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02/09/2021 - Regular - PacketMayor: Rob Putaansuu Administrative Official Councilmembers: Belk Ashby (MayorPro-Tempore) Finance Committee Economic Development & Tourism Committee Transportation Committee, Chair KRCC/KRCC PlanPol-alt /KRCC TransPol PSRC-alt/PSRC TransPOL-Alt/PRTPO Shawn Cucciardi Finance Committee E/D & Tourism Committee, Chair Kitsap Economic Development Alliance Fred Chang Economic Development & Tourism Committee Land Use Committee Jay Rosa pepe Utilities/Sewer Advisory Committee Land Use Committee Transportation Committee Lodging Tax Advisory Committee, Chair KRCC-alt John Clauson Finance Committee, Chair Utilities/Sewer Advisory Committee Kitsap Public Health District-alt Cindy Lucarelli Festival of Chimes & Lights Committee, Chair Utilities/Sewer Advisory Committee, Chair Kitsap Economic Development Alliance Scott Diener Land Use Committee, Chair Transportation Committee Department Directors: Nicholas Bond, AICP Development Director Mark Dorsey, P.E. Director of Public Works/City Engineer Tim Drury Municipal Court Judge Noah Crocker, M.B.A. Finance Director Matt Brown Police Chief Brandy Rinearson, MIMIC, CPRO City Clerk Meeting Location: Council Chambers, 3rd Floor 216 Prospect Street Port Orchard, WA 98366 Contact us: (360) 876-4407 cityhal I@cityofportorchard.us City of Port Orchard Council Meeting Agenda February 9, 2021 6:30 p.m. The City is prohibited from conducting meetings unless the meeting is NOT conducted in -person and instead provides options for the public to attend through telephone, internet or other means of remote access, and also provides the ability for persons attending the meeting (not in -person) to hear each other at the same time. Therefore, Remote access only Link: https://us02web.zoom.us/o/85812030839 Zoom Meeting ID: 858 1203 0839 Zoom Call -In: 1 253 215 8782 1. CALL TO ORDER A. Pledge of Allegiance 2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record) 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 an Ordinance Accepting Cash Donations from Kitsap Bank and Waterman Mitigation Partners (Crocker) Page 4 D. Adoption of a Resolution Approving an Emergency Access and Utility Easement with Northcamp Property Investments, LLC for the Final Plat of McCormick Village (Dorsey) Page 7 E. Adoption of a Resolution Approving the Purchase of Vehicles for the Equipment Rental Revolving Fund 500 (Crocker) Page 16 F. Approval of the January 26, 2021, City Council Meeting Minutes Page 33 S. PRESENTATION 6. PUBLIC HEARING A. Ordinance to Adopt an Adjusted Traffic Impact Fee (Bond) Page 40 B. McCormick Woods Development Agreement for Transportation (Bond) Page 79 C. Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Concerning Sewer General Facility Fee Credits (Bond) Page 142 7. BUSINESS ITEMS A. Adoption of an Ordinance Approving the McCormick Woods Development Agreement for Transportation (Bond) Page 144 B. Adoption of an Ordinance Adopting an Adjusted Traffic Impact Fee (Bond) Page 173 C. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Concerning Sewer General Facility Fee Credits (Bond) Page 211 D. Adoption of an Ordinance Approving a Contract with the Washington State Department of Transportation for the Bethel and Lincoln Roundabout Project Construction Phase (Dorsey) Page 228 E. Adoption of an Ordinance Approving a Contract with the Washington State Department of Transportation for the Citywide Street Lighting Study (Dorsey) Page 237 F. Adoption of a Resolution Approving a Contract with Skillings, Inc. for the Bethel and Lincoln Intersection Roundabout Protect Design Phase and Documenting Procurement Procedures (Dorsey) Page 245 G. Adoption of a Resolution Approving a Contract with Transportation Solutions, Inc. for the Third -Party Transportation Concurrency Review Protect and Documenting Procurement Procedures (Dorsey) Page 278 H. Adoption of a Resolution Approving a Contract with Transportation Solutions, Inc. for On -Call Transportation Analysis Protect and Documenting Procurement Procedures (Dorsey) Page 297 I. Adoption of a Resolution Adopting the Final Plat of Stetson Heights Phase 1 (Bond) Page 313 J. Adoption of a Resolution Adopting a Donation Policy (Mayor) Page 416 K. Approval of the January 19, 2021, City Council Work Study Minutes Page 437 8. DISCUSSION ITEMS (No Action to be Taken) A. Gorst Memorandum of Understanding /Agreement (Mayor) 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) 13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the session duration will be announced prior to the executive session. 14. ADJOURNMENT COMMITTEE MEETINGS Date & Time Location Economic Development and February 8; 2021; 9:30am — 2nd Monday of each Remote Access Tourism month Utilities February 9, 2021; 5:00pm — 2nd Tuesday of each Remote Access month Finance February 16, 2021; 5:00pm — 3rd Tuesday of each Remote Access month Transportation February 23, 2021; 5:00pm; 41" Tuesday of each 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.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations. February 9, 2021, Meeting Agenda Page 2 of 3 month Festival of Chimes & Lights Land Use Lodging Tax Advisory Sewer Advisory Outside Agency Committees CITY COUNCIL GOOD OF THE ORDER February 22, 2021; 3:30pm Remote Access February 10, 2021; 4:30pm Remote Access March, 2021 Remote Access TBD, 2021 Remote Access Varies Varies Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned. The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City's website at: www.cityofportorchard.us or by contacting the City Clerk's office at (360) 876-4407. The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk's office should you need special accommodations. February 9, 2021, Meeting Agenda Page 3 of 3 Back to Agenda ;0 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4C Subject: Adoption of an Ordinance Accepting Cash Donations from Kitsap Bank and Waterman Mitigation Partners Meeting Date: February 9, 2021 Prepared by: Noah Crocker Atty Routing No. Atty Review Date Finance Director 366922.007 — Finance February 3, 2021 Summary: Per RCW 35.21.100, the City Council may accept donations of money or property by ordinance and may acquiesce to any lawful terms or conditions imposed by the donor for the use of the money or property in the ordinance. Similarly, per Port Orchard Municipal Code 3.90.030, all monetary and nonmonetary donations with a current value greater than $5,000 must be approved by the city council prior to acceptance. The Kitsap Bank and Waterman Mitigation Partners both desire to make donations to the City in the amount of $8,190, which each represent a one third share of the cost to update the conceptual plans for the draft Subarea Plan for downtown Port Orchard. The donors direct that these funds should be used for these purposes, and that this updated Subarea Plan by GGLO, LLC will provide much benefit to the City and our community. Recommendation: Staff recommends the Council adopt the ordinance accepting the donations in the amount of $8,190 from the Kitsap Bank, and $8,190 from Waterman Mitigation Partners for the purposes of contributing to the update of the conceptual plans for the draft Subarea Plan for downtown Port Orchard. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt an ordinance, accepting donations in the amount of $8,190 from the Kitsap Bank and $8,190 from Waterman Mitigation Partners for the purposes of contributing to an update to the conceptual plans for Subarea plan for downtown Port Orchard. Fiscal Impact: $16,380 Alternatives: Do not approve ordinance and provide alternative guidance. Attachments: Ordinance. Page 4 of 440 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING A DONATION OF $8,190 FROM KITSAP BANK, AND A DONATION OF $8,190 FROM WATERMAN MITIGATION PARTNERS, FOR THE SUBAREA PLAN; ESTABLISHING AN EFFECTIVE DATE. WHEREAS, RCW 35.21.100 and Port Orchard Municipal Code 3.90.030 authorizes the City Council to accept donations by ordinance and to acknowledge and accept any lawful terms or conditions associated therewith; and WHEREAS, Kitsap Bank desires to donate $8,190 to the City, earmarked to cover one third of the cost to update the conceptual plans for the draft Subarea Plan for downtown Port Orchard; and WHEREAS, Waterman Mitigation Partners desires to donate $8,190, earmarked to cover one third of the cost to update the conceptual plans for the draft Subarea Plan for downtown Port Orchard; and WHEREAS, the Council desires to accept the donation, and accepts the terms and conditions the donors have placed on the City's use of the donation; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Findings and Recitals. The recitals set forth above are hereby adopted and incorporated as findings in support of this Ordinance. SECTION 2. Acceptance of Donation. The City Council hereby accepts the donations in the amount of $8,190 Kitsap Bank and $8,190 from Waterman Mitigation Partners and shall utilize these funds for the update of the conceptual plans for the draft Subarea Plan for downtown Port Orchard. The Mayor is instructed to take all necessary actions consistent with this authorization. SECTION 3. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 4. Severability. If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining parts of this ordinance. Page 5 of 440 Back to Agenda Ordinance No. Page 2 of 2 SECTION S. Effective Date. This ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after the date of publication. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 91" day of February 2021. ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Robert Putaansuu, Mayor SPONSORED BY: John Clauson, Councilmember Page 6 of 440 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Report Consent Agenda 4D Adoption of a Resolution Approving an Meeting Date: Prepared by: Emergency Access and Utility Easement with Northcamp Property Investments, Atty Routing No. LLC for the Final Plat of McCormick Village Atty Review Date Back to Agenda February 9, 2021 Mark Dorsey, P.E. Public Works Director 366922.0009 — PW February 3, 2021 Summary: On January 26, 2021, via Resolution No. 009-21, the Port Orchard City Council approved the 88-Lot Final Plat of McCormick Village. Prior to recording the Final Plat, an offsite Emergency Access and Utility Easement from Northcamp Property Investments, LLC must be granted to and accepted by the City, and recorded. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends adoption of Resolution No. 015-21, thereby authorizing the Mayor to execute an Emergency Access and Utility Easement from Northcamp Property Investments, LLC for the Final Plat of McCormick Village. Motion for Consideration: I move to adopt Resolution No. 015-21, thereby accepting and authorizing the Mayor to execute an Emergency Access and Utility Easement from Northcamp Property Investments, LLC for the Final Plat of McCormick Village. Alternatives: None. Fiscal Impact: None. Attachments: Resolution No. 015-21 and Emergency Access and Utility Easement. Page 7 of 440 Back to Agenda RESOLUTION NO. 015-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE AN EMERGENCY ACCESS AND UTILITY EASEMENT FROM NORTHCAMP PROPERTY INVESTMENTS, LLC FOR THE FINAL PLAT KNOWN AS MCCORMICK VILLAGE PARK. WHEREAS, on January 26, 2021, via Resolution No. 009-21, the Port Orchard City Council approved the Final Plat for McCormick Village; and WHEREAS, prior to the recording of said Final Plat, an offsite Emergency Access and Utility Easement must be recorded, which requires authorization by the City Council; and WHEREAS, the Grantor of the Easement is Northcamp Property Investments, LLC, and the Grantee is the City of Port Orchard; and WHEREAS, the City Council finds that the receipt of the required easement is in the best interests of the residents of Port Orchard; 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 the Resolution. THAT: The Port Orchard City Council accepts and authorizes the Mayor to execute an Emergency Access and Utility Easement from Northcamp Property Investments, LLC for the Final Plat of McCormick Village. THAT: This 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 9t" day of February 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 8 of 440 Back to Agenda After recording return document to: City of Port Orchard Permit Center 216 Prospect Street Port Orchard, WA 98366 RECEIVED PERMIT CENTER JAN 21 2021 CITY OF PORT ORCHARD COMMUNITY DEVELOPMENT PLEASE, MAKE NO MARK TN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE Grantor(s): Northcamp Property Investments, LLC Grantee(s): City of Port Orchard Legal Description: Ptn of Revised Parcel C and E (BLA recording number 201912050259) Assessor's Tax Parcel Numbers: 052301-4-025-2006, 052301-04-027-2004 Reference Number of Related Documents: N/A EMERGENCY ACCESS and UTILITY EASEMENT McCormick Village (FKA McCormick Woods North Phase III) Project The Grantor(s), Northcamp Property Investments. LLC , for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto the City of Port Orchard, a municipal corporation, and its successors and assigns (the Grantee), from the property legally described on Exhibit "A" — Entire Parcel (the "Property"), attached hereto and incorporated by this reference, a permanent access and utility easement, for the purposes described below, over, in, on, along, across, through, below and upon, the portion of the Property legally described on Exhibit `B", (the "Utility Easement") and depicted on Exhibit "C", which are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Access and Utility Easement in order to provide emergency medical services or to inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and enlarge the utilities contained within the easement area for all public purposes, including but not limited to, grade and slope, street lights, utilities (including without limitation water, sewer, storm water, electric, gas, telecommunications, cable and fiber optics, either owned or operated by Grantee or those utilities which provide service to Grantee or its citizens and are operated by permission of Grantee through franchise or permit), together with the right of ingress and egress thereto without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. Parcel No. 052301-4-025-2006 and 052301-04-027-2004 Page 1 of ( 7 ) Pages Page 9 of 440 Back to Agenda UTILITY EASEMENT THIS EASEMENT is executed and delivered and said easement is granted upon the following conditions to wit: 1. Grantee, its agents and employees, assigns and successors shall, as soon as practicable, after installation of the utilities and all subsequent alterations and repairs thereto, restore all property to the Grantor to a neat and presentable condition. 2. Grantor shall not interfere in any manner with the easement rights granted to Grantee and the public in this Easement Area. Unless approved by the Grantee, Grantor shall not (1) erect or maintain any buildings, structures, or improvements within the Easement Area; (2) disturb the lateral or subjacent support of the utilities and other improvements and uses of the Easement Area by Grantee, or undertake any form of construction or other activity that may disturb or damage the utilities, or other improvements or uses of the Easement Area by Grantee; or (3) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the utilities. 3. The rights granted herein shall not be construed to interfere with or restrict the Grantor, its heirs, executors, administrators, successors and assigns from the use of the Property outside of the Easement Area for the construction and maintenance of property improvements outside of the Easement Area. 4. This Access and Utility Easement and the rights, obligations and covenants stated in this Access and Utility Easement shall run with the land and shall be binding upon and shall inure to the benefit of the Grantor and Grantee. This Access and Utility Easement shall be recorded with the Kitsap County Recorder's Office. 5. It is understood and agreed that delivery of this Access and Utility Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of Port Orchard unless and until approved hereon in writing by the City of Port Orchard. Dated: v 9� , 202 0 . Gr USA Its a Parcel No. 052301-4-025-2006 and 052301-04-027-2004 Page 2 of ( 7 ) Pages .............................................................................................................................................................................................................................................................................. Page 10 of 440 Back to Agenda Page 11 of 440 Back to Agenda UTILITY EASEMENT CORPORATE ACKNOWLEDGMENT STATE OF (A)1�- SS. COUNTY OF I certify that I know or have satisfactory evidence that C�e_yy'*-4 -foYais the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that the ere authorized to execute the instrument and ackn wled ed it as the Y g —G&2 �wYtyc� S�anr-t- •v � of %i--��v�.D Tfr►o� a �v.y � - , to be their free and voluntary act of such p ty for th uses and purposes menti ned in the in trument. DATED this CVday of , 20'7 i otary Public Notary Public State of Washington ANDREW D. MARSHALL �3 D AL Jd.., 1 MY COMMISSION EXPMES Printed Name 03-06-2021 Residing at My appointment expires D' -1, INDIVIDUAL ACKNOWLEDGMENT STATE OF ss. COUNTY OF On this day personally appeared before me , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this day of (SEAL) , 20 Notary Public Printed Name Residing at My appointment expires Parcel No. 052301-4-025-2006 and 052301-04-027-2004 Page 4 of ( 7 ) Pages Page 12 of 440 Back to Agenda EXHIBIT A LEGAL DESCRIPTION PROPERTY Revised Parcel C and Revised Parcel E of City Port Orchard Boundary Line Adjustment filed under Auditor's File Number 201912050259, in Volume 90 of Surveys, Pages 59 through 63, inclusive, Records of Kitsap County, Washington. Project Name: McCormick Village December 7, 2020 Parcel No. 052301-4-025-2006 and 052301-04-027-2004 BY: TSL Page 5 of ( 7 ) Pages Page 13 of 440 Back to Agenda EXHIBIT B LEGAL DESCRIPTION UTILITY EASEMENT That portion of Revised Parcel C and Revised Parcel E of City Port Orchard Boundary Line Adjustment filed under Auditor's File Number 201912050259, in Volume 90 of Surveys, Pages 59 through 63, inclusive, Records of Kitsap County, Washington, being more particularly described as follows; BEGINNING at a point on the West line of said Revised Parcel C, point being 35.00 feet North of the Southwest corner of said Revised Parcel C and being on the arc of a curve, the radius of which bears South 02'35'15" West; THENCE Easterly along the arc of curve concave to the South, having a radius of 1,010.00 feet, through a central angle of 27°56'44", and an arc length of 492.62 feet; THENCE South 59028'01" East, 205.99 feet; THENCE South 30031'40" West, 153.79 feet to a point of tangency; THENCE Southwesterly along the arc of a curve to the right, having a radius of 515.00 feet, through a central angle of 16*1651", and an arc length of 146.19 feet to a point of reverse curvature; THENCE Southwesterly along the arc of a curve to the left, having a radius of 300.00 feet, through a central angle of 26°12'07", and an arc length of 137.19 feet; THENCE South 20035'24" West, 15.10 feet to a point of tangency; THENCE Southerly along the arc of a curve to the left, having a radius of 400.00 feet, through a central angle of 06°31'08", and an arc length of 45.51 feet; THENCE South 14055'35" East, 100.90 feet to the North margin of Old Clifton Road; THENCE North 87°02'01" West, 58.46 feet along said North margin; THENCE North 02051'58" East, 18.25 feet to a point of tangency; THENCE Northerly along the arc of a curve to the right, having a radius of 420.00 feet, through a central angle of 17°43'26", and an arc length of 129.92 feet; THENCE North 20°35'24" East, 15.10 feet to a point of tangency; THENCE Northeasterly along the arc of a curve to the right, having a radius of 320.00 feet, through a central angle of 26'12'07", and an arc length of 146.34 feet to a point of reverse curvature; THENCE Northeasterly along the arc of a curve to the left, having a radius of 495.00 feet, through a central angle of 16'15'51", and an are length of 140.51 feet; THENCE North 30°31'40" East, 98.80 feet to a point of tangency; THENCE Northerly along the arc of a curve to the left, having a radius of 35.00 feet, through a central angle of 89°59'41 ", and an arc length of 54.97 feet; THENCE North 59°28'01" West, 150.99 feet to a point of tangency; THENCE Westerly along the arc of a curve to the left, having a radius of 990.00 feet, through a central angle of 27°57'01 ", and an arc length of 482.95 feet to the West line of said Revised Parcel C; THENCE North 02°49'09" East, 20.00 feet along said West line to the POINT OF BEGINNING. S. Parcel No. 052301-4-025-2006 and 052301-04-027-2004 Project Name: McCormick Village LDA�TEEE� 789 pDecember 7, 2020S T 9 SJ�LABY: TSL 07/2020 Ref. DWG: 4350EXH01.dwg Page 6 of ( 7) Pages Page 14 of 440 Back to Agenda r EXHIBIT 'C® I / REVISED REVISED / PARCEL F PARCEL C / I EASEMENT / to AREA A=2756'44" / IN I 27,736 S.F.f R=1010.00' NO2'49'09"E �' P.O.B. L=492.62' REVISED ------------- 20.00 PARCEL D A=27'57'01 "� S59.28-01 "E R=990.00' 205.99' L=482.95' REVISED PARCEL E GRAPHIC SCALE 011111111 0 80 160 320 1" = 160 FEET �J�R 4��W A��Sy NET 45789 0 sip FBI STE S�� �Yq 1 L ANC DATE SIGNED 12/07/2020 N59'28'01 "W 150.99' / A=89'59'41' R=35.00' / L=54.97' / N30'31'40"E / 98.80' / A=16'15'51" LS30'31'40"W R=495.00'—. / 153.79' L=140.51' A=26' 12'07- R=320.00' , /A=16'15'51 " L=146.34'� R=515.00' N20'35'24"E 15.10' A=17'43'26" L=129.92' NO2'51'58"E 18.25' OLD CLIF_ TON _ SCALE. HORIZONTAL 1 "=160' VERTICAL N/A LAN SURVEYING, LAND SURVEYING, INC. 25510 74TH AVENUE SOUTH KENT, WA 98032 PHONE: (253) 653-6423 FAX: (253) 793-1616 WWW.LANKTREELANDSURVEYING.COM For: Title: / L=146.19 A=26' 12'07" ~—R=300.00' L=137.19' 20'35'24"W 5.10'A=6'31'08" '—R=400.00' L=45.51' S14'55'35"E 100.90' 30.0' N87'0: 58.46' MCCORMICK VILLAGE UTILITY EASEMENT JOB NUMBER 4350 4350L.002.DOC SHEET 1of1 Page 7 of ( 7 ) Pages Parcel No. _052301-4-025-2006 and 052301-04-027-2004 Page 15 of 440 Back to Agenda ;0 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Consent Agenda 4E Subject: Adoption of a Resolution Approving the Purchase of Vehicles for the Equipment Rental Revolving Fund 500 Meeting Date: February 9, 2021 Prepared by: Noah Crocker Atty Routing No. Atty Review Date Finance Director 366922.007 - Finance February 4, 2021 Summary: The City Council adopted the 2021-2022 Biennial Budget, which included $709,000 for the purchase of vehicles for the Equipment Rental and Revolving Fund 500. The City's Procurement Policies require City Council approval for purchases that cost $35,000 or more. The vehicles listed in this proposed Resolution are: a 2022 Ford F350 4WD Maintenance vehicle with crane; a 2021 Ford F150 4WD pickup truck; and a 2021 Ford F250 4WD pickup truck. These items are included in the Biennial Budget and meets the City's fleet standardization policies for fleet trucks. These items were procured through the Washington State Department of Enterprise Services master contract/purchasing consortium. The purchase of a crane truck is a like in -kind replacement approved by the ER&R manager. By this Resolution, the City Council will approve of the vehicle purchases, in accordance with the procurement procedures established by the City Council. Recommendation: Staff recommends approving the Resolution as proposed. Relationship to Comprehensive Plan: N/A Motion for consideration: "I move to adopt a Resolution, authorizing the purchase of vehicles in accordance with the City's policies and the 2021-2022 Biennial Budget." Fiscal Impact: Estimate Cost:—$176,000 Alternatives: Do not approve resolution and provide alternative guidance. Attachment: Resolution and Exhibit A. Page 16 of 440 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, APPROVING THE PURCHASE OF VEHICLES FOR THE EQUIPMENT RENTAL REVOLVING FUND. WHEREAS, the City Council has approved Ordinance No. 035-20, approving the 2021-2022 Biennial Budget; and WHEREAS, the 2021-2022 Biennial Budget includes $709,000 for capital purchases of vehicles and equipment for the Equipment Rental and Revolving fund; and WHEREAS, the City Council has approved procurement policies which require City Council authorization for purchasing items costing $35,000 or more; and WHEREAS, the purchase orders attached as Exhibit A are for the purchase of vehicles in an amount that exceeds the $35,000 authorization limit; and WHEREAS, the purchase orders are for vehicles that meet the fleet standardization policy as adopted by the City Council, or is a like in kind replacement, and are reflected with the 2021-2022 Biennial Budget; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves the purchase of all vehicles listed in the purchase orders attached hereto in Exhibit A. The Mayor or his designee is authorized to take action consistent with this authorization. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 91" day of February 2021. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 17 of 440 Exf Back to Agenda Equipment Rental & Revolving Fund Purchase Request Form RCW 43.19.649 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Description of item: 2022 Ford F350 4WD Maintenance vehicle with crane Procurement method: Department of Enterprise Services (DES) Department Water Sewer Storm Street Public Works DCD Police Admin X Addition or Replacement Addition to Fleet Replacement Vehicle / Equipment being replaced: #1047- will be surplused and sold X Fleet Standardisation Requested Vehicle / Equipment follows fleet standardization Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are not fleet standard and reason for addition. X Requested Vehicle / Equipment does not have a standard cost $87,332.46 Fleet standard cost Additional cost for consideration (Radio, city logo, licensing) TOTAL $2,000.00 $89,332.46 Page 18 of 440 Back to Agenda STANDARDS FOR VEHICLES Police ihvarimcm Standard Vehicle Model Chassls Drive Train Calor Graphics Accessories Ford Sedans Automatic Black City Decal Lights SLIV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and i'i:mnlim, Standard Truck Model Chassl Cab Size Drive Train Color Graphics Aaessorles Ford 1/2 Ton Regular Automatic White atv Logo Truck Number Lights ` Radios 3/4Ton Extended 2WD 1Ton Crew Cab 4WD Antennas Tool Boxes Administration and PIannine Standard Vehicle Type chassi Drive Train Q69 oraphics Aaessorles Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios 4WD Antennas AWD have reviewed the vehicles / equipment listed above and regi si approval for purchase. Deparirne ,tor Approved for purchas�br'' (FR Representati e ;''� Date r /.2 tt Ianyl Date Page 19 of 440 1/1912021 Organization Purchase Request Details Back to Agenda Contract Automobile Request Sys YVSAiPRI %it` Depertmentof tMe rise Services 4f'� Organization Purchase Request Details Organization Infonmation I I Contract #: 05916 - Motor Vehicles Status: Submitted To Dealer 21802 - PORT ORCHARD, CITY OF - Organization: 21802 Order Contact: Tim Johnson Contact Phone: 360-535-2473 Contact Email: tjohnson@cityofportorchard.us Dealer: Columbia Ford - W403 Dealer Address: 700 7th Avenue Longview WA 98632 Retum to ❑rg Requests Quote #: 2021-1-272 Submit Date: 01-11-2021 Order Date: Expected Delivery Date: Delivery Date: Cancel Date: Organization Reference Electricians Truck M Organization PO #: Dealer Contact: Marie Tellinghiusen Dealer Phone: (360) 423-4321 Ext: 187 Dealer Email: orders@colford.com Internal Notes: 1.7-way round plug for 2021-0912-1561 option 2. Ctech tool box # 20192597 located in passenger front vertical compartment for 2021-0912-1252 option 3. Work light for item 2021-0912-1755 locate on cab guard passenger side. 4. Master manual lock system for service body desired. 5. One row of e- track near top of compartments on three walls just below roll top desired. Comments To 1.7-way round plug for 2021-0912-1561 option 2. C-tech tool box # 20192597 located in passenger Dealer: front vertical compartment for 2021-0912-1252 option 3. Work light for item 2021-0912-1755 locate on cab guard passenger side. 4. Master manual lock system for service body desired. 5.One row of e- track near top of compartments on three walls just below roll top desired. Color Dealer 21-0046 K958 Reference #: Dealer ease send a copy of your PO.01119/21 Revised to update Allied options to current 2021 calendar Comments: year pricing, add #0002, #0003 - info only, add #9007 Allied body modification . 01/11/21 Forwarded order to Allied Color Name I Quantity i Oxford White (21) i 1 Tax Exempt: N https:/Iapps.des.wa.gov/CARS/OrgRequestDotaii.aspx?id=223143 1/5 Page 20 of 440 1 /19/2021 Organization Purchase Request Details Back to Agenda Vehicle Options Order Code I Order Code Description Qty I Unit Price Ext. Price 2021-0912-0001 2021 Ford F350 4WD Cab and Chassis 1 $31,356.00 $31,356.00 2021-0912-0002 INFORMATION ONLY: Columbia Ford offers a $300 Prompt Payment I 1 $0.001 $0.00 Discount if payment is received within 20 days of vehicle delivery. 2021-0912-0003 INFORMATION ONLY: Columbia Ford CARS Cancellation Fees: NO fee �to cancel order if vehicle has not been scheduled for production and is I able to be cancelled at factory. $500 cancellation fee if vehicle has been serialized and is locked in for production by manufacturer. $750 cancellation fee if vehicle has been delivered to customer and must be picked up by dealer and re -stocked into inventory. Absolutely NO cancellation if customer has licensed/registered vehicle. Upfits/Equipment ordered for vans, trucks, chassis cabs and police/fire vehicles will have a 10-30% re -stocking fee; custom bodies cannot be cancelled. I2021-0912-0010 2021 Ford F350 4WD Cab and Chassis, Regular Cab, Dual Rear Wheels (DRW), 14,000# GVWR, 145 Wheelbase (WB), 60in Cab -to -Axle (CA), f 6.21- 2-Valve SOHC EFI NA V8 Gas Engine, TorgShift 10-Speed 1 Automatic, 200 AMP Alternator, 650 CCA /72AH Battery, LT245/75Rxl7E BSW All -Season PLU Tires with 17in Argent Painted Steel Wheels (NO spare tire unless ordered separately), 3.73 Rear Axle Ratio (Non -Limited 1 Slip) (F3H/640A/996/44G/145WB/TDB/64K/X37/TTAS) --THIS IS THE BASE VEHICLE, please refer to Vehicle Standard Specifications for complete description. 1 2021-0912-0011 Alternative Wheelbase, Regular Cab, Dual Rear Wheels, 169WB, 84CA, 1 14,000# GVWR (F31-1/169WB) 2021-0912-0026 Dual Batteries (750 CCA 78AH, 1500 CCA total) (Available with 6,21- or 1 7,3L Gas Engines) (Standard with Diesel Engine) (86M) 2021-0912-0029 11OV140OW Outlet (1) (includes one in -dash mounted outlet) (to be f ordered wl 40/20/40 seating) (If ordering w/ base 6,21- Gas Engine, 1 includes 240-Amp Alternator #67E) (43C/67E) 2021-0912-0039 Limited Slip Rear Axle (4.30 RAR w/ gas, 4.10 RAR wl diesel)(DRW Only) I (X4L/X4N) 2021-0912-0043 Trailer Brake Controller (verified to be compatible with electronic actuated drum brakes only, includes Smart Trailer Tow Connector) (N/A with Trailer 1 Brake Wiring Kit#531)(52B) 2021-0912-0053 Tires (DRW); LT245/75Rx17E BSW All-Terraln (to be ordered with DRW, 1 retains 14,000# GVWR)(TBM) $0.00 $0.00 $0,00 i $0.00 I ' $170.00 $170.001 $200.00 $200.00 $249.00 $249.00 $345.00 $345.00 $259.00 $259.00 $158.00 $158.00 2021-0912-0057 Spare tire with wheel (includes hydraulic jack) (512/61 J) 1 $335.00 $335.00 2021-0912-0058 Front Wheel Well Liners (factory) (61L) 1 $172.00 $172.00 i2021-0912-0059 Cab Steps, Regular Cab (6in Angular Black Running BDards)(18B) 1 $307.001 $307.00 2021-0912-0064 Backup Alarm (76C) 1 $134.00 $134.00 J 2021-0912-00661 XL Only - Power Equipment Group (Regular/Extended Cab) [Includes 1 $1,110,00I $1,110.00 manual -folding, manually -telescoping trailer tow mirrors with power heated glass, power windows, power door locks, remote keyless entry) hitps://apps.des.wa.gov/CARS/OrgRequesiDetail,aspx?id=223143 215 Page 21 of 440 Back to Agenda 1/19/2021 Organization Purchase Request Details (includes (4) RKE Fobs w/ Integrated Key) (deletes passenger door lock cylinder) (90L/546) i ' 2021-0912-0070 XL Value Package (Includes chrome front bumper, Cruise Control #525) (if ordered with SRW, also includes bright chrome hub covers and center i ornaments) (96V) 2021-0912-0074 Rearview Camera and Prep Kit (includes loose camera and wiring bundle) (872) (Info: Upfitters offer rearview camera installation option with body orders) 2021-0912-0076 12021-0912-0199 12021-0912-0206 2021-0912-0209 �2021-0912-0210 2021-0912-0211 2021-0912-0212 2021-0912-0215 2021-0912-1220 1 $379.00 $379.00 1 $396.00 • $396.00 Center High -Mounted Stop Lamp (CHMSL)(59H)(No-charge) 1 $0.001 $0.001 VVarranty, Delayed Start (End -User submits request at www.fordwsd.com) '1 $0,001 $0.00 Floor Mats, HD Rubber Molded, Front (Weather Tech)(DLR) 1 $120.00 $120.001 Fire Extinguisher, 2.5# Dry Chemical ABC Rated wl Mounting Bracket, 1 $40.00 $40.00 .ininstalled (DLR) Jndercoating (wheel wells) (DLR) 1 i $125.00 $125.00 Service Manual, CD (DLR) 1 i $221.001 $221.00 Service Wiring Diagram, Paper (DLR) + $87.00 $87.00 Spotlight, LED 6in Clear Lens, Pillar Mounted, Driver Side (Unity) (DLR) 1 $560.00 $560.00 <napheide 11ft Service Body Package (84CA, DRW) [inc. Solid tops, ;pray liner coated galva grip bumper, painted white, 14-gauge two-sided lalvanneal steel shell, Exclusive return -flange floor design for support, I ;ontinuous corrosion resistant stainless steel pry -proof hinges, double - spring over center door retainer, double -shell 20 gauge two-sided A-40 lalvanneal steel compartment doors, automotive -quality rotary -style y atches, interior latch covers, neoprene door seals, slam lock tailgate, LED 1 1 $12.346.001$12,346.00 fight package meeting FMVSS standards including surface mounted LED + i l ;top/tail/turn and backup lights with built in LED strobe option with (9) ;electable patterns, wired to switch in cab, and built in reflectivity for tldditional safety, 5in track on dash, with universal phone holder, and two lrab handles at rear of body with track to accept phone holder or other accessories (other accessories not included) (6132D54) (ABW1220) 2021-0912-1242 Knapheide corner mounted crane reinforcement kit for curbside rear I compartment and rated for cranes up to 4000 tbs. capacity, 16,000 ft-Ibs. max. (requires DRW, and Knapheide service body package) (Does Not include crane see other options) (ALL SB-CRREIN) (ABW1242) i 2021-0912-1246 Knapheide modular cab guard with center section, right and left wings (on non -Flip top bodies), includes (1) strobe light mounting bracket (loose unless light is ordered), (1) spot light mounting bracket (loose), and (1) mini lightbar bracket (loose unless light is ordered) (Requires Knapheide service body upfit) (KNP MODCG) (ABW1246) 4 2021-0912-1250 LED Service Body Compartment Light Kit, installed into compartments and wired to switch in cab (requires Knapheide service body or enclosed I service body upfit) (KNP LEDCOMP-KIT) (ABW 1250) 2021-0912-1252 1 Ctech drawer unit (quantity 1) constructed from aluminum and have composite latches. Drawer fronts are powder coated red. Drawers are full extension on ball bearing slides and rated at 250 Ibs. Specify desired compartment, available for either 1st vertical, horizontal, or rear vertical https:l/apps.des.wa.gov/CARSIOrgRequestDe(all.aspx?ld=223143 I 1 I $1,452.00 $1,452.00 I 1 $1,186.00 $1,186.00 1 $1,693.00 $1,693.00, I' 1 $1.216.00 $1,216.00 315 Page 22 of 440 Back to Agenda 1/1912021 2021.0912-1261 I I 2021-0912-1272 2021-0912-1305 2021.0912-1561 12021-0912-1580 2021-0912-1755. 2021-0912-1771 I2021-0912-1777I I f2021-0912-9007 I Request Totals Organization Purchase Request Details ;ompartments and will either have (4-3in drawers; 3-3in drawers; 2-3in irawers; 2-3in, 2-5in, and 1-7in, covers one of model number 20192480, ?0192498, 2019506, 2019522, 2019530, 20192555, 2012589, 20192597, 2019605, 20192613, 20192621, 2019639, 20192647, 20192654, ?0192670, 20192704 depending on the body and compartment chosen, if iesired compartment is not specified default will be driver side front /ertical compartment) (Requires Knapheide standard service body upfit) KNP CTECHI) (ABW1252) (napheide bolt on Mechanics Vise Bracket installed on rear step bumper, painted black. (requires service body or enclosed service body upfit) (KNP ?0072732) (ABW1261) -ine-X 11 Service body cargo area including floor, walls, bulkhead, and )ack of tailgate (requires Knapheide service body upfit) (LINEX-SB11) ABW1272) /enturo 12,000 ft-lbs, electric service crane package including 3,500 Ibs, Ring capacity, electric winch, elevation, rotation, power extension, nanual out/crank down outriggers, and boom rest. (requires DRW, (napheide service body upfit and crane reinforcement option) (VEN :T12KX) (ABW1305) Aeavy Duty tin Receiver Hitch with equal or greater than 20,000 GTWR ncludes/ 7-Way Flat RV Plug, Class V (7-Way or 6-Way Round plug lvailable in lieu of 7-Way Flat for no additional cost, must specify at time )f order) (Requires Body Order) (ALL-HDHITCH) (ABW1561) installation of factory provided rearview camera (Must order Ford&#39;s Rearview Camera and Prep Kit, which is shipped loose from factory) ABW 1580) 5500 Lumen work light, quantity (1). installed at customer specified Dcation (defaults to cabguard or rear if no location given at time of order), vired to switch in cab. (requires body upfit) (FRC LED320-B03-W) ABW1755) -ederal Signal surface mounted Micropulse Ultra amber LED warning ghts installed 2 in the front and two in the rear (total of 4) (ALL PX300PKG) (ABW1771) .ighting - Whalen Responder LP Super -LED mini lightbar, aluminum )ase, amber color, clear dome installed wired to switch in cab. (WHE R2LPHPCA) (ABW1777) 3ody modifications: add masterlocking system, add E-track around )erimeter of cargo area tops (DLR/ABW 48598RC0116) (Pt Orchard Q# ?021-1-272) 1 $455.00 $455.00 1 $1,641.00 $1,641.00 I 1 $18,560.00 $18,560.00 1 $1,034.00 $1,034,00 I 1 $116.00 $116.00 t $437.00 $437.00 1 $1,359.00 $1,359.00 1 $1,224.00 $1,224.00 1 1 $1.123.00 $1,123.00 1 Total Vehicles: 1 Sub Total: $80,565.00 8.4 % Sales Tax: $6,767.46 Request Total: $87,332.46 htlps://apps.desma.gov/CARS/OrgRequestDetai1.aspx?id=223143 Page 23 of 440 4/5 Back to Agenda 1/19/2021 Organization Purchase Request Details r) Copyright J 2021 - Department of Enterprise Services https://apps.des.wa.gov/CARS/OrgRegUestDotall.aspx?id=223143 515 Page 24 of 440 Back to Agenda URCHAHt. Equipment Rental & Revolving Fund Purchase Request Form RC W 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Description of item: 2021 Ford FiSO Pickup, 4WD Procurement method: Department of Enterprise Services (DES) Department Water _ Sewer Storm Street Public Works DCD Police Admin 1. 1 General Addition or Replacement X Addition to Fleet Replacement Vehicle / Equipment being replaced: Fleet Standardization X Requested Vehicle / Equipment follows fleet standardization _ Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are not fleet standard and reason for addition. Requested Vehicle / Equipment does not have a standard cost $39,829.41 Fleet standard cost $1,800.00 _ Additional cost for consideration (Radio, city logo, licensing) $41,629.41 TOTAL Page 25 of 440 Back to Agenda STANDARDS FOR VEHICLES Pnlire hannrimrni Ctandard Vehicle Model - _ Chassis Drive Train Color rG adder Accessories Ford Sedans Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Pnhlic Work%and PlanninE Standard Truck Model Chassis Cab Size Drive Train color Graphics CitvLogo Truck Number Accessories Ford 1/2Ton Regular Automatic White Lights Radios 3/4 Ton Extended 2WD 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and hlannine Standard Vehicle Type Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Radios Antennas Biofuel SUV 2WD Vehicle Number 4WD AWD I have reviewed the vehicles / equipment listed above and request approval for purchase. artmen Hector Date Approved for purchase by: (�—IPSJ,4d " ! I a� �aoal ER& Representati Date Page 26 of 440 Back to Agenda Tony Lan From: NOREPLY@des.wa.gov Sent: Tuesday, January 5, 2021 3:33 PM To: Tony Lang Cc: noreply@des.wa.gov Subject: Vehicle Quote - 2021-1-76 - PORT ORCHARD, CITY OF - 21802 Vehicle Quote Number: 2021-1-76 Create Purchase Request View organixatlon purchase r This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 05916 Dealer: Columbia Ford (W403) 700 7th Avenue Longview WA 98632 Organization Information Organization: PORT ORCHARD, CITY OF - 21802 Email: Uang@cltyofportorchard.us Quote Notes: Vehicle Location: PORT ORCHARD Color Options & Qty Oxford White (YZ) - 1 T Tax Exempt: N Vehicle Options Order Code Option Description 2021-0830-001 2021 Ford F150 4WD Dealer Contact: Marie Tellinghiusen Dealer Phone: (360) 423-4321 Ext: 187 Dealer Email: orders@colford.com 2021-0830-012 EXTENDED Cab, 4WD, 145WB, 6.5 ft Box, 3.3L V6 PFDI (290HP) (18/23/20 MPG) (FFV Capability) (6500# GVWR, 1770# Payload, 3,73 RAR) (X1E/100A/99B/44G/145WB/413) Qty Unit Price Ext. Price 1 $25,522.00 $25,522.00 1 $543.00 $543.00 2021-0830-036 XL - High Level Trim Upgrade #101A - Extended Cab [Includes XL Base Power Equipment Group #85A i $1,613.00 $1,613.00 (manual -folding power glass sideview mirrors, illuminated entry, perimeter alarm, power locks with Flip i key/integrated keyless entry fob, power tailgate lock and power windows), cruise control and reverse sensing system] (Includes (4) RKE Fobs w/ Integrated Flip Keys) (Included with XLT Trim #300A) (Ext Cab/101A) 2021-0830-042 XL Only - SYNC4 Upgrade w/ Enhanced Voice Recognition (8in LCD capacitive touchscreen w/ swipe 1 $311.00 $311.00 capability, wireless phone connection, Cloud connected, AppLink w/ App Catalog, 911 Assist, Apple CarPlay and Android Auto Compatibility, Digital Owners Manual, Conversational Voice Command Recognition, Connected Navigation) (524/582) 2021-0830-050 Daytime Running Lights (non -controllable) (942) 1 $43.00 $43.00 2021-0830-051 Fog Lamps (included with XLT Trim #300A) (595) 1 $135.00 $135.00 2021-0830-052 Chrome front and rear bumpers (Must also order Fog Lamps #595) (Included with XLT Trim #300A) 1 $138.00 $138.00 (17C t Page 27 of 440 Back to Agenda 2021-0830-060 Black Platform Running Boards (Available with all cabs and trim levels) (18B) 1 $240.00 $240.00 2021-0830-061 Tailgate Step (Includes Tailgate Work Surface) (63T) 1 $412.00 $412.00 2021-0830-070 LT265/70Rx17C BSW All -Terrain tires (Not available with 3.OL Diesel Engine) (T7C) 1 $283.00 $283.00 2021-0830-078 Trailer Tow Package (53A) - to be ordered w/ XL High Trim #101A only (includes Trailer Brake 1 $1,042.00 $1,042.00 Controller, smart trailer tow connector (if BLIS Is also ordered, Includes trailer tow coverage), 4-pin/7-pin wiring, Class IV trailer hitch receiver #53B) (53A/101A) 2021-0830-209 Floor Mats, HD Rubber Molded, Front (Weather Tech) (DLR) f 2021-0830-210 Floor Mats, HD Rubber Molded, Rear (Weather Tech) (Ext/Crew Cabs) (DLR) 2021-0830-211 Mud flaps, Front (DLR) 2021-0830-212 Mud Flaps, Rear (DLR) 2021-0830-214 Fire Extinguisher, 2.5# Dry Chemical ABC Rated w/ Mounting Bracket, uninstalled (DLR) 2021-0830-216 Undercoating (Wheel Wells Only) (DLR) 2021-0830-217 Service Manual, CD (DLR) 1 $120.00 $120.00 1 $100.00 $100.00 , 1 $75.00 $75.00I 1 $75.00 $75.00 1 $40.00 $40.00 1 $125.00 $125.00 1 $221.00 $221.00 2021-0830-218 Service Wiring Diagram, Paper (DLR) 1 2021-0630-221 Spotlight, LED 6 inch, Clear Lens, Pillar Mounted, Driver Side (Unity) (DLR) 1 2021-0830-223 SPRAY -IN Bedliner (Line-X) (DLR) 1 2021-0830-330 Side rail box - topside lift -up door (46L x 12H x 9W) (DRIVER SIDE) (Compatible with Adrian Cross boxes 1 on 6.5/6.75 or 8ft beds) (Adrian AD303-D) (TB330) $87.00 $87.00 $560.00 $560.00 $468.00 $468.00 $641.00 $641.00 2021-0830-331 Side rail box - topside lift -up door (46L x 12H x 9W) (PASSENGER SIDE) (Compatible with Adrian Cross 1 $641.00 $641.00 boxes on 6.5/6.75 or 8ft beds) (Adrian AD303-P) (TB331) f 2021-0830-362 Cab Rack - Flat perforated aluminum sheet screen insert (ALL CBGD) (TB362) 1 $858.00 $858.00 12021-0830-36B Cab Rack Option - Mlni-Lightbar Mount, 10x15, installed centered on cab guard. (ALL CBGD-BP) (TB368) 1 $75.00 $75.00 !!!! 2021-0830-421 AMBER: Basic Warning Package (All F150 Models): Installation of 2 amber grill lights, 2 amber led inserts ? $2,375.00 $2,375.00 In reverse lenses, and NROADS 17 inch amber lightbar mounted on roof or cabguard, and 6 button switch panel. Also includes single radio prewire (includes power and coax in roof). (DWS-F150-A-2) (DW421) Quote Totals 2 Total Vehicles: 1 Sub Total: $36,743.00 8.4 % Sales Tax: $3,086.41 Quote Total: $39,829.41 Page 28 of 440 Back to Agenda Equipment Rental & Revolving Fund Purchase Request Farm RC W 43.19.648 — Requires all local governments to convert their vehicle fleets to electricity or biofuel. Local governments are required to transition all vehicles to electricity or biofuels to the extent practicable. WAC 194-29-030 provides further guidance regarding this issue. If it is not practical for local governments to use electricity or biofuel for police, fire or emergency response vehicles, including utility vehicles frequently used for emergency response, it is encouraged to consider alternate fuels and vehicle technologies to displace gasoline and diesel fuel use. Please attach the quote for vehicle / equipment. Description of item: 2021 Ford F250 Pickup, 4WD Procurement method: Department of Enterprise Services (DES) Department Water Sewer Storm Street_ Public Works DCD Police Admin :77—� - X Addition or Replacement Addition to Fleet X Replacement Vehicle / Equipment being replaced: #1032- will move to a spare vehicle Fleet Standardization X _ Requested Vehicle / Equipment follows fleet standardization Requested Vehicle / Equipment DOES NOT follow Standardization. List items that are not fleet standard and reason for addition. I I i 1 Requested Vehicle / Equipment does not have a standard cost $41,641.86 Fleet standard cost Additional cost for consideration (Radio, city logo, licensing) TOTAL $1,800.00 $43,441.86 Page 29 of 440 Back to Agenda STANDARDS FOR VEHICLES Pnlicc I]ennrtmenl Standard Vehicle Model Chassis Sedans Drive Train color Graphics Accessories Ford Automatic Black City Decal Lights SUV 2WD Vehicle Number Radios 4WD Antennas AWD Public Works and Planning Standard Truck Model Chassis Cab Size Drive Train Color Graphics Accessories Ford 1/2 Ton Regular Automatic White Clty Logo Lights 3/4Ton Extended 2WD Truck Number` Radios 1 Ton Crew Cab 4WD Antennas Tool Boxes Administration and Plannina Standard Vehicle Tvae Chassis Drive Train Color Graphics Accessories Electric Sedans Automatic White City Logo Lights Biofuel SUV 2WD Vehicle Number Radios - - - 4WD Antennas AWD I have reviewed the vehicles / equipment listed above and request approval for purchase. Imen irector ate -- Approved for purchase by: J"'m . / I,;� � k)(ca) ER Representative Date Page 30 of 440 Back to Agenda Tony Lan From: NOREPLY@des.wa.gov Sent: Wednesday, December 23, 2020 2:43 PM To: Tony Lang Cc: noreply@des.wa.gov Subject: Vehicle Quote - 2020-12-589 - PORT ORCHARD, CITY OF - 21802 Vehicle Quote Number: 2020-12-589 Create Purchase Request View organization purchase requests This is a quote only. You must create a purchase request to order this vehicle(s) Contract & Dealer Information Contract #: 05916 Dealer: Columbia Ford (W403) 700 7th Avenue Longview WA 98632 Organization Information Organization: PORT ORCHARD, CITY OF - 21802 Email: tlang@cityofportorchard.us Quote Notes: Vehicle Location: PORT ORCHARD Color Options & Qty Oxford White (ZI) - 1 Tax Exempt: N Vehicle Options Order Code Option Description 2021-0821-0001 2021 Ford F250 Pickup, 4WD Dealer Contact: Marie Tellinghlusen Dealer Phone: (360) 423-4321 Ext: 187 Dealer Email: orders@colford.com 2021-0821-0011 Alternative Cab/Wheelbase: Extended Cab, 148WB, 6.75ft box, 10000# GVWR, 3560# Payload (X2B/148WB) 2021-0821-0029 Dual Batteries, 78AH, 1500 CCA Total (Included with diesel) (86M) 2021-0821-0030 240 Amp Alternator (Only available with 6.21- Gas Engine) (67E) 2021-0821-0033 Power Equipment Group - Regular/Extended Cabs (Includes power door locks and windows, manual - folding, manually -telescoping trailer tow mirrors with power heated glass, heated convex spotter mirror, power tailgate lock, Remote Keyless Entry, upgraded door -trim panel) (deletes passenger -side door lock cylinder) (Includes four (4) RKE Fobs w/ Integrated Keys) (90L/54R) 2021-0821-0035 LT245/75Rx17E BSW All -Terrain Tires (Not available w/ XLT Trim Upgrade) (TBM) I 2021-0821-0039 Platform Running Boards (Extended/Crew Cabs)(18B) 2021-0821-0050 LED Box Lighting (Includes LED Center High -Mounted Stop Lamp CHMSQ (Not available with Pickup Box Delete #66D) (66L) 1 Qty Unit Price Ext. Price 1 $27,079.00 $27,079.00 1 $2,218.00 $2,218.00 1 $201.00 $201.00 1 $82.00 $82.00 1 $1,097.00 $1,097.00 1 $158.00 $158.00 1 $426.00 $426.00 1 $57.00 $57.00 Page 31 of 440 Back to Agenda 2021-0821-0052 Tailgate Step (includes step and handle) (85G) 1 $360.00 $360.00 2021-0821-0056 Wheel Well Liner Package, Front and Rear Not available with Pickup Box Delete #66D 61N 1 $311.00 $311.00 2021-0821-0058 Splash Guards/Mud Flaps, Front and Rear (factory) (Not available with Pickup Box Delete #66D) 1 $125.00 $125.00 (61S/62S) 2021-0821-0061 Daytime Running Lamps (DRL) Non -configurable (replaces standard on/off controllable DRLs) (942) 1 $43.00 $43.00 2021-0821-0068 SYNC3 - Voice Recognition Communications (hands -free cell phone) (Includes Bin LCD capacitive 1 $431.00 $431.00 touchscreen In center stack with swipe capability, AppLink, 911 Assist, Apple CarPlay and Android Auto, (2) smart -charging USB-C ports, 110V/400W Outlet #43C) (Must also order Power Equipment Group #90L) (Included w/ XLT Trim Upgrade) (913) 2021-0821-0069 110V/400W Outlet (1) (includes one in -dash mounted outlet and 200-Amp Alternator) (to be ordered 1 $168.00 $168.00 w/ 40/20/40 seating) (included w/ XLT Trim) (43C) `2021-0821-0210 Floor Mats, HD Rubber Molded, Front (Weather Tech)(DI R) 1 $120.00 $120.00 2021-0821-0211 Floor Mats, HD Rubber Molded, Rear (Weather Tech) (DLR) 1 $100.00 $100.00 2021-0821-0213 Fire Extinguisher, 2.5# Dry Chemical ABC Rated w/ Mounting Bracket, uninstalled (DLR) 1 $40.00 $40.00 2021-0821-0214 Spray -In Bedliner (Line-X) (DLR) 1 $468.00 $468.00 2021-0821-0216 Service Manual, CD (DLR) 1 $221.00 $221.00 2021-0821-0217 Service Wiring Diagram, Paper (DLR) 1 $87.00 $87.00 2021-0821-0220 Spotlight, LED 61n Clear Lens, Pillar Mounted, Driver Side (Unity) (DLR) 1 $560.00 $560.00 2021-0821-0330 Side rail box - topside lift -up door (46L x 12H x 9W) (DRIVER SIDE) (Compatible with Adrian Cross 1 $630.00 $630.00 boxes on 6.5/6.75 or 8ft beds) (Adrian AD303-D) (TB330) 2021-0821-0331 Side rail box - topside lift -up door (46L x 12H x 9W) (PASSENGER SIDE) (Compatible with Adrian Cross 1 $630.00 $630.00 boxes on 6.5/6.75 or 8ft beds) (Adrian AD303-P) (TB331) 2021-0821-0362 Cab Rack - flat perforated aluminum sheet screen insert (MH EBY CBGD) (TB362) 1 $822,00 $822.00 2021-OB21-0368 Cab Rack Option - Minl-Lightbar Mount, 10x15, installed centered on cab guard. (EBY CBGD-BP) 1 $61.00 $61.00 (TB368) 2021-0821-0521 AMBER - Basic Amber Package, Installed [Includes two (2) amber grille lights; two (2) amber LED 1 $1,920.00 $1,920.00 inserts in reverse lenses; and NROADS 17in amber lightbar mounted on roof or cabguard; and six (6) button switch panel. Also includes single radio prewire (includes power and coax in roof).] (DWS-SD-A- 2) (DW521) Quote Totals 2 Total Vehicles: 1 Sub Total: $38,415.00 8.4 % Sales Tax: $3,226.86 Quote Total: $41,641.86 Page 32 of 440 Back to Agenda City of Port Orchard Council Meeting Minutes Regular Meeting of January 26, 2021 1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Ashby Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Lucarelli Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Staff present via Remote Access: Finance Director Crocker, Community Development Director Bond, Public Works Director Dorsey, HR Manager Lund, Deputy Police Chief Main, City Attorney Archer, and City Clerk Rinearson. Mayor Putaansuu stated pursuant to the Governor's Stay at Home, Stay Safe order, the City Council will be conducting the meeting via Zoom this evening. A. PLEDGE OF ALLEGIANCE Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to approve the agenda as presented. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. Page 33 of 440 Back to Agenda Minutes of January 26, 2021 PaRe2of7 4. CONSENT AGENDA A. Approval of Voucher Nos. 81264 through 81331 and 81338 through 81427, including bank drafts in the amount of $1,719,196.63 and EFT's in the amount of $237,866.58 totaling $1,957,063.21. B. Approval of Payroll Check Nos. 81332 through 81337 including bank drafts and EFT's in the amount of $243,196.69; and Direct Deposits in the amount of $178,732.73 totaling $421,929.42. C. Adoption of a Resolution Granting Final Plat Approval for McCormick Village (Resolution No. 009- 21) D. Adoption of a Resolution Approving the Purchase of Equipment for the Equipment Rental Revolving Fund 500 (Resolution No. 010-21) E. Approval of Amendment No. 1 to Contract No. 046-20 with Summit Law Group for Legal Services Related to Labor Negotiations and Relations to Set 2021 Rates Retroactive to January 1, 2021 F. Approval of Amendment No. 4 to Contract No. 023-17 with the Washington State Military Department for the Port Orchard Storage Building MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to approve the consent agenda as published. The motion carried. 5. PRESENTATION There were no presentations. 6. PUBLIC HEARING There were no public hearings. 7. BUSINESS ITEMS A. Adoption of an Ordinance Amending Port Orchard Municipal Code Chapters 20.200 and 20.204 Concerning 2018 Building Code and Fire Codes MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt an ordinance amending Port Orchard Municipal Code Chapters 20.200 and 20.204 to adopt the state updates to the City's building and fire codes. The motion carried. (Ordinance No. 004-21) B. Adoption of a Resolution Approving a Contract with SH&H Valuation and Consulting for Appraisal Service at Parcel #4650-011-001-0001 and Documenting Procurement Procedures Page 34 of 440 Back to Agenda Minutes of January 26, 2021 PaRe3of7 MOTION: By Councilmember Clauson, seconded by Councilmember Diener, to adopt Resolution No. 008-21, authorizing the Mayor to execute Contract No. CO24-21 with SH&H Valuation and Consulting for the 3-Approach Appraisal of the Kitsap Bank Parcel in an amount of $4,500, and documenting the Professional Services procurement procedures. The motion carried. C. Adoption of a Resolution Approving a Contract with Herrera Environmental Consultants, Inc. for the 2021 Stormwater and Watershed Comprehensive Plan — Phase I and Documenting Procurement Procedures MOTION: By Councilmember Lucarelli, seconded by Councilmember Clauson, to adopt Resolution No. 001-21, thereby approving Contract No. C001-21 with Herrera Environmental Consultants, Inc. for the 2021 Stormwater and Watersheds Comprehensive Plan — Phase I in the amount of $235,515. The motion carried. D. Adoption of a Resolution Approving an Agreement with the Department of Revenue for Business License Services MOTION: By Councilmember Chang, seconded by Councilmember Cucciardi, to adopt a Resolution, authorizing the Mayor to enter into the Business Licenses Service Agreement with Department of Revenue. The motion carried. (Resolution No. 011-21 and Contract No. 025-21) E. Approval of Change Order No. 1 to Contract No. 020-20 with GGLO, LLC for the Downtown County Subarea Plan MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to approve a change order and supplemental services agreement for Contract CO20-20 with GGLO, LLC. The motion carried. F. Approval of Memorandums of Understanding with the Guild Representing Patrol Officers and the Guild Representing Sergeants Regarding Annual Vacation Carryover MOTION: By Councilmember Diener, seconded by Councilmember Cucciardi, to authorize the Mayor to sign a Memorandum of Understanding with the Police Guild representing Patrol Officers and a Memorandum of Understanding with the Police Guild representing Sergeants to provide for an increase in the annual vacation cap. Page 35 of 440 Back to Agenda Minutes of January 26, 2021 Page 4 of 7 The motion carried. (MOU's to Contracts No. 046-19 and 047-19) G. Approval of the January 12, 2021, City Council Meeting Minutes MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to approve the minutes as published. The motion carried. 8. DISCUSSION ITEMS (No Action to be Taken) A. Donation Policy for Public Spaces Accessories Mayor Putaansuu explained we receive requests from people downtown wanting to donate memorial benches. We accepted one last summer with the Rotary Club and Councilmember Ashby said in the future, she would like to see a policy. Bainbridge Island has a policy and what is being presented tonight is similar to their policy. It is cost prohibitive and not a good use of our time to procure these 1 or 2 benches here and there. Councilmember Clauson reported he is working with one of the service clubs to purchase a bench that would be donated to the City. He wanted to make sure Council was aware and asked if anyone had any objections. No one voiced their objections. Additional discussion was held regarding the policy, service clubs and benches, maps, Chimes and Lights, art pieces, and Bay Street Pedestrian Path donations. Mayor Putaansuu said he is hoping to have this on an agenda in February for adoption. B. Department of Emergency Management (DEM) Funding Related to COVID-19 Response Mayor Putaansuu explained the Cares Act covered emergency operations, but it ran out. We are hopeful there is another funding package coming, but there is not one yet. The Department of Emergency Management is spending money and the County is covering those expenses. We know that these operational expenses are covered by FEMA at 75%. We currently have a population -based formula for our dues and the County is asking that we apply that population -based formula, which we represent about 6% of the County, for these additional operational expenses. He spoke to best and worst -case scenarios. Additional discussion was held regarding funding capital improvements, existing County interlocal agreement, budget process, and maximum dollar amounts. Page 36 of 440 Back to Agenda Minutes of January 26, 2021 Paee 5 of 7 Mayor Putaansuu this will be back on the agenda in February. C. Gorst Coalition Memorandum of Understanding Mayor Putaansuu said this organization is still in its formation. The Transit Board agency has agreed to work with them. Overall, the agreement is pretty good, but he has some reservations regarding Section 5 [Fiduciary Responsibilities and Financing of Coalition]. City Attorney Archer said as the section is currently written, it calls for payment by the City of an amount within the range of $20,000 to $450,000. It is written in a way that the City has the option to choose what to pay within that range, and if it deviates from that range, the deviation has to be approved by the co-chair committee. This committee is not a committee the City would be a party to based upon the definitions listed. If Council would like to opt for an amount outside of that range, we can offer an amendment or another edit to this draft, without approval by the co-chair. Additional discussion was held regarding Tiers 1 through 3 [Parties affected by Gorst], sharing costs, more clarification needed on portions of the memorandum, and annual budget. Mayor Putaansuu said he hopes to have this for adoption or more discussion at the next City Council meeting and asked the City Attorney to provide a follow-up of the concerns and budget discussed tonight. 9. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Finance Committee is scheduled to meet February 16tn. The Economic Development and Tourism committee is scheduled to meet February 8tn. The Utilities Committee is scheduled to meet February 9tn. The Land Use Committee is scheduled to meet February 10tn Councilmember Ashby reported on the January 26tn Transportation Committee meeting. A brief discussion was held regarding City roads and sidewalks. Councilmember Rosapape reported the Lodging Tax Committee will be meeting sometime in March. Councilmember Ashby reported on the PSRC [Puget Sound Regional Council] Transportation Policy Board, and KRCC [Kitsap Regional Coordinating Council]. Mayor Putaansuu reported on the Kitsap Public Health Board and COVID-19, Housing Kitsap and Cares funding, and his attendance at the AWC [Association of Washington Cities] Mayor's Exchange. 10. REPORT OF MAYOR Page 37 of 440 Back to Agenda Minutes of January 26, 2021 Page 6 of 7 The Mayor reported on the following: • South Kitsap Community Events Center interlocal agreement; • $1.2 million dollar request in the capital budget for the marina pump station; • Kitsap Bank parcel appraisal and Master Plan; and • In accordance with Ordinance No. 008-20, 'Delegating Authority to the Mayor for Creation and Modification of Job Descriptions', he reported on minor edits to the job description for the Civil Engineer I position. 11. REPORT OF DEPARTMENT HEADS City Clerk Rinearson reported she is looking into a new platform of Zoom called 'Webinars' and also reported on Laserfiche progress. Mayor Putaansuu provided social media updates. Public Works Director Dorsey thanked Council for allocating $24,000 for the study on the splash pad. Finance Director Crocker reported on an app for the City's utility customers which will allow them to use their phone to manage their accounts and pay their bills. City Attorney Archer reported the Open Public Meetings Act and the Public Records Act proclamations have been extended indefinitely for the life of the emergency. GOOD OF THE ORDER In response to Councilmember Cucciardi, City Attorney Archer noted the City took care of items that were expiring December 315c Councilmember's Rosapepe, Ashby, Clauson, and Lucarelli reported they received their COVID-19 vaccinations. Councilmember Clauson said Kitsap Transit set up an arrangement with Peninsula Community Health Organization and provided them space for a community vaccination site. 12. CITIZEN COMMENTS Greg Wall, Vice President of South Kitsap School supporters, spoke to the school levy election and asked for the City's support. Jeff Dailey, voiced his concerns with the school levy and spoke to education and salaries. Councilmember Clauson explained the Council cannot take a position on this issue unless we have an opportunity for the public to comment for, or against, the levy. Page 38 of 440 Back to Agenda Minutes of January 26, 2021 Page 7 of 7 13. EXECUTIVE SESSION At 8:01 p.m. Mayor Putaansuu recessed the meeting for a 20-minute executive session to discuss litigation that has been threatened to which an agency is likely to become a party, pursuant to RCW 42.30.110(1)(i). City Attorney Archer, Attorney Mr. Miller, Attorney Ms. Trivett, Community Development Director Bond, Public Works Director Dorsey, City Clerk Rinearson and Finance Director Crocker were invited to attend, and City Attorney Archer announced no action will follow. At 8:21 p.m., Mayor Putaansuu extended the executive session an additional 10-minutes. At 8:31 p.m., Mayor Putaansuu reconvened the meeting back into session. 14. ADJOURNMENT The meeting adjourned at 8:31 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 39 of 440 Agenda Item No. Subject City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Public Hearing 6A Public Hearing on an Ordinance to Adopt an Adjusted Traffic Impact Fee Meeting Date: Prepared by: Atty Routing No. Atty Review Date Back to Agenda February 9, 2021 Nicholas Bond, AICP DCD Director Development -Matter 11 January 12, 2021 Summary: In 2015, the City adopted an impact fee ordinance and adopted traffic impact fees for the first time. The impact fee study adopted at that time recommended that the City reevaluate the traffic impact fee amount every 3-4 years. In late 2019, the City started this process, but the preparation of the fee study was delayed by the McCormick Communities Development Agreement for Transportation negotiation. The public hearing and adoption of an ordinance for that development agreement are also on this meeting's agenda (Agenda Items 613 and 7A). Since 2015, the project cost estimates for the projects in the City's capital facilities plan have risen significantly. These projects include the Tremont Street project, which was estimated at $17,500,000 in 2015 and was completed at a cost of approximately $24,000,000. Additionally, since 2015 the City has completed the Bethel/Sedgwick Corridor Study and developers have provided more refined cost estimates for these projects. In 2019, the City hired TSI to prepare an updated traffic impact fee study and fee schedule. This study was completed in December 2020 and identified a proposed fee of $4,943 per peak pm trip. This is an increase from the current fee of $2,552 per peak pm trip. This fee increase will ensure that development pays its share of building out the transportation system in Port Orchard and will allow the City to deliver projects more quickly than at the currently adopted amount. With the approval of the McCormick Woods development agreement, the City can move to a citywide fee amount, rather than the current system whereby McCormick Woods impact fees are collected and accounted for separately, for use on a narrower project list. Relationship to Comprehensive Plan: Traffic impact fees are used to fund the planning and construction of projects on the City's 6-year and 20-year Transportation Improvement Program (TIP). The TIP is incorporated into the Comprehensive Plan by reference. Recommendation: Staff recommends that the City Council hold a public hearing on an ordinance adopting an adjusted traffic impact fee. Fiscal Impact: The proposed ordinance increases the City's transportation impact fees while maintaining school and park impact fee schedules. The transportation fees will increase as follows: Page 40 of 440 Back to Agenda Staff Report Page 2 of 2 Old Traffic Impact Fee New Traffic Impact Fee Per Peak PM Trip $2,552 $4,943 Per New Single -Family Home $2,552 $4,894 Low -Rise Multi -family $1,582 $2,768 This increase will raise transportation revenues for the city to help pay for completion of specified transportation projects as listed in the attached report. Alternatives: Do not approve the ordinance; request changes to the ordinance. Attachments: Ordinance; Appendix A Traffic Impact Fee Rate Update; Appendix B Park Impact Fees 2015 (for reference only); Appendix C School Impact Fee 2015 (for reference only). Page 41 of 440 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGARDING TRANSPORTATION IMPACT FEES; AMENDING SECTION 20.182.060 OF THE PORT ORCHARD MUNICIPAL CODE TO ADOPT A NEW TRANSPORTATION IMPACT FEE SCHEDULE, CLARIFYING ADOPTION PROCEDURES AND INDEXING TRANSPORTATION IMPACT FEES TO CPI-U; ADDING A NEW SECTION 20.182.125 TO THE PORT ORCHARD MUNICIPAL CODE TO DESIGNATE THE CITY'S 6 YEAR/20 YEAR TRANSPORTATION IMPROVEMENT PLAN AS THE CAPITAL FACILITIES PLAN FOR TRANSPORTATION; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A RCW and related sections ("GMA") requires the City to adopt a Comprehensive Plan that provides adequate public facilities to serve development; and WHEREAS, counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing or system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees; and WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for public streets and roads, publicly owned parks, open space, and recreation facilities, and school facilities, and fire protection facilities; and WHEREAS, the City of Port Orchard has adopted transportation, school, and park impact fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC) and Appendices A-C in Exhibit 1 of Ordinance 019-17; and WHEREAS, the City Council finds that new development activity in the City of Port Orchard will create additional demand and need for public facilities; and WHEREAS, the City of Port Orchard has previously adopted a transportation impact fee program pursuant to the authority provided in Chapter 82.02 RCW; and WHEREAS, in 2015 the City's current transportation impact fee rate was established at $2,552 per new PM peak hour trip, with a separate impact fee rate of $560 per new PM peak Page 42 of 440 Back to Agenda Ordinance No. Page 2 of 5 hour trip applied to growth in the McCormick Woods PUD; and WHEREAS, this year the City Council adopted the City's 6 Year/20 Year Transportation Improvement Plan (TIP) as part of the City's Comprehensive Plan (Ordinance 015-20); and WHEREAS, the City Council desires to adopt an updated transportation impact fee schedule to ensure that all projects on the current TIP receive appropriate impact fee funding per RCW Section 82.02.050; and WHEREAS, the City Council deems it in the best interests of the city of Port Orchard to formally designate the TIP as the "capital facilities plan" for the purpose of identifying the proposed transportation improvements reasonable and necessary to meet the future development needs of the service area consistent with the city's level of service policy, as required by RCW 82.02.050; and WHEREAS, the City contracted with Transportation Solutions, Inc. to prepare an updated transportation impact fee rate study and recommended impact fee rate, which was provided to the City in December 2020 (Exhibit A); and WHEREAS, the City has prepared an updated transportation impact fee schedule based on the findings and recommendations of the study prepared by Transportation Solutions, Inc., and WHEREAS, on January 19, 2021, the City Council held a study session on the updated transportation impact fee schedule; and WHEREAS, on February 9, 2021, at its regular meeting the City Council held a public hearing on this ordinance, considered the updated transportation impact fee schedule and the public testimony, and reviewed the ordinance proposed for its adoption; and WHEREAS, the transportation, parks and school impact fees are currently adopted as appendices to Chapter 20.182 of the Port Orchard Municipal Code, and WHEREAS, the City Council desires to directly adopt the transportation, parks, and school impact fees by ordinance, for ease of reference and use; and WHEREAS, this ordinance is exempt from the requirements of the State Environmental Policy Act (SEPA), Chapter 43,21C RCW, and the City's environmental Page 43 of 440 Back to Agenda Ordinance No. Page 3 of 5 regulations, Chapter 20.160 POMC; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as findings in support of this ordinance. SECTION 2. Subsection 20.182.060 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.060 Fee schedules and establishment of service area. (1) Impact fee schedules setting forth the amount of the impact fees to be paid by developers aFe listed On the appendices attached to the „Fdin nee adapting this dray,+.,~ shall be adopted by ordinance of the City Council and incorporated herein by this reference. The read „r tFan peFt tier ; act fee schedule is On Appendix A aFk irAp f,,,,s are in A"" RdiX B "d-g-,.h,,,,i ; aGt fees aFe OR A"" Rdix r The impact fee schedules may be revised at any time the city council deems just and appropriate. (2) For the purpose of road and park impact fees, the entire city shall be considered one service area. (3) For the purpose of school impact fees, the entire boundary of the school district shall be considered one service area. (4) Transportation impact fees adopted by the City shall automatically increase annually per CPI-U (All Urban Consumers Index) (1982-1984=100), not seasonally adjusted, for the Seattle -Tacoma -Bellevue area forthat 12-month period from January 11to December 311 Indexed as the Annual Average, as is specified by the Bureau of Labor Statistics, United States Department of Labor. Increases based on CPI-U shall take effect on March 11 of the following vear. SECTION 3. A new subsection 20.182.125 is hereby added to the Port Orchard Municipal Code to read as follows: 20.182.125 Designation of Capital Facilities Plan for Transportation. The city designates the 6 Year/20 Year Transportation Improvement Plan (TIP) as the Page 44 of 440 Back to Agenda Ordinance No. Page 4 of 5 City's comprehensive capital facilities plan for the purpose of identifying the proposed transportation improvements reasonable and necessary to meet the future development needs of the service area consistent with the city's level of service policy, as required by RCW 82.02.050. The TIP identifies the specific subset of transportation improvements in the impact fee project list that forms the basis for the transportation impact fee program. SECTION 4. Adoption of Transportation Impact Fee Schedule. The City hereby adopts a new transportation impact fee schedule which is included as a part of Exhibit A to this ordinance, in accordance with POMC 20.182.060. This transportation impact fee schedule shall become effective on the effective date established in Section 9 below and shall replace and supersede any previously adopted transportation impact fee schedule. SECTION S. Park and School Impact Fees Unchanged. The park and school impact fee schedules that were previously adopted by the City Council shall remain in effect and are respectively shown on Exhibits B and C of this ordinance. SECTION 6. Sections 4 and 5 of this Ordinance are deemed of special effect and shall not be codified. SECTION 7. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause, or phrase of this ordinance. SECTION 8. Corrections. Upon the approval of the city attorney, the city clerk, and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 9. Effective Date. This ordinance shall be in full force and effect five (5) days after publication as provided by law. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. Page 45 of 440 Back to Agenda Ordinance No. Page 5 of 5 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 9t" day of February 2021. Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Robert Putaansuu, Mayor Sponsored by: Scott Diener, Councilmember EXHIBIT A: TRANSPORTATION IMPACT FEE SCHEDULE WITH RATE STUDY (2021) EXHIBIT B: PARKS IMPACT FEE SCHEDULE (EXISTING) EXHIBIT C: SCHOOL IMPACT FEE SCHEDULE (EXISTING) Page 46 of 440 Back to Agenda Transportation .� p INNOVATIVE I PRACTICAL Solutions I EQUITABLE TRANSPORTATION IMPACT FEE RATE STUDY 2020 UPDATE FINAL REPORT December 2020 Prepared for: City of Port Orchard Prepared by: Transportation Solutions, Inc. 16932 Woodinville -Redmond Rd NE Suite A206 Woodinville, WA 98072 Page 47 of 440 Back to Agenda City of Port Orchard 2020 Transportation Impact Fee Rate Update Table of Contents 1. Introduction....................................................................................................................................... 1 Definitionof Impact Fees.................................................................................................................................... 1 Statutory Basis for Impact Fees.......................................................................................................................... 1 2. Impact Fee Analysis............................................................................................................................ 2 Methodology...................................................................................................................................................... 2 Current Impact Fee Methodology...................................................................................................................... 2 Projects Eligible for Impact Fees......................................................................................................................... 2 EligibleProject Costs........................................................................................................................................... 3 ImpactFee Calculation....................................................................................................................................... 3 Sample Transportation Impact Fees................................................................................................................... 6 3. Additional Issues for Consideration..................................................................................................... 6 Anticipated Annual Revenues from Impact Fees................................................................................................ 6 AnticipatedGrant Revenue................................................................................................................................ 6 Anticipated Need for Other Public Funds........................................................................................................... 7 4. Transportation Impact Fee Rate Comparison....................................................................................... 7 S. Credits and Adjustments..................................................................................................................... 7 ImpactFee Credits.............................................................................................................................................. 7 IndependentFee Calculation.............................................................................................................................. 8 Construction Cost Index Adjustment.................................................................................................................. 8 6. Conclusions........................................................................................................................................ 8 Appendices Appendix A. Transportation Impact Fee Project List Appendix B. Transportation Impact Fee Rate Schedule Appendix C. Comparison of 2019-2020 TIF Rates in Western Washington 1 :-& ..i T..L.1.... Table 1. Impact Fee -Eligible Transportation Improvement Projects...................................................................... S Table 2. Transportation Impact Fee Comparison for Typical Land Uses................................................................. 6 Transportation Solutions, Inc. December 2020 Page 48 of 440 Back to Agenda City of Port Orchard 2020 Transportation Impact Fee Rate Update 1. Introduction This document summarizes the development of an updated transportation impact fee rate for the City of Port Orchard. It describes the existing impact fee rate, the basis for the fee, the rate methodology, the impact fee project list, and the recommended fee rate. Definition of Impact Fees Impact fees are a comprehensive grouping of charges based on new development within a local municipality. These fees are assessed to pay for capital facility improvement projects necessitated by new development growth (including but not limited to parks, schools, and streets/roads). Transportation impact fees are collected to fund improvements that add capacity to the transportation system, accommodating the travel demand created by new development. The Revised Code of Washington (RCW) Section 82.02.050 identifies the intent of impact fees as the following: • To ensure that adequate facilities are available to serve new growth and development; • To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and • To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact. Statutory Basis for Impact Fees Transportation impact fees are a financing mechanism authorized by the Growth Management Act (GMA) of Washington State (see RCW 36.70A.070 and 82.02.050). State law imposes strict limitations on impact fees. These limitations are intended to assure property owners that the fees collected are reasonably related to their actual impacts and will not be used for unrelated purposes. If impact fees are imposed, the funds collected from developments can be expended only on transportation system improvements which are: (a) identified in the comprehensive plan as needed for growth, and (b) reasonably related to the impacts of the new development from which fees are collected. Specifically, condition (a) requires that impact fees are not used on improvements needed to remedy existing deficiencies. Those needs must be entirely funded from public sector resources. Condition (b) is satisfied if the local government defines a reasonable service area, identifies the public facilities within the service area that require improvement during the designated planning period, and prepares a fee schedule taking into account the type and size of the development as well as the type of public facility being funded. To achieve the goal of simplicity, impact fee calculations are applied on an average basis for the entire transportation system, rather than project -by -project. This is a key difference between impact fees and State Environmental Policy Act (SEPA) mitigation, whereby pro-rata shares of specific project improvements are collected. Pre -calculated impact fees are easier to administer than traditional SEPA development mitigation, at the point of development review. However, more complex administrative procedures are necessary to track Transportation Solutions, Inc. 1 December 2020 Page 49 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update the funds collected from each development. This is necessary to assure that the funds are expended only on eligible transportation system improvements and to assure that impact fee revenues are used within six years. Fees not expended within six years must be refunded with interest to the current owner of the property. The methodology and results described below are consistent with the requirements of the GMA. The procedures and recommendations described herein can be formally enacted by an impact fee ordinance incorporating this memo by reference. 2. Impact Fee Analysis Methodology The conceptual basis for the transportation impact fee is that growth (i.e. new development) should pay a proportionate share of the cost to provide future transportation capacity. This proportionate share is calculated based on the estimated cost of growth -related transportation improvement projects identified in the Comprehensive Plan and on an estimate of growth's share of capacity utilization for each project. The impact fee analysis is limited to projects that provide capacity improvements needed for growth. Projects related to maintenance, such as pavement overlays and physical obsolescence, as well as improvements necessary to mitigate existing capacity deficiencies, are not eligible for impact fee funding. However, agencies have been encouraged by the Department of Commerce to consider multimodal transportation improvements and, to that end, shoulder widening, sidewalks, bike lanes and parallel trails are reasonable to include as both motorized and nonmotorized capacity enhancements. Current Impact Fee Methodology The Port Orchard transportation impact fee program was developed and adopted in 2015 as ordinance number 023-15 and later reorganized under ordinance number 019-17. The impact fee methodology is based on proportionate growth share of impact fee eligible project costs. As of December 2020, the transportation impact fee rate is $2,552 per new PM peak hour trip. A separate impact fee rate of $560 per new PM peak hour trip is applied to growth in the McCormick Woods PUD. This rate represents the difference between the citywide rate and a GEM1 fee rate of $1,992 per trip which was required per the McCormick Woods Development Agreement adopted in 2005. Projects Eligible for Impact Fees Not all planned transportation projects and programs are eligible for impact fees. Planned improvement project are divided below into the following categories in order to establish a list of qualifying projects that will form the basis for the Port Orchard impact fee rate: • Project Improvements • Planned Transportation Projects needed within 20 years • Maintenance Projects Protect Improvements Project improvements are transportation improvements necessary for a specific development that do not provide significant system benefits. These are typically low -volume local streets that serve driveways and parking areas. They may provide connections to other developments, but not for the purpose of Transportation Solutions, Inc. 2 December 2020 Page 50 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update significant system capacity. Other project improvements include safety improvements and new access connections to existing arterials that serve only one development. Project improvements are typically required by other development regulations or as SEPA mitigation for specific development impacts not anticipated in the Comprehensive Plan. Project improvements are not eligible for impact fees. For the purpose of this rate analysis, roadway extensions that connected existing developments, but were not significant arterials, were considered project improvements that could be required under other City codes and regulations but would not be included in the impact fee calculation. Planned Transportation Projects The Port Orchard 2021-2040 Transportation Improvement Program (TIP) identifies transportation projects which are needed to serve traffic growth for the next twenty years. Projects with capacity benefits are eligible for impact fee funding. Capacity -related improvements may include adding turn lanes, lane widening or separating non -motorized modes, adding signals or roundabouts for intersection capacity, or other improvements. The methodology for roadway capacity calculation is described in the Transportation Element of the Comprehensive Plan. The proportional share of these projects reasonably related to growth are eligible for impact fees. Maintenance Proiects Maintenance programs, general studies, and non -capital activities are generally not eligible for impact fees. A component of ongoing pavement preservation could be eligible for impact fees if it is demonstrated that growth increases the magnitude of pavement reconstruction requirements. For instance, if existing conditions require a two-inch asphalt overlay, but added traffic from growth requires a three-inch asphalt overlay to achieve the same pavement life, the cost of the additional inch of asphalt could be attributed to growth. If the overlay or reconstruction provides increased lane width, intersection improvements, or shoulder widening the cost of the expansion could be considered eligible. Eligible Project Costs Impact fee eligible projects and their estimated costs are identified in Table 1. These costs include various elements which are necessary for the construction of transportation improvements, including design, permitting, right-of-way, construction, and construction management. Ongoing or future maintenance is not an eligible impact fee cost. TIP projects which are not capacity -related, or which are considered maintenance projects/programs are not included in the TIF project list. Impact Fee Calculation The impact fee was calculated based on the increase in PM peak hour vehicle trips resulting from growth, the cost of improvements related to growth, and the City's transportation financing strategy, as defined in the 2016 Comprehensive Plan. The calculation methodology is described below. Local Funding Responsibility Roadway projects are generally eligible for state and federal grant funds. These funds are not predictable and vary in amount by grantor. Additionally, cost -sharing agreements with Washington State Department of Transportation (WSDOT) and Kitsap County are anticipated to reduce some of the City's project cost responsibility. This analysis assumes the City will be responsible for 50 percent of total impact fee -eligible project costs over the 20-year planning horizon, with the other 50 percent anticipated to be funded by grant and intergovernmental revenue roadway projects. Transportation Solutions, Inc. 3 December 2020 Page 51 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Exceptions were applied to the following projects which are anticipated to be fully funded by the City of Port Orchard or by local development, with no grants or intergovernmental revenue: • Bethel/Sedgwick Corridor Phase 1 Design (TIP #1.3) • Old Clifton Rd Design — 60% (TIP #1.5A) • Old Clifton Rd & Campus Parkway roundabout (TIP #1.5C) • Old Clifton Rd & McCormick Woods Dr roundabout (TIP #2.08) • Glenwood Connector Roadway (per development agreement) • Feigley Rd improvements (per development agreement) Proportionate Share of Project Cost Growth's proportionate share of each improvement project was calculated as the proportion of added capacity which will be used by new development trips, per the Port Orchard travel demand model. The Port Orchard travel demand model was most recently updated and recalibrated in 2019. It incorporates trip generation data published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10r" Edition and calibrated to fit 2019 weekday PM peak hour traffic counts. The travel demand model trip distribution and traffic assignment procedures were calibrated based on regional and national guidance, including the Kitsap County travel demand model and Federal Highway Administration travel demand model calibration guidance, in addition to local engineering expertise and traffic counts. To generate 2040 PM peak hour travel demand forecasts, the calibrated 2019 PM travel demand model was modified to include housing and employment growth forecasts identified in the Port Orchard Comprehensive Plan. A total of 7,352 new weekday PM peak hour trips are anticipated citywide between 2019 and 2040. These new trips were assigned to the transportation network, resulting in traffic growth forecasts for each intersection and roadway segment on the TIF project list. The proportionate growth share of TIF project costs was calculated by dividing the 2019-2040 PM peak hour trip growth by the capacity contribution, in vehicles per hour, of each improvement project: Proportionate Share ofProject Costj= PM peak hr trip growth Added PM peak hr capacity The resulting proportionate share for each TIF project is identified in Table 1. Total project costs and growth share are summarized below: Total TIF Project Cost $145,863,474 Anticipated Grant & Intergovernmental Revenue $78,597,474 Anticipated City & Developer (Non -Grant) Responsibility $67,266,000 Growth/Development Share of Project Cost $36,343,224 Transportation Solutions, Inc. 4 December 2020 Page 52 of 440 Back to Agenda City of Port Orchard 2020 Transportation Impact Fee Rate Update Table 1. Impact Fee -Eligible Transportation Improvement Projects TIP IDl Project Name Cost Estimate ($) Local Share' ($) GrowthGrowth Share' N Share ($) DA Glenwood Connector Roadway 2,000,000 2,000,000 100% 2,000,000 1.1 Tremont St Widening CN Phase 23,600,000 7,570,000 24% 1,851,656 1.3 Bethel/Sedgwick Corridor Ph. 1 Design 1,211,000 1,211,000 24% 293,489 1.4 Old Clifton Rd/Anderson Hill Rd Roundabout 2,420,000 968,000 81% 786,112 1.5A Old Clifton Rd Design - 60% 562,000 562,000 100% 562,000 1.5C Old Clifton Rd/Campus Pkwy Roundabout 1,600,000 1,600,000 100% 1,600,000 1.7 Vallair Ct Connector 2,498,000 1,249,000 8% 96,697 2.01 Sidney Ave (N) Widening 13,113,000 6,557,000 48% 3,144,444 2.02 Sedgwick Rd West Design/ROW 1,444,000 722,000 100% 722,000 2.03 Sedgwick Rd West Constr. 4,331,000 2,166,000 100% 2,165,500 2.04A Bethel/Sedgwick Corridor Ph. 1 ROW/Constr. 14,360,000 7,180,000 24% 1,740,094 2.04B Bethel/Sedgwick Corridor Ph. 2 17,498,000 5,249,000 28% 1,464,306 2.04C Bethel/Sedgwick Corridor Ph. 3 6,111,000 1,833,000 5% 97,776 2.04D Bethel/Sedgwick Corridor Ph. 4 9,179,000 4,590,000 45% 2,067,975 2.04E Bethel/Sedgwick Corridor Ph. 5 11,059,000 5,530,000 100% 5,529,500 2.05 Sidney Rd (S) Widening 7,820,000 3,910,000 66% 2,593,367 2.06 Pottery Ave (N) Widening 1,998,000 999,000 28% 277,500 2.07 Old Clifton Rd Shoulder & Ped. Impr. 3,372,000 1,686,000 100% 1,686,000 2.08 Old Clifton Rd/McCormick Woods Dr Roundabout 1,600,000 1,600,000 100% 1,600,000 2.09 Melcher St Widening 749,000 375,000 7% 25,279 2.1 Fireweed Rd Widening 468,000 234,000 5% 11,700 2.12 Sherman Ave Widening 656,000 328,000 5% 16,400 2.13 Tremont St Widening Ph. 2 - PO Blvd 10,684,000 5,342,000 100% 5,342,000 2.14 Pottery Ave (S) Widening 5,245,000 2,623,000 16% 415,119 2.16 Blueberry Rd Widening 749,000 375,000 22% 80,518 2.17 Geiger Rd Widening 468,000 234,000 5% 11,700 2.18 Salmonberry Rd Widening 281,000 141,000 21% 28,803 2.19 Piperberry Way Extension 468,000 234,000 11% 25,665 2.21 Old Clifton Rd/Feigley Rd Roundabout 243,000 122,000 26% 31,150 DA Feigley Rd Improvements 76,474 76,000 100% 76,474 Total 145,863,474 67,266,000 54% 36,343,224 'Project ID number in Port Orchard 2021-2040 Transportation Improvement Program. DA = development agreement project zPortion of project cost which is anticipated to be funded by City of Port Orchard and developer funds (i.e. not funded by grants or intergovernmental revenue) 313ortion of added capacity which is used by growth (i.e. new development). Developer -funded projects are assigned 100% growth share. Transportation Solutions, Inc. 5 December 2020 Page 53 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Impact Fee Rate The citywide transportation impact fee rate was calculated by dividing the sum of the growth share of TIF project cost by the total citywide PM peak hour trip growth forecast, as shown: Development share of project costs _ $36,343,224 Citywide PM trip growth 7,352 new trips $4,943 / PM peak hour trip Sample Transportation Impact Fees Table 2 summarizes the fee rates which would be paid by several typical developments If the above calculated rate were adopted in an impact fee ordinance. A comprehensive transportation impact fee rate schedule is included in Appendix B. Table 2. Transportation Impact Fee Comparison for Typical Land Uses Land Use Type ITE 1 LUC Trip Rate Per Unit 2015 TIF Rate ($/unit) 2020 TIF Rate ($/unit) Single -Family Home 210 0.99 DU 2,552 4,894 Low -Rise Multifamily 220 0.56 DU 1,582 2,768 Senior Attached Housing 252 0.26 DU 638 1,285 General Office 710 1.15 1,000 ftz 3,803 5,684 Shopping Center 820 2.51* 1,000 ftz 6,406 12,110 Light Industrial 110 0.63 1,000 ft2 2,476 3,114 'Land Use Code and trip rates per Institute of Transportation Engineers Trip Generation Manual101" Edition *Includes 34% reduction for pass -by trips, per Institute of Transportation Engineers Trip Generation Handbook 3. Additional Issues for Consideration Anticipated Annual Revenues from Impact Fees The anticipated annual revenue from the proposed transportation impact fee, based on the travel demand growth forecast of 7,352 new trips by 2040, is shown below: 350 trips $4,943 * _ $1,730,050 / year year PM trip The transportation impact fee is anticipated to generate an average of $1,730,050 per year. This represents a 20-year average and may be more or less in any given year. Anticipated Grant Revenue Transportation improvement projects are generally eligible for state and federal grant funds. These funds are not predictable and vary in amount by grantor. The financing plan in the Transportation Element identifies a 50 percent grant and intergovernmental funding goal for roadway projects. This assumption is applied in the impact fee rate calculation. Transportation Solutions, Inc. 6 December 2020 Page 54 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Anticipated Need for Other Public Funds The anticipated impact fee revenue does not fully fund the non -grant share of TIF project costs. The anticipated need for other public funds is summarized below: Total TIF Project Cost $145,863,474 Anticipated Grant & Intergovernmental Revenue $78,597,474 Growth/Development Share of Project Cost $36,343,224 Remaining Unfunded Commitment (2019-2040) $30,922,776 The City will need to identify other revenue sources to fund the remaining unfunded revenue commitment of $30,922,776 associated with the TIF projects. This represents an annual funding commitment of $1,546,139. 4. Transportation Impact Fee Rate Comparison The City of Bellingham Public Works Department has compiled a list of transportation impact fee rates for 79 public agencies in western Washington. The full comparison chart is included in Appendix B. Provided below are current transportation impact fee rates for several agencies which are located near Port Orchard. The updated impact fee rate of $4,943 per PM trip would be just above the western Washington average rate, but far from the highest in western Washington. Western WA Maximum Transportation Impact Fee: City of Poulsbo Transportation Impact Fee: City of Gig Harbor Transportation Impact Fee: Proposed Port Orchard Transportation Impact Fee: Western WA Average Transportation Impact Fee: City of Bainbridge Island Transportation Impact Fee: Kitsap County Transportation Impact Fee: Western WA Minimum Transportation Impact Fee: 5. Credits and Adjustments Impact Fee Credits $14,064 (City of Sammamish) $5,397 $5,020 $4,943 $4,363 $1,687 $700 $589 (City of Oak Harbor) An applicant may request a credit for impact fees in the amount of the total value of system improvements, including dedications of land, improvements, and/or construction provided by the applicant. Credits should be considered on a case -by -case basis and shall not exceed the impact fee payable. Claims for credit should be made before the payment of the impact fee. Credits for the construction should be provided only if the land, improvements, and/or the facility constructed are listed as planned transportation projects in the Rate Analysis and Impact Fee Ordinance. Credits are not generally given for code -based frontage improvements or right -or -way dedications, or direct access improvements to and/or within the subject development (project improvements) unless the improvement is part of a project listed in the Rate Analysis and Impact Fee Ordinance. Transportation Solutions, Inc. 7 December 2020 Page 55 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Independent Fee Calculation An applicant may submit an independent fee calculation for a proposed development activity. The documentation submitted should be prepared by a traffic engineer licensed in Washington State and should be limited to adjustments in the trip generation rates used in the fee calculation. Construction Cost Index Adjustment Transportation impact fees should be adjusted yearly to account for inflation. Annual adjustments will be based on the All -Urban Consumers Index (CPI-U) for the Seattle -Tacoma -Bellevue area for the previous 12-month period from December to December as specified by the Bureau of Labor Statistics, United States Department of Labor. The CPI adjustment would take effect on March 1. 6. Conclusions The recommended transportation impact fee rate is $4,943 per new PM peak hour trip. Transportation Solutions, Inc. 8 December 2020 Page 56 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Transportation Solutions, Inc. Appendix A. Transportation Impact Fee Project List December 2020 Page 57 of 440 Back to Agenda City of Port Orchard Transportation Impact Fee Project List - 2020 Update TT VrTi di DA Glenwood Connector Roadway 2,000,000 2,000,000 100% 2,000,000 1.1 Tremont St Widening CN Phase 23,600,000 7,570,000 24% 1,851,656 1.3 Bethel/Sedgwick Corridor Ph. 1 Design 1,211,000 1,211,000 24% 293,489 1.4 Old Clifton Rd/Anderson Hill Rd Roundabout 2,420,000 968,000 81% 786,112 1.5A Old Clifton Rd Design - 60% 562,000 562,000 100% 562,000 1.5C Old Clifton Rd/Campus Pkwy Roundabout 1,600,000 1,600,000 100% 1,600,000 1.7 Vallair Ct Connector 2,498,000 1,249,000 8% 96,697 2.01 Sidney Ave (N) Widening 13,113,000 6,557,000 48% 3,144,444 2.02 Sedgwick Rd West Design/ROW 1,444,000 722,000 100% 722,000 2.03 Sedgwick Rd West Constr. 4,331,000 2,166,000 100% 2,165,500 2.04A Bethel/Sedgwick Corridor Ph. 1 ROW/Constr. 14,360,000 7,180,000 24% 1,740,094 2.0413 Bethel/Sedgwick Corridor Ph. 2 17,498,000 5,249,000 28% 1,464,306 2.04C Bethel/Sedgwick Corridor Ph. 3 6,111,000 1,833,000 5% 97,776 2.04D Bethel/Sedgwick Corridor Ph. 4 9,179,000 4,590,000 45% 2,067,975 2.04E Bethel/Sedgwick Corridor Ph. 5 11,059,000 5,530,000 100% 5,529,500 2.05 Sidney Rd (S) Widening 7,820,000 3,910,000 66% 2,593,367 2.06 Pottery Ave (N) Widening 1,998,000 999,000 28% 277,500 2.07 Old Clifton Rd Shoulder & Ped. Impr. 3,372,000 1,686,000 100% 1,686,000 2.08 Old Clifton Rd/McCormick Woods Dr Roundabout 1,600,000 1,600,000 100% 1,600,000 2.09 Melcher St Widening 749,000 375,000 7% 25,279 2.1 Fireweed Rd Widening 468,000 234,000 5% 11,700 2.12 Sherman Ave Widening 656,000 328,000 5% 16,400 2.13 Tremont St Widening Ph. 2 - PO Blvd 10,684,000 5,342,000 100% 5,342,000 2.14 Pottery Ave (S) Widening 5,245,000 2,623,000 16% 415,119 2.16 Blueberry Rd Widening 749,000 375,000 22% 80,518 2.17 Geiger Rd Widening 468,000 234,000 5% 11,700 2.18 Salmonberry Rd Widening 281,000 141,000 21% 28,803 2.19 Piperberry Way Extension 468,000 234,000 11 % 25,665 2.21 Old Clifton Rd/Feigley Rd Roundabout 243,000 122,000 26% 31,150 DA Feigley Rd Improvements 76,474 76,000 100% 76,474 Total Total Project Cost Local Share (Development + City) (%) Growth/Development Share ($) 2019-2040 PM Peak Hour Trip Growth (vph) 2020 Transportation Impact Fee Rate ($/trip) Remaining Unfunded Commitment ($) Annual Funding Commitment ($/yr) 145,863,474 $145,863,474 46% $36,343,224 7,352 $4,943 $30,922,776 $1,546,139 67,266,000 54% 36,343,224 Page 58 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Transportation Solutions, Inc. Appendix B. Transportation Impact Fee Rate Schedule December 2020 Page 59 of 440 Back to Agenda City of Port Orchard Traffic Impact Fee Rate Schedule — Residential (2020 Update) Code' ITE Land Use Category ITE Trip Rate Rate per it, Impact Fee per Unit 210 Single -Family Detached Housing 0.99 DU $4,894 $2,768 220 221 230 Low -Rise Multifamily Housing (1-2 floors) Mid -Rise Multifamily Housing (3-10 floors) Mid -Rise Residential w/ 1st Floor Commercial 0.56 DU 0.44 DU $2,175 0.36 DU $1,779 240 Mobile Home Park 0.46 DU $2,274 251 252 Senior Housing Detached 0.30 DU $1,483 Senior Housing Attached 0.26 DU $1,285 253 254 Congregate Care Facility 0.18 0.26 DU bed $890 $1,285 Assisted Living 260 270 Recreational Home Residential PUD 0.28 DU DU $1,384 0.69 $3,411 - - Accessory Dwelling Unit (<— 450 sf) Accessory Dwelling Unit (> 450 sf) 0.56 DU t DU $2,768 $1,384 0.28 1 Institute of Transportation Engineers, Trip Generation Manual (10th Edition) 2 Trip generation rate per development unit for PM peak hour of the adjacent street traffic (4-6 PM) 3 DU = Dwelling Unit ORCHARD_ Transportation ion Solutions •� p INNOVATIVE I PRACTICAL I EQUITABLE Page 60 of 440 Back to Agenda Citv of Port Orchard Traffic Impact Fee Rate Schedule - Non -Residential LUC 1-799 (2020 Update) ITE PORT AND i ITE Land Use Category TERMINAL Base TripE%Priipma:ry Rate2 Net Trip Rate Rate per Unit 3 Impact Fee per Unit 30 Intermodal Truck Terminal Park and Ride with Bus Service 1.87 1.870 1 $9 243 2125 90 INDUSTRIAL110 1 0.43 * 0.430 s ace General Light Industrial Industrial Park Manufacturing Warehousing Mini Warehouse Utilities ISoecialitv Trade Contractor 0.63 0.630 KSF $3114 130 0.40 0.400 KSF $1 977 140 0.67 0.670 KSF $3 312 150 0.19 * 0.190 KSF $939 151 0.17 0.170 KSF $840 170 180 LODGING 2.27 1.97 2.270 KSF KSF $11,221 9 738 1.970 310 Hotel 0.60 0.600 room $2,966 311 All Suites Hotel 0.36 * 0.360 room $1 779 312 Business Hotel 0.32 0.320 room $1 582 320 RECREATIONAL Motel 0.38 * 0.380 1 room 1878 411 1 Public Park 0.11 0.110 acre $544 416 Cam round/RV Park 0.27 * 0.270 site $1 335 430 Golf Course 0.28 * 0.280 acre $1 384 432 Golf DrivingRange 1.25 * 1.250 tee $6179 433 Baffin Cages 2.22 * 2.220 cage $10 973 434 Rock ClimbingGym 1.64 1.640 KSF $8107 435 Multi -Purpose Recreational Facility 3.58 3.580 1 KSF $17 696 437 Bowlinq Allev 1.16 * 1.160 KSF $5 734 444 Movie Theater 14.60 * 14.600 screen $72168 445 Multiplex Movie Theater 13.73 * 13.730 screen $67 867 488 Soccer Complex 16.43 * 16.430 field $81 213 490 Tennis Courts 4.21 4.210 court $20 810 491 Racquet/Tennis Club 3.82 1 1 3.820 court $18 882 492 1 Health Fitness Club 3.45 * 3.450 1 KSF $17 053 493 lAthletic Club 6.29 6.290 1 KSF $31 091 495 INSTITUTIONAL 1 Recreational Community Center 2.31 2.310 1 KSF 11 418 520 1. Public Elementary School 1.37 1.370 1 KSF 1 $6 772 522 Public Middle/Junior High School 1.19 * 1.190 KSFE$4,795 882 530 Public High School 0.97 0.970 KSF 537 Charter Elementa School 0.14 * 0.140 student692538 School District Office 2.04 * 2.040 KSF 084540 Junior/Communi Colle a 1.86 * 1.860 KSF194 560 Church 0.49 0.490 KSF $2 422 565 Day Care Center 11.12 44% 4.893 KSF $24185 566 Cemetery 0.46 * 0.460 acre $2 274 571 Prison 0.05 * 0.050 bed $247 575 Fire & Rescue Station 0.48 * 0.480 KSF $2 373 590 MEDICAL Library 8.16 * 8.160 KSF 40 335 610 Hospital 1 0.97 1 1 0.970 1 KSF 1 $4 795 620 Nursing Home 0.59 * 0.590 KSF $2 916 630 Clinic 3.28 * 3.280 KSF $16 213 640 Animal Hospital/ Veterinary Clinic 1 3.53 1 1 3.530 1 KSF 1 $17 449 650 OFFICE Freestandino Emeraency Room 11.52 1.520 1 KSF 7 513 710 General Office 1.15 * 1.150 KSF $5,684 712 Single -Tenant Office <5 000 s 2.45 * 2.450 KSF $12110 715 Single Tenant Office >5 000 s 1.71 * 1.710 KSF $8 453 720 Medical/DentalOffice 3.46 * 3.460 KSF $17103 730 Government Office Building1.71 * 1.710 KSF $8 453 732 US Post Office 11.21 11.210 KSF $55 411 733 Govemment Office Complex 2.82 2.820 KSF $13 939 750 lOffice Park 1 Research and Development Center 1 Business Park 1.07 * 1.070 KSF $5 289 760 0.49 * 0.490 0.420 KSF KSF $2 422 $2 076 770 0.42 * ' Institute of Transportation Engineers, Trip Generation Manual (10th Edition) 2 Trip generation rate per development unit, for PM Peak Hour of the adjacent street traffic (4-6 pm). 3 DU = Dwelling Unit; KSF = 1,000 square feet; VSP = Vehicle servicing position * Pass -by and diverted trip rate data not available. Primary trip rates may be applied based on local data, development context, and engineering judgment Page 61 of 440 Back to Agenda Citv of Port Orchard Traffic Impact Fee Rate Schedule - Non -Residential LUC 800-999 (2020 Update) ITE Code' ITE Land Use Category Base Trip Rate % Primary Trips3 Net Trip Rate Rate per Unit° Impact Fee per Unit RETAIL 810 811 Tractor Supply Store Construction Equipment Rental Store Building Materials and Lumber Store 1.40 0.99 66% 0.924 0.733 1.524 3.074 KSF $4 567 $3,621 $7,535 74% KSF 812 2.06 4.33 74% 71 % KSF 813 Free -Standing Discount Superstore w/ Grocery) KSF $15196 814 Variety Store 6.84 66% 4.514 KSF $22 315 815 1 Free Standing Discount Store w/o Grocery) 4.83 83% 4.009 KSF $19 816 816 Hardware/Paint Store 2.68 74% 1.983 KSF $9 803 817 Nurse Garden Center 6.94 74% 5.136 KSF $25 385 818 Nurse Wholesale 5.18 74% 3.833 KSF $18 948 820 Shopping Center 3.81 66% 2.515 KSF $12 430 823 Factory Outlet Center 2.29 66% 1.511 KSF $7 471 840 Automobile Sales New 2.43 100% 2.430 KSF $12 011 841 Automobile Sales Used 3.75 100% 1 3.750 KSF $18 536 842 Recreational Vehicle Sales 0.77 100% 1 0.770 KSF $3 806 843 Automobile Parts Sales 4.91 44% 2.160 KSF $10 679 848 Tire Store 3.98 72% 2.866 KSF $14165 849 Tire Superstore 2.11 72% 1.519 KSF $7 509 850 Supermarket 9.24 64% 5.914 KSF $29 231 851 Convenience Market 49.11 49% 24.064 KSF $118 948 853 Convenience Market w/Gas Pumps 49.23 17% 8.369 VFP $41 368 854 Discount Supermarket 8.38 1 51% 4.274 KSF $21125 857 Discount Club 4.18 63% 2.633 KSF $13 017 861 Sporting Goods Superstore 2.02 66% 1.333 KSF $6 590 862 Home Improvement Superstore 2.33 58% 1.351 KSF $6 680 863 Electronics Superstore 4.26 60% 2.556 KSF $12 634 866 Pet Supply Superstore 3.55 66% 2.343 KSF $11 581 867 Office Supply Superstore 2.77 66% 1.828 KSF $9 037 875 Department Store 1.95 1 66% 1.287 KSF $6 362 876 Apparel Store 4.12 66% 2.719 KSF $13 441 879 Arts and Crafts Store 6.21 66% 4.099 KSF $20 259 880 Pharmacy/Drug Store w/o Drive-Thru 8.51 47% 4.000 KSF $19 771 881 Pharmacy/Drug Store w/ Drive-Thru 10.29 38% 3.910 KSF $19 328 882 Mari'uana Dispensary 21.83 10000 1 21.830 KSF $107 906 890 Furniture Store 0.52 47% 1 0.244 KSF $1,208 899 SERVICES Li uor Store 16.37 64% 1 10.477 KSF 51 787 911 Walk-in Bank 12.13 65% 7.885 KSFJ$65,705 912 Drive-in Bank 20.45 65% 13.293 KSF918 Hair Salon 1.45 65% 0.943 KSF920 Co Print and Ex ress Shi Store 7.42 66% 4.897 KSF925 Drinkin Place 11.36 100% 11.360 KSF930 Fast Casual Restaurant 14.13 57% 8.054 KSF 931 lQuality Restaurant 7.80 56% 4.368 KSF $21591 932 High Turnover Sit -Down Restaurant 9.77 57% 5.569 KSF $27,527 933 Fast Food w/o Drive-Thru 28.34 57% 16.154 KSF $79 848 934 Fast Food w/ Drive-Thru 32.67 50% 16.335 KSF $80 744 935 Fast Food Restaurant w/ Drive-Thru w/o Indoor Seating 42.65 50% 21.325 KSF $105 409 936 Coffee/Donut Shop w/o Drive-Thru 36.31 57% 20.697 KSF $102 304 937 Coffee/Donut Shop wl Drive-Thru 43.38 50% 21.690 KSF $107 214 938 Coffee/Donut Shop wl Drive-Thru w/o Indoor Seating (Espresso Stand 83.33 11 % 9.166 KSF $45 309 939 Bread/Donut/Bagel Shop w/o Drive-Thru 28.00 57% 15.960 KSF $78 890 940 Bread/Donut/Bagel Shop w/ Drive-Thru 19.02 50% 9.510 KSF $47 008 941 Quick Lubrication Vehicle Stop 4.85 72% 3.492 VSP $17 261 942 Automobile Care Center 3.11 72% 2.239 KSF $11 068 943 Automobile Parts and Service Center 2.26 72% 1.627 KSF $8 043 944 Gasoline/Service Station 14.03 58% 8.137 VFP $40 223 945 Gas Station w/Convenience Market 13.99 12% 1 1.679 VFP $8 298 947 Self -Serve Car Wash 5.54 58% 3.213 stall $15 883 948 Automated Car Wash 77.50 58% 44.950 stall $222188 950 960 Truck Stop Super Convenience Marked Gas Station lWinery 22.73 22.96 58% 35% 13.183 KSF VFP 1 KSF $65,166 $39 722 8.036 7.310 970 1 7.31 100% $36133 ' Institute of Transportation Engineers, Trip Generation Manual (10th Edition) 2 Trip generation rate per development unit, for PM Peak Hour of the adjacent street traffic (4-6 pm). 3 Average primary trip rates, per Trip Generation Handbook (3rd Edition), 2017. Additional primary rates based on similar land use and engineering judgment. Pass -by rates should be used with caution and refined using local data whenever possible. ° DU = Dwelling Unit; KSF =1,000 square feet; VSP = Vehicle servicing position 3 Page 62 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Appendix C. Comparison of 2019-2020 TIF Rates in Western Washington Transportation Solutions, Inc. December 2020 Page 63 of 440 Back to Agenda Comparison of 2019-2020 TIF Base Rates in 74 Cities and 5 Counties in Western Washington With Bellingham and Whatcom County Cities Highlighted for Emphasis [Based on information available. Average includes both Cities and Counties. See TIF rate table on next page for additional details.] Data compiled Nov. 2019 by Chris Comeau, AICP-CTP, Transportation Planner, Bellingham Public Works ccomeau@cob.or¢ or (360) 778-7946 *Western WA State Average TIF Sammamish North Bend Kenmore Issaquah Duvall Lynnwood 1 $7,944 Renton $7,820 La Center $7,561 Bothell $7,406 Shoreline $7,397 Redmond $7,357 Shoreline $7,224 Carnation $7,141 Newcastle $6,475 Fife $6,413 Marysville $6,300 Edmonds $6,249 Buckley $6,074 Camas $5,974 Des Moines 1 $5,573 Poulsbo 1 $5,397 Bellevue $5,293 Mount Vernon 1 $5,100 Gig Harbor $5,020 Port Orchard (Proposed) $4,943 Auburn $4,895 Kent $4,518 Puyallup $4,500 Pierce County $4,479 Covington $4,461 Edgewood $4,413 W WA Average TIF* $4,363 Sultan $4,350 Mercer Island $4,287 Woodinville $4,211 Milton $4,190 Federal Way $3,999 Bonney Lake $3,995 Maple Valley $3,986 Mount Lake Terrace $3,985 Mill Creek $3,900 Kirkland $3,815 Shelton $3,736 Turn -ter $3,705 Ridgefield $3,683 Monroe $3,524 Stanwood $3,523 SeaTac $3,508 Washougal $3,398 Arlington $3,355 Clark CountyM$i3,024 $3,333 Lake Stevens$3,257 Enumclaw$3,239 Olympia$3,213 University Place$3,199 Ferndale3,163 Battleground Thurston County $2,959 Sedro-Woolley(Proposed) $2,809 �$$2,665 Anacortes 2,731 Burlington Sumner 11111 $2,632 Port Orchard (Existing) - $2,552 Granite Falls 1 $2,500 Sequim - $2,491 Snohomish County 1 $2,453 Everett $2,400 Vancouver $2,153 Orting $2,149 Lynden $2,111 Bellingham $2,025 Lacey $2,013 Mukilteo $1,875 Bainbridge Island $1,687 Snohomish $1,603 Blaine $1,558 Yelm $1,497 TukwilaT$7'(9110� $1,241 Bunen48 Kitsap CountyOak Harbor $14,064 $11,630 $9,600 $8,882 $8,756 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 Cost Per P.M. Peak Hour (4:00 - 6:00pm) Vehicle or Person Trip Page 64 of 440 Back to Agenda 41. ORCHARD Appendix E: Impact Fee Calculations E.1 Introduction This study of impact fees for parks and recreational facilities for the City of Port Orchard presents the methodology, summarizes the data, and explains the calculation of the fees. The methodology is designed to comply with the requirements of Washington law. This introduction describes the basis for parks and recreational impact fees, including: • Definition and Rationale of Impact Fees • Statutory Basis For Impact Fees • Methodology for Calculating Impact Fees • Need for Additional Parks and Recreational Facilities • Determining the Benefit of Parks and Recreational Facilities to Development • Methodology and Relationship to Port Orchard City Parks Plan • Level of Service and Calculations E 1.1 Definition and Rationale of Impact Fees Impact fees are charges paid by new development to reimburse local governments for the capital cost of public facilities that are needed to serve new development and the people who occupy the new development. New development is synonymous with "growth." Local governments charge impact fees on either of two bases. First, as a matter of policy and legislative discretion, they may want new development to pay the full cost of its share of new public facilities because that portion of the facilities would not be needed except to serve the new development. In this case, the new development is required to pay for virtually all the cost of its share of new public facilities. Port Orchard City Parks Plan 2011 Page 65 of 440 Back to Agenda On the other hand, local governments may use other sources of revenue to pay for the new public facilities that are required to serve new development. If, RCW 82.02.050 (2) prohibits impact fees that charge 100% of the cost, but does not specify how much less than 100%, leaving that determination to local governments. However, such revenues are not sufficient to cover the entire costs of new facilities necessitated by new development; the new development may be required to pay an impact fee in an amount equal to the difference between the total cost and the other sources of revenue. There are many kinds of "public facilities" that are needed by new development, including parks and recreational facilities, fire protection facilities, schools, roads, water and sewer plants, libraries, and other government facilities. This study covers parks and recreational facilities for the City of Port Orchard, Washington. Impact fees for parks and recreational facilities are charged to all residential development within the City of Port Orchard. E1.2 Statutory Basis for Impact Fees RCW 82.02.050 - 82.02.090 authorizes local governments in Washington to charge impact fees. The impact fees that are described in this study are not mitigation payments authorized by the State Environmental Policy Act (SEPA). There are several important differences between impact fees and SEPA mitigations. Two aspects of impact fees that are particularly noteworthy are: 1) the ability to charge for the cost of public facilities that are "system improvements" (i.e., that provide service to the community at large) as opposed to "project improvements" (which are "on -site" and provide service for a particular development), and 2) the ability to charge small-scale development their proportionate share, whereas SEPA exempts small developments. Four types of public facilities can be the subject of impact fees: 1) public streets and roads; 2) publicly owned parks, open space and recreational facilities; 3) school facilities; and 4) fire protection facilities (in jurisdictions that are not part of a fire district). RCW82.02.050 (2) and (4) and RCW82.02.090 (7) Impact fees must be limited to system improvements that are reasonably related to, and which will benefit new development. RCW 82.02.050(3) (a) and (c). Local governments must establish reasonable service areas (one area, or more than one, as determined to be reasonable by the local government), and local governments must develop impact fee rate categories for various land uses. RCW 82.02.060(6) Impact fees cannot exceed the development's proportionate share of system improvements that are reasonably related to the new development. The impact fee amount shall be based on a formula (or other method of calculating the fee) that determines the proportionate share. RCW82.02.050(3)(b) and RCW82.02.060(I ) Impact fees can be charged for new public facilities (RCW 82.02.060(I)(a)) and for the unused capacity of existing public facilities (RCW 82.02.060(7)) subject to the M_ I Port Orchard City Parks Plan 2011 Page 66 of 440 Back to Agenda proportionate share limitation described above. Additionally, the local government must separate the impact fees from other monies, expend the money on CFP projects within 6 years, and prepare annual reports of collections and expenditures. RCW82.02.070(1)-(3) E 2 Methodology for Calculating Impact Fees Prior to calculating impact fee rates, several issues must be addressed in order to determine the need for, and validity of such fees: responsibility for public facilities, the need for additional park and recreational facilities, the need for revenue for additional parks and recreational facilities, and the benefit of new parks and recreational facilities to new development. In general, local governments that are authorized to charge impact fees are responsible for specific public facilities for which they may charge such fees. The City of Port Orchard is legally and financially responsible for the parks and recreational facilities it owns and operates within its jurisdiction. In no case may a local government charge impact fees for private facilities, but it may charge impact fees for some public facilities that it does not administer if such facilities are "owned or operated by government entities" (RCW 82.82.090(7). E 2.1 Need for Additional Park and Recreational Facilities The need for additional parks and recreational facilities is determined by using standards for levels of service for park and recreational facilities to calculate the quantity of facilities that are required. For the purpose of quantifying the need for parks and recreational facilities, this study uses the City's value of investment in parks and recreational facilities per capita. As greater growth occurs, more investment is required, therefore more parks and recreational facilities are needed to maintain standards. E 2.2 Determining the Benefit to Development The Washington State law regarding Impact Fees imposes three provisions of the benefit provided to development by impact fees: 1) proportionate share, 2) reasonably related to need, and 3) reasonably related to expenditure (RCW 80.20.050(3)). First, the "proportionate share" requirement means that impact fees can be charged only for the portion of the cost of public facilities that is "reasonably related" to new development. Second, fulfilling the requirement that impact fees be "reasonably related" to the development's need for public facilities, including personal use and use by others in the family (direct benefit), use by persons or organizations who provide goods or services to the fee -paying property (indirect benefit), and geographical proximity (presumed benefit). Impact fees for park and recreational facilities, however, are only charged to IPort Orchard City Parks Plan 2011 Page 67 of 440 Back to Agenda residential development in the City because the majority of benefits are to the occupants and owners of dwelling units. As a matter of policy, the City of Port Orchard elects not to charge parks and recreational impact fees to non-residential properties because there is insufficient data to document the proportionate share of parks reasonably needed by non-residential development. Lastly, the requirement that expenditures be "reasonably related" to the development that paid the impact fee includes that fee revenue must be earmarked for specific uses related to public facilities ensures that expenditures are on identifiable projects, the benefit of which can be demonstrated and that impact fee revenue must be expended within 6 years, thus requiring a timeliness to the benefit to the fee -payer. E 2.3 Methodology and Relationship to the Port Orchard City Parks Plan Impact fees for parks and recreational facilities in the City of Port Orchard are based on the value per capita of the City's existing investment in parks and recreational facilities for the population of the City. New development will be provided the same investment per capita, to be funded by a combination of general and capital improvement fund revenue and impact fees. The amount of the impact fee is determined by charging each new development for the average number of persons per dwelling unit multiplied times the amount of the investment per capita that is to be paid by growth. E3. Level of Service Standard Calculations The level of service, as defines as the capital investment per person, is calculated by multiplying the capacity of parks and recreational facilities times the average costs of those items. Within this calculation, there are two variables that benefit from further definition explanation: The value of parks and recreational inventory, and the Service population. E 3.1 Value of Parks and Recreational Inventory The value of the existing inventory of parks and recreational facilities is calculated by determining the value of each park as well as each recreational facility. The sum of all of the values equal the current value of the City's parks and recreational system E 3.2 Service Population The service population is the number of persons served by the inventory of parks and recreational facilities. Port Orchard's service population consists of the City's current 2011 population of 1 1,144 as provided by the Washington State of Financial Management. The forecast population for 2030 of is the projected population Port Orchard City Parks Plan 2011 Page 68 of 440 Back to Agenda estimated for Comprehensive Planning efforts and adopted by all Kitsap County jurisdictions, through the County Wide Planning Policies. This figure is provided to estimate future population growth within the existing City boundaries and is utilized in calculating the annual portion of that growth rate for the Impact Fee calculations. E 3.3 Calculation of Park and Recreational Capital Investment per Person The City of Port Orchard's capital value per person is the standard the City uses to ensure that each resident receives an equitable amount of parks and recreational facilities. The City provides this value by investment in parks and recreational facilities that are most appropriate for each site and which respond to changing needs and priorities as the City grows and the demographics and needs of the population changes. Attachment E I (at the end of this Appendix) lists the types of land and recreational facilities that make up the City of Port Orchard's existing park system. Each component is listed in the first column, along with the capital value of each type of park land or recreational facility in the final column. The capital value for all City owned parks & recreational facilities in the inventory comes to a total of $7,228,929. This total value is divided by the service population of 1 1,144 for the City determines the current capital value per person of $649. (Please reference Attachment E2: Figure E I) E 4 PARKS AND RECREATIONAL FACILITY NEEDS This section calculates the value of parks and recreational facilities that are needed to serve growth, reduced by the typical proportion of project values that are grant or otherwise funded. Impact fees are related to the needs of growth through calculating the total value of parks and recreational facilities that are needed for growth. The calculation is accomplished by multiplying the capital investment per person times the number of new persons that are forecast for the City's growth. (Please reference Attachment E2: Figure E2) E 4.1 Calculation of Total Value Needed For Growth The calculations for the total value of Parks and Recreation Facilities needed to accommodate the forecasted growth is a tabulation of the level of service standard for capital investment per person from Figure E I times the total amount of population growth forecast for the six year Impact Fee planning period. The resulting calculation shows the total value of parks and recreational facilities that are needed to serve the growth that is forecast for Port Orchard (Please reference Attachment E2: Figure E2). The result of Figure E2 illustrates that Port Orchard needs parks and recreational facilities valued at $1,928,434 in order to serve the growth of 2,973 additional people (forecast at an annual growth rate of 495 per year) who are expected to be added to the City's population during the six year Impact Fee planning period. I Port Orchard City Parks Plan 2011 Page 69 of 440 Back to Agenda E 4.2 Total Investment to be Paid by Growth The investment to be paid by growth is calculated by subtracting the amount of any revenues the City invests in infrastructure for growth from the total investment in parks and recreational facilities needed to serve growth. The previous calculation showed the total amount that is needed to invest in additional parks and recreation facilities in order to serve future growth. The proportionate share of that investment to be paid by growth is dependent upon the historic share of improvements provided by the City of Port Orchard through grants or other revenue streams. The proportionate share for development to pay for new facilities includes the City of Port Orchard historical use of local sources, such as real estate excise tax, grant funding, and other revenues to pay for part of the cost of parks and recreational facility capital costs. Revenues that are used for repair, maintenance or operating costs are not used to reduce impact fees because they are not used, earmarked or prorated for the system improvements that are the basis of the impact fees. The City's investment has averaged 50% of the cost of capital improvement projects for parks and recreational facilities (Please reference Attachment E2: Figure E3). The result of Figure E3 illustrates that Port Orchard expects to use $964,217 in grants and other revenues to serve the total needs of additional parks and recreational facilities to maintain the City's standards for future growth, with the remaining $964,217 to be paid by growth as a proportionate share. E5 IMPACT FEE PER UNIT OF DEVELOPMENT In this section the investment in additional parks and recreational facilities to be paid by growth is used to calculate the park and recreational facilities growth cost per person which is then used to calculate the impact fee per dwelling unit. E 5.1 Growth Cost Per Person The growth cost per person is calculated by dividing the investment in parks and recreational facilities that is to be paid by growth by the amount of population growth during the six year Impact Fee planning period (Please reference Attachment E2: Figure E4). The result of Figure E4 illustrates the calculation of the cost per person of parks and recreational facilities that needs to be paid by growth is $324 per person. The amount to be paid by each new dwelling unit depends on the number of persons per dwelling unit. E 5.2 Impact Fee per Dwelling Unit The impact fee per dwelling unit is calculated by multiplying the growth cost per person by the number of persons per dwelling unit. The number of persons per dwelling unit is the factor used to convert the growth cost of parks and recreational facilities per Port Orchard City Parks Plan 2011 Page 70 of 440 Back to Agenda person into impact fees per dwelling unit. The number of persons per dwelling unit data is based on the adopted 2008 Port Orchard Comprehensive Plan, Chapter 3. Housing; which sets an population household size of 2.5 persons per single family unit and a calculation of 1.8 persons per Multi -family housing unit within the City of Port Orchard (Please reference Attachment E2: Figure E5 and E6 respectively). The resulting calculations of Figure E5 shows the calculation of the parks and recreational facilities impact fee of $81 1 per single family dwelling unit. The resulting calculations of Figure E6 show the calculation of the parks and recreational facilities impact fee of $584 per multi -family dwelling unit. Impact Fee amounts, upon adoption by City Council, are to be implemented and collected subject to the provisions of Port Orchard Municipal Code Section 16.70. E6. Summary This study of impact fees for parks and recreational facilities for the City of Port Orchard summarizes the methodology, presents the data, and explains the calculation of the fees that result in the recommended amounts. Similar sized Cities within Kitsap County have chosen to utilize much higher impact fee amounts, for example the City of Poulsbo recently raised their Park Impact Fee from $500 to $1,195 per unit. The proposed Park Impact Fees for the City of Port Orchard of $81 1 per single family dwelling unit and $584 per multi -family dwelling unit, although consistent with the City of Port Orchard level of service, still are well below the Washington State average of $ 2,849 per single family dwelling unit and $2,147 per multi -family dwelling unit respectively. (Sourced from the National Impact Fee Survey 2009, prepared by Clancy Mullen, Duncan Associates, Austin, TX on December 20, 2009) The methodology utilized for arriving at the City of Port Orchard impact fee amounts has been a statewide standard incorporated for numerous Washington State cities and is designed to comply with the requirements of Washington law. Port Orchard City Parks Plan 2011 Page 71 of 440 Back to Agenda INTENTIONAL BLANK PAGE CITY OF PORT ORCHARD COMPREHENSIVE PARKS PLAN Page 72 of 440 Back to Agenda r-%NPciiuix X� Ordinance No. 023-15 South Kitsap School District 2015 Ca ital Facilities Plan VII. DISTRICT FINANCE PLAN The principal funding mechanism for school facility construction and modernization has traditionally been voter approved bonds. More recently, school districts have been turning to capital levies to support modernizations and elementary school new construction projects. Other funding sources can include state funding assistance and development impact (mitigation) fees. General Obligation Bonds Bonds are typically used to fund construction of new schools and other major capital improvement projects. A 60% voter approval is required for passage. Bonds are then retired over time through the collection of property taxes. The South Kitsap School District had an assessed valuation of $6,123,112,269 as of August 31, 2014. The limit for all outstanding bonds for SKSD is 5% of assessed value or $306,155,613. The District had $5,645,481 of debt as of August 31, 2014, and therefore has a current bonding capacity of $300,510,132. State Funding Assistance The source of State Funding Assistance, formerly State Match Funds, is the Common School Construction Fund. Bonds are sold on behalf of the fund then retired with revenues accruing predominantly from the sale of renewable resources (i.e., timber) from state school lands set aside by the Enabling Act of 1889. If these sources are insufficient to meet the needs of the program, the Legislature can appropriate additional funding, or the State Board of Education can ration project funding on a priority basis. School districts may qualify for state funding assistance for specific capital projects based on an eligibility system. Eligible projects are prioritized using seven different criteria. Funds are then disbursed to districts on a percentage basis that is based on a formula that compares each district's assessed valuation per pupil relative to the entire state assessed valuation per pupil. This percentage is known as the Funding Assistance Percentage, formerly State Match Ratio. The base to which this percentage is applied is the cost of construction as determined by the "Construction Cost Allocation" multiplied by the "Eligible Area". The Construction Cost Allocation (CCA) is used by OSPI to help define or limit its level of financial support for school construction. It is a budget driven value that is not intended to fully reflect the actual cost of school construction in Washington State. The Eligible Area portrays either the square footage of new space required to address unhoused students for an enrollment project, or the building square footage approved for upgrade or replacement for a modernization project. State funding assistance is available to assist districts with construction costs for enrollment and modernization related school construction projects but cannot be used for site acquisition, the purchase of portables or for normal building maintenance. Because the availability of state assistance funds may not always keep pace with the enrollment growth or modernization needs of all of Washington's school districts, assistance funds from the state may not be received by a school district until two or three years after a school project has begun. In such cases, a district may be required to "front fund" meaning it must be prepared to finance the entire project with local funds. The 5tate's share of the project funding is then provided to the district later in the form of a reimbursement. In some cases projects may not receive any state assistance at all. State funding assistance is not guaranteed. Page Hof 440 Back to Agenda Appenaix V Ordinance No. 023-15 South KitiaR School District 2015 Capital Facilities Plan New Development MitigationAmpaet Fees The authority for local jurisdictions to condition new development on the mitigation of school impacts is provided for under the State Subdivision Act, Chapter 58.17 RCW, the State Environmental Policy Act, Chapter 43.21C RCW, and the Growth Management Act, Chapter 36.70A RCW. These state statutes seek to ensure that adequate public facilities are available to meet the demands of new growth by authorizing permitting jurisdictions to condition development approval on the implementation of mitigation measures that enable local jurisdictions to meet the infrastructure demands of new development. • Subdivision Act Mitigation RCW 58.17.110 requires the permitting jurisdiction to find that proposed plats adequately provide for schools and school grounds. The proposed development must provide land sufficient to ensure that such facilities are provided for potential new students. • SEPA Mitigation. SEPA provides that local jurisdictions may condition the approval of a new development to the mitigation of specific adverse environmental impacts which are identified in SEPA environmental documents. See RCW 43.21C.050. Under SEPA, the "built environment" includes public schools. See WAC 197-11-444(2) (d) (iii). GMA Mitigation. Development impact fees have been adopted by Kitsap County and the City of Port Orchard as a means of supplementing traditional funding sources for the construction of public facilities needed to accommodate new development. The City of Bremerton does not impose an impact fee on new development. The District participates in the permit review processes of jurisdictions within its boundaries to ensure that its interests are considered when new developments are proposed that will generate additional students. Six -Year Finance Plans The Six -Year Capital Finance Plan (Table 12) portrays how South Kitsap School District intends to fund improvements to school facilities for the years 2015 through 2020. Page OV of 440 Back to Agenda r%NNai ium �. Ordinance No. 023-15 South Kitsap School District 2015 Capital Facilities Plan Table 12 Capital Finance Plan (2015-2020) Sources: CFP Balance/Impact Funds (Aug 2014) $ 1,000,164 Impact Fee Collections 2015-2020 (est.) $ 1,438,680 Transfer from General Funds $ 0 State Matching Funds (est.) $ 0 Sale of General Obligation Bonds $ 0 Improvements to Existing Facilities $ 4,750,000 $7,188,844 Uses: CFP Balance/Impact Funds (Aug 2020 est.) $ 378,769 Improvements to Existing Facilities $ 4,750,000 Construction for Enrollment Growth $ 0 Site Acquisition $ 1,760,075 Construction of Support Facilities $ 0 Interim Classroom Space $ 300,000 Program Changes $ 0 $ 7,188,844 Balance: $ 0 Page Alof 440 Back to Agenda Hppenaix L Ordinance No. 023-15 South KitM School District 2015 Capital Facilities Plan VIII. UNFUNDED NEED CALCULATION The calculation of the South Kitsap School District unfunded need in support of jurisdictional school impact fee collection is provided on the spreadsheets that follow. This calculation recognizes projected casts anticipated over the life of the six -year plan including acquisition costs for interim housing and debt service payments on a 56 acre school site that was purchased in 2005. The "Unfunded Need Total' on the last line of the SKSD Impact Fee Calculation document portrays the cost of addressing new home construction related enrollment growth identified within the six -year capital construction plan. This value is greater than the actual school impact fees specified and collected under respective Kitsap County and City of Port Orchard impact fee ordinances. Page 49 of 440 Back to Agenda Ordinance No. 023-15 South Kitsap School District 2015 Capital Facilities Plan Description Grade Span Value Units Comments Student Genera#ion Faclor•SFH Elementary 0.32 StudentslResldence 2007 Kendrl k Demographic Study Student Generation Factor-SFH Jr. High 0.10 StudentslResidence 2007 Kendrick Demographic Study Student Generation Factor-SFH Sr. High 0.10 SludenfsJResidenee 2007 Kendrick Demographic Study Student Generation Factor•MFH Elementary 0.18 %denfslResidenoe 2007 Kendrick Demographic Study Student Generation Factor-MFH Jr. High 0.09 %dertslResidence 2007 Kendrick Demographic Study Student Generation Factor- MFH Sr, High 0.09 %dertslResidence 2007 Kendrick Demographic Study Facility Acreage Elementary 142 Acres District Average Facility Acreage Jr, High 22.00 Acres District Average Facility Acreage Sr. High 42.00 Acres Planfor New High School Cast per Acre All $115,000 CosVAcre Market Estimate Facility Size - New Construction Elementary 550 StudentslSdool District Standard Facility Size - New Construction Jr, High 900 StudertslSchool Distr�t Standard Facility Size - New Construction Sr. High 1800 StudeaWftool Plan for New Nigh School Facility Size • Temporary Construction Elementary 24 StudeNiClassroom District LOS Facility Size • Temporary Construction Jr. High 26 StudeliClassroom District LOS Facility Size • Temporary Construction Sr. High 26 Studer /Classroom District LOS Permarert Sq. Footage lTotalj Elernnectary 507894 Square Feet State Study & Survey Permanent Sq. Footage lTotalj Jr. High 286193 Square Feet State Study & Survey Permanent Sq. Footage jotalj Sr. High 345474 Square Feet State Study & Survey Portable Sq, Footage (Total} Elementary 45900 Square Feet Portables inventory Portable Sq, Footage (Total} Jr, High 18900 Square Feet Portables Inventory Portable Sq, Footage (Total) Sr. High 10800 Square Feet Portables Inventory Facility Cost - New Construction Elementary CostlSchool Facility Cost - New Construction Jr. High CostlSChool Facility Cost - New Construction Sr. High CostlSchool Facility Cost - Temporary Construction Elementary $300,000 Cost/Portable Standard Dbl Portable including Site Costs Facility Cost - Temporary Construction Jr. High $300,000 CosttPortablle Standard Dbl Portable including Site Costs Facility Cost - Temporary Construction Sr. High $300,000 CostlPortable Standard Dbl Portable including Site Costs Boeckh IndexI Area Cost Allowance All $206.70 Costlsq, ft. OSPI - 2015 SPI Footage Elementary 90.0 Sq. FUStudent OSPI.2015 SPI Footage Jr. High 121.3 Sq. FUStudent OSPI.2015 SPI Footage Sr. High 130.0 Sq. FUStudent OSPI.2015 State Match Ratio All 59.98% Percent OSPI.2015 Average Assessed Value - SFH All $201,260 Cosifunil Kitsap County Assessor SFH 2O15 Average Assessed Value - MFH All $100,630 Costlunit Kksap Courty Assessor SFH 2O15 @ 50% Capital Band Interest Rate All 0,00% Percent Years Amortized Al 10 Years Property Tax Levy Rate • Capital Construction Al $0.00 Costl$1000 A.V, Page 7+3of 440 Back to Agenda Hppenalx L, Ordinance No. 023-15 South Kitsay School District 2015 Capital Facilities Plan School_ Site Acquisition Cost: CALCULATIONS ((Acres X Cost per Acre)/Facility Capacity) X Student Generation Factor Facility Cost per Facility SGF SGF Cost per Cost per Acreage Acre Capacity SFH MFH SFH MFH Elementary 14 $115,000.00 550 0.32 0A8 $936.73 $526.91 Jr. High 22 900 0.10 0.09 $0.00 $0.00 Sr. High 42 $115,000.00 1800 0.10 0,09 $268.33 $241.50 $1,205.06 $768.41 School Construction Cost: ((Facility Cost/Facility Capacity) X Student Generation Fat ctor) X PeimanentlTotat Sq. Ft.) % Perm/ Facility Facility SGF SGF Cost per Total Sq. Ft. Cost Size SFH MFH SFH Elementary 92% 550 0.32 0.18 $0.00 Jr. High 94% 900 0.10 0.09 $0.00 Sr. High 97% 1800 0.10 0.09 $0.00 Temporary Facility Cost: ((Facility CostlFacility Capacity) X Student Generation Factor) X (TemporarylSq. Ft) % Templ Facility Facility SGF SGF Cost per Total Sq. Ft. Cost Size SFH MFH SFH Elementary 8% $300,000.00 48 0.32 DAB $165.77 Jr. High 6% 52 0.10 0.09 $0.00 Sr. High 3% 52 0.10 0.09 $0.00 $165.77 State Match Credit Area Cost Allowance X SPl Sq. Ft X State Match X Student Generation Factor Cost per MFH $0.00 $0.00 $0.00 Cost per MFH $9124 $0.00 $0.00 $93.24 Boeckh SPI State SGF SGF Cost per Cost per Index Footage Match % SFH MFH SFH MFH Elementary $206,70 90.00 0.32 0.18 $0.00 $0.00 Jr. High $206.70 121.30 0.10 0.09 $0.00 $0.00 Sr. High $206.70 130.00 0A0 0.09 $0.00 $0.00 Tax Pavment Credit Average Assessed Value Capital Bond Interest Rate Net Present Value of Average Dwelling Years Amortized Property Tax Levy Rate Present Value of Revenue Stream NEED SUMMARY School Site Acquisition Cost Permanent Facility Cost Temporary Facility Cost State Match Credit Tax Payment Credit UNFUNDED NEED TOTAL SFH MFH 0.00% 0.00% 10 10 $0.00 $0.00 $0.00 $0.00 SINGLE FAMILY MULTI FAMILY $1,205.06 $768.41 $0.00 $0.00 $165.77 $93.24 $0.00 $0.00 $0.00 $0.00 $1,370.83 $861.65 Page M of 440 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 613 Subject: Public Hearing for the McCormick Woods Development Agreement for Transportation Back to Agenda Meeting Date: February 9, 2021 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: Development -Matter 11 Atty Review Date: February 3, 2021 Summary: The City has been negotiating a new development agreement for transportation with McCormick Communities for the past year. This new agreement, if approved, would repeal and replace the old 2005 Transportation Agreement that was made between the prior property owner and the County. An updated agreement is desired because the 2005 Transportation Agreement predates annexation, is cumbersome, makes the administration of the City's impact fee program unnecessarily complicated, restricts the City's spending of impact fees collected in the McCormick Development Area, and does not reflect the desired outcomes in the City's comprehensive plan. Some elements of the 2005 Transportation Agreement are proposed to be carried forward, including concurrency approvals, a reimbursement to the McCormick Land Company related to the Glenwood Connector Road and Feigley Road improvement projects, and agreement that right of way needed from the developer in the future will be provided as needed. The major changes concern the term of the agreement which was unclear in the 2005 Transportation Agreement. Under the proposed Development Agreement, the term is more certain would be 20 years going forward with possible extensions. The new Development Agreement also will eliminate the impact fee specific to McCormick Communities in favor of one citywide impact fee which makes administrative more uniform. Another significant change is that the new Development Agreement provides that the developer will build two transportation projects (Campus Parkway Roundabout (Project ID #1.5C) and McCormick Woods Drive/Old Clifton Road Roundabout (Project ID #2.08)) and will receive impact fee credits, vs. the reimbursement model from the previous agreement. The benefit of a citywide impact fee would be that fees collected in McCormick Woods would help pay for a greater share of improvements outside of McCormick Woods, such as the Bethel Avenue project. Finally, the proposed Development Agreement gives the City greater latitude in spending the impact fees that were collected under the 2005 Transportation Agreement which currently amounts to $772,097.79 (as of November 30, 2020). POMC 20.26 (Development Agreements) outlines the process for development agreement approval. Developers seeking a development agreement, must submit an application. In this case, the application for the development agreement was filed on December 7, 2020, and per the applicant's request, was consolidated for review under POMC 20.22.020 (2) with permits PW20-031 and -032. These permits, a LDAP and SDP for the Campus Parkway Roundabout, were approved in a decision issued December 24, 2020. The proposed development agreement is related to these permits because a traffic impact fee credit is proposed for the construction of this roundabout by the developer. If the ordinance for the Development Agreement is Page 79 of 440 Back to Agenda Staff Report 6B Page 2 of 2 approved subsequent to the public hearing (Council Agenda Item 7A), the Council can then adopt an updated traffic impact fee at this meeting (Council Agenda Item 713). This item was discussed at the January 19, 2021 Council work-study meeting, and Council directed staff to put a public hearing on the February 9 Council meeting agenda, and bring an ordinance and amended traffic impact fee for approval at the same meeting. Relationship to Comprehensive Plan: The Development Agreement includes two transportation projects (Campus Parkway Roundabout, and McCormick Woods Drive/Old Clifton Road Roundabout) on the City's adopted Transportation Improvement Program (TIP), which is incorporated into the Comprehensive Plan by reference. These projects are also included in Table 8.7.2 of the of the Comprehensive Plan's Transportation Element. Recommendation: Staff recommends that the City Council hold a public hearing on the McCormick Woods development agreement for transportation. Fiscal Impact: The proposed agreement will result in the developer constructing 2 projects that are listed on the City's Transportation Improvement Program saving the city money and staff resources. The agreement provides an offsetting traffic impact fee credit for these improvements which will reduce impact fee revenue by $1,000 per house in the McCormick area until the credit is exhausted. The project also allows for the creation of a single citywide impact fee program which will allow impact fee funds to be used on any eligible project anywhere in the city regardless of where the development triggering the fee payment occurs. Alternatives: Do not approve the Development Agreement; request changes to the Development Agreement. Attachments: Ordinance; 2021 Development Agreement; Exhibits to 2021 Development Agreement; 2005 Development Agreement. Page 80 of 440 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A DEVELOMENT AGREEMENT WITH MCCORMICK COMMUNITIES, LLC; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 36.7013.170, the City Council has the authority to review and enter into development agreements that govern the development and use of real property within the City; and WHEREAS, the City Council has adopted standards and procedures governing the City's use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code (POMC); and WHEREAS, the City and McCormick Communities, LLC have prepared a Development Agreement to address the design, construction, and funding of certain transportation improvements within and near the McCormick Woods development in the vicinity of Old Clifton Road and Campus Parkway, as provided in "Exhibit A" of this Ordinance; and WHEREAS, McCormick Land Company is also a party to this Agreement as the Agreement will replace a 2005 Transportation Development Agreement under which McCormick Land Company is continuing to receive reimbursement for completion of transportation improvements; and WHEREAS, this Development Agreement was consolidated under POMC 20.22.020(2) with the following project permits: Land Disturbing Activity Permit (PW20-031) and Stormwater Drainage Permit (PW20-032); and WHEREAS, in accordance with RCW 36.7013.200, when a development agreement is related to a project permit application, the provisions of chapter 36.70C RCW shall apply to any appeal on the development agreement; and WHEREAS, on December 9, 2020, the City's SEPA official issued a determination of non - significance for the proposed development agreement and consolidated permits under the Optional DNS process, and there have been no appeals; and WHEREAS, the Notice of Decision for these project permits was issued on December 24, 2020 and there have been no appeals; and WHEREAS, on January 19, 2021, the City Council held a study session on the proposed Page 81 of 440 Back to Agenda Ordinance No. _-21 Page 2 of 4 development agreement; and WHEREAS, on February 9, 2021, the City Council held a public hearing on the proposed development agreement, and (comments received/not received, etc); and WHEREAS, the City Council, after careful consideration of the development agreement and all public comments and testimony, finds that the development agreement is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance and all "Whereas" sections of the Development Agreement as findings in support of this ordinance. SECTION 2. The City Council approves of and authorizes the Mayor to execute a development agreement with McCormick Communities, LLC and McCormick Land Company, as provided in "Exhibit A" of this Ordinance. SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance, including but not limited to the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers, and any reference thereto. SECTION S. Effective Date. This Ordinance shall be published in the official newspaper of the city and shall take full force and effect five(5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of publishing the entire Ordinance, as authorized by state law. SECTION 6. Appeals. Since the Development Agreement is related to a project permit application, the provisions of chapter 36.70C RCW shall apply to the appeal of the decision of the Page 82 of 440 Back to Agenda Ordinance No. -21 Page 3 of 4 development agreement. 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 26th day of January 2021. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Sponsored by: Charlotte A. Archer, City Attorney Bek Ashby, Councilmember PUBLISHED: EFFECTIVE DATE: Page 83 of 440 Back to Agenda Ordinance No. -21 Page 4 of 4 EXHIBIT A: MCCORMICK COMMUNITIES, LLC, DEVELOPMENT AGREEMENT Page 84 of 440 Back to Agenda DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD AND MCCORMICK FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS THIS DEVELOPMENT AGREEMENT is made and entered into this day February 2021, by and between the City of Port Orchard, a non -charter, optional code Washington municipal corporation, hereinafter the "City," and McCormick Communities, LLC, a limited liability company organized under the laws of the State of Washington, together with McCormick Development Corporation, a Washington Corporation, hereinafter collectively the "Developer" or "McCormick" (together the "Parties"). In addition, McCormick Land Company, a Washington corporation, hereafter "MLC," is a Party for purposes of Sections 7, 15, and such other sections as specifically refer to MLC. The Parties hereby agree as follows: RECITALS WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.7013.170(1)); and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to, govern, and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code ("POMC") which establishes the standards and procedures for Development Agreements in Port Orchard; and WHEREAS, Chapter 20.26 POMC is consistent with State law; and WHEREAS, the Developer has applied for a Development Agreement under Chapter 20.26 POMC and such Agreement has been processed consistently with the POMC and State law; and WHEREAS, this Development Agreement by and between the City of Port Orchard and the Developer (hereinafter the "Development Agreement"), relates primarily to the development of property owned by Developer within and near McCormick Woods in the vicinity of Old Clifton Road and Campus Parkway and that is more particularly described on Exhibits A-1, A-2, Development Agreement for Funding Transportation Improvements Page 1 of 19 FG:54082696.4 Page 85 of 440 Back to Agenda B-1, and B-2 (hereinafter the "McCormick Property"); and WHEREAS, in 2005 the City's predecessor in interest entered into a Development Agreement with Developer's predecessor in interest for the development of certain transportation improvements; and WHEREAS, since that time, the City annexed the property and in accordance with RCW 36.70B.190 assumed jurisdiction and agreed to be bound by the 2005 Transportation Development Agreement; and WHEREAS, as part of that 2005 Agreement, the predecessor to the Developer (GEM 1, LLC) constructed some projects and payments for those projects are still on -going and will continue until GEM 1, LLC's successor is fully reimbursed; and WHEREAS, since annexing this property, the City's transportation plans have been updated; and WHEREAS, the City is in the process of adopting updated transportation impact fees; and WHEREAS, during this process, an in-depth look at the projects needed to meet the projected development by Developer and others in the City was performed; and WHEREAS, the updated transportation impact fees are based, in part, on the 2005 Development Agreement with the Developer's predecessor as well as on the updated project list; and WHEREAS, the Developer did not acquire from GEM 1, LLC ("GEM 1" ), and GEM 1 still retains, the right to reimbursement that accrued under the 2005 Transportation Agreement when GEM 1 constructed the Glenwood Connector Roadway and minor improvements to Feigley Road, the only projects identified in that 2005 agreement that have been constructed; and WHEREAS, the City has been paying such reimbursement to GEM 1 and its successor since 2008, and nothing in this Agreement changes or is intended to change the City's obligation to continue paying such reimbursement to GEM 1; and WHEREAS, GEM 1 assigned its right to reimbursement to the McCormick Land Company in 2016, after which time, the City paid reimbursement to the McCormick Land Company ("MLC"); and WHEREAS, MLC continues to own property in Port Orchard; and WHEREAS, MLC has signed this Agreement to confirm that this Agreement will fully replace and supersede the 2005 Transportation Development Agreement ("2005 Transportation DA"); and Development Agreement for Funding Transportation Improvements Page 2 of 19 FG:54082696.4 Page 86 of 440 Back to Agenda WHEREAS, the Developer now seeks to update the 2005 Transportation DA in conjunction with obtaining a permit to build the Campus Parkway Roundabout; and WHEREAS, the purpose of this Agreement is to carry forward and better define the concurrency evaluation that was part of the 2005 Transportation DA, to carry forward the impact fee reimbursement for MLC, and to establish an impact fee credit system for Developer to recover its costs of building the McCormick Projects described below; and WHEREAS, apart from concurrency and impact fee credits/reimbursement, this Agreement does not address development standards, vesting, or any other regulation that impacts how the McCormick Property will be developed; and WHEREAS, the Parties agree that the 2005 Transportation DA, as set forth in the traffic study attached to that 2005 Transportation DA, anticipated the generation of 4,935 PM peak hour trips. Based on the development activity since 2005, some of these "trips" have been absorbed. The parties believe it is advantageous to set forth the remaining capacity that may be utilized in future development phases and have confirmed the concurrency numbers as of the date of this Agreement; and WHEREAS, in consideration of the benefits conferred by this new Development Agreement, which reflect the current plans of both the City and the Developer and include confirmation of concurrency, a new project list, and a set impact fee credit calculation, the parties deem it in their best interests and the best interests of the community to repeal and replace the 2005 Transportation DA with this updated agreement; and WHEREAS, there are two projects identified on both Exhibit A to the 2005 Transportation DA and also on the City's new TIP. As described in the new TIP, these projects are ID #1.5C, "Old Clifton Rd — Campus Pkwy Intersection and ID #2.08 Old Clifton Rd & McCormick Woods Dr. Intersection Impr". These two projects are collectively referred to herein as "the McCormick Projects"; and WHEREAS, the McCormick Projects are eligible for credits under RCW 82.02.060(4); and WHEREAS, the following events have occurred in the processing of the Developer's application: a) The Developer applied for this Development Agreement on December 4, 2020; and b) The Development Agreement is related to and has been consolidated under POMC 20.22.020(2) with the following project permits: Land Disturbing Activity Permit PW20-031 Stormwater Drainage Permit PW20-032 c) The Developer is ready and willing to commence construction on the project known as Old Clifton Rd - Campus Parkway Intersection (a roundabout project) and has applied for a Development Agreement for Funding Transportation Improvements Page 3 of 19 FG:54082696.4 Page 87 of 440 Back to Agenda Land Disturbing Activity permit and Stormwater Drainage Permit to perform this project; d) The Old Clifton Rd — Campus Parkway Intersection is included in the City's transportation plan upon which the updated impact fees are based and therefore the Developer may be reimbursed from the impact fees for that project; e) The City Council held a public hearing on February 9, 2021 regarding this Development Agreement; f) After a public hearing, by Ordinance No. , the City Council authorized the Mayor to sign this Development Agreement with the Developer; AGREEMENT Section 1. The McCormick Projects. The two transportation projects described above as "the McCormick Projects" will serve the McCormick Property as well as provide connectivity and capacity for the City. The Campus Parkway Roundabout LDAP Permit #PW20-0031 and SDP Permit PW20-032 as well as the future development of the McCormick Woods Drive Roundabout, which will be permitted at a later date, are both subject to impact fee credit in accordance with this Agreement. Section 2. The McCormick Property. The McCormick Property comprises McCormick North, McCormick West, and McCormick Woods, which are legally described by parcel number in Exhibit A-1 and depicted on A-2, attached hereto and incorporated herein by this reference. The McCormick Projects will serve the McCormick Property and the credits authorized by this Development Agreement are only applicable to lots for which building permits are applied for after the date of this Agreement within the boundaries of the McCormick Property as defined on Exhibit A-1 and as shown on the Map attached hereto as Exhibit A-2. Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. a) "2005 Transportation Development Agreement" or "2005 Transportation DA" means the 2005 Development Agreement for Transportation which was executed between Kitsap County and Gem 1, LLC and dated April 25, 2005 and which was assumed by the City of Port Orchard upon annexation on May 27, 2009. b) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as required by RCW 36.70B.200 and Chapter 20.26 POMC.' c) "Commence construction" as to the McCormick Projects means that the required permit(s) have issued and there are "boots on the ground" at the construction site. d) "Completion" as to the McCormick Projects means passing final inspection associated with the LDAP/SDP permits and providing the required 2-year warranty and Development Agreement for Funding Transportation Improvements Page 4 of 19 FG:54082696.4 Page 88 of 440 Back to Agenda maintenance bond for the improvement(s). "CPI-U" means the percentage rate change for the All Urban Consumers Index (CPI-U) (1982-1984=100), not seasonally adjusted, for the Seattle -Tacoma -Bellevue area for that 12 month period from January 1st to December 31" Indexed as the Annual Average, as is specified by the Bureau of Labor Statistics, United States Department of Labor. Increases based on CPI-U shall take effect on March 1st of the following year. e) "Council" or "City Council" means the duly elected legislative body governing the City of Port Orchard. f) "Director" means the City's Community Development Director. g) "Effective Date" means the effective date of the Adopting Ordinance. h) "Maximum credit" or "maximum reimbursement" means the maximum amount that is eligible for projects subject to this Agreement, or for past projects done by GEM 1/MLC, for which reimbursement or impact fee credits will be provided by the City to the Developer or MLC. i) "McCormick Project(s)" or "Project(s)" means the two transportation projects described above which serve both the McCormick Property and the greater community, as specified in Section 1 and as provided for in all associated permits/approvals, and all incorporated exhibits. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A-1— Parcel numbers of the McCormick Property that are subject to impact fee credit. b) Exhibit A-2 — Map depicting the boundaries of the McCormick Property that are subject to the impact fee credit in this Agreement. c) Exhibit B-1— Parcel numbers of the McCormick Property with vested concurrency. d) Exhibit B-2 Map depicting the boundaries of the McCormick Property with vested concurrency. . e) Exhibit C — Map showing the original boundaries for the 2005 Transportation DA which remains the reimbursement area for MLC Section 5. Parties to Development Agreement. The parties to this Agreement are: Development Agreement for Funding Transportation Improvements Page 5 of 19 FG:54082696.4 Page 89 of 440 Back to Agenda a) The "City" is the City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366. b) The "Developer" or "Property Owner" or "McCormick" is a private enterprise which owns the McCormick Property in fee, and whose principal office is located at 12332 NE 115tn Place, Kirkland, WA. c) GEM 1, LLC is the prior owner of the property that was subject to the 2005 Transportation DA, and MLC is the successor to GEM 1 for purposes of reimbursement. MLC is located at 1869 McGilvra Blvd E, Seattle, WA 98112 and is still receiving reimbursement from the City for transportation projects done under the 2005 Transportation DA. These payments will continue in accordance with Section 15 of this Agreement. Section 6. Projects are a Private Undertaking. It is agreed among the parties that the Projects are private improvements for which credits are required pursuant to RCW 82.02.060(4) and that the City has no interest in the improvements until such time as each Project is completed and dedicated to the City. Section 7. Term of Agreement. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement and shall continue in force for a period of twenty (20) years unless extended or terminated as provided herein, provided that reimbursement to MLC pursuant to Section 15 shall survive expiration until full reimbursement is received by MLC. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect. Section 8. Repeal and Replacement of 2005 Transportation DA. In consideration of the benefits to the Developer provided by the timely construction of the McCormick Projects, the confirmation of concurrency, the agreement on a credit calculation for transportation impact fees which will be charged to the McCormick Property, and the continuation of reimbursement from impact fees to MLC, the Developer, MLC, and the City agree to rescind, and by execution of this Agreement do rescind, the 2005 Transportation Agreement, and replace it with this Development Agreement. Section 9. Concurrency. The Parties agree that City streets affected by development of the McCormick Property have the capacity to serve the McCormick Property in compliance with the City's concurrency requirements so long as such development does not result in the generation of more than 3,806 PM peak hour trips, which is the number of remaining trips identified in Section 9 of the 2005 Transportation DA reserved for the McCormick Property identified on Exhibits B-1 and B-2. This remaining concurrency provided in the 2005 Transportation DA is being carried forward for the duration of this Agreement as set forth below. These trips are available as of December 15, 2020. Available PM Lots/Units for Map Designation on Area Peak Trips Residential 1 Ex. C McCormick North North • Village local center 659 (See Note 1) North Development Agreement for Funding Transportation Improvements Page 6 of 19 FG:54082696.4 Page 90 of 440 Back to Agenda (residential + commercial • Single Family Residential 312 315 North Total McCormick North 971 McCormick West West • Multifamily 415 419 West • Single Family Residential 1,530 1,545 West Total McCormick West 1,945 McCormick Woods 697 640 Wd McCormick Woods Retail 63 N/A Wd McCormick Woods Conference Golf Facilities 122 N/A GC McCormick Woods legacy lots 8 8 Not depicted Total McCormick Woods 890 Grand Total 3,806 1 There are 659 PM Peak Trips available within the Village local center. Residential PM Peak Trips will be calculated per unit and commercial PM Peak trips will be calculated by use type and square footage. The defined areas for the assigned concurrency numbers above are listed by parcel number on Exhibit B-1 and shown (except for the eight legacy lots, which are vacant lots in prior subdivisions) on Exhibit B-2, which Exhibits are attached hereto and incorporated herein by this reference as if set forth in full. Residential development shall be limited by either the PM peak hour trips or the number of units, whichever is more restrictive. Commercial development shall be limited only by the PM peak hour trips. To the extent that McCormick in the future proposes residential or commercial development within the McCormick Property that will generate more than the number of PM peak hour trips shown in the above table, the City will make a new concurrency determination regarding the capacity of its street system at that time. Section 10. Project Schedule. The Developer will commence construction of the two McCormick Projects on the following schedule a) Work on the roundabout at the intersection of Old Clifton Road and Campus Parkway (Project ID #1.5C on the City's TIP) (Permits #PW20-031 and PW20-032) shall commence no later than June 30, 2021, and Developer will complete construction in a timely and workmanlike manner. Such work shall be completed no later than September 30, 2022. b) Developer will submit a complete set of plans for a roundabout at the intersection of Old Clifton Road and McCormick Woods Drive (Project ID #2.08) no later than June 1, 2023 Development Agreement for Funding Transportation Improvements Page 7 of 19 FG:54082696.4 Page 91 of 440 Back to Agenda and will commence construction of said roundabout no later than June 1, 2024, provided that the City has before then acquired the additional land, not owned by Developer, that is needed for this roundabout; and Developer will complete construction in a timely and workmanlike manner. Such work shall be completed no later than September 30, 2025 so long as the City has acquired the land necessary for the roundabout before June 1, 2024. If the City has not acquired the land necessary for the roundabout before June 1, 2024, but does so more than 24 months before expiration of this Agreement, Developer shall construct the roundabout with 24 months of such acquisition. Section 11. Project standards. Developer will finance, design, and construct these McCormick Projects to comply with City standards, including obtaining all necessary permits. The City will approve the plans before construction begins; and the City will accept responsibility for the operation of the Projects once construction is completed and a two-year warranty and maintenance bond is in place. A Project will be deemed completed when all of the following occurs: 1. The City deems it substantially complete; 2. All punch list items are finished; 3. The City releases the performance bond; 4. The Developer has put a 2-year warranty and maintenance bond in place; 5. The Developer has completed all property dedications; and 6. The Developer has provided the City with a Bill of Sale for the improvements containing the certified construction costs (stamped by licensed engineer) to the City for determination of the maximum credits available under this Agreement. The City will confirm completeness of the Project by issuing a Final Notice of Completeness to the Developer. Section 12. Project costs. The maximum amount of the credit (or reimbursement) for project costs performed under this Agreement shall be limited to no greater than the engineer's estimate contained in the City's transportation impact fee calculation, plus an annual inflator per the CPI-U, or, the actual costs incurred by the Developer, whichever is less. The credits provided under Section 14 below are limited to this maximum credit/reimbursement amount and once the project cost maximum(s) have been achieved through credits or direct reimbursement to Developer, the credits will no longer be available and full impact fees will be due for further development. Section 13. Applicable Impact Fees. The repeal and replacement of the 2005 Transportation DA results in all property owners both within and without the McCormick Property being subject to the City's established city-wide impact fees as these now exist or may be modified in the future by the City Council. This Agreement further confirms that impact fees, permit fees, capital facilities charges, and other similar fees which are adopted by the City as of the Effective Date of this Agreement may be increased by the City from time to time, and made applicable to permits and approvals for the McCormick Property, as long as such fees and charges apply to similar applications and projects elsewhere in the City. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in chapter 20.182 of the Port Orchard Municipal Code, except as modified by this Agreement. Nothing in this Agreement restricts or prohibits the City from raising its fees, including transportation impact fees, and the Developer agrees to pay the impact fees at the rates that are in effect at the time when payment is due minus any credits applicable according to this Agreement. Section 14. Impact Fee Credits. The City hereby grants the Developer a credit against transportation impact fees for its costs to finance, design, and construct the McCormick Projects. Development Agreement for Funding Transportation Improvements Page 8 of 19 FG:54082696.4 Page 92 of 440 Back to Agenda The credit is available to parcels located in the areas identified and shown on Exhibits A-1 and A-2. The credits will be calculated and applied as follows: a) Each parcel or lot that is developed within the McCormick Property credit area (Exhibits A-1 and A-2) will pay the City's adopted impact fees until Developer provides documentation to the City that Developer has expended a minimum of $50,000 towards the design or construction of one of the McCormick Projects. At the time of this Agreement, the parties believe that Developer has already met this threshold, therefore, once Developer provides the documentation, the City will begin applying the credit described in this Agreement. b) Once McCormick provides documentation to the City of such $50,000 expenditure, the City will grant a credit in the amount of $1,000 per new home (or per peak pm trip for commercial/multifamily development) against its standard transportation impact fee for each application to develop a lot or parcel within the McCormick Property credit area (Exhibits A-1 and A-2) until such time as the credits granted by the City equal the amount of credit due to Developer under Section 12 above. This credit amount shall be adjusted as follows: The $1,000 credit shall be adjusted annually per the CPI-U, such adjustment to occur on March 1st of each year; ii. If the amount outstanding for reimbursement of project costs is less than the credit, then the lesser amount shall be provided as a credit; iii. If the City reimburses the Developer directly with SEPA mitigation funds received from another developer, then that amount shall be deducted dollar for dollar from the amount of project costs outstanding and the credits available will be reduced accordingly. c) Upon completion of each Project, Developer shall submit certified project costs to the City for review and acceptance by the City Engineer. Once these costs and executed Bill of Sale are reviewed and accepted by the City Engineer, the maximum credit due to Developer will be established and will equal the amount of the project costs as so certified in accordance with this subsection and Section 12. The City will grant the credits described in Subsection b) above against the transportation impacts fees that would otherwise be due for development of lots and parcels within the McCormick Property credit area as identified and shown on Exhibits A-1 and A-2. Such credits shall be provided until such time as the Developer receives full credit and/or reimbursement for its project costs or this Agreement terminates, whichever occurs first. The City agrees that these credits are consistent with RCW 82.02.060(4); that they are appropriate in light of the unusual circumstances described in the Recitals above; that they are consistent with the intent of POMC 20.182.080; and that the City Council has legislatively approved this Agreement and exempted these credits for development of the McCormick Projects from the specific provisions of POMC 20.182.080. Development Agreement for Funding Transportation Improvements Page 9 of 19 FG:54082696.4 Page 93 of 440 Back to Agenda Section 15. McCormick Land Company Reimbursement. This Agreement reaffirms the City's obligation to reimburse MLC for construction of the Glenwood Connector Roadway and minor improvements to Feigley Road. The maximum reimbursement amounts outstanding for these projects as of August 1, 2020 is $1,542,239.64. Regardless of any fee credits provided for in this Agreement, the City's reimbursement for such project shall continue at the rate of $720.80 for each unit of housing constructed or for each PM Peak trip, or fraction thereof, for which an impact fee is assessed in the MLC reimbursement area as depicted on Exhibit C until such time as MLC is fully reimbursed or this Agreement expires, whichever occurs first. This reimbursement amount shall be increased annually by CPI-U (Seattle/Tacoma/Bellevue) for the most recent twelve-month period (January 1 st to December 31 st) prior to the date of the adjustment. Such adjustment shall take effect on March 1st of each year, commencing on March 1, 2021. Disbursements shall be made annually in January of each year based on the collections from January 1st to December 31 st in the prior year, however in 2021, such payment shall only be from collections from August 1 to December 31, 2020 as payment from collections through July 31, 2020 has already occurred. MLC agrees to the repeal of the 2005 Transportation DA and accepts the continued reimbursement under this new Agreement and agrees to be bound by this new Agreement as shown by its signature to this Agreement. This Section 15 shall survive expiration of this Agreement and shall remain in effect until such time as MLC has been fully reimbursed under the terms of this Agreement for construction of the Glenwood Connector Roadway and minor improvements to Feigley Road. Section 16. Dedication of Public Lands. The Developer shall dedicate the land that it owns that is needed to construct the McCormick Projects prior to final completion of each Project. Neither Project shall be deemed completed until such dedications have occurred. In addition, consistent with Section 9 of the 2005 Transportation DA, to the extent that projects on the City's TIP including Old Clifton Widening and the Feigley Road Roundabout require additional dedications of right-of-way from within the McCormick Property, McCormick will dedicate that portion of the additional right-of-way. Such dedications shall occur within a mutually agreeable timeframe prior to the bid solicitation for the project requiring additional right-of-way. Section 17. Default. a) Subject to extensions of time by mutual consent in writing, failure or delay by either Party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the Party alleging such default or breach shall give the other Party not less than thirty (30) days' notice in writing, specifying the nature of the alleged default and the manner in which said default may be cured. During this thirty (30) day period, the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings. b) After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other Party to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as provided in the Port Orchard Municipal Code for violations of this Development Development Agreement for Funding Transportation Improvements Page 10 of 19 FG:54082696.4 Page 94 of 440 Back to Agenda Agreement and the Code. Section 18. Termination. This Agreement shall terminate upon the expiration of the term identified in Section 7, which expiration date is February , 2041. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. In addition, this Agreement shall automatically terminate and be of no further force and effect as to any single-family residence, any other residential dwelling unit or any non- residential building and the lot or parcel upon which such residence or building is located, when it has been approved by the City for occupancy and impact fees have been paid. Section 19. Extension and Modification. Any request for extension or modification, if allowed under the City's code, shall be subject to the provisions contained in Chapter 20.26 POMC. Section 20. Effect upon Termination on Developer and MLC. Termination of this Agreement as to the Developer or as to MLC shall not affect any of the Developer's or MLC's respective obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the McCormick Property or the MLC property, or any other conditions specified in the Agreement to continue after the termination of this Agreement or obligations to pay assessments, liens, fees or taxes. Furthermore, if the Agreement expires without the project costs being fully recovered by impact fee credit or mitigation funds, the Developer will no longer be eligible to receive such credits. Provided, however, that Section 15 of this Agreement will survive termination if MLC has not yet been fully reimbursed and this Agreement will only expire as to MLC after both termination and full reimbursement have occurred. Section 21. Effects upon Termination on City. Upon any termination of this Agreement as to the McCormick Property, or any portion thereof, or as to MLC property, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to the then existing planning and zoning laws). The City will be under no obligation to provide any additional credits or reimbursement to Developer even if the project costs have not been fully recovered at the time of expiration or termination. Section 22. Assignment and Assumption. The Developer shall have the right to sell, assign or transfer this Agreement with all rights, title, and interests therein to any person, firm or corporation at any time during the term of this Agreement with a sale of the underlying property. Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the McCormick Property, at least 30 days in advance of such action. A transfer by Developer will not impact the rights of MLC under this Agreement. This requirement for notice, however, does not apply to the sale by Developer of individual residential lots approved by the City for development of houses. Development Agreement for Funding Transportation Improvements Page 11 of 19 FG:54082696.4 Page 95 of 440 Back to Agenda Section 23. Binding on Successors; Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the Parties. The Developer and every purchaser, assignee or transferee of an interest in the McCormick Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a Party thereto, but only with respect to the McCormick Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the McCormick Property sold, assigned or transferred to it. Section 24. Amendment to Agreement; Effect of Agreement on Future Actions. No waiver, alteration, or modification to any of the provisions of this Agreement shall be binding unless in writing, signed by the duly authorized representatives of the Parties, be consistent with Chapter 20.26 POMC, and, where considered substantive as determined by the Director, follow the same procedures set forth in Chapter 20.26 POMC. However, nothing in this Agreement shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations, or to impacts fees that affect the McCormick Property in the same manner as other properties, after the Effective Date of this Agreement. Section 25. Releases. a) General. Developer may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. b) Previously collected impact fees. Developer expressly waives and forever releases City from any and all claims it may have with regards to the amount or usage of any transportation impact fees which the City collected from property that was subject to the 2005 Transportation DA prior to the effective date of this Agreement. Developer further agrees that City can utilize these previously collected funds on any project it deems appropriate and is not limited to the projects outlined in the 2005 Transportation DA. These projects include, but are not limited, to the Old Clifton Road/Anderson Hill Road Roundabout (Project 2.07), the Old Clifton Road non -motorized shoulder and pedestrian improvements (Project 1.5A), Old Clifton Widening Design (Project 1.5A), and Bethel Avenue (Project 1.3). c) Obligations to Kitsap County Extinguished. This Agreement being a complete replacement to the 2005 Transportation DA, neither Party has any obligations to Kitsap County. Section 26. Notices. Notices, demands, correspondence to the City, MLC, and/or Developer (as applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the parties as designated in "Written Notice" Section 38 below. Notice to the City shall be to the attention of both the City Clerk and the City Attorney. Notices to successors -in - interest of the Developer shall be required to be given by the City only for those successors -in - interest who have given the City written notice of their address for such notice. The parties Development Agreement for Funding Transportation Improvements Page 12 of 19 FG:54082696.4 Page 96 of 440 Back to Agenda hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 27. Reimbursement for Agreement Expenses of the City. Developer agrees to reimburse the City for actual expenses incurred over and above fees paid by Developer as an applicant incurred by City directly relating to this Agreement, including recording fees, publishing fees and reasonable staff and consultant costs not otherwise included within application fees. This Agreement shall not take effect until the fees provided for in this section, as well as any processing fees owed to the City for the transportation project known as the Campus Parkway Roundabout are paid to the City. Upon payment of all expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement of charges to the Developer. Section 28. Applicable Law, Resolution of Disputes, and Attorneys' Fees. If any dispute arises between the City and Developer under any of the provisions of this Agreement, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington or the U.S. District Court for Western Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The non - prevailing Party in any action brought to enforce this Agreement shall pay the other Parties' expenses and reasonable attorney's fees. Section 29. No Third -Party Beneficiaries. Except as otherwise provided herein, this Agreement shall not create any rights enforceable by any party who is not a Party to this Agreement. Section 30. City's right to breach. The parties agree that the City may, without incurring any liability, engage in action that would otherwise be a breach if the City makes a determination on the record that the action is necessary to avoid a serious threat to public health and safety, or if the action is required by federal or state law. Section 31. Developer's Compliance. The City's duties under the agreement are expressly conditioned upon the Developer's or Property Owner's substantial compliance with each and every term, condition, provision and/or covenant in this Agreement, including all applicable federal, state, and local laws and regulations and the Developer's/Property Owner's obligations as identified in any approval or project permit for the property identified in this Agreement. Section 32. Limitation on City's Liability for Breach. Any breach of this Agreement by the City shall give right only to damages under state contract law and shall not give rise to any liability under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution, or similar state constitutional provisions. Section 33. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party to challenge this Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer . In such event, Developer shall hold the City harmless from Development Agreement for Funding Transportation Improvements Page 13 of 19 FG:54082696.4 Page 97 of 440 Back to Agenda and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation. The Developer shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 34. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Development Agreement by any Party in default hereof. Section 35. Recording. This Agreement shall be recorded against the property with the real property records of the Kitsap County Auditor. During the term of the Agreement, it is binding upon the owners of the property and any successors in interest to such property. Section 36. Severability. If any phrase, provision or section of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either Party in good faith determines that such provision or provisions are material to its entering into this Agreement, that Party may elect to terminate this Agreement as to all of its obligations remaining unperformed. Section 37. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred 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 and remain in full force and effect. Section 38. Written Notice. All written communications regarding enforcement or alleged breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Unless otherwise specified, any written notice hereunder shall become effective upon the date of both emailing and mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated below: McCORMICK: Eric Campbell 12332 NE 115th Place Kirkland, WA 98033 eric(amspgroupllc.com Nick Tosti 805 Kirkland Avenue, Suite 200 Kirkland, WA 98033 nicktosti amail.com CITY: Mayor City of Port Orchard 216 Prospect Street Port Orchard WA 98366 rputaansuugcityofportorchard.us Copies shall also be transmitted to the City Clerk and City Attorney at the above address. Development Agreement for Funding Transportation Improvements Page 14 of 19 FG:54082696.4 Page 98 of 440 Back to Agenda GEM 1, LLC / MCCORMICK LAND COMPANY Doug Skrobut 1869 McGilvra Blvd E Seattle, WA 98112 dskrobut&gmail.com Section 39. Time is of the essence. All time limits set forth herein are of the essence. The Parties agree to perform all obligations under this Agreement with due diligence. Section 40. Entire Agreement. The written provisions and terms of this Agreement, together with the Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and exhibits thereto. IN WITNESS WHEREOF, the parties have executed this Agreement on this day of February 2021. MCCORMICK COMMUNITIES, LLC By: Its: GEM 1, LLC/McCORMICK LAND COMPANY By: Its: APPROVED AS TO FORM: Patrick Schneider Attorney for McCormick CITY OF PORT ORCHARD By: Its: Mayor APPROVED�OQRM: for Port Orchard Development Agreement for Funding Transportation Improvements Page 15 of 19 FG:54082696.4 Page 99 of 440 Back to Agenda APPROVED AS TO FORM: Duana Kolouskova Attorney for GEM 1, LLC/MLC ATTEST: Brandy Rinearson Port Orchard City Clerk Development Agreement for Funding Transportation Improvements Page 16 of 19 FG:54082696.4 Page 100 of 440 Back to Agenda NOTARY BLOCK FOR PORT ORCHARD STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Mr. Robert Putaansuu is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port Orchard to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: 20 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Development Agreement for Funding Transportation Improvements Page 17 of 19 FG:54082696.4 Page 101 of 440 Back to Agenda NOTARY BLOCK FOR McCORMICK COMMUNITIES STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that Mr. is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of McCormick Communities, LLC to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: 20 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at:_ My Commission expires: Development Agreement for Funding Transportation Improvements Page 18 of 19 FG:54082696.4 Page 102 of 440 Back to Agenda NOTARY BLOCK FOR GEM 1 / McCORMICK LAND COMPANY STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that Mr. Doug Skorbut is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of GEM 1, LLC/McCormick Land Company to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: 20 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at:_ My Commission expires: Development Agreement for Funding Transportation Improvements Page 19 of 19 FG:54082696.4 Page 103 of 440 Back to Agenda Exhibit A-1 McCormick Property List of Parcels Subject to Impact Fee Credit McCormick North 052301-4-023-2008 052301-4-027-2004 052301-4-024-2007 052301-4-025-2006 052301-4-026-2005 052301-4-013-2000 042301-3-011-2005 McCormick West 082301-2-002-2004 082301-2-003-2003 082301-1-013-2003 082301-2-004-2101 082301-1-010-2006 082301-1-014-2002 172301-2-002-2003 172301-2-004-2001 172301-2-003-2002 172301-2-006-2009 172301-2-005-2000 172301-2-007-2008 172301-3-004-2009 McCormick Woods 042301-3-010-2006 6031-000-131-0002 5552-000-045-0008 092301-1-005-2002 092301-4-004-2007 092301-1-009-2008 092301-4-005-2006 092301-4-003-2008 092301-4-002-2009 162301-1-021-2003 162301-1-020-2004 162301-1-019-2007 Page 104 of 440 Back to Agenda Exhibit A-2 McCormick Property Maps of Parcels/Areas Subject to Impact Fee Credit McCormick North McCormick West McCormick Woods Legend ........................................ % North • ........................................ •........................................ West +Y.......................................7 Wd Page 105 of 440 Back to Agenda Exhibit 6-1 List of Parcels with Vested Concurrency McCormick North 052301-4-023-2008 052301-4-027-2004 052301-4-024-2007 052301-4-025-2006 052301-4-026-2005 052301-4-013-2000 042301-3-011-2005 McCormick West 082301-2-002-2004 082301-2-003-2003 082301-1-013-2003 082301-2-004-2101 082301-1-010-2006 082301-1-014-2002 172301-2-002-2003 172301-2-004-2001 172301-2-003-2002 172301-2-006-2009 172301-2-005-2000 172301-2-007-2008 172301-3-004-2009 McCormick Woods 042301-3-010-2006 6031-000-131-0002 5552-000-045-0008 092301-1-005-2002 092301-4-004-2007 092301-1-009-2008 092301-4-005-2006 092301-4-003-2008 092301-4-002-2009 162301-1-021-2003 162301-1-020-2004 162301-1-019-2007 Legacy Lots 5190-000-018-0009 6031-000-032-0002 6031-000-025-0001 6031-000-063-0004 5161-000-021-0009 5145-000-023-0008 5139-000-013-0008 6031-000-074-0001 Page 106 of 440 Back to Agenda Exhibit 6-2 Map of Parcels/Areas with Vested Concurrency Legend McCormick North McCormick West McCormick Woods Golf Facilities ...................................... ti North ........................................ ........................................ West ........................................: ........................................ Wd ........................................: ........................................ GC ........................................: See Exhibit 61 for legacy lots vested to concurrency with this agreement Page 107 of 440 Back to Agenda Exhibit C Boundary of 2005 Traffic Agreement Page 108 of 440 Return Address: 200510210280 Page: 1 of 33 111111111111111111111111111111111111111111111111111111 10/21/2005 02:58P MCCORMICK LAND CO AGMT $64.00 Kitsap Co, WA McCormick Land Company 4978 SW Lake Flora Rd Port Orchard, WA 98367 AUDITOR/RECORDER'S INDEXING FORM Back to Agenda Document 1. Development Agreement Title(s): TrAL Reference Number(s) of Documents assigned or NA released: Grantor(s) 1. Kitsap County Additional names on page of document. Grantee(s) 1. GEMl, LLC Additional names on page of document. Legal Portions the NE and SE quarters of the NW quarter and portions of the NE and SE quarters of the SW Description: quarter and portions of the NE, SE, and SW quarter all in Section 5 and portions of the NW, NE, SE, and (abbreviated) SW quarters of the SW quarter of Section 4 and portions of the SW and SE quarters of the SE quarter of Section 4 and portions of all of Section 9 and portions of all of Section 8 and portions of the NW, NE, SE, and SW quarters of the NW quarter of Section 17 and a portion of the NW and NE quarters of the SW quarter of Section 17, All in'Township 23 North, Range 1 East, Willamette Meridian, Kitsap County, Washington Additional legal is on pages of document. Assessor's Property Tax Parcel/Account Number: 052301-2-027-2008, 052301-2.026-2009, 052301-2-025- 2000, 052301-3-037-2004, 052301-4-017-2006, 052301- 4-018-2005, 052301-4-013-2000, 052301-4-014-2009, 052301-4-015-2008, 052301-4-016-2007, 042301-3-006- 2002, 042301-3-005-2003, 092301-1-003-2004, 092301- 1-004-2003, 5190-000-052-0006, 6031-000-146-0005, 6031-000-131-0002, 082301-2-003-2003, 082301-1-013- 2003, 082301-1-010-2006, 082301-1-014-2002, 172301- 2-002,2003, 172301-2-003-2002, 172301-2-004-2001, 172301-2-005-2000, 172301-2-006-2009, 172301-2-007- 2008, 172301-3-004-2009 Page 109 of 440 Back to Agenda RESOLUTION -2005 A RESOLUTION RECOGNIZING THE ADOPTION OF DEVELOPMENT AGREEMENTS ASSOCIATED WITH THE MCCORMICK NORTH MASTER PLAN AND THE MCCORMICK URBAN VILLAGE WHEREAS Kitsap County Code Section 21,04.110(D) authorized the Kitsap County Board of Commissioners to approve development agreements under RCW 36.70B.170 et, seq.; and WHEREAS RCW 36.70B.170, et. seq., authorizes counties to enter into development agreements with owners of real property"; and WHEREAS RCW 36.70B.200 requires that a county approve a development agreement by ordinance or resolution after a public hearing and allows a hearing examiner to conduct that public hearing; and WHEREAS GEM 1, LLC, by and through its agent, McCormick Land Company, requested approval of, inter alia, the McCormick North Master Plan, the McCormick Urban Village Open Space, Parks and Recreation Plan, and the McCormick Urban - Village Transportation Plan, along with three associated development agreements described as follows! (1) Development Agreement for Stonnwater (for McCormick North Master Plan. Phase 2) to be executed between Kitsap County, GEM 1, and the South Kitsap School District, and (2) Development Agreement for Open Space, Parks and Recreation (for McCormick Urban Village) to be executed between Kitsap County and GEM 1, and (3) Development Agreement for Transportation (for McCormick Urban Village) to be executed between Kitsap County and GEM 1; and WHEREAS the Kitsap County Hearing Examiner held open record public hearings on November 18, 2004 and on December 9, 2004, and the Kitsap County Board of Commissioners held closed record public hearings on March 14, 2005 and on April 25, 2005 regarding, inter alia, the approval of theplans and the development agreements; and WHEREAS the Kitsap County Board of Commissioners issued a final written decision on May 9, 2005 (attached hereto as Exhibit A) formally approving all three development agreements (Exhibit B), as well as the plans and associated applications. // 200510210280 Paget 2 33 16/21/2085f60t511 KiEsap Goy w MGCORMICK LAND GO AGMT �4.00 Page 110 of 440 11 ft NOW THEREFORE, BE IT RESOLVED: copy Back to Agenda The Kitsap County Board of Commissioners recognizes the May 9, 2005 approvals of the Development Agreement for Stormwater, the Development Agreement for Open Space, Parks, and Recreation, and the Development Agreement for Transportation. �0MMi Q '•p,TE�' `� O� co • � • ATTEST; ItJI! Op 1 Robertson Clerk of the Board 4 c• BOARD. OF COUNTY COMMISSIONERS K1 T'SAP COUWTY<WASHINGTON V i Commissioner Patty Lent, ?1�4nis/sione-r' 200510210280 Page, 3 of 33 1012112005 02:58P MCCDRMICK LAND CO AGMT $64.00 Kitsap Co, WA Page 111 of 440 Back to Agenda McCORMICK URBAN VILLAGE. DEVELOPMENT AGREEMENT FOR TRANSPORTATION THIS AGREEMENT is entered into between Kitsap County, a Washington municipal corporation ("the County"), and GEM I LLC, a Washington corporation ("GEM"). RECITALS A. WHEREAS,. GEM is the owner of the undeveloped lands included in the South Kitsap UGA/ULID ##6 Sub -Area Plan ("Plan"), known as "McCormick Urban Village"; and B: WHEREAS, Kitsap County has adopted Kitsap County Code ("KCC") Chapter 17.428, "Master Planning Requirements for. the South Kitsap UGA/ULID #6 Sub -Area" to implement the Sub -Area Plan; and C. WHEREAS, GEM has applied for a Master Plan Approval under Application No 0418788 pursuant to the requirements of KCC Chapter 17.428 for portions of the McCormick Urban Village north of ,Old Clifton Road designated Urban Cluster Residential, and known as McCormick North Phases I and H; and D. WHEREAS, Kitsap County Code Section 17.428:060(B)(6) requires that the Master Plan Application include a plan for "the phasing of on and off -site public -street and transportation facilities (e.g., sidewalks, bike and pedestrian trails and paths, bus stops; street lights, traffic signals, utilities or improvements of adjacent streets) .consistent with Titles 18 and 19....";and E. WHEREAS, Kitsap County Code 17.428.060(B)(6)(c)(ii) requires that the Master Plan Application's transportation analysis "identify potential methods for funding the design and construction of the system improvements needed to serve the affected areas at full build -out"; and. F. -WHEREAS, in the Master Plan Scoping Summary Report for McCormick North - Phase I, dated April 21, 2004, the Department of Community Development ("DCD") required that the master plan include a full transportation phasing plan including funding sources for McCormick Urban Village (i.e., the entire area that is. subject to the ULID #6 Sub -Area Plan); and G. WHEREAS, Kitsap County Code Section 4.110.230(C), Independent Fee Calculations, allow developers to submit and the County to approve an independent fee calculation for a particular development that replaces -the fees in KCC 4.110.200 or 4.11.210; and H. WHEREAS, GEM has submitted, as part of the Master Plan Application, the McCormick Urban Village Transportation Plan, which assesses the traffic impacts of and identifies the Kitsap County transportation system improvements needed to support the full build Development Agreement - 1 200510210280 Page: 4 of 33 10/21/2005 02:58P PacXGUM1 MUND CO AGMT 1E4.00 Kitsap Co, WA Back to Agenda out of McCormick Urban Village, estimates the costs of constructing the identified system improvements, and calculates the traffic. impact fees. that represent the development's. proportionate share of these system improvements; and I. WHEREAS Kitsap County has reviewed the McCormick Urban Village Transportation Plan for compliance with all adopted standards and requirements; and J. WHEREAS, the Kitsap County Departments of Community Development ("DCD") and Public Works have reviewed the fee calculations submitted by GEM as part of the Transportation Plan and determined' 1) . that the traffic improvements identified in the Transportation Plan and listed here in Exhibit A mitigate the traffic impacts, of the full build -out of the McCormick Urban Village; and 2) that the traffic impacts fees set forth in this Agreement fiend 100% of the McCormick Urban Village's proportionate share of the estimated costs of the necessary transportation system improvements within the jurisdiction of Kitsap County, as well as contribute to the funding of the regional improvements which are the subject of the regional traffic impact fees already imposed pursuant to KCC Chapter 4.110; and K, WHEREAS, the parties wish to assure that the traffic impact fees collected within the area of the. McCormick Urban Village are expended to fund the required system improvements; and L. WHEREAS, the parties anticipate that development of McCormick Urban Village will occur over a period of ,years and that they wish to implement a plan for funding and. constructing the required Kitsap County transportation system improvements at such time as impacts occur and improvements are warranted; and M. WHEREAS, the parties wish to have an assurance that the increase in impact fees provided by this Agreement satisfies Kitsap County's requirements to mitigate traffic. impacts projected to occur to the County's transportation system as the result of the build -out of McCormick Urban Village, and N. WHEREAS, GEM wishes assurance that it will receive impact fee reimbursements, as appropriate, from Kitsap County if and when GEM constructs certain transportation system improvements, which are listed in the Transportation Plan and would otherwise be constructed by Kitsap County; and O. WHEREAS Kitsap County has jurisdiction over land* within unincorporated Kitsap County and is authorized under RCW 82.02.050-.090 and KCC Chapter 4.110 to impose impact fees to pay for system improvements that are reasonably related to the new development; and P. WHEREAS, RCW 36.70B.170, et. seq., authorizes counties to enter into development agreements providing for, among other things, "development standards and other provisions that shall apply to and `govern and vest the development, use, and mitigation of the development. Development Agreement - 2 200510210280 1111111111111111111111111111111111111111111111111111111 Page: 5 of 33 18/21/2005 02:58P FPWj(QRMMf446O CO AGMT $64.06 Kitsap Co, WA Back to Agenda AGREEMENT NOW, .THEREFORE, the County and GEM agree as follows: Applicability. This Agreement applies only to those parcels within the McCormick Urban Village, shown on the map attached as Exhibit C, that are owned by GEM as of the execution date of this Agreement and listed in Exhibit D, and to parcels within the McCormick Urban Village which are acquired by GEM after the date of this Agreement. GEM will notify the County of any such purchase so that the later -purchased parcels can be incorporated into the County's tracking system designed to carry out this Agreement. In accordance. with section 19 below, subsequent sales of these. parcels will not affect this Agreement's. applicability. Any reference to ULID #6 or McCormick Urban Village for .purposes of collecting or reimbursement of impact fees shall be limited to the applicable parcels. 2. County Adoption of Alternative Fees. Kitsap County hereby adopts, pursuant to KCC 4.110.230(C), the McCormick Urban Village Traffic Impact Fees attached hereto as Exhibit A.' Funds generated by fees paid pursuant to Exhibit A shall be expended on transportation system improvement projects listed in Exhibit A, so long as the improvement has been listed on the County's Transportation Improvement Program (TIP) pursuant to Section 3 of this Agreement, provided the portion 'of the fee designated as the "regional per trip fee" is still to be expended on regional improvements within the applicable service area to the extent that those regional improvements are located outside the McCormick Urban Village, and provided the administrative fee specified in Exhibit A shall be retained by Kitsap County and placed in the general fund. In the event that the fee schedule in KCC 4.110.200 for regional improvements outside the McCormick Urban Village is adjusted in the future, the "regional per trip fee" set forth in Exhibit A shall be adjusted accordingly. 3. County Inclusion of Projects in Six -Year TIP. When appropriate, in its annual update of its Six -Year Transportation Improvement Program (TIP), Mtsap County shall include, as warranted, the appropriate transportation system projects from the McCormick Urban Village Transportation Plan. The Conceptual Improvement Phasing Plan in the McCormick Urban Village Transportation Plan shall be reviewed and modified as appropriate at the time of the TIP update, taking into consideration county resources and competing priorities, in order to assure that Kitsap County transportation system improvements anticipated for various portions of the McCormick Urban Village are developed reasonably concurrent with the residential and other uses of McCormick Urban Village and other developments which generate the need for such improvements. 4. County Construction of Improvements. As funding allows, Kitsap County (or GEM, pursuant to Section 5 of this Agreement) shall construct the transportation system improvements identified in Exhibit A, according to the McCormick Urban Village Transportation Plan. The County anticipates that GEM will construct the Glenwood Connector Roadway improvement as. well as the Cliflon Road \ Feigley Road intersection Development Agreement - 3 200510210280 Page; 8 of 33 1111111111111111111111111111111111111111111111111111111 10r'21/2005 02:58P PagerldtOff LAND CO AGMT $64.00 Kitsap Co, OR Back to Agenda improvement except for the traffic signal. The timing of construction of such improvements shall be reviewed and modified as appropriate at the time of specific land use approvals for development within McCormick Urban Village in order to assure that Kitsap County transportation system improvements anticipated for various portions of the McCormick Urban Village are developed reasonably concurrent with the residential and other uses of McCormick Urban Village and other developments which generate the need for such improvements. 5. GEM Construction of Improvements. With the County's prior approval, GEM may construct improvements that this Agreement anticipates will be constructed by Kitsap County under Section 4 above. In the event that GEM constructs projects pursuant to this Section, the design and construction thereofshall be coordinated with and approved by the Kitsap County Departments of Community Development and Public Works, shall be subject to Kitsap County permit requirements in effect at the date of application for construction permits, and shall be. subject to the requirements of RCW Chapter 39.04 to the extent the improvement can be classified as a public work. As described below, for each such improvement so constructed, GEM may apply for an impact fee reimbursement. 6. Reimbursement for Construction by GEM. As allowed by KCC Chapter 4.110 and to the extent funds are available, .the County shall reimburse GEM for the cost of construction. Such reimbursement shall be paid from non -regional impact fees actually collected by Kitsap County from .development within the McCormick Urban'Village pursuant to this Agreement, and other approved sources of funds for construction of County road improvements. The reimbursement from impact fees shall be equal to thirty-five percent (35%) of the sub -area impact 'fees collected pursuant to this Agreement. These funds shall be paid to GEM after GEM applies for reimbursement for .:the improvement GEM constructed and the reimbursement amount has been calculated and approved by Kitsap County, and then annually thereafter until the approved reimbursement amount for that project has been fully repaid. If GEM constructs multiple improvements, each reimbursement request will be evaluated separately, and will not increase the percentage reimbursed, but will be added to the total amount to be reimbursed. In the event that GEM constructs more than thirty-five percent of the improvements listed in Exhibit A, the parties.will meet and modify, if necessary and as appropriate, the percentage of the sub -area impact fees to be paid to GEM as reimbursement. In no event shall GEM be entitled to reimbursements pursuant to this Agreement which are in excess of amounts actually spent constructing improvements listed on Exhibit A and in no case shall GEM be reimbursed for improvements not listed on Exhibit A. These provisions are intended to assure that GEM pays its proportionate share of the cost of the improvements subject to this Agreement through the payment of impact fees and that Kitsap County pays for the share of the cost of the improvements which are attributable to existingtraffic and/or traffic generated by other development, consistent with KCC Chapter 4.110 relating to Roads Impact Fees. Development Agreement - 4 200510210280 i0/21/2005f 02:58P MCCORMICK LAND CO AGMT $64.00 Kitsap Co, WA Back to Agenda 7. Limits on County Authority. Nothing in this Agreement shall be construed as limiting Kitsap County's authority to assess fees or impose conditions requiring construction of traffic improvements on projects outside the area which is the subject of the McCormick Urban Village. 8. Projects Outside Kitsap County Jurisdiction. At such time as Kitsap County enters into a formal agreement regarding funding of transportation improvements with any other jurisdiction, such as WSDOT or the City of Port Orchard, and such agreement provides for the imposition of additional traffic impact fees for specific projects administered by such other jurisdictions, GEM and Kitsap County agree to amend this Agreement so that future development within McCormick Urban Village shall be subject to such additional fees. 9. Dedication of Right -of -Way. To the extent that road improvements which occur pursuant to this Agreement require additional right-of-way, GEM will dedicate that portion of the additional right-of-way which is to be located on property owned by GEM or its. affiliates. Such dedications shall occur within a. mutually agreeable timeframe prior to the bid solicitation for the project requiring the additional right-of-way. 10. County Adoption of Special -Non- Motorized Mitigation Payment. Kitsap County shall adopt, as a SEPA mitigation measure, the McCormick Urban Village Non - Motorized Mitigation Fee in the amount of $8.69 per trip as more specifically set forth in the McCormick Urban Village Transportation Plan. This fee is intended to represent a proportionate share payment to address the impacts of the McCormick Urban Village. The revenue from this fee shall be used in part for the design and construction of a regional bike lane. along Old Clifton Road between Sunnyslope Drive and the Port Orchard City limits at SR-16, as identified in the Kitsap County Bicycle Facilities Plan (May 2001). The Non -Motorized Mitigation Fee shall be collected in accordance with . KCC Chapter 4.110 and in addition to the Traffic .Impact Fees described in Section 2 of this Agreement. The timing of the construction of the regional bike lane will be coordinated with other improvements to Old Clifton Road, the schedule for which shall be determined by Kitsap County as set forth in Sections 3 and 4, above. 11. Concurrency. Kitsap County agrees that adoption, and implementation of this Development Agreement will provide adequate road system capacity for the full build - out of the McCormick Urban Village in accordance with the adopted ULID #6 Sub -Area Plan. A concurrency approval for full build -out of the McCormick Urban Village in accordance with the adopted ULID #6 Sub -Area Plan shall be issued by Kitsap County. No further concurrency applications will be required for future development applications which are consistent with the adopted ULID #6 Sub -Area Plan. Kitsap County reserves the right to require concurrency review and approval for future development within the McCormick Urban Village to the extent that such development exceeds the levels approved by that Sub -Area Plan. 12. Annexation. As provided by RCW 36.70B.190, while this Agreement is in effect, "the agreement is binding on ... a city that assumes jurisdiction through incorporation or Development Agreement - 5 200510210280 1111111111111111111111111111111111111111111111111111111 Page: 8 of 33 10r21/2005 02:58P Pa 6'A?6, %ND CO RGMT $64.06 Kitsap Co, WA Back to Agenda annexation of the area covering the property covered by the development agreement. In the event McCormick Urban Village is annexed or incorporated into a municipality, and the municipality agrees that it is bound by this agreement, all impact fees collected by Kitsap County pursuant to this Agreement that represent the proportional share of the costs for system improvements reasonably related to the McCormick Urban Village regional system improvements that are listed in the Capital Facilities Plan and that are available at the time of annexation shall be conveyed to the municipality for use in funding construction of the necessary transportation system improvements which are the subject of this Agreement. 13. Vesting Rules. This Agreement shall remain in effect for all development within the McCormick Urban Village that is listed in the ULID #6 Sub -Area Plan for a period ending 15 years after the completion of construction of all of the improvements listed in Exhibit A. Kitsap County will not impose additional transportation impact fees against development that pays impact pays fees pursuant to this Agreement except to. the extent that the fee for regional improvements outside the McCormick Urban Villageis modified as set forth in Section 2. With respect to McCormick North Phase II, South Kitsap School District shall not be required to pay any impact fees now or later established under the provisions of this Agreement so long as the school site is used for school purposes. 14. Application of KCC Chapter 4.110. Except as provided under Paragraph 13, the provisions of KCC 4.110, as now or hereafter amended, shall apply to the fees collected, pursuant to this Agreement, including but not limited to; establishing procedures for collection of impact fees, requirements regarding the point in time when fees must be paid, adjustments based on the Consumer Price Index, and exemptions from impact fee requirements for certain uses. 15. Indemnification. To the fullest extent permitted by law, GEM shall indemnify, defend, and hold harmless the County, its elected and appointed officials, officers, employees and agents from and against all claims, actions, suits, liability, loss, expenses, damages and judgments, including attorneys fees. and costs, regarding the collection and/or reimbursement of impact fees pursuant to this Agreement. In the event that a court of competent jurisdiction determines that fees collected pursuant to this Agreement have been improperly collected, the party holding such fees (including any fees that have been paid to GEM as a reimbursement pursuant to this Agreement) shall be refunded to the original payor(s) of the impact fees. In the event that a court of competent jurisdiction determines that the collection of impact fees to pay for any of the road projects listed in Exhibit A is improper, the fee established by this Agreement shall be adjusted accordingly, and the SEPA review process for all subsequent land use approvals for development within McCormick Urban Village shall include an evaluation of the need for and allocation of responsibility for design and construction of the improvements that were originally intended to be constructed using the impact fees established by this Agreement. 200510210280 Deyeloprrient Agreement - 6 MGCORMICK LAND CO i AGMT Rage. 3 0} 33 $64.0N Kitsap�CO, WR05 2'S3P Page 117 of 440 Back to Agenda 16. Severability. If a court of competent jurisdiction holds any provision of this Agreement to be illegal, invalid or unenforceable, in whole or in part, the validity of the remaining provisions will not be affected, and the parties' rights and obligations will be ' construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If any provision of the Agreement conflicts with any statutory provision of the State of Washington-, the provision will be deemed inoperative to the extent of the conflict or modified to conform to statutory requirements. 17. Amendments. Except as otherwise provided in this Section, no change or modification of this Agreement shall be valid unless the same is- in writing and is signed by the authorized representatives of Kitsap County and GEM. No purported or alleged waiver of any of the provisions of this Agreement shall be binding or effective unless in writing and signed by the party againstwhom it is sought to be enforced. 18. Serious Threat to Public Health and Safety. Pursuant to RCW 36:70B.170(4), the County reserves. the authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 19. Binding Effect. This Agreement shall be recorded with the Kitsap County Auditor. and shall inure to the benefit of and be binding upon the heirs, personal representatives, successors and assigns of the parties hereto. Any city that assumes jurisdiction through incorporation or annexation of the area subject to this Agreement shall also be bound to this Agreement, pursuant to RCW 36.7013.190. A list of parcels subject to: this Agreement as of the date of execution of this Agreement is attached hereto as Exhibit D. 20. Relationship of the Parties. Notwithstanding any other provision of this Agreement, or any other agreements, contracts, or obligations which may derive herefrom, nothing herein shall be construed to make the County or GEM partners or joint venturers, or to render any other parties liable for any of the debts or obligations of the other parties, it being the intention of this Agreement merely to create the agreements set forth herein with regard to transportation improvements to mitigate the traffic impacts of the McCormick Urban Village. 21. Applicable Law and Venue. This Agreement shall be governed by -and construed in accordance with the laws of the State of Washington. Any action with respect to this Agreement shall be brought in Kitsap County Superior Court, Port Orchard, Washington. 22. Multiple Originals. This Agreement may be executed in multiple copies, each of which shall be deemed an original. 23. Construction. The captions throughout this Agreement are for convenience and reference only and the words contained in them shall not be .held to expand, modify, amplify or aid in the interpretation, construction or meaning of this Agreement. All parties hereto have been represented by legal counsel and accordingly hereby waive the general rule of construction that an agreement shall be construed against its drafter. Development Agreement - 7 200510210280 Pag10/of 3 21120050.58P ROT $64.08 Kitsap CO) WR Back to Agenda EXECUTED by the parties on the dates hereinafter indicated. DATED: L ;I G ) . KITSAP COUNTY BOARD OF COMMISSIONERS ATTEST: 44: P Opal Robertson Clerk of the Bo.._.. APPROVED AS TO FORM: By: p ty Prosecuting Attorney Date: GEM 1, LLC By: Gee, I QwA Q. •• 'Co - --- Its: Managing Mlem Date:�Or�i ife.,,`4f rnlcL W STATE OF VhkSHINGTON ) ss. Scu-v'anMeti{b R� COUNTY OF Y4TSAR ) I certify that I know of have satisfactory evidence that Scoftt. INIcof is the person who appeared before. me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she' was authorized to execute the instrument and acknowledge it as the Development Agreement - 8 200510210280 Nage: 11 c£ 33 �ibbK tat Co AGMT CC % Kit sapcCo, WA S$P � Back to Agenda �� of GEM 1, LLC to be the fee and voluntary act of such party for the ppuurpotes mentioned in the instrument. SUBSCRIBED AND SWORN to before me this �` day of K i l 2005. P. A, 01WIORM Cw"MIM # 1"wo a C° NOTARY PUBLIC in and for. the State of 8ocra mwdo County My Comm.Expirea,lanl.Cali fvrwi`«W�n, residing at ,lac rc�w��eri%o o My appointment expires: 01 /o1 log APPROVE TO F By: Attorney for GEM 1, C Date:. [ �" if k Development Agreement - 9 MC�oPM14K 008 7 0210280 LAND DD age 12 of 33 RGMT '4.00 KiGt.sa�`Dd5 .Z R ��01 WRG1- 58P Page 120 of 440 Back to Agenda EXHIBIT A Clifton \ Sunnyslope intersection Clifton \ Feigley intersection Clifton \ Campus Parkway intersection Clifton 1 McCormick Woods Drive intersection Clifton \ Anderson Hill Road intersection Clifton \ Berry bake Road intersection Glenwood Connector Roadway' Sunnyslope Road Widening Clifton Road Widening sub -total Contingency @ 30% Total # of Trips Sub -area Per Trip Fee County administrative fee (1% of sub -area per trip fee) Regional Per Trip Fee Total Per Trip Fee GSM's Proportionate Share' 126,000 235,000 371,000 110,000 173,000 165,000 2,000,0.00 384,000 2,000,000 5,564,000 1,669,200 7,233,200 50,380 $143.57 $1.44 $4.56 . $149.57 * Does not include the Non -Motorized Fee established pursuant to Section 10. 1 GEM's Proportionate Share has been calculated using the percent of the impacts on transportation created by the McCormick Village as set forth in the ULID #6 Environmental Impact Statement. 2 The Glenwood Connector Roadway will be designated as a system improvement to support the full build -out of McCormick Village. The McCormick Village's fair share of the improvement is I00%/. The Glenwood Connector Roadway is not a public work for purposes of RCW chapter 39.04. Development Agreement - 10 200510210280 III $1111 IIII 111IIIII 1111�111�10/21/2005of82 58P Page 121'KId — "" ____- - MGGO MICK LAND CO AGMT $64.06 Kitsap Co, W Back to Agenda EXHIBIT B MCCORMICK URBAN VILLAGE. TRANSPORTATION PLAN Development Agreement - 11 200510210280 10/21r2005�� 02 58P MCCORMICK LAND CO RGMT CC % Kitsap Co, WA Page 122 of 440 Back to Agenda McCormick Urban Viilaqe Transportation Plan _ _ Avrl[25 2005._ McCormick Urban. illage. Transportation Plan April 25, 2005 introduction This Transportation Plan defines transportation improvement needs and an implementation program to support full build out of McCormick Urban Village. The Transportation Plan was. prepared pursuant to the requirements of KCC 17.428.060(6), and includes the following components: • Transportation Analysis • Transportation Phasing Program Independent Roads Impact Fee Calculation The transportation analysis identifies project transportation impacts and the improvements that will be needed to support full build out of McCormick Urban Village, consistent with the South Ntsap UGA/ ULID#6 Sub Ana. Plan'. In addition to identifying transportation. improvement needs; the Transportation Plan .presents an initial program for phasing improvements based on a conceptual development phasing strategy. The transportation phasing program will be reevaluated and modified, if necessary; as the McCormick Urban Village plan is implemented through master planning and other public permitting processes, in.order to assure that transportation improvements occur concurrently with the development which creates the need for the improvements. The Transportation Plan also includes_ a proposed program for funding the needed transportation system improvements through modification of the County's Roads Impact Fee. The impact fee program is intended to provide a systematic process for funding transportation improvements to meet County requirements.Consistent with current Kitsap County policy, the proposed program for funding includes the required Kitsap County transportation system improvements. A DevelopmentAgreementforTrancportation has been drafted to implement this Transportation Plan. Transportation Analysis The transportation analysis for the McCormick Urban Village identifies the transportation system needed to support build out of the Sub -Area Plan. It is consistent with the overall transportation needs and strategies identified in the McCormick Urban Village Plan. and EIS. This transportation analysis expands the analysis contained in the Plan and EIS to address the specific needs of the McCormick Urban Village. It differs from the analysis_ contained in the South Plan and EIS to the extent that it does not identify or plan for build out of other potential major developments such as the South Kitsap Industrial Area (SKIA) and the Northwest The Soxth Krtrap UGAI LUD#6 Sub -Area Plan, now known as the McCormick Urban Village Plan, was adopted by Kitsap County on. December 8, 2003. The Transpo Group, with revisions as directed by Kitsap County, April 25, 2005 101080.08/Transportation Plan 6.doc 200510210280 Page: 15 of 33 10/81/2005 02:58P 5A6' Na CO AGMT 184.00 Kitsap Co, WA Back to Agenda McCormick Urban Village Transportation Plan April 25, 2605 Corporate Campus, whichwill be the subject of separate transportation analyses specific to the impacts of those developments. The transportation analysis is presented as follows: • Access and- Circulation • Roads Improvement Plans • Non -motorized Transportation Facilities • Transit Service Plan • Transportation Demand Management Program Access and Circulation Old Clifton Road is. and will continue to serve as the primary arterial connection between the McCormick Urban Village and the regional transportation system. Old Clifton Road is an east - west corridor, currently classified by the County as a minor arterial. -It currently has two travel lanes, with turn lanes at some intersections. To the east of the project site it connects to Tremont Street, which provides access to/from the City of Port Orchard, and to SR-16, which is the state highway connecting Kitsap County to Pierce County, Tacoma and the I-5 corridor. To the west, Old Clifton Road connects Sunnyslope Road and SR-.3, the state highway connecting south Kitsap County to central and north Kitsap County, and to Mason County. A new collector road from the southeast portion of the existing McCormick Woods development to/from Glenwood Road. and the SR-1.6 interchange at Sedgwick Road also is required and will be constructed by January 2006. This connection will serve as an additional access between the McCormick Urban Village and other parts of the Kitsap County road system. Some of the Village development sites will access Old Clifton Road from existing streets. These include Anderson Hill Road, McCormick Woods Drive, and Feigley Road., Anderson Hill Road is a north -south, minor arterial north of Old Clifton Road. It is located on the east'si.de of the Master Plan. Only right -turn movements are allowed to/from Anderson Hill Road at SR 16. This route provides ingress to. -the Master Plan from Bremerton and other areas to the north. Traffic traveling north from the McCormick Urban Village will use Old Clifton. Road to connect to SR-16 or will connect to SR-3 via Sunnyslope Road. Anderson Hill Road has two travel lanes and unpaved shoulders. A stop sign provides traffic control at the approach of Anderson Hill Road to Old Clifton Road. Traffic on Old Clifton Road is not presently controlled at this location.. McCormick Woods. Drive is a two-lane roadway that provides access and circulation to the existing McCormick Woods residential and golf course development south of Old Clifton Road. At the intersection with Old Clifton Road, McCormick Woods Drive is stop sign controlled. Traffic on Old Clifton Road is not presently controlled at this location. Feigley Road is a narrow, two-lane roadway with no shoulders. It is located north of Old Clifton Road and connects to Gorst and to the City of Bremerton. Only right�turn movements are allowed to and from Feigley Road at SR-16. A stop sign on Feigley Road controls traffic at its The Transpo Group, with revisions as directed by Kitsaa County April 25. 2nn5 i m ARn pa 6.doc 200510210280 Page age: 16 33 1 411111111111111111111111111111111111111111111111111 16/221/2005,f 0258P MCCORMICK LAND CO AGMT $64.00 Kitsap Co, WA Back to Agenda McCormick Urban Village Transportation Plan April 25, 2005 intersection with Old Clifton Road. Traffic on Old Clifton Road is not presently controlled at this location. The conceptual land use plan for the McCormick Urban Village identifies additional circulation and access roadways which will be needed to support the full development of the McCormick Urban Village. In order to create a usable parcel for a school site, the existing "old" Feigley Road will be cul-de-sac'd approximately 1,000 feet north of Old Clifton Road and a new extension of Feigley will be constructed along the east boundary of the school site, intersecting Old Clifton Road approximately 1,500 feet east of the existing intersection. A new access and circulation road system will also be developed within the McCormick West area, including a connection between the new roads in McCormick West and existing McCormick Woods Drive. This connection would_ provide for local circulation within major areas of the Master Plan without requiring travel on Old Clifton Road. This will enhance connectivity between the residential: areas and the village center, community center, parks;. and golf course, provide a secondary access point ,to both McCormick Woods and McCormick West, and reduce potential impacts on Old Clifton Road. Internal access and circulation roads will be developed as part of the application for each development area. These will include on -site circulation roads and new intersections with Old Clifton Road, Feigley Road, and Anderson Hill Road. The objective is to provide a limited number of new access points along Old Clifton Road to help, maintain the capacity and. safe• operational status of the atterial while providing adequate accessibility for the development. Roads Improvement Plan Road improvements that will be required to accommodate the additional traffic generated by the Master Plan were identified based on the proposed development as shown in Table 1. The table identifies the number of vehicle trips that would be generated by each development component. Full. build out of the McCormick Urban Village will generate an estimated total of 4,935 trips during the PM peak hour and 50,380 trips per day. Table 1: Proposed Development and Trip Generation Development .. Peak DailyPM McCormick Woods Conference Center 122 1,630 Unbuilt McCormick Woods 471 du's 476 4,740 McCormick North Phase 1 (East) 506 dues 505 5,030 McCormick North Phase it (Feiglay) 200.du's 202 2,010 McCormick Woods West 1750 du's 1768 17,610 Village Residential (Multi -Family) 680 du's 422 4,490 Village Business Park 40 Acres 674 5,990 Village Retail 6 Acres 244 2,810 McCormick Woods Retail 4 Acres 163 1,870 Jr High and High Schools 2,500 students 359 4,200 Total 4,935 50,360 (1) The maximum total number of units allowed In McCormick Urban Village (including existing units In McCormick Woods) is 4,162. A slightly higher number of units has been assumed for the purposes of this analysis only. The Transpo Group, with revisions as directed by Kitsap County, April 25, 2005 101080.08/Transportation Plan 6.doc 200510210280 Page: 17 of 33 Page125 o MCCORMICK LAND CO AGMT $64.00 Kitsap�Co, WA 58P ack to Agend McCormick Urban Village Transportation Plan April 25, 2005 The development -generated traffic was distributed to the vicinity road system using the same distribution model that was used in the transportation analysis for the McCormick Urban Village Plan. Traffic operations at each affected intersection in the area were evaluated to identify the improvements which will be needed to accommodate the proposed development. Potential intersection improvements that resolve deficiencies are shown in. Figure 1 and listed in Tables 2 and 2a: Also included are proposed road widenings for Sunnyslope Road and Old Clifton Road, consistent with the Plan and EIS. Table 2 lists the transportation system improvements within Kitsap County's jurisdiction; Table 2a lists the improvements outside the County's jurisdiction. Kitsap County may choose to require alternative. designs. for improvements. These could include use of roundabouts instead of traffic signals and channelization. Table'2: Improvements Within Kitsap County's jurisdiction Clifton / Sunnyslope Intersection $126,000 . 2011 ' Clifton / Feigley Intersection $235,000 2005 Clifton I Campus Parkway Intersection $371,000 2006 Clifton / McCormick Woods Dr Intersection $110,000 2009 Clifton / Anderson Hill Rd Intersection $173,000 2006 Clifton / Berry Lake Rd Intersection $165,009, 2006 Glenwood Connector Roadway (2) $2,000,000 2005 Sunnyslope Road Widening $384,006 2020 Clifton Road Widening $2,060.000 2020 Subtotal $5,564,000 Engineering & Contingency (30%) 1 669 200 Total $7,233,200 (1) Costs are in 2004 dollars and are planning level estimates that do not include potential costs for right - of -ay acquisition, utility relocation, major structural work, or major environmental mitigation: The Inclusion of 30% for engineering plus contingency costs is to allow for right -of --way ecqulsitldn outside of GEM/MLC ownership, design, and environmental mitigation. Kitsap_ County may choose to require alternate designs for improvements, such as roundabouts. (2) The Glenwood Collector Roadway (a new road) Is an addition to the Kitsap County road system. With designation of the McCormick Urban Village within the South Kksap Urban Growth Area In 2003, which is planned for a mixed -use community of over 4,000 housing units, village center, business park, and recreational uses, this "connector" should be designated as part of the Kitsap Countyroad system. The entire (100%) estimated cost of construction, $2,000,000, Is Included in the Urban Village Pro-Rata share cost. 200510210280 Page: 18 10/of 2112005 33 02 5sP MCCORMICK LAND CO AUMT $64.% Kitsap Co, WA The Transpo Group, with revisions as directed by Kitsap county, April 25, 2005 101 080.08/Transportation Plan 6.doc 4 Page 126 of 440 Back to Agenda McCormick Urban Village Transportation Plan April 25; 2005 Table 2a: Improvements Outside of.Kitsap County's Jurisdiction SR-3 / Lake Flora Intersection 1 SR-3 / Sunnyslope Intersection „ . Clifton / SR-16 SB Intersection Clifton / SR-16 NB Intersection Treemont / Pottery Intersection Sedgwick / SR-16 NB Intersection Table 2 also includes estimated costs for the improvements within Kitsap County's jurisdiction. The pro-rata share is the ratio of Village -generated traffic to total traffic at the intersection during the PM peak hour. The pro-rata share ratio was applied to the total improvement cost to arrive at the share of the cost attributable to Village traffic. Total pro-rata share costs of the required transportation improvements within Kitsap County's jurisdiction are estimated at approximately $7,233,200 to address. impacts of the McCormickUrban Village. Transportation Concurrency An application for a Certificate of Concurrency is part of this Plan. Concurrency is included in the draft DevelopmMtAgreementforTranrjiortataon. The Concurrency standard in Kitsap County is based on level of service (LOS) for road segments. The Kitsap County standard for urban road segments is LOS D or better. Level. D means that the.road segments must meet a volume -to -capacity ratio of less than 0.90. That is, the projected traffic must be less than ninety percent (90%) of the road capacity. As applied to the McCormick Wage, -the Concurrency test.applies to Old Clifton Road. Capacity for Old Clifton Road is estimated to be 24,000 vehicles per day with the'. intersection improvements; that to be constructed as part of this Plan. As shown in Table 3, the volume -to - capacity ratios along Old Clifton Road with the proposed improvements would be less than 0.90 and, therefore, would meet the County's Concurrency standard. Kitsap County does not have. level of services standards for intersections: Nevertheless, because this is a standard commonly used in other parts of the region, an analysis was conducted to confirm the adequacy of Old Clifton Road with the proposed intersection improvements. The intersection level of standard commonly used elsewhere in urban areas in the region is Level E. In some plaees it is Level D. As shown in Table 2, all intersections would operate at LOS D or better with the proposed improvements at full build -out of McCormick Village. This further confirms the adequacy of Old Clifton Road with the proposed intersection improvements and full build -out of McCormick Village. The Transpo Group, with revisions as directed by Kitsap County, April 25, 2005 1 01080.08/Tr<tinsportation Plan . . 6.doc 5 200510210280 Page 127 1111�1�1110/21/2685ot 02 58P MCCORMICK LAND CO AGMT $64.80 Kitsap Co, WA Back to Agenda McCormick Urban Village Transportation Plan April 25i 2605 Table 3c Roadway Volume -to -Capacity Ratios Clifton west of SR-16 Ramps .. J 24,000 Average D. Volume- 16,100 0.67 Clifton west of Berry Lake 24,000 19,400 0.81 Clifton west of Anderson Hill 24,000 20,500 0.85 Clifton west of.McCormick Woods Dr 24,00.0 18,800 0.78 Clifton west of Campus Pkwy 24,000 18,200 0.76 Clifton west of Feigley 24,006 16,000 0.67 (1)Average Daily Traffic with build out of McCormick Urban village. Non -Motorized Transportation Facilities Pedestrian and bicycle facilities will be provided throughout the McCormick Urban Village. These improvements are identified in more detail in the McCormick Urban Village Parks, Open Space and Recreation Plan. In addition to the on -site pedestrian and bicycle facilities, a regional bike lane has been proposed along Old Clifton Road between Suntiyslope Drive and the Port Orchard City limits at SR-16. The bike lane is identified in the Kitsap County Bicycle Facilities Plan (May 2001). To assist Kitsap County in funding and constructing this regional bike lane, the McCormick Urban -Village has included the improvement in its transportation mitigation program. A voluntary "nonmotorized transportation mitigation payin6nt" that would_ apply only to the McCormick Urban Village is proposed for adoption by the KCBOCC. Table 4 shows the estimated cost of Us project. Table 4: Non -Motorized Mitigation Payment (1) Bike lane Improvement per Bicycle Facility Plan (May W64. ItMsap Co Public Works)..Cost estimate based on the $832,U00 cost (2001 dollars) identted In the plan and inflated by approArnalely 5% to M dollars. (2) Pro -Bata share based on total length of bike lane of 3.6 miles, of which 1.8 nnles (50%) will be within the Urban Village boundaries. (3) Cost per trip Is total cost divided by the 50,380 daily trips that would be generated by fhe Urban Village (see Table 1). (4) Cost per Single-Famlly DU equivalent Is based on 10.06 daily.lrips per DU, which is consistent with the existing and proposed impact fee methodology. A major pedestrian/bicycle crossing of Old Clifton Road also will be developed as part of McCormick Urban Village. This crossing will provide a safe connection between residential, commercial, business park and recreational uses, north of Old Clifton Road with those south of the arterial. The crossing will likely be developed at the intersection of McCormick Woods Drive and Old Clifton Road, although this may change depending on. the timing of development of the various portions of the McCormick Urban Village: The specific location of the crossing willalso depend on the final plan for, pedestrian and bicycle trails, which will be identified during the review process for the pending Master Plan approval for McCormick North. The specific design for the crossing (e.g. crosswalk, in -pavement lighting, flashing beacons) will be also be determined at the time of the approval of the adjacent development parcels. The Transpo Group, with revisions as directed by Kitsao County Anril 25. 200S 1 01 080_n8/Transnnrratinn Pinn 6.doc 200510210280 Page 12 Page: 20 11111111111111111111111111111111111111111111111111 10/21/28@5o N? 58P MCCORMICK LAND CO AGMT CC % Kitsap Go, WA Back to Agenda McCormick Urban Village Transportation Plan April 25, 2005 Transit Service .Plan Transit service .for McCormick Urban Village will initially be limited due to the relatively low levels of development in the McCormick Urban Village area. As various phases of the Urban Village are developed, potential ridership will increase and transit service will become more viable to serve the residential, business park, and school components of the Plan. Transit service and facilities will be developed over time based on the type, location, and. level of development. The following elements will be incorporated into the McCormick Urban Village Master Plan, in cooperation/coordination with Kitsap Transit: A major transit focal point or station will be defined for a central point within the Village. The Village Center or other similar type of location would be the most likely appropriate location for this facility. The size of the transit station would be phased based on the level of development and the amount/type of service provided by Kitsap Transit. Kitsap Transit has identified a potential need for at least six bus zones. The transit station would also have covered waiting areas and provide for ."Kiss and Ride" drop-off locations. • Neighborhood transit loops may be developed by Kitsap Transit as development warrants. This would also provide a feeder service to the transit station. These feeder routes would provide better access to transit for areas located beyond walking distance from the transit station and better service for people with mobility limitations that prevent them from accessing the transit station�on foot or by bicycle. • The on -site system of sidewalks trails will be defined to support access to the transit station and potential neighborhood feeder service. • Kitsap Transit service to/from the McCormick Urban Village will likely initially connect with the Port Orchard Intermodal Terminal where connecting service would be .available to the WSF passenger -only ferry, Puget Sound Naval Shipyard, and other transit destinations in Kitsap County. As other areas, such as the SKIA employment center, are developed, direct transit service to these areas may be initiated by Kitsap Transit,to reduce overall travel demands in south Kitsap County. The proposed transit system improvements in McCormick Urban Village are designed to accommodate and facilitate this potential expansion of the regional transit system. • Land uses in the vicinity of the transit station will take into consideration the availability of transit service and will provide pedestrian and bicycle connections to/from the station. Transportation Demand Management Program The Transportation Demand Management. Program (TDMP) for the site will consist of elements for residential and business park uses. The TDMPs would be coordinated with Kitsap Transit commuter programs and. transit service. Residential TDMP The residential TDMP will.be based on Kitsap Transit's current commuter programs. A link from the McCormick Village homeowners' association website to the Kitsap Transit web page ..._...__.._.___...__.._______ionsas.____-_directed_..__by.__Kitsap C_'sa. p County, �___..._._-,.___25,__.20050._-1.._-Oi_.-.._.080...06/Tran..___.._..__- , - --.- The Transpo Group, with revisApril..sportation Plan 6.doc 7 200510210280 Page: 21 of 33 Page o 10/81/3005 03:58P MCCORMICK LRNO CO RGMT $64.00 Kitsap Co, WR Back to Agenda McCormick Urban'Village Transportation Plan :. April 25, 2005 will be provided to encourage use of the available services. The focus of the residential TDMP through- Kitsap Transit will be: • Car pool/Vanpool matching • Transportation information centers in 'the transit station, village center, and community center. • Promotional events coordinated between the McCormick Village homeowners association, as well as business owners in McCormick Village Center and Mtsap Transit Employment TDMP As the business park site and commercial component of the McCormick Village Center are developed, a specific TDMP will be implemented. TheTDMP will be coordinated with Kitsap Transit and will consider the followingelements, as applicable to each phase of the business park development: • Establish a Transportation Coordinator for the business park that would. coordinate .programs with Kitsap Transit and other Transportation Management Associations. • Providing preferential parking for carpools "and vanpools. • Providing bicyele parking areas/facilities and possible changing areas/showers. Commuter ride match programs. Alternative work schedules and/or flex time programs, • Potential for subsidized transit. fare or vanpool charges,and/or parking incentive programs for employees, that rideshare, bike, or walk; • On -site amenities such as places to eat, ATM machines, daycare facility, or other items that can reduce overall travel demand. • Guaranteed ride home program for employees who. ride transit, carpool, vanpool or .commute by other modes. The Transpo Group, with revisions as directed by Kitsap County, April 25, 2005 101 080.08/Transnnrt,tinn aim., G.doc 200510210280 Page 13 p33 11111111111111111111111111111111111111111 gg21/2@85of 82 58P MCCOPMICK LAND CO RGMT $64.N0 Kitsap Co, WR Back to Agenda McCormick Urban Village Transportation Plan April 25, 2005 Transportation Phasing Program A conceptual phasing plan for the proposed development within McCormick Urban Village has been prepared in order to coordinate a potential phasing plan for construction of the improvements that will be needed to support the development. The .conceptual phasing plan is summarized in Table 5. For the purposes of the conceptual plan, proposed development for McCormick Urban Village has been separated into phases reflecting. development levels that would generate approximately 5,000 daily trips per phase. Phases 1 and 2 are exceptions to this assumption because they reflect the actual plat application and site development application that are currently proposed for the McCorriiick.North area and the level of potential development associated with those two phases has been established. Phase 1 also includes the unbuilt 471 units in the vested McCormick Woods development that has already received a Concurrency Certificate. Table 5: Conceptual Development Phasing Plan 1 McCormick Woods (unbuilt) 471 McCormick North Phase 1 500 9,7M 2 McCormick North Phase 2 200, 2,010 3 McCormick West 500 5,030 4 McCormick West 250 McCormick Woods Retail 4 Acres Conference Center 6,020 5 McCormick West 500 5,030 6 McCormick West 250 Jr High & High Schools 2,500 Students . 6,710 7 Village Residential (multi -family) 340 Village Retail 3 Acres Village Business Park 10 Acres 5,150 8 McCormick West 250 Village Retail 3 Acres Village Business Park 10 Acres 5,420 9 Village Residential (multi -family) 340 Village Business Park 20 Acres 5,240 Total 3,601 50,3110 (1) The maximum total number of units allowed In McCormick Urban Village (including existing units in McCormick Woods) Is 4.162. A slightly higher number of units has been assumed for the purposes of this analysis only. Table 6 fists the intersections where improvements will be needed and identifies the development phase when it is anticipated that the improvements will be required. The improvements shown in the table are consistent with those shown in Table 2. The specific development phase at which an improvement will be required may vary from that shown in the table depending on the actual size of each phase of development of McCormick Urban Village at the time of permit applications. Intersection improvements may be phased, provided that a preliminary conceptual engineering design for full build -out of an intersection will be completed in the first phase. Decisions about the extent of each improvement phase will be determined in cooperation between Kitsap County and the applicant. The decision on phasing will be based on the specific needs to mitigate the impacts of that .project phase, other, development, and cost effectiveness of constructing individual elements of the full improvement. The Transpo Group, with revisions as directed by Kitsap County, April 25, 2005 l 01080.08/Trancnr.r+-- or-- 6.doc 200510210280 16�8112065 ct 0 3: 58P Pa MCCORMICK LANs CO RGMT 164.OG Kit.saP Co, WR Back to Agenda McCormick Urban Village Transportation Plan April 25, 2005 Table 6: Conceptual Improvement Phasing Plan improvement Location Phase of Development Required Anticipated Year Improvements. Within Kitsap Countys Jurisdiction: Clifton /:Sunnyslope 6 2011 .Clifton / Feigley 6 2005 Clifton [Campus Pkwy 3 2006 Clifton / McCormick Woods Dr. 4 2609 Clifton / Anderson Hill 1 2006 Clifton / Berry Lake 3 2006 Glenwood Connector Roadway 1 2005 Sunnyslope Widening See Note (1) 2020 Clifton Widening See Note (1) 2020 Improvements Outside Kitsap County's Jurisdiction: SR-3 / Lake Flora 8 2018 SR-3 / Sunnyslope 3 2006 Clifton / SR-16 SB Ramps 1 2006 Clifton / SR-16 NB Ramps Existing Need Existing Need Treemont / Pottery 4 2009 S ck / SR-16 NB Rams 1 8 2018 (1) The needs for the Sunnyslope and Clifton widenings are dependent on development outside of the Urban Village. However, a pro-rata share of the vAdenings are included as part of the Urban Village Transporatlon Plan And the proposed iridependont fee calculation. The Transpo Group, with revisions as directed b " A -" "JE 'Jnn¢ r Al nr21) nR/Tr�ncnnrtntinn plan 6•d0c 200510210280 Page: 24 of 33 Pljllilm]�111 1111111111111111111111111111111111111 10/21/2005 02;58P MCCORMICK LAND CO AGMT $64.60 Ki#.sap Co, WA Back to Agenda McCormick Urban Village Transportation Plan April 25, 2005- Independent Roads Impact Fee Catcutation The McCormick Urban Village Plan development regulations requires that the transportation plan identify potential methods for funding the design and construction of system improvements needed .to serve the area (Section 17.428.060.13.6.ca). The Plan also.states that no development within the Village may be approved unless funding for required improvements is provided by the County's Transportation Improvement Program (TIP) or a commitment is in place that developers will provide the improvements within the timelines established by the County's Concurrency requirements (KCC. 20.04.020(8)). For purposes of this Transportation Plan, an alternative mitigation fee schedule, adopted pursuant to the Kitsap County.Road Impact Fee Ordinance (KCC 4.110,200), is proposed as the mechanism for funding the system improvements needed to serve the McCormick Urban Village development. Under KCC 4.110.200, if the County's current impact fee schedule would not "accurately describe or capture the impacts of a new development on roads", then an independent fee calculation may be submitted to the Kitsap County Director of Public Works for review (KCC 1.110.230). The independent fee calculation must be based on the formulas and methodologies as those used in the County's impact fee program. This section of the Transportation Plan presents the proposed independent fee calculation for development of the McCormick Urban Village. It is organized as follows: • Overview of County Roads Impact Fee Methodology. • Independent Impact Fee Calculation • Application of Fee for McCormick Urban Village • Summary Overview of County Roads Impact Fee Methodology Kitsap County originally adopted impact fees for roads in 1992. The roads impact fee schedule was updated in May, 2004. The methodology for the updated fees is documented in Rate Study for Impact Fees for Roads, Henderson Young & Company, May 16, 2003. This document is referred to as the Roads Study in the'County Code. The Roads Study results in a fee per new daily trip added to the road system and converts this fee to a cost per unit of development (e.g. per dwelling unit, or per 1,000 square feet of commercial or office space, or other measure) as applicable for various land use categories. A factor is applied to reduce the fee calculated in the Roads Study to arrive at the final fee. (KCC 4.110.200) The following provides an overview of the County's current fee calculation for the McCormick Urban Village. Table.7 presents the calculations in tabular form. The Transpo Group, with revisions as directed by Kitsap County, April 25, 2005 1 01080.0&/Transportation Plan G.cloc 200510210280 Page: 25 of 33 10r'21i2005 02:58P °� co AGMT $64.% Kitsap Co, WA Back to Agenda McCormick Urban Ilage Transportation Plan Apri125, 2005 Table 7: Existing Fee Calculation We KCC 4.110.200) 'Dotal McCormick Urban Village Improvement.Costs $5,980,000 County Improvements - Lake Flora & Glenwood Rds $100,000 Total Improvement Costs $6,080,1100. Less Existing Revenue $68,289 _ Less 20% Local Share $1,202,342 Unfunded Costs $4,809,369 Additional Trips 23,349 Cost per Trip - Roads Service Area 3. $207 . Cost per Trip - Regional Service Area $20 Total Cost Per Trip .. $227 ., Service Area 3 Factor 22.8% Regional Service Area Factor 22.8% Total Service Area 3 Fee $51.74 Fee per Single -Family DU Equivalent $520.50. Note: Values shown are taken from the Roads Study and the ordinance. They do not -calculate directly due to rounding. Service Areas To calculate the standard impact fee for roads, the County has been divided into four geographic districts, or road service areas. The McCornvck Urban Village development is located in Road Service Area 3, which covers South Kitsap County. In addition, a Regional Road Service Area is defined that covers two transportation improvements to the State Highway system. A pordoh of the regional service area improvement costs is allocated to development in each of the four Road Service Areas. . Improvement Projects The Roads Study includes costs of the following three projects in Service Area 3 in the calculation of the impact fee: • SW Old Clifton Road (SR16 to Sunnyslope Road) $5,980,000 • SW Lake Flora Road (SR3 to Glenwood Road) $50,000 • Glenwood Road SW (Lake Flora Road to City Limits) $50,000 The improvement to Old Clifton Road and its costs were derived from the transportation analysis for the ULID #6 Subarea Plan and EIS.. The project subject to the impact fee is a series of improvements at five intersections along Old Clifton Road. These improvements were identified based on a preliminary review of improvements that should be considered in the County's 2003-2008 Six -Year Transportation Improvement Program (nP). (The specific intersection improvements are identified in Transpo's June 27, 2002 memorandum from Milton Lim to Randy Casteel) The Transpo Group, with revisions as directed by Kitsap County, April 25, 2005 101 060.08/Transportation Plan 6.doc 200510210280 Page Page: 26 of 33 18/21/2885 82:58P MCCORMICK LAND CO AGMT $64.88 Kitsap Co, WA Back to Agenda McCormick Urban Village Transportation Plan April 25; 2005 The $50,000 included for each of the other two improvements covers only the initial design and/or environmental analysis for the projects. As the projects become more defined the County will probably update the fee schedule to include the additional costs of construction of these projects. Project Costs Included in Impact Fee Kitsap County does not include the full costs of the identified projects in the standard impact fee program. The project costs were adjusted to account for existing deficiencies, secured or potential available revenues, and an allocation of local fuel tax revenues to support growth. The three projects identified for Service Area 3 total $6,080,000. Based on Kitsap County's analyses; there are no existing deficiencies for these .projects that require adjustments to the costs. The County has identified $68,289,in previously secured funding for. Old Clifton Road. As part of the current impact fee program, the County has established a local funding allocation of 20 percent of the growth share of the improvement cost aftersubtracting secured or potential funding. The local funding allocation is essentially a County policy commitment to fund 20 percent of growth's share of project cost through fuel taxes. After these adjustments, the growth share of costs for Service Area 3 is $4,809,369. Roads Impact Fee The $4,809,369 in growth's share of improvement costs for Service Area 3 was used to calculate the fee per new growth trip, which forms the basis for the roads impact fee. The County's model estimates that there would be 23,349 new daily'trips generated in Service Area 3. The forecast is based on a 2012 horizon year and was developed prior to adoption of the ULID #6 Subarea Plan.: The $4,809,369 was divided by the 23;349 new daily trips to arrive at a cost of $207 per daily growth trip. An additional $20 per growth trip is added to all service areas to cover the regional service area improvements. This results in a total of $227 per growth trip for new development in Service Area 3. The $227 per growth trip is converted into a cost per unit of development using average trip. generation rates. The trip generation rates are .adjusted to account for "pass -by" trips, resulting in a fee per net new trip generated by growth. In its impact fee ordinance, Kitsap County adjusted the fees by applying a factor to each of the service areas to reduce the fee per growth trip. For Road Service Area 3, the factor was 22.8 percent. The factor is applied to both the Service Area 3 and regional Service Area costs, resulting in a fee of $51.74 per trip. This factor also carries through to the cost per unit of development. Independent. Fee Calculation As required by County Ordinance, the Independent Fee Calculation for ULID #6/McCormick Urban Village is based on the same formula and methods used in the County's impact fee The Transpo Group, with revisions as directed by Kitsap County, April 25, 2005 101 080.08/Transportation Plan 6.doc 13 200510210280 Page: 27 of 33 10/21/2065 02:58P MCCORMICK LAND CO AGMT $64.00 Kitsap Co, WA Back to Agenda - McCormick Urban Village Transportation Plan A --I ".r. 2005 calculation. The ULID #6 fee calculation varies from the County's program for Roads Service Area 3 in the following thred ways: • Revised Improvement Projects and Costs • Number of Growth Trips Based on current projected McCormick Urban Village Land Uses • Ordinance Reduction Factor The following Table 8 identifies proposed Independent Fee Calculation. Table 8: 'Proposed ULID #6 Independent Fee Calculation Total Urban Village Pro -Rats Share Improvement Costs (1) $7,233,200 Additional Trips From Urban Village 50,380 Cost per Urban Village Trip $143.57 Regional Service Area Fee per Trip $4.56 Total Cost Per Urban Village Trip $1.48.13 Fee per Single -Family DU Equivalent $1.490.19 (1) Total Pro -Rota Improvement Costs are for required improvements within Kftsap Countys jurisdichion and does not Include potential improvements in the study area in WSDOT and Port Orchard jurisdictions. Revised Improvement Projects and Costs Kitsap County's adopted Road Impact Fee for Service.Area 3 is based on a project list identified in the 2003-2008 TIP. Completion of the projects in the TIP list would not support full development of McCormick Urban Village. The -ULID #6 Sub Area Plan and EIS identified - improvement projects to serve the ULID #6 sub area in conjunction with potential development of other properties such as the South Kitsap Industrial Area (SKIA) and the Northwest Corporate Campus. As.previously shown, Table 2 summarized the improvement projects needed to serve full development of ULID #6. The planning level construction cost of these projects attributable to traffic that would be generated by the Urban Village Master Plan and that are within Kitsap County's jurisdiction is $5,564,000 in 20.04 dollars. The estimate is exclusive of costs for engineering and design, right-of-way acquisition, utility relocation, major structural work, and major enviror_mental work. As shown in Table 2, allowances for engineering costs and a contingency to cover other potential project costs have been added to the planning level construction costs. This results in a total estimated cost of $7,233,200 for the improvement projects, which is approximately 20 percent greater than the $5,980,000 interim cost estimate used in the County's adopted Road Cost Impact Fee Calculation. Number of Growth Trips Based on Currently Projected McCormick Urban Village Land Uses The County's Road Impact Fee was based on land uses in South Kitsap County assumed prior to the adoption of the ULID #6 Subarea Plan. At full build out the ULID #6 Sub -Area Plan will ih Transpo Group, with revisions as directed by Kitsar -- 6.doc 20051 021 0280 33 1�11111 1E111 Page 13 10/81f8 05e 08 58P MCCORMICK LAND CO AGMT $64.00 Kitsap Ca, WA Back to Agenda McCormick. Urban Village Transportation Plan April25, 2005 have a significantly higher trip generation rate than -the County's previous forecasts for Service Area 3 due to the increase in population allocation to the sub area. A summary of land use assumptions and resulting daily trip generation for the sub area was . . previously shown in Table 1. These land use and trip generation were used to determine the transportation improvements needed to complete development of the McCormick Urban Village. The McCormick Urban Village is projected to generate 50,380 additional daily trips. This is more than double the 23,349 growth trips used in the County's impact fee calculation for Service Area 3. Independent Fee Calculations Dividing the resulting growth share of the improvement costs by 50,380 growth trips results in a fee of $143.57 per daily growth trip. The Regional Service Area fee of $4.56 would be added to the proposed new impact fee, for a total McCormick Urban Village impact fee of $148.13. This is almost triple the $51.74 fee under the existing fee program. The proposed $148.13 per trip fee would result in, a.fee of $1,490.19 per single-family dwelling unit equivalent for the McCormick Urban Village. Application of Fee to McCormick Urban Village For each development within the McCormick Urban Village, the applicant would pay the County a roads impact fee to mitigate its impacts to the surrounding County road system. The fee would be based on the $148.13 per new daily growth trip. The $148.13 fee per trip would be converted into a fee per development unit based on the trip generation rates and percentage of new trips used to calculate the impact fees used in the current ordinance. Road impact fees will not be assessed against tlie public schools included in the pending Master Plan. Public schools are exempt from Kitsap County's impact fees (4.110.030). Kitsap County will be responsible for funding the share of improvements costs that would otherwise be collected for the public schools. Kitsap County will include appropriate projects'from the McCormick Urban Village improvement list (Table 2) in its annual update of its. six -year Transportation Improvement Program (TIP). The County will identify appropriate projects for the TIP based on the preliminary phasing plan presented in this study (see Table 6) and subsequent traffic analyses that may be prepared for individual phases of the McCormick Urban Village and other relevant policies and data. Phasing of the improvements will be determined in cooperation between Kitsap County and the -applicant and will be based on the specific needs to mitigate the impacts of that project phase, other development, and cost effectiveness of constructing individual elements of the full improvement. The County will apply the McCormick Urban Village impact fee funding to design and construct the improvements. Per KCC 4.110.070, the fees must be expended or encumbered within six years of receipt. If the County fails to expend or encumber the impact fees within six years of when the fees were paid, the applicant may receive a refund pursuant to KCC 4.110.090. The Transpo Group, with revisions as directed by Kitsap County, April 25, 2005 1 01080.08/Transportation Plan s.doc 200510210280 1111111111111111111111111111111111111111111111111111111 Page: 29 of 33 10/21/2005 02:58P MCtMP7L*64eo AGMT 164.60 Kitsap Co, WA Back to Agenda McCormick Urban Village Transportation Plan April 25, 2005 If funding from the McCormick Urban Village impact fee and other County funding sources (i.e., fuel taxes) is not sufficient to cover all improvements needed to support a current project phase, then the applicant could choose to construct the improvement itself or provide additional funding to enable the. County construct the needed improvements. The County would credit or reimburse the applicant for funding provided by the applicant that is in excess . of its proportionate share of the cost. All other provisions of KCC 4.110 related to Roads :Impact fees, including fee escalation, will apply to development in the McCormick Urban Village. Summary The County's current roads impact fee- program will not be adequate to fund transportation improvements in a. timely manner which are needed to support development of McCormick. Urban Village. Therefore, an independent fee calculation is proposed to covet. additional improvement projects and increased levels of developments within the sub area. The resulting fee is almost three times higher than the County's current:roads impact fee.for South Kitsap County. In addition to the road impact fee, a voluntary non -motorized transportation mitigation payment is proposed to fund the McCormick Urban Village proportionate -share of the cost of the bike lane project on Old Clifton Road that is identified in the May 2001 Kitsap. County Bicycle Facility Plan. Fees and payments will be collected by Kitsap County for each development phase in the same method currently used by Kitsap County (i.e., at building permit issuance or building occupancy) and used to fund implementation of improvement projects which were included in the fee calculation. This will require Kitsap County to include the appropriate improvements in its annual TIP, as needed. If the collected fees and other County monies anticipated by the existing impact fee ordinance are not adequate to fund needed improvements within the required timefrarne, the applicant will have options to either provide additional funding, construct the improvements, or postpone. development. The applicant would receive a credit from Kitsap County for the value of improvements or funding in excess of the applicable impact fee. All aspects of the roads mitigation program, except the actual fee calculation, are otherwise consistent with the County roads impact fee processes. The Transpo Group, with revisions as directed by KU­-''- 6.doc 200510210280 �11111Page: 30 of 33 Page 10/2112005 02:58P MCCORMICK LAND CO AGMT CC % Kitsap Co, WA Back to Agenda EXHIBIT C MAP OF McCORMICK URBAN VILLAGE 1111111111111111111111111111111111111 200510210280 Page: 31 of 33 MCCQRMICK LRNQ CO 10.,'2112005 08:58F Development Agreement - 12 RGNT $64.00 Kitsap Co, WR Page 139 of 440 1.4 Back to Agenda EXHIBIT D LIST OF SUBJECT PARCELS Note: This list of tax parcel numbers is the list of properties which are subject to the terms and conditions of this Agreement and this list is accurate as of the date this Agreement was executed. The properties listed below shall be subject to the terms of this Agreement regardless of any future change in tax parcel number. McCormick North McCormick West McCormick Woods 042301-4-025-2007 082301-2-003-2003 6031-000-146-0005 042301-3-003-2005 082301-1-013-2003 6031-000-131-0002 052301-4-013-2000 082301-1-010-2006 5190-000-052-0006 052301-4-014-2009 082301-1-014-2002 092301-1-003-2004 052301-4-015-2008 172301-2-002-2003 092301-1-004-2003 052301-4-016-2007 172301-2-003-2002 5356-000-076-0008 052301-4-017-2006 172301-2-006-2009 042301-4-028-2004 052301-4-018-2005 172301-2-007-2008 052301-2-021-2004 172301-2-004-2001 052301-2-022-2003 172301-2-005-2000 052301-2-023-2002 172301-3-004-2009 052301-2-024-2001 052301-3-023-2000 052301-3-024-2009 052301-3-021-2002 052301-3-022-2001 Development Agreement - 13 20051021028, 111111111111111111111111111111111111111111111111111111 4ge: 33 of 33 10131/2005 02:58F MCCORMICK LAND CO AGMT $64.00 Kitsap Co, WA Page 141 of 440 Back to Agenda ;0 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Public Hearing 6C Subject: Public Hearing on an Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Concerning Sewer General Facility Fee Credits Meeting Date: February 9, 2021 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No. Atty Review Date Development -Matter 11 February 4, 2021 Summary: Since November 2017, the City Council has been discussing the current Port Orchard Municipal Code (POMC) regarding water and sewer credits for capital facility charges. Most recently, at the December 8, 2020 and January 19, 2021 Council meetings, the Council reviewed and discussed the POMC regarding sewer credit for general facility fees. The Council agreed that the current code language does not provide a meaningful incentive for developers to build sewer infrastructure. Council requested that City staff evaluate credit options to provide an incentive without jeopardizing the City's enterprise capital projects. Staff has worked with the City Attorney to draft an ordinance that will provide a credit for additional capacity beyond the need of a development that is provided to the City from the completion of an infrastructure project. This will be referred to as the General Facility Fee (GFF) Credit for excess capacity. The attached ordinance outlines the requirements for credit and provides a process for seeking a credit. Specific revisions include: 1. Terminology has been clarified in POMC 13.04.025 and 13.04.040. The terms capital facility charge, general facility fee, general facility charge, and sewer wastewater treatment fee were not used consistently throughout these code sections. This has been fixed and credits are only available towards the general facility fee. 2. The ordinance describes the timing for requesting a credit — to be made with a new application submittal or with a pending application. 3. The ordinance requires that there be an agreement between the city and the developer that addresses the credit. 4. The ordinance details how the amount of credit is to be determined and provides an example of a credit calculation. 5. The ordinance provides a detailed process for approving a GFF credit. This process is modeled after the process created for and included in the McCormick Woods Development Agreement for Transportation. The ordinance as presented allows credits to be granted at the discretion of the City Council. In the proposed revisions to POMC 13.04.040(6), the language does not require the City Council to enter into agreements but does provide the authority for credit agreements and a process, limitations, and Page 142 of 440 Back to Agenda Staff Report 6C Page 2 of 2 requirements if an agreement is reached. This ordinance will help incentivize development activity and the private construction of public sewer facilities. Recommendation: Conduct a public hearing on the proposed ordinance. Relationship to Comprehensive Plan: This ordinance helps to incentivize private construction of public facilities that are identified in the City's Comprehensive Plan. Fiscal Impact: These amendments are likely to incentivize development that will generate a variety of City revenues. The amendment may reduce sewer general facility fee revenue in the near term, but in the long term the City will gain capacity and the ability to support additional development that will generate future GFF payments. Alternatives: None. Attachments: Ordinance; Redline Ordinance *Both attachments can be found with the corresponding business item staff report in the City Council packet for 2/9. Page 143 of 440 City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7A Subject: Adoption of an Ordinance Approving the McCormick Woods Development Agreement for Transportation Summary: See staff report for Public Hearing, agenda item 6B. Back to Agenda Meeting Date: February 9, 2021 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: Development -Matter 11 Atty Review Date: February 3, 2021 Relationship to Comprehensive Plan: See staff report for Public Hearing, agenda item 6B. Recommendation: Staff recommends that the City Council vote to approve an ordinance approving the 2021 McCormick Woods development agreement for transportation. Motion for Consideration: "I move to adopt an ordinance approving the 2021 McCormick Woods development agreement for transportation." Fiscal Impact: See staff report for Public Hearing, agenda item 6B. Alternatives: Do not approve the Development Agreement; request changes to the Development Agreement. Attachments: Ordinance; 2021 Development Agreement; Exhibits to 2021 Development Agreement. Page 144 of 440 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A DEVELOMENT AGREEMENT WITH MCCORMICK COMMUNITIES, LLC; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to RCW 36.7013.170, the City Council has the authority to review and enter into development agreements that govern the development and use of real property within the City; and WHEREAS, the City Council has adopted standards and procedures governing the City's use of development agreements, codified at Chapter 20.26 of the Port Orchard Municipal Code (POMC); and WHEREAS, the City and McCormick Communities, LLC have prepared a Development Agreement to address the design, construction, and funding of certain transportation improvements within and near the McCormick Woods development in the vicinity of Old Clifton Road and Campus Parkway, as provided in "Exhibit A" of this Ordinance; and WHEREAS, McCormick Land Company is also a party to this Agreement as the Agreement will replace a 2005 Transportation Development Agreement under which McCormick Land Company is continuing to receive reimbursement for completion of transportation improvements; and WHEREAS, this Development Agreement was consolidated under POMC 20.22.020(2) with the following project permits: Land Disturbing Activity Permit (PW20-031) and Stormwater Drainage Permit (PW20-032); and WHEREAS, in accordance with RCW 36.7013.200, when a development agreement is related to a project permit application, the provisions of chapter 36.70C RCW shall apply to any appeal on the development agreement; and WHEREAS, on December 9, 2020, the City's SEPA official issued a determination of non - significance for the proposed development agreement and consolidated permits under the Optional DNS process, and there have been no appeals; and WHEREAS, the Notice of Decision for these project permits was issued on December 24, 2020 and there have been no appeals; and WHEREAS, on January 19, 2021, the City Council held a study session on the proposed development agreement; and Page 145 of 440 Back to Agenda Ordinance No. Page 2 of 4 WHEREAS, on February 9, 2021, the City Council held a public hearing on the proposed development agreement, and (comments received/not received, etc); and WHEREAS, the City Council, after careful consideration of the development agreement and all public comments and testimony, finds that the development agreement is consistent with the City's Comprehensive Plan and development regulations, the Growth Management Act, Chapter 36.70A RCW, and that the amendments herein are in the best interests of the residents of the City; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance and all "Whereas" sections of the Development Agreement as findings in support of this ordinance. SECTION 2. The City Council approves of and authorizes the Mayor to execute a development agreement with McCormick Communities, LLC and McCormick Land Company, as provided in "Exhibit A" of this Ordinance. SECTION 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this Ordinance. SECTION 4. Corrections. Upon the approval of the city attorney, the city clerk and/or code publisher is authorized to make any necessary technical corrections to this Ordinance, including but not limited to the correction of scrivener's/clerical errors, references, Ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 5. Effective Date. This Ordinance shall be published in the official newspaper of the city and shall take full force and effect five (5) days after posting and publication as required by law. A summary of this Ordinance may be published in lieu of publishing the entire Ordinance, as authorized by state law. SECTION 6. Appeals. Since the Development Agreement is related to a project permit application, the provisions of chapter 36.70C RCW shall apply to the appeal of the decision of the development agreement. 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 91" day of February 2021. Page 146 of 440 Back to Agenda Ordinance No. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk Charlotte A. Archer, City Attorney Bek Ashby, Councilmember PUBLISHED: EFFECTIVE DATE: Page 3 of 4 Page 147 of 440 Back to Agenda Ordinance No. Page 4 of 4 EXHIBIT A: MCCORMICK COMMUNITIES, LLC, DEVELOPMENT AGREEMENT Page 148 of 440 Back to Agenda DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF PORT ORCHARD AND McCORMICK FOR THE DEVELOPMENT AND FUNDING OF CERTAIN TRANSPORTATION IMPROVEMENTS THIS DEVELOPMENT AGREEMENT is made and entered into this day February, 2021, by and between the City of Port Orchard, a non -charter, optional code Washington municipal corporation, hereinafter the "City," and McCormick Communities, LLC, a limited liability company organized under the laws of the State of Washington, together with McCormick Development Corporation, a Washington Corporation, hereinafter collectively the "Developer" or "McCormick" (together the "Parties"). In addition, McCormick Land Company, a Washington corporation, hereafter "MLC," is a Party for purposes of Sections 7, 15, and such other sections as specifically refer to MLC. The Parties hereby agree as follows: RECITALS WHEREAS, the Washington State Legislature has authorized the execution of a development agreement between a local government and a person having ownership or control of real property within its jurisdiction (RCW 36.7013.170(1)); and WHEREAS, a development agreement must set forth the development standards and other provisions that shall apply to, govern, and vest the development, use and mitigation of the development of the real property for the duration specified in the agreement (RCW 36.70B.170(1)); and WHEREAS, a development agreement must be consistent with the applicable development regulations adopted by a local government planning under chapter 36.70A RCW (RCW 36.70B.170(1)); and WHEREAS, Port Orchard adopted Chapter 20.26 of the Port Orchard Municipal Code ("POMC") which establishes the standards and procedures for Development Agreements in Port Orchard; and WHEREAS, Chapter 20.26 POMC is consistent with State law; and WHEREAS, the Developer has applied for a Development Agreement under Chapter 20.26 POMC and such Agreement has been processed consistently with the POMC and State law; and WHEREAS, this Development Agreement by and between the City of Port Orchard and the Developer (hereinafter the "Development Agreement"), relates primarily to the development of property owned by Developer within and near McCormick Woods in the vicinity of Old Clifton Road and Campus Parkway and that is more particularly described on Exhibits A-1, A-2, Development Agreement for Funding Transportation Improvements Page 1 of 19 FG:54082696.4 Page 149 of 440 Back to Agenda B-1, and B-2 (hereinafter the "McCormick Property"); and WHEREAS, in 2005 the City's predecessor in interest entered into a Development Agreement with Developer's predecessor in interest for the development of certain transportation improvements; and WHEREAS, since that time, the City annexed the property and in accordance with RCW 36.70B.190 assumed jurisdiction and agreed to be bound by the 2005 Transportation Development Agreement; and WHEREAS, as part of that 2005 Agreement, the predecessor to the Developer (GEM 1, LLC) constructed some projects and payments for those projects are still on -going and will continue until GEM 1, LLC's successor is fully reimbursed; and WHEREAS, since annexing this property, the City's transportation plans have been updated; and WHEREAS, the City is in the process of adopting updated transportation impact fees; and WHEREAS, during this process, an in-depth look at the projects needed to meet the projected development by Developer and others in the City was performed; and WHEREAS, the updated transportation impact fees are based, in part, on the 2005 Development Agreement with the Developer's predecessor as well as on the updated project list; and WHEREAS, the Developer did not acquire from GEM 1, LLC ("GEM 1" ), and GEM 1 still retains, the right to reimbursement that accrued under the 2005 Transportation Agreement when GEM 1 constructed the Glenwood Connector Roadway and minor improvements to Feigley Road, the only projects identified in that 2005 agreement that have been constructed; and WHEREAS, the City has been paying such reimbursement to GEM 1 and its successor since 2008, and nothing in this Agreement changes or is intended to change the City's obligation to continue paying such reimbursement to GEM 1; and WHEREAS, GEM 1 assigned its right to reimbursement to the McCormick Land Company in 2016, after which time, the City paid reimbursement to the McCormick Land Company ("MLC"); and WHEREAS, MLC continues to own property in Port Orchard; and WHEREAS, MLC has signed this Agreement to confirm that this Agreement will fully replace and supersede the 2005 Transportation Development Agreement ("2005 Transportation DA"); and Development Agreement for Funding Transportation Improvements Page 2 of 19 FG:54082696.4 Page 150 of 440 Back to Agenda WHEREAS, the Developer now seeks to update the 2005 Transportation DA in conjunction with obtaining a permit to build the Campus Parkway Roundabout; and WHEREAS, the purpose of this Agreement is to carry forward and better define the concurrency evaluation that was part of the 2005 Transportation DA, to carry forward the impact fee reimbursement for MLC, and to establish an impact fee credit system for Developer to recover its costs of building the McCormick Projects described below; and WHEREAS, apart from concurrency and impact fee credits/reimbursement, this Agreement does not address development standards, vesting, or any other regulation that impacts how the McCormick Property will be developed; and WHEREAS, the Parties agree that the 2005 Transportation DA, as set forth in the traffic study attached to that 2005 Transportation DA, anticipated the generation of 4,935 PM peak hour trips. Based on the development activity since 2005, some of these "trips" have been absorbed. The parties believe it is advantageous to set forth the remaining capacity that may be utilized in future development phases and have confirmed the concurrency numbers as of the date of this Agreement; and WHEREAS, in consideration of the benefits conferred by this new Development Agreement, which reflect the current plans of both the City and the Developer and include confirmation of concurrency, a new project list, and a set impact fee credit calculation, the parties deem it in their best interests and the best interests of the community to repeal and replace the 2005 Transportation DA with this updated agreement; and WHEREAS, there are two projects identified on both Exhibit A to the 2005 Transportation DA and also on the City's new TIP. As described in the new TIP, these projects are ID #1.5C, "Old Clifton Rd — Campus Pkwy Intersection and ID #2.08 Old Clifton Rd & McCormick Woods Dr. Intersection Impr". These two projects are collectively referred to herein as "the McCormick Projects"; and WHEREAS, the McCormick Projects are eligible for credits under RCW 82.02.060(4); and WHEREAS, the following events have occurred in the processing of the Developer's application: a) The Developer applied for this Development Agreement on December 4, 2020; and b) The Development Agreement is related to and has been consolidated under POMC 20.22.020(2) with the following project permits: Land Disturbing Activity Permit PW20-031 Stormwater Drainage Permit PW20-032 c) The Developer is ready and willing to commence construction on the project known as Old Clifton Rd - Campus Parkway Intersection (a roundabout project) and has applied for a Development Agreement for Funding Transportation Improvements Page 3 of 19 FG:54082696.4 Page 151 of 440 Back to Agenda Land Disturbing Activity permit and Stormwater Drainage Permit to perform this project; d) The Old Clifton Rd — Campus Parkway Intersection is included in the City's transportation plan upon which the updated impact fees are based and therefore the Developer may be reimbursed from the impact fees for that project; e) The City Council held a public hearing on February 9, 2021 regarding this Development Agreement; f) After a public hearing, by Ordinance No. , the City Council authorized the Mayor to sign this Development Agreement with the Developer; AGREEMENT Section 1. The McCormick Projects. The two transportation projects described above as "the McCormick Projects" will serve the McCormick Property as well as provide connectivity and capacity for the City. The Campus Parkway Roundabout LDAP Permit #PW20-0031 and SDP Permit PW20-032 as well as the future development of the McCormick Woods Drive Roundabout, which will be permitted at a later date, are both subject to impact fee credit in accordance with this Agreement. Section 2. The McCormick Property. The McCormick Property comprises McCormick North, McCormick West, and McCormick Woods, which are legally described by parcel number in Exhibit A-1 and depicted on A-2, attached hereto and incorporated herein by this reference. The McCormick Projects will serve the McCormick Property and the credits authorized by this Development Agreement are only applicable to lots for which building permits are applied for after the date of this Agreement within the boundaries of the McCormick Property as defined on Exhibit A-1 and as shown on the Map attached hereto as Exhibit A-2. Section 3. Definitions. As used in this Development Agreement, the following terms, phrases and words shall have the meanings and be interpreted as set forth in this Section. a) "2005 Transportation Development Agreement" or "2005 Transportation DA" means the 2005 Development Agreement for Transportation which was executed between Kitsap County and Gem 1, LLC and dated April 25, 2005 and which was assumed by the City of Port Orchard upon annexation on May 27, 2009. b) "Adopting Ordinance" means the Ordinance which approves this Development Agreement, as required by RCW 36.70B.200 and Chapter 20.26 POMC.' c) "Commence construction" as to the McCormick Projects means that the required permit(s) have issued and there are "boots on the ground" at the construction site. d) "Completion" as to the McCormick Projects means passing final inspection associated with the LDAP/SDP permits and providing the required 2-year warranty and Development Agreement for Funding Transportation Improvements Page 4 of 19 FG:54082696.4 Page 152 of 440 Back to Agenda maintenance bond for the improvement(s). "CPI-U" means the percentage rate change for the All Urban Consumers Index (CPI-U) (1982-1984=100), not seasonally adjusted, for the Seattle -Tacoma -Bellevue area for that 12 month period from January 1st to December 31" Indexed as the Annual Average, as is specified by the Bureau of Labor Statistics, United States Department of Labor. Increases based on CPI-U shall take effect on March 1st of the following year. e) "Council" or "City Council" means the duly elected legislative body governing the City of Port Orchard. f) "Director" means the City's Community Development Director. g) "Effective Date" means the effective date of the Adopting Ordinance. h) "Maximum credit" or "maximum reimbursement" means the maximum amount that is eligible for projects subject to this Agreement, or for past projects done by GEM 1/MLC, for which reimbursement or impact fee credits will be provided by the City to the Developer or MLC. i) "McCormick Project(s)" or "Project(s)" means the two transportation projects described above which serve both the McCormick Property and the greater community, as specified in Section 1 and as provided for in all associated permits/approvals, and all incorporated exhibits. Section 4. Exhibits. Exhibits to this Agreement are as follows: a) Exhibit A-1— Parcel numbers of the McCormick Property that are subject to impact fee credit. b) Exhibit A-2 — Map depicting the boundaries of the McCormick Property that are subject to the impact fee credit in this Agreement. c) Exhibit B-1— Parcel numbers of the McCormick Property with vested concurrency. d) Exhibit B-2 Map depicting the boundaries of the McCormick Property with vested concurrency. . e) Exhibit C — Map showing the original boundaries for the 2005 Transportation DA which remains the reimbursement area for MLC Section 5. Parties to Development Agreement. The parties to this Agreement are: Development Agreement for Funding Transportation Improvements Page 5 of 19 FG:54082696.4 Page 153 of 440 Back to Agenda a) The "City" is the City of Port Orchard, 216 Prospect Street, Port Orchard, WA 98366. b) The "Developer" or "Property Owner" or "McCormick" is a private enterprise which owns the McCormick Property in fee, and whose principal office is located at 12332 NE 115tn Place, Kirkland, WA. c) GEM 1, LLC is the prior owner of the property that was subject to the 2005 Transportation DA, and MLC is the successor to GEM 1 for purposes of reimbursement. MLC is located at 1869 McGilvra Blvd E, Seattle, WA 98112 and is still receiving reimbursement from the City for transportation projects done under the 2005 Transportation DA. These payments will continue in accordance with Section 15 of this Agreement. Section 6. Projects are a Private Undertaking. It is agreed among the parties that the Projects are private improvements for which credits are required pursuant to RCW 82.02.060(4) and that the City has no interest in the improvements until such time as each Project is completed and dedicated to the City. Section 7. Term of Agreement. This Agreement shall commence upon the effective date of the Adopting Ordinance approving this Agreement and shall continue in force for a period of twenty (20) years unless extended or terminated as provided herein, provided that reimbursement to MLC pursuant to Section 15 shall survive expiration until full reimbursement is received by MLC. Following the expiration of the term or extension thereof, or if sooner terminated, this Agreement shall have no force and effect. Section 8. Repeal and Replacement of 2005 Transportation DA. In consideration of the benefits to the Developer provided by the timely construction of the McCormick Projects, the confirmation of concurrency, the agreement on a credit calculation for transportation impact fees which will be charged to the McCormick Property, and the continuation of reimbursement from impact fees to MLC, the Developer, MLC, and the City agree to rescind, and by execution of this Agreement do rescind, the 2005 Transportation Agreement, and replace it with this Development Agreement. Section 9. Concurrency. The Parties agree that City streets affected by development of the McCormick Property have the capacity to serve the McCormick Property in compliance with the City's concurrency requirements so long as such development does not result in the generation of more than 3,806 PM peak hour trips, which is the number of remaining trips identified in Section 9 of the 2005 Transportation DA reserved for the McCormick Property identified on Exhibits B-1 and B-2. This remaining concurrency provided in the 2005 Transportation DA is being carried forward for the duration of this Agreement as set forth below. These trips are available as of December 15, 2020. Available PM Lots/Units for Map Designation on Area Peak Trips Residential 1 Ex. C McCormick North North • Village local center 659 (See Note 1) North Development Agreement for Funding Transportation Improvements Page 6 of 19 FG:54082696.4 Page 154 of 440 Back to Agenda (residential + commercial • Single Family Residential 312 315 North Total McCormick North 971 McCormick West West • Multifamily 415 419 West • Single Family Residential 1,530 1,545 West Total McCormick West 1,945 McCormick Woods 697 640 Wd McCormick Woods Retail 63 N/A Wd McCormick Woods Conference Golf Facilities 122 N/A GC McCormick Woods legacy lots 8 8 Not depicted Total McCormick Woods 890 Grand Total 3,806 1 There are 659 PM Peak Trips available within the Village local center. Residential PM Peak Trips will be calculated per unit and commercial PM Peak trips will be calculated by use type and square footage. The defined areas for the assigned concurrency numbers above are listed by parcel number on Exhibit B-1 and shown (except for the eight legacy lots, which are vacant lots in prior subdivisions) on Exhibit B-2, which Exhibits are attached hereto and incorporated herein by this reference as if set forth in full. Residential development shall be limited by either the PM peak hour trips or the number of units, whichever is more restrictive. Commercial development shall be limited only by the PM peak hour trips. To the extent that McCormick in the future proposes residential or commercial development within the McCormick Property that will generate more than the number of PM peak hour trips shown in the above table, the City will make a new concurrency determination regarding the capacity of its street system at that time. Section 10. Project Schedule. The Developer will commence construction of the two McCormick Projects on the following schedule a) Work on the roundabout at the intersection of Old Clifton Road and Campus Parkway (Project ID #1.5C on the City's TIP) (Permits #PW20-031 and PW20-032) shall commence no later than June 30, 2021, and Developer will complete construction in a timely and workmanlike manner. Such work shall be completed no later than September 30, 2022. b) Developer will submit a complete set of plans for a roundabout at the intersection of Old Clifton Road and McCormick Woods Drive (Project ID #2.08) no later than June 1, 2023 Development Agreement for Funding Transportation Improvements Page 7 of 19 FG:54082696.4 Page 155 of 440 Back to Agenda and will commence construction of said roundabout no later than June 1, 2024, provided that the City has before then acquired the additional land, not owned by Developer, that is needed for this roundabout; and Developer will complete construction in a timely and workmanlike manner. Such work shall be completed no later than September 30, 2025 so long as the City has acquired the land necessary for the roundabout before June 1, 2024. If the City has not acquired the land necessary for the roundabout before June 1, 2024, but does so more than 24 months before expiration of this Agreement, Developer shall construct the roundabout with 24 months of such acquisition. Section 11. Project standards. Developer will finance, design, and construct these McCormick Projects to comply with City standards, including obtaining all necessary permits. The City will approve the plans before construction begins; and the City will accept responsibility for the operation of the Projects once construction is completed and a two-year warranty and maintenance bond is in place. A Project will be deemed completed when all of the following occurs: 1. The City deems it substantially complete; 2. All punch list items are finished; 3. The City releases the performance bond; 4. The Developer has put a 2-year warranty and maintenance bond in place; 5. The Developer has completed all property dedications; and 6. The Developer has provided the City with a Bill of Sale for the improvements containing the certified construction costs (stamped by licensed engineer) to the City for determination of the maximum credits available under this Agreement. The City will confirm completeness of the Project by issuing a Final Notice of Completeness to the Developer. Section 12. Project costs. The maximum amount of the credit (or reimbursement) for project costs performed under this Agreement shall be limited to no greater than the engineer's estimate contained in the City's transportation impact fee calculation, plus an annual inflator per the CPI-U, or, the actual costs incurred by the Developer, whichever is less. The credits provided under Section 14 below are limited to this maximum credit/reimbursement amount and once the project cost maximum(s) have been achieved through credits or direct reimbursement to Developer, the credits will no longer be available and full impact fees will be due for further development. Section 13. Applicable Impact Fees. The repeal and replacement of the 2005 Transportation DA results in all property owners both within and without the McCormick Property being subject to the City's established city-wide impact fees as these now exist or may be modified in the future by the City Council. This Agreement further confirms that impact fees, permit fees, capital facilities charges, and other similar fees which are adopted by the City as of the Effective Date of this Agreement may be increased by the City from time to time, and made applicable to permits and approvals for the McCormick Property, as long as such fees and charges apply to similar applications and projects elsewhere in the City. All impact fees shall be paid as set forth in the approved permit or approval, or as addressed in chapter 20.182 of the Port Orchard Municipal Code, except as modified by this Agreement. Nothing in this Agreement restricts or prohibits the City from raising its fees, including transportation impact fees, and the Developer agrees to pay the impact fees at the rates that are in effect at the time when payment is due minus any credits applicable according to this Agreement. Section 14. Impact Fee Credits. The City hereby grants the Developer a credit against transportation impact fees for its costs to finance, design, and construct the McCormick Projects. Development Agreement for Funding Transportation Improvements Page 8 of 19 FG:54082696.4 Page 156 of 440 Back to Agenda The credit is available to parcels located in the areas identified and shown on Exhibits A-1 and A-2. The credits will be calculated and applied as follows: a) Each parcel or lot that is developed within the McCormick Property credit area (Exhibits A-1 and A-2) will pay the City's adopted impact fees until Developer provides documentation to the City that Developer has expended a minimum of $50,000 towards the design or construction of one of the McCormick Projects. At the time of this Agreement, the parties believe that Developer has already met this threshold, therefore, once Developer provides the documentation, the City will begin applying the credit described in this Agreement. b) Once McCormick provides documentation to the City of such $50,000 expenditure, the City will grant a credit in the amount of $1,000 per new home (or per peak pm trip for commercial/multifamily development) against its standard transportation impact fee for each application to develop a lot or parcel within the McCormick Property credit area (Exhibits A-1 and A-2) until such time as the credits granted by the City equal the amount of credit due to Developer under Section 12 above. This credit amount shall be adjusted as follows: The $1,000 credit shall be adjusted annually per the CPI-U, such adjustment to occur on March 1st of each year; ii. If the amount outstanding for reimbursement of project costs is less than the credit, then the lesser amount shall be provided as a credit; iii. If the City reimburses the Developer directly with SEPA mitigation funds received from another developer, then that amount shall be deducted dollar for dollar from the amount of project costs outstanding and the credits available will be reduced accordingly. c) Upon completion of each Project, Developer shall submit certified project costs to the City for review and acceptance by the City Engineer. Once these costs and executed Bill of Sale are reviewed and accepted by the City Engineer, the maximum credit due to Developer will be established and will equal the amount of the project costs as so certified in accordance with this subsection and Section 12. The City will grant the credits described in Subsection b) above against the transportation impacts fees that would otherwise be due for development of lots and parcels within the McCormick Property credit area as identified and shown on Exhibits A-1 and A-2. Such credits shall be provided until such time as the Developer receives full credit and/or reimbursement for its project costs or this Agreement terminates, whichever occurs first. The City agrees that these credits are consistent with RCW 82.02.060(4); that they are appropriate in light of the unusual circumstances described in the Recitals above; that they are consistent with the intent of POMC 20.182.080; and that the City Council has legislatively approved this Agreement and exempted these credits for development of the McCormick Projects from the specific provisions of POMC 20.182.080. Development Agreement for Funding Transportation Improvements Page 9 of 19 FG:54082696.4 Page 157 of 440 Back to Agenda Section 15. McCormick Land Company Reimbursement. This Agreement reaffirms the City's obligation to reimburse MLC for construction of the Glenwood Connector Roadway and minor improvements to Feigley Road. The maximum reimbursement amounts outstanding for these projects as of August 1, 2020 is $1,542,239.64. Regardless of any fee credits provided for in this Agreement, the City's reimbursement for such project shall continue at the rate of $720.80 for each unit of housing constructed or for each PM Peak trip, or fraction thereof, for which an impact fee is assessed in the MLC reimbursement area as depicted on Exhibit C until such time as MLC is fully reimbursed or this Agreement expires, whichever occurs first. This reimbursement amount shall be increased annually by CPI-U (Seattle/Tacoma/Bellevue) for the most recent twelve-month period (January 1 st to December 31 st) prior to the date of the adjustment. Such adjustment shall take effect on March 1st of each year, commencing on March 1, 2021. Disbursements shall be made annually in January of each year based on the collections from January 1st to December 31 st in the prior year, however in 2021, such payment shall only be from collections from August 1 to December 31, 2020 as payment from collections through July 31, 2020 has already occurred. MLC agrees to the repeal of the 2005 Transportation DA and accepts the continued reimbursement under this new Agreement and agrees to be bound by this new Agreement as shown by its signature to this Agreement. This Section 15 shall survive expiration of this Agreement and shall remain in effect until such time as MLC has been fully reimbursed under the terms of this Agreement for construction of the Glenwood Connector Roadway and minor improvements to Feigley Road. Section 16. Dedication of Public Lands. The Developer shall dedicate the land that it owns that is needed to construct the McCormick Projects prior to final completion of each Project. Neither Project shall be deemed completed until such dedications have occurred. In addition, consistent with Section 9 of the 2005 Transportation DA, to the extent that projects on the City's TIP including Old Clifton Widening and the Feigley Road Roundabout require additional dedications of right-of-way from within the McCormick Property, McCormick will dedicate that portion of the additional right-of-way. Such dedications shall occur within a mutually agreeable timeframe prior to the bid solicitation for the project requiring additional right-of-way. Section 17. Default. a) Subject to extensions of time by mutual consent in writing, failure or delay by either Party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the Party alleging such default or breach shall give the other Party not less than thirty (30) days' notice in writing, specifying the nature of the alleged default and the manner in which said default may be cured. During this thirty (30) day period, the Party charged shall not be considered in default for purposes of termination or institution of legal proceedings. b) After notice and expiration of the thirty (30) day period, if such default has not been cured or is not being diligently cured in the manner set forth in the notice, the other Party to this Agreement may, at its option, institute legal proceedings pursuant to this Agreement. In addition, the City may decide to file an action to enforce the City's Codes, and to obtain penalties and costs as provided in the Port Orchard Municipal Code for violations of this Development Development Agreement for Funding Transportation Improvements Page 10 of 19 FG:54082696.4 Page 158 of 440 Back to Agenda Agreement and the Code. Section 18. Termination. This Agreement shall terminate upon the expiration of the term identified in Section 7, which expiration date is February , 2041. Upon termination of this Agreement, the City shall record a notice of such termination in a form satisfactory to the City Attorney that the Agreement has been terminated. In addition, this Agreement shall automatically terminate and be of no further force and effect as to any single-family residence, any other residential dwelling unit or any non- residential building and the lot or parcel upon which such residence or building is located, when it has been approved by the City for occupancy and impact fees have been paid. Section 19. Extension and Modification. Any request for extension or modification, if allowed under the City's code, shall be subject to the provisions contained in Chapter 20.26 POMC. Section 20. Effect upon Termination on Developer and MLC. Termination of this Agreement as to the Developer or as to MLC shall not affect any of the Developer's or MLC's respective obligations to comply with the City Comprehensive Plan and the terms and conditions or any applicable zoning code(s) or subdivision map or other land use entitlements approved with respect to the McCormick Property or the MLC property, or any other conditions specified in the Agreement to continue after the termination of this Agreement or obligations to pay assessments, liens, fees or taxes. Furthermore, if the Agreement expires without the project costs being fully recovered by impact fee credit or mitigation funds, the Developer will no longer be eligible to receive such credits. Provided, however, that Section 15 of this Agreement will survive termination if MLC has not yet been fully reimbursed and this Agreement will only expire as to MLC after both termination and full reimbursement have occurred. Section 21. Effects upon Termination on City. Upon any termination of this Agreement as to the McCormick Property, or any portion thereof, or as to MLC property, the entitlements, conditions of development, limitations on fees and all other terms and conditions of this Agreement shall no longer be vested hereby with respect to the property affected by such termination (provided that vesting of such entitlements, conditions or fees may then be established for such property pursuant to the then existing planning and zoning laws). The City will be under no obligation to provide any additional credits or reimbursement to Developer even if the project costs have not been fully recovered at the time of expiration or termination. Section 22. Assignment and Assumption. The Developer shall have the right to sell, assign or transfer this Agreement with all rights, title, and interests therein to any person, firm or corporation at any time during the term of this Agreement with a sale of the underlying property. Developer shall provide the City with written notice of any intent to sell, assign, or transfer all or a portion of the McCormick Property, at least 30 days in advance of such action. A transfer by Developer will not impact the rights of MLC under this Agreement. This requirement for notice, however, does not apply to the sale by Developer of individual residential lots approved by the City for development of houses. Development Agreement for Funding Transportation Improvements Page 11 of 19 FG:54082696.4 Page 159 of 440 Back to Agenda Section 23. Binding on Successors; Covenants Running with the Land. The conditions and covenants set forth in this Agreement and incorporated herein by the Exhibits shall run with the land and the benefits and burdens shall bind and inure to the benefit of the Parties. The Developer and every purchaser, assignee or transferee of an interest in the McCormick Property, or any portion thereof, shall be obligated and bound by the terms and conditions of this Agreement, and shall be the beneficiary thereof and a Party thereto, but only with respect to the McCormick Property, or such portion thereof, sold, assigned or transferred to it. Any such purchaser, assignee or transferee shall observe and fully perform all of the duties and obligations of a Developer contained in this Agreement, as such duties and obligations pertain to the portion of the McCormick Property sold, assigned or transferred to it. Section 24. Amendment to Agreement; Effect of Agreement on Future Actions. No waiver, alteration, or modification to any of the provisions of this Agreement shall be binding unless in writing, signed by the duly authorized representatives of the Parties, be consistent with Chapter 20.26 POMC, and, where considered substantive as determined by the Director, follow the same procedures set forth in Chapter 20.26 POMC. However, nothing in this Agreement shall prevent the City Council from making any amendment to its Comprehensive Plan, Zoning Code, Official Zoning Map or development regulations, or to impacts fees that affect the McCormick Property in the same manner as other properties, after the Effective Date of this Agreement. Section 25. Releases. a) General. Developer may free itself from further obligations relating to the sold, assigned, or transferred property, provided that the buyer, assignee or transferee expressly assumes the obligations under this Agreement as provided herein. b) Previously collected impact fees. Developer expressly waives and forever releases City from any and all claims it may have with regards to the amount or usage of any transportation impact fees which the City collected from property that was subject to the 2005 Transportation DA prior to the effective date of this Agreement. Developer further agrees that City can utilize these previously collected funds on any project it deems appropriate and is not limited to the projects outlined in the 2005 Transportation DA. These projects include, but are not limited, to the Old Clifton Road/Anderson Hill Road Roundabout (Project 2.07), the Old Clifton Road non -motorized shoulder and pedestrian improvements (Project 1.5A), Old Clifton Widening Design (Project 1.5A), and Bethel Avenue (Project 1.3). c) Obligations to Kitsap County Extinguished. This Agreement being a complete replacement to the 2005 Transportation DA, neither Party has any obligations to Kitsap County. Section 26. Notices. Notices, demands, correspondence to the City, MLC, and/or Developer (as applicable) shall be sufficiently given if dispatched by pre -paid first-class mail to the addresses of the parties as designated in "Written Notice" Section 38 below. Notice to the City shall be to the attention of both the City Clerk and the City Attorney. Notices to successors -in - interest of the Developer shall be required to be given by the City only for those successors -in - interest who have given the City written notice of their address for such notice. The parties Development Agreement for Funding Transportation Improvements Page 12 of 19 FG:54082696.4 Page 160 of 440 Back to Agenda hereto may, from time to time, advise the other of new addresses for such notices, demands or correspondence. Section 27. Reimbursement for Agreement Expenses of the City. Developer agrees to reimburse the City for actual expenses incurred over and above fees paid by Developer as an applicant incurred by City directly relating to this Agreement, including recording fees, publishing fees and reasonable staff and consultant costs not otherwise included within application fees. This Agreement shall not take effect until the fees provided for in this section, as well as any processing fees owed to the City for the transportation project known as the Campus Parkway Roundabout are paid to the City. Upon payment of all expenses, the Developer may request written acknowledgement of all fees. Such payment of all fees shall be paid, at the latest, within thirty (30) days from the City's presentation of a written statement of charges to the Developer. Section 28. Applicable Law, Resolution of Disputes, and Attorneys' Fees. If any dispute arises between the City and Developer under any of the provisions of this Agreement, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington or the U.S. District Court for Western Washington. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. The non - prevailing Party in any action brought to enforce this Agreement shall pay the other Parties' expenses and reasonable attorney's fees. Section 29. No Third -Party Beneficiaries. Except as otherwise provided herein, this Agreement shall not create any rights enforceable by any party who is not a Party to this Agreement. Section 30. City's right to breach. The parties agree that the City may, without incurring any liability, engage in action that would otherwise be a breach if the City makes a determination on the record that the action is necessary to avoid a serious threat to public health and safety, or if the action is required by federal or state law. Section 31. Developer's Compliance. The City's duties under the agreement are expressly conditioned upon the Developer's or Property Owner's substantial compliance with each and every term, condition, provision and/or covenant in this Agreement, including all applicable federal, state, and local laws and regulations and the Developer's/Property Owner's obligations as identified in any approval or project permit for the property identified in this Agreement. Section 32. Limitation on City's Liability for Breach. Any breach of this Agreement by the City shall give right only to damages under state contract law and shall not give rise to any liability under Chapter 64.40 RCW, the Fifth and Fourteenth Amendments to the U.S. Constitution, or similar state constitutional provisions. Section 33. Third Party Legal Challenge. In the event any legal action or special proceeding is commenced by any person or entity other than a Party to challenge this Agreement or any provision herein, the City may elect to tender the defense of such lawsuit or individual claims in the lawsuit to Developer . In such event, Developer shall hold the City harmless from Development Agreement for Funding Transportation Improvements Page 13 of 19 FG:54082696.4 Page 161 of 440 Back to Agenda and defend the City from all costs and expenses incurred in the defense of such lawsuit or individual claims in the lawsuit, including but not limited to, attorneys' fees and expenses of litigation. The Developer shall not settle any lawsuit without the consent of the City. The City shall act in good faith and shall not unreasonably withhold consent to settle. Section 34. Specific Performance. The parties specifically agree that damages are not an adequate remedy for breach of this Agreement, and that the parties are entitled to compel specific performance of all material terms of this Development Agreement by any Party in default hereof. Section 35. Recording. This Agreement shall be recorded against the property with the real property records of the Kitsap County Auditor. During the term of the Agreement, it is binding upon the owners of the property and any successors in interest to such property. Section 36. Severability. If any phrase, provision or section of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, or if any provision of this Agreement is rendered invalid or unenforceable according to the terms of any statute of the State of Washington which became effective after the effective date of the ordinance adopting this Development Agreement, and either Party in good faith determines that such provision or provisions are material to its entering into this Agreement, that Party may elect to terminate this Agreement as to all of its obligations remaining unperformed. Section 37. Non -Waiver of Breach. The failure of a Party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred 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 and remain in full force and effect. Section 38. Written Notice. All written communications regarding enforcement or alleged breach of this Agreement shall be sent to the parties at the addresses listed below, unless notified to the contrary. Unless otherwise specified, any written notice hereunder shall become effective upon the date of both emailing and mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated below: McCORMICK: Eric Campbell 12332 NE 115th Place Kirkland, WA 98033 eric(amspgroupllc.com Nick Tosti 805 Kirkland Avenue, Suite 200 Kirkland, WA 98033 nicktosti amail.com CITY: Mayor City of Port Orchard 216 Prospect Street Port Orchard WA 98366 rputaansuugcityofportorchard.us Copies shall also be transmitted to the City Clerk and City Attorney at the above address. Development Agreement for Funding Transportation Improvements Page 14 of 19 FG:54082696.4 Page 162 of 440 Back to Agenda GEM 1, LLC / MCCORMICK LAND COMPANY Doug Skrobut 1869 McGilvra Blvd E Seattle, WA 98112 dskrobut&gmail.com Section 39. Time is of the essence. All time limits set forth herein are of the essence. The Parties agree to perform all obligations under this Agreement with due diligence. Section 40. Entire Agreement. The written provisions and terms of this Agreement, together with the Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Agreement. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and exhibits thereto. IN WITNESS WHEREOF, the parties have executed this Agreement on this day of February, 2021. MCCORMICK COMMUNITIES, LLC By: Its: GEM 1, LLC/McCORMICK LAND COMPANY By: Its: APPROVED AS TO FORM: Patrick Schneider Attorney for McCormick CITY OF PORT ORCHARD By: Its: Mayor APPROVED�OQRM: for Port Orchard Development Agreement for Funding Transportation Improvements Page 15 of 19 FG:54082696.4 Page 163 of 440 Back to Agenda APPROVED AS TO FORM: Duana Kolouskova Attorney for GEM 1, LLC/MLC ATTEST: Brandy Rinearson Port Orchard City Clerk Development Agreement for Funding Transportation Improvements Page 16 of 19 FG:54082696.4 Page 164 of 440 Back to Agenda NOTARY BLOCK FOR PORT ORCHARD STATE OF WASHINGTON ) ) ss. COUNTY OF KITSAP ) I certify that I know or have satisfactory evidence that Mr. Rob Putaansuu is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Mayor of Port Orchard to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: 20 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: Development Agreement for Funding Transportation Improvements Page 17 of 19 FG:54082696.4 Page 165 of 440 Back to Agenda NOTARY BLOCK FOR McCORMICK COMMUNITIES STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that Mr. is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of McCormick Communities, LLC to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: 20 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at:_ My Commission expires: Development Agreement for Funding Transportation Improvements Page 18 of 19 FG:54082696.4 Page 166 of 440 Back to Agenda NOTARY BLOCK FOR GEM 1 / McCORMICK LAND COMPANY STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that Mr. Doug Skorbut is the person who appeared before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it as the of GEM 1, LLC/McCormick Land Company to be the free and voluntary act of such Party for the uses and purposes mentioned in the instrument. Dated: 20 (print or type name) NOTARY PUBLIC in and for the State of Washington, residing at:_ My Commission expires: Development Agreement for Funding Transportation Improvements Page 19 of 19 FG:54082696.4 Page 167 of 440 Back to Agenda Exhibit A-1 McCormick Property List of Parcels Subject to Impact Fee Credit McCormick North 052301-4-023-2008 052301-4-027-2004 052301-4-024-2007 052301-4-025-2006 052301-4-026-2005 052301-4-013-2000 042301-3-011-2005 McCormick West 082301-2-002-2004 082301-2-003-2003 082301-1-013-2003 082301-2-004-2101 082301-1-010-2006 082301-1-014-2002 172301-2-002-2003 172301-2-004-2001 172301-2-003-2002 172301-2-006-2009 172301-2-005-2000 172301-2-007-2008 172301-3-004-2009 McCormick Woods 042301-3-010-2006 6031-000-131-0002 5552-000-045-0008 092301-1-005-2002 092301-4-004-2007 092301-1-009-2008 092301-4-005-2006 092301-4-003-2008 092301-4-002-2009 162301-1-021-2003 162301-1-020-2004 162301-1-019-2007 Page 168 of 440 Back to Agenda Exhibit A-2 McCormick Property Maps of Parcels/Areas Subject to Impact Fee Credit McCormick North McCormick West McCormick Woods Legend ........................................ % North • ........................................ •........................................ West +Y.......................................7 Wd Page 169 of 440 Back to Agenda Exhibit 6-1 List of Parcels with Vested Concurrency McCormick North 052301-4-023-2008 052301-4-027-2004 052301-4-024-2007 052301-4-025-2006 052301-4-026-2005 052301-4-013-2000 042301-3-011-2005 McCormick West 082301-2-002-2004 082301-2-003-2003 082301-1-013-2003 082301-2-004-2101 082301-1-010-2006 082301-1-014-2002 172301-2-002-2003 172301-2-004-2001 172301-2-003-2002 172301-2-006-2009 172301-2-005-2000 172301-2-007-2008 172301-3-004-2009 McCormick Woods 042301-3-010-2006 6031-000-131-0002 5552-000-045-0008 092301-1-005-2002 092301-4-004-2007 092301-1-009-2008 092301-4-005-2006 092301-4-003-2008 092301-4-002-2009 162301-1-021-2003 162301-1-020-2004 162301-1-019-2007 Legacy Lots 5190-000-018-0009 6031-000-032-0002 6031-000-025-0001 6031-000-063-0004 5161-000-021-0009 5145-000-023-0008 5139-000-013-0008 6031-000-074-0001 Page 170 of 440 a� Exhibit 6-2 Map of Parcels/Areas with Vested Concurrency Legend McCormick North McCormick West McCormick Woods Golf Facilities ...................................... ti North ........................................ ........................................ West ........................................: ........................................ Wd ........................................: ........................................ GC ........................................: See Exhibit 61 for legacy lots vested to concurrency with this agreement Page 171 of 440 Back to Agenda Exhibit C Boundary of 2005 Traffic Agreement Page 172 of 440 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 Subject: Adoption of an Ordinance Adopting an Adjusted Traffic Impact Fee Summary: See staff report for Public Hearing, agenda item 6A. Back to Agenda Meeting Date: February 9, 2021 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No.: Development -Matter 11 Atty Review Date: January 12, 20201 Relationship to Comprehensive Plan: See staff report for Public Hearing, agenda item 6A. Recommendation: Staff recommends that the City Council vote to approve an ordinance adopting an adjusted traffic impact fee. Motion for Consideration: "I move to approve an ordinance adopting an adjusted traffic impact fee." Fiscal Impact: See staff report for Public Hearing, agenda item 6A. Alternatives: Do not approve the ordinance; request changes to the ordinance. Attachments: Ordinance; Appendix A Traffic Impact Fee Rate Update, Appendix B Park Impact Fees 2015 (for reference only); Appendix C School Impact Fee 2015 (for reference only). Page 173 of 440 Back to Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, REGARDING TRANSPORTATION IMPACT FEES; AMENDING SECTION 20.182.060 OF THE PORT ORCHARD MUNICIPAL CODE TO ADOPT A NEW TRANSPORTATION IMPACT FEE SCHEDULE, CLARIFYING ADOPTION PROCEDURES AND INDEXING TRANSPORTATION IMPACT FEES TO CPI-U; ADDING A NEW SECTION 20.182.125 TO THE PORT ORCHARD MUNICIPAL CODE TO DESIGNATE THE CITY'S 6 YEAR/20 YEAR TRANSPORTATION IMPROVEMENT PLAN AS THE CAPITAL FACILITIES PLAN FOR TRANSPORTATION; PROVIDING FOR SEVERABILITY AND CORRECTIONS; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the State of Washington Growth Management Act, Chapter 36.70A RCW and related sections ("GMA") requires the City to adopt a Comprehensive Plan that provides adequate public facilities to serve development; and WHEREAS, counties, cities, and towns that are required or choose to plan under RCW 36.70A.040 are authorized to impose impact fees on development activity as part of the financing for public facilities, provided that the financing or system improvements to serve new development must provide for a balance between impact fees and other sources of public funds and cannot rely solely on impact fees; and WHEREAS, RCW 82.02.050 -.110 and WAC 365-196-850 authorize counties, cities, and towns planning under the Growth Management Act (GMA) to impose impact fees for public streets and roads, publicly owned parks, open space, and recreation facilities, and school facilities, and fire protection facilities; and WHEREAS, the City of Port Orchard has adopted transportation, school, and park impact fees, as codified in subsection 20.182.060 of the Port Orchard Municipal Code (POMC) and Appendices A-C in Exhibit 1 of Ordinance 019-17; and WHEREAS, the City Council finds that new development activity in the City of Port Orchard will create additional demand and need for public facilities; and WHEREAS, the City of Port Orchard has previously adopted a transportation impact fee program pursuant to the authority provided in Chapter 82.02 RCW; and WHEREAS, in 2015 the City's current transportation impact fee rate was established at $2,552 per new PM peak hour trip, with a separate impact fee rate of $560 per new PM peak Page 174 of 440 Back to Agenda Ordinance No. Page 2 of 5 hour trip applied to growth in the McCormick Woods PUD; and WHEREAS, this year the City Council adopted the City's 6 Year/20 Year Transportation Improvement Plan (TIP) as part of the City's Comprehensive Plan (Ordinance 015-20); and WHEREAS, the City Council desires to adopt an updated transportation impact fee schedule to ensure that all projects on the current TIP receive appropriate impact fee funding per RCW Section 82.02.050; and WHEREAS, the City Council deems it in the best interests of the city of Port Orchard to formally designate the TIP as the "capital facilities plan" for the purpose of identifying the proposed transportation improvements reasonable and necessary to meet the future development needs of the service area consistent with the city's level of service policy, as required by RCW 82.02.050; and WHEREAS, the City contracted with Transportation Solutions, Inc. to prepare an updated transportation impact fee rate study and recommended impact fee rate, which was provided to the City in December 2020 (Exhibit A); and WHEREAS, the City has prepared an updated transportation impact fee schedule based on the findings and recommendations of the study prepared by Transportation Solutions, Inc., and WHEREAS, on January 19, 2021, the City Council held a study session on the updated transportation impact fee schedule; and WHEREAS, on February 9, 2021, at its regular meeting the City Council held a public hearing on this ordinance, considered the updated transportation impact fee schedule and the public testimony, and reviewed the ordinance proposed for its adoption; and WHEREAS, the transportation, parks and school impact fees are currently adopted as appendices to Chapter 20.182 of the Port Orchard Municipal Code, and WHEREAS, the City Council desires to directly adopt the transportation, parks, and school impact fees by ordinance, for ease of reference and use; and WHEREAS, this ordinance is exempt from the requirements of the State Environmental Policy Act (SEPA), Chapter 43,21C RCW, and the City's environmental Page 175 of 440 Back to Agenda Ordinance No. Page 3 of 5 regulations, Chapter 20.160 POMC; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council adopts all of the "Whereas" sections of this ordinance as findings in support of this ordinance. SECTION 2. Subsection 20.182.060 of the Port Orchard Municipal Code is hereby amended to read as follows: 20.182.060 Fee schedules and establishment of service area. (1) Impact fee schedules setting forth the amount of the impact fees to be paid by developers aFe listed On the appendices attached to the „Fdin nee adapting this dray,+.,~ shall be adopted by ordinance of the City Council and incorporated herein by this reference. The read „r tFan peFt tier ; act fee schedule is On Appendix A aFk irAp f,,,,s are in A"" RdiX B "d-g-,.h,,,,i ; aGt fees aFe OR A"" Rdix r The impact fee schedules may be revised at any time the city council deems just and appropriate. (2) For the purpose of road and park impact fees, the entire city shall be considered one service area. (3) For the purpose of school impact fees, the entire boundary of the school district shall be considered one service area. (4) Transportation impact fees adopted by the City shall automatically increase annually per CPI-U (All Urban Consumers Index) (1982-1984=100), not seasonally adjusted, for the Seattle -Tacoma -Bellevue area forthat 12-month period from January 11to December 311 Indexed as the Annual Average, as is specified by the Bureau of Labor Statistics, United States Department of Labor. Increases based on CPI-U shall take effect on March 11 of the following vear. SECTION 3. A new subsection 20.182.125 is hereby added to the Port Orchard Municipal Code to read as follows: 20.182.125 Designation of Capital Facilities Plan for Transportation. The city designates the 6 Year/20 Year Transportation Improvement Plan (TIP) as the Page 176 of 440 Back to Agenda Ordinance No. Page 4 of 5 City's comprehensive capital facilities plan for the purpose of identifying the proposed transportation improvements reasonable and necessary to meet the future development needs of the service area consistent with the city's level of service policy, as required by RCW 82.02.050. The TIP identifies the specific subset of transportation improvements in the impact fee project list that forms the basis for the transportation impact fee program. SECTION 4. Adoption of Transportation Impact Fee Schedule. The City hereby adopts a new transportation impact fee schedule which is included as a part of Exhibit A to this ordinance, in accordance with POMC 20.182.060. This transportation impact fee schedule shall become effective on the effective date established in Section 9 below and shall replace and supersede any previously adopted transportation impact fee schedule. SECTION S. Park and School Impact Fees Unchanged. The park and school impact fee schedules that were previously adopted by the City Council shall remain in effect and are respectively shown on Exhibits B and C of this ordinance. SECTION 6. Sections 4 and 5 of this Ordinance are deemed of special effect and shall not be codified. SECTION 7. Severability. If any section, sentence, clause, or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause, or phrase of this ordinance. SECTION 8. Corrections. Upon the approval of the city attorney, the city clerk, and/or code publisher is authorized to make any necessary technical corrections to this ordinance, including but not limited to the correction of scrivener's/clerical errors, references, ordinance numbering, section/subsection numbers, and any reference thereto. SECTION 9. Effective Date. This ordinance shall be in full force and effect five (5) days after publication as provided by law. A summary of this ordinance in the form of the ordinance title may be published in lieu of publishing the ordinance in its entirety. Page 177 of 440 Back to Agenda Ordinance No. Page 5 of 5 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 9t" day of February 2021. Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Robert Putaansuu, Mayor Sponsored by: Scott Diener, Councilmember EXHIBIT A: TRANSPORTATION IMPACT FEE SCHEDULE WITH RATE STUDY (2021) EXHIBIT B: PARKS IMPACT FEE SCHEDULE (EXISTING) EXHIBIT C: SCHOOL IMPACT FEE SCHEDULE (EXISTING) Page 178 of 440 Back to Agenda Transportation .� p INNOVATIVE I PRACTICAL Solutions I EQUITABLE TRANSPORTATION IMPACT FEE RATE STUDY 2020 UPDATE FINAL REPORT December 2020 Prepared for: City of Port Orchard Prepared by: Transportation Solutions, Inc. 16932 Woodinville -Redmond Rd NE Suite A206 Woodinville, WA 98072 Page 179 of 440 Back to Agenda City of Port Orchard 2020 Transportation Impact Fee Rate Update Table of Contents 1. Introduction....................................................................................................................................... 1 Definitionof Impact Fees.................................................................................................................................... 1 Statutory Basis for Impact Fees.......................................................................................................................... 1 2. Impact Fee Analysis............................................................................................................................ 2 Methodology...................................................................................................................................................... 2 Current Impact Fee Methodology...................................................................................................................... 2 Projects Eligible for Impact Fees......................................................................................................................... 2 EligibleProject Costs........................................................................................................................................... 3 ImpactFee Calculation....................................................................................................................................... 3 Sample Transportation Impact Fees................................................................................................................... 6 3. Additional Issues for Consideration..................................................................................................... 6 Anticipated Annual Revenues from Impact Fees................................................................................................ 6 AnticipatedGrant Revenue................................................................................................................................ 6 Anticipated Need for Other Public Funds........................................................................................................... 7 4. Transportation Impact Fee Rate Comparison....................................................................................... 7 S. Credits and Adjustments..................................................................................................................... 7 ImpactFee Credits.............................................................................................................................................. 7 IndependentFee Calculation.............................................................................................................................. 8 Construction Cost Index Adjustment.................................................................................................................. 8 6. Conclusions........................................................................................................................................ 8 Appendices Appendix A. Transportation Impact Fee Project List Appendix B. Transportation Impact Fee Rate Schedule Appendix C. Comparison of 2019-2020 TIF Rates in Western Washington 1 :-& ..i T..L.1.... Table 1. Impact Fee -Eligible Transportation Improvement Projects...................................................................... S Table 2. Transportation Impact Fee Comparison for Typical Land Uses................................................................. 6 Transportation Solutions, Inc. December 2020 Page 180 of 440 Back to Agenda City of Port Orchard 2020 Transportation Impact Fee Rate Update 1. Introduction This document summarizes the development of an updated transportation impact fee rate for the City of Port Orchard. It describes the existing impact fee rate, the basis for the fee, the rate methodology, the impact fee project list, and the recommended fee rate. Definition of Impact Fees Impact fees are a comprehensive grouping of charges based on new development within a local municipality. These fees are assessed to pay for capital facility improvement projects necessitated by new development growth (including but not limited to parks, schools, and streets/roads). Transportation impact fees are collected to fund improvements that add capacity to the transportation system, accommodating the travel demand created by new development. The Revised Code of Washington (RCW) Section 82.02.050 identifies the intent of impact fees as the following: • To ensure that adequate facilities are available to serve new growth and development; • To promote orderly growth and development by establishing standards by which counties, cities, and towns may require, by ordinance, that new growth and development pay a proportionate share of the cost of new facilities needed to serve new growth and development; and • To ensure that impact fees are imposed through established procedures and criteria so that specific developments do not pay arbitrary fees or duplicative fees for the same impact. Statutory Basis for Impact Fees Transportation impact fees are a financing mechanism authorized by the Growth Management Act (GMA) of Washington State (see RCW 36.70A.070 and 82.02.050). State law imposes strict limitations on impact fees. These limitations are intended to assure property owners that the fees collected are reasonably related to their actual impacts and will not be used for unrelated purposes. If impact fees are imposed, the funds collected from developments can be expended only on transportation system improvements which are: (a) identified in the comprehensive plan as needed for growth, and (b) reasonably related to the impacts of the new development from which fees are collected. Specifically, condition (a) requires that impact fees are not used on improvements needed to remedy existing deficiencies. Those needs must be entirely funded from public sector resources. Condition (b) is satisfied if the local government defines a reasonable service area, identifies the public facilities within the service area that require improvement during the designated planning period, and prepares a fee schedule taking into account the type and size of the development as well as the type of public facility being funded. To achieve the goal of simplicity, impact fee calculations are applied on an average basis for the entire transportation system, rather than project -by -project. This is a key difference between impact fees and State Environmental Policy Act (SEPA) mitigation, whereby pro-rata shares of specific project improvements are collected. Pre -calculated impact fees are easier to administer than traditional SEPA development mitigation, at the point of development review. However, more complex administrative procedures are necessary to track Transportation Solutions, Inc. 1 December 2020 Page 181 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update the funds collected from each development. This is necessary to assure that the funds are expended only on eligible transportation system improvements and to assure that impact fee revenues are used within six years. Fees not expended within six years must be refunded with interest to the current owner of the property. The methodology and results described below are consistent with the requirements of the GMA. The procedures and recommendations described herein can be formally enacted by an impact fee ordinance incorporating this memo by reference. 2. Impact Fee Analysis Methodology The conceptual basis for the transportation impact fee is that growth (i.e. new development) should pay a proportionate share of the cost to provide future transportation capacity. This proportionate share is calculated based on the estimated cost of growth -related transportation improvement projects identified in the Comprehensive Plan and on an estimate of growth's share of capacity utilization for each project. The impact fee analysis is limited to projects that provide capacity improvements needed for growth. Projects related to maintenance, such as pavement overlays and physical obsolescence, as well as improvements necessary to mitigate existing capacity deficiencies, are not eligible for impact fee funding. However, agencies have been encouraged by the Department of Commerce to consider multimodal transportation improvements and, to that end, shoulder widening, sidewalks, bike lanes and parallel trails are reasonable to include as both motorized and nonmotorized capacity enhancements. Current Impact Fee Methodology The Port Orchard transportation impact fee program was developed and adopted in 2015 as ordinance number 023-15 and later reorganized under ordinance number 019-17. The impact fee methodology is based on proportionate growth share of impact fee eligible project costs. As of December 2020, the transportation impact fee rate is $2,552 per new PM peak hour trip. A separate impact fee rate of $560 per new PM peak hour trip is applied to growth in the McCormick Woods PUD. This rate represents the difference between the citywide rate and a GEM1 fee rate of $1,992 per trip which was required per the McCormick Woods Development Agreement adopted in 2005. Projects Eligible for Impact Fees Not all planned transportation projects and programs are eligible for impact fees. Planned improvement project are divided below into the following categories in order to establish a list of qualifying projects that will form the basis for the Port Orchard impact fee rate: • Project Improvements • Planned Transportation Projects needed within 20 years • Maintenance Projects Protect Improvements Project improvements are transportation improvements necessary for a specific development that do not provide significant system benefits. These are typically low -volume local streets that serve driveways and parking areas. They may provide connections to other developments, but not for the purpose of Transportation Solutions, Inc. 2 December 2020 Page 182 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update significant system capacity. Other project improvements include safety improvements and new access connections to existing arterials that serve only one development. Project improvements are typically required by other development regulations or as SEPA mitigation for specific development impacts not anticipated in the Comprehensive Plan. Project improvements are not eligible for impact fees. For the purpose of this rate analysis, roadway extensions that connected existing developments, but were not significant arterials, were considered project improvements that could be required under other City codes and regulations but would not be included in the impact fee calculation. Planned Transportation Projects The Port Orchard 2021-2040 Transportation Improvement Program (TIP) identifies transportation projects which are needed to serve traffic growth for the next twenty years. Projects with capacity benefits are eligible for impact fee funding. Capacity -related improvements may include adding turn lanes, lane widening or separating non -motorized modes, adding signals or roundabouts for intersection capacity, or other improvements. The methodology for roadway capacity calculation is described in the Transportation Element of the Comprehensive Plan. The proportional share of these projects reasonably related to growth are eligible for impact fees. Maintenance Proiects Maintenance programs, general studies, and non -capital activities are generally not eligible for impact fees. A component of ongoing pavement preservation could be eligible for impact fees if it is demonstrated that growth increases the magnitude of pavement reconstruction requirements. For instance, if existing conditions require a two-inch asphalt overlay, but added traffic from growth requires a three-inch asphalt overlay to achieve the same pavement life, the cost of the additional inch of asphalt could be attributed to growth. If the overlay or reconstruction provides increased lane width, intersection improvements, or shoulder widening the cost of the expansion could be considered eligible. Eligible Project Costs Impact fee eligible projects and their estimated costs are identified in Table 1. These costs include various elements which are necessary for the construction of transportation improvements, including design, permitting, right-of-way, construction, and construction management. Ongoing or future maintenance is not an eligible impact fee cost. TIP projects which are not capacity -related, or which are considered maintenance projects/programs are not included in the TIF project list. Impact Fee Calculation The impact fee was calculated based on the increase in PM peak hour vehicle trips resulting from growth, the cost of improvements related to growth, and the City's transportation financing strategy, as defined in the 2016 Comprehensive Plan. The calculation methodology is described below. Local Funding Responsibility Roadway projects are generally eligible for state and federal grant funds. These funds are not predictable and vary in amount by grantor. Additionally, cost -sharing agreements with Washington State Department of Transportation (WSDOT) and Kitsap County are anticipated to reduce some of the City's project cost responsibility. This analysis assumes the City will be responsible for 50 percent of total impact fee -eligible project costs over the 20-year planning horizon, with the other 50 percent anticipated to be funded by grant and intergovernmental revenue roadway projects. Transportation Solutions, Inc. 3 December 2020 Page 183 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Exceptions were applied to the following projects which are anticipated to be fully funded by the City of Port Orchard or by local development, with no grants or intergovernmental revenue: • Bethel/Sedgwick Corridor Phase 1 Design (TIP #1.3) • Old Clifton Rd Design — 60% (TIP #1.5A) • Old Clifton Rd & Campus Parkway roundabout (TIP #1.5C) • Old Clifton Rd & McCormick Woods Dr roundabout (TIP #2.08) • Glenwood Connector Roadway (per development agreement) • Feigley Rd improvements (per development agreement) Proportionate Share of Project Cost Growth's proportionate share of each improvement project was calculated as the proportion of added capacity which will be used by new development trips, per the Port Orchard travel demand model. The Port Orchard travel demand model was most recently updated and recalibrated in 2019. It incorporates trip generation data published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10r" Edition and calibrated to fit 2019 weekday PM peak hour traffic counts. The travel demand model trip distribution and traffic assignment procedures were calibrated based on regional and national guidance, including the Kitsap County travel demand model and Federal Highway Administration travel demand model calibration guidance, in addition to local engineering expertise and traffic counts. To generate 2040 PM peak hour travel demand forecasts, the calibrated 2019 PM travel demand model was modified to include housing and employment growth forecasts identified in the Port Orchard Comprehensive Plan. A total of 7,352 new weekday PM peak hour trips are anticipated citywide between 2019 and 2040. These new trips were assigned to the transportation network, resulting in traffic growth forecasts for each intersection and roadway segment on the TIF project list. The proportionate growth share of TIF project costs was calculated by dividing the 2019-2040 PM peak hour trip growth by the capacity contribution, in vehicles per hour, of each improvement project: Proportionate Share ofProject Costj= PM peak hr trip growth Added PM peak hr capacity The resulting proportionate share for each TIF project is identified in Table 1. Total project costs and growth share are summarized below: Total TIF Project Cost $145,863,474 Anticipated Grant & Intergovernmental Revenue $78,597,474 Anticipated City & Developer (Non -Grant) Responsibility $67,266,000 Growth/Development Share of Project Cost $36,343,224 Transportation Solutions, Inc. 4 December 2020 Page 184 of 440 Back to Agenda City of Port Orchard 2020 Transportation Impact Fee Rate Update Table 1. Impact Fee -Eligible Transportation Improvement Projects TIP IDl Project Name Cost Estimate ($) Local Share' ($) GrowthGrowth Share' N Share ($) DA Glenwood Connector Roadway 2,000,000 2,000,000 100% 2,000,000 1.1 Tremont St Widening CN Phase 23,600,000 7,570,000 24% 1,851,656 1.3 Bethel/Sedgwick Corridor Ph. 1 Design 1,211,000 1,211,000 24% 293,489 1.4 Old Clifton Rd/Anderson Hill Rd Roundabout 2,420,000 968,000 81% 786,112 1.5A Old Clifton Rd Design - 60% 562,000 562,000 100% 562,000 1.5C Old Clifton Rd/Campus Pkwy Roundabout 1,600,000 1,600,000 100% 1,600,000 1.7 Vallair Ct Connector 2,498,000 1,249,000 8% 96,697 2.01 Sidney Ave (N) Widening 13,113,000 6,557,000 48% 3,144,444 2.02 Sedgwick Rd West Design/ROW 1,444,000 722,000 100% 722,000 2.03 Sedgwick Rd West Constr. 4,331,000 2,166,000 100% 2,165,500 2.04A Bethel/Sedgwick Corridor Ph. 1 ROW/Constr. 14,360,000 7,180,000 24% 1,740,094 2.04B Bethel/Sedgwick Corridor Ph. 2 17,498,000 5,249,000 28% 1,464,306 2.04C Bethel/Sedgwick Corridor Ph. 3 6,111,000 1,833,000 5% 97,776 2.04D Bethel/Sedgwick Corridor Ph. 4 9,179,000 4,590,000 45% 2,067,975 2.04E Bethel/Sedgwick Corridor Ph. 5 11,059,000 5,530,000 100% 5,529,500 2.05 Sidney Rd (S) Widening 7,820,000 3,910,000 66% 2,593,367 2.06 Pottery Ave (N) Widening 1,998,000 999,000 28% 277,500 2.07 Old Clifton Rd Shoulder & Ped. Impr. 3,372,000 1,686,000 100% 1,686,000 2.08 Old Clifton Rd/McCormick Woods Dr Roundabout 1,600,000 1,600,000 100% 1,600,000 2.09 Melcher St Widening 749,000 375,000 7% 25,279 2.1 Fireweed Rd Widening 468,000 234,000 5% 11,700 2.12 Sherman Ave Widening 656,000 328,000 5% 16,400 2.13 Tremont St Widening Ph. 2 - PO Blvd 10,684,000 5,342,000 100% 5,342,000 2.14 Pottery Ave (S) Widening 5,245,000 2,623,000 16% 415,119 2.16 Blueberry Rd Widening 749,000 375,000 22% 80,518 2.17 Geiger Rd Widening 468,000 234,000 5% 11,700 2.18 Salmonberry Rd Widening 281,000 141,000 21% 28,803 2.19 Piperberry Way Extension 468,000 234,000 11% 25,665 2.21 Old Clifton Rd/Feigley Rd Roundabout 243,000 122,000 26% 31,150 DA Feigley Rd Improvements 76,474 76,000 100% 76,474 Total 145,863,474 67,266,000 54% 36,343,224 'Project ID number in Port Orchard 2021-2040 Transportation Improvement Program. DA = development agreement project zPortion of project cost which is anticipated to be funded by City of Port Orchard and developer funds (i.e. not funded by grants or intergovernmental revenue) 313ortion of added capacity which is used by growth (i.e. new development). Developer -funded projects are assigned 100% growth share. Transportation Solutions, Inc. 5 December 2020 Page 185 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Impact Fee Rate The citywide transportation impact fee rate was calculated by dividing the sum of the growth share of TIF project cost by the total citywide PM peak hour trip growth forecast, as shown: Development share of project costs _ $36,343,224 Citywide PM trip growth 7,352 new trips $4,943 / PM peak hour trip Sample Transportation Impact Fees Table 2 summarizes the fee rates which would be paid by several typical developments If the above calculated rate were adopted in an impact fee ordinance. A comprehensive transportation impact fee rate schedule is included in Appendix B. Table 2. Transportation Impact Fee Comparison for Typical Land Uses Land Use Type ITE 1 LUC Trip Rate Per Unit 2015 TIF Rate ($/unit) 2020 TIF Rate ($/unit) Single -Family Home 210 0.99 DU 2,552 4,894 Low -Rise Multifamily 220 0.56 DU 1,582 2,768 Senior Attached Housing 252 0.26 DU 638 1,285 General Office 710 1.15 1,000 ftz 3,803 5,684 Shopping Center 820 2.51* 1,000 ftz 6,406 12,110 Light Industrial 110 0.63 1,000 ft2 2,476 3,114 'Land Use Code and trip rates per Institute of Transportation Engineers Trip Generation Manual101" Edition *Includes 34% reduction for pass -by trips, per Institute of Transportation Engineers Trip Generation Handbook 3. Additional Issues for Consideration Anticipated Annual Revenues from Impact Fees The anticipated annual revenue from the proposed transportation impact fee, based on the travel demand growth forecast of 7,352 new trips by 2040, is shown below: 350 trips $4,943 * _ $1,730,050 / year year PM trip The transportation impact fee is anticipated to generate an average of $1,730,050 per year. This represents a 20-year average and may be more or less in any given year. Anticipated Grant Revenue Transportation improvement projects are generally eligible for state and federal grant funds. These funds are not predictable and vary in amount by grantor. The financing plan in the Transportation Element identifies a 50 percent grant and intergovernmental funding goal for roadway projects. This assumption is applied in the impact fee rate calculation. Transportation Solutions, Inc. 6 December 2020 Page 186 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Anticipated Need for Other Public Funds The anticipated impact fee revenue does not fully fund the non -grant share of TIF project costs. The anticipated need for other public funds is summarized below: Total TIF Project Cost $145,863,474 Anticipated Grant & Intergovernmental Revenue $78,597,474 Growth/Development Share of Project Cost $36,343,224 Remaining Unfunded Commitment (2019-2040) $30,922,776 The City will need to identify other revenue sources to fund the remaining unfunded revenue commitment of $30,922,776 associated with the TIF projects. This represents an annual funding commitment of $1,546,139. 4. Transportation Impact Fee Rate Comparison The City of Bellingham Public Works Department has compiled a list of transportation impact fee rates for 79 public agencies in western Washington. The full comparison chart is included in Appendix B. Provided below are current transportation impact fee rates for several agencies which are located near Port Orchard. The updated impact fee rate of $4,943 per PM trip would be just above the western Washington average rate, but far from the highest in western Washington. Western WA Maximum Transportation Impact Fee: City of Poulsbo Transportation Impact Fee: City of Gig Harbor Transportation Impact Fee: Proposed Port Orchard Transportation Impact Fee: Western WA Average Transportation Impact Fee: City of Bainbridge Island Transportation Impact Fee: Kitsap County Transportation Impact Fee: Western WA Minimum Transportation Impact Fee: 5. Credits and Adjustments Impact Fee Credits $14,064 (City of Sammamish) $5,397 $5,020 $4,943 $4,363 $1,687 $700 $589 (City of Oak Harbor) An applicant may request a credit for impact fees in the amount of the total value of system improvements, including dedications of land, improvements, and/or construction provided by the applicant. Credits should be considered on a case -by -case basis and shall not exceed the impact fee payable. Claims for credit should be made before the payment of the impact fee. Credits for the construction should be provided only if the land, improvements, and/or the facility constructed are listed as planned transportation projects in the Rate Analysis and Impact Fee Ordinance. Credits are not generally given for code -based frontage improvements or right -or -way dedications, or direct access improvements to and/or within the subject development (project improvements) unless the improvement is part of a project listed in the Rate Analysis and Impact Fee Ordinance. Transportation Solutions, Inc. 7 December 2020 Page 187 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Independent Fee Calculation An applicant may submit an independent fee calculation for a proposed development activity. The documentation submitted should be prepared by a traffic engineer licensed in Washington State and should be limited to adjustments in the trip generation rates used in the fee calculation. Construction Cost Index Adjustment Transportation impact fees should be adjusted yearly to account for inflation. Annual adjustments will be based on the All -Urban Consumers Index (CPI-U) for the Seattle -Tacoma -Bellevue area for the previous 12-month period from December to December as specified by the Bureau of Labor Statistics, United States Department of Labor. The CPI adjustment would take effect on March 1. 6. Conclusions The recommended transportation impact fee rate is $4,943 per new PM peak hour trip. Transportation Solutions, Inc. 8 December 2020 Page 188 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Transportation Solutions, Inc. Appendix A. Transportation Impact Fee Project List December 2020 Page 189 of 440 Back to Agenda City of Port Orchard Transportation Impact Fee Project List - 2020 Update TT VrTi di DA Glenwood Connector Roadway 2,000,000 2,000,000 100% 2,000,000 1.1 Tremont St Widening CN Phase 23,600,000 7,570,000 24% 1,851,656 1.3 Bethel/Sedgwick Corridor Ph. 1 Design 1,211,000 1,211,000 24% 293,489 1.4 Old Clifton Rd/Anderson Hill Rd Roundabout 2,420,000 968,000 81% 786,112 1.5A Old Clifton Rd Design - 60% 562,000 562,000 100% 562,000 1.5C Old Clifton Rd/Campus Pkwy Roundabout 1,600,000 1,600,000 100% 1,600,000 1.7 Vallair Ct Connector 2,498,000 1,249,000 8% 96,697 2.01 Sidney Ave (N) Widening 13,113,000 6,557,000 48% 3,144,444 2.02 Sedgwick Rd West Design/ROW 1,444,000 722,000 100% 722,000 2.03 Sedgwick Rd West Constr. 4,331,000 2,166,000 100% 2,165,500 2.04A Bethel/Sedgwick Corridor Ph. 1 ROW/Constr. 14,360,000 7,180,000 24% 1,740,094 2.0413 Bethel/Sedgwick Corridor Ph. 2 17,498,000 5,249,000 28% 1,464,306 2.04C Bethel/Sedgwick Corridor Ph. 3 6,111,000 1,833,000 5% 97,776 2.04D Bethel/Sedgwick Corridor Ph. 4 9,179,000 4,590,000 45% 2,067,975 2.04E Bethel/Sedgwick Corridor Ph. 5 11,059,000 5,530,000 100% 5,529,500 2.05 Sidney Rd (S) Widening 7,820,000 3,910,000 66% 2,593,367 2.06 Pottery Ave (N) Widening 1,998,000 999,000 28% 277,500 2.07 Old Clifton Rd Shoulder & Ped. Impr. 3,372,000 1,686,000 100% 1,686,000 2.08 Old Clifton Rd/McCormick Woods Dr Roundabout 1,600,000 1,600,000 100% 1,600,000 2.09 Melcher St Widening 749,000 375,000 7% 25,279 2.1 Fireweed Rd Widening 468,000 234,000 5% 11,700 2.12 Sherman Ave Widening 656,000 328,000 5% 16,400 2.13 Tremont St Widening Ph. 2 - PO Blvd 10,684,000 5,342,000 100% 5,342,000 2.14 Pottery Ave (S) Widening 5,245,000 2,623,000 16% 415,119 2.16 Blueberry Rd Widening 749,000 375,000 22% 80,518 2.17 Geiger Rd Widening 468,000 234,000 5% 11,700 2.18 Salmonberry Rd Widening 281,000 141,000 21% 28,803 2.19 Piperberry Way Extension 468,000 234,000 11 % 25,665 2.21 Old Clifton Rd/Feigley Rd Roundabout 243,000 122,000 26% 31,150 DA Feigley Rd Improvements 76,474 76,000 100% 76,474 Total Total Project Cost Local Share (Development + City) (%) Growth/Development Share ($) 2019-2040 PM Peak Hour Trip Growth (vph) 2020 Transportation Impact Fee Rate ($/trip) Remaining Unfunded Commitment ($) Annual Funding Commitment ($/yr) 145,863,474 $145,863,474 46% $36,343,224 7,352 $4,943 $30,922,776 $1,546,139 67,266,000 54% 36,343,224 Page 190 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Transportation Solutions, Inc. Appendix B. Transportation Impact Fee Rate Schedule December 2020 Page 191 of 440 Back to Agenda City of Port Orchard Traffic Impact Fee Rate Schedule — Residential (2020 Update) Code' ITE Land Use Category ITE Trip Rate Rate per it, Impact Fee per Unit 210 Single -Family Detached Housing 0.99 DU $4,894 $2,768 220 221 230 Low -Rise Multifamily Housing (1-2 floors) Mid -Rise Multifamily Housing (3-10 floors) Mid -Rise Residential w/ 1st Floor Commercial 0.56 DU 0.44 DU $2,175 0.36 DU $1,779 240 Mobile Home Park 0.46 DU $2,274 251 252 Senior Housing Detached 0.30 DU $1,483 Senior Housing Attached 0.26 DU $1,285 253 254 Congregate Care Facility 0.18 0.26 DU bed $890 $1,285 Assisted Living 260 270 Recreational Home Residential PUD 0.28 DU DU $1,384 0.69 $3,411 - - Accessory Dwelling Unit (<— 450 sf) Accessory Dwelling Unit (> 450 sf) 0.56 DU t DU $2,768 $1,384 0.28 1 Institute of Transportation Engineers, Trip Generation Manual (10th Edition) 2 Trip generation rate per development unit for PM peak hour of the adjacent street traffic (4-6 PM) 3 DU = Dwelling Unit ORCHARD_ Transportation ion Solutions •� p INNOVATIVE I PRACTICAL I EQUITABLE Page 192 of 440 Back to Agenda Citv of Port Orchard Traffic Impact Fee Rate Schedule - Non -Residential LUC 1-799 (2020 Update) ITE PORT AND i ITE Land Use Category TERMINAL Base TripE%Priipma:ry Rate2 Net Trip Rate Rate per Unit 3 Impact Fee per Unit 30 Intermodal Truck Terminal Park and Ride with Bus Service 1.87 1.870 1 $9 243 2125 90 INDUSTRIAL110 1 0.43 * 0.430 s ace General Light Industrial Industrial Park Manufacturing Warehousing Mini Warehouse Utilities ISoecialitv Trade Contractor 0.63 0.630 KSF $3114 130 0.40 0.400 KSF $1 977 140 0.67 0.670 KSF $3 312 150 0.19 * 0.190 KSF $939 151 0.17 0.170 KSF $840 170 180 LODGING 2.27 1.97 2.270 KSF KSF $11,221 9 738 1.970 310 Hotel 0.60 0.600 room $2,966 311 All Suites Hotel 0.36 * 0.360 room $1 779 312 Business Hotel 0.32 0.320 room $1 582 320 RECREATIONAL Motel 0.38 * 0.380 1 room 1878 411 1 Public Park 0.11 0.110 acre $544 416 Cam round/RV Park 0.27 * 0.270 site $1 335 430 Golf Course 0.28 * 0.280 acre $1 384 432 Golf DrivingRange 1.25 * 1.250 tee $6179 433 Baffin Cages 2.22 * 2.220 cage $10 973 434 Rock ClimbingGym 1.64 1.640 KSF $8107 435 Multi -Purpose Recreational Facility 3.58 3.580 1 KSF $17 696 437 Bowlinq Allev 1.16 * 1.160 KSF $5 734 444 Movie Theater 14.60 * 14.600 screen $72168 445 Multiplex Movie Theater 13.73 * 13.730 screen $67 867 488 Soccer Complex 16.43 * 16.430 field $81 213 490 Tennis Courts 4.21 4.210 court $20 810 491 Racquet/Tennis Club 3.82 1 1 3.820 court $18 882 492 1 Health Fitness Club 3.45 * 3.450 1 KSF $17 053 493 lAthletic Club 6.29 6.290 1 KSF $31 091 495 INSTITUTIONAL 1 Recreational Community Center 2.31 2.310 1 KSF 11 418 520 1. Public Elementary School 1.37 1.370 1 KSF 1 $6 772 522 Public Middle/Junior High School 1.19 * 1.190 KSFE$4,795 882 530 Public High School 0.97 0.970 KSF 537 Charter Elementa School 0.14 * 0.140 student692538 School District Office 2.04 * 2.040 KSF 084540 Junior/Communi Colle a 1.86 * 1.860 KSF194 560 Church 0.49 0.490 KSF $2 422 565 Day Care Center 11.12 44% 4.893 KSF $24185 566 Cemetery 0.46 * 0.460 acre $2 274 571 Prison 0.05 * 0.050 bed $247 575 Fire & Rescue Station 0.48 * 0.480 KSF $2 373 590 MEDICAL Library 8.16 * 8.160 KSF 40 335 610 Hospital 1 0.97 1 1 0.970 1 KSF 1 $4 795 620 Nursing Home 0.59 * 0.590 KSF $2 916 630 Clinic 3.28 * 3.280 KSF $16 213 640 Animal Hospital/ Veterinary Clinic 1 3.53 1 1 3.530 1 KSF 1 $17 449 650 OFFICE Freestandino Emeraency Room 11.52 1.520 1 KSF 7 513 710 General Office 1.15 * 1.150 KSF $5,684 712 Single -Tenant Office <5 000 s 2.45 * 2.450 KSF $12110 715 Single Tenant Office >5 000 s 1.71 * 1.710 KSF $8 453 720 Medical/DentalOffice 3.46 * 3.460 KSF $17103 730 Government Office Building1.71 * 1.710 KSF $8 453 732 US Post Office 11.21 11.210 KSF $55 411 733 Govemment Office Complex 2.82 2.820 KSF $13 939 750 lOffice Park 1 Research and Development Center 1 Business Park 1.07 * 1.070 KSF $5 289 760 0.49 * 0.490 0.420 KSF KSF $2 422 $2 076 770 0.42 * ' Institute of Transportation Engineers, Trip Generation Manual (10th Edition) 2 Trip generation rate per development unit, for PM Peak Hour of the adjacent street traffic (4-6 pm). 3 DU = Dwelling Unit; KSF = 1,000 square feet; VSP = Vehicle servicing position * Pass -by and diverted trip rate data not available. Primary trip rates may be applied based on local data, development context, and engineering judgment Page 193 of 440 Back to Agenda Citv of Port Orchard Traffic Impact Fee Rate Schedule - Non -Residential LUC 800-999 (2020 Update) ITE Code' ITE Land Use Category Base Trip Rate % Primary Trips3 Net Trip Rate Rate per Unit° Impact Fee per Unit RETAIL 810 811 Tractor Supply Store Construction Equipment Rental Store Building Materials and Lumber Store 1.40 0.99 66% 0.924 0.733 1.524 3.074 KSF $4 567 $3,621 $7,535 74% KSF 812 2.06 4.33 74% 71 % KSF 813 Free -Standing Discount Superstore w/ Grocery) KSF $15196 814 Variety Store 6.84 66% 4.514 KSF $22 315 815 1 Free Standing Discount Store w/o Grocery) 4.83 83% 4.009 KSF $19 816 816 Hardware/Paint Store 2.68 74% 1.983 KSF $9 803 817 Nurse Garden Center 6.94 74% 5.136 KSF $25 385 818 Nurse Wholesale 5.18 74% 3.833 KSF $18 948 820 Shopping Center 3.81 66% 2.515 KSF $12 430 823 Factory Outlet Center 2.29 66% 1.511 KSF $7 471 840 Automobile Sales New 2.43 100% 2.430 KSF $12 011 841 Automobile Sales Used 3.75 100% 1 3.750 KSF $18 536 842 Recreational Vehicle Sales 0.77 100% 1 0.770 KSF $3 806 843 Automobile Parts Sales 4.91 44% 2.160 KSF $10 679 848 Tire Store 3.98 72% 2.866 KSF $14165 849 Tire Superstore 2.11 72% 1.519 KSF $7 509 850 Supermarket 9.24 64% 5.914 KSF $29 231 851 Convenience Market 49.11 49% 24.064 KSF $118 948 853 Convenience Market w/Gas Pumps 49.23 17% 8.369 VFP $41 368 854 Discount Supermarket 8.38 1 51% 4.274 KSF $21125 857 Discount Club 4.18 63% 2.633 KSF $13 017 861 Sporting Goods Superstore 2.02 66% 1.333 KSF $6 590 862 Home Improvement Superstore 2.33 58% 1.351 KSF $6 680 863 Electronics Superstore 4.26 60% 2.556 KSF $12 634 866 Pet Supply Superstore 3.55 66% 2.343 KSF $11 581 867 Office Supply Superstore 2.77 66% 1.828 KSF $9 037 875 Department Store 1.95 1 66% 1.287 KSF $6 362 876 Apparel Store 4.12 66% 2.719 KSF $13 441 879 Arts and Crafts Store 6.21 66% 4.099 KSF $20 259 880 Pharmacy/Drug Store w/o Drive-Thru 8.51 47% 4.000 KSF $19 771 881 Pharmacy/Drug Store w/ Drive-Thru 10.29 38% 3.910 KSF $19 328 882 Mari'uana Dispensary 21.83 10000 1 21.830 KSF $107 906 890 Furniture Store 0.52 47% 1 0.244 KSF $1,208 899 SERVICES Li uor Store 16.37 64% 1 10.477 KSF 51 787 911 Walk-in Bank 12.13 65% 7.885 KSFJ$65,705 912 Drive-in Bank 20.45 65% 13.293 KSF918 Hair Salon 1.45 65% 0.943 KSF920 Co Print and Ex ress Shi Store 7.42 66% 4.897 KSF925 Drinkin Place 11.36 100% 11.360 KSF930 Fast Casual Restaurant 14.13 57% 8.054 KSF 931 lQuality Restaurant 7.80 56% 4.368 KSF $21591 932 High Turnover Sit -Down Restaurant 9.77 57% 5.569 KSF $27,527 933 Fast Food w/o Drive-Thru 28.34 57% 16.154 KSF $79 848 934 Fast Food w/ Drive-Thru 32.67 50% 16.335 KSF $80 744 935 Fast Food Restaurant w/ Drive-Thru w/o Indoor Seating 42.65 50% 21.325 KSF $105 409 936 Coffee/Donut Shop w/o Drive-Thru 36.31 57% 20.697 KSF $102 304 937 Coffee/Donut Shop wl Drive-Thru 43.38 50% 21.690 KSF $107 214 938 Coffee/Donut Shop wl Drive-Thru w/o Indoor Seating (Espresso Stand 83.33 11 % 9.166 KSF $45 309 939 Bread/Donut/Bagel Shop w/o Drive-Thru 28.00 57% 15.960 KSF $78 890 940 Bread/Donut/Bagel Shop w/ Drive-Thru 19.02 50% 9.510 KSF $47 008 941 Quick Lubrication Vehicle Stop 4.85 72% 3.492 VSP $17 261 942 Automobile Care Center 3.11 72% 2.239 KSF $11 068 943 Automobile Parts and Service Center 2.26 72% 1.627 KSF $8 043 944 Gasoline/Service Station 14.03 58% 8.137 VFP $40 223 945 Gas Station w/Convenience Market 13.99 12% 1 1.679 VFP $8 298 947 Self -Serve Car Wash 5.54 58% 3.213 stall $15 883 948 Automated Car Wash 77.50 58% 44.950 stall $222188 950 960 Truck Stop Super Convenience Marked Gas Station lWinery 22.73 22.96 58% 35% 13.183 KSF VFP 1 KSF $65,166 $39 722 8.036 7.310 970 1 7.31 100% $36133 ' Institute of Transportation Engineers, Trip Generation Manual (10th Edition) 2 Trip generation rate per development unit, for PM Peak Hour of the adjacent street traffic (4-6 pm). 3 Average primary trip rates, per Trip Generation Handbook (3rd Edition), 2017. Additional primary rates based on similar land use and engineering judgment. Pass -by rates should be used with caution and refined using local data whenever possible. ° DU = Dwelling Unit; KSF =1,000 square feet; VSP = Vehicle servicing position 3 Page 194 of 440 City of Port Orchard Back to Agenda 2020 Transportation Impact Fee Rate Update Appendix C. Comparison of 2019-2020 TIF Rates in Western Washington Transportation Solutions, Inc. December 2020 Page 195 of 440 Back to Agenda Comparison of 2019-2020 TIF Base Rates in 74 Cities and 5 Counties in Western Washington With Bellingham and Whatcom County Cities Highlighted for Emphasis [Based on information available. Average includes both Cities and Counties. See TIF rate table on next page for additional details.] Data compiled Nov. 2019 by Chris Comeau, AICP-CTP, Transportation Planner, Bellingham Public Works ccomeau@cob.or¢ or (360) 778-7946 *Western WA State Average TIF Sammamish North Bend Kenmore Issaquah Duvall Lynnwood 1 $7,944 Renton $7,820 La Center $7,561 Bothell $7,406 Shoreline $7,397 Redmond $7,357 Shoreline $7,224 Carnation $7,141 Newcastle $6,475 Fife $6,413 Marysville $6,300 Edmonds $6,249 Buckley $6,074 Camas $5,974 Des Moines 1 $5,573 Poulsbo 1 $5,397 Bellevue $5,293 Mount Vernon 1 $5,100 Gig Harbor $5,020 Port Orchard (Proposed) $4,943 Auburn $4,895 Kent $4,518 Puyallup $4,500 Pierce County $4,479 Covington $4,461 Edgewood $4,413 W WA Average TIF* $4,363 Sultan $4,350 Mercer Island $4,287 Woodinville $4,211 Milton $4,190 Federal Way $3,999 Bonney Lake $3,995 Maple Valley $3,986 Mount Lake Terrace $3,985 Mill Creek $3,900 Kirkland $3,815 Shelton $3,736 Turn -ter $3,705 Ridgefield $3,683 Monroe $3,524 Stanwood $3,523 SeaTac $3,508 Washougal $3,398 Arlington $3,355 Clark CountyM$i3,024 $3,333 Lake Stevens$3,257 Enumclaw$3,239 Olympia$3,213 University Place$3,199 Ferndale3,163 Battleground Thurston County $2,959 Sedro-Woolley(Proposed) $2,809 �$$2,665 Anacortes 2,731 Burlington Sumner 11111 $2,632 Port Orchard (Existing) - $2,552 Granite Falls 1 $2,500 Sequim - $2,491 Snohomish County 1 $2,453 Everett $2,400 Vancouver $2,153 Orting $2,149 Lynden $2,111 Bellingham $2,025 Lacey $2,013 Mukilteo $1,875 Bainbridge Island $1,687 Snohomish $1,603 Blaine $1,558 Yelm $1,497 TukwilaT$7'(9110� $1,241 Bunen48 Kitsap CountyOak Harbor $14,064 $11,630 $9,600 $8,882 $8,756 $0 $2,000 $4,000 $6,000 $8,000 $10,000 $12,000 $14,000 $16,000 Cost Per P.M. Peak Hour (4:00 - 6:0Opm) Vehicle or Person Trip Page 196 of 440 Back to Agenda 41. ORCHARD Appendix E: Impact Fee Calculations E.1 Introduction This study of impact fees for parks and recreational facilities for the City of Port Orchard presents the methodology, summarizes the data, and explains the calculation of the fees. The methodology is designed to comply with the requirements of Washington law. This introduction describes the basis for parks and recreational impact fees, including: • Definition and Rationale of Impact Fees • Statutory Basis For Impact Fees • Methodology for Calculating Impact Fees • Need for Additional Parks and Recreational Facilities • Determining the Benefit of Parks and Recreational Facilities to Development • Methodology and Relationship to Port Orchard City Parks Plan • Level of Service and Calculations E 1.1 Definition and Rationale of Impact Fees Impact fees are charges paid by new development to reimburse local governments for the capital cost of public facilities that are needed to serve new development and the people who occupy the new development. New development is synonymous with "growth." Local governments charge impact fees on either of two bases. First, as a matter of policy and legislative discretion, they may want new development to pay the full cost of its share of new public facilities because that portion of the facilities would not be needed except to serve the new development. In this case, the new development is required to pay for virtually all the cost of its share of new public facilities. Port Orchard City Parks Plan 2011 Page 197 of 440 Back to Agenda On the other hand, local governments may use other sources of revenue to pay for the new public facilities that are required to serve new development. If, RCW 82.02.050 (2) prohibits impact fees that charge 100% of the cost, but does not specify how much less than 100%, leaving that determination to local governments. However, such revenues are not sufficient to cover the entire costs of new facilities necessitated by new development; the new development may be required to pay an impact fee in an amount equal to the difference between the total cost and the other sources of revenue. There are many kinds of "public facilities" that are needed by new development, including parks and recreational facilities, fire protection facilities, schools, roads, water and sewer plants, libraries, and other government facilities. This study covers parks and recreational facilities for the City of Port Orchard, Washington. Impact fees for parks and recreational facilities are charged to all residential development within the City of Port Orchard. E1.2 Statutory Basis for Impact Fees RCW 82.02.050 - 82.02.090 authorizes local governments in Washington to charge impact fees. The impact fees that are described in this study are not mitigation payments authorized by the State Environmental Policy Act (SEPA). There are several important differences between impact fees and SEPA mitigations. Two aspects of impact fees that are particularly noteworthy are: 1) the ability to charge for the cost of public facilities that are "system improvements" (i.e., that provide service to the community at large) as opposed to "project improvements" (which are "on -site" and provide service for a particular development), and 2) the ability to charge small-scale development their proportionate share, whereas SEPA exempts small developments. Four types of public facilities can be the subject of impact fees: 1) public streets and roads; 2) publicly owned parks, open space and recreational facilities; 3) school facilities; and 4) fire protection facilities (in jurisdictions that are not part of a fire district). RCW82.02.050 (2) and (4) and RCW82.02.090 (7) Impact fees must be limited to system improvements that are reasonably related to, and which will benefit new development. RCW 82.02.050(3) (a) and (c). Local governments must establish reasonable service areas (one area, or more than one, as determined to be reasonable by the local government), and local governments must develop impact fee rate categories for various land uses. RCW 82.02.060(6) Impact fees cannot exceed the development's proportionate share of system improvements that are reasonably related to the new development. The impact fee amount shall be based on a formula (or other method of calculating the fee) that determines the proportionate share. RCW82.02.050(3)(b) and RCW82.02.060(I ) Impact fees can be charged for new public facilities (RCW 82.02.060(I)(a)) and for the unused capacity of existing public facilities (RCW 82.02.060(7)) subject to the M_ I Port Orchard City Parks Plan 2011 Page 198 of 440 Back to Agenda proportionate share limitation described above. Additionally, the local government must separate the impact fees from other monies, expend the money on CFP projects within 6 years, and prepare annual reports of collections and expenditures. RCW82.02.070(1)-(3) E 2 Methodology for Calculating Impact Fees Prior to calculating impact fee rates, several issues must be addressed in order to determine the need for, and validity of such fees: responsibility for public facilities, the need for additional park and recreational facilities, the need for revenue for additional parks and recreational facilities, and the benefit of new parks and recreational facilities to new development. In general, local governments that are authorized to charge impact fees are responsible for specific public facilities for which they may charge such fees. The City of Port Orchard is legally and financially responsible for the parks and recreational facilities it owns and operates within its jurisdiction. In no case may a local government charge impact fees for private facilities, but it may charge impact fees for some public facilities that it does not administer if such facilities are "owned or operated by government entities" (RCW 82.82.090(7). E 2.1 Need for Additional Park and Recreational Facilities The need for additional parks and recreational facilities is determined by using standards for levels of service for park and recreational facilities to calculate the quantity of facilities that are required. For the purpose of quantifying the need for parks and recreational facilities, this study uses the City's value of investment in parks and recreational facilities per capita. As greater growth occurs, more investment is required, therefore more parks and recreational facilities are needed to maintain standards. E 2.2 Determining the Benefit to Development The Washington State law regarding Impact Fees imposes three provisions of the benefit provided to development by impact fees: 1) proportionate share, 2) reasonably related to need, and 3) reasonably related to expenditure (RCW 80.20.050(3)). First, the "proportionate share" requirement means that impact fees can be charged only for the portion of the cost of public facilities that is "reasonably related" to new development. Second, fulfilling the requirement that impact fees be "reasonably related" to the development's need for public facilities, including personal use and use by others in the family (direct benefit), use by persons or organizations who provide goods or services to the fee -paying property (indirect benefit), and geographical proximity (presumed benefit). Impact fees for park and recreational facilities, however, are only charged to IPort Orchard City Parks Plan 2011 Page 199 of 440 Back to Agenda residential development in the City because the majority of benefits are to the occupants and owners of dwelling units. As a matter of policy, the City of Port Orchard elects not to charge parks and recreational impact fees to non-residential properties because there is insufficient data to document the proportionate share of parks reasonably needed by non-residential development. Lastly, the requirement that expenditures be "reasonably related" to the development that paid the impact fee includes that fee revenue must be earmarked for specific uses related to public facilities ensures that expenditures are on identifiable projects, the benefit of which can be demonstrated and that impact fee revenue must be expended within 6 years, thus requiring a timeliness to the benefit to the fee -payer. E 2.3 Methodology and Relationship to the Port Orchard City Parks Plan Impact fees for parks and recreational facilities in the City of Port Orchard are based on the value per capita of the City's existing investment in parks and recreational facilities for the population of the City. New development will be provided the same investment per capita, to be funded by a combination of general and capital improvement fund revenue and impact fees. The amount of the impact fee is determined by charging each new development for the average number of persons per dwelling unit multiplied times the amount of the investment per capita that is to be paid by growth. E3. Level of Service Standard Calculations The level of service, as defines as the capital investment per person, is calculated by multiplying the capacity of parks and recreational facilities times the average costs of those items. Within this calculation, there are two variables that benefit from further definition explanation: The value of parks and recreational inventory, and the Service population. E 3.1 Value of Parks and Recreational Inventory The value of the existing inventory of parks and recreational facilities is calculated by determining the value of each park as well as each recreational facility. The sum of all of the values equal the current value of the City's parks and recreational system E 3.2 Service Population The service population is the number of persons served by the inventory of parks and recreational facilities. Port Orchard's service population consists of the City's current 2011 population of 1 1,144 as provided by the Washington State of Financial Management. The forecast population for 2030 of is the projected population Port Orchard City Parks Plan 2011 Page 200 of 440 Back to Agenda estimated for Comprehensive Planning efforts and adopted by all Kitsap County jurisdictions, through the County Wide Planning Policies. This figure is provided to estimate future population growth within the existing City boundaries and is utilized in calculating the annual portion of that growth rate for the Impact Fee calculations. E 3.3 Calculation of Park and Recreational Capital Investment per Person The City of Port Orchard's capital value per person is the standard the City uses to ensure that each resident receives an equitable amount of parks and recreational facilities. The City provides this value by investment in parks and recreational facilities that are most appropriate for each site and which respond to changing needs and priorities as the City grows and the demographics and needs of the population changes. Attachment E I (at the end of this Appendix) lists the types of land and recreational facilities that make up the City of Port Orchard's existing park system. Each component is listed in the first column, along with the capital value of each type of park land or recreational facility in the final column. The capital value for all City owned parks & recreational facilities in the inventory comes to a total of $7,228,929. This total value is divided by the service population of 1 1,144 for the City determines the current capital value per person of $649. (Please reference Attachment E2: Figure E I) E 4 PARKS AND RECREATIONAL FACILITY NEEDS This section calculates the value of parks and recreational facilities that are needed to serve growth, reduced by the typical proportion of project values that are grant or otherwise funded. Impact fees are related to the needs of growth through calculating the total value of parks and recreational facilities that are needed for growth. The calculation is accomplished by multiplying the capital investment per person times the number of new persons that are forecast for the City's growth. (Please reference Attachment E2: Figure E2) E 4.1 Calculation of Total Value Needed For Growth The calculations for the total value of Parks and Recreation Facilities needed to accommodate the forecasted growth is a tabulation of the level of service standard for capital investment per person from Figure E I times the total amount of population growth forecast for the six year Impact Fee planning period. The resulting calculation shows the total value of parks and recreational facilities that are needed to serve the growth that is forecast for Port Orchard (Please reference Attachment E2: Figure E2). The result of Figure E2 illustrates that Port Orchard needs parks and recreational facilities valued at $1,928,434 in order to serve the growth of 2,973 additional people (forecast at an annual growth rate of 495 per year) who are expected to be added to the City's population during the six year Impact Fee planning period. I Port Orchard City Parks Plan 2011 Page 201 of 440 Back to Agenda E 4.2 Total Investment to be Paid by Growth The investment to be paid by growth is calculated by subtracting the amount of any revenues the City invests in infrastructure for growth from the total investment in parks and recreational facilities needed to serve growth. The previous calculation showed the total amount that is needed to invest in additional parks and recreation facilities in order to serve future growth. The proportionate share of that investment to be paid by growth is dependent upon the historic share of improvements provided by the City of Port Orchard through grants or other revenue streams. The proportionate share for development to pay for new facilities includes the City of Port Orchard historical use of local sources, such as real estate excise tax, grant funding, and other revenues to pay for part of the cost of parks and recreational facility capital costs. Revenues that are used for repair, maintenance or operating costs are not used to reduce impact fees because they are not used, earmarked or prorated for the system improvements that are the basis of the impact fees. The City's investment has averaged 50% of the cost of capital improvement projects for parks and recreational facilities (Please reference Attachment E2: Figure E3). The result of Figure E3 illustrates that Port Orchard expects to use $964,217 in grants and other revenues to serve the total needs of additional parks and recreational facilities to maintain the City's standards for future growth, with the remaining $964,217 to be paid by growth as a proportionate share. E5 IMPACT FEE PER UNIT OF DEVELOPMENT In this section the investment in additional parks and recreational facilities to be paid by growth is used to calculate the park and recreational facilities growth cost per person which is then used to calculate the impact fee per dwelling unit. E 5.1 Growth Cost Per Person The growth cost per person is calculated by dividing the investment in parks and recreational facilities that is to be paid by growth by the amount of population growth during the six year Impact Fee planning period (Please reference Attachment E2: Figure E4). The result of Figure E4 illustrates the calculation of the cost per person of parks and recreational facilities that needs to be paid by growth is $324 per person. The amount to be paid by each new dwelling unit depends on the number of persons per dwelling unit. E 5.2 Impact Fee per Dwelling Unit The impact fee per dwelling unit is calculated by multiplying the growth cost per person by the number of persons per dwelling unit. The number of persons per dwelling unit is the factor used to convert the growth cost of parks and recreational facilities per Port Orchard City Parks Plan 2011 Page 202 of 440 Back to Agenda person into impact fees per dwelling unit. The number of persons per dwelling unit data is based on the adopted 2008 Port Orchard Comprehensive Plan, Chapter 3. Housing; which sets an population household size of 2.5 persons per single family unit and a calculation of 1.8 persons per Multi -family housing unit within the City of Port Orchard (Please reference Attachment E2: Figure E5 and E6 respectively). The resulting calculations of Figure E5 shows the calculation of the parks and recreational facilities impact fee of $81 1 per single family dwelling unit. The resulting calculations of Figure E6 show the calculation of the parks and recreational facilities impact fee of $584 per multi -family dwelling unit. Impact Fee amounts, upon adoption by City Council, are to be implemented and collected subject to the provisions of Port Orchard Municipal Code Section 16.70. E6. Summary This study of impact fees for parks and recreational facilities for the City of Port Orchard summarizes the methodology, presents the data, and explains the calculation of the fees that result in the recommended amounts. Similar sized Cities within Kitsap County have chosen to utilize much higher impact fee amounts, for example the City of Poulsbo recently raised their Park Impact Fee from $500 to $1,195 per unit. The proposed Park Impact Fees for the City of Port Orchard of $81 1 per single family dwelling unit and $584 per multi -family dwelling unit, although consistent with the City of Port Orchard level of service, still are well below the Washington State average of $ 2,849 per single family dwelling unit and $2,147 per multi -family dwelling unit respectively. (Sourced from the National Impact Fee Survey 2009, prepared by Clancy Mullen, Duncan Associates, Austin, TX on December 20, 2009) The methodology utilized for arriving at the City of Port Orchard impact fee amounts has been a statewide standard incorporated for numerous Washington State cities and is designed to comply with the requirements of Washington law. Port Orchard City Parks Plan 2011 Page 203 of 440 Back to Agenda INTENTIONAL BLANK PAGE CITY OF PORT ORCHARD COMPREHENSIVE PARKS PLAN Page 204 of 440 Back to Agenda r-%NPciiuix X� Ordinance No. 023-15 South Kitsap School District 2015 Ca ital Facilities Plan VII. DISTRICT FINANCE PLAN The principal funding mechanism for school facility construction and modernization has traditionally been voter approved bonds. More recently, school districts have been turning to capital levies to support modernizations and elementary school new construction projects. Other funding sources can include state funding assistance and development impact (mitigation) fees. General Obligation Bonds Bonds are typically used to fund construction of new schools and other major capital improvement projects. A 60% voter approval is required for passage. Bonds are then retired over time through the collection of property taxes. The South Kitsap School District had an assessed valuation of $6,123,112,269 as of August 31, 2014. The limit for all outstanding bonds for SKSD is 5% of assessed value or $306,155,613. The District had $5,645,481 of debt as of August 31, 2014, and therefore has a current bonding capacity of $300,510,132. State Funding Assistance The source of State Funding Assistance, formerly State Match Funds, is the Common School Construction Fund. Bonds are sold on behalf of the fund then retired with revenues accruing predominantly from the sale of renewable resources (i.e., timber) from state school lands set aside by the Enabling Act of 1889. If these sources are insufficient to meet the needs of the program, the Legislature can appropriate additional funding, or the State Board of Education can ration project funding on a priority basis. School districts may qualify for state funding assistance for specific capital projects based on an eligibility system. Eligible projects are prioritized using seven different criteria. Funds are then disbursed to districts on a percentage basis that is based on a formula that compares each district's assessed valuation per pupil relative to the entire state assessed valuation per pupil. This percentage is known as the Funding Assistance Percentage, formerly State Match Ratio. The base to which this percentage is applied is the cost of construction as determined by the "Construction Cost Allocation" multiplied by the "Eligible Area". The Construction Cost Allocation (CCA) is used by OSPI to help define or limit its level of financial support for school construction. It is a budget driven value that is not intended to fully reflect the actual cost of school construction in Washington State. The Eligible Area portrays either the square footage of new space required to address unhoused students for an enrollment project, or the building square footage approved for upgrade or replacement for a modernization project. State funding assistance is available to assist districts with construction costs for enrollment and modernization related school construction projects but cannot be used for site acquisition, the purchase of portables or for normal building maintenance. Because the availability of state assistance funds may not always keep pace with the enrollment growth or modernization needs of all of Washington's school districts, assistance funds from the state may not be received by a school district until two or three years after a school project has begun. In such cases, a district may be required to "front fund" meaning it must be prepared to finance the entire project with local funds. The 5tate's share of the project funding is then provided to the district later in the form of a reimbursement. In some cases projects may not receive any state assistance at all. State funding assistance is not guaranteed. Page 269 of 440 Back to Agenda Appenaix V Ordinance No. 023-15 South KitiaR School District 2015 Capital Facilities Plan New Development MitigationAmpaet Fees The authority for local jurisdictions to condition new development on the mitigation of school impacts is provided for under the State Subdivision Act, Chapter 58.17 RCW, the State Environmental Policy Act, Chapter 43.21C RCW, and the Growth Management Act, Chapter 36.70A RCW. These state statutes seek to ensure that adequate public facilities are available to meet the demands of new growth by authorizing permitting jurisdictions to condition development approval on the implementation of mitigation measures that enable local jurisdictions to meet the infrastructure demands of new development. • Subdivision Act Mitigation RCW 58.17.110 requires the permitting jurisdiction to find that proposed plats adequately provide for schools and school grounds. The proposed development must provide land sufficient to ensure that such facilities are provided for potential new students. • SEPA Mitigation. SEPA provides that local jurisdictions may condition the approval of a new development to the mitigation of specific adverse environmental impacts which are identified in SEPA environmental documents. See RCW 43.21C.050. Under SEPA, the "built environment" includes public schools. See WAC 197-11-444(2) (d) (iii). GMA Mitigation. Development impact fees have been adopted by Kitsap County and the City of Port Orchard as a means of supplementing traditional funding sources for the construction of public facilities needed to accommodate new development. The City of Bremerton does not impose an impact fee on new development. The District participates in the permit review processes of jurisdictions within its boundaries to ensure that its interests are considered when new developments are proposed that will generate additional students. Six -Year Finance Plans The Six -Year Capital Finance Plan (Table 12) portrays how South Kitsap School District intends to fund improvements to school facilities for the years 2015 through 2020. Page 2% of 440 Back to Agenda r%NNai ium �. Ordinance No. 023-15 South Kitsap School District 2015 Capital Facilities Plan Table 12 Capital Finance Plan (2015-2020) Sources: CFP Balance/Impact Funds (Aug 2014) $ 1,000,164 Impact Fee Collections 2015-2020 (est.) $ 1,438,680 Transfer from General Funds $ 0 State Matching Funds (est.) $ 0 Sale of General Obligation Bonds $ 0 Improvements to Existing Facilities $ 4,750,000 $7,188,844 Uses: CFP Balance/Impact Funds (Aug 2020 est.) $ 378,769 Improvements to Existing Facilities $ 4,750,000 Construction for Enrollment Growth $ 0 Site Acquisition $ 1,760,075 Construction of Support Facilities $ 0 Interim Classroom Space $ 300,000 Program Changes $ 0 $ 7,188,844 Balance: $ 0 Page 20 of 440 Back to Agenda Hppenaix L Ordinance No. 023-15 South KitM School District 2015 Capital Facilities Plan VIII. UNFUNDED NEED CALCULATION The calculation of the South Kitsap School District unfunded need in support of jurisdictional school impact fee collection is provided on the spreadsheets that follow. This calculation recognizes projected costs anticipated over the life of the six -year plan including acquisition costs for interim housing and debt service payments on a 56 acre school site that was purchased in 2005. The "Unfunded Need Total' on the last line of the SKSD Impact Fee Calculation document portrays the cost of addressing new home construction related enrollment growth identified within the six -year capital construction plan. This value is greater than the actual school impact fees specified and collected under respective Kitsap County and City of Port Orchard impact fee ordinances. Page A% of 440 Back to Agenda Ordinance No. 023-15 South Kitsap School District 2015 Capital Facilities Plan Description Grade Span Value Units Comments Student Genera#ion Faclor•SFH Elementary 0.32 StudentslResldence 2007 Kendrl k Demographic Study Student Generation Factor-SFH Jr. High 0.10 StudentslResidence 2007 Kendrick Demographic Study Student Generation Factor-SFH Sr. High 0.10 SludentsJResidenee 2007 Kendrick Demographic Study Student Generation Factor•MFH Elementary 0.18 %dentslResidenoe 2007 Kendrick Demographic Study Student Generation Factor-MFH Jr. High 0.09 %dertslResidence 2007 Kendrick Demographic Study Student Generation Factor- MFH Sr, High 0.09 %dertslResidence 2007 Kendrick Demographic Study Facility Acreage Elementary 142 Acres District Average Facility Acreage Jr, High 22.00 Acres District Average Facility Acreage Sr. High 42.00 Acres Planfor New High School Cast per Acre All $115,000 CosVAcre Market Estimate Facility Size - New Construction Elementary 550 StudentslSdool District Standard Facility Size - New Construction Jr, High 900 StudertslSchool Distr�t Standard Facility Size - New Construction Sr. High 1800 StudeaWftool Plan for New Nigh School Facility Size • Temporary Construction Elementary 24 StudeNiClassroom District LOS Facility Size • Temporary Construction Jr. High 26 StudeliClassroom District LOS Facility Size • Temporary Construction Sr. High 26 Studer /Classroom District LOS Permarert Sq. Footage lTotalj Elernnectary 507894 Square Feet State Study & Survey Permanent Sq. Footage lTotalj Jr. High 286193 Square Feet State Study & Survey Permanent Sq. Footage jotalj Sr. High 345474 Square Feet State Study & Survey Portable Sq, Footage (Total} Elementary 45900 Square Feet Portables inventory Portable Sq, Footage (Total} Jr, High 18900 Square Feet Portables Inventory Portable Sq, Footage (Total) Sr. High 10800 Square Feet Portables Inventory Facility Cost - New Construction Elementary CostlSchool Facility Cost - New Construction Jr. High CostlSChool Facility Cost - New Construction Sr. High CostlSchool Facility Cost - Temporary Construction Elementary $300,000 Cost/Portable Standard Dbl Portable including Site Costs Facility Cost - Temporary Construction Jr. High $300,000 CosttPortablle Standard Dbl Portable including Site Costs Facility Cost - Temporary Construction Sr. High $300,000 CostlPortable Standard Dbl Portable including Site Costs Boeckh IndexI Area Cost Allowance All $206.70 Costlsq, ft. OSPI - 2015 SPI Footage Elementary 90.0 Sq. FUStudent OSPI.2015 SPI Footage Jr. High 121.3 Sq. FUStudent OSPI.2015 SPI Footage Sr. High 130.0 Sq. FUStudent OSPI.2015 State Match Ratio All 59.98% Percent OSPI.2015 Average Assessed Value - SFH All $201,260 Cosifunil Kitsap County Assessor SFH 2O15 Average Assessed Value - MFH All $100,630 Costlunit Kksap Courty Assessor SFH 2O15 @ 50% Capital Band Interest Rate All 0,00% Percent Years Amortized Al 10 Years Property Tax Levy Rate • Capital Construction Al $0.00 Costl$1000 A.V, Page 2d4of 440 Back to Agenda Hppenalx L, Ordinance No. 023-15 South Kitsay School District 2015 Capital Facilities Plan School_ Site Acquisition Cost: CALCULATIONS ((Acres X Cost per Acre)/Facility Capacity) X Student Generation Factor Facility Cost per Facility SGF SGF Cost per Cost per Acreage Acre Capacity SFH MFH SFH MFH Elementary 14 $115,000.00 550 0.32 0A8 $936.73 $526.91 Jr. High 22 900 0.10 0.09 $0.00 $0.00 Sr. High 42 $115,000.00 1800 0.10 0,09 $268.33 $241.50 $1,205.06 $768.41 School Construction Cost: ((Facility Cost/Facility Capacity) X Student Generation Fat ctor) X PeimanentlTotat Sq. Ft.) % Perm/ Facility Facility SGF SGF Cost per Total Sq. Ft. Cost Size SFH MFH SFH Elementary 92% 550 0.32 0.18 $0.00 Jr. High 94% 900 0.10 0.09 $0.00 Sr. High 97% 1800 0.10 0.09 $0.00 Temporary Facility Cost: ((Facility CostlFacility Capacity) X Student Generation Factor) X (TemporarylSq. Ft) % Templ Facility Facility SGF SGF Cost per Total Sq. Ft. Cost Size SFH MFH SFH Elementary 8% $300,000.00 48 0.32 DAB $165.77 Jr. High 6% 52 0.10 0.09 $0.00 Sr. High 3% 52 0.10 0.09 $0.00 $165.77 State Match Credit Area Cost Allowance X SPl Sq. Ft X State Match X Student Generation Factor Cost per MFH $0.00 $0.00 $0.00 Cost per MFH $9124 $0.00 $0.00 $93.24 Boeckh SPI State SGF SGF Cost per Cost per Index Footage Match % SFH MFH SFH MFH Elementary $206,70 90.00 0.32 0.18 $0.00 $0.00 Jr. High $206.70 121.30 0.10 0.09 $0.00 $0.00 Sr. High $206.70 130.00 0A0 0.09 $0.00 $0.00 Tax Pavment Credit Average Assessed Value Capital Bond Interest Rate Net Present Value of Average Dwelling Years Amortized Property Tax Levy Rate Present Value of Revenue Stream NEED SUMMARY School Site Acquisition Cost Permanent Facility Cost Temporary Facility Cost State Match Credit Tax Payment Credit UNFUNDED NEED TOTAL SFH MFH 0.00% 0.00% 10 10 $0.00 $0.00 $0.00 $0.00 SINGLE FAMILY MULTI FAMILY $1,205.06 $768.41 $0.00 $0.00 $165.77 $93.24 $0.00 $0.00 $0.00 $0.00 $1,370.83 $861.65 Page 214 of 440 Back to Agenda ;0 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 7C Subject: Adoption of an Ordinance Amending Port Orchard Municipal Code Chapter 13.04 Concerning Sewer General Facility Fee Credits Meeting Date: February 9, 2021 Prepared by: Nicholas Bond, AICP DCD Director Atty Routing No. Atty Review Date Development -Matter 11 February 4, 2021 Summary: Since November 2017, the City Council has been discussing the current Port Orchard Municipal Code (POMC) regarding water and sewer credits for capital facility charges. Most recently, at the December 8, 2020 and January 19, 2021 Council meetings, the Council reviewed and discussed the POMC regarding sewer credit for general facility fees. The Council agreed that the current code language does not provide a meaningful incentive for developers to build sewer infrastructure. Council requested that City staff evaluate credit options to provide an incentive without jeopardizing the City's enterprise capital projects. Staff has worked with the City Attorney to draft an ordinance that will provide a credit for additional capacity beyond the need of a development that is provided to the City from the completion of an infrastructure project. This will be referred to as the General Facility Fee (GFF) Credit for excess capacity. The attached ordinance outlines the requirements for credit and provides a process for seeking a credit. Specific revisions include: 1. Terminology has been clarified in POMC 13.04.025 and 13.04.040. The terms capital facility charge, general facility fee, general facility charge, and sewer wastewater treatment fee were not used consistently throughout these code sections. This has been fixed and credits are only available towards the general facility fee. 2. The ordinance describes the timing for requesting a credit — to be made with a new application submittal or with a pending application. 3. The ordinance requires that there be an agreement between the city and the developer that addresses the credit. 4. The ordinance details how the amount of credit is to be determined and provides an example of a credit calculation. 5. The ordinance provides a detailed process for approving a GFF credit. This process is modeled after the process created for and included in the McCormick Woods Development Agreement for Transportation. The ordinance as presented allows credits to be granted at the discretion of the City Council. In the proposed revisions to POMC 13.04.040(6), the language does not require the City Council to enter into agreements but does provide the authority for credit agreements and a process, limitations, and Page 211 of 440 Back to Agenda Staff Report 7C Page 2 of 2 requirements if an agreement is reached. This ordinance will help incentivize development activity and the private construction of public sewer facilities. Recommendation: Staff recommends approval of the ordinance as presented. These revisions are needed to support pending development projects in time to hit the summer 2021 construction window. Relationship to Comprehensive Plan: This ordinance helps to incentivize private construction of public facilities that are identified in the City's Comprehensive Plan. Motion for consideration: "I move to adopt an ordinance amending POW Chapter 13.04 concerning sewer general facility fee credits." Fiscal Impact: These amendments are likely to incentivize development that will generate a variety of City revenues. The amendment may reduce sewer general facility fee revenue in the near term, but in the long term the City will gain capacity and the ability to support additional development that will generate future GFF payments. Alternatives: Do not adopt the proposed ordinance; revise the proposed ordinance. Attachments: Ordinance; Redline Ordinance. Page 212 of 440 Back to Agenda [Q,. ]1,11TAL11 J►[9a AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, RELATING TO SEWER CAPITAL FACILITY CHARGES; AMENDING PORT ORCHARD MUNICIPAL CODE SECTIONS 13.04.025 AND 13.04.040; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, at Port Orchard Municipal Code 13.04.040, the City currently provides a means by which developers may obtain credit against the general facilities charges owed to the City for new development and connections to the City's sewerage system; and WHEREAS, the City Council desires to amend the codified language to allow for a credit where development has resulted in an upsizing capacity outsidethat needed forthe development; and WHEREAS, at POMC 13.04.025, staff suggests an amendment to clarifythe components of the sewer capital facility charge for consistency with POMC 13.04.040; and WHEREAS, a public hearing before the City Council on the proposed amendments was held on February 9, 2021; and WHEREAS, the City Council finds that the amendments herein to POMC 13.04.025 and 13.04.040 are consistent with goals and policies of the City's Comprehensive Plan and related regulations, and serve the public health, safety, and general welfare of the citizens of Port Orchard, now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS SECTION 1. Port Orchard Municipal Code 13.04.025 is hereby amended to read as attached at Exhibit A hereto. SECTION 2. Port Orchard Municipal Code 13.04.040 is hereby amended to read as attached at Exhibit A hereto. SECTION 3. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity of constitutionality of any other section, sentence, clause or phrase of this ordinance. Page 213 of 440 Back to Agenda Ordinance No. Page 2 of 9 SECTION 3. 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 Clerk in authentication of such passage this 9t" day of February 2021. Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Robert Putaansuu, Mayor Sponsored by: Cindy Lucarelli, Councilmember Page 214 of 440 Back to Agenda Ordinance No. Page 3of9 Exhibit A 13.04.o25 Fee Schedule. Sewer Capital POMC 13.04.040 (2) Facility Charge, consisting of both: Sewer Wastewater POMC 13.04.040 (2) Treatment Facility Fee Per ERU $3,597.37 McCormick Land Co. $881.25 Div. 1-10 Per ERU General Facility POMC 13.04.040(2) Fee Per ERU $8,525 13.04.040 Sewer capital facility charge — Extension of sewer. (1) The sewer capital facility charge is designed to mitigate the impact of new demands on the existing sewer system and to require new users to pay their fair share of the value of the sanitary sewer system. The sewer capital facilities charge applies to new construction, changes in use, and building modifications that increase the total number of equivalent residential units (ERUs). An ERU is 18o gallons per day for nonresidential connections. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit or any other configuration. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. (a) Sewer Capital Facility Charge — Exception. The following exception applies to the assessment of the sewer capital facility charge. All four elements of the below -listed requirements must be present to qualify for the exception: (i) A nonresidential account paid the sewer capital facility charge at the time the property connected to the city's sewer system; (ii) Sometime after the original connection, the property owner decides to Page 215 of 440 Back to Agenda Ordinance No. Page 4 of 9 construct a new building, change the original use, or modify the original building; (iii) After the building improvements are completed, the total sewer usage for the nonresidential account will be equal to or less than the usage at the time of the original connection; and (iv) The new construction, change in use, or building modification has not resulted in additional direct connection to the city's sewer system or the establishment of an additional sewer account. (2) The sewer capital facility charge consists of two components: the general facility fee (GFF) and the wastewater treatment facility fee (WTFF). The general facility fee and the wastewater treatment facility fees are set forth in POMC 13.04.025. The properties within Divisions 1 through lo, inclusively, of the McCormick Woods Land Company shall have a wastewater treatment fee which is set forth in POMC 13.04.025. (3) The sewer capital facility charge shall be paid before connecting to the city sanitary sewer system, or before changing the use, or increasing the total ERU count above the amount for which a sewer capital facility charge has been paid, except where a sewer GFF agreement provides for a deferral of these fees. If work is to be done that requires a sewer capital facility charge, it shall be paid before a permit shall be issued. (4) If, after connection of a nonresidential service, the actual sewer usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the sewer capital facility charge was paid, the property owner shall pay to the city an additional sewer capital facility charge based upon the new or expanded use. The additional sewer capital facility charge shall be based upon the charge rate in effect at the time the increased use is requested and/or detected, whichever first occurs. (5) A credit against the sewer capital facilities charge may be applied for those property owners that paid their assessments in full through a local improvement district formed by the city, where such local improvement district is formed to finance the construction of any of the improvements that are a basis for calculating the value of the sewer capital facilities charge. The credit shall be equal to the amount of the property owner's principal assessment, not including interest and penalties. The credit shall be applied at the time of payment of the sewer capital facilities charge and shall not be used to reduce any assessments in the local improvement district. (6) Upon petition to the city engineer by the property owner or developer, a credit against the sewer general facility fee (GFF) may be applied for those developers that construct at their own expense and with the City's advance agreement any of the improvements that are a basis for calculating the value of the sewer general facilities charge and result in upsized capacity over that required to serve their development, or for those property owners that pay a latecomer's fee toward those same improvements. The credit shall be memorialized in Page 216 of 440 Back to Agenda Ordinance No. Page 5 of 9 a GFF credit agreement approved by the City Council. The value of the credit shall be determined by the city engineer and shall be based on (1) conformance of the work with the utility plan of the city, and (2) shall be proportional to the additional capacity provided by the planned capital improvement. The credit shall be limited to the development identified in the initial credit request that installed the upsized or additional infrastructure. The agreement may allow for phased projects. Alternatively, the value of the credit shall be the amount paid as a latecomer fee towards the improvement(s). The total credit, if any, as provided in this subsection shall not exceed the amount of the total general facility fee due and payable to the utility that applies to the property or development requiring service because of the improvements. The full actual costs of drafting and processing the GFF agreement shall be reimbursed by the owner or applicant prior to final City Council action on the agreement, to such extent that the actual costs exceed the initial application fee. The process for approving a GFF credit shall be as follows: (a) The developer shall request a credit in writing in conjunction with permit submittal or a pending permit application and include the following eligibility information in their request: i. Identification of the project proposed for construction as listed in the City's sewer general facilities charge calculation. ii. Identification of the size of the facility to be constructed in ERUs as well as share of the facility in ERUs to be used by the proposed development. iii. Identification of the sizing requirements for the proposed facility based on the City's adopted sewer system plan. (b) The City may create an application form to accompany credit requests. (c) The Director shall verify the information provided under section (a) above and may seek peer review at the requestor's expense of any technical reports submitted to justify proposed credit amounts or proportionate shares. (d) Upon verification of eligibility, the Director shall prepare a GFF credit agreement for City Council consideration. (e) The GFF credit agreement may allow the deferral of GFF charges pending completion of the facility to be constructed by the developer in exchange for credit. In such cases, the agreement shall stipulate that no certificates of occupancy shall be Page 217 of 440 Back to Agenda Ordinance No. Page 6 of 9 granted prior to substantial completion of the facility and/or payment of the GFF. This deferral is allowed because the total amount of GFFs owed to the City may not be known prior to project completion and verification of construction costs. Where credit amounts are anticipated to be less that the total GFFs owed to the city, the agreement shall stipulate that a partial payment be made towards the GFFs owed for a project. The City Council may require a performance bond if deferral is allowed. (f) Credit shall not be granted until the Director has deemed the capital project as completed. (g) Project completion shall not occur until: i. The City deems it substantially complete; and ii. All punch list items are finished; and iii. The facility passes final inspection; and iv. The Developer has put a 2-year warranty and maintenance bond in place; and V. The City releases the performance bond (if applicable); and vi. The Developer has completed all property dedications; and vii. The Developer has provided the City with a Bill of Sale for the improvements containing the certified construction costs (stamped by licensed engineer) to the City for determination of the maximum credits available under this Agreement. The Director shall have the authority to approve or reject project cost estimates and may request additional information in support of certified construction cost estimates. (h) The City will confirm completeness of the Project by issuing a Final Notice of Completeness to the Developer. (i) Upon certification of completeness, the developer shall pay any balance owed for GFFs within go days or prior to the city's issuance of a certificate of occupancy, whichever occurs first. For illustrative purpose only, a GFF credit is calculated as depicted in the following tables: Example * i — Anticipated Developer's General Facility Fees Exceed Project Cost Eligible for Credit Certified Project Cost $ 1,000,000 Developer's Engineer Certified ERU's 250 25% Excess (Future) Engineer Certified ERU's 750 75 Total Project ERU's 1,000 Project Cost Attributed to Developer Connections $ 250,000 Project Cost Attributed to Excess (Future) Connections $ 750,000 Page 218 of 440 Back to Agenda Ordinance No. Page 7of9 Project Cost Eligible for Credit $ 750,000 Sewer General Facility Fee's $ 8,525 Anticipated Developer's General Facility Fee's $ 2,131,250 Estimated Sewer General Facility Fee Credit $ 2,131,250 Total Credit Available (based on GFF at time of permit issuance) $ 750,000 Example #2 — Project Cost Eligible for Credit Exceeds Anticipated Developer's General Facility Fees Certified Project Cost $ 1O,OOO,OOO Developer's Engineer Certified ERU's 250 25% Excess (Future) Engineer Certified ERU's 750 75% Total Project ERU's 1,OOO Project Cost Attributed to Developer Connections $ 2,500,000 Project Cost Attributed to Excess (Future) Connections $ 7,500,000 Project Cost Eligible for Credit $ 7,500,000 Sewer General Facility Fee's $ 8,525 Anticipated Developer's General Facility Fee's $ 2,131,250 Estimated Sewer General Facility Fee Credit $ 2,131,250 Total Credit Available (based on GFF at time of permit issuance) $ 2,131,250 (7) The City Council may require the GFF credit agreement to prorate GFF credits across all lots or units in a development when the amount of GFFs owed by the developer exceeds the amount of credit requested. (8) The above provisions notwithstanding, the amount of credit shall not exceed the amount of the sewer general facilities charge for the property to which the credit is being applied. Page 219 of 440 Back to Agenda Ordinance No. Page 8of9 (9) At the time the sewer general facilities charge is paid, a sewer inspection fee shall be paid per lateral connection to the main. The sewer inspection fee is set forth in POMC 13.04.025. (1o) All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these plus overhead and sales tax will be paid by the customer. (11) Extension of Sewer to Property Contiguous to the City Shall Annex — Exception. Property lying within the urban growth boundary and contiguous to the Port Orchard city limits shall annex to the city as a condition of sewer connection. In the alternative, the city may elect to defer annexation and require the owner to execute a utility extension agreement as described in subsection (11) of this section. (12) Requirement for Utility Extension Agreement. (a) Property lying within the urban growth area which is not contiguous to the Port Orchard city limits shall be permitted water and/or sewer connection only upon entering into an appropriate agreement with the city containing a waiver of protest to annexation/limited power of attorney authorizing annexation at such time as the city determines the property should be annexed to the city. Application for extension of utilities is subject to the following provisions: (i) Application fees as established by the city council shall be paid upon the submittal of a signed utility extension agreement (UEA) requesting water and/or sewer for property outside the city, but located within the urban growth area; (ii) The applicant will bear the entire cost of water and/or sewer connection pursuant to this chapter, as written or hereafter amended, subject to any provision in effect at the time of connection for latecomer reimbursement; (iii) The applicant will be subject to all applicable provisions of this chapter, as written or hereafter amended, for extension of city utilities, the payment therefor, and all enforcement provisions therein; and (iv) The UEA shall not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project application or approvals or when the director of planning determines that a substantial change or addition has been made to the project. (b) The city may disconnect the utilities for failure of the applicant or his/her successors or assigns, for violation of this chapter, or for violation of the terms and conditions of the UEA. (c) Following execution, such agreement shall be recorded by the city clerk in the chain of Page 220 of 440 Back to Agenda Ordinance No. Page 9 of 9 title for such property in the records of the Kitsap County auditor. Page 221 of 440 Back to Agenda Ordinance No. XXX — Tracked Changes of Proposed Amendments 13.04.040 Sewer capital facility charge — Extension of sewer. (1) The sewer capital facility charge is designed to mitigate the impact of new demands on the existing sewer system and to require new users to pay their fair share of the value of the sanitary sewer system. The sewer capital facilities charge applies to new construction, changes in use, and building modifications that increase the total number of equivalent residential units (ERUs). An ERU is 18o gallons per day for nonresidential connections. An ERU for residential connections is one single-family dwelling unit, whether detached or attached and configured as an apartment unit, condominium unit, townhouse unit or any other configuration. The ERU consumption is based upon metered water consumption or comparison to similar accounts when metered water consumption data is not readily available. (a) Sewer Capital Facility Charge — Exception. The following exception applies to the assessment of the sewer capital facility charge. All four elements of the below - listed requirements must be present to qualify for the exception: (i) A nonresidential account paid the sewer capital facility charge at the time the property connected to the city's sewer system; (ii) Sometime after the original connection, the property owner decides to construct a new building, change the original use, or modify the original building; (iii) After the building improvements are completed, the total sewer usage for the nonresidential account will be equal to or less than the usage at the time of the original connection; and (iv) The new construction, change in use, or building modification has not resulted in additional direct connection to the city's sewer system or the establishment of an additional sewer account. (2) The sewer capital facility charge consists of two components: the general facility fee GFF) and the wastewater treatment facility fee WTFF . The general facility fee and the wastewater treatment facility fees are set forth in POMC 13.04.025. The properties within Divisions 1 through 10, inclusively, of the McCormick Woods Land Company shall have a wastewater treatment fee which is set forth in POMC 13.04.025. (3) The sewer capital facility charge shall be paid before connecting to the city sanitary sewer system, or before changing the use, or increasing the total ERU count above the amount for which a sewer capital facility charge has been paid. If work is to be done that requires a sewer capital facility charge, it shall be paid before a permit shall be issued. Page 222 of 440 Back to Agenda Page 2 of 6 (4) If, after connection of a nonresidential service, the actual sewer usage has increased or the property use expanded so that there are a greater number of ERUs being used on the property than for which the sewer capital facility charge was paid, the property owner shall pay to the city an additional sewer capital facility charge based upon the new or expanded use. The additional sewer capital facility charge shall be based upon the charge rate in effect at the time the increased use is requested and/or detected, whichever first occurs. (5) A credit against the sewer capital facilities charge may be applied for those property owners that paid their assessments in full through a local improvement district formed by the city, where such local improvement district is formed to finance the construction of any of the improvements that are a basis for calculating the value of the sewer capital facilities charge. The credit shall be equal to the amount of the property owner's principal assessment, not including interest and penalties. The credit shall be applied at the time of payment of the sewer capital facilities charge and shall not be used to reduce any assessments in the local improvement district. (6) Upon petition to the city engineer by the propeM owner or developer,Aa credit against the sewer general facility feege fGFF)-may be applied for those developers that construct at their own expense and with the City's advance agreement any of the improvements that are a basis for calculating the value of the sewer eapit �d-eg neral facilities charge and result in upsized capacity over that required to serve their development, or for those property owners that pay a latecomer's fee toward those same improvements. The credit shall be the smallef ef the felleivingshall. be memorialized in a GFCGFF credit agreement approved by the City Council.: The value of the credit shall be determined by the citv engineer and shall be based on (1 conformance of the work with the utilityplan of the city, and (2) shall be proportional to the additional capacityprovided by theme planned capital improvement. The credit shall be limited to the development identified in the initial credit request that installed the upsized or additional infrastructure. The agreement may allow for phased projects. Alternatively, the value of the credit shall be the amount paid as a latecomer fee towards the improvement(s). The total credit, if any, as provided in this subsection shall not exceed the amount of the Page 223 of 440 Back to Agenda Page 3 of 6 total general facility fee due and payable to the utility that applies to the property or development requiring service because of the improvements. The full actual costs of drafting and processing the GFF agreement shall be reimbursed by the owner or applicant prior to final City Council action on the agreement, to such extent that the actual costs exceed the initial application fee. The process for approving a GFF credit shall be as follows: (a) The developer shall request a credit in writing in conjunction with permit submittal or a pending permit application and include the following eli ig bility information in their request: i.Identification of the project proposed for construction as listed in the City sewer general facilities charge calculation. (Identification of the size of the facility to be constructed in ERUs as well as share of the facility in ERUs to be used by the proposed development. iii. Identification of the sizing requirements for the proposed facility based on the Cie 's adopted sewer systemplan. (b) The City may create an application form to accompany credit requests. (c) The Director shall verify the information provided under section (a) above and may seek peer review at the requestor's expense of any technical reports submitted to justify proposed credit amounts or proportionate shares. (d) Upon verification of eligibility, the Director shall prepare a GFF credit agreement for City Council consideration. UThe GFF credit agreement may allow the deferral of GFF charges pending completion of the facility to be constructed by the developer in exchange for credit. In such cases, the agreement shall stipulate that no certificates of occupancy shall be granted prior to substantial completion of the facility and/or payment of the GFF. This deferral is allowed because the total amount of GFFs owed to the Ceity may not be known prior to project completion and verification of construction costs. Where credit amounts are anticipated to be less that the total GFFs owed to the city, the agreement shall stipulate that a partial payment be made towards the GFFs owed for a project. The City Council may require a performance bond if deferral is allowed. (f) Credit shall not be granted until the Director has deemed the capital project as completed. Project completion shall not occur until: i. The City deems it substantially complete; and I All punch list items are finished; and iii. The facility passes final inspection; and iv. The Developer has put a 2-year warranty and maintenance bond in place; and V. The City releases the performance bond (if applicable); and Page 224 of 440 Back to Agenda Page 4 of 6 vi. The Developer has completed all property dedications; and vii. The Developer has provided the City with a Bill of Sale for the improvements containing the certified construction costs (stamped by licensed engineer) to the City for determination of the maximum credits available under this Agreement. The Director shall have the authority to approve or reject project cost estimates and may request additional information in support of certified construction cost estimates. (h) The City will confirm completeness of the Project by issuing a Final Notice of Completeness to the Developer. (i) Upon certification of completeness, the developer shall pay any balance owed for GFFs withingo days or prior to the city's issuance of a certificate of occupancy, whichever occurs first. For illustrative purpose only, a GFF credit is calculated as follows: Example #i — Anticipated Developer's General FaciliV Fees Exceed Project Cost Eligible for Credit Certified Project Cost $ 1,OOO,OOO Developer's Engineer Certified ERU's 250 25Ao Excess Future Engineer Certified ERU's 750 75o Total Project ERU's 11000 Project Cost Attributed to Developer Connections $ 210,000 Project Cost Attributed to Excess (Future) $ 710,000 Connections Project Cost Eli 'ble for Credit $ 710,000 Sewer General Facili Fee's $ 8,5.2a Anticipated Developer's General Facili Fee's $ 2,131,250 Estimated Sewer General Facili Fee Credit $ 2,131,250 Total Credit Available (based on GFF at time of permit $ 75o,000 issuance) Example #2 — Project Cost Eligible for Credit Exceeds Anticipated Developer's General FacifibLEggs Page 225 of 440 Back to Agenda Page 5 of 6 Certified Project Cost $ 10,000,000 Developer's Engineer Certified ERU's 2 -00 25o Excess Future Engineer Certified ERU's 7-5-0 75 Total Project ERU's 11000 Project Cost Attributed to Developer Connections $ 2,500,000 Project Cost Attributed to Excess (Future) $ 7,500,000 Connections Project Cost Eligible for Credit I 7,500,000 Sewer General Facili Fee's $ 8t525 Anticipated Developer's General Facili Fee's $ 2,131,250 Estimated Sewer General FagUibLfte Credit $ 2,131,250 Total Credit Available (based on GFF at time of permit $ 2,131 250 issuance) (7) The City Council may require the GFF credit agreement to prorate GFF credits across all lots or units in a development when the amount of GFFs owed by the developer exceeds the amount of credit requested. (8) The above provisions notwithstanding, the amount of credit shall not exceed the amount of the sewer eapit Aeg neral facilities charge for the property to which the credit is being applied. (9) At the time the sewer_ eg neralel facilities charge is paid, a sewer inspection fee shall be paid per lateral connection to the main. The sewer inspection fee is set forth in POMC 13.04.025. (10) All materials shall comply with the requirements of the city. If the city supplies any materials, the cost of these plus overhead and sales tax will be paid by the customer. (11) Extension of Sewer to Property Contiguous to the City Shall Annex — Exception. Property lying within the urban growth boundary and contiguous to the Port Orchard city limits shall annex to the city as a condition of sewer connection. In the alternative, the city may elect to defer annexation and require the owner to execute a utility extension agreement as described in subsection (11) of this section. (12) Requirement for Utility Extension Agreement. (a) Property lying within the urban growth area which is not contiguous to the Port Orchard city limits shall be permitted water and/or sewer connection only upon entering Page 226 of 440 Back to Agenda Page 6 of 6 into an appropriate agreement with the city containing a waiver of protest to annexation/limited power of attorney authorizing annexation at such time as the city determines the property should be annexed to the city. Application for extension of utilities is subject to the following provisions: (i) Application fees as established by the city council shall be paid upon the submittal of a signed utility extension agreement (UEA) requesting water and/or sewer for property outside the city, but located within the urban growth area; (ii) The applicant will bear the entire cost of water and/or sewer connection pursuant to this chapter, as written or hereafter amended, subject to any provision in effect at the time of connection for latecomer reimbursement; (iii) The applicant will be subject to all applicable provisions of this chapter, as written or hereafter amended, for extension of city utilities, the payment therefor, and all enforcement provisions therein; and (iv) The UEA shall not be executed prior to the time formal application is made for approval of the project for which utilities are requested. The term of said agreement shall terminate at the time any project application or approval expires or is revoked for any reason. A new agreement shall also be required for any extension of project application or approvals or when the director of planning determines that a substantial change or addition has been made to the project. (b) The city may disconnect the utilities for failure of the applicant or his/her successors or assigns, for violation of this chapter, or for violation of the terms and conditions of the UEA. (c) Following execution, such agreement shall be recorded by the city clerk in the chain of title for such property in the records of the Kitsap County auditor. Page 227 of 440 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7D Adoption of an Ordinance Approving a Contract with the Washington State Department of Transportation for the Bethel and Lincoln Roundabout Project Construction Phase Meeting Date: Prepared by: Atty Routing No.: Atty Review Date Back to Agenda February 9, 2021 Mark Dorsey, P.E. Public Works Director 366922.0009 — PW February 3, 2021 Summary: On March 5, 2020, the City of Port Orchard applied for and successfully received a federally funded grant of $1.5M from the Highway Safety Improvement Program (HSIP) as managed by the Washington State Department of Transportation (WSDOT) under their 2020 City Safety Program for the Bethel and Lincoln Intersection Single -lane Roundabout Project. The grant funding is specifically for the Project's Construction Phase, with the Engineering Design and Right -of -Way Phases locally funded. The grant does require a 10% match, $166,667 unless the Project is obligated prior to April 30, 2023, which will trigger 100% funding and remove the match requirement. The anticipated locally funded portion of the Construction Phase will provide compliance with this match requirement if the obligation deadline is not met. The Total Project Cost Estimate submitted by the Public Works Department is $2,738,750, excluding city staff time. The Awarded Grant Amount of $1,500,000 is specifically for the Construction Phase of this Project and requires a 10% match for all eligible federal expenditures. As this Project was not yet anticipated for work in the immediate future but included within the Tier 2 TIP 2.04 Bethel Corridor Phase 5A Project, the 2021-2022 Biennial Budget did not allocate funding for this project. Please see below for a summary of anticipated costs and the proposed funding strategy: Engineering Design Phase: $461,250 Right -of -Way Acquisition Phase: $135,000 Construction Phase: $2,142,000 Total: $2,738,750 The anticipated locally funded portion of this Project is to be paid from Transportation Impact Fee's and/or other eligible funding sources, if needed. The Public Works Department is proposing to re- allocate the $500,000 identified within the 2021-2022 Biennial Budget from the Tier 1 TIP 1.3 Bethel/Sedgwick Phase 1 - Design 30% Project and pause that project. The Public Works Department is proposing to use the re -allocated local funds for the Engineering Design and Right -of -Way Phases of the Tier 2 TIP 2.04 Bethel Corridor Phase 5A Project. Additionally, the City will need to re -allocate or appropriate additional funding for this project in the amount of — $38,000 to fully fund this effort during the mid -year review and/or the during the first biennial budget amendment for the biennium. Page 228 of 440 Back to Agenda Staff Report 7D Page 2of2 Relationship to Comprehensive Plan: Chapter 8 — Transportation (included as a portion of Tier 2 TIP 2.04 Bethel Corridor Phase 5A Project) Recommendation: Staff recommends that the City Council adopt Ordinance No. 001-21, thereby approving and authorizing the Mayor to execute Contract No. CO21-21 with the Washington State Department of Transportation, inclusive of the current WSDOT Project Administration Agreement and the WSDOT Local Agency Agreement, for the Bethel and Lincoln Intersection — Single Lane Roundabout Project Construction Phase from the Highway Safety Improvement Program in the amount of $1,500,000. Motion for Consideration: I move to adopt Ordinance No. 001-21, thereby approving and authorizing the Mayor to execute Contract No. CO21-21 with the Washington State Department of Transportation, inclusive of the current WSDOT Project Administration Agreement and the WSDOT Local Agency Agreement, for the Bethel and Lincoln Intersection — Single Lane Roundabout Project Construction Phase from the Highway Safety Improvement Program in the amount of $1,500,000. Fiscal Impact: —$1.5 million Federal Grant —$1.3 million of local Transportation Impact Fee's Alternative: Refuse Grant. Attachment: Ordinance, WSDOT Award Letter (dated 12/23/2020), and WSDOT Project Administration Agreement. Page 229 of 440 Back to Agenda ORDINANCE NO. 001-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE TERMS AND CONDITIONS ASSOCIATED WITH THE FEDERALLY FUNDED HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) AS MANAGED BY THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) UNDER THEIR 2020 CITY SAFETY GRANT PROGRAM, THEREBY APPROVING CONTRACT NO CO21-21 WITH WSDOT FOR THE BETHEL AND LINCOLN ROUNDABOUT - CONSTRUCTION PHASE; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, on March 5, 2020, the City's Public Works Department applied for Highway Safety Improvement Program (HSIP) grant funding through the Washington State Department of Transportation (WSDOT) 2020 City Safety Program for a portion of the Bethel Corridor Phase 5A Project, being the Bethel and Lincoln Intersection — Single Lane Roundabout Project (Project) - Construction Phase; and WHEREAS, on December 23, 2020, the City of Port Orchard Public Works Department was notified by WSDOT that the Project was selected to receive $1.5M in federal funding through the HSIP with a 10% Construction Phase match requirement ($166,667); and WHEREAS, it is the City of Port Orchard's Public Works Department intent to use local funding for the required Design and Right -of -Way Phases; and WHEREAS, if the Project is obligated for the Construction Phase prior to April 30, 2023, then the Construction Phase is eligible for 100% funding (no local match), and if the obligation deadline is not met, local funding will be used for the Construction Phase match requirement; and WHEREAS, the City Council has determined it to be in the best interests of the City to enter into Contract No. CO21-21 with WSDOT for the Bethel and Lincoln Intersection — Single Lane Roundabout Project (Project) - Construction Phase; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Contract No. CO21-21 with the Washington State Department of Transportation (WSDOT) for the Bethel and Lincoln Intersection — Single Lane Roundabout Project (Project) - Construction Phase, inclusive of the current WSDOT Project Administration Agreement and the WSDOT Local Agency Agreement, is hereby approved and the City agrees to be bound by the terms and conditions thereof in their entirety. Page 230 of 440 Back to Agenda Ordinance No. 001-21 Page 2 of 2 SECTION 2. 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 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 4. 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 9t" day of February 2021. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Rinearson, MMC, City Clerk Cindy Lucarelli, Councilmember Charlotte Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 231 of 440 Back to Agenda MWashington State P Department of Transportation Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY.1-800-833-6388 www.wsdot.wa.gov December 23, 2020 Mr. Mark Dorsey City Engineer City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Bethel and Lincoln Roundabout 2020 City Safety Selections Federal Funding Dear Mr. Dorsey: WSDOT is pleased to advise you that the above -mentioned safety project was recently selected to receive funding through the Highway Safety Improvement Program (HSIP). The federal funding is limited to the amount shown below: Bethel and Lincoln Roundabout $1,500,000 Scope: See attached Project Summary — delivered as one contract. NOTE: Projects require a ten percent local match per phase (preliminary engineering/design, right-of-way, and construction) for all eligible federal expenditures. If the construction phase is authorized by April 30, 2023, then the construction phase is eligible for 100% funding (no local match required). Federal funds cannot be used as match for any phase. Scope and funding modifications are not allowed. In order to meet state and federal requirements, the following are required: ■ Project expenditures incurred before receiving notice from Local Programs of federal fund authorization are not eligible for reimbursement. ■ Please refer to the Local Programs webpage for detailed information, including: (http://www.wsdot.wa.gov/localprograms ✓ Local Agency Guidelines (LAG) manual for the requirements regarding programming, authorization, reimbursement, etc.; ✓ Projects utilizing federal funds must be included in your current Transportation Improvement Program (TIP) as a complete programmed project. Once your TIP amendment is approved, WSDOT will amend the Statewide Transportation Improvement Program (STIP); ✓ Funding and billing forms; ✓ Quarterly Project Reporting is required to be completed by the end of March, June, September, and December each year. To access the database, you will need an account name and password. Your account name is Port Orchard and your password is PorOr576. The password is case sensitive. If the project is not actively pursued or becomes inactive (23 CFR 630), the project is at risk of being cancelled, funds repaid and reprogrammed. Page 232 of 440 Back to Agenda Mark Dorsey City Engineer City of Port Orchard Bethel and Lincoln Roundabout December 23, 2020 ■ FHWA requires that all projects are ADA compliant upon completion or the federal funds must be repaid. As a reminder, Local Programs requires all agencies to submit monthly progress billings to ensure timely reimbursement of eligible federal expenditures. For assistance please contact Bryan Dias, your Region Local Programs Engineer, at 360.357.2631. Sincerely, 1' 4 /4-0 �2erL Kyle R. McKeon Interim Director Local Programs KRM: st: sas cc: Kelly McGourty, Transportation Director, PSRC Bryan Dias, Olympic Region Local Programs Engineer, MS 47440 Page 233 of 440 Back to Agenda Olympic Region Local Programs Project Administration Agreement Port Orchard Bethel Lincoln Intersection - Round About City Project Title This Agreement is entered into between the Washington State Department of Transportation (STATE) and the above -named city (CITY). The CITY is not currently certified as having staff with the knowledge and experience to manage a Federal Highway Administration (FHWA) federal aid project, therefore FHWA requires the above named project (Project) be administered under the supervision of the Washington State Department of Transportation Olympic Region Local Programs Office (Local Programs). NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The CITY, operating under an extension of Local Programs Certification Acceptance (CA), agrees to administer this Project entirely in accordance with federal law, the Local Agency Guidelines (LAG), this Project Administration Agreement, and direction as provided by the Local Programs Engineer (LPE). Failure to comply with federal law, the LAG, this Project Administration Agreement, or the direction of the LPE may result in loss of federal funds. 2. The STATE and the CITY have designated CA Managers as shown below: STATE: city Bryan Dias P.E. Local Programs Engineer City of Port Orchard WSDOT Olympic Region Mark Dorsey, City Engineer PO Box 47440 216 Prospect ST Olympia WA 98504 Port Orchard, WA 98366 DiasBkwsdot.wa.gov mdorsey&citofportorchard.us 360-357-2631 (360) 876-7034 The CITY CA Manager is the full time CITY employee that is in responsible charge of the Project. All formal submittals outlined herein, either from the STATE or the CITY, will be sent through the designated CA Manager. 3. The CITY shall obtain approval from the LPE of the consultant solicitation method, advertisement and selection process for using a consulting firm for PE, Right of Way and Construction Engineering services. In addition, the CITY shall obtain concurrence of Consulting Engineering Agreements and Supplements from the LPE before execution (see LAG chapter 31). The scope of the negotiated agreement for PE must complete the PE phase for the entire Project. 4. Contract Plans, Specifications and Estimates (PS&E) shall be prepared in accordance with the current State of Washington Standard Specifications for Road, Bridge and Municipal Construction and adopted design standards (see LAG chapter 42 and 44). The CITY shall submit the PS&E and contract to the LPE for review to ensure compliance with the LAG. 5. Any deviation to design standards (see LAG chapter 42) must be stamped by a Professional Engineer licensed in the State of Washington. The CITY shall submit the design deviation to the LPE for further processing and approval. Page 234 of 440 Back to Agenda City of Port Orchard Project Administration Agreement Page 2 of 3 6. The CITY shall be responsible for all required environmental documentation (SEPA and NEPA) and shall submit all required NEPA documentation to the LPE for further processing and approval (see LAG chapter 24). The CITY shall be responsible for obtaining all required permits and approvals. 7. No Right of Way (R/W) action shall proceed without concurrence from the WSDOT Local Agency Right of Way Coordinator. The CITY shall follow current WSDOT approved R/W Procedures as described in the LAG (see LAG chapter 25). The LPE and WSDOT Local Agency Right of Way Coordinator shall be advised of all pre-R/W meetings. All acquisitions of R/W such as construction easements, donations, permits, etc. shall be certified by the CITY and the STATE. 8. The CITY shall forward the proposed advertisement for bids to the LPE for approval. Upon approval of the advertisement for bids and construction authorization from FHWA, the CITY may begin advertisement for bids (see LAG chapter 46). The CITY shall keep the LPE advised on any pre -award issues affecting the quality and timing of the contract. Any required addenda to the contract documents must be approved by the LPE before it is issued. 9. The CITY is required to utilize a Certified Acceptance agency or qualified CITY or consultant staff for construction management services. Experience and expertise administering and managing construction projects funded by FHWA in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, the WSDOT Construction Manual, and the Local Agency Guidelines must be verifiable and acceptable. Your Project that utilizes FHWA funds will require significant effort to manage and provide all the documentation required by FHWA. Typically, the following construction staffing is needed: Project Manager (8 to 12 hrs. / week throughout the construction phase) Field Engineer/ Inspector (50 hrs. / week; during working days; 10 to 20 hours per week 2 weeks prior to add through completion) Office Manager (8 to 16 hrs. / week throughout the construction phase) This staffing does not include materials testing technicians, materials lab services, or additional project inspectors for larger projects. One person may fill multiple roles if qualified. Adequate experienced staffing will help assure a successful federal aid project. The CITY shall obtain approval of construction management staff, including Project Manager, Field Engineer, Office Manager and Lead Inspector, from the LPE before construction funds will be authorized. 10. The CITY shall notify the LPE of the Bid Opening date and time. The CITY shall transmit to the LPE, the Engineer's Estimate, Bid Tabulations, UDBE Utilization Certificate and the UDBE Written Confirmation of the apparent low bidder. Upon approval by the LPE, the CITY may Award the Contract to the lowest responsive bidder (see LAG chapter 46). 11. Upon the CITY execution of the contract for construction, the CITY shall administer and inspect the Project in accordance with the contract documents, WSDOT Standard Specifications for Road Bridge and Municipal Construction, the WSDOT Construction Manual, the Local Agency Guidelines and all applicable state and federal laws (see LAG chapter 52). Page 235 of 440 Back to Agenda City of Port Orchard Project Administration Agreement Page 3 of 3 12. Changes to the contract will be documented by change order as defined in the current edition of the WSDOT Standard Specifications for Road, Bridge and Municipal Construction Section 1-04.4 and consistent with the WSDOT Construction Manual. The CITY shall negotiate, and document all change orders. Written authorization (email) by the LPE of proposed change order work, except for emergency work, must be received by the CITY prior to proceeding with the work. Any work performed before receiving said authorization may be deemed ineligible for federal participation. Prior to obtaining the contractor's signature on any change order the CITY shall provide a copy of the change order to the LPE for review and concurrence, along with separate justification for the change and an independent estimate of price and working day impacts. A copy of all executed Change Orders shall be sent to the LPE. 13. The CITY shall schedule inspection of the Project by Local Programs and receive Local Programs comments prior to providing the final "punch list" to the Contractor (see LAG chapter 53). 14. If required by your grant, quarterly reports must be updated by the CITY before the 20th of March, June, September and December until the Project is complete and final bill is paid. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the party's date signed last below. CITY OF PORT ORCHARD STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Robert Putaansuu, Mayor Date: LE Date: Page 236 of 440 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7E Adoption of an Ordinance Approving a Contract with the Washington State Meeting Date Prepared by Department of Transportation for the Atty Routing No Citywide Street Lighting Study Atty Review Date Back to Agenda February 9, 2021 Mark Dorsey, P.E. Public Works Director 366922.0009 — PW February 3, 2021 Summary: On March 5, 2020, the City of Port Orchard applied for and successfully received a federally funded grant of $36K from the Highway Safety Improvement Program (HSIP) as managed by the Washington State Department of Transportation (WSDOT) under their 2020 City Safety Program for the Citywide Street Lighting Study. The grant funding being accepted is only for a Study and requires a $4,000 (10%) local match. Recommendation: Staff recommends that the City Council adopt Ordinance No. 002-21, thereby approving and authorizing the Mayor to execute Contract No. CO22-21 with the Washington State Department of Transportation, inclusive of the current WSDOT Project Administration Agreement attached and the WSDOT Local Agency Agreement, for the Citywide Street Lighting Study in the amount of $36,000. Relationship to Comprehensive Plan: Not Applicable. Motion for Consideration: I move to adopt Ordinance No. 002-21, thereby approving and authorizing the Mayor to execute Contract No. CO22-21 with the Washington State Department of Transportation, inclusive of the current WSDOT Project Administration Agreement attached and the WSDOT Local Agency Agreement, for the Citywide Street Lighting Study in the amount of $36,000. Fiscal Impact: A budget amendment will be required to allocate the $4,000 local match requirement from the current 2021-2022 Biennial Budget. Alternative: Refuse Grant. Attachment: Ordinance No. 002-21, WSDOT Award Letter (dated 12/23/2020), and WSDOT Project Administration Agreement. Page 237 of 440 Back to Agenda ORDINANCE NO. 002-21 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE TERMS AND CONDITIONS ASSOCIATED WITH THE FEDERALLY FUNDED HIGHWAY SAFETY IMPROVEMENT PROGRAM (HSIP) AS MANAGED BY THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION (WSDOT) UNDER THEIR 2020 CITY SAFETY GRANT PROGRAM, APPROVING CONTRACT NO CO22-21 WITH WSDOT FOR THE CITYWIDE STREET LIGHTING STUDY; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, on March 5, 2020, the City's Public Works Department applied for Highway Safety Improvement Program (HSIP) grant funding through the Washington State Department of Transportation (WSDOT) 2020 City Safety Program for a Citywide Street Lighting Study; and WHEREAS, on December 23, 2020, the City of Port Orchard Public Works Department was notified by WSDOT that the Project was selected to receive $36K in federal funding through the HSIP, with a $4,000 local match requirement; and WHEREAS, it is the City of Port Orchard's Public Works Department intent to use local funding for the local match requirement; and WHEREAS, the City Council has determined it to be in the best interests of the City to enter into Contract No. CO22-21 with WSDOT for the Citywide Street Lighting Study; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. The City Council authorizes the Mayor to execute Contract No. CO22-21 with the Washington State Department of Transportation (WSDOT) for the Citywide Street Lighting Study, inclusive of both the current WSDOT Project Administration Agreement attached and the pending WSDOT Local Agency Agreement. SECTION 2. 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 3. Publication. This Ordinance shall be published by an approved summary consisting of the title. Page 238 of 440 Back to Agenda Ordinance No. 002-21 Page 2 of 2 SECTION 4. 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 9t" day of February 2021. ATTEST: Robert Putaansuu, Mayor SPONSOR: Brandy Rinearson, MMC, City Clerk Cindy Lucarelli, Councilmember I_1»CZ81WIl07_V12WWilk] AA E Charlotte Archer, City Attorney PUBLISHED: EFFECTIVE DATE: Page 239 of 440 Back to Agenda Olympic Region Local Programs Project Administration Agreement Port Orchard Citywide Street Lighting Stud City Project Title This Agreement is entered into between the Washington State Department of Transportation (STATE) and the above -named city (CITY). The CITY is not currently certified as having staff with the knowledge and experience to manage a Federal Highway Administration (FHWA) federal aid project, therefore FHWA requires the above named project (Project) be administered under the supervision of the Washington State Department of Transportation Olympic Region Local Programs Office (Local Programs). NOW THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS: 1. The CITY, operating under an extension of Local Programs Certification Acceptance (CA), agrees to administer this Project entirely in accordance with federal law, the Local Agency Guidelines (LAG), this Project Administration Agreement, and direction as provided by the Local Programs Engineer (LPE). Failure to comply with federal law, the LAG, this Project Administration Agreement, or the direction of the LPE may result in loss of federal funds. 2. The STATE and the CITY have designated CA Managers as shown below: STATE: city Bryan Dias P.E. Local Programs Engineer City of Port Orchard WSDOT Olympic Region Mark Dorsey, City Engineer PO Box 47440 216 Prospect ST Olympia WA 98504 Port Orchard, WA 98366 DiasBkwsdot.wa.gov mdorsey&citofportorchard.us 360-357-2631 (360) 876-7034 The CITY CA Manager is the full time CITY employee that is in responsible charge of the Project. All formal submittals outlined herein, either from the STATE or the CITY, will be sent through the designated CA Manager. 3. The CITY shall obtain approval from the LPE of the consultant solicitation method, advertisement and selection process for using a consulting firm for PE, Right of Way and Construction Engineering services. In addition, the CITY shall obtain concurrence of Consulting Engineering Agreements and Supplements from the LPE before execution (see LAG chapter 31). The scope of the negotiated agreement for PE must complete the PE phase for the entire Project. 4. Contract Plans, Specifications and Estimates (PS&E) shall be prepared in accordance with the current State of Washington Standard Specifications for Road, Bridge and Municipal Construction and adopted design standards (see LAG chapter 42 and 44). The CITY shall submit the PS&E and contract to the LPE for review to ensure compliance with the LAG. 5. Any deviation to design standards (see LAG chapter 42) must be stamped by a Professional Engineer licensed in the State of Washington. The CITY shall submit the design deviation to the LPE for further processing and approval. Page 240 of 440 Back to Agenda City of Port Orchard Project Administration Agreement Page 2 of 3 6. The CITY shall be responsible for all required environmental documentation (SEPA and NEPA) and shall submit all required NEPA documentation to the LPE for further processing and approval (see LAG chapter 24). The CITY shall be responsible for obtaining all required permits and approvals. 7. No Right of Way (R/W) action shall proceed without concurrence from the WSDOT Local Agency Right of Way Coordinator. The CITY shall follow current WSDOT approved R/W Procedures as described in the LAG (see LAG chapter 25). The LPE and WSDOT Local Agency Right of Way Coordinator shall be advised of all pre-R/W meetings. All acquisitions of R/W such as construction easements, donations, permits, etc. shall be certified by the CITY and the STATE. 8. The CITY shall forward the proposed advertisement for bids to the LPE for approval. Upon approval of the advertisement for bids and construction authorization from FHWA, the CITY may begin advertisement for bids (see LAG chapter 46). The CITY shall keep the LPE advised on any pre -award issues affecting the quality and timing of the contract. Any required addenda to the contract documents must be approved by the LPE before it is issued. 9. The CITY is required to utilize a Certified Acceptance agency or qualified CITY or consultant staff for construction management services. Experience and expertise administering and managing construction projects funded by FHWA in accordance with the Standard Specifications for Road, Bridge and Municipal Construction, the WSDOT Construction Manual, and the Local Agency Guidelines must be verifiable and acceptable. Your Project that utilizes FHWA funds will require significant effort to manage and provide all the documentation required by FHWA. Typically, the following construction staffing is needed: Not Applicable This staffing does not include materials testing technicians, materials lab services, or additional project inspectors for larger projects. One person may fill multiple roles if qualified. Adequate experienced staffing will help assure a successful federal aid project. The CITY shall obtain approval of construction management staff, including Project Manager, Field Engineer, Office Manager and Lead Inspector, from the LPE before construction funds will be authorized. 10. The CITY shall notify the LPE of the Bid Opening date and time. The CITY shall transmit to the LPE, the Engineer's Estimate, Bid Tabulations, UDBE Utilization Certificate and the UDBE Written Confirmation of the apparent low bidder. Upon approval by the LPE, the CITY may Award the Contract to the lowest responsive bidder (see LAG chapter 46). 11. Upon the CITY execution of the contract for construction, the CITY shall administer and inspect the Project in accordance with the contract documents, WSDOT Standard Specifications for Road Bridge and Municipal Construction, the WSDOT Construction Manual, the Local Agency Guidelines and all applicable state and federal laws (see LAG chapter 52). 12. Changes to the contract will be documented by change order as defined in the current edition of the WSDOT Standard Specifications for Road, Bridge and Municipal Construction Section 1-04.4 Page 241 of 440 Back to Agenda City of Port Orchard Project Administration Agreement Page 3 of 3 and consistent with the WSDOT Construction Manual. The CITY shall negotiate, and document all change orders. Written authorization (email) by the LPE of proposed change order work, except for emergency work, must be received by the CITY prior to proceeding with the work. Any work performed before receiving said authorization may be deemed ineligible for federal participation. Prior to obtaining the contractor's signature on any change order the CITY shall provide a copy of the change order to the LPE for review and concurrence, along with separate justification for the change and an independent estimate of price and working day impacts. A copy of all executed Change Orders shall be sent to the LPE. 13. The CITY shall schedule inspection of the Project by Local Programs and receive Local Programs comments prior to providing the final "punch list" to the Contractor (see LAG chapter 53). 14. If required by your grant, quarterly reports must be updated by the CITY before the 20th of March, June, September and December until the Project is complete and final bill is paid. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the parry's date signed last below. CITY OF PORT ORCHARD STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By: By: Robert Putaansuu, Mayor Date: Date: Page 242 of 440 Back to Agenda MWashington State P Department of Transportation Transportation Building 310 Maple Park Avenue S.E. P.O. Box 47300 Olympia, WA 98504-7300 360-705-7000 TTY.1-800-833-6388 www.wsdot.wa.gov December 23, 2020 Mr. Mark Dorsey City Engineer City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Citywide Street Lighting Study 2020 City Safety Selections Federal Funding Dear Mr. Dorsey: WSDOT is pleased to advise you that the above -mentioned safety project was recently selected to receive funding through the Highway Safety Improvement Program (HSIP). The federal funding is limited to the amount shown below: Citywide Street Lighting Study $36,000 Scope: See attached Project Summary — delivered as one contract. NOTE: Projects require a ten percent local match per phase (preliminary engineering/design, right-of-way, and construction) for all eligible federal expenditures. If the construction phase is authorized by April 30, 2023, then the construction phase is eligible for 100% funding (no local match required). Federal funds cannot be used as match for any phase. Scope and funding modifications are not allowed. In order to meet state and federal requirements, the following are required: ■ Project expenditures incurred before receiving notice from Local Programs of federal fund authorization are not eligible for reimbursement. ■ Please refer to the Local Programs webpage for detailed information, including: (http://www.wsdot.wa.gov/localprograms ✓ Local Agency Guidelines (LAG) manual for the requirements regarding programming, authorization, reimbursement, etc.; ✓ Projects utilizing federal funds must be included in your current Transportation Improvement Program (TIP) as a complete programmed project. Once your TIP amendment is approved, WSDOT will amend the Statewide Transportation Improvement Program (STIP); ✓ Funding and billing forms; ✓ Quarterly Project Reporting is required to be completed by the end of March, June, September, and December each year. To access the database, you will need an account name and password. Your account name is Port Orchard and your password is PorOr576. The password is case sensitive. If the project is not actively pursued or becomes inactive (23 CFR 630), the project is at risk of being cancelled, funds repaid and reprogrammed. Page 243 of 440 Back to Agenda Mark Dorsey City Engineer City of Port Orchard Citywide Street Lighting Study December 23, 2020 ■ FHWA requires that all projects are ADA compliant upon completion or the federal funds must be repaid. As a reminder, Local Programs requires all agencies to submit monthly progress billings to ensure timely reimbursement of eligible federal expenditures. For assistance please contact Bryan Dias, your Region Local Programs Engineer, at 360.357.2631. Sincerely, 54 Kyle R. McKeon Interim Director Local Programs KRM: st: sas cc: Kelly McGourty, Transportation Director, PSRC Bryan Dias, Olympic Region Local Programs Engineer, MS 47440 Page 244 of 440 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7F Adoption of a Resolution Approving a Contract with Skillings, Inc. for the Bethel and Lincoln Intersection Roundabout Project Design Phase and Documenting Procurement Procedures Meeting Date: Prepared by: Atty Routing No. Atty Review Date Back to Agenda February 9, 2021 Mark Dorsey, P.E. Public Works Director 366922.0009 — PW February 3, 2021 Summary: On December 7 and December 14, 2020, the City's Public Works Department published a Request for Qualifications (RFQ) for the design of the Bethel & Lincoln Intersection Roundabout Project. By the December 28, 2020 deadline, the City received three (3) Statements of Qualification (SOQ). Upon review by staff of the SOQ received, all three (3) qualified firms were subsequently interviewed on January 5 and January 6, 2021, and based upon overall qualifications, including interview scoring, the Staff recommends the selection of Skillings, Inc. as the most qualified professional for the Project. Public Works Staff then met with Skillings, Inc. to negotiate the terms of an agreement for the Project. On February 1, 2021, upon completion of the Bidder's Checklist, Skillings, Inc. provided a viable Scope of Work, Budget and Project Timeline for the Project, in an amount not to exceed $537,454.00. The Total Project Cost Estimate submitted by the Public Works Department is $2,738,750, excluding city staff time. The Awarded Grant Amount of $1,500,000 is specifically for the Construction Phase of this Project, and requires a 10% match for all eligible federal expenditures. As this Project was not yet anticipated for work in the immediate future but included within the Tier 2 TIP 2.04 Bethel Corridor Phase 5A Project, the 2021-2022 Biennial Budget did not allocate funding for this project. Please see below for a summary of anticipated costs and the proposed funding strategy: Engineering Design Phase: $461,250 Right -of -Way Acquisition Phase: $135,000 Construction Phase: $2,142,000 Total: $2,738,750 The anticipated locally funded portion of this Project is to be paid from Transportation Impact Fee's and/or other eligible funding sources, if needed. The Public Works Department is proposing to re- allocate the $500,000 identified within the 2021-2022 Biennial Budget from the Tier 1 TIP 1.3 Bethel/Sedgwick Phase 1- Design 30% Project and pause that project. The Public Works Department is proposing to use the re -allocated local funds for the Engineering Design and Right -of -Way Phases of the Tier 2 TIP 2.04 Bethel Corridor Phase 5A Project. Additionally, the City will need to re -allocate or appropriate additional funding for this project in the amount of — $38,000 to fully fund this effort during the mid -year review and/or the during the first biennial budget amendment for the biennium. Page 245 of 440 Back to Agenda Staff Report 7F Page 2 of 2 Relationship to Comprehensive Plan: Chapter 8 — Transportation (included as a portion of Tier 2 TIP 2.04 Bethel Corridor Phase 5A Project) Relationship to Comprehensive Plan: Chapter 8 — Transportation (being a portion of TIP 2.04 Bethel Corridor Phase 5A Project) Recommendation: Staff recommends adoption of Resolution No. 014-21, thereby approving and authorizing the Mayor to execute Contract No. CO29-21 with Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project Design Phase in an amount of $537,454 and documenting the Professional Services procurement procedures. Motion for Consideration: I move to adopt Resolution No. 014-21, thereby approving and authorizing the Mayor to execute Contract No. CO29-21 with Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project Design Phase in an amount of $537,454 and documenting the Professional Services procurement procedures. Fiscal Impact: —$1.5 million Federal Grant —$1.3 million of local Transportation Impact Fee's Attachments: Resolution No. 014-21, Contract No. CO29-21, and Skillings, Inc. Proposal (dated 2/1/2021). Page 246 of 440 Back to Agenda RESOLUTION NO. 014-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. CO29-21 WITH SKILLINGS, INC. FOR ARCHITECTUAL AND ENGINEERING SERVICES FOR THE BETHEL & LINCOLN INTERSECTION ROUNDABOUT PROJECT AND DOCUMENTING PROCUREMENT PROCEDURES. WHEREAS, on December 7 and December 14, 2020, the City of Port Orchard Public Works Department published a Request for Qualifications (RFQ) for Architectural and Engineering Services for the Bethel & Lincoln Intersection Roundabout Project; and WHEREAS, by the December 28, 2020 deadline, the City's Public Works Department received three (3) Statements of Qualification (SOQ) from qualified firms; and WHEREAS, after staff reviewed the SOQs received, the City's Public Works Department interviewed all three qualified (3) firms on January 5 and January 6, 2020; and WHEREAS, based upon overall qualifications inclusive of interviewing scoring, the City's Public Works Department selected Skillings, Inc. for the Project award and then met to negotiate a contract and the Project Understanding (Scope, Budget and Timeline); and WHEREAS, on February 1, 2021, Skillings, Inc. provided the City's Public Works Department with a viable Proposal; and WHEREAS, upon completion of the Bidder's Checklist on February 1, 2021, the City's Public Works Department recommends the City Council approve of Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves of and authorizes the Mayor to execute Contract No. CO29-14 with Skillings, Inc. for the Bethel & Lincoln Intersection Roundabout Project. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. Page 247 of 440 Back to Agenda Resolution No. 014-21 Page 2 of 2 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 911 day of February 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 248 of 440 Back to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 9th day of February 2021, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and Skillings, Inc., a corporation, organized under the laws of the State of Washington, doing business at: Skillings, Inc. 5016 Lacey Blvd. SE Lacey, WA 98503 Contact: Michael Horton, P.E. Senior Project Manager (hereinafter the "CONSULTANT") Phone: 360-491-3399 Email: mliorton@skillings.coin for professional services in connection with the following Project: Bethel & Lincoln Intersection Roundabout Design & Right -of -Way Phase TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibits "D-1, D-2, G-1, G-4 & G-5." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibits "D-1, D-2, G-1, G-4 & G-5" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. City of Port Orchard and Skillings, Inc. Public Works Project No. PW2021-002 Professional Service Agreement Contract No. CO29-21 1 of 10 Page 249 of 440 Back to Agenda B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on February 9, 2021 ("Commencement Date") and shall terminate June 30, 2022 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. 11 Compensation. LUMP SUM. Compensation for these services shall be a Lump Sum of $ x TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $537,454.aU without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit " " ❑ OTHER. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. City of Port Orchard and Skillings, Inc. Public Works Project No. PW2021-002 Professional Service Agreement Contract No. CO29-21 2of10 Page 250 of 440 Back to Agenda 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall City of Port Orchard and Skillings, Inc. Public Works Project No. PW2021-002 Professional Service Agreement Contract No. CO29-21 3of10 Page 251 of 440 Back to Agenda be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, City of Port Orchard and Skillings, Inc. Public Works Project No. PW2021-002 Professional Service Agreement Contract No. CO29-21 4of10 Page 252 of 440 Back to Agenda inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liabilily insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liabili1y insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. City of Port Orchard and Skillings, Inc. Public Works Project No. PW2021-002 Professional Service Agreement Contract No. CO29-21 5of10 Page 253 of 440 Back to Agenda 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage City of Port Orchard and Skillings, Inc. Public Works Project No. PW2021-002 Professional Service Agreement Contract No. CO29-21 6of10 Page 254 of 440 Back to Agenda The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 CONSULTANT Patrick Skillings Principal 5016 Lacey Blvd. SE Lacey, WA 985098503 Phone: 360-491-3399 Email: mhorton skillin s.com 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severabilit3L The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or City of Port Orchard and Skillings, Inc. Public Works Project No. PW2021-002 Professional Service Agreement Contract No. CO29-21 7of10 Page 255 of 440 Back to Agenda unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and City of Port Orchard and Skillings, Inc. Public Works Project No. PW2021-002 Professional Service Agreement Contract No. CO29-21 8of10 Page 256 of 440 Back to Agenda instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor ATTEST/AUTHENTICATE: Lo Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and Skillings, Inc. Public Works Project No. PW2021-002 Professional Service Agreement Contract No. CO29-21 By: Name: Title: 9of10 Page 257 of 440 Back to Agenda APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: ■ Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; ■ The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); ■ Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Skillings, Inc. Public Works Project No. PW2021-002 Professional Service Agreement Contract No. CO29-21 10 of 10 Page 258 of 440 Back to Agenda 2 PROJECT ADMINISTRATOR r4 INSPECTOR 2 MAN SURVEY CREW 1 MAN SURVEY CREW SURVEY DRAFTER SURVEYOR 1n Ln SURVEY MANAGER N N N � COMMUNICATIONS SPECIALIST COMMUNICATIONS MANAGER TECHNICIAN STAFF SCIENTIST PROJECT SCIENTIST ENVIRONMENTAL MANAGER ENGINEER PROJECT ENGINEER SENIOR PROJECT �0 N N r-4 MANAGER N VNl PRINCIPAL -IN -CHARGE U 10 C in pa. 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Gi w 0 > i+ ®M v m a op � N0 m� -��c Z C a i EV �uv CN O �' ENWoc p OLn v+� - -0 14 C '' N OO oCn1_ont_ 0 C C N CN a C fa 7 a) LE aQ Z a Z O C 7 aa O aW 41 a N YO +d+ p y O Q)ZXJ au ¢ ¢� u¢ac�LL va>) ra W 0 ui Y Yk Ln lD N .-i N enc-I N N m � = CLL m F �--1 [g �i .-I N m RtLh Ln 0 o L .D N a 60 c z t ' a o m c 0 0 a c J cz v L (D In rn 0 0 Lo a) na m a Page 264 of 440 Back to Agenda PROJECT ADMINISTRATOR INSPECTOR 2 MAN SURVEY CREW 1 MAN SURVEY CREW SURVEY DRAFTER SURVEYOR SURVEY MANAGER COMMUNICATIONS SPECIALIST COMMUNICATIONS MANAGER TECHNICIAN STAFF SCIENTIST T-F PROJECT SCIENTIST ENVIRONMENTAL MANAGER ENGINEER00 00 PROJECT ENGINEER N v 00 00 00 00 N r-i SENIOR PROJECT MANAGER PRINCIPAL -IN -CHARGE N H w w -o C A O > ha 7 > +w+ a O 3 � v o _v �_ 'L Q) �, v O❑ Y Z v 7 1 O i I C O• w w > C' 7 O V V C i^ O w Vw1 Z^ Q ++ vi O } 4+ a v o m -. � Ln� -0 m C f w E U s o Q) Y 3 ~ !n f0 X `1 C o CS O +, O w 0 3 C 'o m `° °u eo aa)i c 0 Y a`0i °� Z C 'n +' m t -0 �n *' u •� w ` cx w ++ - Q O •00 vO Z pru Z O C v u +� O O. a .- w= p H O> 07 m - o vOi -C a�i 0 to +, w u �0 YO p_ V; oc H o o u w u C C O or a -- 0 c o f E °u' 0 3 U O ++ .•i CC O O Z W ® O �, C 7 i1 O �n +�+ -.1[ C w m� O •a'—+—,, + `� tLo V1 C�� t�l CO a� w C -O w C N� •� N J p 0 3 f° 'ii 0 3 0 0 u 3 °° r0 y w a ,� c L v v T E p w p oc p Z O Z x N o o C v w '> O 0 ;� c m w '> v a° w '> c L w w v 00 a°. w w `o c m a co +� a m +� wLn O u Gj m u J H u m Cr s E u oaj aw' °u ¢= a e�r� v� °u °u a s 'o o o a v LL W O W he — } = d U A Ln l0 I, 00 E M rn r-I N m 0 m F 0 0 a � J 0) 0 0 n m m IL 00 N W w L Cu m Page 265 of 440 Back to Agenda PROJECT ADMINISTRATOR INSPECTOR 2 MAN SURVEY CREW 1 MAN SURVEY CREW SURVEY DRAFTER SURVEYOR SURVEY MANAGER COMMUNICATIONS SPECIALIST COMMUNICATIONS MANAGER TECHNICIAN 000 STAFF SCIENTIST PROJECT SCIENTIST ENVIRONMENTAL MANAGER ENGINEER v N 00 00 000 00 PROJECT ENGINEER N N ct v N N N SENIOR PROJECT 0 r-i N 00 MANAGER PRINCIPAL -IN -CHARGE N v c .n 30 4, i Y O C m m vi 00 u �? c c0 m () u o Ln m -C c N O m m O C > C u L CC C Q i m C C a) a E bn -p m m a`) a v a) .v C m m •L m Ln c w u o +. Q > C m a Q - O_ N O C m 7 w g ZO ° C �, N 00 O N C Q C( t N O v O L c p Z O -0 m a) m E 3 Ln 'N c.N •VI ++ 00� '° 4! 'Lu as �j L m � m W O su m ht3 Ccu ON � a H m v T o o- 00 �n c-6° a E m c o E 'n o c E c m o a m y i0 Q J V1 Z a m L,, +.+ C a) — J E a) m -0 C 0a d �n U O E .� w ,, o Ln v ;� m s' O_ C O_ -0 c � C H H _V O- a) N -° o w C ++ a) Y 0 U Y 0 o0 (°j im., X N ,0 0 0 Z w M E 3 C ,n _c ° a) m m a) Q o a ° o `^ a) m O a° v .- m `� -' C 'n �' p' '� +° o o E m E 3 �' 3 vi �n �' 3 �' ° �' c a v > E ar c p G1 z O z x N Cr` u v m c (u �° +� u E u �° E v a) cn= u m v° m *' m m o v m O 0 c o `o a¢ Q w ° V)i o °u D u o o 0 o a ¢° m a Cu 8- z° aai a s u° a¢ Q o a a` u LL J tae p 2 Y a m u ° v .- m Ln m rl 00 rn o u L; ti m o 0 t ry u m O c z 0 u 0. z a) c 0 0 a C J m w 0 00 Cu m a- W Page 266 of 440 Back to Agenda PROJECT ADMINISTRATOR INSPECTOR 2 MAN SURVEY CREW 1 MAN SURVEY CREW SURVEY DRAFTER SURVEYOR SURVEY MANAGER COMMUNICATIONS SPECIALIST COMMUNICATIONS MANAGER TECHNICIAN N C) N STAFF SCIENTIST PROJECT SCIENTIST ENVIRONMENTAL MANAGER ENGINEER N N 00 00 N 00 N PROJECT ENGINEER N N N N ry N N l0 N ct N N SENIOR PROJECT W r, N N r, MANAGER PRINCIPAL -IN -CHARGE 0 O Y 0- 0vi aJ0 C) 0 ajO dD Y > 3 v c v fO v QL m m c °�° -0 f- ar au c +� v m a +� v U E E c `ma 0/ v a Y E m •> ar 3 a) 0 O 0 > v .0 v E E-0 = +� a �; C o }; LL, u 0 a+ ,� E Ln 00 Z a ° n + o a `o 2 -00 � 2 m `�° u o- c Q C U m +• C -O 00 3 0 o Z c 0 m c z 3 m v aUi 3 cCo E °' c v c 1O Q o G O D N Ln m s v a a; E L, no c m m o C a)W `—° ~ 0 v�i o 3 a�i a v' w° o U E s 0 cLo c`0 0 v, L11 +� O O aci � - O_ CL _ o +' 0 Cn O al U OJ 1Ln 0 ••� 6J am-� C — O 'n m E Lu oiJ `� \ C o0 a1 +� c 0 m C 0 O m 7 O O 0 U m m o N LL a v1 a) U- Y m m Z !VA 7 L m m 1 U V1 I.L r-I C( H C N O C c c aJ '^ o0 E V1 d aj V) Q a.% a; a� -O v v v v O w m c aJ m E O o: 0 z O z Y +� E C E a� v a 0 C u o N C m L 0 0 a, 0 m 0 w 06 m a a, m 0. v m a v m m m a a, o m+ 0_ v C a 0 '^ a v 0 o u a E LL Q H 0 m-0 = v a =v, a a a a a a a o v l7 U v cn r4 a` ,i can v° W O W '"� N M m U Ln 1p ^ m -0 U -0 00 � = wW au m Y Q Ln Ln m 0 L L N m 0 0 C z 0 u a° w v c M 0 0 m m ,o a ID C V, N QJ CO Page 267 of 440 Back to Agenda PROJECT ADMINISTRATOR INSPECTOR N 2 MAN SURVEY CREW 1 MAN SURVEY CREW SURVEY DRAFTER SURVEYOR SURVEY MANAGER COMMUNICATIONS SPECIALIST COMMUNICATIONS MANAGER TECHNICIAN LD W N STAFF SCIENTIST PROJECT SCIENTIST ENVIRONMENTAL MANAGER ENGINEER N r° 00 00 N N 00 N N PROJECT ENGINEER v N N 't 00 v v N N N SENIOR PROJECT 00 ,1 N N MANAGER PRINCIPAL -IN -CHARGE N vu C �, a, o 0 0_ 3 — o 3 U C �, m + C L aj o H O aJ -0> C v a�i +� p o v E hi do LA C m o- v c > > co v c m 4. u E in ar 3 0 3 '^ p ca o u Cf a) O y a u > ' O p u l7 E � do E a) 1 c C o o z +• U w +; ar m u op = E fO m Z 3 I o c m __ 'O 0 cco U t +_� +� co '^ -0 -0 � al � n o �' � f0 z > u 5 C 3 �o as v °C° 3 0 a m m c a Lu v a c`o CL In Q Z a '_ c a— 0 y E v p a c v= c v 0 0- aJ u Ln U -1 E O v v� c rho afO.. Ln 0 O O c O +� aJ ca W v ++ O U E > O v W LL p �c y C° c rl U O O Z W aN+ �+ U U C }+ f9 +�+ 'n +m C C p 0� [`0 U Y �; Q C p ��,, C W V d> +p N E N Q p ? 0 1 v c c m ar OU E 0 a� vl d a u a H Q o Cl aJ v a H- - Q `� ' V aJ c v j o m +, v 0- c O` G z Z Y a L 0 -0 -u c E N v o\° 0 o in a a) E -0 a, a Q) u Y E E '> a V J H 0 U u 0 d u cn = U G 0 U d U C d U ,n 3 m" CL �'i v U to +r+ U w LL W Q W Y i In w !0 -0 a u m c Ll W C Y N Page 268 of 440 Back to Agenda PROJECT ADMINISTRATOR INSPECTOR N 2 MAN SURVEY CREW N 1 MAN SURVEY CREW 0 m SURVEY DRAFTER O0 On SURVEYOR eN.i SURVEY MANAGER Ln COMMUNICATIONS SPECIALIST `i COMMUNICATIONS p MANAGER N TECHNICIAN 00 w rq a STAFF SCIENTISTLn n PROJECT SCIENTIST 0 ENVIRONMENTAL MANAGER a ENGINEER 'r oo w PROJECT ENGINEER oo N 00 -t N rH 0000 N SENIOR PROJECT N -4 N N N N a -I n MANAGER N 00 PRINCIPAL -IN -CHARGE P c •'-" o 0 m v o Y +� v a Q v 3 y N o 0 O u O V +' c v v 1 m Q c o 0, + ,n v a E ° c m ul Cr p Z Ln Y C G, N 3 N G/ VI ++ C of 0 {"1 L �n i p ++ ,N to f0 W Z u° E a a m 3 Q a O � a O E E 3 � m v a� 2 > v aa,, 00 0 00) 'c aj o u Q O °1 d= E c •3v Q O m o c L 01 a Or v u '^ p ,n 2J Ln u V cc u y p i C �_ O $ c`9 W 0t X +1 tw v+� C-0 V C +, Q m u C: f0 f0 Z W C 0 Z N W p U 3 m E ,� C. a m - +2 a; v 4i v v o c C a 3 v v d H OO~C p Y G, v O Y v, v >>> ,n t)D c� L, a, ro u a cy a>:2 N O o_ ® O a c m® Q a p z O z �^ H m E o a .v 0, o v o ar 41 0, v ` O GaQ LL J 0c,n�mz mum OX,a` as a`m w a m Q < a a 2 W O W Y w L= W Q Yi Il 00 lO a --I r6 U G, 00 t a u m Cl) 0 0 ti m a 03 Page 269 of 440 Back to Agenda EXHIBIT D-2 CONSULTANT COST COMPUTATION — SUMMARY NEGOTIATED HOURLY RATE (NHR): Classification Man Hours x Rate = Cost PRINCIPAL -IN -CHARGE 8 X $265.00 = $2,120.00 SENIOR PROJECT MANAGER 276 x $256.00 = $70,656.00 PROJECT ENGINEER 281 X $217.00 = $60,977.00 ENGINEER 660 x $145.00 = $95,700.00 ENVIRONMENTAL MANAGER 49 X $152.00 = $7,448.00 PROJECT SCIENTIST 105 X $115.00 = $12,075.00 STAFF SCIENTIST 172 X $101.00 = $17,372.00 TECHNICIAN 442 X $121.00 = $53,482.00 COMMUNICATIONS MANAGER 20 X $226.00 = $4,520.00 COMMUNICATIONS SPECIALIST 14 x $168.00 = $2,352.00 SURVEY MANAGER 51 X $204.00 = $10,404.00 SURVEYOR 122 x $135.00 = $16,470.00 SURVEY DRAFTER 98 X $81.00 = $7,938.00 1 MAN SURVEY CREW 80 X $135.00 = $10,800.00 2 MAN SURVEY CREW 27 x $256.00 = $6,912.00 INSPECTOR 24 X $131.00 = $3,144.00 PROJECT ADMINISTRATOR 12 x $131.00 = $1,572.00 Total Hours = 2441 Total NHR =L S383,942.00 REIMBURSABLES: Mileage 2,600 X $0.560 = $1,456.00 Miscellaneous Expenses $5,550.00 X 10% _ $6,105.00 Total Expenses= L ti7,561.00 SUBCONSULTANT COST (See Exhibit E): Aspect $32,100.00 x 0% _ $32,100.00 TSI $65,601.00 X 0% - $65,601.00 Tierra Row $26,365.00 X 0% - $26,365.00 Tierra Cultural Resources $9,572.00 X 0% _ $9,572.00 APS, Inc. $12,313.00 X 0% - $12,313.00 Total Subconsultants = Sj4.5,959.00 SUB -TOTAL (NHR + REIMBURSABLES + SUBCONSULTANTS): Sub Total= $537,454 OO+ MANAGEMENT RESERVE FUND: SUB TOTAL = $537,454.00 x = MRF= GRAND TOTAL GRAND TOTAL = =$537,454 PREPARED BY: DATE: REVIEWED BY: Mike Horton, PE DATE: 1/29/2021 Skillings, Inc. Page 12 of 19 Project No. 20155 Port Orchard Bethel & Lincoln Roundabout Page 270 of 440 Back to Agenda EXHIBIT D-3 CONSULTANT COST COMPUTATION - EXPENSES Item Description Basis Quantity Rate Total 1 Telephone Month Each $0.00 2 Auto Rental $0.00 3 Lodging Day $0.00 4 Per Diem -Meal Day $0.00 5 Photo Copies - Blk & White Each $0.10 $0.00 6 Photo Copies - Color Each $0.35 $0.00 7 Half Sized Prints Each $0.50 $0.00 8 Full Sized Prints Each $6.00 $0.00 9 Postage Month $0.00 10 Shipping Month $0.00 11 FAXs Each $0.00 12 Miscellaneous Project Costs Month 12 $175.00 $2,100.00 13 Miscellaneous Survey Costs Estimated 1 $400.00 $400.00 $0.00 14 Traffic Control Estimated 15 5 Title Reports Estimated $610 per report $3,050.00 Total Miscellaneous Expenses $5,550.00 Mileage Per Mile 2600 0.560 $1,456.00 Total Expenses $7,006.00 Assumptions 1 Telephone Estimated 2 Auto Rental Estimated trips 3 Mileage Estimated miles Total 26 rouncitrips @ 100 mi/trip 4 Lodging 5 Per Diem -Meal 6 Photo Copies - Blk & White Estimated 7 Photo Copies - Colored Estimated 8 Half Sized Prints 9 Full Sized Prints 10 Postage Estimated 11 Shipping Estimated 12 FAXs Estimated 13 Miscellaneous Project Costs Estimated 14 Miscellaneous Survey Costs Estimated 15 Purchase Order Estimated Prepared by: Mike Horton, PE 1/29/2021 Skillings, Inc. Page 13 of 19 Project No. 20155 Port Orchard Bethel & Lincoln Roundabout Page 271 of 440 Back to Agenda EXHIBIT G-1 SUBCONSULTANT COST COMPUTATION — SUMMARY ASPECT CONSULTING LLC Task _ As ect Labor Subs/ODC's Total Site and Geologic Reconnaissance $2,000 $100 $2,100 Drilled Soil Borings $5,000 $14,000 $19,000 Assign and Review Laboratory Testing $1,000 $2,500 $3,500 Geotechnical Analyses and Reporting $10,500 - $10,500 Geotechnical PS&E Coordination and Support $3,000 - $3,000 Project Management & Contract Administration $3,000 - $3,000 TOTALS: $24,500 $16,600 $41,100 Note: Subs and ODCs include drilling subcontractor, traffic control subcontractor, utility locating subcontractor, lab testing, vehicle, GPS Skillings, Inc. Page 14 of 19 Project No. 20155 Port Orchard Bethel & Lincoln Roundabout Page 272 of 440 Back to Agenda EXHIBIT G-2 SUBCONSULTANT COST COMPUTATION — SUMMARY TIERRA RIGHT OF WAY LTD Labor Classification Direct Billing Rate Estimated Hours Total Total Amount RFE Preparation, 2 TCE, Cert Prep Division Director $ 175.00 1 $ 175.00 ROW Division Manager $ 160.00 10 $ 1,600.00 Project Manager $ 145.00 60 $ 8,700.00 Senior Right of Way Agent $ 125.00 80 $ 10,000.00 Right of Way Agent $ 110.00 0 $ - Right of Way Technician $ 95.00 18 $ 1,710.00 Administration Project Coordinator $ 95.00 26 $ 2,470.00 Editor $ 85.00 0 $ - 195 $ 24,655.00 Direct Reimbursables Travel (Mileage) Miles $ 0.56 250 $ 140.00 Travel (Lodging) Night Night $ - 0 $ - Travel (Meals) Daily $ - 0 $ - Postage Total $ 7.50 8 $ 60.00 Toll Each trip $ 7.00 0 $ - Reproduction-8.5"x11" Pages $ - 0 $ - File Folders Each $ 5.00 2 $ 10.00 Appraisal 2 AOS $ 750.00 2 $ 1,500.00 Appraisal Review $ 1,710.00 Total Direct Salary Cost Total $ 24,655.00 Direct Reimbursables Total $ 1,710.00 Total Maximum Amount Payable $ 26,365.00 Task Order Total Maximum -Rounded) $ 26,365.00 Skillings, Inc. Page 15 of 19 Project No. 20155 Port Orchard Bethel & Lincoln Roundabout Page 273 of 440 Back to Agenda N O N N T- O > U 7 -2 Q Nm _ C � 7 0) m C O 0 LU 2 D:U U) N Y � N Lu U CO > m L 0 z N > 3 c J Z ¢ c w ¢ m > U) QQ U' Y Y 2 Z w it c C W > > N m V C 0 7 O U) C O a W C U) O O O O O V Y O T N r H O M 7 O 2 Y 0 O eD cc N w H O O U') Go T (O O H3 O C) L6 O O O O O 'O M V 00 O N � N N V} O 00N a0 0D It N a0 tt O LC) Col U) 0 N N OO O 0 0 Lri N O 00 O 00 00 +J} CDJ ` M 00 f CW0 OD 00 CN r Nt N N N l N 4 Ln 0 N 6 z N 0 a rn 0 to ti Cu 00 m 0. O) z U > = � — C O t C CLL zLLI t u 00 f0 H C m O 0 v1 ZC O O C O Cp O J 3 oc �+- ar w L (Ua a a v- z E U z m 0 J O E m Ln' E a u E Cu o m O m E wc w o o o c oOc o o? O 3�Ln Y r " ++ Y u °° o v °° 4- 40 a v a) ° Cu Cu °c Q o° (A> o w o> o o w . L Cu H u o H 0 Lu u 0 u Lu u wa>) m cc cc 00: a>i w a Ca Back to Agenda CD d 0 q q � � k � � � S m A $ k > % g = in = _ k k � ) o o < &� \ q E § k 2 w = _ _ CD 0 0 \ �§§f\ m / 3 �. g m Q o © CO > 2 E M z.92 wa= w m w 00 It 04 CO C14 C14 q 047 fkcc 0 of CO m K } z wCO < § <Ca � o o C4 o00 > I m S $f) \ r q C _ w ® ©� § 0 [ o R 0 m 0 :� E $ 2 $ / a w » m � (a @ w m ® ee6 c 0 tio > > © % . ■ ( ( § C 2 § § -0 w 0 W t \ w e k ° 0 L 2 c ° 0 _ 2' _ 2 § 2 CA_ 0 § m a a , -0 Z I - 2 2 2 I mc�£� w � c�a' \ k \ 0 \ $ \ $CL / / $ > > a ' ' G ' o > Cu o S 2ƒ 2 2-1 w CL 0 Back to Agenda Z O H H l7 a m O = u X H W O u H Z Q J H Z O u CO EA 0 0 0 0 0 0 0 .w� Ln C1 M C1 O1 u M w 100 Nin401. O O O O O O O .^-1 V M Ln V% N O C Q �p Lm 00 O N O O LD C Q � O O . O G O O v* v► +i* +^ Ln Vin O O �= ui O O O O LO LD W Ca iA O O O O 00 00 , 44 4j,)- O Ln o O rN-I O O W v} O 0 d lOD � Cp0� N Q! a I re - tkO •O 00 d o 0) Lri O °° 0 M LM d V � Q • � O 0 O O O O O Q f• N 00 i!�- a c d N O O 00 00 O O O O OLn Ln C LM Ln N N N V'j- in A dN LD O N O N r4 CD f0 A 41 C GJ 4. 7 v O `7 OboC Q d = c 70 Q) l7 W W LLQ 7 O) O 7 U d0 -M a m v" Y a- COLL a- CC in e-1 rl -4 r 4 w a --I O O O O O O N O O O N N r-I i/} in to r l c-I ri Ln -U). 4A. 01 �o 0 H w o f0 E Vb O N j:r C W !0 it LD O W Ln 10 O An YI N N Ln Ln O N O Z u v 0 it 0) c-I 0 O 00 Cu m a 06 Page 276 of 440 Back to Agenda EXHIBIT G-5 SUBCONSULTANT COST COMPUTATION — SUMMARY APS, INC. POT -HOLING SERVICE PROVIDED COST/ UNIT EST. HRS/UNITS TOTAL COST VACCUM TRUCK (portal to portal) $ 295.00 18 $ 5,310.00 PROJECT COORDINATION $ 100.00 10 $ 1,000.00 TRAFFIC CONTROL PLANS $ 125.00 1 $ 125.00 PER DIEM $ 300.00 1 $ 300.00 SEWER LOCATES $ 205.00 8 $ 1,640.00 PERMIT FEE (plus 10%) $ 250.00 1 $ 275.00 FLAGGING & TC (plus 10%) $ 185.00 18 $ 3,663.00 TOTAL PROJECT ESTIMATE $ 12,313.00 Skillings, Inc. Page 19 of 19 Project No. 20155 Port Orchard Bethel & Lincoln Roundabout Page 277 of 440 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7G Adoption of a Resolution Approving a Meeting Date: Prepared by: Contract with Transportation Solutions, Inc. for the Third -Party Transportation Atty Routing No: Concurrency Review Project and Atty Review Date Documenting Procurement Procedures Back to Agenda February 9, 2021 Mark Dorsey, P.E. Public Works Director N/A N/A Summary: on January 8, 2021 pursuant to RCW 39.04.155, the City's Public Works Department established a list of qualified contractors from the 2021 Consultant Roster for the Main Category — Design & Planning, Engineering Services and Sub -Category — Design Guidelines, Development Regulation, Codes, & Zoning, Land Use Planning, Multi -modal Transportation Planning and Analysis, Roadway, Bikeway and Walkway Design, Traffic Counts/Data Collection, Traffic Operations Simulation Modeling, Travel Demand Modeling, Pedestrian Path/Facilities Planning and Design, Roundabouts Planning and Design, Transportation/Traffic. After staff reviewed, scored, and ranked the qualifications of 5 consultants (Fehr & Peers, Gray & Osbourne, Lochner, Parametrix and Transportation Solutions Inc.) selected from the roster, the City's Public Works Department awarded the contract to the highest-ranking firm, Transportation Solutions Inc. Public Works Staff then met with Transportation Solutions Inc. to discuss, clarify, and develop the Project Understanding. On January 27, 2021 the City received a defined Scope of Work, Budget and Project Timeline for the Project, in an amount not to exceed $75,000.00. Recommendation: Staff recommends adoption of Resolution No. 012-21, thereby approving Contract No. CO26-21 with Transportation Solutions Inc. for the Third -Party Transportation Concurrency Review Project in an amount not to exceed $75,000.00 and documenting the Professional Services procurement procedures. Relationship to Comprehensive Plan: N/A Motion for Consideration: I move to adopt Resolution No. 012-21, thereby approving Contract No. CO26-21 with Transportation Solutions Inc. for the Third -Party Transportation Concurrency Review Project in an amount not to exceed $75,000.00 and documenting the Professional Services procurement procedures. Fiscal Impact: N/A Attachments: Resolution No. 012-21, Contract No. CO26-21, and Transportation Solutions Inc. Proposal (dated 01/27/2021). Page 278 of 440 Back to Agenda RESOLUTION NO.012-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. CO26-21 WITH TRANSPORTATION SOLUTIONS INC FOR THIRD PARTY TRANSPORTATION CONCURRENCY REVIEW AND DOCUMENTING PROFESIONAL SERVICES PROCUREMENT PROCEDURES. WHEREAS, on January 8, 2021, pursuant to RCW 39.04.155, the City's Public Works Department established a list of qualified contractors from the 2021 Consultant Roster (see Resolution Exhibit A attached) for the Main Category — Design & Planning, Engineering Services and Sub -Category — Design Guidelines, Development Regulation, Codes, & Zoning, Land Use Planning, Multi -modal Transportation Planning and Analysis, Roadway, Bikeway and Walkway Design, Traffic Counts/Data Collection, Traffic Operations Simulation Modeling, Travel Demand Modeling, Pedestrian Path/Facilities Planning and Design, Roundabouts Planning and Design, Transportation/Traffic; and WHEREAS, after staff reviewed, scored, and ranked the qualifications of consultants selected from the roster, the City's Public Works Department awarded the contract to the highest- ranking firm, Transportation Solutions Inc.; and WHEREAS, upon completion of the Bidder's Checklist, the City's Public Works Department awarded the contract to the firm, Transportation Solutions Inc.; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves and authorizes the Mayor to execute Contract No. CO26- 21 with Transportation Solutions Inc. for the Third -Party Transportation Concurrency Review. 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 91" day of February 2021. ATTEST: City Clerk, Brandy Rinearson, MMC Robert Putaansuu, Mayor Page 279 of 440 Back to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 9th day of February 2021, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 And Transportation Solutions, a corporation, organized under the laws of the State of Washington, doing business at: 16392 Woodinville Redmond Rd NE, Suite A206 (hereinafter the "CONSULTANT") Woodinville, WA 98072 Contact: Andrew Bratlien, PE Phone:425-833-4134 Fax:425-867-0898 for professional services in connection with the following Project: Third party transportation concurrency review, reimbursed by development fees. TERMS AND CONDITIONS 1. Services by Consultant. A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession. B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibit "A" and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO26-21 1 of 10 Page 280 of 440 Back to Agenda 3. Terms. This Agreement shall commence on February 9, 2020 ("Commencement Date") and shall terminate February 12, 2021, unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. ❑ LUMP SUM. Compensation for these services shall be a Lump Sum of $ ❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $ without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit ❑ TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit X OTHER. Per Fee Schedule in attached scope of work. Not to exceed $75,000.00 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO26-21 2of10 Page 281 of 440 Back to Agenda national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. Rights Upon Termination. 1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO26-21 3of10 Page 282 of 440 Back to Agenda profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO26-21 4of10 Page 283 of 440 Back to Agenda 11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Automobile Liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO26-21 5of10 Page 284 of 440 Back to Agenda 4. Professional Liability insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: 1. The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO26-21 6of10 Page 285 of 440 Back to Agenda 14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 Victor Salemann, PE - Principle Transportation Solutions, Inc. 16932 Woodinville Redmond Rd. NE, Suite A206, Woodinville, WA 98072 Phone: 425-833-4134 Fax: 425-867-0898 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing parry shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO26-21 7of10 Page 286 of 440 Back to Agenda D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO26-21 8of10 Page 287 of 440 Back to Agenda Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above. CITY OF PORT ORCHARD, CONSULTANT WASHINGTON Robert Putaansuu, Mayor Name: Victor Salemann. PE ATTEST/AUTHENTICATE: Title: Principle Lo Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: Lo Charlotte A. Archer, City Attorney City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO26-21 9of10 Page 288 of 440 Back to Agenda APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally funded or not); • Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO26-21 10 of 10 Page 289 of 440 Back to Agenda Transportation Solutions .� p INNOVATIVE I PRACTICAL I EQUITABLE TO: K. Chris Hammer, PE, PMP City of Port Orchard FROM: Andrew L. Bratlien, PE SUBJECT: Transportation Concurrency Management Scope of Services Scope of Services January 27, 2021 This memorandum documents the scope of services for transportation concurrency management and traffic study peer review services for the City of Port Orchard. SCOPE OF SERVICES Transportation Solutions proposes a two-tier transportation concurrency management system which will provide permit applicants the option of using Transportation Solutions ("Full Review') or their own traffic engineer ("Limited Review") for concurrency analysis. Work tasks associated with each proposed transportation review tier are summarized below. Tier 1: Transportation Concurrencv Review ("Limited Review" 1. Confirm project understanding. Applicants will submit a transportation concurrency application which will contain the following information: Preliminary site plan, including proposed site access locations, off-street parking, frontage improvements, and on -site circulation, as applicable. b. Project description, including parcel numbers, zoning, existing uses, proposed uses, proposed quantity (number of dwelling units or gross square feet), construction phasing, and proposed off -site improvements, as applicable. c. Project trip generation forecast, including AM peak hour, PM peak hour, and daily trips, prepared by a licensed Professional Engineer. Transportation Solutions will review submitted trip generation forecast. 2. Input proposed use and trips to travel demand model. Project -generated PM peak hour trips will be input to the Port Orchard travel demand (Visum) model. The calculated trip assignment forecast will be used to develop the TIA scope described in the following step. Provide TIA scope to applicant. Transportation Solutions will prepare a scoping memorandum which includes: Project trip assignment figure/s generated by Visum model. These figures will identify project trips at all concurrency intersections with greater than 5 PM project trips. Pipeline "Without Project" intersection LOS models for all intersections with greater than 5 PM project trips. This forecast will include the cumulative growth associated with all permitted development excluding the project. The applicant's engineer will calculate 16932 Woodinville -Redmond Road I Suite A206 I Woodinville, WA 98072 1 425-883-4134 Page 290 of 440 Back to Agenda Transportation Solutions Concurrency Management Scope of Services I� 1'' January 27, 2021 INNOVATIVE I PRACTICAL I EQUITABLE Page 2 of "With Project" traffic forecast by adding project -generated trips based on the trip assignment figures provided in the preceding step. c. Description of any project -specific analysis requirements. The applicant's traffic engineer will prepare a TIA report based on the scoping memorandum and material provided by Transportation Solutions. The impact analysis will consider safety impacts (including review of five-year crash history in study area), site access operations, off- street parking, circulation, and queuing, as necessary. The TIA report should document the actions needed to achieve concurrency using the data provided by Transportation Solutions. 4. Review applicant -submitted TIA report. Transportation Solutions will provide a peer review of the applicant -submitted TIA report, reviewing analysis methods, assumptions, findings, and recommendations. Transportation Solutions will issue a concurrency approval letter or denial letter based on the findings of this review. Tier 2: Transportation Concurrence ("Full Review") 1. Confirm project understanding. Applicants will submit a transportation concurrency application which will contain the following information: a. Preliminary site plan, including proposed site access locations, off-street parking, frontage improvements, and on -site circulation, as applicable. Project description, including parcel numbers, zoning, existing uses, proposed uses, proposed quantity (number of dwelling units or gross square feet), construction phasing, and proposed off -site improvements, as applicable. 2. Gather traffic data necessary for review, including turning movement counts, parking demand data, queueing data, or trip generation data, as necessary. Data collection expenses will be charged directly, in addition to the transportation concurrency review fee. 3. Calculate project trip generation forecast based on Institute of Transportation Engineers Trip Generation Manual 10th Edition or other available data, as necessary. 4. Input proposed use and trips to travel demand model. Project -generated PM peak hour trips will be input to the Port Orchard travel demand (Visum) model. 5. Analyze transportation concurrency (GMA) impacts, analyzing all concurrency intersections citywide to identify cumulative impacts of new development trips. Identify intersection LOS deficiencies and mitigation projects which may be required to maintain systemwide concurrency. 6. Analyze localized (SEPA) traffic impacts. The impact analysis will consider safety impacts (including review of five-year crash history in study area), site access operations, off-street parking, circulation, and queuing, as necessary. Sight distance analysis will not be included in the SEPA review. 16932 Woodinville -Redmond Road I Suite A206 I Woodinville, WA 98072 1 425-883-4134 Page 291 of 440 Back to Agenda Transportation Solutions Concurrency Management Scope of Services I� 1'' January 27, 2021 INNOVATIVE I PRACTICAL I EQUITABLE Page 3of3 The SEPA analysis will identify any potentially significant adverse impacts and will provide mitigation recommendations, as necessary. 7. Summarize findings and recommendations in technical memorandum and issue a transportation concurrency approval letter or denial letter based on the findings of the review. REVIEW FEES Transportation concurrency review fees will be assessed on a fixed -fee basis according to the attached two-tier fee schedule. Developments which do not fit any of the categories in the attached fee schedule will be assessed a review fee based on the project's PM peak hour trip generation forecast. In some circumstances, it may not be possible to quickly develop a reliable project trip generation forecast for the purposes of developing a fee estimate (e.g. unique uses for which local trip data must be collected). In these circumstances, the transportation concurrency review fee will be assessed as a not - to -exceed task order. Services will then be billed on a time and materials basis. The City of Port Orchard will return any unspent budget to the applicant after completion of the concurrency review. SCHEDULE For Tier 1 concurrency reviews, Transportation Solutions will strive to maintain the following schedule: Provide TIA scoping memorandum to applicant within 1 week of receiving transportation concurrency application. • Provide concurrency approval/denial letter to City staff within 2 weeks of receiving applicant's TIA report. For Tier 2 concurrency reviews, Transportation Solutions will strive to maintain the following schedule: • Provide concurrency/TIA report and concurrency approval/denial letter within 3 weeks of receiving transportation concurrency application. Occasionally, staff availability and workload (including data collection vendor availability) may require a longer schedule. We will confirm our response time for each review at the time each application is received. Attachment 1. Transportation Concurrency Review Fee Schedule 16932 Woodinville -Redmond Road I Suite A206 I Woodinville, WA 98072 1 425-883-4134 Page 292 of 440 Back to Agenda Port Orchard Transportation Concurrency Review Fee Schedule -- Tier 1 "Limited Review" Formula 1 - SMALL Developments Formula: Total Fee - Base Fee + Rate per Unit * Development Units If calculated fee is MORE than $2,925, use formula for Large Developments instead (b) (c) Typical examples or Dev. (a) (a)+(b)+(c) Land Use Category Rate per Development indicators Unit Base Fee Total Fee Unit Size RESIDENTIAL Residential - living independent p g Single famiy, apartments, Du $675 $22.50 townhomes, condos Assisted living facilities Residents don't drive; bed $675 $5.60 caregivers are employed RETAIL BUSINESS Small Retail (<10KSF) Restaurants, banks, l000 sf $675 $224.70 mini -mart General Retail (10KSF-200KSF) Most stores, small shopping 1000 sf $675 $56.20 centers Large Retail (>200KSF) Most shopping centers, use other table use other table superstores Day care Child-care facilities 1000 sf $675 $56.20 Medical facilities Clinic, hospital, dental, 1000 sf $675 $56.20 veterinary Hotel, motel by size All types of room for rent 1000 sf $675 $22.50 Automotive services Gas station, car wash, quick vehicle ube, tire store position t If vehicle servicing is secondary to convenience market or fast food business, use small retail rate above for building space only NONRETAIL BUSINESS Office Workers at desks 1000 sf $675 $28.10 Industrial Workers on shop floor 1000 sf $675 $28.10 Education Schools, colleges 1000 sf $675 $28.10 Warehouse Storage with minimal employment 1000 sf $675 $5.60 OTHER Church, theater Large space used 1000 sf $675 $16.90 in off -hours Recreation bld g Health club, 1000 sf $675 $22.50 community center Movie theater Single- or multi -screen 1000 sf $675 $22.50 Recreation land Golf courrse, park acre $675 $5.60 Marina Moorage for boats slip $675 $3.35 Park & Ride Transit related car parking stall $675 $16.90 MAXIMUM No. of Units for this formula 100 400 10 40 N/A 40 40 100 40 80 80 80 400 133 100 100 400 667 133 SPECIAL CASES Not specified above Use rate per peak hr trip pk hr trip $675 $22.50 100 Fee schedule is based on typical trip generation rates, standardized across groups of similar land use categories Prepared by Transp8ffi9WS0JI6A9ns Inc. 1/27/2021 Page 1 Back to Agenda Port Orchard Transportation Concurrency Review Fee Schedule -- Tier 1 "Limited Review" Formula 2 - LARGE Developments Formula: Total Fee - Base Fee + Rate per Unit * Development Units If calculated fee is LESS than $2,925, use formula for Small Developments instead (b) (c) Typical examples or Dev. (a) (a)+(b)+(c) Land Use Category Rate per Development indicators Unit Base Fee Total Fee Unit Size RESIDENTIAL Residential - living independent p g Single famiy, apartments, Du $1,800 $11.25 townhomes, condos Assisted living facilities Residents don't drive; bed $1,800 $2.80 caregivers are employed RETAIL BUSINESS Small Retail (<10KSF) Restaurants, banks, 1000 sf use other table use other table mini -mart General Retail (10KSF-200KSF) Most stores, small shopping 1000 sf $1,800 $28.10 centers Large Retail (>200KSF) Most shopping centers, $1,800 $5.60 superstores Day care Child-care facilities 1000 sf $1,800 $28.10 Medical facilities Clinic, hospital, dental, 1000 sf $1,800 $28.10 veterinary Hotel, motel by size All types of room for rent 1000 sf $1,800 $11.25 Automotive services Gas station, car wash, quick vehicle ube, tire store position t If vehicle servicing is secondary to convenience market or fast food business, use small retail rate above for building space only NONRETAIL BUSINESS Office Workers at desks 1000 sf $1,800 $14.05 Industrial Workers on shop floor 1000 sf $1,800 $14.05 Education Schools, colleges 1000 sf $1,800 $14.05 Warehouse Storage with minimal employment 1000 sf $1,800 $2.80 OTHER Church, theater Large space used 1000 sf $1,800 $8.45 in off -hours Recreation bld g Health club, 1000 sf $1,800 $11.25 community center Movie theater Single- or multi -screen 1000 sf $1,800 $11.25 Recreation land Golf courrse, park acre $1,800 $2.80 Marina Moorage for boats slip $11800 $1.70 Park & Ride Transit related car parking stall $1,800 $8.45 MINIMUM No. of Units for this formula 101 401 N/A 41 200 41 41 101 41 81 81 81 401 134 101 101 401 668 134 SPECIAL CASES Not specified above Use rate per peak hr trip pk hr trip $1,800 $11.35 101 Fee schedule is based on typical trip generation rates, standardized across groups of similar land use categories Prepared by Transp8ffitr8#S0JI6A9ns Inc. 1/27/2021 Page 2 Back to Agenda Port Orchard Transportation Concurrency Review Fee Schedule -- Tier 2 "Full Review" Formula 1 - SMALL Developments Formula: Total Fee - Base Fee + Rate per Unit * Development Units If calculated fee is MORE than $5,845, use formula for Large Developments instead (b) (c) Typical examples or Dev. (a) (a)+(b)+(c) Land Use Category Rate per Development indicators Unit Base Fee Total Fee Unit Size RESIDENTIAL Residential - living independent p g Single famiy, apartments, Du $1,350 $44.95 townhomes, condos Assisted living facilities Residents don't drive; bed $1,350 $11.25 caregivers are employed RETAIL BUSINESS Small Retail (<10KSF) Restaurants, banks, l000 sf $1,350 $449.40 mini -mart General Retail (10KSF-200KSF) Most stores, small shopping 1000 sf $1,350 $112.35 centers Large Retail (>200KSF) Most shopping centers, use other table use other table superstores Day care Child-care facilities 1000 sf $1,350 $112.35 Medical facilities Clinic, hospital, dental, 1000 sf $1,350 $112.35 veterinary Hotel, motel by size All types of room for rent 1000 sf $1,350 $44.95 Automotive services Gas station, car wash, quick vehicle ube, tire store position t If vehicle servicing is secondary to convenience market or fast food business, use small retail rate above for building space only NONRETAIL BUSINESS Office Workers at desks 1000 sf $1,350 $56.20 Industrial Workers on shop floor 1000 sf $1,350 $56.20 Education Schools, colleges 1000 sf $1,350 $56.20 Warehouse Storage with minimal employment 1000 sf $1,350 $11.25 OTHER Church, theater Large space used 1000 sf $1,350 $33.80 in off -hours Recreation bid g Health club, 1000 sf $1,350 $44.95 community center Movie theater Single- or multi -screen 1000 sf $1,350 $44.95 Recreation land Golf courrse, park acre $1,350 $11.25 Marina Moorage for boats slip $1,350 $6.75 Park & Ride Transit related car parking I stall $1,350 $33.80 MAXIMUM No. of Units for this formula 100 400 10 40 N/A 40 40 100 40 80 80 80 400 133 100 100 400 667 133 SPECIAL CASES Not specified above Use rate per peak hr trip pk hr trip $1,350 $44.95 100 Fee schedule is based on typical trip generation rates, standardized across groups of similar land use categories Prepared by Transp8ffitr8PS0JI6A9ns Inc. 1/27/2021 Page 3 Back to Agenda Port Orchard Transportation Concurrency Review Fee Schedule -- Tier 2 "Full Review" Formula 2 - LARGE Developments Formula: Total Fee - Base Fee + Rate per Unit * Development Units If calculated fee is LESS than $5,845, use formula for Small Developments instead (b) (c) Typical examples or Dev. (a) (a)+(b)+(c) Land Use Category Rate per Development indicators Unit Base Fee Total Fee Unit Size RESIDENTIAL Residential - living independent p g Single famiy, apartments, Du $3,595 $22.50 townhomes, condos Assisted living facilities Residents don't drive; bed $3,595 $5.60 caregivers are employed RETAIL BUSINESS Small Retail (<10KSF) Restaurants, banks, 1000 sf use other table use other table mini -mart General Retail (10KSF-200KSF) Most stores, small shopping 1000 sf $3,595 $56.20 centers Large Retail (>200KSF) Most shopping centers, $3,595 $11.25 superstores Day care Child-care facilities 1000 sf $3,595 $56.20 Medical facilities Clinic, hospital, dental, 1000 sf $3,595 $56.20 veterinary Hotel, motel by size All types of room for rent 1000 sf $3,595 $22.50 Automotive services Gas station, car wash, quick vehicle ube, tire store position t If vehicle servicing is secondary to convenience market or fast food business, use small retail rate above for building space only NONRETAIL BUSINESS Office Workers at desks 1000 sf $3,595 $28.10 Industrial Workers on shop floor 1000 sf $3,595 $28.10 Education Schools, colleges 1000 sf $3,595 $28.10 Warehouse Storage with minimal employment 1000 sf $3,595 $5.60 OTHER Church, theater Large space used 1000 sf $3,595 $16.90 in off -hours Recreation bid g Health club, 1000 sf $3,595 $22.50 community center Movie theater Single- or multi -screen 1000 sf $3,595 $22.50 Recreation land Golf courrse, park acre $3,595 $5.60 Marina Moorage for boats slip $3,595 $3.35 Park & Ride Transit related car parking I stall $3,595 $16.90 MINIMUM No. of Units for this formula 101 401 N/A 41 200 41 41 101 41 81 81 81 401 134 101 101 401 668 134 SPECIAL CASES Not specified above Use rate per peak hr trip pk hr trip $3,595 $22.70 101 Fee schedule is based on typical trip generation rates, standardized across groups of similar land use categories Prepared by Transp8ffitr8PS0JI6A9ns Inc. 1/27/2021 Page 4 Agenda Item No.: Subject: City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Business Item 7H Adoption of a Resolution Approving a Meeting Date: Prepared by: Contract with Transportation Solutions, Inc. for the On -Call Transportation Atty Routing No. Analysis Project and Documenting Atty Review Date Procurement Procedures Back to Agenda February 9, 2021 Mark Dorsey, P.E. Public Works Director 366922.0009 — PW February 3, 2021 Summary: On January 8, 2021, pursuant to RCW 39.04.155, the City's Public Works Department utilized the MRSC small works rosters to establish a list of qualified consultants from the 2021 Consultant Roster for the Main Category — Design & Planning, Engineering Services and Sub -Category — Community Planning, Comprehensive Planning, Design Guidelines, Development Regulation, Codes & Zoning, Feasibility Studies, Multi -modal Transportation Planning and Analysis, Parking Analysis and Design, Roadway, Bikeway and Walkway Design, Traffic Counts/Data Collection, Traffic Operations Simulation Modeling, Travel Demand Modeling, Pedestrian Path/Facilities Planning and Design, Roundabouts Planning and Design, Transportation/Traffic. After staff reviewed, scored, and ranked the qualifications of the five qualified consultants selected from the roster (Fehr & Peers, David Evans & Associates, Lochner, Parametrix and Transportation Solutions Inc.), the City's Public Works Department recommended the award of the contract to the highest-ranking firm: Transportation Solutions Inc. Public Works Staff then met with Transportation Solutions Inc. to negotiate the Project Understanding and contract. On January 20, 2021, the City received a proposal for a Scope of Work, Budget and Project Timeline for the Project, in an amount of $20,000. Recommendation: Staff recommends adoption of Resolution No. 013-21, thereby approving and authorizing the Mayor to execute Contract No. CO28-21 with Transportation Solutions Inc. for the On - Call Transportation Analysis Project in the amount of $20,000 and documenting the Professional Services procurement procedures. Relationship to Comprehensive Plan: Chapter 8—Transportation. Motion for Consideration: I move to adopt Resolution No. 013-21, thereby approving Contract No. CO28-21 with Transportation Solutions Inc. for the On -Call Transportation Analysis Project in the amount of $20,000 and documenting the Professional Services procurement procedures. Fiscal Impact: Approved Biennial Budget (002.05.543.30.40) Attachments: Resolution No. 013-21, Contract No. CO29-21, Transportation Solutions Inc. Proposal (dated 01/20/2021). Page 297 of 440 Back to Agenda RESOLUTION NO.013-21 A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. CO28-21 WITH TRANSPORTATION SOLUTIONS INC FOR ON -CALL TRANSPORTATION ANALYSIS AND DOCUMENTING PROFESSIONAL SERVICES PROCUREMENT PROCEDURES. WHEREAS, on January 8, 2021, pursuant to RCW 39.04.155, the City's Public Works Department established a list of qualified contractors from the 2021 Consultant Roster for the Main Category — Design & Planning, Engineering Services and Sub -Category — Design Guidelines, Development Regulation, Codes, & Zoning, Land Use Planning, Multi -modal Transportation Planning and Analysis, Roadway, Bikeway and Walkway Design, Traffic Counts/Data Collection, Traffic Operations Simulation Modeling, Travel Demand Modeling, Pedestrian Path/Facilities Planning and Design, Roundabouts Planning and Design, Transportation/Traffic; and WHEREAS, after staff reviewed, scored, and ranked the qualifications of the consultants selected from the roster, the City's Public Works Department recommended the award of the contract to the highest-ranking firm, Transportation Solutions Inc.; and WHEREAS, upon completion of the Bidder's Checklist, the City's Public Works Department received an acceptable Scope of Work and Budget from Transportation Solutions Inc., and negotiated a contract for the Project; and WHEREAS, the Port Orchard City Council desires to award the contract to Transportation Solutions Inc., and at the 2015 recommendation of the State Auditor's Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The City Council approves of and authorizes the Mayor to execute Contract No. CO26-21 with Transportation Solutions Inc. for the On -Call Transportation Analysis. 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 9t" day of February 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 298 of 440 Back to Agenda CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT THIS Agreement is made effective as of the 9th day of February 2021, by and between the City of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is: CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY") 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360,876.4407 Fax: 360.895.9029 And Transportation Solutions, a corporation, organized under the laws of the State of Washington, doing business at: 16392 Woodinville Redmond Rd NE, Suite A206 (hereinafter the "CONSULTANT") Woodinville, WA 98072 Contact: Andrew Bratlien, PE Phone:425-833-4134 Fax:425-867-0898 for professional services in connection with the following Project: On Call transportation/traffic engineering ,services. TERMS AND CONDITIONS 1. Services by Consultant, A. The Consultant shall perform the on -call professional services described in the Scope of Work attached to this Agreement as Exhibit A. The services performed by the Consultant shall be on an on -call, task order basis, and shall not exceed the Scope of Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of such services. The Consultant shall perform the services diligently and completely in accordance with professional standards of conduct and performance for Consultant's profession, B. The City may from time to time require changes or modifications in the Scope of Work. Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. The services must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. 2. Schedule of Work. A. The Consultant shall perform the services described in the Scope of Work in accordance with task orders issued by the City, utilizing the task order form at Exhibit "A", and in accordance with the procedures set out in Exhibit A and the terms of this Agreement, provided that if the terms of the Agreement conflict with the terms of Exhibit A, the Agreement shall control. If delays beyond the Consultant's City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO28-21 1 of 10 Page 299 of 440 Back to Agenda reasonable control occur, the parties will negotiate in good faith to determijne whether an extension is appropriate. B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. t 3. Terms. This Agreement shall commence on February 9, 2021 ("Commencement Date") and shall terminate February 12, 2022, unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company's services. 4. Compensation. 1-1 LUMP SUM. Compensation for these services shall be a Lump Sum of $ X TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $20,000.00 without advance written authorization, and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibit "B." TIME AND MATERIALS. Compensation for these services shall be on a time and materials basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit OTHER. 5. Payment. A. The Consultant shall maintain time and expense records and provide them to the City monihiy after services have been performed, along With monthly invoices in a format acceptable to the City - for work performed to the date of the invoice. B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion. C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third -party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer - employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance. E. If the services rendered do not meet the requirements of the Agreement, the Consultant will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. City of Port Orchard and Transportation Solutions Inc, Professional Service Agreement Contract No. CO28-21 2of10 Page 300 of 440 Back to Agenda 6. Discrimination and Compliance with Laws A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification. B. Even though the Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City's general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant's business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations. C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed. D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City. 7. Relationship of Parties. The parties intend that an independent contractor -client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub -consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub -consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub -consultants of the Consultant. Tlie Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub -consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement A. Termination without cause: This Agreement may be terminated by the City at any time for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the benefit of creditors. B. ' Termination with cause. This Agreement may be terminated upon the default of the Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default. C. X:tg1t )on Termination. City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No, CO28-21 3of10 Page 301 of 440 Back to Agenda 1. With or Without Cause. Upon termination forairy reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise. 2. Default. If the Agreement is terminated for default, the Consultant shall not be entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Sustiension. The City may suspend this Agreement, at its sole discretion. Any reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends. E. Notico ofTermination or Suspension. If delivered to the Consultant in person, termination shall be effective immediately upon the Consultant's receipt of the City's written notice or such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the Consultant under this Agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing in similar circumstances. 10. Ownership of Work Product. A. All data, materials, reports, memoranda, and other documents developed under this Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to paragraph 8 above, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents, reports or other material or work of the Consultant for purposes other than those intended by the Consultant in its scope of services under this Agreement shall be at the City's risk. B. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant's possession or known to it, or is rightfully City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO28-21 4of10 Page 302 of 440 Back to Agenda obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. It. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub -consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorneys' fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER. ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. A. Minimum Scope of Insurance Consultant shall obtain insurance of the types described below: 1. Au_(9i obHq. Liability! insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial mercial Ciencral Liability insurance shall be written on ISO occurrence form CG 00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. C:028-21 5of10 Page 303 of 440 Back to Agenda 3. ' or�kers' Cu_mp ati(M coverage as required by the Industriai Insurance laws of the State of Washington. 4. grofessiona Liability insurance appropriate to the Consultant's profession. 13. Minimum Amounts of Insurance Consultant shall maintain the following insurance limits: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Worke1j' ,�Ir_p r t on Employer's Liability each accident $1,000,000, Employer's Liability Disease each employee $1,000,000, and Employer's Liability Disease — Policy Limit $1,000,000. 4. l�irgfessional Liabilityy, insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance: I, The Consultant's insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not contribute with it. 2. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. 3. The City will not waive its right to subrogation against the Consultant. The Consultant's insurance shall be endorsed acknowledging that the City will not waive their right to subrogation. The Consultant's insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. 4. If any coverage is written on a "claims made" basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City. D. Acceptability of Insurers Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Verification of Coverage City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO28-21 6of10 Page 304 of 440 Back to Agenda The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. 14, Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses: Robert Putaansuu Mayor 216 Prospect Street Port Orchard, WA 98366 Phone: 360.876.4407 Fax: 360.895.9029 Victor Salemann, PE - Principle Transportation Solutions, Inc. 16932 Woodinville Redmond Rd. NE, Suite A206, Woodinville, WA 98072 Phone; 425-833-4134 Fax: 425-867-0898 16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys' fees from the other party. 17. General Provisions. A. Non -waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant. City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No, CO28-21 7of10 Page 305 of 440 Back to Agenda C. Suverttbiljj)�. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a coma of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement, The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. 18. Title VI The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U,S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations. Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees as follows: 1. Compliance with Regulations: The Consultant will comply with the Acts and the Regulations relative to Nondiscrimination in Federally -assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement. 2. Nondiscrimination: The Consultant, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Consultant will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Consultant of the Consultant's obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. 4. Information and Reports: The Consultant will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by City of Port Orchard and Transportation Solutions Inc, Professional Service Agreement Contract No, CO28-21 8of10 Page 306 of 440 Back to Agenda the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Consultant is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding payments to the Consultant under the Agreement until the contractor complies; and/or 2. cancelling, terminating, or suspending the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Consultant may request the City to enter into any litigation to protect the interests of the City. In addition, the Consultant may request the United States to enter into the litigation to protect the interests of the United States. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above, CITY OF PORT ORCHARD, WAS14INGTON By: Robert Putaansuu, Mayor ATTEST/AUTHENTICATE: By: Brandy Rinearson, MMC City Clerk APPROVED AS TO FORM: Charlotte A. Archer, City Attorney City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO28-21 CONSULTANT By: Name: Victor Salemann. PE Title: Principle 9of10 Page 307 of 440 Back to Agenda APPENDIX A During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to: Pertinent Non -Discrimination Authorities: Title VI of the Civil Rights Act of 1964 (42 U S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); + Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq,), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, sub - recipients and contractors, whether such programs or activities are Federally Ainded or not); • Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R, parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). City of Port Orchard and Transportation Solutions Inc. Professional Service Agreement Contract No. CO28-21 10 of 10 Page 308 of 440 Back to Agenda r �r or tion l utn scope of Services INNOVATIVE I PRACUCAL I CQUlYi1NX January 20, 2021 TO: K. Chris Hammer, PE, PMP City of Port Orchard FROM: Andrew Bratlien, PE SUBJECT: On -Call Transportation Analysis Scope of Services This memorandum documents the scope of services for on -call transportation modeling, analysis, and traffic -related consulting for the City of Port Orchard, SCOPE OF SERVICES Each item of work under this Agreement will be provided by task assignment. Each assignment will be individually negotiated with the Consultant. The amount established for each assignment will be the maximum amount payable for that assignment unless modified in writing by Port Orchard. Port Orchard is not obligated to assign any specific number of tasks to the Consultant, and Port Orchard's and the Consultant's obligations hereunder are limited to tasks assigned in writing. Task assignments made by Port Orchard shall be issued in writing by a Task Order Document similar in format to Attachment 1. Task assignments using Federal Funding will require a full Local Agency Standard Consultant Agreement as outlined in the Washington State Department of Transportation Local Agency Guidelines. An assignment shall become effective when a Task Order is signed by the Consultant and Port Orchard, except that emergency actions requiring a 24-hour or less response can be handled by an oral authorization. Such oral authorizations shall be followed up with a Task Order Document within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or organizations whose rates were not previously established in the Agreement) shall be provisional and subject to final negotiation and acceptance by Port Orchard. BILLING RATES Services will be billed on a time and material basis according to the billing rates provided in Attachment 2. Transportation Solutions will provide a not -to -exceed fee estimate with each submitted Task Order. SCHEDULE Transportation Solutions will propose a schedule in each submitted Task Order. Attachment 1. Task Order Document Attachment 2. Transportation Solutions Inc. Staff Billing Rates 16932 Woodinville -Redmond Road I Suite A206 I Woodinville, WA 98072 1 425-883-4134 Page 309 of 440 Back to Agenda CITY OF FORT ORCHARD 216 Prospect Street m Port Orchard, WA 98366 (36o) 874-5533 CITY'S PROPOSAL City Task Order No.: Date: City Information: City Contact: Department: Phone Number: Email. Consultant Information: Contract Number: m.� Company Name Contact Name:�� Phone Number: Email. __ On -Call Services Project: Task Name: Site Address / Location: Related Permit Number: Company Name: Company Contact Name: Contact Email Address:. Task Order Description / Scope of Work: The scope of work is described below: City of Port Orchard Task Order for On -Call Services TASK ORDER: ON -CALL SERVICES Page 310 of 440 Back to Agenda CONSULTANT'S RESPONSE Consultant's Project Number: Work Tasks Estimated Estimated Labor, Materials, Supplies, Equipment, Incidentals Hours _Bud et L _ 2. 3. 4• - 5• -- _m 6. 8. 9* 10. 11. _ 12. 13. 15. 16. 17. 18. _,» 19. zo« 21. Anticipated Completion Date: Total Estimated Budget: _ APPROVALSLS Scope of work tasks, time and budget estimates Approved by Consultant: Authorization to Proceed - City of Port Orchard: By: By; Signature: Signature: Title: Title: Date: Date: Bill to: City of Port Orchard, Accounts Payable, 216 Prospect St., Port Orchard, WA 98366 ap@cityofportorchard.us City of Port Orchard Task Order for On -Call Services Page 2 of 2 Page 311 of 440 Back to Agenda Transportation Solutions INNOVATIVE I PRACTICAL I EQUITABLE Transportation Solutions, Inc. 2021 HOURLY BILLING RATES Name Title _ Classification Hourly Billing Rate Victor L. Salemann President Engineer Vlll $235.00 Kirk Harris Principal Engineer VIII $235.00 David D. Markley Principal Engineer Engineer VII $235.00 Jeffrey P.K. Hee Sr. Trans Engineer Engineer V $168.50 Andrew L. Bratlien Sr. Trans Engineer Engineer V $168.56 Michelle L. Mach Sr. Trans Engineer Engineer .V. $180.00 Mike Schaefer Sr. Engineering Tech Drafting Technician 3 $155.00 Sam Garcia Engineer II Engineer II $105.00 Daniel Hodun Engineer I Engineer 1 $100.00 Phil McDonald Sr. Engineering Tech Drafting Technician 3 $145.00 Jennifer Salemann Planner III Trans. Planning Specialist 3 $105.00 Jill Berberich Office Manager Administrative Assistant 5 $115.00 EXPENSES Reimbursable Expenses No Markup Sub -consultant invoices No Markup Billing rates are subject to change during the year to reflect staff changes. Page 312 of 440 Back to Agenda ;W 4 a City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 Agenda Staff Report Agenda Item No.: Business Item 71 Subject: Adoption of a Resolution Adopting the Final Plat of Stetson Heights Phase 1 Meeting Date: February 9, 2021 Prepared by: Nick Bond, AICP DCD Director Atty Routing No. Atty Review Date 366922.0011— Dev February 4, 2021 Summary: The site is identified as Stetson Heights Phase 1 and is one phase of a subdivision granted approval with conditions by the City of Port Orchard Hearing Examiner on September 1, 2016. A SEPA Mitigated Determination of Non -Significance was issued for the Stetson Heights Subdivision on June 24, 2016. The Plat of Stetson Heights Phase 1 creates 103 single-family residential lots, five future development tracts, two stormwater tracts, and two passive recreation tracts. Infrastructure associated with this final plat is being dedicated to the City of Port Orchard or is bonded under one of several performance bonds submitted with this final plat application. The applicant has installed or bonded for roadway illumination, roads, sidewalks, landscaping, water and sewer, storm drainage improvements, wetland mitigation and enhancement, offsite improvements, signage, and other required improvements as described in the attached bonds and bond estimates. Streets within this final plat are for public use and will be accepted into the City's road system. Stormwater ponds within the final plat are private and will be owned and maintained by the HOA. Recommendation: Adoption of a resolution, granting approval of the final plat of Stetson Heights Phase 1 Final Plat. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to adopt a resolution, as presented, granting final plat approval for Stetson Heights Phase 1 Final Plat. Fiscal Impact: Revenue generated by construction activity, building permit fees, capital facility charges, impact fees, sales tax, increased property valuation, utility tax. Expenditures related to ongoing maintenance of public infrastructure and provision of services to new residents. Alternatives: Approval with added conditions. Attachments: Resolution, Off -Site Sewer Easement, Plat map, DCD Approval Letter, PW Approval Letter, SUR Approval Letter, and Bond Agreements. Page 313 of 440 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, GRANTING FINAL PLAT APPROVAL FOR A 103-LOT, 9-TRACT PLAT KNOWN AS STETSON HEIGHTS PHASE 1. WHEREAS, on September 1, 2016, the City's Hearing Examiner approved the Preliminary Plat known as Stetson Heights; and WHEREAS, on June 24, 2016, the City issued a SEPA Mitigated Determination of Non - Significance for the Stetson Heights Plat; and WHEREAS, on June 13, 2018, the City approved a minor plat amendment for the Stetson Heights plat; and WHEREAS, on September 28, 2020, an application was submitted for the final plat of a portion of the Stetson Heights preliminary plat, now named Stetson Heights Phase 1, for the subdivision of 103 single-family residential lots, five future development tracts, two stormwater tracts, and two passive recreation tracts; and WHEREAS, on January 25, 2021, the City determined that the final plat application was complete; and WHEREAS, Stetson Heights has provided performance bonds in lieu of construction for certain improvements associated with the Stetson Heights Phase 1 final plat, as authorized under PMC 20.98.030; and WHEREAS, the extension of sanitary sewer services to serve Stetson Heights Phase 1 final plat crossed private property and required the acquisition of a private easement from that property owner, and the developer wishes to dedicate that easement to the City of Port Orchard for future access and maintenance of the sewer line (attached hereto as Exhibit A); and WHEREAS, the Director of Public Works has determined that the proposed means of sewage disposal and water supply are adequate as constructed or bonded, and recommends approval of the final plat; and WHEREAS, the South Kitsap Fire and Rescue (District) Fire Marshall has provided a letter documenting that the Stetson Heights Phase 1 final plat has satisfied the District's requirements; and WHEREAS, the City Engineer recommends approval of the final plat; and WHEREAS, the City Community Development Director recommends approval of the final plat; and WHEREAS, the City Council finds that the Stetson Heights Phase 1 final plat conforms to all terms and conditions of the preliminary plat approval and that said subdivision meets the Page 314 of 440 Back to Agenda Resolution No. Page 2 of 2 requirements of Chapter 58.17 RCW and other applicable state laws and local ordinances; and WHEREAS, the City Council finds that Plat of Stetson Heights Phase 1 conforms to the Port Orchard municipal code, applicable zoning requirements and Port Orchard's Comprehensive Plan; now, therefore; THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: THAT: It is the intent of the Port Orchard City Council that the recitals set forth above are hereby adopted and incorporated as findings in support of this Resolution. THAT: The Port Orchard City Council approves the final plat for Plat of Stetson Heights Phase 1, as illustrated and as legally described in Exhibit B, attached hereto. THAT: The Plat of Stetson Heights Phase 1 subdivision shall be governed by the terms of approval of the final plat, and the statutes, ordinances, and regulations in effect at the time of approval for a period of five years after final plat approval unless the City Council finds that a change in conditions has created a serious threat to the public health or safety in the subdivision. THAT: The Resolution shall take full force and effect upon passage and signatures hereon. PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the Clerk in authentication of such passage this 9t" day of February 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 315 of 440 Back to Agenda After recording return document to: City of Port Orchard Permit Center 216 Prospect Street Port Orchard, WA 98366 PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR COUNTY RECORDER$ USE ONLY. Grantor(s): Russer Group, LLC Grantee(s): City of Port Orchard Legal Description: See Exhibit "A" Assessor's Tax Parcel Number: 102301-4-047-2003 Reference Number of Related Documents: N/A SANITARY SEWER EASEMENT Grantor Russer Group, LLC, a Washington limited liability company, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, does hereby grant and convey unto Grantee the City of Port Orchard, a Washington municipal corporation, and its successors and assigns, a permanent Sanitary Sewer Easement, for the purposes described below, over, in, on, along, across, through, below and upon the real property legally described in Exhibit "A" (the "Grantor's Property") in the area legally described in Exhibit "B" (the "Sanitary Sewer Easement") and depicted in Exhibit "C", each of which exhibits are attached hereto and incorporated by this reference. The Grantee and its agents, designees and/or assigns, including but not limited to designee Stetson Heights, LLC and its contractors, shall have the right at such times as deemed necessary by Grantee, to enter upon, over, under and across the Sanitary Sewer Easement area to inspect, construct, reconstruct, grade and slope, operate, use, maintain, repair, replace and enlarge a sanitary sewer utility, including but not limited to associated manholes, stubs and connections, for all public purposes, together with the right of ingress and egress thereto, without prior institution of any suit or proceedings and without incurring any legal obligation or liability therefore. THIS SANITARY SEWER EASEMENT is executed and delivered and said Sanitary Sewer Easement is granted upon the following conditions to wit: Parcel No. 102301-4-047-2003 Page 1 of ( 7) Pages I LU20-PLAT FINAL-02 Page 316 of 440 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. SANITARY SEWER EASEMENT 1. Grantee, its agents and employees, assigns and successors may utilize this easement for the installation, repair, replacement and maintenance of sanitary sewer utilities, inicuding but not limited to the installation of an eight -inch (8") sewer line with five (5) manholes in the Sanitary Sewer Easement in the approximate locations depicted in Exhibit "C" (the "Sewer Installation"). All work shall be done in a professional manner consistent with applicable rules, codes, standards and laws and plans approved by the City of Port Orchard. Upon completion of the Sewer Installation, Grantor shall have the right to connect to any or all of the five (5) manholes in conjunction with the development and use of Grantor's Property, subject to and consistent with the City of Port Orchard's adopted rules, codes, standards and laws at the time of connection. 2. Grantee, its agents and employees, assigns and successors shall, as soon as practicable after the Sewer installation and after any and all subsequent maintenance, alterations and repairs thereto, restore all affected areas of Grantor's Property to a neat and presentable condition. 3. Except as stated herein, Grantor may use the Sanitary Sewer Easement area for any purpose that does not unreasonably interfere with Grantee's installation, maintenance or use of the Sanitary Sewer Easement area for the purposes set forth herein. Notwithstanding the foregoing, Grantor shall not (a) erect or maintain any buildings, structures, or improvements within the Sanitary Sewer Easement that may cause damage to or interfere with the maintenance or use of the sewer line, manholes and related improvements; (b) disturb the lateral or subjacent support of the sewer line, manholes and related improvements and uses of the Sanitary Sewer Easement by Grantee; (c) undertake any form of construction or other activity that may disturb or damage the the sewer line, manholes and related improvements or uses of the Sanitary Sewer Easement by Grantee; or (d) plant trees, shrubs, or other vegetation having deep root patterns that may cause damage to or interfere with the use of the sewer line, manholes and related improvements. 14. Grantor reserves the right to install, maintain, repair and use other utilities over, on, within and across the Sanitary Sewer Easement area, including but not limited to electricity, natural gas, sewer, water, cable, and/or telephone; PROVIDED, however, that the location and installation of any other such utilities within the Sanitary Sewer Easement area shall be approved by the City of Port Orchard consistent with adopted rules, codes, standards and f laws, which approval shall not be unreasonably withheld, conditioned or delayed. Any additional utility benefitting the general public shall be installed by a licensed utility franchised provider and shall be included within and subject to the obligations, terms and conditions of j the City of Port Orchard's franchise agreements with that utility provider, if any. Parcel No. 102301-4-047-2003 Page 2 of ( 7 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED rOR COUNTY RECORDER'S USE ONLY Page 317 of 440 Back to Agenda PLEASE MAKE No MART( IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. SANITARY SEWER EASEMENT 5. The rights granted herein shall not be construed to interfere with or restrict Grantor or its heirs, executors, administrators, successors and assigns from the use of Grantor's Property outside of the Sanitary Sewer Easement area for the construction, repair, replacment and/or maintenance of improvements outside of the Sanitary Sewer Easement area. 6. This Sanitary Sewer Easement and the rights, obligations and covenants stated in this Sanitatry Sewer Easement shall run with the land and shall be binding upon and shall inure to I the benefit of Grantor and Grantee. This Sanitary Sewer Easement shall be recorded with the Kitsap County Recorder's Office. 7. It is understood and agreed that delivery of this Sanitaty Sewer Easement is hereby tendered and that the terms and obligations hereof shall not become binding upon City of i Port Orchard unless and until approved hereon in writing by City of Port Orchard. Dated: }r ✓ 2020. f_ Grantor: Russer Group, LLC, a Washington limited liability company BY Its Accepted and Approved City of Port Orchard Its Date Parcel No. 102301-4-047-2003 . of ( 7 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. Page 318 of 440 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR COUNTY RECORDER'S USE QNLY. SANITARY SEWER EASEMENT CORPORATE ACKNOWLEDGMENT STATE O F 5 f V0 55. COUNTY OF I certify that I know or have satisfactory evidence that L &- e, -P - /Q �t �,i is the person who appeared before me, and said person acknowledged that they signed this instrument, on oath stated that they were authorized o execute the instrument and acknowledged it as the of �Ll t IZ-e , to be their free and voluntary ac of such party for the uses and purposes mentioned in the instrument. DATE`4LM rig 'St,pf 20 Gt7. SEAT •+ Ko'fAw PUSLK Notary Public Comm EXP11tES = / " oCr. 23, 2021 . a,. Printed Marne %•�•••1���Residing at �l'�•'� 11 oFW4 41 My appointment expires. INDIVIDUAL ACKNOWLEDGMENT STATE OF ss. COUNTY OF On this day personally appeared before me , to me known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. DATED this day of .20 (SEAL,) Notary Public Printed Name Residing at My appointment expires Parcel No. 102301-4-047-2003 Page 4 of ( 7 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR COUNTY RECORDER'S USE ONLY. Page 319 of 440 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USEONLY. SANITARY SEWER EASEMENT EXHIBIT "A" - GRANTOR'S PROPERTY (APN 102301-4-047-2003) LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., LYING NORTHEASTERLY OF OLD GLENWOOD ROAD AND THE NEW EXTENSION OF GLENWOOD ROAD PER AUDITOR'S FILE NO. 9103050137, AND NORTHWESTERLY OF SEDGWICK ROAD. Parcel No. 102301-4-047-2003 Page 5 of ( 7 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY Page 320 of 440 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. SANITARY SEWER EASEMENT EXHIBIT "B" - SANITARY SEWER EASEMENT LEGAL DESCRIPTION THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE W.M., tN KITSAP COUNTY, WASHINGTON, BEING A 20.00 FOOT WIDE STRIP OF LAND, LYING 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTH QUARTER CORNER OF SAID SECTION 10, THE SOUTHEAST QUARTER CORNER OF SAID SECTION BEARS SOUTH 87°48'24" EAST, A DISTANCE OF 2,608.57 FEET; THENCE SOUTH 87°48'24" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 757.62 FEET; THENCE NORTH 02"11'36" EAST, A DISTANCE OF 2,292.36 FEETTO THE NORTHEASTERLY MARGIN OF GLENWOOD ROAD SW AND THE POINT OF BEGINNING OF THIS CENTERLINE DESCRIPTION; THENCE NORTH 60°19'46" EAST, A DISTANCE OF 189.31 FEET; THENCE NORTH 72°25'55" EAST, A DISTANCE OF 113.56 FEET, THENCE SOUTH 47°44'27" EAST, A DISTANCE OF 102.34 FEET; THENCE SOUTH 24°09'10" EAST, A DISTANCE OF 244.77 FEET; THENCE SOUTH 15°31'04" EAST, A DISTANCE OF 192.38 FEET; THENCE SOUTH 45°47'27" EAST, A DISTANCE OF 31.99 FEET TO THE NORTHWESTERLY MARGIN OF SOUTHWEST SEDGWICK ROAD AND THE TERMINUS OF THIS CENTERLINE DESCRIPTION; THE SIDELINES OF SAID STRIP ARE TO BE LENGTHENED OR SHORTENED TO THE SAID MARGIN'S OF GLENWOOD ROAD SOUTHWEST AND SOUTHWEST SEDGWICK ROAD. Parcel No. 102301-4-047-2003 Page 6 of ( 7 ) Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE -RESERVED FOR OOUNTY RECORDER'S USE ONLY Page 321 of 440 Back to Agenda PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. SANITARY SEWER EASEMENT EXHIBIT "C" - SANITARY SEWER EASEMENT GRAPHIC DEPICTION EXHIBIT C SANITARY SEWER EASEMENT N72'25'55'E SSMH#3 C1C�SSMH#2 113.55' S47*44'27'E � ,9 (,,6 = ♦+ 102.34' 2� 5� ���9•� �� \\ SSMH#4 B" PVC STUB \ 20' SANITARY `n P.O.S. SEWER EASEMENT Ip SSMH#1 I'Q 8' PVC (SDR35) (TYP.) \ \ 1 SSMH#5 8" PVC STUB 1 \ I 1 - 'Z0.0 10 I 1 1 N1. SSMH/6 1 1 `C S4547'27'E z I 31.99' I C5v_ SSMH#5 I 1 711,q: 1 15 58� 'E 2.608.5— 7' +T-51'4 P.O.C. 9f roJzo INDEX: IN THE NW 1/4 OF THE SE 1 /4, SEC 10. TWP 23 N. RGE 1 E, W, M. JOB 9416 LARSON and ASSOCIATES 9-10-2020 9027 PACIFIC AVE TACWA. WA. 98444 (253) 474--3404 Page 7 of ( 7 ) Pages Parcel No. 102301-4-047-2003 PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY RECORDER'S USE ONLY. Page 322 of 440 Back to Agenda DEDICATION STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON KNOW ALL MEN BY THESE PRESENT THAT THE UNDERSIGNED: COUNTY TREASURER APPROVAL SURVEYOR'S CERTIFICATE HEREBY DECLARE THIS LAND PLATTED AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS, ROADS, AND THIS IS TO CERTIFY THAT ALL TAXES HERETOFORE LEVIED AND WHICH HAS BECOME A LIEN UPON THE I, BRYAN R. SHAW, REGISTERED AS A LAND SURVEYOR BY THE STATE OF WASHINGTON, EASEMENTS SHOWN ON THE PLAT AND USE THEREOF FOR ANY AND ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE LANDS HEREIN DESCRIBED, HAVE BEEN FULLY PAID AND DISCHARGED, ACCORDING TO THE RECORDS OF CERTIFY THAT THIS PLAT OF STETSON HEIGHTS, IS BASED UPON AN ACTUAL SURVEY OF THEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO THE RIGHT TO MAKE ALL NECESSARY CUTS AND FILLS FOR SLOPES UPON THE MY OFFICE, UP TO AND INCLUDING THE YEAR THE LAND DESCRIBED HEREIN, CONDUCTED BY ME OR UNDER MY SUPERVISION IN MAY, LOTS SHOWN ON THIS PLAT IN THE REASONABLE ORIGINAL GRADING OF ALL THE STREETS AND ROADS SHOWN HEREON; ALSO 2020, THAT THE DISTANCES, COURSES, AND ANGLES ARE SHOWN THEREON CORRECTLY, THE RIGHT TO DRAIN ALL STREETS, ROADS, AND EASEMENTS OVER AND ACROSS ANY LOT OR LOTS WHERE WATER MIGHT TAKE AND THAT MONUMENTS AND LOT CORNERS OTHER THAN THOSE APPROVED FOR A NATURAL DRAINAGE COURSE AFTER THE STREET OR STREETS ARE GRADED. DIMENSIONS AND USE OF ALL LOTS EMBRACES IN EXECUTED THIS DAY OF 20 THIS PLAT ARE SUBJECT TO AND SHALL BE IN CONFORMITY WITH THE CITY OF PORT ORCHARD ZONING REGULATIONS. THE — SETTING AT A LATER DATE, HAVING BEEN SET AS DEPICTED ON THE PLAT. OWNERS HEREOF, AND THEIR SUCCESSORS AND ASSIGNS, HEREBY WAIVE ALL CLAIMS FOR ANY DAMAGES AGAINST GOVERNMENTAL AUTHORITY ARISING FROM CONSTRUCTION, DRAINAGE, AND MAINTENANCE OF PUBLIC FACILITIES AND PUBLIC PROPERTY WITHIN THIS PLAT. ALL STORM SEWER, SANITARY SEWER, WATER AND APPURTENANCES LOCATED WITHIN THE PUBLIC RIGHT-OF-WAY DEDICATED TO THE CITY OF PORT ORCHARD ARE HEREBY GRANTED AND CONVEYED TO THE CITY OF PORT ORCHARD. THIS SUBDIVISION, DEDICATION, RELEASE, INDEMNIFICATION OF CLAIMS AND AGREEMENT TO HOLD HARMLESS IS MADE WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRES OF SAID OWNERS. FURTHERMORE, WE UNDERSIGNED OWNERS OF THE INTERESTS IN THE REAL ESTATE DESCRIBED HEREIN HEREBY DECLARE THIS MAP AND DEDICATES THE SAME FOR A COMMON INTEREST COMMUNITY NAMED STETSON HEIGHTS, A PLAT COMMUNITY AS THAT TERM IS DEFINED IN THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT, SOLELY TO MEET THE REQUIREMENTS OF THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT AND NOT FOR ANY PUBLIC PURPOSE. THIS MAP AND ANY PORTION THEREOF IS RESTRICTED BY LAW AND THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR STETSON HEIGHTS, RECORDED UNDER KITSAP COUNTY RECORDING TRACTS A & E ARE STORM DRAINAGE FACILITY TRACTS AND ARE DEDICATED TO THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACTS. TRACTS B, D, & I ARE RETAINED BY STETSON HEIGHTS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY FOR FUTURE PHASES. TRACTS C & F ARE RETAINED BY STETSON HEIGHTS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY FOR FUTURE DEVELOPMENT. TRACTS G & H ARE PASSIVE RECREATION TRACTS AND ARE DEDICATED TO THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION IS RESPONSIBLE FOR THE MAINTENANCE OF SAID TRACTS. TRACT J IS A WATER FACILITIES TRACT AND IS RETAINED BY STETSON HEIGHTS, LLC A WASHINGTON LIMITED LIABILITY COMPANY. THIS TRACT WILL BE DEDICATED, IN THE FUTURE TO THE CITY OF PORT ORCHARD UPON COMPLETION OF A WATER BOOSTER STATION. IN WITNESS WHEREOF, WE HAVE HEREUNTO SET OUR HANDS AND SEALS THIS DAY OF 202t STETSON HEIGHTS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY BY: Y: ACKNOWLEDGEMENTS STATE OF WASHINGTON ) )SS COUNTY OF20rr, ON THIS _ DAY OF 20�, BEFORE ME, THE UNDERSIGNED, A NOTARY PU�LIC IIy�N )R THE STATE F WASHINGTON, DULY CO MISSIONED AND WORN, PERSONALLY APPEARED ALM: , TO ME KNOWN TO BE THE alfla OF STETSON HEIGHTS, LLC, A WASHINGTON LIMITED LIABILITY CORPORATIOW,1 E CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT OF AND DE OF SAID COR RATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT�HE/THEY RE) AUTHORIZED TO ECUTE THE SAID INSTRUMENT. Tru GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF 207— (1 /l�n ► i /I� NOTARY P LIC IN AND FOR THE STATE OF WASHINGTON y�`�� SERA (� IiI/ PRINTED NAME: �O �a� pT F0f z/i �► j = O 'P/ p tt i MY COMMISSION EXPIRES: "I �` U '77663 L `^ _s A&a LAG zI Z 7 4i ���eha��..�. STATE OF WASHINGTON )/// ��0� WASH��C��O. COUNTY OF )SS II�I�tt\�\\\\���\\`` ON THIS DAY OF 2Z , BEFORE ME, THE UNDERSIGNED, A NOTARY PUBLI IN AND FOR HE STATE F WASHINGTON, DULY COMMISSIONED AND . WORN, PERSONALLY APPEARED T ME KNOWN TO BE THE �___, OF STETSON HEIGHTS, LLC, A WASHINGTON LIMITED LIABILITY CORPORATION, E CORPORATION THAT EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED THE SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT OF AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT (HE/SHE/THEY) (IS/ARE) AUTHORIZED TO EXECUTE THE SAID INSTRUMENT. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS � DAY OF 20 _ �ERA�NIIIh NOTARY P B IC NAND FOR THE STATE OF WASHINGTON _ \S"""' �� g10N o` o��,pTA, A �A:,r� PRINTED NAME' �. =" 177663 MY COMMISSION EXPIRES:(le / A', AVBL�G = Z 9��/ll�+�9� ��` �jA0WAS S' COUNTY TREASURER CITY COUNCIL APPROVAL APPROVED BY THE CITY COUNCIL OF THE CITY OF PORT ORCHARD. ATTEST: CITY CLERK DATE MAYOR DATE CITY ENGINEER APPROVAL I HEREBY CERTIFY THAT THIS FINAL PLAT IS CONSISTENT WITH ALL APPLICABLE CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY PLAT APPROVAL. I HAVE APPROVED THIS FINAL PLAT AS TO THE STREETS, ALLEYS, AND OTHER RIGHT-OF-WAY, DESIGN OF BRIDGES, SEWAGE, AND WATER SYSTEMS, AND OTHER STRUCTURES. EXAMINED AND APPROVED THIS DAY OF CITY ENGINEER 20_ CITY FINANCE DIRECTOR APPROVAL I HEREBY CERTIFY THAT ALL TAXES AND DELINQUENT ASSESSMENTS FOR WHICH THAT PROPERTY MAY BE LIABLE AS OF THE DATE OF CERTIFICATION HAVE BEEN FULLY PAID, SATISFIED, OR DISCHARGED.. EXECUTED THIS _ DAY OF FINANCE DIRECTOR COUNTY AUDITOR FILED AT THE REQUEST OF 20 , AND RECORDED IN VOLUME COUNTY, WASHINGTON. COUNTY AUDITOR 20_ DATE THIS DAY OF , OF PLATS, PAGES , RECORDS OF KITSAP COMMUNITY DEVELOPMENT DIRECTOR FURTHERMORE, THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF STETSON HEIGHTS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY, HEREBY CERTIFY THAT THIS MAP FOR STETSON HEIGHTS, PHASE I, IS BASED UPON AN ACTUAL SURVEY OF THE PROPERTY HEREIN DESCRIBED; THAT THE BEARINGS AND DISTANCES ARE CORRECTLY SHOWN; THAT ALL INFORMATION REQUIRED BY THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT IS SUPPLIED HEREIN; AND THAT ALL HORIZONTAL AND VERTICAL BOUNDARIES OF THE UNITS, (1) TO THE EXTENT DETERMINED BY THE WALLS, FLOORS, OR CEILINGS THEREOF, OR OTHER PHYSICAL MONUMENTS, ARE SUBSTANTIALLY COMPLETED IN ACCORDANCE WITH SAID MAP, OR (2) TO THE EXTENT SUCH BOUNDARIES ARE NOT DEFINED BY PHYSICAL MONUMENTS, SUCH BOUNDARIES ARE SHOWN ON THE MAP. ZI3/z� BRY . SHAW DATE PROFESSIONAL LAND SURVEYOR CERTIFICATE NUMBER 49290 SECTION SUBDIVISION NW CORNER SECTION 10 1-1/2" IRON PIPE 1.2' ABOVE GRADE VISITED 2/26/2020 4 _3_ N87*40'00"W 2607.04' 0 rn 00 M NI w 0 N N z W 1/4 CORNER SECTION 10 CALCULATED POSITION NE CORNER SECTION 10 BRASS PIN SET IN CONC DOWN 0.85' IN CASE VISITED 2/26/2020 3 N8T40 28"W 2607.04' Oj N 1/4 CORNER SECTION 10 CALCULATED POSITION I 1' I HEREBY CERTIFY THAT THIS FINAL/SHORT PLAT IS CONSISTENT WITH ALL APPLICABLE TOWN/CITY IMPROVEMENT STANDARDS AND REQUIREMENTS IN FORCE ON THE DATE OF PRELIMINARY/SHORT PLAT SITE o APPROVAL. I HAVE APPROVED THIS FINAL/SHORT PLAT AS TO THE LAYOUT OF STREETS, ALLEYS AND rn to ITHER RIGHTS -OF -WAY, DESIGN OF BRIDGES, SEWAGE AND WATER SYSTEMS AND OTHER STRUCTURES. n N N W 0 N N z 9� 10 16 15 N8 "W 259— 6 --� 1 SW CORNER SECTION 10 S 1/4 CORNER SECTION 10 2" BRASS DISK W/'X' & 3" BRASS DISK W/ 'X' & 'NE/16' AT SURFACE PUNCH MARKED "KITSAP VISITED 2/26/2020 COUNTY, T23N, R1E, 10/15" VISITED 2/26/2020 EXAMINED AND APPROVED THIS DAY OF COMMUNITY DEVELOPMENT DIRECTOR STATE OF WASHINGTON )SS COUNTY OF PIERCE 20 I CERTIFY THAT I KNOW OR HAVE SATISFACTORY EVIDENCE THAT BRYAN R. SHAW IS THE PERSON WHO APPEARED BEFORE ME, ACKNOWLEDGED THAT HE SIGNED THIS INSTRUMENT, AND ACKNOWLEDGED IT TO BE HIS FREE AND VOLUNTARY ACT FOR THE USES AND PURPOSES MEN ONED IN THIS INSTRUMENT. GIVENAJINDEIR KY HPIND AND SEAL OF OFFICE THIS�DAY OF \\y\t1{{ 20 2� �' A!ry0III/ � _ PTA NOTARY PUB C N AND FOR THE STATE OF WASHINGTON = ° `' / 177663 PRINTED NAME: / NA A�805, = O MY COMMISSION EXPIRES: lyl' �q•2�Z /Op //III {WAS-\\�\�� SCALE: 1" = 1,000' O = E 1/4 CORNER SECTION 10 <ve" 3" BRASS DISK W/ 'X' & PUNCH SET IN CONC DOWN 0.95' IN CASE VISITED 2/26/2020 S87'33'3R"F 9am -7o, N87 48'24"W ' SE CORNER SECTION 10 3" BRASS DISK W/'X' & PUNCH DOWN 0.85' IN CASE VISITED 2/26/2020 00 N w 4 M N N z 10 1 1ollnl 14 2 SHEET 1 OF 10 PN R. wassyq LARSON P 49290 �° �ivi�ivn r�o2r� 8 ���ycr L LAND 5�4 E 7 PACIFIC AVENUE, SUITE 4 / 9416 FP PH 1MA, WASHINGTON 98444-6247 213I2021)474-3404 / FAX (253)472-7358 t k Page 323 of 440 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON NOTES 1. ALL LOTS SHALL ACCESS FROM INTERIOR ROADS ONLY. 2. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL ROADWAY IMPROVEMENTS WITHIN ANY PRIVATE RIGHT-OF-WAY WITH THIS PLAT, INCLUDING TRAFFIC SIGNAGE. 3. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE MAINTENANCE OF ALL STORM DRAINAGE FACILITIES & LANDSCAPING INSTALLED WITHIN THE BOUNDARIES OF THIS SUBDIVISION. 16. USE OF THE PORTION OF TRACT F DESIGNATED AS THE CRITICAL AREAS BUFFER EASEMENT CONTAINING WETLANDS, STREAM AND ASSOCIATED BUFFERS (SENSITIVE AREA) IS SUBJECT TO POMC CHAPTER 20.162 CRITICAL AREAS REGULATIONS, AS SUCH REGULATIONS NOW EXIST OR HEREAFTER MAY BE AMENDED, THE DECLARATION OF COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS FOR STETSON HEIGHTS AND ANY RULES OF THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION. NO SITE -DISTURBING ACTIVITY IS PROPOSED TO OCCUR ON TRACT F AT THIS TIME. THE SENSITIVE AREA SHALL BE RE-EVALUATED AND EASEMENT MODIFIED IN ACCORDANCE WITH APPLICABLE REGULATIONS AT THE TIME DEVELOPMENT OF TRACT F IS PROPOSED, AND SUCH DEVELOPMENT SHALL COMPLY WITH THE THEN -APPLICABLE REGULATIONS AND RESTRICTIONS. LEGAL DESCRIPTION (PER FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON COMMITMENT NO. 611186468, DATED NOVEMBER 18, 2020) RESULTANT PARCELS A, B, C, & D OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO. 201810020219, BEING PORTIONS OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER, THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER, THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER, THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON. 4. NOTICE: THE WETLAND AND STREAM AREA BOUNDARIES WITHIN TRACT F WERE 17. TRACT J IS A WATER FACILITIES TRACT. THE MAINTENANCE OF SAID TRACT IS THE DELINEATED BY ENVIROVECTOR. RESPONSIBILITY OF STETSON HEIGHTS, LLC, UNTIL THE TIME THE TRACT IS DEDICATED TO THE CITY OF PORT ORCHARD. 5. REFERENCE TO LOT SHALL REFER TO UNIT AS THAT TERM IS DEFINED IN THE WASHINGTON UNIFORM COMMON INTEREST OWNERSHIP ACT. 6. (a) THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION SHALL BE RESPONSIBLE FOR THE TITLE REPORT EXCEPTIONS REPAIR, REPLACEMENT AND MAINTENANCE OF ALL FENCING AND SIGNAGE WITHIN STORM (PER FIDELITY NATIONAL TITLE COMPANY OF WASHINGTON COMMITMENT NO. 611186468, DATED DECEMBER 16, DRAINAGE AND SENSITIVE AREA TRACTS. 2020) (b) PER POMC 20.162.044, "EASEMENT" OR "CRITICAL AREA PROTECTION EASEMENT" AS 1. ASSESSMENTS, IF ANY, LEVIED BY THE CITY OF PORT ORCHARD. USED HEREIN FOR THE PROTECTION OF CRITICAL AREAS "MEANS AN AGREEMENT CONVEYED THROUGH A DEED, OR SHOWN ON THE FACE OF A PLAT OR SITE PLAN FOR THE 2. THIS ITEM INTENTIONALLY DELETED. PURPOSES OF PERPETUAL OR LONG-TERM CONSERVATION". 3. THIS ITEM INTENTIONALLY DELETED. GENERAL UTILITY EASEMENT NOTES 4. THIS ITEM INTENTIONALLY DELETED. 7. CITY OF PORT ORCHARD WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO ANY PRIVATE ROADS, TRACTS, AND/OR EASEMENT AREAS THAT MAY OCCUR DURING ROUTINE 5. THIS ITEM INTENTIONALLY DELETED. MAINTENANCE ACTIVITIES AND THAT IN CITY OF PORT ORCHARD'S JUDGMENT OCCUR, IN WHOLE OR IN PART, BECAUSE OF ANY CONSTRUCTION MATERIALS OR TECHNIQUES, OR 6. EASEMENT(S) FOR ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINE, TOGETHER WITH NECESSARY ANY MAINTENANCE MATERIALS OR TECHNIQUES. THIS INCLUDES, BUT IS NOT LIMITED TO, APPURTANCES IN DOCUMENT DATED SEPTEMBER 29, 1952 RECORDING NO. 564610. DAMAGE TO PAVEMENT OR VEGETATED AREAS CAUSED BY MAINTENANCE TRUCKS. 7. ANY RIGHTS, INTERESTS, OR CLAIMS WHICH MAY EXIST OR ARISE BY REASON OF THE FOLLOWING MATTERS 8. DECLARANT HEREBY RESERVES, GRANTS, AND CONVEYS TO UTILITY PROVIDERS, DISCLOSED BY SURVEY RECORDED NOVEMBER 15, 1993, RECORDING NO. 9311150102. MATTERS SHOWN: BUILDING SETBACKS INCLUDING BUT NOT LIMITED TO PUGET SOUND ENERGY, CENTURYLINK, COMCAST, POSSIBLE FENCE ENCROACHMENTS CASCADE NATURAL GAS, THE CITY OF PORT ORCHARD, WAVE BROADBAND CABLE, WASTE 8. THIS ITEM INTENTIONALLY DELETED FRONT YARD: 15' MANAGEMENT AND SOUTH KITSAP FIRE AND RESCUE, THEIR SUCCESSORS AND ASSIGNS, REAR YARD: 10, AND ANY OTHER PURVEYORS OF ELECTRICITY, TELEPHONE, INTERNET, WATER SEWER 9, ORDINANCE NO. 024-07, IN DOCUMENT DATED AUGUST 17, 2007, RECORDING NO. 200708170008. SIDE YARD: 5' GARBAGE AND CABLE SERVICES AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, PERPETUAL EASEMENTS UNDER AND UPON THE LOTS OF THE PROPERTY AS SHOWN 10. DEVELOPERS AGREEMENT FOR REIMBURSEMENT FOR REGIONAL SANITARY PUMP STATION IN DOCUMENT NOTE: BUILDINGS PROPOSED AT THE TOP OF SLOPES GREATER THAN 30% AND/OR DESCRIBED ON THE FACE OF THE PLAT MAP, WHICH SHALL BE THE TEN FEET (10') DATED JUNE 8, 2009, RECORDING NO. 200906080085. SHALL HAVE A REAR YARD SETBACK OF OF ALL LOTS AND TRACTS WITHIN THE PLAT LYING PARALLEL WITH AND ADJOINING ALL ROADWAYS IN WHICH TO INSTALL, CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, 11. ITEMS SHOWN ON BARGIN & SALES DEED RECORDED JULY 3, 2013 UNDER RECORDING NO. 201307030289, TWENTY-FIVE (25) FEET FROM THE EDGE OF ECTERIOR FOOTINGS FOR AND ENLARGE UNDERGROUND PIPES, CONDUITS, CABLES AND WIRES WITH ALL INCLUDING POSSIBLE RIGHTS OF POSSESSION BY ABUTTING OWNERS AS FOLLOWS: (1) EXISTING FENCE BOTH NATURAL AND ENGINEERED FILL NECESSARY OR CONVENIENT UNDERGROUND OR GROUND -MOUNTED APPURTENANCES LINES AND GRAVEL ROAD MEANDERING OVER NORTH BOUNDARY AND INTO SAID PREMISES; (2) CEDAR SLOPES UNLESS OTHERWISE THERETO FOR THE PURPOSE OF SERVING THE PLAT AND OTHER PROPERTY WITH HEDGE AND WIRE MESH FENCE SET INSIDE WEST BOUNDARY; AND (3) WIRE AND WOOD RAIL FENCE APPROVED BY A GEOTECHNICAL ELECTRIC, GAS, TELEVISION, INTERNET, WATER AND OTHER UTILITY SERVICES, APPROXIMATELY ON SOUTH BOUNDARY. TOGETHER WITH THE RIGHT TO ENTER UPON THE ROADWAYS AND LOTS AT ALL TIMES ENGINEER (PER CONDITION OF FOR THE PURPOSES HEREIN STATED. 12. AGREEMENT BETWEEN CITY OF PORT ORCHARD AND STETSON RIDGE PARTNERS, LLC IN DOCUMENT DATED APPROVAL B. LAND USE, 4.). JANUARY 21, 2014, RECORDING NO. 201401210251. 9. NO PERMANENT STRUCTURES SHALL BE INSTALLED WITHIN UTILITY EASEMENTS. 13. THIS ITEM INTENTIONALLY DELETED. PRIVATE STORM DRAINAGE EASEMENT NOTES SHEET INDEX 14. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PROVISIONS, 10. ALL LOTS AND TRACTS WITHIN THIS PLAT ARE HEREBY SUBJECT TO A PRIVATE STORM DEDICATIONS, BUILDING SETBACK LINES, NOTES STATEMENTS, AND OTHER MATTERS, IF ANY, BUT SHEET 1 DEDICATION, SIGNATURES DRAINAGE EASEMENT AS SHOWN HEREON WHICH SHALL BE LOCATED WITHIN THE TEN OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED SHEET 2 LEGAL DESCRIPTION, NOTES (10) TO THIRTEEN (13) FEET OF ALL LOTS AND TRACTS WITHIN THE PLAT LYING PARALLEL UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, WITH AND ALL ADJOINING ROADWAYS. SAID PRIVATE STORM DRAINAGE EASEMENT IS DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN SHEET 3 SECTION VIEW, SITE FOR THE PURPOSES OF INSTALLING AND MAINTANING PRIVATE STORM DRAINAGE APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS SHEET 4 MAP FACILITIES WITHIN SAID EASEMENT. THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION PERMITTED BY APPLICABLE LAW, AS SET FORTH ON BOUNDARY LINE ADJUSTMENT RECORDED FEBRUARY 15, SHEET 5 MAP (HOA) SHALL BE RESPONSIBLE FOR THE MAINTENANCE, REPAIRS OR RECONSTRUCTION OF 2018, RECORDING NO. 201802150061. (AS SHOWN) SHEET 6 MAP THE PRIVATE DRAINAGE FACILITIES LOCATED WITHIN SAID EASEMENT, SHEET 7 MAP 15. EASEMENT(S) TO CONSTRUCT, OPERATE, MAINTAIN, REPAIR, REPLACE, IMPROVE, REMOVE, UPGRADE AND SHEET 8 MAP 11. PRIVATE STORM DRAINAGE EASEMENTS ARE LOCATED OVER AND UPON LOTS 12-14, 22, 23, EXTEND ONE OR MORE UTILITY SYSTEMS IN DOCUMENT DATED MAY 31, 2018, RECORDING NO. SHEET 9 LINE & CURVE TABLES 26-29, 39, 40, 53, 54, 56, 98, 100, AND TRACTS D, F, G, AND H FOR THE BENEFIT OF 201805310104. (SHOWN AS E1 ON PLAT) SHEET 10 LOT ADDRESS TABLE STETSON HEIGHTS HOMEOWNERS ASSOCIATION AND IT SHALL BE THE ASSOCIATION'S 16. ANY RIGHTS, INTERESTS, OR CLAIMS WHICH MAY EXSIST OR ARISE BY REASON OF MATTERS DISCLOSED IN RESPONSIBILITY TO REPAIR, REPLACEMENT AND MAINTAIN SUCH PRIVATE STORM SURVEY FOR BOUNDARY LINE ADJUSTMENT DATED OCTOBER 2, 2018, RECORDING NO. 201810020216. DRAINAGE EASEMENTS. (ENCOMPASSES ENTIRE SITE) HORIZONTAL DATUM TRACT NOTES 17. COVENANTS, CONDITIONS, RESTRICTIONS, RECITALS, RESERVATIONS, EASEMENTS, EASEMENT PROVISIONS, NAD 83/11 WASHINGTON NORTH ZONE 12. TRACT'S A AND E ARE STORMWATER TRACTS. THE MAINTENANCE OF SAID TRACT'S ARE DEDICATIONS, BUILDING SETBACK LINES, NOTES, STATEMENTS, AND OTHER MATTERS, IF ANY, BUT ESTABLISHED USING GPS RTK ROVER CONSTRAINED TO THE RESPONSIBILITY OF THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION (HOA). OMITTING ANY COVENANTS OR RESTRICTIONS, IF ANY, INCLUDING BUT NOT LIMITED TO THOSE BASED UPON RACE, COLOR, RELIGION, SEX, SEXUAL ORIENTATION, FAMILIAL STATUS, MARITAL STATUS, MARITAL THE WASHINGTON STATE REFERENCE NETWORK STATUS, DISABILITY, HANDICAP, NATIONAL ORIGIN, ANCESTRY, OR SOURCE OF INCOME, AS SET FORTH IN (WSRN) STATIONS 13. TRACTS B, D AND I ARE RETAINED BY STETSON HEIGHTS, LLC, A WASHINGTON LIMITED APPLICABLE STATE OR FEDERAL LAWS, EXCEPT TO THE EXTENT THAT SAID COVENANT OR RESTRICTION IS LIABILITY COMPANY, FOR FUTURE PHASES UPON THE RECORDING OF THIS PLAT. THESE PERMITTED BY APPLICABLE LAW, AS SET FORTH ON BOUNDARY LINE ADJUSTMENT IN DOCUMENT DATED TRACTS SHALL BE PLATTED IN SUBSEQUENT PHASES OF THE DEVELOPMENT OF STETSON OCTOBER 2, 2018, RECORDING NO. 201810020219. (ENCOMPASSES ENTIRE SITE) HEIGHTS THAT SUBSTANTIALLY COMPLIES WITH THE PRELIMINARY PLAT APPROVAL, SHEET 2 OF 10 SUBJECT TO THE APPLICANT'S RIGHT TO PROPOSE AND THE CITY OF PORT ORCHARD 18. DECLARATION OF COVENANT ASSOCIATED WITH PERFORMANCE OF SITE STABILIZATION AND EROSION AND AUTHORITY TO APPROVE SUCH MODIFICATIONS AS MAY BE MADE CONSISTENT WITH SEDIMENTATION CONTROL FACILITIES IN DOCUMENT DATED MAY 1, 2020, RECORDING NO. 202005010217. APPLICABLE REQUIREMENTS OF THE SUBDIVISION STATUTE AND THE CITY OF PORT 14 R. S ORCHARD SUBDIVISION CODE. 19. DECLARATION OF COVENANT ASSOCIATED WITH PERFORMANCE OF SITE STABILIZATION AND EROSION AND �L W ,0 9 ���� SEDIMENTATION CONTROL FACILITIES IN DOCUMENT DATED MAY 6, 2020, RECORDING NO. 202005060100. LARSON 14. TRACT C AND THE PORTION OF TRACT F NOT CONVEYED TO THE STETSON HEIGHTS HOMEOWNERS ASSOCIATION ARE RETAINED BY STETSON HEIGHTS, LLC A WASHINGTON 20. REAL ESTATE TAXES, IF REQUIRED. LAND IS SITUATED WITHIN THE BOUNDARIES OF LOCAL TAXING LIMITED LIABILITY COMPANY, FOR FUTURE DEVELOPMENT. AUTHORITY OF KITSAP COUNTY. a 49290 yff"wy,4,, FG 15. TRACTS G AND H ARE PASSIVE RECREATION TRACTS. THE MAINTENANCE OF SAID 21-N SPECIAL TAXES 24 GENERAL AND SPECAND CHARGES. STR��O ����I' n slo 5�4 TRACT'S ARE THE RESPONSIBILITY OF THE STETSON HEIGHTS HOMEOWNERS AL LAND ASSOCIATION (HOA). 25-34 NOT SURVEY RELATED 9027 PACIFIC AVENUE, SUITE 4 Z 3%f/� 9416 FP PH 1 TACOMA, WASHINGTON 98444-6247 21JI2021 (253)474-3404 / FAX (253)472-7358 �� Page 324 of 440 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON I I 102301-2-052-2009 10 ST JOHN, BENJAMIN & I -- VALERIE I --------- 1308.35' S8T33'38"E 2601.77' 91'7- __ _____ Ll 1 I o I 0; I 0 00 h I h CY) o 0 J 102301-3-002-2008 I o WHITEHOUSE, DEAN & 0 I MONTGOMERY, ANNE 0 ooz I II of M 0 owe of I LO Y r) 0 I I Q Y I 14 O Z 0 Z I N Q o - N � Q ' P 1102301-3-004-2006 I 102301-3-003-2007 I BELL, SAMUEL & MARY I I CRUTCHER, BRIAN & JANICE Q0C/� O11:_ o N O O) I mu W °0 O>J to O Z N h vl- z w z O ap co o:Of o r7 W N N Y CV °' z O_j 1270.02' TRACT 'I' FUTURE PHASE III PARCEL D N8T22'21 "W 1— 299 500 102301-2-053-2008 DAWKINS, MARCUS S87'27'59"E 30.17' PARCEL C I I I I 102301-2-019-2001 I SKIDMORE, LANCE g� 102301-2-014-2006 102301-2-034-2002 MYRA SEITZ, JERRY & I SULLIVAN, TIM & PATTI BARBARA I I i I 1711.08' K � TRACT 'B' L FUTURE PHASE II TRACT 'C' o FUTURE DEVELOPMENT N rn rn P VRCELB 'o 110 o00 I F9 00 I sl �00 57 g:�_ 417.66' TRACT 'A' STORMWATER TRACT T' FUTURE DEVELOPMENT PARCEL A 13" BRASS DISK W/ PUNCH STAMPED WITH 'KITSAP w COUNTY 0.4' IN CASE bVISITED 2/28/2020 o Z 0 o � 00 Cn O CY _. / LO to N O 00 2 I U M o z 102301-3-008-2002 M i. d F MCCORMICK WOODS PARTNERS PHASE I N I z O cn o� Cw Lu N Y o ¢ o U.I � b a co co Lu w w LL LEGEND � N MONUMENT FOUND AS NOTED z O CORNER FOUND AS NOTED (NR) NON -RADIAL BEARING v; C °' OA SEE FOUND CORNER DESCRIPTIONS ON SHEET 9 M 441.45' TRACT 'H' - - - N87'16'2"W 857.36' PASSIVE RECREATION 12 8.81- I CROTHER, CHRISTIE 102301-3-014 102301-3-013-2005 II 0230_ _ _ 8 192.04102301-3-015-2003 CATHERINE WASHBURN, MARK GRANT, JEFFERY & N87'44'4:,JEFFERY SHEET6 I CATHERINE & TERRI SHEET 7 SHEET 8 B SHEET 5 0 ET SHE4 � SW CORNER SECTION 10 2" BRASS DISK W/'X' & 'NE/16' AT SURFACE MAP SHEET INDEX S 1/4 CORNER SECTION 10 VISITED 2/26/2020 3" BRASS DISK W/ 'X' & PUNCH MARKED "KITSAP COUNTY, T23N, R1E, 10/15" 91. I10 VISITED 2/26/2020 16 f5 ------ - — --- N8711'02"W 2592596.25' �— ---__---- 1 10 �5 `O � Vb V � Q J Qsy 213104 THE BOUNDARY BETWEEN KITSAP COUNTY AND THE CITY OF PORT ORCHARD. KITSAP COUNTY NORTH OF LINE. CITY OF PORT ORCHARD IS SOUTH OF LINE. E 1/4 CORNER SECTION 10 3" BRASS DISK W/ 'X' & PUNCH SET IN CONC �2� DOWN 0.95' IN CASE S68i VISITED 2/26/2020 S8T33'38"E 2607.78' 00P 2190.1212 �� ---------THIS IS A TERRITORIAL ROAD. 7, RIGHT-OF-WAY IS 3r• C ESTABLISHED 30' EACH SIDE j�0 c�ls- � OF EXISTING TRAVELED �/ CENTERLINE. I s 2" BRASS DISK PUNCH SET IN IRON PIPE DOWN 0.4' IN CASE �s VISITED 5/28/2020 J N80'00'05k,*�' _. BRASS DISK WITH NCH DOWN 0.5' CASE S�TED 2/28/2020 3" MONUMENT WITH PUNCH DOWN 0.4IN CASEVISITED 5/28/2020 h 002 � P G� 3' BRASS DISK WITH PUNCH DOWN 0.6' IN C' 9� CASE VISITED 2/28/2020 `-TRACT 'J' WATER FACILITY \-N40'56' 1 YE 'b- 60.46' 2" BRASS DISK WITH PUNCH DOWN 0.6' IN CASE VISITED 2/28/2020 ROW PER KITSAP COUNTY ROAD PROJECT NO. 2433 (SEDGWICK ROAD TO GLENWOOD ROAD), DATED DECEMBER 14, 1988 3" BRASS DISK WITH NO MARKING DOWN 0.9' IN CASE VISITED 2/28/2020 THE BOUNDARY BETWEEN - KITSAP COUNTY AND THE CITY OF PORT ORCHARD. KITSAP COUNTY IS SOUTH AND EAST OF LINE. CITY OF PORT ORCHARD IS NORTH AND WEST OF LINE. SHEET 3 OF 10 W��wll _z a ki ji"I L<d"C". cleav i�iuG �iouan�a icv wen ff4mc d, �su ETACOMA, 7 PACIFIC AVENUE, SUITE 4 9416 FP PH 1 WASHINGTON 98444-6247 2�3�2021)474-3404 / FAX (253)472-7358 o, Page 325 of 440 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON I I/ CONTINUED ON SHEET 5 L=22 I�pp6 / p N TRACT ' E' CN STORM DRAINAGE I I q N84'20' 46'W 100.00, 1' ° �_`" �o iN �'�, 84,595 SF 1 N85'51'46"W 100.00' 1 0 29 i� `np "I�E24,230 SF � !o /� LO to ad oM 74 I� I• L56 1 Z �'�sj N J 4,119 SF 14.31' I N86'54'25"W 100.00' 72.29' -- - - N84'02'32"W w N I N87' 16' 17"W 100.00, 1 1 1 1 ! M C49 3 0 o _ _ - N&V02'09"W 63.96 N84'02'09 "W ! I 86.02' 1 �I. � N 0 73 ►o 4,032 SF % I L117 z co 4,000 SF 10 I i I N87'16'17"w 100.00, zi IN 72 of 31 0 1 LoI I^ 60 0 60 120 0 0 I. 4,000 SF to I 01 4,000 SF o ^I °wi I•- I, SCALEIN FEET I� N8T16'17"W 100.00' 1 I N87'16'17"W 100.00' b Ni IN 04 TRACT B 71 1 25' 25' C"C;I 3 2 0o LO I to Q q FUTURE PHASE II o o 4,000 SF �o Io �1 4,000 SF o I I I 915,144 SF N87'16'17"W 100.00' I't - of N8T16'17'W 100.00' �1 ! K I 0 70 I -_ i4 of 33 o I 4,000 SF TRACT 'D' 1 m i ` � o N 4,000 SF o Io .r to M ,�, " N87'16'17 FUTURE PHASE IV I ¢ o I z N87'16'17"w 100.00' M W 100.00' N of M 01 104,200 SF I ZI N c� w I 69 1 of 34 0 o 1 'mow �► 0 4,000 SF to �vNi I 4,000 SF M _1 0 CONTINUED ON SHEET 7 N8T16'17%l 1 i� I N87.1s'17"w 100.00' ! I Q wo 1 ; �o W1 co TRACT'F' TRACT 'C' FUTURE DEVELOPMENT 904.804 SF "0" 60 7,361 SF N86'42'37"E 101.2" 59 '''o. 8,388 SF 441.45' N87' 16'42"W 100.0o O of 3 5CD w w► w _ of � o W o FUTURE DEVELOPMENT 0 68 Ce 0 S8T07'42"E 150.0 ' 0 4,000 SF �o 'I 4,000 SF N I �„ c� o_ �I 668,402 SF 43.43'� 56.58' �J d N .0-N8716'17"W 1z _o24.40 N87'16'17W 100.0oz .� I I cv % 1 Zf 0020.00' j W 8716,17" 250.29' �4,0SF (5 1 CONTINUED ON SHEET 8 U 65.15' 40.00' 40.00 Q I 1 Mmool L118E1 & E2 40.00' 65.15' I I N87'16'17bullw azZwI-^00 ol .0C° o owX w f ofI w `n � Nlq t ciO 01 O rn w xlCcn o o NI w wlw� U) 14,000 SF N0�0�°z w %�.0w mC61 �w o N8T16' ¢U 04 d- � CD1.00 C62r d 1 \ \ a. d. / 10.00 w ;:1 I n o j i6 6 z \ 15.27' N N �, N \ 38 b 9I z 4'h'J GQ L=90a cs.9�\ z z z z 15.15' \ 5,463 SF _� z1 A=23'04'26.43" - 40.00' w I I L203 er R=50.00 40.00 40.00' 38, 4/ \-L206 L=20.1359' 150.42' 50.0_ - - - - -159.51' 3834.25L207o 93- _ 300.62_ 09.51 L201oN8WT1 66._51'_284.51' E2 C10 ---______-- d 33.54 0 " 4\ / o SW SEDGE STREET '''-- 4 R`Z5 2226s `/ " C98 ��2p6 90, 33.52' - 40.00 _ 40_00' 40.00' 40 00' 633.52' U) °� 00 Ln o 106.29' N87- 1-- 6- 42". I6�. 06�i C69 E2 5, 1 - _ - - - --40.00- 40.00_ - 40.00_ 40_00_ _ 40.00' M \� a� Oy ` N � C68 z � o arno 5' - - 4 - - 40.00'-40.00' L=130 j ¢> z N c» ��- ,n �- _oO10 I ao 00 ;� ;� - 40_00'-40.00'- 40.00_ 2 4� LLL_ to 7 L6 o (n ,ri (n 00 j 00 t� � oo io ;n ;n = C 71 33 S4 • 'i /. `n LO r7 o LO r w cD o Irk _o N o _ _Ln o o Lo o LO LL- uOR ui w. Lei °00 ono i� - I pA" 9�S)' a0 �00 � N w cv N N w I N wLn N^� r� w w � w 00 ^ o c0 o to o o o 00 E2 J Z ��C\2 4�30, 4a2s. C� I ,� w d N d" N I w N t x 't ro w d- u-) o �n `. �� �73 y 24 4 11, N e ,'� d d N rt N N N N _N CV N W d M W M w d w t� d N M o co E2 ^� B R\ 2" d _ i rj ^ _ r7 N M ^ �! N N N N^ r� W M w r7 0 o ?SO M d Cv N d w o co o z 00, c> 04 N z N � d d d- ih M d �- N^ o t/) w- �'133. Z z I E2 Z N N N N N v v M ;,, a rn z N ��1S I" 93' N Z Z Z N Z Z N `t .Md.. �t � w N O C/__� z N z z z N N U? N M 0000 / 10. �00' 4 L58--\ M-A40.00' z 40.00' 40.00' 40.00' 40.00' zSO 129 3.81' _ _ _ 40.00' 40.00' 12' GRAVEL DRIVE 00 in O N n d LEGEND MONUMENT FOUND AS NOTED ® SET KITSAP COUNTY STANDARD ROAD MONUMENT O CORNER FOUND AS NOTED • SET REBAR & CAP, SHAW 49290 E1 10' UTILITY EASEMENT, SEE NOTE 8 ON SHEET 2 E2 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTES 10 AND 11 ON SHEET 2 (NR) NON -RADIAL BEARING OA SEE FOUND CORNER DESCRIPTIONS ON SHEET 9 40.00' z z z M .d ^ / E2 ` `30 4136„ 40.00' 40.00' 40.00' * z 40.00' 40.00' 40.00' 40.00' 40.00' 5. N87'16'42'W 857.36' 50.00' z 21.07-' 38.93'I/ 5.17' 153.11' C74 °' --192.04' N8T44'43"W B-----:- ---- GRAVEL DRIVE TRACT 'H' A PASSIVE RECREATION 6,093 SF 49290�q� :ISTB4�9 4�' L LAND $ G 0 w g r�l N N z 1 10 �5 N84'03'49"W 31.98' SHEET 4 OF 10 CARBON y Y 9027 PACIFIC AVENUE, SUITE 4 9416 FP PH 1 TACOMA, WASHINGTON 98444-6247 21312021 (253)474-3404 / FAX (253)472-7358 g Page 326 of 440 Back to Agenda ■M111111111■■■■IE-K■■■■■ •• • •! 12# SCALE IN FEET TRACT 'B' FUTURE PHASE II 915,144 SF STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON sr 90 Cb 0756 J 8 70000, 9 / " ^i� / Ns .a••26, 4,453 SF N74.3j 361Y 10000 / S� 88 ' I�N! <r SF o 4,185 SF �o vl/ /V7,•4633,W 1 N76.41. " (d 16.48' 16 00.00• 4 87 100.06' l0 25' 12S, 4,443 SF. J 002 SF. / o o� N76 41 56'W 7 6'41'40 " of 100.00, 86 W 10o/ 1 % .05, "j 4 0 00 0 11 ' 4 /o N7 SF of 02 SF 6'41 'S6 41 '4 p, 100 1 18 1po 00' 0 0 85 04'� � / 4' 000 0 0 o / SF 002 SF N7 o 6'41 56 „W la Q o 1p0. '40 "Vy 100 If0 c"oa o/ 19 00 0 84 .04' GY ^ I 4,000 SF o : o /o >► M $F !p •mil r�,� oo/ N76.4156"W to ! tr ��rn o/ 100.00 W 100.03' 1 � �l 4, 0000 0 N7748 SF �a a o� N76.4j S6"W SF o 1 / ,� I 21 00.00 00 02' 1 I 4, 00 0 ) to N76• 0 SF o Co (� olio 41 S6 "W %� l of �2 100.0p. 0.01'0 1. 000 SF E2 10' 0 (o N76•41 56 )1' /vo o/ 2' 10p 00, ` o/ 3 N7 4, 000 o 6'41 '56 „W SF o / of El & E2 1p0,00' �r /1 24 l� 4,000 SF. o N 25' N/ N76.41 S6„W v � 2S' ( 100. p0, / 25 4,013 / �N 1' '01"WSF o v /1 E2 26 100.00, l 4,198 SF u ( N79• 13'3 o in h( 27 100.00, 7 Ih 4'227 SF- L 0 0 L=22 It ^ h( N81'47'07"W 100.00, a �,5 0 72�, �h 28 4,230 SF L if o I ;v / 1( I M. TRACT 'G' RW PASSIVE RECREATION jCc 149,682 SF / 1 59"W TRACT 'F' FUTURE DEVELOPMENT 668,402 SF T �\ I eo sF�• L �\ TRACT 'E' STORM DRAINAGE 84,595 SF h N84'20'46100.00' co o 'j 1"IV (N his f 29 / ,n in t I� � III' E2 o 4,230 SF J l� N86'54'25"W 100.00, I L56 I 72.29' N84'02'09'W 63.96' 21 IN84'02'09"W / I L117 I I ACCESS EASEMENT TO STORM DRAINAGE TRACT j I CONTINUED ON SHEET 4 & PRIVATE STORM DRAINAGE EASEMENT (E2)I (T0 BE EXTINGUISHED UPON ROAD BEING EXTENDED WITH FUTURE DEVELOPMENT) I I I N84'02'32"W cMv 86.02' CIO w 0 Q LEGEND MONUMENT FOUND AS NOTED ® SET KITSAP COUNTY STANDARD ROAD MONUMENT O CORNER FOUND AS NOTED • SET REBAR & CAP, SHAW 49290 E1 10' UTILITY EASEMENT, SEE NOTE 8 ON SHEET 2 E2 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTES 10 AND 11 ON SHEET 2 (NR) NON -RADIAL BEARING SHEET 5 OF 10 1 P� R. syq� C� lobLARS44, ON 4= �o � i?G &w4"." Aw. ssf�NAL LAZiU g�4' ETACOMA, 7 PACIFIC AVENUE, SUITE 4 9416 FP PH 1 WASHINGTON 98444-6247 2I312021)474-3404 / FAX (253)472-7358 �C Page 327 of 440 Back to Agenda VOL / PG STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON 3 � 10 ' N2'27'33"E .. i 2643.72' 420.20' N � � LEGEND N oa MONUMENT FOUND AS NOTED w ® SET KITSAP COUNTY STANDARD ROAD MONUMENT N TRACT 'A' O CORNER FOUND AS NOTED STORM DRAINAGE cn 909,132 SF • SET REBAR & CAP, SHAW 49290 \ X- BARBED WIRE FENCE E1 10' UTILITY EASEMENT, SEE NOTE 8 ON SHEET 2 E2 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTES / 10 AND 11 ON SHEET 2 °° (NR) NON -RADIAL BEARING A SEE FOUND CORNER DESCRIPTIONS ON SHEET 9 0 �O TRACT B s o FUTURE PHASE II 6 / �a s v' o moo. $19 / 10 915,144 SFAY \ s'sr °F �10.87 // 06�0 /off,\ E2 2. S .9 ° / r� /moo L162 Q12 L=6.29' 100 ro "'�• `9 �15 / / F� / ^ �' 6,777 SF L211-� 27 E2 m C94 L=43.40' a w , 7 1 Ss, /G�y po / / b *00 96 sp C95 N / �' �5 19 48' ' \ TRACT ' F' A`ao FUTURE DEVELOPMENT �1 \ °oo• ��° c� — 41" 668,402 SF ply 272.77' A=100'49' �, / e�� y / °, CID / 18 _00. C,3 Go. O I ol>r, to �,"v`: fV 99 \ w 25.56' 6„ G1� a�X 01 �i. I rn LA N 7 4 t o L=228.70' A=70'494 6' °u 12 SF 1 v`V 2 " G�6 i su, c' �� I r c L=204.09 K ao Est• Fj / 12_C13 C14 \ 0 6 s Q �,y� tiAs• 5.32 $ �ry� 12.50' 6,239 SF o as� `ro `�' F? °°' ti° 1 o J 60 0 60 120 SF / N6 � ' o SCALE IN FEET ss�?, E2 �`\°` off/ 1s��36 $ W00 v^ \ 9) ?; ALn O/ oo. ~/ o �o ?S• Ng F� . p)9 �, y96 SF / �`L� ca 47 36 F? SF vV) c� o �'� FR SEE ��� 2 _ `o sus 3 0 / 0 oG 6 9S9% C20 5 L21 'X tk Q 7 t ,SySF 9 " SF TRACT 'G' 93 Vkv 0� / �� 9 70 PASSIVE RECREATION �S?• �' �S °° / '� '��'� °6/ 2 `'�' °� 149,682 SF xC7 SA_ '�� 4- 71 51 A 9? J'p0 / �' 4'' G`��' �'u'� • �S7 oo �,`� L147 "'� TSB• S3 S °°• •'yo � '`��' SF to oo" L145 v 9 S �y � / /o1^'w / A )212 �cP�y p°o. -� - -I /63' ASS / °�Op. / 0� Va tiy�y • S7 S,F 'O L146 44•S• S //o, ?S' / 73 ° L143---_.�� N1�C6 Op op / o� ?S• ,, '1'S . ,,57 S' S F rR. SHEET 6 OF 10 CARBON C/ /\`j'`.`-L140 ONQ /v, / / _ _ _ _ L138_ � ��39 �D ON S C � _ + - �sIONA�' I.N�� 9027 PACIFIC AVENUE SUITE 4 N` 9416 FP PH 1 S CONTINUED 0 N SHEET 8 TACOMA, WASHINGTON 98444-6247 L• 3l �/! 21JI2021 (253)474-3404 / FAX (253)472-7358 A Page 328 of 440 Back to Agenda GRAVEL i� N N d d' tfj STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMEITE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON L11 1. 2' io 0 0 J 1.5' i 1 1 1 S87*27'59"E 1 TRACT 'B' FUTURE PHASE II Lgq L92 L90 915,144 SF �g6 V95 L93 L91 L89 L88 L85--' L100 �, rw / � O O L102 O 00 L104 �O� L84 v co L106 soh L108 v � 0 U TRACT 'C' ,j FUTURE DEVELOPMENT 00 904,804 SF ti C104 4?7S S3704'50"W(RAD) s� = TRACT 'I' Q' 74 FUTURE PHASE III �ry 875,739 SF j 'O C� O b` 4' M� L113 1 "W 1299. LEGEND O CORNER FOUND AS NOTED • SET REBAR & CAP, SHAW 49290 x x BARBED WIRE FENCE HOG WIRE FENCE -o---o--- WOOD FENCE E1 10' UTILITY EASEMENT, SEE NOTE 8 ON SHEET 2 E2 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTES 10 AND 11 ON SHEET 2 (NR) NON —RADIAL BEARING (RAD) RADIAL BEARING OSEE FOUND CORNER DESCRIPTIONS ON SHEET 9 N 0 00 co 0.3' i- I J h 14 w -� L2 a�v � L 1 S8T27'59"E 30.17' to J � icy 00 N64'00'37"W(RAD) 487 L82 S74.16?6" O Zj �� UJ J 1 S0.00 L77 C100 L76`�� -_j S75-07'25"E(RAD) O V J O J D1 (O J CO J P_ co ._1 co c0 J tT W -p g7 1' 31„� p W W = A=5'09'09" w L 62 C79 (n R=325.00 L=29.2266' � L61 Z O W Z z 0 N (V to r'j 150 0 150 300 SCALE IN FEET 0 1� 4*' STOPX�cS'70N�L LAND Z32� SHEET 7 OF 10 1 B 7*16'42"W 1298.81' LARSON N NCO z 10 9027 PACIFIC AVENUE, SUITE 4 15 9416 FP PH 1 TACOMA, WASHINGTON 98444-6247 21312021 (253)474-3404 / FAX (253)472-7358 wok AI+� Page 329 of 440 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON TRACT 'G' PASSIVE RECREATION 149,682 SF roNTINUED ON SHEETi \NIX 19' 1 r N ,� iE N ^�h��' .41 TI Cd � l co J / je 00 N 'I- �L178 In I I J J Il ryq�. �• T � sW I p0 IOpN OO�I I V � a d L166 / N o N -118 ; �� L167 L176�\ L170 L168 L172 �N/ L169 L171---'- L173 CONTINUED ON SHEET 4 N 0, 00 .n sue,- Q s� % o`s,�.a� L1990 L198��/ L�yO` =41 00 o Q,I o' 00, z�l C12 A, "o JI a L192� 4- � �L194 �ry L191�� I� 189 to 00I \\—L186 JI L 182 _� �// TRACT ' F' FUTURE DEVELOPMENT 668,402 SF 6 2" BRASS DISK W/ PUNCH SET IN IRON PIPE DOWN 0.4' IN CASE b\ VISITED 5/28/2020 00 00. �. 2" BRASS DISK WITH o; PUNCH DOWN 0.5' o IN CASE VISITED 2/28/2020 e? 3" MONUMENT WITH PUNCH DOWN 0.4' �\ IN CASE 00- VISITED 5/28/2020 3" BRASS DISK WITH PUNCH DOWN 0.6' IN CASE VISITED 2/28/2020 i MQ ti N62252� � SvV �0P ^OO 2" BRASS DISK WITH PUNCH DOWN 0.6' IN CASE VISITED 2/28/2020 3" BRASS DISK W/ PUNCH STAMPED WITH 'KITSAP COUNTY 0.4' IN CASE VISITED 2/28/2020 3" BRASS DISK WITH NO MARKING DOWN 0.9' IN CASE VISITED 2/28/2020 00 0 100 200 SCALE IN FEET qm*401�� MONUMENT FOUND AS NOTED ® SET KITSAP COUNTY STANDARD ROAD MONUMENT O CORNER FOUND AS NOTED • SET REBAR & CAP, SHAW 49290 E1 10' UTILITY EASEMENT, SEE NOTE 8 ON SHEET 2 E2 PRIVATE STORM DRAINAGE EASEMENT, SEE NOTES 10 AND 11 ON SHEET 2 (NR) NON —RADIAL BEARING SHEET 8 OF 10 AL LAND 5" =21J12021 9027 PACIFIC AVENL(253)47T2-73/58 TACOMA, WASHING(253)474-3404 /FAX Page 330 of 440 Back to Agenda LINE TABLE LINE # LENGTH DIRECTION L1 3.38' N2'23'56"E L2 73.22' N79'25'23"E L3 69.22' N10'37'23"W L4 84,89' N11'28'29"W L5 140.98' N3'37'28"W L6 41.63' N1'06'50"W L7 59.45' N1'50'14"E L8 57.30' NO'13'06"W L9 92.49' N1'48'47"W L10 82.97' N1'45'24"E L11 18.55' N3'25'29"E L12 60.46' S40'56'13"W L13 40.00' N30'44'12"E L14 40.00' N39'04'41"E L15 40.00' N47'25'09"E L16 40.00' N55'45'38"E L17 59.05' S51'52'08"W L18 59.05' S40'56'21 "W L19 52.50' S30'57'05"W L20 38.60' N73'51'52"W L21 63.26' S84'22'22"W L22 63.26' S73'41'52"W L23 63.26' S63'01'22"W L24 40.00' N49'31'25"E L25 40.35' N53'06'12"E L26 45.84' S54'11'39"W L27 48.03' S49'47'37"W L28 40.00' S68'32'41 "W L29 39.75' S44'39'10"E L30 50.80' S37'03'45"E L31 46.07' S41'15'43"E L32 49.41' N18*1O'15"E L33 49.41' N28'57'36"E L34 49.41' N34'21'16"E L35 49.41' N39'44'56"E L36 49.41' N45'08'37"E L37 49.41' N50'32'17"E L38 49.41' N55'55'58"E L39 39.91' N56'09'32"E L40 39.92' N31'08'43"E L41 42.46' N3'11'44"E L42 43.83' N5'14'02"E L43 43.83' N7'25'37"E L44 43.83' N9'37'13"E L45 43.83' N11'48'49"E L46 40.69' N13*16'46"E L47 43.79' N13'52'49"E L48 49.41' N18*1O'15"E L49 49.41' N2333'55"E L50 40.00' N22'23'43"E L51 39.99' N14'45'35"E L52 39.70' N12'02'48"E L53 39.98' N9'29'42"E L54 40.00' N6'56'03"E L55 40.00' 1 N4'22'24"E STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON LINE TABLE LINE # LENGTH DIRECTION L56 7.48' N4'22'24"E L57 44.56' N68'08'53"E L58 1.06' N84'03'49"W L59 32.52' N4'22'24"E L60 40.00' N2'12'41"W L61 100.00' N82'40'19"E L62 100.00' S77'31'10"W L63 44.10' N11'18'19"W L64 44.10' N8'57'17"W L65 44.10' N6'36'15"W L66 44.10' N4'15'13"W L67 44.10' N1'54'11"W L68 44.10' NO'26'51 "E L69 44.10' N2'47'53"E L70 44.10' N5'08'55"E L71 44.10' N7'29'57"E L72 44.10' N9'50'59"E L73 44.10' N12'12'01"E L74 44.10' N14'33'03"E L75 37.62' N49'10'35"W L76 100.00' S75'07'25"E L77 40.00' N16*15'56"E L78 40.00' N19'02'38"E L79 40.00' N21'49'20"E L80 40.00' N2'45'16"E L81 100.00' N64'00'37"W L82 40.00' N24'36'02"E L83 101.93' N8'18'30"E L84 100.00' S81'41'30"E L85 39.60' N10*10'57"E L86 16.19' N60'30'02"W L87 40.00' N65'07'55"W L88 45.23' N70'03'50"W L89 50.00' N75'34'46"W L90 59.94' N81'56'49"W L91 40.07' N87'46'27"W L92 40.00' S87'22'06"W L93 40.00' S82'29'27"W L94 40.00' S7736'48"W L95 55.35' S71'20'57"W L96 50.00' S66'11'31 "W L97 53.34' S58'45'56"W L98 40.00' S53'22'43"W L99 40.00' S48'30'03"W L100 40.00' S43'37'23"W L101 40.00' S39'06'50"W L102 39.92' S38'12'06"W L103 40.08' S36'50'03"W L104 40.00' S34'11'49"W L105 40.00' S31'33'44"W L106 40.00' S28'55'40"W L107 40.00' S26'49'49"W L108 40.05' S26'39'30"W L109 100.00' N63'20'30"W L110 1 20.00' S26'39'30"W LINE TABLE LINE # LENGTH DIRECTION L111 100.00' S63'20'30"E L112 48.48' S29'51'00"W L113 39.98' S15'56'08"W L114 92.84' S16'49'37"W L115 70.17' S17'23'21 "W L117 8.44' N87'10'25"W L118 16.59' S78'09'25"E L119 63.79' S13'50'43"W L120 44.71' S22'39'22"W L121 58.75' S11'53'25"E L122 59.89' S51'26'44"E L123 30.18' S8'25'36"E L124 61.30' S52'40'30"E L125 36.91' N68'32'10"E L126 23.07' S78'51'54"E L127 18.79' S60'52'40"E L128 18.58' S35'23'17"E L129 18.93' S18'56'04"E L130 21.32' S7'18'45"W L131 28.60' S13'48'17"W L132 40.21' S11'42'40"E L133 39.42' S18'00'24"E L134 23.57' S11"6'12"W L135 23.81' S34'32'32"W L136 26.85' S64'39'45"W L137 54.80' N85'39'45"W L138 43.17' S85'50'07"W L139 35.20' S65'11'10"W L140 22.35' S29'42'20"E L141 16.53' S29'42'20"E L142 19.84' S6'28'44"E L143 20.06' S15*10'56"W L144 23.03' S38'32'10"W L145 26.11' S66'08'33"W L146 21.05' S89'08'35"W L147 38.06' N66'48'30"W L148 32.32' S46'03'45"W L149 31.25' S59'27'18"W L150 26.44' S69'35'10"W L151 31.41' S34'43'48"W L152 28.91' S45'37'49"W L153 47.41' S57'38'39"W L154 41.93' S49'25'40"W L155 35.07' S62'16'11 "W L156 44.21' S77'34'11 11W L157 7.73' S33'36'22"W L158 39.53' S33'36'22"W L159 21.90' S56'23'59"W L160 20.51' S33'30'00"W L161 23.51' S62'21'50"W L162 11.75' S84'31'28"W L163 17.14' S56'23'59"W L164 42.52' S7'19'27"W L165 51.43' S3'04'15"E L166 20.71' S32'11'49"W LINE TABLE LINE # LENGTH DIRECTION L167 22.32' S7'14'07"W L168 18.55' S19'11'29"E L169 16.21' S35'11'53"E L170 18.67' S55'46'27"E L171 19.44' S76'41'32"E L172 18.99' N81'09'12"E L173 17.59' N59'16'26"E L174 56.00' N43'13'40"E L175 27.93' N14'09'07"E L176 34.69' N17'58'04"W L177 53.39' N3'17'21 "W L178 22.39' N 7'05'01 "E L179 37.81' N21'03'52"E L180 48.90' N14'06'43"E L181 43.87' N32'18'33"E L182 41.01' N45'05'26"E L183 50.56' N4'54'31"E L184 14.01' N27'02'39"E L185 19.83' S66'14'42"E L186 17.85' N89'48'58"E L187 53.91' N76'00'00"E L188 39.84' N63'14'21 "E L189 26.62' N35'42'37"E L190 29.46' N4'44'19"E L191 23.98' N30'43'29"W L192 20.12' N55'26'11 "E L193 114.45' N13'51'49"E L194 21.69' N30'39'24"E L195 53.26' N7'07'24"E L196 53.04' N79'38'41"E L197 57.12' N61'06'01"E L198 18.81' S74'03'54"E L199 19.67' N86*57'51 "E L200 25.84' N65'41'13"E L201 59.78' S86'39'43"W L202 71.40' S44'06'07"W L203 4.13' S48'15'45"E L204 10.00' S41'44'15"W L205 18.61' N48'15'45"W L206 10.00' N41'44'15"E L207 4.47' S48'15'45"E L208 72.55' N44'06'07"E L209 27.60' N16'55'1 YE L210 139.03' S72'38'57"E L211 10.00' N17'21'03"E L212 146.88' S72'38'57"E L213 64.65' N16'55'1 YE L214 100.00' N63'20'30"W L215 75.87' N58'29'10"W L216 55.00' N40'49'25"E L217 43.69' S49'10'35"E CURVE TABLE CURVE # LENGTH RADIUS DELTA Cl 135.83' 930.00' 8'22'05" C2 53.16' 200.00' 15'13'40" C3 54.59' 375.00' 8'20'29" C4 54.59' 375.00' 8'20'29" C5 54.59' 375.00' 8'20'29" C6 54.59' 375.00' 8'20'29" C7 6.72' 375.00' 1'01'38" C8 13.28' 210.00' 3'37'24" C9 40.06' 210.00' 10*55'48" C10 40.06' 210.00' 10*55'48" C11 26.27' 210.00' 7'10'06" C12 64.19' 50.00' 73'33'34" C13 45.61' 215.00' 12'09'21" C14 40.06' 215.00' 10*40'31" C15 40.06' 215.00' 10*40'31" C16 40.06' 215.00' 10'40'31" C17 20.01' 215.00' 5*19'54" C18 18.30' 215.00' 4'52'33" C19 40.02' 435.00' 5*16'18" C20 20.74' 435.00' 2'43'55" C21 64.96' 465.00' 8'00'13" C22 29.13' 495.00' 3'22'20" C23 40.01' 495.00' 4'37'53" C24 113.99' 155.00' 42'08'05" C25 70.45' 155.00' 26'02'32" C26 88.33' 155.00' 32'39'10" C27 5.96' 215.00' 1'35'20" C28 17.20' 215.00' 4'35'06" C29 33.68' 215.00' 8'58'30" C30 64.19' 50.00' 73'33'34" C31 41.19' 160.00' 14'45'05" C32 49.99' 160.00' 17'54'01" C33 17.27' 425.00' 2*19'42" C34 40.01' 425.00' 5'23'40" C35 40.01' 425.00' 5'23'40" C36 40.01' 425.00' 5'23'40" C37 40.01' 425.00' 5'23'40" C38 40.01' 425.00' 5'23'40" C39 40.01' 425.00' 5'23'40" C40 40.01' 425.00' 5'23'40" C41 40.01' 425.00' 5'23'40" C42 16.00' 425.00' 2'09'25" C43 7.40' 1045.00' 0'24'22" C44 40.00' 1045.00' 2*11'36" C45 40.00' 1045.00' 2'11'36" C46 40.00' 1045.00' 2*11'36" C47 40,00' 1045.00' 211'36" C48 25.69' 1045.00' 1'24'31" C49 6.33' 995.00' 0'21'52" C50 44.47' 995.00' 2'33'39" C51 44.47' 995.00' 2'33'39" C52 44.45' 995.00' 2'33'34" C53 44.14' 995.00' 2'32'31" C54 32.12' 375.00' 4'54'28" C55 54.59' 375.00' 8'20'29" CURVE TABLE CURVE # LENGTH RADIUS DELTA C56 26.42' 26.00' 58*13'51" C57 44.23' 54.00' 46'55'44" C58 78.54' 50.00' 90100'00" C59 78.66' 50.00' 90'08'35" C60 84.87' 50.00' 97'15'09" C61 5.99' 50.00' 6'51'36" C62 34.94' 50.00' 40'02'02" C63 20.14' 50.00' 23'04'26" C64 41.15' 50.00' 47'09'23" C65 41.15' 50.00' 47'09'23" C66 36.66' 50.00' 42'00'41" C67 32.86' 50.00' 37'39'25" C68 12.13' 25.00' 27'48'24" C69 6.56' 25.00' 15'01'37" C70 18.69' 25.00' 42'50'00" C71 50.44' 220,00' 13*08'12" C72 64.76' 220.00' 16'51'52" C73 14.97' 220.00' 3'53'59" C74 135.83' 930.00' 8'22'05" C75 30.01' 930.00' 1'50'57" C76 52.53' 930.00' 3*14'12" C77 37.46' 24.00' 89'25'35" C78 78.54' 50.00' 90'00'00" C79 29.23' 325.00' 5'09'09" C80 131.20' 355.00' 2110'28" C82 201.45' 572,96' 20'08'43" C83 138.61' 602.96' 13*1O'15" C84 389.73' 1000.00' 22'19'48" C85 229.04' 700.00' 18'44'50" C86 197.60' 670.00' 16'53'53" C87 309.38' 1000.00' 17'43'35" C88 297.69' 630.00' 27'04'24" C89 283.51' 600.00' 27'04'24" C90 220.16' 830.00' 15*11'52" C91 300.00' 800.00' 21'29'09" C92 230.62' 950.00' 13'54'33" C93 55.97' 280.00' 11'27'14" C94 5.13' 185.00' 1'35'20" C95 4.30' 155.00' 1'35'20" C96 209.39' 1000.00' 11'59'49" C97 217,45' 900.00' 13'50'36" C98 11.44' 280.00' 2'20'28" C99 56.39' 925.00' 3'29'35" C100 13.72' 925.00' 0'50'59" C101 61.90' 830.00' 4'16'23" C102 55.34' 1 830.00' 3-49'14" C103 102.91' 830.00' 7*06'15" C104 2.97' 300.00' 0'34'00" FOUND CORNER DESCRIPTIONS O 5/8" REBAR & CAP 'KEGEL LS 14065 VISITED 2/28/2020 0.95' NORTH OF CALC CORNER O 5/8" REBAR & CAP 'KEGEL LS 14065 VISITED 2/28/2020 0.9' NORTH OF LINE 5/8" REBAR & CAP O 'KEGEL LS 14065 VISITED 2/28/2020 1.17' NORTH OF CALC CORNER 5/8" REBAR & CAP O 'KEGEL LS 14065 VISITED 2/28/2020 2.78' NORTH OF CALC CORNER 5/8" REBAR & CAP O F.A. KEGEL LS 14065' VISITED 6/24/2020 2.9' NORTH OF CALC CORNER 5/8" REBAR & CAP O F.A. KEGEL LS 14065' VISITED 6/25/2020 5.11' NORTH OF CALC CORNER 5/8" REBAR & CAP O 'THORTON LS 10238' VISITED 6/25/2020 1.22NORTH OF LINE Oi1 /2" IRON PIPE W/ FLAG F& 2x2 STAKE MARKED PROPERTY CORNER VISITED 6/25/2020 1.17' NORTH OF LINE O 5/8" REBAR & CAP F.A. KEGEL LS 14065' VISITED 2/28/2020 1.03' NORTH OF CALC CORNER O 3/4" IRON PIPE VISITED 6/29/2020 3/4" IRON PIPE v UP 0.5' VISITED 6/30/2020 CENTER SECTION 10 O 3/4" IRON PIPE UP 0.4' VISITED 6/30/2020 0.3' NORTH OF LINE O1 /2" REBAR & CAP M RPLS 9398 DOWN 0.9' VISITED 6/30/2020 0.48' NORTH OF LINE O1" IP W/ CAP N RPLS 9398 VISITED 6/30/2020 0.32' NORTH OF CALC CORNER SHEET 9 OF 10 LARSON �m��raociu�eo- �iuG ETA 7 PACIFIC AVENUE, SUITE 4 9416 FP PH 1MA, WASHINGTON 98444-6247 21JI2021)474-3404 / FAX (253)472-7358 Page 331 of 440 Back to Agenda STETSON HEIGHTS, A PLAT COMMUNITY, PHASE I A PORTION OF THE NW 1/4, NE 1/4, & SE 1/4 OF THE SW 1/4 AND OF THE NW 1/4 & SW 1/4 OF THE SE 1/4, ALL IN SECTION 10, TOWNSHIP 23 NORTH, RANGE 1 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PORT ORCHARD, KITSAP COUNTY, WASHINGTON LOT# ADDRESS PARCEL NUMBER 1 920 SW PENDLETON WAY NOT YET ASSIGNED 2 930 NOT YET ASSIGNED 3 940 NOT YET ASSIGNED 4 950 NOT YET ASSIGNED 5 960 NOT YET ASSIGNED 6 5701 WAVERLY RD. SW NOT YET ASSIGNED 7 5707 NOT YET ASSIGNED 8 5715 NOT YET ASSIGNED 9 5723 NOT YET ASSIGNED 10 5731 NOT YET ASSIGNED 11 5739 NOT YET ASSIGNED 12 5801 NOT YET ASSIGNED 13 5813 NOT YET ASSIGNED 14 5821 NOT YET ASSIGNED 15 5833 NOT YET ASSIGNED 16 5845 NOT YET ASSIGNED 17 5853 NOT YET ASSIGNED 18 5861 NOT YET ASSIGNED 19 5903 NOT YET ASSIGNED 20 5909 NOT YET ASSIGNED 21 5913 NOT YET ASSIGNED 22 5921 NOT YET ASSIGNED 23 5929 NOT YET ASSIGNED 24 5937 NOT YET ASSIGNED 25 5945 NOT YET ASSIGNED 26 5953 NOT YET ASSIGNED 27 5965 NOT YET ASSIGNED 28 6007 NOT YET ASSIGNED 29 6015 NOT YET ASSIGNED 30 6027 NOT YET ASSIGNED 31 6035 NOT YET ASSIGNED 32 6043 NOT YET ASSIGNED 33 6051 NOT YET ASSIGNED 34 6059 NOT YET ASSIGNED 35 6067 NOT YET ASSIGNED 36 6075 NOT YET ASSIGNED 37 6083 NOT YET ASSIGNED 38 1053 SW SEDGE ST. NOT YET ASSIGNED 39 1000 NOT YET ASSIGNED 40 1008 NOT YET ASSIGNED 41 1016 NOT YET ASSIGNED 42 1024 NOT YET ASSIGNED 43 1032 NOT YET ASSIGNED 44 1040 " NOT YET ASSIGNED 45 1048 NOT YET ASSIGNED 46 1056 NOT YET ASSIGNED 47 1064 NOT YET ASSIGNED 48 1072 NOT YET ASSIGNED 49 1080 NOT YET ASSIGNED 50 1102 NOT YET ASSIGNED 51 1110 NOT YET ASSIGNED « « LOT# ADDRESS PARCEL NUMBER 53 1126 NOT YET ASSIGNED 54 1134 NOT YET ASSIGNED 55 1142 NOT YET ASSIGNED 56 1150 NOT YET ASSIGNED 57 1158 NOT YET ASSIGNED 58 1166 NOT YET ASSIGNED 59 1174 NOT YET ASSIGNED 60 1173 NOT YET ASSIGNED 61 1165 NOT YET ASSIGNED 62 1157 NOT YET ASSIGNED 63 1131 NOT YET ASSIGNED 64 1123 NOT YET ASSIGNED 65 1115 NOT YET ASSIGNED 66 1107 NOT YET ASSIGNED 67 1101 NOT YET ASSIGNED 68 6070 WAVERLY RD. SW NOT YET ASSIGNED 69 6062 NOT YET ASSIGNED 70 6054 NOT YET ASSIGNED 71 6046 NOT YET ASSIGNED 72 6038 NOT YET ASSIGNED 73 6030 NOT YET ASSIGNED 74 6022 NOT YET ASSIGNED 75 6014 NOT YET ASSIGNED 76 6006 NOT YET ASSIGNED 77 5964 NOT YET ASSIGNED 78 5956 NOT YET ASSIGNED 79 5948 NOT YET ASSIGNED 80 5940 NOT YET ASSIGNED 81 5932 NOT YET ASSIGNED 82 5924 NOT YET ASSIGNED 83 5916 NOT YET ASSIGNED 84 5908 NOT YET ASSIGNED 85 5900 NOT YET ASSIGNED 86 5864 NOT YET ASSIGNED 87 5856 NOT YET ASSIGNED 88 5848 NOT YET ASSIGNED 89 5840 NOT YET ASSIGNED 90 5832 NOT YET ASSIGNED 91 5826 NOT YET ASSIGNED 92 5818 NOT YET ASSIGNED 93 5810 NOT YET ASSIGNED 94 5802 NOT YET ASSIGNED 95 5746 NOT YET ASSIGNED 96 5738 NOT YET ASSIGNED 97 5730 NOT YET ASSIGNED 98 5716 NOT YET ASSIGNED 99 1000 SW PENDLETON WAY NOT YET ASSIGNED 100 1001 NOT YET ASSIGNED 101 945 NOT YET ASSIGNED 102 935 NOT YET ASSIGNED 103 925 NOT YET ASSIGNED z4/21 SHEET 10 OF 10 �N R. Sh,�� LARSON TE1� �o �iciuGyw"W'� 9G C�iu�reae�ia, �sxr ssl�NAL LAti'D 'o ETACOMAWASFUNGTON98444-6247 PACIFIC AVENUE, SUITE 4 9416 FP PH 1 21312021474-3404 / FAX (253)472-7358 Page 332 of 440 Back to Agenda CITY OF PORT ORCHARD Development Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 874-5533 • Fax: (36o) 876-498o planning @ cityofportorchard.us www.cityofportorchard.us February 4, 2021 City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 Re: Recommendation of Approval of Final Plat for Stetson Heights Phase 1 LU20-PLAT FINAL- 02 Dear City Council: In accordance with RCW 58.17.150(2), 1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the City's Hearing Examiner decision dated September 1, 2016, the conditions of the SEPA MDNS dated June 24, 2016, and the minor plat amendment dated June 13, 2018. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I therefore recommend approval of the final plat. Sincerely, Nicholas Bond, AICP City Development Director Page 333 of 440 Back to Agenda CITY OF PORT ORCHARD Public Works Director 216 Prospect Street, Port Orchard, WA 98366 Phone: (36o) 876-4991 • Fax: (36o) 876-498o mdorseyP cityofportorchard. us www.cityorportorchard.us Port Orchard City Council City of Port Orchard 216 Prospect Street Port Orchard, WA 98366 February 2, 2021 Re: Recommendation of Approval of Final Plat for Stetson Heights — Phase I Dear City Council: In accordance with RCW 58.17.150(2), I hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the Conditions and Mitigation Measures within the City of Port Orchard Hearing Examiner's Findings, Conclusions and Decision dated September 1, 2016 and Minor Amendment dated June 13, 2018. The subdivision as presented complies with all terms and conditions of the approved preliminary plat that are within the authority of the Department of Community Development. I also state that the City of Port Orchard has confirmed that it has sufficient water and sewage disposal service, pursuant to the completion of the required onsite and offsite improvements. Finally, the final plat documents have been reviewed, and I have confirmed that all working drawings and specifications for the improvements have been prepared in conformance with City standards and that all required improvements are either complete and accepted, or that Performance Bonds have been established for all unfinished and/or unaccepted work. I therefore recommend approval of the final plat. If you should have any questions, or need additional information, please feel free to contact me at this office. Sincerely, a orsey, P.E. Public Works Director/City Engineer MRD;mrd Cc: Charlotte Archer — City Attorney Nick Bond — Development Director File U:\ENGINEERING\Non-City PROJECTS\SITE DEVELOPMENT - RESIDENTIAL\Stetson\Admin\F-Plat Ph I\City Engineer F-Plat Approval -Stetson Heights -Phase I.docx Page 334 of 440 Back to Agenda Commissioners: Miche Eslava • Dave Gelsleichter • Paul Golnik • Gerald Preuss • Dusty Wiley 5[)U1TH i�Ir��AP City Council City of Port Orchard 216 Prospect Street Port Orchard WA 98366 Fire Chief Jeff Faucett January 21,2021 RE: Recommendation of Approval of Final Plat for Stetson Heights Phase 1 Dear City Council: In accordance with RCW 58.17.150(2),1 hereby state that I have reviewed the subdivision documents for conformance to applicable land use regulations and to the conditions in the City of Port Orchard Hearing Examiner decision and conditions. The subdivision complies with all terms and conditions of the approved preliminary plat that are within the authority of South Kitsap Fire and Rescue. I therefore recommend approval of the final plat. Sincerely, Bradley Wiggins Deputy Fire Marshal South Kitsap Fire and Rescue 1974 Fircrest Drive SE Port Orchard, WA 98366 www.skfr.org or like us on Facebook 360-871-2411 Office 360-871-2426 Fax Page 335 of 440 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND #: 023216755 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 1 Owner/Developer/Contractor: Active Construction Inc. (ACI) _ _ Off -site Improvements — OI 3, Water Booster Pump Station associated with Tax Parcel Nos. 102301-4-062-2003, 102301-3-022-2004, 102301-3-023-2003, and Project Location: 102301-3-024-2002 KNOW ALL PERSONS BY THESE PRESENTS: That we, Active Construction] Inc. (hereinafter called the "Principal"), and Liberty Mutual Insurance Company a corporation organized under the laws of the State of Massachusetts _, 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 suer of One Million, Three Hundred and Forty One Thousand, and Four Hundred and Silty Seven Dollars and No Cents (S 1,341,467.00j, 150% of the total construction amount for the items listed below for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal, in conjunction with the Owner Stetson Heights, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU20-PLAT FINAL- 02, for a project known as Stetson Heights, Phase 1 located at A portion of the NW '/4, NW 1/4 & SE `/4 of the SW % and of the NW V & SW %4 of the SE 1/4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 102301-4-062-2003, 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the City's approval requires that the improvements are to be made or constructed by the date set out herein, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: Page 1 of 6 Performance Bond — 013 — Stetson Heights Page 336 of 440 Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the design and constriction of the Water Booster Pump Station, and associated work, as set out on Exhibit A hereto and incorporated herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and constrict the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above -referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by October 1.2023. unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. 5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. 6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by this Bond between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a two (2) year Maintenance Bond, not to exceed the sum of Two Hundred and Sixty_ Eight Thousand, Two Hundred and Ninety Three Dollars and Fogy Cents ($268.293.401, 20% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. Page 2 of 6 Performance Bond—OI 3—Stetson Heights Page 337 of 440 Back to Agenda 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. C. Con ections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terns of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terns and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amotmt to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in airy judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 3 of 6 Performance Bond —OI 3 — Stetson Heights Page 338 of 440 Back to Agenda DATED this 2nd day of February , 2021 SURETY COMPANY (Signature i! t be notarized) By. �,,WaJLLk Its Attorney -in -Fact Paint Name: Holli Albers Busi}iess Naive. Liberty Mutual Insurance Company Business Address: 1001 41h Avenue, Suite 3700 City/State/Zip Code: Seattle, WA 98154 Telephone Number: 206-473-3788 PRINCIPAL (Signatu must be notarized) By: ';� lb�� Its Vito Bsi_de_A+' _ Print Name: Business Name: Active Construction, Inc. Business Address: P. O. Box 430 City/State/Zip Code: Puyaliup. WA 98371 Telephone Number: _ 253-248-1091 CITY OF PORT ORCHARD ACCEPTED DATE: BY: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Performance Bond —OI 3 —Stetson Heights Page 339 of 440 Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STAT "SHINGTON ) ) ss. COUNTY OF I certify that I know or ha satisfactory evidence that is the person who appeared before me, d said person acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free an htntary act for the uses and purposes mentioned in the instrument. Dated: print NOTARY PUB in and for the State of Washington, iding at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF_�e-i'cp— ) I certify that I know or have satisfactory evidence that e^ is the person who appeared before me, and said person acknowledged as the V_ire P_rg!�l ]fY.j1- _ of j vi. that (he/sue) signed this instrument, on oath stated that (he/.she) was authorized to executt the instrument and acknowledged it to be (hisdw) free and voluntary act for the uses and purposes mentioned in the instrument. i4Z ''Sioz'''h' �I Dated: 1 00 r r► �~ s S I alit .0Qi G "'s � / ri r, PUg\,1 y fi1� r7 AZ print name OF NOTARY PUBLIC in and for the 1���►rwt��� State of Washington, residing at: _� Va w repel , WA Page 5 of 6 Performance Bond — OI 3 — Stetson Heights Page 340 of 440 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ss. COUNTY OF_ PIERCE ) My Coin nission expires:.__ _ I certify that I know or have satisfactory evidence that Holli Albers is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact of Liberty Mutual Insurance Company that (lie/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: February 2, 2021 ■ �Cn(gj '0�0 N°O {) s ,� Q e py� signature 01 : Z i Karen C. Swanson, Notary Public 'a� N '�� FjU �L�� prnit name Ads 1` `►►�.�. -� ���w ttl� NOTARY PUBLIC in and for the OF WFI State of Washington, residing at: Tacoma, Washington My Commission expires: 11/20/2021 Page 6 of 6 Performance Bond —013—Stetson Heights Page 341 of 440 This Power of Attorney limits the acts of those named herein, and they have no authority to Back to Agenda bind the Company except in the manner and to the extent herein stated. Libertj mutual. SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate Ntx 8204061 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Inssurarre Corrpny is a copaatiom duly organized under done laws of he Sate of New Hanpshire, that Liblenty MuWal Insurance Conpary is a co pwitio n ditty organized Udder die laws of the S>; of Massa[husetis, and West Arrerican Insurance Con-Imay is a corporation duly orgarized underthe laws of the State of indan3 (hemin cdledvety called the Comparies J, punsuarx to and by auffnnity Imernin set tenth does hered>y nan-e, constitute and appdrtt AticeonA. Keltner, AI ssa . Lo Amelia G. Buil-Pl, Annelies M_ Richie, Brandon K. Bush, Brent E. Heilesen, Carl Espiritu, Christi her Ki on, Cynthia L. Diane M. Har i ng. Edward5irtms, Enc A. llmBToTvan, Erica E. Mas , Heauimer L. A I ten, HolIi Albers, JacobT. Haddock, j arres B. 81nder, I arnie L. M argues, Katharinel. Snider, KyIeloseph Howat, TerrieCorord _ all of that city of T acorre state of W A each itr.Fndlatly if 1foe be more i3t3n one r erred its true and lawful a"-int•fact to nrnke, execute, seal, a[ a an A deFf—er—, bra on its belmalf as sunetyand as its acts airy and all undertakings, bonds, recogrizances and other surety obligations, in pursuance of these presents and shall be as binding ng upon the Conparties as if they have been duly signed by the president and attested by the secretary of the Corrpar des in their curt proper persons. IN WITNESS WHE REOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Corrparies have been affixed thereto this 28th day of 1 ul y 2020 . Liberty Mtual Insurance Company tT� iNSURq ALZY Iros� N LNsuRq The Ohio Casualty Insurance Con -party } .` pRaoa� fa�nsn }°°nron�r❑�q�� .�P `oarok�r �n WestArnerican Insurance CorrparTy [a qo m 1912 ❑ o `1919�0 4 1991 Gj 0 �3psT-+cnug�.�b SO ��"r,nrxas'�� 877 t� �yd * it'd s�M . DNA By: — U) [a t7atid M Carey, Assistant Secretary m State of PE NNSYLVA"A CountyM ofONTGOMERY ss o213) On this 280h clay of h ulY_, 2020 before rre pefsonrinn ally appeared David M Carey, vackrnoAlerdged Hrrself to be the Assistant Secretary of Liberty MAW lrmsun, nce W 0 L ro Corrparry, The Cho Casualty Corlpary, anTW_e5tArrerkan insurance Coorpanny, and that he, as such being autfxxized so to do, execute time foregoirg instrument brthe purposes m cA > therein airmtained by sp rirg on behaffofthe capmbors by hirmself as a duly authorized officer. TLu ro °1 I IN WITNESS WHEREOF, I have hereunto subscribed rry narre and affixed rTy notarial seal at Kirg of Prussia, Pennsylvania, on the day and year first above written c �+ cf 2 O C) t yr CAS M Q*�; ��oNlyr Fr COMMONWEALTH OF PENNSYLVANIA Q d aj O u A�'s y. Notarial Seal p O .$ Teresa Pastalla, Notary Public w f0 Upper MerionTwp., Montgomery County B My Commission Expires March 28, 2021 y O N ru } y r, �ix� Teresa Paste Ila, I+lotary Public fla'J' ny �Member, Pennsylvania Association of Notaries� C:) SR- This Power of Attorney is ni'� andexecuted pursuant to and ty auulhaity of the follming By-laws and Authorizations of The Ohio Casualty Insurance Con1may, Liberty Mutual 17 insurarce ConWrTy, and West American Gnsurarxe CuTpanTyw ich resolutions are nonf in fidl force arxi effect reading as fdkmina: a w ARTICLE N "OFFICERS: Section 12. Pxanerx#Atlontey. .� a Any officer or otfiner official of the Caporation authorized for ftt ptapose in witir-g Lyn lie ClaiiTmn or the President: and su7ect to such limilaton as the CIairmrn or Te t, President rruay FA-escribe, shall apmpNrmt stich attorneys-il�fact, as may be necessary to art in behalf of d-e Corporation to make, execute, seal, ackriciWedge and deliver as surety > o v any and all urlertakirgs, bonds, recognizances and od surety obligations. Such attx ineys•in-fact SL4ect to the IiIritatixm set forth iron their respective pmwrs of atifxney, shall .c N have full ewer to Mind the C tion their signature and exec on d a such ir6ounerts arxi to attach thereto the seal of the Cxx °O O Ia S ry poralion When so exe[tlte[i such E N 1nstuT ertts shall he as brdirg as if signed Ly the President: and attested to by the Secretary. Ary pumr or authority grarted wary representative or attomiey-irrfa[t Under the LF— CO p uOsicts of this avcle iTFy be revoked at cry titre by the Board, & OiiitlruR the President or by the officer or officers grandig such pmwroraudmai[y, o a ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakings. 0 co Ark+ officer of the CoWry audmoiized for that purpcise in vvitirg by time chialamn or the president, and stltject to such IirTitatiors as the chairman or tune pteslderi n-ay prescribe, 0 r- shall of oirt such aRorrieys-in-fact; as tray be necessary to act in belape lf of the Car ny to make, execute, seal, aclmimleclge and deliver as surety ally and all undeltaklrgs, LL bctrls, reccgrizarlces and other surely cdotions. Such attameys-1n-fact sLd4ect m the Imitations set forth in dmeir respective posers of attorney. shall Have full pow to lyind done Conn iary IV their sigmtLre and execution of any such if n9tirrients and to attach lheteb the seal of Te Coaparry. When so executed such irstr2urr ents shall be as hir cling as if signed by the president armd attes[ed by the secretary. Certificate of Designation -The President of the Compary, acting pursuant tD the Bylaws of the Corrpany, authorizes David M Carey, Assistant Secretary to appoint: such attorneys -in, fact as Tray be necessary to act on behalf of the Conpary to make, execute, seal, acknovdedfge and deliver as surety ary and all urdertaldrgs, bony, reccgrizarres and other surrey obligators. Authorization - By unarimnus consent of the Corgmrryrs Board of Direcbrs, the Conpary consents that farssirrile or mechanically reproduced signature of any assistantsecretary of the CorrTx+ry, W-eiever appearing upon a certified copy of any power of attorney issued by the Company in connection With surety bonds, shall be valid and binding upon the Company With the sarre force and effect as though rmn.elly affixed L Renee C. Llemell n the undersigned Assis[art Secretary, The Ohio Casually Insurance Cwpamy, Liberty M4uai kisurar ce Courpary. and West An-edcan Lhsurance�Corrpany do finerehy cetfi y that the origir el pwpr of attrrrrey of which the begoirg is a fill, true and co met copy of the Poruer dAttorney executed bur said Ccr, milt €es, is fri fill fie and e*ct and Kis not been r cmAL-d. IN TESTII IM WHEREOF, I have hereurmb set ny hand and affixed the seals of said Companies this 2nd day of February , 2021 . �P+.-ZR�WSG a %NSUP.1 n 1919 Cc) 1991 0 F��Ifn MPS .ab� 'rr R'einllP e 9 Pa �a By: Renee C. L levkel yq Ass istarxSecietaiy LMS-12973 LMIC 0CIC WA [C Mu16 Co-12119 Back to Agenda 013 COST ESTIMATE STATUS: WATER BOOSTER PUMP STATION PROJECT: STETSON HEIGHTS OFFSITE IMPROVEMENTS LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 1 /19/2021 ITEM EST. UNIT NO. DESCRIPTION CITY, MEAS. 1 WATER BOOSTER PUMP A. BUILDING' B. CONCRETE PAD C. GENERATOR & APPURTENANCES' D. PUMPS & APPURTENANCES' E. HARMONICS MITIGATION KIT' F. PAD CLEAR & GRUB G. PAD GRADING H. TESC & STABILIZATION I. SURVEY & ENGINEERING SUPPORT J. MOBILIZATION BOND AMOUNT 0 150% "COST ESTIMATE FROM ACI EXHIBIT A UNIT TOTAL PRICE COST 1 LS $66,021.51 $86,021.51 1 LS $50,000.00 $50,000.00 1 LS $256,758.06 $256,758.06 1 LS $338,878.82 $338,87B.82 1 LS $22,652.94 $22,652.94 1 L5 $7,500.00 $7,500.00 11500 Cy $10.00 $115,000.00 1 LS $2,500.00 $2,500.00 1 LS $10,000.00 $10,000.00 1 LS $5,000.00 $5,000.00 TOTAL $894,311.33 $1,341,467.00 Page 343 of 440 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS FOR ENVIRONMENTAL MITIGATION AND MONITORING (Note: City must receive the three years Maintenance/NVarranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT# SURETY BOND #: 023216751 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 1 Owner/Developer/Contractor: Active Construction Inc. (ACI) E1 — Environmental Bond, for Work Associated with Tax Parcel Nos. 102301-4- Project Location: 062-2003,102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002 KNOW ALL PERSONS BY THESE PRESENTS: That we, Active Construction, Inc. (hereinafter called the "Principal"), and _ Liberty Mutual Insurance Company a corporation organized under the laws of the State of Massachusetts 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 Three Hundred Seventeen Thousand One Hundred and Fifteen Dollars ($317.115.00), 150% of the total construction amount for the items listed below for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal, in conjunction with the Owners Stetson Heights, LLC, have applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU20-Plat Final-02, for a project known as Stetson Heights, Phase 1 located at A portion of the NW 1/4, NW '/4 & SE '/4 of the SW %4 and of the NW '/4 & SW'/4 of the SE'/4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 102301-4-062- 2003, 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the City's approval requires that the improvements are to be made or constructed by the date set out herein, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: Page 1 of 6 Performance Bond — El — Stetson Heights Page 344 of 440 Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal including the mitigation and monitoring for Wetlands "A" and `B" set out on Exhibit A hereto and adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above -referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all unprovements required by the above -referenced conditions, plans and City file by October 1, 2022, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. 5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. 6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any clauns relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by this Bond between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a three (3) year Maintenance Bond, not to exceed the sum of Tln-ee Hundred SeYenteen Thousand One Hundred and Fifteezi Dollars ($317,115.0 , 150% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. Page 2 of 6 Performance Bond — El —Stetson Heights Page 345 of 440 Back to Agenda 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and ChaW es. No change, extension of time, alteration or addition to the terns of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total ainoimt to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enfor c� to Went. 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 apart of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 3 of 6 Performance Bond — El — Stetson Heights Page 346 of 440 Back to Agenda DATED this 2nd day of Februa SURETY COMPANY (Signature m s e notarized) By: Its Attorney -in -Fact Print Name: Holli Albers Business Name: Liberty Mutual Insurance Comp ny Business Address: 1001 4th Avenue Suite 3700 City/State/Zip Code: Seattle WA 98154 Telephone Number: 206-473-3788 20 21 . PRINCIPAL (Sign u e Tust be notarized) By: �ktt;zj� Its IIUL _4_NQs;Aeq� Print Name: Business Name: _ Active Construction, Inc. Business Address: P. Q. Box 430 City/State/Zip Code: Puyallup. VITA 98371 Telephone Number: 253-248-1091 CITY OF PORT ORCHARD ACCEPTED DATE: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Performance Bond — El — Stetson Heights Page 347 of 440 Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/So roprietor Only) STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence t person who appeared before me, and said person acknow acknowledged it to be (his/her) free and voluntary act for the FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF TVrCC. is the that (he/she) signed this instrument, and Lid purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: I certify that I know or have satisfactory evidence that �e'A�4- M6rKe- is the person who appeared before me, and said person acknowledged as the Vice ?re ci A ►n-' of Adi V PCOVISAYU[44 arl i Vy- . that (he:Wic-) signed this instrument, on oath stated that (he/�) was authorized to exeeute the instrument and acknowledged it to be (his/lief) free a+3d voluntary act for the uses and purposes mentioned in the instrument. +�.%%~►►►►►t 1► ! t Q 1 ���o '�` I 75I0 OW ��= AOTARr '"'0 o 0 5Z0 cn :. PusL1G ti o �1 "9%4PIRES F � �r►r►r*��� 11 _►id . NOTARY PUBLIC in and for the State of Washington, residing at: Uk Performance Bond — El — Stetson Heights Page 348 of 440 Page 5 of 6 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF PIERCE ) I certify that I know or have satisfactory evidence that My Commission expires: Holli Albers is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact of Liberty Mutual Insurance Company that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: February 2, 2021 Oti— signaturKaren C. Swanson. Notary -Public s�,�j],�i� print name JAOTA pURLIG NOTARY PUBLIC in and for the "V 1-20-1- � � State of Washington, residing 1 e ��..,....��- E ttIkk Tacoma Washin at: ton U "R`;�'wl,-�41 i-'•%% .-- My Commission expires: 11/20/2021 Page 6 of 6 Performance Bond — ES — Stetson Heights Page 349 of 440 This Power of Attorney limits the acts of those narredherein, and they have noauthority to Back to Agenda bind the Corrpamy except in the manner and to the extent herein stated. Liberty MutuA1W SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY CenifwalieNa 8204061 - 023049 KNOWN ALL PERSONS 13Y THESE PRESENTS: That The Ohio Casually Ilsurance Company is a corporation duly orgarized under the laws of the State of New Harrpshire, that Liberty Mutual Insurance Company is a corporation My organized under the laws of the Slate of Massachusetts, and West American fnsuance Cowpony is a corporation duly organized uiderthe laws of the State of kxiana (herein ccilectively called the Coriparies), pmtiarttard bar au hex y herein settrth does "renew constitute and apploirlt Ali ceon A. Kepner; AI ssa . Lopez, Amelia G. BLmiII, Anneiies M. Richie, Brandon K. Bush, Brent E. Hellesen, Carl Es iritu, Chriher K i or1, CVnthJaL.Jay, Diane M. Harding, E dward Sims, Eric A. 2lmnerrnan, Erica E, MCSIey, H eather L. A 11 en, H ol I i A I Beers, Jac T. Hadbck, l ames B. Bin , I amie L. Marques all of the city of Tacoma state of WA each individually if there be more than one rarred its true and lawful attorney -in -fact to rnake, execute, seal, acknoW4e and cli for and on its behalf as surelyand as its act anddeect any and all undeMI irgs, bonds recognizances and otfter surety obligafis, in pursuance of these presents and shall be as binning upon the Companies as if they have been duly signed bj the president and attested by the secretary of the Companles in their awn proper persom IN WETNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companes have been affixed thereto this 28th day of Judy _, 2020 . N G1 C ra @ Stale of PENNSYLVANA County of M INTGONE RY ss O � C fp L W + "VI ro & Liberty MAIM Insurance Company PL tNStrRq -,IY WsuRq The Ohio CasualtyInsurance CCrrpary s,`y �otiPO'4r %0-VPCaCl West ArrteriwInsurance COnpary 9�1912% : 1919�� v d 1991 0 ¢' �ACHSL da O'HRMPBa fiyl B y: r // rus,�l nn r��r ex:acf�rf cer„w�,,, LN: hs 28th day of July , 2020 bekxe rue personally appeared David M Carey, wkro acknoiMedged Himxu Himself to be the AssislantSerretary of Liberty Mal Insurance � , T�hio Casua ty�Conpa'-ry- an�i�st Arrmican Insurance Conparry, and that he, as such being authorized so to do, exeMe the foregarg instrtrrent for the purposes w -din contained by signing on behalf of the corporations by hlirmelf as a duly authorized officer. WITNESS WHEREOF, I have hereunto subscribed rry name and affixed rry notarial seal at Kirg of Prussia, Pennsylvania, on the day and year first above written PR Q�yA Hrysrfi{ COMMONWEALTH OF PENNSYLVANIA n Notarial Seal n� OF Teresa Pas[ella, Notary Public Upper Marion Twp., Montgomery County By: r a My Commission Expires March 28, 2021 Teresa Pastella, Notary Public ManSUM. Pennsylvania Association of Notaries SHY P� eS This Pww of Attorney is node and executed pursuant to and by authority of the folloAirg %Llalm and Authorizations of The Ohio Casualty Insurance Compary, liberty Mtlt.Iaf c Insurance Coripary, and West Arna(mn Insurance Con rpanywhich resolutions are now in foil force and effect readlrg as follom: v L Y ARTICLE IV " OFFICERS: Section 12. PowofAllorney. p 00 Any officer or other official of the Corporation au lborized for that purpose in witirg fyf the CHairrnan or the President and subject to such lin-Won as the Chairman or the President may prescribe, shall appoint such aMme5s-in -tact as may be necessary to act in behalf of the Corporation to make, execute, seal, acknwledge and deliver as surety ary and all u dertalurgs, bounds, recogricances and other surety oblggatiors. Such attorneys -in -fact; stgect to the limitations set forth In their respective powers of all an shall C have full purer to bind the Corporation by their signagxn� e and execution of ary such instnand to attachto the seal of the Corpotatiorr. When so executed such Insmisrernrs shaft be as birdirg as if signed bye the President and attested to by the Secretary. Any pr>'wr or authnriy granted to arty represteMlive or amirney-irrract under the provisions of this article may be revolved at ary time by the Boad the Chairrran>, the President or by the officer oroffices grandrg such pta wor authority. ARTICLE XM - Execution of Contracts: Section 5. Surety Bowls and Undertaldrgs. Any officer of the Conpary authorized for that purpose in writirg ly the chairmen or the president and subject to such lirritatiors as the daimran or the president may prescribe, shall appoint such attorneys-irFiact as may be necessary to act in behalf of the Conpary to make, execute, seal, acknowledge and deliver as surelyary and all Lr&rtaldrgs, bonds, recognizances and other surety obligations. Such attorneys-irr_fact subject to the limitations set forth in their respective powers of atfomtey, shall have fill planer to bind the Company bj their signature and execution of ary such irstrurrenls and to attach thereto the seal of the Company. When so executed such irstrurn nts shall be as binding as if signed bar the president and attested ty the secretary. Certificate of Designation - The Presidentof the Company, acting pursuartto fire Eylam of the Compary, auhodzes David M Carey, AssistantSecnetarym appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, adnMeege and deliver as suety ary and all urdertakirgs, bonds, reccgrizances and other surety obligations. Authorization - By unanimous consent of the Corrparys Board of Direc6ors, the Corrpary consents that facsirrile or mechanically reproduced signature of airy assisOntsecretary of the Conpary, wherever appearing upon a certified copy of any power of attorney issued by the Conpary in connection with surety bonds, shall be valid and landing upon the Company with the same force and effect as duo manually affixed. I Renee C. Llevlelhyrf, the unciersignred Assistant Secretary; The Ohio Casually Insurance Company, Liberty MAual Insurance Compary, and West American Insurance Company do hereby certify that the original power of attiorriq of which the foregoing is a full, true and correct copy of the Power of AMmey executed ty said Companies, is in full farce and effect and has not been revoked. IN TEST31.7NY WHEREOF, I have hereunto set rry hand and affixed the seals of said Corrparies this 2nd day of February , 2021 . Pv ux5uR9 hi GpSerartgr � � Poi Sol Y�1912�0 Oil 7 * F 4KY INgV � 1NSf,1Rq IONX GRaok 1. GP `oRQ0�r ![� j FO m U $ m 0�1919wQ 1991 0 y� �kRMVT�� b Y �HafANP a 3y1 * dad Page By: 4� - Renee C. L laWlyn Assistant Secretary 0 M C c0 O CD m m a Ur oT LMS-12873 LMIC OCIC WAIC Multi Co 12/19 Back to Agenda EXHIBIT A E1 COST ESTIMATE STATUS: PH. 1 ENVIRONMENTAL PROJECT: STETSON HEIGHTS PH. 1 ONSITE IMPROVEMENTS LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 1/2612021 ITEM EST. UNIT UNIT TOTAL NO. DESCRIPTION CITY. MEAS. PRICE COST 1 PH. 1 WETLAND "A", STREAM & BUFFER SEDIMENTATION MITIGATION PLAN- 2 3 4 5 A. PLANT STOCK 1 LS $3,500.00 B. WELL MONITORING 1 LS $3,000.00 C. WEED REMOVAL 1 LS $3,200.00 D. PLANTING CREW 1 LS $2,000.00 E. MONITORING & REPORTS 1 LS $5,000.00 F. CONTINGENCY 1 LS $4,500.00 G. MOBILIZATION 1 LS $2,500.00 TOTAL BUFFER SPLIT RAIL FENCING" 4,226 LS $10.00 ENGINEERING & SURVEY SUPPORT 1 LS $5,000.00 SEDIMENT REMOVAL & MITIGATION' 1 LS $50,000.00 WETLAND "B" MITIGATION" A. PLAN PREPARATION/REVIEW RESPONSE & SITE VISIT WITH CITY B. REMOVAL OF SEDIMENT AND INVASIVE 1 PLANTS. (INCLUDES LABOR, MONITORING, AND CONTINGENCIES) 6 TEMPORARY WETLAND BUFFER" 30 IRRIGATION 7 MOBILIZATION 1 TOTAL CONSTRUCTION COSTS BOND AMOUNT @ 150% "COST ESTIMATE FROM EVIROVECTOR "COST ESTIMATE FROM NATURE BY DESIGN 'REQUIREMENT TO REMOVE SEDIMENT MAY BE ALTERED WITH ALTERNATIVE MITIGATION LS $14,250.00 LS $19,700.00 TOTAL ZONE $1,800.00 LS $2,500.00 $3,500.00 $3,000.00 $3,200.00 $2,000.00 $5,000.00 $4,500.00 $2,500.00 $23,700.00 $42,260.00 $5,000.00 $50, 000.00 $14,250.00 $19,700.00 $33,950.00 $54,000.00 $2,500.00 $211,410.00 $317,115.00 Page 351 of 440 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND #: 023216756 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 1 Owner/Developer/Contractor: Active Construction Inc. ACI Off -site Improvements — 014, Albertsons Sanitary Sewer Lift Station, to be located Project Location: on Tax Parcel Nos. 1023014-047-2003 KNOW ALL PERSONS BY THESE PRESENTS: That we, Aove Construction. Inc, (hereinafter called the "Principal"), and Libe Mutual Insurance Company a corporation organized under the laws of the State of Massachusetts _, 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 Two Hundred and Sixty Seven Thousand and Scvcn Hundred and Fifty Dollars and No Cents $267 750.00 , 150% of the total construction amount for the items listed below for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal, in conjunction with the Owner Stetson Heights, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU20-PLAT FINAL- 02, for a project known as Stetson Heights, Phase 1 located at A portion of the NW '/4, NW '/4 & SE '/4 of the SW %4 and of the NW '/4 & SW '/4 of the SE A all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 102301-4-047-2003; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the City's approval requires that the improvements are to be made or constructed by the date set out herein, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: Performance Bond — 014 —Stetson Heights Page 352 of 440 Page i of 6 Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include improvements to the Albertsons Sanitary Sewer Lift Station, and associated work, as set out on Exhibit A hereto and incorporated herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above -referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by October 1, 2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, materialmen and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. S. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. 6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by this Bond between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a two (2) year Maintenance Bond, not to exceed the sum of FiL Three Thousand Five Hundred and Fifty Dollars and No Cents ($53 S" 50.00), 20% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. Page 353 of 440 Page 2 of 6 Performance Bond — 014 —Stetson Heights Back to Agenda 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 354 of 440 Page 3 of 6 Performance Bond — 014 —Stetson Heights Back to Agenda DATED this 2nd day of February , 2021 SURETY COMPANY (Signature ist be notarized) By. 12 Its Attorney -in -Fact Print Name. Holli Albers Business Name: Liberty Mutual Insurance Company Business Address: 1001 4th Avenue, Suite 3700 City/State/Zip Code: Seattle, WA 98154 Telephone Number: 206-473-3788 PRINCIPAL (Signatn a must be notarized) By: ;kK;� Its Print Name: SL&A+ Kl.oyse— Business Name: Active Construction, Inc. Business Address: P. O. Box 430 City/State/Zip Code: Puyallup, WA 98371 Telephone Number: 253-248-1091 CITY OF PORT ORCHARD ACCEPTED DATE: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 355 of 440 Page 4 of 6 Performance Bond —014—Stetson Heights Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that person who appeared before me, and said person acknov acknowledged it to be (his/her) free and voluntary act ford FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF is the ¢Cd that (he/she) signed this instrument, and uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: I certify that I know or have satisfactory evidence that S (-cA± 1by 5c_ is the person who appeared before me, and said person acknowledged as the yFres Lat!AA- - of ArA_ya_ cbm- -ru af-6y)1V that (he/shey 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. 1� w O M+ ow 1751p2'+�+�.Q�j�► ;� N0TA�y,4 0 ~•••` ; Z i PUSI_I w� Z� I� gyp' Dated: 02 signahir kKarVIw am cN,2a print name NOTARY PUBLIC in and for the State of Washington, residin at: Performance Bond — OI 4 — Stetson Heights Page 356 of 440 Page 5 of 6 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF PIERCE I certify that I know or have satisfactory evidence that My Commission expires: Holli Albers is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact of Libedy Mutual Insurance Company that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses andpurposes mentioned in the instrument. 40, Dated: February 2, 2021 ..SW• w � NOT o �-- C, � " t signature ■ `C : ..-� a r Z i 00 s v Karen C. Swanson,_ Notary Public - - �7�"�p[ lwrlj �;" Z S print name QF`WAsrr11��= NOTARY PUBLIC in and for the �s�a•*�� State of Washington, residing at: Tacoma, Washin ton My Commission expires: 11 /20/2021 Performance Bond — OI 4 — Stetson Heights Page 357 of 440 Page 6 of 6 0Liberty �mutua. SURETY This Power of Attorney I units the acts of those named herein, and they have no authority to Back to Agenda bind the Conpary except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate Na 8204061 - 023049 KNOWN ALL PERSOPIS BY THESE PRESENTS: That The Ohio Casualty Insurance Corrpary is a corporation duly organized under the laws of the State of New Harrpshim that Liberty Mutual Insurance Corrpary is a corporation Ify organized underthe laws of the State of Mrssachusetts, and West Arrerican insurance Canpary is a corporation duly organized uderthe laws of the State ofInclana (herein collectivelycailed the 1Corrparies), pursuant to and by adrh * herein set faih does hei* mane, constttuoe and appoint AIiceonA. Keltner, Alyssai. Loper, AmeliaG. Burri11, AnneliesM. Richie, Brandon K. Bush, Brent E. Hdlesert Carlev Esnrritu. Christopher Kinvon. CvnthiaL. Iay. crane M. Harding Edward Stirs` E nc A. 2irnnernm, Erica E. Mosley, Heather L. Alien, HoltI Albers, J acobT. Haddock, James B. Bidder, f arrle L, Marques. I of the city of Tacoma swof WA eachirrmduallyff there be rrore than one na ifs true a attomeyain ct to na , execute, seal, acMMedgeandcleAw, foranclonits behalf as surety as its actand &daryand all undertakings, binds, recogrizances and othersurelyl>tlilgatioxs, in pursuance of these presents and shrall be as binlfrtg upm the Carpanies. as if they have been d* signed by the president and attested by the secretary of the Corrpanies in their own proper persons. IN WITNESS WHEREOF, this Power ofAtlolney has been subscribed by an allhorized officer or official of the Corrpanies and the corporate seals of Companies have been affixed thereto this 28th day of J of y , 2020 . Stata of PENNSYLVANfA Courtly of MONTGOME RY Liberty Mih►al Insurance Corrpary �-V WS�� P01 INS& d rtNSl��q The Ohio Casualty InsuanceConpany j r°cRpoaa' m �`�aGORr❑,ta�� n Cep �n0.P0 t'n MstAnYlican Insurance COnpary 1912 0 1919 1 1991 rVl AEHL)Sda yO NAMp9�'� i 'l� �kAla%p da ��7 * �� 3yd * �� �M a I•� By' David M Carey, Assistant Secretary fN N (V c U) D On this 28th of J uJJ , 2020 before me I a if day persona y ppl�nled David M Calay, Who acknowfecJged himself h) be the Assistant Secretary of Liberty Mutual Ir st,rance Corrpar— T 1�e tT m CasUa Corrpary, a 1�Arnedcan Insurance Conpary, and that he, as such being authorized so to do, execute the fioregdrg irstrurent for the purposes �-� w therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF, I have hereunto subscribed rry narre and affixed rry notarial seal at Kirg of Prussia, Pennsylvania, onthe day and year first atim Written AA 4601 ttWFT it COMMONWEALTH OF PENNSYLVANIA f ti u s q Notarial Seal Or Teresa Pastella, Notary Public Upper Marion Twp., Montgomery County By: My Commission Expires March 28, 2021 •t'�s, y�rs[, Member, Pennsylvania Association of Npuuipa L' S1 This Parer of Attorney is made and executed pursuant to and by atrdu ty of the fdlaMrg By-laws and Authorizations of The Ohio Casualty Insurance Carpany, Liberty Mtual E•G Irmra:u CorrWry, and WestAnpla Erican Insurance Conry4kh resolutions are rKwin full force and effect readlrg as fdlouts: o � ARTICLE N ' OFFICERS: Secdon lZ PawrerofAwrney. Any officer or other offidal of the Corporation authorized for that purpose in wrttlrg bar the Chairrren or the President and subject to such limtation as the Chairrran or the L, President Trey prescribe, shall appoint such attorneys -in fact as Hey be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety > w ary and all uclertaldrgs, bonds, reccgnizances and other surety obligations. Such attorneys -in -fact stbject to the limitations set forth in their respective powers of attorney, shall +� have full pOWer to bind the Corporation by their signature and execution of ary such irstnrrents and to attach thereto the seal of the Corporation When so exectl such irstrurents shall be as binding as if signed by the President and attested b by the Secretary. Any pouter or authority granted to any representative or atmmey-6fact under thle pro isiors of this article may be revoked at ary tir ne- by the Board, the Chaim -an the President or by the officer or Officers grantirg such pouter or authority. ARTICLE XIII - Execution of Contracts: Section5. Surely Bonds and Undertaldrgs. Any Officer of the Corrpary authorized for that purpose in writing by the chairman or the president and sL4ect tra such lirritatiors as the chaimran or the iresident Tray prescribe, shall appoint such attorneys -inn -fact as nsy be necessary to act in behalf of the Conlpalny to rrske, execute, seal, ack noiAdge and deliver as suety ary and all uncfertakrgs,' bonds, reccgrizanlces and other surely obligations. Such attorneys-imW subject to the limitations set forth in their respective pnAers of athxney, shall live flit fir to bind the Corrpary by their signature and execution of any such irstru enIs and to attach thereto the seal Of the COrrpary. When so execued such irstrurrents "I be as binding as if signed by the president and attested bj the secretary. Certificate of Designation - The President ofthe Corrpany, actirg pusu art tithe Bylaws ofthe Conpary, authorizes David M Carey, AssistantSecretarym appoint such attoneys-irr fact as may be necessary to act on behalf of the Conpary to make, execute, seal, acknMedge and deliver as surely ary and all udertaldrgs, bords, reccgrizances and other surety obligations. Authorization - By unanimous consent of the Carparlys Board of Direcrors, the Carpany consents that facsimile or nednarically reproduced signature of any assistant secretary of the Conpary, wherever appearing upon a certified copy of any powwer of attorney issued by the Compary in connection with suety bonds, shall be valid and binding upon the Conpary with the same force and effect as though manually affixed I. Renee C. Llewellyn the undersigned Assistant Secretary, The Ohio Casually Insurance CorTperry, Liberty Mutual Insurance Conpary, and West American II s rance Conparry do hereby certify that the original paper of attorney of vJ4ch the foregoing is a full, true and correct copy of the Power of AMrney executed by said Corrparies is in ttil force and effect and has not been revoked. IN TE STRAM WHE REOF, I have hereunto set rry hand and affixed the seals of said Corrparies this 2nd day of February , 2021 . PV 1NSURq �qy INSU iNSIIR aJ Gottipin r L� q4 Losrorr' -�P�°s`Pvga f 9y� 1912 0 1919 1991 7 m ❑ d O dy.�s�cnug b yp3 �rerr also �s 'vntAw� aD By. Renee Assistant5ecrtu ��� x x yt • ' Page 3 � ry 9 �;'E E 0 vCD = M Q o C LU cc i f0 O O O o m n(D >O v CV M C °� ❑O U r o� LMS•12873 LMIC OCIC WAIC Multi Co 12/19 Back to Agenda rir COST ESTIMATE STATUS: ALBERTSONS SANITARY SEWER LIFT STATION PROJECT: STETSON HEIGHTS OFFSITE IMPROVEMENTS LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 1/19/2021 ITEM EST. UNIT UNIT NO, DESCRIPTION 9TY MEAS, PRICE 1 ALBERTSONS SANITARY SEWER LIFT STATION A. VAUGHN CHOPPER PUMP i LS B. TELEMETRY ASSEMBLY' 1 LS C. MOBILIZATION 1 LS BOND AMOUNT 0 150% 'COST ESTIMATE FROM TSI $25,000.00 $151,000.00 $2,500.00 TOTAL EXHIBIT A TOTAL COST $25,000.00 $151,000.00 $2,500.00 $178,500.00 $267,750.00 Page 359 of 440 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two and three years Maintenance/Warranty Bonds, prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND #: 023216753 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 1 Owner/Developer/Contractor: Active Construction Inc. (ACI) Off -site Improvements — 01 1, Associated with Tax Parcel Nos. 102301-4-062- Project Location: 2003, 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002 KNOW ALL PERSONS BY THESE PRESENTS: That we, Active Construction. hmc. (hereinafter called the "Principal"), and Liberty Mutual_ Insurance Company _ a corporation orgamuzedunder the laws of the State of Massachusetts , 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 Eighty—eeigl t Thousand_and Two Hundred and Fifteen Dollars and Sgygnty-Five Cents ($88,215.75), 150% of the total construction amount for the items listed below for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal, in conjunction with the Owners, Stetson Heights, LLC, have applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU20-PLAT FINAL- 02, for a project known as Stetson Heights, Phase 1 located at A Portion of the NW '/4, NW %4 & SE '/4 of the SW '/4 and of the NW '/4 & SW '/4 of the SE '/4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 102301-4-062-2003, 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the City's approval requires that the improvements are to be made or constructed by the date set out herein, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: Page 1 of 6 Performance Bond — 01 1— Stetson Heights Page 360 of 440 Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the construction and landscaping work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above -referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by October I.2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, materialmen and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. 5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. 6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by this Bond between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with the following: (1) for the concrete sidewalk, and curb & gutter work, a two (2) year Maintenance Bond, not to exceed the sum of Seven Thousand and Three Hundred and 1~ i ft Dollars and No Cents ($7 3. sy.00), 20% of the contract amount for these items; and (2) for the landscape strip, street trees, and installation thereof, a three (3) year Maintenance Bond, not to exceed the sum of Twenty Seven Thousand, Five Hundred and Seventy Five Dollars and No Cents ($27,575.00), 125% of the contract amount for these items. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties sunder either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or Page 2 of 6 Performance Bond —011—Stetson Heights Page 361 of 440 Back to Agenda itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to Iegal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Sand Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fiilly performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 3 of 6 Performance Bond —OI 1—Stetson Heights Page 362 of 440 Back to Agenda DATED this 2nd day of February _ - 12021 . SURETY COMPANY (Signature be notarized) By: - -- its Attorne -in-Fact Print Name: Holli Albers Business Name: ,L71zetty Mutual Insurance Company Business Address: 1001 4th Avenue Suite 3700 City/State/Zip Code: Seattle. WA 98154 Telephone Number: 206- 73-3788 PRINCIPAL (Sig nat re must be notarized) By: Its -. y1(..k5 Ir1+ Print Name: Business Name: Active Construction, Inc. Business Address: P. O. Box 430 City/State/Zip Code: _Puyallup, WA 98371 Telephone Number: 253-248-1091 CITY OF PORT ORCHARD ACCEPTED DATE: M PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Performance Bond — 011— Stetson Heights Page 363 of 440 Back to Agenda FOR -1 NOTARY BLOCK (Use for In dual/Sole Proprietor Only) STATE OF W ss. COUNTY OF I certify that I know or have satisfacto evidence that is the person who appeared before me, and said pe rt acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary -AUfor the uses and purposes mentioned in the instrument. signature print name NOTARY PUBLIC in a`Mfor the State of Washington, residin at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF Vie-Ift-1 I certify that I know or have satisfactory evidence that P Se— is the person who appeared before me, and said person acknowledged as the _ Vice Wp_S- de j6± of A&ivethat (hel6he+signed this instrument, on oath stated that (he/site) was authorized to execute the instrument and acknowledged it to be (his4wp) free and voluntary act for the uses and purposes mentioned in the instrument. AO OW NOTARy co .....� • z o PUBLIC C +� �:A `e ay tiff s — 1FXPIRESa�'►��'4�� �OPUVAS`�ko Dated: irtwru� sign e VM[. &L 6. 5c�m�sr�n print name NOTARY PUBLIC in and for the State of Washington, residing at: �oiux,11�A Page 5 of 6 Performance Bond — OI 1— Stetson Heights Page 364 of 440 Back to Agenda My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF PIERCE I certify that I know or have satisfactory evidence that Holli Albers is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact of Liberty Mutual Insurance Company that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. �*1 G S 11It Dated: February 2, 2021 e 0+'' si nature Karen C. Swanson, Notary Public Ln print name 1 NOTARY PUBLIC in and for the etk; Q*PW S : ` State of Washington, residing at: Tacoma. Washington My Commission expires: 11/20/2021 Page 6 of 6 Performance Bond — OI 1— Stetson Heights Page 365 of 440 Liberty mutual. SURETY This Power ofAttomeylimitstheactsofthosenamedherein,andtheyhavenoauthorityto Back to Agenda bind the Corrpany except in the rranner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY Certificate Na 8204061 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Olio Casualty Insurance Ca parry is a corporation duly organized crier the laws of the State of New HaM)shm that Liberty Mutual Insurance Company is a corporation d tyorgarized under the laws of the State of Massachusetts, and WestAmerican Insurance Coppery is a corporation dry orgarized under the laws of the State of Inciar� therein colectivety called the Conparies), pursuant to and by authority herein set fnrtfl does herel:y narre constitute and appoint AliceonA. Keltner, Alyssaj. Lopez, ArreliaG. 8urrill, Annelies M. Richie, Brandon K. Bush, Brent E. Heilesen, Carley Espiritu, Christopher Kinvon, Cvn laity all of the city of Tacorna stale of WA each ii- dvidrally if there be mice ftn one named its true and Lw l atwnwin•fact to make, execute, seal, acknoWlete and Rver, for arid on is behalf as surely and as its act a any and all urderrakirgs, bonds, recogizances and other surety obligations, in pursuance of these presents and shall be as birtdrg upon the Companies as K they have been d* signed by the president and attested by the secretary of the Companies in their avert proper Persons. IN WITNESS WHEREOF, this Power ofAttorr>ey has been subscribed by an authorized officer or official of the Co npanies and the corporate seals of the Corrp pies have been affixed thereto this 28th day of Iuly 2020 . r1r rLo State ofPENNSYLVANA Counly of MDNTGONE RY Liberty Mtual Insurance Company Pv 1NSLr� PX�Iksvq 1NsuRR The Ohio CasualtylrsuranceCoxrpary Y ppPflnyl yC+ qJ tiet°nPnR��9y -GP44RPOrt�T 4•n WestAwaican Insurance Corrpary � D � � � fi 1912 C 0 1919 0 1 1991 ri � : ❑ a o ya may, -4mnx� as .`u By: David M Carey, Assistant Secretary Z ':,' On this 28th day of j LAY , 2020 before rre personally appeared David M Carey, who ackwAecW htirrself to be the Assistant 5ecretary of Liberly mutual'. -�6 I Conpary, T Clio Casualty Corrpary, a-Fiff —W�st Arrerican Insurance Conpary, and that he, as sucft being authorized so to do, execute the foregarg instrurent forte � therein contaired bar sigrirg on behalf of the carpmtorts by tirrsetf as a duly authorized officer. wg (7 L E Q�n >c ai o � v IN WITNESS WHEREOF, I have hereunto subscribed Try narre and affixed my notarial seal at Kirg of Prussia, Perxsylvalia, on the day and year first above written yp PAST ��4pHryE iL`� COMMONWEALTH OF PENN_SY_LVANIA Notarial Seale OF Teresa Paslella, Notary Public Upper Merion Twp., Montgomery County By: My Commission Expires March 28, 2021 y yvv r Teresa Pas la, Notary Public ' Member, Pennsylvania AssuCtntlan of Notaries This Pow of Attorney is node and executed pursuant to and by authority of the fbibArg By -lam and Aulturizations of The Oho Casualty Insurance Corrpary, Liberty Mutual Insurance Corrparty, and West American Insurance Corrpanywlich resolutions s are now in fill force and effect readrg as fdlaus: ARTICLE IV ' OFFICERS: Section 12 PowofAttorney. Any officer or other official of the Corporation adhaized fix that purpose in writing by the Chairrran or the President and subject to such lirritation as the Chairrren or the President rray prescribe, shall appoint such attorneys -in -fact as may be necessary to act in behalf of the Corporation to rrelke, execute, seal, acknowledge and deliver as surety ary and all undertakings, bonds, recognizarces and other surety obligations. Such attorneys -in -fact sL4ert to the limitation set forth in their respective peters of attorney, shall have full pones to bind the Corporation by their signature and execution of ary such irstrurents and to attach thereto the seal of the Corporation When so executed such instrtments shall be as binding as if signed by the President and attested to by the Secretary. Any parer or authority granted to any representatnre or attorney -in -fact under the prwisios of this article nay be revoked at ary time by the Boarui the Chairrm4 the President or by the officer orofficers grantirg such parer or authority. ARTICLE XI11- Execution of Contracts: Section 5. Surely Boads and Underfakfrg5. Ary officer of the Conpary authorized fox that pLupose in writing by the chairman or the president and sL4ectto such lirritatiors as the chairmen or the president rrW prescribe, shall appoint such attorneys -in -fact as may be necessary to act in behalf of the Conpary to make, execute, seal, ackr uiviledge and deliver as surely ary and all Lrdertakirgs, bords, recogrrzances and other surety obligations. Such attorneys -in hd subject ba the limitations set foxth in their respective pavers of athxney, shall have full power to bind the Company by their sigrature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such irstrurrents shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Compary, actirg pursuant to the Hylam. of the Ckrrpary, authorizes David M Carey, Assistant Secretary to appoint such attorneys -in} fact as mey be necessary to act on behalf of the Company to rr akeb execute, seal, ackno4ecge and deliver as surety ary and all Lndertaldrgs, bordis, recegnizances and Other surety obligations. Authorization - By Lnarirrous consent of the Co nparys Board Of Directors, the Compary consents that facsirrile or rrekfianicaly reproduced signature of any assistant secretary of the Compary, wherever appearing upon a certified copy of any pager of attorney issued by the Corpary in connection with surety bolds, stall be valid and binding upon the Company with the same force and effect as dxiugh rranualy affixed t Renee C. Llewelyr the undersigned, Assistant Secretary, The Ohio Casualty Irsmi ce Corrpany, Liberty Mlhual kisLrance Corrpany, and West Arrerican Insurance Corpany do hereby certify that the original power of attorney of which the blegkirg is a fill, true and correct copy of the Power of Awrey executed by said Corparies, is in fill force and effect and has not been revoked. IN TESTIMDW WHEREOF, I have hereunto set rry hard and affixed the seals of said Coxrpanies this 2nd day of February , 2021 - 4 LNSUR co O rgyV 1912 Y 9s, �,� aacnus .Aa LMS-12873 LMIC OCIC WAIC Muld Co 12/19 -11f NVgV 1N SU4 ►PLu G°Rna�� �y[� R3 tan � � bun 0 1919 n 1991 S a O 4 O O NAµPb a is rNnlA%P orb * tt� � hd Page RerieeC. L leAellyn Assisbirt5ecrebry lr1 w rn au c Cn w ma c� Loa C:) 0 C" � 4 6 � C M 1 C:) IR C C7 a q� m� �o � N I" kV G Ch C °O ❑o L)— o19 Back to Agenda EXHIBIT A �sm COST ESTIMATE STATUS: OFFSITE COUNTY BOND AMOUNT PROJECT: STETSON HEIGHTS OFFSITE IMPROVEMENTS LOCATION: KITSAP COUNTY ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 1/19/2021 ITEM EST. UNIT UNIT TOTAL NO. DESCRlPT10N OTY. MEAS. PRICE COST 1 CONCRETE SIDEWALK' 750 LF $33.00 $24,750.00 2 CURB & GUTTER` 750 LF $16.00 $12,000.00 3 LANDSCAPE STRIP 332 SY $30.00 $9,960,00 4 TREES - 2.5" STREET TREES" 26 EA $425.00 $11.050.00 5 INSTALLATION OF LANDSCAPE & 1 0.05 X $21,010 $1.050.50 TREES ® 5%" TOTAL CONSTRUCTION COSTS $58,810.50 BOND AMOUNT ® 150% $88,215.75 'COST ESTIMATE FROM ACI "COST ESTIMATE FROM NATURE BY DESIGN Page 367 of 440 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND #: 023216754 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 1 Owner/Developer/Contractor: Active Construction Inc. (ACI) Off -site Improvements — OI 2, Associated with Tax Parcel Nos. 102301-4-062- Project Location: 2003, 102301-3-022-2004, 102301-3-023-2003 and 102301-3-024-2002 KNOW ALL PERSONS BY THESE PRESENTS: That we, Active Constriction, hic. (hereinafter called the "Principal"), and Liberty Mutual Insurance Company a corporation organized under the laws of the State of Massachusetts , 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 Seven Hundred and Seventy Seven Thousand and Eight Hundred and Forty Dollars and Fifty Cents ($772,840.50), 150% of the total construction amount for the items listed below for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal, in conjunction with the Owners, Stetson Heights, LLC, have applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU20-PLAT FINAL- 02, for a project known as Stetson Heights, Phase 1 located at A portion of the NW 'V4, NW '/4 & SE '/4 of the SW '/4 and of the NW '/4 & SW '/4 of the SE %4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 1023014-062-2003, 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the City's approval requires that the improvements are to be made or constructed by the date set out herein, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: Performance Bond — 012 —Stetson Heights Page 368 of 440 Page 1 of 6 Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above -referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by October 1, 2023 unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. 5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. 6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by this Bond between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a two (2) year Maintenance Bond, not to exceed the sum of One Hundred and Fifty Four Thousand,.„FivYe Hundred and Sixty Ei hg t Dollars and Ten Cents ($154.569.10], 20% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. Performance Bond — 012 —Stetson Heights Page 369 of 440 Page 2 of 6 Back to Agenda 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Ex iration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 370 of 440 Page 3 of 6 Performance Bond —012—Stetson Heights Back to Agenda DATED this 2nd day of Februa SURETY COMPANY (Signature pWst be notarized) By. Its Attorney -in -Fact Print Name. Holl! Albers Business Name: Liberty Mutual Insurance Company Business Address: 1001 4th Avenue,SuNte 370n City/State/Zip Code: Seattle WA 98154 Telephone Number: 206-473-3788 2021 . PRINCIPAL 'Sig nat�s must be notarized) By: Its _ ._Vi r p '+)r Print Name: SEcA - MC W&— Business Name: Active Construction, Inc. Business Address: City/State/Zip Code: Puyallup, WA 98371 Telephone Number: 253-248-1091 CITY OF PORT ORCIIARD ACCEPTED DATE: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Performance Bond — 012 —Stetson Heights Page 371 of 440 Page 4 of 6 Back to Agenda 1 NOTARY BLOCK (Use for STATE OF W COUNTY OF VSole Proprietor Only) ) ss. I certify that I know or have satisfa�ry evidence that is the person who appeared before me, and sai rson acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and vol unt act for the uses and purposes mentioned in the instrument. FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF Dated: print name NOTARY PUBLICS State of Washington, at: and for the My Commission expires: I certify that I know or have satisfactory evidence thatmac-se—is the person who appeared before me, and said person acknowledged as the V i [t Wes i de-M- of that (he/shc)-igned this instrument, on oath stated that (helshe) was authorized to execute the instrument and acknowledged it to be (hisll 4 free and voluntary act for the uses and purposes mentioned in the instrument. D. * .■ I►t __ � sig tre 1 l i. „l ll } ■ print name I I NOTARY PUBLIC in and for the State of Washington, residing at: Performance Bond — OI 2 — Stetson Heights Page 372 of 440 Page 5 of 6 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF PIERCE 1 I certify that I know or have satisfactory evidence that My Commission expires: Holli Albers is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact _ of Liberty Mutual Insurance Company that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses andpurposes mentioned in the instrument. 5�► Dated: February 2, 2021 �114 /f C� • = rP ��'++ 4 00 �OTARP �� Q signature Karen C. Swanson Nota Public f N'+1 p���.'G �� a �Z� pruitname NOTARY PUBLIC in and for the r F WASW State of Washington, residing at: Tacoma Washinaton My Commission expires: 11 /20/2021 Performance Bond — OI 2 — Stetson Heights Page 373 of 440 Page 6 of 6 Liberty mutum. SURETY This Power of Attorney limits the acts ofthose named herein, and they have noauthority to Back to Agenda bind the Company except in the rrenner and to the extent herein stated, Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate Noc 8204061 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a Corporation duly organized under the laws of the State of New Han -Wire, d-ol Liberty M.Wal 1nisuarce Cot pry is a corporation duly organized under the lam of the State of Massarhusetls, and West Arroican b-6uance Carrpary is a corporation duty organized under the laws of the State of Indiana {herein collectively called the Corr innies], pus Lent to and by atlthcvity herein set far14 does hereby ran-e, coristime and apparx AliceonA. Keltner, At ssaj. Lopez, AnelraG. Burtill, Annlelies M. Richie, Brandon K. Bush, Brent E. HeileseG Carley Espiritu, Christopher Kinvon, Cvnthia L. Irm. Diane M. H arcli Ffe EdwardSlams, Eric A. zinYrerrtn<an, EricaE. Mosley, Heather L. Allen, Holli Albers, JacobT. Haddock, J ames R. Birider, Jamie L. Marques. all of the city of Tacoma State of WA each it dvidually if them be nm tNin one narred, its he alai lawful attorrr .in•fact to rreke, execute, seal, ac e a—nO deliver, for aril on its behalf as suety and as its act a any and all uxiellakiW, fronds, recogrirarlces and alter surety oUlgations, in lxrsuarce Of these presents and shall Ire as binding upon d'e Carpanies as 9 they lave been duly signed by U-P pesWrlt ardi attested by the secretary of the Companies in their dawn proper persons. IN WITNESS WHEREOF, this Power of Attomley has been subscribed bar an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of J my 2020 . LA 01 iJl c T ra State ofPENNSYLVANfA County cf MONTGOMERY Liberty Mutual Insurance Company rw 1rasl.Rq ���Y rrus�pp urn s uRq The Ohio Casualty Insurance Company Jz°�ni'❑ rFoyR �J LgµropRragn VP'oproR�T� yn West American Insurance Comimry �1912y� px1919�n V 1991�0 Y��yYYss4C j der D CAMPSG aa� Ys rt�afAO as fC �ft�' r fffr j David M Can Assistant 5ecretary c 4 rU Cin this 2$t1n _ 0 � dayof _ July 2020 before � persxxlaliy appeared David M Carey. who ackmniedgerJ lilrself to be the Assistrtllt Secretary xf Liberty Mutuoi Innuuanxe -�6 CorTpalry, The Olio Casualty CoiTporry, ar�tArrerican FnsLrance Cxxrparty, aril that to as stx4 being authized so io ck� execute the foregoing instrurent forte purposes M t/~i themin cantaired ly sigring on behalf Of the corporations by himself as a duly alRhorted officer. a W a� a v M.Ln r6 0 it pj o 0 42 c 12 � u bO v' r6 � ay o E a ra >c at N L a� � V IN WITNESS WHEREOF, I have hereLrltosubscribed cry name and affixed cry notarial seal at King ofPrussia, Perrsylvarra, on the day and year first abovevAtten. car I�AST �� paQfyy.iN�r COMMONWEALTH OF PENNSYLVANI_A Notarial Seal OF Teresa Pastella, Notary Public Upper MarionTwp., Montgomery County By: My Commission Expires March 28, 2021 P`1�4�G Mumtwr, Pennsylvania Association of Notaries This Power of Attorney is made and executed pursuant to and by authority of the filming By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Conpanywhich resolutions are now in full farce and effect reatirg as follows: ARTICLE IV ' 0 F F ICE RS: 5 edon 12, Pow of Attorney, Any officer or odff official of the Corporation authorized for tot purpose in writing by the Chainrun or the President aril sil.4ect to sWi limitation as the chaim-an or the President m5y prescribe, shall appoint such atb neys-iri-fact as nay be necessary to act in behalf of the Corporation to make, execute, seal, ackrd>+Aledge and deliver as surety ary and all undertaWrgs, bonds, tiecogli¢ances and other surety oUlgations. Such attorneys-iru-fact st4ect to ttre Iixritations set forth in their respective powers of attl mey, shall have rull p mr to lurid the Corporation by their sigrabre and execution of ary such irstrurre is and to attach thereto the seal of the Corporation Wren so executedu such irstr rrents shall be as bincirg as if signed by the President and attested to by die SecteLwy. Amy pwRr or aurtY aity granted to ary representative or attorney -in fact under the paAsions of this article rroy be revoked at any tlrTie by the Board, the Ctaimmn, the President or by the officer or officers grantirg such power or authority. ARTICLE XIII - Execution of Contracts: Sexton 5. Surety Bonds and Undertaldrigs. Arty officer of the Comparrry auto rprized for that pugne in writing by the chairman or the president and sulrJect to such limitations as the clnairrwr i or the president trey prescribe, shall appoint such attorneys -in -fact as rmy be necessary to act in behalf of the Company to rrrlke, execurle, seal, acWvWedge and del Kier as surety any and all uderuldrgs, btlnds, o2cogrizances ands other surety ob gatians. Stich almorneys-in-fact su4ect to the trritatons set frith in their respective powers of attorney, shall have flil power to bind 0-ie Comp irty by Mrsigmture arxt execution of ary such itnsb'trmints and to attach thereto ifre seal of the Company. When so executed such instnerents shall be as finding as if signed by the ixesOent and attested by the secretary. Certificate of Designation - The President of the Company, actng pursuant to the Bylaws of the Cornpary, authorizes David M Carey, Assistant Secretaryto appoint such attorneys -in - fact as may be rlecessa ry to act on b2toIf of the ConyAny to mnke, execute, seal, acknoWedge and denier as suety any and all undertaldrgs, bads, recognizances and other- surety obligations. Authorization - By unanirrxs conssetx of the ConWrlyls Board of Directors, the CorrWry cons eril that facsinile or nechanicaliy reproduced sigriature of any assis tart secretary of the Con -parry, W-erever appealing Lpon a certified copy of airy paver of attorney issued fy the Caq)ary in connection with sLrety bands, shall be valid and binding Upon the Company Wth the sere force afxf effect as though rrentalty affixed L Renee C. Llewellyn the ur dersigrleC Assistant Secretary, The Ohio Casualty Insurance Cxxrpany, Liberty Mahral insurance Company, and West American Insurance Conparry do herlefyy certify that the original pu mr of attaney of Which the foreinirg is a fill, true and conect copy of the Paw cf A"ney executed tar saki Conliories. is in fill force and effect and has not been revoked. IN TESTINDfW WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 2nd day of _ February , 2021 . F� nNSitRq �� `GaEyY Qlrgr�0'�nR` 1912 n Y��JYSS�CHtl`+'F ,era LMS-12873 LMIC OCIC WAIC Mute Co 12119 INg�� � 1NSxr�R PLAY COrJ LOpA OIr4'9� VP LgRP Oigq� Q' o 4 1991 0 F1919�p y0 r+A M?S a yt 't NIIiAN� a Page 3 Renee C. L lemllyn, Assistant Secretary 7 E a) s~ Qo � M Q � O � c W 0 M 2L O N O � O Yc a� ao v 00 E CV � M G 00 U� oT Back to Agenda EXHIBIT A 012 COST ESTIMATE STATUS: OFFSITE CITY BOND AMOUNT PROJECT: STETSON HEIGHTS OFFSITE IMPROVEMENTS LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 1/19/2021 ITEM EST. UNIT NO. PgSr4RIPTION OTY. MEAS. 1 ASPHALT PATHWAY' 1929 LF 2 GRAVEL ACCESS ROADS 155 CY 3 MANHOLE BASE COATING' 26 EA 4 GUARDRAIL ALONG SEDGEW ICK' 1 LS 5 OFFISTE WATER TEMP. AC PATCH' 6 SHOULDER REPAIR 7 REPLACE/REPAIR S.S. TRENCH MATERIAL' e RUBY CREEK CULVERT REPLACEMENT' 9 CHICANE' 10 LITTLE GLENWOOD RD. IMPROVEMENT" TOTAL CONSTRUCTION COSTS BOND AMOUNT ® 150% `COST ESTIMATE FROM ACI 1 LS 1 LS 580 LF UNIT PRICE $33.00 $30.00 $2,500.00 $36,300.00 $65,000.00 $50,000,00 $125.00 1 LS $28,120.00 1 LS $66,000.00 1 LS $64,000.00 TOTAL COST $63,657.00 $4,650.00 $65,000.00 $36,300.00 $65,000,00 $50,000.00 $72,500,00 $28,120.00 $66,000.00 $64,000.00 $515,227.00 $772,840.50 Page 375 of 440 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the three years Maintenance/V4'arranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND #: 023216757 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 1 Owner/Developer/Contractor: Active Constriction Inc. (ACI) Off -site Improvements — OI 5, Wetland Buffer Mitigation for Sewer Line, Associated with Tax Parcel Nos. 102301-4-062-2003, 102301-3-022-2004, Project Location: 102301-3-023-2003, and 102301-3-024-2002 KNOW ALL PERSONS BY THESE PRESENTS: That we, Active Construction, laic. (hereinafter called the "Principal"), and Liberty Mutual Insurance Company a corporation organized wider the laws of the State of Massachusetts and authorized to transact surety business in the State of Washington (hereinafter called the "Surety"), are held and fimily bound unto the City of Port Orchard, Washington, in the sum of Seventy Three Thousand, and Six Hundred and Forty Two Dollars and Fifty Cents ($73,642.50), 150% of the total construction amount for the items listed below for Private Developers, lawful money of the United States of America, for the payment of which suns 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, in conjwiction with the Owner, Stetson Heights, LLC, has applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU20-PLAT FINAL- 02, for a project known as Stetson Heights, Phase 1 located at A portion of the NW '/4, NW 1/4 & SE 1/4 of the SW 1/4 and of the NW 1/4 & SW 1/4 of the SE'/4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 102301-4-062-2003, 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the City's approval requires that the improvements are to be made or constructed by the date set out herein, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: Page 1 of 6 Performance Bond — 015 —Stetson Heights Page 376 of 440 Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include wetland buffer mitigation for sewer line and associated engineering, mitigation, monitoring and work, as set out on Exhibit A hereto and incorporated herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above -referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by October 1. 2023, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. 5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. 6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by this Bond between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a three (3) year Maintenance Bond, not to exceed the sum of Seventy Three Thousand and Six Hundred and Fortv Two Dollars and Fift Cents ($73,642.50), 150% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. Page 2 of 6 Performance Bond —015—Stetson Heights Page 377 of440 Back to Agenda 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements, C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 3 of 6 Performance Bond — 015 — Stetson Heights Page 378 of 440 Back to Agenda DATED this 2nd day of February , 20 21 . SURETY COMPANY (Signature t be notarized) By: Its Attorney -in -Fact Print Name: Hoili Albers Business Name: Liberty Mutual Insurance Company Business Address: 1001 4th Avenue, Suite 3700 City/State/Zip Code: Seattle, WA 98154 Telephone Number: 206-473-3788 PRINCIPAL (Signat a must be notarized) By: Its ia- Print Name: Sciz>*+ Moy-s! Business Name: Active Construction, Inc. Business Address: P. O. Box 430 City/State/Zip Code: Puyallup, WA 98371 Telephone Number: 253-248-1091 CITY OF PORT ORCHARD ACCEPTED DATE: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Performance Bond — 015 — Stetson Heights Page 379 of 440 Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have sa person who appeared before me, acknowledged it to be (his/her) frc that is the fd person acknowledged that (he/she) signed this instrument, and voluntary act for the uses and purposes mentioned in the instrument. Dated: Signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OFJ iCVC.f, ) I certify that I know or have satisfactory evidence that ':�CC'A �'6Sc— is the perso who appeared before me, and said person acknowledged as the V i C-e 'Press I of �-j ,/le CG9/1.5�1'YuC� I t1 9 V►L that (he/she) signed this instrument, on oath stated that (he/ske') 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. "♦�P G 0 �'PUB �Y ' Z i cn's,o PUBLIti #ilkWAP�•`` PMA NOTARY PUBLIC in and for the State of Washington, residing at: o►!lQ kX5d Page 5 of 6 Performance Bond — OI 5 — Stetson Heights Page 380 of 440 Back to Agenda My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF PIERCE I certify that I know or have satisfactory evidence that Holli Albers is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact of Liberty Mutual Insurance Company that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: February 2, 2021 7 \ ION 10N p/Bob+�®, 9°''°° do q � �QTAR '+ i signature Karen C. Swanson, Notary Public rY ® `_C r "_' s prnit name ® N °°° [JU13L,� s"d ®I - 1, ; � z`-�.�M NOTARY PUBLIC in and for the `fl �it 6 a"" wyr ` State of Washington residing I t"a, 10- at: Tacoma, Washington My Commission expires: 11/20/2021 Page 6 of 6 Performance Bond — OI 5 — Stetson Heights Page 381 of 440 This Power of Attorney limits the acts ofthose namedherein, and they have noauthority to Back to Agenda bind the Company except in the fTlanner and to the extent herein stated. Liberty Mutual® SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate Na 8204061 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Corpany is a corporation duty organized under the lava of the State of New Harrpshire, that Liberty M Ial Insurance Con -Wry is a corporaation duly organized uxherthe laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Udiana (herein collectively called the'Companies), pursuant to and by authority herein set frxtlti does hereby narre, constitute and appoint Aliceon A. Keltner. Alvssa I. Lopez. Amelia G. Burrill. Annelies M. Richie. Brandon K. Bush. Brent E. Hell esen. Carlev Espiritu. Christopher K invon. Cvnthia L. Iav, all of the city of Tacoma state of WA each individually ' there be more than one named, its true and ladd attorrWin-fact to make, execute, seal, acknoWedge a fiver, a on its behalf as surety and as its act a , arty and all undefialdnigs, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Conpanies as if they have been duly signed ty the president and attested by the secretary of the Companies in their awn proper persons. IN WITNESS WHE REOF, this Pourer ofAttorney has been subscribed ty an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this; 28th day of j my , 2020 . NI GJ c ll Statec(PENNSYLVANIA County of MCINTGOME RY ss Liberty Mutual Irsuance Conpany I su'/ ASV INS& %NSU,p The Ohict Casualty Insurance Conpary j =GoaPogyr�oy�t� �J240RPO/�r��yf' orlgr-4, WestAmericanInsuanceCompany 91912�y s y 1919 o a 1991 0 d,��SACHUS� .ova �� HA MPS�`,�8 YS �NDIANO' da B �,N�• navtfl M Carp. ACSIitar1t1;PCrtPtary On this 28th day of j ul y 2020 before rre personally appeared David M Carey, Who acknowledged frrrself to be the Assistant Secretary of Liberty MAual Insurance TN�CorpamyeOasua Compny, and West American Insurance Corrpary, and that he, as sudl being authorized so to do, execute the forEgdrg instruTent for the PIPCses Ri c~i� therein contained ty signing on behalf of the corporations by himself as a duly authorized officer. �' W _v fo c 0 LJ ai O O �! C a FN� L +v' � E oIM 7 N 0 O � Z v IN WITNESS WHEREOF, I have ht relrbo subscribed rry narre and affixed rry notarial seal at Kirg of Prussia, Pennsylvania, on the day and year first above written ,p, PAST �aNwF 4111 COMMONWEALTH OF PENNSYLVANIA u� Q�Z y OF Notarial Seal Teresa Pastella, Notary Public Upper MerionTwp., Montgomery County By: �VP ` G My Commission Expires March 28, 2021 eresa Pastre �U0 Member, Pennsylvania Association of Notaries This Parer of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Corrpany, Liberty Insurance Conpany, and West American Insurance Companywhich resolutions are now in full force and effect reading as follows: ARTICLE N " OFFICERS: Section 12. PowerofAtipmey. Any officer or other official of the Corporation authorized for that purpose in vritirg by the Chairnan or the President and subject to such lirritation as the Chainran or the President may prescribe, shall appoint such attorneys -in -fact: as nay be necessary to act in behalf of the Corporation to make, execute, seal, admMedge and deliver as surety arty and all undertaldrgs, bonds, recognizances and other surety obligations, Such attorneys -inn -fact subject to the limitations; set forth in their respective potters of attorney, shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation When so executer( such instr rrert shall be as biin irg as if signed �j the President and attested to by the Secretary. Any paler or authority granted to any representative or attorr ey-frl-fact under the provisions of this article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers grantirg such paw or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bords and Undertaldrgs. Ary officer of the Company authorized for that purpose in vritirg by the chairman or the president and subject to such linitatiorr as the chainan or the president nay prescribe, shall appoint such attorneys -in -fact as may be necessary to act in behalf of the Conpary to wake, execute, seal, acWmWedge and deliver as surety ary and all urldertaWrgs, bonds, recognizances and other surety obligations. Such attorneys -in -fact subect tic) the limitations set forth in their respective powers of attorrley, shall have full power to bind the Company I t their sigrabie and execution of ary such instruments and to attach thereto the seal of the Con -pry. When so executed such instrurrenis shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President ofthie Company, acting pursuant to the Byla✓us of the Ccnpary, authorizes David M Carey, Assistant Secretary to appoint such aftneys-in- fact as may be necessary to act on behalf of the Conpary to make, execute, seal, acknMedge and deliver as surety ary and all uidertakirgs, bolds, reccgnizarlces and other surety obligations. Authorization - By uarimas consent ofthe Conpary's Board of Directors, the Compary consents that facsirrile or mechanically reproduced signature of arty assistant secretary of the Company, vfherever appearing upon a certified copy of arty power of attorney issued by the Conpary in confection with suety bonds, shall be valid and bidding upon the Ccxrpary with the same force and effect as though manually affixed T Renee C. Llewalhyrt the udersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Conpary, and West American Insurance. Company do hereby certify that the original power of attorney of vlhich the foregoing is a fill, he and correct copy of the Power of Attorney executed by said Compares, is in fUl force and dl&t and has riot been revoked IN TE STIMOW WHEREOF, I have hereurlto set rry hand and affixed the seals ofsaid Con -panes this 2nd day of February , 2021 . � INSU/�i J 24oN1, 0rtyr�oy�� 1912 day sq'7crlu61 LMS-12873 LMIC OCIC WAIC Multi Co 12/19 �ZV INSU d INSI/q Qp'4oRPorf� '�'qy� VP GOAPorty oy�c� 1919 0 1991 0 o ryHAM95"' `<s �NOIANO' ,aa3 Page 38 By: ReneeC. L Assistant Secretary O O O c ar fv a O v N O N M CO 0 r co Back to Agenda r AW COST ESTIMATE STATUS: WETLAND BUFFER MITIGATION S.S. EASEMENT AREA PROJECT: STETSON HEIGHTS OFFSITE IMPROVEMENTS LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 1/19/2021 ITEM EST. UNIT UNIT NO. DESCRIPTION 2. MEAS. PRICE 1 WETLAND BUFFER MITIGATION FOR SEWER LINE` A. PLANT STOCK 1 LS B. CONSTRUCTION CREW 1 LS C. MONITORING 1 LS D. CONTINGENCY 1 LS E. MOBILIZATION 1 LS 2 TEMP. IRRIGATION FOR WETLAND BUFFER MITIGATION 3 ENGINEERING & SURVEY SUPPORT TOTAL CONSTRUCTION COSTS BOND AMOUNT 0 150% "COST ESTIMATE FROM EVIROVECTOR 5 ZONE $11,595.00 $5,000.00 $5,000.00 $1,000.00 $2,500.00 TOTAL $1,800.00 1 LS $15,000.00 EXHIBIT A TOTAL COST $11,595.00 $5,000,00 $5,000.00 $1,000.00 $2,500.00 $25,095.00 $9.000.00 $15, 000.00 $49,095.00 $73,642.50 Page 383 of 440 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS PROJECT or PERMIT # CONTRACT # SURETY BOND #: 023216750 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 1 Owner/Developer/Contractor: Active Construction Inc. (ACI) On -site Improvements — C 1, associated with Tax Parcel Nos. 102301-4-062-2003, Project Location: 102301-3-022-2004 102301-3-023-2003, and 102301-3-024-2002 KNOW ALL PERSONS BY THESE PRESENTS: That we, Active Construction. Inc. (hereinafter called the "Principal"), and _ Liberty Mutual Insurance Company a corporation organized under the laws of the State of Massachusetts , and authorized to transact surety business in the State of Washington (herenafter called the "Surety"), are held and firmly bound unto the City of Port Orchard, Washington, in the sum of Fi ily T�vo Thousand, Five Hundred DoIIars and No Cents S5( 2,500}1 150% of the total construction amount for the items listed below for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal, in conjunction with the Owners, Stetson Heights, LLC, have applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU20-PLAT FINAL- 02, for a project known as Stetson Heights, Phase 1 located at A portion of the NW '/4, NW `/4 & SE '/4 of the SW '/4 and of the NW '/4 & SW '/4 of the SE '/4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 102301-4-062-2003, 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these certain improvements be made as part of the project; and that such improvements be constricted in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the City's approval requires that the improvements are to be made or constructed by the date set out herein, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: Page 1 of 6 Performance Bond — C1— Stetson Heights Page 384 of 440 Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the work associated with Pond 3, set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above -referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal roust have completed all improvements required by the above -referenced conditions, plans and City file by October 1, 2022, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. 5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. 6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by this Bond between the Principal and the City. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(l)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. Page 2 of 6 Performance Bond — C1— Stetson Heights Page 385 of 440 Back to Agenda C. Corrections. Any corrections required by the City shall be conumenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on thus bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bogd Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 3 of 6 Performance Bond — C1— Stetson Heights Page 386 of 440 Back to Agenda DATED this 2nd day of _ February , 20 21 . SURETY COMPANY (Signature t be notarized) By: Its Attorney -in -Fact Print Name: Holli Albers Business Name: Liberty Mutual Insurance Company Business Address: ,001 4th Avenue. 5uit 3700 City/State/Zip Code: Seattle, WA 98154 Telephone Number: 206-473-3788 PRINCIPAL (Signati a must be notarized) By; Its Print Name: Business Name: Active Construction, Inc. Business Address: R 0. Box 43Q__ City/State/Zip Code: _ Puyallup, WA 98271 -� Telephone Nwnber: 253-248-1091 CITY OF PORT ORCHARD ACCEPTED DATE: n-M PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Performance Bond —C1—Stetson Heights Page 387 of 440 Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person ackn ' edged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and voluntary . or the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Coinmission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF i'ert� I certify that I know or have satisfactory evidence that SC CA+ mbr S is the person who appeared before me, and said person acknowledged as the Li_C.t Tlrew&&W-, of Ac:kyo- —CPA�,-Jk i V1G , that (he/sore) signed this instrument, on oath stated that (he/ was authorized to execute the instrument and acknowledged it to be (his4wr-) free and voluntary act for the uses and purposes mentioned in the instrument. aoz'''let.; 01, NOTARY + � � r � Dated: a:;f�Q_�C I A (t r( si %ture _y 3i0 _� - prmt name NOTARY PUBLIC in and for the State of Washington, residing at: r�ko Lid �W, Page 5 of 6 Performance Bond — C1— Stetson Heights Page 388 of 440 Back to Agenda My Commission expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF_ PIERCE ) I certify that I know or have satisfactory evidence that Holli Albers is the person who appeared before me, and said person acknowledged as the Atiomey-in-Fact of _ _ Liberty Mutual Insurance Company that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. Dated: Februa 2 2021 t,`�`1 _94 All" 0%.- ON 4++ 1� signature � Karen C. Swanson, Notary Public fprint name i �,`'►' PUBI.�G ' �'` `� v ''t�, z o ti_`_ A° ■►••..•-�,�C� 4 NOTARY PUBLIC in and for the State of Washington, residing 1 OF WAs411 at: Tacoma, Washington— — My Commission expires: 11/20/2021 Page 6 of 6 Performance Bond — C1— Stetson Heights Page 389 of 440 Liberty Mutual. SURETY This Pow of Attorney limts the acts of those named herein, and they have no authority to Back to Agenda bind the Company except in the manner and tothe extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company WestAmerican Insurance Company POWER OF ATTORNEY Certificate Na 8204061 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insuarrce Corrpary is a corporation duly organized under tie latAS of tfre State of New Hampshire, got Liberty Mutual L-Isurance Compary is a corporation duly orgaized i.n&r the laws of the Stale of MissaclxseT5, and West American Insurance CmWTy is a corporation duly orgarized underthe laves of the State of Irxfana (herein collectively called the, CwTeiii j, pursuant to and by at#xxity herein set M1 does hereby rkirre, constimte and appoint Aliceon A. Keltner, Alyssa J. Lopez, AFrei iaG. 8unf11, Annelies M. Richie, Brandon K. Bush, Brent E. Heilesen, Carlev Esoldlu. Christonlner Kirnrorn. Cvnthia 1.. taut. irres B. Binder, IaiiAe L. err{ e all of the city of Tacclim state of WA each in cMdually if then? be mire than one rti7rrecf its "and laA U attorrley-in,fact to make, execute, seat, ac edge and fiver, or ar on its behalf as surqand as res attar deed, any and all uxiertakirgs, bonds, mcogrlizances arsi other surety obigations, in pursuance of these presents and shall be as tiivIng Lpw the Con-WNes as if they have been duly signed by the pesident and attested ly the secretary of due Companies in their ouun proper Persorr, IN WITNESS WHEREOF, this Pd„A,er of Attorney has been subscribed by an auulhorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of ) ul y 2020 cu N B c E State of PENNSYLVANIA County of MQNTGOtVE RY Liberty Mk al Insurance Conylary P� Irysul ? PLAY INS( N IN SU,?. The Ohio Casualty Insurance Compary jr4ona° r�rD� �`y 20°prop IrFPgy� GPI oaf O�arF yC West American Insurance Company --V Y1911919p�o � 1991� dye �s^cuu5 ,ova Q �'„nµv5'' ya PCs, hainril• aD lC_ �'7 By: David M Carey, Assistant Secretary aOn this 281h clay of J LA Y 2020 before rre personally appeared Dav d M Carey, vuho ack-loWedged himself to be the AssisuntSecretary of Liberty M kA ra Conpany`�T 1e Olyo Casualty CorrWr:y, and West Arrudcan Unsu-ance Compry, and that Ire, as sw4 being auttnrized so to do, execute the foregoing instrLrrent forthe therein corx-iined by sigrirg on beMf of fife capxrAom by h fTself as a duty aLM)olized oificer. v = -ry �p �a 'L O C] B C � >r N N bO � L S. S �. o2 IN WITNESS WHEREOF, I have hereuntA subscribed rry name and affixed ny notarial seal at King of P nussia, Pennsylvania, on the day and year first above written. r7t, PA&7� r[W { COMMONWEALTH OF PENNSYLVANIA ati p�O q Notarial Seal or Teresa Pastella, Notary Public Upper Merion Twp., Montgomery County By: _�SnVPt,4 � My Commission Expires March 28, 2021 y � �J Member, Pennsylvania Association of Notaries 1 This Pager of Attorney Is nude and executed pursuant to and by aulinority of the folll7Airg Bylwz and Authorizations of The Ohio Casualty Insurance Company, Liberty Nkitual Issuance Conpary, and West Arrierican Insurance Carpxnnyv k ich resolutions are now In fail force and effect reading as follans: ARTICLE IV ' OFFICERS: Section 12. Pamir ofAtinrrtey. Ary officer or other official of the Corporation auttyxized for that purpose in witirg by tine Chainnnn or the President and sL4ect to such lirilaticn as tine Chainren or the Presider( may prescribe, shall appoint such attoneys-infact, as i'my be necessary to act in behLnlf of the CaImficrr to rmke, exectile, seal, acInMedge and deliver as surety any and all utderlaldngs, truths, recogNzances and other- surety cdigations, 5 uch aftilneys•inrtact, stoect to Use lirritatiors set fortis in their respective pursers of amxney, shall Rive full poser to bind the CorporationT by tineir signature arch execution of any such Ins trurT" and In attach thereto the seal of the Corporation When so execurtecl such insbirre; shall be as Hrrdrg as if signed by the President and attested to by the Secretary. Ary power or auihraity ganted to any relxesentati e cc aiturley-in fact under qne prvwisions of lis article nny be revoked at ary Vrre by rife Board, tie CI-olm-an, line President or by the officer oroffirefs grartirg such pci or authority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bords and Ufxieftakirgs. Any officer of the Corrpanyr authorized for that purlxlse in witirg bar the chairrren or the Ixesidenk aril sul jert to such lin itations as the chainan or the president Irry prescribe, sisal] appoint such attorneys -in fart as may be Inecessary to act in behalf of the Company to mike execue, seal, acWoWedge and del hmr as surety ary and all unciertalorgs. bonds, recogrizances and other surety obligations. Such at0neys-ir1-fact sL4ect ro 0-le lirritations set forth in their respective posers of attorrney. shall have fill parer to bird the Company by their signature and execution of any such in;tfurrenls and to attach tinereto tine seal of fhe Carp ry. When so executed such inaturru% shall he as birncinlg as if signed by the fxesident and attested by, the secmtaiy- Certificate of Designatiorn - The President of the Corrprry, actirg ptrsuar t to the Byiavrs of the Corpary, aAuizes David NI Carey, ASSiStatx Secretary to appoint such atmrneyrs-in- fact as may be necessary to act on beYaif of flee Company to rruke, execuM seal, acknoA4e and deliver as surety any and all uic ertakirgs, bonds, recagrizarres and other surety obligations. Authorization - 8y unrarnifTm toner( of the Compartyrs Board of Directors, the Conpary cements that facsimile or rrecharical ly reproduced signature of any assistant secretary of the Company, okerever appearing uIm a certified copy of arty pother of amirrey issued by the Corrpary in connection With surety bonds, shill be valid and brdriig Ulm the Corrpany Wth dv saire kxre aril effect as #w4h manually affixed I, Renee C. Llewellyn the urxierstred, Assistant Secretary, The ONo Casually Insurance Corrlxiny, Liberty NlAial Insurance Company, and West Arrerkan Insurance Conpay do hefety certify that the orfgirxnl power of atierney of vhch ilre fonol g is a fill, true and correct copy of the Pwff of Ataxney exectRod by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereurlm set rry hand and affixed the seals ofsaid Corrparies this 2nd day of February , 2021 . PL nNStl py11 INS& a INS0,9 rC, 1912 q q a 21919 1991 s q 4 Q r���,7 cstuti dab yp O?A19' d xS� VorAnP�dL By. RerieeC. L I elAel lyrj Assistait5ecn=tzjty — * 1 . h Page 9 LMS-12873 LMIC OCIC WAIC Multi Co 12/19 _ f— co vw aE m � O C) � M O � L ra '1 O 0-3 Vl O o aci a0 m� >o N �00 E cV Cl) 00 L)� 0 CO Back to Agenda Cl COST ESTIMATE STATUS: PUBLIC WORKS CONTINGENCY PROJECT: STETSON HEIGHTS PH. 1 IMPROVEMENTS LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 1 /19/2021 ITEM EST. UNIT NO. DESCRIPTION OTY. MEAS. ON•SITE POND 3 RELOCATE OUTFALL 1 LS TOTAL CONSTRUCTION COSTS BOND AMOUNT 0 150% EXHIBIT A UNIT TOTAL PRICE COST $35,000.00 $35,000.00 $35,000.00 $52,500.00 Page 391 of 440 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the hvo years Maintenance/Warranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND 4: 023216752 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 1 Owner/Developer/Contractor: Active Constriction Inc. (ACI) On -site Improvements — L1, associated with Tax Parcel Nos. 102301-4-062-2003, Project Location: 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002 KNOW ALL PERSONS BY THESE PRESENTS: That we, Active Constriction. Inc. (hereinafter called the "Principal"), and, Liberty Mutual insurance Company a corporation organized under the laws of the State of _ _ Massachusetts , 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 Three Hundred Sixty Nine Thousand, Nine Hundred and Forty Nine Dollars and Twenty Three Cents $36(9,94. 9.23], 150% of the total constriction amount for the items listed below for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal, in conjunction with the Owners, Stetson Heights, LLC, have applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU20-PLAT FINAL- 02, for a project known as Stetson Heights, Phase 1 located at A portion of the NW 1/4, NW '/4 & SE `/4 of the SW '/4 and of the NW `/4 & SW '/4 of the SE 1/, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 102301-4-062-2003, 102301 33-022-2004, 102301-3-023-2003, and 102301-3-024-2002; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City, and WHEREAS, the City's approval requires that the improvements are to be made or constructed by the date set out herein, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: Page 1of6 Performance Bond — ll — Stetson Heights Page 392 of 440 Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the landscaping work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above -referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by October 1, 2022, unless an extension is granted by the City. 4. The Principal must have paid all stuns owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. 5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. The Principal shall indemnify and hold hannless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the worlunanship entering into any part of the work or designated equipment covered by this Bond between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a two (2) year Maintenance Bond, not to exceed the sum of Three Hundred and Eight Thousand. Two Hundred and Ninety One Dollars and Three Cents (S308.291.03], 125% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written cominitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a tune 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 fiilfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. Page 2 of 6 Performance Bond — Ll — Stetson Heights Page 393 of 440 Back to Agenda 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 3 of 6 Performance Bond —Ll— Stetson Weights Page 394 of 440 Back to Agenda DATED this 2nd day of February . 20 21 SURETY COMPANY (Sigwt ire be notarized) By Its Attorney -in -Fact Print Name: Holli Albers Business Naive: _Liberty Mutual Insurance Cornnany Business Address: _1001 4th Avenue. Suite 3700 City/State/Zip Code: Seattle WA 98154 Telephone Number: 206-473-3788 PRINCIPAL (Sign i•e test be notarized) By: Its c Print Name: Business Name: Active Construction. Inc. Business Address: P. O_ Box 430 City/State/Zip Code: Puygllup. VVA 98371 Telephone Number: 253-248-1091 CITY OF PORT ORCHARD ACCEPTED DATE: R-W PRINTED NAME: MARK DORSEY. P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Performance Bond —Ll—Stetson Heights Page 395 of 440 Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ) ss. COUNTY OF I certify that I know or have satisfactory eviden%, fiat is the person who appeared before me, and said pers acknowledged that (he/she) signed this instrument, and acknowledged it to be (his/her) free and vol ary act for the uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF -Pi erc--e ) I certify that I know or have satisfactory evidence that se -CA+ MOTS e is the person who appeared before me, and said person acknowledged as the Xt� g t ve s i el2►R$ _ of _AL ye- -rrl [} �y , p4C,_that (he/�j"signed this instrument, on oath stated that (helshc) was authorized to execute the ,Instrument and acknowledged it to be (hiss} free and voluntary act for the uses and purposes mentioned in the instrument. r - � is► l . ► NO • V i ■. NOTARY PUBLIC in and for the State of Washington, residing at: Lo..k. "xxxi yjA Page 5 of 6 Performance Bond — Ll — Stetson Heights Page 396 of 440 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF_ PIERCE ) I certify that I know or have satisfactory evidence that My Commission expires: Holli Albers is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact _ of l.jberty Mutual InsLitano rgmp,Ejny 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: February 2.2021 'V OON io signahir�l�+'1 l� Karen C. Swanson, Notary Public ;� PUBL�G : Print name R0 toll ff NOTARY PUBLIC in and for the t t t � r� WState of Washington, residing at: Tacoma. Washington My Commission expires: 11 /20/2021 Page 6 of 6 Performance Bond —Ll—Stetson Heights Page 397 of 440 OWMutual. SURETY This Power of Attorney limits the acts of those named herein, and they have no authority to Back to Agenda bind the CorrWrry except in the manner and to the extent herein stated. Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate Na 8204061 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Isurance Company is a corporationdi* organized under die lays of the State of New Harrfshire, that Liberty Mutual issuance Con1mr ty is a corporation duly organized uhderdhe laws ofthe State of f+/tassadusetts, and West An erican bistrarxe Cogory is a corporation duly organized Under the laws of die State or Indiana (heren cdlecbVely called OR Con-Fasies), lxrtsuarrt b arri f y authority herein set fatht does hereby nano, constitute and appoiM AIiceon A. Keltner, AIyssaj. Lopez, Amelia G. Burri11, Annelies M. Richie, Brandon K. Bush, Brent E. H61esen, Carley Espiritu, Clid stoAher Kinvon. Cvnthia L. Iay. Diane M. Hardirg Edward Sims, E tic A. Zimmerman, E rica E. Mos! , Fteatiher L. A lien, Hopi A lbiers acob T. Ha[klock, J ames B. Binder, J orris L. Mar ues, Katharine I.Sriider, K vie I osesih Howat Terris Canard all of die city of Tacoma state or W A each irxWdually if there be more than one neirred Its untie and lavafi i altairieyinncct to mike, execute, seal, ac edge and ivel a nd on its behalf as surety a nd as its art a any and all uxlertaldi gs, borxts, recogrizances and od-erstuety obligations, in pursuance of these presents and shall be as bindrg Upon the Companies as if they have been duly signed by the president and attested by the secretary d the Companies in their own proper persons. IN WITNESS WHEREOF, this Povaer of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of j ul y 2020 . to CU 2 C m s i`a State of PE N%YLVAP4A Courtly of MDNTGONI RY ss Liberty Mimi Insurance Company L tNSU� 'ZY 0436 Msu/I q The Ohio Casualty InsuanceConpany a ALflPpa�fq���'�m �J�LgR4pR�To-9� `GP4opPOq�T �p WestAmericaiInsurance Corrpany a Fe n 1912 0 o y19194o d 1991 r�g1�SS�GH11�+ -0A yo"W's,, ,ai1� le NnfA1�P da 4A7/ /,/ 7 By David Carey, AssistantSecretary' On this 28th day of h uI�, 2020 before me personally appeared David M Carey, who acknMedged hinrselfto be the Assistant Secretary of Liberty MAA m C onpar T iF O- hio Casualty Co rRtry, and West American Issuance Conpany, and that he, as suds beirg authorized so to do, execute the foregarg instrurent for the therein contained by signing on behalf of the corporations by htinself as a d ly autlhorized officer. 7 E� b T io c 0� IN WITNESS WHEREOF, I have hereunto subscribed rry name and affixed rry notarial seal at King of Prussia, Perrsylvania, on the day and year first above written PAS 5� �` �Gt1 iV�� fi{p C { CO M M ON W EALT1i OF P E N NSY LVAN I_A �Q. r Notarial Seal OF Teresa Pastella, Notary Public Upper MerionTwp., Montgomery County My Commission Expires March 28, 2021 By: Member, PonnsylVania ASW601600 of Nalilne4 This Power of Attorney is made and executed pursuant to and bar authority of the follwving By -lam and Authorizations, of The Olio Casualty Insurance Company, Liberty Nl"I Insurance Conpary, and West American Irisuance Corpanywhich resolutions are now in fill force and effiect reacirg as follow: ARTICLE 1V " OFFICERS: Section 12 PolwofAttomey. Ary officer or other official of the Corparariah audiaized for tiiat putpose in vuitirg bay the Chilm-sn or the President: and subject to such limitation as the Ciiriim-Bn or tie President may prescri he, spoil appoint such attxhieys-in facia as may he necessary to act in beta€f of the Corporation to nnW. exec Lie, seal, acknoWecige and deliver as surety any and all a cleraldrl s, bonds, iecognizances and other surety obligations. Such aWxneys-in-faa subject to the litritaticm set fohth in their respective pxms of attoney, shall have fill prover to bind the Corporation ty their signature and execution of any such instr rrents and to attach thereto ttae seal of tie Corporation, WI -en so execute such instttnerfs shall be as bn irg as if signed ter the President and attested to by tine Secretary. Ary fxxner or authority granted b any tepresentatve or attorney -in -fact under the rAMsiors of this article rrey be revoked at any time ty OR Bo old, the C12iin-BR the President a by die officer ordficers grartirg such pmeror au t hotity. ARTICLE XIiI - Execution of Contracts: Section 5. Surety Bonds and Undertaldrgs. Ary officer of the Corrpary authorized for that purpose in vwWrg by the chairman or the president and subject to such limitations as the chairman orthe president nay prescribe, shall appoint such attorneys -in -fact as nay be necessary to act in behalf of the CaTpary to make, execute, seal, acknowledge and deliver as surety ary and all udelitaWrgs, bands, recogrizances and other suety obligations. Such atliorneys-in-fact subject tip the limitations set fain in their respective poAers of attorney, shall have fill pwuer to bind the Company bar their signature and execution of ary such instromer is and to attach thereto the seal of the Ctrrpany. When so executed such inst urrents shall be as hieing as if signed ty the president and attested by the secretary. Ceitificate of Designation - The President of the Corrparry, acting pursuant to the Bylaws of the Ctxrpary, authaizes David M Carey, Assistant Secretary to appoint such all nieys-iri- fact as may be necessary b act on behalf of the Con}aany to make, execute, seal, acImMEte and deliver as surety ary and all undemkirgs, bonds, reccgrizances and other surety Ouigations. Authorization - By u rwn imus cam erit of thhe Col-parys Board of Directots, tie Comlxnry consents that facsirrile or rrecharicaIly reproAxed signature of any assistant secretary of the Corrliany, Wxrewr appealing upon a ceittfied coW of any planer of attrxrrey issued by the Company in connection With surety bar&, shall be valid and birdrg Lipon tie CwWry with the same brce and effect as thooh imrwIly affixed t Renee C. LlevlellyR the undersigned Assistant Secretary, The Ohio Casually Insurance Company, Liberty M izl insurance Company, and West American Isurance Company do hereby certify that the original pow of attorney of vthich the b%oirg is a fUL true and coned copy of the P'Wff Of Attorney exec tiled by said Cahpanies, is in fill face and effect and has not been revoked. IN TE STPADW WHEREOF, I have hereunto set rry hand and affixed the seals of said Co rparies this 2nd day of February , 2021 . P41Nsu/" �L�Y WS4, 1NSr1R? jr�pP+ nk9r�o�•� � aroaaarrtrfi�9n � P `�ys'o`zjr�ynl 1912 a 1919 1991 n ¢m p 4 P 7 *uh as s� yOfAM0 �aa� �S�'aolnxPNaa� By ReneeC. t ev<e SecretaryAssistant M r LMS-12673 LMIC OCIC WAIC Mull Ca h2/19 Page 3 ■�, ay C .y _H W 7.E 117 � 00 C cc 3E M o N o C � o� >o c cN �o E cV M C 00 ❑o ❑C9 Back to Agenda EXHIBIT A L1 COST ESTIMATE STATUS: PH. 1 ONSITE LANDSCAPING PROJECT: STETSON HEIGHTS PH.1 ONSITE IMPROVEMENTS LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 1/19/2021 ITEM EST. UNIT UNIT TOTAL NO. DESCRIPTION OTY. MEAS. PRICE COST 1 PLANTER TOPSOIL(TREE PITS AND 2,147 CY $50.00 $107,350.00 347987 SF OPEN SPACE HYDRO SEED AREAS 2" DEPTH)' 2 MULCH CEDAR GROVE - (3" THICK) 15 CY $50.00 $750,00 TREE PITS' 3 PLANT MATERIAL - TREES - 2.5" 70 EA $425.00 $29,750.00 STREET TREES PH i (INC 3 ARTERIAL TREES)' 4 PLANT MATERIAL • TREES - 1.5" 68 EA $300.00 $20,400.00 STREET TREES PH 1' 5 PLANT MATERIAL - TREES - 28 EA $50.00 $1,400.00 SEEDLINGS (ACM, PIC, ARB, PSM)' 6 SITE FURNITURE - PICNIC TABLE AND 1 EA $4,000.00 $4,000,00 16 DIS. HOG FEUL AREA' 7 SOFT TRAILS - HOG FUEL PATHWAY 9,220 SF $1.00 $9,220.00 (3,659LF X 5-WIDE)' 8 HYDROSEED LAWN' 347,967 SF $0.05 $17,399.35 9 INVASIVE SPECIES REMOVAL" 1 LS $22,000.00 $22,000.00 10 INVASIVE SPECIES REMOVAL (ANNUAL 2 ANNUAL $7,500.00 $15,000.00 MAINTENANCE FOR 2-YEARS POST CONSTRUCTION)• 11 EOUIPMENT, MATERIALS & 5% OF ITEMS ABOVE $11,363.47 INSTALLATION COST: OH (5%)" 12 ENGINEERING & SURVEY SUPPORT 1 LS $5,000.00 $5.000.00 13 MOBILIZATION 1 LS $3,000.00 $3,000.00 TOTAL CONSTRUCTION COSTS $246,632.82 BOND AMOUNT ® 160% $369,949.23 'COST ESTIMATE FROM NATURE BY DESIGN Page 399 of 440 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS (Note: City must receive the two years Maintenance/Warranty Bond prior to releasing Performance Bond) PROJECT or PERMIT # CONTRACT # SURETY BOND #: 023216758 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 1 Owner/Developer/Contractor: Active Constriction Inc. (ACI) On -site Improvements — P1, associated with Tax Parcel Nos. 102301-4-062-2003, Project Location: 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002 KNOW ALL PERSONS BY THESE PRESENTS: That we, Active Construction, Inc. (hereinafter called the "Principal"), and Liberty Mutual Insurance Company a corporation organized under the laws of the State of Massachusetts , 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 One Million, One Hundred Fifty Eight Thousand. Nine Hundred and Seventy Six Dollars and Fifty Cents ($1,158,976.50), 150% of the total construction amount for the items listed below for Private Developers, lawful money of the United States of America, for the payment of which stun 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, in conjunction with the Owners, Stetson Heights, LLC, have applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU20-PLAT FINAL- 02, for a project known as Stetson Heights, Phase 1 located at A portion of the NW ''/4, NW '/4 & SE '/4 of the SW '/4 and of the NW '/4 & SW '/4 of the SE '/4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 102301-4-062-2003, 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the City's approval requires that the improvements are to be made or constructed by the date set out herein, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: Page 1 of 6 Performance Bond — P1— Stetson Heights Page 400 of 440 Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above -referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by October 1, 2022, unless an extension is granted by the City. 4. The Principal must have paid all stuns owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. 5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. 6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defects) in any of the workmanship entering into any part of the work or designated equipment covered by this Bond between the Principal and the City. Once the work has been completed and accepted by the City, and all other conditions of this Bond have been satisfied, this Performance bond will be released and replaced with a two (2) year Maintenance Bond, not to exceed the sum of One Hundred Fifty Four Thousand, Five Hundred and Thirty Dollars and Twen!y Cents ($154,530.20), 20% of the total contract amount. This hold harmless and indemnification agreement shall survive the expiration of this Bond. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. Page 2 of 6 Performance Bond — P1— Stetson Heights Page 401 of 440 Back to Agenda 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Ex iru ation. This bond shall remain in full force and effect until the obligations secured hereby have been fully performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 3 of 6 Performance Bond — P1— Stetson Heights Page 402 of 440 Back to Agenda DATED this 2nd day of February , 20 21 SURETY COMPANY (Signature st be notarized) By. Its Attorney -in -Fact Print Name: �I�aIli Albers Business Name: Liberty Mutual Insurance Company Business Address: 1001 4th Avenue, Suite 3700 City/State/Zip Code: Seattle, WA 98154 Telephone Number: 206-473-3788 PRINCIPAL (Signat re must be notarized) By: Its _ Vice WeAt hers Print Name: Scb'��4— MprSe Business Name: Active Construction, Inc. Business Address: P. O. Box 430 City/State/Zip Code: Puyallup, WA 98371 Telephone Number: 253-248-1091 CITY OF PORT ORCHARD ACCEPTED DATE: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Performance Bond —Pl—Stetson Heights Page 403 of 440 Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) ss. COUNTY OF ) I certify that I know or have satisfactory evidence that person who appeared before me, and said person acknov acknowledged it to be (his/her) free and voluntary act foktl FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) ss. COUNTY OF filet f Q ) is the 0g6d"that (he/she) signed this instrument, and uses and purposes mentioned in the instrument. Dated: signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: I certify that I know or have satisfactory evidence that SaA+ Merse is the person who appeared before me, and said person acknowledged as the Vf Ce—presi ��n- - of C i\e°, CAA rlu ' ovi &-. that (he/she) signed this instrument, on oath stated that (he/thc� was authorized to execute the instrument and acknowledged it to be (his/4w) free and voluntary act for the uses and purposes mentioned in the instrument. =- \ 0TARk ; O iQ : •4— ;sZ 1�` t C�� • •MAXIM• ►. ui"01 •� NOTARY PUBLIC in and for the State of Washington, residing at: — V.I Qf`M , 114.* Page 5 of 6 Performance Bond — P1— Stetson Heights Page 404 of 440 Back to Agenda My Conmussion expires: FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF PIERCE I certify that I know or have satisfactory evidence that Holli Albers is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact of Liberty Mutual Insurance Company that (he/she) signed this 'instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. ®� Dated: February 2, 2021 C S �1 l �IOA�� ems0.� �i signature �10TARy ; 0 � Karen C. Swanson, Notary Public se ; : Z r 00 print name 4O (p Pu; do='o� NOTARY PUBLIC in and for the ,It op State of Washington, residing W�SN' at: Tacoma, Washington My Commission expires: 11/20/2021 Page 6 of 6 Performance Bond — PS — Stetson Heights Page 405 of 440 This Power of Attorney limits the acts of those named herein, and they have no authority to Back to Agenda bind the Con-pany except in the manner and to the extent herein stated. Liberty Mutual® SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate Nor 8204061 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duty organized under the laws of the State of New Hanpshtire, that Liberty M Wl Insurance Conpary is a corporation duly organized underthe laws of the State of Massachusetts, and West American Irsuance CorrWry is a corporation duly organized uunder the laws of the State of Mara (herein collectively called the )Companies), pursuart to and by authorityherein set forth does hereby narre, constitute and appoint AIiceonA. Keltner, AlyssaJ. Lopez, Amelia G. BUmiII, Annelies M. Richie, Brandon K. Bush, Brent E. Heilesen, Carley Espiritu, Christopher Kinyon, Cynthia L. Jay, Diane M. Hardin Edward Sims, Eric A. Zimmerman, Erica E. Moslev. Heather L. Allen, Holli Albers. IacobT. Haddock, lames B. Binder, Jamie L. Maraues, all or the city at Tacoma state of WA each trKilndually it there be rrore Van one narrlK its true and lawful attorney -in -tact to make, execute, seal, acknoWedge a iver a on its behalf as suretyand as Its act -a- ary and all undertakings, bads, recogrrzances and other surety obligations, in pursuance of these presents and shall be as binding upon the CoMmnies as if they have been duly signed bj the president and attested by the secretary of the Corrlanies in their awn proper persons. IN WITNESS WHE REOF, this Power of Attrrney has been subscribed by an authorized officer or official of the Con -panties and the corporate seals of the Corrpanties have been affixed thereto this 28th day of j ul y , 2020 . to v C ra State ofPENNSYLVANIA bi Courtly of MONTGOME RY Liberty M Wal Insurance Company INS(o STY INS&q a INS11,0 The Ohio Casualty InsuanceC(ripary J ?`oaPoeATQ'4yOca �J2ooavo,tyro'9yc' 2ooaPorrAro�L�ea WestArrelicanInsurarceCorpary 1912 0 y 1919 o s 1991 0 d�B sAre" `'.da yOJMAMPS�`,dD v's �NOIANO' .aa B`�` �� * *� bl * *� dyt * ►� y: naxmm raronr n«iclartcrrrrtary N rn N C y 7 -Q .; ' O n this 28th day of j my 2020 before me personally appeared David M Carter, Who acknatnledged himself to be the Assistant Secretary of Liberty M A Insurance -i; Company, T eW—Ohio Casua C� ompary, and American Insurance Corrpary, and that he, as such being authorized so to do, execute the foregoing instrument for the purposes f ( i therein contained bj signing on behalf of the corporations by himself as a duly authorzed officer. 1 V W xv C'(A o yO C r6 >r a) -1 i L�'.i�� I- 4W oIM >c ai o� Z v IN WITNESS WHEREOF, I have hereunto subscribed ny name and affixed rry notarial seal at King of Prussia, Pennsylvania, on the day and year first above written 5p, PAST F{ COMMONWEALTH OF PENNSYLVANIA �poNwF e4- , 9�% �.y Notarial Seal OF Teresa Pastella, Notary Public v Upper MerionTwp., Montgomery County By: y�NgyINP4 My Commission Expires March 28, 2021 Teresa Pastella, Notary Public Member, Pennsylvania Association of Notaries This Parer of Attorney is made and executed pursuant m and by authority of the following By -lams and Audlorizations of The Ohio Casualty Insurance Corrpary, Liberty MAial Insurance Conrpary, and West American Insurance Corrpanywlich resolutions are nowin full force and effect reading as fullcm: ARTICLE IV ' OFFICERS: Section 12 Pa erofAttoney. Any officer or other official of the Corporation authorized for that purpose in writing by the ChainTem or the President and subject to such lirritdtion as the Chairman or the President may prescribe, shall appoint such allna-eys-iri-fact as may be necessary to act in behalf of the Corporation to make, execute, seal, acla-tMedge and deliver as surety any and all uunderraldrgs, bards, reccgnizarces and other surety obligations. S uch attorneys -in -fact; subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corporation by their signature and execution of ary such intstruTerts and to attach thereto the seal of the Corporation When so executed such insmrrtents shall be as binding as if signed by the President aril attested to by the Secretary. Any paver or authority granted to ary representative or attorney -in -fact under the provisions of this article n-ey be revoked at ary time by the Board, the Chairrren, the President or by the officer or officers grantirg such parer or authority. ARTICLE X1II - Execution of Contracts: Section 5. Surety Borxis and Undertakings. Any officer of the Corpary authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-infact; as may be necessary to act in behalf of the Cotpany to make, execute, seal, ack noWedge and deliver as suety ary and all udertaldngs, bords, recognizances and other suety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Compary by their signature and execution of ary such instrurera and to attach thereto the seal of the Corrpany. When so executed such insbrurents shall be as binding as if signed �( the president and attested �f the secretary. Certificate of Designation - The President ofthe Company, acting pusuart to the Bylaws ofthe Conpary, authorizes David M Carey, Assistant Secretary to appoint such atto meys-in- fact as may be necessary to act on behalf of the Corrpary to hake, execute, seal, acknowledge and deliver as suety ary and all uldertaldrgs, bords, reccgnizances and Other surety obligation. Authorization - By unaninrros consent ofthe CorrWrry s Board of Directors, the Conpary consents that facsimile or mechanically reproduced signature of arry assistant secretary of the CoMmry, wherever appearing upon a certified copy of any power of attorney issued by the Corrpary in connection with suety bards, shall be valid and binding upon the Company with the sarre force and effect as though manually affixed 1, Renee C. Llewellyn, the undersigned Assistant Secretary, The Ohio Casualty Insurance Corryiany, Liberty MA.ial Insurance Corpary, and West American Insurance Corrpary do hereby certify that the original power of attorney of which the foregoing is a fur dl, more and correct copy of the Paler of Attorney executed bar said Corpanties, is in fill force and effect and has not been revoked. INTESTIM WWHEREOF, Ihave htereur-Mset rryhand and affixed the seals of said Corrpaniesthis 2nd dayof February , 2021 . 1NSU'0 gJp °oar0Ryroy�co 3 F 1912 0 �u19SSAcr{us��.d2� LMS-12873 LMIC OCIC WAIC Multi Co 12/19 �11Y INS& INS(j'0 rtq��y� �J=o0avo4ToQ92n `V 2`oaP0 0: odor 0 1919 0 S 2 o 2 1991 0 Q o �40 O '`/AM45�,aa� Y, �NDIANP ,da3 Page 4 By: Renee C. L ewe Assistant S ecrewry 0 M d C W E M O O CID a� a� a> .n 0 v N N M 00 O CID Back to Agenda P1 COST ESTIMATE STATUS: PUBLIC WORKS COMPLETION - GENERAL PROJECT: STETSON HEIGHTS PH. 1 IMPROVEMENTS LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 1 /21 /2021 ITEM EST. UNIT NO. DESCRIPTION CITY. MEAS. 1 FINAL ASPHALT 2" OVERLAY* 2000 CY 2 STREET SIGNAGE 12 EA 3 PAVEMENT STRIPING 1 LS 4 WET POND PLANTINGS 4854 EA 5 MOBILIZATION 1 LS 6 NO PARKING/FIRE LANE SIGNS 90 EA 7 ONGONING MAINTENANCE OF 1 LS EROSION CONTROL 8 ENGINEERING & SURVEY SUPPORT 1 LS 9 SUS STOP 1 LS 10 STORMWATER TREATMENT FOR 24 MTH PONDS 1 & 4 ($10,000 PER MONTH PER POND, 2 PONDS) 11 REPLACE BASE OF CONTROL 1 LS STRUCTURE IN POND 4 TOTAL CONSTRUCTION COSTS BOND AMOUNT @ 150% *COST ESTIMATE FROM ACI EXHIBIT A UNIT PRICE $85.00 $1,000.00 $15,000.00 $6.50 $5,000.00 $250.00 $20,000.00 $7, 500.00 $300.00 $20,000.00 $8,800.00 TOTAL COST $170,000.00 $12,000.00 $15,000.00 $31,551.00 $5,000.00 $22,500.00 $20,000.00 $7,500.00 $300.00 $480,000.00 $8,800.00 $772,661.00 $1,168,976.50 Page 407 of 440 Back to Agenda CITY OF PORT ORCHARD PERFORMANCE BOND FOR PRIVATE SECTOR PROJECTS PROJECT or PERMIT # CONTRACT # SURETY BOND #: 023216780 DATE ACCEPTED: PROJECT COMPLETION DATE: RE: Project Name: Stetson Heights, Phase 1 Owner/Developer/Contractor: Active Constriction Inc. (ACI) On -site Improvements — S 1, survey work associated with Tax Parcel Nos. 102301- Project Location: 4-062-2003, 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002 KNOW ALL PERSONS BY THESE PRESENTS: That we, Active Construction, Inc. (hereinafter called the 'Principal'), and Liberty Mutual Insurance Company a corporation organized under the laws of the State of Massachusetts , 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 surn of Twenty Eight Thousand, Five Hundred Dollars and No Cents (28 500), 150% of the total construction amount for the items listed below for Private Developers, lawful money of the United States of America, for the payment of which sum we and each of us bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents. THE CONDITIONS of the above obligation are such that: WHEREAS, the above named Principal, in conjunction with the Owners, Stetson Heights, LLC, have applied for, or received, approval by the City of a Final Plat, pursuant to City File No. LU20-PLAT FINAL- 02, for a project known as Stetson Heights, Phase 1 located at A portion of the NW ''/4, NW '/4 & SE '/4 of the SW '/4 and of the NW 1/4 & SW '/4 of the SE 1/4, all in Section 10, Township 23 North, Range 1 East of the Willamette Meridian, City of Port Orchard, Kitsap County, Washington, Kitsap County Tax Parcel Nos. 1023014-062-2003, 102301-3-022-2004, 102301-3-023-2003, and 102301-3-024-2002; and WHEREAS, as a condition of such approval by the City, Principal is required to complete the following work and install certain improvements described herein; and WHEREAS, the City's approval requires that these certain improvements be made as part of the project; and that such improvements be constructed in full compliance with City standards, and the plans and specifications as required by the City; and WHEREAS, the City's approval requires that the improvements are to be made or constructed by the date set out herein, unless an extension is granted in writing by the City; and NOW, THEREFORE, it is understood and agreed that this obligation shall continue in effect until released in writing by the City of Port Orchard, but only after the Principal has performed and satisfied the following conditions: Page 1 of 6 Performance Bond — S1— Stetson Heights Page 408 of 440 Back to Agenda A. Conditions. 1. The improvements to be constructed by the Principal include the survey work set out on Exhibit A hereto, which is adopted herein by this reference. 2. The Principal must obtain all necessary access rights/permits, and construct the improvements to conform to the design, location, materials and other specifications for the indicated site improvements, as required by the City in the above -referenced project. In addition, the Principal must construct the improvements according to the applicable ordinances and standards of the City and/or state statutes, as the same now exist or are hereafter amended. 3. The Principal must have completed all improvements required by the above -referenced conditions, plans and City file by October 1, 2022, unless an extension is granted by the City. 4. The Principal must have paid all sums owing to laborers, contractors, mechanics, subcontractors, material -men and suppliers or others as a result of such work for which a lien against any City property has arisen or may arise. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claim for such payment. 5. The Principal must obtain acceptance by the City of the work completed, all on or before thirty (30) days after the completion date set forth in Section A(3) above. 6. The Principal shall indemnify and hold harmless the City of Port Orchard, its officers, officials and agents from any claims relating to defect(s) in any of the workmanship entering into any part of the work or designated equipment covered by this Bond between the Principal and the City. B. Default. 1. If the Principal defaults and does not perform the above conditions within the time specified, then the Surety shall, within twenty (20) days of demand of the City, make a written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as determined by the City, for the City to remedy the default, up to the total bond amount. Upon completion of the Surety's duties under either of the options above, the Surety shall then have fulfilled its obligations under this bond. If the Surety elects to fulfill its obligation pursuant to the requirements of subsection B(1)(b), the City shall notify the Surety of the actual cost of the remedy, upon completion of the remedy. The City's actual costs and the Bond limit applicable thereto shall be based on the total amount of the Bond and shall not be limited by the unit price or itemized costs shown on Exhibit A hereto. The City shall return, without interest, any overpayment made by the Surety, and the Surety shall pay to the City any actual costs, which exceeded the City's estimate, limited to the bond amount. 2. In the event the Principal fails to complete all of the above referenced improvements within the time period specified by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of completing the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to complete such improvements. Page 2 of 6 Performance Bond — S1— Stetson Heights Page 409 of 440 Back to Agenda C. Corrections. Any corrections required by the City shall be commenced within seven (7) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action under this Bond as described in Section B above. D. Extensions and Changes. No change, extension of time, alteration or addition to the terms of the contract or to the work to be performed by the Principal or the specifications accompanying the same shall in any way affect the obligation of the Principal or Surety on this bond, unless the City specifically agrees, in writing, to such alteration, addition, extension or change. The Surety waives notice of any such change, extension, alteration or addition thereunder. The Surety hereby agrees that modifications and changes may be made in the terms and provisions of the aforesaid contract without notice to Surety and any such modifications or changes increasing the total amount to be paid the Principal shall automatically increase the obligation on this Performance Bond in a like amount. E. Enforcement. It is specifically agreed by and between the parties that in the event any legal action must be taken to enforce the provisions of this bond or to collect said bond, the prevailing party shall be entitled to collect its costs and reasonable attorney fees as a part of the reasonable costs of securing the obligation hereunder. In the event of settlement or resolution of these issues prior to the filing of any suit, the actual costs incurred by the City, including reasonable attorney fees, shall be considered a part of the obligation hereunder secured. Said costs and reasonable legal fees shall be recoverable by the prevailing party, not only from the proceeds of this bond, but also over and above said bond as a part of any recovery (including recovery on the bond) in any judicial proceeding. The Surety hereby agrees that this Agreement shall be governed by the laws of the State of Washington. Venue of any litigation arising out of this Agreement shall be in Kitsap County Superior Court. F. Bond Expiration. This bond shall remain in full force and effect until the obligations secured hereby have been fiilly performed and a Maintenance Bond as described in Section A(6) of this Bond has been submitted to the City, in a form suitable to the City and until released in writing by the City. Page 3 of 6 Performance Bond —S1—Stetson Heights Page 410 of 440 Back to Agenda DATED this 2nd day of SURETY COMPANY (Signature t be notarized) By:��-6n� Its Attorney -in -Fact Februa Print Name: i-Inlli Albers Business Name: Liberty Mutual Insurance Company Business Address: 1001 4th Avenue, Suite 3700 City/State/zip Code: Seattle, WA 98154 Telephone Number: 206-473-3788 20 21 . PRINCIPAL (Signatu must be notarized) By: Its V (ee- ares,; AilaA �- Print Name: SLC+� %sCSe— Business Name: Active Construction, Inc. Business Address: P. O. Box 430 City/State/Zip Code: Puyallup, WA 98371 Telephone Nwnber: 253-248-1091 CITY OF PORT ORCHARD ACCEPTED DATE: PRINTED NAME: MARK DORSEY, P.E. ITS: CITY ENGINEER BUSINESS NAME: CITY OF PORT ORCHARD ADDRESS: 216 PROSPECT STREET CITY/STATE/ZIP: PORT ORCHARD, WA 98366 PHONE NUMBER: 360-876-4991 Page 4 of 6 Performance Bond —S1—Stetson Heights Page 411 of 440 Back to Agenda FORM P-1 NOTARY BLOCK (Use for Individual/Sole Proprietor Only) STATE OF WASHINGTON ) SS. COUNTY OF ) I certify that I know or have satisfactory evidence person who appeared before me, and said person a acknowledged it to be (his/her) free and volunta ct FORM P-2 NOTARY BLOCK (Use for Partnership or Corporation Only) STATE OF WASHINGTON ) 5s. COUNTY OF 'Piei(0e ) is the that (he/she) signed this instrument, and for the uses and purposes mentioned in the instrument. Dated: Signature print name NOTARY PUBLIC in and for the State of Washington, residing at: My Commission expires: 1 certify that I know or have satisfactory evidence that Sum, Amse— is the person who appeared before me, and said person acknowledged as the Vf CC of&r 47�j vP 0t AIC4-ilY.tC--i a✓l1CY=. that (he/ signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/. w) free and voluntary act for the uses and purposes mentioned in the instrument. !. �iil11 i ��OWE NOTARY PUBLIC in and for the State of Washington, residing at: f nk ewe IkA Page 5 of 6 Performance Bond — SS — Stetson Heights Page 412 of 440 Back to Agenda FORM P-3 NOTARY BLOCK (Use for Surety Company Only) STATE OF WASHINGTON ) ss. COUNTY OF PIERCE ) I certify that I know or have satisfactory evidence that My Commission expires: Holli Albers is the person who appeared before me, and said person acknowledged as the Attorney -in -Fact of Liberty Mutual Insurance Company that (he/she) signed this instrument, on oath stated that (he/she) was authorized to execute the instrument and acknowledged it to be (his/her) free and voluntary act for the uses and purposes mentioned in the instrument. `ay 1 e p0 Dated: February 2, 2021 G� ASS ON `!1 " �0*' v �� 0 " �" r � ��, ^ R 1is Io,�,v� I� � q% tt ' `��M�/ signatnre ; 00I Karen C. Swanson, Notary Public N'4 PUB03 m =a print name �" °`° z ° 1"'®C,`�+ � NOTARY PUBLIC in and for the WASH`e'' e� State of Washington, residing at: Tacoma, Washington My Commission expires: 11/20/2021 Page 6 of 6 Performance Bond —S1—Stetson Heights Page 413 of 440 This Power of Attorney limits the acts of those named herein, and they have no authority to Back to Agenda bind the Conpary except in the manner and to the extent herein stated. Liberty Mutual® SURETY Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY Certificate Na 8204061 - 023049 KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Conpary is a corporation duly organized under the lave of the State of New Hampshire, that Liberty Mutual Insurance Conpary is a corporation duly organized tnderthe laws of the State of Massachusetts, and West Arnerican Insurance Corrpary is a corporation duly organized under the laws of the State of Indiana (herein collectively called the rorrpanies), pursuant to and by authority herein set fort, does hereby name, constitt.xe and appoint; AIiceonA. Keltner, AlyssaJ. Lopez, Amelia G. Bum ll, Annelies M. Richie, Brandon K. Bush, Brent E. Heilesen, Carley Espiritu, Christopher Kinyon, Cynthia L. Jay, all of the city of Tacoma state Of WA each individually if there be mxe than one named its true and lawfil atbonwin-fact to wake, execute, seal, ac a and fiver, a on fts behalf as surety and as its act a any and all undertakirgs, bards, recogrizances and other surety obligations, in pursuance of these presents and shall be as binding Leon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their awn proper persors. IN WITNESS WHE REOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto this 28th day of July , 2020 . !n 4J cate: State of PENNSYLVANIA M Courlty of MIONTGOW RY Liberty Ml O Insurance Corrpary INSUR �tv INSU,p� �, tNsu,gq The Ohio Casualty IrsuxarxeCorrpary j=GORPORyro9y0m �J2GORPoRyrogyc' �P2oRPo�TeyOto West American Insurance Conpary LU 1912y0 oU 1919 n 1991 0 �d� ssgcNus,da y0 DNA rePs��,db ls �NDIANP .da3 sh ,► t�`' �h'1 * rN ''M * >,� By. David M Caney, Assistant Secretary onthis 28th day of j UI y 2020 before me personally appeared David M Carey, who ackrnnledged himseff ip be the Assistant Secretary of liberty Mutual Insurane ComparryT hio Casualty Company, and West American Insurance Company, and that he, as such beirg authorized so tip dq execute the foregoing instrurent for the purposes ii; � � the contained bar signing on behalf of the corporations by himself as a duly authorized officer. 0 W a' M IN WITNESS WHE REOF, I have hereunto subscribed my name and affixed rry notarial seal at King of Prt.ssia, Pennsylvania, on the day aril year first above Written e.2 0 wQV NW aP<< COMMONWEALTH OF PENNSYLVANIA p Notarial Seal QF Z Y O � � 6 Teresa Pastella, Notary Public 0 Upper MerionTwp., Montgomery County By: 3 My Commission Expires March 28, 2021 Teresa Pastella, Notary Public vRWY Member, Pennsylvania Association of Notaries This Parer of Attorney is made and executed putsttartt to and by authority of the folloWrg By -laves and Authorizations of The Ohio Casualty Insurance Conpary, Liberty M Ial Insurance Compary, and West American Insurance Conpary which resoluticrs are now in full farce and effect rearing as follows: oARTICLE N " OFFICERS: Section 12. PomrofAtbomey. Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President; and subject to such limitation as the Chain an or the U President may prescribe, shall appoint such athorneys-in-fact as may be necessary to act in behalf of the Corporation to rrake, execute, seal, acknowledge and deliver as surety any and all urdertaldrgs, bonds, recognizances and other surety obligations. Such attorneys-irt-fact subject to the limitations set forth in their respective powers ofa", shall o have full power to bird the Corporation by their signature and execution of any such instru nits and to attach thereto the seal of the Corporation Whert so executed suet z v instruhr is shall be as binding as if signed by the President and attested to by the Secretary. Arty power or authority granted to any representative or attorney -in -fact under the prarisiom of this article rray be revolted atary tirre bythe Board, the Chairman, the President or by the officer or officers grarbrg such powercrauthority. ARTICLE XIII - Execution of Contracts: Section 5. Surety Bonds and Undertakirgs. Any officer of the Company authorized for that purpose in writing by the chairman or the president and subject to such limitations as the chairman or tie president may prescribe,', shall appoint such attorneys -in -fact as may be necessary tro act in behalf of the Corrpary to make, execute, seal, aclvhoWedge and deliver as surety any and all urhdertaldrgs,' bonds, reccgnizances and other surety obligations. Such attorneys-in•fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Corrpary by their signature and execution of any such instruments and to attach thereto the seal of the Corrpary. When so executed such irsttunerhts shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation - The President of the Corrpany, acting pi-nuartt to the Bylaws of the Compary, authorizes David M Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Conpary to make, execute, seal, acknMege and deliver as surety ary and all uidertaldrgs, bonds, reccgrizances and other surety obligations. Authorization - By unanirro us consent of the Corrparys Board of Directors, the Compary consents that facsimile or mechanically reproduced signature of any assistant secretary of the Conpary, wherever appearing upon a certified copy of any power of attorney issued by the Carpany in connection with surety bong, shall be valid and binding upon the Conpary with the same force and effect as though i ranually affixed t Renee C. Llewellyn, the undersigned Assistant Secretary, The Ohio Casualty Insurance Coapary, Liberty Modal Insurance Corrpany, and West Arnerican Irstrance Carpamy do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Parer- of Attorney executed by said Companies, is in fill face and effect and has not been revoked. IN TEST=Ny WHEREOF, I have hereLM set rry hand and affixed the seals of said Companies this 2nd day of February , 2021 . hNS(/R �Jv INSG %NSUR JP°oRPD/�yroLOtn QJP°DRPONrF' Qyyf' 4?oRPoN>"XOtl� 191 0 0 2 1919 o a 1991 0 Y v Fy 3 i a- �Jl SS4CHUgR .aa NAMP`'aa �s �NDIANP da LMS-12873 LMIC OCIC WAiC Mulfi Co_12/19 Page 4 By: " r: Renee C. L ewellyR Assistant Secretary 0 M 'd C 1 p En o r— CID o a0i D � ra -Q >o N �o E CM c °O 00 U .- 0 �? Back to Agenda si COST ESTIMATE STATUS: SURVEY BOND AMOUNT PROJECT: STETSON HEIGHTS PH. 1 IMPROVEMENTS LOCATION: CITY OF PORT ORCHARD ENGINEER: GRANT J. MIDDLETON, P.E. DATE: 1/1912021 ITEM EST. UNIT NO. DESCRIPTION OTY. MEAS. 1 PHASE 1 PLAT MONUMENTATION 2 STAMP MONUMENTS TOTAL CONSTRUCTION COSTS BOND AMOUNT en 160% LS LS EXHIBIT A UNIT TOTAL PRICE COST $17,000.00 $17,000.00 $2,000.00 $2,000.00 $19,000.00 $28,S00.00 Page 415 of 440 Back to Agenda 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: February 9, 2021 Subject: Adoption of a Resolution Adopting a Prepared by: Robert Putaansuu Donation Policy Mayor Atty Routing No: N/A Atty Review Date: N/A Summary: The City receives requests from citizens wanting to donate memorial benches. Last year, Councilmember Ashby noted it may be a good idea for the City to have a donation policy. A red -line policy was brought before Council during the January 26, 2021, City Council meeting for review and discussion. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends that adoption of a resolution approving the City's donation policy as presented. Motion for Consideration: I move to adopt a resolution approving the City's donation policy as presented. Fiscal Impact: N/A Alternative: Not adopt resolution. Attachment: Resolution and donation policy (red -line and final). Page 416 of 440 Back to Agenda RESOLUTION NO. A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, SETTING POLICY FOR DONATIONS OF PUBLIC SPACE ACCESSORIES. WHEREAS, the City has received requests from citizens wanting to donate accessories, including benches, bike racks and similar items, for installation in public spaces; and WHEREAS, the City Council desires to create a policy to standardize these types of donations, and a procedure for receiving donations for city public space accessories; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES FIX-11TOIKOITI JI-Is THAT: The Donation Policy for Public Spaces Accessories attached hereto as Exhibit A are hereby approved and adopted as the City's official donation policy for public spaces THAT: This 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 91" day of February 2021. ATTEST: Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 417 of 440 Back to Agenda , IkV99]2as] :ito] :TO:/_1*MD DONATION POLICY FOR PUBLIC SPACES ACCESSORIES The purpose of this policy is to establish guidelines, standards and procedures for the installation and care of donated public improvements for installation in the City's parks and other public spaces, either as a result of a cash or physical property donation. These donations may include, but are not limited to, benches, bicycle racks, picnic tables, drinking fountains, and other types of public space accessories. This policy does not apply to buildings, land, or naming rights. This policy does not apply to other forms of donations to the City not expressly set out in this policy. The City desires to encourage donations of accessories for the City's public spaces, while at the same time, manage aesthetic impacts and mitigate on -going maintenance costs. The City strongly encourages donations that improve the public space ability to meet the varied recreational, social, wellness, and educational needs of users. Guidelines established by this policy will apply to all donations of public space accessories made after the effective date of this policy. Donations of public space accessories made prior to the adoption of this policy shall be subject to applicable sections of this policy. STANDARDS FOR DONATIONS DEFINITIONS OF NEW DONATIONS: New donations are those made after the adoption date of this policy. ACQUISITION OR PURCHASE: The City and the community have an interest in ensuring that public space elements that are purchased and installed be of high quality related to style, appearance, durability, and ease of maintenance. City staff will be responsible for coordinating purchases and installations of all public space elements unless a mutual aereement foralternative coordination has been reached with the donor. APPEARANCE AND AESTHETICS: The City and the community have an interest in ensuring the best appearance and aesthetic quality of their public facilities. Public space elements should reflect the character of the space or facility. City staff shall review all proposed 1 Page 418 of 440 Back to Agenda donations against the City's public works standards and the standards set out in this policy prior to submitting the donation for approval by the Public Works Director or City Council (where applicable). All public space elements will be installed by City staff in such a manner that will not substantially change the character of a facility or its intended use. MAINTENANCE: Donated public space elements will become City property once installed and/or permanently placed in the mutually agreed upon location. Accordingly, the City has the duty to provide only routine maintenance and repair of the donation for up to five years post signed donation policy agreement. Within the five-year period, the City is not obligated to replace the gift or public space improvement if it is stolen, vandalized, worn out, irreparably damaged, destroyed or expires. PUBLIC SPACE ACCESSORIES: Donated public space accessories may include, but are not limited to, benches, bicycle racks, picnic tables, drinking fountains and similar public space accessories. The donated items must conform with the City's public works standards and the standards set out in this policy. REPAIR: The community has an interest in ensuring that all public space elements remain in good repair. In addition, the community has an interest in ensuring that the short and long-term repair costs are reasonable. Repair parts and materials must be readily available. Donated public space elements must be of high quality to ensure longevity, be resistant to the elements, wear, and tear, and acts of vandalism. COST: The City has an interest in ensuring that the donor covers the full cost for the purchase; in-stall-a+i and maintenance during the expected life cycle of donated public space elements. The City also has an interest in ensuring that on -going maintenance costs do not negatively impact the resources available for maintenance of other City facilities. Consequently, the City may require, at the time of donation, an additional amount sufficient to cover anticipated on -going maintenance of donated public space elements during their anticipated life cycle. PROCEDURE FOR MAKING DONATIONS The City's Public Works Department, in conjunction with the Finance Department, will manage all donations located on City property. The donor must contact the Public Works Director to determine whether a proposed donation of a public space accessory that is on the list of approved items (Appendix E}maintained by the Public Works department will be accepted, and any conditions of acceptance. If the donation is accepted, the donor will work with City staff to complete Donation Agreement (Append;), "' PA Page 419 of 440 Back to Agenda Donations of public space accessories (benches, tables, bicycle racks, drinking fountains and similar amenities) that are not on the Public Works' list of approved amenities (Appendix-@4 are discouraged, and will be reviewed by the Public Works Director prior to acceptance of the donations. Final approval will be granted by the City Council for the acceptance of all donations over $5,000 in value. CRITERIA FOR ACCEPTANCE Below are general donation guidelines. These guidelines are intended to be general in nature and do not serve as formal acceptance criteria. The City reserves the right to accept or deny any/all donations. GUIDELINES: All determinations will be based upon, but not limited to, the following guidelines: 1. Flowers, shrubs, bushes a. Donated plants become the exclusive property and maintenance responsibility of the City. b. Only those plantings that require a maintenance effort consistent with other plantings will be considered. c. Site preparation, installation and site restoration may be the responsibility of the City. d. Only perennial flowering plants will be permitted and incorporated in existing beds. e. The placement of plants will be based on the variety, color, mature height, size etc. Compatibility with surrounding areas will be a strong consideration for planted materials and their location. 2. Trees a. Donated trees become the exclusive property and maintenance responsibility of the City. b. Site preparation, installation, and site restoration may be the responsibility of the City. c. Tree placement/location will be based upon variety of tree selected, mature height, size etc. Compatibility with surrounding areas will be a strong consideration for trees and their location. d. Accordingly, the size and species of tree or trees donated shall be limited to those determined by the City. 3 Page 420 of 440 Back to Agenda 3. Signage a. Interpretive signs may be installed at sites that are appropriate for describing the history, geology, environment, and flora and fauna of a particular area. Interpretive signs shall be of a size that is in keeping with the character of the site. Interpretive signs shall be of a design that meets requirements for access to the disabled. Interpretive signs shall be designed in such a manner that is consistent with other interpretive signs on the site. Interpretive signs shall be constructed of materials that are of high quality, vandal resistant, and able to withstand harsh environmental conditions. b Denat;en Aekne,.,ledg,,Y,. entsWemorial Plaques: Donation acknowledgments will be determined by City staff. 4. Benches, Tables, Bicycle Racks, Drinking Fountains, and Other Amenities a. Donated benches become the exclusive property and maintenance responsibility of the City. b. Site preparation, installation, and site restoration will be the responsibility of the City. c. The amenity must be similar to or complement other amenities in the area. d. For McCormick Village Park and Downtown Waterfront locations, bench donations shall be located according to the map pFev+ded-in Appendix maintained by city staff. 5. Buildings, Structures, and Public Art a. Donated buildings, structures (including playgrounds) and public art are not considered as part of this policy. To accept a donation for a specific facility, the donation must 1) meet a true need of the facility, 2) not interfere with the intended current or future use of the facility and 3) not require the relocation of other equipment or infrastructure to accommodate the donation. The City reserves the right to deem a space and/or facility fully developed and reject the donation. CONDITIONS INSTALLATION: Installation of donated public space elements, including any donor acknowledgement, will be completed by City personnel, unless mutual agreement for other arraneements has been reached. The installation will be scheduled at a time and CI Page 421 of 440 Back to Agenda date as determined by Public Works opeFati rs -and MaiAt Rage^Department, so as not to unnecessarily interfere with routine maintenance activities. DONATION ACKNOWLEDGEMENTS/MEMORIAL PLAQUES: A donor may request a memorial plaque eF acknewlodgment be affixed to the donated public space accessory at the time the initial donation is submitted to the Public Works Director. Donation ael(newledgFneRt 4:R emorial plaques, including whether one will be affixed, the materials, the language of the acknowledgment/, and the location of the acknowledgement/_plaque, will be determined by City staff. The contents of the memorial plaque are government speech, and are subject to the City's sole discretion based on the City's evaluation of the honoree's service and/or relation to the community. REMOVALAND/OR RELOCATION: This section applies to both existing and new donations. The City reserves the right to remove and/or relocate donated public space elements and their associated signage, when they interfere with site safety, maintenance, or construction activities. Approved by the City Council on (INSERT DATE) Page 422 of 440 Back to Agenda Ag ..t Between City Of POFt Orchard a -Ad lneners' nlamel Se6tferr2I)e56FIpti6TrarrP_J Thl, itP_M : (de.-1 r;b,e1 Space er Caeility: L ato The City be for the itern, including shall respORSible mainte.n-ance ef any reasenable FepaiFS, and will have thp- H_.wr_r_-rp_tOA_.n te net replace and/er net repair the deemed damaged beyond denatien, if it is reasenable FepaiF and/E)F Feplacement, suffers repeated . I-,1.1,.,-,1,.,t Aef the i6te.,, . ill bee the City < disereti.,. at at sele Sest+enS. TeFFA. The initi-al te.p.m. of this AgFeement shall be five years. Following of the five yeaF ,t, Page 423 of 440 Back to Agenda SUI City of P r+Orchard DeneF 216 Drespec+ StFe t ^ems Pert C)rchaF I WA 98366 Page 424 of 440 ..-.� .. _ i� �,. .,`. . ��>»�i� i;JJ�!;!�� Back to Agenda Page 426 of 440 Back to Agenda ]0 Page 427 of 440 Back to Agenda 11 Page 428 of 440 Back to Agenda 12 Page 429 of 440 Back to Agenda 13 Page 430 of 440 Back to Agenda NATURE TRAIL \ -- OOOPLAY AREA ' G VLAY COVERED ' AREA PICNIC/� 1 Sr V' L / O COVERED '- l ! f MA 7U@f BPLA$N PICNIC �} /PEj"DEIDGE ® O TOPLAZA LT RESTROGM6 �r BRIDGE ii�— { I � � fl1ji ARV ' BIG TOT. PLAZA vb - PARKPNTRy �r O i PED�rRIAx 1 RIWE O NATU�Tklfl 1 10 r Legend 114 Proposed Bench Location e3L 1890 I Drawn By: II Ian Smith, PE �pJ�, McCormick Village Park August 19, 2026 QRCHARD • . Donated Bench Locations Date, Scale. NT6 14 Page 431 of 440 Back to Agenda , IkV99]2as] :ito] :TO:/_1*MD DONATION POLICY FOR PUBLIC SPACES ACCESSORIES The purpose of this policy is to establish guidelines, standards and procedures for the installation and care of donated public improvements for installation in the City's parks and other public spaces, either as a result of a cash or physical property donation. These donations may include, but are not limited to, benches, bicycle racks, picnic tables, drinking fountains, and other types of public space accessories. This policy does not apply to buildings, land, or naming rights. This policy does not apply to other forms of donations to the City not expressly set out in this policy. The City desires to encourage donations of accessories for the City's public spaces, while at the same time, manage aesthetic impacts and mitigate on -going maintenance costs. The City strongly encourages donations that improve the public space ability to meet the varied recreational, social, wellness, and educational needs of users. Guidelines established by this policy will apply to all donations of public space accessories made after the effective date of this policy. Donations of public space accessories made prior to the adoption of this policy shall be subject to applicable sections of this policy. STANDARDS FOR DONATIONS DEFINITIONS OF NEW DONATIONS: New donations are those made after the adoption date of this policy. ACQUISITION OR PURCHASE: The City and the community have an interest in ensuring that public space elements that are purchased and installed be of high quality related to style, appearance, durability, and ease of maintenance. City staff will be responsible for coordinating purchases and installations of all public space elements unless a mutual aereement foralternative coordination has been reached with the donor. APPEARANCE AND AESTHETICS: The City and the community have an interest in ensuring the best appearance and aesthetic quality of their public facilities. Public space elements should reflect the character of the space or facility. City staff shall review all proposed 1 Page 432 of 440 Back to Agenda donations against the City's public works standards and the standards set out in this policy prior to submitting the donation for approval by the Public Works Director or City Council (where applicable). All public space elements will be installed by City staff in such a manner that will not substantially change the character of a facility or its intended use. MAINTENANCE: Donated public space elements will become City property once installed and/or permanently placed in the mutually agreed upon location. Accordingly, the City has the duty to provide only routine maintenance and repair of the donation for up to five years post signed donation policy agreement. Within the five-year period, the City is not obligated to replace the gift or public space improvement if it is stolen, vandalized, worn out, irreparably damaged, destroyed or expires. PUBLIC SPACE ACCESSORIES: Donated public space accessories may include, but are not limited to, benches, bicycle racks, picnic tables, drinking fountains and similar public space accessories. The donated items must conform with the City's public works standards and the standards set out in this policy. REPAIR: The community has an interest in ensuring that all public space elements remain in good repair. In addition, the community has an interest in ensuring that the short and long-term repair costs are reasonable. Repair parts and materials must be readily available. Donated public space elements must be of high quality to ensure longevity, be resistant to the elements, wear, and tear, and acts of vandalism. COST: The City has an interest in ensuring that the donor covers the full cost for the purchase and maintenance during the expected life cycle of donated public space elements. The City also has an interest in ensuring that on -going maintenance costs do not negatively impact the resources available for maintenance of other City facilities. Consequently, the City may require, at the time of donation, an additional amount sufficient to cover anticipated on -going maintenance of donated public space elements during their anticipated life cycle. PROCEDURE FOR MAKING DONATIONS The City's Public Works Department, in conjunction with the Finance Department, will manage all donations located on City property. The donor must contact the Public Works Director to determine whether a proposed donation of a public space accessory that is on the list of approved items maintained by the Public Works department will be accepted, and any conditions of acceptance. If the donation is accepted, the donor will work with City staff to complete Donation Agreement. 2 Page 433 of 440 Back to Agenda Donations of public space accessories (benches, tables, bicycle racks, drinking fountains and similar amenities) that are not on the Public Works' list of approved amenities are discouraged, and will be reviewed by the Public Works Director prior to acceptance of the donations. Final approval will be granted by the City Council for the acceptance of all donations over $5,000 in value. CRITERIA FOR ACCEPTANCE Below are general donation guidelines. These guidelines are intended to be general in nature and do not serve as formal acceptance criteria. The City reserves the right to accept or deny any/all donations. GUIDELINES: All determinations will be based upon, but not limited to, the following guidelines: 1. Flowers, shrubs, bushes a. Donated plants become the exclusive property and maintenance responsibility of the City. b. Only those plantings that require a maintenance effort consistent with other plantings will be considered. c. Site preparation, installation and site restoration may be the responsibility of the City. d. Only perennial flowering plants will be permitted and incorporated in existing beds. e. The placement of plants will be based on the variety, color, mature height, size etc. Compatibility with surrounding areas will be a strong consideration for planted materials and their location. 2. Trees a. Donated trees become the exclusive property and maintenance responsibility of the City. b. Site preparation, installation, and site restoration may be the responsibility of the City. c. Tree placement/location will be based upon variety of tree selected, mature height, size etc. Compatibility with surrounding areas will be a strong consideration for trees and their location. d. Accordingly, the size and species of tree or trees donated shall be limited to those determined by the City. 3 Page 434 of 440 Back to Agenda 3. Signage a. Interpretive signs may be installed at sites that are appropriate for describing the history, geology, environment, and flora and fauna of a particular area. Interpretive signs shall be of a size that is in keeping with the character of the site. Interpretive signs shall be of a design that meets requirements for access to the disabled. Interpretive signs shall be designed in such a manner that is consistent with other interpretive signs on the site. Interpretive signs shall be constructed of materials that are of high quality, vandal resistant, and able to withstand harsh environmental conditions. b. Memorial Plaques: Donation acknowledgments will be determined by City staff. 4. Benches, Tables, Bicycle Racks, Drinking Fountains, and Other Amenities a. Donated benches become the exclusive property and maintenance responsibility of the City. b. Site preparation, installation, and site restoration will be the responsibility of the City. c. The amenity must be similar to or complement other amenities in the area. d. For McCormick Village Park and Downtown Waterfront locations, bench donations shall be located according to the map maintained by city staff. 5. Buildings, Structures, and Public Art a. Donated buildings, structures (including playgrounds) and public art are not considered as part of this policy. To accept a donation for a specific facility, the donation must 1) meet a true need of the facility, 2) not interfere with the intended current or future use of the facility and 3) not require the relocation of other equipment or infrastructure to accommodate the donation. The City reserves the right to deem a space and/or facility fully developed and reject the donation. CONDITIONS INSTALLATION: Installation of donated public space elements, including any donor acknowledgement, will be completed by City personnel, unless mutual agreement for other arraneements has been reached. The installation will be scheduled at a time and CI Page 435 of 440 Back to Agenda date as determined by Public Works Department, so as not to unnecessarily interfere with routine maintenance activities. DONATION ACKNOWLEDGEMENTS/MEMORIAL PLAQUES: A donor may request a memorial plaque be affixed to the donated public space accessory at the time the initial donation is submitted to the Public Works Director. Memorial plaques, including whether one will be affixed, the materials, the language of the acknowledgment, and the location of the acknowledgement plaque, will be determined by City staff. The contents of the memorial plaque are government speech, and are subject to the City's sole discretion based on the City's evaluation of the honoree's service and/or relation to the community. REMOVALAND/OR RELOCATION: This section applies to both existing and new donations. The City reserves the right to remove and/or relocate donated public space elements and their associated signage, when they interfere with site safety, maintenance, or construction activities. Approved by the City Council on (INSERT DATE) I;~ Page 436 of 440 Back to Agenda City of Port Orchard Council Meeting Minutes Work Study Session Meeting of January 19, 2021 CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the Deputy City Clerk as follows: Mayor Pro-Tem Ashby Councilmember Chang Councilmember Clauson Councilmember Cucciardi Councilmember Diener Councilmember Lucarelli Councilmember Rosapepe Mayor Putaansuu Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Present via Remote Access Late Arrival via Remote Access Present via Remote Access Present via Remote Access Staff present via Remote Access: Community Development Director Bond, Public Works Director Dorsey, Assistant City Engineer Hammer, Finance Director Croker, Land Use Attorney Robertson, and Deputy City Clerk Floyd. Mayor Putaansuu said Pursuant to the Governor's "Stay Home - Stay Safe" Order, the City will conduct the meeting through Zoom. Pledge of Allegiance Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 1. Impact Fee Ordinance —Traffic Impact Fee Adjustment Development Director Bond noted the Impact Fee Ordinance has been held up while trying to finalize the McCormick Communities Development Agreement for Transportation. We have been working on this ordinance since late 2019. This ordinance is the first update to the Impact Fee Ordinance since its inception in 2015. In 2015, the City adopted Traffic Impact Fees for the first time, but the City has always had park and school impact fees, which we are not proposing to change. Back in 2015 when we adopted our Impact Fee Ordinance, we initially did a traffic impact fee study which then came back with a recommendation of $4,000 per peak PM trip. We were just coming out of the recession and comparing ourselves to what development costs were in other jurisdictions, there was a desire to try to lower that fee to be more in line with our neighbors. Some of the projects that were the basis of that study were removed to lower the total traffic improvement program costs. Page 437 of 440 Back to Agenda Minutes of January 19, 2021 Paee 2 of 4 Now, 5 years later, the costs of projects have come up and there are several projects not eligible for impact fee expenditures, as they are not part of our impact fee study. We employed TSI who is our traffic consultant to develop a new traffic impact fee study. We added a lot of those projects back into the fee calculations including, Fireweed, Sidney Avenue south of Tremont, and Melcher on the west side of Port Orchard Boulevard. There are several areas of the City that we have substandard roads and do not have the capacity to support development. In addition, the Tremont project came in above our estimates from 2015. Finally, the Bethel Sedgwick corridor study was developed. In 2015, we had rough estimates, and after identifying a phasing plan and figuring out other needs and constraints, the study came back significantly more expensive for all 5 phases of that development. With this, the current impact fee study came back with a recommendation of $4,943 per peak PM trip. Discussion was held regarding the current study, calculations of the grants, ordinance details, old impact fees, project name descriptions, cost sharing, unfunded commitment, tying fees to the CPIU, and a public hearing. Council Direction: Council directed staff to hold a public hearing on this topic during the February 9, 2021, City Council meeting. 2. McCormick Communities Development Agreement for Transportation Development Director Bond said this is a project they have been working on for over a year. We managed to reach an agreement between 3 parties: McCormick Land Company (formerly GEM1), McCormick Communities, and the City of Port Orchard. He also explained the background on the old agreement, noting in 2005, Kitsap County entered into a development agreement with GEM1. In 2009/2010, the City annexed this area and assumed the County's position on the agreement. This has been challenging due to having to administer two separate traffic impact fee areas. The existing agreement includes a reimbursement that gets paid to McCormick Land Company for projects that were built around 10 or 12 years ago. The Finance department is currently administering a complex reimbursement program under the old County agreement. He noted the old agreement is very cumbersome and spoke to capacity and development. Lastly, the City of Port Orchard did not annex all the transportation projects that are envisioned in the existing agreement. Some of the projects remain in the County. There was a desire from the developer and the City to update the agreement and streamline our impact fee program, but also to focus on projects that our modeling shows are needed and to get them built as efficiently as possible. Discussion was held regarding details of the new agreement which included more flexibility, 20-year term limit, reimbursements, projects to be built, impact fee credit to the developer, better quality exhibits, liability and hold harmless, residential, and commercial trips, project and right-of-way acquisition schedules, maximum project cost, and reimbursement of contract execution. Page 438 of 440 Back to Agenda Minutes of January 19, 2021 Page 3 of 4 Mayor Putaansuu noted this item will be on the February 9t" Council agenda. Council Direction: No direction was given to staff. 3. Transportation Update Assistant City Engineer Hammer shared a video by AWC 'Cities 101-Street and City Transportation System'. Additionally, he spoke to a presentation titled 'Transportation Update 2021-2022 Workplan" which included discussion on City roadway network, planning tools, 2020 committee work, challenges, 2021-2022 work plan, and transportation funding analysis. Discussion was held regarding transportation and comprehensive plans, preservation, and House Transportation committee's proposal regarding increase in gas tax. Council Direction: No direction was given to staff. 4. Water & Sewer Credit Discussion Mayor Putaansuu noted it is important to remember that we cannot pay developers to build our capital projects directly. If someone builds a large project for us, they will get credit for the access capacity they create in our system. Public Works Director Dorsey said most cities tend to lean on latecomers' agreements as their model. This is available in our City for the developers who want to employ a latecomer's agreement model, but this provides another alternative. Finance Director Crocker shared a presentation and noted the overall concept is to provide a credit for when a developer is providing the City over and above capacity that they need. Additionally, he spoke to sewer CFC [Capital Facility Charge] and credit examples. Additional discussion was held regarding credits and capacity, development, credit scenarios, ERU's, anomalies, implementation, and code language. Council Direction: No direction was given. NEW: GOOD OF THE ORDER Committee Meeting Schedule Mayor Putaansuu said there was discussion about shuffling around committee meeting dates, specifically for the Utilities and Finance Committees. After a brief discussion, it was agreed that the Utilities Committee will meet the 2nd Tuesday of each month, and the Finance Committee will meet with 3rd Tuesday of each month. Page 439 of 440 Back to Agenda Minutes of January 19, 2021 Page 4 of 4 Kitsap Bank Property and Appraisal Mayor Putaansuu noted we signed the Letter of Intent and he reached out to the Public Facilities District (PFD). Public Works is now procuring an appraisal on the Kitsap Bank property which will take 6 weeks and $4,500. It is a reimbursable expense through the PFD, but our real estate acquisition is not until after design. We could get reimbursed now, but we would get caught short at the end of the design period by that same $4,500. He wants to bring a contract forward to get this process moving, but it may be cleaner for us to pay for the appraisal ourselves. After discussion, it was agreed the City would pay for the appraisal. Social Media Posts Councilmember Chang spoke to a post he made on social media about a local business and said it was made on his personal page and did not reflect the Council as a whole. He apologized and noted it was his own lack of judgement and his alone. Councilmember Ashby explained that it does not make any difference if you post under your personal name, we are City Council people 24 hours a day, 7 days a week. We do not get to do public comments as we are Council people, and our comments represent all of us. Councilmembers Cucciardi, Rosapepe, Clauson, and Diener, thanked Councilmember Chang for his comments and apology, and spoke to their roles as Councilmembers and service to the City. Adoption of 2018 Building Code Development Director Bond noted on January 14th, we received what we thought was good news as the Governor issued an executive order delaying the implantation of the 2018 building codes. We removed this from the work study agenda and stopped working on it thinking we had until June to finish, but today, the Governor rescinded that order. We now have a January 31St deadline for adoption of the 2018 building codes. We were working with South Kitsap Fire and Rescue on substantial revisions to our local amendments and those will not be ready by next Monday. We will have to bring forward an ordinance that changes the 2015 code to the 2018 code, and then do a second step that will fix our local amendments further down the road, so we are consistent with State law. Next meeting you will see a very brief ordinance adopting the 2018 building codes. ADJOURNMENT The meeting adjourned at 8:13 p.m. No other action was taken. Audio/Visual was successful. Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor Page 440 of 440