HomeMy WebLinkAbout10/20/99 AGENDA5.
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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
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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.
//
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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