HomeMy WebLinkAbout04/09/03 AGENDA 239 4th Street · Brernerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251
CITY COUNCIL MEETING AGENDA
APRIL 9, 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 - March 26, 2003 (#AB03-048) !
.,...-.d----
B. Reimbursement of Right-of-Way Vacation Costs to KPS (#AB03-049)
C. Bid Award to H.D. FOWLER COMPANY for Purchase of Ductile Iron Pipe for 2003
(#AB03-050)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION - Comments limited to 3-minutes
8. NEW BUSINESS
A. Change in Title and Job Description of the "Municipal Services Coordinator" to
"Executive Coordinator" (#AB03-051)
B. Purchase of a TORO GROUNDMASTER 4000-D Mower (#AB03-052)
C. Bid Award to ASSOCIATED UNDERWATER SERVICES, INC. for the Cathodic Protection & c~O
Pile Wrap of the Bremerton Boardwalk (#AB03-053)
D. Application from SEATTLE OUTBOARD ASSOCIATION for Hydroplane & Runabout Race
on Kitsap Lake for May 3 & 4, 2003 (#AB03-054)
E. Amendment No. 2 to the Professional Services Agreement for Design Services with
ACRES INTERNATIONAL CORPORATION (#AB03-055)
(AGENDA CONTINUED ON PAGE 2...)
E-mail: citycouncil@ci.bremerton.wa.us · Web: www. ci.bremerton.wa.us
9. PUBUC HEARINGS - ORDINANCES & RESOLUTIONS
A. Ordinance No. 4851 [Second Reading] amending Section 6.32.110 of the Bremerton
Municipal Code (#AB03-046)
B. Ordinance [First Reading] repealing and replacing Chapter 2.78 of the Bremerton
Municipal Code relating to Real Property Transactions (#AB03-056)
C. Resolution No. 2888, authorizing Interfund Loan from the Contingency Reserve Fund
to the General Fund (#AB03-057)
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10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CITY COUNCIL MEETING
APRIL 9, 2003
SPEAKERS LIST
If you wish to make an announcement, inform the Council of an issue, or ask a genera/question...P/ease
provide information below so staff will be able to contact you.
Thank you.
NAME ADDRES S/TELEPHONE TOPIC
2. ~ ~ ~y~ 7 ~ z -.~ / Z l A
AGENDA BILL
BREMERTON CITY COUNCIL
1. J.S_U_I~_E.C~: FOR AGENDA OF: APRIL 9, 2003
ORIGINATING DEPT: CITY COUNCIL
MINUTES OF MEETING - MARCH 26, 2003 ORIGINATOR: CAROL AP, ENDS, PRESIDENT
DATE SUBMITTED: MARCH 27, 2003
2. ~: (Comment on back ifnecessary) 3. EXHIBITS:
ENDORSEMENT [] INFORMATION [] APPROVED FOR SUBMITTAL BY
COUNCIL PRESIDENT: ,
MAYOR: (-~-<g z.~,.~ c/~? ~_~,-..c~ t~' ~'
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
5. RECOMMENDATIQN:
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
8. AGENDA BILL NO.: (~),3 - (~ tj ~
9. IMPACT OF NON-PASSAGE:
I0. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
TAPE #1885
CITY COUNCIL MEETING MINUTES
March 26, 2003
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, March 26, 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, Cecil McConnell, and Wayne
OIsen. Council member Eric Younger was 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 Deacon Roy Mclnnis of Sinclair Missionary Baptist
Church.
President Arends made the following announcements:
1. A Pro-Council session was held in the Council Conference Room to discuss updates to
the meeting Agenda.
CONSENT AGENDA A. Minutes of Meeting - March 19, 2003 (#AB03-044)
B. Purchase of a Fairway Mower for the Gold Mountain Golf Complex (#AB03-045)
#0015 M/S/C/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.
#0035 M/S/C/U (McConnell/Short) On March 26, 2003, the Council approved payment for
Check Numbers 279583 through 279807 in the amount of $981,838.20.
COUNCIL MEMBERS
Mike Shepherd provided a briefing on the issues discussed during the recent District 5 and
Neighborhood meetings, which included plans to build a homeless shelter and neighborhood
revitalization efforts near Evergreen Park.
Ed Roliman discussed his attendance at the meeting with the Downtown Library Committee
and the Parking Committee meeting on Monday; and provided a follow-up on a citizen concern.
Daren Nvc~ren was pleased with the attendance at the District 3 meeting held yesterday, and
encouraged all citizens to attend their local Neighborhood meeting; met with the Manette
Business District; and discussed the Manette Plan involving a walking trail through Manette.
Wayne Olsen apologized to the public for "dressing down" tonight as all his clothes were
packed and ready for his month long trip to Europe.
President Arend$ discussed her attendance at the Public Facilities District and the Downtown
Library Committee meetings; and expressed her condolences to the families of Gary Sexton at
the loss of his brother, and the family of Mike Short at the loss of his great niece.
TAPE #1885
City Council Reg. Mtg. Minutes
March 26, 2003
Page 2 of 4
MAYOR'S REPORT Mayor Bozeman ... · Discussed the fundraising campaign for the YMCA;
· Watched the ice being laid at the Bremerton Ice Arena on Friday, and announced the
Grand Opening is planned for May 17;
· Thanked Gene Sampley and Utilities staff for their work to prepare the Conference
Center site for excavation next week;
· Expressed his desire to bdng a Boys & Girls Club to the area;
· Provided a Legislative update, noting that the Bills on Annexation and Passenger
Ferries are still "alive";
· Announced that the Anderson Cove Study is planned for an upcoming study session;
· Indicated the Arts Community is requesting that the City consider a "1% for Arts"
ordinance, which may be a topic for Council review at a later time;
· Mentioned that ways to improve "citizen outreach" was discussed at the Department
Head Retreat, and that a "Speaker's Bureau" brochure would soon be developed;
· Established that the Regional Library is having financial difficulties and may be looking
at levy lid lifts in the next few years. The City may need to re-evaluate the amount of
funding that could be provided to the downtown library for maintenance costs;
· The Emergency Medical Service Levy will be up this year so a proposal for a new 6-year
levy will be provided to Council at a later time [scheduled for Council review 4/2/03];
· Invited Paul Lucas to present several awards to recognize Tom Cressman as "Safety
Employee of the Year"; and Wayne Hamilton, Utilities Operations Manager, for leading
the "Safety Crew of the Year", including his three Supervisors Bob Zurbruqq, Pat
Jacobsen, and Chris Mottner.
PUBLIC RECOGNITION
Allen Shute thanked Del Knauss for informing the public about the pay-issue in the Mayor's
office; and asked Ed Rollman to keep him up-to-date on the Parking Committee.
Helen Miller thanked Chuck Haselwood for sponsoring a "Rally for the Troop" event; and
encouraged the City to spend the Public Safety Bond funds appropriately.
Bill Hoke of the "Positively Bremerton Association" announced the group's new website at
www.hellopositivelybremerton.com. He explained that people can join for free, and extended
an invitation to Helen Miller to join. He also announced that Jazz nights are every Thursday
from 7:00 to 10:00 P.M. at City Limits; and thanked McGavin's Bakery for their peach
champagne cake for a recent event.
M. Shane Shrodt with "Positively Bremerton" discussed how wonder[ul Bremerton is.
H, Emily Moshay with "Positively Bremerton" informed the public that a newsletter about all
that is happening in Bremerton is in the works.
Paul Drnievic announced a music event on April 10 of "Simon & Son"; and expressed his
concerns that the City is using a "City Manager" form of government without the approval of the
citizens.
John Lyall of "Positively Bremerton" reminded the Council that they are a policy setting body
and should focus on moving the city forward rather than focusing on day to day operations.
Dianne Robinson inquired if a "Homeland Security for the Community" policy was in place.
TAPE #1885
City Council Reg. Mtg. Minutes
March 26, 2003
Page 3 of 4
8A - SET ENTRY LEVEL SALARY RANGE FOR MANAGEMENT AND PROFESSIONAL
EMPLOYEES HIRED SINCE JANUARY 1, 1994 ABOVE STEP 1 (#AB03-047): Michael
Wilson, Director of Finance, summarized that after review of appointments of employees
covered under this "management and professional" classification, there does not appear to be
any formal record that the City Council approved the hiring of certain "management and
professional" staff at salary levels above Rate 1. In order to correct this error or oversight, a list
of such employees is herewith submitted, together with a request that the City Council confirms
and approves the respective salary rates of these employees. In addition, a brief statement on
the background and experience of each employee to provide justification and support for such
request is also submitted for review.
Mr. Short pointed out that this action is being taken to correct a violation of the BREMERTON
MUNICIPAL CODE as well as the CHARTER FOR THE CITY OF BREMERTON.
#1155 M/S/C/U (McConnell/Olsen) Move to ratify the salaries of the initial hires of
"management and professional" employees based on the salary bands and rates on the dates
of hire as set forth under Attachment "A".
9A- ORDINANCE NO. 4850 (SECOND READING) REPEALING AND REPLACING
CHAPTER 9.88 AND TITLE 9A OF THE BREMERTON MUNICIPAL CODE (#AB03-043): The
first reading of this ordinance was heard on March fg, 2003. Simon Stocker, Assistant City
Attorney, was available to answer any questions. He also referred to the previous discussion
regarding "protesters" during first reading last week, and clarified that peaceful protesters who
create dangerous situations in the City may be subject to arrest. He also noted that an
amendment has been made to "SECTION 9A.24.160 AIMING OR DISCHARGING FIREARMS~ OR
DISCHARGING EXPLOSIVES PROHIBITED - PENALTY - EXCEPTIONS", to include "or police animal'
after "...human being..." in Items (1) and (2).
There were no comments from the public.
Mr. Rollman determined from information provided by the Police Department that people who
attempt suicide by jumping off of bridges would not be charged with misdemeanor as he
previously thought, and therefore did support this ordinance as presented; however, he asked if
the amendment addressing "police animals" would make the violation a felony or a
misdemeanor? Also, was there a state law the City could use to turn the misdemeanor into a
felony? Mr. Stocker responded that the violation would carry a misdemeanor charge, and that
the state law against killing a police animal carries a Class C felony, but further research would
be needed. Mr. Lubovich added that the City only has jurisdiction on misdemeanors and this
ordinance addresses aiming or discharging a firearm at a person or police animal, which carry
misdemeanor charges. If a homicide occurs, state law would have to be applied.
Mr. McConnell asked if the prosecutor has the leeway to charge either misdemeanor or felony
based on the situation. Mr. Stocker provided the example that if a police dog were shot, that
would be the more specific charge rather than charging for aiming a weapon at the police dog.
#1535 M/S/C (McConnell/Olsen) Move to pass Ordinance no. 4850 on second reading.
Voted in favor of Motion: Rollman, Maupin, Short, Olsen, McConnell, Nygren, and Arends
Voted opposed to Motion: Shepherd
Motion carried: 7-Yes; and 1-No
TAPE #1885
City Council Reg. Mtg. Minutes
March 26, 2003
Page 4 of 4
9B - ORDINANCE (FIRST READING) AMENDING SECTION 6.32.100 OF THE BREMERTON
MUNICIPAL CODE (#AB03-046): Simon Stocker., Assistant City Attorney, summarized that
the current provisions of BMC Section 6.32.110 result in the inability to enforce limits on the
volume of sound emitted from audio equipment when the source of such sound is located upon
the property of the operator of the audio equipment. The proposed ordinance eliminates the
exception to the volume limit on property of the operator of audio equipment.
Dr. Gerrin.q asked what decibel rating would apply? Mr. Stocker responded that there is no
decibel rating for this particular noise restriction, but the noise is measured on whether or not
the noise is audible 50 feet or greater from the property line. He added that the police would
respond based on cemplaints only.
David Pippin asked if there is a permit process to override the law in Bremerton? Mr. Stocker
answered no.
Mr. Shepherd pointed out that he supported the changes to be made and was pleased that
there would be a tool available for citizens who are affected by noise pollution.
Mr. Short emphasized that responses to noise violations would be complaint driven, and
individuals who notify their neighbors of pending parties would result in those neighbors being
more receptive to short term noise.
Mr. Nv(~ren asked if this ordinance would also apply to commemial establishments and nearby
residents? Mr. Stocker stated that yes, the ordinance would apply. Mr. Nyqren asked if the
ordinance would address live music? Mr. Stocker answered that live music is addressed under
a separate section.
Mr. Rollman asked if there is an exception made in the ordinance for the large carillon bells
located downtown? Mr. Lubovich clarified that there is a section in the ordinance that exempts
bells and chimes from being unreasonable noise sources.
#1935 M/S/C/U (Shepherd/Short) Move to approve the proposed ordinance on first reading as
amended.
With no further business, the regular meeting of the City Council was adjourned at 6:35 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/P J/Is/cge
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: 2rial'c,.. 3'lZ'Lr003
Reimbursement of Right-of-Way ORIGINATING DEPT: Public Works & Util
Vacation Costs to KPS ORIGINATOR: W. Eugene Sampley, Director
DATE SUBMITTED: March 18, 200
2. CLEARANCES (comment on,baek-4f-nee, gssaD0~ ..... 3. EXHIBITS:
City Attorne,- . '~~'~
Operations Committee ~ J
Fiscal & Budget Committee C g¥--k~t.~--~'~ V/C,~O~,~,~,3t''
ENDORSE~RMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~ {¢.._~ ~ COUNCIL PRESIDENT ('_~/2~-¢/_ ~--~--(.~to, r_~-t<~;
4. SUMMARY STATEMENT ~,'NI) REQUIREMENT FOR COUNCIL ACTION:
The City Council, by Ordinance No 4811, vacated a portion of the alley located between Warren and Park Avenues
connecting Fourth and Fi~h Streets. Kitsap Physicians Service (KPS), petitioner and owner of the adjaeem property, prepaid
$18,547.20, the value of thc vacated right-of-way, at the time of the application in accordance with thc staff report and Ci~'
policy.. However, KPS convey'ed to the Cid' an equivalent right.-of-way to correspond with existing access. Therefore, at thc
Public Hearing on Ordinance 4811 the Director of Public Works and Utilities recmnmcnded that no fee be required because of
the equivalent transfer of property rights; however, no reimbursement has been made. It is recommended that Ci.ty Council
approve reimbursement to Kitsap Physicians Service in the amount of $18,547.20.
8. RECOMMENDATION
Thc Ci~' Council approve reimbursement to Kitsap Physicians SevAce for prepaid rightOof way vacation fees in the amoum
of $18.547.20.
9. RESPONSIBLE OFFICIAL: Director, PW&U
ENFORCEMENT OFFICIAL: Director, PW&U
EXPIRATION DATE: N/A
REVIEW DATE: N/A
10. NOTICE OF ACTION ~~
PULLED TABLED __ APPROVED DISAPPROVED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO:
7
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued from page 1)
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffing: NA
Budget: None
Facilities/Equipment: NA
7. RESEARCH SOURCES: Ordinance No. 4811 and associated StaffReport.
2
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUB. CT: FOR AGENDA OF: April 9, 2003
Bid Award Recommendation - Purchase ORIGINATING DEPT: Public Works & Utilities
of Ductile Iron Pipe for Year 2003 ORIGINATOR: W. Hamilton, Util Ops Mg?~'/
· / ~//~' ~f,~ DATE SUBMITTED: March 19, 2003
2. CLEARANCES. (Commentonba)~k~f~ ~///~. ~ "-~- . 3.
EXI~RITS:
Director WaU · Bid Tabulation
City Attorney
Finance Director (~/~ /~ ~t~/~ /
Purch ~a~.ing Manager "-'~ ~'~2~
Operations Committee ~~/__
Fiscal & Budget Comm. ~'~ ~,~
ENDORSEMENT I~_~_Q~RMATION APPROVED B~Y COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Call for bids was prepared, advertised, distributed and received in accordance with City bid procedures. Three
(3) bids were received. The low bidder is HD. Fowler Company, Bremerton, WA. This company has won the bid
award for ductile piping the previous two years and the City of Bremerton uses them for purchasing o£inventory. They
have proven to be a responsible, reliable and cooperative company.
8. RECOMMENDATION:
That the City Council approve the low bid of H.D Fowler Company and authorize the Mayor to execute the
contract for purchase o£ductile iron pipe, subject to City administrative policies and procedures.
9. RESPONSIBLE OFFICIAL: Director of Public Works & Utilities
ENFORCEMENT OFFICIAL: Utilities Operations Manager
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED __ TABLED__ APPROVED__ DISAPPROVED AMENDED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: ~'5~ ~ ~ ,"~,~(5
2. CI,F, ARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Public Works & Utilities would have to purchase ductile iron pipe in smaller quantities and would not receive
the cost benefits we will get fi.om approval of this contract.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTm~R RESOURCES:
NONE
7. RESEARCH SOURCES:
{~97012~_1 .ab}
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Change in the Title and Job FOR AGENDA OF: April 9, 2003
Description of the "Municipal Services Coordinator" ORIGINATING DEPT: Finance Dept.
to"Executive Coordinator" ORIGINATOR: Michael R. Wilson
DATE SUBMITTED: April 3, 2003
2. CLEARANCES: (comment on back if necessary) 3. EXHIBITS:
City Attorney A~April 3, 2003 Memorandum
Director, Finance ~B. Job Description- Executive Coordinator
Human Resources
Budget Finance Committee
Operations Committee
ENDORSEM~__ ~TION__ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
Y~.YOR ~ ~ COUNCIL PRESIDENT /~ J~La~//~_~)
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Over the last several months, the job description and title for the position of "Municipal Services Coordinator"
has been reviewed. It is proposed that the job description be modified to fit the responsibilities of the position
in order to suppor~ the Mayor in the effective administration of the City's business.
8. RECOMMENDED ACTION: It is recommended that the City Council approve a change in the title of
the position of "Municipal Services Coordinator" to "Executive Coordinator" and approve the attached new job
description.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION~~
PULLED TABLED APPROVED DISAPPROVED__~~ED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
7. RESEARCH SOURCES
Department of Finance
239 Fourth Street, Bremerton, WA 98337
Telephone: 360~478-5590
Fax: 360-478~5200
mwilson@ci, bremerton, wa.us
Michael R. Wilson, Director of Finance
TO: Carol Arends, President, Bremerton City Council
Bremerton City Council Members
/
FROM: Michael R. Wilson
Director, Finance Department
SUBJECT: Job Description - Executive Coordinator (Municipal Services Coordinator)
DATE: April 3, 2003
Over the last two weeks, I have undertaken the responsibility to review and evaluate the position
of "Municipal Services Coordinator" in an effort to develop a job description and title that more
aptly reflects the responsibilities and relevance of this position.
As a result of this assessment, it is my recommendation that the City Council approve a change in
the tit~e ~f the p~siti~n ~f``Mmfmipal Services C~~rdinat~r~~ t~ ``Executive C~~rdinat~r~~. In
addition to this title change, I am providing you with the attached job description, as revised from
the April 2 Council Study Session, for implementing changes to the responsibilities of this position
that are or need to be performed in order to support the Mayor in the effective and responsible
administration of the City's business affairs.
CITY OF BREMERTON
JOB DESCRIPTION
POSITION TITLE: Executive Coordinator
DEPARTMENT: Office of the Mayor
DATE: April 10, 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:
Participates in the Mayor's Executive Team in an advisory capacity with respect to all functions
pertinent to the Mayor's office, municipal affairs and city relationships with the public.
Represents the Executive team and the Mayor in advising the Department Heads and Contract
Employees of the Executive Office on relevant municipal issues.
Meets with Department Heads to discuss issues pertinent to their offices and functions.
Coordinates with other depamnents, 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.
~City Boards and Commissions applications, conducts interviews for placement on
beards, commissions and committees and makes 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.
Attends the Mayor's meetings with city staff and members of the public as requested by the
Mayor.
1
/5
Works with Human Resources Director to research and recommend programs for improving staff
morale and productivity.
k°"~,es-the' ~ Mayor's communication work group to coordinate public relations, outreach and
marketing activities for the City.
,.2~-~acilitates and coordinates fife 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 staffmeetings 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 inquiries 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.
Corr: .r
~Manag*s 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 the 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 from 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
2
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 application sofrware.
· 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:
Work requires frequent sitting and standing, the ability to operate office machines including
telephone, fax, computer terminal and copy machine, and occasional lifting over 30 pounds.
Regular presentations require public speaking ability and the use of audio visual equipment.
Must be able to understand and give complex written and oral instruction. Frequent automobile
and occasional air travel are required.
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:
Work is primarily performed in an office environment with frequent evening and occasional
week-end meetings are required. Frequent local travel and occasional in state and out of state
travel required.
LEGAL AND REGULATORY EMPLOYMENT CONDITIONS · Fair Labor Standards Act: The classification is exempt under the laws of fair Labor
Standards Act minimum wage and overtime provisions.
· Representation: Non-represented
· Civil Service: The classification is excluded in the City's Civil Service System.
· Appointment and Removal Authority: Appointed by Mayor and confirmed by the City
Council. Removed by Mayor.
This classification specification does not constitute an employment agreement between the City
and employee. It is subject to change by the City as the needs of the City and requirements
change.
3
AGENDA Bt'LL
BREMERTON CTrY COUNCIL
1. ~ FOR AGENDA OF: ~
Purchase of Toro 4000D Mower OI~TGINAT~NG DEPT: PW&U Eouioment
ORIGINATOR: //~ 3im Orton. Fleet Manaoer
DATE SUBIRz~ ~=D: /~ M h 2
2. ~ (Comment on back 3. EXHTB~TS:
Director, PW & Utilities .
Purchasing Manager
Finance Director
Director Of Parks & Rec~=~t~
Fin & Budget Corem
Operations Comm
ENDORSEMENT [] .~NlipRI~T~ON [] APPROVED BY COUNCIL PRESTDENT FOR SUBM~ErAL:
MAYO .COUNCZL PRES]~DENT
SUMMARY STATEHEMT AND REOUTREMENT FOR COU _N~'_L AC"I/ONI
Parks and Recreation is requesting purchase of a 2003 Toro Groundmaster q000-D Mower. Purchase price is
$46,690.09. The expenditure of this amount for a mower is authorized in the approved 2003 budget but not specific to
the brand and model requested. Funds are available thru the 510 (Equipment Rental Reserve) from vehides 1837 and
1855. ER&R will fund all but about $1500 which will be provided by the Parks and Recreation Department.
That the City Council authorize the purchase of a Toro Groundmaster 4000-D Mower in the amount of $46,690.09.
9. RESPONSIBLE OFFiCLa, L: Director of Public Works and UtJliti~;
ENFORCEMENT OFFalS, AL: ~ Division Manaocr
10. NOT/CE OF ACT/ON
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AHENDEDi~ ~
11. AGENDA BILL NO.: ~", ~ u ~)-
/8
2. CLEARANCE COMMENTS:
3. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTZON - Conld p_,_,_M~_'~
6. ZMPACT ON NON-PASSAGE:
Parks Department will spend much more time in mowing operations and transporting the older model mower.
7. ZHPACT ON STAFFZNG. BUDGETS. FA~'T/T'~ES. EC)UZPHENT AND OTHER pFrd'~lRr'F¢:
None.
AGENDA BH J~
BREMERTON CITY COUNCIL
1. SUBJECT: Bid Award - FOR AGENDA OF: April 9, 2003
Bremerton Boardwalk- ORIGINATING DEPT: Parks & Recreation
Cathodic Protection & Pile Wrap ORIGINATOR: Jim Spencer
to Associated Underwater Services, Inc. DATE SUBbflTTED: April 1, 2003
CLEARANCES: 3. EXHIBITS:
(Comm~m o~ b~k if ne~z~xy~ ~, ,/
Pm4~s & ~ ~ ~ Bid ~g Li~
Ci~ A~: ' _' , B~ Adj~t
F~ & B~m C~:
ENDORSEMENT INFORMATION APPROVED BY COUNCIL PRESIDENT FOR $UBMrl-rAL:
4, SUMMARy ST~ATEMENT AND REQ~EMENT FOR COUNCIL ACTION:
Bids were o~ened on Monday, March 10, 2003 for ~h¢ Breme~on Boardwalk Cathodic Protection & Pile
Wrap Projeet. A fetal of seven (7) bids wel-e received for this project (see attached Bid Opening List).
The low bidder is Associated Underwater Services from Spokane, WA for the Lump Sum Bid of
$201,273.00. The total conWa~ amount, in¢ludin~ Wanh!ngtOn S~ate Sales Tax, is $218,381.21.
8. RECOMbIENDATION:
That ~ City Council approve the contract award to Associated Underwater Sen4ces, Inc. of Spokane for
The Cathodic Protection & Pile Wrap of 13 l-steel piles at the Bremetten Boardwalk in the amount of
$215,381.21aad authmize the Mayor to execute tim comra~t subject to current City Adminislmlive Policies
and Procedures. Additionally, approve the retaled budget adjustment subject to cunrcnt ~ AdminisWali~
9. RESPONSIBLE OFFICIAL: Director of Parks & R09're~0n
ENFORCEMENT OFFICIAL: Director of Parks & Rg~:reation
EXPIRATION DATE:
REVIEW DATE:
10. No~ce, ole 4scrloN
PULLED TABLED APPROVED DISAPPROVED A~_~
COUNCIL DIP~CTIVE: DATE:
11. AGI~NDA BILL #: 03- '. ~ '~
CP&PW Agenda Bil! ~0 revised 03/19/03 ....11:42 AM
2. CLEARANCE COM1MENTS:
5. IMPACT OF NON-PASSAG]E:
The catlzziic prot~tion and pile wrap system would not be installed. This would lead to further
cl~g~_on and ultimat~ failure.
The ~x~d Contra~t (~02-99400-012) on Octo~r 25, 2002 b~qween tl~ State of Washington
D~pamnent ogCommunity, Trad~ and Economic Developmem (CTED) and the City of Bremerton would
IMPACT ON STAG. B~ETS. FACII,ITII~.~ EQUIPMENT OR
RESOURCES:
RESEARCH souRcES:
CP/~PW Agenda Bill revis~l 04/02/03 .... 7:08 AM
CITY OF BREMERTON
BUDGET ADJUSTMENT REQUEST
Requesting Department: Parks Facility Construction Adjustment Number: 2003-2
Approval Authority Required:
r-~Treasurer r-~Mayor ~-- Fiscal & Budget r~-lCouncil
SOURCE OF FUNDS: USE OF FUNDS:
Description Amount Description Amount
Grant Revenue 495,750 Capital 495,750
Dept. of Community, Trade & Economic Development
NARRATIVE:
Originally budgeted in 2002, this project is for cathodic protection and pile wrap at the Boardwalk. This
project is funded by a grant from the WA Department of Community, Trade & Economic Development.
Department Head Signature Date ~IF~ D~~
Treasurer Comments:
[~ Recommended [~] Not Recommended ~. ~. ~._ ~; ~ !,l ~,' "' __ ~'/'/-~,?~:,;/
Treasurer's Signature - Date
Mayor Comments:
[-~ Recommended
~ Approved ~-~ Denied
I~ayor's Signet ~.~.!.~ '~ Date
Fiscal & Budget Committee Comments:
[~ Recommended [~ Not Recommended , '-
[~J Approved J~J Denied ',.) ..... \ ~.::.:~,.. "//,/c,?
Fiscal & Budget Committee Signature Date
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Hydroplaned~unabout FOR AGENDA OF: 9 April 2003
Race on Kitsap Lake ORIGINATING DEPT: Parks & Recreation
ORIGINATOR: Jim Spencer, Director
DATE SUBMITTED: 1 April 2003
2. ~: ~~3. EXHIBITS:
(Commeat on ba~k if neceaaary)
City Cle~:
CiW A~: ~ 1) SOA A~li~
F~ ~: ~~~ 2) A~ ~ L~. ~& 24 ~h 2~3
~ ~: ~ -~ 3) Fi~ ~ Wfl~e Lc~r ~t~ 14 ~ 2~3
Fill & B~t Co~: ~~-~
~ Co~:
g~g~ ~ON ~O~D BY CO~C~ P~E~ ~R ~
4, S~Y STA~NT ~D ~Q~IRF~NT FOR COUN~L A~ION:
~e S~ffie O~ Assertion (SOA) ~ ~p~ (E~bit 1) to ~e CiW of Bremeaen for ~ission
~ ho~ a ~~ ~ On ~t~p ~. A m~ing of~ C~ D~c~ (i.e. Polio,
Fi~, ~sk ~em~ CiW A~mey, ~d CiW CI~) ~ ~ven~ to d~e~ne w~t ~
requir~ were ~ ~ o~er for ~e ev~ ~ ~ consid~e~ ~d a 1~ (~bit 2) ~i~
· ~e ~uiremen~ w~ ~d w ~e ~p~t. W~ con~ ~ib~ 3), r~eiv~ Dom ~e
W~ D~ent of Fi~ ~d Wildlife, were M~ess~ ~ ~ed in ~c re~h~uling of ~e
ev~ f~ 3 ~A 4 ~y 2003. A pubic m~ng wi~ d~e~y ~ neighs, ~ held On 10 M~ch
2003 ~ &~s ~e ~sibiliW of hol~g ~s ev~. ~g ~e evenL ~e l~e ~H ~ve ~ be cl~ ~
~l oth~ a~viW,
8. RECOMMENOATION:
Moron to approve the Seattle Outboard Association's application, including the added requirements
documented on exhibit 2, to hold a hydroplanednmabout race on Kitsap Lake on May 3ra and 4t~ 2003.
9. RESPONSIBLE OFFICIAL: Jim Spencer
ENFORCEMENT OFFICIAL: Jim Spencer
EXPIRATION DATE:
REVIEW DATE: ~
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED
COUNCIL DIRECTIVE: DATE:
tl. AGENDA BILL #: "~',~ - /'
2. CLEARANCE COMMENTS:
4, SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION (continued):
5. IMPACT OF NON-PASSAGE;
The hydroplane/r~mabout race will not occur.
IMPACT ON STAFFING. BUDGETS. FACILITIF_~ EQUIPMENT OR OTHER
RESOURCES:
The race applicant will be responsible for adhering to the requirements specified in exhibit 2. Added
costs associated with the event will be at the applicant's exp~nse.
Deputy City Clerk January 27, 2003
Paula Johnston
239 Fourth Street
Bremerton, WA 98337
Dear Paula,
Please accept this letter as the official application on behalf of the Seattle Outboard Association to host a sanctioned regatta
on Kitsap Lake during the weekend of April 26-27, 2003. We are currently working with the US Navy for the use of the
facilities at Camp McKean to host the event, and would only request limited access to the City Park boat launch for rescue
and patrol boats. However, in the event we are unable to acquire the use of Camp McKean, we would appreciate the full
usage of the City Park and boat ramp facilities. 1 will provide you with plenty of advance notice oncethis determination
has been made.
Listed below is the information requested in paragraph 3 of City Ordinance 13.08.080. The same information plus greater
details can be found in the accompanying Regatta Insurance Application.
3a) Sponsoring Organization: Seattle Outboard Association
25526 223~a Ct SE
Maple Valley, WA 98038
3b) Event Contact: John Erickson Ph: (206) 780-9731
P.O. Box 10159 Fax: (206) 780-5167
Bainbridge Is.. WA 98110
3c) Event Name: Kitsap Hydro Fest
Purpose: To conduct and promote the sport of outboard powered boar racing.
3d) General Interests: SOA is a nonprofit organization, founded in the late 1920's, ro promote the sport of
outboard powered boat racing featuring two classes of boats, hydroplanes and runabouts. These boats range in
sizes fi.om 8 to 12 feet in length and the drivers range fi'om juniors, beginning at 9 years old, all the way up to
seniors. Some of SOA's members have gone on to becoming famous professional unlimited hydroplane drivers
including Cinp Hananer and Nate Brown.
3e) Estimated number & types of watercraft: 85-100 outboard powered hydroplanes & runabouts.
30 Estimated number of spectator watercraft: Minimal, maybe 5-8.
3g) Estimated number of persons, participants, and all others: 150-200.
3h} Minimum number of sponsoring boats and persons to patrol the event: At least 5 boats and 6 people.
3i) Time schedule and description of events: 9:30am to 6:00pm, approx. 17 classes with 2 heats each of limited
hydroplanes and runabouts.
3j) Section ora chart showing the boundaries of the event: See accompanying diagram.
3k) Certificate of Insurance: See accompanying American Power Boat Association Insurance Application.
Liability Insurance policy, in the amount of $5,000,000, will be issued prior to event start and copies submitted to
the City of Bremerton.
These regattas provide great spectator entertainment, free, for the whole family to enjoy for the weekend. The event is
strictly sanctioned and insured by the American Power Boat Association, and our respect for the care and usage of the lake
and park facilities, along with the safety of the spectators, is of our utmost concern.
Please let me know if there is any additional information that you will need to process this application. 1 can be reached at
the numbers listed below.
Sincerely,
m Erickson
(~ attle Outboard Association
P.O. Box 10159
Bainbridge Island, WA 98110
(Wk) 206-780-9731 (Fax) 206-780-5167
(Cell) 206-595-9863
24 March 2003
John Erickson
Seattle Outboard Association
PO Box 10159
Bainbridge Island, WA 98110
Deau' John,
The purpose of this letter is to inform you that the application you submitted to the City
of Bremerton on 27 January 2003 on behalf of the Seattle Outboard Association (SOA)
requesting permission to host a regatta on Kitsap Lake has been reviewed by the affected
departments within the City. As required by paragraph 13.08.080(9) of the Bremerton
Municipal Code (BMC), the following requirements are highlighted/added to the
application.
1) The Bremerton Fire Department requires that your organization provide at least
two boats, big enough to accommodate a back board or a Stokes stretcher, be
made available exclusively for rescue purposes. These boats shall be situated in a
location designated by the Fire Chief, and shall comply with all applicable state
and federal laws as required by BMC paragraph 13.08.080(6)(C). Additionally,
you will be required to pay for two (2) paramedics who will be on site for the
duration of the races on both days.
2) The Bremerton Police Department requires that you pay for a police officer on
both days from 9:00 AM to 5:C0 PM. to cover your event. ~
3) The Parks Departmem, acting on advice from the City Attorney's office, requires
that you coordinate with the State Department offish and Wildlife to obtain any
permits or approvals that may be required by thent ffno approval is required
from the State Depasiment offish and Wildlife, a written statement from the
applicant indicating that fact must be submitted.
4) The Risk Manager's office requires the following:
A) SOA must provide a certificate of insurance evidencing $1 million of
general liability insurance which will cover the event and its vendors, if
any, and naming the City of Bremerton as an additional insured.
B) An authorized represemative of the SOA shall thoroughly inspect the race
course, and all areas to be used by spectators or participants, for unsafe
conditions. The event shall not begin or continue until any unsafe
condition has been corrected.
C) As required by BMC 13.08.080(4) a $1,000 performance bond or cash
deposit shall be posted by the applicant.
5) The event will not be allowed to proceed without the approval ofNAVSTA¥~/~,,(-
Bremerton for use of Camp McKean by your organization.
6) In light of the concern raised by the State Department ofFish and Wildlife
concerning the opening of trout season on the weekend of 26 and 27 April, the
event shall be rescheduled to the weekend of 3 and 4 May.
7) At the request of the City Clerk's Office, please submit an additional letter of
application signed by the president or another exeoative officer of the SOA that
includes the following Hold Harmless language'. "The Seattle Outboard
Association agrees to defend, indemnify and hold harmless the City, its appointed
and elected officials and employees, from and against any and all liability, loss,
costs, damage and expenses, including costs and attorney fees in defense thereof
because of actions, claims or lawsuits for damages resulting therefrom, sustained
or alleged to have been sustained by any person or persons and on account of
damage to property, arisin8 or alleged to have arisen directly or indirectly out of
or in consequences of the Seattle Outboard Association's event held on Kitsap
Lake on May 3~d and 4th, 2003 ."
We appreciate your interest in hosting this event on Kitsap Lake, and look forward to
heating from you regarding your plans relative to complying with the requirements
documented above. If you have any questions or concerns, please feel free to contact me
directly at (360) 478-7252.
Sincerely, 1
Director, Brem~ton Park~ & Recreation
Cc Sherfil Huff-Menees, Assistant to the Mayor
Paula $ohnston, Assistant City Clerk
Peggy Lesser, Risk Manger
Beth Leone-Mullins, Community Services Director- NAVSTA Bremetton
Al Duke, Bremerton Fire Chief
Scott Rappleye, Bremerton Fire Depmiu~nt
Rob Forbes, Bremerton Police Chief
~ Rawlins, Bremenon Police Department
Mike Short, District 9 Councilman
Simon Stocker, Assistant City Attorney
MRR 14 '03 OB:~6PM WDFW MOMTESRNO p.~
STATE OF WASHINGTON
DEPARTMENT OF FISH ANO WILDLIFE
48 Devonshire Road, Monfes~n~, Washington 9856~$~Sla , (360) 249.462s FAX (360) 664.0689
M_~h 14, 200~
City of Bremerton
City Attorney's Office
Deer Mr. Stoker;
The proposal to close Kitsap Lake to ~ on the weekend of April 26, 2003 ~S tnconsJste~
with the toals and objectives of the Washineton Deplut'Ine~ offish and Wildlife (WDFW). As
you may be aware, Atxi126 is the "OP~"~e Daf' of trout fishi~ h mos~ lowland lakes in
western Washi~to~L The fourth Saturday of April lm been oponin~ da~ for over ten ~ars
all~lers have developed a lorig-terra expectation that a productb/e trout fishir~ opportunity wi]l be
afforded fl~em on that weekend.
rainbow trou~ ~ Kitsap lake in late March to accommodate an expected peak effort on ope~ne
day. Ai~! punlhase licenses with all expectation that they will be able to fish their usual
· ~ day waters .s_~ those expectations are supported by WDFW publication of~sh plantin~
rates and fl.shlne prospects, by lake. In so doing, we are encouraigng thc public to pafficipate in
these flsharies, It is ;,t~portant.to us to provide for this specific opportunity not only to sati~ the
expectation of those an~lers who consider Kit,sap Lake "fl~eir" ope~in~ day water, hit to provide
as laigh a quality experience as WDFW can for all of our clients. IfKksap Lake is closed
ope~ day, the an~lers destined for g~t water will be forced to seek alternatives. This will
increase crowdi~ beyond nonml le,~ls in ncishborin~ lakes.
At this time, WDFW does not intend to close flshin~ in Ititsep Lake on"Openir~ Day" and hopes
that your event will be reschcduled.
Ron Wan'e~
Regional Fish Progr~'n Manager
cc: Sue Patnude, Regional Director
Lew Atldns, Assistant Dir~or
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: AMENDMENT NO. 2 TO THE FOR AGENDA OF: April 9, 2003
PROFESSIONAL SERVICES AGREEMENT ORIGINATING DEPT: PW&U Engineering Division
FOR DESIGN SERVICES WITH ACRES ORIGINATOR: Michael C. Mecham, City Engineer
INTERNATIONAL COROPORATION. DATE SUBMITTED: March 20, 2003
2. CLEARANCES: (comment on back~q~ss~ ..~ 3. EXHIBITS
Director, Public Works/Utilities //~~ . A. Amendment No. 2 to the Professional
City Attorney ~ Services Agreement
Director, Administrative Services ,~.~_. ~ B. Professional Services Agreement with
Budget & Finance Committee ' , 'c-- - ~cres International Corporation
Operations Committee ~k.N.l"x..,l.,v'.~---- C. Amendment No. 1 to the Professional
ENDORSE~ ~RMATION Services Agreement
APPROVED BY COUNCIL P/P~SIDENT FOR SUBMITTAL:
MAYOR~ /¢:~- ~ COUNCIL PRESIDENT //.-~¢..~..'~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Department of Public Works and Utilities has negotiated an amendment to the Casad Dam Intake Tower
Seismic Upgrade Project Professional Services Agreement for design services with Acres International
Corporation. This amendment adds scope and budget for coordination with the Department of Ecology,
preparation of additional bid documents, and additional review of testing information.. The amendment adds
$24,838.00 to the existing contract, for a revised contract amount not to exceed $212,971.00. There are sufficient
funds within the DWSRF loan to fund this amendment. The requested action before the City Council is approval
of Amendment No. 2 to the existing Professional Services Agreement with Acres International Corporation, in the
amount of $24,838.00.
8. RECOMMENDATION:
The City Council approve Amendment No. 2 to the Professional Services Agreement with Acres International
Corporation in an amount of $24,838.00, for a total contract amount not to exceed $212,971.00, and authorize the
Mayor to execute the same.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION fi
PULLED TABLED APPROVED DISAPPROVED
COUNCIL DIRECTIVE
11. AGENDA BiLL NO:
.31
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The City would not have the design support necessary to complete the project.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCI~:
Staffing: No impacts.
Budget: The Casad Dam Intake Tower Seismic Upgrade Project is funded by a Drinking Water State
Revolving Fund (DWSRF) loan and is included in the 2002 and 2003 Budget.
Facilities: No impacts.
7. RESEARCH SOURCES
ab, Agenda Bills, 2003, Casad Dam Intake Tower, Amendment No. 2 to PSA with Acres International Corp.
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF BREMERTON AND
ACRES INTERNATIONAL
AMENDMENT NO. 2
PROJECT Casad Dam Intake Tower Seismic Upgrade
CONSULTANT Acres International
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Professional Services Agreement
AGREEMENT (the "Contract") entered into between the City of Bremerton and Acres
International~ on January 1, 2002
All provisions in the Contract shall remain in full force and effect except as expressly modified by
this document.
Whereas additional design services were requested by the City of Bremerton, Acres International
desires to modify the contract as further described in Attachment A.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract
are as follows:
Exhibit A (Scope of Work) is modified as follows:
See Amended Scope of Work attached as Attachment I.
Exhibit B (Compensation) is modified per Attachment 1.
The original contract amount was One Hundred l~fty-two Thousand Eight Hundred Fifty-eight
Dollars ($152,858.00). Amendment 1 to the Contract was executed on February 12, 2003 which
added Thirty Five Thousand Two Hundred Seventy Five Dollars ($35~275.00}. The City shall
pay the Consultant for the additional work described above for this proposed Amendment 2, based
on time and materials, an amount not to exceed Twenty Four Thousand Eight Hundred Thirty
Eil~ht ($24.838.00} for a total amended contract amount of Two Hundred Twelve Thousand Nine
Hundred Seven~ One Dollars {$212,971.00), including this Contract Modification.
II.
Consultant accepts all requirements of this Contract Modification by endorsing below. Consultant
further agrees that this Contract Modification constitutes full and final settlement of all 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 I March 26. 2003
Project Number: 417 ~)~ ~
The parties whose names appear below swear 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 Modifications on the day and
year first written above.
I~itials,4ad Date '~
Dept. Director - approved to process /~¢47
Init/fils and Date
CONSULTANT THE CITY OF BREMERTON
By By Cary Bozeman
Its Its Mayor
DATE: DATE:
APPROVED AS TO FORM: ATTEST:
Bremerton City Attomey City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Mr. Robin G. Charlwood City Clerk
Vice President City of Bremerton
Acres International 239 Fourth Street
150 Nickerson Street Suite 310 Bremerton, WA 98337
Seattle, WA 98109
(206) 352-5730
CONTRACT MODIFICATION 2 March 26. 2003
Project Number: 417 ~ ~
Attachment 1
March 10, 2003
Casad Dam Intake Tower Seismic Upgrade
Scope of Work for Tasks Covered by Amendment No. 2
Task 1 - Proiect Management
Subtask 1.4 - Project Management Extension: It is proposed that project
management be extended an additional year, September 2002 through
September 2003. The extension has become necessary since construction was
delayed one year in order to wait for technical information and cost
information from Nippon Steel Corporation concerning their un-bonded brace
struts. PM activities covered under this subtask would be related to providing
technical direction, coordination and management during the final design
phase. Also included under this subtask would be coordination meetings with
the City. A total of 2 additional meeting are assumed. The original contract
covers PM during construction. Starting in January 2003 Acres shall
prepare monthly invoices with progress reports that will include an
estimate of earned value as the basis for requested payment. If the
earned value estimate is less than the accrued labor and expenses charges
the difference will be withheld. Earned value will be estimated based on
the percent complete for each subtask multiplied by the budgeted
amounts. Each monthly invoice will show the total accrued billings and
report the cumulative amount withheld, if any.t
Task 8 -. Design Review
· Subtask 8.4 - Star Seismic Brace Review & Cost Comparison: After initial
contact and receiving proposal from Starr Seismic informed City of potential
seismic brace supplier with a product similar to Nippon Steel's product.
Performed background check on owners of Starr Seismic and their partnership
with PKM Steel Services. (This extra work item was covered by the $1,500
contingency provided under Amendment No. 1 .)
· Subtask 8.5 - Design Review with Department of Ecology: Included
preparation for meeting with the Department of Ecology Dam Safety Office
(DSO), participation in a meeting in Olympia with DSO and providing
reference materials related to the design before and after the meeting.
Reference materials submitted included a progress printing of the design
drawings, basis of design, seismicity report and calculations related to dam
safety under seismic brace loads.
Bold is used to show additional scope added to existing Subtask 1.4 scope.
Task 9 - NineW Percent Design/Final Bid Documents
· Subtask 9. 8 - Nippon Steel Brace Procurement Documents: Prepared a
performance specifications that was used by Nippon as a basis for preparation
ora proposal for fabrication and supply of seismic braces. Reviewed in detail
Nippon's proposal and negotiated requirements for low cycle fatigue
appropriate to the unique requirement of this project.
· Subtask 9.9 - Seismic Brace Bid Documents: Prepared bid documents for
procurement o£seismic braces. Assisted during bidding answering bidder's
questions. Prepared several addendums to the bid documents.
· Subtask 9.10 Design Modi~cations to Incorporate Star Seismic Braces:
Revise design to incorporate Star Seismic brace end connection details that
includes double connection plates instead o£a single connection plates. Also
review any modifications Star may propose to the connection pin design.
Revise contract drawings. (Single connection plates were assumed in the
original design.)
Task 11 Construction Engineering Services
· Subtask 11.6 - Review Star Seismic Brace Test Submittal: Review Star
Seismic submittal showing that they have sufficient test information to justify
fabrication of the Casad seismic braces without further testing.
Casad Dam Intake Tower Seismic Upgrade 10-Mar-03
Amendment No. 2
Table lA - Summary of Estimated Costs
Item Amount
Direct Labor $7,108.~77
Indir~ec_t L~abor (1_) ..... $11,_942.7~3 _
To[al Labor Cost ......... $19,052
Profit (2)~ ......... $2,286.18 $2,286
_._Direct Expenses (3)
~ontin e~ ............ ~3~500
Total: $24,838
Table lB - Summary by Category of Additional Work
Estimate
Direct Labor Labor at Billing
Category of Additional Work Subtask(s) Cost Rate (4) Expenses
Task 8 - Design Review ~
~ 8.4 Star Seismic Brace Review & Cost Corn~ris_ipn~ ::: :::: ~ - --
~8.5~sign Review w!t_h ~.Dg_pariment of Ecology 8.5 _ $1.148.37 93,447 _
Subtotals:_ $1,148.37 $3,4~7__
Task 9 - Ninety Percent Design/-Final Bid Documents - -
I 9.8 Nippon Steel Brace Procurement Documents 9.8 $625.26 $1,877
9.9 Seismic BraceBid Documents 9.9 _ $2,192.46 $6,581
, 9.1_0_D~sl~q_n Mod~ficaSons to Incorporate St~a~£_$~l§m~c Braces 9.10 ,~2,78~.34 $8.354
_ Subtot~al~: _ _$5,~601.06 $16,812
Task 11 - Construction Engineering Services .j ___
___ ! 1.6 Review Star Sesimic Brace Test Submittal 11.5 $359.34 __ _~
, Subtotal: $359.34 $1,079
Amendment Estimate: $7,108.77 $21,338
Notes: 1. Based on 168% of Acres Direct Labor. 2. Based on additional 12% of Acres Total Labor Cost.
3. Expenses based on actual cost for disbursements.
4, Billing Rate = (1.68 +1.00) * 1.12 = 3.0016 x Labor Cost
PROFESSIONAL SERVICES AGREEMENT
CITY OF BREMERTON - CASAD DAM INTAKE TOWER SIESMIC UPGRADE
pREDESIGN, DESIGN, AND BID SUPPORT SERVICES
ACRES INTERNATIONAL CORPORATION
TillS AGREEMENT is between the City ofBremerton, a municipal corporation 0aereinaf~er
referred to as "City" and "Owner") and Acres International Corporation (hereina~er referred to as
"Consultant").
WITNESSETH:
1. SCOPE: Consultant agrees to provide engineering serv/ces for the predesign, design, and
bid support services of the Casad Dam Intake Tower Seismic Upgrade, as further descn'~ed in the
Scope of Work, attached hereto and incorporated herein by tiffs reference as Exhibit "A" (Scope of
Work).
2. TERM: Contract shall commence on the date of this agreement and will terminate on
December 31, 2002, unless otherwise extended by the City.
3. COMPENSATION: City shall pay Consultant compensation as follows:
Total compensation (Cost and Fixed Fee) under this Agreement sl~ll not exceed
$152,178.00. Charges for services shall conform to the fee schedule attached hereto and
incorporated herein as Exhibit '"B".
Consul*sm shall submit regular statements descn%ing the services rendered with a breakdown
for work completed as authorized under this Agreement. The City, upon receipt of the completed
statement, shall promptly process said invoice for payment. The undisputed amount of said invoice
shall be paid v~thln 30 days of receipt.
Additional services which may be requested by the City will be paid for by the City at the
rates set forth in Exhibit B, which sum may exceed the "not to exceed" amount set forth above.
However, said services will only be performed, and compensated by the City after the City has
directed such performance in writing.
4. RELATIONSItlP OF PARTIES: The parties understand and a~ee that Consultant is
a firm skilled in matters pertaining to Civil Engineering and will perform independent functions and
respons~ilities in the area of its particular field of expertise. Consultant and its personnel shall act
as independent contractors and not employees of the City. As such they have no authority to bind
neither the City or control employees of the City, contractors, or other entities. Within the
PROFESSIONAL SERVICES AGREEMENT -1-
Acres International Corporation- January 16, 2002
37
performance of these duties, Consultant shall work under the direction of the Director of Public
Works & Utilities.
5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial
insurance coverage for its personnel as required by State law.
6. LICENSE AND TAXES: Consultant shall possess a current City of Bremerton Business
License and any regulatory license required to i%lfill Consultant's obl/gations under this Agreement.
B & O taxes shall be paid when due.
7. INSURANCE AND HOLD ttARMLESS: Consulmut shall provide professional l/ability
or errors and omi~ions insurance orS1,000,000 per claim and in aggregate and commercial general
liability insurance, including bodily injury and property rtamage, of at least $I,000,000 per occurrence.
The City shall be ~amed an additional insured on the commercial general liability insurance policy.
If such policy is written on a claims made form, the retroactive date shall be prior to or
coincident with the date of this Contract. The policy shall state that coverage is claims made, and
state the retroactive date. If, at any time, claims ~om work performed by the Consultant outside of
this contract, reduces the amount ofinmmnce available for claims under this contract to an amount
less than the minimum requked coverage, the Consultant shall immediately purchase additional
coverage to ensure the minimum required coverage is available for this contract. Cl,ims made form
coverage shall be maintained by the Consultant for a mlnlrmlIn of three yea~s following the
termination oftb.is Contract, provided that such coverage is generally aw~lable at reasonable cost,
and the Consultant shall annually provide the City with proof of renewal. If renewal of the clalm~
made form of coverage becomes generally unavailable, or economically prol~oitive, the Consultant
shall purchase an extended reporting period ('~dl") or execute another form of guarantee acceptable
to the City to assure 5ua~eial respons~ility for t/ability for services performed.
Consultant sball: at all times, be respons~le for the ne~gent or wrongful acts or failures to
act of its personnel which occur or arise in any way out of the performance of this agreement.
Consultant agrees to indemnify and hold harmless the City, its appointed and elected officers and
employees, from and against any and all liability, loss, costs, damage, and expense, including costs
and reasonable attorney fees in defense thereof; because of actions, claims or lawsuits for damages
resulting fi-om personal or bodily injury, inclucl/ng death at any time resulting therefrom, sustained by
any person or persons, and on account of damage to property, to the extent arising om of the
negligent performance of this Agreement, if such injuries to persons or damage to property is due to
the negligence of the Consultant, or its subcontractors, agents or assigns. This provision shall be
inapplicable to the extent such rtamage or injury is caused bythe negl/gence of the City.
In no event shall Consultant have any liability whatsoever to the City for the City's indirect
or consequential ,~amages, including, but not limited to, loss of water supply or profit.
PROFESSIONAL SERVICES AGREEMENT -2-
Acres International Corporation- January 16, 2002
The parties have specifically negotiated to provide that Consultant hold harmless, and
indenmify the City for all claims, d~mages, and losses, including reasonable attorneys fees, arising
15om any c!alm~ of Consultant's employees for injuries covered by Title 51 RCW, and for which
Consultant could not be held directly liable.
8. GENERAL CONDITIONS:
a. Reports and Information - Consultant, at such times and in such forms as the City may
require, shall furnish the City such reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pur~mnt to this Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters covered by thl.q Agreement.
Consultant will maintain accounting records in accordance with generally accepted accounting
principles and practices to substantiate all invoiced mounts.
b. Entire Agreement - This Agreement constitutes the entire agreement between the parties
and both parties acknowledge that there are no other agreements, written or oral, that have not been
fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference
as part of this Agreement Exin~oits "A, B, C, and D".
c. Amendments - The parties hereby further a~ee that this Agreement cannot be amended
or modified without the written concurrence of both parties.
d. Notices - Any notices required to be given by the City to Consultant or by Consultant to
the City shall be in writing and delivered to the parties at the following addresses:
City of Bremerton Acres International Corporation
City Clerk 150 Nickerson Street, Suite 310
239 Fourth St. Seattle, WA 908109
Bremerton, WA 98337 Attention' Mr. Robin G Charlwood
e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions
of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of
such fight or power at any time be taken to be a waiver of any other breach.
f. Compliance with State, Local and Federal Laws - Consultant agrees to exercise care and
skill to comply with all applicable local, state and federal laws in performance of all services under
this Agreement.
g. Applicable Law; Venue - This Agreement ghall be construed and interpreted in accordance
with the laws of the State of Waskington and, in the event of dispute, the venue of any action brought
PROFESSIONAL SERVICES AGREEMENT -3-
Acres International Corporation- January 16, 2002
hereunder shall be in Kitsap County Superior Court.
h. Attorney Fees - The substaraially prevailing party in any litigation arising hereunder shall
be entitled to its reasonable attorney's fees and court costs, including appeals, if any.
9. NONDISCRIMINATION: Consultant shall not disc~mlnate in employment or services
to the public on the basis of fane, color, national origin, sex, religion, age, marital status or disability,
except employment actions based on a bona fide occupational qnMifieation.
10. TERMINATION: This Agreement may be terminated by the City for convenience upon
thirty (30) days' written notice to the other party, or for cause by either if the other party fail~
substantially to perform through no fault of the other and does not commence correction within five
(5) days of written notice and d~igently completes the correction thereafter. Upon such terrolnation,
City will be entitled to reports showing the status of ali matters upon which Consultant is advising
the City as of the effective date ofterm~natiom
11. STANDARD OF PERFORMANCE: The standard of care for all professional
engineering mad related services performed or furnished by Consultant under this Agreement will be
~ care mad skill orctlnafily used by members of Corkmltant's profession practicing under the same
or s~m;lar circumstances at the same time and inthe same locality.
12. CONSTRUCTION PROCEDURES: Not Applicable (No construftion procedures
are directly associated with this project).
13. RE-USE OF DOCUMENTS: All documents, including all reports, drawings,
specifications, computer software or other items prepared or furnished by Consultant pur~mnt to this
Agreement, are instnmaents of service with respect to the project and are property of the City. The
format for documents and work products shall be as specified in the exhibits.
//
//
PROFESSIONAL SERVICES AGREEMENT -4-
Acres International Corporation- January 16, 2002
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year
indicated.
ROBIN G. CHARLWOOD, Vice President
CITY O~TO~~___
Date: [- \el - o-~- BY: (.~'~/~Y~/
CAX¥ BOZ ,
DE. APPROVAL:
W. Eugdne~Saml~r of Public Works & Utilities
RECEIVED FOR FII JNG:
Kathleen L. McCluskey, City¢lerk
!
PROFESSIONAL SERVICES AGREEMENT - 5-
Acres International Corpca~tion - January 16, 2002
E~qTBIT A
Casad Dam Intake Tower Seismic Upgrade
Scope of Work
Introduction
Th~s document represents the proposed Scope of Work for the Casad Dam Intake Tower Seismic
Upgrade. The main task groups proposed under tl~s contract are as follows:
1. Project Management
2. Review of Background Materials
3. 'Site Seisr~city Assessment
4. Tower Concrete Testing and Underwater Inspections
5. Dynamic Analysis
6. Preparation of Predesign Keport and Basis of Desi~
7. Preparation of Fii~y Percent Design Submittal
8. Design R. ev~ew
9. Preparation of Contract Documents
10. A~sistancc during Bidding
1 t. Construction Engineering Services
Exhibit C is the project schedule that gives target dates for key deliverables and milestones.
Exhibit B ~-ves the estimated cost for this work. The scope of work includes ~uput from: 1) Eric
Kollgaard on rexdew of design and construction concepts, 2) Anti Chopra on rexfiew of dynamic
analyses, and 3) 13ili Perkins, Shmmon and W~on on seismicity.
Task Descriptions
1. Proj eot Management
Purpose ~md Objectives:
· Management of the project, planning, coordination and reporting.
Tasks: 1.1 Project technical direction; coordination and mamgement for design phase
1.2 Coordination during bidding and construction phase
1.3 Coordinate meetings w/th thc City of Bremerton. Assume 4 meetings
Deliverablei / Milestones:
· Progress Reports: On a monthly basis these reports will include total ~abor ho~rs, sub-
consultant costs, expenses, and an est~raated percent completion.
· Meetings: A total of 4 meetings are planned w~th the City. Attendauce and meeting
minutes w~ll be prepared and submitted to the City.
2. Re,flew of Background Materials
Purpose and Objectives: · Keview original design basis and construction records from previous investigations and
studies as background to develop repair alternatives.
· Investigate permit requkementS.
Tasks:
2.1 Review work previous consultants and parametric study completed as part of the Acres
proposal.
2.2 Assess value of seismic dampers and their potential [nstallation underwater.
2.3 Review constractability of proposed concepts
2.4 Identify all permits which must be obtained prior to consmaction.
Deliverables / Milestones:
· Telephone logs, meeting minutes and product fi~formation sheets. .
3. Site Seismicity Assessment
Propose and Objectives:
· Assess re~onat seisminity and recommend Max/mum Design Earthquake (MI)E).
Operating Basis Earthquake (OBE), and Max/mum Creda~le Earthquake (MCE) to be
used in the intake seismic upgrades
Tasks:
3.1 Review recommendations made by previous consultants.
3.2 Assess reg/onal seismicity and recommend OBE and IvIDE for design.
3.3 S elect recommended time histories and response spectra. One t/me histc~ry set will be
selected for the OBE and two time h/story sets w/Il be selected for the/VIDE. Reference
Attachment 1 to F_xhibit A for a detailed description of ShAnnon & Wilson's scqpe for
performAng this work.
Deliverables / Milestones: · Meet with City to d/scuss options for basis of design.
· Letter report sumrnariz/ng recommended seismic design basis.
4. Tower Concrete Testing and Underwater Inspections
?urpose and Objectives:
· Contract with concrete testing organization and coordinate removal of representative core
samples and have compression strengths taken.
· Obtain representative concrete compressi~ve strengths based on compressive testing of
core samples. '
· Contract with divLng subcontractpr and complete a one day underwater ingpecfion of the
intake tower and document results.
Tasks:
4.1 Retmn a qualified materials testing organization and coordinate coring and testing of a
minimum of three concrete samples. Samples will be taken by coring vertically from the
top of the tower. Prior to taking core samples take SchmJdt hammer readings at each
coring location.
4.2 Retain a qualified diving contactor and coordinate performance of a one day underwater
inspection of the intake tower. Arrange for video and audio take documentation of the
unde,'wvater inspection. Tie all observations to elevation and plan position. Prov/de
written inspection report.
Deliverables / Milestones
· Tower Concrete Test and Underwater Inspection Report
5. Dyn~mlc Allalysis
Purpose and Objectives:
· Check extent of 3~age to tower under OBE and 1VfDE.
· Investigate design of bracing concepts inolhding dampers ..
· Develop design loads for bracing and dampers
· Check local impact of bracing on arch dam crest
Tasks:
5.1 Dynamic analysis of intake tower and coupling to arch dam as is to check capacity and
establish seismic ground motion time h/stories at tower and brace atmckment points
5.2 Analyses of various bracing concurs including structural frames, frames w/th viscous or
friction a,mpers
5.3 S~ess check on arch dam at bracing contact points
Delivcrables/ Milestones
· Dynamic Analysis Results
6. Pre-design Report and Basis of Design
Purpose and Objectives:
Based on reg/onal seismicity, site conditions, dynamic analysis and consultation w/th-the City and
Acres team members and external consultants select tower stabilization approach and basis of
design.
Tasks:
6.1 Review alternatives in light of review of background materials and site seismicity.
6.2 Compare upgrade alternatives and the/r effectives expanding on the parametric studies
presented in Acres proposal. Evaluate altemat/vas based on effectiveness ofrepak, long term
maintenance requkements, ease of conslructinn and life oycle cost. Choose favored alternative
and document rationale for selection.
6.3 Prepare praliminary conslrucfion and cost estimate for selected alternative.
6.4 Provide basis for review and acceptance by City and exteraal review consultants Eric
Kollgaard, and Anil Chopra as basis to proceed to detailed design. Eric will be available for
overall review of the results of the analyses and design, and constmctability of proposed remedial
measures. Professor Chopra Mil assist with methods of seism/c analysis and review of the
results. Don Anderson, an Earthquake Engineering Specialist, will assist in dynamic analyses of
the tower and assessments of its seismic capacity.
Deliverables / Milestones ·
· Pre-design Report: Document tower stabilization alternatives and rational for selected
alternative. Include prelLrrfinary construction cost estimate and construction schedule for
the selected alternative.
· Basis of Design: Prepare basis of design g/ring design cfiteha necessary for completing
fifty percent.level design documents.
· Review Meeting Notes: Prepare re,new meeting notes w~th recommendatmns
conclusions.
7. Fifty Percent Design
Purpose and Objectives: . .
· Develop 50% level design and construction plan for selected concept m accordance w~th
ExSn-bit D
Tasks:
7.1 Prepare 50% percent level design draw/rigs.
7.2 Prepare outline specifications with notes on specific mater/al to be presented. '
7.3 Prepare construction plan and prel/rrdnary cost estimate, Include preI~m~nary
co~sUmction schedule.
7.4 Prepare Project Report for Depar~nent of Health.
Deliverables / Milestones: · Fifty percent level design drawings and outline speckficafion.
· Prelirrfina~y consU-ucfion plan and cost estimate,
8. Design Review ·
Pm-pose and Objectives:
· Review by City of 50% design.
Tasks:
8.1 update basis of design to incorporate review comments by the City and Acres team.
8.2 Incorporate V2 size draw/rigs from fifty percent design submittal showing the selected
upgrade concept.
9. NineW Percent Design / Final Bid Documents
Purpose and Objectives:
· Prepare 90% and final design and con~xact documents for supply and installation of
seism/c upgrades in accordance with the Basis of Design and 50% design review
comments in accordance with Extfibit D.
Tasks:
9.1 Prepare 90% level design drawings and specifications. SpecificationS to include all
sections including in Section 0 and Section 1 according to the City's requ/rements. '
9.2 Coord/~ate review of 90% level design documents.
9.3 Prepare bid documents, f'mal design dm,,vings and specificationS.
9.4 Prepare engh3e~r's construction cost estimate and schedule.
DeI/verables / Milestones: · N/neW percent level desi~ drawings and specifications.
· Documentation o£review comments and rtcommended design changes.
· F~nalized contact documents.
· EngSneer's Estimate and Schedule
10. Assistance during Bidding
pm'pose and Object'yes:
· Provide en_oSneer~g support dur~g bidding.
Tasks: '
10.1 P, esoond to bidder questions in coordination with the City.
10.2 DoCument all requests for information (P,.FI) and responSes provided by Acres.
10.3 Assist the City in preparation of addendums to the bid documents.
10.4 Assist City with review o£bids.
Deliverables / Milestones:
· Documentation of all RFI and responses provided by Acres.
11. Construction Engineering Services
Purpose and Objectives: · Provide engSneering support during cons~'uction of seismic upgrades.
· Provide as built drawings
Tasks:
I 1.1 Review shop drawings and construction plans.
I 1.2 In coordination with the City conduct up to eight site inspections.
11.3 Document results of site inspections.
11.4 Prepare as bu/lt drawings.
Deliverables / M/lestones: · Site inspection reports and recommendations.
· As built drawings.
EXltIB1T A
ATTACHlvIENT 1
-=111
SHANNON WILSON, INC.
GEOTECHNICAL AND ENVIRONMeNTAl- CONSULTANTS
PROJECT UNDERSTANDING AND BACKGROUND
Task 3 - Site Seismicity Assessment
We understand that the intake tower seisrrfic upgrade design will be based on thc following tWo
ground motion levels:
OBE - Operating Basis Earthquake, defined as ground motions with a 10 percent chance of
e×ceedance in 50 years Cvrobab/listic ground motion).
biDE - Maximum Design Earthquake, defined as the maximum credible earthquake that could .
affect the site (detem'Kuistic ground motion).
We understand tl~t the performance criteria for the tower for these events have not yet been
determined.
Previous seismic analyses of the a~m and intake tower considered s/m/lar risk levels. In the 1994
study, time b/story analyses were conducted with ground motions scaled to peak ground
accelerations or 0.35 g and 0.5g, corresponding to OBE and MDE ground motiond, respectively.
The MDE ground motion was from rupture on the Seattle Fault. There is no indication that ti_mc ·
b/stories were modified (other than scaling to the peak g~ound acceleration) to match a design
rock spectrum. In the 1996 study, peak ground accelerations of 0.3g and 0.Sg were used to
ch~acterize the OBE and .VIDE, respectively. Rock specira were also developed with these peak
ground accelerations and were used in dynamic, three-dimensional, finite element, response
spectrum analyses. It does not appear that a time-b/story analysis was conducted.
Since 1996, the results of rcgiunal probabilistic ground motion studies have been'published and
sigrnficant findings have been made regarding the activity and location of various potentially
seismogenin structures in thc Puget Sound region, including the Seattle Fault. The spectra for
both the ODE and MDE should be revised to be consistent with these newer studies and findings.
The U.S. Geological Survey (USGS) published in 1996 the results of a regional probabilistic
ground motion study that incorporated the USGS~s understanding of the seismogenic potential of
the area at that time. The results of that study were apparently not available to Dames & Moore
for their 1996 report on the intake tower. Since publication of the USGS study, Shannon &
Wilson has incorporated the results of additional research into our geologic/seismolo~cal models
for more recent ground motion studies for other projects in the area. The peak ground
acceleration for the OBE used in the 1996 dam intake tower study is sirnilar to the results of*he
more recent, probabitistic ground motion studies. However, in our opinion, a more curzent OBE
spectrum can be obtained directly from the spectral ordinates from the USGS study.
In our opinion, the M. DE specttum should be revised based on the results of recently published
research on the Seattle Fault. Specifically, research by the USGS in 1999 has re-characterized the
Seattle Fault as an approximately 2 '/2- to 4-mile-wide (north-south) zone of multiple faults or
splays (see FiTare 1). As shown on Figure 1, the nearest mapped splay from this study is located
about 5 miles north of the site. As a result, the fault is siginficantiy closer to the site than
reflected in the MDE spectra provided in 1996. Furthermore, as shown on Figure 1, the splay
farthest to the south is not mapped as continuing west to directly north of the site. This map is
based on marine seismic work (i.e., detection of faults beneath navigable water), and the fault
splays could continue to the west and closer to the site (e.g., to within about 2 ½ miles of the site).
SCOPE OF'WORK
Task 3 - Site Seismicity Assessment
ODE and MI)E Spectra
Shannon & W/lson will develop free-field ground motion spectra for rock conditions for both the
ODE and the M~DE. The ODE horizontal ground motion spectrum will be derived largely from
the published USGS re~onal probabihstic ground motion study. The MDE spectrum will be
developed for movement on the Seattle Fault. In developing the iv[DE spectra, the pos?bil/ty of
the southmost splay extencEug an additional 6 m/les west to a distance of approxLmately 2 i/2
miles north of the site will evaluated. We will discuss the results of th2s evaluation with Acres
and also, if required, the City of Bremerton. Alter that discussion and their rexde~v, we will
prepare the final MDE specu-a. We will also be. develop vertical spec~:a for both the MDE and
ODE.
Earthquake Time ltistories
Shammn & Wilson w/ll develop free-field earthquake ground motion t/me h/stories for both the
ODE and M2DE. In our previous proposal of September 7,2001, we had proposed to .develop slx
time history sets; three sets for each design level. At your request, we have revised the number of
time histories. Our revised scope of work will include development of tkree time-h/story sets;
one set for the ODE and two sets for the MDE. Each fi_me history set will include two, .
orthogonal horizontal motions and one vertical motion. Recorded earthquake time histories wall
be selected to be as consistent as practical with earthquake magnitude, fault type and distance
characteristic of the ODE and Iv[DE and site cond/fions (i.e. rock conditions). These r~corded
earthquake t/me histories will be modified to closely match the ODE and MDE speclxa and will
be scaled to be consistent with earthquake time-history requirements provided in the 1997
Uhiform Building Code (UBC). That is, the average of the square root of the sum of the squares
of the spectra of the two horizontal components will be equal to or greater than 1.4 times
appropriate ODE or iv[DE spectra over the period range of interest for the intake tower.
Report
A letter report will be prepared that will include the spectra and a description of the methods and
assumptions in their development. Digi~l versions of the time history sets will be included with
the report, along with a description of the methods and assumptions in selection and development
of the time histories.
EXHIBIT B
CITY OF BREMERTON
CASAD DAM INTAKE TOWER SEISMIC UPGRADE
COMPENSATION
Compensation for Consultant's serv/ces under tiffs Contract shall be on a Cost Plus Fixed
Fee basis bm not to exceed the Total Price. The Total Price is the sum of ~ost and Fixed
Fee plus Contingency and shall be the compensation for the Scope of Services as shown
in Table 1. The estimated staffhours budget for this project is as shown in Table 2.
Cost shall include Direct Labor Cost, Indirect Costs, and Reimbursable Expenses. Cost
shah be an mount equal to Direct Labor Cost times a factor of 2.68 plus Reimbursable
Expenses.
Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to al/
personnel for time worked directly on the project.
Indirect Costs shall include overhead, taxes and other indirect project administrative
costs.
Contingency is an allowance to cover n~¢oreseen costs.
Fixed Fee shall mean a fi,xed mount of fee that is added to the Cost. The Fixed Fee for
ail tasks included in the Scope of Serv/ces shall be at a rate of twelve percent (12%) on
the Cost excluddng Reimbursable Expenses~ The Cost may vary, but the Fixed Fee shall
remain the same provided the Scope of Services does not change. The fixed fee will be
prorated and paid monthly in proportion to the project work safisfactorily c°mpfeted' A
payment for an individual month shall include that portion of the fixed fee allocable to
the project work satisfactorily completed during the mouth and not previously paid (e.g.
pro-rated in accordance with the amount spent-to-date). Any portion of the fixed fee not
previously paid in the monthly payments shaI1 be included in the fmaI payment.
Compensation Schedule
Reimbursable Expenses shall mean the actual expenses incun-ed directly or indirectly in
connection with the project for transportation travel, subconsultants, subcontractors,
computer usage, telephone, fax, shipping and express, and other incm-red expense.
Charges for reimbursable expenses incurred by the Consultant are estimated in Table 3
and will be at the following rates as shown in Table 4. The amount of any sales .tax,
~cres International Corporation 1 26 September 200i
excise tax, or gross receipts tax that may be imposed on tl:ds Agreement shall be added to
the Consultant's compensation as Reimbursable Expenses.
Table 4. Reimbursable Expense Charge Rates
Item Billing Rate
Travel Mileage at 34.5_cents per mSle or the current Internal Revenue Service
allowable rate for business use of an automobile
Other lravel expenses at cost
Associated included
Project Costs
(APG)~
Computer included
1. Associated project costs include telecommu~ica~ons, FAX tra~qmirml~, in-house re'production and
plotting, postage, and computer (PC).
Monthly invoices shall be submitted to the City for work performed subsequent to work
covered by all previously submitted invoices and shall be computed pursuant to the rates
and limitation~ set forth above.
The labor rates listed 5a Table 2 are representative of the actual rates that might
apply during the term of th/s Agreement. Billings will be based on the individual labor
rates current at the time the serv/ces being billed for were performed. Labqr rates are
subject to change w/thout notice. Acres Interaational will notify the City Of labor rate
changes 30 days before submitting an affected i~voice. L/oor rate changes shall not alter
the stipulated "not to exceed" mount or fixed fee.
The multiplier on Dkect Cost to arrive at Cost shall be fixed for the term of tkis
Agreement.
Acres International Corporation 2 26 September 2001
Exhibit B
TABLE 1 - SUMMARY OF ESTIMATED COSTS
City of Bremerton
Casad Dam - Engineering Services
Item Amount
rect Labor $39,698
[1 ) $66,693
$106,391
Labor Cost
~rofit(2) $12,766.97 $12,767
$23,700
(3) $10,000
ency $~52,858
Based on 168% of Acres Direct L~bor
Base on 12% of Total Labor Cost
Based on actual cost for disbursmsnts and sub-consultants to Acres
Cssad Exh B Cost Est(jhr)_091301
EXHIBIT B
TABLE 3 - DISBURSEMENTS ESTIMATE
AMENDMENT NO. 1
TO
PROFESSIONAL SERVICES AGREEMENT
w/ACRES INTERNATIONAL CORPORATION
FOP, DESIGN AND CONSTRUCTION SUPPORT SERVICES
_5 The City of Bremerton, Washington, (the "City"), and Acres International Corporation, ("Consultant") have
entered into a PROFESSIONAL SERVICES AGREEMENT, hereinafter referred to as AGREEMENT for
a project described as the Casad Dam Intake Tower Seismic Upgrade.
This AMENDMENT NO. 1 modifies the Scope of Work and Budget set forth in the AGREEMENT dated
January 16, 2002, as follows:
The Scope of Work shall be modified to add additional scope items as outlined in the attached Amendment
No. 1, Exhibits E and F.
The term of the contract shall be extended to December 31, 2003.
The Compensation for services shall be increased by $35,275.00, and the total fees under this Agreement
shall not exceed One Htmdred Eighty Eight Thousand One Hundred Thirty three dollars ($ t 88,133.00).
Except as herein modified, the terms of the AGREEMENT shall remain in full force and effect.
In WITNESS WHEREOF, the pames hereto have executed the A.MENDMEN~T NO..1 to the Professional
Services Agreen~nt on the date and year indicated.
For Acres International Corporation, dated this~Y:~ ~day of,./ ~" ~ ~'~~/' 2002.
./
For ~e City of Bremerto~, dated this ~ day o~
Cary B~zema~, Mayor
Exhibit E
Casad Dam Intake Tower Seismic Upgrade
Scope of Work for Tasks Covered by Amendment No. 1
1. Pro]ect Management Extension
Subtask L 4 - t~roject Management Extension: It is proposed that project
management be extended an additional year, September 2002 through
September 2003. The extension has become necessary since construction was
delayed one year in order to wait for technical information and cost
information t~om Nippon Steel Corporation concerning their un-bonded brace
struts. PM activities covered under this subtask would be related to providing
technical direction, coordination and management during the final design
phase. Also included under this subtask would be coordination meetings with
the City. A total of 2 additional meeting are assumed. The original contract
covers PM during construction.
2. Nippon Steel Unbonded Braces
· SubtaskS. 6-S2LP2OOOAnalysisforUn-bondedBraces:SAP2OOOrunswere
made for Nippon Steel's un-bonded brace as a friction damper for both MDE
and MCE level seismic events.
· Subtask 8.3 -Design Review of Un-bondedBraces: This subtask covers the
additional work involved in assessing the applicability and economics of using
Nippon Steel's un-bonded braces relative to other alternatives. Supply and
installation costs, and life cycle costs were compared for over four different
design alternatives. Acres met on four occasions with Nippon Steel
representatives to discuss cost and techrfical performance of their brace
system. One site visit was made with Nippon representatives to familiarize
them with the existing conditions.
2. Tower Intake and Sluice Gate Upgrades
· Subtask 9.4a & 9.4b -Ninety Percent Gate Upgrades Design Submittal:
Prepare 90% level design drawings and specifications for intake and sluice
gate upgrades according to the City's requirements. Subtask design activities
are outlined below. (Note: "a" = intake gate scope, "b" = sluice gate scope.)
9.4.1a & 9.4.1b - Stem Design: Design stem with A316 stainless steel.
Confirm 2 ¼ inch stem diameter is sufficient. Design improved stem
connection to intake and sluice gate.
9.4.2a & 9.4.2b - Stem B~hing Design: Design bronze bushing with steel
housing to fit existing stem brackets. Stem bracket as-built dimensions
assumed provided by the City.
9.4.3a & 9.4.3b - Stem Bracket: Analyze existing stem brackets and stem
bracket anchors. Based on analysis, recommend use or replacement of
stem bracket. Design new stem brackets either as replacements or spares.
9.4.4a & 9.4.4b - Stem Operator: Review Rodney Hunt stem operator
information and select model appropriate for replacing the existing
operators. Confirm that new stem operator will fit intake dimensions and
hoisting requirements.
9.4.5a & 9.4.5b - 90% Drawings: Assume two additional drawings
required.
9.4.6a & 9.4. 6b - 90% Specifications: Assume additional sections required
to cover underwater construction, stem operator procurement, steel
fabrication for stems, stem brackets, and bushings.
· Subtask 9.5a & 9.5b - Ninety Percent Desi~ Review of Gate Upgrades:
Facilitate City's re'dew of 90% level design of the intake and sluice gate
upgrades. Document design changes required by the City. Coordinate an
internal Acres review of 90% design documents.
· Subtask 9.6a & 9.6b - Final Design for Gate Upgrades: Compete final
contract documents incorporating results tSom the City's and Acres internal
review.
· Subtask 9. 7a & 9. 7b - Construction Cost Estimate for Gate Upgrades: Prepare
a construction cost estimate for supply and installation of intake upgrades.
o Subtask 11.5a & 11.5b - Construction En~ineering Support for Gate
Upgrades: Review shop drawings and construction plans.
Exhibit F - Casad Dam Intake Tower Seismic Upgrade
Table lA - Summary of Estimated Costs for Additional Work
Item I Amount
Direct Labor $I 1,086
Indirect Labor (1) $18,624
Total Labor Cost $29,710
Profit (2) $3,565 $3,56u
Direct Expenses (3) $500
Contingency _ $~1 50u
Total: $35,275
Table lB - Amendment Summary by Category of Additional Work
~¥i? ¢.-~ Total Labor
Category of Additional Work Subtask(s) Labor Cost Cost Expenses
1. Project Management Extension 1.4 $2,297 $6,156 $200
2. Nippon Steel Unbonded Braces
- SAP 2000 Analysis I 5.8 $862 $2,309
- Design Review of Unbonded Braces 8.3 S3.306 $8.861,,,
Subtotal: ~4,168 $11,170
3. Tower intake Gate Upgrades .....
- Design 9.4a - 9.7a S2,865 $7,678 $150
- Const;uction Eng. Support (Shop Drawings) 11.5a $328 $879 $5u ._ _
Subtotal: $3,193 $8,557 $200
~. Tower Sluice Gate Upgrades
- Design 9.4b - 9.7b $i ,319 $3,534 $80
- Construction Eng, Su~pod (Shop Drawings) 11.5b $1~09 $29~3 $40
' Subtotal: $1,428 $3,827 $100
I -
Amendment Totals: $11,086 $29,710 $$00
Notes: t. Based on 168% of Acres Direct Labor. 2. Based on additional 'i2% of Acres Tot. al Labor Cost.
3. Expenses based on actual cost for disbursements.
4. Based on 268% of Acres Direct Labor.
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA: Maeeh--36-m~April 9, 2003
PUBLIC HEARING ON ORDINANCE AMENDING ORIGINATING DEPT: City Attorney's Office
BMC SECTION 6.32.110 ORIGINATOR: Simon Stocker
DATE SUBMITTED: March 13, 2003
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
PROPOSED ORDINANCE ~,/' ~: -~ ?~ ~; /
DECLINE TO PROSECUTE NOTICE
APPROVED FOR SUBMITTAL:
CHAIRMAN
COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The current provisions of BMC Section 6.32.110 result in the inability to enforce limits on the volume of sound
emitted from audio equipment when the source of such sound is located upon the property of the operator of the
audio equipment. The proposed ordinance eliminates the exception to the volume limit on property of thc
operator of audio equipment.
5. RECOMMENDATION:
. epz: edordinaaee~s~,readin8.
Move to pass Ordinance No. q ~ :~ I on second reading.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION:
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMEND~ ~TE:
-//5
COUNCIL DIRECTIVE:
8. AGENDA BILL NO.:
9. IMPACT OF NON-PASSAGE:
10. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
ORDINANCE NO. 'i ~ '~
AN ORDINANCE of thc City Council of the City of
Bremcrton, Washington, amending Section 6.32.110 of the
Bremerton Municipal Code relating to Public Disturbance Noises.
WHEREAS, the current provisions of Section 6.32.110 of the Bremerton
Municipal Code relating to public disturbance noises results in an inability to enfome limits on
the volume of sound emitted from audio equipment when the soume of such sound is located
upon the property of the operator of the audio equipment; and
WHEREAS, the City Council finds that this provision results in the inability to
apply the City's noise restrictions for individuals who emit loud sounds from their property,
which defeats the purpose of having the restrictions; and
WHEREAS, the City Council desires to protect the public from public
disturbances noises by limiting the volume of sound that may be emitted from audio equipment
regardless of whether the audio equipment is being operated upon the property of the operator;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAiN AS FOLLOWS:
SECTION 1. Section 6.32.110 of the Bremerton Municipal Code entitled
"Public Disturbance Noises" is hereby amended to read as follows:
6.32.110 PUBLIC DISTURBANCE NOISES
It is hereby unlawful and declared a public nuisance for any person to cause, or for any
person in possession of property to allow, noise defined in this section. For prosecution under
this section, evidence of sound level through the use of a sound level meter reading shall not be
necessary to establish a commission of the offense. Provisions of this section shall be
cumulative and not exclusive, and shall not affect any other claim, cause of action or remedy
including any prosecution for violation of sections regulating environmental noise. The
following shall be public disturbance noises:
(a) The frequent, repetitive or continuance sound of any horn or siren attached to a motor
vehicle, except as a waming of danger or as specifically permitted or required by law.
(b) The creation of frequent, repetitive or continuous noise in connection with the
starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway
vehicle or intemal combustion engine within District I so as to unreasonably disturb or interfere
with the peace, comfort and repose of owners or possessors of real property.
(c) The use of a sound amplifier or other device capable of producing or reproducing
amplified sound upon public streets for the purpose of commercial advertising or sales or for
attracting the attention of the public to any vehicle, structure or property or the contents therein
except as permitted by law, and except that vendors who sole method of selling is from a moving
vehicle shall be exempt fi'om this subsection.
Public Disturbance Noises
(d) Sound from motor vehicle sound systems, such as tape players, radios, and compact
disc players, operated at a volume so as to be audible greater than 50 feet from the vehicle itself.
(e) Sound from audio equipment, such as tape players, radios, and compact disc players,
operated at a volume so as to be audible greater than 50 feet from the source, ~'~
(f) The creation of any loud noises which emanate frequently, or repetitively or
continuously from any building, structure or property which unreasonably disturbs the peace,
comfort and repose of others.
SECTION 2. Severabilit~. If any one or more sections, 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.
SECTION3. 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 ARENDS, 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\Noise Ordinance Amendment.doc
Public Disturbance Noises
Kitsap County Prosecuting Attorney's Office
Russell D. Hauge
Decline to Prosecute Notice
Carol I. Maves
Office Administrator TO: Bremerton PD, Evidence/Property, FAX 360-415-5466
Christian C. Casad FROM: Cindy P. Goetzmann, WSBA No. 30274, Deputy Prosecuting Attorney
Case Management REPLY TO: Bremerton Municipal Court Division
Division Chief DATE: February 21, 2003
Michael B. Savage SUSPECT:
Trial
Division Chief
Jeffrey J. Jahns
Dis~'ict/Municipal Most Serious Crime Type - Malicious Mischief (Gross Misdemeanor/Misdemeanor)
Division Chief Offense Date -January 13, 2003
Greg
R.
Hubbard
Your
Report
Number
-~~;~, Referred By - KeVfn M. Crane, BPD416
Juvenile Seized personal propertyO ~0~e-----~,.~il~,
Division Chief Seized con~'aband? None
Rape kit? None
Sue A. Tanner Seized firearm? None.
Civil'Child Support
Division Chief Reaaon(s) for Decline to Prosecute
Our decline reason - Insufficient Evidence
Unfortunately, the suspect does not appear to have violated the law since the noise was emanating
from his property. See statute attached.
Note to Law £nforcernent-Afler speal~ng with the DepuO; Prosecutor who ma~ t~ decision to decline to pr~te.
y~ ~ appeal t~ decline decision to Chris C~ (~lt~lony), G~g Hubba~ ~u~nile),
Jeff Ja~ ~a~lt m~sde~anoO, or ~$~ ~
Our File No.- 03-118727.8
Public Disturbance Noises
=On or between=, in the =county/city=, State of Washington, the above-named =d/r= did cause,
or being in possession of propetty did allow, public disturbance noises, to-wit: (a) the frequent, repetitive
or continuance sound of any horn or siren at~ached to a motor vehicle, except as a warning of danger or as
specifically permitted or required by law; and/or (b) the creation of frequent, repetitive or continuous
noise in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle,
motorcycle, off-highway vehicle or internal combustion engine within District I so as to unreasonably
disturb or interfere with the peace, comfort and repose of owners or possessors of real property; and/or (c)
the use of a sound amplifier or other device capable of producing or reproducing amplified sound upon
public streets for the purpose of commercial advertising or sales or for attracting the attention of the
public to any vehicle, structure or property or the contents therein except as permitted by law, and except
for vendors whose sole method of selling is from a moving vehicle; and/or (d) sound from motor vehicle
sound systems, such as tape players, radios, and compact disc players, operated at a volume so as to be
audible greater than 50 feet from the vehicle itself; and/or.(e) sound from audio equipment, such as tape
players, radios, and--es~npact disc players~ operated at a volume so as to be audible ~reater than 50 feet
from the source,~.~fthot operated upon the propert]¢ of the operator; and/or (f) the c~'eation of any other
loud noises whicn~manate frequently, or repetitively or continuously from any building, structure or
property which unreasonably disturbs the peace, comfort and repose of others; contrary to Bremerton
Municipal Code 6.32.110.
(MAXIMUM PENALTY FOR SECOND OR SUBSEQUENT VIOLATION WITHIN A 24 HOUR PERIOD-Ninety (90)
days in jail or $1,000 fine, or both, pursuant to BMC 6.32.120(a) and 1.12.020(2), plus restitution,
assessments and court costs.)
JIS Code: 6.32.110.2 Pub Nuisance Noise Disturb 2nd Vio
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA: April 9 and April 16, 2003
PUBLIC HEARING ON ORDINANCE REPEALING ORIGINATING DEPT: City Attorney's Office
AND REPLACING CH. 2.78 BMC RELATING TO ORIGINATOR: Roger A. Lubovich
REAL PROPERTY TRANSACTIONS DATE SUBMITTED: March 20, 2003
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
RO~ ~Attomey MEMORANDUM TO CITY COUNCIL
PROPOSED ORDINANCE
![ ,d.-: i ~.~,~..y----~-~- APPROVED FOR SUBMITTAL:
OPERATIONS CHAIRMAN
COUNCIL PRESIDENT
ENDORSE~_~ [~Z] ~,ORMATION ~-~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The current provisions of Chapter 2.78 of the Bremerton Municipal Code relating to real property transactions
are burdensome and result in inefficient administration and processing of real estate transactions. Thc proposed
ordinance simplifies the process for real property transactions by requiring all sales and purchases of real
property by the City be subject to City Council approval upon terms and conditions as approved by the City
Council and, further, by providing other provisions related to real property transactions.
5. RECOMMENDATION:
Move to approve thc proposed ordinance on first reading.
Move to pass Ordinance No. on second reading.
6. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
7. NOTICE OF ACTION: ~
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMEND
COUNCIL DIRECTIVE:
8. AGENDA BILL NO.: '~ ~ - O ~
9. IMPACT OF NON-PASSAGE:
10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
Office of the City Attorney
Roger A. Lubovich, City Attorney
lie[nmn[in
T0.' City Council
~[l~ Roger A. Lubovict~'. '.
I~-' Real Property Transactions - Proposed Ordinance
~ March 20, 2003
I. The proposed ordinance for real estate transactions amends the process for the purchase
and sale of real property by the City. Our current policy, codified in Chapter 2.78 BMC
(attached), provides as follows:
1. For Selling Property. The City annually reviews the inventory of property and
presents a report to the Council for consideration with a recommendation whether or not parcels
should be retained or surplused. In addition to the annual surplus property review, the surplus
review procedures for a particular property may be initiated at any time. Following a heating on
the proposed disposition of property, the property can then be surplused by the Council. Then,
based on the estimated value of the property, either a limited opinion of value, a short appraisal
form report, or a full narrative appraisal report is obtained for the property to be disposed of. All
properties not approved for listing through a broker or through a negotiated sale pursuant to
Chapter 2.78 BMC shall be subject to a sealed advertised bid process. In lieu of a sealed bid, the
Council may require marketing through a broker. In the event the City Council finds that the
property has a unique character or development potential that is subject to special consideration
or conditions which create a benefit to the City, it can declare such parcel surplused and direct a
negotiated sale subject to final Council approval.
2. Purchases of Real Property or a Property. For property which is not acquired
through a voluntary sale (i.e., under threat of condemnation), the department acquiring the
property shall make a written offer for the full amount established by appraisal or less formal
assessment based on the value of the property. Council shall then approve the real estate
agreement. No owner shall be required to surrender the property until the City has deposited the
full amount in the Court having jurisdiction of condemnation of the property. Chapter 2.78 is
silent on how voluntary negotiated purchases are processed and approved.
II. The proposed ordinance simplifies the current process by requiring that all sales and
purchases of property by the City shall be subject to Council approval. The ordinance provides:
1. All real estate purchases and sales shall be approved by the City Council upon
terms and conditions as approved by the City Council. The Council, therefore, can accept or
reject the terms as presented to it and/or it can establish procedures for the disposition or
purchase of property as it deems appropriate.
MEMORANDUM:
(Real Estate Transactions - Proposed Ordinance)
March 20, 2003
Page: 2
2. Leases of real property to or by the City, which exceed two years and/or exceed
$10,000 per year, shall require approval of the City Council. This codifies current policy with
respect to leases insuring that Council approves leases having a significant term or value.
3. City Council approval of project budgets or condemnation proceedings for right-
of-way improvements shall be deemed Council approval for the purpose of acquiring easements
or rights-of-way for street or road improvements. This allows Public Works & Utilities to obtain
prior approval for acquisition of necessary rights-of-way for road projects.
4. Utility property must first be surplused following a hearing as provided for by
State law.
5. The sale or lease of surplus property having a value of more than $50,000 to
another governmental entity requires a hearing and surplusing pursuant to State law.
6. Sale or lease of Parks property is subject to the Parks Protection Code, Chapter
13.12 BMC.
7. The City reaffirms and readopts its current policy in Chapter 2.78 to elect not to
comply with the provisions of RCW 8.26 relating to relocation costs for projects not involving
Federal funds.
Enclosure
Chapter2.78 6. Whether special consideration ought to be
given to some other public agency that has a use for the
REAL PROPERTY TRANSACTIONS parcel.
7. A recommendation as to whether such
parcel should be retained or surplused.
8. Whether the parcel should be sold by sealed
Sections: bid or through negotiation.
2.78.010 SURPLUS PROPERTY -
POLICY. The final report and recommendation, approved by
2.78.020 DECLARATION OF SURPLUS. the Mayor, shall be presented no later than September 1
2.78.030 SURPLUS PROPERTY - for consideration by the City Council. The Council shall
DISPOSITION. schedule a public hearing by publishing a notice not less
2.78.040 ACQUISITION OF PROPERTY - than 10 days or more than 25 days prior to the time set for
OFFER. hearing accompanied by a news release to printed and
2.78.050 POSSESSION AND USE. electxonic media. The notice shall state for each parcel:
2.78.060 RELOCATION. 1. An easily understood description of
2.78.070 EXPENSES OF TRANSFER. property locations.
2.78.080 EFFECT ON VOLUNTARY 2. The date, time and place of the hearing.
SALES. 3. Whether special covenanla or restriction are
proposed as a condition of sale.
2.78.010 SURPLUS PROPERTY - POLICY. 4. Whether the parcel is proposed to be sold
It is not in the public interest for property held by the by sealed bid or through negotiated sale. If a negotiated
City to remain off the tax rollq if it can be sold for a sale, the notice shall give the prospective pta'chasers and
reasonable value and it is not needed for some present or proposed use.
furore municipal uae. It is therefore the policy of tho City In addition to publication, the notice of hearing shall
of BremeCton to dispose of all real property the City holds
by sale or lease when such property is declared to be be posted conspicuously upon the property and
surplus to its current or future needs and whexe such notification mailed to all property owners within 300 feet
dispositicu would be expected to afford the City a atlsast 10 dsys prior to tbe public hearing.
reasonable retel'n. (Ord. 4475 §2 (in part), 1994) Following a public hearing, council shall determine
those parcels to be declared surplus and disposed of based
on Council's further determination of.'
2.78.020 DECLARATION OF SURPLUS. L Whether special covenants or restriction
(a) Annual Review. should be impused as a conditinn of sale.
Annually in July, the Administrative Services 2. Whether the parcel should be sold by sealed
Director shall review all the City's current real estate bid, listingwithabrokerornegofiatedsale.
holdings to determine which parcels not actively used by 3. Findings outlined in BMC 13.12 for those
the city or included as park lands under BMC 13.02.020, park properties listed in that chapter.
if any, should be declared surplus to the City's ueeds and 4. Whether purchase may be by real estate
what parcels, if any, currently designated as surplus should cana-act not to exceed ten equal payments and setting the
be redesignated. A preliminary report shall be circulated interest rate.
to all department heads for comment and shall contain or Parks Board review required by BMC 13.12 shall
solicitthe followinginformafion: supplement the procedures above for Parks propeffies
1. A desctiptiun of the parcel, size, and its listed under BMC 13.12.020.
general location. Co) In addition to the anntud surplas propert-y review,
2. A description of the circumstances under the Mayor, a department head or the City Council may
which the parcel was obtained and to which fund the initiate the surplus review procedures of this section for a
proceeds from the sale would be credited, particular property at any time by filing a request with the
3. A description of what municipal use such Clerk. (Ord. 4475 §2 (in part), 1994)
property has been put to in the past, if any, and what use it
might ha held for.
4. A statement as to whether the parcel is only 2.78.030 SURPLUS PROPERTY -
useable by abutting owners or is of general marketability. DISPOSITION.
5. An estimate of its current market value and (a) Determination of Property Value.
a recommendation as to whether any special covenants or Where no current appraisal (conducted within the last
rcsttiction should be imposed in conjancticu with its sale. six months of surplus declaration) is available, the Clerk
2.78-1
shall arrange, 1) a limited opinion of value for properties 3. Where more than one, the abutters are
estimated at less than $25,000; 2) short form appraisal agreed among themselves as to the division or alincalion
report for properties valued as less then $I00,000, but ofthetights ofownemhip orhave waived any preferential
greater than $25,000; or 3) full narrative appraisal report right of purchase offered by this policy.
for propeffies estimated in excess of $100,000 in value. (e) Other Negotiated Sales.
The Clerk shall only accept offers for purchase witl~ 1. In the event City Council finds that a unique
10% of the appraised price as a minimum accepted price character or development potential of a particular pm'esl of
unlass otherwise provided below. City property is such that special considerations or
(b) Sealed Bid Proeaas. conditions of sale to a particular purchaser, including
All properties not approved for listing or negotiated another public entity, create benefits to the City end the
sale shall be subject to a sealed bid process. The greater commenitywhich outweigh monetary retom to the
following notification procedure shall be u 'tflized: City, the Council may declare such parcel surplus to the
1. A notice ofthe City's intent to dispose ofthe City's needs and direct a negotiated sale subject to final
property in question shall be conspicuously posted on the Council approval.
property no less than two weeks la/or to the date set for 2. When a potential purchaser offers property
final bid submittals. Similar notice shall be posted at City in exchange for City property which may enhance other
Hall. City property or promote the needs of the City, Council
2. Proporty subject to sale shall be advertised may declare the subject property surplus and direct a
in the real estate section of the Bremerton Sun at least negotiated sale subject to final approval by Council.
once for foer consecutive weeks preceding the final day 3. Tmmfers to other pablio entities may be at
for submitting sealed bids. less than cun'ant market value if the Council, by resolution
3. Notice and ads shall include a description of approved by a majority plus one vote, approves the
the property, the procedure by which this property is transfer and declares the particular City interests served
disposed of; deposits which must be made, the minlrmlm thereby.
price that will be accepted, and eny condition of use or 4. Sales under this section shall be negotiated
devalopmeut imposed by the Council. by the Admlnlqh'ativa Services Dkeetor, City Attorney and
Any bid that is submitted of $1,000 or less must be depafanent head most directly affected by the property
accompanied by a bid deposit in the form of a cashier's transaction, unless otherwise directed by the Mayor.
cheek payable to the City equal to 25% of the bid amount. (f) Closing.
Where the bid amount exceeds $1,000, the bid deposit Subject to Council modificutinn,
shallbe l lY'A of the bid. It shall be the obligation oftha 1. TheCityAttomey'sOttieeshallprepareand
successful bidder m pay the full perchase pries within 30 hendle all nlosing documents in regard to property sales or
days from the date of the bid award, and failure to do so, exchanges, including neCessary legal provisions to ensure
shall result in forfeiture of the bid deposit to the City as that the subject pmperog is used or developed in a manner
liquidated damages, consistent with special considerations or conditions
(c) Broker Listing. approved by Council;
Where the Council finds as part of its surplus and 2. All conveyances shall be by statutory
disposition determination that the character or value of a w;a',aut deed; and
parcel may require m~keting efforts to realize the 3. All costs exalasiveof deed preparafienaball
maximum price, and that these efforts can most be borne by the purchasers, including rifle insmunen if
economically be provided by a broker rather than City desired, recordation costs, brokerage and escrow fees if
staff; Council may approve a listing agreement in lieu of eppliceble. (Ont. 4475 §2 (in part), 1994)
sealed bids; Provided, That eny agreement shall include a
minlm~un value end n~imum notice under subsections
(a) and (b) above. 2.78.040 ACQUISITION OF PROPERTY -
OFFER.
(d) Sale toAbutting Owner. The department acquiring property for a budgeted
If the surplus property has value only to en abutting pm-pose shall make a written offer to acquire the property
owner because of its size, shape, topography or other for the full amount established by appraisal or by less
reslrictioas, the Clerk shall accept the mlnlm~un
acceptable purchase price from en abutter (or abutters); formal estimate of value for properties with a value below
Provided: $75,000. The offer shall summarize the basis for the
amount of just compensation, and benefits or damages to
1. An abutter is the only one that can put the remaining real property shall be separately stated. If an
property to its highest and best use in combination with
the abutters property; uneconomic remnant would result fi.om acquisition, the
2. The abu~lor is willing to purchase for the deperlmunt shall offer to acquire that remnant. An
minimum acceptable selling price; uneconomic remnant is a parcel with little or no utility or
2.78-2
value. The City Council shall approve each real estate particular parcel by condemnation. (Ord. 4475 §2 (in
purchase agreement or delegate approval of agreements to pa~), 1994)
the Mayor for one or a number of pamels to be acquired
for a common purpose setting a limit on total
compensation in advance. (Ord. 4475 §2 (in part), 1994)
2.78.050 POSSESSION AND USE.
(a) No Owner shall be requi~d to summdor
possession of real property before the agreed purchase
price is paid, an amount not less than the City's appraisal
of the fair market value of the property is deposited with a
court having jurisdiction of condemnation of such
property for the immediate and umesixictad use of the
owner, or the amount of the award of compensation in the
condemnation proceeding is paid.
Co) As pm of negotiations, the department may
administratively extend un owner or tenant's occupancy by
a short term rental or for a period subject to texminadon on
short nodee, depending on the needs of the depafanent, for
un amount not exceeding tho fair rental value of the
property to a short-term occupier. (Ord. 4475 §2 (in pa~),
1994)
2.78.060 RELOCATION.
The cunsWactiun or development of a public
improvemmt shall be so schedulad ~ to the greatest
extent practicable, no po~on lawfully occupying
property shall be ~ to move fi'om a dwelling or
business without at least ninety days written notice of the
date such move is required. The City hereby elects not to
apply the provisions of RCW 8.26.035 fiu-ough 8.26.115
when acquLring property as l:mrt of a program or project
unless required by federal financial assistance. (Ord. 4475
§2 (in parO, 1994)
2.78.070 EXPENSES OF TRANSFER.
As soon as practicable atter the dat~ of payment of
the ]yarehn~-~, price or ~ date of deposit in colfft of funds
to satisfy the award of compensation in a condemnation
proceeding to acqu/re real property, the depmment shall
reimburse or pay the reasonable expenses for:.
1. Recording fees, lrunsfer taxes and similar
exp~mses.
2. Penalty costa for full or partial prepayment of
any recxisting r~corded roortgage.
3. The pm rata portion of real property taxes paid
which am allocable to a period subsequant to the date of
vesting title in the City. (Ord. 4475 §2 (in part), 1994)
2.78.080 EFFECT ON VOLUNTARY SALES.
Sections .040 through .070 of this chapter shall not
apply to voluntary sales negotiated following un offer
from the City or the owner where the City has not
expressly stated in writing its intent to acquire the
2.78-3
ORDINANCE NO.
AN ORDINANCE of thc City Council of the City of
Bremerton, Washington, repealing and replacing Chapter 2.78 of
thc Bremcrton Municipal Code entitled "Real Property
Transactions" establishing new procedures for the purchase, sale
and leasing of real property.
WHEREAS, the current provisions of Chapter 2.78 of the Bremerton Municipal
Code relating to real property transactions are burdensome and result in inefficient
administration and processing of real estate transactions; and
WHEREAS, the City Council desires to repeal and replace Chapter 2.78 of the
Bremerton Municipal Code in order to update the provisions relating to real property
transactions; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION1. Chapter 2.78 of the Bremerton Municipal Code entitled "Real
Property Transactions" is hereby repealed in its entirety and there is hereby created a new
Chapter 2.78 entitled "Real Property Transactions" to read as follows:
Chapter 2.78
REAL PROPERTY TRANSACTIONS
2.78.010 PURCHASES AND SALES.
The City Council shall approve all purchases of real property and shall surplus as
appropriate and approve all sales of real property by the City. Subject to the provisions of this
chapter, all real property purchases and sales shall be pursuant to terms and conditions as
approved by the City Council.
2.78.020 LEASES.
The leasing of real property by or to the City for a term which, including options, exceeds
two (2) years and/or exceeds $10,000 per year, shall require the approval of the City Council.
2.78.030 RIGHT OF WAY ACQUISITIONS.
City Council approval of project budgets or condemnation proceedings for right of way,
easement or other land acquisitions for street or road development or improvements shall
constitute City Council approval for the purpose of BMC 2.78.010.
2.78.040 UTILITY PROPERTY.
Prior to the sale or lease of city public utility real property, the city council shall, by
1
---~ Real Property Transactions
resolution, surplus and authorize the sale or lease of said property following a public heating
pursuant to the provisions of RCW 35.94.040.
2.78.050 INTERGOVERNMENTAL SALES AND LEASES.
Prior to the sale or lease of surplus city property having an estimated value of more than
fifty thousand ($50,000) dollars to another governmental entity, the city council shall hold a
hearing following notice pursuant to the provisions of RCW 39.33.020.
2.78.060 PARKS PROPERTY.
The sale or lease of parks property as designated in BMC 13.12.020 shall be subject to
the provisions of the Parks Protection Code, Chapter 13.12 BMC.
2.78.070 RELOCATION.
Pursuant to RCW 8.26.010(2), the City hereby elects not to comply with the provisions of
RCW 8.26.035 through RCW 8.26.115 regarding moving and related expenses when acquiring
property in connection with a program or project not receiving federal financial assistance.
SECTION 2. SeverabilitF. If any one or more sections, 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
rome and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in fome 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
ATTEST: APPROVED AS TO FORM:
KATHLEEN MCCLUSKEY, City Clerk ROGER A. LUBOVICH, City Attorney
2
-[ ~o Real Property Transactions
PUBLISHED the . day of ,2003
EFFECTIVE the .day of ,2003
ORDINANCE NO.
R:\LEGAL\Ordinances~Real Property Transactions.doc
3
-~ Rear Property Transactions
l/
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Authorizing an Interfund FOR AGENDA OF: April 9, 2003
Loan to the General Fund from the ORIGINATING DEPT: Finance Dept.
Contingency Reserve Fund ORIGINATOR: Michael R. Wilson
~,',,~,i~t~,~ ~i ~t~ DATE SUBMITTED: March 31, 2003
2. CLEARANCES: (comment on ba_~es~3. EXHIBITS:
City Attorney 21 nterfund Loan Resolution
Director, Finance "~2~1~-~- ~L~(~_~----,B. 2003 Cash Flow Chart
Operations Committee ~Z-f--0 ~
ENDORSEME~_T~ I [~PPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~ COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The General Fund has a history of cash flow deficiencies occurring twice each year due to the collection cycles
of property taxes and, as a result, the General Fund has an immediate need for an interfund loan in order to meet
cash flow needs. The Contingency Reserve Fund was established to provide funding to support and protect the
General Fund in the event of unforeseen and unfunded emergency situations. It is proposed that the Council
authorize the Director of Finance to make an interfund loan from the Contingency Reserve Fund (Fund 103) to
the General Fund (Fund 001) in the amount not to exceed $800,000 to meet the cash flow needs of the General
Fund. This loan shall bear no interest rate since the Contingency Reserve Fund was created for the purpose of
providing direct financial support and acts as a reserve for the General Fund. This loan shall be repaid to the
Contingency Reserve Fund from the General Fund on or before December 31, 2003.
8. RECOMMENDATION: It is recommended that the City Council move to approve Resolution No.~3¢
authorizing the Director of Finance to make an interfund loan from the Contingency Reserve Fund (Fund 103)
to the General Fund (Fund 001) in the amount not to exceed $800,000.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED __7~ED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO:
78
RESOLUTION NO. ,i~
A RESOLUTION of the City of Bremerton, Washington, authorizing an interfund loan to
the General Fund from the Contingency Reserve Fund.
WHEREAS, the fund balance for the General Fund (Fund 001) at the beginning of Fiscal
Year 2003 was $1,063,440; and
WHEREAS, the General Fund has a history of cash flow deficiencies occurring twice each
year due to the collection cycles of property taxes and, as a result, the General Fund has an
immediate need for an inter-fund loan in order to meet cash flow needs; and
WHEREAS, the Contingency Reserve Fund (Fund 103) was established to provide
funding to support and protect the General Fund in the event of unforeseen and unfunded
emergency situations; and
WHEREAS, reserve cash in an amount sufficient to meet the General Fund's cash flow
needs is presently on hand within the Contingency Reserve Fund;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City of Bremerton's Director of Finance is hereby authorized and
directed to make an interfund loan from the Contingency Reserve Fund (Fund 103) to the General
Fund (Fund 001) in the amount not to exceed $800,000 to meet the cash flow needs of the
General Fund. This loan shall bear no interest rate since the Contingency Reserve Fund was
created for the purpose of providing direct financial support and acts as a reserve for the General
Fund. This loan shall be repaid to the Contingency Reserve Fund fi.om the General Fund on or
before December 31, 2003.
SECTION 2. Severability. 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 sa. me shall remain in full force and effect.
SECTION 3. 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, on this __ day of
2003.
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: RESOLUTION # ,~.)~ ~ 'i , FOR AGENDA OF: April 9, 2003
SETTING A HEARING DATE OF APRIL 30,2003 ORIGINATING DEPT: PW&U Eng/neering Division
FOR VACATING A PORTION OF THE ALLEY ORIGINATOR Michael C Mecham, City Enginel~,~rfi~
LOCATED BETWEEN PACIFIC AND COGEAN DATE SUBMITTED: March 20, 2003
AVENUES AND BETWEEN 9TM AND 11TM ,ST ~P~ETS.
2. CLEARANCES: (comment on back if ~ -'ss~"///I,/t.r/ 3. EXHIBITS..
Director, Public Works/Utilities ~ ~z:~'BA' ~i::~
City Attorney '?G ~ ' P'
Director, Community Development ' ~
Council Budget & Finance Committee ~'~'---~'~-
Operations Committee
ENDORSE~II~lk[I~¢~ INFORMATION APPROVED BY COUN.~IL PRESIDENT FOR SUBMITT.
MAYOR t ~k. I eD'~ ...... - COUNCIL PRESIDENT ~_~-,~,,_.M__~
4, $~Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City received a petition from Mafiejocelyn Almerol to vacate a portion of the alley located between Pacific
and Cogean Avenues and between 9th and 11th Streets. This right-of-way consists of a portion of undeveloped
right-of-way that abuts the applicant's property and is not being used by the public. The vacation is being
requested by Mariejocelyn Almeml to improve her property. The City Council is being requested to establish a
hearing date of April 30, 2003, to consider the proposed vacation. The applicant has met all of the conditions
required by the Bremerton Municipal Code to move forward to a heating. Staff recommends passage of the
proposed Resolution.
8. RECOMMENDATION:
That the City Council pass Resolution # .~1, ~ f cI , setting a hearing date of April 30,2003, for vacating a portion of
the alley located between Pacific and Cogean Avenues and between 9th and 11th Streets.
9. RESPONSIBLE OFFICIAL: CityEn$ineer
ENFORCEMENT OFFICIAL: N/A
EXPIP, ATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED ~~
DISAPPROVED
COUNCIL DIRECTIVE DATE:
11. AGENDA BILLNO:_.~).i~- ~___~.' ~ c~
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The heating on the right-of-way vacation will not occur, and the rights-of-way will not be considered for vacation.
6. IMPACT ON STAFFING. BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Staffing: No impact.
Budget: No impact
Facilities/Equipment: No impact
7. RESEARCH SOURCES
BMC 11.20 Vacation of Public Rights-of-Way
RCW 35. 79 Streets
ab,Vacations, Pacific and Cogean, Almerol, Agenda Bill
RESOLUTION NO. k~' ~: i
A RESOLUTION of the City Council of the City of
Brcmcrton, Washington, establishing a heating date for thc
proposed vacation of a portion of thc alley located between Pacific
and Cogcan Avenues and between 9th and 11th Streets.
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION1. A petition has been received to vacate a portion of the alley located
between Pacific and Cogean Avenues and between 9th and 11th Streets.
SECTION2. A public heating will be held on April 30, 2003, at 5:30 p.m. or
later at the Bremerton City Hall, 239 Fourth Street, Bremerton, Washington, to take public
comment or consider written objections to the vacation.
SECTION 3. If fifty percent or more of the property owners abutting said right-
of-way file written objections to this action prior to the time set for public hearing herein, the
hearing shall be canceled and there shall be no further proceedings under this resolution.
SECTION4. 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
force and effect.
SECTION 5. 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
ab, Vacations, Pacific and Cogean Avenues, Resolution, 4-03
Hearing re 2nd Street Vacation
007-01 001 O0
z ~ 0,0~, ~00z
006-00 0
_j_ V~IC~~
CITY OF BREMERTON EXIBIT MAP FOR'
DEPARTMENT OF PUBLIC WORKS
& U~U~ES PROPOSED VACATION FOR PORTION
ENGINEERING DIVISION OF ~Ll-~ ~'0.~.- ~L~L'
~ ~/~o/o2 OA~ 9/~o/o2