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Right-of-way offers proceed for Bethel Phase 1 as sewer trenching defects raise litigation risk
Summary
Staff said first batches of signed right-of-way offers for Bethel Phase 1 are being returned to the city and will come to council for payment approval. Separately, sewer main TV inspection found the main sound but adjacent trench backfill was improperly compacted; the city has put the contractor on notice and may pursue repayment or litigation, and the pavement overlay has been delayed.
City staff told the Port Orchard Transportation Committee that right-of-way outreach for Bethel Phase 1 is underway and initial offer packages are being signed and returned for council payment approval.
"So you signed the first 4 batches of them, it sounds like," Chris Hammer said, and staff confirmed they are preparing to deliver the documents to council for payment authorization.
At the same time, staff reported a contractor-quality issue on a separate sewer/culvert project. Hammer said the sewer main television inspection (TV) did not show adverse settling in the main line, but "the trench backfill...wasn't done right, and it's still settling." Director Dennis Ryan told the committee the city has put the contractor on notice and has not received required inspection reports and certified materials: "It hasn't passed city specifications as per their development agreement or their development permit. So we are gonna continue to pursue that," Ryan said, adding the city is seeking repayment and that the matter "could very likely end up in litigation."
Because of the ongoing compaction issues, staff said the planned asphalt overlay will be delayed rather than risk covering unresolved deficiencies. Council members asked about impacts on school busing and schedule; staff said they will provide communications once the paving schedule is set and likely will keep a rough roadway condition until repairs and overlay can proceed.
Why it matters: the right-of-way work supports Bethel Phase 1 access and frontage improvements; the trenching deficiencies create potential cost and schedule risk for the city and could require claims or legal action to recover costs.
Next steps: staff will bring payment approvals for signed offers to council, pursue required inspection documentation from the contractor, and convene an executive session on the matter ahead of evening business.
