HomeMy WebLinkAbout04/02/97 AGENDABREMERTON CITY COUNCIL
239 4TH STREET
BREMERTON, WA 98337
CITY COUNCIL AGENDA
APRIL 2, 1997
CALL TO ORDER - 5:30 P.M.
A. Pledge Of Allegiance
B. Invocation
CONSENT AGENDA
Items listed below have been distributed to Council members in
advance for study and will be enacted by one motion. If
separate discussion is desired on an item, it may be removed
from the Consent Agenda and placed on the Regular Agenda at
the request of a Council member.
A. Request for Public Hearing on Water #AB97-065
Fluoridation
3. CLAIMS/CHECK REGISTERS
4. COUNCIL MEMBER REPORTS
5. MAYOR'S REPORT
6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes)
NEW BUSINESS
A. Amendments to Sinclair Landing
Memorandum of Understanding
Be
Contract for Jail Services Between
City of Bremerton and Kitsap County
Professional Services Agreement for
Archaeological Monitoring for Callow
Avenue CSO Project
Interlocal Agreement with the Port of
Bremerton for Reservoir Rehabilitation
Ee
Increase Administrative Change Order
Authority for Callow Avenue Basin Priority
1, Phase 2 Storm Drainage Separation
#AB97-066
#AB97-067
(CONTINUED ON REVERSE)
ORDINANCES
A. Ordinance (First Reading) to Re-Adopt
the Bremerton Zoning Ordinance, Including
Both the Text and Maps to Ensure GMA
Compliance
#AB97-071
PUBLIC HE~RING - 6:00 P.M. OR LATER
A. Surplus/Sale of Properties Around the
Wastewater Treatment Plant
#AB97-040 '.~ ~
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT:
REQUEST FOR PUBLIC HEARING
ON WATER FLUORIDATION
FOR AGENDA OF: ~P~= ~
ORIGINATING DEPT: Public Works & Utilities\~
ORIGINATOR: ~. ~a~ ~a~e~ ~ M~i~
DATE SUBMITTED: March 25, 1997
CLEARANCES: (Comment on back 3. EXHIBITS:
if neces~/,ry) ~//~
Director, PW & Ut_i~//&~--~/ / City Fluoride Fact Sheet
City AttorneY cl/__~%~/~ TOPIC WAS PRESENTED AT CITY COUNCIL
F~ ~/Sq~get/Co/5~~ / / , , , STUDY SESSION ON MARCH 17, 1997.
~e~at~6ns ~om~/ / / / / /
ENDORSEMENT ~ INFORMATION
£]
APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
City Council has been approached to consider the implemention of water
fluoridation in the City of Bremerton water distribution system. Water
fluoridation is a public policy decision. A public hearing is requested to
gather input from water customers of the City of Bremerton.
5. RECOMMENDATION:
The City Council approve
fluoridation;6~<~w~/~/~//~7.
and schedule a public hearing on water
RESPONSIBLE OFFICIAL: Public Works and Utilities Director
ENFORCEMENT OFFICIAL: Water Resources Manaqer
EXPIRATION DATE:
REVIEW DATE:
PULLED [] TABLED []
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED [] DISAPPROVED []
AMENDED []
11. AGENDA BILL NO.:
A
2. CLEARANCE COMMENTS:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
IMPACT ON NON-PASSAGE:
Lack of input from the City of Bremerton water customers.
IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Please see attached Fact Sheet.
RESEARCH SOURCES:
Draft Engineering Report Corrosion Control Facility, 1997 - prepared by
Montgomery Watson Engineers for the City of Bremerton.
Kitsap Council Health District, Health Status of Kitsap County, 1995.
FACT SHEET ON WATER FLUORIDATION FOR BREMERTON
Prepared by Kathleen Cahall, Water Resources Manager
March 1997
The purpose of this fact sheet is to provide basic information on fluoridation
and how it could impact the City of Bremerton. The Public Works and Utilities Department
is neutral on the question of fluoridating the water supply since it is a policy consideration
and not a water quality issue.
What is fluoride?
Fluorides are compounds that contain fluorine.
and water.
In its various forms, fluoride is found in soil, plants,
What does fluoride do for people?
Studies show that people who drink fluoridated water or take fluoride by other means, have fewer
dental caries. Although optimal levels of fluoride enhances remineralization of tooth enamel, too
much fluoride can cause fluoridosis, which mottles the teeth. Therefore, fluoride intake must be
regulated. Water systems that fluoridate monitor fluoride levels very carefully.
Why put fluoride in our water?
Although fluoride can be taken topically or orally and is a component in most toothpastes, adding
fluoride to water can be the most cost-eff'ective way to ensure that ~tll those who can benefit from
fluoride, mainly children, receive optimal levels of fluoride. It provides the greatest benefit to
poor children who can least afford or access preventative and restorative dentistry to reduce dental
disease.
Is there fluoride in Bremerton's water?
Bremerton does not fluoridate the water. Although some water supplies have naturally occurring
fluoride, Bremerton's water has non-detectable levels of fluoride.
Why doesn't Bremerton fluoridate the water?
The water would not be fluoridated unless approved by City Council or a vote of city residents.
Since adding fluoride does not make the water safer to drink, it becomes a public policy question
for the community to decide whether they want fluoride in their water or not.
What would it take to add fluoride to Bremerton's water?
First, the Public Works and Utilities Department would need approval to add fluoride. Funds to
install fluoridation equipment would then need to be authorized. Special equipment would be
installed at Reservoir 84 for the surface supply and at four well locations (Anderson Creek, Well 9,
Well 13, and Well 14) which would increase the level of fluoride in the water to about 1 part per
million. This process would take approximately one to two years.
What would water fluoridation cost?
A recent engineering study a estimates that it would cost Bremerton about $ 65,000 per year or
$1.20 per person per year to fluoridate the water. This estimate includes chemical, operation and
maintenance.
Who are some of the organizations who support water fluoridation to prevent dental caries?
US Public Health Service
American Dental Association
American Water Works Association
Kitsap County Board of Health
Why are some people against fluoride?
Despite widespread endorsement of fluoridation by medical, dental, and public health officials, the
practice is opposed by people who claim fluoride causes cancer and other disease. Some
opponents believe that harmfial effects can occur at the Iow levels added to drinking water but
studies have not confirmed this. b, c Some people oppose water fluoridation on the grounds that it
violates individual choice. Others view water fluoridation as a form of forced medication,
however, fluoride is considered a nutrient, not a medicine,a
How many water systems fluoridate the water?
Fluoride has been added to water supplies since the mid-1940's,c In 1988, approximately 144
million people, f 61% of tile U.S. population served by public water systems, s had fluoride levels
sufficient to prevent tooth decay. There are nine states that mandate water fluoridation. In Kitsap
County only 16% of the residents drink fluoridated water. ~ The following systems add fluoride:
Annapolis, Bainbridge Island, Manchester, Port Orchard, Poulsbo, and Suquamish. Some of the
other water systems in the state that add fluoride are: Centralia, Everett, Kelso, Longview, Seattle,
Tacoma, and Vancouver.
Should Bremerton fluoridate the water?
The decision to fluoridate the water is ultimately up to the community. Community leaders and
water customers can learn more about the benefits and risks of fluoride by contacting the
Bremerton-Kitsap County Health District, their dentist and other health care providers, or the
public library. City residents can contact their City Council representative at 478-5280.
FOOTNOTES:
Montgomery Watson Engineers, Draft Engineering Report Corrosion Control Facility, 1997.
American Water Works Association, OpFlow, November 1993.
American Dental Association, Fluoridation FaCts, no date.
Same as c.
Department of Health and Human Services, Review of Fluoride, February 1991.
f Hach Chenfical Company, Newsletter, June 1995.
Morbidity and Mortality Weekly, 1990, 39:646-650.
Kitsap County Health District, Health Status of Kitsap County, 1995.
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: AMENDMENT~T0 SINCLAIR
LANDING M0U
FOR AGENDA OF: APRIL ~ 199~
ORIGINATING DEPT: CITY C NCIL
ORIGINATOR: IAN R. IEVE
DATE SUBMITTED: MARCH 27, 1997
2. CLEARANCES: (comment on back
if necessary)
ENDORSEMENT >c INFOR~TION
COUNCIL PRESIDENT
4. SUP~4ARY STATSMENT AND REQUIREMENT FOR COUNCIL ACTION:
The City along with Kitsap Transit, Port of Bremerton and Kitsap County
selected the Sinclair Landing Proposal of Fletcher Wright for the City's
downtown waterfront development and executed 8 Memorandum of Understanding
in February 1996. The developer's reorganization as Howard S. Wright
Construction Company was approved by the City August 7, 1996.
The proposed amendment extends the original 180 day period for negotiating
a development agreement to April 15, 1997, defines responsibility between
members of the private development team and adds additional financial
support from the private development team for pre-development activities
of Sinclair Landing Association, as more fully detailed in the attached
memorandum.
8. RECO~{MENDATION:
Approve proposed amendment to Sinclair Landing MOU.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTIQN
APPROVED DISAPPROVED
DATE:
AMENDED
2 · CLEARANCE COMMENTS:
N/A
5. IMPACT ON NON-PASSAGE:
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT QR OTHER RESOURCES:
7. RESEARCH SOURCES:
N/A ,.
Proposed Amendments to the
Sinclair Landing
February, 1996 Memorandum of Understanding
The original members of the Fletcher Wright project team have undergone some organizational
transition and also had the oppommity to better define appropriate roles and relationships among the
team members. Specifically, Fletcher Wright, Inc. changed ownership and its name to Howard S.
Wright Construction Co. and The Commercial Group, L.L.C. was formed to fulfill the private
development role. The Commercial Group, L.L.C. includes The Rucker Group, an original proposal
team member, and Randy McGreal, who was originally project coordinator. Sinclair Landing
Association, the non-profit corporation proposed by the Fletcher Wright team to facilitate the project,
was established in November, 1995, and has achieved an effective working relationship among its public
and private partners: City ofBremerton, Kitsap Transit, Port ofBremerton, Kitsap County, and Howard
$. Wright Construction Co.
In February, 1996, the six partners entered into a Memorandum of Understanding to negotiate
appropriate developmem agreements among the parmer~ to bring the Sinclair Landing project to
fi'uition. Each partner (except Sinclair Landing Association) pledged up to $50,000 to fund the efforts
of the Sinclair Landing Association to act, omplish those agreement~, and committed to making best faith
efforts m achieve results within 180 days.
Since that date, the panners have in fact worked in good faith towards that end. Substamial progress
has been made on the design and funding of the Bremerton Transportation Center and on the master
plan and permitting of the overall project. Project roles to actually implement the project have now been
defined:
The Commercial Group, L.L.C.:
Master Developer for the Sinclair
Landing Project
Howard S. Wright Construction Co.:
Design/Build Contractor for the Bremerton
Transportation Center
The project partners are now prepared to negotiate the necessary agreements to implement the project,
according to the following schedule:
April 15:
Define the tn-ms of thc appropriate development agreements, at least in principle,
including Howard S. Wright Construction Co. as the Design/Build Contractor for
the Bremerton Transportation Center and The Commercial Group, L.L.C. as
Master Developer for the project.
June 1:
Execution of key agreements to implemem the project.
The Febmgry, 1996 Memorandum of Understanding needs ~o be amended to reflect changes in the
partners and project schedule ~s follows:
The six original project panners recognize The Commercial Group, L.L.C. as a partner to the
Memorandum of Understandm8 and as the Master Developer for the Sinclair Landing project,
anticipating the execution of a fifll development agreemem among the parties.
2. The now-seven project partners agree to support the Sinclair Landing Association's expenses to
coordinate and facilitate the project's progress, as follows:
Howard S. Wright Construction Co. will provide SLA with $19,771.11 for November and
December, 1996 SLA expenses, as previously invoiced and will fund its remaining share of the
original MoU partners' $50,000 commitment.
b. The Commercial Group, L.L.C. will provide SLA with $50,000 to support its activities related
to the Sinclair Landing project.
The public parmers will each fund the remaining share of their original $50,000 commitment.
3. The partners are committed to defining the terms of the major development agreements by April 15,
1997, including a ftmding plan for SLA's activities, agreeable to the public and private partners.
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT:Contract for Jail Services
FOR AGENDA OF: 4-2-97
ORIGINATING DEPT: Poli¢9
ORIGINATOR: Chief DB Fresne
DATE SUBMITTED: 3-18-97
2. CLEARANCES: (comment on back 3. EXHIBITS:
if necessary)
City Attorn
City Clerk
APPROVED BY C0~0~CIL P ' -IDENT SUBMITTAL
4. SIIMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The ten year old contract has expired and this five year contract will
replace it.
RECOMMENDATION:
Recommend the Council approve the contract for execution by the Mayor.
o
RESPONSIBLE OFFICIAL: Police Chief
ENFORCEMENT OFFICIAL: Police Chief
EXPIRATION DATE: 12-31-2001
REVIEW DATE: Each Budget Year
PULLED TABLED
COUNCIL DIRECTIVE:
10. NOTICE OF ACTION
APPROVED__ DISAPPROVED
DATE:
AMENDED
11.
AGENDA BILL NO:
KITSAP COUNTY/CITY OF BREMERTON
AGREEMENT FOR INCARCERATION OF CITY PRISONERS
WHEREAS, KITSAP COUNTY, (hereinafter "COUNTY") owns and operates a correctional
facility situated in Port Orchard, Washington, which is suitable for the detention and
incarceration of adult persons; and
WHEREAS, the City of Bremerton (hereinafter "CITY") requires a suitable facility for the
detention and incarceration of adult persons arrested by ~s police officers or committed to
confinement by its courts; and
WHEREAS, in accordance with the Interlocal Cooperation Act (Chapter 39.34 RCW) and
the City and County Jails Act (Chapter 17.48 RCW), COUNTY and CITY enter into this
Agreement; now, therefore in consideration of the mutual covenants contained herein it is
hereby agreed as follows
Section 1: DETENTION/INCARCERATION
COUNTY will provide detention and incarceration pursuant to the terms of this Agreement
provided that there is sufficient space available in the Kitsap County Corrections and
Detention Facility, for the following adult persons:
(a) arrested with or without a warrant for a violation of an ordinance of the CITY; or
(b) whose detention is continued solely on the basis of a City "hold"; or
(c) subject to terms of imprisonment by courts of the City; or
(d)
arrested or incarcerated for violation of a State law when one of the following
circumstances exist:
(1)
the State law violation is charged in lieu of a violation of a City ordinance where
such ordinance is similar in its prohibition to the State law violation; and
(2)
the State law violation is charged in lieu of a repealed or amended City ordinance
where the repeal occurred subsequent to this agreement and where at the time of
the repeal there existed a State law similar in its prohibition and penalty to the
repealed ordinance.
Section 2: PRESENTATION FOR CONFINEMENT
Upon presentation of an individual for confinement, or as soon thereafter as is practicable,
the City shall advise the staff of the Kitsap County Corrections and Detention Facility of the
duration or other terms of confinement of a given individual. CITY shall provide a copy of
any Warrant of Arrest or Order of Commitment.
The CITY shall be solely responsible for determining that the individuals presented for
detention are detainable and shall certify by the act of presenting an adult person for
detention, that said person is legally detainable and the COUNTY shall bear no
responsibility to insure that said individuals are legally detainable. The CITY shall hold the
COUNTY harmless as set forth in Section 13 for any claim or action resulting from the
detention of an individual wrongly presented by the CITY for detention.
Section 3: DURATION OF CONFINEMENT
The COUNTY shall incarcerate persons received from CITY until the following occur:
(a)
(b)
(c)
expiration of the term of confinement as indicated in a Warrant or Order of Commitment; or
upon posting of bail; or
receipt of a directive from a law enforcement officer or prosecuting attorney of the CITY to
release such person held under probable cause without judicial process; or
(d)
for those held upon probable cause without judicial process upon the passage of two (2)
business days; provided, prior to releasing any person pursuant to this subsection the
COUNTY shall attempt to contact the CITY to ascertain the CITY's desires with regard to
said person; PROVIDED FURTHER that the CITY shall hold the COUNTY harmless as set
forth in Section 13 for any claim or action resulting from the detention of an individual
wrongly detained at the direction of the CITY
Section 4: OPERATIONS STANDARDS
COUNTY shall operate its Correctional and Detention Facility in accordance with the
standards enunciated in COUNTY Ordinance No. 119.
Section 5: REMITTAL OF BAIL MONIES
COUNTY shall remit to the CITY on a daily basis the monies received by the COUNTY as
bail from the CITY's prisoners.
Section 6: MEDICAL AND DENTAL CARE
COUNTY shall provide CITY's prisoners, at no additional charge, those routine medical
services which are provided to other prisoners for which the Health Care Provider does not
render a separate billing for care provided to a specific individual.
CITY shall reimburse COUNTY for necessary dental services, prescription drugs, and
medical care, the need for which arises after confinement of a prisoner presented for
detention by the City, and for which a health care provider renders a separate billing.
Section 7: TRANSPORTATION
CITY will provide or arrange for transportation of CITY detainees to and from the
Correctional and Detention Facility except when the transportation is determined by
COUNTY staff to be necessary to secure emergency medical evaluation or treatment, or
when transportation is required to support the orderly operation of the Detention Facility or
the internal needs of the Department of Correction.
Section 8: GENERAL PROVISIONS
For those persons delivered to COUNTY by CITY pursuant to Section 1, CITY shall pay
COUNTY Fifty-Five Dollars ($55.00) per person confined for each twenty-four (24) hour
period of confinement or portion thereof.
(a)
Complete Expression of Aqreement. The parties agree that this Agreement is the complete
expression of the terms hereto and any oral representations or understanding not
incorporated herein are excluded.
(b)
Notices. Any notices or correspondence required by the COUNTY to the CITY, or by the
CITY to the COUNTY shall be in writing and delivered to the following parties, at the
following addresses:
(c)
(d)
(e)
Section 9:
(a)
(b)
Section
Section
Section
KtTSAP COUNTy CORRECTIONAL
& DETENTION FACILITY
Larry Bertholf, Superintendent of Corrections
614 Division Street, MS 33
Port Orchard, WA 98366
CITY OF BREMERTON
Chief Paul Du Fresne
239 Fourth Street
Bremerton, WA 98337
Amendmen. ts: The parties further agree that this Agreement cannot be amended or
modified without the written concurrence of both parties.
Waiver: Failure to insist upon strict compliance of any terms, covenants or conditions of this
Agreement shall not be deemed a wavier of such nor shall any waiver or relinquishment of
such dght or power at any time be taken as a waiver of any other breach.
Applicable Law: 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 for any action
brought hereunder shall be in Kitsap County Superior Court.
Attorneys Fees: The substantially prevailing party in any litigation arising hereunder shall be
entitled to its reasonable attorneys fees and costs including appeals, if any.
ADJUSTMENT TO CHARGES
It is the intention of the parties that CITY pay to COUNTY the actual cost incurred
by COUNTY in incarcerating CITY prisoners. In establishing the per diem fees it is
not intended that COUNTY receive any profit and further that only actual costs be
used in calculating the adjusted per diem fee directed.
At the start of each year an interim per diem fee will be agreed to based on the
approved direct budgeted Jail cost for that year computed as follows:
Approved direct budgeted jail cost + average actual jail
population for the year ended preceding June 30 + 365
rounded to the nearest whole dollar.
(c.)
Dudng the month of March representatives of CITY and COUNTY will meet to
agree on the adjusted per diem fee. That fee will be based on the actual cost from
the previous years jail operations. Adjustments to the previous years Jail bills will
be made at that time.
10: MONTHLY BILLINGS
COUNTY shall bill CITY on a monthly basis, and CITY shall remit such
payment within thirty (30) days of receipt.
11: LIMITATION OF ASSIGNMENT
Neither party may assign its rights or obligations under this Agreement without
the written consent of the other party.
12: HOLD HARMLESS
The CITY agrees to defend, indemnify and hold harmless the COUNTY, its
appointed and elected officials, employees and agents from and against all
liability, loss, cost, damage and expense including costs and attorneys fees in
defense thereof because of actions, claims or lawsuits alleging damages
sustained by any person or property including death at any time resulting
therefrom, arising from or alleged to have arisen from:
(a)
CITY's performance under this Agreement or any wrongful or negligent acts or omission of
the CITY, its appointed and elected officials, employees and agents;
(b) Wrongful detention of CITY's detainees as a result of the CITY's actions;
(c) CITY's failure or refusal to timely release the CITY's detainees.
The COUNTY agrees to defend, indemnify and hold harmless the CITY, its
appointed and elected officials, employees and agents from and against all
liability, loss, cost, damage and expense including costs and attorneys fees in
defense thereof because of actions, claims or lawsuits alleging damages
sustained by any person or property including death at any time resulting
therefrom, arising from or alleged to have arisen from:
(a)
COUNTY's performance under this Agreement or any wrongful or negligent acts or
omission of the COUNTY, its appointed and elected officials, employees and agents;
(b) Wrongful detention of CITY's detainees as a result of the COUNTY's actions;
(c) COUNTY's failure or refusal to timely release the CITY's detainees.
Section 13: INSURANCE
The COUNTY shall obtain and maintain during the term of this Agreement
Public Liability Insurance naming CITY as an additional named insured with
limits in liability not less than One Million Dollars ($1,000,000.00) for personal
injury, One Million Dollars ($1,000,000.00) for each occurrence and Five
Hundred Thousand Dollars ($500,000.00) for property damage for each
occurrence. Said insurance shall not be reduced or canceled without thirty
(30) days notice to the CITY. Should the insurance lapse for any reason,
notice shall be immediately provided by COUNTY to CITY. The COUNTY shall
provide a certificate of insurance upon execution of this Agreement.
Section 14: TERM OF CONTRACT
The term of this Agreement is for five (5) years commencing January 1,1997
and ending on December 31,2001, unless sooner terminated by the parties
as set forth in Section 16.
Section 15: TERMINATION
This Agreement may be terminated by either party upon ninety (90) days
wdtten notice to the other party.
DATED this day of ,1997.
CITY OFBREMERTON
LYNN S. HORTON, MAYOR
DEPARTMENTALAPPROVAL:
PAUL DuFRESNE',ChiefofPolice
APPROVED AS TO FORM:
lAN R. SIEVERS, City Attorney
DATED this
day of
,1997.
PAT L, JONES, SHERIFF
DATEDthis
day of
,1997.
BOARD OF COUNTY COMMISSIONERS
Kitsap County, Washington
PHIL BEST, Chair
CHARLOTTE GARRIDO, Commissioner
CHRIS ENDRESEN, Commissioner
ATTEST:
Holly Anderson, Clerk of the Board
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: ARCHAEOLOGICAL
MONITORING FOR CALLOW AVENUE
CSO PROJECT - PROFESSIONAL
SERVICES AGREEMENT
2. N : (Comment on back
D~..~& Utilities
City Treragurer
l>ffi~c~si~Sup~/or ~ , ~/1
C~il Operations Committee
FOR AGENDA OF: April 2, 1997
ORIGINATING DEPT: Public Works & Utils
ORIGINATOR: R. Witt, City Eng.
DATE SUBMITTED: March 18, 1997
3. EXHIBITS:
1. Professional Services Agreement
ENDORSEMENT/~}~5 INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR
SUBMITTAL:
. /
MAYOR ~ COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Qualifications of five consultants from the list of qualified archaeologists provided by the Washington Office of
Archaeology and Historic Preservation were reviewed and evaluated for this project. Northwest Archaeological
Associates, Inc. was identified as the best qualified to provide archaeological services required by the Corps of
Engineers permit for the Callow Avenue Basin Priority 1, Phase 2 Storm Drainage Separation project.
(Continued on back.)
5. RECOMMENDATION:
The City Council approve a professional services agreement for archaeological services with Northwest
Archaeological Associates, Inc. in the amount of $25,880 and authorize the Mayor to execute the same.
e
RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [] TABLED [] APPROVED [] DISAPPROVED [] AMENDED []
COUNCIL DIRECTIVE:
(OVER) 11. AGENDA BILL NO.: q~- ~) ~7
2. CLEARANCE COMMENTS:
3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
The permit requires the City to comply with Section 106 of the National Historic Preservation Act, Native
American Graves Protection and Repatriation Act, and State law. The scope of work includes daily monitoring
during construction and preparing a data recovery plan should a discovery be made. Consultant's fees for this
work are $25,880. The action before the City Council is approval of an agreement for professional services
with Northwest Archaeological Associates, Inc.
5. IMPACT ON NON-PASSAGE:
Archaeological services during construction would not be available and the City would be in violation of the
Corps of Engineers permit.
6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENT AND OTHER RESOURCES:
Staffing: No Impact.
Budget:
These costs are included in the 1997 budget for the project and sufficient funds exist to do
this work. An expenditure from the Wastewater Capital Fund of $25,880 is necessary.
Facilities/Equipment: No impact.
7. RESEARCH SOURCES:
/&
PROFESSIONAL SERVICES AGREEMENT
Callow Avenue CSO Project - Archaeological Services
THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter
referred to as "City") and Northwest Archaeological Services, (hereinafter referred to as "Consultant").
WITNESSETH:
1. SCOPE: Consultant agrees to provide archaeological services during construction of
the Callow Avenue Basin CSO Priority 1, Phase 2 Storm Drainage Separation, as further described in the
Scope of Work, attached hereto and incorporated herein by this reference as Exhibit "A".
2. TERM: Contract shall commence on the date of this agreement and will terminate on
December 31, 1998, unless otherwise extended by the City..
3. COMPENSATION: City shall pay Consultant compensation as follows::
Total fees under this Agreement shall not exceed Twenty Five Thousand Eight Hundred Eighty
($25,880). Charges for services shall conform to the fee schedule attached hereto and incorporated
herein as Exhibit "B"
Consultant shall submit a monthly statement describing the services rendered with a breakdown
for work completed as authorized under this Agreement. The City upon receipt of the completed
statement, shall promptly process said claim for payment.
If the description of services on the Proposal designates additional services which may be
requested by the City, said additional services will be paid for by the City, said additional services will
be paid for by the City at the rate set forth in the Proposal, which sum may exceed the "not to exceed"
amount set forth above; however, said services will only be performed and compensated by the City after
the City has directed such performance in writing.
4. RELATIONSHIP OF PARTIES: The parties understand and agree that Consultant is
a firm skilled in matters pertaining to Archaeology and will perform independent functions and
responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as
independent contractors and not employees of the City. As such they have no authority to bind the City
nor control employees of the City, contractors, or other entities. Within the performance of these duties,
Consultant shall work under the direction of the Director of Public Works and Utilities.
5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial
insurance coverage for its personnel as required by State law.
6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business
License and any regulatory license required to fulfill its obligations under this Agreement. B&O taxes
shall be paid when due and Consultant, by this Agreement, assigns any payments due under this
Agreement to the City Clerk for payment of such taxes which have been declared delinquent.
7. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the
work covered by this Agreement, Consultant shall provide the Risk Manager for the City of Bremerton
with evidence that it has obtained and maintains in full force and effect during the term of this
Agreement comprehensive general liability insurance of at least $1,000,000.00 per occurrence. The City
PROFESSIONAL SERVICES AGREEMENT
-1-
Shall be named as additional it{Sure& The Risk Manager shall be provid~'d thirty (30) days' written
notice of any cancellation of said insurance.
Consultant 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 the performance of this Agreement, whether
such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors,
agents, volunteers, successors, or assigns. This provision shall be inapplicable if City is judicially found
solely negligent for such damage or injury.
8. GENERAL CONDITIONS:
a. Reports and Information - Consultant, at such times and in such forms as the City may
require, shall furnish the City such reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters covered by this Agreement.
Consultant will maintain accounting records in accordance with generally accepted accounting 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 n}>t been fully
set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of
this Agreement Exhibits "A" & "B".
c. Amendments - The parties hereby further agree that this Agreement cannot be amended
or modified without the written concurrence of both parties.
d. Notices - Any notices required to be given bY the City to Consultant or by Consultant to
the City shall be in writing and delivered to the parties at the following addresses:
City Clerk
239 Fourth St.
Bremerton, WA 98337
Northwest Archaeological Associates, Inc.
5416 1/2 20th Avenue NW
Seattle, WA 98107
Attn: Christian Miss
e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions
of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such
right or power at any time be taken to be a waiver of any other breach.
f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all
applicable local, state and federal laws in performance of all services under this Agreement.
g. Applicable Law; Venue - This Agreement shall be construed and interpreted in
accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action
brought hereunder shall be in Kitsap County Superior Court.
h. 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.
PROFESSIONAL SERVICES AGREEMENT
-2-
9. NONDISCRIMINATION: Consultant shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital status or
disability, except employment actions based on a bona fide occupational qualification.
10. TERMINATION: This Agreement may be terminated by either party for convenience
upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of written
notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to
reports showing the status of all matters upon which Consultant is advising the City as of the effective
date of termination.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year
indicated.
Date: ~/w(O.a_ ,~_~_. 27-1 /~t97
NORTHWEST ARCHAEOLOGICAL
ASSOCIATES, INC.
BY: ~' "
CHRISTIAN MISS, Principal
CITY OF BREMERTON
DATE:
BY:
LYNN HORTON, M~yor
DE~T~ ~ROVAL~"
W. EUGEI' SAMPLer of Public
AP, e OVE yoP :
IAN R. S~ rERS, City Attorney
Works/Utilities
RECEIVED FOR FILING:
KATHLEEN L. MCCLUSKEY, Clerk
FORMS\SERVAGR\BK
PROFESSIONAL SERVICES AGREEMENT
-3-
/?
Exhibit ^ Professional Services Agreement
Scope of Work- Archaeological Monitoring Services - Callow Avenue CSO, Pr. 1, Ph. 2
Project Description
The City of Bremerton (City) intends to construct a large-diameter storm drain pipeline in
portions of Farragut Street, Cambrian Avenue and State Highway SR-304, as part of~, larger
project to construct separate underground sanitary sewer and storm drain facilities. The project is
further described, and the project area shown in Exhibit B, att,,ched herewith.
A portion of the storm drain will be constructed through fill that overlies the former shoreline of
Sinclair Inlet, in an area defined by the Washington Office of Archaeology and Historic
Preservation (OAI-IP) as potentially sensitive and having a high probability of' prehistoric native
occupation. The area to be monitored, hereinafter called the Monitoring Area, is shown in
Attachment D ofExl',ibit B.
Pursuant to requirements of a Corps of Engineers permit issued for the project, the City must
comply with Section 106 of the National Historic Preservation Act (NI-IPA), the Native American
Graves Protection and Repatriation Act (NAGPRA) and State law. The OAI-tP has
recommended a monitoring plan only for this area, as described in Attachment D of Exhibit B.
The recommended monitoring plan must be implemented by a firm or persons meeting the
qualifications set forth in Attachment E of Exhibit B.
Construction in the Monitoring Area will be accomplished using traditional cut-and-cover
methods, mad will require approximazely 40 working days to complete, barring delays for
inclement weather or treatment of unforeseen archaeological discoveries. Work is scheduled to
begin in mid-January, 1997. Work under this Contract will be performed on a construction site in
City fight-of-way and may involve exposure to inclement weather and traffic ha:,nrds.
Requirements
The City wishes to subdivide the work into the following Tasks:
1. Implement Monitoring Plan
2. Design and Implement Data Recovery Plans
As described below, each Task comprises a number of Subtasks and, if applicable, deliverable
Work Product. The Proposal shall assign a separate fee to each Subtask, including the deliverable
Work Product, if any.
E.xhibJt A., Archaeok:)gical Monm3nng sef~ces
Professional Sennces Agree~nent · Page 2
Task 1 - Implement Monitoring PI~
General: Provide all personnel and equipment required to implement an archaeological field
monitoring plan as described in Exhibit B. Provide additional detail to City as needed to fully
implement the plan in accordance with requirements of State and Federal laws. Attend
meetings and prepare logs and reports as described below.
A. Meetings: Attend a kickoff meeting with City stuff. Attend a pre-construction meeting
and present any cautions regarding legal requirements for handling of discoveries by
contractor and City personnel. Attend weekly site meetings while construction in the
monitored area is in progress, if required by City's Project Engineer.
B. Personnel: Provide a qualified Principal Investigator assigned to the project, who will
serve as the monitoring project manager and prepare reports as required. Provide at least one
qualified, full time Monitor for each work site in the Monitoring Area; there may be more than
one excavation site in progress at a time. Monitor(s) shall be present whenever the City's
contractor is excavating within the Monitoring Area.
C. Equipment: Provide all equipment, of any kind, required for implementation of the field
monitoring plan including, but not limited to personal safety equipment for field monitors and
investigators.
D. Daily Activity Logs: Maintain a daily monitoring log cosigned-signed by the Monitor(s)
and Principal Investigator that details each day's activities. Submit a copy of each day's log
to City's Project Engineer not later than close ofbusiness the following work day.
E. Reports: Prepare a report of monitoring activities and discoveries, if any, when all
excavation within the Monitoring Area is complete and submit six (6) bound copies for City's
review. The report format and included info.,-rr,~tion sh~ll be prepared according to current
professional standards and shall be suitable for submission to the OAHP.
Task 2 - Design and Implement Data Recovery_ Plans
General: If a discovery is made, assist the City in consultations with agencies and local Native
American Tribes when requested by City's Project Engineer. Design and implement a data
recovery plan for each site or group of sites that may be discovered during excavation in the
Monitoring Area, if so directed by City's Project Engineer. Work under this Task shall not be
commenced until specific direction to do so is received from the City.
When data recovery is complete, prepare reports as required by City or the OAHP, and submit
six (6) bound copies to City for review. The report format and all included information shall
be prepared according to current professional standards and be suitable for submission to
OAHP or other authorities having jurisdiction.
Cost Proposal: Archaelogical Monitoring Services.
PERSONNEL RATE TASK 1 TASK 2 TOTAL
MEETINGS MONITOR DAILY LOGS REPORTS DESIGr,I DATA CONSULTATION
RECOVERY PLAN
S/hr hfs Amount hfs Amount hrs Amount hfs Amount hrs Amount hfs Amount
Pnncipal Invest $49 50 8 $396 00 8 S396 00 8 539d 0O 8 5396 00 40 Sl,980 00 24 $1.188 00 $4.752.00
Senior Archaeol $33 00 8 $264 00 160 S5.280 00 20 5660 00 32 S1.056 00 8 $264 00 16 $528 00 $8.052 00
Field Arch 521 45 320 S6.864 00 40 S858 00 $0 00 $7.722 00
Clerical $18 15 I 8 S145 20 8 S145 20 $29040
Subtotal $660 00 $12,540 00 S2.059 20 $1.597 20 $2.244 00 $1.716 00 $20.81640
+Fee ( 15%) $75900 ' S14.421 00 52.368 08 $1.836.78 $2.580 60 $1.973 40 $23.938.86
DIRECT COSTS I
M~teage $030/mi 25 $25 30 1500 I S45000 $475 30
I
Photo $20 00boll $000 15 S300 00 $300.00
Feuy $15 30/ri 1 $15 30 60 5918 00 $933 30
Copies $0 10/copy 25 $2 50 500 S50 00 200 S20 00 .7_00 $2000 200 $20 00 200 $20 00 $132 50
Supplies I $100 00 $100 00
I
Subtotal $4310 518t8 00 $20 rjo $20 00 $20 00 $20 00 $1.941 10
TOTAL $802 10 S16 239 00 S2,3~8 08 $1856 78 $2.600 60 $1,993 40 $25,879 96
November 13 1996
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: INTERLOCAL AGREEMENT
WITH THE PORT OF BREMERTON
FOR RESERVOIR REHABILITATION
2. CLEARANCES: (Comment on back
blic~s & Utilities
City A.~9_~orney
City Treasurer / ..../ ~ ~ .
~1 ~Sperations Committee
FOR AGENDA OF: April 2, 1997
ORIGINATING DEPT: Public Works & Utils
ORIGINATOR: R. Witt, City Eng. ~. ~- ~ ,~I ~'W-
DATE SUBMITTED: March 18, 1997
3. EXHIBITS:
1. Interlocal Agreement
ENDORSEMENT~INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
MAYOR 7~/~._ COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION'
The Port of Bremerton contacted the City and requested that the Port's reservoir at Olympic View Industrial Park be
included in the City's "1997 Reservoir Rehabilitation" project. The City's Reservoir 10, located adjacent to the Port's
reservoir, will be included in the project. The Port will be responsible for the actual construction costs for the Port's
reservoir and a portion of the design, inspection and administrative costs for the project. The Port Commission
approved the Interlocal Agreement on March 11, 1997. The action before the City Council is approval of an
Interlocal Agreement with the Port of Bremerton for reservoir rehabilitation.
5. RECOMMENDATION:
The City Council approve a Interlocal Agreement with the Port of Bremerton for reservoir rehabilitation and authorize
the Mayor to execute the same.
PULLED [] TABLED [1
COUNCIL DIRECTIVE:
10.
APPROVED [1
RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
NOTICE OF ACTION
DISAPPROVED [] AMENDED []
(OVER)
1I. AGENDA BILL NO.:
D
qV- c/
2. CLEARANCE COMMENTS:
3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
5. IMPACT ON NON-PASSAGE:
The Port of Bremerton's reservoir will not be included in the City's "1997 Reservoir Rehabilitation" project.
IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT AND OTHER RESOURCES:
Staffing: None
Budget:
Cost sharing with the Port will save $1,000 to $3,000 of Water Capital Funds.
Facilities/Equipment: No impact.
7. RESEARCH SOURCES:
I~TrERLOCAL AGREEMENT
Port of Bremerton Reservoir Rehabilitation
WHEREAS, The City of Bremerton (CITY) desires to rehabilitate
the exterior of Reservoir 10 adjacent to the Port of Bremerton
Reservoir; and
WHEREAS, The Board of Commissioners of the Port of Bremerton
(PORT) desires to rehabilitate the exterior of Reservoir 10
adjacent to the Port of Bremerton Reservoir; and
WHEREAS, The CITY and the PORT desire to work cooperatively to
properly maintain these reservoirs and reduce cost to customers;
THEREFORE, The CITY and the PORT agree to the following:
1. No separate administrative entity is created by the terms of
this agreement.
2. The CITY shall include the Port of Bremerton's Reservoir in the
CITY'S "1997 Reservoir Rehabilitation" public works contract and
shall be responsible for the design, inspection and administration
of the project.
3. The PORT shall review and provide written approval of the
construction documents prior to bidding. The PORT shall review and
provide written approval of change orders related to the Port of
Bremerton Reservoir.
4. The PORT shall review and provide written acceptance of the
recommended bid prior to award by Bremerton City Council.
5. The PORT shall review and provide written final acceptance of
the project.
6. The PORT shall reimburse the CITY for the actual construction
cost for the Port of Bremerton Reservoir rehabilitation; and a
proportional share based on the proportion of the Port of Bremerton
Reservoir construction cost to the total project construction costs
of the actual design, inspection and administrative costs for the
CITY'S "1997 Reservoir Rehabilitation" project not to exceed
$37,000.00.
7. The PORT agrees to reimburse the CITY these costs within 30 day
of notification by the CITY.
8. This agreement will take effect immediately upon execution of
both parties and shall continue until December 31, 1997 unless
amended or rescinded by mutual agreement of the CITY and the PORT.
City of Bremerton/Port Of Bremer~on In=erlocal Agreement
Page I
9. Nothing in this agreement shall be construed to: abrogate or
limit the sovereign immunity of either party; grant or relinquish
any interest in lands, water, or other real or personal property;
alter the jurisdiction and authority of any court or agency not a
party to this agreement, or of either of the parties except as
explicitly set forth in the agreement; impose or alter the
liability of any person for personal injury or property damage
arising from, or contracts related to the project approved or
reviewed pursuant to or otherwise subject to this agreement or
responsibility imposed by law.
10. Any and all notices under the terms of this agreement shall be
given to the parties at the following addresses:
PORT OF BREMERTON
8850 SW State Highway
Port Orchard, WA 98367
Dated this /t/~
day of
CITY OF BREMERTON
239 4th Street
Bremerton, WA 98337
./~ D~?.~ , 1997.
PORT ~. BREMERTON
Pre/~ ~~
Le~nt 'and Commando'nar
S'ec£e~y and C6~ission~/
C°~iv°ner
CITY OF BREMERTON
LYNN S. HORTON, Mayor
DE P~ROV~AL:
W. EUGENE SA~
Director of Public
Utiliti
IAN R.~-S-~EVERS, City Attorney
Works &
Received for filing:
Kathleen, McCluekey, City Clerk
City of Bremerton/Port of Bremerton Interlocal Agreement
Page 2
AGENDA BILL
BREMERTON CITY COUNCIL
1. ~ INCREASE ADMINISTRATIVE
CHANGE ORDER AUTHORITY FOR
CALLOW AVENUE BASIN PRIORITY 1, PHASE 2
STORM DRAINAGE SEPARATION
2. CLEARAJqL:>BS: (Comment on back
FOR AGENDA OF: April 2, 1997
ORIGINATING DEPT: Public Works & Utils
ORIGINATOR: R. Witt, City Eng.~12. G~ e,o,~ ~, n-
DATE SUBMITTED: March 18, 1997
1. Section 2.76.500 BMC, Amendments and Change Orders
D~Works & Utilities
City..~.~mcy ....
City Treasurer.,z~~~ ,.--- /
Purch.a~ing ~.t~pervisort'~/-,/ ..,./ ,. ~..,'
C~ O~-4rations~ommittee
ENDORSEMENTS[ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: .3. /~_ COUNCIL PRESIDENT
4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION:
Chapter 2.76 of the Bremerton Municipal Code sets forth purchasing and change order procedures on City contracts.
The administrative change order authority of the Mayor is "20% of the contract price or $30,000, whichever is less"
BMC 2.76.500 (a) (4). The contract amount of the recently approved construction contract for Callow Avenue Basin
Priority 1, Phase 2 Storm Drainage Project is $4,814,505. The $30,000 limit of administrative change order authority
is inadequate to assure timely responses to the Contractor's and City's needs which arise during construction.
(Continued on back.)
5. RECOMMENDATION:
The City Council move to approve increasing the administrative change order authority of the Mayor o~he Callow
Avenue Basin Priority 1, Phase 2 Storm Drainage Separation Project to $200,000.
RESPONSIBLE OFFICIAL: Director Pub Wks & Util
ENFORCEMENT OFFICIAL: Director Pub Wks & Util
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION
PULLED [1 TABLED [1 APPROVED Il DISAPPROVED [] AMENDED [1
COUNCIL DIRECTIVE:
(OVER)
11. AGENDA BILL NO.:
2. CLEARANCE COMMENTS:
3. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation
To address situations such as this, BMC 2.76.500 (b) (2) allows the City Council to adjust the administrative change
order authority of the Mayor. Staff requests that the Mayor's change order authority for this project be increased to
$200,000, which is approximately 4% of the contract amount. The construction contingency amount for this project
included in the budget is $300,000. The City Council will be kept informed of the project stares, including change
orders, as part of the monthly project reports. The action before the City Council is approval of increasing the Mayor's
change order authority to $200,000 for the Callow Avenue Basin Priority 1, Phase 2 Storm Drainage Separation
Project.
5. IMPACT ON NON-PASSAGE:
Change orders in aggregate of $30,000 will require City Council approval which could result in project delays and
increased costs.
6. IMPACT ON STAFFING. BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES:
Staffing: None.
Budget: None.
Facilities/Equipment: No impact.
7. RESEARCH SOURCES:
and letter of understanding. Professional and
Purchased Service Agreements in excess of
$5.000.00, but less than $10,000.00, require a
formal contract and approval by the Mayor.
Professional and Purchased Service Agreements
in excess of $10,000.00 require Council
approval.
(b) Architectural and Engineering
Services.
(1) Pursuant to RCW
39.80.030, the Ci.ty shall publish its requirements
for architectural and engineering services on each
occasion when sen'ices are required or annually.
(Ord. 4492 ~I (in part), 1994).
(Ord. 4562, Amended, 8/15/96)
2.76.400 PUBLIC WORKS
CONTRACTS.
(a) Public Works is defined as all work,
construction, alteration, repair or improvements
other than ordinary maintenance of Ci.ty owned
structures, infrastructure and properties executed
at the cost of the CID'. The cost of a public work
shall include all amounts paid for materials,
supplies, equipment and labor on the project. The
CiD' may not divide a public works project into
phases in order to avoid compliance with bidding
requirements.
(1) Small Works Roster. In lieu
of advertised formal bids, Small Works Roster
Public Works projects ~ith an estimated cost of
greater than Ten Thousand Dollars ($10,000.00),
but less than One Hundred Thousand Dollars
($ I00,000.00), shall be awarded by City. Council.
i. As needed or annually, the
CiD' shall advertise in a newspaper of general
circulation its projected needs for Small Works
Projects Contractors.
ii. Small Works Roster shall
consist of all licensed contractors who have
requested and are qualified to be on the roster.
Proposals shall be solicited from at least five (5)
contractors, if available, on the list and then at
least one (1) of the in,,itees shall, if available, be a
qualified and certified minoriD' or woman owned
contractor. Contracts resulting from proposals
submined greater than $10,000.00 shall be
av,-arded by CiD' Council.
(2) Work By Force Account. In
lieu of formal bids, Work by Force Account may
be used to perform Public Works. Work by Force
is the use of City. employees and Cit2,.' owned
and/or purchased materials to perform a Public
Works Project. wherein the total cost of the
project, including labor and materials, is less than
S20,000.00 if a single craft is involved or
535,000.00 if multiple crafts are used.
i. If a single project has an
estimated cost, including labor and materials in
excess of $15,000.00, the City shall, at least
Fifteen (15) days before beginning work, publish
notice describing the work and estimated cost.
ii. Work Force Account projects
when aggregated, shall not exceed ten percent
(10%) of the total dollar amount of the public
works construction budget period.
iii. The City shall maintain and
preserve a full true and accurate account and
record of all costs of executing the work as
prescribed by budgeting, accounting and
reporting laws.
iv.A true cop.',' of the account of
record shall be filed by the Engineer in the office
where the original plans and specifications are
filed within sixty (60) days after the completion
of the work.
(Ord. 4492 51 (in pan), 1994).
2.76.500 AaMENDMENTS AND
CHANGE ORDERS.
(a) Amendments or change orders to
contracts requiring Ci.ty Council approval under
this ci'mpter may be administratively approved by
the Mayor if the changes are:
(l)Within the scope of the
project;
process, if any;
(2)Consistent ~vith an initial bid
(3)Executed in writing: and
(4)An increase of 20% of the
(1)On service contracts used to
accomplish an ongoing City program as opposed
to completing a short term project or purchase,
2-4[
change order rules, including the aggregate rule,
shall be applied on an annual basis.
(2)Where the size of the
contract and the exhausting of change order
authori~' make further change order
authorization impractical, the Ci.ty Council may,
upon recommendation of the Mayor, extend the
aggregate limits of subsection (4) ['or specific
contracts.
(Ord. 4492 §1 (in part), 1994).
2.76.600 EXCEPTIONS TO
REQUIREMENTS OF
CHAPTER.
(a) The Ci.ty is not required to seek '
competitive bids when:
(1) The City. contracts for
professional or puchased services; Provided,
however, That in contracting for architectural or
en~neenng ser~'ices, the City. must comply with
RCW Chapter 39.80.
(2) The City. contracts xv/th
other political sub-divisions.
(3) The Ci~' contracts for
materials, goods and equipment in order to
effectively respond to emergencies affecting
public health and safety.
(4) The CiD' contracts for
materials, goods or sen'ices and equipment with a
person, firm or vendor who constitutes a sole or
single source.
(5) The Ci~' uses a Small
Works Roster for public works projects as
provided for in RCW 35.22.620.
(6) In certain circumstances, it
may be in the best interest oft_he CiD' to waive bid
call when goods can be obtained at a lower price
than current state contract price.
(7) Acquisition of electromc
data processing and telecommunications ~'stems,
hardware and so,rare or related ser~'ices is
conducted th.rough competitive negotiations.
('b) In the event of a natural disaster or
other catastrophic event which results in the
absence or incapacitation of a quorum of the Ci.ty
Council necessary to conduct Ci~' business, the
Mayor shall have the authority to issue an interim
emergent' proclamation and to approve
expenditure of appropriated funds necessary to
respond to the emergencs'. (Ord. 4492 §1 (in
part), 1994).
(Ord. 4562, Amended, 8/15/96)
2-42
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: ORDINANCE
To re-adopt the Bremerton Zoning Ordinance,
including both the text and maps, to ensure
GMA compliance.
CLEARANC~'~"~ (Us~~.. ct,if :ecessary)
City Atto r~-~--"~~
FOR AGENDA OF:
ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITTED:
April 2, 1997
DCD/Planninq
Ron W. Hough
March 27, 1997
3. EXHIBITS:
Ordinance
Exhibit "A" --- Zoning Ordinance
,," Exhibit "B" --- Zoning Maps
ENDORSEMENT -~4' ~RMATION__ APPROVED BY COUNCIL PRESIDEN~T, F~,~R-.6UBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
In 1995, Bremerton adopted its GMA Comprehensive Plan and determined that the existing zoning
regulations remained consistent with the new Plan and, therefore, a new Zoning Ordinance was not
necessary. Instead, our existing Zoning regulations were revised periodically to keep them current.
Since we weren't adopting new regulations, we weren't required to submit anything to the State for
review and approval. Unfortunately, our name was included on a Dept. of CTED check-off list for new
regulations but couldn't be checked off. This caused major confusion within agencies who needed to
confirm our GMA compliance status for funding purposes. To clarify our status, the Dept. of CTED
recommended that we re-adopt our Zoning Ordinance, which we are now doing --- ASAP.
8. RECOMMENDATION:
Council approval of the attached Emergency Ordinance on first reading.
Council passage of the Emergency Ordinance on second reading.
9. RESPONSIBLE OFFICIAL:
ENFORCEMENT OFFICIAL:
EXPIRATION DATE:
REVIEW DATE:
Donald L. Pratt
Judy Johnson
10. NOTICE OF ACTION:
PULLED TABLED
COUNCIL DIRECTIVE:
APPROVED
DISAPPROVED
DATE:
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
We feel that our Zoning Ordinance is consistent with our Plan and meets all State requirements.
However, the GMA was written with the assumption that new regulations would be needed to
implement the new plans, but didn't provide for the continuation of older existing ordinances that would
remain effective and in compliance. Since there is no State review process for zoning ordinances that
were developed and adopted prior to GMA (1990), the State can't determine whether or not we are in
compliance with GMA and consistent with our own Comprehensive Plan.
CTED has suggested that we re-adopt our zoning ordinance as a way of clarifying our compliance
status. Although we're not required to do that, this "self-certification" will help even/one acknowledge
that we really do have our development regulations in place and we do comply with GMA.
Non-passage will not result in penalties but will continue the confusion and could result in financial
hardships for the City if funding agencies are unable to determine our compliance status.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES:
No anticipated adverse impacts.
7. RESEARCH SOURCES:
EMERGENCY ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE CITY OF BREMERTON
RE-ADOPTING BREMERTON MUNICIPAL CODE CHAPTER 21.02, ZONING CODE,
TO DEMONSTRATE COMPLIANCE WITH THE GROWTH MANAGEMENT ACT
AND RCW 36.70A AND CONSISTENCY WITH THE CITY'S COMPREHENSIVE
PLAN; REPEALING ORDINANCES NO. 4172 AND NO. 4555;
AND DECLARING AN EMERGENCY.
WHEREAS, Bremerton is required by the Growth Management Act (GMA) to
adopt a comprehensive plan and development regulations that are consistent with and
implement that Plan, in accordance with RCW 36.70A, et seq.; and
WHEREAS, Bremerton adopted its revised Comprehensive Plan in April, 1995,
and re-adopted the Plan by Ordinance No. 4545 in February, 1996, to comply with an
Order of the Central Puget Sound Growth Management Hearings Board following an
appeal; and
WHEREAS, the Bremerton Zoning Ordinance, adopted in November, 1988, by
Ordinance No. 4172, was determined to be substantially consistent with the revised
Comprehensive Plan, was not re-adopted in its entirety, but has been amended to
correct minor inconsistencies, to adjust to Plan Amendments, and to incorporate the
requirements of ESHB 1724; and
WHEREAS, the City of Bremerton has reviewed its Zoning Ordinance and
determined that it complies with the requirements of GMA and RCW 36.70A, and is
consistent with the City's Comprehensive Plan; NOW, THEREFORE,
THE CITY OF BREMERTON DOES HEREBY ORDAIN
Section 1. The Bremerton Zoning Ordinance, consisting of Chapter 21.02 of
the Bremerton Municipal Code, as attached hereto as Exhibit "A", is hereby adopted
pursuant to RCW Chapter 36.70A.
Section 2. The Official Zoning Map of the City of Bremerton, consisting of an
eleven-page zoning atlas attached hereto as Exhibit "B", is hereby adopted pursuant to
RCW Chapter 36.70A.
Section 3. Ordinance No. 4172 (adopting the Zoning Ordinance in 1988) and
all amendments thereto, except Ordinances No. 3136, 3421, 3429, 3451, 3543, 3546,
3552, 3636, 4067, 4168, 4308 and 4354, is hereby repealed.
Section 4. Ordinance No. 4555 (adopting an amended citywide Zoning Map in
1996), and all amendments thereto, is hereby repealed.
Section ,5. This Emergency Ordinance is necessary to preserve the public
peace, health, and safety; to achieve interjurisdictional acknowledgement that the
City's development regulations are in compliance with State law and consistent with the
Bremerton Comprehensive Plan; and to ensure that the City can continue to plan, zone,
permit, and secure the funds it needs to implement its plans without doubt or
uncertainty regarding its GMA compliance status.
Section 6. This Emergency Ordinance shall become effective upon passage by
the Bremerton City Council.
APPROVED by the City Council on the first reading this
day of ,1997.
PASSED by the Bremerton City Council this
,1997.
day of
DAVID FARR, President
Bremerton City Council
APPROVED this
day of
,1997.
ATTEST:
LYNN HORTON, Mayor
KATHLEEN McCLUSKEY, City Clerk
Published:
Effective:
13-C:re--adopt.zo
Exhibit "A"
Title 21
Bremerton Municipal Code
Chapter 21.02
[Text of the Zoning Code, with Appendix]
Exhibit "B"
City of Bremerton
D~J~Ap
--- Zoning Atlas ---
[11-page Zoning Atlas]
AGENDA BILL
BREMERTON CITY COUNCIL
SUI~: PUBLIC HEARING
SURPLUS/SALE OF PROPERTIES
WASTEWATER TREATMENT PLANT
AROUND
FOR AGENDA OF:
THE ORIGINATING DEPT:
ORIGINATOR:
DATE SUBMITrED:
4~2-1997 ~.
Public Works & Utilities ~f/~'~
P.K Lucas, Admin Analyst.~~
February 11, 1997 ~ '//
2. CLEARANCES: (Comment on ba~/~
Director PW&U , ~
-__,..~,~5 ~/,,,~'~'. -
City Attorney
City Clerk
City Treasurer
Purchasing Manager
Operations Committee
Fiscal & Budget Comm.
ENDORSEMENT
MAYOR
3. ~ITS:
· (1) Map Showing Area Involved
· (2) Listing of Lots Affected
INFORMATION __ APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Commencing in February of 1994, the City initiated odor mitigation efforts including purchase of properties
around the WWTP. Currently, the City owns several properties west of Oyster Bay Avenue and the Treatment Plant.
These properties are determined to be surplus to the City's needs. City Council action is requested to authorize
surplusing and sale of those properties in the general area shown in Exhibit (t) and specifically identified in Exhibit (2).
BMC Chapter 2, Section 78 dictates policy and steps to be taken to sell property owned by the City,
Each property surplused will be subject to annexation into the City of Bremerton and
closing documents will include an odor easement which will remain with the property.
8. RECOMMENDATION:
That the City Council authorize surplus and sale of those properties identified in Exhibit (1) and .(2) find -
include an odor easement which ~ill remain with each parcel through perpetuity; and that
the sales be made through a real estate broker pursuant to BMC 2.78.030; and that each
parcel be subject to annexation 9. RESPONSIBLE OFFICIAL: City Clerk
into the City. ENFORCEMENT OFFICIAL: Purchasing Manager/Adrrdn Analyst
EXPIRATION DATE: N/A
REVIEW DATE: N/A
PUI.I.ED TABLED
COUNCIL DIRECTIVE: DATE:
10. NOTICE OF ACTION
APPROVED DISAPPROVED
11. AGENDA BH,I, NO:
q7-
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The City will retain ownership of properties surplus to the City's needs.
6. IMPACT ON STAFFING~ BUDGETS~ FA~!TIES, EQUIPMENT OR OTHER RESOURCES:
Revenues for the sale of these properties are included in the 1997 Wastewater Budget.
7. RESEARCH SOURCES:
BMC Chapter 2, Section 78
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12:17
NOTICE OF PUBLIC HEARING
ON PROPERTY SALE
The City of Bremerton will hold a Public Hearing at 6:00PM,
Wednesday, April 2, 1997, in the City Council Chambers; 239
Fourth Street, Bremerton, WA 98337 to consider surplusing real
estate located around the Wastewater Treatment Plant. Legal
descriptions of the parcels and a map illustrating the area are
available at the Public Works & Utilities Administration
Building, 3027 Olympus Drive.
Conditions of sate will be agreement to annexation into the
City of Bremerton and an odor easement written into the
property's legal description.
The City CounciI will be asked to approve surpIusing this
property and to approve real estate agents from the local area
to apply on a first-come-first-served basis for the assignment of
parcels in groups of five parcels each. If approved by the
Council, a solicitation for agents will be posted and advertised
following the hearing.
SPECIFIC PARCELS TO BE SURPLUSED
ADDRESS
TAX ID NUMBER
1997 ASSESSED
VALUE
OUTSIDE ~ LIMITS - REQUIRING ANNEXATION
--911 Gysicr Bay Ace,iuc-
1207 Oyster Bay Avenue
1213 Oyster Bay Avenue
1223 Oyster Bay Avenue
Lot N/Adj 1315 Oyster Bay Ave
1315 Oyster Bay Avenue
1613 Oyster Bay Avenue
1619 Oyster Bay Avenue
4 Lots W/Adj to WWTP
Lot AdjiNE 1618 Cottman Ave
4429 Barnes Street
1216 Cottman Avenue
1224 Cottman Avenue
1318 Cottman Avenue
Lot Adj/E of 1318 Cottman Ave
1328 Cottman Avenue
1336 Cottman Avenue
1400 Cottman Avenue
1618 Cottman Avenue
Vacant Lots E of Cottman
$71,500.00
$54,110.00
$50,070.0O
$ 6,530.0O
$67,850.00
$95,370.0O
$39,460.00
$32,670.00
$2430O.0O
$55,720.00
$80,650.00
$66,910.0O/$11,350.00
$97,110.00
$ 9,800.00
$51,090.0O
$13,880.0O/13,880.0O
FOI,IJOWING PARCELS ARE ALREADY WITHIN CITY LIMITS BUT ARE ALSO TO BE
SURPLUSED:
1305 Cottman Avenue
1319 Cottman Avenue
1623 Cottman Avenue
1653 Cottman Avenue
4546-009-006-0008
4546-009-0(M4)000
4546-010-006-0105
4546-010-001-0001
$68,110.00
$49,690.00
$70,770.00
$24,5OO.OO
Total Value:
$1,378,290.00
Est. Sale Total: $1,722,863.00
(Based on 25% above assessed value)