the bulkhead.For rentcalcidationpurposes,thebulkhead isnonwater- dependent landward of the high water mark.Only the footprintof the public accessboardwalk is eligibleforno feeuse. B.Proposed Facilities.No changes to thisbasic infrastructureare proposed under thisLease. 2.ADDITIONAL OBLIGATIONS A.Upland Operations (historicallyfilledtideland).The currentoperationsand maintenance of the parking area,vegetatedbuffers,and boardwalk structureare to be conducted using best professionaljudgment.The Portwillconduct reasonable maintenance to avoid excessiveoilstainingon surfacesand to controlgarbage or wind-blown debris.Specificattentionistobe paid to water qualityresultingfrom refinishingsurfaces.No contaminatesareto enterthe receivingwaters as a result of operationsor maintenance.Stormwater runoff is tobe conveyed viaa permitted municipal stormwater system.SpecificBest Management Practices (BMPs)can be found inthe most recentversion of the Washington State Department of Ecology Stormwater Management Manual for Western Washington. B.Major Repair and Reconstruction. (1)Bulkhead.Any major repairs tothe rock bulkhead requiringa shoreline permit and/or involvingmore than ten (10)cubic yards of materialmust be approved by the Statein writingpriorto construction.Emergency repairs may be conducted with verbal approval of the State.Any reconfiguration of the bulkhead willbe reviewed by the Statein regard to biologicaland environmental impacts and must be approved in writing. (2)Boardwalk.Any major repairstotheboardwalk structuremust be approved in writingby the State.The Statemay requirematerialsand design modificationsto avoid or reduce impacts to water qualityor to reduce shading impacts.Treated wood may not be used inareasin direct contactwith marine waters. PortofBremerton Page 33 of33 AquaticLandsLeaseNo.22-802235 West End PortOrchard Page 129 of 263 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 7F Meeting Date: December 20, 2022 Subject: Adoption of a Resolution Approving a Contract Prepared by: Tony Lang with All Around Fence Company for the Bay Public Works Director Street Pedestrian Pathway Repairs Atty Routing No.: 366922-0009 – PW Atty Review Date: December 12, 2022 Summary: A portion of the City’s Bay Street Pedestrian Pathway and infrastructure was damaged due to a bus collision that occurred on July 6, 2022. In response to this incident and by this Resolution, the City Council would authorize the Mayor to execute a contract with All Around Fence Company for the Bay Street Pedestrian Pathway Repairs (the “Project”). To select this consultant, on October 18, 2022, Public Works staff established a list of qualified contractors from the 2022 MRSC Small Works Roster for the Main Category – Concrete and Masonry, Marine Construction, Site Improvement, Repair and Maintenance and Sub Category – Concrete Cutting and Sacking, Concrete Flatwork, Breakwall/Seawall/Breakwater Construction, Repair, and Maintenance, Fencing and Gates. Pursuant to the City’s Procurement Policies adopted by Resolution No. 036- 22, as amended (see Section 5 – Bid Procedures), the Public Works Department issued an email Invitation to Bid on October 18, 2022 for the Project to all Contractors on the Roster. As of the November 8, 2022, 12:00pm deadline no bids were received. Pursuant to RCW 35.23.352(1), City staff then reached out directly by phone to four (4) qualified contractors, soliciting proposals for the associated repairs. All four contractors submitted proposals, and All Around Fence Company was deemed the presumed responsive and qualified low bidder from the proposals received. The bids received were as follows: Name of Contractor Bid Total All Around Fence Company, Inc $18,491.93 Chinook Contractors $22,925.00 Pacific General Builders, LLC $60,130.68 Tikar Services, LLC $31,407.56 On December 6, 2022, the City’s Public Works Department Staff completed the MRSC Mandatory Bidder Responsibility Checklist and determined that the All Around Fence Company bid of $18,491.93 (applicable tax included) was the lowest 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. 107-22, authorizing the Mayor to execute Contract No. C116-22-22 with All Around Fence Company for the Bay Street Pedestrian Pathway Repairs in the amount of $18,491.93. Relationship to Comprehensive Plan: Chapter 8 - Transportation Page 130 of 263 Staff Report 7F Page 2 of 2 Motion for Consideration: I move to adopt Resolution No. 107-22, authorizing the Mayor to execute Contract No. C116-22 with All Around Fence Company for the Bay Street Pedestrian Pathway Repairs in the amount of $18,491.93. Fiscal Impact: The cost of the repairs will be reimbursed through Insurance. Alternatives: Do not approve and provide further guidance. Attachments: Resolution No. 107-22 Small Works Contract No. C116-22 Page 131 of 263 RESOLUTION NO. 107-22 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING SMALL WORKS CONTRACT NO. C116-22 WITH ALL AROUND FENCE COMPANY FOR THE BAY STREET PEDESTRIAN PATHWAY REPAIRS AND DOCUMENTING THE SMALL PUBLIC WORKS ROSTER PROCUREMENT PROCEDURES. WHEREAS, the City identified the need for repairs to a portion of the City’s Bay Street Pedestrian Pathway that was recently damaged, referred to as the Bay Street Pedestrian Pathway Repairs project (the “Project”); and WHEREAS, as performed annually since 2013, the Municipal Research and Services Center of Washington (MRSC) solicited on behalf of participating local government agencies within Washington State (including the City of Port Orchard), for the 2022 MRSC Small Public Works Roster for small public works projects, like this Project; and WHEREAS, on October 18, 2022, pursuant to RCW 39.04.155, the City’s Public Works Department established a list of qualified contractors for this Project from the 2022 MRSC Small Works Roster (see Exhibit A attached) for the Main Category – Concrete and Masonry, Marine Construction, Site Improvement, Repair and Maintenance and Sub Category – Concrete Cutting and Sacking, Concrete Flatwork, Breakwall/Seawall/Breakwater Construction, Repair, and Maintenance, Fencing and Gates; and WHEREAS, on October 18, 2022, and pursuant to the City’s Procurement Policies adopted by Resolution No. 036-22, as amended (Section 5.0 Bid Procedures), the City’s Public Works Department issued an email Invitation to Bid for Bay Street Pedestrian Pathway Repairs to all MRSC Small Works Roster Contractors on the list; and WHEREAS, by the November 8, 2022, 12:00 pm deadline no bids were received, City Staff then reached out directly by phone to four (4) qualified contractors on the roster and all four submitted a responsive bid with All Around Fence Company providing the lowest qualified Proposal for the Project; and WHEREAS, on December 6, 2022, the City’s Public Works Department completed the MRSC Mandatory Bidder Responsibility Checklist on All Around Fence Company and confirmed the company was qualified, responsive and responsible; 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, Page 132 of 263 Resolution No. 107-22 Page 2 of 2 THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to execute Contract No. C116-22 with All Around Fence Company for the Bay Street Pedestrian Pathway Repairs. 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 20th day of December 2022. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Wallace, MMC, City Clerk Page 133 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 CITY OF PORT ORCHARD SMALL WORKS 35K AND UNDER CONSTRUCTION CONTRACT NO. 116-22 PUBLIC WORKS PROJECT NO. PW2022-020 THIS AGREEMENT is made effective as of the 20th day of December 2022, by and between CITY OF PORT ORCHARD, WASHINGTON, (“CITY”), a Washington municipal corporation located at: 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and All Around Fence Company, (“CONTRACTOR”), a Washington corporation located at: 13602 Pacific Ave S Tacoma, WA 98444-4744 Contact: Nicole Jacintho Phone: 253-863-4895 Email: allaroundfence@allaroundfencewa.com for the following Project: Bay Street Pedestrian Pathway Repairs (“PROJECT”) In consideration of the mutual benefits to both parties, both Parties agree to the following: AGREEMENT: 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” and/or “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; Page 1 of 50Page 134 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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; 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; and k. The bid proposal submitted by the Contractor, except when inconsistent with Contract Documents a-j. l. IF A GRANT APPLIES TO THIS AGREEMENT, THE GRANT AGREEMENT BETWEEN THE CITY AND THE FUNDING AGENCY SHOULD 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 December 20th, 2022. The Contractor shall substantially complete the Work not later than March 31st, 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. Page 2 of 50Page 135 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 4. Subject to additions and deductions by change order, the construction maximum payment is the base bid amount of $18,491.93 (applicable sales tax included) (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. 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, and agents. 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 Page 3 of 50Page 136 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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. 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 above 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 Page 4 of 50Page 137 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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 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. Page 5 of 50Page 138 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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, 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. Page 6 of 50Page 139 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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 CONTRACTOR ____________________________ ____________________________ Robert Putaansuu, Mayor By: Its: ATTEST/AUTHENTICATE: ______________________________ Brandy Wallace, MMC, City Clerk APPROVED AS TO FORM: ______________________________ Charlotte A. Archer, City Attorney Page 7 of 50Page 140 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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 ____________ ) ) ss County of __________ ) _____________________________________, (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is _____________________________ (Corporate Title) of ______________________________ (Name of Corporation) Subscribed and sworn to before me this _______ day of _____________, 20______ ______________________________ Notary Public (Signature) ______________________________ Notary Public (Print) My commission expires____________ Page 8 of 50Page 141 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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 ensure 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 Page 9 of 50Page 142 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. PREVAILING WAGES: The Contractor shall pay prevailing wages as required and shall comply with Chapters 39.12 and 49.28 RCW. Prior to beginning work under this Contract, the Contractor shall submit -- on behalf of itself and each and every Sub-Contractor – a "Statement of Intent to Pay Prevailing Wages," which must be approved by the Department of Labor and Industries (See link below.) Following the final acceptance of the project, the Contractor must submit -- on behalf of itself and every Sub-Contractor -- an "Affidavit of Wages Paid" for final payment. Final payments shall be made in accordance with the requirements of Chapter 39.12 RCW. Refer to http://www.lni.wa.gov/TradesLicensing/PrevWage/WageRates/default.asp for Washington State Prevailing Wage rates. 6. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled “Insurance Requirements.” 7. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only. 8. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 9. TAXES: Proposals shall include all applicable taxes except sales tax, which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 10. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. 11. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 12. CONTRACT: The Contract, 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 Page 10 of 50Page 143 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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. 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. Page 11 of 50Page 144 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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; 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 Page 12 of 50Page 145 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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), 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 Page 13 of 50Page 146 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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. 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; Page 14 of 50Page 147 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 (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. Page 15 of 50Page 148 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 CITY OF PORT ORCHARD INSURANCE REQUIREMENTS Insurance Term. The Contractor shall procure and maintain for the duration of the Contract with the City, insurance as described herein, without interruption from commencement of the Contractor’s work through the term of the contract and for thirty (30) days after the physical completion date, unless otherwise indicated herein. Such insurance shall be 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 and shall meet the requirements herein. No Limitation. The Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below: • Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. • Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse, or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage. • Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington. • Employers’ Liability coverage to include bodily injury, and bodily injury by disease. Employers Liability coverage may be included in the Contractor’s General Liability Coverage or as a stand-alone policy. Page 16 of 50Page 149 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 • 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 (or less) for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City. • 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. Page 17 of 50Page 150 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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 Contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain or be endorsed to contain that they shall be primary insurance as respects the City. 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, including but not limited to the Contractor’s employee-owned tools, machinery, equipment, or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers, or contractors as well as any temporary structures, scaffolding and protective fences. Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub-subcontractors, agents, and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor’s insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor’s insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms, and endorsements related to this project. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor-provided insurance as set forth herein (with the exception of Builders Risk insurance. The Contractor shall ensure that Page 18 of 50Page 151 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 the Public Entity is an additional insured on each and every Subcontractor’s Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. Notice of Cancellation. The Contractor’s insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed, or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City. Page 19 of 50Page 152 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE AND PAYMENT 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, where applicable, 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 and payment bond in the amount of the total contract sum. An executed performance and payment bond on the required form is included with the executed contract documents. ________(2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010. In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time Page 20 of 50Page 153 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations. __________________________________ Contractor Signature, Date____________ Bond No.___________________________ Page 21 of 50Page 154 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 PERFORMANCE AND PAYMENT BOND CITY OF PORT ORCHARD Bay Street Pedestrian Pathway Repairs CONTRACT NO. 116-22 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 BAY STREET PEDESTRIAN PATHWAY REPAIRS Contract No. C116-22 (“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: Page 22 of 50Page 155 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 • Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract; or • Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work. The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond. Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney’s fees, whether or not suit is commenced, in addition to the penal sum. No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety’s obligation on the Performance Bond. Surety hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%). If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety. This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington. IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this _______ day of _________________, 20 ___. __________________________________ Principal __________________________________ Surety __________________________________ Signature of Authorized Official __________________________________ Signature of Authorized Official By___________________________________ By__________________________________ Printed Name and Title Attorney in Fact (Attach Power of Attorney) Name and address of local office of Agent and/or Surety Company: __________________________________ __________________________________ __________________________________ 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. Page 23 of 50Page 156 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 ACKNOWLEDGEMENT Corporation, Partnership, or Individual STATE OF ) )ss. COUNTY OF ) On this _____ day of____________, 20____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared________________________, to me known to be the (check one of the following boxes): _______________________ of __________________________________, the corporation, _______________________ of __________________________________, the partnership, individual, that executed the foregoing instrument to be the free and voluntary act and deed of said corporation, partnership, individual for the uses and purposes therein mentioned, and on oath stated that he she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at My Commission expires: Notary Seal with Ink Stamp Page 24 of 50Page 157 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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. __________________________________________ Print or type name NOTARY PUBLIC, in and for the State of Washington Residing at:____________________________________ My Commission expires: _______________________ Notary Seal with Ink Stamp Page 25 of 50Page 158 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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 #, PW2022-020 CONTRACT # C116-22 SURETY BOND #: DATE POSTED: EXPIRATION DATE: RE: Project Name: BAY STREET PEDESTRIAN PATHWAY REPAIRS Owner/Developer/Contractor : Project Address: KNOW ALL PERSONS BY THESE PRESENTS: That we, (hereinafter called the "Principal"), and , a corporation organized under the laws of the State of , and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of dollars ($ ) 20% 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: Page 26 of 50Page 159 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 A. The work or improvements installed by the Principal and subject to the terms and conditions of this Bond are as follows: (insert complete description of work here) B. The Principal and Surety agree that the work and improvements installed in the above- referenced project shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twenty-four (24) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twenty-four (24) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. 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: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection D(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs which exceeded the City estimate, limited to the bond amount. Page 27 of 50Page 160 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 2. In the event the Principal fails to make repairs or provide maintenance within the time period requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements. 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__. Page 28 of 50Page 161 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 SURETY COMPANY DEVELOPER/OWNER (Signature must be notarized) (Signature must be notarized) By: By Its Its Business Name: Business Name: Business Address: Business Address: City/State/Zip Code: City/State/Zip Code: Telephone Number: Telephone Number: CITY OF PORT ORCHARD By: Date: _________________________ Its: Public Works Director/City Engineer CHECK FOR ATTACHED NOTARY SIGNATURE ____ Individual (Form P-1) ____ Corporation (Form P-2) ____ Surety Company (Form P-2) Page 29 of 50Page 162 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 FORM P-1 / NOTARY BLOCK (Use For Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: _______________ Page 30 of 50Page 163 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 FORM P-2 / NOTARY BLOCK (Use For Partnership or Corporation Only) (Developer/Owner) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: ______________________________ ___________________________________ ___________________________________ (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________ My Commission expires: _____________ Page 31 of 50Page 164 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 (Surety Company) STATE OF WASHINGTON ) ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged as the _________________________________ of _________________________________that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: _____________________________ ___________________________________ ____________________________________ (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: _________________________________ My Commission expires: ______________ Page 32 of 50Page 165 of 263 City of Port Orchard and All Around Fence Company Rev. IBDR 4-2022 BAY STREET PEDESTRIAN PATHWAY REPAIRS Public Works Project No. PW2022-020 Small Works Contract No. 116-22 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); and • 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). Page 33 of 50Page 166 of 263 SC H ED U LE O F C ON TR A CT PR IC ES Bay Street Pedestrian Pathw ay R epairs N O T E: If a discrepancy between the numerical unit price and the written (words) unit price is found, the written (words) unit price shall control. Item Estim ated SP / D escriptio n o f Item U n it A m o unt N o . Q uantity ST D Pric e B ase B id -1 '11rnpsum STD Mobilization ~ LS $ (Words) (1-09) Per LJ IIIP SU ::: - STD Minor Changes CALC $ 3000 (Words) (1-04) 3 96 LF SP Repair Galvanized Pedestrian Rail f.l(.J "° % $ :fl/'-/iR. $ Ftvt Tl~~of'cvg_ L"-'111rJ1u1> i(atlyscx· tr' (Words) (6-20) Per Linear Foot Additional Galvanized Vertical 4 1 EA SP Post t/'Z. $ Fov rt l+v~Q1t~O Twtw"C{ it%,o - EA $ ~W- (Words) (6-20) Per Each 5 18 EA SP Adjustable Cable Ends '7 1 /J. 7t .-- 530. $ f:rvf {:h.!.1lOIZ ,:,o '"'{Ttflt:'X.. 'l'U.11 1/J ;~" EA $ (Words) (6-20) Per Each Repair Concrete Foundation 6 17 EA SP Anchor Points zt, $ 7 '-/ £0. -Z. I $ 5~w ~lfwt:J £r:t.HTy ~f i:,.;> .-EA (Words) (6-20) Per Each 7 68 EA SP Anchor Bolts at Bases $ ~a f(vµ1d/Utd 71/J;Jr.ry .J~ :;~ EA $ /17, 16 (Words) (6-20) Per Each Replace Damaged Chain Link Type 8 80 LF STD 3 Fence $ fclJ'fl. Tlh v.JJ,f-wf_ ff.cJ£W~.£.l.ll/l,w ~u1111tJ ~ol.F $ l/1.('7 7, "L l (Words) (8-12) Per Linear Foot Page 6 of 61 Page 34 of 50Page 167 of 263 It e m E s t i m a t e d S P / N o . Q u a n t it y S T D D e s c r i p t io n o f It e m U n it P r ic e A m o u n t T O T A L B I D $ /8,. '/Ct/. qJ SALES TAX In acco rdance with Section 1-07.2(1) State Sales Tax (DOR rule 171): Work performed on City, County, or Federally owned land, the Contractor shall include Washington State retail sales taxes in the various unit bid prices or other amounts. These retail sales taxes shall include those the Contractor pays on purchases of materials, equipment, and supplies used or consumed in doing the work. Page 7 of 61 Page 35 of 50Page 168 of 263 Plans and Specifications Page 36 of 50Page 169 of 263 Page 37 of 50Page 170 of 263 Page 38 of 50Page 171 of 263 Page 39 of 50Page 172 of 263 Page 40 of 50Page 173 of 263 Bay St Pathway Repairs Scope of Work: • Replace/Repair galvanized pedestrian rail and associated cabling in kind (96 LF) • Repair concrete wall anchor points with high-performance repair mortar (17 locations) • Remove and replace damaged chain link fence, posts and post bases (80 LF, 7 posts and bases) • Replace light pole- PSE will replace (Not part of this contract) 6-20 Bay St Pathway Repairs 6-20.1 Description: This contract provides for the repair of the galvanized pedestrian rail, addition of a vertical galvanized post, concrete repair at the railing anchor points; demo and replacement of chain link fencing, posts and post bases for the City of Port Orchard Bay Steet Pathway. Repairs are to be made at the locations shown in the attached photos and drawings. Galvanized Rail- ASTM A513 Repair in place damaged galvanized railing. Horizontal cables can be loosened/removed if needed to repair the railing. Bent top railing needs to be replaced at one location, broken welds at vertical post replaced. Add vertical post within 3” of repaired vertical post, install new cable ends between posts. Tension the horizontal cabling. Repairs to all new welds and locations with damage to the galvanization needs to conform to ASTM A 780. Provide new anchor bolts at bases to match existing or set in epoxy (submit for approval). Concrete Repair- ASTM C928 Remove existing concrete mechanically to expose 2” in all directions around top horizontal rebars. Corrosion protection must be placed on the exposed rebar prior to repairs. Repair concrete with high strength vertical and overhead repair mortar (Sika Repair SHB or Equal). Chain Link Fence Repair- Standard Specification section 8-12 (per LF) Remove and discard damaged chain link, posts and bases. Replace posts, post bases, and vinyl chain link to match existing. Light Pole Replacement- PSE owns and maintains the overhead pedestrian pathway lighting. The pole/luminaire replacement is not part of this contract. 6-20.2 Materials: Railing- 1 ½” galvanized square tubing for the railing and vertical posts. Anchors for post base- SS Titan anchors or submit for epoxy anchors. Cable End Connectors- Stainless steel and adjustable cable ends to match existing. Concrete Repair- Sika Repair SHB or Equal. Corrosion Protection- Sika Corrosion Protection 110 or Equal. Chain Link Fence- Standard Specification section 8-12 for details. Page 41 of 50Page 174 of 263 If existing materials are no longer permitted or available for in kind replacement substitutions can be approved at the sole discretion of the City. 6-20.4 Construction Requirements: All work is to be performed in accordance with the current WSDOT Standard Specifications for Road, Bridge and Municipal Construction and the product manufacturer recommendations. 6-20.5 Payment: The unit prices shall include all material, equipment, and labor costs for the repairs at the locations shown in the Plans and described in the Special Provisions. Removal of the chain link and disposal is included in the bid items. Any additional repairs to the Bay Street Pedestrian Pathway Repair will be paid in accordance with Section 1-09.6 of the Special Provisions using the bid item “Force Account for Structural Repairs”. Page 42 of 50Page 175 of 263 Page 43 of 50Page 176 of 263 Page 44 of 50Page 177 of 263 Page 45 of 50Page 178 of 263 Page 46 of 50Page 179 of 263 Page 47 of 50Page 180 of 263 Designation: A 780 – 01 Standard Practice for Repair of Damaged and Uncoated Areas of Hot-Dip Galvanized Coatings 1 This standard is issued under the fixed designation A 780; the number immediately following the designation indicates the year of original adoption or, in the case of revision, the year of last revision. A number in parentheses indicates the year of last reapproval. A superscript epsilon (e) indicates an editorial change since the last revision or reapproval. This standard has been approved for use by agencies of the Department of Defense. 1. Scope 1.1 This practice describes methods which may be used to repair damaged hot-dip galvanized coatings on hardware, structural shapes, and other products fabricated prior to hot-dip galvanizing, and uncoated areas remaining after initial hot-dip galvanizing. The damage may be the result of welding or cutting (flame), in which case the coating will be damaged predominantly by burning. This practice can also be used to repair hot-dip galvanized coatings damaged by excessively rough handling during shipping or erection. Requirements concerning the renovation of uncoated areas remaining after initial hot-dip galvanizing are contained within the applicable material specification. 1.2 This practice describes the use of low melting point zinc alloy repair rods or powders made specifically for this purpose, the use of paints containing zinc dust, and the use of sprayed zinc (metallizing). 1.3 The extent of repair shall be limited to an area mutually agreeable to the contracting parties. Similarly, contracting parties shall agree to the repair method to be used. 1.4 This standard does not purport to address the safety problems, if any, associated with its use. It is the responsibility of the user of this standard to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use. 1.5 The values stated in inch-pound units are to be regarded as the standard. The values given in parentheses are for information only. 2. Referenced Documents 2.1 ASTM Standards: A 902 Terminology Relating to Metallic Coated Steel Prod- ucts2 D 520 Specification for Zinc Dust Pigment 3 2.2 Society for Protective Coatings (SSPC) Documents: SSPC-PA2 Measurement of Dry Paint Thickness with Mag- netic Gages 4 SSPC-SP2 Hand Tool Cleaning 4 SSPC-SP5/NACE No.1 White Metal Blast Cleaning 4 SSPC-SP10/NACE No.2 Near-White Blast Cleaning 4 SSPC-SP11 Power Tool Cleaning to Bare Metal 4 3. Terminology 3.1 Definitions—For definitions of terms used in this practice, refer to Terminology A 902. 4. Materials 4.1 Properties—The material used for repairs shall have the following characteristics: 4.1.1 One application of the material shall provide a coating thickness of at least 2.0 mils (50.8 µm). 4.1.2 The applied coating shall provide barrier protection and shall preferably be anodic to steel. 4.1.3 Application of the coating material shall be possible under shop or field conditions. 4.2 Types—There are three types of material that possess the required properties and may be used to repair damaged galvanized coatings, as follows: 4.2.1 Zinc-Based Solders—Zinc alloy solders are to be used for repairs. The most common types of solders are zinc- cadmium, zinc-tin-lead, and zinc-tin-copper alloys. Zinc- cadmium and zinc-tin-lead alloys have liquidus temperatures in the ranges from 518 to 527°F (270 to 275°C) and 446 to 500°F (230 to 260°C), respectively. (The liquidus temperature is that temperature above which an alloy is completely molten.) The zinc-tin-copper alloys have a liquidus temperature in the range from 660 to 670°F (349 to 354°C), but they are applied while in a semisolid state in the preferred application temperature range from 480 to 570°F (250 to 300°C). The solders can be used in rod form or as powders. Annex A1 describes the use of zinc-based solders. 4.2.2 Paints Containing Zinc Dust—These are usually based on organic binders, pre-mixed and formulated specifi- cally for use on steel surfaces. Paints containing zinc dust, with concentrations of zinc dust in the range of 65 to 69 % or above 1 This practice is under the jurisdiction of ASTM Committee A05 on Metallic Coated Iron and Steel Products and is the direct responsibility of Subcommittee A05.13 on Structural Shapes and Hardware Specifications. Current edition approved April 10, 2001. Published June 2001. Originally published as A 780 – 80. Last previous edition A 780 – 00. 2 Annual Book of ASTM Standards, Vol 01.06. 3 Annual Book of ASTM Standards, Vol 06.03. 4 Available from Steel Structures Painting Council, 4400 Fifth Ave., Pittsburgh, PA 15213. 1 Copyright © ASTM, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959, United States. Page 48 of 50Page 181 of 263 92 % in the dried film, are considered equally effective for the repair of damaged galvanized coatings. The repair paint to be used shall be selected by the galvanizer, unless the purchaser specifies a particular concentration or paint system. Corrosion resistance and service performance are very dependent on the properties of the paint system, the extent of surface prepara- tion, and skills of individual applicators. Annex A2 describes the use of paints containing zinc dust. Specification D 520 describes the zinc dust component of these paints. 4.2.3 Sprayed Zinc—This method involves the application of a zinc coating by spraying the surface to be repaired with droplets of molten metal using wire or ribbon, or powder processes. Annex A3 describes the use of sprayed zinc. 4.3 For further information, reference may be made to the papers, procedures, and specifications in Refs.(1)through (4) (see list of references at the end of this practice). 5. Keywords 5.1 coatings—zinc; galvanized coating repair; galvanized coatings; touch-up; zinc coating repair; zinc coatings ANNEXES (Mandatory Information) A1. REPAIR USING ZINC-BASED ALLOYS A1.1 Clean the surface to be reconditioned using a wire brush, a light grinding action, or mild blasting. To ensure that a smooth reconditioned coating can be effected, surface prepa- ration shall extend into the surrounding, undamaged galva- nized coating. A1.2 If the area to be reconditioned includes welds, first remove all weld flux residue and weld spatter (of a size that cannot be removed by wire brushing or blast cleaning) by mechanical means, such as chipping, grinding, or power scaling, etc. A1.3 Preheat the cleaned area to be reconditioned to at least 600°F (315°C). Do not overheat the surface beyond 750°F (400°C), nor allow the surrounding galvanized coating to be burned. Wire brush the surface to be reconditioned during preheating. Pre-flux, if necessary. A1.4 Rub the cleaned, preheated area with the repair stick to deposit an evenly distributed layer of the zinc alloy. When powdered zinc alloys are used, sprinkle the powder on the cleaned, preheated surface and spread out with a spatula or similar tool. The thickness of the applied coating shall be as agreed upon between the contracting parties. A1.5 When the repair has been effected, remove flux residue by rinsing with water or wiping with a damp cloth. A1.6 Take thickness measurements with either a magnetic, electromagnetic, or eddy-current gage to ensure that the applied coating is as specified. A2. REPAIR USING PAINTS CONTAINING ZINC DUST A2.1 Preparation of the damaged surface will be influenced by the type of paint selected and the anticipated service conditions. Experience shows that in general, organic zinc-rich systems are tolerant of marginal surface preparation. Most organic paints containing zinc dust are not critical of climatic or atmospheric conditions for curing. The following general guidelines shall apply: A2.1.1 Surfaces to be reconditioned with paints containing zinc dust shall be clean, dry, and free of oil, grease, preexisting paint, and corrosion by-products. A2.1.2 Where anticipated, field service conditions include immersion, blast clean the surface in accordance with SSPC- SP10/NACE No. 2 near white metal. For less critical field exposure conditions, clean the surface to bare metal, in accordance with SSPC-SP11, as a minimum. Where circum- stances do not allow blast or power tool cleaning, it is permissible to hand tool areas clean in accordance with SSPC-SP2. To ensure that a smooth reconditioned coating can be effected, surface preparation shall extend into the undam- aged galvanized coating. The method and extent of surface preparation shall be mutually agreeable to the contracting parties. A2.1.3 If the area to be reconditioned includes welds, first remove all weld flux residue and weld spatter (of a size that cannot be removed by wire brushing or blast cleaning) by mechanical means, such as chipping, grinding, or power scaling, etc. A2.1.4 Spray or brush-apply the paints containing zinc dust to the prepared area. Apply the paint as in accordance with the manufacturer’s printed instructions in a single application employing multiple passes to achieve a dry film thickness to be agreed upon between the contracting parties. Allow adequate curing time before subjecting repaired items to service condi- tions in accordance with the manufacturer’s printed instruc- tions. A2.1.5 Take thickness measurements with either a mag- netic, electromagnetic, or eddy-current gage to ensure that the applied coating is as specified in accordance with SSPC-PA2. A 780 2 Page 49 of 50Page 182 of 263 A3. REPAIR USING SPRAYED ZINC (METALLIZING) A3.1 Surfaces to be reconditioned by zinc metallizing shall be clean, dry and free of oil, grease, and corrosion products. A3.2 If the area to be reconditioned includes welds, first remove all flux residue and weld spatter of a size or type that cannot be removed by blast cleaning by mechanical means, that is, chipping, etc. A3.3 Blast clean the surface to be reconditioned in accor- dance with SSPC-SP5/NACE No. 1, white metal. A3.4 To ensure that a smooth reconditioned coating can be effected, surface preparation shall be extended into the sur- rounding undamaged galvanized coating. A3.5 Apply the coating to the clean and dry surface by means of metal-spraying pistols fed with either zinc wire or zinc powder. Apply the sprayed coating as soon as possible after surface preparation and before visible deterioration of the surface has occurred. A3.6 The surface of the sprayed coating shall be of uniform texture, free of lumps, coarse areas, and loosely adherent particles. A3.7 The nominal thickness of the sprayed zinc coating shall be previously agreed upon between the contracting parties. A3.8 Take thickness measurements with either a magnetic, electromagnetic, or eddy-current gage to ensure that the applied coating is as specified. REFERENCES (1) Van Eijnsbergen, J. F. H., et al, “Reconditioning Damaged Galvanized Surfaces,’’ 6th International Conference on Hot Dip Galvanizing, Interlaken, June 1961, pp. 128–141. (2) SSPC-Paint-20,“ Zinc Rich Coatings, Type I Inorganic, Type II Organic,’’ Steel Structures Painting Council, 4400 Fifth Ave., Pitts- burgh, PA 15213, 1979. (3) MIL-P-21035 (Ships), Military Specification,“ Paint, High Zinc Dust Content, Galvanizing Repair,’’ Amendment 1, U.S. Government Printing Office, Washington, DC, 1970. (4) “Recommended Practices for Fused Thermal Sprayed Deposits,’’ American Welding Society, Inc., 550 N.W. LeJeune Rd., Miami, FL 33135, 1975. The American Society for Testing and Materials takes no position respecting the validity of any patent rights asserted in connection with any item mentioned in this standard. Users of this standard are expressly advised that determination of the validity of any such patent rights, and the risk of infringement of such rights, are entirely their own responsibility. This standard is subject to revision at any time by the responsible technical committee and must be reviewed every five years and if not revised, either reapproved or withdrawn. Your comments are invited either for revision of this standard or for additional standards and should be addressed to ASTM Headquarters. Your comments will receive careful consideration at a meeting of the responsible technical committee, which you may attend. If you feel that your comments have not received a fair hearing you should make your views known to the ASTM Committee on Standards, at the address shown below. This standard is copyrighted byASTM, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA19428-2959, United States. Individual reprints (single or multiple copies) of this standard may be obtained by contacting ASTM at the above address or at 610-832-9585 (phone), 610-832-9555 (fax), or service@astm.org (e-mail); or through the ASTM website (www.astm.org). A 780 3 Page 50 of 50Page 183 of 263 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 7G Meeting Date: December 20, 2022 Subject: Approval of a Commercial Lease Agreement Prepared by: Charlotte Archer with Hillstrom Holdings for Commercial City Attorney Office Space of 600 Kitsap Street Units 101 Atty Routing No.: 366922-0004 – Exec and 201 Atty Review Date: December 16, 2022 Summary: The City of Port Orchard staff require additional office space. The administrative department has identified the Greenwood Building located on 600 Kitsap Street Port Orchard as an ideal location to lease commercial office space. The lease is for the 1st and 2nd floor office space and includes some four off street parking spaces for each floor leased. The City shall not be responsible for any Operating Costs, including, without limitation, real property tax assessments, Landlord’s property insurance, storm water, water, sanitary sewer, garbage disposal, janitorial services, restroom supplies, or maintenance, repairs or replacements of all or any portion of the Property or the Common Areas; provided. The City will pay for its electricity costs for the Premises, which electricity costs are metered. The lease is structured to be for 36 month’s beginning January 1, 2023 at a monthly rate of $3,600 for the two spaces combined. The estimated lease costs are included in the 2023-2024 Biennial Budget and expected to cost $86,400 over the two years. Recommendation: Staff recommends approving the Mayor to sign the attached purchase order. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to authorize the Mayor to enter into an agreement with Hillstrom Holdings to lease commercial office space, as presented.” Fiscal Impact: Included in the 2023-2024 Biennial Budget $86,400 Alternatives: Do not approve and provide alternative guidance. Attachment: Lease Agreements (Unit 101 and Unit 201) Page 184 of 263 Page 185 of 263 Page 186 of 263 Page 187 of 263 Page 188 of 263 Page 189 of 263 Page 190 of 263 Page 191 of 263 Page 192 of 263 Page 193 of 263 Page 194 of 263 Page 195 of 263 Page 196 of 263 Page 197 of 263 Page 198 of 263 Page 199 of 263 Page 200 of 263 Page 201 of 263 Page 202 of 263 Page 203 of 263 Page 204 of 263 Page 205 of 263 Page 206 of 263 Page 207 of 263 Page 208 of 263 Page 209 of 263 Page 210 of 263 Page 211 of 263 Page 212 of 263 Page 213 of 263 Page 214 of 263 Page 215 of 263 Page 216 of 263 Page 217 of 263 Page 218 of 263 Page 219 of 263 Page 220 of 263 Page 221 of 263 Page 222 of 263 Page 223 of 263 Page 224 of 263 Page 225 of 263 Page 226 of 263 Page 227 of 263 Page 228 of 263 Page 229 of 263 Page 230 of 263 Page 231 of 263 Page 232 of 263 Page 233 of 263 Page 234 of 263 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 7H Meeting Date: December 20, 2022 Subject: Approval of Amendment No. 1 to Prepared by: Brandy Wallace, MMC Contract No. 015-20 with Inslee, Best, City Clerk Doezie & Ryder, P.S. for City Attorney Atty Routing No.: N/A Services Atty Review Date: N/A Summary: The City and law firm Inslee Best Doezie & Ryder, PS, entered into an Agreement for legal services, Contract No. C015-20, in December 2019, with a contract expiration date of December 31, 2022, with automatic one-year renewals. The City desires to continue to utilize the services of the firm for legal services. In early 2020, attorney Jennifer Robertson, formerly of Northwest Urban Law, PLLC, joined the firm and prior to joining, maintained a separate Agreement with the City, Contract No. 052-18, dated June 26, 2018, for legal services. Since joining the firm, Attorney Robertson has continued to provide legal services to the City as a team member, pursuant to the terms of Contract No. 052-18. The City and firm have negotiated the Amendment to incorporate Attorney Robertson as a member of the Firm subject to the terms of the Underlying Agreement, thereby terminating Contract No. 052-18, and as the firm’s rates for service have remained unchanged since December 2019, the City and Firm have negotiated updated rates for service for the extended term Recommendation: Staff recommends approving amendment No. 1 with Inslee, Best, Doezie & Ryder, P.S for city attorney services. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to approve amendment No. 1 with Inslee, Best, Doezie & Ryder, P.S for city attorney services. Fiscal Impact: Consistent with the City’s 2023-2024 biennial budget. Alternatives: N/A Attachments: Contract No. 015-20 and Amendment No. 1. Page 235 of 263 AMENDMENT NO. 1 to CITY OF PORT ORCHARD AGREEMENT FOR LEGAL SERVICES This Amendment No. 1 (“Amendment”) to Contract No. C015-20 for City Attorney/Legal Services is entered into between the City of Port Orchard (“City”) and the law firm Inslee Best Doezie & Ryder, PS (“Firm”). The City and Firm are each a “Party” and collectively the “Parties” to this Amendment. RECITALS: WHEREAS, the City and Firm entered into an Agreement for Legal Services, Contract No. C015-20, in December 2019 (the “Underlying Agreement”), with a contract expiration date of December 31, 2022, with automatic one-year renewals; and WHEREAS, the City desires to continue to utilize the services of the Firm for legal services; and WHEREAS, in early 2020, attorney Jennifer Robertson, formerly of Northwest Urban Law, PLLC, joined the Firm and prior to joining the Firm, Attorney Robertson maintained a separate Agreement with the City, Contract No. 052-18, dated June 26, 2018, for legal services; and WHEREAS, since joining the Firm, Attorney Robertson has continued to provide legal services to the City as a team member, pursuant to the terms of Contract No. 052-18; and WHEREAS, the City and Firm have negotiated the Amendment to incorporate Attorney Robertson as a member of the Firm subject to the terms of the Underlying Agreement, thereby terminating Contract No. 052-18; and WHEREAS, as the Firm’s rates for service have remained unchanged since December 2019, the City and Firm have negotiated updated rates for service for the extended term; and NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. Section 7, Term, of the Underlying Agreement is hereby amended to read as follows: This Agreement shall be in effect from January 1, 2020, through December 31, 2024, with automatic annual one-year renewals. Renewal beyond December 31, 2026 will require City Council reauthorization. The Firm may submit updated rates for each renewal year beginning on January 1, 2024, provided the rate increase shall not exceed the change in the consumer price index (CPI-U) for the Seattle-Tacoma-Bellevue. At any time during the term of this Agreement, either party may terminate this Agreement upon sixty (60) days written notice. 2. Section 5, Fees and Costs, of the Underlying Agreement is hereby amended to read as follows: Page 236 of 263 The legal services shall be billed at the hourly rates set forth on Exhibit A. The City shall reimburse the Firm for all out-of-pocket expenses incurred on the City's behalf, including but not limited to court fees, deposition costs, special mailing or courier, photocopying, long distance telephone, facsimile, travel expenses, bridge tolls, and computerized legal research outside of the Firm's base plan. The City will not reimburse for ferry fares. The Firm will not advance funds to pay third party costs (e.g., expert witness fees), and invoices for those costs will be forwarded to the City for payment. The Firm will not charge the City for travel time or mileage costs incurred for three (3) trips, per month, to and from City Hall, provided Attorney Robertson shall bill for travel time or mileage for trips to and from City Hall. Travel time and mileage costs for additional trips and/or trips to locations other than City Hall will be reimbursed at the hourly rates for the attorneys. 3. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 4. 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 No. 1 on the day and year set forth below (“Effective Date”). Dated this 20th day of December 2022. CITY OF PORT ORCHARD INSLEE BEST DOEZIE & RYDER, PS Robert Putaansuu, Mayor Charlotte Archer, Shareholder ATTEST Brandy Wallace, MMC, City Clerk Page 237 of 263 Exhibit A INSLEE, BEST, DOEZIE & RYDER, PS 2023 Attorney Billing Rates for Port Orchard* ATTORNEYS MUNICIPAL HOURLY RATES** Charlotte Archer $ 250 / $275 Curtis Chambers $ 250 / $275 Jennifer Robertson $ 275 Other municipal group partners (if added) $ 325 Municipal associates*** $ 230 Other firm partners 10% less than regular firm rates, rounded to next lowest $5 increment, adjusted annually Fees charged to other parties (i.e., developers, franchisees, etc.) Regular firm rates, adjusted annually The City will be charged at the $250 per our rate for the first forty (40) hours of work per month for work performed by Charlotte Archer and Curtis Chambers. Otherwise, the above rates will apply. *This Revised Exhibit A and the attorney rates set forth herein are subject to change on January 1, 2024, based on the mutual consent of the City and Firm. **Attorney rates for legal review of land use applications and permits that are reimbursed by developers to the City shall be at the attorneys’ rate identified in Ex. B entitled “Inslee Best 2023 Attorney Billing Rates - Exhibit B Agreement for Legal Services”. The attorney billing rates set forth in Ex. B may be revised annually by the mutual consent of the City and Firm. ***If a Firm Associate becomes a Partner in 2022 or 2023, then a Municipal Group Partner rate of $275 shall apply. Page 238 of 263 Exhibit B INSLEE, BEST, DOEZIE & RYDER, PS 2023 Regular Attorney Billing Rates ATTORNEY 2022 BILLING RATE Archer, Charlotte A. $370 Bersin, Richard A. $480 Brossard, Kay L. $470 Chambers, Curtis J. $370 Danysh, AnnaLisa C. $350 Findley, Dan G. $550 Frimodt, Eric C. $435 Henry, J. Todd $505 Jayawardhan, Shweta $280 Johnson, Anneliese E. $430 Larson, Rosemary A. $440 Lawyer, David J. $560 Leen, Mark S. $455 Linton, William A. $425 Ornstil, Phillip S. $385 Peterson, Kathryn Felice $425 Pirnke, Christopher W. $370 Reitan, Dawn F. $450 Robertson, Jennifer S. $450 Roth, Tyler J. $300 Shin, Dan N. $435 Ursich, Gregory L. $500 Weber, Katherine F. $460 Wiese, Brett N. $570 Wong, Juliana U. $425 Law Clerks $265 Corporate Paralegal $315 Estate Planning/Probate Paralegal $315 Estate Planning Drafting Paralegal $255 Family Law Paralegal $250 Trademark Paralegal $285 Page 239 of 263 CITY OF PORTORCIIARD PERSONAL SERVICES AGREEMENT FOR LEGAL SERVICES I. PARTIES This Agreement is made as of this lZthday of December2019 betweenthe City of Port Orchard ("City") and Inslee, Best, Doezie & Ryder, P.S. ("Firm"). CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And Inslee, Best, Doezie & Ryder, P.S., a corporation, organized under the laws of the State of Washington, doing business at: Inslee, Best, Doezie & Ryder, P.S. 10900 NE 4th Street Skyline Tower, Suite 1500 Bellevue, WA 98004 (hereinafter the "FIRL") Contact: Charlotte A. Archer Phone: 425.450.4209 Fax: 425.635.7720 The Firm shall perform legal services as provided in this Agreement under the supervision and direction of the Mayor or designee. Charlotte A. Archer will serve as the City Attorney and will direct the services of the Firm consistent with this Agreement. The Firm will not substitute other attorneys in providing services under this agreement without the permission of the City. III. QUALITY OF SERVICES The Firm shall perform all legal services in a capable and efFrcient manner, and in accordance with the professional standards of the Washington State Bar Association. IV. DESCRIPTION AI\D DELIVERY OF SERVICES At the request or with the concrurence of the Mayor or designee, the Firm shall perform civil legal services for the City, including but not limited to the following: (1) Review or draft City ordinances, contracts, resolutions, interlocal agreements and other legal documents; I II. SERVICBS PROVIDED Page 240 of 263 (2) Represent the City in lawsuits and contested administrative proceedings commenced by or against the City; (3) Consult with and advise the Mayor, City Council members, City staff members and City consultants regarding legal matters relating to their respective duties for the City; (4) Affend City Council meetings; and (5) Perform such other duties and services as are necessary and appropriate in order to provide the City with legal representation. (6) Office hours on the Tuesday of each City Council Meeting (2nd and 4th Tuesdays of the month), as needed. The City will provide workspace at City Hall for office hor,us. When requesting legal services, the City shall state the services and the response date. The Firm shall confirm receipt as soon as possible, with a goal of acknowledging the request for legal services within one (1) business day of receiving the request. The confirmation shall identiff the assigned attorney, an estimate of the response date, and the mutually agreed upon deliverable(s). The City may request the City Attomey to be available by cell phone, at times and in a manner agreed upon by the Mayor and the City Attomey. The panies acknowledge the Firm is subject to and bound by the Washington State Cotrt Rules: Rules of Professional Conduct (RPC"), including but not limited to RPC 1.7 Conflict of Interest: Current Clients. The Firm shall follow said RPCs, including but not limited to, client representation involving a concurrent conflict of interest as defined in RPC 1.7(a). V. FEES AND COSTS The legal services shall be billed at the hourly rates set forth on Exhibit a. The City shall reimburse the Firm for all out-of-pocket expenses incurred on the City's behalf, including but not limited to court fees, deposition costs, special mailing or courier, photocopying, long distance telephone, facsimile, travel expenses, bridge tolls, and computerized legal research outside of the Firm's base plan. The City will not reimburse for feny fares. The Firm will not advance funds to pay third party costs (e.9., expert witness fees), and invoices for those costs will be forwarded to the City for payment. The Firm will not charge the City for travel time or mileage costs incurred for three (3) trips, per month, to and from City Hall. Travel time and mileage costs for additional trips and/or frips to locations other than City Hall will be reimbursed at the hourly rates for the attorneys. \rI. PAYMENT TERMS; TIME RECORDS The Firm will bill the City monthly for services and out-of-pocket expenses. The monthly invoice will summarize the date and extent of legal seruices performed and the charge for such services and will itemize the expenses. Fees and costs are due in fulI from the City upon billing by the Firm. A service charge shall accrue at the rate of twelve percent (12%) per annum, but -2- Page 241 of 263 shall only be added to any balance remaining unpaid sixty (60) days after the invoice date. VII. TERM This Agreement shall be in effect from January l, 2020 through December 31,2022, with automatic annual one-year renewals. Renewal beyond six (6) years will require City Council reauthori zation. At any time during the term of this Agreement, either party may terminate this Agreement upon sixty (60) days written notice. VIII. INSURANCE The Firm shall procure and maintain for the duration of the Agreement, insruance against claims for injtries to persons or damage to property which may arise from or in corurection with the performance of the work hereunder by the Firm, its agents, representatives, or employees. No Limitation The Firm's maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the Firm 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 Firm shall obtain insurance of the types and coverage description below: Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be as least as broad as Insurance Services Office (ISO) form CA 00 01. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. Professional Liability insurance appropriate to the Firm's profession. Minimum Amounts of Insurance The Firm 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. Professional Liability insurance shall be written with limits no less than $4,000,000 per claims and $4,000,000 policy aggregate limit. Other Insurance Provision 3 Page 242 of 263 The Firm's Automobile 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 self-instued pool coverage maintained by the City shall be excess of the Firm's insurance and shall not contribute with it. Acceptabilify of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage The Firm shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insrued endorsement, evidencing the insurance requirements of the Firm before commencement of the work. Notice of Cancellation The Firm shall provide the City Entity with written notice of any policy cancellation within two business days of their receipt of such notice. IX. INDEMNIFICATION/HOLD HARMLESS The Firm shall defend, indemniff and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Firm in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competition 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 Firm and the City, its officers, officials, employees, and volunteers, the Firm's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Firm's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Firm's waiver of immunity under Industrial Insurance, Title 5l RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shal[ survive the expiration or termination of this Agreement. X. ASSIGNING OR SUBCONTRACTING The Firm shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior wriffen consent of the City, which consent may be withheld in the sole discretion of the City. XI. DISCRIMINATION AND COMPLIANCE WITH LAWS 1. The Firm 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, -4- Page 243 of 263 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. 2. Even though the Firm 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 Firm agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Firm's btsiness, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. 3. The Firm shall obtain a City of Port Orchard business license. 4. Violation of this Paragraph XI 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. XII. RELATIONSHIP OF PARTIES The parties intend that an independent contractor-client relationship will be created by this Agreement. As the Firm is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub-Firm of the Firm shall be or shall be deemed to be the employee, agent, representative or sub-Firm of the City. In the performance of the work, the Firm is an independent contractor with the abiliry 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 wremployment insurance, are available from the City to the employees, agents, representatives or sub-Firms of the Finn. The Firm will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub-Firms during the performance of this Agreement. The City Day, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Firm performs hereunder. XIII. BOOK AND RECORDS The Firm agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Services and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review, or audit by the City, its authonzed representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 5 Page 244 of 263 Reqords preservation. The Firm understands that this Agreement is with a govemment agency and thus all records created or used in the course of the Firm's work for the City are considered "public records" and may be subject to disclosrue under the Public Records Act, Chapter 42.56 RCW ("the Act"). Firm agrees to safeguard and preserve records in accordance with the Act. If the City receives a public records request and asks the Firm to search its files for responsive records, the Firm agrees to make a prompt and thorough search through his files for responsive records and to promptly turn over any responsive records to the City's public records officer. XV. NOTICE Any notices required to be given by the City to the Firm or by the Firm to the City shall be in writing and delivered to the parties at the following addresses: Inslee, Best, Doezie & Ryder, P.S. Charlotte A. Archer 10900 NE 4th Street Skyline Tower, Suite 1500 Bellevue, WA 98004 Phone: 360.876.4407 Fax: 360.895.9029 Phone: 425.450.4209 For: 425.635.7720 XVI. RESOLUTION OF DISPUTES AI\D GOVERNING LAW 1. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. 2. If any dispute arises between the City and the Firm under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Firm does not agree with the Mayor's decision on a disputed matter, jnrisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. 3. 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. XVII. GENERAL PROVISIONS l. 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. Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 6 Page 245 of 263 2. 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 Firm. 3. Severability. The provisions of this Agreement are declared to be severable. [f any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 4. Entire Agreement. The written provisions of this Agreement, together w'ith any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever. the Agreement or the Agreenrent documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict w'ith any language contained in this Agreement, then this Agreement shall prevail. CITY OF PORT ORCHARD INSLEE, BEST, DOEZIE, & RYDER. P.S. By B Robert Putaansuu. Mavor lotte A. Archer. Attorney ATTE By t)tr,tt?urlnBy: Bra ndy ty Clerk Dawn Reitan, Shareholder 7 f+P O Page 246 of 263 Charlotte Archer s240 I $26s Curtis Chambers s240 t $26s Rosemary Larson, Dawn Reitan, and Eric Frimodt $325 Exhibit A INSLEE, BEST, DOEZIE & RYDER, P.S. 2019 through 2021 Attorney Billtng Rates* * The City will be charged at the $240 per hour rate for the first forty (40) hours of work per month for work performed by Charlotte Archer and Curtis Chambers. Otherwise, the above rates will apply. *The Firm's Attorney Billing Rates are subject to change on January 7,2022, based on the mutual consent of the Mayor and Firm. *The Firm will provide updated rate sheets annually for paralegals and law clerks as well as for all professionals not specifically listed in Exhibit A. -8- Page 247 of 263 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 7I Meeting Date: December 20, 2022 Subject: Approval of Amendment No. 7 to Prepared by: Tony Lang Contract No. 054-18 with RH2 Public Works Director Engineering, Inc. for the Marina Pump Atty Routing No.: 366922-0009 – PW Station Rebuild Project Atty Review Date: December 6, 2022 Summary: On December 15, December 22, and December 29, 2017, the City’s Public Works Department published a Request for Qualifications for the Preparation of Ad Ready Design (100% PS&E), Permitting, and Full Construction Administration/Construction Management for the Marina Pump Station Rebuild Project (the "Project"). After a successful and complete procurement process, the City selected RH2 Engineering, Inc. as the most qualified engineering consultant for the Project. On July 24, 2018, Port Orchard City Council approved Contract No. C054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project – 30% Design. A Summary of Subsequent Amendments is as follows. Amendment No. 1 Time Only Extension Amendment No. 2 Time Only Extension Amendment No. 2A Time Only Extension Amendment No. 3 30% to 80% Design $726,789 Additional Fee Amendment No. 4 Additional Geotech $14,004 Additional Fee Amendment No. 5 Time Only Extension Amendment No. 6 100% Ad Ready Design/Bid Support $679,025 Additional Fee Further amendment of the Contract is now required to move the Project through the final phases. Amendment No. 7 will provide for additional final design and bid support as well as construction management services during construction. These associated costs are included within the estimated $17.6M Total Project Cost Amendment No. 7 will also increase the “Not to Exceed” amount by an additional $859,191.00, for a “Not to Exceed” total of $2,529,009.00, inclusive of all compensation paid after execution of the Contract and Amendments 1 through 6 but prior to this Amendment. Finally, Amendment No. 7 will extend the term of the Agreement to December 31, 2024. Recommendation: Staff recommends Council authorize the Mayor to execute Amendment No. 7 to Contract No. C054-18 with RH2 Engineering, Inc for the Marina Pump Station Rebuild Project to extend the duration of the contract to December 31, 2024, and increase the contract amount. Relationship to Comprehensive Plan: Chapter 7 – Utilities (Sewer). Motion for Consideration: I move to authorize the Mayor to execute Amendment No. 7 to Contract No. C0054-18 with RH2 Engineering, Inc. for the Marina Pump Station Rebuild Project. Page 248 of 263 Staff Report 7I Page 2 of 2 Fiscal Impact: Funding is budgeted in the 2023 2024 Budget. (A combination of a Dept of Ecology loan, ARPA Grant funds, and Sewer Enterprise Funds) Alternatives: Do not approve and provide alternative guidance. Attachments: Authorization for Amendment No. 7 Amendment No. 7 w/ Exhibits A, B & C Page 249 of 263 Page 250 of 263 Page 251 of 263 Page 252 of 263 Page 253 of 263 Page 254 of 263 Page 255 of 263 Page 256 of 263 Page 257 of 263 Page 258 of 263 Page 259 of 263 Page 260 of 263 Page 261 of 263 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 7J Meeting Date: December 20, 2022 Subject: Adoption of a Resolution Authorizing Prepared by: Charlotte Archer the Re-appointment of Tim Drury as City Attorney as the City’s Abatement Hearing Atty Routing No.: 366922-0011 - DCD Officer Atty Review Date: December 16, 2022 Summary: The City utilizes the services of a contract abatement hearing officer to provide an opportunity for the appeal of code enforcement notices issued by the City’s code enforcement officer. This independent hearing officer provides due process through a hearing by which the officer evaluates the code enforcement notice and procedures utilized, at the request of the appealing party. The City appointed Tim Drury to serve in this role, for a nominal per/hearing fee, in 2019, and his term will expire at the end of this year. The City has received a request for an appeal hearing, to occur early next year. Staff recommends extending Judge Drury’s term in this role in order to provide this public service. Recommendation: Staff recommends approval of the Resolution re-appointing Judge Drury as the City’s abatement hearing officer for a four-year term. Relationship to Comprehensive Plan: N/A Motion for consideration: “I move to adopt a Resolution re-appointing Tim Drury as the City’s abatement hearing officer for a four-year term” Fiscal Impact: This administrative cost is passed through to the appellant in an appeal fee. Alternatives: Do not approve and provide alternative guidance. Attachments: Resolution Page 262 of 263 RESOLUTION NO. ___ A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, CONFIRMING THE MAYORAL RE-APPOINTMENT OF TIM DRURY AS THE CITY’S ABATEMENT HEARING EXAMINER. WHEREAS, Port Orchard Municipal Code (POMC) Chapter 20.2L2 - Unsafe Dwellings, Buildings, and Structures - specifies that appeals of abatement orders be heard by an abatement hearing officer; and WHEREAS, POMC Chapters 2.08 and 2.82 establish the position of abatement hearing officer and specify the duties thereof, and POMC 2.08.120 provides that the Mayor may appoint the abatement hearing officer with confirmation by a majority vote of the City Council; and WHEREAS, by Resolution No. 031-19, the City Council affirmed the Mayor’s appointment of Judge Tim Drury as the City’s abatement hearing officer for a term expiring on December 31, 2022; and WHEREAS, the Mayor desires to re-appoint Judge Drury for an additional period of service as the City’s abatement hearing officers; and WHEREAS, the City Council finds it is in the best interest of the City and its residents to confirm this re-appointment and continue to provide this public service; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: Tim Drury is hereby re-appointed to serve as the City’s abatement hearing officer, pursuant to POMC 2.08 and 2.82 for a term commencing on January 1, 2023 and ending on December 31, 2026. The Mayor is authorized to execute a contract extension for these services. 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 20th day of December 2022. Robert Putaansuu, Mayor ATTEST: Brandy Wallace, MMC, City Clerk Page 263 of 263