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HomeMy WebLinkAbout10/13/99 AGENDA5. 6. 7. 8. CITY COUNCIL AGENDA OCTOBER 13, 1999 PRE-COUNCIL SESSION: 5:00 - 5:30 P.M. · General Council Business CALL TO ORDER: 5:30 P.M. · Pledge of Allegiance · Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. Minutes of Meeting - September 22, 1999 Minutes of Meeting - September 29, 1999 Minutes of Meeting - October 6, 1999 #AB99-203 I #AB99-204 ~ © ¢/:AB99-205 '~ CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT LEGISLATIVE REPORT INFORMATION ITEMS · Impact of 1-695 on Public Transit- Dick Hayes, Director of Kitsap Transit · Impact of 1-695 on the City of Bremerton - Mayor Horton PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Reappointment of Gary Smith to the Public Access Citizens Advisory Committee Workers Compensation Claims Administration Contract Extension with Johnston & Culberson #AB99-206 #AB99-207 ;AG (CONTINUED ON BACK) 10. 11. NEW BUSINESS (continued...) C. Year 2000 CDBG Citizens Advisory Recommendations Amendment No. 1 to Professional Services Agreement With Casne Engineering, Inc. for Pump Station CW-2 Modifications Professional Services Agreement for CSO Reduction Plan Update Professional Services Agreement with Marten & Brown; and Extension to Existing Professional Service Agreement with Ogden Murphy Wallace, and Elms & Flynn ORDINANCES A. Ordinance (First Reading) Amending Section 6.02.110 of The Bremerton Municipal Code, "Solid Waste Management Advisory Committee" Bo Ordinance (First Reading) Establishing a Bremerton Police Reserve Officer Board of Trustees, and Creating A New Chapter of the Bremerton Municipal Code Ordinance No. 4667 (Second Reading) Amending Chapter 10.11 of the Bremerton Municipal Code #AB99-208 #AB99-209 #AB99-210 #AB99-211 #AB99-212 #AB99-213 #AB99-200 12. ADJOURNMENT OF MEETING INITIATIVE 695 DISCUSSION OF FINANCIAL ALTERNATIVES CITY OF BREMERTON Financial Impact: In FY 2000, the City will experience a recluction in MVET revenue of about $500,000. In FY 2001 and subsequent years, the City will experience a reduction in MVET revenue of about $700,000. It is not certain at this time, but the City may experience an increase in property tax revenue as a result of motor vehicles being added to the assessed valuation for property taxes. INITIATIVE 695 DISCUSSION OF FINANCIAL ALTERNATIVES for the CITY OF BREMERTON Possible Solutions On the Expense Side of the Budget: Reduce street lighting. This service currently costs the City $250,000 per year. As a means of reducing this expense, we are in the process of invoking our contractual right under the PSE franchise agreement to acquire PSE street lighting facilities within the City. If some portion of these lights are to be deleted from the operating system, they have no future value and we would not want to incur the cost of buying them from PSE. Cut 12 to 17 staff positions from the budgets of the Street and General Funds. Labor costs make up almost % of the operating budgets of these funds. Of the remaining ¼. the city has only limited discretionary control as many of the costs are fixed by contracts or other factors. Reduce the hours of general government operations. The City may be able to achieve some level of savings through a reduction of hours of service provided to the citizens in areas other than public safety. Shut down of selected park facilities. The City may be able to reduce its maintenance and operating expenses through the closure of some park facilities. IMPACT OF 1-695 ON KITSAP TRANSIT 1. Losing the MVET is a very serious matter for Kitsap Transit. What is the impact? KT's $23 million budget drops $10 million or by 42.5%. Can the state pick this up out of the surplus? The $1 billion state surplus isn't all surplus. Only $466M is unrestricted: $533M is the rainy day fund. The surplus of $466m is a one-time amount accumulated over 6 years, the MVET is $800 million-a-year income stream. Using any of the reserve funds requires a two-thirds vote in both the state House and Senate, plus a general election vote (per 1-601) 2. Kitsap Transit's recovery plan* is really a "soft-crash" plan; it includes' bo An initial 25+% cut ($5 million) because we are going to lose that much before we can put the "soft-crash" plan into effect. A requirement that we: 1) Pass the last .01% ofsales tax (+$2.4 million) 2) Raise $.5 million ($500,000) more in fares 3) Get $2+ million from the Legislature (bad odds) If any of the above three don't happen by June 2000, a second 10%-25% cut will be needed mid June. = 50% of MVET loss ($5M total) * This entire plan requires KT access to MVET earned in '99 ($6M in total) but payable in 2000 (see OFM chart). Community Meetings: Impact of 1-695 on Kitsap Transit 10/12/99 %9 xoqa.~ed %6 q~,o L/I. peppy %1~ (000~ qa_-I u! paAoJdde j! xel sales q~,O L/L leUOp,!ppe g69-1 O00Z: ]oj @LUOOUl pa~eLU!~S:l /ISNV~I/dVSJ_I}I Staff Recommendations Staffing Levels (I-695) Total Department Current Level 25% Reduction Loss* 50% Reduction Loss* Loss* Routed Operators 129 96 -33 74 -22 -55 53 FTTO 41 FTTO 18 FTTO 11 EBTO 8 EBTO 7 EBTO 17 PTTO 12 PTTO 20 PTTO 34 FTSVO 18 FTSVO 12 FTSVO 3 EBSVO 4 EBSVO 4 EBSVO 11 PTSVO 13 PTSVO 13 PTSVO Routed Administration 14.5 10.5 -4 8 -2.5 -6.5 ACCESS Operators 65 56 -9 30 -26 -35 33 FT 25 FT 15 FT 7 EB 7 EB 6 EB 25 PT 24 PT 9 PT ACCESS Administration 22.5 18.5 -4 11.5 -7 -11 Maintenance/Parts 44 37 -7 27 -10 -17 General Administration 61 45 -16 31.5 -13.5 -29.5 Facilities 7 5 -2 5 0 -2 Worker/Drivers** 32 23 -9 14 -9 -18 291 201 -174 I * These are numbers of employees being laid off. Most are full-time; a few are pad-time. ** Does not include Worker/Driver Back-ups 1.6tr~ Impact- 25% Re~/.ction Staff Recommendation for Routed Service Eliminate: I-I Sunday Service r"l #STremont Service r-I #34 Bangor Commuter Service I-I #66 Hansville Service I-I #63 Pt. Jefferson/Indianola Service I-I #86 Southworth Saturday Service i-1 #87 Purdy Service r-I T.O. Service in Port Orchard (Convert to SVO only) Limit: Weekday Service to 5:30 a.m. - 8:00 p.m. · Weekday Port Orchard Service end at 7:00 p.m. Saturday Service to a 9 hour service span Bainbridge Island Commuter Service (reduce am & pm trips by 2 each) · #90 & #91 meets same ferries as Island Service above No City Service into PSNS, Service to BTC only #11, #12, #17, #20, and #25 to hourly Service (no half-hour service) [-I #86 Southworth Service to one bus on weekdays 1-695 Impact- 25% plus 25% Reduction Interline: Alternate between two routes I-'1 #12 Silverdale West & #28 West Hills #13 Silverdale Limited & #25 East Park #32 Poulsbo Silverdale & #90 Poulsbo B.i. (mid-day) #34 Bangor and #36 Ridgetop Bremerton Time Transfer routes will be rescheduled to connect with PM commuter ferries. Other Reductions: Admin. Receptionist Hours Reduced CSO Reductions: · Close Port Orchard Office · Close Bremerton Office on Sundays · Reduce Hours · No pass sales in Winslow · Fixed Routes (includes charging for transfers) · ACCESS · Worker/Driver Vanpools to full cost recovery, less capital Southworth Parking Lot- Increase Rate & Change to 24 hr. paid parking Fare Increases: i---i Double Fares on: KITSAP TRANSIT Worker/Driver Route Reductions 35 30 25 20 15 10 5 0 Current Total 20-25~Vo Plan 50 % .Plan Routes KITSAP TRANSIT General Administration Reductions 70 60 50 40 30 20 10 0 Current Total 20-25'¼, Plan 50 'VoPlan [miFTE's I ACCESS 1-695 Impact-25% Reduction Eliminate: I-! Sunday Service in all areas 12] Saturday Service on Bainbridge Island r-I Ferry Subscription Service r-I Hansviile, Point Jefferson, & Purdy Service All Dial-A-Ride Service · Seabeck · Indianola/Hansville · Bainbridge Island · Kitsap Lake · Illahee Limit: r-IWeekday Service to: [] Bremerton/Silverdale [] Port Orchard [] Bainbridge Island 5:30 a.m.- 8:00 p.m. 5:30 a.m. - 7:00 p.m. 5:30 a.m. -8:00 p.m. [3 Weekend Service to: · Bremerton/Silverdale · Port Orchard 9:00 a.m. - 7:00 p.m. 9:00 a.m.- 6:00 p.m. I-1 Service to Outlying Areas Reservation Hours to: · Monday- Friday · Saturday & Sunday 7:00 a.m. to 4:00 p.m. 8:00 a.m. to 3:00 p.m. ARC Dance to ADA eligible clients only (service one-way to dance only, due to limited service hours) Combined Expenses Preservation and Improvements 1st Qt.r. 2000 TDP / Capital Budget October Public Meetings ROLLING STOCK '1999 2000 2001 2002 2003 2004 2005 Routed Small Small Small Large Access Diesel Buses (26-30') new * Diesel Buses (26-30') used Electric Buses Buses (35-45 PassNeh) Small Diesel Buses (8-10 PassNeh) 20'-22' Small Diesel Buses (10-12 PassNeh) 26-28' Small Vans Large Vans Vehicle Modifications Rideshare/Worker DriverlGRH Vans Commute Trip Reduction Vans Electric Station Cars Rolling Stock Total FACILITIES :Transfer Centers fTC) Poulsbo TC East Bremedon TC(s) West Bremerton TC North Kitsap TC Ferry Terminals Bremerton Transportation Center Bainbridge Island Multimodal Center Poulsbo Kingston Southworth Pod. Orchard (Sidney Landing) ** Annapolis (purchase) Park and Rides {PR) Bainbridge Island PR Bayside Church PR Bethany Lutheran PR East Bremerton Park and Rides Emmanual Lutheran PR Evergreen Lumber PR Gamblewood PR Hood Canal Bridge PR Indianola PR Kingston at George's Corner PR Kingston at Ferry Terminal McWilliams PR Mullenix PR Port Orchard (Landfill) PR Port Orchard Armory PR Poulsbo (Christ Memorial) PR Poulsbo (SR305) PR Rolling Bay PR St. Charles PR Southworth Ferry Terminal PR Southworth Property Il PR SR160/SR166PR 1,253 375 244 2,135 120 200 1,253 1,253 1,253 1,253 1,253 3,000 173 65O 5O 800 950 450 7,500 1,500 4,327 '1,426 650 2.053 2,253 4,703 10,253 ~999 2000 200'1 2002 2003 2004 2005 10 7,190 132 7O 2 20 100 12 3 4O0 264 7,002 55O 7O 2 15 6OO 12 3 5OO 1,000 50 1,900 t,000 1.000 2,800 70 2 5O 200 12 10 3 7O 5OO 2 5O 12 3 70 2 10 5O 3 25,189 458 32 2 55 723 7 2O 6 5O 330 8 50 3 9/15/99 9:29 AM Page 1 of 2 TDP_00 40%red Z'6~$ llVfl,t otl s pund uo.tl vl.todsuv,t.l, ~.tsuv,tz ol pomo suo.~lnqHls!(I · ),unoooe uoRepodsueJ] 3!lqnd snld stualsXs ]isueJ] o] suoilnq!4s!p ),3aJip sapnpul , 9'5~ [$ pund lV,taUaD atlI u.~ pa/ivls ¢Vtl~ suo.qaallOD (~'69 $) (6'99 $) (6'9Z $) (lz'99 $) e3Uele8 punj uop, el~odsueJ1 $) 8UON (9'99 (Z'9~, $) 00, [ Uel' 66, ~ ),~0 g'~9 $ 9'99 $ I I (Z'99 $) (;'69 $) 66, ~lnl' 66, ~ Jd¥ (1z'99 $) 66, ~ ;'69 $ (0' [¢ $) (9';9 $) (;'6~ $) 96, L ),30 96, LInr' 96, '[ Jdv :suop, nq.uls!o lz'99 $ O' Hz $ 9';9 $ 666~ · pun:I uo~. lvl~odsuw~Lq 000;' AJenuel' 666~ '~/oenue? ;'6~ $ :suo!laOllO3 I 866[ · pund lV,taUaD sUO!ll.~m ut s,tVllOp suo . lnq . t:ls , suwtj ,tof qv . Vl AGENDA BILL BP.E_~_ERTON CITY COUNCIL MINUTES OF MEETING -- SEPTEMBER 22, 1999 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: OCTOBER 13, 1999 CITY COUNCIL MIKE SHEPHERD, PRESIDENT SEPTEMBER 24. 1999 ~: (com/nent on back if necessary_) ENDORSE~ZENT INFORMATION MAYOR APPROVED BY COUNCIL PRESIDENTF~QR~AL: 4. ~LIM/W_ARY STATEME.~NT AND REOUiREMENT FOR COUNCIL ACTION: 8. RECOMEM. ENDATIO~: o RESPONSIBLE OFFiCiAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTIQN APPROVED DISAPPROVED DATE: 3ED 11. AGENDA BILL NO: TAPES #1648 & #1649 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES September 22, 1999 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4~ Street, Bremerton, Washington, Wednesday, September 22, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, Lon Overson, John Law, and Cecil McConnell. Council member Wayne Olsen was absent. Also present were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd, and invocation given by Reverend Scott Shaw of Bremerton First Church of the Nazarene. Council President Shepherd made the following announcements: (1) City Council held a Study Session in the Council Conference room, prior to the meeting, to discuss general Council business; followed by a 10-minute Executive Session to discuss "Litigation" per Chapter 42.30.110(1 )(i). CONSENT AGENDA A. Minutes of Meeting - September 15, 1999 #AB99-191 #0020 M/S/C/U (McConnell/Montgomery) Motion to approve the 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 (Montgomery/Arends) On September 22, 1999, the Council does approve for payment those vouchers included and further described as follows: 234543, 234544, and 234571 through 234744 in the amount of $226,386.65. COUNCIL MEMBER REPORTS Carlos Montgomery read a statement to clear up any misunderstanding regarding comments he made at the Monthly Study Session on September 1, 1999. He wanted to clarify that he was not objecting to allowing public comment, but was only opposed to the surprise announcement by the Council President to allow public comment, without any prior discussion with the Council, which he stated was a reversal of Council Rules & Procedures on conducting Study Sessions. Carol Arends reported that as a newly appointed Committee member to the Transportation Policy Board for the Kitsap Regional Coordinating Council, she attended her first meeting yesterday, which she found very interesting. In addition to being a member of the Puget Sound Regional Council in Seattle, she was pleased to see these groups working together, and becoming more involved in some of the issues pertinent to Kitsap County such as the fast ferries and other transportation issues. Jim Reed arrived at the Council meeting at 5:45 P.M. John Law reported on the excellent turn out for the combined District 3 meeting and Manette Neighborhood Plan presentation. He thanked the residents who came and were willing to provide their input. He also thanked Phil Berry, Jori Holan, and Cindy Stahl of the Community Development Department for their contributions; and recognized Marie Wick for her assistance at the meeting. TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 2 of 8 Cecil McConnell referred to a recent Letter to the Editor in The Sun where the writer of the letter incorrectly indicated the refinancing of Gold Mountain Olympic Golf Course would cost tax-payers an additional $1.5 million. Mr. McConnell clarified the income from golfing fees provides money for the entire Parks & Recreation system, plus pays the debt-service on the golf course, Pendergast Field, and the Boardwalk. President Shepherd also attended the District 3 Neighborhood meeting, and was pleased to see so many people turn out and support their Councilor and all the staff working to preserve the quality of life in the Manette area. MAYORS REPORT Mayor Horton clarified some confusion over the purchase of the KPS building, assuring this was only a real estate transaction, and the City is not subsidizing KPS in their attempt to reorganize. Information would be presented to Council for their review and action soon. Mayor Horton reported on her attendance at the Constitution Day Luncheon on Saturday, with members of the Tuskegee Airmen as special guests, which she enjoyed very much. In closing, she reminded citizens there would be viewing of Chinook salmon this weekend at Gorst Creek, in Jarstad Park. President She_oherd asked for comments from the Council regarding his suggestion to hear "Public Hearings" before "New Business" items on the Agenda to better meet the 6:00 P.M. deadline for starting Public Hearings. He pointed out this could mean an interruption to "Public Recognition". Mr. Overson stated there were some other issues on the Agenda, which should move along fairly rapidly, particularly item 9(A), and added he did not recommend interrupting them for the Public Hearing. Mr. Montgomery suggested that Council not interrupt an item, but finish whatever business is being discussed at 6:00 P.M., and then start the "Public Hearing" to accommodate the advertised 6:00 P.M. start time as closely as possible. LEGISLATIVE REPORT- reported that the concerns raised at last weeks meeting regarding the lack of curb cuts at 11th Street & Cogean Blvd. and 11th & McKenzie were passed on to the Engineering Department for a response. PUBLIC RECOGNITION Susan Brown commented on an article in The Sun regarding the possibility that Legislators would compromise the State Environmental Laws because of the slowing of the Chinook fast foot ferry, which she strongly believed was the wrong thing to do, now that the beaches seem to be recovering. Gordy Byrd reported on his discussions with the Main Post Office regarding their lack of handicap access. Elizabeth Buell pointed out there is a ramp on the side of the post office where citizens in wheelchairs can go and ask for assistance, and the National Avenue Post Office has a convenient drive-through window. Larry_ Dickerson asked if adjoining properties owned by KPS would be included in the proposed real estate transaction discussed by the Mayor. If so, he asked if the City would give appropriate time for finding another place to relocate. He also urged the City to address the ongoing problem of gang graffiti, and to take this issue seriously. Mayor Horton clarified the surrounding properties would be included in the KPS transaction, and notice would be given appropriate to the Landlord Tenant Act. Jack Lefcoski discussed Chum and Silver salmon recovery efforts in the Kitsap Lake area. 3 TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 3 of 8 ~9~L..L,~E,~LO~ reported on the recent Sinclair Inlet Clean-Up event, as part of Washington Water Weeks, held on September 18, which was very successful. He encouraged the Council to consider creating a waterfront park along Highway 304 as part of the Gateway Project. Roy Runyon addressed the slowing of the Chinook fast foot ferry from the point of view of a commuter, and pointed out that if the Rich Passage property owners were true "environmentalists", they would remove their sea walls and bulkheads to assist in restoring the shoreline. 9A - CONFIRMATION OF SHIRLEY M. WISE AS THE BREMERTON-KITSAP COUNTY DUI TASK FORCE PROGRAM MANAGER, #AB99-192 Police Chief Robert Forbes reported that on September 1, 1999, Lynn Drake resigned as the Bremerton Kitsap County DUI Task Force Program Manager. With Council approval, Shirley M. Wise will be Ms. Drake's replacement, commencing September 16, 1999. Under Ms. Wise's authority, the Task Force will continue to function at its present capacity providing support to the City of Bremerton by means of law enforcement, revenue, and education. The current contract with the Washington Traffic Safety Commission expires June 30, 2001. Shirley M. Wise stated she was looking forward to working with the City, and to contact her with any concerns regarding traffic safety. There were no questions or comments from the public. #1260 M/S/C/U (FardMontgomery) Motion to approve the employment contract and request to hire Shirley M. Wise. The Council welcomed Ms. Wise to the City. 9B -ANDERSON COVE BASIN STORM DRAINAGE SEPARATION BID AWARD, #AB99-193 Gene Sampley, Public Works & Utilities Director, reported that the Anderson Cove Basin Snyder and Ohio Avenue Sewers Project is part of the City's Anderson Cove CSO Reduction Facility Plan approved by the Department of Ecology. This project will separate storm-water from combined sewers and minimize the impacts of storm-water to the sanitary sewage conveyance system. Bids for construction of these improvements were opened on September 20, 1999. The Engineer's estimate is $500,000. A total of 10 bids were received. D.D.I. Construction submitted the lowest bid of $646,503.15; and Olsen Bros. submitted the second lowest bid of $687,186.00 (all bids include applicable tax.) The recommended action before the City Council is award of a contract with D.D.I. Construction for construction of Anderson Cove Basin Snyder and Ohio Avenue Sewers for $646,503.15, and in the event that D.D.I. Construction does not enter into the contract, that the City Council award a contract to Olsen Bros. for $687,186.00, for construction of the same project. There were no questions or comments from the public. #1418 M/S/C/U (FardMcConnell) Motion to award a contract for $646,503.15 (including taxes) to D.D.I. Construction, the lowest and best bid, for construction of Anderson Cove Basin Snyder & Ohio Avenue Sewers. In the event that D.D.I. Construction does not enter into the contract, then award a contract to Olsen Bros., the second lowest bidder, for $687,186.00 (including taxes) for the same project; and authorize the Mayor to execute the same in accordance with City Policies & Procedures. 9C - SR304 TRANSPORTATION IMPROVEMENT PROJECT, BID AWARD FOR BUILDING DEMOLITION NO. 2, #AB99-194 Gene Sampley, Public Works & Utilities Director, reported bids were opened for the SR304 Transportation Improvement Project (TIP), Building Demolition No. 2 contract on September 13, 1999. This is the second building demolition contract for structures located within the SR304 TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 4 of 8 Transportation Improvement Project. This contract is to remove the structures located at 421 and 337 South Cambrian; and 2807 Rodgers Street. Eleven bids for this project were received. William Dickson Company was the lowest responsive bidder with a bid of $145,699.96. The Engineer's estimate for this project was $144,664.00. The recommended action before the City Council is approval of a contract with William Dickson Company for the SR304 Transportation Improvement Project (TIP), Building Demolition No. 2 contract. There were no questions or comments from the public. #1550 M/SIC/U (Montgomery/Arends) Motion to approve award of the bid of $145,699.96 with William Dickson Company for the SR304 Transportation Improvement Project (TIP), Building Demolition No. 2 contract; and authorize the Mayor to execute the same in accordance with City Policies and Procedures. The following item was added tonight on an emergency basis: 9D - EMERGENCY PURCHASE FOR GENERATOR REPAIR Gene Sam.oley, Public Works & Utilities Director, reported the Emergency Switch Gear on the generator at Pump Station CE-1 failed, leaving the station without emergency power as required by both Federal and State Regulations. Purchase of the equipment to repair the generator and restore the ability to provide emergency power is necessary to bring the station back into compliance. Preliminary reports indicate the estimated cost of repairs may be up to $30,000. There were no questions or comments from the public. Mr. Farr asked what precautions are in place to prevent a spill right now. Mr. Sampley stated they do not see a potential for a power failure at this point, and it is hoped to get the system back up and running immediately. There currently is no one on stand by, and there is not an automatic switch- gear. The requirement is to have emergency power available, but it would have to be switched on manually. The time it would take to do this depends on the time of day, due to the cycles of the station, however, assuming normal operations, it could possibly take 20 minutes. The only other alternative would be to station someone around-the-clock, which is not practical with such a minimum risk. He clarified there is "remote monitoring" of the wet well, which is continuously monitored. #1685 M/S/C/U (Montgomery/Arends) Motion to approve the Emergency Purchase of Switch Gear for the Generator at Pump Station CE-1 in an amount up to $30,000. 10A - ORDINANCE (FIRST READING) AMENDING CHAPTER 2.04.010 OF THE BREMERTO!" MUNICIPAL CODE. #AB99-195 Cecil McConnell, City Council member, is asking the Council to consider an ordinance defining the content items, specifically Public Recognition, of the regular City Council business meetings. He provided background information on this issue, and stated the main purpose is to codify the Bremerton Municipal Code with information that is already contained in the Council Rules & Procedures. He pointed out that items 8 through 11 may be omitted if there are no scheduled items for that session. Del Knauss stated he questioned the way Council was conducting their meetings, and believes this ordinance would clarify the intent of the City_ Charter that Council would hold a regular business meeting every Wednesday. He asked for a show of hands from the audience of all those who supported this ordinance, and a majority of those in attendance did raise their hand (approx. 30). TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 5 of 8 Mr. Montgomery asked that item No. 11 Public Hearings, be moved up to item No. 8. Mr. Law concurred with the intent of Mr. Montgomery, but asked that the order of items not be "locked in", but left as an option for the Council President, because it is not possible to foresee every situation. Mr. McConnell reiterated that Rule No. 5 of the Council Rules & Procedures already states the Council President has the authority to rearrange items on the Agenda. Mr. Farr also did not recommend that the order of items be "locked in", and urged the original motion. Mr. Montgomery clarified that he did not have a problem with "flexibility", he only wanted to assure that when a Public Hearing was on- the Agenda, it would happen at, or as near to 6:00 P.M., as possible. He also questioned the President having "sole authority" over conduct of the proceedings, or the order of the Agenda, if two or more other Council members objected. He further stated he has always supported televising Study Sessions, and since they would be taped-delayed if held on Mondays, he felt it was important to hold them the first Wednesday, after conducting items 1 through 7. President Shepherd explained the difficulty with this discussion is that the Council RUI~s & Procedures, and making them a part of the Bremerton Municipal Code, was a scheduled topic at the last Council Retreat, which was postponed. It is known that the Council Rules & Procedures have never been adopted as ordinance. #2500 M/S/F (Montgomery/Arends) Motion to approve ordinance on first reading, amending Chapter 2.04.010 of the Bremerton Municipal Code with the following modification of moving item 11 up to item 8, moving items 8, 9, and 10 to items 9, 10, and 11. Vote on motion: Motion failed. In favor: Opposed: McConnell, Overson, Arends, Montgomery Reed, Law, Farr, Shepherd Mr. Reed asked what was the benefit of this ordinance. Mr. McConnell clarified this ordinance is strictly to benefit the public, to give them back the Public Recognition portion of the meeting. Mr. Reed stated the Public Recognition portion of the meeting is at the pleasure of the Council. President Shepherd provided a brief history of how this matter came before Council. He explained that at Mr. Olsen's request, and with a majority of the Council's agreement, a Study Session was scheduled the first Wednesday of each month on an experimental basis. He discussed the issue of time, stating that if a Study Session were to be held after a regular meeting, like tonight, the start time for the Study Session would be considerably later. If there is some abbreviation to the Council Agenda, the televised Study Session could begin at the regular start-time of 5:30 P.M. He further explained why certain items were added back to the Agenda, such as paying of bills for the City. He found the televised Study Sessions allowed the public to see how items are considered before they are brought back for a vote. Mrs. Arends wanted to clarify for the public that even when Council held the Monthly Study Sessions on Monday nights, although not televised, they were still always open to the public, as well as all other Study Sessions. She believes there have been some misconceptions on this issue. Mr. Overson expressed his opinion that Monthly Study Sessions should be held on Monday night and regular business meetings on Wednesday night. He asked Council to consider tabling the item. TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 6 of 8 #3230 M/SIC (FardLaw) Motion to approve ordinance on first reading, amending Chapter 2.04.010 of the Bremerton Municipal Code, with the addition of striking the word "business" from section 2.04.010 of the ordinance. Vote on motion: Motion carried. In favor: Opposed: McConnell, Law, Overson, Farr, Arends Reed, Montgomery, Shepherd Mr. Law stated "It was not a "majority" decision to hold the Monthly Study Sessions on Wednesday nights, and it was an indication that the Council is trying to be a bit lazy". He further stated that Council should have the Study Session on Mondays, record it, and announce to the public the day it will be replayed. President She_oherd took exception to Mr. Law's comments, stating that he did not consider any Council member "lazy", and that each puts in an incredible amount of time, with approximately 150 meetings per year, not including volunteer activities. He stated the amount of time to study the issues would not change, it would just be on a Wednesday night rather than a Monday night. Mr. Reed stated one of the reasons that generated this change, was the fact that many Council Agendas contained only one item for several weeks, and this was a way to save money and time by eliminating the Monday night meeting, and allowing more than one item on Wednesday meetings. He also stated that by televising Study Sessions, the public would receive additional information. Mr. Fart urged Council to continue with advertised business items. As a follow up to item 9(D), Paula Johnston announced a message from Gene Sampley, stating the temporary repairs have been made at Pump Station CE-l, and the Switch Gear is currently operable. 11A - PUBLIC HEARING AND RESOLUTION NO. 2719, DETERMINATION OF NON CONFORMING USE SIGN SHOP AT 1533 SHOREWOOD DRIVE, #AB99-189 President Shepherd announced this was a Quasi-Judicial issue of a previously opened heading, and once again asked if any Council Member believed their participation would conflict with the "Appearance of Fairness Doctrine", and if they should be excused. Mr. Montgomery stated he was not here last week, but did state he has received various phone calls from citizens who live around that area on this issue, but did not feel this would have any affect on his decision tonight. President Shepherd then asked members of the public if they believed any Council members should excuse themselves due to a conflict with the "Appearance of Fairness Doctrine'; There were no comments from the public, and all Council members remained seated. Jon Holan, Planning Manager, introduced several items into the record including (1) A letter dated February 24, 1999 from Janet K. Lunceford, Building & Development Specialist, to David & Ardith Barcelon; (2) A letter dated September 21, 1999 from Jack & Michelle Lanham to the City Council; (3) A memorandum dated September 22, 1999 from Knute Rife, City Assistant Attorney, to the City Council; and (4) A memorandum dated September 15, 1999 from Knute Rife to Jon Holan. Mr. Holan summarized the staff report, and reported that on July 14, 1999, City Council held a public hearing to consider the Special Use Permit application of Jonathon Chang to change an existing non- conforming use sign shop to auto repair use at 1533 Shorewood Drive. City Council denied the application. During the hearing, testimony was received which raised concerns whether the sign shop met the legal non-conforming use criteria as defined by BMC 21.02.790 "Non-Conforming Uses"; Subsection (g) "Discontinuation of a Non-Conforming Use". Based on the situation, a public TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 7 of 8 hearing has been scheduled to take testimony on this issue. Based on this testimony, and clear and convincing evidence received at the hearing, the Council has three options: (1) If the Council finds the sign shop use has been discontinued for a pedod of one year or more, then the determination is the sign shop is an illegal use, and all sign shop activities must cease; (2) If Council can not make the finding, then the sign shop is a legal, non-conforming use, and is allowed to continue subject to requirements of B.M.C. 21.02.790(g); or (3) Council may continue the headng for another date. President Shepherd swore in the fo/lowing citizens, who would offer testimony on this issue: Lee Crawford, 1536 Shorewood Drive, (which he stated was across the street from the property in question), submitted (1) An affidavit, swearing that he has not seen any sign activity at the location since the previous owner, Hanson Signs, moved out. He reported that he has seen them working on a race car, storing boats, and other general work around the place. He further stated that in late 1998, Mr. Barcelon provided a tour of the building for him and Mr. Davies, and assured them all he wanted to do was store his racecar in the building, and had no intention of running a commercial business. Mr. Crawford also introduced (2) A letter from the Department of Economic Development, which stated the sign shop should revert back to SF-3 zoning; and (3) A Business Log which came from the Business License Department where Mr. Barcelon stated he had not done any business on the location. He feels there has been some deception since on the application Mr. Barcelon used to apply for a Business License, he listed a corporation under the name "Signs Unlimited", and found no listing for a corporation under that name in the State of Washington. Betty Davies, 1541 Shorewood Drive, stated the building in question has not been used as a sign shop since Labor Day of 1997. She has only seen the building used to store a race car since it was purchased by Mr. Barcelon in October of 1997, and never saw any "sign" activity. The building was then sold to Mr. Chang the last part of 1998. She asked Council to deny this non-conforming use. Luana Kay Wartman, 1510 Shorewood Drive, stated the entire time Mr. Barcelon owned the building, she never saw any sign shop or business activity. She wants the area to revert back to a single-family neighborhood. Doug Adams, 5200 Beach Drive, bought his house in November of 1998, and during the day when he would come home for lunch he did not ever see any sign shop activity. Gerry Peret 2145 Marine Drive, emphasized the closeness to the water, and stated the area needs to return to a residential area. She stated this business outgrew this space 40 years ago. Laurna Crawford, 1536 Shorewood Drive, stated she has not observed any sign shop activity in the building since "Hanson's Signs" moved out, only the auto detailing. She also urged the return to a residential only area, with no businesses. Elizabeth Buell stated she has friends who live in the area, and asked Council to return this area back to a residential area. Norray Larson, 1936 Shorewood Drive, stated her parents owned this property since 1936, she was raised here, and felt the sign shop should not have been approved to begin with. In addition, she pointed out that a school bus uses the area; as well as the problem with water run-off. TAPES #1648 & #1649 City Council Reg. Mtg. Minutes September 22, 1999 Page 8 of 8 Ed S.~eakman, 5304 Harbor Ridge Drive and President of the Homeowners Association for his area, spoke on behalf of the residents in his area. The general consensus from the residents is that the business should not be there, and asked Council to clean up the area. Mr. Reed asked if the business was in operation when he purchased his home. Mr. S_oeakman stated only Hanson's Signs. Mr. Fart stated that in 1986 when he lived in the area, it was quite obvious that there was a sign shop. He then asked Mr. Crawford if he observed any of these same, obvious signs of this type of activity during the last year. Mr. Crawford stated no, he did not. Mr. Law referred to the letter from Janet Lunceford to Mr. & Mrs. Barcelon in which it states that according to the Zoning Ordinance, once the sign shop use had been discontinued for a period of one year or more, the use of the sight must revert back to a use consistent with its residential zoning. Mr. Holan confirmed the information was correct. Mr. McConnell asked if Mr. Barcelon offered any testimony on this issue. Mr. Holan stated an affidavit by Mr. Barcelon was submitted at the Planning Commission, but only indicating that he had obtained the business licenses. Mr. Reed asked if Mr. [Chang] currently has a legally-issued business license, or in violation of any codes as this time. Mr. Holan clarified that at this time the business is considered a legal, non-conforming use. Mr. Reed asked Mr. Crawford if during Mr. Barcelon's ownership, and being licensed as a sign shop, did he ever attempt to purchase a sign from him, or from Mr. Guerrero? Mr. Crawford stated not from Mr. Barcelon, but yes, by phone, from Mr. Guerrero, and was told they weren't doing that type of work, only auto body detailing. Mrs. Arends asked for clarification on information contained in the Fire Inspector's report. #2000 M/S/C (Farr/Law) Motion is made that, based on clear and convincing evidence, including testimony heard tonight, the sign shop use has been discontinued for a period of one year or more, and therefore it is determined the sign shop is an illegal use, and all sign shop activities must cease. Vote on motion: In favor: McConnell, Law, Overson, Farr, Arends, Montgomery, Shepherd Opposed: Reed Motion carried. City Council recognized the volunteers from BKA T for their services in broadcasting their meetings. With no further business meeting adjourned at 8:10 P.M. MIKE SHEPHERD, Council President City of Bremerton P J/MS/Is C: Normal Distribution File PAULA JOHNSTON, Deputy City Clerk AGENDA BILL BREM]Et~TON CiTY COUNCIL MINUTES OF MEETING - SEPTEMBER 29, 1999 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: OCTOBER 13~ 1999 CITY COUNCIL MIKE SHEPHERD~, PRESIDENT OCTOBER 5, 1999 o (comment on back if necessary_) ENDORSEI~ENT__ MAYOR INF ORlW_ATi ON, APPROVED BY COUNCIL PRESIDENT 4. SUMLMARY STATEME.~NT AND REOUIREMENT FOR COUNCIL ACTr_ON: 8. RECOM2fENDATION: RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED .~ TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DATE: DISAPPROVED DED 1i. AGENDA BILL NO: TAPE #1650 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES September 29, 1999 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4"~ Street, Bremerton, Washington, Wednesday, September 29, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, Cecil McConnell, and Wayne Olsen. Council members John Law and Lon Overson were absent. Also present were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council President Shepherd, and invocation given by Carl Johnson, who also invited the Council to the 14th Annual Kitsap County Prayer Breakfast to be held at the Howard Johnson Plaza Hotel on Thursday, October 21, 1999 at 6:45 A.M. Council President She.oherd made the following announcements: (1) City Council held a Study Session in the Council Conference room, prior to the meeting, to discuss general Council business; followed by a 15-minute Executive Session to discuss "Litigation" per Chapter 42.30.110(1 )(i). (2) Following the meeting tonight, Council will hold a Study Session in the Council Conference Room to discuss "Ambulance Rates". CONSENT AGENDA - There were no Consent Agenda item this week. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0025 M/S/C/U (Montgomery/Arends) On September 29, 1999, the Council does approve for payment those vouchers included and further described as follows: 234745, and 234764 through 234941 in the amount of $256,501.02; and Retiree Payroll in the amount of $119,630.40. COUNCIL MEMBER REPORTS David Farr, Carol Arends, and Carlos Montgomery invited the public to attend the next District 6-7- 8 meeting to be held Thursday, October 28, 1999, beginning at 7:00 P.M. in the boardroom of the Bremerton School Administration Building at 134 Marion Avenue. The main topic of discussion will be the "Gateway Project", with members of the Engineering Department as well as the Mayor; and refreshments would also be available. President Shepherd noticed a number of neighborhood improvements while on a "walk-about" of District 5 on Saturday, and extended his thanks, gratitude, and appreciation for all the work that has been done. He personally thanked Tom McDonald for all the improvements he has made at his business location on Naval Avenue, especially now that others businesses are following suit. In addition, he discussed a number of "problem areas" that were also noticed, such as abandoned vehicles and illegal dumping of trash, which was being reported to the Kitsap County Health Department, and he urged citizens to do the same. MAYORS REPORT Mayor Horton reported on her participation with a contingency of local people who traveled to Victoria, B.C. to visit three recreation centers, all with aquatic components, to take a look at what TAPE #1650 City Council Reg. Mtg. Minutes September 29, 1999 Page 2 of 6 other cities were doing. She stated the centers were very impressive, and also helped to solidify in some people's minds the aquatic aspect of a community center. She stated Cris Gears, the Parks Director, was organizing a second tour to the City of Tukwila, and invited the Council members to attend to give them an idea of what type of facility the Bond Committee and Parks Commission is looking at to replace Sheridan Park. The Mayor also announced the First-Friday Art Walk would include a special event at the City Hall Park, at 4:30 P.M. to recognize "Breast Cancer Awareness" month, and invited the public to attend. Mayor Hort0n proclaimecl October 1, 1999 as "Breast Cancer Awareness Day' in the City of Bremerton, and urged all citizens to become involved in the war against this disease. LEGISLATIVE REPORT- There was no report his week. PUBLIC RECOGNITION Ruth Natividad offered her observations on the comments made by Mr. Law, and the discussion that followed at the Council meeting last week. She believed Mr. Law made the comment because he did not want the Council to appear "lazy" by having less meetings, but from the small portion she sees Council doing, she knows they all work very hard, and for that reason, she would not want to be a Councilman. She referred to the article in The SUN regarding the tours of recreation centers, and stated she would be inclined to campaign against a bond issue to pay for a new recreation center. Carolyn McClurkan, President of the Kitsap County Historical Society & Museum, invited the Council to attend the opening of the newest exhibit, "KITSAP COUNTY, What's in a Name?" this Friday, in conjunction with the First-Friday Art Walk, from 5:00 to 8:00 P.M. She also invited the Council, as well as the public, to attend the Historical Society's fall general membership meeting on Saturday, October 23, 1999 at 1:00 P.M., with refreshments served at 1:30 P.M., followed by the nationally acclaimed play "May's Vote" beginning at 2:00 P.M., next door at the Roxy Theater. Gordy Byrd agreed with comments made earlier by Ms. Natividad. He felt the Council worked very hard, and had to "put up with" a lot. In addition, he expressed complaints regarding Kitsap Transit. Tom McDonald thanked Mike Shepherd for his earlier comments regarding the care of his property; and announced the opening of a new computer store in the building at 405 Naval Avenue. Jeff Vaucjhn, Technical Director of the Admiral Theater, presented the new brochure for the Admiral Theater, "Stages for all Ages" for the 1999-2000 season, and highlighted many upcoming events. 9A - CONFIRMATION OF CAROL S. CONLEY AS THE HUMAN RESOURCES MANAGER, #AB99-196 Mayor Horton reported that Carol S. Conley has been the Human Resources Director for the city of Coconut Creek, Florida. She comes to the City of Bremerton highly recommended by the Mayor, her peers, and employees of Coconut Creek. Mayor Horton believes she will be an asset to our City. Carol Conley listed the number of duties included in her position, and stated she looked forward to working with the City staff, Department Heads, and City Council. There were no questions or comments from the public. #0904 M/S/C/U (Farr/Montgomery) Motion to approve the employment contract and request to hire Carol S. Conley as the Human Resources Manager. The Council welcomed Ms. Conley "Aboard". TAPE #1650 City Council Reg. Mtg. Minutes September 29, 1999 Page 3 of 6 9B - BID AWARD FOR TIMBER SALE 99-4, #AB99-197 Bill McKinney, Forestry Manager, reported that the timber sale was planned and prepared within the guidelines of the Water Utility's Forest Management Plan and the Washington State Forest Practices regulations. A forest practices permit has been obtained for this harvest operation. This proposed harvest would be an even-age cut on 58 acres. Total estimated volume is 1,135 million board feet. Advertisement for bids was prepared according to administrative procedures and bids received on September 27, 1999. The summary is attached as Exhibit B. It is recommended that the City Council' award the timber sale to G. Hintz Logging for the amount of $527,750.00. Gordy Byrd asked if the City would receive the money, and if yes, where would it go? Mr. McKinney stated the revenue from the timber sale goes to the Water Utility, with 6% paid to the General Fund in lieu of taxes. Mr. Reed was informed through a relative that Mr. Hintz is very capable of doing this job, and comes with very good recommendations. He has a significant amount of high quality equipment, and is from a family who has done this type of work for several generations. President Shepherd mentioned the harvesting of timber on City-owned property is closely monitored. #1025 M/S/C/U (Montgomery/Arends) Motion to approve and authorize the Mayor to execute the attached Bill of Sale and Contract to Pay for and Remove Forest Products from City Lands for Timber Sale 99-4, with G. Hintz Logging in the amount of $527,750.00, in accordance with established administrative policies and procedures. 9C - PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX, INC. FOR EVERGREEN PARK PHASE 2 REMEDIATION AND PARK CONSTRUCTION ENGINEERING SERVICES, #AB99-'198 Jodi Wroblewski, Assistant Parks & Recreation Director, reported that a request for Statements of Qualifications (S.O.Q.) for professional services was solicited and received on June 11, 1999. Three (3) firms responded for the SOQ whereby Parametrix, Inc. was selected as most qualified, knowledgeable and sensitive in areas of brownfield remediation to perform this service. Parametrix, Inc. will perform Site Remediation - Phase I as outlined and specified in the Department of Ecology Agreed Order. In summary, Phase ! shall include demolition of site structures and the engineering studies necessary to develop design criteria for remediation and park design. Phase I! will include the remaining remedial actions as specified in the Agreed Order and park design. The Phase [[ scope of services and costs will be presented to City Council upon completion of Phase [ elements. The cost of Phase [ Scope of Services is $172,186.00. There were no questions or comments from the public. Diane Lenius, Manager of the Parametrix office in Bremerton, thanked the Council for the opportunity to work on this project. ~, the Project Manager who is responsible for the delivery of the Scope of Services, provided a brief summary of the work planned for both Phase ! and Phase 1! as described in Exhibit A. Mr. Farr commented that this project is a lot more important, and a lot bigger, than most in Bremerton were probably aware of, as it would eventually add over 4 acres to Evergreen Park. He asked for additional information on removal of any underground storage tanks if discovered on the property; and groundwater sampling. Mr. Battuello clarified that removal of any discovered underground TAPE #1650 City Council Reg. Mtg. Minutes September 29, 1999 Page 4 of 6 storage tanks would occur during Phase II; and any work required due to the Agreed Order with the Department of Ecology, (which specified for a significant level of groundwater study of the park designed to quantify the extent of groundwater contamination and potential impacts to the Smith Cove Environment), would be performed at the end of the Phase II process. #1145 MISICIU (Montgomery/Arends) Motion to authorize the Mayor to enter into a Professional Services Agreement with Parametrix, Inc. for engineering services relating to the Evergreen Park Site Remediation - Phase I, as outlined and specified in the Department of Ecology Agreed Order. 9D - MANETTE PLAYFIELD RENOVATION IAC-YAF (YOUTH ATHLETIC FACILITIES) GRANT AGREEMENT, #AB99-199 Jodi Wroblewski, Assistant Parks & Recreation Director, reported that the City has been awarded a $62,500 grant from the Interagency Committee for Outdoor Recreation (Youth Athletic Facilities). In order to receive the funding the Mayor must enter into a standard Project Agreement with the lAC. This funding is being matched by the C.D.B.G. grant of $62,500 for a total project expenditure of $125,000 to renovate the Manette Play Field. This renovation included grading, installing a drainage system and an irrigation system, and installing turf. This is a project that has been long awaited by area residents, the Pee Wee sports organization, and many soccer players. This is one of the City's few lighted fields, and is used heavily, in spite of its poor conditions. There were no questions or comments from the public. #1394 M/S/C/U (Arends/Montgomery) Motion to authorize the Mayor to sign the lAC Project Agreement for the Manette Play Field Renovation Grant. 10A- ORDINANCE NO. 4666 (SECOND READING) AMENDING CHAPTER 2.04.010 OF THF BREMERTON MUNICIPAL CODE, #AB99-195 Cecil McConnell, City Council member, reiterated that he is asking the Council to consider an ordinance defining the content items of the regular City Council business meetings. Ruth Natividad stated that in the interest of moving forward, Council should consider other options. #1545 M/S/C (FardMontgomery) Motion to pass Ordinance No. 4666 on second reading, amending Chapter 2.04.010 of the Bremerton Municipal Code. Vote on motion: Motion carried. In favor: Opposed: ©lsen, McConnell, Farr, Arends, Montgomery Reed, Shepherd 10B - ORDINANCE (FIRST READING) AMENDING CHAPTER 10.11,010(I) OF THE BREMERTON MUNICIPAL CODE. #AB99-200 Glenna Malanca, City Attorney, is asking the Council to consider an ordinance that would amend Chapter 10.11 by providing that the relocation of a conveyance or motor vehicle within five hundred (500) feet and in a public right-of-way is to be considered the same location of the parking prohibition of seventy-two (72) hours or more in a public right-of-way. There were no questions or comments from the public. Mr. Montgomery explained this issue was brought for Council consideration at the request of many members of the public; and complimented the Legal Department for their work on the ordinance. TAPE #165O City Council Reg. Mtg. Minutes September 29, 1999 Page 5 of 6 Mr. McConnell asked if there was a way to protect the homeowner if he leaves a second vehicle parked on the street while on vacation, or otherwise gone for over 5 days. Ms. Malanca stated this ordinance only provided a definition of what is moving or not moving of vehicles within the right-of- way, and explained that a resident would have the same problem with or without this clarification. Ms. Johnston stated residents are encouraged to call the City Clerks Office or Diamond Parking if they plan on parking any vehicle over the 72-hour limit. #1740 M/S/C/U (Montgomery/Arends) Motion to approve ordinance on first reading, amending' Chapter 10.11.010(I) of the Bremerton Municipal Code. 11A - RESOLUTION NO. 2725. PROPOSING TO SET A HEARING DATE OF OCTOBER 20, 1999 FOR THE VACATION OF A PORTION OF MARINE DRIVE. #AB99-201 Jeff Shea, Senior Engineer, reported that City staff has received a petition to vacate 1,000 square feet along the east side of Marine Drive. The City Council is being requested to establish a hearing date of October 20, 1999, to consider the vacation of a portion of the right-of-way for Marine Drive. This portion of the right-of-way is undeveloped and encompasses a steep slope. A dedication of right-of-way at the northwest corner of Marine Drive and Dora Avenue is being considered as partial compensation for the vacation. Posting of the hearing notices and mailings to the adjacent property will be completed in accordance with the Bremerton Municipal Code. Engineering staff recommends adoption of the proposed Resolution. There were no questions or comments from the public. #1855 M/S/C/U (Montgomery/Olsen) Motion to adopt proposed Resolution No. 2725 to set a date for a Public Hearing on October 20, 1999. 11 B- RESOLUTION NO. 2726, 2000-2005 SIX-YEAR TRANSPORTATION IMPROVEMENT PLAN, #AB99-202 Jeff Shea, Senior Engineer, reported that the Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The plan is updated annually and filed with the Secretary of Transportation, Department of Transportation, Local Programs Office. It is intended as a planning tool for the local, State, and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Resolution, and will be submitted to the Washington State Department of Transportation. Mr. Shea used visuals to go over each of the individual projects of the Six-Year plan: 1) The SR 303 Major Investment Study (a detailed presentation on possible alternatives to eliminate the congestion along SR 303 is scheduled for the City Council Study Session next Wednesday, October 6, at 6:00 P.M.); 2) The SR 304 Project; 3) West Hills Commercial/Wemer Corridor Improvements; 4) Auto Center Way Improvements; 5) Arsenal Way/Patton Avenue Improvements; 6) Miscellaneous Projects for Arterial Street Improvements (such as overlays, signal upgrades, and signage); and 7) Construction of Warren Avenue Off-Ramp. Roy Mclnnis asked how closely these "Six-Year" plans were followed in previous years; and questioned prioritization. Mr. Shea clarified this was only a "planning" document for arterial street systems in the City of Bremerton. Gordy Byrd asked what would happen if any of the projects in this plan were not completed. Mayor Horton stated the money for these projects comes predominantly from the Federal Government, with some funds matched by the City, and clarified these program dollars can only be used for very specific purposes, which are clearly defined (transportation and economic development). TAPE #165O City Council Reg. Mtg. Minutes September 29, 1999 Page 6 of 6 Mr. Montgomery_ stated that at the last District 6-7-8 meeting, several residents of the area affected by the Arsenal Way/Patton Avenue Improvements were adamantly opposed to the project, and therefore he recommended the project be removed. The only improvements the residents requested were 1) A sidewalk from the end of Marion Avenue going around to Loxie Eagan Boulevard; and 2) a stop sign or signal light at Marion Avenue where it connects with Arsenal Way. He also added that anytime this type of road improvement is made, it only seems to help people "drive out of town". Mrs. Arend$ agreed to pull the item, at least for now, until citizens had the opportunity to learn more about' the project. #2780 M/S/C (Montgomery/Arends) Motion to adopt the attached Resolution No. 2726 approving the City's 2000-2205 Six-Year Transportation Improvement Program, with the exception of the Arsenal Way/Patton Avenue Improvement Project (Priority No. 5); and direct the Mayor to forward the Resolution and Plan to the Department of Transportation, Local Programs Office. Vote on motion: Motion carried. In favor: Opposed: Farr, Arends, Montgomery, Olsen, McConnell, Shepherd Reed With no further business meeting adjourned at 6:55 P.M. MIKE SHEPHERD, Council President City of Bremerton P J/MS/Is C: Normal Distribution File PAULA JOHNSTON, Deputy City Clerk AGE1FDA BILL BtlEM~RTON CITY COU~C!L MINUTES OF MEETING -- OCTOBER 6, 1999 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: OCTOBER 13, 1999 CITY COUNCIL MIKE SHEPHERD, PRESIDENT OCTOBER 7, 1999 o (comment on back if necessary) ENDORSEMENT INFORbSATION ...... APPROVED BY COUNCIL PRESIDENT ~R~ ~B~_L: MAYOR COUNCIL PRESIDENT ./~/~~J 4. ~RY STATEM3ENT AND REOUIREMENT F6R COUNCIL ACTI0~: 8. RECOM24ENDATION: RESPONSIBLE OFFICIAL: ENFORCEM?ENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: !0. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: CNDED TAPES #1651 &#1652 UNAPPROVED DRAFT CITY COUNCIL MEETING & MONTHLY STUDY SESSION MINUTES October 6, 1999 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, October 6, 1999, at 5:30 P.M., with Council President Mike Shepherd presiding. Council members present were Jim Reed, Carlos Montgomery, Carol Arends, David Farr, Lon Overson, and Cecil McConnell. Council members Wayne Olsen and John Law were absent. Also present were City Attorney Glenna Malanca, Deputy Clerk Paula Johnston, and Legislative Assistant Lori Smith. The meetin9 opened with the Pledge of Allegiance led by Council President Shepherd, and invocation given by Deacon Roy Mclnnis of Missionary Baptist Church. Council President Shepherd made the following announcements: (1) Prior to the meeting tonight, the Council held a 15-minute Executive Session in the Council Conference room to discuss "Review of Personnel Performance" per Chapter 42.30.110(1 )(g). CONSENT AGENDA- There were no Consent Agenda items this week. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090 have been recorded on a listing that had been made available to the Council. #0027 M/S/C/U (Montgomery/Arends) On October 6, 1999, the Council does approve for payment those vouchers included and further described as follows: 234942, and 234962 through 235104 in the amount of $268654.03; and Regular Payroll for the period ending September 30, 1999 in the amount of $912,658.84. COUNCIL MEMBER REPORTS Carlos Montgomery announced a Bremerton Ferry Advisory Committee meeting here in the Council Chambers Thursday, October 7, at 6:30 P.M. He also reported on his attendance at the Traffic Safety meeting, and offered a suggestion that the City remove the traffic lights, and go back to 4~way stops in downtown. Mayor Horton agreed with the idea of going back to 4- way stops, and has passed this recommendation on to the Engineering Department. Carol Arends invited the public to attend the next District 6-7-8 meeting on Thursday, October 28, 1999 beginning at 7:00 P.M. at the Bremerton School Administration Building at 134 N. Marion Avenue. The topic will be an update on the "Bremerton Gateway Project" with Lynn Price, the Project Manager, in addition to Mayor Lynn Horton, special guest for the evening. David Farr also encouraged citizens to attend the District 6-7-6 meeting. He also pointed out that The SUN had mistakenly printed his picture, with "Carlos Montgomery" as the name. Lastly, he also joined in with others who have requested the bags be removed from stoplights downtown, as they are confusing and pose a safety issue. TAPES #1651 & #1652 City Council Meeting Minutes October 6, 1999 Page 2 of 5 Cecil McConrlell stated he too has received a number of complaints regarding the bags over the traffic signals, and was also involved in a "near miss". The traffic parked on the sides of the street makes visibility impossible, and if it will remain a 2-way stop, he would like to see some parking removed. President Shepherd encouraged citizens to come to one of several events taking place downtown this weekend including the "All Artist Gala Evening" event at the Amy Burnett Gallery on Saturday, October 9, 1999 from 6:00 to 9:00 P.M.; and "Mortal Coil" presented by Evergreen Children's Theater at the Admiral Theater also on Saturday at 2:00 P.M. In addition, the "Kitsap Party" is this weekend at the Kitsap Mall in Silverdale from 8:00 P.M. to midnight. MAYOR'S REPORT Mayor Horton read a Proclamation to proclaim October 7 through 10, 1999 as USS SARATOGA CV-3, CV/CVA 60 Recognition Days". The Proclamation was received by Robert Sauter, who introduced members of the USS SARAOGA Association, Brad Senter, President, (who was here from Texas City, Texas); and Robert "Bob" Powell, Executive Board Member. The public was invited to attend a Memorial Ceremony for the Sailors and Marines who perished in major conflicts on Saturday, October 9, 1999 at 1:30 P.M. at Ivy Green Cemetery. LEGISLATIVE REPORT- There was no report this week. PUBLIC RECOGNITION Susan Brown thanked the Council for adding the "Public Recognition" item back on their meeting Agendas, and complimented the Council for responding to citizen concerns. In addition, she asked when the Ethics issue would be brought back for discussion. President She.Dherd responded that it would be an issue at the next Council Retreat, which has been postponed until after the election. Gordy Byrd stated that although he expressed complaints regarding certain aspects of Kitsap Transit at last weeks meeting, there are others at Kitsap Transit, such as drivers and office staff, who have treated him with respect, which he appreciates. With no further business meeting adjourned at 5:50 P.M. PAULA JOHNSTON, Deputy City Clerk MIKE SHEPHERD, Council President City of Bremerton P J/MS/Is C: Normal Distribution File TAPES #1651 & #1652 City Council Meeting Minutes October 6, 1999 Page 3 of 5 CITY COUNCIL MONTHLY STUDY SESSION: (1) SR 303 CORRIDOR (WARREN AVENUE. WHEATON WAy, & WAAGA WAY) ALTERNATIVE ANALYSIS STUDY Nita Jackson, Project Manager for the SR303 Alternative Analysis, reported the State Route (SR) 303 corridor extends SR 304 (Burwell Street) in Downtown Bremerton to SR 3/SR 303 Kitsap Mall Boulevard interchange in the Silverdale area of Kitsap County. She reported the purpose of the alternatives analysis is to (1) identify existing and future SR 303 deficiencies; (2) evaluate and recommend short and long-range transportation improvements; and (3) establish a framework to seek legislative action and funding for opportunities or programs meeting analysis objectives. The Washington State Department of Transportation (WSDOT) is managing the analysis, in cooperation with the City of Bremerton, Kitsap County and Kitsap Transit. Both the City of Bremerton and Kitsap County are funding partners. Jchn Perlic, Consultant Team Manager, discussed the overall analysis process that has been organized into four work phases: Phase 1- underway. Phase 2- Phase 3- Scope of Work Development and Inter-Agency Coordination to get the project Data collection, Existing and Future Deficiencies Identification. Alternatives Development and Evaluation. Phase 4 - Environmental Documentation - The improvements, strategies, and programs recommended in Phase 3 will be advanced to more detailed analysis and review as part of an Environmental Impact Statement (ELS) if warranted. Regular meetings will be held with 3 committees (Policy Advisory Committee; Technical Committee; and Stakeholders Committee) throughout the analysis process to provide input and direction. Interested persons are invited to attend any of the proposed committee meetings or other elements such as: 1) Public/Open Houses and Workshops; 2) Newsletters/Project Brochures; and 3) Local Jurisdiction/Regional Presentations. An 18-month project schedule to complete Phases 1-3 and begin Phase 4 has been developed starting in November and ending in April 2001. Randy Witt, City Engineer, closed with further comments on the proposed Committees, which are expected to start in mid-November. He asked that citizens address any questions on this subject to the City's Engineering Department at 478-5348, or Nita Jackson at (360) 357-2675. (2) BRIEF UPDATE OF CONSTRUCTION PROJECTS Randy Witt, City Engineer, described the incremental steps taken with traffic signals downtown, and is now recommending to not put the signals back on flash, but to go to 4-way stop control with stop signs, then removing the bagged signals. Discussion continued on the pros and cons of continuing to use the flashing signal lights at 4-way stops. It was reported that funding was still available through a C.D.B.G. grant for speed humps, so Roosevelt, the next street on the list, is expected to receive two humps between 6th & 10% in the next month or so. The safety issue of the State Street & Burwell intersection was mentioned, and though it doesn't fit into the "traditional" area of receiving money for traffic and safety improvements, other alternatives for funding are being looked into, such as working with Puget Sound Naval Shipyard. Lastly, a 4-way stop was requested at the corner of 9th Street & Wilbert. TAPES #1651 & #1652 City Council Meeting Minutes October 6, 1999 Page 4 of 5 The "Public Works & Utilities, Engineering Division, Monthly Statu~ Repofl" summarized the following: 1) Bremerton Transportation Center (BTC) Project; 2) Public Works Department Projects (Werner Road Corridor/West Hills Commercial Improvements; Callow CSO Priority 3 & 5; Burwell Hill Climb; 1999 Curb Cut Program; and 1999 Traffic Calming Program); 3) Engineering Division, Utility Projects (Miscellaneous Water Projects; W650 Zone Improvements; Anderson Cove CSO; Pump Station CW-2 Upgrade; Snyder and Ohio Avenue Sewers; CSO Reduction Plan Update; SR304 Transportation Improvement Project); and 4) Public Works & Utilities Projects (Evergreen Park Phase I Renovation; Evergreen Park Phase I1 Remediation; Manette Ballfield Improvements). (3) WATER SYSTEM PLAN UPDATE & ANNUAL WATER QUALITY REPORT Kathleen Cahall, Water Resources Manager, explained a "water system plan" is updated every 6 years as required by the Washington Administrative Code and by the Bremerton Municipal Code. The final plan must be approved by the City Council, and the Washington State Department of Health. The purpose of the plan is to identify present and future needs; set forth the means for addressing those needs; and to demonstrate the water system has the operational, technical, managerial, and financial capability to maintain compliance with all relevant regulations. Also discussed were details of the elements contained in the plan; how the plan relates to the City's Comprehensive Plan; and the special issues with this 1999 Water System Plan update. The proposed schedule for the first draft to the Department of Health is December of 1999; and to City Council for approval in July of the year 2000. Council member David Farr left the meeting at approximately 6:40 P.M. A copy of the Annual Water Quality Report was presented to the Council members, and it was reported that it would be provided to customers as required by the 1996 Safe Drinking Water Act Amendments. The first report to customers will be sent in October 1999. Subsequent annual reports will be sent before July each year thereafter. TAPE #1652 Council member Jim Reed left the meeting at approximately 6:50 P.M. (4) PROPOSED LONG-TERM LEASE FOR ELANDAN GARDENS diane Robinson, owner of Elandan Gardens, along with her husband Dan Robinson, are requesting a long-term lease, which would enable them to make commitments for future capital improvements to the site. A brief lease-agreement history was provided of the bonsai garden, as well as future plans, such as such as an aquarium, and possibly a restaurant. MS. Robinson stated she would like to receive a 50-year term, but was unaware of the legal opinion as to the maximum number of years legally allowed. If the maximum was only 10 years, she questioned if Council would object to putting the issue on the ballot to ask for a longer term. It was pointed out the negotiations for the terms of the lease would need to be done with the Administration, then the job of the Council would be to either approve or disapprove those terms. TAPES #1651 & #1652 City Council Meeting Minutes October 6, 1999 Page 5 of 5 Council member Lon Overson /eft the meeting at approximately 7:30 P.M. (5) KITSAP REGIONAL COORDINATING COUNCIL FINANCIAL PRESENTATION (REVENUE SOURCES; RESPONSIBILITIES FOR SERVICE PROVISIONS; AND RELATIVF BUDGTS FOR CITY & COUNTY) Mary McClure, KRCC Interim Director, provided copies of the KitsaP Regional Coordinating Council. Developing a Kitsap Cost & Revenue Sharing Method. Breaking the Logjam on Annexations & Incorporations". Visuals were shown as the following topics were summarized: 1) Populations for various cities in the County; 2) Total Capital and Operations Budgets for 1999; Budgets per Capita for 1999; 3) Services Provided with a breakdown of those services in the County and the City; 4) Kitsap County Property Tax Distribution for 1999; 5) Statutory Maximum Regular Levy Rates, in dollars per $1000 of assessed valuation; 6) Available Revenue Sources; 7) Indicators of Funding Capability; 8) KRCC Finance Work Group; 9) Areas of Consideration; 10) Fiscal Disparities Analysis; and 11 ) Where are we Now? In closing, County Commissioners, Mayors, City Council Members, and Finance Directors were invited to attend a KRCC-sponsored dinner planned for Thursday, October 21, 1999, beginning at 6:00 P.M., to be held at the Sandpiper Restaurant in Silverdale, (at a cost of $16.95 per person). The purpose of the dinner is to provide an opportunity for policy makers to talk together, and reach some conclusion about a regional approach to cost and revenue sharing. Study Session concluded at 8:30 P.M. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Reappointment of Gary Smith to the Public Access Citizens Advisory Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: October Executiv~ Mayor SeptembEr ~. 1QQ9 2. ~: (comment on back if necessary) 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The one year term of Gary Smith on the Public Access Citizens Advisory Committee. It is recommended he be reappointed to a two year term. 8. RECOMMENDATION: Motion to confirm the reappointment of Gary Smith to the Public Access Citizens Advisory Committee. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGR: 6. IMPACT ON STAFFING, BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: DEC. 4.1998 3:2?PM BRE~-RTOM HIGH SCH 360 478 5061 M0.501 r_. CITY OF BREMERTON APPLICATION FOR CITY BOARDS/COMMISSIONSICOMMrTTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be corrected before any action is taken on your appointment. (Please type or print clearly) NAME: HOME ADDRESS: ..~/~ ',;C"/~ /3/,/~ ~., z::7~ ~r_~'. OCCUPATION: ,~'"'~ C..~/,~'"/~, EDUCATION: C4,/.~ ~ PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFERENCES (name & phone number): INTERESTED IN SERVING ON (please check one or ! AM {) () () () () () Disability Action Committee Civil Service Commission(18 yrs. & older) Urban Forest Committee Cable Communications Advisory Committee Community De..vel0pment Block Grar~t Advisory Committee Youth Council Safe Streets Steering Committee Citizen's Commission on Council Salaries more): Planning Commission (18 yrs. ,~ order) Parks & Recreation Commissio;~ Ethics Commission Parking Advlsow Board Solid Waste Management ___ Bremerton Housing Authority Board of Appeals, Housing/Building Codes Mayor's Select C~mmlttee on I.aw Enforcement la this an application for reappointment? /L/O . If yes, how many years have you served on this o0mmission/committaa7 PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability. Additional perlinent information may be put on back. AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: W.C. Claims Administration Contract Extension - Johnston & Culberson ORIGINATING DEPT: Admin. Services ORIGINATOR: Pe~¥ Lesser DATE SUBMITTED: ~: (comment on back 3. EXHIBITS: if necessary) Underlying Admin. Svcs. Fiscal & Budge~~~~ Operations Contract ENDORSEMENT X INFORMATION APPROVED BY COUNCIL PRESIDENT EOR S~MI/PTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: The City self-insures its workers' compensation obligations and utilizes the services of a certified third party claims administrator to make claim payments. In March, 1996 Johnston & Culberson was selected to administer City claims after a formal RFP process. The current contract expires in January, 2000 and the City wishes to extend it for one additional year. The annual fee for this service will be $14,900 for the first 50 claims and $286 per claim for each claim after the first 50. 8. RECOMMENDATION: Motion to approve the amendatory endorsement services agreement with Johnston & Culberson, Inc. to the professional RESPONSIBLE OFFICIAL: P. Lesser ENFORCEMENT OFFICIAL: P..Lesser EXPIRATION DATE: !~/~o REVIEW DATE: 9/1/200Q PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DATE: DISAPPROVE~0BD 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The City will begin a formal RFP process to select another claims administrator. Significant take-over fees could be incurred. 6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EOUIPMENT OR OTHER RESOURCES Sufficient money has been budgeted for 2000. The annual fee is 4.2% higher than the cost for the previous 12 months. 7. RESEARCH SOURCES: 'nHNSTON [] CUIBERSON AMENDATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective, February 1, 2000, and continue through January 31, 2001, is entered into by Johnston & Cuiberson, Inc., hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED TIIAT: Item 4 of the March 1, 1996, Service Agreement is changed to reflect the following new fee: 0 SERVICE FEE: Employer agrees to pay fees defined in A & B below as service charge to Service Company. Those expenses in C, D & E will be borne by the Employer as necessary. For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company annual fees of $14,900, billed quarterly in advance, for the first 50 claims, $286 per claim therea~er. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $85 per hour for on-site consulting. All legal and allocated claims service expenses, which are incurred in the litigation of any claim, will be paid by the Employer. All costs of printing necessary forms, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. Eo A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WITNESS WHEREOF, the parties have caused this Amendatory Endorsement to be executed by the persons authorized to act in their respective names. Signed this __ of ,1999. Johnston & Culberson, Inc. Fred R. Culberson City of Bremerton By: Title: JOHNSTON CULBERSON AMENDATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective, February 1, 2000, and continue through January 31,2001, is entered into by Johnston & Cuiberson, Inc., hereinatter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED TItAT: Item 4 of the March 1, 1996, Service Agreement is changed to reflect the following new fee: e SERVICE FEE: Employer agrees to pay fees defined in A & B below as service charge to Service Company. Those expenses in C, D & E will be borne by the Employer as necessary. For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company annual fees of $14,900, billed quarterly in advance, for the first 50 claims, $286 per claim thereafter. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $85 per hour for on-site consulting. All legal and allocated claims service expenses, which are incurred in the litigation of any claim, will be paid by the Employer. All costs of printing necessary forms, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WITNESS WItEREOF, the parties have caused this Amendatory Endorsement to be executed by the persons authorized to act in their respective names. Signed this __ of ,1999. Johnston & Culberson, Inc. Fred R. Culberson City of Bremerton By: Title: SERVICE AGREE~-MENT TillS AGREEMENT, made and entered into March 1, 1996, between Johnston & Cuiberson, Inc., a Delaware corporation, hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". WITNESS THAT: WB:E~AS, Service Company is in the business of providing advice and administrative assistance as an independent contractor to Washington Self-Insured Employers subject to Workers' Compensation Law as defined, and Wlq'EREAS, Employer desires to employ Service Company as the claims administrator for its self- insured workers' compensation claims. TE[EREFORE, in consideration of the promises, covenants and obligations of the parties hereinafter set forth, it is agreed as follows: DEF~IITIONS: For purposes of this Agreement, the terms herein are understood and a~eed to be defined as follows: "Workers' Compensation Laws": With respect to the State of Washington shall include Title 51 of the Industrial Insurance Laws of the State of Washington. "Premium" is the workers' compensation premium required by the Workers' Compensation Laws which Employer otherwise would be required to pay of it were not a SeLf-Insured employer; such premiums are based on the Washington payroll hours of Employer and are determined by the rules, rates and experience modification provisions of the Workers' Compensation Laws. Until sufficient information is available to compute an experience modification factor, manual rates will be utilized. Co "Paid Claims Losses" are defined as all payments by Employer to workers for compensation, medical services, drugs, prosthetic devices, rehabilitation, transportation and any and all other benefits and payments required under said Workers' Compensation Laws. "Unallocated Claims Services" are defined as all normal administrative, investigative and adjustment services relating to a specific accident or occupational disease, including but not limited to: supervision of and timely issuance of checks for workers' compensation claims and mandatory vocational rehabilitation obligations to workers under the Workers' Compensation Laws as they become due and prior to delinquency; maintenance of all records required by the Workers' Compensation Laws or any agency charged with their enforcement, including records of all claims, statistical services, as defined in 1F below; documentation of all payment requests for workers and vendor; 1 periodic calculation of Employer's premium as defined in lB; preparation and filing on or before the applicable due date of all reports, statements or other documents required under the Workers' Compensation Laws; coordination with Washington Department of Labor & Industries as required; representation of Employer at all Hearings before the Board of Industrial Insurance Appeals and the Department of Labor & Industries of the State of Washington, where, in the opinion of Service Company, an attorney is not required; consultation with and concurrence from Employer before appointing legal counsel, when required; supervision and management of mandatory vocational rehabilitation for qualified injured workers of Employer; assistance in the selection of and subsequent supervision of outside parties classified under Allocated Claims Services and costs thereof, as defined in 1E below. Ail such activities shall be carried out pursuant to the terms ofth/s,agreement by salaried employees of Service Company. "Allocated Claims Service" costs are defined as the costs relating to specific accidents or occupational disease which costs are not related to Unallocated Claims Services as defined in 1D of this Agreement. Allocated Claims Services costs include, but are not limited to: court costs, court depositions, transcripts, subpoena costs, costs and materials for expert witnesses involving medical, legal or chemical questions, outside attorney fees, private investigation fees, vocational rehabilitation fees for qualified injured employees of Employer and any similar costs or expenses properly chargeable to the defense of a particular claim or to the protection of the subrogation rights of Employer not otherwise provided for under 1D of this Agreement. Allocated Claims Service costs are paid out of Employer's workers' compensation checking account with prior approval of Employer. "Statistical Services" are defined as the five (5) following reports to be produced by Service Company and distributed on a regular and timely basis to Employer. (2) (3) (4) (5) Monthly Loss Analysis Monthly Loss Summary Weekly Check List Monthly Check Register Annual Financial Report Additional reports may be furnished by Service Company upon request of Employer, at fees agreed upon by both parties. SERVICE COMPANY OBLIGATIONS: Service Company agrees to provide the following services to or on behalf of Employer. A. Unallocated Claims Services as defined in ID above, B. Statistical Services as defined in 1F above; 2 Loss Control Services and Training Programs as provided and set forth in the written proposal which include but are not limited to the following: (1) (2) (3) (4) Advice and consultation on a regular basis, including safety inspections, safety committee involvement, supervisory training noise level surveys, industrial hygiene testing, and recommendations on use of personal protective equipment. Providing information relating to specific safety topics as appropriate. Loss Control Andits Assistance in implementing Employer Loss Control Programs Neither the fight to provide these services and recommendations, nor the providing thereof nor any report thereon, shall constitute a representation by Service Company that such work places, operations and machinery are safe. Service Company shall use due care and reasonable diligence in the exercise of its powers and the performance of its duties under this Agreement. Service Company agrees to indemnify and hold harmless Employer and its directors, officers and employees against any and all losses, claims, lawsuits, settlements, judgment costs, penalties and expenses, including attorney's fees resulting or arising out of the negligent, dishonest, fi'audulent or criminal acts of Service Company in carrying out its duties under this Agreement. Service Company shall provide the Employer with on-going proof that it maintains current Professional Liability insurance coverage with minimum Limits of $1,000,000. EMiPLOYER OBLIGATIONS: Employer agrees that it will: Forward promptly to Service Company all reports of industrial or occupational diseases and workers' notices, complaints and correspondence relating to such claims. Cooperate with Service Company in regard to the administration of Claims and Loss Control Programs. Provide Service Company with appropriate payroll, financial and organizational information necessary for the completion of required State reports. Provide Service Company with sufficient data input for coding of administration units, locations and departments, for monthly Loss Analysis and Loss Summaries. Establish a checking account for Workers' Compensation expenditures and fund as necessary to insure sufficient amounts are present to pay all checks. Provide Service Company, on a timely basis, all pertinent Excess Insurance reporting requirements andJor reporting modifications for all annual periods for which claims administration services are provided. 3 Employer agrees during the term of this Agreement and for a period of one (I) year following its termination, it will not employ any person employed by Service Company during the terms of this Agreement without the prior written consent of Service Company. Indemnify and hold harmless Service Company and its directors, officers and employees against any and all claims, losses, settlements, judgment costs, penalties and expenses, including attorney's fees, resulting from or arising out of any functions of Service Company under this Agreement, or a claim for benefits under the applicable workers' compensation law, unless it is determined that liability therefore was the consequence of negligent, dishonest, fraudulent or criminal acts of Service Company or any of its directors, officers or employees. SERVICE FEES: mo Takeover Fee: For the assumption and future management of all claims incurred prior to the March 1, 1996, takeover date, Employer agrees to pay Service company a one-time fee of $150 for each open indemnity file. Ongoing Fees: For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company annual fees of $12,500, billed quarterly in advance, for the first 50 claims, $240 per claim thereafter. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $80 per hour for on-site consulting. C All Allocated Claims Services expenses which are incurred in the litigation of any claim will be paid by Employer. D All costs of priming necessary forms and checks, archive claim storage and retrieval fees. and all costs for First Aid/CPR training materials or materials used in developing audio/visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. A service charge of 1% per month (12% per annum) will be applied to all outstanding invoices thirty (30) days after date of invoice. 4 TERMINATION PROVISIONS: Either party may terminate this Agreement for any reason upon sixty (60) days written notice to the other party. Upon termination of service by written notice, a final accounting will be made of the fees payable to Service Company and any funds belonging to Employer in possession of Service Company, and any balance due either party will be promptly paid by the debtor party. Upon termination by Employer and as soon as reasonably practical, Service Company will turn over all claims files and ancillary work products on those claims to Employer or its designated representative. At a cost to be negotiated at the time of termination, Service Company may continue to administer existing claims at the request of Employer. CONFIDENTIALITY: It is understood and agreed that all statistical, financial and personnel data relating to Employer or any of its employees provided to Service Company by Employer, or any employee thereof, pursuant to this Agreement is confidential, and Service Company and its employees shall keep such information in the strictest confidence except to the e~ent necessary to perform the services to be rendered hereunder. ASSIGNMENT: Neither this Agreement, nor any part thereof, shall be assignable by Service Company, whether by operation of law or otherwise, without the prior whtten consent of Employer. Any attempted assigrtment without such prior written consent shall be null and void. GOVERN~G LAW: This Agreement shall be construed under and governed by the laws of the State of Washin~on. ENTYRE AGREEMENT: This entire Agreement between the parties is set forth herein. This Agreement supersedes and invalidates all previous agreements, both written and oral. It may not be amended orally and neither party shall be bound by any modification unless made in writing and signed by an authorized representative of the parties. No term or condition of this Agreement shall be deemed to have been waived nor shall there be an estoppel to enforce any provisions of this Agreement, except by a statement in writing signed by the party against whom enforcement of the waiver or estoppel is sought. 5 IN WITNESS WI~EREOF, the parties have caused this Agreement to be executed by the persons authorized to act in their respective names. Signed this ~ day of $om,~s~:oN & Cm_~EaSON, By~~~T~e: , 1996. Executive Vice President crrY OF BREMlgRTON Title: 6 AMEN-DATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective, October 1, 1996, entered into by Johnston & Culberson, Inc., hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED THAT: Item 4 of the Service Agreement is changed to reflect the following new fee: SERVICE FEE: Employer agrees to pay fees defined in A, B & C below as service charge to Service Company. Those expenses in D, E & F will be borne by the Employer as necessary. Takeover Fee: For the assumption and future management of all claims incurred prior to the March 1, 1996, takeover date, Employer agrees to pay Service Company a one-time fee of $150 for each open indemnity file. Oneoing Fees: For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company annual fees of $12,500, billed quarterly in advance, for the first 50 claims, $240 per claim thereafter. Loss Control Services: For Loss Control Services as defined herein as requested, Employer agrees to pay Service Company $80 per hour for on-site consulting. Employer agrees to pay Service Company fifteen percent (15%) of medical fee reduction savings and thirty percent (30%) of PPO-related savings billed to the respective claim files. 'All legal and allocated claims service expenses which are incurred in the litigation of any claim will be paid by the Employer. All costs of printing necessary forms and checks, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WITNESS Wlt-EREOF, the parties have caused this Amendatory Endorsement to be executed by the persons authorized to act in their respective names. Signed this ~ of ,1996. Johnston & Cuiberson, Inc. City of Bremerton Executive Vice President By: Title: .,OHNSTON CULBERSON AMENDATORY ENDORSEMENT City. of Bremerton Tiffs Amendatory Endorsement, which shall become effective, March 1, [997, and continue through August 31, 1997, is entered into by Johnston & Culberson, Inc., hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED THAT: Item 4 of the March l, 1996, Serv/ce Agreement is changed to reflect the following new fee: SERVICE FEE: Employer agrees to pay fees defined in A, B & C below as service charge to Service Company. Those expenses in D, E & F will be borne by the Employer as necessary. For all Claims, Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company fees of $6,560, billed quarterly in advance, for the first 25 claims,. $250 per claim thereafmr. Loss Control Services: For Loss Control Services as defined hereto, as requested. Employer agrees to pay Serv/ce Company $80 per hour for on-site consulting. Employer agrees to pay Service Company fifteen percent (15%) of medical fee reduction savings and thirty, percent (30%) of PPO-related savings billed to the respective claim files. All legal and allocated cla/ms service ex'-penses which are incurred in the litigation of any claim ~511 be paid by the Employer. All costs of printing necessary, forms and checks, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio- visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. A set,see charge of i% per month (i2% per minton), ~Vdl be applied on all outstandh~g invoices 30 days after date of invoice. IN WITNESS WHEREOF, the parties have caused this Amendatory Endorsement to be executed bv the persons authorized to act in their respective names. Signed this '-'~'3 C&of ~:,x.~x,_Q,,_, 1997. Johnston & Culberson. Inc. By: Title: Fred R. Culberson City of Bremerton Title: Executive Vice President JOHNSTON CULBERSON AMENDATORY ENDORSEMENT City. of Bremerton This Amendarorv Endorsement. which shall become effective. September I. 1997. and continue through Janua_n,' 3 l, 1999. is entered into by Johnston & Culberson, Inc.. hereinafter called "Service Company" and City of Bremerton. hereinafter called "Employer". IT IS AGREED TI-DkT: Item 4 of the March 1. 1996. Ser~'ice Agreement is changed to reflect the following new fee: SERVICE FEE: Employer agrees to pay fees defined in A. B & C below as service charge to Service Company. Those expenses in D. E & F will be borne by the Employer as necessary. For all Claims. Statistical and Accounting Services outlined herein, Employer agrees to pay Service Company fees of $13,650. billed quarterly in advance, for the first 50 claims. $260 per claim thereat~er. Loss Control Services: For Loss Control Services as defined herein, as requested. Employer agrees to pay Service Company $85 per hour for on-site consulting. Emplover/Arees to pay/rvice Compan?/~fteen percen/~/5%)of mjcal fee reduj~iien savin_~d-thirtv percent (30%)of P,Ci~-related savi~g~ billed to ~r~ respective cl~m filez( ' / Ail legal and allocated claims service expenses which are incurred in the litigation of any claim will be paid by the Employer. All costs of printing necessary forms, archive claim storage and retrieval fees and ali costs for First Aid/CPR training materials or malerials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. A sen'ice charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WITNESS WHEREOF, the parties have caused this Amendato~' Endorsement to be executed by the persons authorized to act in their respective names. Signed this -'~5 of f2V.~lc,4~ , 1997. Fred R. Culberson President City of Bremerton AMENDATORY ENDORSEMENT City of Bremerton This Amendatory Endorsement, which shall become effective, February 1, 1999, and continue through January 31, 2000, is entered into by Johnston & Cuiberson, Inc., hereinafter called "Service Company" and City of Bremerton, hereinafter called "Employer". IT IS AGREED TItAT: Item 4 of the March 1, 1996, Service Agreement is changed to reflect the following new fee: SERVICE FEE: Employer agrees to pay fees defined in A & B below as service charge to Service Company. Those expenses in C, D & E -Mil be borne by the Employer as A. For all Clatms Stanst~cal and Accounun Sermc · , ' ' ' g 5cfl~ ou ' rein, Empl3yer agrees to pay Service Company fees of $14,30(Y, billed quarterly in advance, for the first 50 claims, $272 per claim thereafter. Loss Control Services: For Loss Control Services as defined herein, as requested, Employer agrees to pay Service Company $85 per hour for on-site consulting. All legal and allocated claims service expenses which are incurred in the litigation of any claim will be paid by the Employer. All costs of printing necessary forms, archive claim storage and retrieval fees and all costs for First Aid/CPR training materials or materials used in developing audio-visual training programs, including associated shipping and handling and other incidental and special costs incurred in the provision of Loss Control Services will be paid by Employer. A service charge of 1% per month (12% per annum), will be applied on all outstanding invoices 30 days after date of invoice. IN WITNESS WHEREOF, the parties have caused this Amendatory Endorsement to be executed by the persons authorized to act in their respective names. Signed this ~ of kJ"; t54 ,~, a_{ ~_r, 1999. Johnston & Cu~r~on, Inc. Vice President City of Bremerton J 1. SUBJECT: 2000 CDBG Citizens Advisory Recommendation AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: October 13, 1999 ORIGINATING DEPT.: DECD ORIGINATOR: Deborah Peavler-Stewart DATE SUBMITTED: September 28, 1999 2. CLEARANCES: Director of Economic an~d Community Development City Attome~/~? 3. EXHIBITS: Recommendations ENDORSEMENT X INFORMATION 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City of Bremerton will receive an estimated $550,000 m Community Development Block Grant Funds for year 2000 from HUD. The City previously provided set-asides for the following activities: $90,000 for CDBG administration; $1~0.000 for the City's housing program; $20,000 to assist Bremerton Housing Authority C -o.~ ' . . . develop a plan ~e Westpark complex, $10,000 to assist E.D.C. carry out rmcroenterpnse activities; and $10,000 for ADA improvements to the Admiral Theater. Applications for the remaining funds were accepted on August 18. We received 28 applications requesting $877,471. City staff reviewed the applications to determine that they met threshold requirements and were consistent with HUD regulations. The Citizens Advisory Committee (Roy Mcinnes, Trna Davis, and David Willis) reviewed the applications, interviewed each applicant, and rated the project in accordance with the approved action plan. The Advisory Committee's recommendations are attached. 8. RECOMMENDATION: Move to approve the set asides and the Citizen's Advisory Committee recommendations as presented. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED AMENDED lOC AGENDA BiLL NO ~q '" 3{~8 41 2. CLEARANCE C:,OMMENTS: None 5. IMPACT ON NON-PASSAGE: Unable to submit required Action Plan to HUD 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES- None 7. RESEARCH SOURCES: OCT--i~--~9 WED 05:22 PM P. 01 Subjeot: Date: Jim Adi. ian _~ ~~~- Bremet'ton ~'ity Counel_l,~. Jeanie Johnson '. An.derson Cove Project 10-13-99 I am writing this letter Lu supper! of Agenda item 10. C, in particular the Anderson Cove proposed funding recommendations. I have been a property owner in that neighborhood for over 10 years and have observed the areas ehronlc decay to the point that many of the properties are worth less than they were 10 years ago. Many property owners have simply walked aw~y from their propertAes. I have eonverted one of my properties in the area to an adult home care facility and have been looking forward to some other improvements to take place. These have unfortunately been slow and minimal. It is simply impossible for any single property owner to make a substantial difference given the diverse number of owners and the very depressed market conditions we currently have in Bremerton. A concerted effort by the City to provide the necessary leadership and a focused and coordinated effort on this troubled neighborhood is exactly what is needed at this time. l am personally looking forward to working with Jeame Johnson in partnership with other property owners, residents of the area, and interest groups to commence the process of turning the area around. This can only be done successfully with the political and monetary support of the Cit~. When this project is successfully completed I sincerely believe that the City will very likely recoup their iavestment in Property taxes as the value of the properties in the area increases and the need for services decreases. Again, your support for this is strongly encouraged and will be sincerely appreciated. 2000 PUBLIC SERVICE RECOMMENDATIONS $82,500 AVA/LABLE Applicant: Kitsap Community Resources Proiect Description: CDBG funds will be used to provide emergency and transitional housing services for low income Bremerton residents. Amount Requested: $30,000 Amount Recommended: $20,000 Applicant: YWCA of Kitsap County Pro]ect Description: CDBG funds will be used to maintain staffing and operational costs for 2 FTE Client Advocates who will provide a comprehensive range of services for domestic violence victims and their children. Amount Requested: $25,000 Amount Recommended: $20,000 Applicant: Bremerton Foodline Project Description: CDBG funds will be used to supplement funding for the part- time salaries of the Executive Director and Supervisor of Operations, Driver and the Administrative Assistant. The Foodline provides emergency food assistance in Bremerton Amount Requested: $19,000 Amount Recommended: $19,000 Applicant: Bremerton Services Association--Chuckwagon I Proiect Description: CDBG funds will be used for meal costs by Chuckwagon. Chuckwagon will use volunteers to deliver 15,500 nutritious meals to 170 homebound, low-income elderly persons residing in Bremerton. Amount Requested: $14,000 Amount Recommended: $14,000 Applicant: Kitsap Sexual Assauk Center Pro.iect Description: CDBG funds will be used to provide crisis intervention, legal/medical advocacy, assessment of needs, counseling, case management, parent education and information and referral. Amount Requested: $15,000 Amount Recommended: $9,500 Applicant: Bremerton Foodline Project Description: CDBG funds will be used to supplement funding to purchase a new/used truck (10,000-12,000 GVW with hydraulic lift) to support the pick-up and deliver Foodline donations. Amount Requested: $12,000 Amount Recommended: $ -0- Applicant: Literacy Council Proiect Description: CDBG funds will be used to partially fund the salary of the Volunteer Coordinator which will allow 220 Bremerton residents to receive literacy services. Amount Requested: $7,534 Amount Recommended: $ -0- Applicant: YMCA Child Care Scholarships Project Description: CDBG funds will be used to provide scholarships which will enable thirty eight new low income and very low income children to participate in Latchkey childcare and summer camp. Amount Requested: Amount Recommended: $ -0- Applicant: Alternative Family Services Proiect Description: CDBG funds are requested to provide group and individual support services to the biological parents of children placed in foster care Amount Requested: $13,500 Amount Recommended: $ -0- Applicant: Playground Express Project Description: CDBG funds will be used to help staff the program that provides free organized recreation programs to children (ages 6-11) in their neighborhoods from June 19 through August 11.. Amount Requested: $16,000 Amount Recommen. de.,d: $ -0- A[}olicant: RMI-I Services Proiect Description: CDBG funds will be used to provide intensive mental health and drug/alcohol services to 8-13 untreated mentally ill adults in order to eliminate homelessness and increase their stability in the community. Amount Requested: $24,256 Amount Recommended: $ -0- Applicant: Alternative Family Services Proiect Description: CDBG funds are requested to provide two thirty hour groups to assist foster parents in supporting and mentoring to the biological parents of children in foster care. Amount Requested: $12,000 Amount Recommended: $ -0- Applicant: Bremerton Historic Ships Association Project Description: CDBG funds are requested to provide 2000 free admissions to the USS Turner Joy for Kitsap County School District field trips. Amount Requested: $12,000 Amount Recommended: $ -0- Aoolicant: Hubert Seaton Proiect Description: CDBG funds will be used to pay salaries to train a minimum of 25 youth to operate a computer. Amount Requested: $25,000 Amount Recommended: $ -0- (not interviewed) , 2000 HOUSING RECOMMENDATIONS $65,000 AVAILABLE Applicant: Kitsap Community Resources Project Description: CDBG funds will be used to provide weatherization and minor home repair services to 10 low income homeowner households in the City of Bremerton. Amount Requested: $50,000 Amount Recommended: $40,000 Applicant: City of Bremerton DECD Project Description: CDBG funds will be used to provide funding to hire 1 full time employee to perform code enforcement/project coordination in Anderson Cove. Amount Requested: $33,350 Amount Recommended: $25,000 Applicant: Habitat for Humanity Proiect Description: CDBG funds will be used to acquire land and infrastructure to build at least 1 home. Amount Requested: $30,000 Amount Recommended: $ -0- 2000 CAPITAL RECOMMENDATIONS $172,500 AVAILABLE Applicant: City ofBremerton-DECD Proiect Description:. CDBG funds will be used to develop a community garden and setting area on donated land in the Anderson Cove neighborhood. Amount Requested: $18,850 Amount Recommended: $18,850 ? Applicant: Bremerton Foodline Proiect Description: CDBG funds will be used to purchase and remodel an existing 4,000-6,000 square foot commercially zoned building that will be used to house the Foodline.. Amount Requested: $150,000 Amount Recommended: $150,000 Applicant: YWCA of Kitsap County Project Description: CDBG funds will be used to acquire and install an elevator at the multi-purpose facility located at 905 Pacific Avenue. Amount Requested: $30,000 Amount Recommended: $ 3,650 Applicant: City of Bremerton-Public Works Project Description: CDBG funds will be used to construct the highest priority sidewalk ramps as ranked from the City's ADA sidewalk access prioritization. Amount Requested: $20,000 Amount Recommended: $ Applicant: Kitsap Applied Technology Project Description: CDBG funds will be used to purchase 1.25 acres to construct a 12,000 square foot facility (west of Parker Lumber on Wheaton Way). The building will be used for training of individuals with developmental disabilities. Amount Requested: $40,000 Amount Recommended: $ ~0- Applicant: Kitsap Regional Libraries Project Description: CDBG funds will be used to construct handicapped accessible restrooms in the library building located at 612 Fifth Street. Amount Requested: $49,981 Amount Recommended: $ -(Y- Applicant: City of Bremerton -Public Works [] Project Description: CDBG funds will be used for the continuation of the previously funded project that will provide a pedestrian friendly facility linking the business district with adjoining residential neighborhoods and park. Amount Requested: $33,000 Amount Recommended: $~-0- Applicant: City of Bremerton-Parks Proiect Description: CDBG funds will be used to install fall zone material at the Warren Avenue Park, Kiwanis Park and Smith School. Amount Requested: $6,000 Amount Recommended: $ -0- Applicant: City of Bremerton -Parks Proiect Description: CDBG funds will be used to construct a restroom at Haddon Park. Amount Requested: $58,000 Amount Recommended: $ -0- Applicant: City of Bremerton-Public Works Proiect Description: CDBG funds will be used to construct traffic calming devises in low income areas. Amount Requested: $25,000 Amount Recommended: $ -0- Applicant: Greater Love Charities [] Proiect Description: CDBG funds will be used to purchase the building at 990 Sylvan Way and to make necessary improvements for a computer literacy center. Amount Requested: $50,000 Amount Recommended: $ -0-(not interviewed) Applicant: Project Prevention Proiect Description: CDBG funds will be used to acquire property that will be used to house an Internet Care where youth (5-12) can learn the operational procedures of a business. Amount Requested: $50,000 Amount Recommended: $ -0- tnot interviewed) , AGENDA BRElVIERTON CITY COUNCIL SUBJECT: Amendmem No. 1 to Professional Services Agreemem with Casne Engineering, Inc. for Pump Station FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: CW-2 Modifications October 13, 1999 DATE SUBMITTED: October 1, 1999 PW&U En~ineerin~ Div. Randy Witt, City En$ineer 2. CI,~A_RANCES: (comment on back ~c~~/ ..~ 3. Director, Public Works/Utilities .9~.7~~/'3 , A. Amendmem No. 1 City Attorney i'-5 City Treasurer "~.'q(.~' c..~----.--...-~ perafions Committee ~4~./(.~.' ~ffTX-~F~ ' aOeA=O COUNCIL PRESDENT/////~_/ 4. S~Y STATEMENT AND REQUlltEMENT FOR COUNCII, ACTION: Casne Engineering, Inc. was retained to provide electrical and instrumentation design services for the Sewage Pump Station CW-2 Modifications project. This project is now entering the construction phase. This Amendment No. 1 includes: Construction phase services for response to the contractor's anticipated requests for information and interpretation of contract documents, review of contractor's submittals, and testing and start-up assistance. This Amendment No. 1 also includes additional engineering se~r completion of the design. The total amount of this Amendment is $17,582, for a total contract amount of(~34,12~The requested action before the City Council is approval of Amendment No. 1 to the Professional Services---"' ~Agreemefit with Casne Engineering, Inc. 8. RECOMMENDATION: The City Council approve Amendment No. 1 to the Professional Services Agreemem with Casne Engineering, Inc. for $17,582 and authorize the Mayor to execute the same.. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OFACTION APPROVED DISAPPROVED 11. AGENDABILL NO: qq" 2Oq 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Completion of the pump station modifications may be delayed beyond the January 31, 1999 deadline mandated by the PSA consent decree. 6. IMPACT ON STAFFI31G, BUDGETS. FACILITIES. EQUIP~ OR OTBI;R RESOURCES: Staffing: Budget: Facilities/Equipment: No impact. No impact. This project is included in the 1999 budget No impact. 7. RESEARCH SOURCE Amendment No. 1 Professional Services Agreement Exhibit "A" The City of Bremerton, Washington (CITY) and Casne Engineering, Inc. (CASNE) have entered into a Professional Services Agreement (AGREEMENT) for electrical engineering services for a project generally described as: Sewage Pump Station CW-2, 1999 Modifications This AMENDMENT NO. 1 modifies the Scope of Work and Budget set forth in the AGREEMENT as follows: CITY shall pay CASNE, on an actual time and expense basis at the hourly rates set forth in Exhibit "A", attached hereto, to perform the Scope of Work set forth in Exhibit "A". CITY and CASNE further agree that CASNE shall not perform nor be paid for, services performed under Item 5 of Exhibit "A" before receiving CITY's further written authorization. This AMENDMENT NO. 1 increases the AGREEMENT from an amount not to exceed $16,600.00 to an amount not to exceed $34,182.00. Except as herein modified, the terms and conditions of the AGREEMENT shall remain in full force and effect. IN WITNESS WHEREOF, the parties have executed this AMENDMENT NO. 1 to the Professional Services Agreement the date and year indicated herein. For the CITY OF BREMERTON, Washington, dated this __ day of October, 1999. CASNE ENGINEERING, INC. Date: By: Robert Casne, President. Date: DEPARTMENTAL APPROVAL: CITY OF BREMERTON By: Lynn Horton, Mayor W.Eugene Sampley P.E., Director, P.W. & U. APPROVED AS TO FORM: City Attorney E-'CASNE ENGINEERING, IN ,. Electrical Engineering Consultants ~. 11~rH AVE. ~ 8urrE foo. ~m~E~ WA ~ 4254543555 September 30, 199g City of Bmrnerton 3027 Olympus Drive Bremerton, WA 98310 EXHIBIT A A~nfion: Tom Knuckey, Senior Engineer Subject: Bremerton WWP8 CW-2 Electrical Assistance During Con~mction In response to your request for a scope and fee estimate for assistance during construction, we propose the following tasl~: 1. Submittal Reviews of all electrical instrumentation and controls. The major Items will be: a. Conduit & Wire & Cable b. Boxes and handholes c. C-enset d. Service equipment e. Control 5'ystem package of enclosure, power panels, transformer, PLC, control components, UPS, level sensor, floats, limit switches, etc. f. Flowrneter We will provide prompt review and document alt our concerns in writing. We will review one set of resubmtttais per item only. 2. Contractor Questions: We will be available for contractor questions either directly or as the City wants to use us. Te:~ting at the Integrators Shop: We recommend and have specked thorough testing before shipment to the field. We first vedfy all components, their installation, labeling of components, terminals and wiling. Next we test full functio~aiity of all equipment and the programmed operation. Start up and Testing on site: With the shop testing complete we mostly focus on field devices, functionality, normal and emergency power testing and coordinated fresh water pump testing, along with transfer of OCM-3 and telemetry functioning by point. We will provide a list of all incomplete Items. Bellevue, WA ph: (42.5) 454-3555 [ax: (425) 454-8922 SEP-~O-19DD 1~: i~ ~SNE ENG I NEE~ I big ~25~5~555 City of Bremerton 09/30/99 Page 2 of 2 P.03/04 5. We have provided some time for additional services, only if authorized. 6. The negotiated fee to complete the design. Attached is our fee estimate. Please review and call if you have any questions. Sincerely, CASNE ENGINEERING, INC. Municipal Department Manager \\WILBUR\¥OL!~OC~\~9~g9048 Bremcr~,en CW.2\9~)48.<Ol\TomK~uckcy g-15-99~evl.~oc GCT-OE-1999 10:aS ~ASNE CASNE ENGINEERING, ~ _ ;. Electrical En,clineerin~l Consultants ..... I~ EHG t NEER l NG City of Bremerton WWPS - CW - 2 /~ Client Name Project Name Project Number 99048.501 42S4543=w~ P. 01/01 ~EE ESTIMATE WORKSHEET Date 9-30-99 File Fee Est Tab Fees9-15-99rev1 , , Phuai Task/: I Labor Code i Description of Task iSubmittal Reviews Conduit & Wire Boxes & Handholes Genset Service Equipment Control System Flowmeter Contractor Questions Testing at InteGrators Shop Start up & Field Tes,~ng ~Additional Services ~Complete CW-2 Design: Additional Design Meetings Change to 3-pump Design Modify Junction Box Type & Location Include Line Filters Extend Design Phase 3 Weeks ! Projecti Senior i Engineeri i ManagerjEngineer; (ENGR) (PM) (SE) ' $1~0 $99 $84 4 4 12 4 24 2 Auto CAD t(CADDR 16 16 16 20 Total Hours! 118 Expense Computation: Clerical twP) $47 Total $396 $396 $1,188 $396 $2,376 $198 $1,584 $1,584 $1,584 $1,980 S5,700 THE ABOVE RATES & FEES QUOTED AF~E VALID FOR A PERIOD OF 90 DAYS. Subtotal l Expensesi TOTALI $17,382 $200 $17,582 TOTAL P. 01 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: CSO REDUCTION PLAN UPDATE - PROFESSIONAL SERVICES AGREEMENT 2. CLBARAN, CE$~. i]12omment on back Dir~g~g'of l~blic Wo/k~&MZ~lities City asure . , ~ Co~mi.~.~_¢~ilFi. , .cal&BudgetC° Council Oper~tions Committe~e FOR AGENDA OF: October 13, 1999 ORIGINATING DEPT: Public Works & 1.3gls I ORIGINATOR: R. Witt. Ci~i' En(g~llb(01 DATE SUBMITTED: September ~0, lCf~ - 3. EXHIBITS: 1. Professional Services Agreement ENDORSEMENT~ INFORMATION [1 APPROVED BY COUNCIL PRESJ, D/ENT~OR SyBIVIITTAL: MAYOR~ ~, ~ ~ COU~CILP~SIDENT f~~/ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Update of the City's CSO Reduction Plan is required by State regulations. The plan provides the strategy for the City's continuing efforts to reduce CSO events into the Puget Sound as required by State regulations, DOE consent orders, and court orders. In addition to the plan update, this project includes development of predesign engineering reports for all remaining basins that require CSO reduction improvements with the exception of the Pine Road Basin. This project also includes additional engineering services for completion of the facility plan for the Anderson Cove Basin. The requested action before the City Council is approval of a contract with HDR Engineering for Professional Services. 5. RECOMMENDATION: The City Council approve the contract with HDR Engineering, Inc., for $349,300 for Professional Services, and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [1 TABLED [1 COUNCIL DIRECTIVE: (OVER) APPROVED [] 11. AGENDA BILL N%O~: qq'~ 2~0 2. CLEARANCE COMMENTS: 3. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: Development of engineering reports for six CSO Basins would not proceed which would delay follow-on design and construction. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT AND OTHER RESOURCES: Staffing: No Impact. Budget: This project is funded by a combination of the Department of Ecology's Centennial Clean Water Fund (grant funds), and Water Pollution Control Revolving Fund (loan funds.) This project is included in the 1999 budget. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT HDR Engineering Inc. THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and HDR Engineering (hereinafter referred to as "Consultant"). WITNESSETH: 1. SCOPE: Consultant a~ees to provide engineering services for development of an update to the City's existing CSO Reduction Plan as further described in the Scope of Work attached hereto and incorporated herein by this reference as Exhibit "A". 2. TERM: Contract shall commence on the date of this agreement and will terminate on December 31, 2000, unless otherwise extended by the City. 3. COMPENSATION: City shall pay Consultant compensation as follows: Total fees under this Agreement shall not exceed Three Hundred Forty-None Thousand Three Hundred Dollars ($349,300.00). Charges for services shall conform to the fee schedule attached hereto and incorporated herein as Exhibit "B". Consultant shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. If the description of services on the Proposal designates additional services which may be requested by the City, said additional services will be paid for by the City at the rate set forth in the Proposal, which sum may exceed the "not to exceed" amount set forth above. However, said services will only be performed, and compensated by the City after the City has directed such performance in writing. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that HDR Engineering, Inc. is a firm skilled in matters pertaining to Civil Engineering and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind neither the City or control employees of the City, contractors, or other entities. Within the performance of these duties. Consultant shall work under the direction of the Director of Public Works & Utilities. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by State law. PROFESSIONAL SERVICES AGREEMENT --1-- HDR.PSA - 10/16/98 6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this Agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes that have been declared delinquent. 7. INSURANCE AND HOLD }tARMLESS: Consultant shall provide professional liability or errors and omissions insurance of $1,000,000 per claim and comprehensive general liability insurance, including bodily injury and property damage, of at least $1,000,000 per occurrence. The City shall be named an additional insured on the comprehensive general liability insurance policy. Consultant shall, at all times, be responsible for the negligent or wrongful acts or failures to act of its personnel which occur or arise in any way out of the performance of this agreement. Consultant agrees to defend and indemnify and hold harmless the City, its appointed and elected officers and employees, from and against any and all liability, loss, costs, damage, and expense, including costs and attorney fees in defense thereof, because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including death at any time resulting therefrom, sustained by any person or persons, and on account of damage to property, to the extent arising out of the negligent performance of this Agreement, if such injuries to persons or damage to property is due to the negligence of the Consultant, its subcontractors, its agents or assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found to be caused by the negligence of the City. The parties have specifically negotiated to provide that Consultant defend, hold harmless, and indemnify the City for all claims, damages, and losses, including attorneys fees, arising from any claims of Consultant's employees for injuries covered by Title 51 RCW, and for which Consultant could not be held directly liable. 8. GENERAL CONDITIONS: a. Reports and Information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibits "A & B". c. Amendments - The parties hereby further agree that this Agreement cannot be amended PROFESSIONAL SERVICES AGREEMENT -2- or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA 98337 HDR Engineering 500 - 108th Avenue NE Bellevue, WA 98004-5538 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attomey Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. 11. STANDARD OF PERFORMANCE: The standard of care for all professional engineering and related services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of Consultant's profession practicing under the same or similar circumstances at the same time and in the same locality. 12. OPINIONS OF PROBABLE COST (COST ESTIMATES): Any opinions of probable project cost or probable construction cost provided by Consultant are made on the basis of information available to Consultant and on the basis of Consultant's experience and qualifications, and represents its judgment as an experienced and qualified professional engineer. However, since Consultant has no control over the cost of labor, materials, equipment or PROFESSIONAL SERVICES AGREEMENT -3- HDR.PSA - 10/16/98 services furnished by others, or over the contractor(s) methods of determining prices, or over competitive bidding or market conditions, Consultant does not guarantee that proposals, bids or actual project or construction cost will not vary from opinions of probable cost Consultant prepares. 13. CONSTRUCTION PROCEDURES: Consultant's observation or monitoring portions of the work performed under construction contracts shall not relieve the contractor from its responsibility for performing work in accordance with applicable contract documents. Consultant shall not control or have charge of, and shall not be responsible for, construction means, methods, techniques, sequences, procedures of construction, health or safety programs or precautions connected with the work and shall not manage, supervise, control or have charge of construction. Further, Consultant shall not be responsible for the acts or omissions of the contractor or other parties on the project. 14. RE-USE OF DOCUMENTS: All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project. Any reuse by the City for other than the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant, and City will defend, indemnify and hold harmless Consultant from all claims, damages, losses and expenses, including attorney's fees, arising or resulting therefrom. 15. HAZARDOUS MATERIALS: City represents to Consultant that, to the best of its knowledge, no hazardous materials are present at the project site. However, in the event hazardous materials are known to be present, City represents that it has disclosed to Consultant the existence of all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous waste, or radioactive material located at or near the project site, including type, quantity and location of such hazardous materials. It is acknowledged by both parties that Consultant' s scope of services do not include services related in any way to hazardous materials. In the event Consultant or any other party encounters undisclosed hazardous materials, Consultant shall have the obligation to notify City and, to the extent required by law or regulation, the appropriate governmental officials, and Consultant may, at its option and without liability for consequential or any other damages to City, suspend performance of services on that portion of the project affected by hazardous materials until City: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project site is in full compliance with all applicable laws and regulations. City acknowledges that Consultant is performing professional services for City and that Consultant is not and shall not be required to become an "arranger," "operator," "generator," or "transporter" of hazardous materials, as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990 (CERCLA), which are or may be encountered at or near the project site in connection with Consultant's services under this Agreement. If Consultant's services hereunder cannot be performed because of the existence of hazardous materials, Consultant shall be entitled to terminate this Agreement for cause on 30 days written notice. To the fullest extent permitted by law, City shall indemnify and hold harmless Consultant, its officers, directors, partners, employees, and PROFESSIONAL SERVICES AGREEMENT -4- ~iDR.PSA- 10/16/98 subconsultants from and against all costs, losses, and damages (including but not limited to alt fees and charges of Consultants, architects, attorneys, and other professionals, and all court or arbitration or other dispute resolution costs) caused by, arising out of or resulting from hazardous materials, provided that (i) any such cost, loss, or damage is attributable to bodily injury, sickness, disease, or death, or injury to or destruction of tangible property (other than completed Work), including the loss of use resulting therefrom, and (ii) nothing in this paragraph shall obligate City to indemnify any individual or entity from and against the consequences of that individual's or entity's negligence or misconduct. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Date: /o//o?/~/ ~ia~'~'~e~' ~-Se *x~°~c V'ce ~'d''e~xt CITY OF BREMERTON Date: DEPARTMENTAL APPROVAL: BY: LYNN S. HORTON, Mayor W. Eugene Sampley, Director of Public Works & Utilities APPROVED AS TO FORM: GLENNA MALANCA, City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT --5-- HDR.PSA - 10/16/98 ~0 EXHIBIT A CITY OF BREMERTON CSO REDUCTION PLAN UPDATE SCOPE OF WORK INTRODUCTION The City of Bremerton operates a combined sewer system with several overflow sites. WAC 173-245, "Submission of Plans and Reports for Construction and Operation of Combined Sewer Overflow Reduction Facilities," requires that municipalities with combined sewer overflow sites achieve the greatest reasonable reduction at the earliest possible date. This was interpreted to mean a reduction of overflows at each site to an average of one untreated discharge per year. This WAC requires affected municipalities to submit a plan for reducing combined sewer overflows (CSOs) to one event per year with a five year plan for achieving progress towards the compliance goal. The City completed the first Combined Sewer Overflow Reduction Plan in 1992 and has been proceeding ahead with projects proposed in the plan. The City has also been actively reducing overflows by stormwater separation projects and optimization of the conveyance and treatment capacity. Since the 1992 CSO Reduction Plan the City has implemented an extensive CSO monitoring program to record the frequency, volume and rates of overflows. These overflow records provide a description of the collection system response to storm events that was not available at the time of the preparation of the 1992 reduction plan. The purpose of this contract is for HDR Engineering, Inc. (Consultant or HDR) to update the City's CSO Reduction Plan. This plan will re-evaluate the improvements required for remaining overflow sites that have not reached the one event per year goal. The specific overflow sites and the corresponding drainage basins that will be included in this plan are' Drainage Basin Stevens Canyon Cherry Avenue East Park Tracyton Beach Trenton Avenue Pacific Avenue Overflow Site OF-2 OF-3 OF-4 OF-6 OF-7A and OF-7B OF-16 The Reduction Plan will be developed in accordance with the requirements of a Facility Plan per Code of Federal Regulations (CFR) 40.35. It will also be prepared in accordance with the Washington Administrative Code, WAC 173-240, Submission of Plans and Reports for Construction of Wastewater Facilities and WAC 173-245, City of Bremerton CSO Reduction Plan Update 1 Scope of Work Submission of Plans and Reports for Construction and Operation of Combined Sewer Overflow Reduction Facilities. Overflows at sites within Callow Avenue, Anderson Cove, and Warren Avenue Basins have been or will be reduced to the goal of one event per year by projects that have already been constructed or will be constructed in the near future. This Reduction Plan update will not propose additional CSO reduction improvements in these basins. The combined and sanitary sewer drainage basins identified above are based on the basin boundaries illustrated in Figure 1-2 of the 1992 CSO Reduction Plan. HDR will lead the development of the CSO Reduction Plan Update and will coordinate with activities required by the City. An additional task included in this contract is completion of the facility plan for Anderson Cove. SERIES 100 TASKS - PROJECT MANAGEMENT Task 101 - Project Management, Coordination, and Meetings Consultant Responsibilities: 1. Contracting and internal project controlling and accounting 2. Staff administration and scheduling 3. Subcontractor administration, 4. Monthly reports and invoices 5. Attend coordination and review meetings Assumptions: 1. Standard invoices and reports will be prepared on a monthly basis 2. HDR standard monthly invoice format will be utilized. This format contains an itemized list of project staff who charged to the project, hourly rates, number of hours charged, and Other Direct Charges (ODCs). 3. Invoice hours will be classified by tasks. 4. No backup information (i.e. timesheets, logs, receipts, etc.) wilt be submitted with the invoices unless specifically requested by the City. Backup information will be available in HDR files for inspection by City project auditing staff, if requested by the City. 5. The City will maintain the role of overall project coordination with other governmental agencies. 6. At this time no subconsultants have been identified for this work. 7. This project will be completed in eight months. Work Products: 1. Monthly reports with descriptions of the work performed and cost of associated work. 2. Monthly standard invoice City of Bremerton CSO Reduction Platt Update 2 Scope of Work SERIES 300 TASKS - COMPLETION OF THE ANDERSON COVE CSO REDUCTION PLAN Task 301 - Facility Planning Consultant Responsibilities: 1. Provide project management, system modeling and alternative analysis necessary to consider the following options for reducing CSOs in the Anderson Cove Basin: a. Diverting the flows from Basin 8 to the Callow Basin by rerouting the discharge piping from pump station CW-2. b. Increasing the discharge from Pump Station CW-1 to raise the minimum flow before an overflow occurs. c. Diverting the flows from Basin 12 to the Warren Basin by rerouting the discharge piping from pump station CW-2 or pumping directly into the Crosstown Pipeline. 2. Evaluate impacts on existing facilites, develop construction options and select recommended option for inclusion in the Facility Plan. 3. Incorporate additional CSO reduction options into the report. City Responsibilities: 1. Provide as-built information on the impacted conveyance systems and identify the existing conditions of the respective systems including existing and peak flows. 2. The treatment plant will be affected by the increased flow rate through the treatment plant during storm events. The City will be responsible for evaluating the treatment plant capacity with regard to increased flows. Assumptions: 1. The Crosstown Pipeline is in sound condition and there, are no defects, damages or other items that would limit the capacity to less than anticipated in design. 2. The Crosstown Pipeline will accommodate the test pressure identified on the original construction drawing A-29, "General Pipeline Design Data." 3. An estimate of the per acre flow from CSO areas will be used to estimate the existing flows within Callow Basin. Work Products: 1. An evaluation of impacts of increasing flows and changing conveyance routing of flows out of the Anderson Cove Basin summarized in the Alternative Evaluation section of the Facility Plan, 2. Design criteria established for the upgrade of Pump Station CW-2 so that the City may proceed with final design. The criteria will establish the peak design flow and the static head assuming a discharge point at 15th Street and Rainier Avenue. TASK 410 - ADDITIONAL ENGINEERING SERVICES ALLOWANCE Additional engineering services will include specific tasks requested by the City during the course of the project. No work can be completed on these tasks without prior written authorization by the City. Scope of services and budget for each individual task requested will be defined at the time of written authorization. An allowance has been established for this activity. City of Bremerton CSO Reduction Platt Update 3 Scope of Work FACILITY PLANNING TASKS SERIES 200 TASKS - BACKGROUND AND EXISTING SYSTEM DOCUMENTATION Task 201 - Planning Information Consultant Responsibilities: 1. Planning information provided by the City will be incorporated into a technical memorandum documenting the planning aspects of drainage basins within the planning area. The memorandum will describe the service area of the combined sewer system, the existing and projected population, and the existing and projected land use of the basin. The drainage basins that will be addressed in the plan are Stevens Canyon, Cherry Avenue, East Park, Tracyton Beach, Trenton Avenue, and Pacific Avenue. Assumptions: 1. Overflows at sites in the Callow Basin, Warren Avenue Basin, and the Anderson Cove Basin have been reduced to one overflow per year by projects that have been completed or are in the process of being completed. City Responsibilities: 1. Provide existing (1996) unrectified aerial photographs of the City in electronic 2. Provide sewers. 3. Provide 4. Provide 5. Provide 6. Provide 7. Provide 8. Provide · City base maps illustrating the known sanitary, combined, and storm Map format shall be in both AutoCAD and hard copy format. existing electronic GIS or other base mapping. utility maps identifying actual drainage basins to be evaluated. the existing and future population and land use projections. basin wastewater quality information. design standards required for both sanitary and storm sewers. documentation of: sensitive environmental areas, wetlands and flood plains, areas of historic and cultural importance. Work Products: 1. Four copies of a technical memorandum formatted as the planning section of the Reduction Plan. Review comments will be incorporated into the draft report of Task 403. Task 202 - Existing System Consultant Responsibilities: 1. Prepare an AutoCAD figure of the sanitary, combined, and storm sewer system to be included in the facility plan. The figure will be presented in 11 inch by 17 inch City of 8remerton CSO Reduction Plan Update 4 Scope of Work format. The figure will identify pump stations, major sewer conveyance trunks, and overflow structures. Estimates of the impervious area tributary to the combined, sanitary, and storm systems will be developed based on the known sources of inflow identified by the City. City Responsibilities: 1. Provide figures illustrating the existing combined, sanitary, and storm sewer system. The figures will be incorporated into the Existing System section of the Reduction Plan. 2. Continue conducting smoke testing of the basins being evaluated and will conduct limited dye testing and video inspections of the sewers. Prepare maps identifying the known sources of inflow to the combined sewer system and other defects identified in this effort. Maps will be in an AutoCAD format. 3. Provide details of the existing pump stations that serve the basin including the number of pumps per station, pumping capacities, pump motor sizes, design drawings if available, and record drawings if available. 4. Provide schematic drawings of the overflow structures and piping in the vicinity of the overflows will be provided to HDR. 5. Provide a description of the treatment plant and a summary of the design criteria and NPDES permit limits. Assumptions: 1. No further investigations will be conducted to identify sources of inflow other than the smoke and dye testing performed by the City. 2. No water quality characterization of the combined sewer overflow will be performed. 3. No sediment testing will be performed at the outfall of the overflow sites. Work Products: 1. Figures to be included in the Reduction Plan illustrating the sewer system. 2. Four copies of a technical memorandum formatted as the Existing System section of the Facility Plan. Review comments will be incorporated into the draft report of Task 403. Task 403- Reports Consultant Responsibilities: 1. A draft CSO Reduction Facility Plan prepared in accordance with the Department of Ecology requirements will be developed from the technical memorandums of the previous tasks. 2. Upon receiving review comments from the City, HDR will incorporate comments and submit a final Facility Plan. Comments returned to HDR from the City will include comments if any from the Washington State Department of Ecology (WSDOE). City of Bremerton CSO Reduction Plan Update 5 Scope of Work City Responsibilities: 1. Submit the Facility Plan to the Washington State Department of Ecology for review and approval. 2. Submit review comments of the draft Facility Plan to the Consultant. Assumptions: 1. HDR will work with the City in coordinating with the WSDOE; however, the City will be responsible for approval of the Plan and for submitting draft and final reports to the WSDOE and securing comments. Work Products: 1. Ten copies of the draft CSO Reduction Facility Plan. 2. Fifteen copies of the final CSO Reduction Facility Plan. An electronic copy of the final report in Word version 6.0 will also be provided to the City. CSO REDUCTION PLAN UPDATE TASKS SERIES 200 TASKS - BACKGROUND AND EXISTING SYSTEM DOCUMENTATION Task 203 - Existing Flows and Rainfall Consultant Responsibilities: 1. Develop dry weather flow characteristics from flow data collected by the City. 2. Estimate the infiltration rates in the basin based on the observed dry weather flows during both the wet and dry seasons. Infiltration will be expressed in gallons per day per acre of sewered area. 3. Develop estimates of per capita flow based on the dry weather flows and the population estimates provided. 4. Adapt rainfall patterns and design storms from the Anderson Cove CSO Reduction Facility Plan. 5. Describe in the report wet weather flow characteristics based on rainfall from specific storm events along with figures illustrating the combined sewer flow hydrographs and rainfall hyetagraphs. The information will be developed based on monitoring perfOrmed by the City. Flow analysis will be provided for all overflow sites within the City including the sites in Callow Avenue and Warren Avenue Basins. 6. The wet weather flow data will be evaluated to determine the level to which the system experiences rainfall induced infiltration and inflow. 7. Combined sewer overflow baselines established for each of the overflow sites have been established by the City and will be included in the report by reference. City Responsibilities: 1. Provide dry weather and wet weather flow data from the drainage basins along with the corresponding rainfall data acquired by the City. 2. Provide the CSO baselines for each of the overflow sites within the basin. City of Bremerton CSO Reduction Plan Update 6 Scope of Work Provide a chronology of combined sewer system improvements and modifications in each of the drainage basins including weir modifications, separation projects, catch basin flow slipping, diversions, and overflow structure improvements. Assumptions: 1. The baselines for the overflow sites within the City have been established and accepted by the Department of Ecology. Work Products: 1. Four copies of a technical memorandum formatted as a section of the Reduction Plan will be prepared summarizing the flow rate and volume characteristics of wastewater flows from the basins. Review comments will be incorporated into the draft report of Task 403. Task 204 - System Modeling Consultant Responsibilities: 1. Develop a HydraTM, Version 6.0 hydrologic and conveyance system model of City of Bremerton sanitary and combined sewer collection system. 2. The City has developed a conveyance system model for East Bremerton in a previous version of Hydram/Hydragraphics. This model will be converted to Version 6.0 and used as a basis for developing the City wide conveyance system model. 3. Trunk conveyance system piping for the combined sewer system will be developed for Callow Avenue, Warren Avenue, and Pacific Avenue basins. The trunk sewer system will be extended into Phinney Bay, Rocky Point, Oyster Bay and Sinclair Park Basins. 4. The model developed for the Anderson Cove Basin will be incorporated into the citywide model. 5. Document and include in the report the modeling parameters from the tributary drainage subbasins. 6. The model will be calibrated to wet season dry weather flows and to wet weather flows generated by the October 30, 1997 storm event. This storm was selected by the Consultant and the City as the design storm event during the development of the Anderson Cove CSO Reduction Plan. 7. Flows at diversion structures in the model will be established based on a separate hydraulic analysis of the specific structures. The analysis will establish rating curves that will be subsequently used in calibrating the model. 8. Where appropriate the consultant will apply the backwater analysis routines provided with the HydraTM software. 9. The model will incorporate information provided by the City in Task 202. 10. The model will be dynamic to facilitate alternative analysis. 11. The drainage subbasins will be defined to model the storm water runoff conveyed by the combined system. City Responsibilities: 1. The City will develop a storm drainage model for the Callow Avenue Basin in preparation for the design of the final separation project for this basin. Provide Ci0' of Bremerton CSO Reduction Platt Update 7 Scope of Work the estimated impervious area currently served by the combined system that will be intercepted by separation. The City will identify the amount of impervious area that is currently served by the combined system that will be separated. Assutnptions: 1. The HydraGraphicsTM model provided by the City defines the combined sewer system within East Bremerton. 2. The conveyance system defined in the model for East Bremerton will be verified and additional piping will be added as required for analysis of the combined sewer system. 3. Limited supplementary analysis and modeling may be used to evaluate specific features of the Bremerton collection system such as the Crosstown Pipeline. An Excel based spreadsheet model that was developed for this pipeline during the development of the Anderson Cove CSO Reduction Facility Plan will be used in conjunction with the HydraTM model. 4. Trunk sewers as defined for HydraTM modeling purposes serve 50 acres or more or experience flows in excess of 300 gpm. 5. The City will perform further development of the model to define collection sewers at a later date. 6. HDR will use the City's licensed copy of HydraTM, Version 6.0. At the conclusion of this contract the model files and the software will be turned over to the City. Work Products: 1. HydraTM model for the entire City calibrated to wet season dry weather and wet weather based on the October 30, 1997 storm. Up to three additional storms will be analyzed by the calibrated model and compared with overflow hydrographs. The analysis will be used to refine the model calibration. 2. Predicted flows for the selected design storm. Task 205 - Evaluation of Inverted Siphons Consultant Responsibilities: 1. Evaluate the existing inverted siphons from the East Bremerton overflow structures to Pump Station CE-1 and provide the following: a. Identify the existing capacity assuming unobstructed pipes. b. Recommend flow monitoring, pressure sensing equipment, and other improvements to be installed by the City. These will allow the flow rate in each of the siphons to be determined along with the system head in the siphons in East Bremerton. c. Develop a rating curve for the existing inverted siphons based on flow and pressure data collected by the City. Identify the reduction of capacity from what was calculated in item 1 a above as a result of obstructions and debris accumulation. d. Recommend capital improvements to achieve and maintain reliability and redundancy. e. Recommend operations and maintenance activities and procedures for the facility. City of Bremerton CSO Reduction Plan Update 8 Scope of Work Provide cost estimates and prioritization for the items identified in the preceding tasks. City Responsibilities: 1. Provide existing documentation on the construction of the inverted siphons and related infrastructure. 2. Provide existing operation and maintenance procedures and records. 3. Install flow monitoring and pressure sensing equipment in the siphons along with other improvements as required to make data available for item lc above of the Consultant Responsibilities. Assumptions: 1. The inverted siphons are partially blocked and the capacity is reduced because of solids accumulation in the pipes. Work Products: 1. Four copies of a technical memorandum documenting the analysis and evaluation of the inverted siphons including recommended improvements and suggested operation and maintenance procedures. Review comments will be incorporated into the draft report of Task 403. SERIES 400 TASKS - DEVELOPMENT OF CSO REDUCTION PLAN Task 401 - Assessment of CSO Reduction Alternatives Consultant Responsibilities: 1. The overall sewer conveyance system of the City will be evaluated to determine the available capacity and the hydraulic relationship of the tributary basins. It is known that several of the basins are hydraulically connected and optimization of the existing system may provide a viable method of reducing overflows. 2. Alternatives for reducing combined sewer overflows will be evaluated. The options include separation, storage, treatment, and increased conveyance. 3. A preliminary screening of each of the reduction alternatives noted above will be developed for each of the basins. The preliminary screening will be based on estimated levels of reduction that are required to meet the design criteria. 4. Separation will be evaluated with regard to effectiveness, inconvenience during construction, cost, operation, maintenance and potential water quality impacts associated with increasing the volume of direct storm water discharge. 5. Inline and offiine storage will be evaluated. The alternatives for reducing of overflows will be evaluated with respect to the one untreated event per year criteria of the Washington State Department of Ecology. 6. At-site treatment options will be considered that will treat flows up to the one event per year. 7. Odor, maintenance, operation, constructability, construction inconvenience, and costs will be considered in the alternative analysis. 8. Each individual reduction method (separation, storage, and treatment) will be evaluated independently for the seven overflow sites. Cio, of Bremerton CSO Reduction Plan Update 9 Scope of Work 10. 11. Alternatives will be developed with regard to feasible reduction improvements at individual sites or improvements for a group of sites. Lead and facilitate up to five workshops with City personnel to identify and develop CSO reduction alternatives. The calibrated HydraTM model will be used to evaluate proposed CSO reduction improvements. City Responsibilities: 1. Participate in alternative development workshops to identify possible reduction methods for each of the basins. 2. Provide cost estimates to increase the capacity of the wastewater treatment plant above the rated capacity. Develop costs for 1, 5, 10 and 15 million gallons per day increments of additional capacity. The estimates shall be comprehensive costs for all work associated with increasing the plant capacity including plant improvements, DOE review and acceptance, outfall improvements if necessary, and any other costs that would be required to increase the rated capacity. Assumptions: 1. Five, four-hour-long, alternative development workshops are planned. 2. No additional field testing or sampling of combined sewage, storm water, or sanitary sewage will be performed. 3. The assessment of water quality impacts of the reduction alternatives will be based on existing information provided by the City, criteria established in engineering texts, professional journals or publications, and good engineering principles and practices. 4. The existing storm drain outfalls are adequate for the existing storm drainage system and any additional flow generated by separation. No analysis has been included for evaluating or constructing improvements at the existing storm drain outfalls or siting a new outfall. Work Products: 1. Workshop agenda and notes will be prepared. 2. Four copies of a technical memorandum formatted as the Alternative Development and Analysis section of the Reduction Plan describing the feasible alternatives for reducing untreated overflows from the seven overflow structures. Review comments will be incorporated into the draft report of Task 403. Task 402 - Selected Alternative Consultant Responsibilities: 1. The selected alternatives from the previous alternative analysis will be refined and described in further detail. The capital cost estimate and the operation and maintenance costs prepared in Task 301 for the selected alternative will be expanded based on refined details established in this task. 2. Figures to be included in the report will be prepared to illustrate the proposed improvements at individual sites. CiO, of Bremertot, CSO Reduction Platt Update 10 Scope of Work City Responsibilities: 1. Review the selected alternatives. Work Products: 1. Four copies of a technical memorandum formatted as the Selected Alternative section of the Facility Plan will be prepared describing the selected alternatives for each site. Review comments will be incorporated into the draft report of Task 403. Ci0, of Bremerton CSO Reduction Plan Update 11 Scope of Work EXHIBIT B - COMPENSATION Compensation for Consultant's services under this Contract shall be on the basis of an hourly rate equal to Direct Labor Cost times a multiplier of 3.3 to be paid as total compensation for each hour an employee works on the project, plus Reimbursable Expenses. Direct Labor Cost shall mean salaries and wages, (basic and overtime) paid to all personnel engaged directly on the project. The Direct Labor Rates for the key individuals proposed for this project are summarized below. These rates are for the calendar year 1999. It is anticipated that there will be an adjustment of rates of approximately four percent in January 2000. The adjustments have been incorporated into the project budget and will not affect the not-to-exceed contract amount identified in paragraph 3 of the Professional Services Agreement. Individual Position Rate Eric Bergstrom Project Manager $36.00 Jim Peterson Senior QMQC $47.13 Maeve Daugharty Project Engineer $20.15 The amount of any sales tax, excise tax, value added tax (VAT), or gross receipts tax that may be imposed on this Agreement shall be added to the Consultant's compensation as Reimbursable Expenses. Reimbursable Expenses shall mean the actual expenses incurred directly or indirectly in connection with the project for transportation travel, subconsultants, subcontractors, computer usage, telephone, telex, shipping and express, and other incurred expense. Consultant will add five percent (5%) to invoices received by Consultant from subconsultants and subcontractors to cover supervision, administrative, and insurance expenses. Charges for reimbursable expenses incurred by the consultant will be at the following rates. Miscellaneous: Travel: Copying: Plotting: Phone: Fax: Computer: Postage at cost Mileage at 31.5 cents per mile Other travel expenses at cost Standard at 10 cents per page In-house: 1 lx17: $3.00 per sheet 22x34: $7.00 per sheet HP755 color: $8.50 per sheet Outside: At cost At cost 55 cents per page for outgoing faxes No charge for incoming faxes Engineer at $10 per hour CADD at $15 per hour City of Bremerton CSO Reduction Plan Update 12 Scope of Work The approximate distribution of costs with respect the tasks are as follows. Task Descripton Estimated Cost 101 Project Management $19,900 301 Complete Anderson Cove Facility Plan $19,500 410 Additional Engineering Services Allowance $35,000 Subtotal $74,400 FACILITY PLANNING TASKS 201 Planning Information 202 Existing System 403 Reports $6,700 $20,800 $21,800 Subtotal $49,300 CSO REDUCTION PLAN UPDATE TASKS 2O3 204 205 401 402 Existing Flows and Ra/nfall System Modeling Evaluation of Inverted Siphons Assessment of CSO Reduction Alternatives Selected Alternative $42,000 $63,700 $9,50O $85,000 $25,400 Subtotal $225,600 TOTAL $349,300 City of Bremerton CSO Reduction Platt Update 13 Scope of Work AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services Agreement and Extensions FOR AGENDA OF: October 13, 1999 ORIGINATING DEPT: Legal ~_~ ORIGINATOR: Glenna Malan~"City Attorney DATE SUBMITTED: October 6, 1999 ~iscal & Budgeb/Comm~ttee~ Operations Co~ittee on back if necessary) 3. EXHIBITS: Professional Services Agmt: Marten & Brown Professional Services Extensions: Elms & Flynn Ogden Murphy Wallace ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL COUNCIL PRESIDENT P RE S I DENT/FO~R~'~M ITT AL: 4. SUMM~RY STATEMENT ~ REQUIREMENT FOR COUNCIL ACTION: The City has retained counsel to provide legal services in areas of expertise. Upon occasion a new law firm is asked to provide services based on their expertise on a current lawsuit involving the City or extend their services for additional time when the City is satisfied with the current services being received and are in litigation. Marten & Brown will be asked to provide services relating to environmental law for a period ending December 31, 2001; Ogden Murphy Wallace to include environmental law services ending December 31, 2001; and Elms & Flynn to continue workers' compensation services ending December 31, 2001. 8. RECOMMENDATION: Motion to approve the professional services agreement with Marten & Brown; approve extensions to existing professional services agreements of Ogden Murphy Wallace and Eims & Flynn ending December 31, 2001. Record Motion: Motion to approve one (1) agreement for legal services with Marten & Brown and two (2) extensions to existing professional services agreements with Ogden Murphy Wallace and Eims & Flynn until December 2001. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED COUNCIL DIRECTIVE: 5. ~ACT OF NON-PASSAGE: Overload upon City resources to detrimental of other responsibilities. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES~ EQUIPMENT OR OTHER RESOURCES: Marten & Brown - City legal staff is currently handling most of the City's litigation. This case involves a large quantity of discovery materials and will require a substantial staff. Provision for these legal services are in the Public Works budget. The City Attorney's office will retain as much of the legal work as possible. Ogden Murphy Wallace - Continuing work in area of this firms expertise. major projects. Not Eims & Flynn - Workman's compensation management covered by current budgets. 7. RESEARCH SOURCES: PROFESSIONAL SERVICES AGREEMENT MARTEN & BROWN THIS AGREEMENT is betw~ the City ofBremerton, a municipal corporation (hereinaiter referred to as "City") and Marten & Brown (hereinafter referred to as "Retained Counsel"). WITNESSETH: 1. SCOPE: Consult with City Attorney's office and represent the City under the direction of the City Attorney on matters relating to Land Use and Environmental Law. 2. TERM: Contract shall commence on October 1, 1999 and will terminate December 31, 2001, unless otherwise extended by the City. 3. COMPENSATION: City shall pay Retained Counsel the following hourly rates: Gillis E. Reavis Senior Partners Junior Partners Two Hundred Two Dollars and 50/100 ($202.50) Two Hundred Thirty-eight Dollars and 50/100 ($238.50) One Hundred Fifty-seven Dollars and 50/100 ($157.50) for all services provided hereunder, excluding costs and expenses, provided Retained Counsel may also bill at a lesser hourly rate for the attorney services of legal professionals retained. All needed secretarial and support staff services are included in said hourly rotes. This agreement shall not exceed Seventy-five Thousand Dollars ($75,000). The City shall reimburse for any long-distance telephone calls, facsimile costs, photocopying, filing fees, messenger fees, mileage and ferry fees, on-line computer time and similar out-of-pocket costs, excluding meals, seminar and convention fees, and charges of a similar nature. Retained Counsel shall submit regular statements describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Retained Counsel is a firm skilled in matters pertaining to law and will perform independent functions and respons~ilities in the area of its particular field of expertise. Retained Counsel and its personnel shall act as independent contractors and not employees of the City. As such they have no authority to bind neither the City or control employees of the City, contractors, or other entities. Within the performance of these duties, Retained Counsel shall work under the direction of the City Attorney. 5. INDUSTRIAL INSURANCE: Retained Counsel agrees to provide for State industrial insurance coverage for its personnel as required by State law. PROFESSIONAL SERVICES AGREEMENT --1-- Reavis. PSA- 10/4/99 6. LICENSE AND TAXES: Retained Counsel shall possess a current Bremerton Business License and any regulatory license required to fulfill Retained Counsel's obligations under this Agreement. B & O taxes shall be paid when due and Retained Counsel by this Agreement, assigns any payments due under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreemem, Retained Counsel shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $500,000.00 against professional liability for errors and omissions in connection with the work to be performed by Retained Counsel under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. Retained Counsel sba_l[ at all times, be solely respons~le for the acts or failures to act of its personnel which occur or arise in any way out of the performance of this Agreemem. Retained Counsel agrees to save and hold the City, its personnel and officials, harmless fxom all costs, expenses, losses, and damages, including the cost of defense, incurred as a result of any acts or omissions of Retained Counsel personnel relating to the performance of this Agreement. 8. GENERAL CONDITIONS: a. Compliance w/th State, Local and Federal Laws - Retained Counsel agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. b. Applicable Law; Venue - This Agreemem shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. c. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Retained Counsel shall not discriminate in employmem or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Retained Counsel is advising the City as of the effective date of termination. PROFESSIONAL SERVICES AGREEMENT -2- Reavis. PSA- 10/4/99 IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. MARTEN & BROWN Date: BY: GILLIS E. REAVIS CITY OF BREMERTON Date: BY: LYNN S. HORTON, Mayor DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY, Director of Public Works & Utilities APPROVED AS TO FORM: GLENNA MALANCA, City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT -3- Reavis. PSA- 10/4/99 PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Extension This agreement is by and between the City of Bremerton (hereina~er "City") and Eims & Flynn (hereinafter "Retained Counsel"); and is made and entered into pursuant to the provisions of Chapter 39.34 RCW. WITNESSETH: WHEREAS, the parties emered into a two year professional services agreement for legal services to be provided to the City by Retained Counsel on October I, 1997; and WHEREAS, the parties wish to extend the agreemem until December 31, 2001; NOW THEREFORE, in consideration of the mutual covenant hereinatter stated, the parties hereto agree as follows: 1. Section II. Term, is amended to read: The term of this agreement is October 1, 1999 to December 31, 2001. All other terms and conditions of the parties October 1, 1997 Professional Services Agreemem shall remain in full force and effect unless inconsistent with this agreement. Dated this day of ,1999. CITY OF BREMERTON BY: BY: LYNN S. HORTON, Mayor APPROVED AS TO FORM: GLENNA MALANCA, City Attorney BY: EIMS & FLYNN KATHRYN I. EIMS DEBORAH K. FLYNN RECEIVED FOR FILING: KATHLEEN McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES EXTENSION Eims&Flynn.EXT - 9/30/99 PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Extension This agreement is by and between the City of Bremerton (hereinafter "City") and Odgen, Murphy, Wallace (hereinafter "Retained Counsel"); and is made and entered into pursuant to the provisions of Chapter 39.34 RCW. WITNESSETH: WHEREAS, the parties entered into a two year professional services agreement for legal services to be provided to the City by Retained Counsel on October 1, 1997; and WHEREAS, the parties wish to extend the agreement until December 31, 2001; NOW THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: 1. Section I. Scope, is amended to included: C. ENVIRONMENTAL LAW: Suits and claims for nuisance, inverse condenmation, trespass or takings. State or Federal administrative actions or private claims under CERCLA, MTCA and Federal Clean Water Act. *Non-exclusive - City reserves the right to assign cases in this litigation area to alternate counsel, in its sole discretion, based on issues and exposures presented by the case. 2. Section II. Term, is amended to read: The term oftkis agreement is October 1, 1999 to December 31, 2001. Ail other terms and conditions of the parties October 1, 1997 Professional Services Agreemem shall remain in full force and effect unless inconsistent with this agreement. Dated this day of ~, 1999. CITY OF BREMERTON OGDEN MURPHY WALLACE BY: BY: LYNN S. HORTON, Mayor APPROVED AS TO FORM: BY: GLENNA MALANCA, City Attorney RECEIVED FOR FILING: KATHLEEN McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES EXTENSION Ogden, Murphy, Wallace. EXT - 9/30/99 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Ordinance 9 Amending Section 6.02 Waste Management Advisory Committee FOR AGENDA OF: October 6, 1999 ORIGINATING DPT. Administrative OIGINATOR: Kathle~~ Srv..~ DATE SUBMITTED: 2. CLEARANCES: (comment on back .. if necessary) Operations ~5~r~ ~/'z/'~z<-~i~z ~Z~ V 3. EXHIBITS: Ordinance ENDORSE~IENT/~ INFORMATION APPROVED BY COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The ordinance changes committee membership to reflect two council members rather than one and two citizens rather than three. The other members remain the same. RECOM~ENDATION: Motion to approve Ordinance on first reading. Motion to pass Ordinance # on second reading. 9. RESPONSIBLE OFFICIAL: Admin. Srv. ENFORCEMENT OFFICIAL: Admin. Srv. REVIEW DATE: n/a PULLED TABLED COUNCIL DIRECTIVE: t0. APPROVED NOTICE OF ACTION DISAPPROVED DATE: 11. AGENDA BILL NO: CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.) : 5. IMPACT ON NON-PASSAGE: Committee membership remains the same. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES None 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE amending section 6.02.110 of the Bremerton Municipal Code Chapter 6.02 Solid Waste Management. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Amendment: Chapter 6.02 Solid Waste Management is hereby amended as follows: 6.02.110 Membership and Terms of Office. (a) The committee shall be comprised of seven members, including: City Council Members (--1-) Public Works & Utilities Director or designee (1) Administrative Services Director or designee (1) City Attorney or designee (1) Bremerton Citizen Members (-3-) (b) The members of the committee are encouraged to maintain dialogue with and obtain advisory input from representatives of: Washington State Department of Ecology; Washington State Department of Trade and Economic Development; Washington Utilities and Transportation Commission; Association of Washington Cities; Kitsap County Solid Waste Manager; Bremerton Kitsap County Board of Health; Washington Waste Management Association; Kitsap County Solid Waste Advisory Committee. (c) Citizen members shall be appointed and removed by the Mayor with the concurrence of the City Council. Citizen members shall be appointed for terms of two years. The City Council President shall appoint the Council Member, who ~.~.~!~ shall serve as Chair. Section 2. Effective Date. This ordinance shall become effective ten (10) days after passage and publication. Approved by the City Council of the City of Bremerton this __ 1999. day of Passed by the City Council of the City of Bremerton this __ 1999. day of Approved this __ day of MIKE SHEPHERD, Council President , 1999. Attest: LYNN S. HORTON, Mayor KATHLEEN L. McCLUSKEY, City Clerk &GENDA BILL BREMERTON CITY COUNCIL SUBJECT: Ordinance Establishing a Bremerton Police Reserve Officer Board of Trustees and Creating a New Chapter of the Bremerton Municipal Code / / FOR AGENDA OF: /O//~~/~? ORIGINATING DEPT: ~ ORIGINATOR: DATE SUBMITTED: 2. ~: (comment on back 3. if necessary) Ordinance No. Attorney Police ~~.~~ Admin. Svcs. ~F<~~ ~ - . Fiscal & Budget~.~.~ Operations 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: As a result of legislation enacted during the last session, police reserve officers are now eligible for expanded benefits provided under the Volunteer Firefighters' and Reserve Officers' Relief and Pension Act. For the first time, police reserve officers, are eligible for medical benefits as well as disability and survivors' benefits for injuries incurred in the performance of police reserve duties. In order to participate, the City must adopt an enabling ordinance and create a Reserve Officer Board of Trustees. 8. RECOMMENDATION: Motion to approve ordinance on first reading, creating Chapter 2.98 of the BMC and authorizing the Risk Manager to withdraw coverage for Bremerton Police reserve officers under the industrial insurance program. Motion to pass Ordinance No. on second reading creating Chapter 2.98 of the BMC and authorizing withdrawal of coverage for Bremerton Police reserve officers under the industrial insurance program. RESPONSIBLE OFFICIAL: Admin. Svcs, ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVEDDATE: DISAPPROVE~NDED 11. AGENDA BILL NO: ~ q, ~%3 2. CT.RARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES~ EOUIPMENT OR OTHER RESOURCES The current cost of participation in the medical/disability/death benefits program is $60 per year per reserve officer. These costs will be paid from the Risk Management Fund. 7. RESEARCH SOURCES: ORDINANCE NO. AN ORDINANCE establishing a Bremerton Reserve Officer Board of Trustees to administer relief provisions of RCW 41.24 THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. New Chapter. A new chapter is hereby added to the Bremerton Municipal Code to read as follows: CHAPTER 2.98 BREMERTON RESERVE OFFICER BOARD OF TRUSTEES 2.98.005 EXTENSION OF RELIEF PROVISIONS The City of Bremerton extends the relief provisions of RCW 41.24 to Bremerton Police Reserve Officers, pursuant to RCW 41.24.400 2.98.010 ESTABLISHED. There is established a Bremerton Reserve Officer Board of Trustees, hereinafter referred to as the "Reserve Officer Board", which shall administer the relief provisions of RCW 41.24 extending to City of Bremerton reserve officers specified medical, death, and disability benefits made necessary from death, sickness, injury, or disability arising in the performance of reserve officer duty. 2.98.020 MEMBERSHIP AND TERMS OF OFFICE. (a) The Reserve Officer Board shall consist of the following five members: (1) The Mayor, or designee (2) One member of City Council, or designee (3) The City Clerk (4) The Police Chief (5) One reserve officer, elected by Bremerton reserve officers (b) Terms of appointment for the members identified in (1) and (2) shall continue until successors have been designated. The reserve officer member shall serve for one year after election by Bremerton reserve officers. In the event that an elected reserve officer is unable to complete the elected term, a successor shall be elected as soon as feasible. 2.98.030 SALARIES AND PERSONAL EXPENSES. Reserve Officer Board Ordinance - Page - 1 9/21/9 9 The members of the Reserve Officer Board shall receive no salaries or other remuneration for their services in such capacity, and shall not be entitled to personal expenses incurred by them in the discharge of their official duties, except when such expense is first author/zed and approved in advance by the Mayor. 2.98.040 OFFICERS. The Reserve Officer Board shall elect a chairman and vice chairman by a simple majority of the members present. The officers so elected shall serve for a term of one year. Thereafter annually, new officers shall be elected by the Reserve Officer Board and shall serve until their successors are elected. A vacancy in any position of any office of the Reserve Officer Board shall be filled by a vote of a simple majority of the members present. 2.98.050 RULES OF PROCEDURe. Any action to be taken by the Reserve Officer Board shall require the concurrence of a simple majority of the members qualified to vote. 2.98.060 COMPLIANCE WITH CODE OF ETHICS. The Reserve Officer Board shall comply with the city code of ethics ordinance codified as Chapter 2.96. 2.98.070 DUTIES AND RESPONSIBILITIES. The Reserve Officer Board shall have the following specific functions: (a) Provide for the enrollment of all Bremerton reserve officers under the relief provisions of RCW 41.24, the Volunteer Fire Fighters' and Reserve Officers' Relief and Pension Principal Fund (b) Initially hear and decide all applications for relief (c) Pass on all claims and direct payment thereof from the Washington state Volunteer Fire Fighters' and Reserve Officers' Relief and Pension Principal Fund created under RCW 41.24 to those entitled thereto. (d) Provide for the payment of the annual fee for each reserve officer enrolled under the relief provision of the Washington state Volunteer Fire Fighters' and Reserve Officers' Relief and Pension Principal Fund (e) Keep a public record of all proceedings and of all receipts and disbursements made by the Reserve Officer Board (f) Make an annual report of its expenses and disbursements with a full list of the beneficiaries (g) Make all required reports to the State Board for Volunteer Fire Fighters and Reserve Officers Reserve Officer Board Ordinance - Page - 2 9/21/99 2.98.080 MEETINGS. The Reserve Officer Board shall meet on the call of its chair on a regular monthly meeting day when there is business to come before it. The chair shall be required to call a meeting on any regular meeting day at the request of any enrolled reserve officer or his or her beneficiary claiming relief. 2.98.090 NON-PARTICIPATION IN THE RETIREMENT PENSION PROVISIONS OF RCW 41.24. The City shall not provide retirement pension benefits to its reserve officers under the provisions of RCW 41.24 and the Reserve Officer Board has no authority to administer any retirement pension provisions of that chapter. Section 2. Effective Date. This ordinance shall become effective ten (10) days after passage and publication. APPROVED by the City Council of the City of Bremerton this __ ,1999. day of PASSED by the City Council of the City of Bremerton this __ ,1999. day of MIKE SHEPHERD, Council President APPROVED this __ day of ,1999 ATTEST: LYNN S. HORTON, Mayor KATHLEEN McCLUSKEY, City Clerk Reserve Officer Board Ordinance - Page - 3 9/21/99 AGENDA BILL 1. SUBJECT: ~c~,n.~ ;~c.d,~, J~. ~-7 Ordinance Amending Chapte~ 10.11 of the Bremerton Municipal Code BREMERTON CITY COUNCIL FOR AGENDA OF: Ss~tc.r~bc~ 29, 1999 ORIGINATING DEPT: Legal ORIGINATOR: Glenna Malanc City Attorney~ DATE SUBMITTED: September 23, 1999 Fiscal & Budget Committee Operations Committee ENDORSEMENT ~ INFORMATION [ ] back if necessary) 3. ~IBITS: Ordinance No. ~7 APPROVED BY COUNCIL PRESIDENT//FOR~SU~ITTAL: couNciL 4. SUMMARX STATKMENT AND REQUIREMENT FOR COUNCIL ACTION: The attached Ordinance amends Chapter 10.11 by providing that the relocation of a conveyance or motor vehicle within five hundred (500) feet and in a public right-of-way is to be considered the same location of the parking prohibition of seventy-two (72) hours or more in a public right-of-way. 8. RECOMMENDATION: That the City Council approve the proposed ordinance which provides that the relocation of a conveyance or motor vehicle within five hundred (500) feet and in a public right-of-way is to be considered the same location for the parking prohibition of seventy-two (72) hours or more in a public right-of-way. Record Motion: Pass Ordinance No. 4~e-~ on 2=~ reading. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: IIC 10. NOTICE OF ACTION PULLED [] TABLED [] APPROVED [] COUNCIL DIRECTIVE: DISAPPROVED [] AMENDED [] DATE: 11. AGENDA BILL NO.: (OVER) qO 5. IMPACT OF NON-PASSAGE: Movement of inches or feet of a vehicle in violation of the seventy-two (72) hour parking prohibition in public rights-of-way will continue to defeat the intent of the prohibition. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCBS: None. 7. RESEARCH SOURCES: O rSANCE NO. AN ORDINANCE amending Chapter 10.11 of the Bremerton Municipal Code. THE CITY OF BREMERTON DOES ORDAIN: Section 1. Amendment. Section 10.11.010 of the Brernerton Municipal Code is hereby amended to read as follows: .010 ADDITIONAL VIOLATIONS. (1) Storage of Vehicles within Right-of Way. Parking in excess of seventy-two (72) consecutive hours, of non-motorized conveyances or motor vehicles in a public right-of-way, shall be unlawful without a right-of-way use permit. During continued consecutive hours of parking, after the initial seventy-two (72) hour period, relocation of the conveyance or motor vehicle within five hundred (500) feet, and still within a public right-of-way, shall be considered to be the same location within the right-of-way. Motor vehicles or non-motorized conveyances exceeding ten thousand pounds (10,000 lbs.) gross vehicle weight or twenty-two (22) feet in length, may not repark in excess of one hundred twenty (120) hours within any consecutive thirty (30) day period. Section 2. Effective Date. This ordinance shall become effective ten (10) days from passage and publication. APPROVED by the City Council of the City of Bremerton this__ 1999. day of PASSED by the City Council of the City of Bremerton this __ 1999. day of MIKE SHEPHERD, Council President APPROVED this __ day of ,1999. LYNN S. HORTON, Mayor KATHLEEN MeCLUSKEY, Ci~ Clerk