HomeMy WebLinkAbout02/05/97 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
FEBRUARY 5, 1997
CALL TO ORDER - 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
t
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.
A. Minutes - January 22, 1997
#AB97-019
#AB97-020
B. Minutes - January 29, 1997
3. CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. MAYOR'S REPORT
6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Contract Extension With Megan E. Kalsen,
Grants Writer
Be
Pendergast Park Entrance Road Easement With
The Washington State Military Department
Wastewater Treatment Plant Odor Control
Project - Amendment No. 10 With R. W. Beck
For Professional Services
#AB97-021
SR3/SR304 Bremerton Ferry Terminal to Gorst #AB97-024 ,~/'~
Transportation Improvement Project - Consultant
Services Agreement With Parametrix, Inc., For
Design Services On The SR304 Transportation
Improvement Project
(CONTINUED NEXT PAGE)
(CONTINUED NEXT PAGE)
ORDINANCES
A. Ordinance (First Reading) Declaring A Nuisance
For Frequent Criminal Activity At A Residence
And Abating The Nuisance
B. Ordinance (First Reading) Regarding Vegetation
Control
#AB97-025 /'be
#AB97-026 /~9/
00 Ordinance (First Reading) Regarding Amending #AB97-027
Zoning Ordinance To Restrict Number of Motor
· Vehicles, Boats And Trailers Parked On Residential
Lots
Ordinance (First Reading) Amendment Of Housing
Code
Ordinance (First Reading) Recovery Of Direct
Costs Of Abatement Actions
Fo
Ordinance (First Reading) Declaring Graffiti A
Nuisance And Establishing Abatement procedures
# 97-o .8
#AB97-029 i~'o
#AB97-0 0
9
PUBLIC HEARING - 6:00 P.M. OR LATER
A. Resolution #2584, Regarding Recovery Of Fees
For The Abatement Of The Property Located
At 108 N. Cambrian Avenue
ORDINANCE
AN ORDINANCE declaring certain vegetation a public nuisance as a fire hazard and a
menace to public health, safety and welfare and requiring its abatement; and amending
Bremerton Municipal Code chapter 11.16.
WHEREAS, RCW 35.21.310 allows the City to abate vegetation which is a fire hazard
or public nuisance and assess abatement costs as a lien against private property; now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Recodification. Chapter 11.16 of the Bremerton Municipal Code shall be
recodified as chapter 9. 14. with section references in chapter 1 1.16 corrected to reflect the same
section in section 9.14 unless otherwise amended by this ordinance.
Section 2. New Section. A new section 9.14.005 is added to the Municipal Code to read
as follows:
.005 PURPOSE This chapter is an exercise of the City's police power to protect he public
health, safety and welfare; and to provide enforcement, abatement and collection of abatement
expenses by the City. This chapter shall be enforced for the benefit of the general public, not for
the benefit of any particular person or class of persons.
It is the intent of this chapter to place the obligation of complying with its requirements
upon the owner or occupier of land within the scope of this chapter and not to impose any duty
upon the City or any of its officers, officials or employees which would subject them to damages
in a civil action.
Section 3. Amendment. Section 11.16.010 is recodified as 9.14.010 and further
amended to read as follows:
NUISANCE DECLARED.
(a) The owner of any property within the City shall remove or destroy all trees, plants,
WEEDS.ORD - Ordinance Disk 2 - 2/5/97 1
shrubs or vegetation, or any parts thereof, which overhang any sidewalk or street or which are
situate on the property or on the portion of the street or sidewalk abutting thereon, in such manner
as to obstruct or impair the free and full use of the sidewalk or street, including the interruption
or interference with the clear vision of pedestrians or persons operating vehicles thereon, or
interfering with sidewalks, streets, poles, wires, pipes, fixtures or any other part of any public
utility situate in the street.
(b) It is unlawful and a nuisance for the owner or occupant of real property, including any
unimproved planting strips, right-of- way or similar area abutting and adjacent to such real
property to allow, continue or maintain the following vegetation:
(1) Grass and weeds exceeding twelve inches in height except in areas maintained for
domestic livestock.
(2) Shrubs. brush, vines, trees or other vegetation growing or which has grown and died,
and organic debris, which constitutes a fire hazard, or provides a harborage for rats. rodents or
horticultural pests.
(3) Noxious and poisonous plants, including poison ivy, poison oak, poison hemlock,
poison sumac, nettles and nightshade.
Section 4. New Section. A new section 9.14.018 is added to the Municipal Code to read
as follows:
.018 EXEMPTIONS. The following are exempt from the application of this chapter:
1) Undeveloped publicly owned properties including natural open space and watershed
lands.
2) Private property designated as open space land, farm and agricultural land and
2
WEEDS.ORI) - Ordinance Disk 2 - 2/5/97
timberland under Chapter 84.34 RCW and taxed at current use assessment.
3) Wetlands and critical areas designated for protection under the Growth Management
Act, Chapter 36.07A RCW.
4) Parcels of land greater than 13000 square feet, provided the perimeter 50 feet of these
parcels must be maintained in compliance with section .010.
Section 3. Effective Date. This ordinance shall become effective ten (10) days from
passage and publication.
APPROVED by the City Council of the City of Bremerton this day of
, 1997.
PASSED by the City Council of the City of Bremerton this day of
,1997.
DAVID D. FARR, Council President
APPROVED this
day of
,1997.
ATFEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
3
WEEDS.ORD - Ordinance Disk 2 - 2/5/97
Insurance Coverage
A. Worker's compensation and employer's liability
insurance as required by the STATE.
B. General commercial liability insurance in an
amount not less than a single limit of one million
and 00/100 Dollars ($1,000,000.00) for bodily
injury, including death and property damage
per occurrence.
C. See below.
Excepting the Worker's Compensation insurance and
any professional liability insurance secured by the
CONSULTANT, the AGENCY will be named on all
certificates of insurance as an additional insured. The
CONSULTANT shall furnish the AGENCY with
verification of insurance and endomements required
by this AGREEMENT. The AGENCY reserves the
right to require complete, certified copies of all
required insurance policies at any time.
All insurance shall be obtained from an insurance
company authorized to do business in the State of
Washington. The CONSULTANT shall submit a
verification of insurance as outlined above within
14 days of the execution of this AGRFFMENT to
the AGENCY.
No cancellation of the foregoing policies shall be
effective without thirty (30) days prior notice to
the AGENCY.
~-.,-:,-:, u t. ...... _,__1, .:,~,_ CCNSL~T~,~If,o-
The AGENCY will pay no progress payments
under Section V until the CONSULTANT has fully
complied with this section. This remedy is not exclu-
sive; and the AGENCY and the STATE may take
such other action as is available to them under other
provisions of this AGREFMENT, or otherwise
in law.
XlV
EXTRA WORK
A. The AGENCY may at any time, by written order,
make changes within the general scope of the
AGREEMEaNT in the services to be performed.
B. If any such change causes an increase or decrease
in the estimated cost of, or the time required for,
performance of any part of the work under this
AGREEMENT, whether or not changed by the
order, or otherwise affects any other terms and
conditions of the AGRF. F~MENT, the AGENCY
shall make an equitable adjustment in the
(1) maximum amount payable; (2) delivery or
completion schedule, or both; and (3) other
affected terms and shall modify the AGREE-
MENT accordingly.
C. The CONSULTANT must submit its "request
for equitable adjustmenf' (hereafter referred to
as claim) under this clause within 30 days from
the date of receipt of the written order. However,
if the AGENCY decides that the facts justify it,
the AGENCY may receive and act upon a claim
submitted before final payment of the
AGREEIVI~.
D. Failure to agree to any adjustment shall be a
dispute under the Disputes clause. However
nothing in this clause shall excuse the CON-
SULTANT from proceeding with the
AGREEMENT as changed.
E. Notwithstanding the terms and condition of
paragraphs (a) and (b) above, the maximum
amount payable for this AGREEMENT, shall
not be increased or considered to be increased
except by specific written supplement to this
AGREEMENT.
XV
ENDORSEMENT OF PLANS
The CONSULTANT shall place his endorsement on
all plans, estimates or any other engineering data
furnished by him.
The Consultant agrees to maintain professional liability insurance for the professional services
performed under this contract. The limits of said insurance shall be at least $1,000,000 per
Occurrence and $2,000,000 in the Aggregate. The insurance shall be maintained to cover the
design and construction period of this project and will include a discovery period of three (3)
years alter substantial completion of the construction.
Local Agency Guidelines Page 7 of 34
September 1995
January 20, 1997
Mayor Lynn Horton
Bremerton City Council
239 Fourth Street
Bremerton, WA 98337
Dear Ms. Horton and Members of thc Bremerton City Council,
I am sorry this letter is being delivered so late and after you voted on Wednesday, January 15, 1997, on
the new animal services kenneling contract. The contract with Olympic Kennels did not end until
December 31, 1998. But on Monday, January 13, 1997, I received a call from Bremerton Animal Control
telling me that the contract was given to McDonald Farm Kennel to save money. On Wednesday,
January 15 at about 5 PM I received a call from a friend here in town telling me that the Contract was on
tonight's meeting agenda for the Bremerton City Council. Although I attended the meeting, I was not
prepared to make a statement.
Much of the information you were given regarding changing to McDonald Farm Kennel is incorrect or
misleading.
To start out with, it appears that the City is unhappy with the price they are paying. If you remember back
in 1992, Olympic Kennels was called into City Hall to discuss a contract. Olympic Kennels was asked if
they could provide the required services per service specifications for this amount of money. Therefore,
the current price of $23,294 plus added kennels and cages was your offering figure. If the costs were more
than you planned, a renegotiated price could be worked out.
Your agenda states that the additional kennels and cages cost an extra $1,113.00 ($24,407 minus
$23,294). This information is untrue. Enclosed are copies of the statements sent to the city for additional
expense reimbursement from Olympic Kennels. The following is a summary:
DATE DOGS COST CATS COST SUPPLIES
Jan 96 7 55.44 4}- 4}- 12.39
Feb 96 4}- 4}- 4}- 4}- 66.49
Mar96 -0- -0- 4}- -0- 4}-
Apr 96 22 178.86 4}- 4}- 71.74
May 96 -0- 4}- 4}- 4}- 4}-
Jan 96 4}- 4}- 4}- 4}- 64.28
Jul 96 4}- 4}- 1 3.48 30.74
Aug 96 4}- 4}- 4}- 4}- 38.86
Sep 96 6 48.78 4}- 4}- 124.69
Oct 96 3 24.39 6 20.88 136.21
Nov96 4}- 4}- -0- 4}- 4}-
Dec 96 1 8.13 4}- -0- 31.15
TOTAL 39 307.47 7 24.36 576.55
As you can see, the rate reduction per dog is only $2.13 (8.13 - 6.00) not $3.29 and cats are $.48 (3.48 -
3.00) not as was stated on the agenda bill. With only 39 extra dog runs used all year ~ $2.13 each which
equals $83.07 and 7 extra cat cages used all year at $.48 equals $3.36 for a total of $86.43 in savings.
Your statement said that McDonald Farm Kennel is closer and takes considerably less travel time.
several trips on the mute that the Bremerton Animal Control employees would take, thc following
information was compiled:
Al[er
Olympic Kennels to the Truck Bay (by Auto Center):
10.5 miles/13 minutes.
McDonald Farm Kennel to the Truck Bay (by Auto Center):
9.5 miles/11 minutes.
Olympic Kennels to City Hall:
12.2 miles/18 minutes.
McDonald Farm Kennel to City Hall:
11.0 miles/20 minutes.
As you can judge for yourself, this is not a significant reduction in manpower and/or travel time.
Therefore it appears that the saving for the Police Department Budget is not $1000.00 as stated on the
council agenda but $380.00, $294.00 (23,294 - 23,000) from the annual contract and 86.00 from
additional kennel/cage use.
Olympic Kennel was designed and built to provide the best conditions for all boarded animals: all dogs,
large or small, young or old, and cats of all sizes and temperaments.
The dog kennels are all inside steel and concrete buildings where they are protected from all elements;
the sudden hot days in summer or the opposite extreme, the cold days with or without snow like we
experienced just recently, not to mention the usual dampness of rainy days. Also by being inside the
animals are protected from predators. The kennels are all 4' wide by 12' long with a heated sleeping pad
making the total kennel almost 15' long. The kennel floor is sloped with a drain to the septic tanks which
makes for suburb sanitary conditions, an important fact considering the dogs live in their space 24 hours a
day. This size space allows the animals to choose the most comfortable spot for sleeping--on the heated
pad or not. They also have plenty of room for exercising.
The cat cages are in a large room with lots of light and windows to make it bright and cheery. The cages
are all stainless with round comers for ease of cleaning. The cages 28" deep and 36" long are used for the
single cats and the 28" deep by 48" long are used for kittens and/or mother cats with kittens. There is
activity around the cat room all day long so they feel very comfortable, like home.
All of the pets are feed a top line of food and given the best of care. The kennel provides the very best in
living quarters. Much cheaper ones could be built but Olympic Kennels is in the animal care business to
provide the best care possible to all animals.
When you arrive at Olympic Kennels you will find the door open, heat on and someone nearby to greet
you and help you with your pets problems.
McDonald Farm Kennel is a lot different than Olympic Kennels, for example: the dog kennels are in 2
parts, a 4' by 4' room inside a building with a 4' by 12' nm on the outside under a fiberglass patio style
roof. There is a hole 12" wide by 16" high in the wall of the building inside each kennel so the dog can
go in and out. On cold days like we had this winter, there is no place where a dog can stay warm. The
best the pet can do is to lay on the floor inside by an open hole with 20 degree outside air blowing in. At
night, all dogs are locked into this 4' by 4' pen. If the room temperature is too low the small and yonng
pets freeze and ff it is too high the big outside dogs are all too hot. No provision is made for the comfort
and safety of all animals. During the snow this year a lot of the fiberglass patio style reof shed over the
outside runs came down leaving the animals out in the rain, snow, wind & cold. The areas where the roof
did not come down are almost as bad, when we have a day with very high humidity it is almost like rain
under this type of roof. Not very comfortable or safe for the pets.
A large portion of the animals impounded by Bremerton Animal Control are young kittens and puppies,
some as young as newborns. What kind of mess will you have if you put a litter of puppies in a 4' by 4'
kennel with an open door and extreme (very hot or cold) outside temperatures.
Security at McDonald Farm Kennel is not very goal ff someone wanted to pick up their do~ all they
would have to do is open the outside gate and leave with it.
The cat room is small, dark and dingy. The cat boxes are about 18" by 24" and made of either tin or
particle board with square comers, almost impossible to keep clean. There is no one around the kennel
and animals during the day. The kennels are unattended most of thc time.
My research in animal care facilities confirms the fact that all State of the Art facilities are enclosed
indoor heated, cooled and properly ventilated with sewer systems for ease in cleaning. The following is a
list of such facilities located in our area:
Kitsap Humane Society
City of Shelton
The Humane Society for Tacoma and Pierce County
Women's Correction Center in Purdy
Therefore, the residents of Bremerton and I ask why you would choose to kennel their pets in a less than
State of the Art facility for a very small saving - $380.00 - which could possibly have been a larger
amount had the contract been renegotiated in a businesslike way at a prevcn up to date facility.
Thank you for your time.
R~~submitted,
Don Smith
Olympic Kennels
SUBJECT:
AGENDA BELL
BREMERTON CITY COb-NCIL
ANIMAL SERVICES KENNELING
CONTRACT
FOR AGEND~ OF: 1-15-97
ORIGINATING DEPT: PoliCe/Animal Control
ORIGINATOR: Deborah
DATE SUS I EO: ' --
2. ~: (comment on back 3.
.~ /~/,~ if necessary) .
z-,f ~Chief' Paul DuFresne, Police
· "'----~' ~Rich Hanna, Treasurer
~ ~_~~Slevers, City Attorney .
perationsCommittee
4. SUMMA]~Y STATEMENT kND REOUIREMENT FOR' COUNCIL ACTION:
This is a r~quest for changing the City Kenneling Contract' from Olympic Kennels to
McDonald Farm Kennels.
The City has had a kenneling contract with Olympic Kennels in Belfair since 1992 and is
currently paying $23,294.00 annually. The current kennel supplies 10 indoor dog kennels.
and 10 indoor cat cages with accommodations for 5 additional dogs @ $8.29 per dog per day
and 5 additional cat units @ $3.29 per cat p~r day. (Approximately $24,407.75) It is
necessary to make one to two trips to the kennel a day, usually around heavy traffic hours
through the Gorst corridor.
McDonald Farm Kennel has agreed to enter into a similar three year contract beginning
March 1, 1997 for $23,000 annually and would supply 10 combination indoor and outdoor dog
and 10 cat units along with 6 additional combination indoor/outdoor dog @ $6.00 per day
8. RECOMMENDATION: (continued)
The City Council approve the change of the current kenneling contract from Olympic
Kennel to the new proposed contract with McDonald Farm Kennel.
9. RESPONSIBLE OFFICIA3~:
ENFORCEMENT OFFICIAL: ....
EXPIRATION DATE :'
REVIEW DATE:
PULLED .. TABLED
cOuNcIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
AMENDED
2 · CLEARANCE COMMENTS
SUMMARY COMMENTS CONTINUED
and 6 cat-'~nits @ $3.00 per .day. McDonald Farm Kennel has several convenient routes,
is closer and takes considerably less travel time. The McDonald Farm Kennel has more
accommodations to offer than Olympic Kennel for less money, t.ime and effort.
IMPk'CT ON NON-PASSAGE:
C~ntinue with present contract, hiEher costs, more manpower ~ime and effort,
6. IMPACT ON STAFFING, BUDGETS, FACILITIES EOUIPMENT OR OTHER RESOURCES.:
Included in Police Department budEet with savinEs of approximately $1,000.00 or more for the
year 1997, and reduction in manpower effort and travel time, which allows for more coveraEe
time for citizens. More improved caEe space available for cats. More improved kennel space
with both indoor and outdoor covered runs for does. Keduction in auxiliary rate for does
(3.29 plus doE per day) and. for cats ($.38 plus per cat per day).
7. RESEARCH SOURCES:
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ORDINANCE NO. ~
AN ORDINANCE declaring residences used by frequent offenders to be a public
nuisance and subject to abatement.
WHEREAS, properties with occupancy by persons involved in drug-related activity and
violent crimes creates a pattern of property use which threatens the safety and security of residential
neighborhoods, increases vehicular and pedestrian traffic, increases noise disruptive to the peace and
repose of surrounding properties, and creates frequent calls for police and fire services associated
with use of the property; now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. New Chapter. A new Chapter
NUISANCE, is hereby added to Chapter
., CRIMINAL ACTIVITY
to read as follows:
· 010 NUISANCE DECLARED - AUTHORITY.
(a) Every building or unit within a building used as a dwelling by persons convicted of
offenses related to controlled substances as defined in chapter 69.50 RCW, 69.41 RCW or 69.52
RCW or public disturbance offenses which have an adverse impact on the surrounding neighborhood,
and otherwise meets the criteria of a criminal activity residence, is a public nuisance which shall be
abated under this chapter.
(b) "Public Disturbance Offenses" as used in this chapter includes, but is not limited to, any
of the following crimes:
(1) Assault in the first degree (RCW 9A. 36.011);
(2) Assault in the second degree (RCW 9A.36.021);
(3) Assault in the third degree (RCW 9A36.031);
(4) Assault in the fourth degree (RCW 9A.36.041);
(5) Assault ora child in the first degree (RCW 9A.36.120);
(6) Assault of a child in the second degree (RCW 9A36.130);
CRIMACTI .ORD - Disk 2 - 2/5197
(7)
(8)
(9)
(lO)
(11)
(12)
(13)
(14)
(15)
(16)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
Child molestation in the first degree (RCW 9A.44.083);
Child molestation in the second degree (RCW 9A.44.086);
Child molestation in the third degree (RCW 9A.44.089);
Extortion in the first degree (RCW 9A.56.120);
Extortion in the second degree (RCW 9A. 130);
Harassment (RCW 9A.46.020);
Malicious harassment (RCW 9A.36.080);
Telephone harassment (RCW 9A.61.230);
Reckless endangerment in the first degree (RCW 9A. 36.045);
Reckless endangerment in the second degree (RCW 9A.36.050);
Reckless endangerment in the second degree (RCW 9A.36.050);
Coercion (RCW 9A.36.070);
Burglary in the first degree (RCW 9A.52.020);
Burglary in the second degree (RCW 9A. 52.030);
Criminal trespass in the first degree (RCW 9A. 52.070);
Criminal trespass in the second degree (RCW 9A. 52.080);
Malicious mischief in the first degree (RCW 9A.48.070);
Malicious mischief in the second degree (RCW 9A.48.080);
Malicious mischief in the third degree (RCW 9A.48.090);
Kidnaping in the first degree (RCW 9A.40.020);
Kidnaping in the second degree (RCW 9A.40.030);
Unlawful imprisonment (RCW 9A.40.040);
CRIMAC~F1.0RD - Disk 2 - 2/5/97 2
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
.(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
Indecent liberties (RCW 9A.44.100);
Rape in the first degree (RCW 9A.44.040);
Rape in the second degree (RCW 9A.44.050);
Rape in the third degree (RCW 9A.44.060);
Rape of a child in the first degree (RCW 9A.44.073);
Rape of a child in the second degree (RCW 9A.44.076);
Rape of a child in the third degree (RCW 9A.44.079);
Residential burglary (RCW 9A.52.025);
Stalking (9A.46.110);
Violation of a temporary or permanent protective order issued pursuant to chapter
9A.46, 10.14, 10.99, 26.09, or 26.50 RCW;
Prostitution (BMC 9.24.020);
Permitting prostitution (BMC 9.24.050);
Soliciting prostitution (BMC 9.24.060);
Drug related loitering (BMC 9.88.010);
Disorderly conduct (BMC 9A.44.020);
Lewd conduct (BMC 9A.44.070);
Unlawful disposal (BMC 6.04.050); and
Public disturbance noise (BMC 6.32.110).
(c) As used in this chapter, "criminal activity residence" means a building or unit within a
building occupied by a person or persons convicted under the above statutes or comparable city
ordinances of three felonies, or any combination of felonies, misdemeanors, gross misdemeanors or
CRIMACTI .ORI) - Disk 2 - 2/5/97 3
infractions totaling five or more, within a one year period, provided said convictions have an adverse
impact on the surrounding neighborhood. The adverse impact associated with the conviction
includes, but is not limited to, unlawfully manufacturing, delivering, selling, storing or giving away
any controlled substance, legend drug or imitation controlled substances as defined in chapters 69.50,
69.41 and 69.52 RCW; arrests or searches by law enforcement personnel; police or fire response at
the premises or within 100 yards thereof, commission of any act which is an element of the offense.
(d) This chapter is enacted under authority of Art 11 § 11 of the state constitution and RCW
35.22.280(30), 7.48.155, 7.48.220 and 7.48.240.
.020 ABATEMENT ORDER - ISSUANCE - APPEAL. Upon the discovery of
a nuisance defined by this chapter, the Chief of Police or designee may issue an order of abatement:
(a) Directing the owner and person(s) in possession of the premises to abate it by closure of
the building or unit within a building against its use for any purpose and to keep it closed for a period
of one year unless released sooner as provided in this chapter; said order to take effect fourteen days
after serve and posting under section (.030).
(b) Stating that while the order of abatement remains in effect, any person entering the
building without the consent of the Chief of Police shall be charged with trespass.
(c) Describing the nature of the nuisance under this chapter, specifying a reasonable time
within which the building must be vacated and secured, and the right of the owner or occupant to
appeal to the Hearing Examiner pursuant to BMC 2.62.045. The effective date of the abatement
order shall be stayed pending administrative appeal.
.030 ABATEMENT ORDER - SERVICE - POSTING. At least fourteen days
prior to the effective date of the abatement order the Chief of Police shall post a copy of the order
CRIMACTI .ORD - Disk 2 - 2/5/97 4
in a conspicuous place on the building or unit subject to abatement, and serve a copy on the property
owner and any person in possession of the property, if known, personally or by first class mail. Upon
the effective date, the abatement order shall be filed with the Kitsap County Auditor for recording.
.040 ABATEMENT ORDER - CANCELLATION - STAY.
(a) If the Chief of Police, or the Hearing Examiner upon appeal, finds and concludes that the
owner of the building or unit within a building: (1) had no knowledge of the existence of the nuisance
or has been making reasonable efforts to abate the nuisance, and (2) will immediately abate any such
nuisance that may exist at the building or unit within a building and prevent it from being a nuisance
within a period of one year thereafter, the Police Chief or Hearing Examiner shall, if satisfied of the
owner's good faith, order the building or unit within a building to be delivered to the owner, and the
order of abatement shall be canceled. If an order has been entered and the owner subse~quently meets
the requirements of this section, the order of abatement shall be canceled.
(b) If the Chief of Police, or the Hearing Examiner upon appeal, finds and concludes that: (1)
a tenant of the building or unit within a building, the tenant's household or tenant's guests are not
solely responsible for creation of the criminal activity residence nuisance, and (2) had no knowledge
ora history of occupancy of the building or building unit creating the nuisance, the effective date of
the order of abatement shall be stayed to allow sufficient time to terminate the tenancy under the
Residential Landlord Tenant Act (chapter 59.18 RCW) or a current rental or lease agreement
submitted by the landlord or tenant.
.050 NONEXCLUSIVE REMEDY. The provisions of the Chapter relative to
the abatement of criminal activity nuisances are not exclusive, and all other rights or remedies of the
City or any citizen, including drug nuisance abatement under Chapter 7.43 RCW, are declared to
CRIMACTI .ORD - Disk 2 - 215/97 5
remain in full force and effect.
060 PENALTIES.
knowingly:
It shall be unlawful and a violation of this Chapter to
(a) Occupy or suffer to be occupied any building or premises ordered vacated;
(b) Fail to comply with any order issued pursuant to this Charter; or
(c) Obstruct any officer or agent of the City of Bremerton or other governmental unit in the
enforcement of this Chapter. Violation of this Chapter is a gross misdemeanor.
Section 2. Effective Date. This ordinance shall take effect ten (10) days from passage and
publication.
1996.
1996.
APPROVED by the City Council of the City of Bremerton this __
PASSED by the City Council of the City of Bremerton this __
day of
day of
DAVID D. FARR, Council President
APPROVED this __ day of ., 1996.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
CRIMACTI .ORD - Disk 2 - 215197 6
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: MINUTES - JANUARY 22, 1997
FOR AGEND~ OF: FEBRUARY 5, 1997
ORIGINATING DEPT: City Ccunci!
ORIGINATOR: D~..~ =.-~ President
DATE SUBMITTED:
2. ~_~: (comment on back
if necessary)
3. EXHIBITS:
ENDORSEMENT __ INFORMATION __ APPROVED BY couNcIL.~RES~E~T FOR SUBMITTAL:
MAYOR coUNcIL PRESIDENT
4. SII~Y STATEMENT AND REQUIREMENT FOR'COUNCIL ACTION:
8. RECOM/4ENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
AMENDED
11. AGENDA 'KILL NO:
TAPE #1435
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JANUARY 22, 1997
#0030
#0053
The regular meeting of the City Council of the city of BREMERTON
was called to order in the City Council Chambers, 239 4th Street,
BREMERTON, Washington, Wednesday, January 22, 1997, at 5:30 P.M.,
with Council President David Farr presiding. Council members
present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees,
Richard Neville, Lon Overson, John Law, Cecil McConnell, and A1
Colvin. Also present were City Attorney Ian Sievers and Acting
City Clerk Paula Johnston.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Major LaVergne Nickerson of
the Salvation Army.
CONSENT AGENDA
A. Minutes -- January 8, 1997
#AB97-011
M/S/C/U(Neville/Montgomery) to approve the Consent Agenda as
presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
M/S/C/U(Colvin/Montgomery) on January 22, 1997, the Council does
approve for payment those vouchers included and further described
as follows: 204699, 204749, 205101, 205102, 205111 through 205282
in the amount of $451,218.22; and Regular Payroll for the period
ending January 15, 1997, in the amount of $743,546.04.
COUNCIL MEMBER REPORTS
Mr. Colvin added his belated welcome to the Officers and crew of
the USS Carl Vinson. He congratulated Reverend Cleveland Williams,
Ebenezer AME Church, Mayor Horton, Kitsap County Commissioners and
all participants in the Martin Luther King Jr. birthday
celebration. He congratulated all City employees for observing the
Martin Luther King Jr.'s birthday. He believes observing that day
brings everyone closer to the concept of one nation under God.
Martin Luther King Jr., was the youngest person ever to receive the
Noble Price, not because of his color, but in spite of it. Mr.
Colvin extended a "thank you" to Wayne Olsen for his help with
District #1 work. Recently, he met Jim Rothgeb, a newspaper
reporter, in person for the first time and as a result of that
meeting, a newspaper article was printed asking people to contact
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City Council Reg. Mtg. Minutes
January 22, 1997
Page 2 of 14
Mr. Colvin, through the City Council Office, to offer suggestions
and/or help for replanting the area at the north end of the Warren
Avenue Bridge where the Scotch broom was removed. Since that
article appeared, he has received a number of calls offering
suggestions and support for such a project. Lastly, he extended
congratulations to Jim and Lillian Walker for their courage and
perseverance in staying in BREMERTON in spite of the discrimination
they encountered when they came to BREMERTON; and since that time
it has changed.
Mr. Law reported District #3's Neighborhood meeting on January 21
was good and informative. Bob Tulp, Public works Operations
Manager, and Assistant Fire Chief A1 Duke reported on the
challenges of the New Years day storm and the lessons learned. Mr.
Tulp also discussed the lighting of Manette Bridge. Police Sgt.
Kevin Long and Sgt. Tom Pratt also provided an update at that
meeting, including Sgt. Pratt's trip aboard the USS Carl Vinson
from California to Washington. The welcoming of the USS Carl
Vinson was enthusiastic and well organized in spite of the rainy
weather. The welcoming committee was the most energetic and
innovative that he has seen in his 35 years experience working on
such events. He credits the "welcoming" success on the committee
and particularly John Gordon, PSNS Public Affairs Officer. He
encouraged everyone to extend a special welcome to the USS Vinson
crew and their families.
Mr. Overson reported he attended the BREMERTON Planning Commission
meeting on January 21, where the Sinclair Landing Project was
discussed. Many people attended that meeting (standing room only
in the Council Chambers) and lots of questions were asked and were
answered well, with some needing further research. The audience
showed support for the project.
Mr. Neville announced the Central Sound Ferry Advisory Committee's
annual meeting will be held on January 27, 1997, 6:30 - 8:30 P.M..
The topic of discussion at that meeting will be the future use of
the ferry system and the population and job growth projections for
this area, as well as King County, Pierce County and Snohomish
County. Their projects through the years 2020 shows Kitsap
County's population growing around 57.6% and an increase in jobs
around 25.9%. He encouraged attendance at that meeting and
pointed out it will be televised over TCI Channel 12.
Mrs. Huff-Menees reported she also attended the Planning Commission
meeting where many concerns were expressed regarding the
interruption or fear of interruption of ferry service when
construction begins on the Sinclair Landing project. She also
encouraged members of the public to attend the Ferry Advisory
Committee meeting because those issues need to be addressed with
3
TAPE #1435
City Council Reg. Mtg. Minutes
January 22, 1997
Page 3 of 14
representatives from the ferry service.
Mr. Montqomez7 reported he was a member of the crowd on the
boardwalk for the welcoming of the USS Carl Vinson and observed
that the crew members were very happy to arrive in BREMERTON in
spite of the rain and no one on the boardwalk complained about the
inclement weather, they were just happy to see the ship arrive. He
hopes the Navy continues their probe to homeport two more carriers
in BREMERTON. Such action would benefit both the City and the
Navy.
Mr. Winters read the following statement: "I would like to see the
City, and he hopefully will be the one, to lead the rebirth of the
discontinued Cable Committee into the future of a
Telecommunications Citizens Advisory Board also to discuss the
topics that relate to cable view concerns, ideas and
recommendations and the future of telecommunications, which is here
and now. In the City of BREMERTON we need to create, discuss and
organize drafting a Telecommunications Ordinance that will insure
the protection of revenues and right-of-ways. He needs to have the
citizens involvement committee along with himself be in a proactive
position in creating and drafting this information to send on to
the Mayor's office and then on to the Council for their approval.
Mr. Winters will be attending the "Wireless Buildout Conference" on
February 24, which will be held at Seatac. He read the following
quote from the conference flyer: "As someone who is struggling
desperately to get a draft ordinance before an eagerly anticipating
City Council and City Manager, I would heartily recommend attending
the Wireless Buildout Conference for insight, education, and an
opportunity to converse with industry representatives, carriers,
providers, property owners, federal, state and local government
representatives, in order to create good regulations that work for
everyone." He offered his assistance to Councilman Colvin in the
replanting project. He noted prior to the Council meeting
Assistant Fire Chief A1 Duke circulated pictures of the damaging
results of the recent snow storm (Dec. 26-29); and he believes the
City should extend a hand to help those, such as the Albertson
Store, to rebuilt.
Mr. Fart reported he was fortunate to attend the Martin Luther King
Jr. Scholarship Fund Luncheon on January 19. He noted part of the
program was to "roast" Jim and Lillian Walker; however, they have
done so many wonderful things that the comments about their service
were all very complimentary. He again extended "congratulations"
to the Walkers for their many years of community service.
PUBLIC RECOGNITION
Police Chief Paul Du Fresne, representing the East BREMERTON Rotary
Club, announced an upcoming International Auction, sponsored by the
TAPE #1435
City Council Reg. Mtg. Minutes
January 22, 1997
Page 4 of 14
Rotary Club, on February 8, 1997, starting at 6:00 P.M., at the
Admiral Theater. Tickets are available at a cost of $40.00 each.
Reverend Cleveland Williams, Ebenezer AME Church and Martin Luther
King Jr., 3rd annual celebration thanked everyone who attended or
participated in the 3rd annual Martin Luther King Jr., celebration
event held on January 20. He emphasized this event was not about
one person or one group of people, it is about enhancing the
quality of life for all of Kitsap County.
Lillian Walker stated she was humbled by the recent notoriety that
she and her husband received when named "Citizens Of The Century"
and honored at the Martin Luther King Jr. Scholarship Fund
Luncheon. She thanked everyone for their many kind words and
congratulations. During the festivities she shared the following
statement: "If someone saw a problem and didn't help, then they
were part of the problem. She put out the challenge to go forth
and make our community a better place to live, not just for
yourself, but for everyone."
Kal Leitchman, BREMERTON resident, thanked the City for taking care
of the damaged sidewalk on State Street.
Tom Dorton, BREMERTON resident, stated at the previous Council
meeting he asked each Council members to drive through a specific
area to observe the flow of traffic on streets where parking was
removed from planting strips and where vehicles were parked on
planting strips. He, along with approximately 70 people attended
the neighborhood meeting on January 21, where the issue of parking
on planting strips was discussed. At that meeting, Councilman
Neville stated he would come forth with his own position paper on
this issue. He emphasized not one person spoke in favor of
removing parking from planting strips. President Fart stated he
believed there was interest on the Council regarding this issue and
there would be further discussion at a future Council Study
Session.
Julius Whitinqer, Sylvan Way Baptist Church, complimented Mayor
Horton on her presentation before a senior citizens group (Anchors)
on January 21. The group was particularly impressed with the Mayor
ability to speak, without notes, on her desires and aspirations,
her future for the City, its needs and the direction the City is
being lead. They are hopeful Mayor Horton will make her appearance
before this group into an annual event.
Roy McInnis, BREMERTON resident, echoed comments made by Reverend
Cleveland Williams regarding the Martin Luther King Jr., Birthday
Celebration event on January 20. He was amazed with the diversity
of talent performed at that event. He is very appreciative of the
TAPE #1435
City Council Reg. Mtg. Minutes
January 22, 1997
Page 5 of 14
efforts of people like the Walkers to bring about change within the
community. He related an incident he experienced in BREMERTON in
1957, when he was subjected to discrimination at a local business.
He was happy to report there has been much improvement in the
relationship of the entire population over the years between 1956
and 1997. He believes if everyone continues to work together in a
united way in Kitsap County, it can become the best place to live
in the United States.
Bill Camp, BREMERTON resident, stated because this is an election
year he respectfully asked Council, during the course of the year,
to make decisions on highly charted issues based on practicality
and principal and for the people and not on politics. Over the
past three months he believes there have been some horrendous
decisions made by Council that show no act of vision and did not
garner the support of residents when asked for their input.
Mr. Xn&uss, BREMERTON resident, stated he sought an Attorney
General's opinion, through Senator Bob Oke, on the City's charging
an 18% refuse tax on garbage collection. The "Brief Answer" in the
opinion paper stated: Leqislation enacted in 1986 (Chapter 282,
Laws of 1996) which removed refuse collection business activities
from the imposition of the state public utility tax created an
inference that, in so doing, the Leqislature has l~mited the rate
of tax that can now be imposed by cities on the revenues derived
from the conduct of such business activities. There is a
reasonable possibility that a court would conclude that current law
now imposes such a tax limitation, if the matter was litiqated."
Mr. Knauss stated Council has been on notice since 1995 and the
State Legislature has been on notice prior to that date. He went
on to further quote: "As a general rule, judicial interpretation,
unambiquous languaqe in a statute will be given effect in
accordance with its plain meaning. The court will not engage in
judicial construction to find some other intent." "Admittedly, in
the absence of evidence or obvious explanation as a matter of
policy for the subjection of refuse collection businesses to the
local tax limitations from which they were previously immune, one
may logically conclude that such a result was attributed to an
inadvertent omission on the part of the Leqislature. However, on
repeated occasions the courts have expressed their extreme
reluctance to supply omissions which may have resulted from
Leqislative oversiqht." He referenced another section of the
opinion where if they try to go in an amend the law to correct it
and if it appears they are trying to grandfather or cover up the
mistake, it could lead to further legal fights. Mr. Knauss hopes
this issue does not have to be litigated, but if it does then it
will be. He stressed the residents are being charged too much and
he tried to warn the City in 1995, but no one would listen. He
hopes someone will take note now and do Something.
TAPE #1435
City Council Reg. Mtg. Minutes
January 22, 1997
Page 6 of 14
Elizabeth Buell, BREMERTON resident, agreed with prior speakers
that residents should be allowed to park their vehicles along the
street even if two of their wheels are on the sidewalk so that
there is adequate distance in lanes for two vehicles to pass on a
two way street without one having to stop and wait while the other
passes.
Lillian Walker, BREMERTON resident, offered the services of the
West BREMERTON Garden Club for the replanting project at the north
end of the Warren Avenue Bridge.
?A - 1997 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FINAL AW~D
ALLOCATIONt
The City of BREMERTON has been notified from HUD that our actual
1997 CDBG Allocation is $600,000.00. In late summer, we began the
1997 CDBG allocation process with the application, interviews, and
Advisory Committee recommendations. On October 30, 1996, the city
Council approved the Advisory Committee funding recommendations for
$552,500.00. We are here tonight to allocate the additional
dollars. We have an additional $47,500.00 from 1997 CDBG and
$9,500.00 from unspent 1996 dollars.
Mar~lyn Waibel, Department Of Community Development, pointed out
an additional $10,000 was awarded in the Planning and
Administration category and the recommendation is to award that
amount to "Administration"; an additional $14,500 was awarded to
the Human Services category and the recommendation is to award
$4,500 to the Parks Department "Playground Express"; and $10.00 be
award to KCAP Housing Services. An additional $32,500 was awarded
in the Housing category and the recommendation is to award an
additional $8,125 to the BREMERTON Housing Rehab Program, KCAP
Weatherization Program, Kitsap Mental Health Housing Program and
Shelter America - BREMERTON Gardens Project.
Public comment - none.
Mr. McConne11 stated he was please to see the recommendation for
additional funds being awarded to KCAP Housing services and the
Playground Express.
Mr. Overson stated he was not aware of the Housing For Teens
Program and questioned if it was new? Mrs. Waibel explained Kitsap
Mental Health is purchasing a house on Burwell Street to house
teens. Kitsap Mental Health was awarded funds in 1996; however
that funding was not sufficient to accomplish the project. The
1997 allotment they will allow the project to be completed. Mr.
Overson asked for clarification of the Shelter America project?
Mrs. Waibel stated she believed this was the first time BREMERTON
Gardens had received funding through the City. The Shelter America
#1432
TAPE #1435
City Council Reg. Mtg. Minutes
January 22, 1997
Page 7 of 14
project is a small piece of a 13 million project. The Shelter
America Corporation is located in Bellevue and they have been
involved in several projects with Kitsap County Consolidated
Housing Authority. This organization works mainly getting tax
credit dollars for developers. Mr. Overson asked if the 1998 CDBG
program will be handled the same as this year, i.e., with the
committee or will all the presentations be made to the Council and
they in turn will make the final recommendations? Mrs. Waibel
stated that would be up to the City Council. She was under the
assumption the same process would be used for the coming year as in
the past year; however, she is open to change. Mr. Overson stated
he believed it would be an excellent education as well as
experience for all Council members to observe the presentations by
the CDBG funding applicants.
Mr. Colvin asked if this information had been presented before the
Council committees? Mrs. Waibel stated yes.
M/S/C/U(Huff-Menees/Montgomery) to approve additional funding
recommendations.
7B - CONTRACT FOR SUPPLEMENTAL LAW ENFORCemeNT SERVICES WITH
BREMERTON HOUSING AUTHORITY, ~B97-013
Request approval for the Mayor to sign the 1997 contract for
Supplemental Law Enforcement Services with the Housing Authority of
the City of BREMERTON.
Police Chief Paul Du Fresne stated he was pleased to bring to
Council the renewal of the contract that was approved in March of
1996, which will be in place until March 31, 1997. Because it is
desired to put this contract in line with the City's fiscal year
and because the reports from the City's efforts at the housing
project have been so good, the Housing Authority staff asked if the
contract could be renegotiated as of January 1, 1997. He urged
Council to authorize the Mayor to sign the contract thereby
extending it another year. The only changes in the contract are
the addition of an inflationary rate for the additional expenses
the City might incur in servicing the contract as well as some
documents outlining the procedures for assisting in security
checks, as required by Federal law, for applicants to live in
subsidized housing. He believes the contract with the Housing
Authority has been of benefit to the residents of Westpark, Housing
Authority and the City.
Bill Camp, BREMERTON resident, commented on Police Department
statistics relating to crime levels throughout the City, including
Westpark, which has 600 households that represent nearly 1,500
people. He pointed out crime statistics reveal there was less
crimes being committed in Westpark than in some parts of the City
TAPE #1435
City Council Reg. Mtg. Minutes
January 22, 1997
Page $ of 14
and he believed that could be attributed to the presence of the
BREMERTON Police Department within the Westpark complex. In
reviewing Attachment A, he did not support the idea of requiring
the Duty Officer to clean up the Westpark development, including
removal of graffiti, trash and debris. He also challenged the
requirement that the Duty Officer make presentations and speeches
to resident organizations and groups. It was his opinion that the
Duty Officer would be placed in the position where he would have to
prepare for such presentations on his own time without receiving
compensation. He referenced item 31 in Attachment A, which says
the Duty Officer will further the BREMERTON Housing Authority's
mission and objectives that is not restricted by legal or Police
Department policy. He felt a clearer definition was needed because
in his estimation the Housing Authority's mission is to provide
housing for the disenfranchised, under privileged and people out of
work. He felt that responsibility had nothing to do with what a
law enforcement official should be involved in. He has always held
the opinion that the BREMERTON Housing Authority is a problem that
needs to be solved, not that the BREMERTON Housing Authority is an
agency that solves problems. He asked if the BREMERTON Housing
Authority will now have access to the Police Department's criminal
computers to research prospective rental applicants? If that is
new, he wanted to know where this service would be cut off or would
it be made available for background checks to independent
landlords, property owners, store keepers, etc.? Chief Du Fresne
stated in regard to background checks, discussions were held with
the Housing Authority, including in all cases those people who
would be responsible for the particular task, i.e. Officer Emm,
Housing Authority clerical staff. He believes Westpark is a safe
neighborhood and the turn over of residents is extremely low;
therefore, he expects to see very few requests and those could only
be for local background checks. Criminal history through a
computer can only be obtained when a set of fingerprints is
submitted and a fee attached. Without this cooperation and
willingness on the part of Westpark to review with the Police
Department some potential tenants, they have found themselves with
residents that only after moving in became critical problems for
that community. In the past year the Police Department assisted
the Housing Authority to remove and evict people that were involved
in crimes and drugs. The possible cost to the Department for the
background checks is estimated to be minimal on a monthly basis.
The data they would be providing is public information, which could
be obtained by anyone. He anticipates their reviewing this
procedure after it has been in operation for six months to see what
financial affect it may have within the Department. The Housing
Authority, through Mr. Wallace, was agreeable to renegotiation if
the expense becomes too big a burden.
In regard to Mr. Camp's concern about the Duty Officer picking up
TAPE #1435
City Council Reg. Mtg. Minutes
January 22, 1997
Page 9 of 14
letter or responding to a police call for assistance, direction by
policy is very clear when an officer responds to a call for back up
assistance. The Housing Authority understands the primary
responsibility of the Police Officer. In the case of graffiti, it
is important that the Officer be actively seen as the first person
to identify and request removal of the graffiti, trash and litter
within Westpark. Westpark is a well kept facility, which is not
always the case in public housing projects, but maintaining that
standard speaks a lot to the level of commitment of the Housing
Authority and the residents. He emphasized the Officer on duty
would be assigned and funded through federal funds through the
Housing Authority, not City tax dollars. Some of the more unusual
aspects of the assignment do include the officer making
presentations to community groups. Schedules for such meetings and
the preparation time required are monitored so that the officer is
paid appropriately according to the Fair Labor Standards Act.
Chief Du Fresne pointed out Officer Steve Emm is well prepared for
such presentations since he has been trained as a D.A.R.E. Officer
as well as having other skills.
Mr. Overson stated when this item was presented to the Fiscal and
Budget committee he was under the impression that the proposed
contract was essentially a continuation of an existing contract.
And, he also understood that it had been reviewed and concurred in
by the Housing Authority and Police Union within the Police
Department. Chief Du Fresne stated it was not routine to submit
contracts for services to the collective bargaining representatives
for their approval. Any problems arising with the Housing
Authority contract that conflict with the collective bargaining
unit would have been brought to their attention, which have been
few. He was pleased to report that a number of Police Officers,
who are active in the collective bargaining unit, were interested
in pursuing the position in Westpark. Mr. Overson questioned if
the only change being presented to Council is the additional 3%
funding to the City? Chief Du Fresne stated yes, and clarification
of procedures used for checking local backgrounds of prospective
Westpark tenants. Mr. Overson noted Mr. Camp's concerns were
possibly legitimate if viewed from a certain prospective; however,
based on their intent there is no problem and even if there is a
problem, it can be negotiated. Chief Du Fresne stated Mr. Overson
was correct and to date there have not been any problems with those
same duties as prescribed. The only changes to the contact were
the start and stop date, the inclusion of a 3% increase for real
costs and agreeing to a procedure for checking the Police
Department's records for criminal background information.
Mr. Montgomer~stated as Council representative for Westpark he has
been attending the Housing Authority's monthly meeting. At those
meetings, he hears how well the City's Police Officer is performing
TAPE #1435
City Council Reg. Mtg. Minutes
January 22, 1997
Page 10 of 14
his duties and the positive change in criminal activity in that
area. He urged Council to approve the contract as presented.
Mr. McConnell stressed the fact that the item listed in Attachment
A regarding the picking up of litters and erasing graffiti does not
mean the Duty Officer would be actually the work. Chief Du Fresne
explained the officer is instructed to watch for those kinds of
conditions and bring them quickly to the attention of Westpark
Maintenance, Westpark Housing Council and Westpark management.
Mr. Colvin asked if the approval of the contract will require
hiring additional Police officers? Chief Du Fresne explained the
contract will continue with one full time Police Officer assigned
for supplemental patrol plus over time hours available for weekend
patrols based on the needs of Westpark. Mr. Colvin asked if
Westpark was getting more police service than other BREMERTON
residents? Chief Du Fresne stated only the additional service that
Westpark is funding. The City provides Westpark with the same base
line of service as other areas. If this contract were not in
place, they would be part of one "Police Beat". The proposed
contract gives Westpark a Police Officer on site at least 8-hours
per day. Mr. Colvin asked if any neighborhood would suffer because
of the Officer being assigned to Westpark? Chief Du Fresne stated
no, actually other neighborhoods may receive some benefit because
it gives the officer in the regular beat to focus their attention
on the areas outside of Westpark during the eight hours that
Officer Emm is at Westpark as well as over the weekends when that
area is being covered by Officers being paid overtime by the
Housing Authority. Mr. Colvin asked if there was anything illegal
about the Police Department providing background checks on
potential Westpark residents? Ian Sievers, City Attorney, pointed
out the contract clearly states that any criminal history record
provided to the Housing Authority is the same public dissemination
or disclosure that can be provided to any landlord, except it would
be provided at no charge. Mr. Colvin stated he believes this
contracted service improves the liveability in Westpark. Chief Du
Fresne stated he has received comments from members of the resident
council and others that they feel safer and know that their
neighborhood is being policed by someone who cares about them.
Mr. Law stated he had attended several functions at Westpark and
over the past two years has been impressed with the response of
residents that their quality of life has improved. He encouraged
the endorsement of every request within the contract.
Mr. Winters stated he appreciated Mr. Camp's interest in this issue
and questioning the facts written into the contract. He asked if
the proposed contract was prepared by the City? Chief Du Fresne
stated the original contract was negotiated between the Housing
I!
TAPE #1435
City Council Reg. Mtg. Minutes
January 22, 1997
Page 11 of 14
Authority and the City. Drafts of that contract were circulated
between Attorney offices, his office, through the Patrol
Supervisors, Administrative Captains and eventually presented to
Council in April of 1996. The subject contract was created in
basically the same fashion. Mr. Wintmrs pointed out an important
item listed, i.e. "Maintain a professional decorum and attitude in
all dealings with residents, visitors, superiors and other
department personnel; conduct personal life in a manner that sets
a positive example for residents, especially youth". He also
pointed out Officer Emmworks with youth in the North Mason County
area and often observes him jogging through Westpark and parts of
District #9. He would like to hear directly from Westpark
residents on how well this contract is working for them in their
neighborhood.
TAPE #1436
#0011
M/S/C/U(Montgomery/McConnell) to approve recommendation for 1997
Contract for Supplemental Law Enforcement Services with the
BREMERTON Housing Authority.
7C - BID AWARD TO STELLAR CONSTRUCTION FOR PUBLIC WORKS & UTILITIES
#0118
OPERATIONS CENTER WAREHOUSE/STORAGE BUILDING, #AB97-01a
Bids were opened for the Public Works Warehouse/Storage Building on
December 12, 1996. Eight (8) bids were received for the project
(see attached Bid Opening List). The apparent iow bidder, MDM,
Inc. withdrew their bid proposal due to a material bid tabulation
error. As a result, the second iow bidder, Stellar Construction,
Inc. is recommended for award for the base bid amount of
$225,791.00. The recommendation before City Council is approval of
the base bid contract to Stellar Construction, Inc. for the base
bid amount of $225,791.00.
Dan Miller, Project Manager, stated with the award of this contract
there are sufficient funds to fiance the construction of the new
facility. Upon City Council's approval, the construction of this
facility will further the consolidation of the Public Works Utility
Division operations that is presently divided between Oyster Bay
facility and the Olympus Drive facility. In addition, the
relocation process will allow the Fire Department to take over the
vacated warehouse on Olympus Drive for consolidation of their fire
equipment at Fire Station #3.
Public comment - none.
M/S/C/U(Montgomery/Colvin) to authorize and direct the Mayor to
execute the contract for the construction of the Public Works &
Utilities Warehouse/Storage Building with Stellar Construction,
Inc. for the base bid in the amount of $225,791.00 subject to City
Administrative Policies and Procedures.
TAPE #1436
City Council Reg. Mtg. Minutes
January 22, 1997
Page 12 of 14
Mr. Winters questioned the funding amount allocated for the
Mezzanine improvements at the Oyster Bay Facility, which are being
deferred to this project? Mr. Miller explained the Mezzanine
improvements in the 1997 budget was $105,000. Due to the fact that
this project is over the anticipated budget developed in 1996
($200,000), the Mezzanine project ($105,000) is being deferring and
those funds are being utilized to finalize the budget for the
storage facility budget ($275,000). Mr. Winters questioned the
future finishing of the Mezzanine project? Mr. Miller stated the
Mezzanine project would be included in the 1998 budget.
Mr. overson stated the justification for the project talks about
the need to continue storage, not about whether the City has too
much storage or not. He has heard that the City stores things they
should not be storing and if significant time and effort was spent
on an inventory control Program, the City's storage needs could be
considerably reduced. He asked Mr. Miller if he was aware of an
Inventory Control Program in the City? Mr. Miller stated he could
not answer that question; however, he believes there is action
underway where inventories are being reduced. He pointed out this
proposal will allow the consolidation of operations.
Mr. Law question if the City retains the Bid Bond when a bid is
withdrawn? Mr. Miller stated it was his understanding that under
State statute when there is a bid tabulation error in regards to
materials or labor the contractor has the opportunity to withdraw
from the bid within a short time after the bid opening. Mr.
Sievers stated some of the City's bid invitation specs vary with
some of them setting forth procedures for recision, but regardless
of what the bid specifications state, there is a court form rule
with various tests involved for recision that allows the contractor
to not forfeit the bid bond.
Mr. Colvin noted it wouldn't make sense to hold a contractor to a
low bid that they would not make any profit and possibly not do a
good job for the City. Mr. 8ievers stated that would be an
Engineering decision and if there isn't some kind of profit margin
for the contractor, they can be difficult to work with. On the
other hand, if the error was poor judgement the City would probably
go after the Bid Bond. Mr. Miller added the City conducts reference
checks on contractors.
Mr. Colvin questioned the urgency of this project? Mr. Miller
stated speaking for the Utilities Division, they feel it is very
necessary. He is also echoing the direction of the Public Works
Director, which is the consolidation of operations onto one site,
which is the primary reason for development of the Public Works
Complex.
/3
TAPE #1436
City Council Reg. Mtg. Minutes
January 22, 1997
Page 13 of 14
Vote on motion: Passed unanimously.
?D - LABOR AGREEMENT BY AND BETWEEN THE CITY OF BREMERTON AND THE
#0414
BREMERTON POLICE MANAGEMENT ASSOCIATIONt ~AB97-015
Pursuant to RCW 41.56, negotiations have concluded between
representatives of the City and the BREMERTON Police Management
Association, resulting in the attached Labor Agreement. This Labor
Agreement replaces the current one which expired December 31, 1996.
The new Labor Agreement's term is January 1, 1997 through December
31, 1999. It has been ratified by the Association's membership.
Council approval is required to implement the new agreement.
Jim Meith, Human resources Manager, pointed out this unit is
comprised of a Police Management group..Captains and Lieutenants.
The Agenda documentation contains a summary of the changes in the
labor agreement.
Public comment - none.
Mr. Overson noted the comparison of wages provided show BREMERTON
Police Officers compare well with other areas within our region.
Mr. Meith pointed out the percentages Mr. Overson referenced are
the spreads between the various positions, i.e., Police Officer,
Sergeant, Lieutenant, Captain, Commander. The purpose of supplying
this data was to show how they arrived at the 13% and 15% spread.
President Fart asked for clarification on the Deferred Compensation
contribution up to 2% of the employees base monthly salary rate?
Mr. Meith stated the City participates in a program whereby an
employee can contribute part of their salary that is not taxed
until their separation from the City. Under this agreement, if a
member of this unit elects to contribute some of their salary
toward that program, the City will match that contribution up to a
maximum of 2%. President Fart asked if that program is available
to all City employees? Mr. Meith stated all City employees can
contribute to the Deferred Compensation Program; however, only the
Management group, Police rank and file; Fire rank and file and the
subject group, if Council ratifies the contract, are eligible for
2% matching funds. President Parr questioned the cost to the City
if all members within this group takes advantage of the Deferred
Compensation Program? Mr. Meith stated if everyone member of this
unit participated it would cost the City $5,000 annually.
Mr. Winters commented that if you pay for quality, you get quality.
He complimented all those involved with the development of this
proposal.
M/S/C/U(Montgomery/Colvin) to approve the Labor Agreement By and
TAPE #1436
City Council Reg. Mtg. Minutes
January 22, 1997
Page 14 of 14
#0634
Between the City of BREMERTON and the BREMERTON Police Management
Association January 1, 1997 through December 31, 1999.
8A - ORDINANCE NO. 4582 (SECOND READING) AUTHORIZING THE ISSUE OF
A $Lt250t000 TAX ANTICIPATION NOTEt ACCEPTING THE PURCHASE OFFER OF
SEAFIRST BANK~ ~AB97-009
Rich Hanna, Treasurer, introduced Jane Towery, representing
SEAFIRST Bank. He referred the Purchase Offer from SEAFIRST and
noted the bonds were priced by SEAFIRST this morning with a coupon
of 3.85%. SEAFIRST felt comfortable that even though the bonds did
not immediately sell out, indicating that coupon was to large, they
also were able to move enough product to sell the balance of the
bonds at that level. At this point in time, the bonds are
virtually all sold and approximately 1/3 were sold at the retail
level through local branches. The underwriting spread, as
indicated in the Purchase Offer, is $3.50 per bond, which is the
same price offered the two previous times this procedure was used.
Public comment - none.
M/S/C/U(McConnell/Montgomery) to pass Ordinance No. 4582 on second
reading, authorizing the issuance of tax anticipation notes for the
purpose of paying City expenses pending the receipt of general City
taxes; creating a note redemption fund; providing for the sale of
those notes to Bank of America NT&SA, doing business as SEAFIRST
Bank of Seattle, Washington.
President Fart thanked the TV camera crew for their services:
Rob Rupe, Mike Peebles and Jammie Campbell.
With no further business meeting adjourned at 7:23 P.M.
KATHLEEN L. McCluskey, City Clerk
DAVID D. FARR, Council President
City of BREMERTON
KLM/DDF/me
cc: Normal Distribution
File/Vault
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: MINUTES - 3ANUARY 29, 1'997
FOR AGEND~ OF: 2-5-97
ORIGINATING DEPT: City Council
ORIGINATOR: David Farr, President
DATE SUBMITTED: 1-30-97
2. C~: (comauent on back
if necessary)
3. EXHIBITS:
MAYOR COUNCIL PRESIDENT. ~_- ~ I_~ ,/xx~,
4. SUM~Y STATEMENT AND REQUIREMENT FOR'COUNCIL ACTION:
8. RECOM}4ENDATION:
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:'
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
:NDED
11. AGENDA BILL NO:
7-O 0
TAPE #1437
UNAPPROVED DRAFT
CITY COUNCIL MEETING MINUTES
JANUARY 29, 1997
#0024
#0044
The regular meeting of the City Council of the City of Bremerton
was called to order in the City Council Chambers, 239 4th Street,
Bremerton, Washington, Wednesday, January 29, 1997, at 5:30 P.M.,
with Council President David Farr presiding. Council members
present were Bob Winters, Carlos Montgomery, Sherril Huff-Menees,
Richard Neville, Lon Overson, John Law, Cecil McConnell, and A1
Colvin. Also present were City Attorney Ian Sievers and Acting
City Clerk Gil Johnson.
The meeting opened with the Pledge of Allegiance led by Council
President Farr and Invocation given by Reverend Roger Hennigan of
Apostolic Life Tabernacle Church.
CONSENT AGENDA
A. Minutes -- January 15, 1997
#AB97-016
M/S/C/U(Neville/Montgomery) to approve Consent Agenda as presented.
CLAIMS/CHECK REGISTERS
Vouchers audited and certified by the auditing officer as required
by RCW 42.24.080, and those expense reimbursement claims certified
as required by RCW 42.24.090, have been recorded on a listing that
had been made available to the Council.
M/S/C/U(Colvin/Montgomery) on January 29, 1997, the Council does
approve for payment those vouchers included and further described
as follows: EFT-405, 205283, 205315 through 205560 in the amount of
$753,333.73; and Retirees' Payroll for the period ending January
31, 1997, in the amount of $100,262.10.
President Fart announced the Council will hold an Executive Session
to discuss "Real Estate" immediately following the City Council
meeting.
COUNCIL MEMBER REPORTS
Mr. Winters referenced a recent newspaper article entitled "Wave Of
The future..Laying Fiber Optics For The Future", and emphasized the
need for the City to create a Telecommunications Utility. In his
view, the first step in that direction is to form a citizens
committee to help educate the pubic about forming such a Utility.
He thanked Bonnie Loop and Susan Strowsnyder for that newspaper
article. He also referenced a newspaper article in today's "Sun"
entitled "U S West to provide local wireless services", and pointed
out the issues of telecommunications being talked about in City
Hall, Congress and in the State Legislature is also relative to the
17
TAPE #1437
City Council Reg. Mtg. Minutes
January 29, 1997
Page 2 of 6
above noted article.
Mr. Overson reported he attended the National Guard Open House this
past weekend, which he found to be an excellent presentation.
Also, over the weekend he attended the American Planning
Associations's "Winter Planning Conference" where they addressed
Growth Management and other planning issues that revolve around
getting developments built. He noted the Chairman of the northwest
Chapter of the American Planning Association is City of Bremerton
Planner Ron Hough.
Mr. Law reported today he attended the Change Of Command aboard the
USS Carl Vinson where Captain Larry Baucom was relieved by Captain
David Crocker. He wished Captain Baucom much success in his next
tour and welcomed Captain and Mrs. Crocker.
Mr. Colvin reported he was compiling a list of names of people, who
have contracted him, indicating their interest in contributing to
the beautification of the north end of the Warren Avenue Bridge.
He will be gathering addresses of those individuals in order to
respond to them in writing.
Mr. Farr stated two of the Council's upcoming Study Session have
issues on the Agenda that are of interest to quite a few members of
the public: (1) the February 3 Study Session will include a
discussion on parking on planting strips; and (2) February 10 Study
Session will include a discussion on Kitsap Lake's weed problem.
MAYOR'S REPORT
Mayor Lynn Horton stated she received word from the Secretary to
the Mayor of the City of Kure that they are looking for someone to
fill a vacant position for an Assistant English Teacher, which is
for a two year term. The position is open to any resident in
Kitsap county under the age of 35 and holding a Bachelor's Degree
or intends to obtain one by June 30, 1997. Pertinent information
on this position will be available through her office.
Further applications are being sought for those interested in
serving on the Council Salary Committee and applications can be
obtained through her office.
Mayor Horton announced on February 3, 1997, 7:00 P.M., at Bremerton
High School, the Department of Navy will hold a Public Scoping
Meeting to discuss issues concerning potential future homeports for
Nimitz class aircraft carriers in Puget Sound. The scope of the
proposed action are to: (1) re-evaluate current location of the USS
Abraham Lincoln, which is currently homeported in Everett, in order
to increase efficiency of support infrastructure, maintenance and
repair capabilities, to reduce costs and to enhance crew quality of
life; (2) determine the appropriate homeport for two nuclear-
TAPE #1437
City Council Reg. Mtg. Minutes
January 29, 1997
Page 3 of 6
powered aircraft carriers that will replace carriers now homeported
at Naval Air Station North Island in San Diego, California. The
Navy complexes of San Diego, California, Peal Harbor, Hawaii and
the Puget Sound area of Washington will be considered for
homeporting actions.
PUBLIC RECOGNITION
Kal Leitchman, Bremerton resident, stated it was his understanding
that non-Bremerton residents were appointed to the Parking and
Traffic Safety Commission. He questioned if it is legal for non-
residents to be appointed to a City committee? He did not
understand why qualified residents, such as Tom Dorton, were not
appointed to City committees instead of being filled by non-
resident individuals.
John Thomas, Bremerton resident, expressed his frustration over the
programming schedule for TCI Channel 12, particularly for the
rebroadcast of City Council meetings. Usually he could tune in to
Channel 12 at noon on Thursdays and view the start of the Council
meeting; however, he was unaware that under the Westsound Community
Access Television management that program is being broadcast at
11:50 A.M., rather than 12:00 noon. Recently, his wife was
watching the "Inside Bremerton" on Channel 12, when all the colors
bled together distorting the picture. When a call was made to
Westsound Community Access Television they told her their monitor
showed a clear picture. He believes another quasi-judicial
government agency has been formed and is living on tax money, which
the City Council nor taxpayers have any say about how it is being
run.
Merilynn Erhart, representing Literacy Council of Kitsap, announced
Tara Holland, Miss America, 1997 will be on-stage at the Admiral
Theater on March 1, where she will tell her personal story about
how she has helped adults learn to read and about her platform
LITERACY IN AMERICAN: "THE POWER OF ONE". Tickets for this event
are available through the Literacy council Office at a cost of: $10
and $15.00 for mezzanine and balcony seating; $50.00 for Literacy
Patrons, which will include a reception featuring Miss America at
6:30 P.M., and front stage seating for the main program at 8:00
P.M..
7A - APPOINTMENT OF PHYLLIS MANN TO THE BOARD OF APPEALS,
HOUSING/BUILDING CODESt ~AB97-017
There is a vacancy on the Board of Appeals, Housing/Building Codes.
It is recommended the vacancy be filled by Phyllis Mann.
Mayor Horton pointed out Phyllis Mann is the Director of the Kitsap
County Emergency Management Program and has an indepthknowledge of
the community as well as an interest in the City's building codes
#0688
TAPE #1437
City Council Reg. Mtg. Minutes
January 29, 1997
Page 4 of 6
in light of some of the emergency situations that have occurred
over the past several years, and the housing standard that can
create problems in cases of emergencies. Mayor Horton believes
Mrs. Mann would be an excellent resource on this Committee and
urged Council's confirmation of her appointment.
Public comment - none.
Mrs. Huff-Menmes stated she has had the pleasure of serving on Mrs.
Mann's board for the past three years as a member of the Kitsap
Executive Council and this County is fortunate to have her services
as the head of the Emergency Management Program. Mrs. Mann has
been very busy addressing the circumstances that have taken place
with recent storms, bridge closure, mud slides and a variety of
unfortunate things that have befallen this area. She believes Mrs.
Mann will bring strengths to this committee because of the caliber
of her services and competency with which she runs her department,
which have been lauded by many.
President Fart stated he had the pleasure of serving on Mrs. Mann's
board for over a year and on more than one occasion awards were
bestowed upon her in recognition of services she provided. He was
impressed with her performance and believes she will be a welcome
addition to this committee.
M/S/C/U(Huff-Menees/Montgomery) To confirm the appointment of
Phyllis Mann to the Board of Appeals, Housing/Building Codes.
Phyllis Mann stated she was honored to be considered for this
position. As a new resident of Bremerton, she made a pledge to be
part of the solution and not part of the problems, so this is her
first opportunity of involvement in a City-wide project.
INTERLOCAL AGREEMENT WITH PUD#i PROFESSIONAL SERVICES AGREEMENT
WITH AGIt ~AB97-218
In 1995 the city, in cooperation with PUD#l, began the Gorst Creek
Basin Study. The purpose of the study was to describe the
hydrogeologic dynamics between surface and ground water in the
basin, the study was completed in 1996, and recommended that
monitoring wells be drilled to provide additional data. funding
for these wells will be provided by PUD#1. the consultant, AGI
Technologies, Inc., shall be paid for time and expense by not to
exceed $16,000.00, as outlined in Exhibit "B".
Kathleen Cabal1, Water Resources Manager, asked that Section B,
Interlocal Agreement with PUD#i be pulled due to some issues that
came up in the negotiation process, and will be addressed at a
later date. She urged Council to approve the professional services
agreement with AGI. She noted the project is in the Water
TAPE #1437
city Council Reg. Mtg. Minutes
January 29, 1997
Page 5 of 6
Resources Budget for Public Works and Utilities. The Gorst Creek
Basin Study identified the interactions of the groundwater and
surface water in the Gorst Creek area. Because there are some gaps
in information that the monitoring wells will provide that is not
currently available, this project is important to the water
resources for Bremerton.
Mr. Neville questioned if he understood correctly that Ms. Cahall
wanted wanting to pull the Interlocal Agreement, which is with HUD,
who is going to fund drilling the wells, but AGI will monitor the
water from those wells? Ms. Cahall stated no, AGI is the technical
firm that developed the Gorst Creek Basin Study, which was funded
by PUD#1. The City has been in negotiations with PUD#i on several
projects and that is their only involvement at this point. AGI
will conduct the hydrological work, develop the scope of work for
the well driller, monitor the well drilling and prepare the
geological report. A well driller will be obtained through a bid
process, which will come at a later date. Mr. Neville stated the
interlocal agreement and professional services agreement interacted
and he could not understand how the AGI contract could be approved
separately.
Presi4ent Fart asked the City Attorney if Council needed to
continue this item or are the two issues independent and can be
acted upon separately? Ian Sievers, City Attorney explained the
funding is in the Budget and the Interlocal Agreement was not
required unless the City was relying on a revenue item from PUD#1.
If the funding has been provided by the City and the work is
needed, he did not believe it relied on the reimbursement
agreement. Ms. Cahall stated Mr. Sievers was correct and the City
will continue negotiating with PUD#1 to fund this and several other
projects.
Public comment - none.
Mr. McConnell questioned if Council approved the professional
services agreement and delayed action on the interlocal agreement,
what kind of bargaining position would that put the city in
negotiating with PUD#i? Ms. Cahall stated it would not affect the
negotiations and if the interlocal agreement was approved the City
would get reimbursed for the cost.
Mr. Overson questioned if he understood correctly that funds were
included in the City's budget for this project based on the fact
the City would be reimbursed by PUD#I? If Council were to revisit
that budget item, understanding that it would not be reimbursed,
there might be a difference of opinion about it being in the
budget. Ms. Cahall explained when the project was funded in the
budget there was some thought that it would be eligible for funding
$1014
TAPE #1437
City Council Reg. Mtg. Minutes
January 29, 1997
Page 6 of 6
through the PUD's Water Resources and Conservation Fund. Mr.
Overson questioned if the City has to perform the work? Ms. Cahall
stated yes, the City identified it was important to obtain the
information resulting from monitoring the drilled wells.
M/S/C/(McConnell/Colvin) to approve the Professional Services
Agreement and authorize the Mayor to sign, subject to City
Administrative policies and procedures.
Vote on motion:
Motion carried.
In Favor: Huff-Menees, Fart, Overson, Law,
McConnell, Colvin, Montgomery
Opposed: Neville, Winters
President Fart thanked the TV camera crew for their services:
Rupe, James Noble Jr., and Jamie Campbell.
Rob
With no further business meeting adjourned at 6:05 P.M.
KATHLEEN L. McCLUSKEY, City Clerk
DAVID D. FARR, Council President
City of Bremerton
KLM/DDF/me
cc: Normal Distribution
File/Vault
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: Contract Extension
with M.E.Kalsen, Grants Writer
FOR AGENDA OF: 02/05/97
ORIGINATING DEPT: Admin Services
ORIGINATOR: Kathleen McCluskey
DATE SUBMITTED: 01/30/97
o
CLEARANCES: (comment on back
City Attorney'
Fiscal/Budget
Operations
3. EXHIBITS:
Addendum to Contract 3605
Exhibit 'A'-Contract 3605
Exhibit 'B'-Annual Report of
Activities
ENDORSEMENT ~ INFO TION
-
COUNCIL PRESIDENT
o
SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City has contracted with M E Kalsen for grant writing services since
January 1995. This one year extension provides for an annual cost of
living increase of 3% to total $15,897.84 paid for services provided
during 1997. Also, a conditional clause has been added whereby M E
Kalsen may earn an additional $5,000 during 1997 if the Mayor directs
her to apply for new grant opportunities involving the Sinclair Landing
Project.
o
RECOMMENDATION:
Motion to accept the Contract extension with M E Kalsen, City's Grant
Writer, and authorize the Mayor to extend Contract 3605 for one year.
o
RESPONSIBLE OFFICIAL: Admin Services
ENFORCEMENT OFFICIAL: Admin Services
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE:
11.
AGENDA BILL NO:
qY-oll
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
Grant writing would fall back to individual departments as an ancillary
task. Grant awards would decrease thereby creating revenue loss for
future city projects in Public works, Parks and other areas.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
Provided for in 1997 budget.
7. RESEARCH SOURCES:
ADDENDUM TO CONTRACT 3605
WHEREAS the City of Bremerton, a municipal corporation and M. E. KALSEN entered
into a contract dated January 1, 1995 (as amended 1/96), and
WHEREAS, the parties desire to extend the contract for an additional one (1) year,
NOW THEREFORE, in consideration of the mutual covenants set forth below, the
parties agree as follows:
Section 2. Term shall be amended to read as follows:
Contract shall commence on January 1, 1997 and will terminate December 31, 1997.
I1.
Section 3. Compensation shall be amended to read as follows:
City shall pay M. E. Kalsen the sum of $1,324.82 per month in payments of $662.41 twice each
month closest to the mid-month and month-end claims payments. The grant consultant shall
average twenty (20) hours per week over the term of the contract. Reports and hours to be
reviewed by the Administrative Services Director.
Upon authorization from the Mayor of Bremerton an additional $5000.00 will be paid to M.E.
Kalsen over the remaining months of 1997 to commence if and when the Mayor directs M.E.
Kalsen to work on new grant procurements for downtown redevelopment known as the Sinclair
Landing Project. If this authorization is obtained, M.E. Kalsen agrees to work an additional two
(2) hours per week during the life of the SLA grant tasks to mitigate potential loss of time and
focus on other ongoing or future grant projects.
II1.
The City of Bremerton and M. E. Kalsen agree that all provisions of the original agreement
which are not in conflict with this Addendum to Contract shall remain in full force and effect.
2.5'
CITY OF BREMERTON
M. E. KALSEN
By:
Lynn S. Horton, Mayor
By:
M. E. Kalsen
Date:
ATTEST:
By:
Date:
Kathleen McCluskey, City Clerk
PROFESSIONAL SERVICES AGREEMENT
Grants Writer
THIS AGREEMENT is between the City of Bremerton, a municipal
corporation, (hereinafter referred to as "City") and M. E. Kalsen,
(hereinafter referred to as "Grants Writer").
WI TNE S SETH:
1. SCOPE: Grants Writer, by this Agreement, agrees to write
grants for the City. The Grants Writer will maintain an office for
performance of this Agreement at the address listed under 7(d) and
supply equipment (computer, MS-DOS 5.0, Windows 3.1, Word Perfect
5.1, and Lotus 123 3.1+) as agreed, for completion of assigned
projects. City shall furnish copies or access to any additional
computer software or items needed for compatibility to existing
City system, city shall provide access to project applicable City
plans and data, prior grant data, grant forms, grant manuals and
funding publications.
2. TERM: Contract shall commence on January 1, 1995, and will
terminate on December 31, 1995.
3. COMPENSATION:
as follows:
City shall pay Grants Writer compensation
The City and Grants Writer agree that compensation for
services rendered under this Agreement shall be in the amount of
One Thousand Two Hundred Fifty Dollars ($1,250.00) per month, in
two payments of Six Hundred Twenty-five Dollars ($625.00) each on
the regular claims payment dates closest to mid-month and month
end. The contractor shall average twenty (20) hours per week over
the term of the contract. Reports and hours to be reviewed by the
Administrative Services Director.
Grants Writer shall submit a monthly report describing the services
rendered with a breakdown for work completed by grant and by
department, as authorized under this Agreement.
In addition to Grants Writer's fee, the City shall pay reasonable
expenses for mileage, incidental costs, subscriptions, computer
access, and parking.
4. RELATIONSHIP OF PA/~TIES: The parties understand and agree
that Grants Writer is an individual skilled in matters pertaining
to the writing of grants and will perform independent functions and
responsibilities in the area of its particular field of expertise.
Grants Writer shall act as an independent contractor and not as an
employee of the City. As such Grants Writer has no authority to
bind the City nor control employees of the City, contractors, or
other entities. Within the performance of these duties, Grants
Writer shall work under the direction of the Administrative
Services Director.
PROFESSIONAL SERVICES AGREEMENT --1--
KALSE~.PSA - D~sk 11 - 12/19/9~
$. LICENSE AND TAXES: Grants Writer shall possess a current
Bremerton Business License and any regulatory license required to
fulfill Grants Writer's obligations under this Agreement. B & O
taxes shall be paid when due and Grants Writer, by this Agreement,
assigns any payments due under this Agreement to the City Clerk for
payment of such taxes which have been declared delinquent.
6. HOLD HARMLESS: Grants Writer agrees to defend, indemnify
and save harmless the City, its appointed and elected officers and
employees, from and against any and all liability, loss, costs,
damage and expense,'including costs and attorney fees in defense
thereof because of actions, claims or lawsuits for damages
resulting from personal or bodily injury, including death at any
time resulting therefrom, sustained or alleged to have been
sustained by any person or persons and on account of damage to
property, arising or alleged to have arisen directly or indirectly
out of or in consequence of or the performance of this Agreement,
whether such injuries to persons or damage to property is due
the negligence of Grants Writer, his subcontractors$~ agentsw k~_
........... r ~ _= .... Thl provIsion shall be ~nappl~cable to
extent the City is judicially found solely negligent for such
damage or injury.
7. GENERAL CONDITIONS:
a. Reports and Information - Grants Writer, 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. Grants Writer will maintain accounting records in
accordance with generally accepted accounting principals 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.
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
Grants Writer or by Grants Writer to the City shall be in writing
and delivered to the parties at the following addresses:
Administrative Services Director
239 Fourth St.
Bremerton, WA. 98310
M. E. Kalsen
4016 Mountain View Drive
Bremerton, WA. 98310-4337
e. Waiver - Failure to insist upon strict compliance with any
terms, covenants or conditions of this Agreement shall not be
PROFESSIONAL SERVICES AGREEMENT -2-
I(ALSEN.PSA - Dfsk 11 - 1;)/19/94
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 -
Grants Writer 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. Attorney Fees - The substantially prevailing party in any
litigation arising hereunder shall be entitled to its reasonable
attorney's fees and court costs, including appeals, if any.
8. NONDISCRIMINATION: Grants Writer 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.
9. TERMINATION: This Agreement may be terminated by either
party for convenience upon thirty (30) days' written notice or a
shorter mutually agreed upon period dependant on project status,
number of active grant applications, and ability or timeliness of
transitioning to city staff or new contractor. Payments to be pro-
rated for any portion of a month worked.
10. RENEW;fL OPTION: Contractor shall have the option to renew
the contract for a further one (1) year period under the same terms
and conditions with the exception of compensation which shall be
renegotiated.
IN WITNESS WHEREOF the parties hereto have executed this
Agreement the date and year indicated.
M. E. KALS~N - -~ -
Date:
CITY OF BREMERTON
L~NN HORTON, Mayor
APPROVED AS TO FORM:
I~N R~'-§fE~R~S~ city Attorney
PROFESSIONAL SERVICES AGREEMENT -3-
I(ALSEN.PSA - Disk 11 - 12/19/94
GRANT CONSULTANT
1996 Activity Report to Council
For the 1996 year, I aided in providing the City of Bremerton project
funding opportunities of over $16 million dollars.
The $16,028,036 in opportunities is made up of $11,447,000 in external
funding and $4,581,000 of assorted City Match. This includes both Kitsap
Way Round 1 and 2 projects. So far, an estimated $10,532,000 (or 66%) has
been accepted for funding, with $7,888,000 external funding and $2,644,000
match. Reportedly, the award was more than our SR3/SR304 Section C Right-
of-Way project's application, but no documentation has been provided to the
Grants Office. Also, the Traffic Safety Van project status is unknown.
FUNDED PROJECTS:
OPPORTUNITY GRANT/LOAN
Community Development:
Smith Cove Neighborhood Investment
West Hills Commercial District
Human Resources:
Wellness Program
Police:
Local Law Enforcement Block Grant
Parks:
Evergreen Park Renovation
Public Works:
ADA Sidewalk Prioritization
Callow CSO Priority 2
Callow CSO Priority 2
Dyes Inlet (Kitsap County lead)
Kitsap Way Reconstruction-Round 2
SR3/SR304 Section C Right-of-Way
Traffic Calming
1996 FUNDED PROJECTS
24,000 24,000
2,405,000 1,000,000
6,000 1,000
57,810 52,029
596,286 298,143
12,000 10,000
828,000 828,000
1,077,000 828,000
55,500 41,625
965,000 385,000
4,450,000 4,370,000
30,000 25,000
$ 10,531,596 $ 7,887,797
Traffic Safety Van
TOTAL POSSIBLE FUNDED PROJECTS
64,540
$ 10,596,136
64,540
$ 7,952,337
NOT FUNDED Projects:
Callow Res Wastewater
CSO Preventative Education
Evergreen Seawall
Kitsap Way Sidewalks
Neighborhood Promotion Plan ~
Sinclair Inlet(Kitsap County lead)
Sylvan Way Sidewalk ~__
36" Water Main
Wellhead Prevention Education
Water Resource Poster
1996 NOT FUNDED PROJECTS
40,000 30,000
13,800 7,100
84,400 34,000
95,800 75,000
~18,500 18,500
40,000 30,000
~115,100 88,000
4,160,000 2,910,000
18,000 11,800
11,300 5,200
$ 4,596,900 $ 3,209,600
CUMULATIVE FUNDED & NOT FUNDED PROJECTS:
Kitsap Way Reconstruction Round 1
1996 EFFORTS' TOTAL PROJECTS
15,193,036
835,000
$16,028,036
11,161,937
285,000
$11,446,937
This does not reflect the work done on the city's portion of the
Sinclair Landing Association, the costs have not been estimated.
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Pendergast Park Entrance Road
Easement with the Washington State 1Vfilitary Department
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
February 5, 1997
Public Works & Utilities
Randy Win, City Engineer
January 27, 1997
2. CLEARANCES: (Conm~ent on bac~~ 3.
Director, Public Works/Utilities
Director Parks Department ~~
City Attorney
Council Budget & Finance Committee ~~
Operations Committee
EXHIBITS
A Location Map
B. Easements
ENDORSEMENT X' INFO~TION APPROVED BY COUNCIItTBRESIDEN~ SUBMITTAL:
MAYOR ~--~- ~ ' COUNCIL PRE SIDENT ~ t~,'3 -7¢~,,x,
/' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
As part of the Pendergast Park project, a roadway across Washington State Military Department land was
constructed, with its knowledge and consent. \
Easements for the roadway have been negotiated with the Military Department. The easements are for two
segments of the road, one that goes toward the Pope Resources land holdings and can be convened to public right-of-
way at the City's request and the other is the entrance to Pendergast Park which will remain an easement to the City. /
Consideration for the easement will be borne by the Parks Department (improvements to Armory entrance) and Pope/
Resources (fencing). Approval of the easements is recommended.
~8., RECOMMENDATION:
That the City Council authorize and direct the Mayor to execute the easements with the Washington State
Military Department for the access to Pendergast Park.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City Engineer
PULLED TABLED
COUNCIL DIRECTIVE
10. NOTICE OF ACTION
APPROVED DISAPPROVED
DATE
11. AGENDA BILL NO: q 7-
2!
2. CLEARANCE COMMENTS:
IMPACT ON NON-PASSAGE:
The City will not have a right to use the roadway entrance to Pendergast Park or be able to provide a planned
public access to Pope Resource's properties.
IMPACT ON STAFFING~ BUDGETS~ FACILIT1ES~ EQUIPMENT OR OTHER RESOURCES:
The Parks Department has $10,000 identified in the remaining Pendergast Park construction funds for rocking
and grading the entrance to the National Guard Armory.
Pope Resources has committed to constructing the fencing along the public right-of-way and provides an
access to their property.
7. RESEARCH SOURCES
97042~k
POPE
RESOURCES
LAND
EASEMENT
LOCATIONS
THIS AGREEMENT, made and entered in this day of ,
1996, by and between the Military Department, State of Washington
(hereinafter referred to as "Grantor"); and the City of Bremerton,
a first class municipal corporation, (hereinafter referred to as
"City").
FOR AND IN CONSIDERATION of the mutual promises and benefits
contained herein and for other valuable considerations, which is to
consist of grading, rocking (2 inch of 5/8 inch minus crushed rock
with binder) and rolling the entrance road to the Armory site off
Union Avenue, the receipt of which is hereby acknowledged, the
Grantor and the City do hereby covenant access from Union Avenue
across the Grantors property as follows:
1. GP~%NT OF EASEMENT:
Grantor does hereby convey and quitclaim to the city an
exclusive permanent street easement for city street purposes and an
easement for park use associated with the Pendergast Regional
Sports Complex the property described as follows:
City of Bremerton Permanent Street
A 60 foot corridor measured 30 feet on each side of the
centerline as described below and in Exhibit A(1) and as shown
in Exhibit B(1):
That portion of the west half of the southeast quarter of
Section 21, Township 24 north, range 1, East, W.M., in the
City of Bremerton, Kitsap County, Washington, described as
follows:
Commencing at the south quarter corner of said section bears
S 88°31'14'' E - 2658.98 feet; thence from said south quarter
corner and along the west line of the above said subdivision
N 01058'30'' E - 859.99 feet to the true point of beginning;
thence continuing N 01058'30'' E - 80.55 feet; thence N
62°19'17'' E - 261.24 feet; thence S 27040'43'' E - 10.00 feet;
thence N 62°19'17'' E - 623.69 feet to point of curvature of a
535.38 - radius curve to the right; thence easterly on said
curve, through a central angle of 29°37'42'' for an arc
distance of 276.85 feet; thence N 01056'59'' E - 35.00 feet;
thence S 88°03'01'' E - 65.00 feet to a point on the centerline
on Union Avenue; thence along said centerline S 01056'59'' W -
120.00 feet; thence N 88°03'01'' W - 65.00 feet; thence N
01056'59'' E - 25.00 feet; thence westerly on a 475.38 - foot
radius curve to the left, the center of which bears S
01056'59'' W, through a central angle of 29°37'42'', for an arc
distance of 245.82 feet to point of tangency; thence S
62°19'17'' W - 924.78 feet to the true point of beginning.
Except therefrom portion within right of way of Union Avenue.
3¢
Pen~ergast Park Easement
A 60 foot corridor measured 30 feet on each side of the
centerline as described below and in Exhibit A(2) and as shown in
Exhibit B(2):
That portion of the west half of the southeast quarter of
Section 21, Township 24 North, Range 1 East, W.M., in the City of
Bremerton, Kitsap County, Washington, Described as follows:
Commencing at the south quarter corner of said section bears
S 88°31'14'' E - 2658.98 feet; thence from said south quarter
corner and along the west line of the above said subdivision
N 01°58'30'' E - 859.99 feet to the true point of beginning;
thence continuing N 01°58'30'' E - 975.32 feet; thence
southerly on a 330 foot radius curve to the right, the center
of which bears S 56°55'52'' W, through a central angle of
35°01'07'', for an arc distance of 201.69 feet to a point of
tangency; thence S 01°56'59'' W - 565.53 feet; thence S
88°03'01'' E - 10.00 feet; thence southeasterly on a 105 foot
radius curve to the left the center of which bears S 88°03'01''
E, through a center angle of 119°37'42'', for an arc distance
of 219.23 feet; thence s 62°19'17'' W - 261.24 feet to the true
point of beginning.
These easements, as depicted in Exhibit A (1), A (2), B (1)
and B (2), are granted with the understanding that the Grantor and
the City, at its option, will dedicate the easement as a public
right-of-way upon approval and request of the City. Uses of the
Permanent Street Easement shall include all usual and customary
uses of city street right-of-way.
2. HOLD HARMLESS:
The Grantor hereto agrees to release, indemnify and hold
harmless the City, its employees, or agents from all claims for
property damage and personal injury arising in conjunction with the
activities covered by this agreement which are caused by the
negligent acts of the Grantor, its employees, or agents. The City
hereto agrees to release, indemnify, and hold harmless the Grantor,
it employees, or agents from claims for property damage and
personal injury arising in conjunction with the activities covered
by this agreement which are caused by the negligent acts of the
City, its employees, or agents.
5. EASEMENT TO RUN WITH THE LAND:
The Grantor and the City intend that this easement shall be a
covenant running with the land described above and shall be binding
upon the Grantor's and City's successors in interest.
4. GOVERNING LAW:
The place of making this Agreement shall be deemed to be the
State of Washington, and the legal rights and obligations of the
parties hereto shall be determined in accordance with the laws of
35
the State of Washington.
5. JURISDICTION AND VENUE:
In the event that any suit or action shall be brought in
connection with any of the terms and conditions of this Agreement,
the parties hereto agree that jurisdiction and venue of any such
suit or action shall properly lie in Kitsap County, State of
Washington.
6. SEVERABILITY:
In the event that any section, or any part of any section of
this Agreement shall be declared invalid by a court of competent
jurisdiction, said holding shall have no effect upon the remaining
sections of this Agreement, which shall remain in full force and
effect.
7. ENTIRETY:
This Agreement constitutes the entire agreement and
understanding between the parties hereto. There are no other
agreements or understandings, either written or oral, which modify
or have any effect upon this Agreement.
IN WITNESS WHEREOF, this Agreement has been duly executed by
the parties hereto, to be effective on the day and year first above
written.
CITY OF BREMERTON
By:
Lynn Horton
Mayor
Departmenta% A~pproval:
. g ~.ne' Sample, PE
Director, Public Works & Utilities
APPROVED AS TO FORM:
By:
Ian Stevens
City Attorney
Roselyn Marc~s
Assistant Attorney General
STATE OF WASHINGTON )
:
COUNTY OF PIERCE )
On this day personally before me, MG Gregory P. Barlow,
Adjutant General, Military Department of the State of Washington,
the state agency that executed the within and foregoing instrument.
He acknowledged said instrument to be the free and voluntary act
and deed of said agency, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute the
said instrument on behalf of the Military Department, State of
Washington.
GIVEN under my hand and official seal this
, 1996.
day of
Notary Public in and for the State of Washington
residing at Tacoma, Pierce County, Washington.
My appointment expires .
STATE OF WASHINGTON )
:
COUNTY OF KITSAP )
On this day personally before me, Ms. Lynn Horton, Mayor, city
of Bremerton, the city that executed the within and foregoing
instrument. She acknowledged said instrument to be the free and
voluntary act and deed of said agency, for the uses and purposes
therein mentioned, and on oath stated that she was authorized to
execute the said instrument on behalf of the City of Bremerton,
State of Washington.
GIVEN under my hand and official seal this
, 1996.
day of
Notary Public in and for the State of Washington
residing at Bremerton, Kitsap County,
Washington.
My appointment expires .
37
P.O. Box 720 · 9119 Ridgetop Boulevard N.W.
Silverdale. Washington 98383
Silverdate 69£-5525 · Seattle (2_06) 682-5574
Fax (206) 698-0546
Engineering · Surveying · Planning
,I ,- ~_ .~ ~ r ~ T ~ ,'~ '.1
'C".T~r ~]F BRE.r'IERTr3-'f',I PERMANENT STr. EE=',
TiiAT ~ORT[OIq OF THE WEC_T HALF 'DF THE ~,-jUTWE;,.~T OUp~,:r-r-
EECTiON ~l, TOWNSHIP ~ NORTH, ~ANGE i EA,3T, ~.;-'.,
CiTY OF DREMERTON, k:iTQAP COUNTY, W~QH!NGTOI,, E,E~C~iBE~
UOMMENCiNG ~T THE EOUT~ QUARTER CORNEP ,3F 5Ai[: ~E.ST]ON
=POM WH~ ' THE,~H SOUTHEAS~ CORNER OF SAID SESTiO~'4' 5E~E S :5?
~t'l~" E -.~E.58.98 ¢EET: T~ENCE =ROM ~A~C'. '20U~ .]UPkeEP .Z~P-
NEP~..,~.'"~'r ~LONG THE WEST _ .... :~.,i= ~r T.r_ ,;.- ............ .r~E~]- =;;~r,T:..,i=Z-,,, ,...
,I r,~" 58'.. SO" E - 859.99 .... .... ,u TRP TRUE =O[f'IT L,F _.c_n-'- :,,-.,.,
P.l~hlG: THENCE CONT~NU~I'4G N 0~58'30'' E~- 80.~5 =-E~:c
N ,S2°19'[7'' E -- E61.2q ~EET: THENCE E 27°~0'~3TM E -- 'O.C:,:,
=EET; THENCE N 62~!9'17" E- 683.69 ~EET ~0 ='OiNT ,DF ~UGV~-
rUSE OF ~ 5~5.38 - =OOT ~ADZUS CURVE TO THE q'I~HT ; T~Ef'~CE
=H~,=nLY 0N SAID CURVE, THROUGH ~ CEi,ITP~L ~!q~L~ OF 29"37 ~2':
cOR ~D,I ~RC D!~TA~ICE :IF ~76.85 ~=~;: ~HEPC~ N 01'56 59" E --
~5.00 =EET~ THENCE ~ 88~03'0t" E - 65.00 ~ET TO ~ POZh~T
THE CENTE~LINE OF UNION ~VENUE~THENCE ~LONG ~AiD
5 01~56'59'' ~ -- t30.O0 FEET; THENCE N 88'09'0~'' ~-- 65.u0
CEET~ THENCE N 0f56'59" E - 8~.00 ~EET~ THENCE ~ESTERL,
~ J75.38 - FOOT RADIUS CURVE TO THE LEFT, THE ,2ENTE~
~Ht~H,~ BE~RS S 0t~56"59" ~ , THROUGH ~ CENTRAL ~NGLE OF
~, '~8', FOR AN ~RE DISTANCE OF ~5.8~ FEET TO POINT OF
~ENCY.~ ;HENCE ~ 68 tg' t7 ~ - 98q.78 FEET TO THE T~UE
OF BEG INN I NG.
C/CEPT THErEFrOM PORTION ~iT~!N RIGHT OF ~AY OF UNION ~VEHUE.
CITY OF BREMERTON
PERMANENT STREET
$ (ALE ~"-- ?.
T24N,R 1E,W,J~I.
P.O. Box 720 · 9119 RidgeCop Boulevard N.W.
Silverdale, Washington 98383
Silverdale 692-5525 · Sear~tle (206) 682-5574
Fax (206) 698-0546
Engineering · Surveying · Planning
r, E S C R I R T I 0 R
(PENDERGAST PARK EASEMENT)
THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUA~TE~ OF
SECTION 81, TOWNSHIP. 24 NORTH, RANGE [ EAST, W.M., IN T~E
CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON, DESCRIBED
FOLLOWS:
COMMENCING AT THE SOUTH ,~UA~TE? CORNER OF SAID SECTION 2! ,
~ROM WHICH THE SOUTHEAST CORNER OF SAID SECTION BEARS E
Si"t~" E - E658.98 FEET; THENCE FROM SAID SOUTH ,]UA~TEP COP-
!,IEP AND ALONG THE WEST LINE OF THE ABOVE SAID SUBDIVISION
N Ol° 58' SO" E - 9m).5~ FEE~ ~0 THE TRUE ~OlNT OF BEGIN-
NING; THENCE CONTINUING N 01°58'20" E - 975.22 FEET; THENCE
SOUTHERLY ON A SSO-FOOT RADIUS CURVE TO THE mIGHT, THE CEN-
TER OF WHICH BEARS S 56° 55'52" W, THROUGH A CENTRAL ANGLE OF
S701'07", ~OR AN ARC DISTANCE OF 201.69 FEET TO A POINT OF
TANGENCY; THENCE S 01° 56'59" W - 565.5S ~EET; THENCE S
0~'01" E - 10.00 FEET; THENCE SOUTHEASTERLY ON A 105 - FOOT
RADIUS CURVE TO THE LEFT THE CENTER OF WHICH BEARS S ~8°
01" E, THROUGH A CENTRAL ANGLE OF 119° 37'~8" FOR AN ARC
DISTANCE OF 219.23 ~EET: THENCE S 68°!9'!?'' W - 261.2~ CEET
TO THE TRUE POINT OF BEGINNING.
PENDERGAST
PARK
EASEMENT
T2 4N,R 1E,Wo M.
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: WWTP Odor Control Project FOR AGENDA OF: February 5, 1997
Amendment No. 10 with R.W. Beck for ORIGINATING DEPT: Public Works & Utilities
professional services. ORIGINATOR: R. Witt, City Engineer
DATE SUBMITTED: January 27:1997
2. CLEARANCES: (con~ment on back 3. EXHIB1TS
Director, Public Works/Utilities ///' ~'),('y~W,~,- A. Amendment Number 10
City Attomey
City Treasurer ~------'-7~. f ~ ,
Council Budget & F~nance Comnuttee
Operations Committee
ENDO RS EMENT '/xc5 INFQRJglATI ON AP PROVED BY CO UN CIL PtKESIDENTF~R S UBM1TTAL:
MAYOR ~-77-¢5. ~ COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNC1L ACTION:
The City has negotiated Amendment number 10 to the Professional Services Agreement with R.W. Beck for
construction administration services on the Wastewater Treatment Plant Odor Control Project. The amendment is for
a not-to-exceed amount of $44,600 and provides services to the estimated date of project completion. The additional
construction management services are necessary because of the extended project close-out, punch list completion,
warrantee issue and operation assistance required. Funds for these extended services are anticipated to be available
through liquidated damages assessed against the contractor. The total amount of the agreement with R.W. Beck,
inclusive of Amendment No. 10, is $2,148,145.87. Sufficient funds exist in the project budget for this work.
8. RECOMMENDATION:
That the City Council authorize and direct the Mayor to execute Amendment No. 10 to the Professional
Services Agreement with R.W. Beck for the Wastewater Treatment Plant Odor Control Project.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
City Ensjneer
N/A
PULLED TABLED
COUNCIL DIRECTIVE
10. NOTICE OF ACTION
APPROVED DISAPPROVED
11. AGENDA BILL NO: qT- 0..~ B
2. CLEARANCE COMMENTS:
IMPACT ON NON-PASSAGE:
Services with R.W. Beck for construction management will be terminated and the project close-out will not be
completed in an orderly or timely fashion.
IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Sufficient funds exist in the budget for this work.
7. RESEARCH SOURCES
AMENDMENT NO. 10
AMENDED PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT amends the "PROFESSIONAL SERVICES AGREEMENT" for the
WWTP Odor Control Improvements between the City of Bremerton and R. W. BECK, Inc.
approved by the Bremerton City Council on May 18, 1994.
WITNESSETH:
Phase IV Construction Administration
The reference Agreement is amended to extend the duration of Phase IV Construction
Administration services from 17 to 21 months (June 1,1995 through March 1, 1997) due to
the construction contractor's delayed completion of the construction contract work and
resulting delayed closeout of the construction contract.
The current budget authorization for Phase IV services needs an increase of $44,600 in the
not-to-exceed amount for Phase IV services to be provided in the four months of November
and December 1996, and January and February 1997. This increase is made part of this
agreement as indicated below.
0101 Project Mgmt 70.89 120.88 33.23 25.00 250.00
0102 Contract Admin 179.58 306.23 84.19 50.00 620.00
0103 Clerical 151.23 257.88 70.90 50.00 530.00
0106 Construction Progress (976.69) (1,665.44) (457.87) (200.00) (3,300.00)
Meetings
0107 Submittal Review 1,260.24 2,148.96 590.80 200.00 4,200.00
0108 Routine Constr Mgmt 7,403.91 12,625.14 3,470.95 1,000.00 24,500.00
0109 Construction Record 2,047.89 3,492.06 960.05 500.00 7,000.00
Dwgs
0111 On-Site Observations 2,871.55 2,566.13 942.33 20.00 6,400.00
0112 Field Expenses - 100.00 100.00
0115 Electrical Submittal (122.87) (209.52) (57.60) (10.00) (400.00)
Review
0116 Electrical Routine 1,449.28 2,471.30 679.42 100.00 4,700.00
Construction Mgmt.
R. W. Beck shall not be required to provide services in excess of the budget estimate amount
unless additional funding is provided by the City.
The not-to-exceed amount for the Professional Services Agreement is increased to
$2,148,145.87 by this Amendment.
O:XHUFNAGELXKRH30~.DOC
1/23/97 I
~AMENDMENT NO. 10
The remaining terms of the Professional Services Agreement not inconsistent with this
Amendment shall remain in full force and effect.
Agreement Time Extension
The reference Agreement is amended to extend the
December 31,1997.
duration of the
Agreement to
IN WITNESS WHEREOF the parties hereto executed this Agreement the date and year
indicated.
R. W. BECK, INC.
APPROVED:
Virgil G. {Vleedel, Director of Operations
Date: ~ o~,~ /~)t7
d '
CITY OF BREMERTON
APPROVED:
ATTEST:
L)mn Horton, Mayor
Da te:
Kathleen McCluskey, Clerk
Date:
DEpARTi~/~L APPROVAL:
W. Eugene SamiYre~,
Director of Public Works and Utilities
Date: 'r/2'ci/q'l
APPROVED AS TO FORM:
Ian R. Sievers,
City Attorney
Date:
4,5
O:~d'UFNAGEL'~KRH304.D O C 1/2.3/97 2
AMENDMENT NO. 10
Bremerton Waste Water Treatment Plant
Budget Summary
Phase IV - Construction Administration
Task Current Proposed
No. Description Budget (~) Budget (2)
0101 Project Management $ 28,959.98 $ 29,209.98
0102 Contract (Financial) Administration 1,119.77 1,819.77
0103 Secretarial/Clerk 4,744.50 5,274.50
0105 Preparation of Contract Documents 11,052.57 11,052.57
0106 Construction Progress Meetings 76,092.80 72,792.80
0107 Submittal Review 113,132.00 117,332.00
0108 Routine Construction Management Services 155,042.48 179,542.48
0109 Construction Record Drawings 2,620.80 9,620.80
0111 On-Site Observations 161,669.81 168,069.81
0112 Field Expenses 3,550.33 3,650.33
0113 Construction Group Services 9,125.72 9,125.72
0114 Greeley and Hansen 62,326.53 62,326.53
0115 Electrical Submittal Review 17,034.69 16,634.69
0116 Electrical Routine Construction Management Services 28,526.02 33,226.02
Totals I $675,078.00 1,719,678.00
O) Current budget through Amendment #9
(2) Inclusive of Amendment #10
O:~HUFNAGEL~H~.DOC 1/23/97 3
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: SR3/SR304 Bremerton Ferry Terminal
to Gorst Transportation Improvement Project - Consultant
Services Agreement with Parametrix, Inc. for design
services on the SR304 Transportation Improvement Project
2. CLEARANCES: (co~nment o ' ' 3.
Director, Public Works/Utilities _
City Attomey
City Treasurer ~ ~z~
Council Budget & Finance Committee r--~ -~,/~c~"~'~..
Operations Committee %~~-~--~
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
February 5, 1997
Public Works & Utilities
Randy Witt, City Engineer
January 27, 1997
EXHIBITS
A. Consultant Services Agreement
ENDORSE~M,~r 5 .INACTION APPROVED BY COUNCIL PRESIDENT FOR SUBMITFAL:
m¥oR coUNcIL PP Sn E
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The Eng/neefing Division has negotiated a Consultant Services Agr~-nnent with Pammetrix Inc. to provide engincermg
design, fight-of-v~ay assistance and environmental services on the SR304 Transportation Improvement Project. The City is the
lead agency on the SR304 portion of the SR3/SR304 Brcmcrton Ferry Terminal to Gorst vicmi .ty Transportation Improvement
Project. The not-to-exceed amount of this agreement is $ 2,322,272. O0
Parametrix Inc. was selected as thc most qualified consultant based upon its xwitten proposal and oral inter~icw. Five
finns responded to the advertised request for proposals. Four were selected for interviews based upon their proposal. The
selection committee was comprised of representatives of the Executive Stcermg Committee; City. ofBremcrton, Kitsap Count3.',
Kitsap Transit and Washington State Department of Transportation.
The scope of work generally includes design services, right-of-svay establishment and acquisition support, public
involvement, landscape design, environmental remediation, and project management. It is anticipated that five contract packages
will be developed phasing consm~ction of improvements over the next several years.
Staff recommends City Council approval of the Consultant Services Agreement with Parametrkx Inc. for design semces
on the SR304 Transportation Improvement Project.
the SR304 Transportation Improvement Project.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
RECOMMENDATION:
That the Mayor be authorized and directed to execute the attached agreement with Parametrix Inc. for design services on
Director PW&U
City Engineer
10. NOTICE OF ACTION
PULLED TABLED
COUNCIL DIRECTIVE
APPROVED
DISAPPROVED
DATE
11. AGENDA BILL NO:
7- o.z.q
4t7
2. CLEARANCE COMMENTS:
IMPACT ON NON-PASSAGE:
Work will be delayed or canceled on the SR304 Transportation Improvement Project.
e
IMPACT ON STAFFING, BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES:
Sufficient funds are available to perform this work from the project funding partners as shown below and are
included in the 1997 adopted budget.
City of Bremerton 187,500
Kitsap Coumy 187,500
Kitsap Transit 112,500
WSDOT 37,500
WSTIB t, 122,272
Federal ISTEA(STP) 675,000
TOTAL 2,322,272
7. RESEARCH SOURCES
97043/BK
STANDARD CONSULTANT CONSULTANT/ADDRESS/TELEPHONE
AGREEMENT Parametri x, Inc.
5700 Kitsap Way, Suite 202
AGREEMENT NUMBER Bremerton, WA 98312-2234
FEDERALAID NO. (360) 377-0014
PROJECT TITLE AND WORK DESCRIPTION
A ~ LUMPSUM SR 304 Final Design
G~ ~ LUMP SUM AMOUNT $ PS&E for SR 304 from the SR 3
R Interchange to the Bremerton
E I-"---I COST PLUS FIXED FEE Ferry Terminal
E
I I
M OVERHEAD PROGRESS
E PAYMENT RATE %
N
T OVERHEAD COST METHOD DBE PARTICIPATION
r-~ YES ~ NO 8 %
~ ACTUAL COST NOT WBE PARTICIPATION
T
TO EXCEED _"/0 ~ YES ~ NO %
Y
P
I [ FIXED RATE % FEDERAL ID NO. Do you require a 1099 for IRS?
E OR S.S. NO.
FIXED FEE $
C 91-0914810 ~ YES ~ NO
E ~ SPECIFIC RATES OF PAY COMPLETION DATE MAXIMUM AMOUNT
c
i ^ i
PAYABLE
K ~-} NEGOTIATED HOURLY RATE 1 2/31/99
r-'] PROVISIONAL HOURLY RATE
O
N ~'} COST PERUNIT OFWORK
E $ 2,322,272.00
THIS AGREEMENT, made and entered into this day of ....
between the Local Agency of City of Brem. etlon , Washington, hereinafter called the
"AGENCY", and the above organization hereinafter called the "CONSULTANT'.
W1TNESSETH THAT:
WHEREAS, the AGENCY desires to accomplish the above referenced project, and
WHEREAS, the AGENCY does not have sufficient staff to meet the required commitment and therefore deems it
advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary services for the
PROJECT; and
WHEREAS, the CONSULTANT represents that he/she is in compliance with the Washington State Statutes
relating to professional registration, if applicable, and has signified a willingness to furnish Consulting services to
the AGENCY,
NOW THEREFORE, in consideration of the terms, conditions, covenants and performance contained herein, or
attached and incorporated and made a part hereof, the parties hereto agree as follows:
Local Agency Guidelines
September 1995
Page 1 of 34
I
GENERAL DESCRIPTION OF WORK
The work under this AGREEMENT shall consist of
the above described work and services as herein
defined and necessary to accomplish the completed
work for this PROJECT. The CONSULTANT shall
furnish all services, labor and related equipment
necessary to conduct and complete the work as
designated elsewhere in this AGREEMENT.
II
SCOPE OF WORK
The Scope of Work and project level of effort for this
project is detailed in Exhibit "B" attached hereto, and
by this reference made a part of this AGREEMENT.
Ill
GENERAL REQUIREMENTS
All aspects of coordination of the work of this
AGREEMENT, with outside agencies, groups or
individuals shall receive advance approval by the
AGENCY. Necessary contacts and meetings with
agencies, groups or individuals shall be coordinated
through the AGENCY.
The CONSULTANT shall attend coordination,
progress and presentation meetings with the
AGENCY or such Federal, Community, State, City
or County officials, groups or individuals as may be
requested by the AGENCY. The AGENCY will
provide the CONSULTANT sufficient notice prior
to meetings requiring CONSULTANT participation.
The minimum number of hours or days notice -
required shall be agreed to between the AGENCY
and the CONSULTANT and shown in Exhibit "B"
attached hereto and made pan of this AGREEMENT.
The CONSULTANT shall prepare a monthly
progress report, in a form approved by the AGENCY,
that will outline in written and graphical form the
various phases and the order of performance of the
work in sufficient detail so that the progress of the
work can easily be evaluated. Goals for Disadvan-
taged Business Enterprises (DBE) and Women
Owned Business Enterprises (ViBE) if required shall
be shown in the heading of this AGREEMENT.
Ail reports, PS&E materials, and other data, furnished
to the CONSULTANT by the AGENCY shall be
returned. All designs, drawings, specifications,
documents, and other work products prepared by the
CONSULTANT prior to completion or termination of
this AGREEMENT are instruments of service for this
PROJECT and are property of the AGENCY. Reuse
by the AGENCY or by others acting through or on
behalf of the AGENCY of any such instruments of
service, not occurring as a part of this PROJECT,
shall be without liability or legal exposure to the
CONSULTANT.
IV
TIME FOR BEGINNING AND
COMPLETION
The CONSULTANT shall not begin any work under
the terms of this AGREEMENT until authorized in
writing by the AGENCY. All work under this
AGREEMENT shall be completed by the date
shown in the heading of this AGREEMENT under
completion date.
The established completion time shall not be extended
because of any delays attributable to the CONSULT-
ANT, but may be extended by the AGENCY, in the
event of a delay attributable to the AGENCY, or
because of unavoidable delays caused by an act of
GOD or governmental actions or other conditions
beyond the control of the CONSULTANT. A prior
supplemental agreement issued by the AGENCY is
required to extend the established completion time.
V
PAYMENT
The CONSULTANT shall be paid by the AGENCY
for completed work and services rendered under this
AGREEMENT as provided in Exhibit "C" attached
hereto, and by this reference made part of this
AGREEMENT. Such payment shall be full compen-
sation for work performed or services rendered and
for all labor, materials, supplies, equipment, and
incidentals necessary to complete the work
specified in Section 11, "Scope of Work". The
CONSULTANT shall conform with all applicable
portions of 48 CFR 31.
Page 2 of 34
Local Agency Guldellnae
September 1995
VI
SUBCONTRACTING
The AGENCY permits subcontracts for those items
of work as shown in Exhibit G to this Agreement.
Compensation for this subconsultant work shall be
based on the cost factors shown on Exhibit G, at-
tached hereto and by this reference made a part of this
AGREEMENT.
The work of the subconsultant shall not exceed its
maximum amount payable unless a prior written
approval has been issued by the AGENCY.
All reimbursable direct labor, overhead, direct non-
salary costs and fixed fee costs for the subconsultant
shall be substantiated in the same manner as outlined
in Section V. All subcontracts exceeding $10,000 in
cost shall contain all applicable provisions of this
AGREEMENT.
The CONSULTANT shall not subcontract for the
performance of any work under this AGREEMENT
without prior written permission of the AGENCY. No
permission for subcontracting shall create, between
the AGENCY and subcontractor, any contract or any
other relationship.
VII
EMPLOYMENT
The CONSULTANT warrants that he/she has not
employed or retained any company or person, other
than a bona fide employee working solely for the
CONSULTANT, to solicit or secure this contract, and
that it has not paid or agreed to pay any company or
person, other than a bona fide employee working
solely for the CONSULTANT, any fee, commission,
percentage, brokerage fee, gift, or any other consider-
ation, contingent upon or resulting from the award or
making of this contract. For breach or violation of this
warrant, the AGENCY shall have the right to annul
this AGREEMENT without liability, or in its discre-
tion, to deduct from the AGREEMENT price or
consideration or otherwise recover the full amount of
such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
Any and all employees of the CONSULTANT or
other persons while engaged in the performance of
any work or services required of the CONSULTANT
under this AGREEMENT, shall be considered
employees of the CONSULTANT ohly and not of the
AGENCY, and any and all claims that may or might
arise under any Workmen's compensation Act on
behalf of said employees or other persons while so
engaged, and any and all claims made by a third party
as a consequence of any act or omission on the part of
the CONSULTANT's employees or other persons
while so engaged on any of the work or services
provided to be rendered herein, shall be the sole
obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full or
part time basis, or other basis, during the period of the
contract, any professional or technical personnel who
are, or have been, at any time during the period of the
contract, in the employ of the United States Depart-
ment of Transportation, the STATE, or the
AGENCY, except regularly retired employees,
without written consent of the public employer of
such person.
VIII
NONDISCRIMINATION
The CONSULTANT agrees not to discriminate
against any client, employee or applicant for employ-
ment or for services because of race, creed, color,
national origin, marital status, sex, age or handicap
except for a bona fide occupational qualification with
regard to, but not limited to the following: employ-
ment upgrading, demotion or transfer, recruitment or
any recruitment advertising,a layoff or terminations,
rates of pay or other forms of compensation, selection
for training, rendition of services. The CONSULT-
ANT understands and agrees that if it violates this
provision, this AGREEMENT may be terminated by
the AGENCY and further that the CONSULTANT
shall be barred from performing any services for the
AGENCY now or in the future unless a showing is
made satisfactory to the AGENCY that discrimina-
tory practices have terminated and that recurrence of
such action is unlikely.
During the performance of this AGREEMEN'T, the
CONSULTANT, for itself, its assignees and
successors in interest agrees as follows:
A. COMPLIANCE WITH REGULATIONS: The
CONSULTANT shall comply with the Regula-
tions relative to nondiscrimination in the same
manner as in Federal-assisted programs of the
Department of Transportation, Title 49, Code of
Local Agency Guidelines
September 1995
Page 3 of 34
Federal Regulations, Part 21, as they may be
amended from time to time, (hereinafter referred
to as the Regulations), which are herein incorpo-
rated by reference and made a part of this
AGREEMENT. The consultant shall comply
with the American Disabilities Act of 1992, as
amended.
B. NONDISCRIMINATION: The CONSULTANT,
with regard to the work performed by it during the
AGREEMENT, shall not discriminate on the
grounds of race, creed color, sex, age, marital
status, national origin or handicap except for a
bona fide occupational qualification in the selec-
tion and retention of subconsultants, including
procurements of materials and leases of equip-
ment. The CONSULTANT shall not participate
either directly or indirectly in the discrimination
prohibited by Section 21.5 of the Regulations,
including employment practices when the contract
covers a program set forth in Appendix ll of the
Regulations.
C. SOLICITATIONS FOR SUBCONSULTANTS,
INCLUDING PROCUREMENTS OF MATERI-
ALS AND EQUIPMENT: In all solicitations
either by competitive bidding or negotiation made
by the CONSULTANT for work to be performed
under a subcontract, including procurements of
materials or leases of equipment, each potential
subconsultant or supplier shall be notified by the
CONSULTANT of the CONSULTANT's
obligations under this AGREEMENT and the
Regulations relative to nondiscrimination on the
grounds of race, creed, color, sex, age, marital
status, national origin and handicap.
D. INFORMATION AND REPORTS: The
CONSULTANT shall provide all information
and reports required by the Regulations, or
directives issued pursuant thereto, and shall
permit access to its books, records, accounts,
other sources of information, and its facilities as
may be determined by the AGENCY to be
pertinent to ascertain compliance with such
Regulations or directives. Where any information
required of the CONSULTANT is in the exclu-
sive possession of another who fails or refuses to
furnish this information the CONSULTANT shall
so certify to the AGENCY, or the United States
Department of Transportation as appropriate, and
shall set forth what efforts it has made to obtain
the information.
E. SANCTIONS FOR NONCOMPLIANCE: In the
event of the CONSULTANT's noncompliance
with the nondiscrimination provisions of this
AGREEMENT, the AGENCY shall impose
such sanctions as it or the Federal Highway
Administration may determine to be appropriate,
including, but not limited to:
1. Withholding of payments to the CONSULT-
ANT under the AGREEMENT until the
CONSULTANT complies, and/or
2. Cancellation, termination or suspension of the
AGREEMENT, in whole or in part.
F. INCORPORATION OF PROVISIONS: The
CONSULTANT shall include the provisions of
paragraphs (A) through (G) in every subcontract,
including procurements of materials and leases of
equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The CON-
SULTANT shall take such action with respect to
any subconsultant or procurement as the
AGENCY or the Federal Highway Administra-
tion may direct as a means of enforcing such
provisions including sanctions for noncompli-
ance; provided, however, that, in the event a
CONSULTANT becomes involved in, or is
threatened with, litigation with a subconsultant or
supplier as a result of such direction, the CON-
SULTANT may request the AGENCY to enter
into such litigation to protect the interests of the
AGENCY, and in addition, the CONSULTANT
may request the United States to enter into such
litigation to protect the interests of the United
States.
G. UNFAIR EMPLOYMENT PRACTICES: The
CONSULTANT shall comply with RCW
49.60.180 and Executive Order number E.O.
77-13 of the Governor of the State of Washington
which prohibits unfair employment practices.
Page 4 of 34
Local Agency Guidelines
September 1995
IX
TERMINATION OF AGREEMENT
The right is reserved by the AGENCY to terminate
this AGREEMENT at any time upon ten days written
notice to the CONSULTANT.
In the event this AGREEMENT is terminated by the
AGENCY other than for default on the part of the
CONSULTANT, a final payment shall be made to the
CONSULTANT as shown in Exhibit F for the type of
AGRF~EMENT used.
No payment shall be made for any work completed
after ten days following receipt by the CONSULT-
ANT of the Notice to terminate. If the accumulated
payment made to the CONSULTANT prior to Notice
of Termination exceeds the total amount that would
be due computed as set forth herein above, then no
final payment shall be due and the CONSULTANT
shall immediately reimburse the AGENCY for any
excess paid.
If the services of the CONSULTANT are terminated
by the AGENCY for default on the pan of the CON-
SULTANT, the above formula for payment shall not
apply. In such an event, the amount to be paid shall be
determined by the AGENCY with consideration
given to the actual costs incurred by the CONSULT-
ANT in performing the work to the date of
termination, the amount of work originally required
which was satisfactorily completed to date of termina-
tion, whether that work is in a form or a type which is
usable to the AGENCY at the time of termination;
the cost to the AGENCY of employing another firm
to complete the work required and the time which
maybe required to do so, and other factors which
affect the value to the AGENCY of the work per-
formed at the time of termination. Under no
circumstances shall payment made under this subsec-
tion exceed the amount which would have been made
using the formula set forth in the previous paragraph.
If it is determined for any reason that the CONSULT-
ANT was not in default or that the CONSULTANT's
failure to perform is without it or it's employee's fault
or negligence, the termination shall be deemed to be a
termination for the convenience of the AGENCY in
accordance with the provision of this AGREEMENT.
In the event of the death of any member, partner or
officer of the CONSULTANT or any of its supervi-
sory personnel assigned to the project, or, dissolution
of the partnership, termination of the corporation, or
disaffiliation of the principally involved employee,
the surviving members of the CONSULTANT hereby
agree to complete the work under the terms of this
AGREEMENT, if requested to do so by the
AGENCY. The subsection shall not be a bar to
renegotiation of the AGREEMENT between the
surviving members of the CONSULTANT and the
AGENCY, if the AGENCY so chooses.
In the event of the death of any of the parties listed in
the previous paragraph, should the surviving members
of the CONSULTANT, with the AGENCY's concur-
rence, desire to terminate this AGREEMENT,
payment shall be made as set forth in the second
paragraph of this section.
Payment for any part of the work by the AGENCY
shall not constitute a waiver by the AGENCY of any
remedies of any type it may have against the CON-
SULTANT for any breach of this AGREEMENT by
the CONSULTANT, or for failure of the CONSULT-
ANT to perform work required of it by the
AGENCY. Forbearance of any fights under the
AGREEMENT will not constitute waiver of entitle-
ment to exercise those rights with respect to any
future act or omission by the CONSULTANT.
X
CHANGES OF WORK
The CONSULTANT shall make such changes and
revisions in the complete work of this AGREEMENT
as necessary to correct errors appearing therein, when
required to do so by the AGENCY, without additional
compensation thereof. Should the AGENCY find it
desirable for its own purposes to have previously
satisfactorily completed work or parts thereof
changed or revised, the CONSULTANT shall make
such revisions as directed by the AGENCY. This
work shall be considered as Extra Work and will be
paid for as herein provided under Section XIV.
Page 5 of 34
Local Agency Guidelines
September1995
Xl
DISPUTES
Any dispute concerning questions of fact in connec-
tion with the work not disposed of by AGREEMENT
between the CONSULTANT and the AGENCY shall
be referred for determination to the Director of Public
Works or AGENCY Engineer, whose decision in the
matter shall be final and binding on the parties of this
AGREEMENT, provided however, that if an action is
brought challenging the Director of Public Works or
AGENCY Engineer's decision, that decision shall be
subject to de novo judicial review.
Xli
VENUE, APPLICABLE LAW AND
PERSONAL JURISDICTION
In the event that either party deems it necessary to
institute legal action or proceedings to enforce any
right or obligation under this AGREEMENT, the
parties hereto agree that any such action shall be
initiated in the Superior court of the State of Washing-
ton, situated in the county the AGENCY is located in.
The parties hereto agree that all questions shall be
resolved by application of Washington law and that
the parties to such action shall have the right of appeal
from such decisions of the Superior court in accor-
dance with the laws of the State of Washington. The
CONSULTANT hereby consents to the personal
jurisdiction of the Superior court of the State of
Washington, situated in the county in which the
AGENCY is located in.
XlII
LEGAL RELATIONS AND INSURANCE
The CONSULTANT shall comply with all Federal,
State, and local laws and ordinances applicable to the
work to be done under this AGREEMENT. This
AGREEMENT shall be interpreted and construed in
accord with the laws of Washington.
The CONSULTANT shall indemnify and hold the
AGENCY and the STATE, and their officers and
employees harmless from and shall process and
defend at its own expense all claims, demands, or
suits at law or equity arising in whole or in part from
the CONSULTANT's negligence or breach of any of
its obligations under this AGREEMENT; provided
that nothing herein shall require a CONSULTANT to
indemnify the AGENCY and the STATE against and
hold harmless the AGENCY and the STATE from
claims, demands or suits based solely upon the
conduct of the AGENCY and the STATE, their
agents, officers and employees and provided further
that if the claims or suits are caused by or result from
the concurrent negligence of (a) the
CONSULTANT's agents or employees and (b) the
AGENCY and the STATE, their agents, officers and
employees, this indemnity provision with respect to
(1) claims or suits based upon such negligence, (2) the
costs to the AGENCY and the STATE of defending
such claims and suits, etc. shall be valid and enforce-
able only to the extent of the CONSULTANT's
negligence or the negligence of the CONSULTANT's
agents or employees.
The CONSULTANT's relation to the AGENCY shall
be at all times as an independent contractor.
The CONSULTANT specifically assumes potential
liability for actions brought by the CONSULTANT's
own employees against the AGENCY and, solely for
the purpose of this indemnification and defense, the
CONSULTANT specifically waives any immunity
under the state industrial insurance law, Title 51
RCW. The CONSULTANT recognizes that this
waiver was specifically entered into pursuant to the
provisions of RCW 4.24.115 and was the subject of
mutual negotiation.
Unless otherwise specified in the AGREEMENT, the
AGENCY shall be responsible for administration of
construction contracts, if any, on the project. Subject
to the processing of an acceptable, supplemental
agreement, the CONSULTANT shall provide on-call
assistance to the AGENCY during contract adminis-
tration. By providing such assistance, the
CONSULTANT shall assume no responsibility for:
proper construction techniques, job site safety, or any
construction contractor's failure to perform its work
in accordance with the contract documents.
The CONSULTANT shall obtain and keep in force
during the terms of the AGREEMENT, or as other-
wise required, the following insurance with
companies or through sources approved by the State
Insurance Commissioner pursuant to RCW 48.
Page 6 of 34
Local Agency Guidelines
Seotember 1995
Insurance Coverage
A. Worker's compensation and employer's liability
insurance as required by the STATE.
B. General commercial liability insurance in an
amount not less than a single limit of one million
and 00/I00 Dollars ($1,000,000.00) for bodily
injury, including death and property damage
per occurrence.
Excepting the Worker's Compensation insurance and
any professional liability insurance secured by the
CONSULTANT, the AGENCY will be named on all
certificates of insurance as an additional insured. The
CONSULTANT shall furnish the AGENCY with
verification of insurance and endorsements required
by this AGREEMENT. The AGENCY reserves the
right to require complete, certified copies of all
required insurance policies at any time.
All insurance shall be obtained from an insurance
company authorized to do business in the State of
Washington. The CONSULTANT shall submit a
verification of insurance as outlined above within
14 days of the execution of this AGREEMENT to
the AGENCY.
No cancellation of the foregoing policies shall be
effective without thirty (30) days prior notice to
the AGENCY.
The CONSULTANT's professional liability to the
AGENCY shall be limited to the amount payable
under this AGREEMENT or one million dollars,
whichever is the greater unless modified by
Exhibit H. In no case shall the CONSULTANT's
professional liability to third parties be limited in
any way.
The AGENCY will pay no progress payments
under Section V until the CONSULTANT has fully
complied with this section. This remedy is not exclu-
sive; and the AGENCY and the STATE may take
such other action as is available to them under other
provisions of this AGREEMENT, or otherwise
in law.
XlV
EXTRA WORK
A. The AGENCY may at any time, by written order,
make changes within the general scope of the
AGREEMENT in the services to be performed.
B. If any such change causes an increase or decrease
in the estimated cost of, or the time required for,
performance of any part of the work under this
AGREEMENT, whether or not changed by the
order, or otherwise affects any other terms and
conditions of the AGREEMENT, the AGENCY
shall make an equitable adjustment in the
(1) maximum amount payable; (2) delivery or
completion schedule, or both; and (3) other
affected terms and shall modify the AGREE-
MENT accordingly.
C. The CONSULTANT must submit its "request
for equitable adjustment" (hereafter referred to
as claim) under this clause within 30 days from
the date of receipt of the written order. However,
if the AGENCY decides that the facts justify it,
the AGENCY may receive and act upon a claim
submitted before final payment of the
AGREEMENT.
D. Failure to agree to any adjustment shall be a
dispute under the Disputes clause. However
nothing in this clause shall excuse the CON-
SULTANT from proceeding with the
AGREEMENT as changed.
E. Notwithstanding the terms and condition of
paragraphs (a) and (b) above, the maximum
amount payable for this AGREEMENT, shall
not be increased or considered to be increased
except by specific written supplement to this
AGREEMENT.
XV
ENDORSEMENT OF PLANS
The CONSULTANT shall place his endorsement on
all plans, estimates or any other engineering data
furnished by him.
Local Agency Guidelines
September 1995
Page 7 of 34
XVl
FEDERAL AND STATE REVIEW
The Federal Highway Administration and the
Washington State Department of Transportation
shall have the fight to participate in the review or
examination of the work in progress.
XVll
CERTIFICATION OF THE CONSULTANT
AND THE AGENCY
Attached hereto as Exhibit "A-1", are the
Certifications of the Consultant and the Agency,
Exhibit "A-2" Certification regarding debarment,
suspension and other responsibility matters - primary
covered transactions, Exhibit "A-3" Certification
regarding the restrictions of the use of Federal funds
for lobbying, and Exhibit "A4" Certificate of Current
Cost or Pricing Data. Exhibits "A-3" and "A4" are
only required in Agreements over $100,000.
XVlll
COMPLETE AGREEMENT
This document and referenced attachments contains
all covenants, stipulations and provisions agreed upon
by the parties. No agent, or representative of either
party has authority to make, and the parties shall not
be bound by or be liable for, any statement, represen-
tation, promise or agreement not set forth herein. No
changes, amendments, or modifications of the terms
hereof shall be valid unless reduced to writing and
signed by the parties as an amendment to this
AGREEMF. aNT.
XlX
EXECUTION AND ACCEPTANCE
This AGREEMENT may be simultaneously executed
in several counterparts, each of which shall be
deemed to be an original having identical legal effect.
The CONSULTANT does hereby ratify and adopt all
statements, representations, warranties, covenants,
and agreements contained in the proposal, and the
supporting materials submitted by the CONSULT-
ANT, and does hereby accept the AGREElVlENT and
agrees to all of the terms and conditions thereofi
In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year first above
By ~'~~ ~~ By
RICHARD DUNLAP I LYNN HORTON, MAYOR
Consultant PARAMETRIX, INC.
Approved as to Form
Agency CITY OF BREMERTON
Principal
Department Approved
1AN SIEVERS
CITY ATTORNEY
W. EUGENE SAMPLEY
DIRECTOR OF PUBLIC WORKS AND UTILITIES
Page 8 of 34
Local Agency Guldellnee
~otember
EXHIBIT A-1
CERTIFICATION OF CONSULTANT
I hereby certify that I am a pri nci pal
representative of the firm of Parametrix, Inc.
5700 Kitsap Way, Suite
represent has:
Project No.
Local Agency BREMERTON
and duly authorized
whose address is
202, Bremerton, WA 98312-2234 and that neither I nor the above firm I here
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any
firm or person (other than a bona fide employee working solely for me or the above CONSLrLTANT) to
solicit or secure this contract.
Co) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any
firm or person in connection with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely
for me or the above CONSULTANT) any fee, contribution, donation or consideration of any kind for, or in
connection with procuring or carrying out the contract; except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that
the firm is in full compliance with the requirements of the Board of Professional Registration.
I acknowledge that this certificate is to be available to the State Department of Transportation and the Federal
Highway Administration, U.S. Department ofTransportatio ~xt.q.~nnection with this c~volving
participatignl/"~-)/~°f Federal7aid funds and is subject~~ ,State_,~~_de .~~~Fede s, I and civil.
-I t l~ate Signature V
CERTIFICATION OF AGENCY OFFICIAL
I hereby certify that I am the AGENCY Official of the Local Agency of ~nl~ERTON Washington
and that the above consulting firm or his representative has not been required, directly or indirectly as an express
or implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of any
kind, except as here expressly stated (if any).
I acknowledged that this certificate is to be available to the Federal Highway Administration, U.S. Department of
Transportation, in connection with this contract involving participation of Federal aid highway funds and is
subject to applicable State and Federal laws, both criminal and civil.
Date Signature
Page 9 of 34
Local Agency Guidelines
September1995 57
EXHIBIT A-2
CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY
MATFERS-PRIMARY COVERED TRANSACTIONS
1. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any federal department or agency;
(b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment
rendered against them for commission or fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public
transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving stolen property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(federal, state, or local) with commission of any of the offenses enumerated in paragraph l.b. of this
certification; and
(d) Have not within a three-year period preceding this application/proposal had one or more public
transactions (federal, state, or local) terminated for cause or default.
2. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
Consultant (Firm): PARAHETRIX, INC.
(Date)
President or Authorized Official of Consultant
(Signature)
Page 10 of 34
Local Agency Guidelines
September1995
EXHIBIT A-3
CERTIFICATION REGARDING THE RESTRICTIONS
OF THE USE OF FEDERAL FUNDS FOR LOBBYING
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with
the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or
employee of Congress, or an employee of a member of Congress in connection with this federal contract,
grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be
subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts which exceed $100,000 and that all such
subrecipients shall certify and disclose accordingly.
Consultant (Firm):
PARAMETRIX, INC.
(Date)
President or Authorized Official of Const~tant
(Signature)
Local Agency Guidelines
~'* ~ Page 11 of 34
September
1995
/
EXHIBIT A-4
CERTIFICATE OF CURRENT COST OR PRICING DATA
This is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 15.801
of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.804-2) submitted, either
actually or by specific identification in writing, to the contracting officer or to the contracting officer's
representative in support of * are accurate, complete, and current as of
· *. This certification includes the cost or pricing data supporting any advance
agreements and forward pricing rate agreements between the offeror and the Government that are part of
the proposal.
Firm
Name
Title
Date of Execution***
* Identify the proposal, quotation, request for price adjustment, or other submission involved,
giving the appropriate identifying number (e.g., RFP No. ).
** Insert the day, month, and year when price negotiations were concluded and price agreement
was reached.
*** Insert the day, month, and year of signing, which should be as close as practicable to the date
when the price negotiations were concluded and the contract price was agreed to.
Page 12 of 34
Local Agency Guidelines
September 1995
EXHIBIT B-1
SCOPE OF WORK
Project No.
See Exhibit B.
DOCUMENTS TO BE FURNISHED BY THE CONSULTANT
See Exhibit
Local Agency Guidelines Page 13 of 34
September1995 ~[
EXHIBIT B-2
SCOPE OF WORK
(TASK ORDER AGREEMENT)
Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be
individually negotiated with the CONSULTANT. The amount established for each assignment will be the
maximum amount payable for that assignment unless modified in writing by the AGENCY. The AGENCY
is not obligated to assign any specific number of tasks to the CONSULTANT, and the AGENCY'S and
CONSULTANT'S obligations hereunder are limited to tasks assigned in writing. Task assignments may include,
but are not limited to, the following types of work:
Bo
Co
Task assignments made by the AGENCY shall be issued in writing by a Formal Task Assignment Document
similar in format to page 2 of this exhibit.
An assignment shall become effective when a formal Task Assignment Document is signed by the
CONSULTANT and the AGENCY, except that emergency actions requiting a 24-hour or less response can be
handled by an oral authorization. Such oral authorization shall be followed up with a Formal Task Assignment
Document within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or
organizations whose rates were not previously established in this AGREEMENT) shall be provisional and subject
to final negotiation and acceptance by the AGENCY.
Page 14 of 34
Local Agency Guidelines
September 1995
EXHIBIT B
SR 304 TRANSPORTATION IMPROVEMENT PROJECT
CITY OF BREMERTON
PLANS, SPECIFICATIONS AND ESTIMATES
SCOPE OF WORK
INTRODUCTION
SR 304 will be improved throughout its entire length, from the SR 3/SR 304 Interchange to the
Bremerton Ferry Terminal. This scope outlines the tasks necessary to prepare right-of-way plans,
access plans and construction documents into several PS&E packages through the advertizing and
award stage of the various contracts. All work will be performed in accordance with the project
Design Report unless otherwise indicated.
PLANS, SPECIFICATIONS & ESTIMATES
The following tasks include all of the elements necessary to prepare Plans, Specifications and
Estimates to bring this project to the construction phase.
TASK 1 - PROJECT ADMINISTRATION (Assume 30 months)
This task includes all functions required to manage and direct the project and includes the
following activities:
· Direction and In House Review
· Monthly Progress Meetings & Repons (Assume 30 required)
· Development and Maintenance of Work Plan/Schedules
· Interagency Meetings (Assume 30 required)
· Subconsultant Management
· Technical Reviews of Progress Submittals
(Four PS&E packages (~ 50% & 95%, R/W Plans and Access
Rept. ~ 90%)
· Preparation for and attendance of Executive Steering Committee Meetings (Assume 4
meetings)
· Each agency will consolidate their comments into one return submittal. Parametrix will
incorporate comments into final product.
TASK 2 - PARTNERING
This session will bring together the City of Bremerton, the other funding panners, utility company
representatives, and the consultant team to open lines of communication and develop
relationships to ensure a successful project. This session will be the basis for establishing a
project schedule with agreed to milestones. Parametrix will be involved in the following tasks:
· Hire a qualified facilitator
Facilitator will assist the City to determine the participants, identify the issues,
develop an agenda, facilitate two days of partnering sessions and prepare a written
report.
· Assist In preparation of sessions
Parametrix will schedule the time and date of the sessions, invite the participants
and arrange for the facilities to hold the sessions.
· Attend sessions
· Develop a project schedule and work plan for partnering agencies
· Follow-up as needed
Assumptions:
o The partnering session is expected to take up to two days to complete.
· Up to 30 follow-up meetings with agency and utility staffare included in this work effort.
(All meetings are assumed to be in Bremerton.)
Products:
· Project schedule and jurisdictional work plan defining agency responsibilities and
interdependencies.
· Summary notes from partnering session.
TASK 3 - COMMUNITY OUTREACH
Parametrix, Inc. and McClure Research will assist the City in educating and informing both the
public agencies involved in the project, property owners directly impacted by the project and
other interested parties. Following is an outline of Parametrix, Inc. and McClure Research
involvement in this task:
Public Open Houses
Assume 2 meetings
Property Owner Meetings (up to 25 personnel meetings)
Community Contacts (up to 50 phone inquiries)
Newsletters
Assume 6 newsletters (approximately 6 month intervals)
Telephone Hotline (Up to 24 months)
Council Briefings
Assume 6 briefings
In addition, this task includes any work related to High Occupancy Vehicle (HOV) development
and education. Because this project includes the design of the first (HOV) Lane in Kitsap
County, it is important that an education process continue until the lane is opened to traffic to
provide smooth operation and public acceptance. At present, this lane is intended to operate as
an HOV lane during the peak period only and probably will not be opened for HOV traffic until
the section of roadway between Gorst and the SR 3/SR 304 Interchange is improved.
As it is uncertain at this time what specific work may be associated with this effort, a budget
allowance has been established for this subtask.
Assumptions:
· Meeting participation as outlined above attended by up to 2 Parametrix staff' and
subconsultants as required.
Products:
· Public outreach and involvement plan.
· Meeting summary notes.
· Newsletters published approximately every six months.
· Record of hotline phone conversations.
TASK 4 - RIGHT OF WAY/ACCESS PLANS
This task will consist of development and production of the following documents:
· Title Repons (City of Bremerton)
The City will provide copies of all title repons in WSDOT format to Parametrix
and WSDOT.
· Right of Way/Access Plans (Assume 10 plan sheets)
Plans will be in WSDOT format showing both English and metric units.
· Access Report Plans (Assume 10 plan sheets)
Plans will be in WSDOT format showing both English and metric units.
· Access Heating Plans (Assume 10 plan sheets)
Plans will be in WSDOT format showing both English and metric units. For this
scope it is estimated that 300 copies will be required. Two for each property
owner (one to be mailed and one for the hearing) and additional copies for
agencies and interested parties.
· Findings and Order Plans (Final Right of Way/Access Plans)
These plans will incorporate any changes resulting from the hearing.
Copies shall be sent to anyone expressing interest. It is estimated that 150 copies
will be produced.
· Turnback Agreements
Prepare Turnback Agreements between the City/WSDOT and the
County/WSDOT. Agreements will outline improvements to local roads and streets
and which fight-of-way will become the responsibility of the local agency for
continuing maintenance.
Assumptions:
· The City of Bremerton will provide all title reports.
· Right-of-way plans will be developed only in areas where property and/or access rights are
being acquired.
· Right-of-way and access plans will be produced in draft and final form for approval.
Products:
· Right-of-way/Access Plans.
· Access Report Plans.
· Access Heating Plans.
· Tumback Agreements.
65'
TASK 5 - DESIGN/ACCESS HEARING
This task includes all the steps necessary to prepare for and conduct a combined Design/Access
Heating as follows:
· WSDOT/City/Consultant Coordination
Ensure that WSDOT procedures are followed and coordinate the process with the
City and County.
· Access Report
Prepare and submit an access report in WSDOT format to the City and County for
their approval.
· City/County Approvals of Access Control
Provide assistance needed to obtain City and County approval.
Attend meetings with staff, City Council and/or County Commissioners as
needed. (Assume up to 5 meetings)
· Heating Support
Assist in the preparation for the heating and attend and testify as needed.
· Findings and Order
Prepare the Findings and Order report for submittal to the WSDOT.
Assumptions:
· WSDOT procedures will be followed.
· The City of Bremerton/WSDOT will serve as the lead agency responsible for the Design
and Access Hearing.
· The City of Bremerton/WSDOT will provide arrangements for the hearing, including
location and court recorder.
Products:
· Access Report
· Findings and Order Report
TASK 6 - RIGHT OF WAY ACQUISITION SUPPORT
The Department of Transportation Real Estate staff will be retained to appraise, negotiate, and
purchase all needed property and provide relocation services for this project. The Parametrix
team will provide support to this effort as follows:
Negotiation Assistance/Engineering Support
Provide assistance as requested by WSDOT staff regarding the development of the
roadway plans and prepare exhibits for WSDOT staffto use in the negotiation
process.
Survey Support
Provide staking of right of way to assist property owners in understanding the
impacts of the project on their property.
On partial takes, any monumented property corner located on the existing right of
way line will be relocated to the new fight of way line.
4
Right of Entries (City to obtain)
Work with the City and WSDOT to obtain permission to enter private property to
take samples of potential asbestos and lead base paint and soil samples for
potential ground contamination.
Hazardous Material Identification and Abatement Approach
1) UST's, LUST's and Other Solid and Hazardous Waste
A phased approach will be used to assess and remediate hazardous
materials. Phase I will consist of assessing ail sites for potential
environmental contamination including soil, ground water and surface
water. Phase II will consist of sample collection and analysis at those sites
identified in Phase I as potentially contaminated. Phase III will consist of
actual remedial construction/clean-up in accordance with the clean-up
criteria identified in Phase II. It is anticipated the demolition contractor
will be responsible for Phase III construction/clean-up with the engineer's
oversight. Some sites, if heavily contaminated or possessing some unique
characteristic, may require remediation or management under a separate
contracting approach.
2) Asbestos Containing Material and Lead Based Paint
Asbestos containing material and lead based paint remediation will be done
in two phases: Phase I will consist of assessment characterization and
quantification, and Phase II will consist of removal and verification
reporting. It is anticipated the demolition contractor will be responsible for
all Phase II costs.
Note: Close cooperation will be required between the City of Bremerton,
WSDOT Real Estate staff.and the consultant team to ensure timely sampling and
testing for hazardous materials.
Asbestos/Lead Base Paint Identification and Abatement Report
Provide assessment services necessary to ensure Contractor is advised of materials
prior to removal and disposal during demolition or relocation of any asbestos/lead
based paint encountered in all structures purchased for right-of-way on the project.
39 commercial buildings, 69 residential buildings and 28 garages are included in
this subtask. Items to be addressed include:
· Bulk sampling and analysis of suspect asbestos-containing materials.
· Lead Check Swab sampling of suspect LBP's
· Written descriptions of bulk and paint samples and their' locations.
· Drawings/floor plans with sample locations.
· Comprehensive budget overview, based on sampling results, for asbestos
abatement and lead abatement costs, during demolition/construction.
· Statement of Compliance with WAC 296-62-07707 and PSAPCA
Regulation 3, Article 4 sign-off forms.
Note: This task does not include actual removal of asbestos and/or lead base paint
or demolition of or removal of the structures from the right-of-way. Separate
contracts will be required for these services.
Contaminated Soil Evaluation/Remediation
This work includes up to 91 residential property assessments for the presence of
67
Assumptions:
underground storage tanks, or other obvious sources of contamination which may
be observed during an on-site evaluation of the property.
This work also includes up to 35 commercial "level one site assessments" in
accordance with ASTM - "Designation: E 1527-94, Standard Practice for
Environmental Site Assessments: Phase 1 Environmental Site Assessment
Process".
At the completion of the residential property assessments and commercial site
assessments, a Phase II Recommendation report will be prepared outlining the
findings of earlier work, and recommendations for Phase II site assessments work,
including costs. The report will be provided to the City of Bremerton and
WSDOT for evaluation and coordination of the real estate acquisition process.
A hazardous waste risk assessment will be performed as authorized by the City on
the "Unocal" site on the comer of Farragut and Cambrian. (A budget allowance
has been provided for this effort.) This risk assessment will identify environmental
impact and potential risk to human health and the environment. Evaluate previous
work and identify any data gaps. Continue monitoring groundwater to evaluate
quality of groundwater down gradient of the property. One monitoring well may
need to be added between MW-5 and MW-6 to provide a more comprehensive
down gradient monitoring network.
One monitoring well will be added if necessary.
Results of risk assessment show there is no threat to human health or the environment.
No further action beyond continued groundwater monitoring is required.
Note: This task does not include actual removal of underground storage tanks
and/or contaminated soil.
Separate contracts will be required for these services.
· The City of Bremerton will contract with WSDOT to be the lead agency in the effort
associated with obtaining all appraisals, title reports and searches, property negotiations,
property purchases, and relocation services.
· WSDOT will attend monthly partnering meetings when appropriate.
· Parametrix will provide available roadway plans and fight-of-way staking.
· The City of Bremerton will provide all "right of entry" requirements for property access.
· No effort associated with condemnation preparation or testimony is included in this scope.
· Commercial properties identified in the EIS confirmed to include UST's or LUST's are:
Site adjacent to Templeton's Market
Former Unocal Station - 403 S. Cambrian Ave.
Gas Mart - 519 S. Cambrian Ave.
Bremerton Bottling Co. - 307 S. Wycoff
Lloyds Bucky's
· Survey information/coordination will be required intermittently to support the right-of-
way acquisition efforts (assume 2.5 weeks of field crew and office support)
· A budget allowance has been provided for additional or unforeseen hazardous materials
identification/remediation.
Products:
· Property acquisition exhibits
6
(:,8
Comprehensive asbestos abatement and lead abatement assessment and report.
Site assessment report with level 2 assessment recommendations.
TASK 7 - UTILITY COORDINATION
This task consists of obtaining location information regarding all public utilities and coordinating
any relocation and/or construction of new facilities. Plans of the project will be provided to all
affected utility companies/agencies. Base maps will be modified to incorporate utility information.
The following utility companies/agencies have been identified as having utilities within the
proposed right-of-way:
Puget Power
TCI Cable
US West
Cascade Natural Gas
City of Bremerton
Water
Sanitary Sewer
Storm Sewer
Electronics Division
Kitsap County
Sanitary Sewer
Storm Sewer
Assumptions:
· City of Bremerton will provide "pot holing" where necessary.
· Up to two meetings with each utility company are included in this effort.
· Underground locate services will mark all utilities within the corridor.
Products:
· Base maps showing all utilities (layered) for the SR 304 corridor.
TASK 8 - BUILDING DEMOLITION PS&E (SEGMENT C)
The purpose of this task is to develop plans, specifications and estimates for the removal of all
building structures within the planned roadway improvement area. For the purposes of task of
work, Section C includes all buildings within the city limits, and includes the buildings adjacent to
the roadway between the city limits and the existing Missouri Gate signalized intersection. The
PS&E will include the following:
Index/Vicinity Map
Plan Sheets Identi~,ing Structures for Removal (3, incl. UST Locations with Utility Maps)
Temporary Erosion Control Plan (1)
Temporary Traffic Control Plan (1)
Miscellaneous Details (1)
7
Contract provisions will be prepared with the following assumptions:
The bid package will include the property assessment and level one site assessment report
outlined in Task 6.
Bid Quantity information will be outlined in the provisions.
The entire demolition in Segment B will occur as a single contract.
Assistance with advertising and award
TASK 9 - PACKAGE #1 - BURWELL STREET FROM MONTGOMERY AVE. TO
PACn~IC AVE.
This segment consist of on overlay to improve the riding surface, structural integrity and
pavement service life. Traffic signals will be interconnected on Bur,veil and 6th St. as
appropriate to improve traffic flow. Illumination will be added or modified to meet
current City of Bremerton standards. An inventory of existing curb, gutter and sidewalk
needing repair will be conducted and repairs will be included in the PS&E package.
Wheelchair ramps will be included where needed in accordance with the latest ADA
requirements. Bulbouts at intersections, landscape improvements and drainage
modifications will also be included.
Up to three lots will be identified, and parking facilities will be designed in accordance
with City standards on each lot. Considerations for landscaping and lighting of the lots
will also be included.
The follow elements will be incorporated into the PS&E preparation for this segment of
the project:
Survey Support
Provide surveying needed to complete topographic details and utility locations
(assumes underground locate service).
Permits
This scope assumes that no permits will be required for this segment.
Contract Plans (Assume 30 plan sheets)
Index
Vicinity Map
Summary of Quantities
Roadway Sections
Site Preparation
Alignment & Right-of-Way
Profile Sheets
Quantity Tabulation Sheets
Drainage (Assume existing drainage system is adequate.
Considerations for new facilities at Montgomery and Warren Avenue only.)
Profiles
7o
Structure Notes
Details
Utilities
Paving Plans and Details
Miscellaneous Details
Channelization Plans and Details
Illumination Plan & Details
Electrical Details
Traffic Signal Interconnect Plans
Signing Plans
Permanent
Construction
Detour
Traffic Control Plans/Detours/Temporary Connections
Landscaping Plans
Neighborhood Parking Lot Plans (up to 3)
Contract Provisions
Amendments to the Standard Specifications
General Special Provisions
Special Provisions
Federal Aid Requirements
Proposal
Review of City Contract Requirements
Cost Estimate
WSDOT Review
Assistance with Advertizing and Award
Assumptions:
· Up to 30 plan sheets are included in this package.
· The most recent WSDOT standard plans will be utilized.
· All drainage facilities on Burwell Street are adequate. Additional drainage facilities will be
included where necessary at bulbouts and as required to facilitate surface flows associated
with new landscape and sidewalk features in the roadway prism.
· Landscaping in this segment does not include provisions for irrigation.
· Parametrix will provide review plans at the 50% and 95°/, completion for multi agency
review. Agency comments will be incorporated into the final plans. Each agency will
incorporate their comments into one plan set.
· The existing signal systems on Burwell Street have controllers which are capable of
handling signal interconnection.
· Up to two community meetings for each parking lot design (3) are included in this task.
· Any survey data needed for construction administration will be shown on the contract
plans or made available to the City prior to advertizing.
Products:
· 50%, 95%, and 100% Plans, Specifications, and Estimates for construction.
9
TASK 10 - PACKAGE #2 - MISSOURI GATE VICINITY TO MONTGOMERY
AVENUE VICINITY
For purposes of this scope, this segment begins east of the location of the new Missouri Gate
intersection and does not include the new intersection or signal. The exact westerly limit of this
PS&E will be determined based on available construction funding.
This segment will be designed in accordance with the design report and will include the following
improvements:
From the Missouri Gate Intersection to the new Farragut Gate Intersection, the roadway will be
widened to three lanes in each direction. The existing pavement will be overlayed to provide an
improved riding surface, structural integrity and pavement service life. The widened portion will
incorporate full depth surfacing, and will include sidewalks on the north side of the roadway.
Design and details of a 60 meter retaining wall is included in the segment.
From Farragut Street to First Street, the roadway will be reconstructed with two lanes in each
direction on new alignment and a new signalized intersection constructed. Portions of Farragut
Street, Cambrian Avenue, Rodgers Street Lafayette Avenue and Patton Street will be improved to
complement the new intersection.
From First Street to Montgomery Avenue, the existing roadway will be widened on the right to
allow for mediaMef~ turn channelization. Signals at Callow and Montgomery will be modified to
accommodate the revised lane configuration.
Landscaping plans for work within the right-of-way will be included in the Gateway Landscaping
contract (Package #3).
The scope and budget for this segment include the following:
Survey Support
Provide field surveying needed to complete existing utility information and
topographic details.
Geotechnical Support
Provide subsurface information and recommendations for traffic signal
foundations, overhead sign foundations and retaining wall foundation. For
purposes of this scope, assume 10 boring locations.
Permits
lIPA
NPDES
Tempory Modification to Water Quality Standards
Contract Plans (Assume 55 plan sheets)
Index
10
Vicinity Map
Summary of Quantities
Roadway Sections
Site Preparation
Alignment & Right-of-Way
Profile Sheets
Quantity Tabulation Sheets
Drainage
Profiles
Structure Notes
Stormwater Facilities
Details
Utilities
Water Services for Landscaping
Electrical Services for Landscaping
Intersection Details
Paving Plans and Details
Retaining Wall Details
Miscellaneous Details
Temporary Pollution Control
Channelization Plans and Details
Illumination Plan & Details
Electrical Details
Traffic Signals - Farragut, Callow, Montgomery Intersections
Permanent Plans
Temporary Plans
Wiring Diagrams
Signal Pole Schedule
Signal Pole Foundations
Interconnect Details
Special Details
Signing Plans
Permanent
Construction
Detour
Traffic Control Plans/Detours/Temporary Connections
Contract Provisions
Amendments to the Standard Specifications
General Special Provisions
Special Provisions
Federal Aid Requirements
Proposal
Review of City Contract Requirements
Cost Estimate
WSDOT Review
11
Assistance with Advertizing and Award
Assumptions:
· Up to 55 plans sheets are included in this package.
· The most recent WSDOT standard plans will be utilized.
· A hydraulic analysis of the drainage area feeding the project area is assumed to be
available from the City of Bremerton. This will be reviewed in terms of changes to the
area resulting from new construction of the roadway and greenway areas.
· Landscaping within the right of way will be included in the "Landscaping" contract.
('Package//3).
· Provisions for irrigation and electrical service for the landscaping contract are included in
this package.
· Parametrix will provide review plans at the 50% and 95% completion level for
multiagency review. Agency comments will be incorporated into the final plans. Each
agency will incorporate their comments into one plan set.
· Improvements to Cambrian Avenue, Rodgers Street. Lafayette Avenue and Patton Street
associated with the new intersection will be included in this package.
· Street closures at First, Wycoff, Coontz, Farragut, Porter and Preble are included in this
package.
· Any survey data needed for construction administration will be shown on the contract
plans or made available to the City prior to advertizing.
Products:
· 50%, 95%, and 100% Plans, Specifications and Estimates for construction.
TASK 11 - PACKAGE #3 - LANDSCAPING - MISSOURI GATE VICINITY TO FIRST
STREET
This task includes the development of a PS&E package to landscape the area from the
Missouri Gate Intersection to First Street and includes the following elements (within the
allocated landscape budget identified in the design report).
Advisory Committee coordination and meetings
Assume 2 team coordination meetings
Assume 5 Advisory Committee meetings
Public Meetings
Assume 1 public meeting
Conceptual Planning Development
Prepare three conceptual plan alternatives including a "sketch" plan and a section,
elevation or perspective sketch for each alternative. Each alternative will be
rendered in color suitable for presentations at public meetings and public display
(including Burwell St.).
Alternative Evaluation
Prepare an objective evaluation of the three conceptual alternatives including
preliminary (order-of-magnitude) cost estimates, pros and cons, and incorporation
of Advisory Committee and public comments. Prepare a brief written alternative
evaluation report.
12
Preferred Alternative
Following the second public meeting, review and incorporate public and Advisory
Committee comments producing a "refined" or preferred design alternative.
Modify, refine, revise and/or prepare new graphic displays for the preferred
alternative as input and comments warrant. Prepare a new or updated cost
estimate for the preferred alternative. Review the preferred alternative with the
Advisory Committee and present to the Bremerton City Council.
Preliminary Gateway Landscaping Design Report
Prepare a written report with graphic supplements that:
Describe the Advisory Committee's role and input.
Details public response and input.
Explains the three conceptual plan alternatives with written and graphic
illustrations.
Include alternative evaluation with "order of magnitude" costs.
Conclude with a preferred refined Gateway Design Alternative.
Survey Support
Obtain field information as needed to develop a topographic base map of
the site to be landscaped.
Contract Plans (Assume 17 plan sheets)
Index
Vicinity Map
Summary of Quantities
Grading Sections
Quantity Tabulation Sheets
Right of Way Plans
Planting Layout
Planting Details
Irrigation Layout
Irrigation Details
Sign lighting Plans and Details
Miscellaneous Details
Contract Provisions
Amendments to the Standard Specifications
General Special Provisions
Special Provisions
Federal Aid Requirements
Proposal
Review of City Contract Requirements
Cost Estimate
City/WSDOT Review
Attend one meeting in Olympia or Bremerton to lend assistance and technical
support during review.
Assistance with Advertizing and Award
Assumptions:
· Up to 17 plan sheets are included in this PS&E package.
13
· This package does not include design of any walls or noise mitigation requirements.
· No accent lighting or water features are included in this scope.
· Parametrix will provide review plans at the 50% and 95% completion level for
multiagency review. Agency comments will be incorporated into the final plans. Each
agency will incorporate their comments into one plan set.
· Any survey data needed for construction administration will be shown on the contract
plans or made available to the City prior to advertizing.
Products:
· 50%, 95%, and 100% Plans, Specifications and Estimates for construction.
TASK 12 - PACKAGE/t4 - SR 3 I.C. TO APPROX. MISSOURI GATE INCLUDING
CHARLESTON BEACH RD.
This segment includes improvements to SR 304 from the SR 3 Interchange to and including the
proposed new Missouri Gate signalized intersection. Also included is the widening and relocation
of Charleston Beach Road. The scope and budget include the following elements:
Survey Support
Provide field surveying needed to complete utility information and topographic
details.
Geotechnical Support
Provide subsurface information and recommendations for traffic signals, overhead
sign foundation and retaining wall foundation. For purposes of this scope, assame
6 boring locations.
Permits
Shoreline Substantial Development Permit (Could be obtained early in the process)
I-[PA
NPDES
Tempory Modification to Water Quality Standards
County Grading Permit, Road Approach Permits and RAV Permit
Contract Plans (Assume 50 plan sheets)
Index
Vicinity Map
Summary of Quantities
Roadway Sections
Site Preparation
Alignment & Right-of-Way
Profile Sheets
Quantity Tabulation Sheets
Drainage
Profiles
Structure Notes
Stormwater Facilities
Details
Utilities
14
Intersection Details
Paving Plans and Details
Retaining Wall Details
Miscellaneous Details
Temporary Pollution Control
Channelization Plans and Details
Illumination Plan & Details
Electrical Details
Traffic Signal - Missouri Gate Intersection
Permanent Plans
Temporary Plans
Wiring Diagrams
Signal Pole Schedule
Signal Pole Foundations
Interconnect Details
Special Details
Signing Plans
Permanent
Construction
Detour
Traffic Control Plans/Detours/Temporary Connections
Contract Provisions
Amendments to the Standard Specifications
General Special Provisions
Special Provisions
Federal Aid Requirements
Proposal
Review of City Contract Requirements
Cost Estimate
WSDOT Review
Assistance with Advertizing and Award
Assumptions:
· Up to 50 plan sheets are included in this PS&E package.
· The work on Charleston Beach Road is included in this package (no illumination).
· Conduit for future illumination will be included in the Charleston Beach Road portion of
the project.
· A stormwater analysis is not included in this effort, and it is assumed that Kitsap County
will provide the anticipated requirements for handling the sanitary and storm sewer
separations in the project limits.
· Parametrix will provide review plans at the 50% and 95°,5 completion level for
multiagency review. Agency comments will be incorporated into the final plans. Each
agency will incorporate their comments into one plan set.
· Any survey data needed for construction administration will be shown on the contract
plans or made available to the City prior to advertizing.
15
Products:
· 50%, 95%, and 100% Plans, Specifications and Estimates for construction.
TASK 13 - PACKAGE #5 - PACIFIC/FIRST/WASHINGTON ONE WAY COUPLET
Details of this segment may change depending on the Sinclair Landing Downtown Bremerton
Development Project. For purposes of this scope and budget, the project budget assumes
including resurfacing of the existing streets, design of a new entrance into the Ferry Terminal,
modifications to the illumination system and modifications to the traffic signals at Burwell/Pacific
and Burwell/Washington, as included in the design report.
Survey Support
Geotechnical Support
Provide subsurface information and recommendations for traffic signal foundations
and overhead sign foundations. For purposes of this scope, assume 5 boring
locations.
Permits
I-[PA
Contract Plans (Assume 16 plan sheets)
Index
Vicinity Map
Summary of Quantities
Roadway Sections
Site Preparation
Alignment & Right-of-Way
Profile Sheets
Quantity Tabulation Sheets
Drainage
Profiles
Structure Notes
Details
Utilities
Intersection Details
Paving Plans and Details
Miscellaneous Details
Channelization Plans and Details
Illumination Plan & Details
Electrical Details
Traffic Signals - Pacific, Washington Intersections
Permanent Plans
Temporary Plans
Wiring Diagrams
Signal Pole Schedule
Signal Pole Foundations
Interconnect Details
Special Details
I6
70°
Signing Plans
Permanent
Construction
Detour
Traffic Control Plans/Detours/Temporary Connections
Contract Provisions
Amendments to the Standard Specifications
General Special Provisions
Special Provisions
Federal Aid Requirements
Proposal
Review of City Contract Requirements
Cost Estimate
WSDOT Review
Assistance with Advertizing and Award
TASK 14 - GORST TO BREMERTON TRAIL
This task will be used to study and develop a conceptual design for a pedestrian/casual bicycle
trial from Gorst to approximately Farragut Street in Bremerton.
A lump sum amount is included in the budget sheet to cover the cost of public meetings, if
needed, additional field work, right-of-way discussions with the Navy, conceptual design
alternatives and cost estimates.
TASK 15 - BUILDING DEMOLITION PS&E (SEGMENT B)
The purpose of this task is to develop plans, specifications and estimates for the removal of all
building structures within the planned roadway improvement area. For the purposes of task of
work, Section C includes all buildings within the city limits, and includes the buildings adjacent to
the roadway between the city limits and the existing Missouri Gate signalized intersection. The
PS&E will include the following:
Index/Vicinity Map
Plan Sheets Identifying Structures for Removal (3, incl. UST Locations with Utility Maps)
Temporary Erosion Control Plan (1)
Temporary Traffic Control Plan (1)
Miscellaneous Details (1)
Contract provisions will be prepared with the following assumptions:
The bid package will include the property assessment and level one site assessment report
outlined in Task 6.
Bid Quantity information will be outlined in the provisions.
The entire demolition in Segment B will occur as a single contract.
Assistance with Advertising and Award.
17
77
MANAGEMENT RESERVE FUND
The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement
Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already
defined in this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the
Total Amount Authorized as shown in Exhibit I. The amount included for the Management
Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a
subsequent supplemental agreement. Any changes requiring additional costs in excess of the
"Management Reserve Fund" shall be made in accordance with Section XIV, "Extra Work."
SALARY INFLATION FACTOR
(~) A salary inflation factor has been included in the project budget based on an anticipated 4%
salary escalation per year. The salary escalation factor will be applied at the time of annual pay
adjustments for employees working on the project. The task "Total Cost Not to Exceed"
amounts listed in this exhibit are based on 1996 salary rates.
CONSTRUCTION SERVICES
The City of Bremerton, at its discretion, may elect to utilize Parametrix, Inc. to perform all or part
of the services necessary to administer the construction phases of the project packages. A scope
and budget will be prepared at the time a decision is made.
18
EXHIBIT C-4
PAYMENT
(PROVISIONAL HOURLY RATE)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT as provided hereinafter. Such payment shall be full com~nsation for work performed or services
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The
CONSULTANT shall conform with all applicable portions of 48 CFR 31.
1. Hourly Rates
The CONSULTANT shall be paid by the AGENCY for work done, based upon the provisional hourly rates
shown in Exhibits D and E attached hereto and by this reference made part of this AGREEMENT. The actual
hourly rates will be determined by an audit of 19XX and/or 19XX cost data. The provisional rates listed shall
be utilized until the results of the audit are known and will be retroactively adjusted to reflect actual costs. The
provisional and/or audited rates listed shall be applicable for the first 12-month period and shall be subject to
negotiation for the following ! 2-month period upon request of the CONSULTANT or the AGENCY. If
negotiations are not conducted for the second or subsequent 12-month periods within 90 days after comple-
tion of the previous period, the rates listed in this AGREEMENT or subsequent written authorization(s) from
the STATE shall be utilized for the life of the AGREEMENT. The rates are inclusive of direct salaries,
payroll additives, overhead, and fee.
In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any
change in the overhead rate currently in use by the CONSULTANT and modify the hourly rates to be paid to
the CONSULTANT subsequent to the renegotiation accordingly. Any changes in the CONSULTANT'S
fixed hourly rates may include salary or overhead adjustments.
2. Direct Nonsalary Costs
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may
include, but are not limited to the following items: travel, printing, long distance telephone, supplies, com-
puter charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels
unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed as the current
rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin
and designation of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for
AGENCY employees. The billing for nonsalary cost, directly identifiable with the PROJECT, shall be an
itemized listing of the charges supported by the original bills, invoices, expense accounts, and miscellaneous
supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided under
this AGREEMENT.
3. Management Reserve Fund
The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator
the flexibility of authorizirfg additional funds to the AGREEMENT for allowable unforeseen costs, or reim-
bursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such
authorization(s) shall be in writing and shall not exceed the lesser of $50,000 or 10% of the Total Mount
Authorized as shown in the heading of this AGREEMENT. The amount included for the Management
Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent
supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve
Fund" shall be made in accordance with Section XIV, "Extra Work."
Local Agency Guidelines
September 1995
Page 23 of 34
4. Maximum Amount Payable
The maximum amount payable for completion of work under this AGREEMENT shall not exceed the
amount shown in the heading of this AGREEMENT. The maximum amount payable includes the Manage-
ment Reserve Fund, but does not include payment for extra work as stipulated in Section XIV, "Extra Work."
No minimum amount payable is guaranteed under this AGREEMENT.
5. Monthly Progress Payments
Progress payments may be claimed on a monthly basis for all costs authorized in I and 2 above. The monthly
invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D
and E, including names and classifications of all employees, and invoices for all direct nonsalary expenses. To
provide a means of verifying the invoiced salary costs for the CONSULTANT's employees, the agency may
conduct employee interviews. These interviews may consist of recording the names, titles, salary rates, and
present duties of those employees performing work on the PROJECT at the time of the interview.
6. Inspection of Cost Records
The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the
AGENCY, STATE, and the United States, for a period of three years after final payment, the cost records and
accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the
following exception: if any litigation, claim, or audit is started before the three-year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved. The
three-year retention period begins when the CONSULTANT receives final payment.
7. Final Payment
Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly
upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent
upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be
famished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall consti-
tute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless
such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior
to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have
against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims.
The payment of any billing will constitute agreement as to the appropriateness of any items and at the time of
final audit, all required adjustments will be made and reflected in a final payment. In the event that such final
audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the agency within ninety (90) days of notice of the overpayment. Such refund shall not constitute a waiver by
the consultant or any claims relating to the validity of a finding by the state of overpayment.
Page 24 of 34
Local Agency Guidelines
September 1995
EXHIBIT C-5
PAYMENT
(COST PER UNIT OF WORK)
1. When the AGENCY requests that a project be undertaken, the CONSULTANT shall prepare a fee proposal
based upon a typical scope of work. Upon agreement by the AGENCY and the CONSULTANT upon a
scope of work and related fee, a maximum encumbrance, inclusive of expenses, will be established, to serve
as a maximum amount payable for the project. For accounting purposes, the CONSULTANT will be paid by
the AGENCY for work done, based upon mutually agreed unit rates for work defined in Exhibits D and E.
The listed rates shall be applicable throughout the life of this AGREEMENT. The rates are inclusive of actual
salaries, overhead, profit, tools, materials, and equipment necessary or incidental for the completion of the
AGREEMENT work.
Compensation for the following expenditures will be allowed when these costs are incurred directly in
fulfilling the terms of this AGREEMENT:
2. The maximum total amount payable by the AGENCY to the CONSULTANT under this AGREEMENT
shall not exceed the amount shown on page 1 of this AGREEMENT, unless a supplemental AGREEMENT
has been negotiated and executed by the AGENCY prior to incurring any costs in excess of the maximum
amount payable.
3. The CONSULTANT may submit invoices to the AGENCY not more often than once per month during the
progress of the work for partial payment of work completed to date. The invoices will indicate the units of
work completed each day during the invoice period in addition to the previous total. Direct nonsalary costs,
such as travel, reproduction, telephone, supplies, and computer costs, shall be supported by an original or a
copy of the invoice or billing instrument the CONSULTANT received for payment. For example, a copy of
the telephone company's itemized listing showing each call is necessary to verify the billing for long distance
telephone calls. Such invoices will be checked by the AGENCY and payment will be made in full for the
amount thereof as has been found to represent the value of the completed work, less the amounts
previously paid.
Page 25 of 34
Local Agency Guidelines
September1995
EXHIBIT D-1
CONSULTANT FEE DETERMINATION -- SUMMARY SHEET
(LUMP SUM, COST PLUS FIXED FEF~, COST PER UNIT OF WORK)
PROJECT:
DIRECT SALARY COST (DSC):
Classification Man Hours
X
X
X
X
X
X
X
X
X
X
Rate = COst
$
TOTALDSC = $
OVERHEAD (OH COST -- including Salary Additives):
OH Rate x DSC of % x $
FIXED FEE (FF):
FF Rate x DSC
or %x$
REIMBURSABLES:
Itemized
SUBCONSULTANT COSTS (See Exhibit G):
GRAND TOTAL
PREPARED BY:
DATE:
Page 26 of 34
Local Agency Guidelines
Seotember 1995
EXHIBIT D-2
CONSULTANT FEE DETERMINATION ~ SUMMARY SHEET
(SPECIFIC RATES OF PAY)
FEE SCI-[EDULE
Hourly Overhead Profit
DisciplineorJobTitle Ram @ 180% @ 0.30 X
Principal $45-$50 $81-$90
Project Manager $40-$42
PS&E Manager $32-$38
Project Engineer $29-$32
QA Manager $38-$40
QA Engineer $25-$29
Engineer $25-$30
CADD $17-$22
Signal Designer $36-$38
Structural Engineer $34-$38
PLS $28-$31 ~
Survey Support $24-$28
2 Man Crew $36-$40
Sr. Environmental Planner $34-$39
Environmental Planner $25-$30
Hazardous Waste Engineer
Hazardous Waste Support
Landscape Architect
Office Admin.
Admin. Support
$39-$42
$31-$35
$30-$40
$16-$20
$12-$16
$14-$15
Rate
( iq R )Per Hour
$140-$155
$124-$130
$99-$118
$90-$99
$118-$124
$78-$90
$78-$93
$53-$68
$112-$118
$105-$118
$87-$96
.$74-,$87
$112-$124
$105-$121
$78-$93
$121-$130
$96-$109
$93-$124
$50-$62
$37-$50
Page 27 of 34
Local Agency Guidelines
September,995
PARAMETRIX, INC. OVERHEAD RATE SCHEDULE
CALENDAR YEAR 1995
DIRECT LABOR
$5,541,485
OVERHEAD EXPENSES
Administrative Salaries
Vacation, Sick Leave, Holidays
Advertising Salaries
Marketing Salaries
Advertising Expenses
Marketing Expenses
ESOP Trust (Retirement Plan)
Payroll Taxes
Excise Taxes
Insurance
Medical Insurance
Office Rent
Office Expenses & Supplies
Printing, Copier/Printer Supplies
Billed In-House Printing
Telephone
Billed In-House Telephone
Depreciation
Business Meals
Auto Expense
Billed In-House Mileage
Office Travel
Subscriptions, Library Material
Dues
Donations
Professional Licenses
Postage, Couriers, Freight
Training/Education
Health & Safety Training
Field Equipment/Supplies
Lab Equipment/Supplies
Sampling Equipment/Supplies
Health & Safety Equip/Supplies
Survey Equipment/Supplies
Boat Equipment/Supplies
Billed In-House Equipment
Office Furniture
Office Equipment
Computer Supplies/Repair
Billed in-House Computer Charges
Recruiting Costs
Legal & Audit
Temporary Labor
Consulting Services
Employee Relocations Costs
Bad Debt Provision
Office Moving/Remodeling
Personal Property Taxes
Utilities/Building Maintenance
Benefit Plans Admin.
Totals
TOTAL
2,978,324
884,730
1,622
816,679
10,491
135,442
690,000
824,075
277,875
374,251
502,304
1,131,311
204,396
192,020
-65,079
264,651
-1,470
473,805
42,750
86,737
-42,488
54,345
26,234
19,346
4,348
9,200
59,023
129,120
10,430
17,647
71,568
3,580
3,437
9,840
14,043
-124,244
7,572
21,547
48,857
-51,841
50,918
75,033
57,891
184,955
8,019
148,556
1,990
16,592
27,998
910
$10,689,340
DISALLOWED
O
0
1,622
0
10.491
O
0
O
0
0
O
0
0
0
0
0
0
0
0
O
0
0
0
0
4,348
0
0
0
O
0
0
0
0
0
O
O
0
O
O
0
0
30.000
0
0
0
148,556
0
O
O
0
$195,O17
ALLOWABLE
2,978,324
884,730
0
816,679
0
135,442
690,000
824,075
277,875
374,251
502,304
1,131,311
204,396
192,020
-65,079
264,651
-1,470
473.805
42,750
86,737
-42,488
54,345
26,234
19,346
0
9,200
59,023
129,120
10,430
17,647
71,568
3,580
3,437
9,840
14,043
-124,244
7,572
21,547
48,857
-51,841
50,918
45,033
57,891
184,955
8,019
0
1,990
16,592
27,998
910
$10,494,323
CALCULATED OVERHEAD RATE FOR 1995
189.38%
*Estimate
EXHIBIT F
PAYMENT UPON TERMINATION OF AGREEMENT
BY TI,-IE AGENCY OTHER THAN FOR FAULT OF THE CONSULTANT
(Refer to Agreement, Section IX)
Lump Sum Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made shall
total the same percentage of the Lump Sum Amount as the work completed at the time of termination is to the
total work required for the PROJECT. In addition, the CONSULTANT shall bc paid for any authorized extra
work completed.
Cost Plus Fixed Fee Contracts
A final payment shall be made to the CONSULTANT which when added to any payments previously made, shall
total the actual costs plus the same percentage of the fixed fee as the work completed at the time of termination is
to the total work required for the Project. In addition, the CONSULTANT shall be paid for any authorized extra
work completed.
Specific Rates of Pay Contracts
A final payment shall be made to thc CONSULTANT for actual hours charged at the time of termination of this
AGREEMENT plus any direct nonsalary costs incurred at the time of termination of this AGREEMENT.
Cost Per Unit of Work Contracts
A final payment shall be made to the CONSULTANT for actual units of work completed at the time of
termination of this AGREEMENT. ~
Local Agency Guidelines Page 29 of 34
September 1995
EXHIBIT G
SUBCONTRACTED WORK
The AGENCY permits subcontracts for the following portions of the work of this AGREEMENT:
Public Involvement
Landscape Architecture
Asbestos Abatement and Lead Paint Abatement
Drilling Services
Partnerin~ Facilitation
CADD Work / Misc. Civil Engineering
Page 30 of 34 Local Agency Guidelines
September 1995
EXHIBIT G-1
SUBCONSULTANT FEE DETERMINATION -- SUMMARY SHEET
PROJECT:
DIRECT SALARY COST (DSC):
Classification Man Hours
X
X
X
X
X
X
X
X
X
X
TOTALDSC
OVERHEAD (OH COST -- including Salary Additives):
OH Rate x DSC of % x $
FIXED FEE (FF):
FF Rate x DSC or % x $.
REIMBURSABLES:
Itemized
Rate =
GRAND TOTAL
,Cost
$
PREPARED BY:
DATE:
Local Agency Guidelines
September1995
Page 31 of 34
EXHIBIT G-2
BREAKDOWN OF SUBCONSULTANT'S OVERHEAD COST
(Sample Only -- Actual line item and cost categories and percentages for your firm should be submitted.)
Fringe Benefits
FICA .............................................................................................................................
Unemployment ..............................................................................................................
Medical Aid and Industrial Insurance .............................................................................
Company Insurance and Medical ...................................................................................
Vacation, Holiday, and Sick Leave .................................................................................
Commission, Bonuses/Pension Plan ...............................................................................
Total Fringe Benefits ...............................................................
General Overhead
State B&O Taxes ...........................................................................................................
Insurance .......................................................................................................................
Administration and Time Not Assignable .......................................................................
Printing, Stationary, and Supplies ...................................................................................
Professional Services .....................................................................................................
Travel Not Assignable ....................................................................................................
Telephone and Telegraph Not Assignable ......................................................................
Fees, Dues, Professional Meetings ..................................................................................
Utilities and Maintenance ...............................................................................................
Professional Development ..............................................................................................
Rent ...............................................................................................................................
Equipment Support ........................................................................................................
Office Miscellaneous, Postage ........................................................................................
Total Generated Overhead .....................................................
Page 32 of 34 ~ C~ ~ Local Agency Guidelines
/~'
September 1995
EXHIBIT H
(To Be Used Only if Insurance Requirements are Increased)
The professional liability limit of the CONSULTANT to the AGENCY identified in Section XIII, Legal
Relations and Insurance of this Agreement is amended to $. ~
The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the
amount of $
· Such insurance coverage shall be evidenced by one of the following methods:
· Certificate of Insurance.
· Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.
Self-insurance through documentation of a separate fund established exclusively for the payment of professional
liability claims, including claim amounts already reserved against the fund, safeguards established for payment
from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those
funds.
Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed
$1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to
the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.
If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the
additional professional liability insurance required.
Notes: Cost of added insurance requirements: $.
· Include all costs, fee increase, premiums.
· This cost shall not be billed against an Fh'WA funded project.
· For final contracts, include this exhibit.
Local Agency Guidelines
September 1995
Page 33 of 34
Page 34 of 34
Local Agency Guidelines
September1995
EXHIBIT "I"
PARAMETRIX, ]~C.- ]N-IIOUSE EQ[J]PMENT USE RATES
(Effective January 1996)
Unit Equipment Item Rate Category
Telecommunications Cellular Phone $15 full day Field Inspection
$7.50 half day
Long Distance Actual Cost Telecommunications
Printers and Plotters Tektronix 8~A x 11 - color $1.25/sheet Computers
Tektronix 11 x 17- color $2.00/sheet Computers
GIS Plots $2.00/sq. fi. Computers
CADD Full Size Plots - Paper/Vellum $5.00 Computers
CADD Full Size Plots - Mylar $12.50 Computers
CADD and Graphics Full Size Color $15.00 Computers
Plots
Copying Photocopies $.05/each
Blue Prints $1.00/print
Faxes $1.00/page
Mileage Employee Mileage $.31/mile Mileage
Company Field Truck/Survey Vans $.40/mile Field Inspection
Company Sedan Automobiles $.31/mile Mileage
Video Camcorder - 8mm $50/day
Survey Equipment GPS Equipment $820/day Survey
PARAMETRIX, INC.
City of Bremerton BUDGET WORKSHEET
SR 304
NAME/CATEGORY Subtotal' Muitiplier Budget AIL Dir. Exp. Sub~onslt HOURS TOTALS
D.S.C. ~ 3.10
TASK
I PROJECTADMINIST/L4 ~:ION
IA Direction/Review
lB Mo, Progress Mtgs/Rcports (30)
1 ~ Work Plan/Schedule
lID lnteragency Mtgs (30) ....
IE Subconsultant Management 4/5 subs
IF QA Review (9)
IG Steering Committee Coord. {4 mtgs)
IX Ex~ases
SUBTOTAL $76,690 $237,739 $0 $700 $0 2649] $238,439
2 PARTNERING
2A Preparation
28 Session i'2 day)
2~ Follow-Up Meetings (30}
2S Subconsultants (N. Anderson)
ZX Expenses
SUBTOTAL $10,892 $33,765 $0 $1,700 $3,800 346 $39,265
$ co/~t~wrY OUT~4CH
3A Open Houses (2)
3B Community Cont. (up to 50}/Prop. Owner Mtgs (2
3C Newsletter (6)
3D Council Briefings (6)
3E Photo Imaging
3F HO~ Development/Ed.
!3.~ Subconsultan'ts (Mary McClure)
IExpenses
S'i~BTOTAL $6,344 $19,666 $a9,122 $1,$00 S0 192 $11'0,288
4 R/WACCESS PLANS
4A Tide Report Coord. R/W Plans (10 sheets)
4B Access Report Piths
4C Access Hearing Plans
4D Findings and Order Plans
4E Tumback Agreements
4X Expenses
SUBTOTAL $17,460 $54,126 $0 $6,750 $0 730 $60,876
1/28/97
Page 1
PARAMETRIX, INC.
City of Bremerton BUDGET WORKSHEET
SR 304
NAME/CATEGORY Subtotal :Multiplier Budget Ail. Dir. Exp. SubConslt HOURS TOTALS
D.S.C. Ix 3.10
TASK
$ DESIGN/ACCESS HEARING
SA Coordination
5B Access Report
$C Approval Coordination
SD Hearing Support
5E Findings and Order Report
5S Subconsultants {Mary McClur¢)
5X Expenses
SUBTOTAL $4,824 $14,954 $0 $$00 $0 152 $15,$54
6 R/WA CQUISlTION SLrpPOR T
6A RealEstate Services Support
6B Survey Support
6C Hazardous Waste Assessments (91 res.)
6D Hazardous Waste Assessments (35 comm.)
6E Develop Phase II Recomm.
6F Phase II Contingency
6G Risk Assessment
6S Subconsultants (Pacific Rim Env.)
6X Expenses
SUBTOTAL $55,429 $171,830 $328,000 $3,500 $161,938 1738 $665,268
7 UTILITY COORDINATION
7A Puget Power
7B TCI Cable
7C US West
7D Cascade Nat. Gas
7E City of Bremerton
7F Kltsap County
7X ~,peuses
SUBTOTAL $3,744 $11,606 $0 $2,500 $0 168 $14,106
8 Btm. DING DEMOLITIONPS~E ($EG. C)
8A ?lan Sheets (6)
8B Provisions
8C Quantity & Cost Estimates
8D Bid Assistance
8S iubcousultants
8X Expenses
SUBTOTAL $5,898 $18,284 $0 $5,000 $0 210 $23,284
I/28/97
Page 2
PARAMETRIX, INC.
City of Bremerton BUDGET WORKSHEET
SR 304
NAME/CATEGORY Subtotal' Multiplier Budg, et Ali. Dir. Exp. SubConsi~,,. HOURS TOTALS
D.S.C. x 3,10
TASK
P,~:E BUR }VELL-MONTOOMER Y TO PACIFIC .....
9A air Survey Re~ort/Supplemental Mapping
9B Warren Avenue Dcsign
9C Pavement Condition Access/Report
~b man Shccts
~E Provisions
~F Landscape Plans (3)
9~ Quandty and Cost Est/mates
~H Agent. Review/Revisions ,.. I
91 Bid Assistance
9J Parkin,g C.o, ordination~ Design ....
9S Subconsultants
~X Expenses
SUBTOTAL' $35,435 $~2,949 $0 $2,425 $0 ~474 $~$,374
1~ PS&~ MISSOURI
IIOA Survey Support/ Supplemental Mapping
10B Pavement Condition/Assess/Report
i6c Iside s~et Improvement,
10D Hydraulic Analysi?/Stormwater Design
10E Plan Sheets (u~ to 57)
10F Quality and Cost Estimates
10G Ageflcy'Rcv, i¢~s/R, evisions
10H Permitting
10I Bid Assistance
10J Provisions
10S Sub¢onsultanta (My .c~, Biodynamics)
10X [ ExPenses
SUBTOTAL $95.935 $297,408 $0 $3,900 $26,036 36?2 $327,346
11 GA TE WA ¥ LANDSCAPE P$,~ E
! I), Advisory Committee Mtgs Coord~ (5 mtg.s)
11B Conccptual~Plan Development
iiC ~ltemativcs Development
lid Landscape Design Report
11E Survey Support/SU.Pplemcntal Mapping
II F Plan Sheets (17)
11G ~Quantity & Cost Estimates
1/28/97
Page 3
PARAMETRIX, INC.
City of Bremerton BUDGET WORKSHEET
SR 304
NAME/~'ATEGORY Subtotal Multiplier Budget All. Dir. Exp. SubConslt HoURs TOTALS"
TASK
IIH Agency Review/Revisions
Ill Provisions
llJ Bid Assistance '"
lis Subconsmants ($GM)
[llX Expenses
SUBTOTAL $7,594 $23,541 $0 $2,32~ $93,552 287 $119,418
12 PS~E SRJ TO MISSOURI GA TE YIC.
12A ~utvey Support/Supplemental Mapping
128 Paven~nt Condition Assessment/Report
12C Hydraulic AnalYsis/Stormwater Design
12D Charlston Beach Rd 'Plans (14 sheets)
12E SR 304'Plan Sheets (26 sheets)
12F Quantity & Cost Estimates
12G Agency Reviews/Revisions
12H ~ Pertaining
121 Provisions
12J Kid Assistance '
~25 Subconsultants (My,ers Bindy~amics)
12X Exl~nses
SUBTOTAL $8S,850 $286,135 $0 $3,426 $17,$74 3355 $287,134
15 PS, gE PA CIFIC-FI~$T- WA
13A Contingency (Myer Biudynamics = $17,000) $82,000 $82,000
14 tgORST-BREMERTON TRAIL $~5,000 $25,000
15 B~, mG DEMOLI~I'ON PE~E. ($EG. B)
1SA Plan Sheets (7)
158 Provisions
!$C Quantity & Cost Estimates
lSD Bid Assistance
'i~s $ubconsultants
15X Expenses
SUBTOTAL $5,478 $16,982 $0 $5,000 $0 206 $21,982
'!6 Contingency $1~5,000 $~ ~5,000
TOTALS $412,576 '" $302,902 15189
$6,552
$~:820
$3,382
$429,330 $1,330,923 $649,12'2 $39,325 $302,902 $2,322,272
I/28/97
Page 4
FORMAL TASK ASSIGNMENT DOCUMENT
TASK NUMBER
The general provisions and clauses of Agreement
Assignment.
Location of Project:
Project Title:
Maximum Amount Payable Per Task. Assignment:
Completion Date:
Description of Work:
(Note attachments and give brief description)
shall be in full force and effect for this Task
Agency Project Manager Signature:
Oral Authorization Date:
Consultant Signature:
Agency Approving Authority:
Date:
See LenerDated:
Date:
Date:
Page 15 of 34
Local Agency Guidelines
Septamber,995
EXHIBIT C-I
PAYMENT
(LUMP SUNI)
A. Lump Sum Agreement
Payment for all consulting services for this project shall be on the basis of a lump sum amount as shown in the
heading of this AGREEMENT.
1. Management Reserve Fund
The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement
Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULT.ANT for additional work beyond that already defined in
this AGREEM'ENT. Such authorization(s) shall be in writing and shall not exceed the lesser of 550,003 or
10% of the Lump Sum Amount as shown in the heading of this Agreement. The amount included for the
Management Reserve Fund is shown in the heading of the AGREEMENT. This fund may be_replenished
in a subsequent supplemental agreement. Any changes requiring additional costs in excess of the
Mana,ement Reserve Fund" shall be made in accordance with Section XIV, "Extra Work."
2. Maximum Total Amount Payable
The Maximum Total Amount Payable, by the AGENCY to the CONSULTANT under this
AGREEMENT, shall not exceed the amount shown in the heading of this AGREEMENT. The maximum
total amount payable is comprised of the Lump Sum Amount and the Management Reserve Fund. The
Ma.~imum Total Amount Payable does not include payment for extra work as stipulated in Section XIV,
"Extra Work."
B. Monthly Progress Payments
Partial payments may be made upon request of the CONSULT.&NT to cover the percentage of work
completed, and are not to be more frequent than one (1) per month. To provide a means of verifying the
invoiced salary costs for the Consultant's employees, the AGENCY may conduct employee interviews.
These interviews may consist of recording the names, titles, salary rate, and present duties of those employees
performing work on the PROJECT at the time of the interview.
C. Final Payment
Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly
upon its verification by the AGENCY after the completion of the work under this AGREEMEN'I', contingent
upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be
furnished under this AGREEM'ENT. Acceptance of such final payment by the CONSULTANT shall consti-
tute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless
such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTAxNT prior
to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have
against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims.
It is agreed that payment of any billing will not constitute agreement as to the appropriateness of any item and
that at the time of final audit, all required adjustments will be made and reflected in a final payment. In the
event that such final audit reveals an overpayment to the CONSULT, UN'T, the CONSULTANT agrees to
refund such overpayment to the AGENCY within ninety (90) days of notice of any such payment. Such
refund shall not constitute a waiver by the CONSULT,Ax,IT for any claims relating to the validity of a finding
by the AGENCY of overpayment.
Page 16 of 34
q?
L ocM A.,qen cy G uldel!nes
September 1995
Inspection of Cost Records
The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the
AGENCY, the STATE, and the United States for a period of throe years after final payment the cost records
and accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the
following exception: if any litigation, claim, or audit arising out of, in connection with, or related to this
contract is initiated before the expiration of the three-year period, the cost records and accounts shall be
retained until such litigation, claim, or audit involving the records is completed.
Page I7 of 34
Loca! Agency Guidelines
September1995 /~
EXHIBIT C.2
PAYMENT
(COST PLUS FIXED FEE)
The CONSULTAN'T shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT ms provided hereinafter. Such payment shall be full compensation for all work performed or
services rendered and for all labor, materials, equipment, and incidentals necessary to complete the work specified
in Section II, "Scope of Work." The CONSULTANT shall conform with the applicable portion of 48 CFR 31.
A. Actual Costs
Payment for all consulting services for this project shall be on the basis of the CONSULTANT's actual cost
plus a fixed fee. The actual cost shall include direct salary cost, overhead, and direct nonsalary cost.
1. Direct Salary Costs
The direct salary cost is the direct salary paid to principals, professional, technical, and clerical personnel
for the time they are productively engaged in work necessary to fulfill the terms of this AGREEMEaNT.
2. Overhead Costs
Overhead costs are those costs other than direct costs which are included as such on the books of the
CONS U~TA~N"T in the normal everyday keeping of its books. Progress payments shall be made at the
rate shown in the heading of this AGREEMENT, under "Overhead Progress Payment Rate." Total
overhead payment shall be based on the method shown in the heading of the AGREEMENT. The three
options are explained as follows:
a. Actual Cost Not To Exceed Maximum Percent: If this method is indicated in the heading of this
AGREEM:ENT, the AGENCY agrees to reimburse the CONSULTAINT at the actual overhead rate
verified by audit up to the maximum percentage shown in the space provided. Final overhead pay-
ment when accumulated with alt other actual costs shall not exceed the total maximum amount
payable shown in the heading of this AGREENrENT.
b. Fixed Rate: If this method is indicated in the heading of the AGREEMENT, the AGENCY a~ees to
reimburse the CONSU'LTAINT for overhead at the percentage rate shown. This rate shall not change
during the life of the AGREEMENT.
A summary of the CONSULTAINT's cost estimate and the overhead computation are attached hereto as
Exhibit D- 1 and by this reference made part of this AGREEMENT. When an Actual Cost method, or the
Actual Cost Not To Exceed method is used, the CONSULTANT (prime and all subconsultants) will
submit to the AGENCY within three months after the end of each firm's fiscal year, an overhead schedule
in the format required by the AGENCY (cost category, dollar expenditures, etc.) for the purpose of
adjusting the overhead rate for billing purposes. It shall be used for the computation of progress payments
during the following year and for retroactively adjusting the previous year's overhead cost to reflect the
actual rate.
Failure to supply this information by either the prime consultant or any of the subconsultants shall
cause the agency to withhold payment of the billed overhead costs until such time as the required
information is received and an overhead rate for billing purposes is approved.
The STATE and/or the Federal Government may perform an audit of the CONSULTAxNT's books and
records at any time during regular business hours to determine the actual overhead rate, if they so desire.
Page 18 o! 34
Local Agency Guidelines
September 1995
/Ol
3. Direct Nonsalary Costs
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may
include, but are not limited to the following items: travel, printing, long distance telephone, supplies,
computer charges, and fees of subconsulta.nts. Air or train travel wilt only be reimbursed to economy class
levels unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed at
the current rate approved for AGENCY employees and shall be supported by the date and time of each
trip with origin and destination of such trips. Subsistence and lodging expenses will be reimbursed at the
same rate as for AGENCY employees. The billing for nonsalary cost, directly identifiable with the
Project, shall be an itemized listing of the charges supported by copies of original bills, invoices, expense
accounts, and miscellaneous supporting data retained by the CONSULTANT. Copies of the original
supporting documents shall be provided to the AGENCY upon request. All of the above charges must be
necessary for the services to be provided under this AGREEM:ENT.
4. Fixed Fee
The fixed fee, which represents the CONSULTANT's profit, is shown in the heading of this
AGREEMENT under Fixed Fee. This amount does not include any additional fixed fee_which could be
authorized from the Management Reserve Fund. This fee is based on the scope of work defined in this
AGREEM:ENT and the estimated man-months required to perform the stated scope of work. Ln the event
a supplemental a~eement is entered into for additional work by the CONSULTANT, the supplemental
agreement may include provisions for the added costs and an appropriate additional fee. The fixed fee will
be prorated and paid monthly in proportion to the percentage of work completed by the CONSULTANT
and reported in the monthly progress reports accompanying the invoices.
Any portion of the fixed fee earned but not previously paid in the pro~ess payments will be covered in
the final payment, subject to the provisions of Section ]:X, Termination of Ag-reement.
5. Management Reserve Fund
The AGENCY may desire to establish a Management Reserve Fund to provide the A~eement
Administrator the flexibility of authorizing additional funds to the AGREEMENT for allowable unfore-
seen costs, or reimbursing the CONSUL, T,.-MN'T for additional work beyond that already defined in this
AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of S50,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount
included for the Management Reserve Fund is shown in the heading of this agreement. This fund may be
replenished in a subsequent supplemental agreement. Any changes requiring additional costs in excess of'
the "Management Reserve Fund" shall be made in accordance with Section X.W, "Extra Work."
6. Maximum Total Amount Payable
The maximum total amount payable, by the AGENCY to the CONS U-LT~NT under this AGREEM:ENT,
shall not exceed the amount shown in the heading of this AGREEMENT.
The Maximum Total Amount Payable is comprised of the Total Amount Authorized, which includes the
Fixed Fee and the Management Reserve Fund. The Maximum Total Amount, Payable does not include
payment for extra work as stipulated in Section XIV, "Extra Work."
Monthly Progress Payments
The CONSULT,,MNT may submit invoices to the AGENCY for reimbursement of actual costs plus the
calculated overhead and fee not more often than once per month: during the progress of the work. Such
invoices shall be in a format approved by the AGENCY and accompanied by the monthly progress reports
required under Section 12I, General Requirements, of this AGREEMENT. The invoices will be supported by
an itemized listing for each item including direct salary, direct nonsalary, and allowable overhead costs to
Page 19 of 34
Local Agency Guidelines
September ,995
which will be added the prorated'Fixed Fee. To provide a means of verifying the invoiced salary costs for
CONS ULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist
of recording the names, titles, and present duties of those employees performing work on the PROJECT at the
time of the interview.
C. Final Payment
Final payment of any balance due the CONSULTANT of the gross amount earned will be made promptly
upon its verification by the AGENCY after the completion of the work under this AGREEMENT, contingent
upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be
furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall consti-
tute a release of all claims for payment which the CONSULTANT may have against the AGENCY unless
such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULTANT prior
to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have
against the CONSULTANT or to any remedies the AGENCY may pursue with respect to such claims. The
payment of any billing will not constitute agreement as to the appropriateness of any item and that at the time
of final audit, all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such o~erpay-
ment to the AGENCY within ninety (90) days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment.
D. Inspection of' Cost Records
The CONSULTANT and the subconsultants shall keep available for inspection by representatives of the
AGENCY and the United States, for a period of three years after final payment, the cost records and accounts
pertaining to this AGREEMENT and all items related to or bearing upon these records with the following
exception: if any litigation, claim, or audit arising out of, in connection with, or related to this contract is
initiated before the expiration of the three-year period, the cost records and accounts shall be retained until
such litigation, claim, or audit involving the records is completed.
Page 20 of 34
Local Agency Guidelines
.~.of~n~hee 199.~
EXHIBIT C-3
PAYMENT
(NEGOTIATED HOURLY RATE)
The CONSULTANT shall be paid by the AGENCY for completed work and services rendered under this
AGREEMENT ms provided hereinafter. Such payment shall be full compensation for work performed or services
rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete the work. The
CONSULTANT shall conform with all applicable portions of 48 CFR 31.
1. Hourly Rates
The CONSULTANT shall be paid by the AGENCY for work done, based upon the negotiated hourly rates
shown in Exhibits D and E attached hereto and by this reference made part of this AGREEMENT. The rates
listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following
12-month period upon request of the CONSULTANT or the AGENCY. If negotiations are _not conducted for
the second or subsequent 12-month periods within 90 days after completion of the previous period, the rates
listed in this AGREEMENT or subsequent written authorization(s) from the AGENCY shall be utilized for
the life of the AGREEM'ENT. The rates are inclusive of direct salaries, payroll additives, overhead, and fee.
In the event renegotiation of the hourly rates is conducted, the AGENCY reserves the right to audit for any
change in the overhead rate currently in use by the CONSULTA.NT and modify the hourly rates to be paid to
the CONSULTANT subsequent to the renegotiation accordingly. Any changes in the CONSU'LTAaNT'S
fixed hourly rates may include salary or overhead adjustments.
2. Direct Nonsalary Costs
Direct nonsalary costs will be reimbursed at the actual cost to the CONSULTANT. These charges may
include, but are not limited to the following items: travel, printing, long distance telephone, supplies, com-
puter charges, and fees of subconsultants. Air or train travel will only be reimbursed to economy class levels
unless otherwise approved by the AGENCY. Automobile mileage for travel will be reimbursed as the current
rate approved for AGENCY employees and shall be supported by the date and time of each trip with origin
and designation of such trips. Subsistence and lodging expenses will be reimbursed at the same rate as for
AGENCY employees. The billing for nonsalary cost, directly identifiable with the PROJECT, shall be an
itemized listing of the charges supported by the original bills, invoices, expense accounts, and miscellaneous
supporting data retained by the CONSULTANT. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. Ail above charges must be necessary for the services provided under
this AGREEM:ENT.
Management Reserve Fund
The AGENCY may desire to establish a Management Reserve Fund to provide the Agreement Administrator
the flexibility of authorizing additional funds to the AGREEMENT for allowable unforeseen costs, or reim-
bursing the CONSULTANT for additional work beyond that already defined in this AGREEMENT. Such
authorization(s) shall be in writing and shall not exceed the lesser of $50,000 or 10% of the Total Amount
Authorized as shown in the heading of this AGREEMENT. The amount included for the Management
Reserve Fund is shown in the heading of this agreement. This fund may be replenished in a subsequent
supplemental agreement. Any changes requiring additional costs in excess of the "Management Reserve
Fund" shall be made i'n accordance with Section XIV, "Extra Work."
Local Agency Guidelines
September 1995
Page 21 of 34
4. Ma.ximum Amount Payable
The maximum amount payable for completion of work under this AGREEMENT shall not exceed the
amount shown in the heading of' this AGREEMENT. The maximum amount payable includes the Manage-
ment Reserve Fund, but does not include payment for extra work as stipulated in Section XIV, "Extra Work."
No minimum amount payable is guaranteed under this AGREEMENT.
5. Monthly Progress Payments
Progress paYments may be claimed on a monthly basis for all costs authorized in I and 2 above. The monthly
invoices shall be supported by detailed statements for hours expended at the rates established in Exhibits D
and E, including names and classifications of all employees, and invoices for all direct nonsalary expenses. To
provide a means of verifying the invoiced salary costs for the consultant's employees, the agency may con-
duct employee interviews. These interviews may consist of recording the names, titles, salary rates, and
present duties of those employees performing work on the project at the time of the interview.
6. Inspection of Cost Records
The CONSULTANT and his/her subconsultants shall keep available for inspection by representatives of the
AGENCY, STATE, and the United States, for a period of three years after final payment, the cost ?ecords and
accounts pertaining to this AGREEMENT and all items related to or bearing upon these records with the
following exception: if any litigation, claiml or audit is started before the three-year period, the records shall
be retained until all litigation, claims, or audit findings involving the records have been resolved. The three-
year retention period begins when the CONSULTANT receives final payment.
7. Final Payment
Final payment of any balance due the CONSULTAxNT of the gross a_mount earned will be made promptly
upon its verification by the AGENCY after the completion of the work under this AGREEM2ENT, contingent
upon receipt of all PS&E, plans, maps, notes, reports, and other related documents which are required to be
furnished under this AGREEMENT. Acceptance of such final payment by the CONSULTANT shall consti-
tute a release of ali claims for payment which the CONSULTAxNT may have against the AGENCY unless
such claims are specifically reserved in writing and transmitted to the AGENCY by the CONSULT.,XzN'T prior
to its acceptance. Said final payment shall not, however, be a bar to any claims that the AGENCY may have
against the CONSULTAaN-i' or to any remedies the AGENCY may pursue with respect to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit, all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTAxNq", the CONSULTAxNT will refund such o,,'erpay-
ment to the AGENCY within ninety (90) days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT or any claims relating to the validity of a finding by the AGENCY of'
overpayment.
Page 22 of 34
/o5
Local Agency Guidelines
September 1995
AGENDA BILL
BREMERTON CITY COUNCIL
Ordinance Declaring a Nuisance
for Frequent Criminal Activity
at a Residence and Abating the
Nuisance
FOR AGENDA OF:-Jdnu~=~ __, 1997
ORIGINATING DEPT: Executive
ORIGINATOR: Ian R. Sievers,
City Attorney
DATE SUBMITTED: January ~ , 1997
i (Comment on back if necessary) 3. EXHIBITS:
.... - Proposed Ordinance
COUNC~/CO~MiTTEE
/ Using the drug house abatement'statute as a model, this ordinance expands the list
~~bitual criminal~which impacts and degrades a neighborhood.
The r~~t may be vacated for up to one year for their es
convictions or any combination of felonies, misdemeanors o-r infract~~~
five in a one year period. The activity must have a connection to the residence.
8. RECOMMENDATION:
Approve Ordinance No. on first reading.
Pass Ordinance No. on second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
025
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-P~SS~G~:
6. IMPACT ON STAFFING, BUDGETS, F~CILITIES, EOUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCES:
Abate. Ab - Agenda Disk - 1/21/97
107
ORDINANCE NO. __
AN ORDINANCE declaring residences used by frequent offenders to be a public
nuisance and subject to abatement.
WHEREAS, properties with occupancy by persons involved in drug-related activity and
violent crimes creates a pattern of property use which threatens the safety and security of residential
neighborhoods, increases vehicular and pedestrian traffic, increases noise disruptive to the peace and
repose of surrounding properties, and creates frequent calls for police and fire services associated
with use of the property; now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. New Chapter. A new Chapter ., CRIMINAL ACTIVITY
NUISANCE, is hereby added to Chapter to read as follows:
(a) Every building or unit within a building used as a dwelling by persons convicted of
offenses related to controlled substances as defined in chapter 69.50 RCW, 69.41 RCW or 69.52
RCW or public disturbance offenses which have an adverse impact on the surrounding neighborhood,
and otherwise meets the criteria of a criminal activity residence, is a public nuisance which shall be
abated under this chapter.
(b) "Public Disturbance Offenses" as used in this chapter includes, but is not limited to, any
of the following crimes:
(1) Assault in the first degree (RCW 9A.36.011);
(2) Assault in the second degree (RCW 9A.36.021);
(3) Assault in the third degree (RCW 9A.36.031);
(4) Assault in the fourth degree (RCW 9A.36.041);
(5) Assault of a child in the first degree (RCW 9A.36.120);
(6) Assault of a child in the second degree (RCW 9A.36.130);
CRIM-AC'r.ORD - Disk 2 - 11/5/96
(7)
(8)
(9)
(10)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
Child molestation in the first degree CRCW 9A.44.083);
Child molestation in the second degree (RCW 9A.44.086);
Child molestation in the third degree (RCW 9A.44.089);
Extortion in the first degree (RCW 9A.56.120);
Extortion in the second degree CRCW 9A. 130);
Harassment (RCW 9A.46.020);
Malicious harassment (RCW 9A.36.080);
Telephone harassment (RCW 9A. 61.230);
Reckless endangerment in the first degree (RCW 9A.36.045);
Reckless endangerment in the second degree (RCW 9A.36.050);
Reckless endangerment in the second degree (RCW 9A.36.050);
Coercion (RCW 9A.36.070);
Burglary in the first degree (RCW 9A. 52.020);
Burglary in the second degree (RCW 9A.52.030);
Criminal trespass in the first degree (RCW 9A.52.070);
Criminal trespass in the second degree (RCW 9A.52.080);
Malicious mischief in the first degree (RCW 9A.48.070);
Malicious mischief in the second degree (RCW 9A.48.080);
Malicious mischief in the third degree (RCW 9A.48.090);
Kidnaping in the first degree (RCW 9A.40.020);
Kidnaping in the second degree (RCW 9A.40.030);
Unlawful imprisonment (RCW 9A.40.040);
CRIMoACT.ORD - Disk 2 - 11/5/96
infi-actions totaling five or more, within a one year period, provided said convictions have an adverse
impact on the surrounding neighborhood. The adverse impact associated with the conviction
includes, but is not limited to, unlawfully manufacturing, delivering, selling, storing or giving away
any controlled substance, legend drug or imitation controlled substances as defined in chapters 69.50,
69.41 and 69.52 RCW; arrests or searches by law enforcement personnel; police or fire response at
the premises or within 100 yards thereof, commission of any act which is an element of the offense.
(d) This chapter is enacted under authority of Art 11 § 11 of the state constitution and RCW
35.22.280(30), 7.48.155, 7.48.220 and 7.48.240.
Art 11 3~11: [any county, city town or township may make and enforce within its limits all such local police,
sanitary and other regulations as are not in conflict with general laws.
Z48.155: The unlawful use ora firearm or other deadly weapon by a person in, or adjacent to his or her
dwelling, that imminently threater~ the physical safety of other people in the adjacent area, so as to essentially
inteUfere with the comfortable enjoyment of their residences, is a nuisance and may be abated, and the person
who unlawfully used the firearm or deadly weapon is subject to the punishment provided in this chapter. This
section does not apply unless the person who unlawfully used the firearm or other deadly weapon is arrested for
this activity.
35.22.280: At~y city of the first class shall power:. . . 00) To declare what shall be a nuisance, and to abate the
same, and to intpose fines upon parties who may create, continue, or suffer nuisances to exist;
7.48.220: A public nuisance may be abated by any public body or officer authorized thereto by law.
7.48.240: Houses o fill fame, kept for the purpose, where persons are employed for purposes of
prostitution; all public houses or places of resort where gambling is carried on, or perrnitted; all houses or
places within any city, town, or village, or upon any public road, or highway where drunkenness, gambling,
fighting or breaches of the peace are carried on, or permitted; all opium dens, or houses, or places of resort
where opium smoking is permitted, are nuisances, and may be abated, and the owners, keepers, or persons
in charge thereof and persons carrying on such unlawful business shall be punished as provided in this
chapter.
Defining units within a multifamily complex and closure of individual units follows State drug nuisance
abatement fox,nat as an alternative to a formula of convictions per 25~units.
.020 ABATEMENT ORDER - ISSUANCE - APPEAL. Upon the discovery of
a nuisance defined by this chapter, the Chief of Police or designee may issue an order of abatement:
(a) Directing the owner and person(s) in possession of the premises to abate it by closure of
CRIM-ACT.ORD - Disk 2 - 1115/96
4
(29)
(30)
(31)
(32)
(33)
(34)
(35)
(36)
(37)
(38)
.(39)
(40)
(41)
(42)
(43)
(44)
(45)
(46)
Indecent liberties (RCW 9A.44.100);
Rape in the first degree (RCW 9A.44.040);
Rape in the second degree (RCW 9A.44.050);
Rape in the third degree (RCW 9A.44.060);
Rape of a child in the first degree (RCW 9A.44.073);
Rape of a child in the second degree (RCW 9A.44.076);
Rape of a child in the third degree (RCW 9A.44.079);
Residential burglary (RCW 9A.52.025);
Stalking (9A.46.110);
Violation of a temporary or permanent protective order issued pursuant to chapter
9A.46, 10.14, 10.99, 26.09, or 26.50 RCW;
Prostitution (BMC 9.24.020);
Permitting prostitution (BMC 9.24.050);
Soliciting prostitution (BMC 9.24.060);
Drug related loitering (BMC 9.88.010);
Disorderly conduct (BMC 9A.44.020);
Lewd conduct (BMC 9A.44.070);
Unlawful disposal (BMC 6.04.050); and
Public disturbance noise (BMC 6.32.110).
(c) As used in this chapter, "criminal activity residence" means a building or unit within a
building occupied by a person or persons convicted under the above statutes or comparable city
ordinances of three felonies, or any combination of felonies, misdemeanors, gross misdemeanors or
CRIM-ACT.ORD- Disk 2 - 11/5/96
the building or unit within a building against its use for any purpose and to keep it closed for a period
of one year unless released sooner as provided in this chapter; said order to take effect fourteen days
after serve and posting under section (.030).
(b) Stating that while the order of abatement remains in effect, any person entering the
building without the consent of the Chief of Police shall be charged with trespass.
(c) Describing the nature of the nuisance under this chapter, specifying a reasonable time
within which the building must be vacated and secured, and the right of the owner or occupant to
appeal to the Hearing Examiner pursuant to BMC 2.62.045. The effective date of the abatement
order shall be stayed pending administrative appeal.
.030 ABATEMENT ORDER - SERVICE - POSTING. At least fourteen days
prior to the effective date of the abatement order the Chief of Police shall post a copy of the order
in a conspicuous place on the building or unit subject to abatement, and serve a copy on the property
owner and any person in possession of the property, if known, personally or by first class mail. Upon
the effective date, the abatement order shall be filed with the Kitsap County Auditor for recording.
.040 ABATEMENT ORDER- CANCELLATION- STAY.
(a) If the Chief of Police, or the Heating Examiner upon appeal, finds and concludes that the
owner of the building or unit within a building: (1) had no knowledge of the existence of the nuisance
or has been making reasonable efforts to abate the nuisance, and (2) will immediately abate any such
nuisance that may exist at the building or unit within a building and prevent it from being a nuisance
within a period of one year thereafter, the Police Chief or Heating Examiner shall, if satisfied of the
owner's good faith, order the building or unit within a building to be delivered to the owner, and the
order of abatement shall be canceled. If an order has been entered and the owner subsequently meets
CRIM-ACT.ORD - Disk 2 - 11/5/96
/la..-
the requirements of this section, the order of abatement shall be canceled.
Co) If the Chief of Police, or the Heating Examiner upon appeal, finds and concludes that: (1)
a tenant of the building or unit within a building, the tenant's household or tenant's guests are not
solely responsible for creation of the criminal activity residence nuisance, and (2) had no knowledge
of a history of occupancy of the building or building unit creating the nuisance, the effective date of
the order of abatement shall be stayed to allow sufficient time to terminate the tenancy under the
Residential Landlord Tenant Act (chapter 59.18 RCW) or a current rental or lease agreement
submitted by the landlord or tenant.
This section provides the same defense available in Superior court on a drug nuisance abatement by complaint
under RCW 7.34.080.
.050 NONEXCLUSIVE REMEDY. The provisions of the Chapter relative to
the abatement of criminal activity nuisances are not exclusive, and all other rights or remedies of the
City or any citizen, including drug nuisance abatement under Chapter 7.43 RCW, are declared to
remain in full force and effect.
.060 PENALTIES. It shall be unlawful and a violation of this Chapter to
knowingly:
(a) Occupy or suffer to be occupied any building or premises ordered vacated;
(b) Fail to comply with any order issued pursuant to this Charter; or
(c) Obstruct any officer or agent of the City of Bremerton or other governmental unit in the
enforcement of this Chapter. Violation of this Chapter is a gross misdemeanor.
CRIM-ACT.ORD - Disk 2 - 11/5196
Section 2. Effective Date. This ordinance shall take effect ten (10) days from passage and
publication.
APPROVED by the City Council of the City of Bremerton this
day of
1996.
PASSED by the City Council ofthe City ofBremenonthis~
1996.
day of
JOHN E. LAW, Council President
APPROVED this ~ day of
,1996.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
CRIM-ACT.ORD - Disk 2 - 11/5/96
7
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
.ORDINANCE No.
Vegetation Control
, Regarding
FORAGENDA OF: /'--~
ORIGINATING DEPT.: Dept. o~'Co~nm. Dev.
ORIGINATOR: D. Pratt
DATE SUBMITTED: (,~~?
2. CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
Dir. of Comm. D~ A. Proposed Ordinance
City Attorney:_ ~ o.,~_.~oposed~ ordinance
· . /,
ENDORSEMENT /~ INFOR/M~TION APPROVED BY COUNCIL P.~ESlDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Several neighborhoods are impacted by properties with very heavy overgrowth of
vegetation. The proposed ordinance seeks to reasonably regular the height of
inappropriately overgrown vegetation.
8. RECOMMENDATION:
Motion to approve vegetation control ordinance, on first reading.
Motion to approve vegetation control Ordinance on second reading.
9. RESPONSIBLE OFFICIAL: D. Pratt
ENFORCEMENT OFFICIAL: J. Johnson
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDED
11. AGENDA BILL NO.:
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The city will continue to rely on Fire and Health Codes for enforcement of overgrown
vegetation.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES1 EQUIPMENT OR OTHER RESOURCES:
No impact.
7. RESEARCH SOURCES:
agbill.ph4
ORDINANCE
AN ORDINANCE declaring certain vegetation a public nuisance as a fire hazard and a
menace to public health, safety and welfare and requiring its abatement; and amending
Bremerton Municipal Code chapter 11.16.
WHEREAS, RCW 35.21.310 allows the City to abate vegetation which is a fire hazard
or public nuisance and assess abatement costs as a lien against private property; now, therefore,
THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. Recodification. Chapter 11.16 of the Bremerton Municipal Code shall be
recodified as chapter 9. 14. with section references in chapter 1 1.16 corrected to reflect the same
section in section 9.14 unless otherwise amended by this ordinance.
Section 2. New Section. A new section 9.14.005 is added to the Municipal Code to read
as follows:
.010 PURPOSE This chapter is an exercise of the City's police power to protect he public
health, safety and welfare; and to provide enforcement, abatement and collection of abatement
expenses by the City. This chapter shall be enforced for the benefit of the general public, not for
the benefit of any particular person or class of persons.
It is the intent of this chapter to place the obligation of complying with its requirements
upon the owner or occupier of land within the scope of this chapter and not to impose any duty
upon the City or any of its officers, officials or employees which would subject them to damages
in a civil action.
Section 3. Amendment. Section 11.16.010 is recodified as 9.14.010 and further
amended to read as follows:
.015 NUISANCE DECLARED.
~ The owner of any property within the City shail remove or destroy all trees, plants,
shrubs or vegetation, or any parts thereof, which overhang any sidewalk or street or which are
WEEDS.ORD - Ordinance Disk 2 - 1124197 1
tt7
situate on the property or on the portion of the street or sidewalk abutting thereon, in such manner
as to obstruct or impair the free and full use of the sidewalk or street, including the interruption
or interference with the clear vision of pedestrians or persons operating vehicles thereon, or
interfering with sidewalks, streets, poles, wires, pipes, fixtures or any other part of any public
utility situate in the street.
.Co) It is unlawful and a nuisance for the owner or occupant of real property, including any
unimproved planting strips, right-of- way or similar area abutting and adjacent to such real
property to allow, continue or maintain the following vegetation:
(1) Grass and weeds exceeding twelve inches in height except in areas maintained for
domestic livestock.
(2) Shrubs. brush, vines, trees or other vegetation growing or which has grown and died,
and organic debris, which constitutes a fire hazard, or provides a harborage for rats. rodents or
horticultural pests.
(3) Noxious and poisonous plants, including poison ivy, poison oak. poison hemlock,
poison sumac, nettles and nightshade,
Section 4. New Section. A new section 9.14.018 is added to the Municipal Code to read
as follows:
.018 EXEMPTIONS. The following are exempt from the application of this chapter:
1) Undeveloped publicly owned properties including natural open space and watershed
lands.
2) Private property designated as open space land, farm and agricultural land and
timberland under Chapter 84.34 RCW and taxed at current use assessment.
WEEDS.ORD - Ordinance Disk 2 - 1/24/97
2
3) Wetlands and critical areas designated for protection under the Growth Management
Act, Chapter 36.07A RCW.
4) Parcels of land greater than 13000 square feet, provided the perimeter 50 feet of these
parcels must be maintained in compliance with section .015.
Section 3. Effective Date. This ordinance shall become effective ten (10) days from
passage and publication.
APPROVED by the City Council of the City of Bremerton this day of
,1997.
PASSED by the City Council of the City of Bremerton this day of
,1997.
DAVID D. FARR, Council President
APPROVED this
day of
,1997.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
W~I~.r}S.ORD - Ordinance Disk 2 - 1124197
3
DEPARTMENT OF COMMUNITY DEVELOPMENT
To: City Council
From: Donald L.~tt, Director of Community Development
Date:
January 24, 1997
Subject: Vegetation height control
Problem with Current Code
The City currently has only the Fire Code to require
maintenance of vegetation. In order to require property owners to
clean up undesirable, unattractive, and troublesome vegetation,
the City must find that such vegetation is a fire hazard in order
to have the situation abated. During most of the year, such
vegetation is not a fire hazard yet remains undesirable,
unattractive and troublesome - especially to the surrounding
neighborhood.
Desired Chanqe
Prohibit the existence of undesirable, unattractive and
troublesome vegetation in all areas of the City.
Specific Remedy
Add a section to the zoning code landscape section that
prohibits vegetation which is found to be undesirable,
unattractive and troublesome. This finding along with the
proposed abatement section to be added to the zoning code would
allow the City to remedy vegetation which is a detriment to
neighborhoods.
Kev Issue
One person's meadow/garden is another person's blighted
area.
disk 93.06 neat.9
/20
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
01~)INAi',TCE NO.. ._ , Regardin. g. ORIGINATOR:
Amend Zoning Ordinance to DATE SUBMITTED:
restrict number of motor vehicles,
boats and trailers parked on
residential lots.
FOR AGENDA OF: /~.~,/ ~'/9'FF---
ORIGINATING DEPT.: Dept. of ~;omr~. Dev.
D, Pratt
2. CLEARANCES: (Comment on back if necessary)
Dir. of Comm. e~v./~
City Attorney' ~ ~~.
MAYO~~--
3. EXHIBITS:
A. Proposed Amendment to
Zoning Code
B. Staff Report
C. Memo re compromise positions
D. Planning Commission minutes
APPROVED BY COUNCIL P~J~SIDEN.~.~'OR ,,,~BMITTAL:
COUNCIL PRESIDENT ~~('? ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
This proposal is part of the Neighborhood Enforcement Action Team slate of ordinances. It proposed to
limit the number of motor vehicles, boats, and trailers parked on residential lots to five (5). Motor vehicles,
boats, and trailers parked in garages or carports or parked on the street (motor vehicles only) are
excluded. The Planning Commission considered this proposal and was unable to make a
recommendation. All motions ended in tie votes (only six members of the seven commissioners
participated).
8. RECOMMENDATION:
approve Ordinance on first reading,
Motion to/adopt the zoning code amendment to restrict number of motor vehicles, boats,
and trailers on residential lots.
9. RESPONSIBLE OFFICIAL: D. Pratt
ENFORCEMENT OFFICIAL: J. Johnson
EXPIRATION DATE:
REVIEW DATE:
PULLED
COUNCIL DIRECTIVE:
TABLED
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDED
97- o2.7
/ 2{ 11. AGENDA BILL NO.: _
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
The city will continue to pay for 100% of indirect costs related to abatements out of the
General Fund.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Any indirect abatement costs recovered will allow general funds in the same amount to be
directed to enforcement activities or other general fund activities.
7. RESEARCH SOURCES:
ICBO Model Codes.
agbill.phl
/,3.3..
ORDINANCE NO.
AN ORDINANCE restricting open on-site parking in residential zones; and amending
chapter 21.02 of the Bremerton Municipal Code.
THE CITY OF BREMERTON DOES ORDAIN:
.Section 1. Amendment Section 2 !.02.600 of the Bremerton Municipal Code is hereby amended
to read as follows:
.600 GENERAL PROVISIONS.
fg) No more than five boats, motor vehicles, or trailers per dwelling unit shall
be parked in any residential zoning ~ti~trict on site for longer than 72 hours unless stored or
parked in a garage or car-port in a lawful manner.
... [g-m renumbered as h-nj
Section 2. Effective Date. This ordinance shall become effective ten (10) days from passage and
publication.
APPROVED by the City council of the City of Bremerton this
1997.
day of
1997.
PASSED by the City council of the City of Bremerton this
day of
APPROVED this
day of
DAVID FARR, Council President
, 1997.
Attar:
LYNN S. HORTON, Mayor
KATHLEEN M,z'CLUSKEY, City Clerk
f-Vehicle. Oral - Ordinance I~k 2 - 1/27/97
STAFF REPORT
ZONING TEXT AMENDMENT REGARDING NUMBER OF MOTOR VEHICLES,BOATS,
AND TRAILERS PARKED AT RESIDENTIAL LOTS
File No: ZTA - 09 - 96
Prepared by Donald L. Pratt, Director of Community Development ~
SUMMARY
The Administration has proposed a package of enforcement
legislation designed to help address enforcement procedures
and troublesome issues created by some parcels which have a
poor influence on surrounding properties. This package of
enforcement legislation is called the Neighborhood
Enforcement Action Team.
One of the troublesome issues addressed by N.E.A.T. is the
accumulation of motor vehicles, boats, and trailers on some
residential properties in the City. At a certain point an
accumulation of motor vehicles, boats and trailers on
residential property changes the characteristics of the
parcel from residential to those of a parking lot or junk
yard. Current enforcement tools for this problem are
limited to requiring paved areas for parking and to
determining that the parcel's primary use is that of a junk
yard or non-accessory parking lot (both not allowed in a
residential zone) and that the residential use is not the
primary use. This enforcement procedure is indirect and not
easily understood. The remedy for this is to establish a
clear limit for the number of motor vehicles, boats and
trailers which may be stored per each dwelling unit on
residential lots.
The proposed amendment adds as a provision of the parking
section of the zoning code the limit of 5 motor vehicles,
boats and trailers per dwelling unit which may be parked
outside garages and car ports. This limit does not include
motor vehicles which are legally parked on public right-of-
way. Persons desiring to park more than 5 motor vehicles,
boats, or trailers on residentially zoned parcels will be
required to construct garages or carports(under the
accessory building regulations) to enclose the motor
vehicles and trailers. Violations of this element of the
zoning code constitute civil violations and are punishable
for each violation on the first conviction at $100/day. The
fine for violationsincreases upon conviction for the same
violation afterthe first conviction.
FINDINGS OF FACT
1. APPLICANT:
City of Bremerton, Department of Community Development
COMPREHENSIVE PLAN:
Element B: The Vision for Bremerton
4. Neighborhoods: "The quality and stability of
neighborhoods are indicators of a community's overall health. We
generally associate "quality" with a number of factors that
include the level of property maintenance, neighborhood pride,
peace and quiet, and the nature and style of the architecture,
landscaping, and overall design. Bremerton has a great variety
of housing choices. Some neighborhoods are in need of protection
while others need rehabilitation or, in some instances,
redevelopment.
4.F. Neighborhood quality,
affordability will be given increased
community improve
ment programs.
safety, stability, and
consideration in all
ELEMENT C: Planning Goals
Goal %6 Property Rights
Private property shall not be taken for public use without
just compensation having been made.
The property rights of landowners shall be protected from
arbitrary and capricious actions.
Subsection A. Respect private property rights while
protecting the long term good of our Bremerton community.
Goal #14 Community Image
Enhance Bremerton's image as a pleasant, beautiful city in
which to live, work and visit.
Subsection A. Foster identifiable liveable neighborhoods
that provide a variety of opportunities complimented by
recreational, shopping and social support services.
ANALYSIS OF OPTIONS
A. Number of motor vehicles, boats, and trailers allowed
to be parked outside on residential lots.
The recommendation of a total of 5 motor vehicles, boats and
trailers is based primarily on the size of residential lots.
The smallest single-family parcel allowed to be created in
the City today is 5,000 square feet with a minimum lo5 width
of 40 feet. This lot area and width would be overwhelmed
with any more that 5 motor vehicles and trailers parked
outside on the lot. The Administration considered the
transportation needs of typical household group, but did not
base the recommendation primarily on these current needs
because it is believed that these needs are gradually
changing to require fewer vehicles per dwelling units for
city parcels.
B. Allowing additional vehicles to be stored behind view
obscuring fences of hedges.
This option was considered and rejected becauseelevations of
surrounding properties and multi-story buildings will not
have views of excessive numbers of motor vehicles and
trailers obscured by 6' fences (the maximum allowed in
residential zones) or vegetation of similar height.
Additionally vegetation used for view obstruction is
difficult to maintain for its view obstruction quality.
CRITERIA FOR ZONING CODE TEXT AMENDMENTS
Section 21.02.910, Bremerton Municipal Code
The City may approve a Zoning Code text amendment only if it
finds that the proposal meets the following criteria:
1. The amendment
Comprehensive Plan.
is substantively consistent withthe
ANALYSIS: The proposed amendment attempts to enhance the quality
of life in certain neighborhoods which is part of the Plan's
vision and one of the Plan's goals. By establishing a clear
standard for motor vehicle, boat, and trailer parking on
residential lots, the proposal avoids arbitrary and capricious
determinations of excessive motor vehicle, boat and trailer
parking on residential lots. This adheres to a Plan goal of
protecting individual property rights.
2. The amendment is consistent with all provisions in the
Zoning Code other than those which would be modified or
superseded by its adoption.
ANALYSIS: The zoning code does not contain any current reference
to the number of motor vehicles and trailers which may be parked
on residential parcels. No inconsistency occurs.
PROCEDURES FOR AMENDMENT
The Planning Commission recommends to the City Council the
approval, approval with recommendations, or denial of
applications for text amendments.
CONCLUSIONS AND RECOMMENDATIONS
1. CONCLUSION
a. The text amendment proposed meets the criteria for
a zoning text amendment as shown a~ve.
b. There is a clear need for this type of regulation
in order to achieve the vision and goals of the
Bremerton Comprehensive Plan.
RECOMMENDATION
Approve as proposed.
staff, rep
127
Report to Planning Commission
To: Planning Commission
From: Donald L. Pratt, Director of Community Development ~:~
Date: December 13, 1996
Subject: On-Site Parking Regulations/Residential Lots
I have attached a re4raR of the On-Site Parking/Residential Lots ordinance. I have included several
items suggested by the Planning Commission. These inclusions have been made with the concurrence of
the Mayor. They include:
Adding boats to the regulated objects parked on residential lots
Increasing the number of boats, motor vehicles and trailers allowed to be parked
outside on a residential lot to 5
Allowing uncontrolled parking for 3 days until the ordinance kicks in
The Mayor supports these amendments. Other amendments were suggested by the Planning Commission
and discussed with the Mayor. I list them and the Mayor's response to them below.
Suggested amendments on which the Mayor takes no position:
Exclude parking in car-ports from regulation (car-ports treated the same as garages)
Large lots exempted from parking regulations (suggestion: large lots defined as 1/2
acre or more)
Suggested comments which the Mayor opposes:
Exclude inoperable vehicles
Apply regulations to front yards only
Determine number of parked boats, motor vehicles and trailers by number of licensed
drivers in the residence.
In conclusion, I wish to remind the Planning Commissioners that the proposed amendment is part of the
zoning code and as such is subject to all administrative and enforcement codes as well as options for
special exceptions, non-conformity and other processes designed to help the code "fit" the situation.
On-Site Parking Regulations/Residential Lots 12/13/96 Page 2
Proposed Ordinance with amendments included:
(g) No more than five boats, motor vehicles, or trailers per dwelling unit shall be parked in any
residential zoning district on site for longer than 72 hours unless stored or parked in a garage or car-pon
in a lawful manner.
The previously proposed ordinance without the amendments read as follows:
(g) No more than four motor vehicles or trailers per dwelling unit may be parked in any residential
zoning district on site unless completely enclosed within a building in a lawful manner.
PLANNING COMMISSION MEETING MINUTES
· ~d-N-AI"TRG VE D D, KAFT/~ ,
Dece~m~er 3, 1996
Chairman Olsen called the meeting to order at 6:02 PM.
The meeting began with the Secretary calling the roll: Those present were: Chairman Olsen,
Vice-Chairman Stone, Commissioners Dingfield, Adams, Hancock, Boyd and Robinson.
Staff Present: Donald Pratt and Marylyn Waibel.
Chairman Olsen asked for approval of the agenda. Commissioner Stone pointed out that
there was an error on the "Next Regular Meeting~, shoutd be December 17, 1996.
Commissioner Stone moved for approval of the agenda as corrected. Seconded by
Commissioner Dingfield. Approved unanimously.
PUBLIC KEARING gl-VEHICLE STORAGE ON RESIDENTIAL LOTS
Donald Pratt, Director of Community Development, presented the staff report. This
legislation was brought about by the Code Compliance Committee working jointly on problem
properties in the City. The Committee has found that a very small number of properties are
responsible for a large amount of city, services. Mr. Pratt handed out the proposed ordinance.
There should be no more than 4 motor vehicles or tra/lers per any dwelling unit parked in the
resident/al zoning district outside of completely enclosed garages or parked legally on the street.
The action tonight is to take public input on the proposed ordinance.
No written correspondence.
Jason Pushtek, homeowner, sees many problems with the ordinance. Feels that the family
size, number of licensed drivers, visitors, etc. should be factored in. In favor of cleaning up
blight, but to go to this length to clean up 5 or 6 properties is nnreasonable.
Bill Kamp, resident, feels this ordinance will create more crime by pushing more vehicles onto
the street as opposed to being .in pr/rate driveways. Feels the ordinance is extremely vague.
There should be a distinction between a licensed vehicle and unlicensed vehicle, should look at
the size of the property, etc.
Donald Pratt responded to some of the comments. Feels using the number of licensed drivers
would not work. Violation of the zoning code is not a criminal action but a civil one.
PAGE -1~
Commissioner Robinson stated he was against grand fathering and tilt those homeowners could
apply for a variance.
Commissioner Boyd feels there needs to be some leniency.
Donald Pratt explained that the spec/al exception process could be used as well.
The enforcement policy used in the City is responding to complaints only.
Commissioner Dingfield felt that a carport should be treated as a garage.
Donald Pratt stated that the carport was not considered because the cars would be exposed and
would contribute to the feeling of automotive oriented property rather than residential oriented
property.
Commissioner Stone was concerned about the carport issue. Feels a time limit should be
considered.
Commissioner Hancock feels the number of cars should be t/ed to the number of licensed
drivers per dwelling unit. The grandfather clause would defeat the purpose of the ordinance.
Commissioner Adams feels the ordinance should take into consideration visitors and whether
the. vehicles are operable or not.
Commissioner Dingfield stated she would like to see looking into front and back yards. Some
back yards are more conducive to storage.
Commissioner Stone is against using the back yards, because some back yards are other
neighbors view.
Donald Pratt
recapped some ideas the administration could support:
adding boats
increasing the number from 4 to 5 or 6
72 hour time limit
carports
inoperable vehicles-could not support
rear yard-could not support
number of licensed drivers-could not support
Chairman Olsen stated that it should be rewritten. Feels that the size of the lots should be
considered.
Don Cooley stated that he was concerned regarding multiple family dwellings and rentals.
Donald Pratt stated that the ordinance is geared to number of vehicles per dwelling unit.
PAGE -2-
Multiple families under one roof would be viewed as one family and limited to 4 vehicles.
Commissioner Robinson stated that ordinance should remain simple so that the staff' can do its
job. If too much is added it would be more difficult.
Commissioner Boyd stated we should only pass an ordinance that is able to be enforced, not
selectively enforced.
Commissioner Stone moved that the issue be remanded back to staff and the City attorney
for clarification. Seconded by Commissioner Boy& Question called: Stone, yes;
Robinson, no; Adams, yes; Hancock, no; Dingield, no; Boyd, yes; Olsen, yes. Motion
passes.
Donald Pratt discussed the future process to be followed with regard to the ordinance.
PUBLIC HEARING
11TH
The Secretary read into the record a letter from Nicki Sotdal,
deleting the 1 lth Street viewpoint.
g support for
Alexandria and Cecile Urquhart, resident, supports deleting
concerns.
viewpoint because of safety
Larry Reynolds, Gig Harbor, supports deleting the v: dnt because of safety concerns.
Donald Pratt, Director of Community
amendment to the comprehensive plan. The
owner from the Eleventh Place ne~.
development of the Eleventh Place
key" viewpoint or by an adjacent
Amendments to the Comprehensive
it 1996 amendments. The
Amendment be held at this time
action to be taken in 1997 be
Amendments.
the staff report. This is an
has held discussions with a property
The discussions involve whether or not the
road end is best undertaken by the City as a 'Iow-
owner as part of a private residential property.
can be made only once a year. The City has completed
proposes that public hearings from this Plan
Planning Commission and Council recommendations for
and that this proposal be included in the 1997 Plan
David Baldwin, 946
parking concerns and
stated he supports deleting the vieWpoint. Has safety and
it will be a disruption to the neighborhood.
Del Knaus, resl
the precedenc{
20,000.
rid of
of Bremerton, stated he feels it should be a viewpoint. Concerned about
vacating street ends. Comp Plan was developed with a population growth of
;ainst getting
PAGE -3-
December 17, 1996
Chairman Olsen called the meeting to order.
Approval of the Agenda: No corrections.
PUBLIC HEARING #1-VEHICLE STORAGE ON RESIDENTIAL LOTS
Donald Pratt, Director of Community. Development, presented the staff report. This is an
ordinance that was first heard at the December 3rd meeting. The changes are a result from input
at that meeting. The Mayor supports adding boats, increasing the number of vehicles to 5 and
allowing uncontrolled parking for 3 days until the ordinance kicks in. The Mayor had no
position on the tbllowing and will defer to the Commission's judgement: excluding carports and
exempting large lots from the parking regulations. The Mayor opposes excluding inoperable
vehicles, applying regulations to front yards only, and determining the number of vehicles
allowable by the number of licensed drivers.
Dan Zimsen, homeowner, concerned that this will be e~brced by a vindictive neighbor and
will not be enforced across the board.
Morris Thompson, homeowner, concerned about commercial vehicles congesting the
neighborhood. Feels that parking should be eliminated on one side of the street on the narrow
streets.
Bill Kamp, homeowner, concerned about what the real intentions of the city are with this
ordinance. Feels that once the purpose is identified, it will be easier to draft a enforceable
ordinance. Feels the current ordinance is intrusive on the residents and that parking is already
an issue for the City and that this ordinance will force more vehicles onto the streets.
Commissioner Robinson stated he could not support the ordinance as presented because as he
reads it, it would allow for 10 to 11 cars on and off the street.
Commissioner Adams stated she has to park in front of her home and has not had any
problems. Less vehicles on the property might encourage car pooling.
Commissioner Boyd /'eels that the ordinance is too simple fbr life. Most people use their
garages for storage.
PAGE -1-
13:3
Chairman Olsen questioned the Grandfather clause.
Donald Pratt, stated that the zoning code does have the Grandfather clause in it which states that
if the condition is legal at the time the law changes to make it illegal, the condition can continue
as long as it doesn't get bigger. Stated the intent of the ordinance is to improve the residential
quality, of the neighborhoods.
Commissioner Stone stated that "operable" is already a part of the zoning code in Chapter 7.
Trying to come up with an ordinance that will make everyone happy is impossible.
Chairman Olsen feels the ordinance still leaves many questions unanswered.
Commissioner Stone moved to adopt the zoning code text amendment, with the following
changes as outlined in Item G, no more than five boats, motor vehicles, or trailers per
dwelling unit shall be parked in any residential zoning district on site for longer than 72
hours unless stored or parked in a garage or carport in a lawful manner. Seconded by
Commissioner Robinson. Questiou called: Boyd, no; Hancock, no; Adams, yes; Stone,
yes; Robinson, yes; Olsen, no. Tie vote, no action can be taken on a fie vote. Item
stands as no recommendation.
Discussion followed among the Commissioners.
Bill Kamp, states that if the issue is junk vehicles, then let's attack junk vehicles.
Commissioner Stone moved to adopt the same motion a second time. Seconded by
Commissioner Robinson. Question called: Hancock, no; Adams, yes; Stone, yes;
Robinson, yes; Olsen, no; Boyd, no. Tie vote.
Chairman Olsen recommended that this issue be passed onto Council with no recommendation.
PUB.btC iiEARiNG #2-ZONING GKD-TNANCE~'"~EXf A~A"~,ENDMENT
Chairman Olsen stated that this was adoption and application~ff-'15roposed Health Care (HC) and
Shoreline Mixed Use (SMU) zones in the Harriso~ 5.str~cW.
Ron Hough, Planning Manager, presented the staff/report. In September, 19,96, the Bremerton
City Council adopted the Harrison District Plar)/as an amendment to the City s Comprehensive
Plan. Within the Plan, and adopted in co/nZ'ept, were recommendations for two new zones,
Health Care (HC) and Shoreline Mixed 3J~e (SMU). Activation of these new zones requires
formal amendmen.,ts to the text of the ~~ ance and to the Official Zoning Map of the
City: The role-of me Planning Co~Ssi°n in th/s Proceis is to review me Staff proposals in
PAGE -2-
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: FORAGENDA OF: /~~/,17~7",
ORIGINATING DEPT.: Dept. of Comm. Dev.
iO~a)I~A~CE ~0. , ~,eg.ardin~)RIGINATOR: D. Pratt
Amendment of Housing Code DATE SUBMITTED:
ENDORSEMENT ~X' INF~ION .
MAYOR ~
CLEARANCES: (Comment on back if necessary) 3. EXHIBITS:
Dir. of Comm. D~~~- A. Proposed Model Code
City Attorney: .~-/~~. B. Proposed amendments to
~.__~7 Model Code
Operations Committee: ..~'~~ C. Memo re amendments to Model
/ Code
Fiscal and Budget Committee;->,i~.,
COUNCIL PRESIDENT ~-~,--..i./i,.~/ (-'~N~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The current Housing Code has several characteristics which cause its use to be inefficient and ineffective
in some cases:
1 .) The code is not cross-referenced to the model building code;
2.) The code does not invoke an enforcement process.
Council is requested to replace the current Housing Code with the current Intemational Conference of
Building Officials Model Housing Code which is coordinated and cross-referenced with the ICBO Building
and Dangerous Building Codes. Additionally, the Administration proposes to assign determination of
inadequate garbage and rubbish facilities to the Building Official rather than the health official as proposed
in the model code.
8. RECOMMENDATION:
Motion to approve Ordinanc,e on first reading.
9. RESPONSIBLE OFFICIAL: D. Pratt
ENFORCEMENT OFFICIAL: _Buildinq & Development Permits Manaqer
EXPIRATION DATE:
REVIEW DATE:
PULLED
TABLED
10. NOTICE OF ACTION
APPROVED DISAPPROVED
AMENDE8D
COUNCIL
11. AGENDA BILL NO.: 9 7-O2g
/35
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Current Housing Code will remain in effect with no link to Dangerous Building Code for
enforcement.
6. IMPACT ON STAFFING, .BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
None.
7. RESEARCH SOURCES:
ICBO Uniform Housing Code.
agbili.ph2
Ordinance No.
AN ORDINANCE ADOPTING THE UNIFORM HOUSING CODE, REPEALING THE
BREMERTON HOUSING CODE, AND AMENDING CHAPTER 17.04 OF THE
BREMERTON MUNICIPAL CODE.
The City of Bremerton Does Ordain:
Section 1. Amendment. Section 17.04.040 9 (d) of the Bremerton Municipal Code is hereby
amended to read as follows:
.040 ADDITIONAL BUILDING CODES - ADOPTION. The following codes are adopted
by reference as follows, subject to the modifications and amendments set forth in this chapter:
(d) The Uniform Housing Code (UHC 1994 Edition, as published by the International
conference of Building Officials, is adopted except Chapters 2, 3 and 11-16.
Section 2. New Section. A new section is added to chapter 17.04 of the Municipal Code to read
as follows:
.066 AMENDMENTS TO THE UHC.
(a) UHC Section 1001.2(15) is amended to read:
Inadequate Sanitation. Buildings or portions thereof shall be deemed substandard when they are
unsanitary. Inadequate sanitation shall include, but not be limited to, the following:
(15) Lack of adequate garbage and rubbish storage and removal of facilities as
determined by the health ~ official.
(b) UHF Section 203.2 is amended to read:
Limitations of authority. The housing advisory and appeals board shall have not authority
relative to interpretation of the administrative provisions of this code nor shall the board be
empowered to waive requirements of this code, except inadequate dwelling ceiling height and
Housing.Ord - Ordinance Disk 2 - 1127197
/..37
buildings setbacks.
APPROVED by the City Council of the City of Bremerton this
PASSED by the City Council of the City of Bremerton this ~
day of , 1997.
day of , 1997.
APPROVED this
day of
DAVID FARR, Council President
,1997.
ATTEST:
KATHLEEN MeCLUSKEY, City Clerk
LYNN S. HORTON, Mayor
Housing.Ord - Ordinance Disk 2 - 1127197
To~
From:
Date:
Subject:
Department of Community Development Memorandum
City Council ec~
Donald L. Pratt, Dir
January 24, 1997
Proposed amendments to model Housing Code
The Administration has held several meetings with representatives of the Puget Rental Operators
Association regarding the proposed Housing Code. The model code contains a procedure and
requirements that PROA believes are inappropriate for Bremerton. The sections of the Code which
were discussed with PROA are Chapter 2, section 203.2 (enforcement) and Chapter 10 (which
defines what constitutes a substandard building).
Chapter 10 identifies the chaxacteristics of a substandard building. Included in this listing is the failure of
a dwelling to have all its moms comply with the minimum ceiling height (generally 7 feet/six
inches). Also included as a characteristic of a substandard building is inadequate setbacks from
property lines. PROA argues that in some instances dwellings with ceiling height below the
minimum and setbacks less than the minimum are not problems and the code requirements should
be waived. The model code does not give this waiver authority to the Bremerton Housing Appeals
Board in Chapter 2.
The Administration agrees with PROA that the Appeals Board should have the authority to waive ceiling
height and set back requirements in certain instances. The proposed amendments to the model code
gives the Bremerton Housing Appeals Board such authority.
93.06 housing2.doc
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
. ORDINANCE NO.
Recovery of indirect costs of
abatement actions.
FOR AGENDA OF: /7_~
ORIGINATING DEPT.: Dept. of Comm. Dev.
ORIGINATOR: D. Pratt
DATE SUBMITTED: ~'o-.-.,
2. CLEARANCES: (Comment on back if necessary)
Dir. of Comm.
City Att o r n ey~_---~.,_.~..,__._
Fiscal an,~udget .C~mm~tee: ~-~-~-~;-,-----~------
ENDORSEMENT,'~ INFORMATION
3. EXHIBITS:
A. Proposed Code Amendment
B. Memo re: need for ordinance
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
This ordinance is part of the Neighborhood Enforcement Action Team agenda. The
ordinance allows the city to recover more of the cost to remedy code violations than is
currently allowed. The city currently recovers only direct construction or demolition
costs. This proposal allows the city to recover indirect costs such as title reports, legal
counsel, and staff time to undertake abatements. If the ordinance is approved, a
resolution establishing fees will be brought to Council.
Ordinance on first reading, ................... ~
Motion to'amend Section 901 of abatement of Dangerous Buildings (1994) Code to'~,
,~ow recovery of indirect abatement costs. /)
ENFORCEMENT OFFICIAL: J. Johnson
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
11. AGENDA BILL NO.'
c 7-
2. CLEARANCE COMMENTS:
5. IMPACT OF NON-PASSAGE:
Current Code will remain in effect allowing costs for direct physical actions only to be
collected.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
Increased revenue may be directed to fund enforcement activities or retumed to general fund.
The Department will make a budget proposal to allocate these funds to support enforcement
activities.
7. RESEARCH SOURCES:
ICBO Uniform Housing Code.
agbill.ph3
ORDINANCE NO.
An ordinance amending regulations of unfit buildings and premises including
abatement and recovery of abatement costs; and amending BMC 17.04.065.
Whereas, Chapter 35.80 RCW includes abatement and priority liens for costs associated with
abatement of unfit structures and premises which are more inclusive than the Uniform Code For
the Abatement of Dangerous Buildings, and should be adopted by the City; now therefore
The City of Bremerton Does Ordain:
Section 1. Amendment. Section 17.04.065 of the Bremerton Municipal Code is hereby
amended to read as follows:
.065 AMENDMENTS TO THE DBC.
(a) DBC Sec. 102.1 Purpose shall be amended to read as follows:
102.1 Purpose. It is the purpose of this code to provide a just, equitable and
practicable method, to be cumulative with and in addition to any other remedy provided by the
Building code, Housing Code or otherwise available by law, whereby buildings or structures
which from any cause endanger the life, limb, health, morals, property, safety or welfare of the
general public or their occupants may be required to be repaired, vacated or demolished.
It is hereby found that there exists within the City dwellings which are unfit for
human habitation, and buildings structures, and premises or portions thereof which are unfit for
other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire,
accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or
sanitary, facilities, inadequate drainage, overcrowding, or due to other conditions which are
inimical to the health and welfare of the residents of this City,
The purpose of this code is not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or benefited by the
terms of this code.
(b) DBC Sec. 302 is amended to read as follows: 302
For the pu~ose oft~s code, any building, ~ structure or premises w~ch has any
or all of the conditions or defects hereinaLer described shall be deemed to be ~ an unfit
building or premises, provided that such conditions or defects e~st to the extent that the life,
health, prope~y or safety of the public or its occupants ~e endangered:
15 Whenever any buildin~ ~ structure or oremises, ---- ~ -~: .... ~- ~ ~o be
-~ .~, .~,,,,,~ purpos~a,because of inadequate maintenance, dilapidation, decay, damage,
faulty const~ction or a~angement, inadequate light, air or sanitation facilities, accumulation of
DBCODE. ORD o Disk 2 - 11/12/96
garbage or refuse, or otherwise, is determined by the building officer to be unsanitary, unfit for
human habitation or in such a condition that is likely to cause sickness or disease to the
occupants, occupants of neighboring dwellings or other residents of the city. When a structure or
premises is declared unfit under this sUbsection, repair as used in the DBC shall include removal
of the condition.
(c) Section 901 - Account of Expense, filing of Report is amended to
read as follows:
The director of public works shall keep an itemized account of the expense
incurred by this jurisdiction in the repair or demolition of any building or premised done pursuant
to the provisions of Section 701.3, Item 3, of this code. the cost of vacation and closing a building
under 403 and the administrative costs incidental to abatement as set by co~lncil resolution. Upon
the completion of the work or repair, removal or demolition, said director shall prepare and file
with the clerk of this jurisdiction a report specifying the work done, the itemized and total cost of
the work including administrative charge, a description of the real property upon which the
building or structure or condition is or was located, and the names and addresses of the persons
entitled to notice pursuant to Section 401.3.
APPROVED by the City Council of the City of Bremerton this __ day of
., 1996.
PASSED by the City Council of the City of Bremerton this
day of ., 1996.
JOHN LAW, Council President
APPROVED this
__ day of
,1996.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
DBCODE.ORD - Disk 2 - 11/12/96
Iq3
AGENDA BILL
BREMERTON CITY COUNCIL
FOR AGENDA OF: ~
Ordinance Declaring Graffiti a
Nuisance and Establishing
Abatement Procedures
__, 1997
ORIGINATING DEPT: Executive
ORIGINATOR: Ian R. Sievers,
City Attorney
DATE SUBMITTED: January ~ , 1997
2. ~_.' (Comment on back if necessary) 3. EXHIBITS:
C-Hi~E~F ~~i~CE/~4~~ Proposed Ordinance
DIRECTOR OF COMMUNITY DEVELOPMENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
This ordinance declares any writing or graphic, which defaces structures and other
surfaces, to be a public nuisance which is a blight on surrounding properties.
This ordinance allows abatement by the City if the owner fails to act after
notice.
8. RECOMMENDATION:
Approve Ordinance No.
Pass Ordinance No.
on first reading.
on second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED [] DATE:
COUNCIL DIRECTIVE:
11. AGENDA BILL NO.:
7-o3o
F
(OVER)
2. CLEARANCE COMMENTR:
5. IMPACT OF NON-PASSAGR:
IMPACT ON STAFFING. BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES:
7. RESEARCH SOURCE~:
Graffiti.Ab - Agenda Disk - 1/21/97
ORDINANCE NO.
AN ORDINANCE declaring the presence of graffiti a public nuisance and requiring its
abatement.
WHEREAS, graffiti on public and private property blights neighborhoods by decreasing
property values, and intimidating and threatening those who live and work in the area by declaring
gang activity or a likelihood of further vandalism; now, therefore,
THE CITY OF BREMERTON DOES ORDAIN:
Section 1. New Chapter. A new chapter, 9.90 is added to the Bremerton Municipal Code to
read as follows:
.010 Graffiti -Definition. "Graffiti" as used in this chapter means the writing, drawing, or
script located on buildings, walls, fences, windows, signs or other open printable spaces which
damages or defaces the structure or other surface and which is visible from any public right-of-
way or public property.
.020 Graffiti - Nuisance Declared - Notice of Removal.
(1) Graffiti is declared to be a public nuisance and subject to abatement.
(2) Whenever the official charged with enforcing the City Building Code or his/her
designated representative, determines that graffiti exists on any public or private buildings,
structures, and places which are visible from any public right-of-way or public property, and
weather permits the painting of exterior surfaces, the official shall cause a notice to be issued to
abate such nuisance. The property owner shall have fifteen (15) days after the date of the notice
to remove the graffiti or the same will be subject to abatement by the City.
(3) The notice to abate pursuant to this section shall be served upon the owner(s) of the
affected premises, as such owners' name and address appears on the last property tax assessment
roles of Kitsap County, Washington, as well as the occupant of the property if known. If there is
no known address for the owner, the notice shall be sent in care of the property address. Service
may be by personal service, or registered and first class mail.
.030 Appeal. Within fourteen (14) days from the mailing or from personal service of the
notice to remove the owner or person occupying or controlling the premises affected may appeal
the notice of abatement to the Hearing Examiner under procedures of BMC 2.62.045. Filing of
an appeal will stay actions by the city to abate the graffiti nuisance during the pendency of the
appeal.
.040 Removal by the City. Upon failure of the owner or occupant to comply with the
notice to abate by the designated date, or such continued date thereafter as the police Chief or
his/her designated representative approves, then the City or its private contractor is authorized to
enter upon the premises to abate the graffiti. All reasonable efforts to minimize damage from such
entry shall be taken, and any paint used to obliterate or cover graffiti shall be as close as
practicable to background color(s) and the areas repainted shall be the minimum required to
obliterate the graffiti.
APPROVED by the City Council of the City of Bremerton this ~ day of ,
1997.
1997.
PASSED by the City Council of the City of Bremerton this __
day of
APPROVED this
DAVID FARR, Council President
__ day of
,1997.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Public Hearing
Resolution # o~,~ ~/ , regarding recovery offees for
the abatement of the property located at 108 N.
Cambrian Avenue.
FOR AGENDA OF: February 5. 1997
ORIGINATING DEPT.: Building Dept.
ORIGINATOR: Judy Johnson
DATE SUBMITTED:
2. CLEARANCES: (Comment on back if
necessary)
City Clerk:"~ '~~~q
City Attorney:~~/~
City Treasurer~ ~~._
3. EXHIBITS:
1. Resolution #
2. Clerk Report
ENDORSEMENTS' INFORMA~TION__ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR ~~/ '~. 7~--- COUNCIL PRESIDENT ~.~ '~ ~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
During the months of November and December, 1996, the City contracted with Martin Builders,
Inc. to demolish the house and remove the debris from the property located at 108 N. Cambrian Avenue,
after the owners, William and Elizabeth Smokoff, failed to do so as ordered by the building official. The
cost charged to the revolving abatement fund for this action totaled $16, 630.36. Council must now
decide if the fees are just and reasonable and how they should be collected.
RECOMMENDATION:
It is recommended that Council, by Resolution # ,,~.5'~.~ , order that the fees incurred for the
abatement of the house and debris located at 108 N. Cambrian Avenue be collected as reasonable
abatement costs and become a lien against the property.
9. RESPONSIBLE OFFICIAL: Judy Johnson
ENFORCEMENT OFFICIAL: Judy Johnson
EXPIRATION DATE: N/A
REVIEW DATE: N/A
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED AMENDED
DATE:
11.
AGENDA BILL NO.:
9A
2. CLEARANCE COMMENTS:
IMPACT OF NON-PASSAGE:
The City would forfeit the costs incurred for this action.
IMPACT ON STAFFING~ BUDGETS~ FACILITIES. EQUIPMENT OR OTHER RESOURCES:
The City's revolving abatement fund would suffer the deficit of not collecting these funds.
RESEARCH SOURCES:
N/A
/ 6-'O
RESOLUTION
A RESOLUTION reviewing charges for the abatement of the property, at 108
N. Cambrian Avenue and determining means of collection.
WHEREAS, the City of Bremerton incurred costs for demolition of the house and removal of the debris
from the property located at 108 N. Cambrian Avenue, Bremerton; and
WHEREAS, the Uniform Code for the Abatement of Dangerous Buildings, as adopted by the Bremerton
Municipal Code, allows the City to recoup these costs either by personal judgment against the property owner or
as a lien against the property; and
WHEREAS, the City Council is charged with determining whether the fees are just, and how they should
be collected; and has considered the report of charges filed by the Building Official and any protests or objection
filed; and
WHEREAS, the Building Official of the City of Bremerton recommends the fees be collected as a lien
against the property located at 108 N. Cambrian Avenue, now, therefore,
BE IT RESOLVED, by the City Council of the City of Bremerton:
1. That the abatement charges included in the report of the Building Official in the amount of $16,630.36
for the property located at 108 N. Cambrian Avenue, Bremerton, attached hereto, are just and reasonable.
2. That the City of Bremerton will exercise its right to recapture abatement fees by filing a lien against
the property.
PASSED, by the City Council of the City of Bremerton this
day of
19
DAVID FARR
Council President
/oct
CITY OF BREIVIERTON * 239 4th Street * Bremerton, WA 98337
Memorandum
DATE:
TO:
FROM:
RE:
CC:
January 22, 1997
Paula Johnston, Deputy City Clerk
Janet Luncefordl BDS I!
Abatement of 108 N. Cambrian Avenue
Judy Johnson, Dev. Pmts. Mgr.
Paula--
The City contracted with Martin Builders, Inc. to demolish the house and remove the
debris from the property located at 108 N. Cambrian Avenue after the owners, William
and Elizabeth Smokoff, failed to abate the conditions as ordered by the building official.
The fees for this action totaled $16,630.36 (see attached billing). I have scheduled a
public hearing for February 5, 1997 for Council to decide how to collect the fees.
· Celebrating 50 Years of Freedom
NAME: CI._.~ OF BREMERTON .... C.,~¢.,,.A, NET .....
MARTIN BUILDERS
CITY: BREMERTON STATE: WA ZIP: 98337 P'",O.,kjEINC.
LOSS ADDRESS: 10.,,S, N: CAMB.R, IAN .... 377-9343 377-6907
CITY: BREMERTON STATE: WA ZIP: 98312 7000WERNER ROAD
PH ....... BLDG.DEPT, #478-5275 BREMERTCN, WASHINGTON 98372
AD J, N,A. OEPT_#: 30 DATE: 12-4-96 EMP:
_CL.AI__M #: N A. DEDUCT: n.a. LENGTH WIDTH HEIGHT
UNIT COST MATERIAL LABOR
I,, .~S~.Q.,FT/H.R. SQ,FT.JEA. HOURS AMOUNT
0.00
0.00
.......... i o.oo
'CUT UP STEEL REIFORCED WALLS AND REMOVE FROM JOBSITE .... INCLUDED BEL W 0.00
i 0,00
*BACK FILL FOUNDATION HOLE WITH APPROX.. 250 YDS. OF ~
~ 0.00
...PIT RUN ...... GRADE TO LEVEL ......... . .._4500.00 ... ;__4500.00
.... j , 0.00
0,00
. ........ . ............. -__.]_ o,oo----
J ~ O.O0
0.00
0.00
J 0,00
0.00
~-" 0 00
..... NOTE .... THERE WAS NO TAX CHARGED TO THE CITY ON THE FIRST
PORTION OF REPAIRS ... SO IT IS INCLUDED BELOW ON THIS STATEMENT I 0.00
PREVIOUSLY BILLED ..................... g,g84,24 l . 0.00
; 0.00
TAX ON TH!S AMOUNT ................... 808.72 .... .---.1 '. ...
~ ! 0.00
0.00
/'~ 4500,D0 ........ ~ i ]_.__0'00
/
SUB
TOTAL
................................................................ .,..,.,,. ........ . .. -.. ........ ._ .....
/
P,.ROFIT AND OVERHEAD ............................. /', ....... ~.~.?..900.00 \ ............. ',_..
20%
..ADDITIONAL TAX ................... , ........................ iL......\ .......... .~,..808.72 '-'/ ___...
lofl
NAMF'._ CITY OF BREMERTON .... C.~..~ANET
ADD: 286 4TH.ST. MARTIN BUILDERS
CITY: BREMERTON STATE: WA ZiP: 98337 PHONE INC.
LOSS ADDRESS: 108 N. CAMBRIAN 377-9343 377-6907
CITY: BREMERTON STATE: WA ZIP: 98312 7000 WERNER ROAD
PH ....... BLDG.DEPT. #478-5275 BREMERTON, WASHINGTON 98312
INS: N.A. CONT LIC
ADJ. N.A. DEPT.#: 30 DATE: 10-4-96 EMP: ERIC
CLAIM#: NA DEDUCT: n.a. LENGTH WIDTH HEIGHT~
WORK DESCRIPTION: ESTIMATE TO TEAR DOWN AND DISPOSE
OF BUILDING AT THE ABOVE ADDRESS .... UNIT COST MATERIAL LABOR
SQ.FT/HR. SQ.FT./EA. HOURS AMOUNT
I ~ 0.00
i 0.00
AFTER ' '°"'=""' .... cF '"'"= ' "' ........... '" ..... {
,,,.,, ,_,.., ,., ,, ,,,_ ,-}..~,,,,.. ,.~,, I0~3 N.
WE AT MARTIN BUILDERS FEEL THAT THE MOST COST EFFECTIVE } 0.00
WAY TO CLEAN THIS SITE WOULD BE TO DEMOLISH AND DISPOSE OF ~ 0.00
THE HOME AND ALL ITS CONTENTS IN ITS ENTIRETY ..... 0.00
;
THE FOLLOWING LIST IS JUST A FEW REASONS WHY WE FEEL i 0.00
THIS COURSE OF ACTION IS NECESSARY ....... i 0.00
~ 0.00
1. ALL ROOMS IN HOME_INCLUDING FULL BASEMENT ARE PACKED EYE 0.00
LEVEL WITH GARBAGE AND OTHER SUCH DEBRIS .... THE HALLWAY AND~ 0.00
BACK ROOMS ON THE MAIN LEVEL COULD NOT EVEN BE ACCESSED 0.00
BECAUSE OF THE AMOUNT OF DEBRIS ..... ~' 0.00
! 0.00
2. AT SOME TIME, THE ROOF WAS STRIPPED AND COVERED WITH i 0.00
:PLASTIC....WHICH OVER TIME HAS FAILED AND ALLOWED WATER TO
! o.oo
PENETRATE IN MANY AREAS OF THE HOME CAUSING SEVERE INTERNAL I = 0.00
DAM.~GES..CO~.~.STING OF FALLEN SHEETROCK ....... PILES OF !NSULAT t i 0.00
OVER THE EXISTING GARBAGE ........ ', 0.00
0.00
3.ON TOP OF THE ABOVE PROBLEMS YOU HAVE EXTENSIVE MOLD 0.00
DAMAGE LIVING ON/IN THE WALLS AND CEILINGS THROUGHOUT .... 0.00
THIS PLACE IS THE PERFECT BREEDING PIT FOR DISEASE AND FUNGUS 0.00
IT'S STUFFED WITH GARBAGE...IT'S DAMP...IT'S DARK .... AND THERE'S I 0.00
NO HEAT ........... 0.00
................... .--- 0.00
'~!. ;,-~ ~. ,,-.' if '" i~ '~' I o.oo
, :'~.' . '-"-'j 0.00
0.00
- .......... ,-.. PAGE TOTAL: I 0.00
1 of 2
NAME' CITY OF BREMERTON .... C.O~ANEET ....
oo: ST. MARTIN BUILDERS
CITY: BREMERTON STATE: WA ZIP: 98337 PHONEiNC.
LOSS ADDRESS: 108 N. CAMBRIAN 377-9343 377-6907
CITY: BREMERTON STATE: WA ZIP: 98312 7000 WERNER ROAD
PH. BREMERTON. WASHINGTON 98312
INS: N.A. CONT LIC #MARTJBI~C,,~P
AD J. N.A. DEPT.#: 30 DATE: 10-4-96 EMP: ERIC
CLAIM #: N.A. DEDUCT: LENGTH WIDTH HEIGHT
WORK DESCRIPTION:
UNIT COST MATERIAL LABOR
SQ.FT/HR. SQ.FT./EA. HOURS AMOUNT
! 0.00
CONT .... J 0.00
,., O.OO
*TEAR DOWN AND HAUL AWAY OF RESIDENCE AND ITS CONTENTS ... 4.53 1340.00 6070.20
~ 0.00
'DUMP FEES 2250.00 ~ 2250.00
i 0.00
! 0.0o
~ 0.00
,, 0.00
i 0.00
! 0.00
J 0.00
~ 0.00
F ~ 0.00
~ 0.00
J 0.00
I 0.00
0.00
0.00
0.00
0.00
0.00
I 0.00
0.00
SUB TOTAL ........................................................................... 8,320.20 0.00
20% PROFIT AND OVERHEAD ........................................... 1,664.04 i 0.00
8.1% SALES TAX .................................................................... no [ax... 0.00
GRAND TOTAL ................................................................. $ 9,984.24 I 0.00
PAGE TOTAL: 8320.20
2 of 2 / 5S