HomeMy WebLinkAbout04/30/03 AGENDA 239 4th Street · Bremerton, WA 98337 · Phone (360) 478-5280 · Fax (360) 478-5251
CITY COUNCIL MEETING AGENDA
APRIL 30, 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. CO.SENT AGE.DA
A. Minutes of Meeting - April 9, 2003 (#AB03-066)
B. Minutes of Meeting - April 16, 2003 (#AB03-067)
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. MAYOR'S REPORT
7. PUBLIC RECOGNITION - Comments limited to 3-minutes
8. NEW BUSINESS
A. Hiring of Michelle Eichorn to the position of CDBG Program Coordinator (#AB03-
068)
B. Contract Award for Construction of"West 650 Pressure Zone Improvements,
Reservoir No. 23" (#AB03-069)
C. Environmental Oversight Contract with HART CROWSER for the Conference Center
Project (#AB03-070)
D. Interlocal Agreement with NORTHWEST AIR & SUPPLY for purchase of Air Compressor
and Fill Station with Public Safety Bonds (#AB03-071)
CONTINUED ON BACK ....
E-mail: c tycouncil@ci.bremerton wa.us · Web: www. ci.bremerton.wa.us
E. Professional Services Agreement with R~CE FERGUS MILLER ARCHITECTURE &
PLANNING, LLP for design of new Headquarters Fire Station (to be paid with Public ,"~
Safety Bonds) (#AB03-072)
F. Interlocal Agreement with Kitsap County for the Operation of the City's Permitting cji-
System (#AB03-073)
G. Professional Services Agreement with iNTERLOCKING SOFTWARE CORPORATION for
Development of Tax/Licensing Module & Modifications to the Permitting System ~,~
(#AB03-074)
9. PUBLIC HEARINGS - ORDINANCES & RESOLUTIONS
A. Ordinance No. 4852 [Second Reading] Repealing and Replacing Chapter 21.06 of
the Bremerton Municipal Code relating to COMPREHENSIVE PLANS (#AB03-063) '7 3
B. Resolution No. 2891 Regarding recovery of fees for securing the unsafe structure at 80
1309 Poindexter Avenue (#AB03-075)
10. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
DATE SUBMITTED: April 24, 2003 BILL # 03
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Committee Meeting Date: N/A
Meeting Minutes - April 9, 2003 COUNCIL MEETING Date: April 30, 2003
Department: City Council
Presenter: Council President
Phone: (360) 478-5280
SUMMARY: Attached are the Meeting Minutes for the regular City Council meeting
of April 9, 2003.
ATTACHMENTS: Meeting Minutes for April 9, 2003
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR: /~///0c
CItY ATTORNEY:
MAYOR: ~/~
FISCAL/BUDGET: lJ ./~
OPERATIONS: ,/d ,/0
COUNCIL PRESIDENT: Li~q~ _.,'5~,~rff_.~J
RECOMMENDED MOTION: Move to approve Consent Agenda as presented
AGENDA STATUS:
Consent []
New Business []
Old Business []
Ordinance []
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution []
Public Hearing []
Information []
] Study Session []
TAPES #1886 & #1887
CITY COUNCIL MEETING MINUTES
April 9, 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, April 9, 2003, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Mike
Short, Will Maupin, Eric Younger, Mike Shepherd, Ed Rollman, Daren Nygren, and Cecil
McConnell. Council member Wayne Olsen 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 Reverend Ron Whitney of Neighborhood Christian
Center.
President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room to discuss updates to
the meeting Agenda; and
2. Item 9(D) has been pulled from the agenda tonight.
CONSENT AGENDA
A. Minutes of Meeting - March 26, 2003 (#AB03-048)
B. Reimbursement of Right-of-Way Vacation Cost to KPS (#AB03-049)
C. Bid Award to H.D. FOWLER COMPANY for Purchase of Ductile Iron Pipe for 2003
(#AB03-050)
#0035 M/SIC (McConnell/Short) Move to approve Consent Agenda as presented.
Voted in favor of Motion: McConnell, Nygren, Rollman, Shepherd, Maupin, Short, and Arends
Abstained: Younger
Motion carried: 7-Yes; 1-Abstention
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.
#0075 M/S/C/U (Younger/McConnell) On April 9, 2003, the Council approved payment for
Check Numbers 279808 through 280074 in the amount of $1,101,642.63; Regular Payroll for
the period ending March 31, 2003 in the amount of $1,104,371.68; and Retiree Payroll for the
period ending March 31, 2003 in the amount $145,571.70.
COUNCIL MEMBERS
Cecil McConnell announced a District 1 & 2 Town Meeting would be held to discuss the
"Public Safety Bonds" and "Downtown Projects" next Thursday, April 17 from 6:30 to 8:00 P.M.
at the Sheridan Park Recreation Center located at the corner of Clare Avenue & Lebo Blvd; and
provided a briefing on the favorable First Quarter Report from the Gold Mountain Golf Complex.
Damn Ny,qren cautioned the public that persons not affiliated with the F.O.E. Eagles are
illegally selling raffle tickets, and to call 911 if approached to purchase one of these tickets.
Ed Rollman explained that because of his wedding anniversary, he was unable to attend the
last Parking Committee meeting held on Monday, however, he agreed with the four main
options being offered to the public. He also was happy to see that the bulldozers have begun
TAPES #1886 & #1887
City Council Reg. Mtg. Minutes
April 9, 2003
Page 2 of 9
on the Conference Center; and lastly, announced a spring cleanup is planned for City of
Bremedon residents Monday, April 21 through Saturday, April 26.
Mike Shepherd discussed his attendance at the First Friday Art Walk last week; and the
upcoming Armed Forces festivities planned for the weekend of May 17 & 18.
Will Maupin summarized the issues discussed at the Kitsap Regional Coordinating Council
meeting; and the Kitsap Health Board and the Kitsap Transit Board meetings.
Mike Short thanked the Parks Department for organizing the well-attended event to celebrate
Arbor Day this afternoon at Evergreen Park.
Carol Arends reported that she also attended several of the events previously mentioned
including meetings with the Kitsap Regional Coordinating Council, Kitsap Health Board, and the
Kitsap Transit Board meeting; the Arbor Day ceremony today; and that tomorrow she would be
attending the Puget Sound Regional Council Transportation Policy Board meeting.
MAYOR'S REPORT
· Council President Carol Arends read a proclamation on behalf of the Mayor to proclaim
April 9, 2003 as the 130t~ "Arbor Day" in the City of Bremerton, and to also recognize the
City of Bremerton as a "Tree City USA" by the National Arbor Foundation for the 7th
straight year. It was noted that Mary Ruth Urwin had accepted the proclamation this
afternoon during the Arbor Day ceremony, which included a tree planted in honor of the late
Donald L. Urwin.
· Michael Wilson, Finance Director, provided a briefing on Finance issues, indicating that the
City will focus on finding new revenue sources to sustain City services; will review financial
management policies with respect to the budget process to improve accountability and to
conduct business in the most cost effective way possible; and will seek ways to minimize
duplications in policies and procedures for purchasing, accounts payable, and payroll.
· Sandra Howe, Chairman of the Chamber of Commerce Armed Forces Day Committee,
introduced 6 of the 8 contestants for the Armed Forces Day Scholarship Program; and
invited the Council to attend the "Speak Off" on Tuesday, May 6, from 7:00 to 9:00 P.M. in
the Theater at the Keyport Museum.
PUBLIC RECOGNITION
Alien Shute continued to express his concern that citizens have not been appointed to the
Parking Committee.
Gordy Byrd discussed his campaign to collect tooth brushes for those in need.
Capt. Tom Wolfe of the Police Department, provided a follow-up to a previous citizen concern
regarding the crosswalk at 11th & Callow Avenue. It was noted that that after a preliminary
investigation, believes that with the signage already in place, the intersection is as safe as it can
be, however, his Department will continue to monitor the situation.
Roy Runyon congratulated the City for supporting the downtown library, which he believes is a
true asset to the entire community.
Norman Monson asked for help in resolving a parking infraction received on Anoka Avenue.
TAPES #1886 & #1887
City Council Reg. Mtg. Minutes
April 9, 2003
Page 3 of 9
Gene Sampley announced some bridge closures (approx. 2-hour durations) at the Manette
Bridge on Tuesday, April 15 beginning at 9:00 A.M.; Wednesday, April 16 beginning at 1:00
P.M.; and Tuesday, April 22 beginning at 1:00 P.M.
H. Emily Moshay, "Positively Bremerton", encouraged citizens to join "Positively Bremerton"
and try "Heavenly Foods Cafe", which recently opened on Callow Avenue (phone 782-0723).
M. Shane Shrodt, "Positively Bremerton", was excited about all the exciting things happening in
Bremerton, but finds it unfortunate that an apartment belonging to three military personnel has
been broken into several times while they are away serving our Country.
Paul Drnievic announced the next Bremerton Community Concert event would be pianists
"Simon & Son" on Thursday, April 10 at the Bremerton High School Performing Arts Center;
and encouraged.
Kyle Krueqer, "Positively Bremerton", announced several upcoming events at the Evergreen
Park; and noted that a petition has been started to create a "dog park" area.
8A - CHANGE IN TITLE AND JOB DESCRIPTION OF THE "MUNICIPAL SERVICES
COORDINATOR" TO "EXECUTIVE COORDINATOR'' (#AB03-051): Michael Wilson.,
Finance Director, explained that over the last few 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 support the Mayor in
the effective administration of the City's business.
President Arends emphasized that all discussion would be limited to the job description and
change in title, and not salary issues.
H. Emily Moshay stated that she was in attendance at the Council Study Session when this
issue was discussed, and was impressed with the way the Council wanted to do the right thing,
and to follow the law in resolving this issue. She also expressed her support for this action.
Del Knauss maintained his opinion that this position was not necessary for any of the previous
Mayor's, and noted that a previous employment contract for a "Municipal Services Coordinator''
has already been approved and signed by all parties involved, and did understand why it is
being rewritten.
Bill Hoke also attended the previous Council Study Session on this issue, and noticed the
"tremendous amount of work" the person in this position will have to do, and therefore believes
the new title was warranted.
Roy Runyon expressed his concern over the appearance that the creation of this new position
was really a means of changing the form of government in Bremerton to a "City Manager" form
of government.
Allen Shute commented that the City already had a Mayor and therefore did not need a "City
Manager"; and that the public elected the Council to "have the power" in the City's government.
Paul Drni~-vic acknowledged that he basically agreed with the goals of "Positively Bremerton",
but did not support the proposed changes to the title and job description as presented. He
expressed his concern that this action was really a "round-about" way of changing the form of
government to a City Manager form of government, and urged further study by the Council.
TAPES #1886 & #1887
City Council Reg. Mtg. Minutes
April 9, 2003
Page 4 of 9
RoRer Lubovich clarified that this action was to change an existing job description, not to
change the City's form of government.
Mr. Nyqren also assured the public that this action was not to change the City's form of
Government, and pointed out that this position already exists in the Mayor's Department. He
expressed his support for the added duties to this job description to address the current needs
of the City.
Mr. Youn~ler agreed that the position of "Municipal Services Coordinator" has been in place for
quite awhile, and understands that one of the main reasons for creating the position in the
beginning was to address annexation issues, which the Council has listed as one of their main
priorities. He therefore proposed an amendment to the Motion to again emphasize "annexation
issues" in the new job description; and for the title to remain "Municipal Services Coordinator".
Paula Johnston, Deputy City Clerk, recommended that the Main Motion, as is, should be
provided first, and then any Amended Motions could be proposed.
Mr. Short established that he and the Council President spent a considerable amount of time
on this issue for the last several months, and that he studied the issue further with legal
advisors from Municipal Services Research Center. Much work was involved to assure that the
final draft of the job description eliminated all controversial issues, and any suggestion that the
position was creating a "City Manager" form of government. He supported the job description
as it is being presented tonight. Lastly, he responded to public comments agreeing that it is
time to move on to other issues, however, emphasized that it was the responsibility of the
Council to follow the Bremerton City Charter and to deliberate these type of issues.
Mr. Maupin reiterated that the Mayor was the Chief Executive Officer for the City, and that this
job description did not change that. He established that other Mayors in Mayor-Council forms
of government have utilized "Assistants" or "Deputy Mayors" while still maintaining "strong-
Mayor" forms of government. He commented that when this issue first came up, he believed
the Council was correct in wanting to assure that there were no violations to the City Charter, or
that the duties did not conflict with the duties of the Council President. He believes that it is
important for the Council to agree with all the functions performed by this position, but did not
believe that the "title" of the position was important. He supported the job description and job
title ("Executive Coordinator") as is currently presented.
Mr. McConnell declared that the current situation was created by violations to the City Charter,
and therefore believed the proper solution would be to return the position back to the way it was
prior to it coming to the attention of the Council. He does not believe that the Council should
authorize changes that were made in violation of the City Charter and ordinances, and did not
want to lend credibility to the statement that "rules were made to be broken".
#2920 Main-Motion/S (Maupin/Nygren) Move to approve a change in title of the position of
"Municipal Services Coordinator" to "Executive Coordinator", and to approve the attached new
job description.
No vote was taken at this time, as discussion continued...
Mr. Shepherd stated that based on the number of calls he has received from citizens on this
issue, he was still concerned that this action gave the appearance of a change in the City's form
of government without a vote of the people.
TAPES #1886 & #1887
City Council Reg. Mtg. Minutes
April 9, 2003
Page 5 of 9
Mr. Shepherd proposed an amendment to include "Attends all City Council meetings...", which
died for lack of a second.
Mr. Rollman added that this issue was first brought to the Council's attention by the City's Audit
Committee, and that if the Council did not take steps to correct this issue, it could result in an
unfavorable Finding by the State Auditor. Referring to the job description, he was pleased to
see that the person in this position would "Coordinate and consult with the Mayor and City
Council President on legislative issues", to keep communication open between the Council and
the Administration. However, he had concerns that such an important position should have
higher education requirements, therefore proposed an amendment to reinstate an MBA or MPA
as minimal requirements.
#3255 Amendment to Main Motion/SAN (Rollman/McConnell) to reinstate a Masters of
Business Administration or Masters in Public Administration as a minimum education
requirement.
No vote was taken at this time, as discussion continued...
Mr. Youn.qer pointed out that Mr. Rollman's concerns were actually addressed under "MINIMAL
REQUIREMENTS" where it is noted that in place of higher education, the applicant can have a
combination of "...any equivalent combination of education, background, and experience that
provides the required knowledge, skills, and abilities.,
Mr. Maupin feared that this amendment to require higher education requirements would
actually be leading the Council in the opposite direction - toward creating a "City Manager".
Mr. Short agreed. Mr. Ny.qren reminded the Council that the job qualifications were already
thoroughly discussed at the Committee meeting, and therefore did not agree with the
amendment. Mr. Lubovich pointed out that at the Council Study Session on this issue, it was
first requested for language to be included indicating that an "MBA or an MPA was preferred',
but after further discussion, a consensus was reached to remove that language requiring the
higher-level education.
Mr. Rollman and Mr. McConnell agreed to withdraw the amendment in its entirety. Mr.
Rollman further noted that no decisions are made during a Study Session - it is only a time for
"fact gathering".
TAPE #1887
#0015 Amending Motion #1/S/C (Younger/McConnell) Move to approve the attached new job
description as amended, changing the position title back to "Municipal Services Coordinato?';
and modifying the language to include the words "Conducts annexation planning and..." to the
annexation duty currently listed.
Voted in favor of Amending Motion #1: Rollman, Shepherd, Younger, Short, McConnell,
Nygren, and Arends
Voted opposed to Amending Motion #1: Maupin
Motion carried: 7-Yes; 1-No
#0085 Amending Motion #2/S/C (McConnell/Rollman) Move to approve the attached new job
description as amended, replacing the word "Manages" (used three times) under
"REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES", with "Reviews", "Chairs", and
"Carries ou~'.
TAPES #1886 & #1887
City Council Reg. Mtg. Minutes
April 9, 2003
Page 6 of 9
Voted in favor of Amending Motion #2: Shepherd, Younger, Maupin, Short, McConnell, Nygren,
Rollman, and Arends
Voted opposed to Amending Motion #2: Nygren
Motion carried: 7-Yes; l-No
#0'145 Main-Motion (as amended)/S/C (Maupin/Nygren) Move to approve a change in title of
the position of "Municipal Services Coordinator" to "Executive Coordinator", and to approve the
attached new job description; including Amendment #1 (to retain the "Municipal Services
Coordinator" position title; and modifying the language to include the words "Conducts
annexation planning and..." to the annexation duty currently listed); and Amendment #2
(replacing the word "Manages" (used three times) under "REPRESENTATIVE ESSENTIAL DUTIES
AND RESPONSIBILITIES", with "Reviews", "Chairs", and "Carries ou¢').
Voted in favor of Main Motion as Amended: Younger, Maupin, Shod, Nygren, Rollman,
Shepherd, and Arends
Voted opposed to Main Motion as Amended: McConnell
Motion carried: 7-Yes; l-No
8B - PURCHASE OF A 2003 TORO GROUNDMASTER 4000-D MOWER (#AB03-052): Jim
Orton, Fleet Manager, stated that the Parks & Recreation Department is requesting a purchase
of a 2003 TORO GROUNDMASTER 4000-D Mower at a pumhase price of $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 through the 510 Fund
(Equipment Rental Reserve) from vehicles 1837 and 1855. ER&R will fund all but $1500, which
will be provided by the Parks & Recreation Department.
There were no comments from the public.
#0258 M/S/C/U (Short/Rollman) Move to authorize the purchase of a 2003 TORO GROUND
MASTER 4000-D Mower in the amount of $46,690.09.
8C - BID AWARD TO ASSOCIATED UNDERWATER SERVlCES~ INC. FOR THE CATHODIC
PROTECTION AND PILE WRAP OF THE BREMERTON BOARDWALK (#AB03-053): Jim
Spencer, Parks & Recreation Director, said that bids were opened on Monday, March 10, 2003
for the Bremerton Boardwalk Cathodic Protection and Pile Wrap Project. A total of seven (7)
bids were received for this project. The Iow bidder is ASSOCIATED UNDERWATER SERVICES, INC.
from Spokane, WA for the lump sum bid of $201,381.21. The total contract amount, including
Washington State Sales Tax is $218,381.21. It was explained that if the repairs were not
made, it would ultimately lead to further degradation of the pilings. In conclusion, it was noted
that Project Manager Dan Miller was instrumental in putting together this package.
There were no comments from the public.
Mr. Maupin asked if there were any concerns about the experience of the Iow-bid contractor
who submitted a bid much lower than the other bidders. Mr. Spencer expressed his
confidence regarding the reputation of ASSOCIATED UNDERWATER SERVICES, INC for quality
work. Mr. Youn.cler asked if the City could retain the remainder of the $500,000 grant since this
project only required $218,381.21. Mr. Spencer indicated that he was reluctant to ask the
State that question until he found out for sure that the Council approved this contract.
#0470 M/S/C/U (Rollman/Short) Move to approve the contract award to ASSOCIATED
UNDERWATER SERVICES, INC. of Spokane for the Cathodic Protection and Pile Wrap of 131-steel
TAPES #1886 & #1887
City Council Reg. Mtg. Minutes
April 9, 2003
Page 7 of 9
pipes at the Bremerton Boardwalk in the amount of $218,381.21, and authorize the Mayor to
execute the contract subject to current City Administrative Policies and Procedures.
Additionally, approve the related budget adjustment subject to current City Administrative
Policies and Procedures.
8D - APPLICATION FROM SEATTLE OUTBOARD ASSOCIATION FOR HYDROPLANE ANI3
RUNABOUT RACE ON KITSAP LAKE FOR MAY 3 & 4~ 2003 (#AB03-054): Jim Spencer,
Parks & Recreation Director, summarized that the Seattle Outboard Association (SOA) has
applied to the City of Bremerton for permission to host a hydroplane/runabout race on Kitsap
Lake. A meeting of affected City Departments (i.e. Police, Fire, Risk Management, City
Attorney, and City Clerk) was convened to determine what added requirements were necessary
in order for the event to be considered, and a letter transmitting these requirements was
forwarded to the applicant. Written concerns received from the Washington State Department
of Fish and Wildlife, were addressed and resulted in the rescheduling of the event for May 3
and 4, 2003. A public meeting, with directly impacted neighbors, was held on March 10, 2003
to discuss the possibility of holding this event. During the event, the lake will have to be closed
to all other activity. Camp McKean has stated they will approve this application if the City
provides approval.
There were no comments from the public.
John Erickson, Kitsap County Representative for the Seattle Outboard Association, indicated
that traffic issues have been considered; and Mr. Short reiterated that he held a District 9
meeting in early March to allow citizens an opportunity to ask questions and express any
concerns.
#0865 M/S/C/U (ShortJMcConnell) Move to approve the Seattle Outboard Association's
application, including the added requirements documented on Exhibit 2, to hold a
hydroplane/runabout race on Kitsap Lake on May 3 & 4, 2003.
8E - AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR DESIGN
SERVICES WITH ACRES INTERNATIONAL, CORPORATION (#AB03-055): Mike Mecham, City
Engineer, pointed out that the Public Works & Utilities Department 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.
There were no comments from the public.
#0960 M/S/C/U (McConnell/Maupin) Move to 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.
9A - ORDINANCE NO. 4851 {SECOND READING) AMENDING SECTION 6.32.100 OF THF
BREMERTON MUNICIPAL CODE {#AB03-046): The first reading of this ordinance was heard
at the Council meeting on March 26, 2003. RoRer Lubovich, City Attorney, was available to
TAPES #1886 & #1887
City Council Reg. Mtg. Minutes
April 9, 2003
Page 8 of 9
summarize the purpose of this amendment, and to address any concerns or questions.
There were no comments from the public.
#1035 M/S/C/U (Shepherd/McConnell) Move to pass Ordinance No. 4851 on second reading.
9B - ORDINANCE (FIRST READING) REPEALING AND REPLACING CHAPTER 2.78 OF
THE BREMERTON MUNICIPAL CODE RELATING TO REAL PROPERTY TRANSACTIONS
(#AB03-056): RoRer Lubovich, City Attorney, stated that the current provisions of Chapter
2.78 of the Bremerton Municipal Code relating to real property transactions are burdensome
and result in the inefficient administration and processing of real estate transactions. The
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.
There were no comments from the public.
Mr. Short thanked the Legal Department for the excellent job in streamlining this process.
Mr. McConnell wanted assurance that all previous regulations were carried over into this
proposed ordinance.
Mr. YounRer asked what initiated the changes proposed for Chapter 2.78. Mr. Lubovich
explained that whenever he looked at the code to deal with a real estate transaction, he realized
that there were a number of policies in place that were not being utilized, and that City staff was
not being consistent when applying the code to surplus property. He cited the importance for
the Council to be involved with all real estate transactions. Mr. YOunRer expressed his concern
that the "non-utilized" policies such as the inventory analysis should be followed rather than
removed; and also expressed an interest in knowing why the last revisions were made to this
code in 1994.
#1655 M/S/C (Short/Nygren) Move to approve the proposed ordinance on first reading.
Voted in favor of Motion: Nygren, Rollman, Maupin, Short, McConnell, and Arends
Voted opposed to Motion: Shepherd and Younger
Motion carried: 6-Yes; 2-No
9C - RESOLUTION NO. 2888~ AUTHORIZING AN INTERFUND LOAN FROM THF
CONTINGENCY RESERVE FUND TO THE GENERAL FUND (#AB03-057): Michael Wilson,
Finance Director, emphasized that 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 unfounded emergency situations. It is proposed
that the Council authorize the Director of Finance to make and 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.
There were no comments from the public.
TAPES #1886 & #1887
City Council Reg. Mtg. Minutes
April 9, 2003
Page 9 of 9
Mr. Younqer indicated his preference to leave the Contingency Reserve Fund alone, and
instead, to eliminate the Discretionary Reserve Fund and, and place the money back in the
General Fund. Mr. Wilson agreed that the Discretionary Reserve Fund should be analyzed,
but did not recommend eliminating the Fund at this time.
#2415 MIS/CIU (Younger/Short) Move to approve Resolution No. 2888 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.
~r~ Re:SO~ ~ mOH ~'~ ~' ~c:'rT.P!G A ...... - ............... , ......
A,,,C~, ,ce R~,,n oc'ri~,EEN 9~~) Item was pulled.
With no fudher business, the regular meeting of the City Council was adjourned at 8:27 P.M.
Prepared and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, Deputy City Clerk
CAROL ARENDS, City Council President
City of Bremerton
CA/PJ/Is/cge
/0
DATE SUBMITTED: April 24, 2003 BILL # 0 3-- (~ (9 7
AGENDA BILL 3~
CITY COUNCIL
SUBJECT: Committee Meeting Date: N/A
Meeting Minutes - Ap~l 16, 2003 CO~C~ MEET~G Date: Ap61 30, 2003
Dep~ment: City Council
Presenter: Council President
Phone: (360) 478-5280
SUMMARY: Attached are the Meeting Minutes for the regul~ City Council meeting
of Ap~l 16, 2003.
ATTACHMENTS: Meeting Minutes for April 16, 2003
FISCAL IMPACTS (Include Budgeted Amount): 0
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
MAYOR:
FISCAL/BUDGET: ~/~
OPERATIONS: }~ I~
COUNCIL PRESIDENT: ~
RECOMMENDED MOTION: Move to approve Consent Agenda as presented
AGENDA STATUS:
Consent []
New Business []
Old Business []
Ordinance []
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Resolution []
Public Hearing []
Information []
{ [ Study Session []
TAPE #1888
CITY COUNCIL MEETING MINUTES
April 16, 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, April 16, 2003, at 5:30
P.M., with Council President Carol Arends presiding. Council members present were Mike
Short, Will Maupin, Mike Shepherd, Ed Rollman, Daren Nygren, and Cecil McConnell. Council
members Wayne Olsen and Eric Younger were absent. Also present were City Attorney Roger
Lubovich; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell,
followed by the invocation provided by Reverend Paul Meekerof Our Saviour's Lutheran
Church.
President Arends made the following announcements: 1. A Pre-Council session was held in the Council Conference Room; and
2. Item 8(A) was pulled from the agenda tonight.
CONSENT AGENDA
A. Bid Award to BENKO-MATIC for Purchase of 6-Wheel Regenerative Air Street
Sweeper (#AB03-059)
B. Kitsap Lake House Rental Agreement with Bill Cook (#AB03-060)
#0012 M/S/C/U (McConnell/Short) 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.
#0042 M/S/C/U (McConnell/Short) On April 16, 2003, the Council approved payment for Check
Numbers 280075 through 280317; EFT 7615 through EFT 7620; and EFT 7622 in the total
amount of $1,769,054.31.
COUNCIL MEMBERS
Cecil McConnell announced a District 1 & 2 Town Meeting would be held to discuss the
"Public Safety Bonds" and "Downtown Projects" Thursday, April 17 from 6:30 to 8:00 P.M. at
the Sheridan Park Recreation Center located at the corner of Clare Avenue & Lebo Blvd.
Ed Rollman reiterated information on the upcoming "Spring Clean-Up" for City of Bremerton
residents, which will be held Monday, April 21 through Saturday, April 26. He also noted that he
forwarded two citizen complaints to the appropriate Departments for their response.
Mike Shepherd was pleased to announce that after a year of discussions, the Evergreen Park
neighborhood design standards were now complete and ready to be submitted for inclusion in
the Comprehensive Plan. He also announced the Sinclair Inlet Clean-Up & Marine Fair event
scheduled Saturday, April 19 at the downtown boardwalk beginning at 11:00 A.M.
Will Maupin reported on the issues discussed at the Puget Sound Regional Council's Growth
Management Policy Board meeting in Seattle last Thursday; and reported on his attendance at
the "Cross-Sound Kick-Off event" on Monday.
Mike Short reported on the many issues discussed at the Executive Council meeting for the
Peninsula Regional Transportation Planning Organization (PRTPO).
TAPE #1888
City Council Reg. Mtg. Minutes
April 16, 2003
Page 2 of 3
MAYOR'S REPORT - Mayor Bozeman ...
· Enjoyed himself with Congressman Norm Dicks at the Mariner Game last night;
· Held discussions with Doug MacDonald, Secretary of Transportation with the
Washington State Department of Transportation, about promoting several Bremerton
events on the ferries to encourage residents of Seattle to visit Bremerton;
· Expressed his intention to appoint a new Board Member for the Westpark
Redevelopment, and invited the Council members to provide any recommendations;
· Provided an update on the request for Capital Budget funding for three City projects ($1
million for Maritime Park; $700,000 for the Naval Museum; and $1.1 million for the
Conference Center);
· Looked forward to a new marketing program and "speaker's bureau" soon to be
implemented in the City;
· Reported that Kitsap Transit has received authority to run the Passenger-Only ferries;
· Applauded Elaine Valencia for her dedicated service to the City, and noted that she is
currently beginning her 21st year working in the Mayor's office;
· Met with OPUS today to discuss the construction of the new Parking Garage for the
Conference Center;
· Announced that The Calvary Chapel has purchased the old SEARS building for Church
programs and a Day Care Center;
· Indicated his intention to recommend two young professional City employees for
participation in the "2004 Leadership Kitsap" program;
· Congratulated Scott Alexander and his staff at the Gold Mountain Golf Complex for the
golf course receiving recognition as one of the best golfing values in the country; and
· Introduced Sherril Huff-Menees, who informed the Council that she will be presenting a
proposal to the Library Board to keep the Martin Luther King, Jr. Library downtown.
PUBLIC RECOGNITION
Allen Shute was pleased at the final options reached by the Parking Committee as noted in a
recent article in The SUN; and to learn that the library would soon receive video tapes of all City
Council meetings.
Marilyn Mantzke discussed several upcoming events sponsored by the West Sound Arts
Council, including the Annual Spring Tea & Fashion Show on Saturday, May 10; Tour of Dale
Chihuly's glass blowing "hot shop" and Tacoma Art Museum on June 16; and a bus trip to the
Oregon Shakespearean Festival in Ashland, Oregon on September 11. Additional information
can be obtained by calling (360) 373-6531.
Gordy Byrd provided an update on his goal to collect toothbrushes to donate to local schools.
Don Larson reiterated the information about the Sinclair Inlet Clean-Up event, and thanked the
local sponsors; reiterated his request for the City to consider an underwater park; and was
pleased to announce that Kitsap Trees will soon be planting trees in the median along Hwy 304.
Shirley Wise, Traffic Safety Coordinator for the City, discussed the Cross Sound Kick-Off event
held on Monday for the Highway Safety Project and displayed the signs that wilt be going up in
several locations to designate the area for the Traffic Safety Project. She also provided a web
site address at www. kitsapcorridor, orR for citizens to receive updates.
TAPE #1888
City Council Reg. Mtg. Minutes
April 16, 2003
Page 3 of 3
.A PaOCE~-e'n" aL SER~"''~- .~.GP.c-c~'ENT WITH 'C:CFP. Y ' vn, ,~.,~- cna
....................... ~ ......... 1). Item pulled from the
agenda.
8B - PART-TIME, SEASONAL, AND TEMPORARY EMPLOYEE POLICIES (#AB03-062):
Carol Conle¥, Human Resources Director, explained that these policies will establish general
guidelines and benefits entitlement as appropriate to part-time, temporary, seasonal, and extra
help positions. Currently there are no guidelines governing these four types of employees.
There were no comments from the public.
Mr. Short thanked Ms. Conley for providing the additional information and salary survey.
#1350 M/S/C/U (Shepherd/Short) Move to approve the part-time, temporary, seasonal, and
extra help employee policies as presented.
With no further business, the regular meeting of the City Council was adjourned at 6:15 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
DATE SUBMITTED: BILL # O 3 '-
April 16, 2003 AGENDABILL 8A
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Committee Meeting Date: April 22, 2003
Hire of CDBG Program Coodinator COUNCIL MEETING Date: April 30, 2003
Department: DCD
Presenter: Chris Hugo
Phone: 473-5243
SUMMARY:
Currently there is a vacancy in the CDBG Program Coordinator position.
The selection process has been completed and Michelle Eichhorn is the
selected candidate.
Starting salary is recommended to be Pay Band 10, Rate 4 on the Professional
Pay Plan.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
This position is totally reimbursed from HUD.
APPROVALS:
/ /
DEPARTMENT DIRECTOR: ? ~ ~' '~'~ ,~/-
: /
MAYOR: -~' "-Ir -? ~c ~ ~' ;-
FISC=~UDOET: -'
OPE~TIONS: ~5
CO~ClL P~SIDENT: /~
~CO~ENDED MOTION:
Hove to approve hire of Hichelle Eichhorn to the position of CDBG Program Coordinator~
AGENDA STATUS:
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Consent []
New Business []
Old Business []
Ordinance []
Resolution []
Public Hearing []
Information []
Study Session []
DEPARTMENT OF
COMPlUNTTY DEVELOPMENT
MEMORANDUM
To-' President Arends and Members, Bremerton City Council
From; Chds Hugo, Direct~-ri, l
Date: Apd117, 2003
Re: PROPOSED HIRE OF MICHELLE EICHHORN AS CDBG PROG COORDINATOR
The Administration proposes to hire Michelle Eichhom to fill the vacant CDBG Programs
Coordinator position at higher than entry pay rate and asks the Council's approval. We have
been working to fill this position for several months, and Ms. Eichhom is the most capable
professional that we interviewed from a group of eight finalists.
POSITION BACKGROUND
This position became vacant with the resignation of Debbie Peavler-Stewart in late
September, 2002. Debbie's job title was the same as Marylyn Waibel's, "Administrative
Analyst." Dudng the process to set the 2003 Budget, these two positions were renamed to
"CDBG Programs Administrator" and "CDBG Programs Coordinator." I proposed these
changes to more clearly identify the job function and to set a minor staff hierarchy within the
CDBG program function. I assigned the subordinate "Coordinator" title to the vacant position.
SELECTION PROCESS
We advertised the vacancy in October and interviewed five finalists in early December. Of
those, two individuals stood out with the professional characteristics that we were seeking,
and Denise Comstock was offered the position. Denise started work in early January at Rate
5. Six weeks later, she resigned apparently because of misunderstandings about the
conditions of work. The position was offered to the other top finalist, but she had already
made other plans and declined.
Three additional applicants from the original submittals were then interviewed by Sherril Huff-
Menees and Marylyn Waibel. These three evidenced good job histories and relevant skills
but not as much direct experience with HUD and its CDBG program. Michelle Eichhom was
recommended for hire, subject to the Director's approval. Paul Rogerson and I conducted a
second interview with Michelle and also concluded that her experience was appropriate for
the position and that she had professional skills and experience that would be of great benefit
to the City and Department.
SALARY NEGOTIATION
At the conclusion of my interview with Ms. Eichhorn, we discussed conditions of employment.
She proposed a starting salary at Rate 6, and I immediately rejected that offer. I explained
the City procedures to hire above the entry rate. After some additional consideration, Ms.
Eichhom proposed, and I agreed to consider, a starting salary at Rate 4.
JUSTIFICATION
Rate 4 is one step above the entry level pay rate for the CDBG Program Administrator
position (and, therefore, one step above the entry level rate for the prior Administrative
Analyst position). In addition to attaining a Master's degree from Western Washington
University, Ms. Eichhorn's has gained five year's experience in community development and
program coordination, both as a paid professional and a citizen volunteer. She is an
experienced researcher and analyst, and she has worked in many different community-
building capacities. Ms. Eichhom is passionate about community, particularly the social and
economic development realms most relevant to the CDBG program function. Her work
history is not appropriate for an entry-level hire, and, under the prior Administrative Analyst
title and Pay Band, she would have qualified for her requested salary level.
The salary issue has been negotiated to this final proposal. Ms. Eichhorn has personal
reasons to continue her professional career in Bremerton, but she recently received a
substantial pay increase in her current position and also has indicated receipt of an offer of a
higher salary with another employer (although, this could be a "bargaining" position). She is
our best and only choice for filling the vacant position. Since Debbie Peavler-Stewart's
departure over a half year ago, Marylyn Waibel has been attempting to keep the various
CDBG program areas on track, but she is losing ground and things are stacking up. If Ms.
Eichhom is not hired, the City is back to square one and facing three more months without
the position.
RECOMMENDATION
Based on her education, experience and anticipated value to the city in this position and as a
personable and skilled public servant, I recommend that Ms. Eichhom be hired at Rate 4.
· Page 2
Michelle T. Eichhorn
City. of Bremerton October 25, 2002
Human Resources Department ~
239 Fourth Street, Room 217
Bremerton, WA 98337
Dear Human Resources Manger,
This letter is in response to your recent advertisement posted at your web-site regarding the position of Community
Development Programs Coordinator. Upon reviewing the critical skill areas for this position it is clear to me that l
have the appropriate technical and educational background with my MS in Community and Regional Planning and
much practical work experience in community and economic development. This is also compleznented with sound
knowledge and application skills in analysis, research and field-work in the various community development fields
required for this challenging position. Furthermore, I have several years of practical experience in community
development work with much of my professional focus on community outreach and sustainable development
techniques with special emphasis given in my thesis reseamh project covering the topic of how to build better
collaborative programs. Because I embrace challenging work of this type, I strongly feel that my unique
combination of talents and experience would be a perfect match for this Community Development Programs
Coordinator position.
Upon reviewing my resume you will discover that I have several years of paid and volunteer community planning
and program development experience in Washington State and Texas. My recent work as an Associate Planner and
Research Analyst with both the Lower Colorado River Authority and TIP Development Strategies, have greatly
refined my planning and economic development skills within both rural and metropolitan communities. This
highly responsible position required the collecting and analyzing great amounts of information for the completion
of user friendly consulting reports including: comprehensive community plans, strategic economic development
plans, baseline analysis repons, land use plans, capital improvements plans, and collaborative community visioning
projects. In addition to this, I enjoyed work experience as an Associate Planner for the Holford Group, a real-
estate and community development corporation, where I successfully participated as a team member on community
development projects. Much of this work was within the capacity of researcher and liaison with responsibility for
the processing of land development applications and permits for private clients, developem, neighborhood groups,
as well as state and local authorities of all kinds. My volunteer work in the city of Bellingham focused on the
development of a place based Community Assets Program, dov4ntown re-development, and grass-roots sustainable
community development projects at the neighborhood level. In addition to my community development and
planning skills, I also have competent experience in staff management and supervision, public relations, human
resources, community liaison, recruiting, volunteer management and coordination, group facilitation, problem
solving, public speaking and presentations, as well as excellent communication skills to offer the City of Bremerton
Community Development team.
In summary, I woald like to say that I am a natural and cooperative team player and leader, am flexible, organized,
creative and independent, detail oriented, have a good sense of'humor and have the proven ability to synthesize
ideas and produce results in new environments as well as teaching, training, and working with individuals from
diverse cultures and backgrounds.
Thank you for your time and consideration. If you are interested in contacting me, I can be reached at the above e-
mail address any time or after 5:00pm at the home telephone number.
Thank You,
Michelle Eichhorn
Michelle T. Eichhom
EDUCATION University of Texas, Austin, M.S.C.R.P. 6/30/02
Western Washington University, B.A. Degree, Bellingham, WA
Skagit Valley College, A.A.U.C.T. Degree, Mount Vernon, WA
Bellevue Community College, Bellevue, WA
University of Maryland, European Division, Bonn, Germany
St. Antonius Kolleg, Bonn, Germany
Mt. Vernon High School, Mt. Vernon, WA
Note: (Currently in trial period at the Swinomish Tribal Community as an Associate Planner - See
City of Bremerton Application for more information.)
PROFESSIONAL Lower Colorado River Authority, Austin, TX
EXPERIENCE Community Economic Development Research Analyst
10/01 - 9/9/02 Within this position, I have contributed to the developed of both long-range economic, strategic and
comprehensive community plans. As part of a community development team I have performed in-
depth research and analysis of community and economic development related data, best practices
and initiatives. This best-practices research and application development pertained to the areas of:
land-use, ordinances, natural resource management, collaborative community processes, survey
development, many sustainable development topics, various housing programs, sprawl and
annexation, alternative energy efficiency, as well as many public policy and community initiatives.
Furthermore, it was my responsibility to professionally relay research information through oral
presentations, report writing, or the publishing of plans for both public and interoffice review.
T.I.P. Development Strategies, Austin,
Communitg Development Research Assistant and Analyst
5/01 - 9/30 My responsibilities with this consulting team were to perform primarily and secondary research on
demographic, economic, industrial and social information. I then assisted in collecting, analyzing,
interpreting and transforming this information into the form of a consulting report. In addition, I was
responsible for investigating sustainable solutions and strategies for a variety of community issues to
enhance community development for cities, communities, natural resource agencies within the U.S.
The Holford Group, Community Planning Consulting, ~ustin, TX
Planning Assistant
5/00 -5/01 As a part of the consulting team I assisted in researching property for due-diligence. This position
required the participation in planning surveys, field investigations, property analysis and research of
property ownership and permit contract document. This deepened my knowledge-base of the
zoning, permitting, variance, and plan review processes and law surrounding subdivision and site-
plan development. My liaison responsibilities required the coordination of information, documents
and meetings with the City, State, County, and many private community development related offices.
I also, created several community housing research databases of housing in Austin, for clients and
planning staff.
Foreign Language Association of the Northwest, Bellingham, WA
3/98-9/99 Program Coordinator
Recruited, organized, taught, trained, and hired Western Washington University students and
community teachers who then provided a variety of foreign language classes at local elementary and
middle schools. In addition, I was responsible for the promotion of the organization and for
expanding the range of classes to include more schools in and around the Bellingham, Washington
area. In relation to this work I taught a class at Westem Washington University in the Fail of 1998,
please see experience at Western Washington University.
Michelle T. Eichhom
COMMUNITY
WORK Texas:
Central Texas Community Development Center-Austin, Volunteer
Clean Elections Coalition -Austin, Volunteer
Austin Race Relations Alliance - Austin, Volunteer, Group Facilitator and Member
University of Texas Environmental-Outreach Recycling Project- Austin, Volunteer
After School Reading Program - Fredricksburg, Volunteer
Community Gardens -East Austin Garden, Volunteer
Washington State:
Downtown Development Council - Bellingham, Community Representative
Building Community Assets Program - Bellingham, Volunteer Community Liaison and
Program Coordinator
Bellingham Eco-Village - Sustainable Living Community Pilot Project, Bellingham,
Community Volunteer
Community Co-op Sponsored Events -Bellingham, Volunteer
Greenways Community Trail System - Volnnteer
Re-Sources - Bellingham, Cormnunity Representative and Clean Streams Project
Volunteer
Backyard Abundance - Bellingham, Voinnteer Food Preparation and Server at
Community Dinners
The Human Race - Beltingham, Volunteer Fund Raiser for Bridget Collins House £or
Battered Women
The River Farm -Sustainable Energy and Homebuilding Community Development
Fairs - Bellingham, Volunteer
COMPUTER
SKILLS PC or Mac: All current Microsoft Office products, GroupWise, ACT 2000 Database
Management, MS Access, Arc-view, Photoshop, IMPLAN - economic impact
software, SPSS - Statistical Analysis Software for modeling, GIS - Geographic
Information software
LANGUAGES Fluent in German and Familiar with Spanish
INTERESTS City of Seattle Sister City Program, member
World Affairs Council, Seattle, WA, member and volunteer
The Zodiac Sailing Vessel, volunteered to teach sailing to community groups
Travel, Organic Gardening, Training Horses, Outdoor Activities
Sustainable Community Development
PUBLICATIONS Common Sense Newsletter- Inequity and Incentives, October, 2001
Austin County Economic Development Plan, (Done in Collaboration with the Lower
Colorado River Authority) January, 2002
AWARDS 1993 / 1994 Student Honor Roll - 1994 Honors Graduate -Westem Washington
University
AGENDA BILL
BREMERTON CITY COUNCIL
_
1. SUBJECT: CONTRACT AWARD FOR FOR AGENDA OF: ,2003
CONSTRUCTION OF WEST 650 PRESSURE ORIGINATING DEPT: PW&U Engineering Div.
ZONE IMPROVEMENTS, RESERVOIR NO. 23 ORIGINATOR: Michael Mecham, City Engine .j~f'~
DATE SUBMITTED: April 11, 2003
_CLEARANCES: (comment on bac~l~' 3. EXHIBITS
2.
Director, Public Works/Utilities ~.~- .-~- ¢_-¢ ~'P A. Bid Tabulation ( l~¥0.i[at0{t,
Purchasing Manager ~ ~ B. Site Map ~P~va~o/~lt..
Council Budget & Finance Committee
Council Operations Committee ~---.d~ ,~ ~,[
ENDORSE]M~NT<_~ /~,' ,INFORMATION~ _ APPROVED BY COUNCIL P/~.. ~SIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Sealed bids for construction of the project titled "West 650 Pressure Zone Improvements, Reservoir No. 23" were
opened on April 24, 2003. The engineer's estimate for the project is $1,260,000. 3 bids were received for
this project. /~91n~ f--.~a_~g'P(-oer~oO.~e~ was the lowest responsive bidder with a bid of
$~ (including sales tax)J. '
8. RECOMMENDATION:
Move to award a contract in the amount of $ ~'3,~1 ~, 3'O with ,//~(.~. ~--O,r/~'P ~.-~r~]~Yj...~ C.,
for construction of the project title "West 650 Pressure Zone Improvements, Reservoir No 23" and a'u(horize the
Mayor to execute the necessary contract documents for construction.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTiVE DATE:
11. AGENDA BILL NO: 03-- 0(09_
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Construction o£ Reservoir 23 will be delayed. This will in turn delay construction of the other projects in the West
650 Pressure Zone, which may cause loss of substantial Federal grant funding of these projects.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
Staffing: No impacts.
Budget: No impacts. This project is included in the 2003 Budget.
Facilities: No impacts.
7. RESEARCH SOURCES
ab, Agenda Bills, 2003~ West 650 Bid Award,
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: ~. 30-- O3
Hart Crowser Environmental ORIGINATING DEPT: Economic Dev.
Oversight Contract ORIGINATOR: Gary Sexton
DATE SUBMITTED: 4/16/03
2. CLEARANCES: (comment on back 3. EXHIBITS:
if nece~.~y)
ENDORSEMenT .. INFORMATION__ APPROVED BY COUNCIL PRES~ENT FOR SUBMITTAL:
MAYOR ~--~~ COUNCIL PRESIDENT ~.¢~f~ ~.~--t~
Request Council authorization of Hart Crowser contract for
environmental oversight for construction of the Conference Center.
8. RECOMMENDATION:
Move that the Council authorize the Mayor to sign the contract on
behalf of the City with Hart Crowser for environmental oversight for
excavation and construction of the Conference Center at 100 Washington
Avenue.
9 RESPONSIBLE OFFICIAL: ~;~ ~ ~
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED __ TABLED __ APPROVED __ DISAPPROVED __ AMENDED
COUNCIL DIRECTIVE: DATE:
11. AGENDA BILL NO: 0~- ~70
2. CLEARANCE COMMENTS (cont.) :
SUMMARY STATEMENT (cont.):
The environmental oversight contract for the Conference Center retains
Hart Crowser for four tasks: Task 1 Prepare a construction
contingency plan (environmental plan); Task 2 - Provide excavation
oversight; Task 3 - Prepare a construction report; and Task 4
Project Management Agency Interaction. The contract is in a base sum
of $106,187 with a contingency for scope overruns in the sum of
$35,678.
5. IMPACT ON NON-PASSAGE:
Failure to approve would require a contract change order with OPUS
Northwest, LLC and increase the overall task expenses to the City.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCE8
The proposal is currently in the budgeted expenses for the Conference
Center Project.
7. RESEARCH SOURCES
CONTRACT ORDER
DATE: April 15, 2003
CLIENT: Gary Sexton ~,~!:.~
City of Bremerton
239 - 4th Street
Bremerton, Washington 98337
PROJECT: Environmental Oversight of Soil Excavation ~.~,~
Bremerton Conference Center
Bremerton, Washington
7806-01
Description of Work ~,, ~,~c~
We are pleased to present this scope of work for environmental oversight for construction of the Bremerton
Conference Center in gremerton, Washington. Because of the potential for encountering contaminated soil at the
site, we will perform the following tasks to assist you in handling potentially contaminated materials encountered
during construction:
· Task 1 - Prepare a Construction Contingency Plan;
· Task 2 - Provide Excavation Oversight;
· Task 3 - Prepare a Construction Report; and
· Task 4 - Project Management and Agency Interaction.
Based on our February 6, 2003, meeting with you and Opus Northwest and on the current schedule for site
development, we understand that remediation at the site will be conducted as an independent Cleanup Action
under the Washington State Department of Ecology (Ecology) Voluntary Cleanup Program (VCP). This scope of
work is based on completing the cleanup action as described in the Cleanup Action Plan (Hart Crowser 2003)
and preparing a VCP closure report after completing remedial actions at the site. It is our understanding that the ,;~ ,,~;~.:v~
City of Bremerton intends to seek a No Further Action letter from Ecology.
Below we present our proposed scope of work, project schedule, and estimated cost.
City of Bremerton 7806-01
April 15, 2003 Page 2
Task I - Prepare a Construction Contingency Ran
We will prepare a construction contingency plan for handling and disposing of potentially contaminated
materials The plan will outline areas where we expect to encounter contaminated materials; procedures for
sampling, segregating, and stockpiling; and outlining criteria for disposal. We will coordinate with the contractors
and the waste disposal facility in advance as much as possible to minimize delays from environmental conditions
encountered during construction.
'l~[s task also includes preparation of a Hart Crewser site-specific health and safety plan. Note that the B(cavetion
Contractor is responsible for his own health and safety.
Task 2 - Provide Excavation Oversight
A Hart Crowser field representative will be present on site during soil excavation activities His responsibilities will
include:
· Perform air monitoring for volatile organic compounds (VO Cs) using a photoionization detector (F~D) and
benzene detector tubes, as appropriate;
· Screen soil as it is excavated for sheen, odor, or staining, and testing for the presence of VO Cs with a PID;
· Direct soil that is potentially contaminated to either be hauled to Olympic View Sanitary Landfill, if highly
contaminated, or to the City of Bremerton storage site if marginally contaminated;
· Collect, for chemical analysis, a minimum of one soil sample per 500 cubic yards of soil hauled directly to
Olympic View Sanitary Landfill;
· Collect verification samples from potentially contaminated soil left in place at the base and side walls of the
excavation, at a minimum of one soil sample per 1,000 square feet. Verification samples will be collected
from the gasaline-contaminated area near Washington Avenue, the hot spot excavation area in the
Waterfront Area, and any other potentially contaminated areas identified during construction;
· Arrange for analysis of verification samples for appropriate chemical constituents;
· Assess removal of contamination based on verification sample analytical results;
· Inspect stockpiles to ensure integrity of environmental control measures;
· Collect stockpile characterization samples for chemical analysis at a frequency in accordance with Ecology
guidance; and
· Oversee removal or in-place closure of the Washington Avenue UST.
Verification and stockpile soil samples will be analyzed at a minimum for the following constituent,~
· Gasoline-range petroleum hydrocarbons;
· Diesel-range petroleum hydrocarbons; and
· Lead.
City of Bremerton 7806-01
April 15, 2003 Page 3
If oil-range patmleum hydrocarbons are detected in any sample and the stockpile will potentially be left at the
City property, the sample will be analyzed for polycyclic aromatic hydrocarbons (PAHs) to ensure that these
compoundsare below MTCA Method A cleanup levels
If sandblast gdt is encountered, it will be segregated and samples will alsa be analyzed for metals by toxicity
characteristics leaching procedure (TCLP) extraction to determine proper disposal. If TCLP analysis is necessary, it
will be performed as a change order to this scope of work.
Tam 3 - Prepare a Construction Report
After excavation and soil disposal activities are completed, we will prepare a construction report documenting the
occurrence and disposal of contaminated materials, Verification sample locations and analytical resultswill be
included. The report will also include copies of weigh fickets for soil disposed of at O lympic View Sanitary
Landfill.
Task 4 - Project Managernent and Agency Interaction
This task includes invoicing, meetings, and communications with Ecology. The estimated cost is based on four
meetings in Bremerton with the City of Bremerton, Opus, and/or Ecology. Thistask includes preparing VCP
application forms for requesting a N o Further Action determination. However, it does not include fees for
E~ology's review of the reports or application form.
Schedule
We will perform construction oversight during your construction schedule. This scope of work assumes soil
removal activities will take 10 weeks The construction report will be prepared within 3 weeks of receiving final
chemical results from the laboratory and disposal documentation from you.
EsUmated Project Cost
The estimated cost of the above scope of work is $137,818. Because thiswork depends on the project
construction schedule and the amount of potentially contaminated soil encountered, the work will be billed on a
time and materials bads. This cost estimate does not include analysis of any samples via TCLP extraction. The
eslimated cost breakdown as follows, with details provided in Table 1:
Task 1 - Prepare Construction Contingency Plan $3,961
Tad( 2 - Provide E(cavation Oversight $78,313
Task 3 - Prepare Closure Report $9,232
Task 4 - Proiect Management and Aoencv Interaction $10,437
9Jbtotat $106,187
Contingency for Scope Overruns $35,678
City of Bremedon 7806-01
April 15, 2003 Page4
Total Estimated Coals $137,616
The tasks above are equivalent to Ta~s 1D, 4A, 4D, 4E and 4G, listed in Table 1 of our Revised Remediation
Cost Estimate Letter dated November 1,2002. The total estimated cost of these tasks in the November 1, 2002,
letter was $113,508 without contingency and $153,236 with contingency. The lower estimated cost is due to a
lesser amount of reporting and E~.ology interaction based on pedorming the cleanup action as an Independent
Remedial Action rather than under an Agreed Order.
We have included a contingency for several potential conditions that may occur during construction.
Contingencies include an extended construction schedule; extra sample analysis on rush turnaround time, or for a
greater volume of contaminated soil; and performing this work under an Agreed Order with Ecology rather than
as an Independent Remedial Action. We have included these contingencies in this scope of work to minimize
potential delays in the construction schedule but we will not use it without prior authorization from you.
The scope of work outlined above will be billed in accordance with the Terms and
Conditions of our existing contract dated December 17, 2002, and the attached rate
schedule. Our services will be performed in accordance with the standard of care of our
profession. Please acknowledge your acceptance of this work by having this contract
properly signed and retuming a signed copy to us. Any changes to this contract must be in
writing and mutually agreed to. We intend to use the Contract Change form (provided in
earlier proposals) to effectively implement and document any changes
APPROVED FOR CITY Date:
O F BRI~! B~'O N By:
Printed Name:
HART CROWSI~, INC. By: Date:
Printed Name:
F:\ Docs\ Jbbs'~780601\ scC(cont facto rder).doc
HART CROWSER RATE SCHEDULE
Sr. Principal $158
Principal $144
Sr. Associate $130
Associate $116
Sr. Project $102
Project $ 88
Sr. Staff $ 74
Staff $ 60
Technician $ 51
Sr. Drafter $ 65
Drafter $ 51
Project Assistant/Technical Word Processor $ 51
DIRECT CHARGES
Auto Mileage Current Federal Standard
Truck/Van Rental (Half<lay minimum) $70.00/day
Subcontractors and Outside Vendors Cost + 10%
Communication Charge 5% o~' Billed Labor
Safety Program for Potentially Dangerous/Hazardous Material $5.00/field labor hour
The current Schedule of Laborator'j and Field Charges for ir~house laboratory services and field
equipment rental and supplies is available upon request. All rates are subject to change without notice,
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: 4/30/03
ORIGINATING DEPT: Econ. Dev.
Pubic Safety Bond Issue ORIGINATOR: K. McCluskey
Purchase of Air Compressor and DATE SUBMITTED: 4/11/03
Fill Station
2. ~: f j~i~ . 3. EXHIBITS:
Fire Chief {z~_-___~-~f~
~ty ~ttorne~-~_ _ _Vi_~ Interlocal Agreement
Operations ~ '~
ENDORSEEN O ~ APPenD BY CO~CIL PRESIDENT FOR SUBMITT~:
4. S~Y STATEMENT ~D ~QUIREMENT FOR CO~CIL ACTION:
The City entered into an Intergover~ental Cooperative Purchasing
Agreement with Kitsap County fire District ~7 to purchase an air
compressor and Fill Station. Northwest Air & Supply was the low bidder
meeting specifications for the air compressor in the amount of $27,438
excluding taxes and shipping. It is reco~ended that the Contai~ent Fill
Station in the amount of $4,812.00 be purchased from Northwest Air &
Supply as well to maintain uniformity of systems throughout the Fire
Department. The purchase price will be off-set by a $30,000 ~ grant
obtained by the Fire Department.
8. RECOMMENDAT I ON:
Motion to approve purchase of Air Compressor and Fill Station through
Intergovernmental Agreement from Northwest Air & Supply..
9. RESPONSIBLE OFFICIAL: Aclmin Srvs. Director
ENFORCEMENT OFFICIAL: Ac[rain Stye. Director
EXPIRATION DATE: 12/31/2004
REVIEW DATE: Continuous
1 0. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE:
Date:
ii. A E DA BIL
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
We will need to go to bid for air compressor if we do not use
intergovernmental purchase.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
This is included in the Public Safety Bond Issue budget.
7. RESEB_RCH SOURCES:
INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
Pursuant to Chapter 39.34 RCW and to other applicable laws, the CITY of
BREMERTON and KITSAP COUNTY FIRE DISTRICT #7, political subdivisions
of the State of Washington, hereby agree to cooperative governmental
purchasing under the following terms and conditions:
1. This Agreement pertains to bids and contracts for supplies, material,
equipment, or services that may be required from time to time both by
the CITY of BREMERTON and KITSAP COUNTY FIRE DISTRICT #7.
2. Each of the parties from time to time goes out to public bid and
contracts to purchase supplies, material, equipment, and services.
Each of the parties hereby agrees to extend to the other party the right
to purchase pursuant to such bids and contracts to the extent
permitted by law and to the extent agreed upon between each party
and the bidder, contractor, vendor, supplier, or service provider.
3. Each of the parties shall comply with all applicable laws and
regulations governing its own purchases.
4. Each of the parties shall contract directly with the bidder, contractor,
vendor, supplier, or service provider, and pay directly in accordance
with its own payment procedures for its own purchases. Each party
will indemnify and hold the other party harmless as to any claim arising
out of its participation in this Agreement.
5. Any purchase made pursuant to this Agreement is not a purchase from
either of the parties. This Agreement shall create no obligation to
either of the parties to purchase any particular good or service nor
create to either of the parties any assurance, warranty, or other
obligation from the other party with respect to purchasing or supplying
any good or service.
6. No separate legal or administrative entity is intended to be created
pursuant to this Agreement. No obligation, except as stated herein,
shall be created between the parties or between the parties and any
applicable bidder or contractor.
7. The FINANCE DIRECTOR of the CITY OF BREMERTON and the
CHIEF FINANCIAL OFFICER of KITSAP COUNTY FIRE DISTRICT #7
shall be the representatives of the entities for carrying out the terms of
this Agreement.
3,/
8. This Agreement shall continue in force until canceled by either party,
which cancellation may be effected upon receipt by one of the parties
of the written notice of cancellation of the other party.
APPROVED this day of APPROVED this 27 day of
February, 2003 February, 2003
CITY OF BREM~E~ON KITSAP CO. FIRE DISTRICT #7
BY: ~ ~ BY:
Cary Bozeman ~ Roger Wffey, Chair
Mayor
APPROVED AS TO FORM: M~eJ.J~'o~vn, ~ire Chief
Gity Attorney Rick Gross, Secretary to
Board
ATTEST:
BY: &~'~,('k~,~k..~ ~,._
Kathleen L. McCluskey
Administrative Services Director
35
Breathing Air Compressor Bid Opening 3/4/03
Kitsap County Fire District 7 and Bremerton Fire Department
Compressor Unit
Wheatland Fire
Equipment Company No Bid No Bid No Bid
SeaWestern Inc. '$ 27,468.72'$ 2,376.00~
~reigh~ -~- i~4800 .... Vendor will provide start-
~ Saies'Fax~8.8°/o $ 2,59707 $- .... 209.09] up and training
~ - - Totals ~ ~ 1,243.79 *2,585.09I $ 33,828.88
L. N. Curtis & Sous [ $ 36,067.00 $ 5,600.00 Quote includes shipping,
g~l~-:F~x ~ 8.8°_/o~ $ .3, 173.90 $ 492.80 up, and training set
Tot~alq $ 39,240.90 $ 6,092.80 $ 45,333.70
~orthwest Air & Supply $ 27,438.00 $ 2,200.00
~ - FreidG ~ i,476¥6
/ ' ihstailaiion & I-raifiing $ 45o.00 ....
~ gales T~a~¢ 8.8% $- ~,584.03 $ 193.60
/ ~1: $ ~i5~.03 $ ~ $34,341.63 $ 512.75
Fill Station {Bremerton Fire)
SeaWestern Inc. $ 3~ 142.0~
Sale; 'T~x ~8.8°~ ~ 5~9.~2~ Vendor will provide sta~-up and training
=~;t~i~ ~ 3,706.82~ $ 3~706.82
L. N. Curtis & Sons $ 5,082.50
- sales Tax ~ 88% $_ 447.26 ~uote includes shipping, set-up, and trainir
Total~ $ 5,529.76 $ 5,529.76
Northwest Air & Supply $ 4,812.00
Frejght $ 480.00
Installation & Trainip~
.__ Sales Tax ~ 8.8% $ 465.70
Totals $ 5,757.70 $ 5,757.70
AGENDA BILL
B RTON CO CIL
1. SUBJECT: FOR AGENDA OF: 4/30/03
ORIGINATING DEPT: Econ. Dev.
Pubic Safety Bond Issue ORIGINATOR: K. McC~uskey
Professional Services Agreement DATE SUBMITTED: 4/11/03
Architect for New Fire Station
2. CLEARANCES,,'[ /'~ /~i f 3. EXHIBITS:
Fire Chief
City Attorn~~ ~ Architect Contract
Fiscal & Bud~;'~
4. SUMMA/{Y STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City issued an RFQ for architect services in February. We received 10
responses. The project team selected three firms for interview. Interviews
were held in March. The Interview team evaluated each firm based upon
the following criteria: a} strength of the proposed team; b) demonstrated
flexibility in design concepts; c) experience in designing fire stations;
d) compatibility/responsiveness to owner team; e) degree of interest and
responsiveness in undertaking the project; f) location of key personnel.
The architect firm of Rice/Fergus/Miller was selected. The fixed fee
amount is $215,556.
8. RECOMMENDATION:
Motion to approve Professional Services Contract with Rice/Fergus/Miller
for design of new Headquarters Fire Station.
9. RESPONSIBLE OFFICIAL: Admin Srvs. Director
ENFORC~ENT OFFICIAL: Admin Srvs. Director
EXPIRATION DATE: 12/31/2004
REVI~ DATE: Continuous
10. NOTICE OF ACTION
PULLED TABLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE:
Date:
AGENDA BIL .O: 03--
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
Delay in design of new headquarters fire station.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
This is included in the Public Safety Bond Issue budget.
7. RESEARCH SOURCES:
Professional Services Agreement
A. Project Owner: City of Bremerton, 239 Fourth Street, Bremerton, WA 98337,
phone - (360) 473-5234, fax - (360) 473-5850.
B. Architect: Rice Fergus Miller Architecture & Planning, LLP
262 4th Street, Bremerton, WA 98337
(360) 377-8773; FAX: (360) 792-1385
C. Time for Performance: Per Article II - Schedule of Performance
D. Compensation for Services: $215,556
E. Architects Authorized Basic Representative: David A. Fergus, Partner
F. City's Representatives:
Kathleen McCluskey, Project Administrator
Gary Sexton, Director of Economic Development
The parties listed as authorized representatives have authority, make decisions and on
behalf of the respective party.
THIS AGREEMENT IS MADE SUBJECT TO THE TERMS AND CONDITIONS SET
FORTH ON THE FOLLOWING PAGES HEREOF. THE ARCHITECT
SPCIFICALLY AGREES THAT THE INDEMNIFICATION AND SAVE HARMLESS
PROVISIONS OF SUCH AGREEMENT, TOGETHER WITH THE ARCHITECT'S
WAIVER OR IMMUNITY UNDER WASHINGTON RCW TITLE 5 I, WERE
SPECIFICALLY REVIEWED AND MUTUALLy NEGOTIATED, INCLUDING BUT
NOT LIMITED TO PARAGRAPH 9.
Rice ?. gus Miller .
Arch~e,~u re ,&J~n n m g, LLP City of Bremerton
r4r ds(f By:
Title: P~er Title: Mayor
Date: ~L ~; ~fl~ Date:
Professional Services Agreement
Page I of 15
4/21/2003
I. Consultants:
The Architect shall, in a timely manner, designate and appoint sub-consultants
after.conferring with the City's Project Administrator. The Architect shall not
appoint any sub-consultants to which the City has a reasonable objection. The
Architect shall incorporate the provisions of this agreement, the scope of work,
and the requirements of the project into the contracts with sub-consultants.
Th.e Architect shall not change consultants on this project without the express
written approval of the owner project representative, which approval shall not
unreasonably be withheld.
II. Schedule of Performance
Schedule of performance, Basic Services, Bremerton Headquarters Fire Station
Complete by
Schematic Design Phase 07/15/2003
Design Development Phase 08/30/2003
Construction Documents Phase 10/30/2003
Bidding Phase 11/31/2003
Construction Phase 11/31/2004
Construction Completion Phase 12/31/2004
III. Scope
The Architect will perform architectural and engineering base services for
Schematic Design, Design Development, Construction Documents, Bidding and
site visits for the construction phase. These services include structural,
mechanical, and electrical engineering services.
The fire station is to be constructed on a 1.1 acre parcel being purchased by the
City adjacent and west of Park Avenue and between Ninth and Tenth Streets,
plus possible property for parking north, south or west of the primary properties.
The anticipated building size is approximately 15,300 sq. f~.
The Architect shall review information provided by consultants directly retained
by the City and shall coordinate the work and work product of such consultants
with the Architect's work into an overall set of consistent drawings,
specifications and other contract documents. The Architect may reasonably rely
upon the accuracy and completeness of City furnished services, information,
surveys and reports. In such cases, authorship of such documents will be clearly
identified.
Professional Services Agreement
Page 2 of 15
4/21/2003 t~°
The Architect shall provide to the Project Administrator four (4) copies of project
documents upon completion of each of the Schematic Design, Design
Development and Construction Document phases. Project documents shall be in
a form and style suitable for presentation, review and reproduction.
The Project Administrator shall submit the Architect's documents for obtaining a
building permit and other permits or approvals required for the project. Upon
application for such permits, the Architect shall reply to all inquiries from
governing agencies forwarded by the Project Administrator, shall make any
necessary or appropriate changes to the Contract Documents approved by the
City and assist the City in expediting the issuance of all such permits or
approvals.
The Architect shall meet solely with Kathleen MeClnskey, Project Administrator
or in her absence, Gary Sexton and Al Duke, Fire Chief as reasonably requested
to ensure that the developing design is meeting the City's requirements and shall
conduct presentations of the Project to the City Council or other groups as
requested by the Project Administrator, limited to one such presentation at the
completion of each phase of service.
A detailed list of the documents to be prepared for each scope of work is attached
hereto as Attachment A.
Through the design process, the Architect shall assist Project Administrator with
analyzing the project scope, design alternatives, schedule and budget options to
keep the project within the Maximum Allowable Construction Cost (MACC). If
the construction cost estimate exceeds the MACC, the Architect shall analyze
design alternatives and submit cost saving options for the City's consideration.
City shall furnish required information, approvals and services as expeditiously
as necessary for the orderly progress of the work. Architect shall promptly notify
the Project Administrator in writing in the event orderly progress of the work is
disrupted by failure of the City to provide such information, approvals or
services, and the project schedule shall be adjusted as mutually agreed.
The City shall separately furnish the following services: · Land survey of the site, prepared by a registered land surveyor.
· Legal, accounting, and insurance counseling services reasonably required.
Geotechnical engineering, which may include test borings, test pits, soil
bearing values, and air and water pollution tests.
· Civil engineering.
· Landscape and irrigation design services.
· Specialty consultant services, such as communications, acoustic, indoor
air quality, security, audio visual, or similar.
· Testing services during construction that are reasonably required.
Professional Services Agreement
Page 3 of 15
4/21/2003 t{I
The City shall arrange and pay for the required advertisements for bid and other
legal notices.
A. Schematic Design Phase
1. Based upon the City's approved program created in consultation with the
Architect, the Architect shall prepare the general and detailed
requirements for the Project, for the Project Administrator's approval.
The Schematic Design Phase shall consist of two parts: a) Conceptual
Design Alternatives and b) Schematic Design Documents. Upon approval
of the Conceptual Design by the Project Administrator, the Architect shall
prepare the Schematic Design Documents.
2. The Architect shall submit to Project AdministratOr a Construction Cost
Estimate projected to the expected time of bid, itemized by major
categories, to give reasonable assurance that construction costs will not
exceed the MACC. The format of the estimate shall be based on format
approved by the Project Administrator. The Construction Cost estimate
shall establish a preliminary schedule setting forth the expected period of
time required for completion of construction.
3. The Architect shall provide a timely written response, in accordance with
the schedule, to Project Administrator review comments, and shall secure
the City's written approval of the Schematic Documents.
B. Design Development Phase
1. Upon written authorization to proceed from City, the Architect shall
prepare, based upon the approved Schematic Design documents, Design
Development documents required to fix, describe and illustrate the full
size, character and scope of the Project.
2. The Architect shall submit to Project Administrator an updated and
itemized Construction Cost Estimate including an updated Project
schedule, based on the completed Design Development documents, in the
same format as the Estimate prepared for the Schematic Design Phase.
The updated Construction Cost Estimate shall be in sufficient detail to
give reasonable assurance that construction costs will not exceed the
MACC.
3. The. Architect shall review and respond to the Project Administrator's
review comments and shall secure Project Administrator's written
approval of the Design Development documents.
C. Construction Documents Phase
Professional Services Agreement
Page 4 of 15
_ 4/21/2003 ~o3.'
1. Upon written authorization to proceed from Project Administrator, the
Architect shall prepare, based upon the approved Design Development
documents, Construction Documents consisting of Drawings,
Specifications and other documents setting forth in detail the scope of the
Project, Such documents shall describe materials, standards of
workmanship, finishes, equipment and the conditions affecting the work
required to be performed in all divisions of the construction work.
2. In preparing the Construction Documents, the Architect shall, in
consultation with the Project Administrator, prepare the necessary bidding
information, bidding forms, which shall inehide the City's General
Conditions of the Contract, Supplemental Conditions, instructions to
bidders and prevailing wage rates and ensure that .the subsequent divisions
of the Construction Documents are consistent therewith.
3. The Architect shall prepare a detailed Construction Cost Estimate,
including an updated Project schedule, based on the completed
Construction Documents. The final detailed Construction Cost Estimate
shall include an itemization of alternates proposed and the estimated
construction cost to be added or deducted from each alternate selected.
a. The Architect shall propose and prepare bid alternates to provide
reasonable assurance that the City will be able to award a construction
contract that does not exceed the MACC.
4. The Architect shall submit to Project Administrator four (4) sets of the
completed construction drawings and specifications.
5. The Architect shall secure the City's written approval of the drawings and
specifications, the final cost estimate, and the alternates.
D. Bidding Phase
1. The Architect shall assist the Project Administrator in issuing the Bid
Documents to bidders and plan centers. The Architect shall attend and
participate in the prebid conference and generally assist Project
Administrator in managing the bid process.
2. In the event the lowest responsive bid submitted by a responsible bidder
satisfactory to the Project Administrator exceeds the MACC, then the
Architect will, at it's sole cost and expense, revise the drawings and
specifications as may be required by Project Adminis~ator to reduce or
modify the quality or quantity, or both, of the work so that the total
construction cost of the Project will not exceed the MACC.
Professional Services Agreement
Page 5 of 15
· 4/21/2003 q3
E. Construction Phase
1. The Architect shall participate with Project Administrator in the
preconstruction conference with contractor.
2. During the progress of construction, the Architect shall perform services
including:
· Visit the site a minimum of twice weekly during construction. Architect
shall be familiar with the progress and quality of the work completed
and able to determine if the work is being performed in a manner that
will be in general conformance with the contract documents when
completed.
· Consult with the Project Administrator during the Construction Phase.
Instructions to the contractor shall be communicated by the Architect.
The Architect shall have authority to act on behalf of the Project
Administrator only to the extent provided in the Contract Documents
unless otherwise modified in writing by the Project Administrator.
· Interpretations of the requirements of the Contract Documents shall be
made by the Project Administrator with consultation and written
recommendation from the Architect.
· Provide to Project Administrator copies of all written communications
that the Architect provides to Contractor, at the same time such
communication is provided to Contractor.
· Verify general conformance with the contract documents, review,
approve or otherwise take appropriate action upon Contractor's
submittals, including field questions, shop drawings and submittals of
materials, equipment, tests and inspections. The Architect shall take
prompt action so as to cause no delay in the work.
· Prepare necessary documents for changes in the work including revision
drawings, cost estimates and reasons for change, and secure, analyze in
detail and recommend disposition of proposals fi.om Contractor. If
requested, the Architect shall attend Project Administrator meetings
convened for purpose of reviewing proposed changes in the work.
· Determine and certify the amount owing to Contractor, based on the
Architect's observations and evaluation of Contractor's Application for
Payment. The Architect's certification for payment shall constitute a
representation that the work has progressed to the point indicated and
that, to the best of the Architect's knowledge, information and belief,
the quantity and quality of the work is in general conformance with the
Contract Documents and that the Contractor is entitled to payment in the
mount requested.
· Review Contractor's progress schedules at least once per month for
conformance with the Construction Documents, and promptly notify the
Project Administrator and Contractor of deviations and noncompliance.
· Attend on-site Project progress meetings once per week. The Architect
shall require its sub consultants attend progress meetings as needed
Professional Services Agreement
Page 6 of 15
4/21/2003 ~Lc~
and/or requested by the Project Administrator. The Architect shall keep
project meeting minutes, and transmit copies to the Project
Administrator and Contractor as soon as possible but in no event later
than one day prior to the next weekly meeting.
· The Architect shall select finish materials and colors and prepare color
schedules for items included in the construction contract for the Project
Administrator's approval.
3. The Architect shall not be responsible for construction means, methods,
techniques, sequences or procedures, or for safety precautions, and
programs in connection with the work, and shall not be responsible for
Contractor's failure to carry out the work in accordance with the Contract
Documents.
4. The Architect shall at all times endeavor to discox~er and guard owner
against defects and deficiencies in the work of Contractor, but it is
understood that the Architect does not guarantee the performance of thb
Contractor. The Architect shall promptly advise the Project Administrator
of work which does not conform to the Contract Documents.
5. The Architect shall have authority to reject work which does not conform
to the Contract Documents. The Architect shall recommend to the Project
Administrator that the Contractor be directed to stop work when such
stoppage may, in the Architect's reasonable opinion, be necessary to
ensure the proper execution of the work.
F. Construction Completion Phase
1. The Architect shall conduct pre-final inspection and prepare check lists of
corrective items, make final inspections by all disciplines, including at
least one re-inspection, recommend the date or dates of final completion
and recommend acceptance of the Project to Project Administrator.
2. The Architect shall obtain, review, approve and deliver to the Project
Administrator, written guarantees, manuals and instructions fi.om
Contractor as required by the Construction Documents upon completion of
construction and prior to recommending acceptance of the Project to the
Project Administrator.
3. The Architect shall modify the original Construction Drawings to conform
to the project record drawings provided by Contractor which incorporates
all changes in the work, including utilities, made during construction and
addenda during bidding. The modified original Construction Drawings
and related electronic media shall be completed and submitted to the
Professional Services Agreement
Page 7 of 15
4/21/2003 1~
Project Administrator within two months of owner's acceptance of the
Project or as otherwise mutually agreed.
4. Upon the Project Administrator's request during the warranty period set
forth in the Construction Contract, the Architect shall assist Project
Administrator in identifying defects in the Project, determine corrective
measures, provide inspection of the Project and assist the Project
Administrator in implementing corrective measures.
G. Additional Services and Reimbursable Expenses
1. The City shall pay for the following Additional Services performed,
furnished, or incurred by the Architect. However, the City has no
obligation to pay Architect for Additional Services performed by Architect
prio.r to receipt of the Project Administrator's authorization for such
serrate. The City reserves the right to employ other means to accomplish
said services.
a. Revising drawings or specifications previously approved by the City
when such revisions are due to changes in project scope, program
changes, changes required by the enactment or revisions to codes,
laws, or regulations subsequent to the preparation of such documents,
or changes directed by the City that are not normally made as a part of
the Schematic or Design Development phases
b. Providing consulting services for City-supplied equipment, new or
used, to be incorporated into the Construction Contract, such as bunker
gear extractors and dryers, diesel exhaust collection equipment,
compressors, breathing air fill equipment, or the like.
c. Providing consulting services in connection with selecting and/or
procuring furniture, fixtures, and equipment (FF&E) outside of the
Construction Contract.
d. Providing consultation or contract administration for the replacement
of any work damaged by fire, accidental or natural causes during
construction, provided that such damage was not caused by the fault or
negligence of the Architect; providing professional services or
arranging for the work to proceed should the con,actor default in the
performance of the construction contract or become delinquent or
insolvent.
e. Providing services in connection with improvements and/or equipment
installation at either of Bremerton's other two fire stations.
Professional Services Agreement
Page 8 of 15
, /21/2003
f. Providing brochures, detailed architectural models, or additional
graphic presentations beyond the TWO graphic presentations agreed
to.
g. Providing services during the construction phase in connection with
unforeseen conditions or changes requested by the Project
Administrator.
h. Providing services during construction in connection with processing
more than 75 contractor-generated Requests for Information (RFI's),
exchiding any RFI's reasonably contributed to a~ error or omission of
the Architect.
i. In the event the construction period up to substantial completion
exceeds the time stipulated in the construction contract including
change order extensions by more than 10%, the Architect shall
continue administration of the construction contract and be entitlad'to
Additional Services compensation for the construction time extension
occurring through no fault or neglect of the Architect.
j. Providing services after issuance to the City of the Contractor's final
Certificate for Payment.
2. The City shall pay for the following reimbursable expenses incurred by
the Architect and/or their sub-consultants. The City will pay the Architect
an additional 7.5% of authorized reimbursable expenses as a handling fee.
a. Providing additional copies of drawings, specifications, studies,
reports, Contract Documents, correspondence, and/or papers received
or issued by the Architect as requested by the Project Administrator.
b. Providing printing and distribution of documents to the City at the
completion of each phase of service, including the construction
documents for bidding.
c. Out-of-pocket reprographic expenses when substantiated by third-
party invoices. No reimbursement shall be made for postage, handling,
telephone expenses, faxes, or copies of documents used by the
Architect to perform normal services and not provided to the City.
3. Fees for authorized Additional Services shall be mutually agreed to by the
City and the Architect prior to performing such services.
H Basis of Compensation
Professional Services Agreement
Page 9 of 15
4/21/2003
1. Maximum Allowable Construction Cost (MACC) Defined: The MACC for
this project is $2,760,000, and is the total sum allocated by the City for
construction of the project, not including Washington State Sales Tax,
Architect compensation, or other items in the City's project budget such as
contingencies, administrative costs, furniture or equipment purchased
outside the construction contract.
2. It is understood that the Architect's fixed fee has been established, in part,
by a pementage of the City's MACC ($2,760,000 x 7.81% = $215,556). If
at any time the City elects to increase the MACC by more than 10%, the
Architects fee shall be adjusted proportionately to the adjustment in the
MACC.
IV. Standard Terms and Conditions
1. Time and Delay. Time is of the essence in this Agreement. The Architect
agrees to punctually and diligently perform all parts of it's Services as
scheduled in Attachment A, which shall be subject to change by the City as
may be deemed necessary to the overall progress of the Project.
2. Monthly Invoices: Final Payment.
a. Payments shall be made no more often than once each calendar month
within thirty (30) days after the City's receipt of a monthly invoice for
fees and costs incurred during the preceding month; provided that: (i) all
services covered by the invoice have been fully and timely performed; (ii)
the Architect has furnished the City with copies of supporting
documentation for all costs covered by the invoice; and (iii) the Architect
is not in default under this Agreement.
b. Each payment made by the City to the Architect shall be deemed made to
the Architect in trust for the Architect's sub-contractors and consultants to
the extent such parties have not been paid for the services, supplies,
equipment or materials provided by such parties.
c. Should there be any claim, obligation or lien asserted before or after final
payment is made that arises fi.om the negligent performance of the
Architect's work, the Architect shall reimburse the City for any costs and
expenses, including attorney fees, costs and expenses, incurred by the City
in satisfying, discharging or defending against any such claim, obligation
or lien, including any action brought or judgment recovered. City shall
have the right to withhold from any payment, or otherwise be reimbursed
for, an mount sufficient to protect the City from any such claims.
3. Compliance with Laws; Governmental Agency Communications. The
Architect shall comply with all Federal, State and Local laws, rules,
Professional Services Agreement
Page 10 of 15
regulations and ordinances applicable to the services and the Architect's
performance thereof, which are in effect at the time the services are provided
and the requirements for environmental documents prepared under the State
Environmental Policy Act (SEPA).
4. Performance Standard. The Architect shall perform the services in a
professional, efficient and economical manner consistent with the City's
needs as set forth in the scope of work attached hereto, and consistent with
the level of care, skill, practice and judgment exercised by other
professionals performing services of a similar nature under similar
circumstances. The Architect represents and warrants to the City that all
persons who will be performing the services possess the requisite skill,
training and experience and hold all required licenses and permits to render
the services contemplated by this Agreement.
5. SafeW.
a. The Architect shall comply with all applicable Federal, State and/or Local
safety related laws and regulations, and shall comply with any such laws
and regulations, including but not limited to any OSHA, WISHA/Oregon
Department of Labor Health and Safety Rules/Regulations. The Architect
shall fully comply with the Hazard Communication Standard for the
Construction Industry, and any Federal, State or Local R/ght to Know
Legislation and shall transmit information to all parties concerning
chemical hazards requirements.
6. Amen~ The City may, without invalidating this Agreement,
fi.om time to time request changes in the scope of the services. If such
changes involve additional time and expense by the Architect, the Architect
shall, within five (5) days of receiving notice of the requested change,
submit its estimate to the City of the costs and additional time, if any,
necessary to perform such changes. The Architect shall commence any such
change order work only upon thc written receipt by the Architect of the
approval by the City to do so.
7. No Assignments or Delegation of Services.
a) This Agreement may not be assigned by operation of law or otherwise,
without the prior written consent of the City, which may be withheld at its
sole discretion.
b) The Architect shall assign the persons designated in Section E on the fn'st
page of this Agreement as its key personnel to perform the services on
behalf of the Architect. Such key personnel shall be replaced only with
the prior consent of the Project Administrator, which may be withheld in
its sole discretion. None of the services may be delegated or sub-
Professional Services Agreement
Page ll of 15
4/21/2003 t~7
contracted to an independent contractor without the prior written consent
of the City, which may be withheld at its sole discretion. The Architect
shall remain fully responsible for the manner and quality of all services
performed, including the performance of all consultants and sub-
consultants retained by the Architect.
8. Indemnity. To the fullest extent permitted by law, and to the extent the
Architect is negligent, the Architect shall indemnify, defend and hold
harmless, the City, its officers, agents, employees and representatives from
and against any and all claims, damages, losses and expenses, including, but
not limited to, reasonable attorney fees, which arise out of or result from
any negligent act or omission of the Architect, any consultants engaged by
the Architect and for anyone directly or indirectly employed by them. If the
claim results from the concurrent negligence of the ,City and the Architect,
the Architect's indemnification obligation shall be limited to the extent of
it's negligence; and (b) the Architect expressly waives any immunity that
may be granted it under the Washington State Industrial Insurance Act, '
RCW Title 51, to the extent necessary to provide the City with such full
indemrdty. The provisions of this Section shall survive termination of this
Agreement for any reason.
9. Insurance. Prior to the commencement of the Services, the Architect shall,
at its own expense, obtain the following insurance coverage, which coverage
shall remain in force during the term of this Agreement:
a) Commercial General Liability insurance, including blanket contractual
liability coverage, with limits of at least:
$2,000,000 General Aggregate (Other Than Products-Completed
Operations)
$2,000,000 Products- Completed Operations Aggregate Limit
$1,000,000 Personal and Advertising Injury Limit
$1,000,000 Per Occurrence Limit
$ 100,000 Fire Damage Limit (Any One Fire)
b) Professional Liability insurance, including errors and omissions, with
limits of liability equal to at least $1,000,000 each occurrence;
c) Automobile Liability insurance with limits of liability of not less that
$1,000,000 per occurrence combined single limit for bodily injury
property damage;
d) Employer's Liability or Stop Gap Liability insurance with limits of not
less than $1,000,000 each accident, $1,000,000 each employee-disease
and $1,000,000 policy limit-disease; and
Professional Services Agreement
Page 12 of 15
4/21/2003
e) Insurance in accordance with all applicable laws relating to workers'
compensation with respect to all of the Architect's employees, owners and
officers, regardless of whether such coverage or insurance is mandatory or
merely elective under the law.
f) Each policy of insurance shall be in a form satisfactory to the City with an
insurer having an A.M Best rating orB+ VI or better, and provide thirty
(30) days' advance notice to the City of non-renewal or material change.
Such policies shall not have deductibles that exceed $25,000 per
occurrence. Prior to the commencement of the services, the Architect
shall provide the City with written evidence of the required coverage in
the form of a certificate of insurance with additional insured endorsements
naming the City of Bremerton as additional insured attached or, upon the
Cityls request, a copy of the policy. The insurance certificate
reqmrements for the coverage required for workers' compensation will be
satisfied by a letter from the appropriate state agency confirming
participation in accordance with statutory requirements.
10. Architect's Default. If the Architect fails to prosecute the services promptly
or properly or breaches or fails to perform any obligation under this
Agreement, the City may give the Architect seven (7) days' written notice of
such matter. If such matter has not been corrected within such seven-day
period, the City may, without prejudice to any other fight or remedy it may
have, terminate this Agreement and correct any defective services and
charge the Architect for all costs, expenses, and impacts to the Project
arising from such defects, and deduct the same from sums otherwise due the
Architect.
11. Documents and Data.
a) The Architect agrees that all documents, drawings, reports, electronic
files, auto CADD version 12-14 or compatible or similar electronic
information, together with other information prepared or obtained by the
Architect in connection with the services including work in progress
(cumulatively "materials"), are the sole property of the City for use
exclusively by the City or its designated agents and employees and shall
be submitted to the City within three (3) working days after a written
request fi-om the City and, in any event, upon completion of the services
under this Agreement, prior to and as a condition of the final payment to
the Architect. City shall indemnify Architect from any claims or damages
arising from the City's subsequent use of the electronic version of said
materials.
12. ~ The Architect agrees that all documents, drawings, reports
and other data and information prepared or obtained by the Architect in
connection with the services are confidential and shall not be disclosed or
Professional Services Agreement
Page 13 of 15
4/21/2003 ~' I
made available to any individual or entity other than the City, its designated
agents or employees and any person who must know the information in
order for the Architect to complete the services except to the extent required
to be disclosed pursuant to the Public Records Act, chapter 42.17 RCW.
13. Royalties, Patents, Copwights and Trade Secrets.
a) The Architect shall not infringe on United States patent, copyright, trade
secret or other proprietary right for any material, product, or part of any
material or product (including, for example, software, hardware, service,
design or equipment0 used or furnished in connection with this
Agreement, and shall defend and indemnify the City from any suits or
claims for infringement of any such tights and shall hold the City harmless
fi'om any loss on account thereof.
14. Notices. All notices provided for herein may be transmitted by facsimile,
delivered or mailed. If mailed, such notice shall be considered delivered'
three (3) days after being deposited in such mail. The addresses to be used
in connection with such correspondence and notices are as set forth on the
first page of this Agreement, or such other address as a party shall from time
to time direct. Notices or correspondence to the City shall be sent to such
address marked for the attention of the City's Representative designated in
Section F on the ftrst page of this Agreement, or such other representative as
the City may hereafter designate fi'om time to time.
15. Suspension of Services; Termination. The City may, upon written notice,
direct the Architect to suspend all or a portion of the Services. In the event
of such suspension, the Architect shall be entitled to payment of.' (a) all fees
properly earned up to the effective date of suspension; and Co) all
reimbursable expenses actually and properly incurred up to such date, but
excluding any and all unearned overhead and profit. If the services are
suspended for a continuous period of more than sixty (60) days, and such
suspension is not due to the fault of the Architect, then the Architect shall
also be entitled to payment of unavoidable out-of-pocket expenses,
excluding any and all unearned overhead and profit, actually suffered as a
result of such suspension. The City also reserves the right to terminate this
Agreement for the convenience of the City at any time upon three (3) days
written notice to the Architect. If the City so terminates this Agreement, the
Architect shall be entitled to payment of: (a) all fees properly earned up to
the effective date of termination, and CO) all direct reimbursable expenses
actually and properly incurred up to such date, but excluding any and all
overhead and profit accruing after the date of termination.
16. ~ of Parties. The Architect is an independent contractor and not
an agent or employee of the City. Nothing contained in this Agreement shall
be deemed to create a relationship of employer-employee, master-servant,
Professional Services Agreement
Page 14 of 15
4/21/2003 ~-'~
partnership, joint venture or any other relationship between the City and the
Architect other than that of independent contractor. Neither party shall have
any authority to supervise the employees, representatives or sub-contractors
of the other party, nor to make any statements, representations or
commitments of any kind or take any actions which will be binding upon the
other party except as specifically provided in this agreement.
17. Entire Agreement. This Agreement constitutes the final and complete
agreement between the parties hereto with respect to the subject matter of
this Agreement, superceding all prior agreements or discussions with respect
thereto. No additions, deletions or modifications hereof shall become part of
this Agreement unless each party hereto specifically recognizes and consents
to their inclusion by a signed instrument.
18. Disputes
a) This Agreement shall be governed by the laws of the State of Washingtbn.
b) The Architect consents to consolidation and/orjoinder, in a single
proceeding, of all claims and disputes by or between the City, sub-
contractors, the Architect, the City's other consultants, or any other person
or entity involved with the Project, with a claim or dispute relating in any
manner to the Architect's services provided by it under this Agreement.
c) In any dispute involving the City and the Architect or otherwise arising
under or relating to this Agreement, each party shall be responsible for
their own attorney's fees and costs, together with any and all expert fees.
Professional Services Agreement
Page 15 of 15
4/21/2003
DATE SUBMITTED: 04/16/03 BILL # 03 ~ 0'73
AGENDA BILL
CITY OF BREMERTON 8~
CITY COUNCIL
SUBJECT: Interlocal Agreement with Committee Meeting Date: 04/22/03
Kitsap County for the operation of the City's COUNCIL MEETING Date: 04/30/03
Permitting System Department: Finance
Presenter: Bill Eley
Phone: 360-478-5293
SUMMARY: This agreement allows the City to use the Paladin Permitting System that is owned by
the County and resides on County hardware, operated by County staff The arrangement all ws the
City full use of the system including the current link to the County Assessor records and fut~ re links
to the County GIS at an annual cost of $20,000. The City will realize a significant saving in hardware
and software acquisition and maintenance costs.
ATTACHMENTS: Interlocal Agreement
FISCAL IMPACTS (Include Budgeted Amount): The anticipated proration of the $20,00C annual
fee is included in the Information Services 2003 budget.
APPROVALS:
CITY AT
MAYOR'
o. TiO S.
~CO~ED MOTION: Move to approve ~e Interlocal Agreement ~th Kitsap Cour for the
operation of the City Permi~ing System and authorize the Mayor to execute same.
AGE] ~A STATUS:
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action Conse't []
New I ~siness []
Old B siness []
Ordi~ ~ce []
Resoh ion []
Public tearing []
Infom trion []
Studyession []
5q
INTERLOCAL AGREEMENT FOR
PERMITTING APPLICATION COMPUTING
This Interlocal Agreement for Permitting Application Computing ("this Agreement") is entered
into between Kitsap County ("the County"), a municipal corporation, and the City of Bremerton
("the City"), a municipal corporation, pursuant to Chapter 39.34 RCW, as of April 1, 2003.
RECITALS
WHEREAS, in 2000 the County entered into a Contract for Services with Paladin Data Systems
Corporation ("Paladin") under which Paladin developed a land information software system to
facilitate electronic record storage, access and management of permitting and land parcel
information ("the Permitting Application"); and
WHEREAS, in 2002 the County entered into a Software Distribution Contract with Paladin
specifying the County and Paladin's respective rights in the Permitting Application and which
granted to the County the exclusive right to license the Permitting Application to governmental
entities within Kitsap County, including cities; and
WHEREAS, one or more cities within Kitsap County now wish to obtain a software license
from the County to use the Permitting Application, to obtain access to the County's computer
systems for that purpose, and to obtain related services from the County; and
WHEREAS, the County and the City find that entering into this Agreement is in their mutual
interest, will enable them to make the most efficient use of their powers, and will further the
health and welfare of the citizens within their respective jurisdictions; and
WHEREAS, the County and the City find that this Agreement is authorized by the Interlocal
Cooperation Act, Chapter 39.34 RCW;
NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS:
AGREEMENT
ARTICLE I - PURPOSE
The purpose of this Agreement is to provide for a soi~ware license and related services by the
County to the City in order for the City to be able to use the Permitting Application in
accordance with the terms and conditions contained herein.
ARTICLE II -LICENSE AND SERVICES
Section 2.1. License and Services. The County grants to the City a non-transferable, non-
exclusive license to use the Permitting Application as described in Exhibit A - License and
Services. The County will also provide to the City the services described in Exhibit A.
55'
Section 2.2. Desktop Hardware/Software Requirements The City agrees to obtain and maintain
in good working order the land information system hardware and software components identified
in Exhibit B - Desktop Hardware/Software Requirements.
Section 2.3. Compliance with Requirements; Restrictions. The City agrees to access and use the
Permitting Application and any related applications in strict accordance with the requirements,
policies, procedures and practices as the County may from time to time establish or impose. In
addition, the City may not: (a) reverse engineer, decompile or disassemble the Permitting
Application or any related applications; (b) modify, or create derivative works from, the
Permitting Application or any related applications; or (c) copy or distribute the Permitting
Application or any related applications, except as may be expressly provided for in this
Agreement.
Section 2.4. Assignment. The rights conferred to the City under this Agreement may be
exercised only by the City. The City is strictly prohibited from assigning or sublicensing any its
rights under this Agreement without the express prior written consent of the County, which may
be withheld in the County's sole discretion.
Section 2.5. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY. THE
PERMITTING APPLICATION AND ALL RELATED APPLICATIONS AND SERVICES
UNDER THIS AGREEMENT ARE PROVIDED "AS IS," WITHOUT ANY WARRANTIES,
EXPRESS OR IMPLIED, OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY
WARRANTY OF DESIGN, NONINFRINGEMENT, TITLE, MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. THE CITY EXPRESSLY AGREES THAT IN
NO EVENT WILL THE COUNTY BE LIABLE FOR ANY LOSS-OF-PROFIT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE
CITY'S USE OF THE PERMITTING APPLICATION OR ANY RELATED APPLICATION
OR SERVICE, EVEN IF THE COUNTY HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. ANY LIABILITY OF THE COUNTY SHALL BE LIMITED TO THE
AMOUNT OF FEES ACTUALLY PAID UNDER THIS AGREEMENT, WHETHER THE
LIABILITY ARISES 1N CONTRACT, TORT OR OTHERWISE.
ARTICLE HI - FEES
The City agrees to pay the County the annual fee described in Exhibit C - Annual Fee. The City
will pay the fee within 30 days of billing by the County.
ARTICLE IV - GOVERNANCE
Section 4.1. Administration. This Agreement will be jointly administered by the information
services managers of the County and the City. This Agreement does not create any separate
legal or administrative entity.
Section 4.2. Financing: Budget. This Agreement does not contemplate joint financing of the
activities within its scope, nor does it contemplate a joint budget.
2
Section 4.3. Property Acquisition and Disposition This Agreement does not contemplate the
joint acquisition of property by the parties. At termination, each party will remain the sole owner
of its own property. Any property acquired by the County in connection with this Agreement
will be, and remain, solely owned by the County, even if the property is acquired by the County
using payments made by the City under this Agreement.
ARTICLE V - TERM; TERMINATION
Section 5.1. Term. This Agreement will continue in effect until terminated as provided in
Section 5.2.
Section 5.2. Termination. Either party may terminate this Agreement, with or without cause, by
providing the other party with at least 180-days' advance written notice.
Section 5.3. Continued Use. In the event this Agreement is terminated because the County
discontinues using the Permitting Application, the parties agree to negotiate in good faith to
reach a new agreement on mutually acceptable terms and conditions allowing the City to
continue to use the Permitting Application on its own computer systems.
ARTICLE VI - MISCELLANEOUS
Section 6.1. Notices. Notice by one party to the other party must be in writing and addressed as
follows:
To County:
Kitsap County Information Services and Purchasing Division
614 Division Street, MS-21
Port Orchard, WA 98366
Attention: Morrie Black-Eagle, IS Manager/CTO
To City:
Attention: ~, I.I. _U~:.(~i i_~_~
Either party may change its address for notices by providing written notice to the other party.
Section 6.2. Governing Law; Jurisdiction; Venue. This Agreement will be governed by the laws
of the State of Washington and any legal proceeding arising under it may be brought only in the
courts of Kitsap County, Washington.
Section 6.3. Amendment. This Agreement may be amended or modified only upon the written
agreement of the parties executed with the same formalities as this Agreement.
57 3
Section 6.4. Filing. This Agreement will be filed with the Kitsap County Auditor prior to entry
into force, in accordance with RCW 39.34.040.
4
IN WITNESS WHEREOF, the parties have caused their duly authorized representatives to
execute this Agreement as of the date first set forth above.
CITY:
By
Printed Name
Its
COUNTY:
Kitsap County Board of Commissioners
Jan Angel, Chair
Chris Endresen, Commissioner
Patty Lent, Commissioner
ATTEST:
Holly Anderson, Clerk of the Board
EXHIBIT A - LICENSE AND SERVICES
I. LICENSE
The City is authorized to use the Permitting Application by accessing the County's computer
systems in accordance with the terms and conditions contained in this Agreement.
H. SERVICES
The County will provide the £ollowing services to the City:
Installation:
· County IP Addresses for the Land [n£ormation System ("LIS") clients
· Installation o£the £ollowing software (specific versions are required):
--Virtual Network Computing Software (remote desktop control)
--JInitiator (1ava Runtime Environment)
--Adobe Acrobat Reader version 5.05
--Internet Explorer 5.0 or greater
--LIS icon with LIS URL
--Print Lite (for LIS printing from Windows XP)
--Discoverer (for ad hoc query, reporting and analysis)
On-going Support:
· Support for products needed to access LIS
· Access to the Technical Services Help Desk:
--360.337.5555 option 1 offthe voice mailbox system
4 hour response time to problems related to the LIS application - staffed
Monday through Friday 8:00AM to 4:30PM
· Maintenance including hardware and operating systems of Sun Solaris servers and
SunBlade workstations for support of the LIS application.
· Maintenance of the 3~ party software tools
-- Oracle's database
-- Oracle's Internet Application Server
· Oracle database support
-- Database security and access control
-- Database performance monitoring and tuning
-- Data Integrity
· County Network support related to the LIS application
~County supports the network to the host router located at the County
--City of Bremerton and County share support of the network between the host and
remote router
--City of Bremerton supports the network beyond the remote router
· Travel time to and from City's information services office ifa technician is dispatched
for service call
(aO 6
EXHIBIT B - DESKTOP HARDWARE/SOFTWARE REQUIREMENTS
The City will maintain the following to enable it to use the Permitting Application via the
County's computer systems:
· Pemium III-400
· 256 MB RAM
· 266 MB of free disk space
· Windows NT, 2000 or XP Professional
EXHIBIT C - ANNUAL FEE
The City will pay an annual fee based on its number of users of the system:
1-5 users: $7,500 per year
6-10 users: $15,000 per year
11 or more users: $20,000 per year
The fee will be billed in advance in January of each year and will be considered fully earned as
of January 1. The first year's fee will be billed upon commencement of service and will be
prorated based on the number of months of use for that year. No refund will be made in the
event the City's actual number of users falls below the user categoE/it has selected, nor will any
refund be made if the City elects to terminate this Agreement prior to the end of a calendar year.
DATE SUBMITTED: 04/16/03 BILL #
AGENDABILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: PSA with Interlocking Software Committee Meeting Date: 04/22/03
for Develop Tax/Licensing Module & COLrNCIL MEETING Date: 04/30/03
Modifications to the Permitting System Department: Finance
Presenter: Bill Eley
Phone: 360-478-5293
SUMMARY: Kitsap County contracted with Paladin Data Systems to provide a County Permitting
System. Interlocking Software, the contracting arm of Paladin Data Systems have offered to allow the
City to use their software, essentially for free. The only charges would be for the modifications
needed to adapt the County system to meet the City's permitting needs, the addition of the Tax &
License module and the cost to convert data from our legacy systems into the new application. The
use of the Paladin software would allow us to standardize our permitting processes currently
performed by Community Development, Public Works and the Fire Department and would allow a
direct interface with the County Assessor records and ultimately the County GIS. The total contract
amount is $81,760 with Interlocking Systems.
ATTACIIMENTS: Statements of Work
Professional Service Agreement Terms and Conditions
Migration Estimate
FISCAL IMPACTS (Include Budgeted Amount): Development costs of $55,300 will be funded by
repriodtizing projects in the Information Services 2003 Budget. Migration costs of $26,460 will be
split between relevant departments based on the costs to migrate their specific data.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
MAYOR:
OPERATIONS:
counciL P S OENT:
RECOMMENDED MOTION: To approve the Professional Services Agreement with Interlocking
Software in the amount of $81,760 and authorize the Mayor to execute same.
AGENDA STATUS:
COUNCIL ACTION: [] Approve [] Deny [] Postpone [] No Action ! Consent []
New Business []
Old Business []
Ordinance []
Resolution []
Public Hearing []
Information []
~ ~ Study Session []
InterLocking
STATEMENT OF WORK Date: 1-uar-o3
Interlocking Software Corporation (ILSC)
19472 Powder Hill Place NE Suite #100 Quotation: 10301
Poulsbo, WA 98370-8720
Tel: 360-394-5900 1-800-532-8448
FAX: 360-779-2600
To: City of Bremerton
239 4th St Telephone: 360478-5293
Bremerton, WA 98337 FAX: 360-478-5200
Estimated by: Jim Page
Contact: Bill Eley Required Date 1-Mar-03
Work to Be Performed
Installation, deployment and training services related to bringing the City of Bremerton on as a user
Df Kitsap County's Permit and Licensing System.
Installation, deployment and training
services associated with above
described work $36,500.00
No reimbursement for Incidental expenses
Please sign on the acceptance line below to authorize work.
Thank you Total estimate cost: $36,500.00
This "Statement of Work" (SO W) is a cost estimate based on time and materials work.
This SOW is valid for 30 calendar days from the issue date.
The ILSC "Professional Service Agreement (PSA) is incorporated as part of this statement of work
Billing occurs monthly. Tertns are Net $0. Late payment are subject to a 1.5% finance charge
Accepted and Signed (Client) Date
Accepted and Signed (ILSC) Date
1
InterLocking Software Corporation Professional Services Agreement
Associated to InterLocking Statement of Work #010303
1. Services
Interlocking Software Corporation (Interlocking or ILSC) will provide to the City of Bremerton (Client) the
Service specified on a standard ILSC Work Order, ILSC Proposal or Client Purchase Order, under the
terms of this Agreement. Each Work Order, Proposal or Purchase Order shall specify the Services and
applicable fees, and will be governed by the terms of this Agreement. To the extent that the terms and
conditions of any ILSC Work Order, Proposal (or any customer purchase order) entered into between the
parties conflict with or are inconsistent with the terms and conditions of the Agreement, the ten~s and
conditions of this Agreement shall control.
2. Fees for Services and Termination
Unless otherwise specified in the applicable Work Order, Proposal or Purchase Order, Services shall be
provided to Client on a time and material basis ("T & M"). Rates must be specified on the attached Rate
Structure or on a standard Work Order or Proposal. If a dollar limit is stated in the applicable Work Order,
Proposal or Purchase Order, the limit shall be deemed an estimate for Client's budgeting and ILSC's
resource scheduling purposes; after the limit is expended, 1LSC will continue to provide the Services on a T
& M basis if a Work Order, Proposal or Purchase Order for continuation of the Services is signed by the
parties. Unless otherwise stated in a Work Order or Proposal, any T & M Work Order or Proposal may be
terminated by providing to ILSC 14 days written notice of such termination.
3. Incidental Expenses
Unless otherwise stated in the Work Order, Client shall reimburse ILSC for reasonable travel,
communications, and out-of-pocket expenses incurred in conjunction with the services.
4. Invoicing and Payment
ILSC shall invoice Client monthly, unless otherwise expressly specified in a Work Order or Purchase
Order. Charges shall be payable within 30 days of invoice date and shall be deemed overdue if they remain
unpaid thereafter. All overdue invoices are subject to an interest charge of 1.5% per month.
5. Taxes
The charges do not include taxes. If ILSC is required to pay any federal, state, or local taxes based on the
Services provided under this Agreement, the taxes shall be billed and paid by Client; this shall not apply to
taxes based on ILSC income.
6. Term
This agreement shall commence on its Effective Date. The agreement will in effect until the work as
specified in the Statement of Work is completed but in any event this agreement will end 180 days from the
Effective Date unless otherwise agreed to in writing by the parties. Any Work Order outstanding at the
time of termination shall continue to be covered by this Agreement as if it had not been terminated.
7. Warranty
ILSC warrants that the Services will be performed consistent with generally accepted industry standards.
8. Limitations on Warranty
CLIENT MUST REPORT ANY DEFICIENCIES IN THE SERVICES TO ILSC fin WRITING WITHIN
NINETY (90) DAYS OF COMPLETION OF THE SERVICES IN ORDER TO RECEIVE WARRANTY
REMJ]DIES. THE WARRANTY HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER
WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR pLrRPOSE AS SET FORTH IN
PARAGRAPH 9 OF THIS AGREEMENT.
9. Exclusive Remedy
For any breach of the above warranty, Client's exclusive remedy, and ILSC's entire liability, shall be the
reperformance of the Services. If ILSC is unable to reperform the Services as warranted, Client shall be
entitled to recover the fees paid to ILSC for the deficient services. IN NO EVENT SHALL ILSC BE
LIABLE FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM ANY
SERVICES PROVIDED HEREUNDER, INCLUDING BUT NOT LIMITED TO CLAIMS FOR LOST
PROFITS OR OTHER ECONOMIC DAMAGES.
10. Relationship between the Parties
ILSC is an independent contractor; nothing in this Agreement shall be construed to create a partnership,
joint venture, or agency relationship between the parties. Each party will be solely responsible for payment
of all compensations owed to its employees, as well as employment related taxes. Each party will maintain
appropriate worker's compensation for its employees, as well as employment related taxes. Each party will
maintain appropriate worker's compensation for its employees as well as general insurance.
2
Initials: ILSC Client
InterLocking Software Corporation Professional Services Agreement
11. Authority to Enter Into Agreement
Each party to this Agreement has the authority to enter into and form this Agreement. The individuals
signing the Agreement have the authority to act as agents of their respective organizations. Each party
acknowledges that they have read this Agreement and will abide by it.
12. Force Majeure
Neither party will be considered to be in default of this Agreement as a result of events beyond their
reasonable control. For purposes of this Agreement, such acts shall include, but are not limited to, acts of
God, catastrophe, or other "force majeure" events beyond the parties' reasonable con
13. Assignment of Contract
The Client may not assign the Agreement or its responsibility for payments to any organization, without
written approval by ILSC. 1LSC may not assign its responsibilities for performance under the Agreement
to any organization without written approval of the client.
14. Hold Harmless Indemnity
If applicable, Client asserts it possesses all the rights and interests in the data and/or licensed software
necessary to enter into this agreement, and shall indemnify and hold 1LSC, its agents and employees
harmless from any loss, damage or liability for infringement of any United States patent right or copyright
with respect to the use of the licensed software; provided that Client is notified in writing within ten
calendar days of suit or claim against ILSC, the ILSC permits Client to defend, compromise or settle said
claim of infringement and give Client all available information, assistance and authority to enable Client to
do so, provided ILSC fully observes all the terms and conditions of this Agreement.
15. Confidentiality and Non-Disclosure
Except as legally required, the parties agree that neither party shall directly or indirectly disclose or use any
Confidential Information without prior written permission from the other party. "Confidential Information"
means any type of confidential or proprietary information or material disclosed to or known by the
Recipient of such information ("Recipient") as a consequence of or through its relationship with the party
disclosing such information, and consisting of information conceived, originated, discovered, or developed
in whole or in part by Recipient, which is not part of the public domain or otherwise generally available to
the Recipient form independent sources, including but not limited to information which relates to research,
development, trade secrets, know-how, inventions, technical data, hardware, software, source codes, object
codes, manufacture, purchasing, accounting, engineering, marketing, merchandising and selling, business
labs or strategies, and information entrusted by third parties to the party disclosing such information.
16. Nonsolicitation of Employees
During the period that this Agreement is in effect and for a period of six (6) months after termination or
expiration thereof, each party agrees not to solicit for employment any technical or professional employees
of the other party assigned to work on the Project without the prior written approval of the other party.
17. Insurance and Risk of Loss
The Client bears all responsibility for damages to their equipment and facilities.
18. Survival of Rights
The rights and responsibilities of sections 14, 15, and 16 shall survive the termination of this Agreement.
19. Severability
All provisions of the Agreement are severable and no provision hereof shall be affected by the invalidity of
any other such provision.
20. Governing Law; Attorney's Fees; Venue
This Agreement shall be governed by and construed in accordance with the laws of the state of
Washington. In the event of a dispute over this Agreement, the prevailing party shall recover its reasonable
attorney's fees and costs from the breaching party. Venue shall be in Kitsap County, Washington.
21. Entire Agreement
This agreement constitutes the complete agreement between the parties and supersedes all previous and
contemporaneous agreements, proposals, or representations, written or oral. Concerning the subject matter
of this Agreement. Neither this Agreement nor a Work Order or Purchase Order may be modified or
amended except in writing signed by a duly authorized representative of each party: no other act,
document, usage, or custom shall be deemed to amend or modify this Agreement, a Work Order, or
Purchase Order. It is expressly agreed that any terms and conditions of Client's purchase order shall be
superseded by the terms and conditions of this Agreement and the applicable Work Order
3
Initials: 1LSC Client
Migration Estimate
Overview
Paladin Data Systems is currently teaming with the City or Bremerton and Kitsap County to convert selected
business processes at Bremerton to the County's LIS Permitting System. At the completion of this project,
Bremerton staff will have the ability to process permit applications using the same software application currently
available to Kitsap County staff. In addition, the Bremerton City Clerk will have the ability to process business and
occupation taxes through the same system. Additional functionality will be developed to accommodate the latter
requirement.
Currently, Bremerton processes permit infon~ation using a DOS-based Sierra Permit system. This system has
been in use since 1995 and contains approximately 30,000 permits. Business and occupation taxes are tracked
through a software application developed by Pentamation. This database contains approximately 11,000
businesses with nearly 500,000 license fee transactions. It will be necessa~j to migrate data from both of these
systems to the County permitting system before the application goes into production.
The City of Bremerton has issued a statement of work to Paladin Data Systems to review the data structures for
both systems described above, and provide an estimate for migrating data from these systems to the LIS
Permitting System. This document is the result of that analysis.
Pentamation Business and License Data
The following describes the files that make up the Pentamation Business and License System. The table
indicates if the data in the file will be transferred to the new system and what LIS tables will be populated in the
migration.
File Name Description Migrated Tables
Populated
BUSINESS This is the master file for YES PERMIT_APPLICATIONS
businesses tracked by the PERMIT_A'I-FRIBUTES
application. The file contains PERMIT_CONTACTS
information that describes the CONTACTS
business.
RATES This file contains all service YES FEE_CODES
codes used within application. FEE COMPONENTS
SERVE i This is the intersection file YES SERVICE_CODE_TEMPLATES
between BUSINESS and
RATES. It is used to indicate
what service codes apply to
each business
OVVNER This file has a one-to-one YES PERMIT_CONTACTS
relationship with BUSINESS. It CONTACTS
is used to store the owner
address for the business
HISTORY This file contains information YES FEES
about a receipt of payment. TRANSACTIONS
Information in the file contains RECEIPT BATCHES
service cede, invoice number, RECEIPT~
and the batch number under
which the payment receipt was
3osted.
INVOICE This file stores ~nvoice entries ! YES FEES
for each billing. This file, along TRANSACTIONS
with the SALES file contains all RECEIPT_BATCHES
Migration Estimate.doc 1
Created on 4/'~5/0310:02 AM ~,,,'~/~; ] .,.\ ~"l~,~' Revised 04/15/03 10:02 AM
Migration Estimate
tax entdes and payment RECEIPTS
recei@ts for a business.
SALES The SALES file has a one-to- YES FEES
one relationship with the TRANSACTIONS
INVOICE table. This file RECEIPT BATCHES
contains payment infom3ation RECEIPT,~
for each billing cycle.
MESSAGES This file is designed to maintain NO No applicable.
standard messages used
throughout the system.' There
is currently only one record in
the file.
INSPECTIONS This file was developed NO Not applicable.
Bremerton IT staff for special
projects. No migration is
necessary.
PROGRAMS This file is used to establish the NO Not applicable.
programs that can be accessed
by application users. It's
purpose to manage the secudty
of the application. This
functionality will be replaced by
similar mechanisms in LIS.
PENALTY The ~e is used to store NO Not applicable.
program constants used
throughout the application.
Although the data stored in this
table will not be migrated
programmatically, the values
contained here may be
manually established in the LIS
GLOBAL VALUES table.
DRECEIPT User for batch mode NO Not applicable.
)rocessing. There are currently
no records in this file.
PAYACT Payment Actions File. This file NO Not applicable.
~s used to provide an audit trail
for payment transactions. The
data in this table has not been
kept up-to-date and therefore
not a candidate for migration.
ADJACT Adjustment Actions File. This NO Not applicable.
file is used to provide an audit
trail for adjustment transactions.
The data in this table has not
been kept up-to-date and
therefore not a candidate for
migration.
PROFILE This file contains miscellaneous NO Not applicable.
system parameters. It will not
be necessary to migrate this
information.
Migration Estimate. doc 2
Created on 4/15/0310:02 AM ~ 2~,~ ~ ...'~ [~a~,. Revised 04/15/03 10:02 AM
Migration Estimate
The following table indicates the number of records currently stored in the application tables to be migrated:
File Name Number of
Records
BUSINESS 11131
RATES 70
SERVE 51450
OWNER 11133
HISTORY 852435
INVOICE 551951
SALES 492920
Sierra Permit Data
The data provided by Bremedon staff for analysis consists of two variable-length, comma-delimited ASCII files.
The first is the pemlit master file. This file contains all identifying keys, activity descriptions, contact information,
and site information. (NOTE: Bremerton uses tracks public complaints as permits in the Sierra system.
These "permits" are identified with a permit type of"CODE". The specific fields included in this file are
included in the following table:
Permit Master File
Field ,'~&,,~e Type Destination US table
Filler CHAR Not migrated
Permit Number CHAR PERMIT APPLICATIONS
Version CHAR Not migrated
Application Type CHAR PERMIT APPLICATIONS
Unidentified at this time NUMBER Not mapped at this time
Permit Status CHAR PERMIT APPLICATIONS
Active/Inactive CHAR PERMIT APPLICATIONS
Permit Type CHAR PERMIT APPLICATIONS
Filler CHAR Not migrated
Initialize Date DATE PERMIT APPLICATIONS
Applied Date DATE PERMIT APPLICATIONS
Approved Date DATE PERMIT APPLICATIONS
Finaled Date DATE PERMIT .APPL CATIONS
Expire Date DATE PERMIT APPLICATIONS
Permit Sub-Type CHAR PERMIT ATI'RIBUTES
Unidentified at this time NUMBER Not mapped at this time
Unidentified st this time NUMBER Not mapped at this time
Unidentified at this time NUMBER Not mapped st this time
Unidentified at this time CHAR Not mapped at this time
Zoning CHAR REMARKS (Will come from LIS/ATS)
Filler CHAR Not migrated
Unidentified at this time CHAR Not mapped at this time
Proiect Description #1 CHAR PERMIT APPLICATIONS/REMARKS
Project Description #2 CHAR REMARKS
Project Description #3 CHAR REMARKS
Unidentified at this time NUMBER Not mapped at this time
Unidentified at this time NUMBER Not mapped at this time
Unidentified st this time NUMBER Not mapped at this time
Unidentified at this time NUMBER Not mapped at this time
Migration Estimate.doc 3
Created on 4/15/0310:02 AM ~. ~[.....~, ] ~, ["~, Revised 04/15/03 10:02AM
Migration Estimate
Unidentified at this time NUMBER Not mapped at this time
Unidentified at this time NUMBER Not mapped at this time
Applicant Name CHAR CONTACTS
Street Address CHAR PERMIT APPLICATIONS/CONTACTS
City/State CHAR PERMIT APPLICATIONS/CONTACTS
Address Overflow CHAR Not migrated
Zip Code CHAR PERMIT_APPLICATIONS/CONTACTS
Applicant Phone Number CHAR CONTACTS
Owner Name CHAR CONTACTS
Street Address CHAR CONTACTS
City/State CHAR CONTACTS
Address Overflow CHAR CONTACTS
Zip Code CHAR CONTACTS
Owner Phone Number CHAR CONTACTS
Contractor Name CHAR CONTRACTORS
Contractor License CHAR CONTRACTOR LICENSES
Contractor Type CHAR CONTRACTOR~
Street Address CHAR CONTRACTORS
City/State CHAR CONTRACTORS
Address Overflow CHAR CONTRACTORS
Zip Code CHAR CONTRACTORS
Contractor Phone CHAR CONTRACTORS
Unidentified at this time DATE Not mapped at this time
Filler CHAR Not migrated
Unidentified at this time (site address?) CHAR Not mapped at this time
Unidentified at this time (directional?) CHAR Not mapped at this time
Unidentified at this time NUMBER Not mapped at this time
Filler CHAR Not migrated
Filler CHAR Not migrated
Filler CHAR Not rnigreted
Filler CHAR Not migrated
Tax Account Number (Parcel Number) CHAR RP_ACCTS/APPLICATION_PARCELS
The second file contains inspection information for all permits and code enforcement cases (public complaints).
The following table describes the fields contained in this file:
Inspections Details File
Field Name Type Destination LIS table
Permit Number CHAR PERMIT APPLICATIONS
Version CHAR Not migrated
Application Type CHAR PERMIT_APPLICATIONS
Permit Status CHAR PERMIT_APPLICATIONS
Initialize Date DATE PERMIT_APPLICATIONS
Applied Date DATE PERMIT. APPLICATIONS
Approved Date DATE PERMIT_APPLICATIONS
Finaled Date DATE PERMIT_APPLICATIONS
Expire Date DATE PERMIT APPLICATIONS
Permit Type CHAR PERMIT APPLICATIONS
Permit Sub-Type CHAR PERMIT ATTRIBUTES
Unidentified at this time NUMBER Not mapped at this time
Inspection Type NUMBER INSPECTIONS
Inspection Name CHAR INSPECTION TYPES
Migration Estimate. doc 4
Created on 4/15/0310:02 AM , ~ ~ ] ...\ ~-~/m~'~ Revised 04/15/03 10:02 AM
70
Migration Estimate
Inspected By CHAR INSPECTIONS
Inspected By CHAR INSPECTIONS
Inspection Date DATE INSPECTIONS
Inspection Date DATE INSPECTIONS
Inspection Status Code CHAR INSPECTIONS
Inspection Remarks CHAR INSPECTIONS (h~,ne~ion Text)
Unidentified at this time NUMBER Not mapped at this time
Right of Way Data
Right of Way permits am currently tracked in a single data file. The record format and size of this file has not yet
been identified. As such, the estimate of effort for this migration will be based on some general assumptions and
experience from similar migrations. When additional information becomes available, this estimate will be further
refined.
Tools and Methods
On final mapping of the Pentamation files to LIS Permitting tables, the data will be transferred via variable length,
delimited ASCII files to the LIS Staging Database platform. From this server, the data will be loaded to temporary
tables using the Oracle SQL*Loader utility. PI/SQL scripts will then be written to load the migrated data into the
LIS Permitting Database. The scripts will be written to in such a manner as to provide a log of any errors
encountered during the migration load. These errors will be provided to Bremerton staff for review and resolution.
Once the migration has been completed and validated on the staging platform, the process will be repeated just
before the application is put into production. At the completion of both migrations, a report providing statistics of
the migration will be provided to Bremerton staff for their review.
Guidelines and Assumptions
The following assumptions were made when reviewing migration requirements and estimated the level of effort:
· The estimate of effort does not account for the re-mapping of scripts for fee and date calculations. Time
has been allotted in the project plan for this effort, however, if this level of effort exceeds this time
allo{ment, it will be necessary to rs-evaluate this issue.
· Paladin will map all required data items to existing structures in the Permitting & Licensing database.
Where no Permitting & Licensing items exist for the required data item, a new item will created in the
PERMIT_ATDRIBUTES (dynamic attributes) table. Although some new structures will be created to
accommodate the new business and license functionality, no other data structures will be created.
· It will be necessary to map all application types and permit types together. Permitting & Licensing
supports only a single permit type. Sub-types will be mapped to the PERMIT_A'I-I'RIBIJTES table.
· The estimate of effort is based on the data provided by Brsmerton staff and described above, if
additional data sources are identified at a later time, it will be necessary to adjust this estimate.
· Additional mapping will be required before scripts are developed for the migration. This effort has been
accounted for in the estimate of effort.
* Minimal information is available for Right of Way permits at this time. When further information is made
available, the estimate of effort may be refined.
Migration Eotlm~[e.doc 5
Created on 4/15/0310:02 AM - ~-.~ ~ .,.~ [~)~]~, Revised 04/15/03 10:02 AM
Migration Estimate
Estimate of Effort
The following table provides a breakdown of the steps to be completed in migrating data from both the
Pentamation Business and License system and the Sierra Permitting System to the LIS Peffnitting System. The
table includes an estimate of the level of effort required to complete these steps.
Step Hours Rate Amount
Map Permit Types and Lookup Lists 40 $135.00 $5,400
Map Pentamation Data to LIS table structure 30 $135.00 $4,050
Map Sierra Data to LIS table structure 38 $135.00 $5,130
Map Right of Way Data to LIS table structure 4 $135.00 $540
Develop SQL*Loader scripts to load data into Oracle 4 $135.00 $540
Develop PL/SQL scdpts to load data into LIS Permitting 40 $135.00 $5,400
Migrate data to LIS Permitting Staging Database 16 $135.00 $2,160
Generate Report on Migration Statistics 4 $135.00 $540
Migrate data to LIS Permitting Production Database 16 $135.00 $2,160
Generate Repe[t on Migration Statistics 4 $135.00 $540
Totals 196 $26,460
Migration Estimate.doc 6
Created on 4/15/0310:02 AM ~ .~.~7~I~ ! ..\ ~--~r,~,. Revised 04/15/03 10:02 AM
AGENDA BILL
BREMERTON CITY COUNCIL 9.3 $ 0
1. SUBJECT: FOR AGENDA: Aprila:)-and April ~6', 2003
PUBLIC HEARING ON ORDINANCE REPEALING ORIGINATING DEPT: City Attorney's Office
AND REPLACING CH. 21.06 BMC RELATING TO ORIGINATOR: Roger A. Lubovich
COMPREHENSIVE PLANS DATE SUBMITTED: Mamh 17, 2003
2. S: ~ backifnecessary) 3. EXHIBITS:
CHRIS ? Development PROPOSED ORDINANCE
mI~~_~ _- CHAIRMAN COUNCIL PRESIDENT
OPE'R~'TIONS CHAIRMAN
O SEMES
MAYOR ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The current provisions of Chapter 21.06 BMC do not provide adequate procedures for comprehensive plan
amendments. The proposed ordinance provides updated procedures for amending the City of Bremerton
Comprehensive Plan.
5. RECOMMENDATION:
Move to pass Ordinance No. qtl~5,,q~ on second reading.
6. RESPONSIBLE OFFICIAL: Director of
Community Development
ENFORCEMENT OFFICIAL: Director of
Community Development
EXPIRATION DATE: n/a
REVIEW DATE: n/a
7. NOTICE OF ACTION:
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
8. AGENDABILLNO.: 0 3-'~ 0(-,.93
9. IMPACT OF NON-PASSAGE:
10. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
11. RESEARCH SOURCES:
PROPOSED SUBSTITUTE
ORDINANCE NO.
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, repealing and replacing Chapter 21.06 of
the Bremerton Municipal Code entitled Comprehensive Plans to
provide for updated procedures for amending the City of
Bremerton Comprehensive Plan.
WHEREAS, the current provisions of Chapter 21.06 of the Bremerton Municipal
Code relating to comprehensive plans do not provide adequate procedures for
comprehensive plan amendments; and
WHEREAS, the Washington State Growth Management Act (GMA), RCW
36.70A, specifies that amendments to a comprehensive plan cannot be made more
frequently than once per year to 1) give the plan stability over time, avoiding spontaneous
changes in response to development pressures, and 2) group all proposed amendments in
a common process for consideration, providing the opportunity to examine their
collective effects on the plan; and
WHEREAS, all amendment proposals must be considered concurrently in order
to evaluate for their cumulative effect. Also, the amendment period should be timed to
coordinate with budget deliberations; and
WHEREAS, the proposed new amendment process is designed to be fair and
equitable to all applicants, provide predictability for both the process and the review
criteria, and streamline the review and decision process related to rezones, provide
consistency between the comprehensive plan and the development regulations, ensure
full opportunity for public participation and provide flexibility to consider amendment
proposals outside the annual cycle, such as when an emergency exists; and
WHEREAS, the City Council desires to repeal and replace Chapter 21.06 of the
Bremerton Municipal Code in order to provide for updated comprehensive plan amendment
procedures; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 21.06 of the Bremerton Municipal Code entitled
"Comprehensive Plans" is hereby repealed in its entirety and there is hereby created a new
Chapter 21.06 to read as follows:
Comprehensive Plans
Chapter 21.06
COMPREHENSIVE PLAN AMENDMENTS
21.06.010 BIENNIAL AMENDMENTS.
The City Council shall consider amendments to the Bremerton comprehensive plan no
more than once each biennium, except as provided in BMC 21.06.050. The biennial
consideration of amendments shall occur in even-numbered years.
21.06.020 APPLICATIONS.
Comprehensive plan amendments may be initiated by the Department of Community
Development or other administrative staff of the City, private citizens, private or public entities
or agencies, the Planning Commission, or the City Council. Application fees for comprehensive
plan amendments shall be the same as the fee established for rezones.
21.06.030 TIME OF FILING.
Applications to amend the comprehensive plan shall be submitted to the Department of
Community Development by April 1 of each even-numbered year. Applications shall be
submitted on forms prescribed by the Department. Incomplete applications will not be accepted
for filing. Requests received after April 1 shall be considered in the next even-numbered year
amendment process.
21.06.040 SUSPENSION OF APPLICATIONS.
The City Council may, by motion or resolution, suspend the amendment process for any
given biennium. However, in no case shall the amendment process be suspended for two
consecutive biennia.
21.06.050 AMENDMENTS OUTSIDE THE BIENNIAL PROCESS.
Pursuant to RCW 36.70A. 130, the City Council may consider amendments to the
comprehensive plan outside the biennial review process set forth in section 21.06.010 under the
following circumstances:
(a) Subarea Plan. The initial adoption of a subarea plan that does not modify the
comprehensive plan policies and designations applicable to the subarea;
(b) Shoreline Master Program. The adoption or amendment of a shoreline master
program under the procedures set forth in chapter 90.58 RCW; and
(c) Capital Facilities Element. The amendment of the capital facilities element of the
comprehensive plan that occurs concurrently with the adoption or amendment of the city's
budget; and
(d) Scheduled Comprehensive Reviews. Scheduled reviews and evaluations of the
city's comprehensive plan pursuant to RCW 36.70A. 130(4).
(e) Emergency Amendments. At any time an emergency situation exists. Emergency
comprehensive plan amendments may be processed separately and in addition to the standard
biennial amendment process even though such emergency amendment results in a
comprehensive plan amendment more frequently than once per. Prior to considering an
emergency amendment, the City Council shall, by resolution or motion, make a finding that an
emergency situation exists. The following shall constitute a basis for emergency amendments:
2
'7{* Comprehensive Plans
(1) Situations involving official, legal, or administrative actions, such as those
to immediately avoid an imminent danger to public health and safety, prevent imminent danger
to public or private property or to prevent an imminent threat of serious environmental
degradation,
(2) To address the absence of adequate and available public facilities or
services,-or
(3) To resolve an appeal of the comprehensive plan filed with the Central
Puget Sound Growth Management Hearings Board or court, or to comply with a decision of the
Board or court or of a state agency or office or the state legislature necessitating an emergency
comprehensive plan amendment, or
(4) Council confirmation of the Director's finding of a conflict, inconsistency,
deficiency or other internal defect in the comprehensive plan that requires correction for clear,
complete and consistent policy direction.
21.06.060 SEPA REVIEW.
After April 1 of each even-numbered year, the City's Responsible Official shall review
the cumulative environmental effect of all proposed comprehensive plan amendments, pursuant
to the Washington State Environmental Policy Act (SEPA). If the Responsible Official
determines that a draft final or supplemental environmental impact statement (EIS) or other
appropriate environmental review is warranted, applicants may be responsible for a full or
proportionate share of the costs of preparing the environmental analysis as determined by the
Responsible Official.
21.06.070 CUMULATIVE EFFECT.
In considering annual amendments to the comprehensive plan, the Planning Commission
and the City Council shall consider all proposed amendments concurrently to assess their
cumulative effect. The analysis of cumulative effect shall be conducted pursuant to BMC
21.06.060 and shall be entered into the hearing records of the Planning Commission and City
Council prior to any action.
21.06.080 DECISION CRITERIA.
The Planning Commission may recommend, and the City Council may adopt or adopt
with modifications, an amendment to the comprehensive plan if:
(a) There exists an obvious technical error in the pertinent comprehensive plan
provisions; or
(b) All the following criteria have been met:
(1) The amendment is consistent with the Growth Management Act;
(2) The amendment is consistent with the comprehensive plan or other goals
or policies of the City;
(3) If the amendment was reviewed but not adopted as a part of a previous
proposal, circumstances related to the proposed amendment have significantly changed, or the
needs of the City have changed, which support an amendment;
(4) The amendment is compatible with existing or planned land uses and the
surrounding development pattern; and
3
-~'? Comprehensive Plans
(5) The amendment will not adversely affect the City's ability to provide
urban services at the planned level of service and bears a reasonable relationship to benefiting
the public health, safety and welfare.
21.06.090 HEARING PROCEDURES - NOTICE REQUIREMENTS.
The Department of Community Development shall prepare a report on proposed plan
amendments which shall be presented to the Planning Commission at a public hearing. The
Planning Commission shall hold one or more hearings on the proposed amendments. Following
the public hearing by the Planning Commission, the Planning Commission's recommendation
shall be forwarded to the City Council for action. For proposed text amendments, notice of the
first Planning Commission and the first City Council public hearing shall be given in at least one
(1) publication in the local newspaper at least ten (10) days prior to said hearing.
21.06.100 CITY COUNCIL ACTION.
Following receipt of the Planning Commission recommendation, the City Council shall
affirm, deny, modify or return the application to the Commission for further consideration. In
the event the City Council modifies the recommendation, it shall make its own findings and set
forth in writing the reasons for the action taken. If the City Council makes a substantial
modification to the Planning Commission recommendation, it shall hold at least one additional
hearing on the modified recommendation prior to adoption.
21.06.110 APPEALS.
Appeals from a decision of the Bremerton City Council shall be pursuant to Chapter
36.70A RCW.
SECTION2. Comprehensive Plan Amendments - Deferred. All non-emergency
comprehensive plan amendments are deferred until year 2004 pursuant to Resolution No. 2857.
SECTION 3. Severability. 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.
SECTION4. 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
Comprehensive Plans
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\Community Development\Comp Plan - Annual Amendment Ordinance.vi-redline.doc
Comprehensive Plans
DATE SUBMITTED: April 24, 2003 BILL # 03- O7
AGENDA BILL
CITY OF BREMERTON 9B
CITY COUNCIL
SUBJECT: Public Hearing Committee Meeting Date: N/A
Resolution # o~ ~q I , regarding recovery COUNCIL MEETING Date: April 30, 2003
of fees for securing the unsafe structure at Department: Community Dev.
1309 Poindexter Avenue Presenter: Janet Lunceford
Phone: 478-5213
SUMMARY: On February 13, 2003, Public Works secured the house on the property located at
1309 Poindexter Avenue a~er it was ordered vacated due to structural failure. The cost of the work
totaled $954.85. Council must now decide if the fees are just and reasonable, and how they should be
collected.
ATTACHMENTS: Resolution # 0.~? 1 , Clerk's Memo, Photographs
FISCAL IMPACTS (Include Budgeted Amount): If the lien or a personal judgment is not approved,
the City's revolving abatement fund would suffer the deficit of not collecting the funds.
APPROVALS:
/
DEPARTMENT DIRECTOR: ~'
MAYoR:CITY ATTORNEY: ~~.~.~_
FISC~UDGET:
OPE~TIONS:
CO~CIL P~SIDENT: ~
~COM~NDED MOTION: I move that Co~cil, by Re~lution ~ ~ I., order that the fees N
the mo~t of $954.85 ~c~ed for sec~g the st~ct~e located at 1309 Po~de~er Avenue ~
co~ected as reamnable abatement coas ~d ~come a ~en ag~t the pmpe~y.
AGENDA STATUS:
CO~ClL ACTION: ~ Approve ~ Deny ~ Postpone ~ No Action Cons~t
New Bus,ess
Old Business
~d~ce
~solution
~blic H~ing
Infomation
Study Session
RESOLUTION # ~ ~ ~ [
A RESOLUTION of the City Council of the City of Bremerinn, Washington,
reviewing charges for securing the structure on the property at 1309
Poindexter Avenue and determining means of collection.
WHEREAS, the City of Bremerton incurred costs for securing a dangerous building on the property
located at 1309 Poindexter Avenue; and
WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the
Bremerton Municipal Code, allows the City to recoup these costs either by personal judgment against the
property owner or as a lien against the property; and
WHEREAS, the City Council is charged with determining whether the fees are just, and how they
should be collected; and has considered the report of charges filed by the Building Official and any protests or
objection filed; and
WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien
against the property located at 1309 Poindexter Avenue, now, therefore,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the abatemem charges included in the report of the Building Official in the amount
of $954.85 for the property located at 1309 Poindexter Avenue, Bremerton, attached hereto, are just and
reasonable.
SECTION2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a
lien against the property.
SECTION 3. 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 same shall remain in full force and effect.
SECTION4. 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 this day of ,
2O
CAROL ARENDS, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney PAULA JOHNSTON, Deputy City Clerk
DEPARTMENT OF COMMUNITY DEVELOPMENT
286 Fourth Street ,, Bremerton, WA 98337 · (360) 478-5275 · FAX (360) 478-5278
April 16, 2003
Memo
To: Paula Johnston, Deputy City Clerk
From: Janet Lunceford, BDS II
Re:. Public Hearing, 1309 Poindexter Avenue
On February 13, 2003, Public Works secured an unsafe building located on the property at 1309
Poindexter Avenue. The cost of this action, per the attached interfund transfer, totaled $954.85.
I have scheduled a public heating for April 30, 2003 for Council to decide Jl'the fees are
reasonable and how they should be collected.
CITY OF RREMERTON
INTERFUND TRANSFER
CITT DEPARTMENTS ONLY DATE 0:,06,_00~ TRA. NSF # 10258
COMPLETE THIS FORM IN' DUPLICATE AND RETLqLN TO ACCOL.~'TS PAYABLE
Fire Department (Fund
TO PWO-STREET DIVISION FROM AbatememsDemolirions
/REVENUE DEPARTMENT) I EXPENDITURE DEPARTMENT)
DESCRIPTION TOTAL
Charges per attached summary for: February 2003 BLAB
LABOR $777.00
EQUIPMENT $86.00
MATERIALS $91.85
SALES TAX $0.00
TOTAL 5954.85
ACCOUNT AMOUNT ACCOUNT AMOUNT
42-3493900 $954.85 ~..~-6) -'"~. O(-~'--] -.-~-t'~(2~/%~_~L~ ~'lci:~t0 -- ~q .._?,~ Lj¢.
('~ '~ .~._..~ ¢~., '~/'"'~ (Sign Here>
(Sign Here)
REVENUE ~.,~RTMENT SUP f R~/'SO~ ~f~ EXPEN DITU R E D EPARTM ENT SMIth'VISOR
8'19'2-1 4.'vl CITY OF BREMERTON PWO-STREET DIVISION
Customer: BLAB Fire Department (Fund 108)- Abatements,'Demolitions
Date ID \'umbers Description Regular Overtime Costs
0- I..' 0-' smJ -~j 530335 BLAB Board-up Hottl~ RooseveltPointexter
o~o,* Brian Brewer 5.00 hr 5185.00
;0"s '95 I-TON CHEVY 5.00 Irt $4500
)5:~ Colen Corey 4.00 hr S 148.00
;o-- '95 3/4T FOP,.D P U 400 hr $32.00
,~c~5 Scott Corey 1.00 hr 5_~~,.00
?2: 2002 Ford 550 4x4 1.00 hr 5900
,~L'-, Dean Smith 7.00 hr 5259.00
~sa OSB 7/16" 4x8 Graded 11.00 ea $91.85
,)ss; Mark A. Thompson 4.00 hr $148.00
5954.85