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029-21 - Ordinance - Repealing Ordinance 007-19, and Contract with DOE for the Marina Pump StationORDINANCE NO.029.2L AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, ACCEPTING THE GENERAL TERMS ASSOCIATED WITH DEPARTMENT OF ECOLOGY AMENDED CWSRF LOAN AGREEMENT NO. WQC-2019- PoOTPW-OOO2S AND THEREBY APPROVING NEW CONTRACT NO CO68-21 FOR THE CONTINUATION OF THE MARINA PUMP STATION REBUILD PROJECT; REPEALING ORDINANCE NO. OO7-L9; PROVIDING FOR SEVERABILITY AND PUBLICATION; AND SETTING AN EFFECTIVE DATE. WHEREAS, on February L9,2OI9, the Port Orchard City Council adopted Ordinance No. OO7-L9, thereby approving Contract No. C011-L9 and accepting Department of Ecology (DOE) Clean Water State Revolving Fund (CWSRF) Loan Agreement No. WQC-2019-PoOrPW- 00025 for the Marina Pump Station Rebuild Project (the "Project"); and WHEREAS, for the work completed to date, including moving the Project to the 80% design phase, the City has utilized local funds only and has not drawn on the existing DOE Loan; and WHEREAS, over the course of the 30% to 80% design phase for the Project, and 1) in coordination with the lmagine Port Orchard Waterfront Redevelopment and the City's Community Event Center Projects and 2) in response to a sewerage overflow event in 2020, the anticipated Scope and Budget for the Project increased significantly; and WHEREAS, to redress the increased anticipated cost and upon consultation with Ecology staff, Ecology recommended a new Loan Agreement No. WQC-20L9-PoOrPW-00025 for the continuation of the Marina Pump Station Rebuild Project to replace the previous agreement; and WHEREAS, the funds allocated under the new Loan Agreement may be utilized for work performed to date on the Project; and WHEREAS, the City Council has determined it to be in the best interests of the City to rescind its authorization for the previous agreement and authorize the execution of a new Contract No. C068-21 with the Department of Ecology for the continuation of the Marina Pump Station Rebuild Project; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION 1. Repealer. Ordinance No. 007-19 is hereby repealed in its entirety Ordinance No. 029-21 Page 2 of 2 SECTION 2. Authorization. The Mayor is authorized to execute Contract No. C058-21 with the Department of Ecology for the continuation of the Marina Pump Station Rebuild Project and the City agrees to be bound by the general terms of the Agreement in their entirety. SECTION 3. Severabilitv. lf 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 4. Publication. This Ordinance shall be published by an approved summary consisting of the title. SECTION 5. 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 L3th day of July 2021,. --t--9 Robert Putaansuu, Mayor ATTEST SPONSOR zaaz&t Brandy Rinearson, MMC, City Clerk Cindy relli, Councilmember APPROVED AS TO FORM: c arlotte Archer, City Attorney PUBLISH ED : July 16, 2O2! EFFECTIVE DATE: July 2L,2O2L