HomeMy WebLinkAbout05/14/03 AGENDA 239 4th Street · Brernerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251
CITY COUNCIL MEETING AGENDA
MAY '14, 2003
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in Council Conference Room
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in Council Chambers
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA
A. Minutes of Meeting - April 23, 2003 (#AB03-076)
B. Minutes of Meeting - April 30, 2003 (#AB03-077)
C. Contract Modification Agreement No. 1 with AIR SYSTEMS ENGINEERING, INC. for
Mechanical Upgrade of Lobby/Overlook Area at Jarstad Aquatic Center (#AB03-078)
D. Change Order No. 1 with STAR SEISMIC LLC for "Casad Dam Intake Tower Seismic
Brace Fabrication & Supply" Project (#AB03-079)
E. Contract for Purchase of Water Booster Pumps & Electric Motors for "West 650
Pressure Zone Improvements" Project (#AB03-080)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION - Comments limited to 3-minutes
8. NEW BUSINESS
A. Appointment of Christopher Holden to Bremerton Housing Authority Board of ,~
Commissioners (#AB03-081)
B. Recommendation to Allocate Funds from the HOME Program to LIHI to Rehabilitate
Property at 704 Chester Avenue (#AB03-082)
CONTINUED ON BACK ....
E-mail: citycouncil@ci.brernerton.wa.us · Web: www. ci.bremerton.wa.us
C. Contract with FISCHER GENERAL CONTRACTING, INC. for Renovation of Storage
Building for use by the Police Department [Public Safety Bonds] (#AB03-083)
D. Setting Salary Range for Municipal Services Coordinator (#AB03~084) -~,
9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONR
A. Ordinance [First Reading] Vacating a Portion of Alley between 5~h & 6
Pacific and Washington Avenues (#AB03-085)
B. Resolution No. 2892 approving Interagency Agreement with Kitsap County for Water ~'
Main Construction (#AB03-086)
C. Closed Record Hearing regarding SWC PARTNERSHIP application for Rezone from
Low-Density Residential to General Business (#AB03-087)
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
April 28, 2003 BILL # 0 ~ -- 07~9
DATE
SUBMITTED:
AGENDA BILL ~A
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Committee Meeting Date: N/A
Meeting Minutes - April 23, 2003 COUNCIL MEETING Date: May 14, 2003
Department: City Council
Presenter: Council President
Phone: (360) 478-5280
SUMMARY: Attached are the Meeting Minutes for the regular City Council meeting
of April 23, 2003.
ATTACHMENTS: Meeting Minutes for April 23, 2003
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESDENT:
RECOMMENDED MOTION: Move to approve Consent Agenda as presented
AGENDA STATUS:
Consent []
New Business []
Old Business []
Ordinance []
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution []
Public Hearing []
Information []
Study Session []
TAPE #1889
CITY COUNCIL MEETING MINUTES
April 23, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4t~ Street, Bremerton, Washington, Wednesday, April 23, 2003, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Mike
Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, and Cecil McConnell. Council
member Wayne Olsen was absent. Aisc present were City Attorney Roger Lubovich; Deputy
City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell,
followed by the invocation provided by Reverend Ron Anderson of the Manette Community
Church.
President Arends made the following announcements:
1. A Pre-Council session was held in the Council Conference Room to discuss updates to
the meeting agenda,
CONSENT AGENDA - There are no Consent Agenda items this week
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on
a listing that had been made available to the Council.
#0025 M/S/C/U (Younger/McConnell/) On April 23, 2003, the Council approved payment for
Check Numbers 280318 through 280512; 7630P, 7632P, 7625P, EFT 7626, EFT 7627, EFT
7631, AND EFT 7633 in the total amount of $278,285.57; Regular Payroll in the amount of
$909,242.11 for the pay period ending April 15, 2003.
COUNCIL MEMBERS
Mike Shepherd mentioned the Sinclair inlet Clean-Up Event held last Saturday; and
encouraged residents to shop locally.
Ed Rollman announced the Spring Clean-Up for City of Bremerton residents will be held
Monday, April 21 through Saturday, April 26; commented on the recent District 1 & 2 Meeting
that he attended on behalf of District 1 Council Member Wayne Olsen; and thanked CENCOM
Director Ron MacAffee, CENCOM Board Members, and Kitsap County Commissioners for their
part in promoting Proposition 1 to provide for upgrades and maintenance for 911 services.
Daren Nyqren thanked several local businesses for keeping their doors open even during
tough economic times and was hopeful that those businesses would benefit from the downtown
redevelopment efforts.
Carol Arends announced her plans to attend the Puget Sound Regional Council Transportation
Policy Board meeting in Seattle tomorrow.
MAYOR'S REPORT - Mayor Bozeman ...
· Shared his opinion on several comments made at a previous Council meeting when
action was being taken on the "Job Description for Municipal Services Coordinato?' item
· Emphasized that his campaign was based on "change" and "economic developmen¢'
· Explained that success will only happen if alliances and partnerships are formed
TAPE #1889
City Council Reg. Mtg. Minutes
April 23, 2003
Page 2 of 4
PUBLIC RECOGNITION
Gordy Byrd provided an update on his challenge to collect a large number of tooth brushes.
H. Emily Moshay passed on an invitation from RICE, FERGUS, & MILLER ARCHITECTS who were
hosting the Bremerton Chamber of Commerce "After Hours" event this evening.
Natacha Sesko was concerned about the recent clean-up done on her property. Mr. Lubovich
explained that the property being discussed is part of pending litigation and therefore could not
be discussed.
John Thomas asked for the cost of placing a "City of Bremerton" insignia on manhole covers;
and where money used for 911 services would be diverted since the bond passed.
Don Larson reported on the Sinclair Inlet Clean-Up event held last Saturday; and thanked all of
the businesses for their donations.
Council President Arends clarified for Allen Shute that speakers may not speak for the full
three minutes if pending litigation is at issue.
9A - ORDINANCE {FIRST READING) REPEALING AND REPLACING CHAPTER 21.06 OF
THE BRIEMERTON MUNICIPAL CODE RELATING TO COMPREHENSIVE PLANS (#AB03-
063): RoRer Lubovich, City Attorney, explained that the current provisions of Chapter 21.06 of
the BMC do not provide adequate procedures for comprehensive plan amendments. The
proposed ordinance provides updated procedures for amending the City of Bremerton
Comprehensive Plan. Chris Hugo, Director of Community Development, explained that it has
been 8 years since the last update to the Comprehensive Plan. This proposal would allow for a
change from an annual process to a biennial process.
There were no comments from the public.
Mr. Maupin, Mr. Shepherd, and Mr. Sho~ provided comments in support of this ordinance.
#1309 M/S/C/U (Shepherd/Maupin) Move to approve the proposed ordinance on first reading.
9B - RESOLUTION NO. 2890 SETTING A HEARING DATE FOR MAY 14~ 2003 REGARDIN(~
A CITY-INITIATED STREET VACATION FOR A PORTION OF AN ALLEY BETWEEN 5TM &
6 TM STREETS, AND PACIFIC & WASHINGTON AVENUES (#AB03-064): Michael Mecham,
~iht~, Engineer, indicated that the City initiated the vacation of a portion of the alley between 5th &
6 Streets, and Pacific & Washington Avenues. The vacated area will be incorporated into the
abutting City-owned property to provide a site compatible for usage for the Bremerton
Government Center. This is a Class III] right-of-way, and compensation is not required in
accordance with BMC 11.20.080. The City Council is being requested to establish a hearing
date of May 14, 2003, to consider the proposed vacation. Staff recommends passage of the
proposed resolution.
There were no comments from the public.
Mr. Shepherd stepped out of the meeting at approx. 6:17 P.M. and was not available for the
following vote...
#1405 M/S/C/U (Younger/Short) Move to pass Resolution No. 2890, setting a hearing date of
May 14, 2003, for vacating a portion of the alley between 5th & 6th Streets, and Pacific &
Washington Avenues.
TAPE #1889
City Council Reg. Mtg. Minutes
April 23, 2003
Page 3 of 4
Mr. Shepherd returned to the meeting at approx. 6:19 P.M.
9C - PUBLIC HI~ARING ON 2003 FINAL ALLOCATION RECOMMENDATIONS FOR
COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS (#AB03-065): MaryIyn
Waibel, CDBG Program Administrator, reported that the City of Bremerton has received
notification from the Department of Housing and Urban Development that the actual year 2003
Community Block Grant (CDBG) allocation is $611,000. The City Council previously approved
awarding $550,000 of the funds to activities recommended by the CDBG Citizen's Advisory
Committee. Based on the ratings it is recommended that the Council award $61,000.00 in
additional funds as follows: $11,667.00 to the Department and Economic Development for
Anderson Cove Planning; $7,360.18 to Kitsap Sexual Assault Center; and $41,972.82 to the
Bremerton Public Works Department for its sidewalk program. In addition, staff is
recommending that $50,000 from the CDBG Revolving Loan Program be awarded to Catholic
Community Services to be used for the reopening of the Gateway Child Care Center.
Don Larson offered the assistance of volunteers from Kitsap Trees to plant more trees.
Dawn Larson, Assistant Childcare Director for Catholic Community Services, expressed her
appreciation for the support received from the community.
Joanne Gowler, Child Abuse Prevention Program at the Kitsap Sexual Assault Center, also
thanked the City for their support, and in addition thanked the CDBG Advisory Committee and
CDBG staff for their assistance through the process.
Mr. McConnell asked if funds were available to keep the center running. Ms. Larson
explained that with fundraising efforts, it is expected to keep the center open.
Mr. Shepherd provided comments in support of this funding.
Mr. Youn.qer requested further details on the $61,000 allocation for "Anderson Cove Planning".
Mr. Sexton explained that the funds would be used to study the feasibility of building a school
in the Anderson Cove area.
Mr. Younqer inquired about the use of funds for the "Sidewalk Program". Bob Tulp,
Operations Manager, responded that the Engineering Department was awaiting approval of
these funds prior to selecting project locations.
Mr. Younger further asked how much money was in the CDBG Revolving Fund. Ms. Waibel
explained that when the $61,000 in additional funds was received, the ranking list of applicants
was reviewed, and they simply went down the list. However, she explained that the
Administration did request that if additional funds were received from HUD, that the funds be
allocated to study the feasibility of building a school in the Anderson Cove area, which is an
appropriate use for these funds. Mr. Youn.qer summarized that although all of the applicants
are worthy of receiving money, he questioned the "fairness" of the process that was used to
allocate the additional funds, and would like to see changes.
Mr. Ny~ren agreed that the process was flawed, and additionally noted that he would have
preferred to see this information brought to the Council sooner.
Mr. Short added that if the involvement of the Citizen Advisory Committee is bypassed in the
process, that issue also needs to be addressed,
TAPE #1889
City Council Reg. Mtg. Minutes
April 23, 2003
Page 4 of 4
Mr. Rollman asked for clarification on the ranking of the applicants. Ms. Waibel answered that
the rankings were determined by the citizens' Advisory Committee. However, she reiterated
that the Administration directed the level of funding for two additional projects, the Anderson
Cove Study and Catholic Community Services. She further explained that the other applicants
received funding based on the ranking determined by the committee, and that the ranking of
each applicant was based on the needs of the community.
Mr. Maupin expressed his support for the various projects that were presented, but agreed that
the process needs to be changed.
Ms. Arends thanked the committee for their efforts in reviewing the requests of the applicants.
#2625 M/S/C (Shepherd/Rollman) Move to approve the recommendations for the additional
CDBG funds as described.
Voted in favor of Motion: Rollman, Shepherd, Younger, Maupin, Short, McConnell, and Arends
Voted opposed to Motion: Nygren
Motion carried: 7-Yes; 1-No
With no further business, the regular meeting of the City Council was adjourned at 6:49 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CNPJ/Is/cge
DATE SUBMITTED: May 2, 2003 BILL # ~ ."'2,.9 ~ ~ 7 V
AGENDA BILL 3B
CITY OF BI~MERTON
CITY COUNCIL
SUBJECT: Committee Meeting Date: N/A
Meeting Minutes - April 30, 2003 COUNCIL MEETINO Date: May 14, 2003
Department: City Council
Presenter: Council President
Phone: (360) 478-52g0
SUMMARY: Attached are the Meeting Minutes for the regular City Council meeting
of April 30, 2003.
ATTACHMENTS: Meeting Minutes for April 30, 2003
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
MAYOR:
FISCAL/BUDGET: K/Pt
OPERATIONS: ~J/~
COUNCIL PRESIDENT: ~'.~. ~(~'~.~d.i~.~2
RECOMMENDED MOTION: Move to approve Consent Agenda as presented
AGENDA STATUS:
Consent []
New Business []
Old Business []
Ordinance []
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution []
Public Hearing []
Information []
~ Study Session []
TAPES #1890 & 1891
CITY COUNCIL MEETING MINUTES
April 30, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4t~ Street, Bremerton, Washington, Wednesday, April 30, 2003, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Mike
Short, Will Maupin, Mike Shepherd (left at approx. 6:28 P.M.) Ed Rollman, Cecil McConnell,
and Wayne Olsen. Council members Daren Nygren and Eric Younger were absent. Also
present were City Attorney Roger Lubovich; Deputy City Clerk Paula Johnston; and Legislative
Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell,
followed by the invocation provided by Reverend Danny Allen of Grace Pentecostal Church.
President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to
the meeting agenda; and
2. The Monthly Study Session will be held next Wednesday.
CONSENT AGENDA
A. Minutes of Meeting - April 9, 2003 (#AB03-066)
B. Minutes of Meeting - April 16, 2003 (#AB03-067)
#.0025 MISlC/U (McConnell/Olsen) Move to approve Consent Agenda as presented.
CLAIMS & CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those
expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on
a listing that had been made available to the Council.
#0055 M/S/C/U (McConnell/Rollman) On April 30, 2003, the Council approved payment for
Check Numbers 280533 through 280736; 7646P; and EFT's 7639, 7640, 7644, 7645, and
7647 in the total amount of $691,809.37; and Retiree Payroll for the period ending April 30,
2003 in the amount of $139,813.00.
COUNCIL MEMBERS
Wayne Olsen was glad to be back in the "colonies" after an extended trip to the United
Kingdom.
Ed Rollman reported on his attendance at the Armed Forces Tea and passed on good news
that the Navy plans on building a parking garage at the corner of 4th Street & Park Avenue;
announced that planting trees downtown are planned as part of the revitalization process; and
mentioned the First Friday Art Walk to be held this week.
Mike Shepherd noticed orienteering groups in downtown Bremerton; and reminded citizens to
attend the First Friday Art Walk this week.
Will Maupin discussed the new "Smart Cards" distributed at the meeting in Seattle; reported on
his attendance at the Bremerton Historic Ships meeting; and announced the free screening
clinic for orthopedic, burn, or scar care by the Shriners Club on Saturday, May 10 from 9:00
A.M. to noon at Bremerton Harrison Hospital.
TAPE #1890 & 1891
City Council Reg. Mtg. Minutes
April 30, 2003
Page 2 of 8
Mike Short announced that Kitsap Lake would be closed all weekend for the Regatta &
Hydrofest; and the next District 8 & 9 meeting would be held Thursday, May 22 in the
Conference Room of the Oyster Bay Public Works & Utilities District building.
Carol Arsnds looked forward to the First Friday Art Walk and the Armed Forces Day activities.
MAYOR'S REPORT - Mayor Bozeman ... · Announced the "Welcome Party" for the USS CAMDEN on Pier Delta on Monday, May 5,
at 8:00 A.M.;
· Provided an update on the status of City projects being considered for funding from the
Capitol Budget in Olympia;
· Briefly discussed possible funding options for the Passenger Only Ferries;
· Learned that the PFD allocated an additional $75,000 for the Conference Center;
· Noted that the Ice Arena was still on schedule, with a Grand Opening planned May 17;
· Selected a candidate to replace Bruce Dunlop who is retiring from the Bremerton
Housing Authority Board of Commissioners;
· Offered to meet with the Council to discuss possible funding sources to keep the library
downtown;
· Proclaimed May 4-10 as "Drinking Water Week" in Bremerton, which was accepted by
Kathleen Cahal!, Water Resources Manager, who also reported on a number of
activities, displays, and give-aways in honor of Drinking Water Week; and
· Proclaimed the Month of May as "Foster Parent Appreciation Month" in Bremerton,
which was accepted by Sophia Kouidou-Giles, Area Administrator for Kitsap Foster
Care Association, who expressed her thanks to all of the foster parents in the
community; and Rick Williams, President of Kitsap Foster Care Association and a
foster parent, who encouraged individuals to provide any type of support that is possible.
PUBLIC RECOGNITION
Allen Shute encouraged citizens to call the City Council office at 478-5280 to address their
concerns.
Dr. Grant applauded Mayor Bozeman and supported his decision to hire a Municipal Services
Coordinator.
Pat Wright, Chairman for the Armed Forces Day Festival, announced the many activities
planned to honor the event this year on Saturday, May 17.
Don Larson was pleased with the editorial and the "West Sound Guide" in The SUN; and again
offered to donate trees on behalf of Kitsap Trees.
Kornice Jean Pierre invited the public to attend The Kitsap County Youth Rally for Human
Rights the--'med "-Open Hearts, Open Minds" which will be held on Saturday, May 3rd from 9:00
A.M. to 4:00 P.M. at Bremerton High School.
Ed Hebert expressed his concern that a citizen was not allowed to complete her report during
"Public Recognition" at a previous Council meeting.
City Attorney Roger Lubovich and President Arends both clarified that citizens have the right
to speak at Council Meetings but when litigation is involved the Council has been directed to not
engage in dialogue with the individual.
TAPE #1890 & 1891
City Council Reg. Mtg. Minutes
April 30, 2003
Page 3 of 6
Mr. Hoke of Positively Bremerton expressed his disappointment at the negative comments
about Bremerton made by reporter Jim Morris of the Seattle P.I.
H. Emily Mosha¥ of Positively Bremerton was also disappointed with the reporter's comments
as mentioned by Mr. Hoke; commented that she was pleased with the conduct and
performance of the City Attorney; and announced that Caf~ Destino would be having
entedainment available during the First Friday Art Walk.
John Lyle provided support for the downtown revitalization projects and Mayor Bozeman.
Holly James expressed her appreciation for Mayor Bozeman, and encouraged the Council to
support him in any way that they can.
David Ferf:lus also expressed his appreciation for Mayor Bozeman and Sherril Huff-Menees.
Paula Johnston, Deputy City Clerk, read a letter into the record from W, Earle Smith, Jr.,
CAPT, USN (RET.) supporting the current activity in downtown Bremerton.
8A - HIRING OF MICHELLE EICHORN TO THE POSITION OF CDBG PROGR.a""
COORDINATOR AT PAY BAND 10, RATE 4 (#AB03-068): Chris Hugo, Community
Development Director, explained that currently there is a vacancy in the CDBG Program
Coordinator position. The selection process has been completed and Michelle Eichorn is the
selected candidate. A memo documenting Ms. Eichorn's extensive experience was read into
the record to support the recommended starting salary at Pay Band 10, Rate 4 on the
Professional Salary Plan.
There were no comments from the public.
Mike Shepherd/eft the meeting at approx. 6:28 P. M He did not return to the meeting, and
was not available for any remaining voles...
#1845 M/S/C/U (ShortJMaupin) Move to approve hire of Michelle Eichorn to the position of
CDBG Program Coordinator at Band 10, Rate 4 on the Professional Salary Plan.
8B - CONTRACT AWARD FOR CONSTRUCTION OF "WEST 650 PRESSURE ZONF
IMPROVEMENTS~ RESERVOIR NO. 23" (#AB03-069): Michael Mecham, City Engineer,
established that sealed bids for construction of the "West 650 Pressure Zone Improvements,
Reservoir No. 23" project were opened on April 24, 2003. A total of three (3) bids were
received, and MORSE CONSTRUCTION GROUP, INC. was the lowest responsive bidder with a bid
of $838,466.30, including sales tax. The engineer's estimate for the project is $1,260,000.
There were no comments from the public.
#1930 M/S/C/U (Maupin/Short) Move to award a contract in the amount of $838,488.30 with
MORSE CONSTRUCTION GROUP, INC. for construction of the project titled "West 650 Pressure
Zone Improvements, Reservoir No. 23", and authorize the Mayor to execute the necessary
contract documents for construction.
8C - ENVIRONMENTAL OVERSIGHT CONTRACT WITH HART CROWSER FOR THF
CONFERENCE CENTER PROJECT {#AB03-070): Gary Sexton, Economic Development
Director, requested that Council authorize the HART CROWSER contract for environmental
oversight for construction of the Government Center.
TAPE #1890 & 1891
City Council Reg. Mtg. Minutes
April 30, 2003
Page 4 of 6
Don Larson expressed his support for this contract.
Mr. Short applauded Mr. Sexton for all the work he is doing on the Conference Center, and for
his efforts in keeping the Council informed.
#2155 MIS/C/U (ShortJMcConnell) Move that Council authorize the Mayor to sign the contract
on behalf of the City with HART CROWSER for environmental oversight for excavation and
construction of the Conference Center at 100 Washington Avenue.
8D - INTERLOCAL AGREEMENT WITH NOR'FVVEST AIR AND SUPPLY FOR PURCHA$-~
OF AIR COMPRESSOR AND FILL STATION WITH PUBLIC SAFETY BONDS {#AB03-071):
Kathleen McCluskey, Administrative Services Director, indicated that the City entered into an
Intergovernmental Cooperative Purchasing Agreement with Kitsap County Fire District No. 7 to
purchase an air compressor and Fill Station. NORTHWEST AIR & SUPPLY was the Iow bidder
meeting specifications for the air compressor in the amount of $27,438 excluding taxes and
shipping. It is recommended that the Containment Fill Station in the amount of $4,812.00 be
purchased from NORTHWEST AIR & SUPPLY as well to maintain uniformity of systems throughout
the Fire Department. The purchase price will be off-set by a $30,000 FEMA grant obtained by
the Fire Department. Fire Chief Al Duke offered further explanation on the grant and the need
for this purchase.
There were no comments from the public.
#2370 MISIClU (McConnell/Rollman) Move to approve purchase of Air Compressor and Fill
Station through Intergovernmental Agreement from NORTHWEST AIR & SUPPLY.
8E - PROFESSIQNAL SERVICES AGREEMENT WITH RICE FERGUS MILLER
ARCHITECTURE & PLANNING, LLP FOR DESIGN OF NEW HEADQUARTERS FIRF
STATION (TO BE PAID WITH PUBLIC SAFETY BONDS) {#AB03-072): Kathleen
McCluskey, Administrative Services Director, pointed out that the City issued an RFQ for
architect services in February. The project team selected three firms for interviews, which were
held in March. The Interview team evaluated each firm based upon the following criteria: a)
strength of the proposed team; b) demonstrated flexibility in design concepts; c) experience in
designing fire stations; d) compatibility/responsiveness to owner team; e) degree of interest and
responsiveness in undertaking the project; and f) location of key personnel. The architect firm
of R~CE, FERGUS, MILLER ARCHITECTURE & PLANNING LLP was selected at a fixed fee amount of
$215,556.00. Dave FerRus expressed his appreciation with the selection of his firm.
There were no comments from the public.
#2665 M/S/C (Maupin/Short) Move to approve Professional Services Contract with RICE,
FERGUS, MILLER ARCHITECTURE & PLANNING LLP for design of new Headquarters Fire Station.
Voted in favor of this Motion: McConnell, Rollman, Maupin, Short, and Arends
Abstained: OIsen
Motion carried: 5-Yes; 1-Abstention
8F - INTERLOCAL AGREEMENT WITH KITSAP COUNTY FOR THE OPERATION OF THF
CITY'S PERMI//iNG SYSTEM {#AB03-073): Michael Wilson, Finance Director and Bill Eley,
Purchasing Manager, introduced this agreement, which allows the City to use the Paladin
Permitting System owned by Kitsap County and resides on County software, operated by
TAPE #1890 & 1891
City Council Reg. Mtg. Minutes
April 30, 2003
Page 5 of 6
County staff. The arrangement allows the City full use of the system including the current link
to the County Assessor records and future links to the County GIS at an annual cost of
$20,000. The City will realize a significant saving in hardware and software acquisition and
maintenance costs. Chris Hufto discussed how the new software would benefit his
Department.
There were no comments from the public.
Mr. Rollman asked if the City would incur a share of the costs if the system went down. Mr~
Eley responded that eventually, when the County has to replace the hardware, the City would
then need to share their costs, but there are no plans to do this at least for the next 12 months.
#3234 MISlCIU (Maupin/Rollman) Move to approve the Interlocal Agreement with Kitsap County
for the operation of the City Permitting System and authorize the Mayor to execute the same.
8G - PROFESSIONAL SERVICES AGREEMENT WITH INTERLOCKING SOFTWARE
CORPORATION FOR DEVELOPMENT OF TAX/LICENSING MODULE AND
MODIFICATIONS TO THE PERMI'I'FING SYSTEM (#AB03-074): Michael Wilson, Finance
Director and Bill Eley, Purchasing Manager, explained that Kitsap County contracted with
Paladin Data Systems to provide a County Permitting System. INTERLOCKING SOFTWARE, the
contracting arm of PALADIN DATA SYSTEMS has offered to allow the City to use their software,
essentially for free. The only charges would be for modifications needed to adapt the County
system to meet the City's permitting needs, the addition of the Tax & License module and the
cost to convert data from our legacy systems into the new application. The use of the PALADIN
software would allow us to standardize our permitting processes currently performed by
Community Development, Public Works, and the Fire Department, and would allow a direct
interface with the County Assessor records and ultimately the County GIS. The total contract
amount is $81,760 with INTERLOCKING SYSTEMS.
There were no comments from the public.
TAPE #1891
Mr. Short asked what the laserfische used for?. Mr. Eley responded that laserfische would be
used for archival and retrieval of records.
Mr. Maupin asked if there will be a challenge for the "B and O Tax Module" in light of recent
legislation? Mr. Wilson answered that the software would assist the staff who deal with
collections of the tax, and any problems that stem from the recent legislation and
implementation of the software will be sorted out accordingly.
Mr. McConnell asked if it were not for the B and O Tax issue, would this software need to be
replaced? Mr. Eley replied that software is only replaced on an as needed basis; and that in
response to the previous questions posed by Mr. Maupin, businesses submit their tax
information to the City and any changes in the B and O Tax would be reported as well.
#0095 M/S/C/U (Short/Maupin) Move to approve the Professional Services Agreement with
INTERLOCKING SOFTWARE in the amount of $81,760 and authorize the Mayor to execute the
same.
9A - PUBLIC HEARING AND ORDINANCE NO. 4852 (SECOND READING) REPEALING
AND REPLACING CHAPTER 21.06 OF THE BREMERTON MUNICIPAL CODE RELATING
TO COMPREHENSIVE PLANS (#AB03-063): The first reading of this ordinance was heard on
April 23, 2003. Roger Lubovich pointed out added language to Section 21.06.050 (e)(4),
TAPE #1890 & 1891
City Council Reg. Mtg. Minutes
April 30, 2003
Page 6 of 6
which Chris Hu,qo, Director of Community Development elaborated on further.
There were no comments from the public.
Mr. Olsen stepped out of the meeting at approx. 7:16 P.M, and was not available for the
following vote...
Mr, Maupin provided his support of the ordinance since it would keep the Comprehensive Plan
consistent.
Mr. Short also provided support since the changes would make clear to investors what steps
need to be taken in the process of developing property.
#0255 MISlCIU (Short/Maupin) Move to pass Ordinance No. 4852 on second reading as
amended.
Mr. Olsen returned to the meeting at approx. 7:18 P.M.
9B - PUBLIC HEARING AND RESOLUTION NO. 2891 REGARDING RECOVERY OF FE~-~
FOR SECURING THE UNSAFE STRUCTURE AT 1309 POINDEXTER AVENUE (#AB03-075):
Janet Lunceford, Code Enfomement, stated that on February 13, 2003, Public Works secured
the house on the property located at 1309 Poindexter Avenue after it was ordered vacated due
to structural failure. The cost of the work totaled $954.85. Council must now decide if the fees
am just and reasonable, and how those fees should be collected.
There were no comments from the public.
Mr. McConnell asked if there were an administrative fee placed on this abatement? Ms.
Lunceford responded that since this abatement involved an emergency and her invol-~eement
was at the end of the process, the fee was not charged.
#0350 M/S/C/U (Short/Maupin) Move that Council, by Resolution No. 2891, order that the fees
in the amount of $954.85 incurred for securing the structure at 1309 Poindexter Avenue be
collected as reasonable abatement costs and become a lien against the property.
With no further business, the regular meeting of the City Council was adjourned at 7:20 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CA/PJ/Is/cge
DATE SUBMITTED: 30 April 2003 BILL # b~ ,~ ~ ~
AGENDA BILL 3 C
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Contract Modification - Air Committee Meeting Date: 6 May 2003
Systems Engineering, Inc. (Mechanical COUNCIL MEETING Date: 14 May 2003
Upgrade Jarstad Aquatic Center - Department: Parks and Recreation
Lobby/Overlook Areas) Presenter: JeffElevado
Phone: 473-5428
SUMMARY: Due to budgetary concerns at the time of the initial bid award for the upgrades to the
Jarstad Aquatic Center, the mechanical systems improvements to the lobby and overlook areas were
excluded from the base contract with Air Systems Engineering, Inc. As a result of the receipt of
additonal CDBG money in 2003 for the lobby and overlook work, we wish to modify the Air Systems'
mechanical upgrade contract in the amount of $23,743.05 (includes WSST) so that this work can be
accomplished in concert with the Natatorium and Mens' and Women's Lockerooms. This modification
will ensure a homogenous mechanical system throughout the entire faciltiy.
ATTACHMENTS: Contract Modification Agreement No. 1 between the City of Bremerton and Air
Systems Engineering, Inc.
FISCAL IMPACTS (Include Budgeted Amount): None, this contract modification amount is within
the overall budget for the "Jarstad Rehabilitation" project.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
MAYOR:
OPE TIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: That the City Council approve Contract Modification No. 1 with Air
Sytems Engineering, Inc. in the mount of $23,743.06, and authorize the Mayor to execute this
contract modification subject to current City Administrative Policies and Procedures.
AGENDA STATUS:
Consent []
New Business []
Old Business []
Ordinance []
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution []
Public Hearing []
Ifformation []
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND
AIR SYSTEMS ENGINEERING, INC.
Project No. 5922
PROJECT: Mechanical Upgrade - Glenn Jarstad Aquatic Center
DATE: April 28, 200;5
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Mechanical Upgrade Scope of Work and Lump Sum Cost AGREEMENT (the "Contract")
entered into between the City of Bremerton and Contractor, Air Systems Engineering, Inc.,
on March 27, 200;5 and as executed on April 2;~, 200;5.
All provisions in the Contract shall remain in full force and effect except as expressly modified by
this document,
Whereas this modification shall include the mechanical system upgrade of the aquatic center Lobby
and Overlook Areas. The mechanical upgrade inclusion of the Lobby and Overlook Areas shall
provide a homogeneous mechanical system throughout the facility. The Lobby and Overlook Areas
were not part of the original mechanical upgrade scope of work due to budgetary constraints that
included only the Natatorium and Men's and Women's Locker Rooms. The City of Bremerton
Department of Parks & Recreation, desires to modify the contract as further described in
Attachment A.
For valuable consideration and by mutual consent of the parties, the Contract is modified as
follows:
I.
Section 1-1, General Provisions, Part 1-1.01(A) Scope of Work is modified as follows:
See Additional Scope of Work attached as Attachment A, dated March 28, 2003
Section 1-1, General Provisions, Part 1-1.04(H) Payment. is modified as follows:
The original contract amount is $263,184.11 including Washington State Sales Tax (W.S.S.T.).
The City shall pay the Contractor, Air Systems Engineering, Inc. for the additional scope of work
described as Attachment A, dated March 28, 2003, based on the not to exceed Lump Sum Cost of
$23~74;5.05 including W.S.S.T. for a total amended contract amount of $286,927.16 including
W.S.S.T.
Section 1-2, Progress and Prosecution of Work, Part 1-2.06 Progress of Work, is not modified.
The Contractor, Air Systems Engineering, Inc. shall complete the work as modified in Attachment
A within the specified one hundred twenty (120) calendar days.
II.
The Contractor accepts all requirements of this Contract Modification No.1 by endorsing
below. The Contractor further agrees that this Contract Modification No. 1 constitutes full
and final settlement of all Contractor claims for contract time and for all costs of any kind,
including costs of delays, related to any work either covered or affected by this Contract
Modification.
CONTRACT MODIFICATION No. I 1 Project No. 5920
In addition, the Contractor shall inform any Surety providing bond(s) required under this
contract of this Contract Modification and shall take appropriate action to incorporate this
change into the required bond(s).
The parties whose names appear below warrants under penalty of perjury that they are
authorized to enter into a contract modification that is binding on the parties of this contract.
IN WITNESS WHEREOF, the parties have executed this Contract Modification No. 1 on the
day and year first written above.
Dept. Head
Initials and Date
CONTRACTOR THE CITY OF BREMERTON
AIR SYSTEMS ENGINEERING, INC.
By. By Cary Bozeman
Its Its Mayor
DATE: DATE:
APPROVED AS TO FORM: ATTEST:
Bremerton City Attorney City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Mr. Ted Hunt Mr. Jim Spencer
Title: Project Manager Title: Director
Air Systems Engineering, Inc. City of Bremerton Dept. of Parks & Recreation
3602 South Pine Street Address: 680 Lebo Boulevard
Tacoma, WA 98409 Bremerton, WA 98310
Phone/Fax: 253-572-9484/253-3836337 Phone/Fax: 360-478-5305/360-478-5882
CONTRACT MODIFICATION No. 1 2 Project No. 5920
03/28/03 FR[ 15:24 FAX 1 253 383 8337 AIR SYSTEMS ENG. ~002
3602 SOUTH PINE STREET · TACOMA, WA 98409
Tacoma (253)572-9484 · Seattle (206)628-9484 · FAX (253)383-6337
ATTACHMENT A,
March 28, 2003
Departmem of Pm'ks & Recreation
Glenn Jarstad Aquatic Center
50 Magnuson Way
Bremerten, WA 9:~310
Attention: Mr. ,i[e:~'Elevado
Reference: Jan;t~td Pool Lobby Unit Replacement
Ah' Systems Engh~rlng, Inc. appreciates the opportunity to provide tNs proposal
regarding the abo~ e referenced project. Per our conversation, we have provided below the
scope of work lbr the replacement of the lobby unit. Our scope of work and pricing is
based on doing l:h~; work during the main upgrade project to take advantage of the
economics of scale to reduce overall costs. We have listed below our detailed scope of
work and pric~g:
Scope of Work::
· Furnish ~tnd install (1) Trane 7 ½ Ton Gas/Electric Packaged Unit with power
exhaust, economizer, filter rack and filter, and all safety and opemtlng controls.
Unit wilI N: mounted on new concrete pad outside boiler morn.
· Remove and dispose of existing unit
· Furnish a.nc[ install all duct and duct transitions as required to connect new unit
· Furn~h and! install line voltage electrical wiring for new unit; to include all
conduit, wire, connections, and disconnect switch. We will pickup power from
existing power panel.
· Furnish and install gas piping from meter location to new packaged trait
· Furnish and install new Direct Digital Controller; to include low voltage wiring,
programming, and tie-in to new American Auto-Matrix System
· Provide s aw cut exterior duct penetrations
· Perform ~rtup and checkout
· Perform~ b-l,ncing
· Provide .[Ju~ cleaning of lobby system
· Prevnil~g wage labor
· One year p~x~s and labor warranty
It,
AIR CONDITIONING ,, SHi;EFMETAL · REFRIGERATION · PROFESSIONAL ENGINEERS · SERVICE & MAINTENANCE
03/28/03 FRI 15:25 FAX 1 253 383 6337 AIR SYSTEMS ENG. ~003
Total Price:
$21,883.00, plus Washington State Tax
Please sign bellow to approve the above scope of work:
Signature: __ Date:
We are prepared tc order equipmem and schedule this work upon receiving your
approval. We appr.~,ciate your business, and look forward to working with you on this
project. Please call me if you have any questions.
Ted Hunt
Special Project Accotmts
AGENDA BILL ~D
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Casad Dam Intake Tower Committee Meeting Date: May 6, 2003
Seismic Brace Fabrication and Supply - COUNCIL MEETING Date: May 14, 2003
Change Order No. I Department: Engineering
Presenter: Mike Mecham
Phone: 360~473-5288
SUMMARY: Change Order Number 1 for the project titled "Casad Dam Intake Tower Seismic
Brace Fabrication and Supply" eliminates unnecessary cyclic load testing and adds fabrication of
miscellaneous stainless steel components to the existing Contract with Star Seismic LLC. The total
change order amount is $88,363.01.
ATTACHMENTS: A. Change Order Number 1
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS: ~
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
MAYOR:
FISCAL/BUDGET: ~'~~ ~o~'~e''4r a,3e'aJ'~'~
OPERATIONS: ~.-.--_.
COUNCIL PRESIDENT: - ~.,~ ~.~, ~
RECOMMENDED MOTION: Move to approve Change Order Number 1 for the project titled
"Casad Dam Intake Tower Seismic Brace Fabrication and Supply" and authorize the Mayor to finalize
and execute the Change Order.
AGENDA STATUS:
Consent
New Business
Old Business
Ordinance
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution
Public Hearing
Information
[ [~ Study Session
CITY OF BREMERTON
CHANGE ORDER
CONTRACT CHANGE ORDER NO: 1
PROJECT NAME: CASAD DAM INTAKE TOWER SEISMIC BRACE FABRICATION AND
SUPPLY
PROJECT NO: 417 CONTRACTOR: Star Seismic LLC
ORIGINAL CONTRACT AMOUNT: $159,548.00 DAYS: 138
PREVIOUSLY APPROVED CHANGES: $ 0.00 DAYS: 0
THIS CHANGE: $ 88,363.01 DAYS: 0
REVISED CONTRACT AMOUNT: $247,911.01 DAYS: 138
This Change Order covers changes to the subject contract as described herein. All provisions in the
Contract shall remain in full fome and effect except as expressly modified by this document. The
Contractor shall construct, furnish equipment and materials, and perform alt work as necessary or
required to complete the Change Order Items for a lump sum price agreed upon between the
Contractor and the City of Bremerton.
DESCRIPTION OF CHANGES INCREASE IN {DECREASE} IN CONTRACT
CONTRACT CONTRACT TIME
AMOUNT AMOUNT EXTENSION
($) ($) (DAYS:)
Delete Cyclic Load Test: Delete the Seismic Brace Cyclic 0 {$37,141.00) 0
Load Test from the Contract. Tests have been previously
conducted and are well documented.
Add Miscellaneous Metals Fabrication: Add fabrication $118,581.56 0 0
of miscellaneous stainless steel collars, collar beams, and
brackets to the Contract.
SUB TOTAL $81,440.56
SALES TAX 8.5% $6,922.45
TOTAL $88,363.01
NET CHANGE IN CONTRACT
AMOUNT Increase or {Decrease} $88,363.01
Page 1 of 2 ] q
CONTRACT CHANGE ORDER NO: 1
PROJECT NAME: Casad Dam Intake Tower Seismic Brace Fabrication And Supply
Contractor acknowledges and accepts that this contract modification constitutes final settlement of all
of the contractor's claims of any kind or nature arising from or connected with any work either covered
or affected by this contract modification, including, without limitation, claims related to contract time,
on-site or home office overhead, or lost profits.
The undersigned Contractor approves the foregoing Change Order as to the changes, if any, in the
contract price specified for each item, including any and all supervision costs and other miscellaneous
costs relating to the change in work, and as to the extension of time allowed, if any, for completion of
the entire work due to said Change Order.
This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that this Change Order shall be effective when approved by the City of Bremerton.
RECOMMENDED:
PROJECT ENGINEER Date
RECOMMENDED:
CiTY ENGINEER Date
ACCEPTED:
CONTRACTOR Date
APPROVED:
MAYOR Date
APPROVED:
AS TO FORM CITY ATTORNEY Date
Page 2 of 2 o~ 0
Sent @y: Acres International; 1 206 352
5734;
APt'-30-03
15;45;
Page
2
April 30, 2003
P14023.0Wt .2
150 Nickerson StreeL Suite 3 ! 0
Seanle, WA 981~9
Tel: 206-352-5730
Fax: 206-352-5734
International E-mail: sca[tic ~ acr~.~o m
Ned Lever, Project Engineer
Department of Public Works
City of Bremerton
3027 Olympus Ddve
Bremerton, WA 98310-4799
Subject: Casad Dam Tower Seismic Upgrades
Star Seismic Contract for Seismic Brace Procurement
Elimination of Cyclic Load Testing
We recommend elimination of cyclic load testing of a prototype seismic brace that is
currently part of the procurement contract with Star Seismic, Based on discussion
with Star Seismic we are confident that they can show that the AISI Type 316
stainless steel to be used for the core steel will have similar stress - strain
characteristics to the braces previously tested that were of a similar capacity.
Star Seismic has tested seismic braces in the range of 250 to 1200 kips yield
capacity in November 2002 at the University of California in San Diego. The seismic
braces required for tower upgrade are 300 kips yield capacity. We recommend in
lieu of cyclic load testing that Star Seismic provide the following:
,, Stress - strain curves based on testing of samples from the stainless steel to
be used in the fabrication.
· Stress - strain curve for the core steel used in the 300 kip brace tested in San
Diego for comparison with the stainless stress - strain curves.
· Rationale and calculations that show the Casad braces will meet or exceed
the performance requirements that are part of their contract.
Please give us a call if you any questions concerning our recommendation.
You.rs very)ruly,
/~//Project Engineer
Celebrating 75 years 1924-1599
STAR
SEISMIC
LLC
PROPOSAL NO. SSl112-1
PROJECT: Casad Dam Seismic Retrofit
Bremerton WA
April 9, 2003
To: Bremerton Public Works and Utilities
3027 Olympus Drive
Bremerton WA 98310
Arm: Ned Lever PE
Ph: 360-473-2398
Fax: 360-478-5398
CC: Jim Rutherford, ACRES Intl
Ph: 206-352-5730
Fax: 206-352-5734
Gentlemen:
We are pleased to present our proposal for the scope of work described beIow and in accordance with the terms
and conditions listed herein.
CHANGE ORDER #1
SCOPE OF WORK
Furnish stainless steel aOachments for the intake tower and at the dam to support the buckling restrained brace
frame STAR Seismic
PRICING Approx 17,900 lbs, Lump Sum Price = Total $128,661.00
Includes sales tax, FOB Trucks Jobsite
FURNISH 1. Stainless Steel rings at intake tower and stainless steel abutments at the dam to support the 6 braces
2. All bolls and pins
3. Placement Drawings for fabrication and erection
EXCLUSIONS 1. Engineering or design
2. Anchorages to concrete
3. Any work related to the gates or drives
4. Installation
Page 1 of 3
435.940.9222 I F= 435.655.007~
STAR
SEISMIC
LLC
SPECIAL NOTES I. One precons~uction meeting and one installation meeting is included.
2. Fit-up of the braces to the attachments to be perfomed in the shop.
SCHEDULE
To meet the original schedule for the braces per contract.
BID DOCUMENTS
Drawings from the City of Bremerton by ACRES International, 100% design submittal dated 4.7.2003,
Sheets 1 thru 9
Faxes from ACRES Intl dated 4.8.03, and 4.9.03, (2 pages total)
CLARIFICATIONS AND SPECIAL PROVISIONS
MATERIALS
1. ASTM A316L
2. BOLTS, PINS, and anchors as listed on drawings
SUBMITTALS
1. Mill Certificates for all steel
2. Welder certifications
3. Manufacture' Inspection Report
UNLOADISG, HANDLING, AND STORAGE
1. Unloading of the braces at the jobsite is by others.
2. Trucks shall unloaded within 2 hours of scheduled delivery time
GENERAL
This proposal n~y include conditions and/or terms that are in conflJc~ ~ith the general conditions, terms of payment or other
provisions stat~ in the bid documents In such ir~tances of conflict, STAR SEISMIC reserves the fight to adjust the price if
Page 2 of 3 4/23/2003
STAR
SEISMIC
LLC
damages consequenual or uthen,ds~.
7 This proposal is valid for thiroy (30) days and may be extended at STAR SEISMIC's option.
8. Resolu~on of disputes shall be by non-binding mediation and/or binding arbiuration.
9. Directions to proceed with revisions prior to wrR1en acceptance of the cost thereof will be taken as a guarantee by Purchaser that
TERMS OF PAYMENT
Per the Contract Documents
Thank you for the opportunity to bid this attractive project. We look forward to your favorable review of our
proposal. If you have any questions please call Argan Johnson Jr. or Steve Powell at 435-940-9222
Page 3 of 3 4/23/2003
SECTION 01010 - SUMMARY OF WORK
PART 1 -- GENERAL
1.1 DEFINITIONS
A. CONTRACTOR: Contractor under contract to the OWNER for "Casad Dam Intake Tower
Seismic Braces Fabrication & Supply." Contract includes fabrication, transport and supply
of seismic brace assemblies including saddle beams (3), collar plate segments (6), saddle
beam supports (6), dam connection brackets (6), seismic braces (6), connection pins (12)
and other materials as specified herein.
B. GENERAL CONTRACTOR: General construction contractor under contract to the
OWNER for "Casad Dam Intake Seismic Upgrades." General construction contract
includes installation of the seismic braces between Casad Dam and the intake tower.
1.2 THE REQUIREMENT
A. The WORK to be performed under this Contract shall consist of furnishing seismic
assemblies including all labor and transportation required for the fulfillment of the Contract
in strict accordance with the Contract Documents. The WORK shall be complete, and all
work, materials, and services not expressly indicated or called for in the Contract
Documents which may be necessary for the complete and proper construction of the
WORK in good faith shall be provided by the SUPPLIER as though originally so indicated,
at no increase in cost to the OWNER.
1.3 WORK COVERED BY CONTRACT DOCUMENTS
A. DESCRIPTION OF WORK: Fabricate and supply seismic brace assemblies. Elements
of work as follows:
· Formulate work plan including schedule.
· Seismic Brace Core Steel Testing and Reporting: Perform stress - strain tests
on a minimum of three representative samples taken from stainless steel
procured for the Casad Seismic braces. Plot stress - strain tests for each
sample with stress - strain curves for the previously non-stainless core steel
tested for 300 kip seismic brace.
· Design and Provide Shop Drawings with Design Computations: Six seismic
braces and twelve connection pins shall be designed to meet specified
performance requirements. Provide shop drawings for seismic brace
assemblies giving design details for review and evaluation by the Owner and
Engineer. Provide dual pin connection plates. With shop drawings include
design calculations showing the brace design meets the performance
requirement of the seismic braces. Previously published A 316 stainless
steel stress - strain curves may be used and later verified by core steel
sample testing.
· Participate in Pre-Fabrication Conference Call with Engineer. Provide
required submittals prior to conference call.
CASAD DAM INTAKE TOWER ,~- SUMMARY OF WORK
SEISMIC BRACES FABRICATION & SUPPLY ~ PAGE 01010-1
SECTION 01010 - SUMMARY OF WORK
· Fabricate Seismic Brace Assemblies: Fabricate seismic brace assemblies
according to approved shop drawings.
· Inspection of Seismic Brace Assemblies Prior to Shipment: Seismic brace
assemblies shall be inspected by the approved inspection team during
fabrication and pre-assembled to confirm fit-up prior to leaving the fabrication
shop. All welds shall be tested using non-destructive means. Provide
inspection test results including digital photographs documenting the
inspection process to the Engineer for review prior to shipment.
· Transport and Supply of Seismic Brace Assemblies: Provide transportation
to site or storage location at McKenna Falls Intake Facility as specified by
Owner. Facilitate acceptance inspection prior to, or during unloading.
· Provide record drawings showing as-fabricated details of seismic brace
assemblies.
B. The WORK is fabrication and supply.
1.4 CONTRACTING METHOD
A. The WORK hereunder will be under a single lump sum contract.
1.5 OWNER AND SUPPLIER RESPONSIBILITIES
A. OWNER's Responsibilities:
1. Review Shop Drawings, material and equipment data, samples, inspection reports and
other submittals.
2. Retum checked submittals within time specified indicating any exceptions taken.
3. On delivery, inspect material and equipment.
4. Submit claims for transportation damage.
5. Arrange for manufacturer's warranties, inspections, and service.
B. SUPPLIER's Responsibilities:
1. Prepare required submittals.
2. Respond to OWNER's review comments on returned submittals including Shop
Drawings, material and equipment data, and samples. Incorporate changes required
by the OWNER.
CASAD DAM INTAKE TOWER SUMMARY OF WORK
SEISMIC BRACES FABRICATION & SUPPLY "31_ PAGE 01010-2
SECTION 01010 - SUMMARY OF WORK
3. Transpor~ and unload material and equipment at site. Inspect for completeness or
damage jointly with OWNER.
4. Replace damaged or defective items.
1.6 WORK PLAN
A. SUPPLIER shall prepare a Work Plan and submit it to the OWNER 10 days prior to the start
of fabrication. The Work Plan shall include the following:
· Fabrication and Delivery Schedule
,, Submittal Schedule in accordance with Section 1300.
· Description of the proposed sequence of fabrication and delivery in accordance with
Section 01313.
· Quality Control Inspection Plan in accordance with Section 01400.
B. Approval of Work Plan required pdor to start of fabrication.
1.5 PRE-FABRICATION CONFERENCE
A. SUPPLIER shall schedule pre-fabrication conference phone call within 15 days after
commencement as stated in the Notice to Proceed.
PART 2 - PRODUCTS (Not Used)
PART 3- EXECUTION (Not Used)
- END OF SECTION -
CASAD DAM INTAKE TOWER SUMMARY Of WORK
SEISMIC BRACES FABRICATION & SUPPLY o~"7 PAGE 01010-3
SECTION 05101 - BRACE ASSEMBLY FABRICATION
PART 1 - GENERAL
1.1 SECTION INCLUDES
This Section covers fabricating and furnishing the following items:
A. Tower Collar
B. Tower Saddle Beam
C. Saddle Beam Support
D. Dam Connection Bracket
E. High Strength Threaded Rod and Nuts
1.2 RELATED SECTIONS
A. Section 05100 - Seismic Brace Fabrication
1.3 REFERENCE STANDARDS
A. The latest editions of the following reference standards apply to the Work in this section:
1. American Institute of Steel Construction (AISC) - Specification for Structural
Steel Buildings - Allowable Stress Design
2. AISC - Code of Standard Practice
3. AlSl - American Iron and Steel Institute
4. American Society for Non-Destructive Testing (ASNT)-SNT-TC-1A -
"Recommended Practice for Nondestructive Testing: Personnel Qualification and
Certification" American Society for Non-Destructive Testing, Columbus, Ohio
5. American Society of Testing Materials (ASTM) A167 - Standard Specification for
Stainless and Heat-Resisting Chromium-Nickel Steel Plate, Sheet, and Strip
6. ASTM A193 - Standard Specifications for Alloy-Steel and Stainless Steel Bolting
Materials for High-Temperature Service
7. ASTM A276 - Specification for Stainless Steel Bars and Shapes
8. ASTM A312 - Specification for Stainless Steel Pipes
9. ASTM El14 - Standard Practice for Ultrasonic Pulse-Echo Straight-Beam
Examination by the Contact Method
10. ASTM E165 - Standard Test Method for Liquid Penetrant Examination
BRACE ASSEMBLY FABRICATION
CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-1
SECTION 05101 - BRACE ASSEMBLY FABRICATION
11. ASTM E587 - Standard Practice for Ultrasonic Angle-Beam Examination by the
Contact Method
12. ASTM E709 - Standard Guide for Magnetic Padicle Examination
13. ASTM F 436 - Specification for Hardened Steel Washers
14. ASTM F 959 - Specification for Direct Tension Indicator Washers
15. American Welding Society (AWS) B.2.1 - Specification for Welding Procedure
and Performance
16. AWS D1.1 - Structural Welding Code
17, AWS D1.6 - Structural Welding Code - Stainless Steel
18. AWS D10.4 - Austenitic Chromium-Nickel Stainless Steel Piping and Tubing
1.4 BRACE ASSEMBLY
A. Tower Collar Plates (6): Fabricated as a cylindrical segment to fit tower geometry and
leave space for grout. Tower collars are fabricated from AlSl Type A316L stainless
steel plate with integral flange plates to connect to saddle beams and adjacent tower
collar plate. Flange plates with stiffeners utilize high strength threaded studs as
connectors. Prior to grouting the annular space between the tower and the collar plate,
anchors shall be installed for support.
B. Tower Saddle Beams (3): Tower saddle beam is fabricated from AlSl Type A316L
stainless steel with integral flange plates to connect to tower collar plates. Tower saddle
beams are supported by saddle beam support.
C. Saddle Beam Support (6): Saddle beam support is a knee brace designed to support
the saddle beam and Seismic Brace vertical component of load. A slide bearing pad is
installed on each saddle beam support. Fabricated from AlSl Type A316L stainless
steel.
D. Dam Connection Brackets (6): Dam connection brackets are fabricated from heavy AlSl
Type A316L stainless steel plate. Anchors are installed in three steps. Initially they are
installed with quick setting anchor adhesive. After anchor installation, dam connection
brackets are installed, bearing pad concrete is placed and anchors are tested. After
anchor testing, anchor grouting is completed with cement grout using grout tubes.
E. High Strength Threaded Rods and Nuts (60): High strength bolts and nuts connect
saddle beam to collar plates and collar plates to collar plates around the intake tower.
F. Seismic Braces (6) and Connection Pins (12)
BRACE ASSEMBLY FABRICATION
CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-2
SECTION 05101 - BRACE ASSEMBLY FABRICATION
1.5 SUBMITTALS
A. Shop Drawings for brace assembly at each elevation.
B. Erection plan as part of Work Plan for brace assembly at each elevation,
C. Fabrication and delivery schedule for fabrication items. Include dates for test assembly
and inspection,
D. Weld test results: Submit 2 working days prior to test assembly and inspection.
E. Welder's Certificates for the welders employed on the Work, verifying AWS qualification
within the previous 12 months. Submit prior to fabrication.
1.6 QUALITY ASSURANCE
A. Furnish/install/utilize modern materials and methods regarding structural steel
fabrication and perform Work in a manner that will best incorporate the most modern
materials and methods.
B. Prior to brace assembly erection, anchors on downstream face of dam shall be located
by survey. Required brace strut lengths shall be measured and installation plan
adjusted prior to installation.
C. Steel fabricators shall have at least five years of continuous recent experience in their
respective trades.
D. Welders shall be certified to current AWS certification standards by licensed third party
control agency.
1.7 SHIPMENT AND HANDLING
A. Prepare, pack and load fabricated and supplied materials for shipment in such a manner
that they are protected from damage during transportation to, and temporary storage at,
the Project site.
B. Match mark fabrications to ensure correct assembly and erection at the Site. Take
steps to protect match marks so they are not obliterated.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Stainless steel plates and bars fabrication shall be AISI Type 316L stainless conforming
to ASTM A167 and ASTM A 276,
BRACE ASSEMBLY FABRICATION
CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-3
SECTION 0510'1 - BRACE ASSEMBLY FABRICATION
B. Bolts, nuts and washers shall be AlSl Type 316 stainless steel.
C. High Strength (HS) Threaded Rods and Nuts: HS Threaded Rods. Supply HS threaded
rods are to be supplied with one nut secured in place flush with no threads projecting.
Manufacture HS threaded rods from cold worked AISI Type A316 stainless steel
meeting ASTM A276 requirements with 105 ksi minimum ultimate strength. Nuts for
studs shall be heavy hex type manufactured from A316 stainless steel meeting ASTM
A194 Grade 8M requirements.
D. Washers shall be stainless steel circular hardened washers conforming to ASTM F436.
E. Slide bearings shall consist of an elastomeric pad with a stainless bottom plate with an
overall thickness of 1 1/8 inch and maximum load capacity of 18 kips normal to bearing.
Slide bearing shall be Goodco brand series ETL, Model No. ETL 150813, or equal.
Distributor phone no. 604-980-5074.
F. Brace Assemblies and related items shall be accurately fabricated, free of injurious
laminations or other defects, true to line and free from warp or twist. Sheared edges of
stress-carrying plates over 5/8-inch thick shall be planed at least 1/8-inch. Sharp edges
shall be ground.
G. Filler Metal
1. Filler metal shall have a minimum tensile strength of 70 ksi and shall conform to
the appropriate AWS specification for the base metal and welding process being
used. Only Iow hydrogen electrodes shall be used for the manual SMAW
process. To maintain Iow moisture content for hydrogen electrodes, a controlled
temperature storage oven shall be used at the jobsite as prescribed by Article
4.5.2 (Low Hydrogen Electrode Storage Conditions) of AWS D1.1.
2. Electrodes used for welding stainless steel shall be selected according to Table
6 or 7 of AWS D10.4. E308 electrodes shall be used for welding Type 304
stainless steel, unless otherwise required.
2.2 FABRICATION
A. Shop-assemble pieces to ensure proper fit-up at the site.
B. Match mark pieces for assembly in the field.
C. Fabricate the structural and miscellaneous steel in strict accordance with the reviewed
Shop Drawings and reference standards.
D. Items shall be fabricated to the tolerances indicated on the Drawings, or if not specified,
to accepted industry standards.
E. Holes required for bolted connections may be punched or drilled. Do not use burned
holes.
BRACE ASSEMBLY FABRICATION
CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-4
SECTION 05101 - BRACE ASSEMBLY FABRICATION
2.3 CONNECTIONS
A. Welding shall conform to ANSI/AWS D1.1-90. Welding shall be carried out by welders
or welding operators certified for the weld and positions executed to current AWS
certification standards by a licensed third party control agency.
B. Minimum weld shall be 1/4 inch fillet weld unless noted otherwise.
2.4 SURFACE PREPARATION
A. Generah Weld splatters, burns and other objectionable irregularities shall be removed or
repaired per SSPC-SP3. Oil, grease and dirt shall be removed from the surfaces by the
use of suitable solvents and clean wiping materials, per SSPC-SPI.
PART 3 - EXECUTION
3.1 FABRICATION
A. Metal fabrications shall be placed accurately in location, alignment and elevation, plumb,
level, true and free of rack, measured from established lines and levels.
B. Fit exposed connections together to form tight hairline joints.
3.2 WELDING
A. General
1. Welding shall conform to the applicable provisions of Sections 1 through 7 and
Sections 9 and 10 of AWS D1.1 unless otherwise specified.
2. Welding shall be performed by shielded metal arc (SMAW), submerged arc
(SAW), gas metal arc (GMAW), or flux cored arc (FCAW) welding processes.
Gas tungsten arc (GTAW) welding may also be used where necessary, subject
to acceptance by Engineer.
3. Welds shall be continuous unless otherwise shown on the Drawings.
Welding shall be carried out according to qualified procedures and by qualified
welders under qualified supervision.
4. Welding shall be subject to inspection by Engineer. Weldments shall be
identified with Fabricator's and welder's or welding operator's assigned symbol.
B. Welding Procedures
1. Joints in structural steels shall be pre-qualified or qualified in conformance with
the provisions of Sections 2, 3, 4 and 9 and applicable provisions of Section 10
of AWS D1.1. Procedures shall be qualified by tests as required and prescribed
BRACE ASSEMBLY FABRICATION
CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-5
SECTION 05101 - BRACE ASSEMBLY FABRICATION
in Section 5 of AWS D1.1 except for pre-qualified procedures as described in
Article 5.1 of AWS D1.1.
2. Pre-qualified welding procedures need not be submitted to Engineer for
acceptance. Qualified procedures and qualification records shall be submitted to
Engineer for acceptance. Current copies of these procedures must be available
for welding personnel and Engineer's inspectors, for their examination.
3. Collar plate flanges shall be fit up at time of welding to achieve tight fit without
causing bending in the collar plates while maintaining the required collar plate
radius.
4. Pin connection plates shall be manufactured to fit connection pins to assure
smooth fit up with Seismic Braces.
C. Welders and Welding Operators
1. Welders and welding operators shall be qualified for the particular type of work
to be done. Qualification shall be in accordance with Section 5, Part C of AWS
D1.1 for joints in structural steel, and Section 3 of AWS B2.1 for joints involving
stainless steel, and applicable section of AWS D1.4 and AWS D1.6.
2. Welder qualification records shall be available for examination and acceptance
by Engineer's inspector.
D. Supervision and Inspection
1. Welding of the brace assembly and related items shall.be carried out under
supervision of a certified welding superintendent, welding engineer, or welding
inspector. Inspect work at least twice during fabrication and once after
completion. Coordinate inspections with Engineer. Inspection shall be in
conformance with Section 6, Part A of AWS D1.1.
2. Prior to any welding, the base metal shall be visually inspected to assure
compliance with Section 3 of AWS D1.1. Welds shall be visually inspected for
compliance with Section 9, Part D of AWS D1.1, and applicable section of AWS
D1.4 and AWS D1.6.
3. Costs associated with welding inspection shall be borne by Fabricator. Copies of
the testing and inspection reports to be submitted to Engineer.
E. Non-Destructive Testing
1. Provide written notice to Engineer 10 days prior to testing. The Engineer shall
be present during shop testing.
2. Conduct ultrasonic testing following Brace Assembly welds:
a. Weld attachments to collar plates
b. Stiffener welds.
BRACE ASSEMBLY FABRICATION
CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-6
SECTION 05101 - BRACE ASSEMBLY FABRICATION
c. Pin connection plate welds.
3. The extent of inspection shall be as follows:
a. Manual and semi-automatic weld: 100 percent inspection.
b. Automatic welds for 2-foot increment at start and stop and 10 percent on
remainder.
4. Stainless steel welds shall be dye penetrant tested.
5. If defects requiring repair are found during inspection, Engineer may require
additional inspection of a 10 percent joint footage at no additional cost to Owner.
If defects requiring repair continue to be evident, Engineer shall require 100
percent inspection at no additional cost to Owner.
6. Fabricator may select liquid penetrant or ultrasonic inspection in lieu of magnetic
particle inspection to demonstrate to Engineer the quality of the welds. Liquid
penetrant inspection shall be in accordance with ASTM E165. Acceptance
criteria shall be as described by Section 9, Part D of AWS D1.1, and applicable
section of AWS D1.4 and AWS D1.6.
7. Non-destructive testing shall be performed by personnel qualified and certified in
accordance with recommendations of ASNT-SNT-TC-1A.
3.3 SHOP INSPECTION AND ASSEMBLY
A. Prepare complete inventory list of components supplied under this contract.
B. Assemble and facilitate inspection by the approved inspection and testing team..
Arrange and complete shop assembly of entire brace assembly for each of the three
elevations. Plan final test assembly and inspection in accordance with the approved
inspection plan. Notify the approved testing team and Engineer at least 5 calendar days
prior to final test assembly. Document all inspections with digital photography and
detailed notes. Provide clear match marking for all components to assure smooth
assembly at the site.
3.4 REPAIR OF DAMAGED EQUIPMENT
A. Damage to equipment cased by fault or negligence of Contractor in handling, storage,
erection, or installation shall be repaired by the equipment manufacturer or Contractor,
as determined by Engineer, at the expense of the Contractor.
END OF SECTION
BRACE ASSEMBLY FABRICATION
CASAD DAM INTAKE TOWER SEISMIC UPGRADE PAGE 05101-7
DATE SUBMITTED: April 21, 2003 BILL # ~) 5 ~- ~) ~ o
AGENDA BILL
CITY OF BREMERTON 3~
CITY COUNCIL
SUBJECT: Award Contract for Purchase of Committee Meeting Date: May 6, 2003
Water Booster Pumps & Electric Motors COUNCIL MEETING Date: May 14, 2003
Department: PW& U Engineering .
Presenter: Robert Earl ~2~
Phone: 478-5344
SUMMARY: Sealed bids for Purchase Of Water Booster Pumps & Electric Motors for Pump
Station No. 8 (a West 650 Pressure Zone Improvements project) were opened on May 1, 2003. The
engineer's estimate for the j~urchase is $65~000, including Washington State sales tax. O~ ~
~id~5/ r~c~7~-~ O F'~inc~udiT~i~S~ate sales t2xU~mitted the lowest responsive bid of
ATTACHMENTS: 1 .) Bid Tabulation; 2.) Project Map
FISCAL IMPACTS (Include Budgeted Amount): None; Pumps and motors are included in the
$825,000 budget for Pump Station No. 8.
APPROVALS: /~
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
MAYOR:
FISCAL/BUDGET: & (~ ~___~ ~ ~
COUNCIL PRESIDENT: ~.~zaf~. r/,/~~
RECOMMENDED MOTION: Move to award a contract in the mount of $ 7.5t :~"-q~'. 3 ~
to ~r¥1? "f"~c-)tl , :L-Yl C~, for purchase of water booster pumps and electric motors and
authorize the Mayor'to execute the necessary contract documents for purchase.
AGENDA STATUS:
Consent []
New Business []
Old Business []
Ordinance []
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution []
Public Hearing []
Information []
..~' Study Session []
o i I
z o ~
~. LU ~
Ltl
LUI'- ~ ~
~ ~ z
~ o x
DATE SUBMITTED: BILL # O ,3" 0 ~ /
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Appointment to City Bo~d Commi~ee Meeting Date: May ~2003
Bremenon Housing Authority CO~CIL MEET~G Date: ~ ~ I ~ 2OO~
Depmment: Executive
Presenter: Sheffil HuffMenees
Phone: 478-5268
SUMMARY: ~e Mayor is recommending the appoin~ent of C~stopher Holden to fill a vac~cy
on the Bremenon Housing Authority Bo~d of Co~issionem effective in July, 2003. If appointed
Mr. Holden would fill ~e expired te~ of Butch D~lop.
ATTACHMENTS: Application and supporting information of Christopher Holden
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
CITY ATTORNEY:
FISCAL/BUDGET: ~'~
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move approval of Christopher Holden to fill a vacancy on the
Bremerton Housing Authority Board of Commissioners, the term to become effective in July, 2003.
AGENDA STATUS:
Consent
(' ~ Business
Old Business
Ordinance
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution
Public Hearing
Information
,3 ~ gmdv ge~ion
NHY ARE YOU APPLYING FOR THIS APOINTMENT?
am seeking appointment to the Bremerton Housing Authority Board of Commissioners primarily because it
~/ould provide an opportunity to use my extensive affordable housing experience in service of the
~ommunity in which I live. I also have substantial regional and national contacts among public and private
~ffordable housing funders, and look forward to bringing more of these resources to the revitalization of
~remerton.
~/HICH OF YOUR PERSONAL AND/OR PROFESSIONAL INTERESTS PROMPTED YOU TO APPLY
FOR THIS APPOINTMENT:
I am the administrator of a self-help predevelopment lending program, an affordable housing technical
~ssistance provider, and part of the Housing Division management team at Northwest Regional Facilitators
~a regional nonprofit affordable housing intermediary organization). My work is focused on development of
affordable homeownership and rental housing projects and programs, and I would like to carry these skills
3ver to the benefit of Bremerton (I moved here from Washington, DC, two years ago to take my current
3osition). Community revitalization is an important goal for me, especially since I am a new homeowner in
E~remerton. Finally, my wife volunteers for Washington CASH, a small business microlending program.
Many of her clients have been Bremerton Housing Authority clients and residents at West Park. I would
like to lend my housing expertise to efforts that contribute to the improvement of that project and promoting
self-sufficiency among its residents.
HAVE YOU SERVED ON ANY OTHER BREMERTON BOARD, COMMISSION, COMMITTEE OR TASK
FORCE? IF YES, PLEASE LIST: No.
PLEASE LIST YOUR QUALIFICATIONS FOR THIS APPOINTMENT (INCLUDE SKILLS, ACTIVITIES,
TRAINING, EDUCATION): I have worked in the affordable housing field as both a researcher and
practioner, and prior to that taught Political Science at the college level for almost five years. My skills
include statistical and qualitative research, affordable housing technical assistance and program
development, fundraising/grant writing and public relations. Please see attached resume for details.
WHAT ARE YOUR COMMUNITY INTERESTS (COMMITTEES, ORGANIZATIONS, SPECIAL
ACTIVITIES)? As a recent in-mover to Bremerton and homeowner, and employee of a nonprofit housing
organization, I have not had much time to pursue additional volunteer opportunities. However, I have spent
much of my free time renovating my home, working with neighbors to improve our neighborhood's
appearance and safety, and hiring/training Washington CASH microlending clients for work on my house.
We welcome your willingness to serve Bremerton. Please return this completed form to:
Mayor's Office (360) 478-5266
239 4th Street (360) 478-5883 FAX
Bremerton, WA 98337 E-maih mayor@ci.bremerton.wa.us
April 10, 2003
Mr. Cary Bozeman, Mayor
City of Bremerton /~/3~ ~ 2~
Mayor's Office
239 4th Street ~
Bremerton, WA 98337
Dear Mayor Bozeman:
I am writing to seek appointment to the Bremerton Housing Authority Board of
Commissioners. I understand that a vacancy will open up in the next couple of months. I
would very much like the opportunity to contribute my considerable affordable housing
experience to the ongoing revitalization of Bremerton through participation on the
housing authority's Board of Commissioners.
My wife and I moved to Bremerton almost two years ago. We have been excited to see
the energy and enthusiasm among Bremerton residents for the various revitalization
initiatives, including the downtown waterfront redevelopment, the new government
centers and planning for the revitalization of the West Park public housing project. We
feel fortunate that we have been able to purchase a home in this community, and have
enjoyed working with our neighbors to improve the appearance and safety of our
neighborhood.
Attached is the application for appointment to City Boards/Commissions/Committees,
and a copy of my resume. Please contact me if you require additional information or
have questions about my interest in this appointment. Thank you very much for the
opportunity to contribute to my adopted community.
Sincerely,
~0
CHRISTOPHER HOLDEN
Northwest Regional Facilitators
EXPERIENCE
Northwest Regional Facilitators August 2001-Present
Housing & Community Development Specialist III
· Administrator of Self-Help Homeownership Opportunity Program (SHOP), a predevelopment loan program
supporting mutual self-help homeownership projects. Duties also include facilitating new partnership
development, training and technical assistance for affordable housing sponsors, especially in the area of
farmworker housing development, marketing and outreach.
Housing Assistance Council June 1995-June 2001
Research Associate/Project Manager
· Responsible for contract management, partnership development, policy analysis/program evaluation,
conducting research studies, public presentations, drafting articles, and editing publications. Research
emphasis on qualitative field research, with database analysis experience. Project manager for national
survey of farmworker housing conditions. Areas of research include farmworker housing development, the
Section 8 rental assistance programs, homeless assistance in rural areas, innovative homeownership programs
and self-help housing development, the CDBG and HOME programs, and elderly housing development.
Other areas of research have involved work on Appalachian housing conditions, welfare reform, and the PHS
Section 502 homeownership programs.
American University Fall 1995
Adjunct Professor, Government
· Taught introductory American politics course. Responsible for course development and student evaluation.
Topics included structure of U.S. government, the political party system, the federal budget process, social
movement theory, urban politics, race and politics and selected special issues.
Keene State College 1990-1994
Adjunct Professor, Political Science
· Developed and taught courses from the introductory level to advanced senior seminars. Coarses included
American Politics, Urban Politics, Seminar on Race and Politics, International Relations and Foreign Policy,
and Comparative Politics/Politics of Developing Areas.
EDUCATION
Yale University 1989-present
All But Dissertation for Ph.D., Political Science
Yale University 1989
M.A., African-American Studies
· Graduated with Distinction
Oberlin College 1987
B.A., English
· Graduated with High Honors
Phi Beta Kappa
SELECTED RESEARCH AND PUBLICATIONS
No Refuge from the Fields: Findings from a Survey of Farmworker Housing Conditions in the United States, with
Lance George and Adrienne Smith (Housing Assistance Council, September 2001)
Federal Programs and Local Organizations: Meeting the Housing Needs of Rural Seniors (Housing Assistance
Council, February 2001 ).
"Should We Do It Ourselves or Hire Someone Else?" A Rural Property Management Planning Guide. (Housing
Assistance Council, November 2000).
Abundant Fields, Meager Shelter: Findings fi'om a Survey of Farmworker Housing in the Eastern Migrant Stream
(Housing Assistance Council, October 2000).
A Location Analysis of Prepayment-Eligible Rural Rental Housing and Nonprofit Capacity to Preserve Section
515 Projects, with Theresa Singleton (Housing Assistance Council, August 2000 First Draft).
Case Studies on Rural Housing and Welfitre Reform (Housing Assistance Council, 1998, under review at the U.S.
Dept. of Housing and Urban Development), with Theresa Singleton, Leslie R. Strauss, and Ruth Wielgosz.
Fair Housing, the Zoning Process and Land Use Politics in Rural Areas (Housing Assistance Council, 1998).
The Use of HOME in Rural Areas (Housing Assistance Council, 1998).
Leveraging Funds for Farmworker Housing Development (Housing Assistance Council, 1998).
HOME, CDBG and Farmworker Housing (Housing Assistance Council, 1997).
The Self-Help Housing Development Process in Rural Areas (Housing Assistance Council, 1997).
Mobility and Economic Self-Sufficiency of Section 8 Participants in Rural Areas (Housing Assistance Council,
1997), with Nancy Legato.
The Section 8 Certificate and Voucher Program: Impact of Fair Market Rent Changes in Nonmetropolitan Areas
(Housing Assistance Council, 1996), with Surabhi Dabir.
COMPUTER SKILLS
Wordperfect 9.0, Microsoft Office Suite (Word, Excel, Access), Microsoft Publisher,
Microsoft Explorer, Netscape Navigator, Lotus Notes, Quattro Pro
REFERENCES
· Linda Hugo, Director, Housing Services Division, Northwest Regional Facilitators, 232 Washington Avenue,
Suite 102, Sinclair Building, Bremerton, WA 98337, 360-377-7738
· Moises Loza, Executive Director, Housing Assistance Council, 1025 Vermont Ave., NW, Suite 606,
Washington, DC 20005, 202-842-8600
· Dr. Gordon J. Leversee, Dean of Sciences, Keene State College, Keene, NH 03435-2001,
603-358-2544
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: May 14, 2003
HOME Recommendation ORIGINATING DEPT.: Dept. of Comm. Dev.
ORIGINATOR: Marylyn Waibel ~-~)~.
DATE SUBMITTED: April 21, 2003
2. CLEARANCES: 3. EXHIBITS:
~-~d~ LIHI Application
City Attorney ~-~
DCD Director ~,.Q '~ ~ ~ ~-.~..
Fiscal and Budget Co"' '- mn~t~e '~
Operations Committe~~
ENDORSEMENT~X_X_X_X_X_X_X_X_X_~O~ATION__~PRO~D BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
As a member of the Kitsap County HOME Consortium, the City of Bremerton receives an annual
allocation of HOME funds fi.om the Department of Housing and Urban Development (HUD) to expand
the supply of safe, sanitary and affordable housing for low income persons.
The Low Income Housing Institute (LIHI) is requesting a deferred loan of $740,000.00 in HOME
funds to rehabilitate the property at 704 Chester (Chester Terrace Apartmems). The total development
budget will be $7,165,186.00.
Affordable safe family housing is needed in Bremerton. The City's HOME policy allows for projects
that promote rehabilitation and renovation of existing buildings. LIHI has the demonstrated ability to
develop the project. We recommend approval of the funds.
8. RECOMMENDATION:
I move to allocate $740,000.00 fi.om the HOME program to LIHI to rehabilitate the property at 704
Chester.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIA L:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED. DISAPPROVED AMENDED
COUNCIL DIRECTIVE:
A ENDA BILL NO O3--
2. CLEARANCE COMMENTS:
None
5. IMPACT ON NON-PASSAGE:
Project will not be developed
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Funds ava±~lable ±n HUD HOIVl~ Program.
7. RESEARCH SOURCES:
Bremerton HUD
HOME
2003 PROJECT APPLICATION
APPLICANT INFORMATION
1. General Applicant Information
Applicant:
Low Income Housing Institute, as managing member of Chester Manor LLC
Address: I City: State: Zip Code:
2407 First Avenue, Suite 200 I Seattle WA 98121-1311
Contact person Title
Don Riddelt Housing Developer
Telephone number:
206/443-9935 Ext. 128
Title and Signat~ of Authorize~l Official
2. APPLICANT ADMINISTRATIVE PROFILE.
The Low Income Housing Institute (LIHI), was formed in 1991 with the goal of
providing affordable housing in Seattle and the surrounding communities. LIHI's
mission is to develop, own and operate housing for the benefit of low-income families
and individuals in Washington state; encourage the active participation of residents in
the management of their housing; and advocate for just housing policies at the local
and national levels. The agency has four lines of business: Housing Development,
Housing Management, Advocacy and Technical Assistance.
LIHI has grown to be one of the most productive nonprofit housing developers in the
Pacific Northwest. LIHI has completed the development of over 2,500 units. LIHI
owns 1,250 units and provides housing for over 5,000 people. We have raised $250
million in capital, operating and support service funds. Currently, LIHI owns 40
properties. These properties include over 60,000 SF of retail/commercial/social service
space. A listing of all the projects completed and under development is attached to this
application.
LIHI's focus has been to develop housing for underserved populations, in particular for
households with incomes between at or below 30% of area median income and
between 30 and 50% of median income. An estimated 66% of LIHI's housing is
affordable long-term to homeless and very low-income households with incomes at or
below 30% of area median income.
LIHI develops and owns housing serving diverse population groups. Approximately
one-third of LIHI's units provide housing for families with children; one-third elderly,
disabled and single individuals; and one-third formerly homeless people. In addition,
LIHI's housing development efforts have focused in the following areas: developing
mutual housing comanunities; saving Section 8 and other at-risk housing; preserving
historic buildings; and partnering with grassroots, community and faith-based
organizations to house the very poor.
LIHI will own the Chester Manor project as part o£a limited liability company, which
will include a low income housing tax credit investor. LIHI will be the managing
member, and will be responsible for all development activities.
In fulfilling its mission, LIHI has made significant contributions at the state and local
level in housing advocacy, low-income housing preservation and community
reinvestment.
Additional organizational information about LIHI and its development and property
management staff is also attached.
Is the Organization applying as a CHDO? ( ) No (X) Yes
If Yes:
* Do you want the application to be considered for both the CHDO set-aside and
the general
HOME funds (X) Yes ( ) No
* Attach CHDO checklist or predetermination
PROJECT INFORMATION
3. Projected Use of HOME funds
Proposed project: Tenure of recipients: check one
( ) New construction (X) Renters
(X) Substantial rehabilitation ( ) Owners
( ) Moderate rehabilitation
( ) 1 st Time Homeowner
( ) Tenant Based-Assistance
( ) Other
1. NEED FOR 'I'HE PROJECT.
This project involves the acquisition and substantial renovation of the Chester Manor
Apartments located at 704 Chester Avenue in the City of Bremerton. The building was
originally constructed in 1918, with additional wings added in approximately 1942 and 1963.
The building was the original site of Harrison Memorial Hospital, and was converted to
residential apartment units in 1981. The building currently contains 57 apartment units, with
47 units containing kitchens, bathrooms and separate living areas and 10 units providing only
sleeping and toilet facilities.
Due to the age of the building and the lack of ongoing repairs and maintenance by the prior
owner, the building has fallen into disrepair. Substantial repairs and upgrades are needed to
the interior and exterior walls, roof, interior fixtures and finishes, appliances, mechanical,
electric and plumbing systems and the fire protection system. The building also contains
hazardous materials, including lead based paint, asbestos containing building materials, and an
underground storage tank, which will be abated in the course of the building's renovation.
The condition of the building is substandard. The tenants faced housing conditions which
were unsafe. The building has been cited by the City of Bremerton for various housing code
violations. The dilapidated and mn-down condition of the building has created an undesirable
housing environment. The building has been the source of various problems within the
community, including criminal activity. The City of Bremerton has been forced to expend
considerable time and resources addressing the problems associated with this building. If the
building continues to deteriorate, these problems will continue.
The market study commissioned for this project shows a definite need for the preservation of
this affordable housing. The study completed by Columbia Valuation Group concludes that
there is a chronically low vacancy rate associated with low-income housing in the area. A
copy of the market study is attached. The immediate neighborhood surrounding Chester
Manor (defined as a 1 mile radius) has a current population of approximately 13,005 residents
According to the market study, 28% of the households in the neighborhood have incomes
between $0 and $15,000, and 27% of the households have incomes between $15,000 and
$25,000. Fifty percent of median income for a family of four in Kitsap County is $25,750.
The market rate housing surveyed in the study show rental rates above the rental schedule
proposed for this project. The supply of affordable, market rate apartment units in the area is
seen as inadequate. Existing vacancy rates are considered "abnormally low" as reported by
Dupre and Scott in its recent report for the Bremerton area. The market rate properties
surveyed in the study reported vacancy rates of zero to 2.9%
The market study also surveyed 6-rent-restricted housing projects in the area, and determined
that all the rent restricted properties have zero current vacancies. The manager of each
property reports that waiting lists are required. A significant number of the existing rent
restricted units are reserved only for low-income seniors, and not available to general, low-
~ncome tenants. The Bremerton Housing Authority reports that is now has an active waiting
list of nearly 1,200. Once on the waiting list, applicants can wait between 24 and 36 months.
The project is consistent with the City of Bremerton's Growth Management Plan and the
Kitsap County HOME Consortium Plan 2001-2005.
CONSISTENCY WITH GROWTH PLAN.
The project is consistent with the City of Bremerton's Growth Management Plan and the
Kitsap County HOME Consortium Plan 2001-2005.
With respect to affordable housing, several of the key Plan objectives are:
(i) Increase the stock of affordable units throughout the County (except in
Bremerton where an increase in rental units will be considered only when
dilapidated structures are demolished or rehabilitated) through
preservation, rehabilitation and construction.
(ii) Improve the safety and livability of neighborhoods through revitalization
and/or demolition of inappropriate or dilapidated structures.
Within the City of Bremerton, the only way to increase the number of affordable housing
units is by demolishing or rehabilitating dilapidated structures. New construction of low-
income rental units is not a goal within the City. In its present condition, the Chester
Manor building is a dilapidated structure, and a major renovation of this run-down
building is the only way to preserve 57 units of low-income housing. If the building were
to be demolished, only 15 replacement units of low-income housing could be re-built.
There is a need for high quality, affordable housing within the City of Bremerton. This
project will increase the supply of this needed housing, and eliminate an unwanted
housing situation.
5. GENERAL PROJECT INFORMATION.
This project involves the acquisition and substantial renovation of the property. LIHI's goal is to turn
the building into high quality, affordable housing. The building will be substantially renovated and up-
graded to provide safe, decent and clean affordable housing for low and very low-income households.
L1HI will make the housing available to a range of households in need of affordable housing.
The building was acquired on March 6, 2002 by the Chester Manor LLC, with LIHI as the managing
member. Funds for the acquisition of the property were provided by the City of Bremerton in the
amount of $602,444. When the property was acquired, the tenants were living in substandard housing
conditions. Emergency repairs have been since acquisition, but the building remains in a dilapidated
condition. It was decided that the building should be closed down early in anticipation of the rehab
work. As of February 1, 2003, the building has been closed down and secured. A resident caretaker
remains on site to keep the property secure and clean.
The tenants have been temporarily relocated fi.om the building until the renovation work begins. All the
tenants were relocated to better quality housing than existed at Chester Manor. Temporarily relocated
tenants will be given an opportunity to move back into a newly remodeled unit when the construction
work is complete. Relocation efforts are being carried out in accordance with the Uniform Relocation
Act. Eligible tenants are receiving a rent differential payment and utility allowance so that their rent
payments are not increased.
L1HI has secured $3.7 million in an allocation of tax credits fi.om the Housing Finance Commission, and
has submitted an application to the State Housing Trust Fund for $1.75 million.
The planned renovation of the existing building involves extensive demolition of the building's interior,
and reconstruction of the floors and reconfiguration of all housing units. Removal of many of the non-
beating interior partitions, interior fmishes and fixtures will permit a redesign of the apartment layouts.
There will be a mix of studio and one-bedroom units. Each unit will have a tull kitchenette and
bathroom, with closets in the bedrooms (and closets in the studio units). Laundry rooms will be
provided on all three main floors.
The extensive renovation will include upgrades to plumbing, electrical and fire sprinkler systems. New
ventilation systems (bath and kitchen exhaust, as well as common areas) will be installed. There will
also be structural upgrades made to the building, which will include the addition of plywood sheathing
to roofs, walls and floors, and concrete or masonry inflll walls between selected colnnms supporting the
east wing.
The building will be upgraded to Type V one-hour rated construction, instead of the current Type V-N.
Interior corridors will also be one-hour rated. An area separation wall will be built to divide the building
into two paris to meet maximum area restrictions of the building code.
The exterior of the building will be repaired and repainted, and a new composition shingle roof installed.
A successful renovation will turn a substandard and problem housing property into a community asset,
After the renovation of the property is completed, all of the units will be maintained as affordable
housing units. Ten of the housing units are already designated as HOME units in coanection with the
ttOME tunds provided by the City of Bremerton to finance the acquisition of the property.
The project has received an allocation of low income housing tax credits from the Housing Finance
Commission. The tax credit allocation requires that 40% percent of the units will be affordable to
households at 30% of area median income, and 50% of the units will be affordable to households at 50%
of area median income. The Housing Finance Commission requires long-term rent restrictions. The
project is also applying for tunds from the State Housing Trust Fund. The Housing Trust Fund will also
require a restrictive use agreement in connection with its funding to maintain affordability.
Explain how the project is consistent with the CHAS
Components of the CHAS Plan include using HOME funds to:
(i) Continue and expand existing housing rehabilitation programs to
provide below market rate housing rehabilitation loan to owners of rental property
serving very low and low-income tenants.
The successful renovation of this building and conversion to affordable housing will
expand the supply of decent, safe, sanitary and affordable housing within the City of
Bremerton. Existing, substandard housing, which is a source of problems within the
community will be rehabilitated and improved. The project, when fully funded, will be
leveraged with other public and private funds.
The specific CHAS component to be achieved is the use of HOME funds to provide a
housing rehabilitation loan for rental property serving very low and low-income
tenants.
Project address: [ City: [ State: Zip Code:
704 Chester Avenue ] BremertoI WA 98377
n
Identify the service area:
City o f Bretnerton
6. SOURCE OF FUNDING. Please list the sources of all funds required to complete
the project. Below the general categories outlined, list specific sources. Indicate if the
amounts are committed, conditional or tentative.
Source Committed Conditional Tentative
a. Federal:
Low Income Housing Tax Credits $ 3,732,336 $ : $
(LIHTC)
b. State:
Office of Community $ $ $ 1,750,000
Development
(OCD) (Housing Trust Fund)
c. Local:
City of Bremerton HOME Funds $ 625,850 $ $ 740,000
d. Local: $ $ $125,000
Kitsap County HOME Funds
e. LIHI: $192,000 $ $
g. Subtotals: $4,550,186 $ $2,615,000
h. TOTAL ALL FUNDING SOURCES $ 7,165,186
Development Budget is Attached.
7. Uses of Financing - Ali Funding Sources
List the amount needed for each cost and indicate the anticipated fundin~ source.
Project cost Amoun! Subtotal Source of Funds
ACQUISITION:
Purchase Price $600,000 City of Bremerton
Liens and Other Taxes HOME Funds
Closing and Recording Costs $2~444~ Ciw of Bremerton
HOME Funds
SUBTOTAL: $602,444
PRE-DEVELOPMENT COSTS
Appraisal/Market Study $9,500 CiW of Bremerton
Architect $419,133 City of Bremerton
Engineering $(inchided above)
Legal $20,000 City of Bremerton
$30,000 Tax Credits
Other: Environmental Assessment $5,180 City of Bremerton
Site Survey $6,400 City of Bremerton
Environmental Consultant $19,000 City of Bremerton
$509,213
SUBTOTAL:
CONSTRUCTION COSTS
New Conslruction
Rehabilitation $4,043,778 Tax Credits/HTF/
Infrastructure Improvements Kitsap County
Contingency ( 15 %) $606,567 Tax Credits/HTF/
Kitsap County
Hazardous Materials Abatement $5T270 Tax Credits/I-ITF/
K/tsap Count3,
Project Management $254,000 Tax Credits/HTF/
LIHI
Permits and Fees $44~00Q City of Bremerton
Sales Tax $343,721 Tax Credits/HTF/
Kitsap Count~
SUBTOTAL: $5,349,336_
DEVELOPMENT COSTS '
Real Estate Taxes $5,520 City of Bremerton
Insurance i $17,500 City of Bremerton
Developer Fee $254,000 Tax Credits/HTF/
LIHI
Relocation $137,500 City of Bremerton/
Tax Credits
Other Bidding Costs $12,000 City of Bremerton
Development Period Utilities $26,857 Cit~ of Bremerton
Permanent Loan Fees $35,000 HTF
Tax Credit Fees $45,816 City of Bremerton
Accounting/Audit $12,000 Tax Credits
Marketing/Leasing Expenses $4,000 Tax Credits
Carrying Costs at Rent up $20~000 Tax Credits
Operating Reserves $62,000 Tax Credits
Replacement Reserves $28,000 Tax__Credits.
Support of Local Housing $16,000 Tax Credits
Permanent Financing Costs $25,000 City of Bremerton
Misc. Development Costs $3,000 Tax Credits
SUBTOTAL: $704,193
OPERATING COSTS
Services
RenffMortgage Subsidies
Operating
Other
SUBTOTAL:
TOTAL PROJECT COST $7,165,186
8. Sources of Cost Estimates
Summarize the source(s) of the cost estimates
Cost estimates are based on the following:
Acquisition Costs
-Purchase Price - Actual purchase price.
-Closing Costs - Actual closing costs.
Pre-Development Costs
-AppraisaVMarket Study - Actual cost.
-Architect (including engineering costs) - 11% of base construction contract. Based on estimate provided
by architect.
-Legal - Legal expenses related to property acquisition; LLC formation; tax credit compIiance and
syndication; and other legal expenses. Based on actual expenses and estimate provided by attorney.
-Environmental Consultant - Supervision of haz mat abatement plan. Based on estimate provided by
environmental consultant..
-Site Survey - LIHI estimate.
Construction Costs
- Base rehab/constmction contract - Based on rehab scope of work and cost estimates prepared by
architect.
- ConsWaction contingency - 15 % of base rehab/constmction contract.
- Haz Mat Abatement - Removal and abatement of lead based paint, asbestos containing materials, and
decommissioning of an underground storage tank. Based on estimate provided by ATC Associates.
- Permits/Fees - Estimated at 1.0% of base rehab/constmction contract.
-Sales Tax - 8.5%
Development Costs
- Real Estate Taxes - Based on actual real estate taxes.
- Insurance - Based on estimate provided by insurance broker.
-Developer Fee - 3.6%.
-Project Management Fee - 3.6%.
- Relocation Costs - Based on 18 households receiving URA benefits at $4,500 per household.
- Bidding Costs - Preparation of bid materials, copying charges, ad cost. LIHI estimate.
- Development Period Utilities - Based on an 18 month holding period. LIHI estimate.
- Permanent Loan Fees - 2% loan fee to HTF.
- Accounting/Audit - Estimate for accounting, project close out and audit.
- Marketing/Leasing Expenses - Estimated at $75 per unit.
- Carrying Costs at Rent up - Estimated at $350 per unit.
- Operating Reserves - Equal to 3 months of operating expenses.
- Replacement Reserves - Equal to 2 years replacement reserves.
- Support of Local Housing. LIHTC donation in support of local housing. Required by HFC.
9. Total Per Unit Cost
TotalProject Development Cost: $ 7d65,186.
Total Number of Units in the Project 56
Cost per unit $ 127,950
I0. Match Contribution
Provide the amount of the match and a detailed description of the source of the contribution. (For
example if the contribution is cash, land or real property, describe where it is coming from; if the match
is donated or voluntar3, labor describe who will provide it....).Include the status of the contribution, is it
committed, conditional, or tentative, explain.
d. Description of match contribution:
a. Total HOME funds requested $1,365,850.
($602,850 in HOME funds previously awarded by The project is also applying for funds from the
the City of Bremerton. $740,000 in HOME funds State Housing Trust Fund in the amount of
requested with this application.) $1,750,000. Application to Housing Trust Fund
was submitted on April 2, 2003. It is anticipated
b. Match contribution $1,750,000. that these funds will be made available from
public funds ofthe State of Washington. These
funds can be considered a match contribution from
c. Match is __ % of HOME request a non-federal source.
(contribution must be at least 25% of the HOME
funds requested)
*Match with non-federal funds will be greater than
25% of the total HOME funds.
11. Use of HOME funds
Indicate project costs that are proposed to be paid with HOME funds. This information is also included
in the Use of Funds statement.
a. Development hard costs $
b. Acquisition costs $602,444.
c. Related soft costs $655,906.
d. Relocation costs $107,500.
e. Costs related to TBA $
f. CHDO operatin~ expenses $
g. TotalHOME-Assisted Cost: $1.365,850.
h. Total Number of HOME-assisted Units 56.
i. HOME cost per unit $ 24,390.
12. Project Objectives/Tasks/Schedule
List the specific tasks to be completed to meet the objectives of the project, the total amount required to meet
the task, the amount that will be paid using HOME funds, the source of any other funds needed to complete the
task, the date when you will start the task and the date when it will be completed.
Specific tasks Total Cost HOME Cost Other Sources Start Date End Date
1. Acquired Property $602,444 $602,444 3/06/02
2. Make immediate repairs 3/02
3. Submitted LIttTC 5/02
application
4. Submitted State HTF 4/03
application
5. Submit City of Bremerton 4/03
HOME application
6. Secure public funds 7/03
7. Finalize architectural $419,133 $419,133 5/03 8/03
drawings
8. Apply for building $44,000 $44,000 8/03 10/03
permits
9. Pre-qualify contractors $12,000 $12,000 11/03
and bid project
5?
10. Sign construction 12/03
contract
11. Commence construction 1/04
12. Complete construction $5,051,336 State 12/04
HTF/Kitsap
County/Tax
Credits
13. Tenant temporary $137,500 $107,500 $30,000 11/02 12/04
relocation
14. Lease Up/Occupancy 10/04 12/04
Project Close-out
Total (All Development $7,165,186 $1,365,850 $5,799,366
Costs and Sources)
13. LONG TERM AFFORDABILITY.
Indicate the number of years the project will be retained as affordable housing for your
target income level and how this will be accomplished. For example, land covenants or
deed restrictions. If the project is for first-time homebuyers, include a specific
description of the resale/recapture procedures that will be used.
Pro, iect will remain affordable for at least 44 years.
LIHI seeks to maintain all its projects for the maximum affordability period. The
project will be funded with funds from the Washington State Housing Trust Fund and
Washington State Housing Finance Commission through the allocation of low income
housing tax credits. Both of these fund sources will require regulatory agreements. It
is anticipated that the affordability period for this project will be at least 44 years. The
regulatory agreement to be entered into with Housing Finance Commission in
connection with the low income housing tax credits will require that 40% of the
housing units be affordable to households at 30% of median income, and 50% of the
units be affordable to households at 50% of median income. A regulatory agreement
will also be entered with the State HTF to maintain long affordability.
14. MINORITY AND WOMEN OWNED BUSINESS.
LIHI supports the use of minority and women owned businesses in the implementation
of all its development activities. LIHI engages in outreach to attract and contract with
minority and women owned businesses.
5'/
15. AFFIRMATIVE MARKETING.
Describe the methods of affirmative marketing that will be undertaken as part of the
HOME assisted project. Include methods of proactive marketing which can include
fliers, newspaper, radio or television advertisements.
LIHI develops specific affirmative marketing plans for its projects. An affirmative
marketing plan will be developed for this project. The plan will be designed to provide
information to and attract eligible tenants from all racial, ethnic and gender groups.
The affirmative marketing plan will specifically identify the community contacts and
commercial media which will be used to attract eligible tenants. Attached as an
example is an affirmative marketing plan prepared by LIHI for our Cedar Heights
project located in Port Orchard. A similar plan will be developed for the Chester
Manor Apartments.
LIHI has extensive experience in the affirmative marketing of its housing projects.
LIHI employs a range of marketing activities to provide information and attract eligible
persons from all racial and ethnic groups in its local housing markets. LIHI will
affirmatively market this project in compliance with all applicable Home regulations.
LIHI has significant experience as a manager of low-income properties that encourage
a diversity of tenants in terms of language, ethnicity and disability. We pride ourselves
in providing housing for all qualified tenants. Attached to this application is LIHI's
Property Management Summary.
If your project is for
homeownership you must answer questions 16 and 17 (you do not need to answer
questions 18, 19, 20, or 21).
* rental housing you do not need to answer questions 16, 17 or 21, but you must
answer 18, 19 and 20.
* tenant based assistance you do not need to answer questions 16, 17, 18, 19, or 20,
but you must answer 21.
16. Homeownership Requirements nda
17. Ownership Income Targeting n/a
18. OPERATING STATEMENT Year 1 of Operations
(15 year pro forma included as an
attachment)
A. Operating Income: $ 301,512
Gross Rent Receipts
Less Vacancy Rate 7 %
Other Income
$21,106
Total Operating Income $ 280,406
B. Operating Expenses
Sewer/Water $ 31,750
Electricity/Gas 40,250
Garbage 20,250
Maintenance 42,500
Management 54,324
Advertising 2,400
Reserves 25,212
Other Expenses 45,526
(all other misc. operating expenses)
Total Operating Expenses
$ 262,212
C. Net Operating Income
$ 18,195
D. Total Debt S6rvice
(complete table below) $ 0
E. Net Cash Flow
(Net Operating Income less Debt Service Total $ 18,195
Debt Service:
Loan Amount Monthly Payment Annual Payment
State HTF $1~750,000 $ 0 (Deferred) $ 0 (Deferred)
City of Bremerton $1,052~584 $ 0 (Deferred) $ 0 (Deferred)
Total Annual Debt $ 0
Service
19. Project Rent Schedule
Provide the information requested in the following table
# of Family Household Monthly paid Rent Plus
Type of Unit units Size Income Rent Utilities/ Utilities
Services
[ 30 % of Median Income 1 $13,000 $325 $0 $325
5~0 % of Median Income 1 $21~650 $402 $0 $402
60 % of Median Income
ONE BEDROOM }: I I I $348
30 % of Median Income 1.5 $13~925 $348 $0
50 % 0fMcdian Income 1.5 $23~175 $543 $0
60 % of Median Income $543
% of Median Income
% of Median Income
__ % of Median Income
THREE BEDROOM I [
% of Median Income
% of Median Income
% of Median Income
TOTAL I 56 I I [ $25,126 I $0 1525,126
20. Home Rents
Describe the process that will be established to assure that the rents charged in HOME
assisted rental projects do not exceed the allowable amount under HOME program
regulations.
LIHI has extensive experience developing, owning and managing affordable housing
projects. LIHI currently owns 1,250 units in 40 properties, and maintains a housing
management staffofover 30. LIHI's housing projects include multiple funding
sources including, low income housing institute, Washington State Housing Trust
Fund, HOME, CDBG, project-based Section 8, McKinney Supportive Housing and
Section Moderate Rehabilitation and Federal Home Loan Bank.
LIHI has extensive experience complying with Home program regulations.
Management policies and procedures are in place to insure that all HOME program
regulations are complied with, and that rents charged do not exceed the allowable
amounts.
A complete property management sun'unary for LIHI is included as an attachment to
this application.
21. Tenant Based Rental Assistance
Describe actions you will take to assure the project meets the requirements of 92.210
and 92.211 including tenant selection policies, lease requirements, rent reasonableness,
terms of any rental assistance contract and maximum subsidies.
nda
22. Additional Information. Provide any additional in£ormation you think may
help us evaluate your application
This project has an allocation o£tax credits which was awarded in 2002. As part of
the tax credit requirements, the project must show that all project funds are
committed by the end of June, 2003. If this requirement is not met, the project will
have to forfeit its tax credit allocation. In addition, the project must be completed
and placed in service by December 31, 2004.
In order to meet these schedule and the tax credit requirements, we must begin
construction no later than January l, 2004. The project will have to be fully
permitted and ready to proceed as of that date. For the project to be permitted by
January 1, 2004, the construction and permit documents will have to be completed
at least 3 months prior.
At this point, the project does not have funds available to complete the construction
plans and specifications to submit for permit. The project architect is standing by,
ready to proceed to finalize the construction documents. However, in order to
develop the project through completion of the eonsh-uction documents, 75% of the
architectural and engineering fee will have to be paid. This fee amounts to
approximately $325,000.
The fund application to the Housing Trust was submitted on April 2, 2003, and a
final funding decision is expected on June 27, 2003. Due to the time constraints
imposed on this project, we must commence the architect's work prior to that date.
Thus, are requesting that part of the $740,000 requested in this application be made
available prior to a final decision from the Housing Trust Fund. These funds will
enable the architect to start working on the construction documents and meet the
project's required schedule.
Attachments
1 Mission of Statement of LIHI
2 LIHI Organizational Information
3 IRS Tax Exemption
4 Corporate Registration with the State of Washington
5 Board Resolution
6 LIHI Projects Completed and Under Development
7 LIHI Development and Management Team Information
8 LIHI Board of Directors
9 Market Study
10 Development Budget
ll Scope of Work and Construction Cost Estimates
12 15-Year Operating Pro Forma
DATE SUBMITTED: 4/22/03 BILL # t/'.)~,,~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Renovation of Storage Building Committee Meeting Date: 4/29/03
Fischer General Contracting Inc. COUNCIL MEETING Date: 5/14/03
Public Safety Bond Issue Department: Economic
Development
Presenter: Kathleen McCluskey
Phone: 473-5234
SUMMARY: The Public Safety Bond Issue incuded renovation of an existing pre-engineered metal
building for use as office space and vehicle storage for the police department. It will include
approximately 2,500 sf of office space and 2,500 sf of vehicle storage space.
ATTACHMENTS: Contract with Fischer General Contracting Inc.
FISCAL IMPACTS (Include Budgeted Amount): $120,000.00 plus WSST. This project is part of
the Public Safety Bond Issue.
APPROVALS:
DEPARTMENT DIRECTOR: ~
CITY ATTORNEY:
MAYOR:
FISCAL/BUDGET: (~) ,
OPERATIONS: ~J~, l !~ d O ~,,~,f .. ~
COUNCIL PRESIDENT: ~ff--~. - ~-ce.4-c~z~
RECOMMENDED MOTION: Move to approve contract with Fischer General Contracting Inc. in
the amount of $120,000.00 plus WSST and authorize the Mayor to execute same.
AGENDA STATUS:
Consent []
New Business []
Old Business []
Ordinance []
COUNCIL ACTION: [] Approve [] Deny [] Postpone ~ [] No Action Resolution []
Public Hearing []
PUBLIC WORKS AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington
Municipal Corporation ("City"), and Fischer General Contracting, Inc. ("Contractor") whose
mailing address is P.O. Box 661, Poulsbo, WA. 98370.
The parties agree as follows:
1. CONTRACTOR SERVICES. The Contractor shall perform the following
services for the City: Renovate a pre-engineered metal building for use as office space and
vehicle storage in accordance with the contract drawings (Attached as Exhibit "A").
2. TIME OF COMPLETION. Contractor shall complete the work within 120 (one
hundred twenty) calendar days from the date of issuance of the City's Notice to Proceed.
3. COMPENSATION. The City shall pay the Contractor the total amount of
$120,000.00 (One Hundred Twenty Thousand Dollars), plus any applicable Washington State
Sales Tax, for the work and services contemplated in this agreement. The Contractor shall
invoice the City monthly. The City will pay for the portion of the work described in the invoice
that has been completed by the Contractor and approved by the City. The City payment shall not
constitute a waiver of the City's right to final inspection and acceptance of the project.
A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall
provide the City a performance bond for the full contract amount to be in
effect until sixty (60) days after the date of final acceptance, or until
receipt of all necessary releases from the State Department of Revenue
and the State Department of Labor and Industries and until settlement of
any liens filed under Chapter 60.28 RCW, whichever is later.
B. Retainage. The City shall hold back a retainage in the amount of five
percent (5%) of any and all payments made to contractor for a period of
sixty (60) days after the date of final acceptance, or until receipt of all
necessary releases from the State Department of Revenue and the State
Department of Labor & Industries and until settlement of any liens filed
under Chapter 60.28 RCW, whichever is later.
C. Defective or Unauthorized Work The City reserves its right to withhold
payment from Contractor for any defective or unauthorized work.
Defective or unauthorized work includes, without limitation: work and
materials that do not conform to the requirements of this agreement; and
extra work and materials furnished without the City's written approval. If
Contractor is unable, for any reason, to satisfactorily complete any portion
of the work, the City may complete the work by contract or otherwise, and
Contractor shall be liable to the City for any additional costs incurred by
the City. "Additional costs" shall mean all reasonable costs, including
legal costs and attorney fees, incurred by the City beyond the maximum
Fischer General Contracting, Inc.
Page 1 of 9
Contract price specified above. The City further reserves its right to
deduct the cost to complete the Contract work, including any Additional
Costs, from any and all amounts due or to become due the Contractor.
D. Final Pawnent: Waiver of Claims. THE MAKING OF FINAL
PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE
PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY
CONTRACTOR AS UNSETTLED AT THE TiME REQUEST FOR
FINAL PAYMENT IS MADE.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times
acting as an independent contractor and not as an employee of the City. The Contractor shall
secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll
deductions for the Contractor, officer, agents, employees and sub-contractors. The Contractor
shall also secure all applicable business licenses, if required, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub-
contractors.
5. TERMINATION. The City may terminate this agreement for good cause.
"Good cause" shall include, without limitation, any one or more of the following events:
A. The Contractor's refusal or failure to supply a sufficient number of
properly skilled workers or proper materials for completion of the
Contract work.
B. The Contractor's failure to complete the work within the time specified in
this agreement.
C. The Contractor's failure to make full and prompt payment to
subcontractors or for material or labor.
D. The Contractor's persistent disregard of federal, state or local laws, roles
or regulations.
E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this agreement for good cause, the Contractor shall not receive any
further monies due under this agreement until the Contract work is completed.
6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay
Prevailing Wages," with the State of Washington Department of Labor & Industries prior to
commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter
39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate
Fischer General Contracting, Inc.
Page 2 of 9
provisions. The latest prevailing wage rate revision issued by the Department of Labor and
Industries is attached.
7. CHANGES. The City may issue a written change order for any change in the
Contract work during the performance of this agreement. If the Contractor determines, for any
reason, that a change order is necessary, Contractor must submit a written change order request
to an authorized agent of the City within fourteen (14) calendar days of the date Contractor knew
or should have known of the facts and events giving rise to the requested change. If the City
determines that the change increases or decreases the Contractor's costs or time for performance,
the City will make an equitable adjustment. The City will attempt, in good faith, to reach
agreement with the Contractor on all equitable adjustments. However, if the parties are unable to
agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor
shall proceed with the change order work upon receiving either a written change order from the
City or an oral order from the City before actually receiving the written change order. If the
Contractor fails to require a change order within the time allowed, the Contractor waives its right
to make any claim or submit subsequent change order requests for that portion of the contract
work. If the Contractor disagrees with the equitable adjustment the Contractor must complete
the change order work; however, the Contractor may elect to protest the adjustment as provided
below:
A. Procedure and Protest by the Contractor. If the Contractor disagrees with
anything required by a change order, another written order, or an oral
order from the City, including any direction, instruction, interpretation, or
determination by the City, the Contractor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days
with a written statement that provides the following information:
a. The date of the Contract's protest.
b. The nature and circumstances that caused the protest.
c. The provisions in this agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and
how that estimate was determined.
e. An analysis of the progress schedule showing the schedule
change or disruption if the Contractor is asserting a
schedule change or disruption.
The Contractor shall keep complete records of extra costs and time
incurred as a result of the protested work. The City shall have
access to any of the Contractor's records needed for evaluating the
protest.
3. The City will evaluate all protests, provided the procedures in this
section are followed. If the City determines that a protest is valid,
Fischer General Contracting, Inc.
Page 3 of 9
the City will adjust payment for work or time by an equitable
adjustment. No adjustment will be made for an invalid protest.
B. Contractor's Duty to Complete Protested Work. In spite of any protest,
the Contractor shall proceed promptly with the work as the City has
ordered.
C. Contractor's Acceptance of Changes. The Contractor accepts all
requirements of a change order by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. A
change order that is accepted by Contractor as provided in this section
shall constitute full payment and final settlement of all claims for contract
time and for direct, indirect and consequential costs, including costs of
delays related to any work, either covered or affected by the change.
D. Failure to Protest Constitutes Waiver. By not protesting as this section
provides, the Contractor also waives any additional entitlement and
accepts from the City any written or oral order (including directions,
instructions, interpretations, and determination).
E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the
procedures of this section, the Contractor completely waives any claims
for protested work and accepts form the City any written or oral order
(including directions, instructions, interpretations, and determination).
8. CLAIMS. The Contractor shall give written notice to the City of all claims other
than change orders within fourteen (14) calendar days of the occurrence of the events giving rise
to the claims. Any claim for damages, additional payment for any reason, or extension of time,
whether under this agreement or otherwise, shall be conclusively deemed to have been waived
by the Contractor unless a timely written claim is made in strict accordance with the applicable
provisions of this agreement; or, if(and only if) no such provision is applicable, unless that claim
is set forth in detail in writing and received by the City within seven (7) calendar days from the
date Contractor knew, or should have known, of the facts giving rise to the claim. At a
minimum, a Contractor's written claim must include the information set forth regarding protests
in Section 7.A.2.a.-e.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM
WITHiN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS
ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM
OR CAUSED BY THAT DELAY.
Contractor must, in any event, file any claim or bring any suit arising from or connected
with this agreement within 120 calendar days from the date the contract work is complete.
9. WARRANTY. The Contractor shall correct all defects in workmanship and
materials within one year from the date of the City's acceptance of the Contract work. When
Fischer General Contracting, Inc.
Page 4 of 9 I0
defects are corrected, the warranty for that portion of the work shall extend for one year form the
date such correction is completed and accepted by the City. The Contractor shall begin to
correct any defects within seven (7) calendar days of its receipt of notice from the City of the
defect. If the Contractor does not accomplish the corrections within a reasonable time, the City
may complete the corrections and the Contractor shall pay all costs incurred by the City in order
to accomplish the correction.
10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its
officer, officials, employees, agents and volunteers harmless from any and all claims, injuries,
damages, losses or suits including all legal costs and attorney fees, arising out of or in connection
with the performance of this agreement, except for injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Contractor's work when completed shall
not be grounds to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this agreement is subject to RCW
4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or
damages to property caused by or resulting from the concurrent negligence of the Contractor and
the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall
be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECiFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS
INDEMNIFICATION CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY
UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF
THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this
agreement.
11. INSURANCE. The Contractor shall procure and maintain for the duration of this
agreement insurance of the types and in the amounts described below against claims for injuries
to persons or damage to property which may arise from or in connection with the performance of
the work by the Contractor, its agents, representative, employees, subconsultants or
subcontractors.
Before beginning work on the project described in this agreement, the Contractor shall
provide a Certificate of Insurance evidencing:
I. Automobile Liability insurance with limits no less than $l,000,000
combined single limit per accident for bodily injury and property damage;
and
2. Commercial General Liability insurance written on an occurrence basis
with limits no less than $1,000,000 combined single limit per occurrence
Fischer General Contracting, Inc.
Page 5 of 9
and general aggregate for personal injury, bodily injury and property
damage. Coverage shall include but not be limited to: blanket
contractual; products/completed operations/broad form property damage;
explosion, collapse and underground (XCU); and employer's liability.
3. Excess Liability insurance with limits not less than $1,000,000 per
occurrence and aggregate.
Any payment of deductible or self insured retention shall be the sole responsibility of
the Contractor.
The City, its officials, employees, agents and volunteers shall be named as an
additional insured on the insurance policy, as respects work performed by or on behalf of the
Contractor and a copy of the endorsement naming the City as additional insured shall be attached
to the Certificate of Insurance.
The Contractor's insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with respects to
the limits of the insurer's liability.
The Contractor's insurance shall be primary insurance as respects the City, and the
City shall be given thirty (30) calendar days prior written notice by certified mail, return receipt
requested, of any cancellation, suspension or material change in coverage.
12. MISCELLANEOUS.
A. Nondiscrimination. In the hiring of employees for the performance of
work under this Agreement or any sub-contract hereunder, the Contractor, its sub-contractors, or
any person acting on behalf of such Contractor or sub-contractor shall not, by reason of race,
religion, color, sex, national origin, or the presence of any sensory, mental, or physical disability,
discriminate against any person who is qualified and available to perform the work to which the
employment relates.
B. Compliance with Laws. Contractor shall comply with all federal, state
and local laws, roles and regulations throughout every aspect in the performance of this
agreement.
C. Work Performed at Contractor's Risk. Contractor shall take all
precautions necessary and shall be responsible for the safety of its employees, agents, and
subcontractors in the performance of this agreement. Alt work shall be done at Contractor's own
risk, and Contractor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
D. Nonwaiver of Breach. The failure of the City to insist upon strict
performance of any of the terms and rights contained herein, or to exercise any option herein
Fischer General Contracting, Inc.
Page 6 of 9
conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of
those terms and rights and they shall remain in full fome and effect
E. Governing Law. This agreement shall be governed and construed in
accordance with the laws of the State of Washington. If any dispute arises between the City and
Contractor under any of the provisions of this agreement, resolution of that dispute shall be
available only through the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in
any claim or lawsuit for damages arising from the parties' performance of this agreement, each
party shall be responsible for payment of its own legal costs and attorney's fees incurred in
defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the
City's right to indemnification under Section 10 of this agreement.
G. Written Notice. Ail communications regarding this agreement shall be
sent to the parties at the addresses listed on the signature page of this agreement, unless
otherwise notified. Any written notice shall become effective upon delivery, but in any event
three (3) calendar days after the date of mailing by registered or certified mail, and shall be
deemed sufficiently given if sent to the addressee at the address stated on this agreement.
H. Assignment. Any assignment of this agreement by the Contractor without
the written consent of the City shall be void.
I. Modification. No waiver, alteration, or modification of any of the
provisions of this agreement shall be binding unless in writing and signed by a duly authorized
representative of the City and Contractor.
J. Severability. If any one or more sections, sub-sections, or sentences of
this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity
of the remaining portion of this agreement and the remainder shall remain in full force and
effect.
K. Entire Agreement. The written provisions and terms of this agreement,
together with any attached Exhibits, supersede all prior verbal statements by any representative
of the City, and those statements shall not be construed as forming a part of or altering in any
manner this agreement. This agreement and any attached Exhibits contain the entire agreement
between the parties. Should any language in any Exhibit to this agreement conflict with any
language contained in this agreement, the terms of this agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this agreement.
FISCHER GENERAL CONTRACTING, INC. CITY OF BREMERTON
Dan Fischer Cary Bozeman
Fischer General Contracting, Inc.
Page 7 of 9
Title: President Title: Mayor
DATE DATE
Notices to be sent to: Notices to be sent to:
CONTRACTOR: CITY OF BREMERTON:
Dan Fischer Project Administrator
Fischer General Contracting, Inc. 239 Fourth Street
P.O. Box 661 Bremerton, WA. 98337
Poulsbo, WA 98370
APPROVED AS TO FORM:
Bremerton City Attorney
ATTEST:
Bremerton City Clerk
Fischer General Contracting, Inc.
~l~t
Page 8 of 9 [~'
PREVAILING WAGES
Page 9 of 9
DATE SUBMITTED: April 30, 2003 BILL # t~),~ "0
AGENDABILL 8b
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Salary Range for Municipal Committee Meeting Date: May 6, 2003
Services Coordinator COUNCIL MEETING Date: May 14, 2003
Department: Human Resources
Presenter: Carol Conley
Phone: 4'/3-5347
SUMMARY: The City Council approved a new job description for the Municipal Services
Coordinator position on April 9, 2003. Council now desires to establish a salary band for the position
based on the new job description.
ATTACHMENTS: (1) Municipal Services Coordinator job description (2) Memorandum from
Human Resources Director
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
OPERATIONS: ,.{4~~~
COUNCIL PRESIDENT: -~'~ p'~P~'d"..~'~
RECOMMENDED MOTION: I move to set the salary range for thc position of Municipal Services
Coordinator at Band 15.
AGENDA STATUS:
Consent []
New Business []
Old Business []
Ordinance []
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution []
Public Hearing []
Information []
7~ Study Session []
Memo
To: City Council A ,~ 0 ~
From: Carol S. Conley, Direct 0~v~a ~
CC: Cary Bozeman, Mayor
Date: May 7, 2003
Re: Recomn~ndation - Pay Band for Municipal Services Coordinator
After a review of all the factors to be considered in establishing the pay band for the Municipal
Services Coordinator position pursuant to the job descrilXion which was approved by Council on
April 10, 2003, including the material submitted to the City Council and subsequent discussion at
the May 6, 2003 Council Committee meeting, I hereby reconnnend that the pay band for this
position be set at Band 15 of the 2003 Management Pay Plan.
CITY OF BREMERTON
JOB DESCRIPTION
POSITION TITLE: Municipal Services Coordinator
DEPARTMENT: Office of the Mayor
DATE: April I0, 2003
STATUS: Exempt
GENERAL FUNCTION:
Under the direction of the Mayor, this position supports and coordinates the City's day-to-day
programs, services and administration; and provides operational coordination and assistance in other
areas as assigned.
REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES:
Participate in Mayor's Executive Team in advisory capacity with respect to all functions
pertinent to the Mayor's office, municipal affairs and city relationships with the public.
Represent the Executive team and the Mayor in advising the Department Heads and Contract
Employees of the Executive Office on relevant municipal issues.
Meet with Department Heads to discuss issues pertinent to their offices and functions.
Coordinates with other departments, the City Council and the public.
Attends City Council committee meetings, Council Meetings, study sessions and attends Council
Representative District meetings as schedules allow.
Meets with City Council members on an intermittent basis to assist with information gathering or
to facilitate activities with city staff.
Meets with Council President upon request.
Reviews City Boards and Commissions applications, conduct interviews for placement on
boards, commissions and committees and make recommendations for placement for the Mayor
and presents to City Council for approval.
Attends City Commission, Board and Committee meetings occasionally to represent the Mayor's
office and observe their activity.
Oversees and facilitates Employee Recognition Committee and function, Manager's work groups
and functions, and Employee Activity Committee and functions.
Attend the Mayor's meetings with city staff and members of the public as requested by the
Mayor.
Work with Human Resources Director to research and recommend programs for improving staff
morale and productivity.
Chairs the Mayor's communication work group to coordinate public relations, outreach and
marketing activities for the city.
Conducts annexation planning and facilitates and coordinates the review and assessment of all
initiatives to annex properties into the City.
Works with the BKAT Manager in program planning and scheduling the Mayor and city staff for
Inside Bremerton productions and coordinating city promotion activities.
Chairs Department Head staff meetings and coordinates municipal affairs in Mayor's absence.
Responds to citizen correspondence and meets with citizens relating to concerns pertinent to city
government.
Responds to inquires from officials and staff, outside agencies and the public. Participates in
policy development considerations such as general budget priorities, strategies and capital
improvement programs. Participates in civic, community and professional organizations.
Carries out special projects as directed by the Mayor.
Reviews City department structures and operations for efficiencies and improvements, and
makes recommendations to the Mayor.
Coordinates and consults with Mayor and City Council President on legislative issues and
strategies.
Coordinates with other governmental entities and attends work group meetings.
Responds to inquiries and concerns fi.om officials, staff, outside agencies and the public.
Performs other duties assigned by the Mayor which are necessary to the efficient operation of the
Mayor's office and the City.
KNOWLEDGE, SKILLS AND ABILITIES:
Knowledge of: · Principles and practices of municipal management and contract negotiations.
· Basic principles of governmental accounting and budgeting. City computer software
application systems.
· City organization, operations, policies and objectives
· Federal, State and local programs, policies, laws and objectives related to municipal
affairs.
· Legislative functions, authorities, responsibilities and issues.
· Project planning, organization and coordination
· Public relations skills and public speaking techniques.
Ability to:
· Provide effective and clear oral and written communications to individuals and groups.
· Coordinate multiple projects
· Conduct effective public presentations geared to a wide variety of audiences.
· Plan and implement goals, objectives and programs.
· Negotiate agreements that adhere to the City's goals, strategic plans and policies.
· Utilize personal computers and various software applications.
· Establish and maintain cooperative and effective working relationships with community
leaders, administrators, political officials and City staff.
· Deal with sensitive situations tactfully and with understanding.
· Research and analyze issues and alternatives consistent with City plans and policies.
· Perform a variety of duties involving frequent and responsible public and media contact.
PHYSICAL REQUIREMENTS:
MINIMUM QUALIFICATIONS:
Undergraduate degree in business, public administration or closely related field, and five (5)
years increasingly responsible experience in a managerial/administrative capacity, of which three
(3) years must have been in the public sector, or any equivalent combination of education,
background and experience that provides the required knowledge, skills and abilities.
WORKING CONDITIONS:
LEGAL AND REGULATORY EMPLOYMENT CONDITIONS: · Fair Labor Standards Act: The classification is exempt under the laws of the Fair
Labor Standards Act minimum wage and overtime provisions.
· Representation: Non-represented
· Civil Service: The classification is excluded from the City's Civil Service System.
· Appointment and Removal Authority: Appointed by the Mayor and confirmed by thc
City Council. Removal by the Mayor.
This classification specification does not constitute an employment agreement between the City
and employee. It is subject to change by thc City as thc needs of the City and requirements
change.
DATE SUBMITTED: May 1, 2003 BILL # ~ ~.~ ~$'
AGENDA BILL
CITY OF BREMERTON ~
CITY COUNCIL
SUBJECT: HEARING AND Committee Meeting Date: ff'-/5--O ~
ORDINANCE # VACATING A COUNCIL MEETING Date: May 14, 2003
PORTION OF ALLEY BETWEEN 5TM & Department: PW&U, Engineering
6~m/PACIFIC & WASHINGTON AVES Presenter: Mike C. Mecham
Phone: 478-5270
SUMMARY: The City initiated the vacation of a portion of the alley between 5th and 6th Streets and
Pacific and Washington Avenues. This date has been scheduled for a public heating in accordance
with state law and the Bremerton Municipal Code and for first reading on the proposed ordinance
vacating the subject alley. The vacated area will be incorporated into the abutting City owned
property to provide a site compatible for usage for the Bremerton Govemment Center. Access to the
waterfront will not be impeded with this vacation. This is a Class II right-of-way and compensation is
not required in accordance with BMC 11.20.080.
ATTACHMENTS: A. Ordinance # B. Site Map
FISCAL IMPACTS (Include Budgeted Amount): No Impact.
DEPARTMENT DIRECTOR:
crry ATTORNEY:
MAYOR:
FISCAL/BUDGET:
OPERATIONS: [46 r,d, l arfl 2.oo3
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
A. I move to approve the attached ordinance on first reading, vacating a portion of the alley located
between 5th and 6th Streets and Pacific and Washington Avenues.
B. I move to pass Ordinance # on second reading, vacating a portion of the alley located
between 5th and 6th Streets and Pacific and Washington Avenues.
AGENDA STATUS:
Consent
New Business
Old Business
Ordinance
COUNCIL ACTION: [] Approve ?] Deny [] Postpone [] No Action Resolution
rdO [ Public Hearin~
Information
Study Session
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, relating to the vacation of streets,
vacating a portion of the alley between 5th and 6th Streets, and
Pacific and Washington Avenues in the City of Bremerton.
WHEREAS, the City has initiated the vacation of a portion of the alley between
5th and 6th Streets, and Pacific and Washington Avenues in the City of Bremerton; and
WHEREAS, the City passed Resolution No. 2890 declaring its intention to vacate
a portion of a portion of the alley between 5th and 6th Streets, and Pacific and Washington
Avenues, which resolution also set a hearing to take public comment or consider written
objections to the vacation; and
WHEREAS, fewer than fifty percent of the property owners abutting said fight-
of-way filed written objections to this action prior to the time set for public heating herein; and
WHEREAS, a public heating was held with proper notice on May 14, 2003, in the
City Council Chambers of the Bremerton City Hall to take public comment or consider written
objections to the vacation; and
WHEREAS, the City Council finds that this vacation is sought to enable
development of the government center; and
WHEREAS, the City Council has determined that it is in the best interest of the
public to proceed with the vacation; and
WHEREAS, the City Council has directed the preparation of an ordinance
vacating the portion of said streets; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are incorporated as if fully set forth herein.
SECTION2. That portion of the alley between 5th and 6th Streets, and Pacific
and Washington Avenues in the City of Bremerton, as described in Exhibit A, which is attached
and incorporated herein by this reference, is hereby vacated to the abutting property owners
including any and ail easements contained therein.
SECTIONS. No easements are reserved in conjunction with this street vacation.
1 Street Vacation-
Alley 5~h and 6th and Pacific and Washington
SECTION 4. No vested rights shall be affected by the provisions of this
ordinance.
SECTIONS. Severability. If any one or more section, subsections, or sentences
of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this ordinance and the same shall remain in full force and
effect.
SECTION 6. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the day of ,2003.
PASSED by the City Council the day of _, 2003.
CAROL AP, ENDS, Council President
Approved this day of ,2003.
CARY BOZEMAN, Mayor
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2003.
EFFECTIVE the .day of ,2003.
ORDINANCE NO.
R:\LEGAL\Ordinances~Public Works & Utilitie$~5th and 6th Street Vacation.doc
2 Street Vacation -
Alley 5th and 6tn and Pacific and Washington
03
EXHIBIT A
Vacation of a portion of the alley within Block 5, of the Plat of the Town of
Bremerton, as recorded in Volume 2, of plats Page 030, records of Kitsap County
Washington, situate in Government Lot 1, Section 13, Township 24 North, Range
1 East, Willamette Meridian, Kitsap County, Washington, more particularly
described as follows:
Beginning at a point 8 feet east of the northwest corner of Lot 9, of said Block 5
and on the south margin of the alley, also being the easterly margin of that
portion of the alley previously vacated per City of Bremerton Vacation Ordinance
No. 3695; thence east along said south margin to a point 11 feet east of the
northwest corner of Lot 13, of said Block 5; thence leaving said south margin,
north to a point 11 feet east of the southwest comer of Lot 35 of said Block 5,
and on the north margin of the alley; thence west along the north margin of the
alley to a point 8 east of the southwest corner of Lot 39, of said Block 5, and the
easterly margin of said Ordinance No. 3695; thence south along said eastedy
margin to the true point of beginning.
Together with that portion of Lot 39 and Lot 38 dedicated to the City of Bremerton
for right of way per Kitsap County Auditor File Number 8204300081.
Vacation of Alley for Government Center
Page 1 of 1
DATE SUBMITTED: April 19, 2003 BILL # O ~.~ ~ C_~ ~5
AGENDA BILL
h
CITY OF BREMERTON
CITY COUNCIL
..... ' ............ }0'~ ;'5_'~'43; .............. "" ............ '"' ....... '"'" .... '"'"
SUBaECT: Resolution Approving Committee Meeting Date: May 6, 2003
Interagency Agreement With Kitsap County COUNCIL MEETING Date: May 14, 2003
Washington for Water Main Construction. Department: PW&U/Engineering
Presenter: Bob Earl, Project Mgr.
Phone: 473-5344
SUMMARY: The City and Kitsap County negotiated a written Agreement for the City to construct a
water main to serve the County's Central Communications Center Project as part of the City's West
650 Pressure Zone Transmission & Distribution Mains project. The Agreement specifies the roles
and responsibilities of the City and County with respect to the construction process and specifies that
the County will pay all design and construction costs for its segment of water main, including change
orders.
ATTACHMENTS: 1) Resolution; 2) Subject Agreement With Kitsap County; 3) Project Map
FISCAL IMPACTS (Include Budgeted Amount): None; Construction management and inspection
of this water main can be accomodated within the existing West 650 Zone project budget.
APPROVALS:
DEPARTMENT DIRECTOR:
PURCHASING MANAGER:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
cot~ciL P~SXDENT: ~ ~,~
~COMMENDED MOTION: Move to approve the Resolutiofl ~d au~orize ~e Mayor to execute
the Interagency Agreement wi~ Kitsap County.
AGENDA STATUS:
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Consent []
New Business []
Old Business []
Ordinance []
Resolution []
Public Hearing []
Information []
Study Session []
RESOLUT ONNO.
A RESOLUTION of the City Council of thc City of
Brcmerton, Washington, approving an Agreement with Kitsap
County, Washington, for Construction of Water Main.
WHEREAS, Kitsap County, a political subdivision of Washington State, has
requested that the City of Bremerton construct a water main to serve Kitsap County's Central
Communications Center project as part of the construction phase of the City of Bremerton's
West 650 Pressure Zone Improvements project; and
WHEREAS, the City of Bremerton's West 650 Pressure Zone Improvements
Project will construct similar water mains in a location contiguous to Kitsap County's Central
Communications Center project; and;
WHEREAS, Kitsap County and the City of Bremerton have negotiated a written
Agreement (Agreement) for the City of Bremerton to undertake construction of said water main
on Kitsap County's behalf; and,
WHEREAS, Kitsap County will pay ail design and construction costs in
accordance with the Agreement; and,
WHEREAS, approval of said Written Agreement requires a resolution of the
governing body authorizing the Mayor of the City of Bremerton to execute the Agreement;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION1. The City of Bremerton desires to construct said water main in
accordance with the Agreement.
1
Construction Agreement - Kitsap County
SECTIONZ The City Council of the City of Bremerton does hereby authorize
the Mayor of the City of Bremerton to execute the Agreement and to take such other actions as
are necessary and relevant to performance of the Agreement.
SECTION3. Severabilit~. If any one or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
fome and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this __
day of ,2003.
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney KATHLEEN MCCLUSKEY, City Clerk
CSProjects\W650\ESRC WM Construction Agreement. doc
Construction Agreement - Kitsap County
INTER-AGENCY AGREEMENT REGARDING
UTILITY CONSTRUCTION
THIS INTER-AGENCY AGREEMENT is entered into between the City of Bremerton, a
Washington municipal corporation, located and doing business at 239 Fourth Street, Bremerton,
Washington 98337 CBremerton"), and Kitsap County, a Washington municipal corporation, located
and doing business at 614 Division Street, Port Orchard, Washington 98366 ("KC").
RECITALS
WHEREAS, Bremerton is constructing a group of projects collectively known as the West
650 Pressure Zone (W650); and
WHEREAS, one of Bremerton's projects is a water distribution main, and KC desires to
construct a similar water distribution main at a location adjacent thereto; and
WHEREAS, KC and Bremerton have determined that costs for both parties could be reduced
if construction of the KC water distribution main is managed by Bremerton and KC reimburses
Bremerton; and
WHEREAS, the parties intend that Bremerton take possession, ownership and maintenance
responsibility for the KC water distribution main when construction is complete, and intend that such
transfer, if any, shall be by separate agreement.
NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performances
contained herein, or attached and incorporated and made part hereof, it is mutually agreed by
Bremerton and KC as follows:
INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY
CONSTRUCTION--Page I of 5
AGREEMENT
A. THE CITY OF BREMERTON'S OBLIGATIONS:
1. The City of Bremerton will complete or contract for all construction work for the
water main extension between Project Station 0 + 00 and Project Station 15 + 50. Bremerton will
manage the project by use of its staff resources and by use of consultants determined by Bremerton to
be appropriate for the project.
2. Bremerton will assume the lead role in construction phase, and will advertise the
project, either as a single complete project or in various construction sequences or segments, for
construction bids and will provide construction project management through physical completion,
final acceptance, and until property acceptance of the completed water distribution main by
Bremerton.
3. Bremerton will review and approve all requests for changes proposed by the
contractor or KC during construction. Bremerton will consult with, and receive approval from KC,
prior to approving any change order request from the contractor on that portion of the water line as
identified on Exhibit A. Any damages resulting from delays in obtaining approval of a given request
for changes shall be borne by KC unless found to be caused by the sole negligence of Bremerton.
4. Bremerton will keep KC advised of the construction progress on a weekly basis and
will use its best efforts to inform KC staff of key meetings during project construction.
5. Bremerton will provide inspection reports, daily reports, pay estimates and other
normal construction reports generated during the project to KC upon request.
6. Bremerton shall include a clause in its construction contracts that requires its
contractor to coordinate its work with any KC contractor operating in the same area or adjacent
areas, and other contractors who may be operating on the ESRC site at the same time.
7. Bremerton will also cooperate with KC to secure additional funds from any grant
agencies. However, Bremerton will not be required to obligate itself to expend public funds.
B. KC'S OBLIGATIONS:
1. KC will complete all design and construction drawings for the above described water
INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY
CONSTRUCTION-- Page 2 of 5
distribution main at its own expense, in accordance with Bremerton's requirements, for inclusion in
Bremerton's bidding and contract documents. KC will timely submit construction drawings to
Bremerton for review and approval, in accordance with document completion dates as determined by
Bremerton.
2. Bremerton will review the plans and specifications prepared by KC and make
recommendations for changes or modifications. Ifa dispute arises, KC shall have decision making
authority over decisions that are non-mandatory or discretionary. Nothing in this Agreement shall
modify or affect Bremerton's authority to accept or reject KC's anticipated offer to transfer
ownership of the completed water system to Bremerton, after completion of this project.
3. KC will review the project construction progress periodically and review
correspondence submitted from Bremerton to insure compliance with KC's Construction Standards
and to satisfy itself on the satisfactory progress of the construction.
4. KC shall be responsible for, and shall direct its consulting design engineer's
participation in, correction of errors and omissions in its design and construction drawings. KC shall
reimburse Bremerton for any increases in construction cost arising from errors or omissions in its
construction drawings.
5. When Bremerton has indicated its final acceptance of the construction work, KC shall
issue a deed to The City of Bremerton for the improvements contemplated under this agreement. In
addition, KC shall deed an easement to The City of Bremerton for future construction, operation and
maintenance of the water main, when the final alignments of the water distribution main are known.
In any event, the easement shall not be less than 30 feet wide, centered on the water main.
6. If KC contracts for other construction work to be completed on the site of the work
contemplated under this agreement, KC will include a clause in their construction contracts that
requires their contractor to coordinate its work with Bremerton's contractor and others who may be
operating on the site at the same time.
7. KC agrees to reimburse Bremerton for construction of the water distribution main
referenced in Exhibit A, based on the total cost of KC's portion of the project as bid. In addition, KC
agrees to reimburse additional amounts as may be approved by Bremerton and KC in Change Orders
to the construction contract. This reimbursement shall be prepaid as follows:
7.1 KC agrees to pre-pay the construction cost of its water distribution main,
INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY
CONSTRUCTION-- Page 3 of 5
based upon the awarded construction contract.
7.2 The total amount of its part of the construction cost shall be pre-paid by KC to
Bremerton not later than 30 calendar days after award of the construction contract by the
Bremerton City Council.
7.3 Within sixty (60) days following final acceptance of the project, Bremerton
shall calculate any positive or negative adjustments in the contract price, as indicated in any
approved Change Orders to the construction contract, and shall notify KC of the same. If
there is a need for additional payment or reimbursement by either party, such payment or
reimbursement shall be made within thirty (30) days of notice to KC of the adjusted total.
C. MISCELLANEOUS
1. Termination. This agreement shall terminate ninety (90) days after the date that the
construction of the West 650 Pressure Zone (W650) and the improvements indicated in Section A. 1
of this agreement have been constructed and Bremerton has accepted the project as complete.
2. Governing Law. This agreemem shall be governed and construed in accordance with
the laws of the State of Washington. If any dispute arises between Bremerton and KC under any of
the provisions of this agreement, resolution of that dispute shall be available only through the
jurisdiction, venue and roles of the Kitsap County Superior Court, Kitsap County, Washington.
3. Modification. No waiver, alteration, or modification of any of the provisions of this
agreement shall be binding unless in writing and signed by a duly authorized representative of each
party.
4. Severability. If any one or more sections, subsections or sentences of this agreement
are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining
portions of this agreement and the remainder shall remain in full force and effect.
5. Entire Ageement. Written provisions and terms of this agreement, together with any
attached exhibits, supersede all prior verbal statements by uny representative of either party, and
those statements shall not be construed as forming a part of or altering in uny manner this agreement.
This agreement and any attached exhibits contain the entire agreement between the parties. Should
any language in any exhibit to this agreement conflict with any language contained in this agreement,
the terms of this agreement shall prevail.
INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY
CONSTRUCTION-- Page 4 of 5
6. Indemnification. KC shall defend, indemnify and hold Bremerton, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits including all legal costs and attorney fees, arising out of or in connection with the
performance of this agreement, to the extent caused by KC's negligence.
Bremerton shall defend, indemnify and hold KC, its officers, officials, employees, agents and
volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal
costs and attorney fees, arising out of or in connection with the performance of this agreement, to the
extent caused by Bremerton's negligence.
7. Insurance. The parties to this agreement are public entities, which are self-insured for
the purposes of this agreement. 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 KC and Bmmerton, its officials, employees, agents and volunteers, KC's liability
hereunder shall be only to the extent of KC's negligence.
The provisions of this section shall survive the expiration or termination of this agreement.
THE CITY OF BREMERTON KITSAP COUNTY
CARY BOZEMAN, MAYOR , COUNTY EXECUTIVE
ATTEST: ATTEST:
.(SEAL) (SEAL)
KATHLEEN MCCLUSKEY DANIELLE DASKUM
BREMERTON CITY CLERK KITSAP COUNTY CLERK
APPROVED AS TO FORM: APPROVED AS TO FORM:
ROGER A. LUBOVICH
BREMERTON CITY ATTORNEY KITSAP COUNTY ATTORNEY
INTER-AGENCY AGREEMENT BREMERTON/KC REGARDING WEST 650 PRESSURE ZONE UTILITY
CONSTRUCTION-- Page 5 of 5
DATE SUBMITTED: April 30, 2003 BILL.cgZ?-Off 7
AGENDA BILL 9~__~~
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: SWC Partnership application Committee Meeting Date: NA
for rezone from residential to general COUNCIL MEETING Date: May 14, 2003
business. Department: DCD
Presenter: Robert Grumbach
Phone: 473-5379
SUMMARY: Hearing Examiner recommendation on a site-specific rezone from Low-density
residential (SF-3) to General Business (GB) of property located at 3915 Wheaton Way (200 feet west
of the right of way). The recommendation includes five (5) conditions to be imposed for future site
development.
ATTACHMENTS: (1) Proposed Prcedure for Closed Record Hearing. (2) Hearing Examiner
Recommendation. (3)StaffReport. (4)VicinityMap. (5)Possible Site Plan. (6)Comprehensive
Plan Map. (7) Comment from property owner in area. (8) List of people attending the open record
hearing. (9) Proposed ordinance for future Council action.
FISCAL IMPACTS (Include Budgeted Amount): No impact expected.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
MAYOR:
FISCAL/BUDGET: /~//~
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: I move to approve and adopt the Hearing Examiner's findings and
recommendation and to direct staffto prepare and submit the appropriate ordinance to the City
Council for action.
AGENDA STATUS:
Consent []
New Business []
Old Business []
Ordinance []
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution []
Public Hearing []
~ Information []
Study Session []
PROCEDURE FOR CLOSED RECORD HEARING ON
HEARING EXAMINER'S RECOMMENDATION
I. STAFF REPORT AND PRESENTATION
1. After the Appearance of Fairness inquiry, Council President asks staff to
present Hearing Examiner Recommendation.
2. Pursuant to Council policies, no public comment permitted.
3. Council may ask questions of staff and applicant.
II. COUNCIL CONSIDERATION
The Council may approve and adopt the hearing examiner's recommendation
unless one of the following conditions exists:
1. Proceedings were materially affected by irregularities in procedure.
2. Recommendation is outside the authority of the hearing examiner.
3. Recommendation is based on an erroneous interpretation of law.
4. Recommendation is not supported by substantial evidence.
5. Recommendation is based on clearly erroneous application of law to facts.
III. DECISION
The Council may take any of the following actions:
1. Approve and adopt the hearing examiner's findings and recommendation.
2. Modify and approve the findings and recommendation.
3. Reject and deny the hearing examiner's findings and recommendation on
the proposal as originally submitted based upon councilfindings.
R:\LEOAL~lepartments-General\City Council\City Council Procedure re hearing exam reeom,doc
BEFORE THE HEARINGS EXAMINER
FOR THE CITY OF BREMERTON
In the Matter of the Application of ) FILE NO. PL03-0001
SWC Partnership for Approval of a )
Rezone. ) FINDINGS, CONCLUSIONS
) AND RECOMMENDATION
)
RECOMMENDATION
The requested rezone of the property at 3915 Wheaton Way should be approved. The
zoning designation for the property should be Commercial Business (GB).
SUMMARY OF REQUEST
SWC Partnership (Applicant), through its spokesperson, William M. Palmer, requested
approval of a rezone of the property at 3915 Wheaton Way, Bremerton, Washington. The
request is for a rezone from the existing zoning designation of Single Family 3 (SF-3) to a new
designation of Commercial Business (GB).
OPEN RECORD HEARING
An open record hearing on the requested rezone was held before the Hearings Examiner
of the City of Bremerton on March 18, 2003 at 10:00 a.m., at the Bremerton City Hall. The
hearing was held pursuant to notice being given as required by the City and State laws.
Testimony:
At the open record hearing the following individuals presented testimony and evidence
under oath:
1. Robert J. Gmmbach, City of Bremerton
2. William M. Palmer, Consultant for Applicant
3. Jesse Norton
4. Mary Peterson
Exhibits:
At the hearing the following exhibits were submitted and admitted as part of the official
record o f this proceeding:
1. Staff Report
2. Application for Zone Reclassification
3. Vicinity Map
4. Intensified Vicinity Map
5. Possible Site Plan
Findings, Conclusions and Decision
Rezone No. PL03-0001~'~
Page
6
6. Comprehensive Plan Map
7. Comments from Property Owner in Area (DeShano)
8. Environmental Checklist and SEPA Determination (DNS)
9. Notice documents for Posting, Publication and Mailing as submitted by the City
Based upon the testimony and evidence submitted at the public hearing, the Hearings
Examiner makes the following Findings of Fact and Conclusions of Law, which constitute the
basis of the Recommendation of the Hearings Examiner:
FINDINGS OF FACT
1. The Applicant requested approval of a zoning reclassification of the property at 3915
Wheaton Way, Bremerton, Washington (Property).i The request is to change the existing
zoning designation from Residential Low Density (SF-3) to General Business (GB).
Exhibit 1, Staff Report; Exhibit 2, Application; Grumbach Testimony.
2. The property is designated in the Bremerton Comprehensive Plan as General and
Highway Commercial (C-G). There is no shoreline environmental designation because
no shoreline fronts or is near the property. There are no critical area designations or
critical areas on site. Exhibit 1, Staff Report.
3. Pursuant to the State Environmental Policy Act (Chapter 43.2 t C RCW) (SEPA) the City
of Bremerton was designated as the lead agency for identification of environmental
impacts resulting from the proposed project. The Applicant submitted an environmental
checklist (Exhibit 8). Based on the checklist and other information, the City issued a
Determination of Nonsignificance on March 3, 2003. Exhibit 8. No appeals of this
determination were filed. Grumbach Testimony.
4. The property is an approximate 1.7-acre parcel that is generally flat with vegetation and
trees. It is developed with a two-story single-family residence and garage which would
be removed. Access (vehicular ingress and egress) is offWheaton Way, and with
development pursuant to a GB zoning designation would remain as such. The site has
public water and sanitary sewer services. Exhibit 1, Staff Report; Grumbach Testimony.
5. The surrounding properties have the following zoning designations and land use
activities:
North: GB - commercial offices and retail stores;
South: GB - restaurant;
East: GB - Wheaton Business Center and State Route 303;
West: Low Density Residential, SF-3 - currently vacant.
I. ~ The legal description of this property is: Lot 12, OLOF Linne's home tracts, as per plat recorded in volume 5
of Plats, Page 18, Records of Kitsap County, Washington, and the West 200 feet of the East 230 Feet of the
North Half of the South Half of the Southeast Quarter of the Northeast Quarter of Section 2, Township 24
North, Range 1 East. W.M., in Kitsap County, Washington; except that portion lying north ora fence line per
Superior Court cause No. 31479. (**DOUBLE CHECK LEGAL - TAKEN FROM SITE-SPECIFIC
REZONE STAFF REPORT**)
Findings, Conclusions &Recommendation
Page 2 of O
A portion of the property is currently zoned GB. The rezone would result in a rezone of
approximately 1.6 acres of the site. Exhibit ]. StqffReport; Grumbach Testimony;
Palmer Testimony.
6. The requested GB zoning would be consistent with the Comprehensive Plan designation
of General and Highway Commercial. It would also allow the subject property to be
developed in a manner consistent with the development of other properties in the area.
Palmer Testimony; Exhibit 1, Staff Report. It would also comply with the requirements
of the Bremerton Municipal Code (BMC) 21.02.090, which require zoning to be
consistent with the City's Comprehensive Plan.
7. As noted, there are public facilities and services that can provide efficient service on site.
The GB designation would allow development of a commercial business without a
sprawling low-density development. Goal No. 1 of the Urban Growth Plan as set forth in
the Comprehensive Plan is satisfied by the rezone. Goal No. 2, which is to reduce urban
sprawl, is also satisfied by the rezone.
8. The rezone of the subject property would result in consistency with the Comprehensive
Plan and with the uses of the adjoining properties. It would promote economic
opportunity for citizens of the City and encourage growth in this portion of the City.
Grumbach Testimony.
9. The rezone bf the subject property would not result in a decrease of current service levels
for other established uses in the area or the City. Exhibit 1, Staff Report; Grumbach
Testimony.
10. The subject property is located in the "Wheaton Way corridor", which has an area plan
that includes an Element E that addresses streets. The proposal is consistent with the
requirements of Element E because it provides pedestrian walkways connecting to other
walkways in the area; provides safe and frequent pedestrian crossings of Wheaton Way;
allows the property to be developed consistent with the Street Tree Program established
by the City; creates a potential for curbs and driveways to be consistent with the existing
street grid in the area and to discourage frontage roads and common access points.
Grumbach Testimony; Exhibit ], Staff Report.
11. Warren Way and Wheaton Way (SR 303) are designated by the City of t~remerton in its
Comprehensive Plan as a "principal arterial". The Level of Service (LOS) for this
corridor is suggested by the City to be maintained at LOS F. Development of the site
with conunercial uses would not impact the LOS F designation.
12. The subject property was the subject of previous land use actions, including a request for
rezone. In 2000 a Comprehensive Plan review was made for the subject property. At
that time the Applicant proposed a change of the Comprehensive Plan designation and a
rezone to allow commercial development on Wheaton Way, as well as a mixed use on the
back of the property. The rear of the property is closer to single-family residential
Findings, Conclusions &Recommendation
Page3of6
districts in the area. A significant number of responses were submitted to the City
objecting to the rezone and the proposed Comprehensive Plan change, and especially
from property owners of the single-family residential parcels located at the back of the
property. The 2000 proposal was eventually tabled. Grumbach Testimony.
13. The proposed rezone classification differs from the 2000 request in that it involves only
the front 200 feet of property on Wheaton Way. This 200 feet of property is a similar
depth of commercial zoning that exists on the properties immediately north and south of
the property. There is no change proposed to the zoning at the rear of the property.
Grumbach Testimony.
14. The City submitted that the request is not "spot zoning". It is consistent with the
Comprehensive Plan designation of the subject property and the zoning of the adjoining
properties. The proposed zoning allows for more consistent development with the
Comprehensive Plan. Palmer Testimony.
15. A property owner in the area objected to the rezone because of concerns that the other
property in the area will eventually be rezoned and developed with commercial uses.
Mary Peterson Testimony.
16. An owner of property adjacent to the rezone claimed that the public was not given
adequate notice. Jesse Norton Testimony. The city responded that notice was given
pursuant to the State statutes and local ordinances. Grumbach Testimony; Exhibit 9.
17. The requested rezone was circulated among City departments and local and state
agencies. No state agency submitted comments. The Public Works Department of the
City of Bremerton did not submit comments. The Fire Department recommended
approval of the rezone.
CONCLUSIONS OF LAW
Based on the preceding Findings of Fact, the Hearings Examiner makes the following:
Jurisdiction:
Criteria:
The criteria for rezones in the City of Bremerton are set forth in BMC 20.02.920. The
criteria include:
(1) Is the proposed rezone consistent with the Comprehensive Plan?
(2) Is the rezone justified for one or more of the following reasons?
· It is in the public interest to approve the rezone to accommodate need changes
within the immediate vicinity or neighborhood.
· It will correct a zone classification or boundary that was inappropriate when
established.
Findings, Conclusions &Recommendation
Paxe 4 of 6
It is a planned step in a phasing process to gradually bring zoning into consistency
with the 20-year Comprehensive Plan when appropriate.
· It will place or remove an overlay zoning designation without affecting the
underlying zoning designation.
(3) Is there a public need for the proposed rezone that will clearly benefit the local
neighborhood and/or the community of Bremerton?
(4) Are all essential public facilities and services available and adequate, or can be made
available to serve the type and levels of development permitted in the requested
rezone.
(5) Will the area being proposed for rezone become part ora larger zoning district or
form a new district, which will not be considered an isolated "spot zone"?
Conclusions of Law:
1. The proposed rezone is consistent with the Comprehensive Plan, and in particular: Goal
No. 1, Urban Growth; Goal No. 2, Reduce Sprawl; Goal No. 5, Economic Development;
and Goal No. 12, Public Facilities and Services.
2. The proposed rezone would be consistent with the Wheaton Way Corridor Specific Area
Plan. The rezoned property would have development with walkways, services, adherence
to street tree programs, no new curb cuts and sidewalks, and satisfaction of the
transportation requirements. It also has potential design alternatives that are consistent
with the Comprehensive Plan and surrounding properties. Findings of Fact Nos. 10 and
11.
3. The proposal is consistent with the transportation element for the Warren
Avenue/Wheaton Way State Route 303 principal arterial designation. The proposal will
not change the level of service on these arterials. Findings of Fact No. 10.
4. The proposed rezone is consistent with the Comprehensive Plan of the City of Bmmerton
and development standards of the CB district can be accomplished. General Business
zone is consistent with the General Commercial and Highway Commercial plan
designation. Findings of Fact Nos. 1, 2, 5, 6 and 7.
5. The rezone is in the public interest. It will provide additional commercial activity on a
major arterial and commercial corridor. It will provide for visible and easily accessible
sites for businesses and services. It is consistent with the Comprehensive Plan Sections
E(3) and C(1)(c). Findings of Fact No. 7.
6. The rezone of the subject property CB would be appropriate for the site as well as
consistent with the Comprehensive Plan.
7. The rezone of the property will upgrade the zoning to be consistent with the 20-year
Comprehensive Plan.
Findings, Conclusions &Recommendation
Page 5 of 6
8. Property zoned for commercial uses benefits the public because it increases the tax roles,
provides for job growth and generates activity within the City. There is a public need for
the proposed rezone.
9. All essential public facilities and services are available and adequate.
10. The rezone is not spot zoning.
RECOMMENDATION
Based on the preceding Findings of Fact and Conclusions, the testimony and evidence
submitted at the public heating, and upon the site view by the Hearings Examiner, it is hereby
recommended that the requested rezone of the property at 3915 Wheaton Way be approved, and
that a portion of the property be rezoned from Residential Law Density (SF-3) designation to a
General and Highway Commercial (CG) designation. The rezone should be for the property as
described in the application in this matter. It is further recommended that upon future requests
for specific development of the site the following conditions be imposed:
1. If regulated wetlands, streams and/or drainage courses are identified that might be
potentially significantly adversely impacted, mitigation may be required in order to
comply with the City of Bremerton's Critical Land Ordinance (BMC Chapter 21.22).
2. If any artifacts are uncovered, the Bremerton Department of Community Development or
the State Historic Preservation Office in Olympia must be notified.
3. Any new development must have a traffic analysis indicating that Level of Service shall
be at or better than a service standard of LOS F (v/c = 1.08).
4. In considering design alternatives, preferential treatment shall be given to designs that
favor mass transit, car-pooling, bicycling, or walking over the single-occupant vehicle.
5. Development shall provide interconnecting pedestrian walkways, to the greatest extent
possible, to encourage walking.
Decided this ~/day of March, 2003.
/ JJames M. Driscoll
~/ Hearings Examiner
Findings, Conclusions &Recommendation
Page 6 of 6
CITY OF BREMERTON
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT, CONCLUSIONS AND FINDINGS
Hearing Examiner Public Hearing March 18, 2003
Requested Action: Site-specific rezone from Residential Low Density (SF-3) to
Commercial Business (GB). (See Appendix A for application.)
GENERAL INFORMATION
I. File Number: PL03-0001.
2. Applicant: SWC Partnership, P.O. Box 1010, Silverdale, WA 98363. Contact
Person: William M. Palmer, W.M. Palmer Consultants, phone (253) 858-3644.
3. Location: 3915 Wheaton Way. Property is located approximately 150 feet north o£
Hanford Avenue on the west side of Wheaton Way. (See Appendix C for vicinity
map.)
4. Assessor Account Number: 022401-074-2004.
PROJECT SUMMARY
1. Current Zone Classification: Residential Low Density (SF-3).
Portion of parcel along Broad Street is
zoned General Business (GB).
2. Comprehensive Plan Designation: General and Highway Commercial (C-G).
3. Shoreline Environmental Designation: None.
4. Critical Areas Designations: None identified.
STATE ENVIRONMENTAL POLICY ACT
SEPA Threshold Determination: Determination of Nonsignificance issued
March 3, 2003 (See Appendix G for
environmental checklist)
SITE PLAN DESCRIPTION
1. Legal Description: Lot 12, OLOF Linne's home tracts, as per plat recJrdcd in volume
5 of Plats, Page 18, Records of Kitsap County, Wasb_ing~on, and
the West 200 feet of the East 230 Feet of the North Half of the South Half of the
Southeast Quarter of the Northeast Quarter of Section 2, Township 24 North, Range 1
East. W.M., in Kitsap County, Washington; except that portion lying north of a fence
line per Superior Court cause No. 31479.
2. Lot Size: Approximately 1.7 acres (area for rezone approximately 1.6 acres).
3. Surrounding_Land Uses:
Direction Zoning Activity
North General State Farm Insurance office, Lira's Oriental
Business (GB) Store, Auto Repair Services
South General Arby's Restaurant
Business (GB)
East General Wheaton Way (SR 303) and Wheaton Business
Business (GB) Center
West Low Density Currently vacant
Residential
(SF-3)
4. Topo~'aphy: The land is generally flat with vegetation and trees.
5. Development: A two story single-family residence with a garage is located on the
property.
6. Access~ The ingress/egress are provided fi-om Wheaton Way. A portion of property
already zoned GB may have access fi.om Broad Street.
7. Utilities: The site is served by public water and sanitary sewer services.
COMPREHENSIVE PLAN
1. See Appendix B for Comprehensive Plan Designation Map.
2. PLAN/ZONING CONSISTENCY: Pursuant to BMC 21.02.090, Figure 090 (Primary Zone
Consistency) the General Business zone classification is consistent with the
Comprehensive Plan Designation for General & Highway Commercial.
3. AUTHORITY: BMC 21.02.920 (Rezone) requires a new zone to be consistent with the
City's Comprehensive Plan.
2
4. PL~XrNING GOALS: The Comprehensive Plan goals help define the vision for
Bremerton's future. The following Pla,~ning Goals are consistent with the rezone
application. '
· Goal # 1 Urban Growth: "Encourage development in urban areas where adequate
public facilities and services exist or can be provided in an efficient manner."
· Goal # 2 Reduce Sprawl: "Reduce the inappropriate conversion of undeveloped
land into sprawling, low-densi~ development."
· Goal # 5 Economic Development: "Encourage economic development
throughout the state that is consistent with adopted comprehensive plans, promote
economic opportunity for all citizens of this state, especially for unemployed and
.for disadvantaged persons, and encourage growth in areas experiencing
insufficient economic growth, all within the capacities of the state's natural
resources, public services, and public facillties. "
· Goal # 12 Public Facilities and Services: "Ensure that those public facilities and
services necessary to support development shall be adequate to serve the
development at the time the development is available for occupancy and use
without decreasing current service levels below locally established minimum
standards."
5. LAND USE ELEMENT: The property is located in the Wheaton Way Corridor Specific
Area Plan (Element E, 11, E-3 (page 55)). Policies for the Wheaton Way Corridor
that are applicable to future development include the following.
· "Development shallprovide interconnectingpedestrian walkways, to the greatest
extent possible, to encourage walla'ng. "
· "Theprovision of safe andfrequentpedestrian crossings ofWheaton ~Vay shall
be a priority and shall not be precluded by the need to move large volumes of
traffic."
· "AstreettreeprogramshallbeestablishedbytheCityandappliedtoallnewand
expanding development through their landscape plans."
· "New curb cuts and driveways shall be discouraged. Frontage roads or common
access points serving several adjacent properties are preferred."
· "For transportation planning purposes, priority shall be given to Plan
Amendments and Rezones that wouM increase residential density within one-
fourth mile of the ~Vheaton Way Corridor."
· "In considering design alternatives, preferential treatment shall be given to
designs that favor mass transit, car-pooling, bicycling, or walking over the single-
occupant vehicles."
6. TRANSPORTATION ELEMENT: Warren Avenue/Wheaton Way (SR 303) is designated a
Principal Arterial in the Comprehensive Plan. Level of Service for this roadway is
suggested to be maintained at a LOS F with a volume/capacity (v/c) ratio threshold of
1.08.
"Level of Service F describes forced flow operation at very low speeds.
Operations are characterized by stop-and_go traffic. Vehicles may progress
at reasonable speeds for several hundred feet or more, then be required to
stop in a cyclic fashion. Long delays of over 60 seconds per vehicle occur
at signalized intersections." Volume/Capacity Ratio is greater than 1.0.
ZONING
The current zoning is Residential Low-density (SF-3). The rezone of this property to
General Business is consistent with the majority of the zoning along the Wheaton Way
Corridor.
To the west in close proximity are parcels zoned Residential Medium-density (MF) and
Professional Office (PO).
OTHER INFORMATION
FUTURE ACTIVITY:
The applicant is proposing to rezone the subject property to bring the existing zoning in
conformance with the City's Comprehensive Plan. If approval is granted, the applicant
has indicated in their Environmental Checklist that a development to accommodate two
retail type buildings, parking and landscaping is planned. Site plan review and individual
building permit applications will be submitted at a future date. (See Appendix E.
PREVIOUS LAND USE ACTIONS.
In 2000, Loveless/Brook Inc submitted an application for a Comprehensive Plan
Amendment and Official Zoning Map amendment (File Number PL00-0061) that
included the subject property and the land adjacent 1,100 feet west. The Planning
Commission denied the application on July 31, 2001 based on the following:
· the Comprehensive Plan does not include specific policy direction that supports the
expansion of general commercial uses; and
· the commercial component posed to increase site-generated traffic on local access
residential streets and create other operation impacts on the surrounding low-density
residential neighborhood.
STAFF ANALYSIS:
I. Rezone for specific properties or small area are a Type IV City Council Decision.
The Hearing Examiner has the authority to hold an open-record pre-decision public
hearing and make recommendations to the City Council. The City Council makes the
final decision on the application.
2. Notice pursuant to BMC Section 21.02.895 was provided as follows (See Appendix D
to show the 300-foot radius of property owners).
Date of Application: January 21, 2003
Notice of Completeness: February 6, 2003
Notice of Application: February 17, 2003
Notice of Public Hearing: March 3, 2003
3. The Planning Commission's denial of the Comprehensive Plan Amendment and
Official Zoning Map amendment (File Number PL00-0061) is not applicable. The
existing Comprehensive Plan Designation supports the proposed rezone to General
Business.
4. The following is an analysis of BMC Section 21.02.920(d) Criteria for Approval,
which states a rezone may be approved if all of the following can be answered
"YES." (See Attachment H for applicant's response, which was submitted with the
application.)
(1) Is the proposed rezone consistent with the Compre/~ensive Plan?
Staff Response: YES. BMC 21.02.090, Figure 90, states that the General Business
Zone is consistent with the General & Highway Commercial Comprehensive Plan
Designation.
(2) /s the rezonejust~ed for one or more of the fo/lowing reasons?
· It is in the public interest to approve the rezone to accommodate need
changes wit]~in the immediate vicinity or neighbor/~ood.
Staff Response: YES. The property is located along a major arterial and
coramercial corridor. The Comprehensive Plan (E-3, C(1)(c) recommends
that the Wheaton Way Corridor must continue to provide a primary function
of providing visible and easily accessible sites for businesses and services.
Whenever an application for a rezone is consistent with the recommendations
in the Comprehensive Plan, it promotes the public interest.
· It will correct a zone classification or boundary' that was inappropriate
when established. ~3
Staff Response: YES. A portion of' the parcel is already zoned General
Business. The existing SF-3 zoning on the remaining property is not
consistent with the Comprehensive Plan Designation. Approval of the rezone
would correct this inconsistency by establishing a zoning classification
consistent with the Comprehensive Plan.
· It is a planned step in a phasing process to gradually bring zoning into
consistency with the 20-year Comprehensive Plan when appropriate.
Staff Response: YES. RCW Section 36.70A.040 requires development
regulations including zoning to be consistent with the Comprehensive Plan.
The existing SF-3 zoning designation is not consistent with the
Comprehensive Plan. Approval of the General Business zone classification
would bring the zoning into consistency with the 20-year Comprehensive
Plan.
· It willplace or remove an overlay zoning designation without affecting the
underlying zoning designation.
Staff Response: Not applicable.
(3) Is there a public need for the proposed rezone that will clearly benefit the
local neighborhood and/or the community of Bremerton?
Staff Response: YES. Property zoned for commercial uses benefits the
public in that it creates opportunities for job growth and greater tax revenue
generation for the City. Since the property's Comprehensive Plan
Designation is for commercial activity, approval of the rezone will benefit
the community of Bremerton.
(4) Are all essential public facilities and services available and adequate, or can
be made available to serve the type and levels of development permitted in
the requested zone.
Staff Response: YES. Public water, sanitary sewer, and storm sewer
presently serve the site.
(5) Will the area being proposed for rezoning become part of a larger zoning
district or form a new district, which will not be considered an isolated "spot
zone?"
6 107
Staff Response: YES. The proposed rezone of this property would connect
to the General Business zoning dis~cts to the North, South and East. It is
not classified as a "spot zone."
5. The impacts of commercial development on traffic flows in the area are speculative at
this time since a commercial project is not proposed at this time. Specific traffic
impacts should be addressed during site plan and building permit review.
The traffic designation of a Level of Service F suggests that any increase in traffic
caused by a new development at this site would not be inconsistent with the
Comprehensive Plan.
6. A Determination of Nonsignificance was issued. No public comments were received
by the Department of Community Development on the environmental determination.
7. COMMENTS (SEE APPENDIX E):
City Department Comments Received
Public Works None
Fire OK
Local and State Agencies Comments Received
Department of Community, Trade None
and Economic Development
Puget Sound Water Quality Action None
Team
Suquamish Tribe None
Department of Fish & Wildlife None
Department of Transportation None
Department of Natural Resources None
Depm hnent of Transportation None
Olympic Region Developer Services
Department of Ecology None
Kitsap Transit None
Bremerton - Kitsap County Health None
District
Kitsap County Department of None
_Community Development
6. PUBLIC COMMENTS RECEIVED (as of March 11, 2003):
I Who Summary of Comments
Ken Deshane Favors the rezone.
Arbys
9985 Silverdale Way NW
Silverdale, WA 98383
FINDINGS:
Thc City of Bremerton Department of Con'u'nunity Development makes the following
findings in support of the conclusion for thc rezone.
1. Pursuant to thc provisions of RCW Section 36.70B.040, thc proposed rezone is
consistent with the Goals and Policies of the City of Bremerton Comprehensive Plan.
2. Pursuant to thc provisions of BMC Section 21.02.090, Figure 90, the proposed rezone
to General Business (GB) Zone is consistent with the Comprehensive Plan
Designation for General & Highway Commercial (C-G) areas.
3. Pursuant to the provision of BMC Section 21.02.920(d), the proposed rezone meets
thc Criteria for Approval.
4. Pursuant to the provisions of WAC 197-11-355, the applicant prepared an
Environmental Checklist for a project action and the Department of Community
Development issued on March 3, 2003 a Determination of Nonsignificance (DNS)
using the optional DNS process. No public comments were received.
5. Pursuant to the provisions of BMC Section 21.02.895(d) public notice for the hearing
was published on March 3, 2003 in the City's official newspaper, posted on the
property and distributed to owners of record of all parcels within a radius of three
hundred (300) feet of the subject parcel. Written comments supporting the rezone
were received.
CONCLUSION
If approved, the proposal would comply with the City of Bremerton Comprehensive Plan
and applicable Bremerton Municipal Code development regulations subject to the
following conditions.
1. If regulated wetlands, streams and/or drainage courses are identified that might be
potentially significantly adversely impacted, mitigation may be required in order to
comply with the City of Bremerton's Critical Land Ordinance (BMC Chapter 21.22).
2. If any artifacts are uncovered, the Bremerton Department of Community
Development or the State Historic Preservation Office in Olympia must be notified.
3. Any new development must have a traffic analysis indicating that Level of Service
shall be at or better than a service standard of LOS F (v/c = 1.08).
4. In considering design alternatives, preferential treatment shall be given to designs that
favor mass transit, car-pooling, bicycling, or walking over the single-occupant
vehicle.
5. Development shall provide interconnecting pedestrian walkways, to the greatest
extent possible, to encourage walking.
SIGNATURE OF STAFF PREPARING REPORT:
Robert J. Grumbach
City of Bremerton Department of Community Development
Current Planner
Ilo
~-,!05 /~ /007-01 ~'~
~ ~ ,~ O0 -00 ~
EAST BROAD STREET
075
055
Potential Site Plan
Rid~eil Road
Resol~cn Nc. ~
APPEND~ B
Comprehensive Plan Designation
PI
RE: NOTICE OF HEARING AND S~A DETERMINAT~N "'
To Whom Il May Concern:
Enclosed is the Notice of Public Hearing and Oelerminatio,"l of Nonsignificance (DN$) for the
above-referenced applic&tiC,'l re§arding a $ite-$p=ciflc rezone of ~roperty =t 3915 LVheaton Way.
You are invited to attend the pubric hearing and/or provide written and/or oral commen~s, A DNS
was issued for this proposal utilized the optlonel DN$ process as provided by WAC 19;'-11-355
if yo~; have a'~y questions, please feel free to carl at (360) 475-5379,
Si1'Icef'ely,
Robe~ J. Grumbach
Current Planner
Enclosure; Notice of Puulic Hearing and Determination of Nonsignificance
BREMERTON HEARING EXAMINER
PUBLIC HEARING
March 18, 2003
SIGN-IN SHEET
ORDINANCE NO.
AN ORDINANCE of thc City Council of the City of
Bremcrton, Washington, relating to Land Use and Zoning,
specifically the rezoning of approximately 1.6 acres of property
located at 3915 Wheaton Way from Single Family 3 (SF-3) to
General Business (GB). (PL03-0001).
WHEREAS, an application to rezone approximately 1.6 acres from the current
zoning of Single Family 3 (SF-3) to General Business (GB) was filed on January 21, 2003 SWC
Partnership; and
WHEREAS, the City's SEPA responsible official issued a Determination of
Nonsignificance (DNS) for the proposed rezone on March 3, 2003 and
WHEREAS, a public hearing on the S.~.WC ~a~nership Rezone was held before the
Administrative Heating Examiner on March 18, 2003~;'~nd
WHEREAS, on March 28, Heating Examiner issued
findings that the SWC Partnership Rezone is Plan, that
the proposed rezone and subseq~ r would be compatible with the
development in the vicinity, that the will not impact the level of service
designation for th, property, that the rezone will not
result in a decrease of curren uses in the area or the City, that
the proposed rezone d~ffers fro~.the ~lication in that it involves the first 200 feet of
depth from Wheaton Way and n~i:the r~b.r of the property, and that the proposed rezone is in the
public interest; and
WHEREAS, the findings are consistent with the standards for rezone set forth in
Section 21.02.920 of the Bremerton City Code; and
WHEREAS, the Bremerton Hearing Examiner recommended approval of the
SWC Partnership Rezone on March 28, 2003, as submitted by the applicant; and
WHEREAS, on May 14, 2003, the City Council moved to accept the findings of
the Hearing Examiner and the Hearing Examiner's recommendation for approval of the SWC
Partnership Rezone from Single Family 3 (SF-3) to General Business (GB); NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHiNGTON,
DOES HEREBY ORDAiN AS FOLLOWS:
1
Rezone - SWC Partnership
SECTION 1. The property located at 3915 Wheaton Way, Bremerton,
Washington consisting of approximately 1.6 acres depicted in Exhibit "A" and legally described
as set forth in Exhibit "B", both attached hereto and incorporated herein by this reference, is
rezoned from Single Family 3 (SF-3) to General Business (GB) and the City of Bremerton zoning
map is hereby amended to reflect the same.
SECTION 2. Pursuant to the Administrative Hearing Examiner's
recommendation, any future development proposed for the site shall be reviewed under the
following conditions:
(a) If regulated wetlands, streams and/or drainage courses are identified that might be
potentially significantly adversely impacted, mitigation may be required in order to comply with
the City of Bremerton's Critical Land Ordinance (BMC Chapter 21.22);
(b) If any artifacts are uncovered, the Bremerton Department of Community
Development or the State Historic Preservation Office in Ol~pia must be notified;
(c) Any new development must have a traffic ~iysis indicating that the Level of
Service shall be at or better than a service standard of L~i:~(v/c = 1.08);
(d) In considering design altematives, pr~f6rential"~tment shall be given to designs
that favor mass transit, car-pooling, bicycling, or ~¢~ over i~'e single-occupant vehicle; and
(e) Development shall provide interconnecting pedestrian walkways, to the greatest
extent possible, to encourage walking. -. ~'
· .~: ~ ~ ~: . .
SECTION3. Severab~itv..~!fany~ne or more sectmns, sub-sectmns, or
sentences of this ordinance are held ~to B~m~lst~tutional or invalid, such decision shall not
affect the validity of the remai ~gthis ordinance and the same shall remain in full
force and effect. .:. :
SECTION 3. Effeci~:bk Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
APPROVED by the City Council the . day of ,2003
PASSED by the City Council the day of ,2003
CAROL ARENDS, Council President
Approved this day of ,2003
CARY BOZEMAN, Mayor
2
Rezone - SWC Partnership
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
PUBLISHED the day of ,2003
EFFECTIVE the .day of ,2003
ORDINANCE NO.
R:\LEGAL\Ordinances\Community Development\Rezone-SWC Partnership.doc
3
Rezone - S WC Partnership
£xh~b±t A
LEGAL DESCRIPTION
Lot 12, OLOF Linne's home tracts, as per plat recorded in volume 5
of Plats, Page 18, Records of Kitsap County, and
the West 200 feet of the East 230 feet of the North Half of the South
Half of the Southeast Quarter of the Northeast Quarter of Section 2,
Township 24 North, Range 1 East, W.M., in Kitsap County,
Washington; except that portion lying north of a fence line per
Superior Court Cause No. 31479
Exhibit B
Rezone - SWC Partnership