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HomeMy WebLinkAbout10/20/99 AGENDA5. 6. 7. 8. 9. CITY COUNCIL AGENDA OCTOBER 20, '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. (There are no Consent Agenda items this week.) CLAIMS/CHECK REGISTERS COUNCIL MEMBER REPORTS MAYOR'S REPORT LEGISLATIVE REPORT PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) NEW BUSINESS A. Appointment of Charlton J. Lupica to the Public Access Citizens Advisory Committee B. Extension to Existing Professional Services Agreement With Ogden Murphy Wallace, and Eims & Flynn C. Bid Award for Manette Ball Field Renovation Project D; Professional Service Agreement for Pine Road CSO Facility Plan and Design with HDR Engineering, Inc. E. SR304 Transportation Improvement Project, Asbestos Removal No. 4, Change Order Authority #AB99-214 I #AB99o215 ~ #AB99-216 #AB99-217 ~ ~ #AB99-218 (Con~nued on back...) 10. 11. ORDINANCES A. Ordinance No. 4668 (Second Reading) Amending Section 6.02.110 of The Bremerton Municipal Code, "Solid Waste Management Advisory Committee" Ordinance No. 4669 (Second Reading) Establishing a Bremerton Police Reserve Officer Board of Trustees, and Creating a New Chapter of the Bremerton Municipal Code PUBLIC HEARING (6:00 P.M. or later) A. Public Hearing and Ordinance (First Reading) Vacating of Portion of Marine Drive Right-of-Way #AB99-212 #AB99-213 #AB99-219 12. ADJOURNMENT OF MEETING AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Appointment to the Public Access Citizens Advisory Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: October 20, 1999 Executive Mayor Horton October 13, 1999 o CLEARANCES: (comment on back if necessary.) EXHIBITS Applications for Appointment ENDORSEMENT MAYOR ~ INF~{.~I~IA~ON APPROVED BY COUNCIL PRI~SIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Public Access Citizens Advisory Committee has a vacancy for a student representative. It is recommended Charlton J. Lupica be appointed to the vacancy and Trisha Rule be the alternate. 8. RECOMMENDATION: Motion to confirm the appointment of Charlton J. Lupica to the Public Access Citizens Advisory Committee with Trisha Rule as the alternate. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED COUNCIL DIRECTIVE 11. DATE: AGENDA BILL NO:_~ ~' 2 14 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES AGENDABL Bk{AT 12/3 P~GE ~ 00~ PAGE ~004 m _ ~=..~ 57/-Fi 7o ._ 4 18/84/1999 18:46 3888239 B~::AT !2,/3 P~GE 02 Whica of ~'out pen(m~ wi/or prof~rsaicmsl intern prompt~ y~ m at=ply for this mi~po~t? ,~l y .~ r. . c f e. c ¢ , ' o n 04 ~r'o'mpt'eci n1, ~',-7~' ~ yo~ ~ ~m ~:y ~ I(it~p C, otm~ ~ ~ co~, cO~fl or ~ force? If yc~, ..5 O3 Nam~ ~ r. ~ o C_~ ~ a. a6 v~l Pixar# . _ AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: October 20, 1999 Professional Services Agreement ORIGINATING DEPT: Legal Extensions ORIGINATOR: Glenna Malanca, City Attorney DATE SUBMITTED: October 15, 1999 2. CLE~a~RANCES: (Comment on back if necessary) CITY ATTORNEY 3. EXHIBITS: Approved on 10/12/99 Fiscal & Budget Committee Approved on 10/13/99 Operations Committee Professional Services Extensions: Eims & Flynn Ogden Murphy Wallace Signatures approved on Agenda Bill 99-211 ENDORSEMENT [] INFORMATION [] MAYOR APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SU~4AI~Y STATEME~Ff AND ~tEQUIREMENT FOR COUNCIL ACTION: The City has retained counsel to provide legal services in areas of expertise. Upon occasion a law firm is asked to provide services based on their expertise on current issues involving the City and are asked to extend their services for additional time when the City is satisfied with the current services being received. Ogden Murphy Wallace is being amended to include environmental law services and extended ending December 31, 2001; and Elms & Flynn to continue workers' compensation services ending December 31, 2001. 8. RECO~ENDATION: Motion to approve extensions to existing professional services agreements of Ogden Murphy Wallace ending December 31, 2001. )Motion to approve extensions to existing professional services agreements 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: 11. AGFA~DA BILL NO.: 2. C~CE CO~ENTS: 5. IMPACT OF NON-PASSAGE: Overload upon City resources to detrimental of other responsibilities. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 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 Retained Counsel Services - Extension This agreement is by and between the City of Bremerton (hereinafter "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 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 II. Term, is amended to read: The term of this agreement is October 1, 1999 to December 31,2001. 2. Section III. Compensation, is amended to include: Not withstanding any other provision of this Agreement, the Cky shall pay Retained Counsel no more than Ten Thousand Dollars ($10,000.00) for costs incurred and services rendered during the term of this Agreement. All other terms and conditions of the parties October 1, 1997 Professional Services Agreement 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 RECEIVED FOR FILING: KATHLEEN McCLUSKEY, CITY CLERK BY: EIMS & FLYNN KATHRYN I. EIMS DEBORAH K. FLYNN PROFESSIONAL SERVICES EXTENSION Eims&Flynn. EXT - 10/15/99 PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Extension This agreement is by and between the City ofBremerton (hereinaRer "City") and Odgen, Murphy, Wallace (hereina~er "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 condemnation, 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 altemate counsel, in its sole discretion, based on issues and exposures presented by the case. 2. Section II. Term, is amended to read: The term of this agreement is October 1, 1999 to December 31, 2001. 3. Section III. Compensation, is amended to include: Not withstanding any other provision of this Agreement, the City shall pay Retained Counsel no more than Fifteen Thousand Dollars ($15,000.00) for costs incurred and services rendered during the term of this Agreement. All other terms and conditions of the parties October 1, 1997 Professional Services Agreement shall remain in full force and effect unless inconsistent with this agreement. // // // PROFESSIONAL SERVICES EXTENSION Ogden, Murphy, Wallace. EXT - 10/15/99 Dated this day of ,1999. CITY OF BREMERTON OGDEN MURPHY WALLACE BY: LYNN S. HORTON, Mayor BY: APPROVED AS TO FORM: BY: GLENNA MALANCA, City Attorney RECEIVED FOR FILING: KATHLEEN McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES EXTENSION Ogden, Murphy, WalIace. EXT- 10/I 5/99 AGENDA BILL BREMERTON CITY COUNCIL S~CT: Bid Award- Manette Ballfield Renovation Project FOR AGENDA OF: October 20, 1999 ORIGINATING DEPT: Parks & Recreation ORIGINATOR: Jodi Wroblewski, Ass't. Dtr. DATE SUBMITTED: October 12, 1999 2. CLEARANCES: (Comment on back if necessary) Parks & Recreation Director: Director P W ;Utilities:/.~~' ~--~----~-~.~ . . Operat, ons Comm, tt ee_;~-~ -~.~' ~. ~/~-~~~ EXHII~ITS: Bid Opening List Sources and Uses of Funds References (five pages) ENDORSEMENT )~ hNFORMATION APPROVED BY COUNCIL PRESIDENT FOR SUBMIT'fAD 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Bids were opened on Monday, October 4, 1999, for the Manette Ballfield Renovation Project. A total of four (4) bids were received for the project (see attached Bid Opening List). The low bidder is Golf Landscaping, Inc. of Milton? WA. for the lump sum of $96,000.00. The total contract amount including Washington State Sales Tax at 8.2% is $103,872.00. The construction estimate was $94,000 to $102.000. This project is funded by grants fi.om Bremerton Community Development Block Grant (C.D.B.G.) and the Interagency Committee for Outdoor Recreation (I.A.C.). 8. RECOMMENDATION: That the City Council approve the low bid fi.om Golf Landscaping, Inc. in the amount of $103,872.00, including Washington State Sales Tax, and authorize the Mayor to execute the contract for the Manette Ballfield Renovation project subject to City Administrative Policies and Procedures. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Cris Gears Cris Gears N/A N/A PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL #: 2. CLEARANCE COMMENTS: IMPACT OF NON-PASSAGE: The Parks & Recreation Department will not be able to go forward wkh the Manette Ballfield Renovation improvement. Also the grant funding received from Community Development Block Grant and the Interagency Committee for Outdoor Recreation for the project would not be utilized. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES' None. There is authorized funding for this project. This project is funded by grants from Bremerton Community Development Block Grant (C.D.B.G.) and the Interagency Committee for Outdoor Recreation (I.A.C.). On-going maintenance and operations will be absorbed in the Parks & Recreation Department's budget. 7. RESEARCH SOURCES: BID TITLE: CITY OF BREMERTON BID TABULATION DATE OPENED: ~O/'-t / ~J ~ TIME OPENED: ~ :o ~ RECORDED BIDDER REeD ITEM 1 ITEM 2 ITEM 3 ITEM 4 IT NET BID TAX TOTAL ~ ~m~r / ...... 17q ~Oo 1¢7¢3~o L .] ' ' " ~.., ~ '"' ~," , ,' .... ),' ,,'," " '~ ', ' '" r' '' ,L,' "' " MANE'ITE BALLFIELD SOURCES & USES OF FUNDS Exhibit SOURCES OF FUNDS SOURCES: Funds: Community Block Development Grant $62,500.00 Interagency Committee for Outdoor Recreation Grant $62,500.00 Total Sources ................................................................................................................. $125~000.00 USES OF FUNDS DESIGN: Parametrix, Inc. Survey $ 1,249.32 McMenamin Engineering $ 4.200.00 Total Design Cost ............................................................................................. $ 5,449.32 CONSTRUCTION: Contractor: GoifLandscaping, lnc. Lump Sum-Base Bid $96.000.00 W.S.S.T. ~ 8.2% $ 7.872.00 Total Construction Contract ................................................................................................ $103,872.00 ANCILLARY BUDGET Description Budget Print Plans & Specs. $ 525.00 Plans & Specs. <$ 168.'00> Advertisement $ 600.00 Utility Connections $ 300.00 Permits (SEPA/Grading) $ 400.00 Project Management $ 8.000.00 Total Ancillary Budget ........................................................................................ $ 9,657.00 CONTINGENCY:. .................................................................................................. $ 6,02 I. 68 TOTAL SOURCES & USES ............................................................................................... $125,000.O0 10/04/1BB5 15:42 2%38~884~8 GOLF LANDSCAPE PAGE King County Parks 500 4th Ava. Rm 320 Seattle, WA 98104 K.K. (206)296-425~0 5 Mile Lnk~e Mexidian Highline ~thlefic Field~ 148,711.00 06-96 670,213.00 0%93 Robin Cole (206)2964261 Beavex Lake Park 707,711.00 02-93 glaha~ R~atroom Bldg. 96,811.00 08-94 Beaw-r Lake BaHfield Improv. 338,500.00 04-98 (206)296-4240 Gt-~n Riv~ Trail PH 1 Fort Dent Bnsebnll 698,679.74 01-96 481,274.69 06-97 (206)296-4220 Petrovitsky Park Ph. III Est. Sammamiah Schools Field Impm~ts Like Oene~ Soecnr Field~ 758,964.31 03-96 308,987.40 01-98 266,500.00 04-98 Johnson Controlu World Servie~ Mail Stop J-22 Subbame Bnn~or Silvexa:tale, WA 98315 S~mtt Lanve (360)396-46~5 Replumb Pool Drain O, uitaro Road 54,600.00 07-96 52,540.63 03-95 881,879.70 11-94 73,535_00 09-94 GOLF LANDSCAPE PAGE 03 US Navy ROICC Bldg. 1009 Naval Subbase Bangor $ilvexdale, WA 98315-5000 LT. Carrie Nai~r (360) 396-1579 To'w~x Of Sbfilaeoom 2301 Worthington Steilae. oom, WA 98388 (253)58 I- 1076 City Of Seattle 700 - 3rd Ave Suite 800 Seattle, WA 98104. fiJme Strode (206)684-7108 Ci~OfKent 220 FourthAv~ Km~t, WA98032 Helen Wickstrom (253)859-3994 239~25.00 01-96 Beach Park 345,363_00 11-95 P~ific Science Ctmte~ Corot 478,288.00 Ra~d Golf Coume-Fi~ld ~v~tnad Roofing Project E~t Hill Park Sc~ic Hill Psrk 01-96 266,350.00 10-95 I43,043.69 11 95 366,982.00 01-94 369,259.00 01-94 W~hinskm State Parks John R. Jackson Houso 7150 Cl~anwatear Lane Ro~torafion Olympm, WA 98504-2669 Rab Kirkwood/Art Lars~ E~lfair State Park Uttl. (360)902-$545 (253) 931-390~ l.~we Enterpriaos Klatmnie Park 600 University St. #2000 Seattle, WA 98101 Joim Glrav~s (206) 623-0200 59,127.00 04 95 156,366.75 05-97 654,400.00 01~94 25383884~q GOLF LANDSCAPE PAGE 84 City Of Benevue P.O. Box 90012 Bell~n~, WA 98009 B~th 'Pe~al~ Cm~k (425)Ts3-3V.l . sE 4Otb St 13~t Laimi?.h Robimwo~ Elem. School Ivanh~ Soccar Fialds Bellevue Sel:~ol ~t P.O. Box 90010 Belie'rrm, WA 98009 David Antl~r~ma (206)25543400 Nm oa High school Chelan County PUD~ 1 Daxc~ Park Expansion P.O. Box 1231 Weamtchee, WA 98807 Them Vett~r (509) 663-2977 226,390.00 284,055.00 271,000.00 192,626.28 372,738.48 02-94 08-97 09-99 08-94 08-94 cay of Ly,.w d 19100 ~th Av~ W Lyzx~awDod, WA 98036 Comat~ ~rd City Of Auburn 25 Weat Main SI.. Auburn, WA 98002 Dick Ema! (2.53)931-3043 Federal Way S~.hc~l Diatrict 31405 18th Anm So Federal Way, WA 98003 Mar~d Lyma (253)627-2324 Trail Lakeland Hills Park Mill Pond Park F~knal Way High School Thomas Jefl~-rsm High 724,976_50 515,061 .QO 281,598.00 232,660.00 165,604.00 156,725.00 il-94 12-93 08-97 01-94- 05-93 12-93 10/04/1999 15:42 2538388~8 GOLF LANDSCAPE PAGE 05 Franklin Pier~ Se, h~ls 315 So 129th Tac. xx, na, WA 98445 Mart}, Lyon (206)627-2324. Flmkl/a Pmeo High Schnol K~'y Middio Sdx,ol Central Av~. Elmmmlary l[~llfi~ld~ 646,580.00 12-93 Mea-o~fim Parl~ 4702 So. 19th St. Tacoma, WA 98405 (~53)3054050 Me. inlet/Park lvl~bw Park ~ ?lant city Of'tXacwih Trail 6300 Southeeater Blvd. #100 Ccgnm Centex ~v. ~ WA 98188 Bob G~~dy ~ (253) 433-0179 City Of Tacoma 747 Market St. Tacoma, WA 98402 Wally AJbin (253) 591-5784 Chtmey Stadma~ Field Imp. Shcxehne Public Schools 18560 -IST Ave NE Shoreline, WA 98155 Frank Hrnicek (2o6) 132,650.00 235,190.00 107,900.00 34O,969.00 358,50000 490,285.00 142,370.00 10-92 06-93 07-97 08-97 02-98 05 -97 253838B~48 GOLF LANDSCAPE PAGE 88 ciey of Puyanup 1100 - ]9th Ave SE Puyanup, WA 98371 Bob Ak~d~ (253) 841-5437 Kent School Dish-let 12033 SE 256th Kent, WA 98O31 Clintnn Marsh (253) 813-7277 Sumner School District 1202 Wood Ave. Sumner, WA 98390 John Eriekson (253) 531-o2o City Of Kent Parka 220 - 4th Ave Kent, WA 98032 Lorl Flemm (253) 859-3994 Sport Complex Lighting 461,000.00 01-98 Park Orchard Elam_ ~sccear Field~ 264,984.00 03-98 Sumn~ High Stadium 134,000.00 06-98 Football Field Bonn~ lake Elem School 104,400.00 09-99 Ruaaell Road Ballfields 875,000.00 BaaebaH Tournament Complex 06-9:8 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: PINE ROAD CSO FACILITY PLAN AND DESIGN - PROFESSIONAL SERVICES FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: October 20, 1999 PW&U Engineering Div. Randy Witt, City Engineo~9" October 11, 1999 '~--'~' 2. CLEARANCES: (comment on back if n_.~g..~ess .ary)s 3. EXHIBITS irector, Public Works/Utilities . · 1. Professional Services Agreement City Attorney . ' /:.~.c~>,: ~'.~-'.~c.---- 2. Location Map City Treasurer ~ ~,) city Cl k Risk Manager Purchasing Supervisor Council Budget & Finance Committ~ Operations Committee ENDORSEME,.~NT ~: .I~O~*i'I~N- ' APPROVED BY COUNCIL PRI~SIDENT FOR SUBMITrAL: MAYOR~.r,.~ 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Five consultants were selected fi.om the Professional Services Roster and evaluated. HDR Engineering, Inc., was identified as having a demonstrated ability in planning and design of Combined Sewer Overflow (CSO) reduction improvements to meet Washington State Department of Ecology (WSDOE) requirements. A scope of work was developed with HDR for development of a Facilities Plan (predesign report meeting EPA and WSDOE guidelines) and a final design of the improvements. The scope of work and budget for final design will be developed during completion of the Facilities Plan and will be presented to the City Council for approval at a later date. The City has been awarded a Public Works Trust Fund loan for this work. Staff recommends that the City Council approve a contract for Professional Services with HDR Engineering, Inc. 8. RECOMMENDATION: Request that the City Council approve a contract for $59,700 with HDR Engineering, Inc., for Professional Services, and authorize the Mayor to execute the same. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Director Public Works & Utilities Director Public Works & utilities PULLED TABLED COUNCIL DIRECTIVE 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AMENDED D^T AGENDA BILL NO: 7 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: This work is necessary to meet the CSO Reduction Plan Schedule and be eligible for design and construction funding through the Centennial Clean Water Fund and the State Revolving Fund administered by the Washington State Department of Ecology. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: A Public Works Trust Fund (PWTF) loan has been awarded for this work pending legislative approval in March of May 2000. The City has authorization from the PWTF to begin work on this project and be reimbursed upon legislative approval of the 1999 PWTF Program. 7. RESEARCH SOURCES 99329 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 agrees to provide engineering services for development of a Facility Plan for the Pine Road Basin 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 Fifty Nine Thousand Seven Hundred Dollars ($59,700.00). 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. ?ROFESSIONAL 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 HARMLESS: 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". PROFESSIONAL SERVICES AGREEMENT -2- HDR.PSA - 10/16/98 c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City. to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: City Clerk 239 Fourth St. Bremerton, WA 98337 HDR Engineering 500 - 108'h 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 anv 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 wilt 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 PROFESSIONAL SERVICES AGREEMENT -3- HDR.PSA- 10/16/98 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 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 fumished 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 PROFESSIONAL SERVICES AGREEMENT -4- HDR.PSA- 10/16/98 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 subconsultants from and against all costs, losses, and damages (including but not limited to all 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: BY: Date: DEPARTMENTAL APPROVAL: CITY OF BREMERTON BY: LYNN S. HORTON. Mayor ~oLW. Eugene San~pley, Director of Public Works & Utilities APPROVED AS TO FORM: GLENNA MALANCA, City Attomey RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT -5- HDR.PSA - 10/16/98 EXHIBIT A CITY OF BREMERTON PINE ROAD DRAINAGE BASIN CSO REDUCTION PROJECT SCOPE OF WORK INTRODUCTION The Pine Road Drainage Basin is within the City of Bremerton (City) and contains combined, sanitary, and storm sewers. During storm events the system may discharge untreated combined sewage to the adjacent Port Washington Narrows. Current Washington State regulations require that combined sewer overflows (CSOs) be reduced to an average of not more than one untreated event per year per overflow site. The purpose of this contract is for HDR Engineering, Inc. (Consultant or HDR) to develop a Plan identifying the selected alternative for reducing CSOs from the Pine Road Basin. The Plan will be prepared in accordance with the requirements of an Engineering Report as defined by the Washington State Department of Ecology (WSDOE). Upon approval of the Plan by the City. and WSDOE, and at the direction of the City,, HDR will proceed with the design of improvements for the Pine Road Basin. HDR will lead the development of the Plan and will coordinate the activities required by the City and subconsultants. 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. City of Bremerton Pine Road Drainage Basin 1 Scope of Work o No backup information (i.e. timesheets, logs, receipts, etc.) will be submitted with the invoices. Backup information will be available in HDR files for inspection by City project auditing staff, if requested by the City. The City will maintain the role of overall project coordination with other governmental agencies. Two subconsultants (ESM and Geo Engineers) will be used to support the future 300 Series design services required of HDR. ESM will provide surveying work and Geo Engineers will provide geotechnical assistance. The amount of geotechnical work required if any will be determined during the development of the Plan. Wort; Products: 1. Monthly reports with descriptions of the work performed and cost of associated work. 2. Monthly standard invoice SERIES 200 TASKS - PLAN DEVELOPMENT Task 201 - Planning Information Consultant Responsibih'ties: 1. Planning information provided by the City will be incorporated into a technical memorandum documenting the planning aspects of the Pine Road Drainage Basin. The memorandum will describe the service areas of the Pine Road Drainage Basin, the subbasins within this service area, the existing and projected population, and the existing and projected land use of the basin. 2. Wastewater Characterization - The characteristics of wastewater and combined sewer overflows originating from within the Pine Road Drainage Basin will be included in the technical memorandum. Assumptions: 1. The Pine Road Drainage Basin consists of a single combined sewer overflow site. 2. Planning information will be provided by the City. City Responsibilities: 1. Provide existing (1996) unrectified aerial photographs in electronic format of the Pine Road Drainage Basin. 2. Provide city base maps illustrating the known sanitary, combined, and storm sewers of the basin. 3. Provide existing electronic GIS or other electronic base mapping. 4. Actual drainage basins and subbasins of the Pine Road Drainage Basin are identified in existing utility maps which have been provided to HDR. 5. Provide the existing and future population and land use projections. 6. Provide a summary of known basin wastewater quality information. 7. Provide sanitary and storm sewer design standards. City of Bremerton Pine Road Drainage Basin 2 Scope of Work Work Products: 1. Three copies of a technical memorandum formatted as the planning section of the Plan. Review comments will be incorporated into the draft engineering report prepared under task 207. Task 202 - Existing System Consultant Responsibilities: 1. The sanitary, combined, and storm sewer system will be illustrated in a figure to be included in the Plan. The figure will identify pump stations and overflow structures. 2. 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 existing figures illustrating the existing combined, sanitary, and storm sewer system. The figures will be incorporated into the Existing System section of the Plan. 2. Conducting smoke testing and limited dye testing and video inspections of the sewers of the Pine Road Drainage Basin. Prepare a map identifying the houses with roof drain leaders connected to the combined sewer system. 3. Identify known defects of the sewer pipes on a map. 4. Provide details of the existing pump stations that serve the basin including the number of pumps per station, pump curves, pump motor sizes, and available design and record drawings. 5. Provide schematic drawings of the overflow structures and piping in the vicinity of the overflows. Assumptions: 1. No further investigations will be conducted to identify sources of inflow other than the smoke and dye testing performed by the City,. Work Products: 1. A figure to be included in the Plan illustrating the sewer system. 2. Three copies of a technical memorandum formatted as the Existing System section of the Plan. Review comments will be incorporated into the draft engineering report prepared under task 207. Task 203 - Existing Flows and Rainfall Consultant Responsibilities: 1. Dry weather flow characteristics from both winter and summer will be included in the report. 2. The infiltration rates in the basin will be estimated 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. City of Bremerton Pine Road Drainage Basin 3 Scope of Work o Estimates of per capita sanitary base flow will be developed based on the dry. weather flows and the population estimates provided by the City. Rainfall patterns and design storms will be described in the report based on rainfall information provided by the City. Wet weather flow characteristics based on rainfall from specific storm events will be described in the report along with figures illustrating the storm flow hydrographs along with the rainfall. The information will be developed based on monitoring performed by the City. The wet weather flow data will be evaluated to estimate rainfall induced infiltration and inflow. Evaluate three years of continuous overflow data to determine the existing frequency, volume and duration of overflow events. City Responsibilities: 1. Provide overflow data from the Milltronics Ultrasonic flow meter installed at overflow site 1. Assumptions: None Work Products: 1. Three copies of a technical memorandum formatted as a section of the Plan will be prepared summarizing the flow characteristics of wastewater flows from the basin. Review comments will be incorporated into the draft engineering report prepared under task 207. Task 204 - System Modeling Consultant Responsibilities: 1. Conduct a hydraulic analysis of the piping in East Bremerton tributary, to the siphons under the Port Washington Narrows. 2. Convert the existing East Bremerton Hydra model to Hydra version 6.0 and subsequently use it for analysis. 3. Document the modeling parameters from the tributary drainage subbasins and include them in the report. 4. Calibrate the model to dry weather flows, wet season dry weather flows, and to wet weather flows generated by a specific storm event selected jointly by the Consultant and the City. 5. Input the selected design storm into the calibrated wet season dry weather model to determine the predicted flow characteristics. 6. Model the City's storm system to determine if capacity is available to support proposed separation. 7. The drainage subbasins will be defined to model the storm water runoff into the combined system. City Responsibilities: 1. Provide the existing Pine Road Drainage Basin HydraGraphicsTM model that defines the combined sewer system. City of Bremerton Pine Road Drainage Basin 4 Scope of Work Assumptions: 1. Diversion structure flows will be based on model calibration. Consultant will apply the backwater analysis routines provided with the HydraTM software. 2. The model will incorporate information provided by the City in Task 202. 3. The model will be dynamic to facilitate alternative analysis. Work Products: 1. HydraTM model for the Pine Road Drainage Basin calibrated to dry weather flows, wet season dry weather and wet weather based on a selected storm. 2. Predicted flows for the selected design storm. Task 205 - Alternative Analysis Consultant Responsibilities: 1. Alternatives for reducing the combined sewer overflows from the basin will be evaluated. The options that will be considered are separation, storage, treatment, and increased conveyance. 2. A preliminary screening of each of the reduction alternatives noted above will be developed. The preliminary screening will be based on estimated levels of reduction that are required. 3. Separation will be evaluated with regard to effectiveness, inconvenience, cost, and potential water quality impacts associated with increasing the volume of direct storm water discharge. In addition, develop an assumed BMP with the City to be incorporated into the evaluation to address water quality impacts due to separation. 4. Evaluate inline and offiine storage. The alternatives for reducing overflows xvill be evaluated with respect to the one untreated event per year criteria of the Washington State Department of Ecology. 5. At site treatment options will be considered that will treat flows up to the one event per year. 6. Odor, operation, maintenance, constructability, construction inconvenience, and costs will be considered in the alternative analysis. 7. Each individual reduction alternative (separation, storage, and treatment) will be evaluated independently for each overflow site. 8. Develop up to three alternatives providing a combination of improvements to reduce untreated overflows with the City. Evaluate these alternatives using the HydraTM model. City Responsibilities: 1. Provide labor hours and costs of maintaining the existing pump stations, overflow monitoring equipment, and collection system maintenance. Assumptions: 1. Treatment at the overflow site will likely not be cost effective. If the preliminary screening review of treatment is determined to be cost prohibitive, the alternative will be eliminated without developing a detailed cost analysis. City of Bremerton Pine Road Drainage Basin 5 Scope of Work No additional field testing or sampling of combined sewage, storm water, or sanitary sewage will be performed. 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. 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. A maximum of 10 hours has been assumed for identification of the BMP to be incorporated into the separation alternative. Work Products: 1. Three copies of a technical memorandum formatted as the Alternative Development and Analysis section of the Plan describing the feasible alternatives for reducing untreated overflows fi.om the Pine Road overflow structure (OF-l). Review comments will be incorporated into the draft engineering report prepared under task 207. Task 206 - Selected Alternative Consultant Responsibilities: 1. The cost effective alternative 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 205 for the selected alternative will be expanded based on refined details established in this task. City Responsibilities: 1. Provide cost estimates and determine the feasibility of acquiring property if it is determined that private property is required for the construction of CSO reduction improvements. Assumptions: None. Work Products: 1. Three copies of a technical memorandum formatted as the Selected Alternative section of the Plan will be prepared describing the selected alternative. Review comments will be incorporated into the draft engineering report prepared under task 207. Task 207 - Reports Consultant Responsibilities: 1. Use the technical memorandum,from the previous tasks to develop a draft Pine Road CSO Reduction Plan based upon Department of Ecology requirements for an engineering report. City of Bremerton Pine Road Drainage Basin 6 Scope of Work Upon receiving review comments from the City, HDR will incorporate comments and submit a final Plan. Comments returned to HDR from the City will include comments if any from the Washington State Department of Ecology (WSDOE). City Responsibilities: 1. Submit the Plan to the Washington State Department of Ecology for review. 2. Submit review comments of the draft 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 Pine Road CSO Reduction Plan. 2. Fifteen copies of the final Pine Road CSO Reduction Plan. An electronic copy of .the final report in Word version 6.0 will also be provided to the City. Task 208 -SEPA Review Consultant Responsibilities: 1. Provide assistance to the City in developing the State Environment Protection Act (SEPA) review checklist. Eight hours by a project engineer has been budgeted for this task. City Responsibilities: 1. The City will be responsible for preparing the SEPA checklist and submitting it for review. Assumptions: 1. Attendance at public meetings will not be required of the Consultant. Work Products: None by the Consultant. Task 209 -Additional Engineering Services 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. Additional engineering services may include, but are not limit to additional alternative evaluation beyond three identified in task 205, preliminary outfall evaluation (if required), and on-site treatment options. An allowance has been established for this activity. SERIES 300 TASKS - DESIGN The scope of work and budget for the design phase of this contract will be established during the development of the Plan and subject to the terms approved by the City Council. No allowance has been established for this activity. City of Bremerton Pine Road Drainage Basin 7 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. Annual salary adjustments occur in January of each year. The planning and design phases of this project are scheduled to be completed this year. No adjustment of rates are anticipated during the course of this project. Individual Position Rate Eric Bergstrom Project Manager $36.00 John Koch Senior QA/QC $47.00 Jim Peterson Senior QA/QC $47.13 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: Postage at cost Travel: Mileage at 31.5 cents per mile Other travel expenses at cost Copying: Standard at 10 cents per page Plotting: In-house: llx17: 22x34: HP755 color: Outside: At cost $3.00 per sheet $7.00 per sheet $8.50 per sheet Phone: Fax: Computer: At cost 55 cents per page for outgoing faxes No charge for incoming faxes Engineer at $10 per hour CADD at $I 5 per hour City of Bremerton Pine Road Drainage Basin 8 Scope of Work The approximate distribution of costs with respect the tasks are as follows. Task Descripton Estimated Cost 101 Project Management $ 5,400 201&202 Planning and Existing System 2,400 203 Flow and Rainfall Analysis 5,400 204 System Model Calibration 7,200 205 Alternative Analysis 21,000 206 Selected Alternative 5,500 207 Reports 6,800 208 Environmental/SEPA 1,000 209 Additional Engineering Services Allowance 5,000 TOTAL $59,700 City of Bremerton Pine Road Drainage Basin 9 Scope of Work North RIODEL RD 0 1,000 2,000 Figure 6-4 'l Pine Road Basin ' Storm Drainage Separation Sc_,~le in Feet 6-8 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: SR 304 TRANSPORTATION PROJECT ASBESTOS REMOVAL NO. 4 CONTRACT CHANGE ORDER AUTHORITY 2. CLEARANCES: (Comment on back if necessary) f-alDirector~of Public XVorks & Utilities City Attorney City Treasurer FOR AGENDA OF: October 20, 1999 ORIGINATING DEPT: Public Works & Utils ORIGINATOR: R. Witt, City Eng. DATE SUBMITTED: October 14, 1999 3. EXHIBITS: ** REFER TO AGENDA BILL NO. 99-181 FROM SEPTEMBER 8, 1999 COUNCIL AGENDA Purchasing Supervisor WILL BE HEARD AT COMMITTEE 10/19/99 Council Fiscal&Budget Commi~ee WILL BE HEARD AT COMMITTEE 10/19/99 Council Operations Committee ENDORSEMENT [] INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4^YOR co cIL PP S r>ENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The SR 304 Transportation Improvement Project Asbestos Removal No.4 contract was awarded to Walker Specialty Construction for $49,157.42. **The Council previously authorized the Mayor to execute change orders for a total contract mount not to exceed $73,700. The current total contract amount is $72,504.82. Additional asbestos has been identified in 437 and 327 S. Cambrian in the roof area and under a concrete floor slab, respectively Based on the engineer's estimate, additional change order authority up to a total contract amount of $86,700 is necessary, to complete this work. Approval of this request will allow staff to maintain the building demolition schedule. This action would authorize the Mayor to execute change orders for a total contract amount not to exceed $86,700 8. RECOMMENDATION: That the Mayor is authorized to execute change orders on the SR304 TIP Asbestos Removal No. 4 contract for a total contract amount not to exceed $86,700. PULLED [1 TABLED Il COUNCIL DIRECTIVE: 9. RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION APPROVED [1 DISAPPROVED [] AMENDED El Date: 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Continued 5. IMPACT ON NON-PASSAGE: Non-passage will require this additional work to be advertized for bid. This will delay the scheduled demolition of these buildings. The delay in building demolition could result in additional demolition costs and delay in the construction of the Gateway Stage of the SR304 project. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: Staffing: 20 staffhours for construction administration, inspection. Budget: This project is included in the 1999 budget as part of the 1999 Arterial Street fund and sufficient funds exists to do this work with the additional funding the City will receive from other funding sources. The City will be receiving funding from the Federal Highway Administration and the State Transportation Improvement Board. Facilities/Equipment: No impact. 7. RESEARCH SOURCES: AGENDA BILL SUBJECT: Ordinance # '~ ~ ~ Amending Section 6.02 Waste Management Advisory Committee BREMERTON CITY COUNCIL 2, FOR AGENDA OF: October 6, 1999 ORIGINATING DPT. Administrative Sty. OIGINATOR: Kathleen McCluskev DATE SUBMITTED: 2. CLEARANCES: (comment on back , if necessary) ~-----~_ Operations /~./-_~/ ~//~-~_- z.~~ ~ - 3. EXHIBITS: Ordinance ENDORSEMENT/~6 INFORMATION APPROVED BY COUNCIL PRESIDENT FOR/SUBM. P~T~j~ MAYOR ~,~--~. ~ -- COUNCIL PRESIDENT ~/~// 4. S~Y STATE~NT ~D REQUIRE~NT FOR CO~CIL 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. RECOMMENDATION: Mo~n tc appro~e Ordinancc on first Motion to pass Ordinance # ~6 g on second reading. 9. RESPONSIBLE OFFICIAL: Adra±n. Srv. ENFORCEMENT OFFICIAL: Admin. Sty. REVIEW DATE: n/a PULLED TAJ~LED COUNCIL DIRECTIVE: 10. 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: O.D,NANCE.O. 'ff G 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 (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 __ 999. day of Approved this __ day of MIKE SHEPHERD, Council President ,1999. Attest: LYNN S. HORTON, Mayor KATHLEEN L. McCLUSKEY, City Clerk ~END~ 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: ORIGINATING DEPT: Risk Manaaement_ ORIGINATOR: Peggy Lesser DATE SUBMITTED: 2. ~: (comment on back 3. if necessary) Ordinance NO...,:~(~C~ Attorney ~ -7 . Police Admin. Svcs. Fiscal & Budget~~.~ Operations ~,,-,~ NDORSEM NT > ~YOR ~]g . · CO~CIL PRESIDENT./ 4. S~Y STATEMENT AND REOUIRE~NT 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: ~cticn to ~pp~,~ ordi~,=n=e on fi£-~t reading, c~=~tln9 Chaptcr 2 98 -~ ~_h9 BMC and authorizing thc Risk Manager to withdra-;: coverage for Bremert~n .......... duot~l insurance prcgr~. ~~ ~m~ru~ offiGers un~er thc ~ ..... '- ' 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 2. CLEARANCE COM~fENTS (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 SQURCES: ORDINANCE NO. '~ (t~ 6 ~ 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 9/21/99 45' 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 authorized 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 9/21/9 9 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: ORDINANCE # VACATING A PORTION OF MARINE DRIVE RIGHT-OF-WAY. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: October 20, 1999 PW&U Engineering Div. Randy Witt, City Engineer October 11, 1999 2. CLEARANCES: (comment on back ifnecessary~..~ 3. EXI-IIBITS Director, Public Works/Utilities z~-~:~ . A. Ordinance #. .. City Attomey /7 - ''/~:''~-'~-:' ~'"'~3'~B' Vicinity Map. City Treasurer cx~a/,~ff_]_~ .~/~._.,,pog ~,~. C. Staff Report. Director, Community Development ' ,/,//~ ~,/~-]/j~_ D.~plication for Right-of-Way Vacation. Council Budget & Finance Committ~~ OperaUons Commattee ~9~,~4/__/y~ ~~/'N,,, J mYOR ¥, C0UNCILPRESn>ENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff has received a petition to vacate 1,000 square feet of right-of-way along the east side of Marine Drive. The City Council is being requested 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 comer 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 have been completed in accordance with the Bremerton Municipal Code. Specific items for City Council consideration are outlined in the Staff Report. The action before the City Council is to approve, disapprove, or modify this vacation of a portion of Marine Drive. 8. RECOMMENDATION: A. Motion to approve the attached Ordinance, vacating a portion of Marine Drive right-of-way. B. Motion to pass Ordinance # , vacating a portion of Marine Drive right-of-way. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer N/A PULLED TABLED COUNCIL DIRECTWE 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: q~''21 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The adjacent property is currently being developed and non-passage may adversely impact both the setback requirements and the project schedule. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: Staffing: No impact. Budget: No impact Facilities/Equipment: No impact 7. RESEARCH SOURCES BMC 11.20 Vacation of Public Rights-of- Way RCW 35. 79 Streets 99331 4q Filed for Record at Request of: When Recorded Return to: Name: Bremerton City Clerk Address: 239 Fourth Street Bremerton, WA 98337 Document Title: Ordinance No. Reference Number of Document Assigned or Released: Not Applicable Grantor's Name: City of Bremerton Grantee's Name: Not Applicable Tax Parcel #: Not Applicable. Abbreviated Legal Description: A PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON (MAP OF AREA IS EXHIBIT "A"). ORDINANCE # AN ORDINANCE Vacating a 5 foot strip of right-of-way that is 200 feet long and located along the north margin of Marine Drive, west of Dora Avenue. WHEREAS, the City of Bremerton has been petitioned to vacate a portion of undeveloped right-of-way; and WHEREAS, notice has been posted and published according to law; and WHEREAS, the City Council finds that the portion of the right-of-way set forth herein is not needed for present or future use and should be vacated to allow the abutting property owners to maintain the parcel, now therefore, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. Vacation. The following right-of-way is hereby vacated to the adjoining property owners. A PORTION OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 24 NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST MARGIN OF DORA AVENUE WHICH IS NORTH 89°52'15'' WEST 900.00 FEET, AND SOUTH 00o16'54'' WEST 557.23 FEET FROM THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID NORTHWEST QUARTER. THENCE NORTH 89043'06'' WEST 21.23 FEET TO THE EASTERLY MARGIN OF MARINE DRIVE AND THE POINT OF BEGINNING; THENCE NORTH 47°37'00'' EAST 5.00 FEET; THENCE NORTH 42023'00'' WEST 200.00 FEET; THENCE SOUTH 47°37'00'' WEST 5.00 FEET; THENCE SOUTH 42°23'00'' EAST 200.00 FEET TO THE POINT OF BEGINNING. Section 2. Reservation of Easements. This vacation shall have no affect on public utility easements or private easements which have been established within the rights-of-way subject to this vacation ordinance. Easements are reserved for all public utilities which have been established within the right-of-way subject to this vacation ordinance. Section 3. Effective date. This vacation 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 HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk FOR P..IGI~-OP-W&! VACAT'rON TO T~ ?LANNING_ COMMISSION & CITy COUNCIL OF ..T~E CITY Loren & Karen Olsen AP~LICART: ADDRESS: P.O.Box 729 CITY: Port Orchard,WA 360-876-5775 , PHONE (Bus.) (Res.) ZIP: 98366 R~QUEST: Right-of-Way Vacation Petition. LEGAL DESCRIPTION OP PROPERTY to be vacated: Area of Tract:__ (a~tach additional sheets if necessary) PARCEL LOCA~i9~; (Give brief description of geographic lccaticn) Street Frontage: Dora Avenue Adjacent or nearest street intersection: Marine DRive ~QMPEEHENSIVE PLAN M.%P DESIGNATIONS_: MDR CURi~ENT ZONING: LU_RROUNDING USE (S): Multi-Family North: Residential South: Commercial East: Residential West: C~mm~rc_~i_a] To increase the land area for residential construction and t,o 9rovide a trade with the City of Bremerton which will allow the corne~ of Dora & Marine Drive to increase visibilty and enable the school bus to maneuver around the corner. Describe how this ~equest is consistent with, but not limited to, the Comprehensive Plan, Shoreline Management Master Program, and other state and local laws: The request is consistent with the Comprhensive Plan as it does not change current zoning. Describe how the pub,_c interest will right-of-way vacation: See basis for recuest. best be served by this List any easement and/or existing utilities either public private that abut or cross the proposed vacation. None Attach additional sheets if necessary. PROPERTY OWNE~_S: List names, mailing addresses of all owners of the abutting property(s) that will receive vacated area property: Loren & Karen Olsen ,P.O.Box 729 Port Orchard,WA 98366 COMMUNITY CEt~L3PMEN CONTACT ~ERSON (to receive all correspondence, advisory report, hearing notice, etc., by mail and to be primary phone and correspondence con=ac=): _ __ . Joseph Ring ~AILiNG ADDRESS: P.O.Box 729 CITY: Port Orchard ZIP 98366 PBC~E: 3__60-87675775 ALTERNATE PBONE (if any): Please check application and attachments with the Planning Depar't~ment before filing. !. Vicinity Map 2. 1' = 100' scale Kitsap County A~sessor's map copy wish the subject site in the center of the map. (Note: More than one sheet of the assessor's map may be needed to obtain proper "oen=ering" of the subject site on the assessor's map copy submitted with your application- Letter from Title Company, or list from County Tax Assessor roles, listing the property from owne:s of record and their addresses, within 250 feet of the exterior ~oundaries of land involYeO. Any other information that will define your proposal including site plan, map of surroundin9 land uses and zoning, etc. ~: Please check application and attachments with =he Planning Department before filing. A public hearing will be schedule~ only after a complete app!ica=lon, including all attachments, is received. Additional supporting information may be attached ~o this application as desired by =he applican~ or as :eques=ed by the Planning DepartTaen=. 3684785278 ,]ON,UNiTY I HEREBY STATE THAT I AM THE APPLZCANT, OR A~ AGENT FOR APPLICANT, LISTED ABOVE: AND THAT THE FOREGOING STATEMENTS A~D ANSWERS H~RZIN MADE, AND ALL INFORMATION AND EVIDENCE MADE, AND ALL INFORMATION AND EVIDENCE HEREWITH SUBMITTED AR~ IN ALL RESPECTS AND TO THE ~EST OF !¢~ KNOWLEDGE AND BELIEP, TRUE A~D COMPh~T=. i UNDE~TAND THAT THE FILING FEE ACCOMPANYING THIS A~PLICATION .IS NOT RE.~UNDABLE, IS ONLY FOR THE PURPOSE OF PARTIALLY DE~RAYING THE NORRAL ADMINISTRAT IV~ EXPENSES OF PROCESSING THE A~Pr~ICATION, AND THAT THE PAYMENT OF SAID ~EF. NOT P,~SULT IN AUTOMATIC ISSUANCE O~ THE PERMIT REQUESTED IN APPL ! CATI ON. ~~ of Applicant Printed Name of Applicant DaU · Da=e PETITION FOR RIGHT __0_~' :WAY VACATION -- D~=e 4/2/99 u~on ~he s~ree~. o? a".~e¥ described be~¢~, ~o hereh,¥ ~et~c':.on you? honor~ge body ~o v~cate sa~d s~reec o? The legal descriptimn is as follows' P.O.Box 729 Port Orchard,WA 98366 LEGAL DESCRIPTION CF ~3UTT,:NG PROPerTY This and r.': that time fi I ed on the fee -~he-rece'ps number ~s AS se: forth in RC~ 35.Tg.g3~, if &pl~rcved, ~ece~ve :he vacated ~¢rticn ~' ~ ~mOunt which does rata%ed. - oo.~ 3C: G i,..~ jacra 0i7 ' STREET VACATION REQUEST MARINE DRIVE ENGINEERING STAFF REPORT CITY COUNCIL HEARING DATE: October 20, 1999 PREPARED BY: Ned Lever SUMMARY A. Applicant: Loren and Karen Olsen P.O. Box 729 Port Orchard, WA 98366 B. Location: A five foot wide, 200 foot long strip of R-O-W located along the north margin of Marine Drive just west of Dora Avenue. C. Attachment: City of Bremerton Application for Right-of-Way BACKGROUND The applicants have petitioned the City of Bremerton to vacate a portion of Marine Drive Right-of-Way that abuts their property (approximately 1,000 sf). There are no other properties that abut this portion of the right-of-way. The vacation will eliminate a jog in the right-of-way line and will increase the buildable area of the abutting property due to improved building setback locations. In addition the vacation is being processed simultaneously with a dedication of right-of-way by these same applicants. The dedication is located at the northwest corner of Marine Drive and Dora Avenue and will benefit the City by accommodating the construction of sidewalks on Dora. The dedication has been completed as par[ of a recent short plat and was considered as part of the compensation for the right-of-way vacation. Finally, the proposed area to be vacated is located at the top of a grassy slope and does not contain any public utilities. See the attached application for a sketch of the area in question. RIGHT-OF-WAY CONDITIONS · Functional Classification Collector · Existing R-O~WWidth 95 feet · Proposed R-O-WWidth 90 feet · Pavement Width 22 feet · Surface Type Asphalt · Curb and Gutter none · Sidewalks none October 5, 1999 Street Vacation/BTC Project/Engineering Report Page 1 of 3 HEARING CONSIDERATIONS BMC 1'1.20.120 sets forth issues that the City Council needs to determine at the conclusion of the Vacation Hearing. These issues and the staff position are: 1. Whether the street, alley or portion thereof is no longer required for public use and vacation of the described portion will better serve the public good. Staff Position: This portion of Marine Drive is no longer required for public use. The area encompasses the top of a grassy slope and does not contain any public utilities. 2. Whether the vacation is consistent with the City Comprehensive Plan. Staff Position: The proposed vacation does not conflict with the comprehensive Plan and the property to be dedicated will allow for improved pedestrian infrastructure on Dora Avenue. 3. Whether continued use of the proposed vacation as a public way is not of such public benefit as to not justify the costs of maintenance. Staff Position: This is a vegetated portion of the right-of-way. The maintenance has been and will remain the responsibility of the adjacent property owner. 4. Whether substitution of a new and different thoroughfare would be more useful to the public. Staff Position: This is not an issue the capacity of Marine Drive as a thoroughfare will not be impacted. 5. Whether conditions may so change in the future as to provide a greater public use or need than presently exists. Staff Position: The resulting width of right-of-way after the vacation will still allow for the pavement widening and sidewalk improvements that could occur in the future. October 5, 1999 Street Vacation/BTC Project/Engineering Report Page 2 of 3 6. Whether objections to the proposed vacation are made by owners of private property abutting the same. Staff Position: No objections have been received from any abutting property owners. The petitioners (Loren and Karen Olsen) are the only abutting property owners, SHORELINE ACCESS This portion of right-of-way does not provide shoreline access. UTILITIES Ail private utility companies have been contacted and there are no utilities located within this portion of the right-of-way. SUFFICIENCY OF SIGNATURES The request for the vacation was made by more than two-thirds of the owners abutting the property to be vacated on a front footage basis. COMPENSATION The compensation amount of $88.33 has been paid and the corresponding dedication of right-of-way has been completed through the short plat process. STAFF RECOMMENDATION No comments were received from Police, Fire, or Community Development staff. Staff recommends that this Street Vacation be approved as requested without modification. NL/nl 99313 October 5, 1999 Street Vacation/BTC Project/Engineering Report Page 3 of 3