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HomeMy WebLinkAbout06/18/97 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA JUNE 18v 1997 CALL TO ORDER - 5:30 P.Mo 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. Minutes - June 4, 1997 #AB97-129 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) e NEW BUSINESS A. Contract For Computer Training Consultant SR304 Transportation Improvement Project (E42043) - Agreement With Washington State Department Of Transportation For Right-of-Way Services RESOLUTIONS A. Resolution #2603, Campbell Way Mid-Block Closure #AB97-132 3~ Bm Resolution #2604, Burwell Street Between Wycoff #AB97-133 Avenue And The Alley Between Wycoff Avenue And Callow Avenue, Establishment Of A One-Way Street* PUBLIC HEARING - 6:00 P.M. OR LATER A. Ordinance (First Reading) Final Assessment Roll For LID No. 329 - Jenner Avenue Improvements B. Surplus Of Properties North Of The Wastewater Treatment Plant #AB97-134 ~ AGENDA BILL -BREMERTON CITY COUNCIL 1. SUBJECT':, MINUTES - JblqE 4, 1997 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: JUNE 18, 1997 City Counc%~ David Farr, ~resident 6=10-97 2. ~~_~: (comment on back if necessary) ENDORSEMENT__ INFORMATION MAYOR APPROVED BY COUNCIL PRESID]SNT FOR SUBMITTAL: 4. SUMlW3d~Y STATEMENT AND REOUIREMENT FOR COI~CIL ACTION: 8. R~COM/ZENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: .EXPIRATION DATE: REVIEW DATE: PUT,?,ED TABLED COUNCIL DIRECTIVE: 10. ~OTIC~ OF ACTION APPROVED .DISAPPROVED ..DATE: AMENDED 11. AGENDA BIT,T, NO: TAPE #1467 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JU1TE 4, 1997 #0061 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, June 4, 1997, at 5:30 P.M., with Council President David Farr presiding. Council members present were Bob Winters, Carlos Montgomery, Richard Neville, Lon Overson, John Law, Cecil McConnell, and A1 Colvin. Council member Sherril Huff-Menees was absent. Also present were City Attorney Ian Sievers and Deputy City Clerk Paula Johnston. The meeting opened with the Pledge of Allegiance led by Council President Farr and Invocation given by Reverend Cleveland Williams of Ebenezer A.M.E. Church. President Fart made the following announcements: (1) Council concluded a Study Session prior to the Council meeting where they discussed the staffing of a Neighborhood Enforcement Action Team. (2) Immediately following the Council meeting, the City Council will hold two Executive Sessions, which are not open to the public, to discuss "potential litigation" and "personnel". (3) City Council Study Session will be held June 11, 1997, 4:45 - 5:20 P.M., in the Council Conference Room. Topic of discussion: "Sinclair Landing Update continued". (4) City Council Study Session will be held June 25, 1997, 4:45 - 5;20 P.M., in the Council Conference room. Topic of discussion: "Sinclair Landing Update Continued". (5) City Council Study Session will be held July 2, 1997, immediately following the City Council meeting in the Council Conference Room. Topic of discussion: "Washington Survey And Rating Bureau Report". President Farr extended condolences to the Jerry Menees family, husband of Sherril Huff-Menees, who passed away earlier this week. CONSENT ~GEND~ A. Minutes of Meeting -- May 21, 1997 #AB97-117 M/S/C/U(Neville/Montgomery) presented. to approve the Consent Agenda as TAPE #1467 City Council Reg. Mtg. Minutes June 4, 1997 Page 2 of 10 #0081 CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as requiredby 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 June 4, 1997, the Council does approve for payment those vouchers included and further described as follows: 209309, 209312 through 209603 in the amount of $448,162.59; and Regular Payroll for the period ending May 31, 1997, in the amount of $858,693.38. COUNCIL MEMBER REPORTS Mr. Winters reported today he attended a Kitsap Lake Monitoring Program meeting. Kitsap County Commissioner Phil Best and members of a citizens Advisory Committee that is being formed were also in attendance at that meeting. During the discussion, he learned there will be a plan of action to maximize funds to be put to use for various lakes in the area and other means of monitoring the water systems. He recognizes there is a weed problem in Kitsap Lake that has been on going for many years without being addressed, resulting in certain health problems and hazards that occasionally close Camp McKean. The City will be invited to attend a future meeting regarding Kitsap County Surface and Stormwater Management. He was pleased to report the completion of a draft Telecommunications Ordinance, which was prepared by the Ad Hoc Telecommunications Advisory Committee, and is ready to be reviewed by the City Attorney. Next week he anticipates scheduling a meeting with the City Attorney and administrative staff to review the draft ordinance. Lastly, on behalf of his family he extended condolences to the Huff-Menees family. Mr. Montqomery referenced a newspaper article in The Sun on this date regarding disposition of the USS Missouri and announced the General Accounting office (GAO) has completed its review of the Navy's process in surplusing the USS Missouri and discovered a major flaw in the process. GAO will give a briefing on their report and their recommendations on June 11, 9:00 AM, in the City Council Chambers (Room 212). Mr. Neville encouraged members of the public to pick up the Parks and Recreation Department's summer program brochure. The summer program contains activities for all ages as well as a list of Concerts in Evergreen Park, which start on June 24th and run through August 5th. Mr. Overson also referred to the newspaper article on the USS Missouri. He found it interesting that it appears, according to TAPE #1467 City Council Reg. Mtg. Minutes June 4, 1997 Page 3 of 10 Congressman Dick's office, that the proCeSs was fatally flawed. In his understanding "fatally flawed" means some kind of new action should be undertaken. Mr. Law expressed his sympathy to the Jerry Menees family. He announced the next District #3 Neighborhood meeting will be held June 24, 1997, 7:00 P.M., at the Senior Center. He noted the date of this meeting has slipped one week from their normal monthly schedule due to a scheduling conflict. Last week he and his wife attended a day-long seminar on diabetes where they learned about improved medications and treatments for diabetes. He encouraged anyone with diabetes to talk with their doctor about the improvements in the treatment of diabetes. Mr. McConnell announced a special District #2 Neighborhood Meeting is scheduled for June 24, 1997, 6:00 - 9:00 P.M., at the Sheridan Parks and Recreation Center (Lounge). The topic of discussion at that meeting will be the acreage at Almira and Riddell Road. Mr. Colvin reported he, along with many others, attended a surprise Retirement Party for Ed Sheldon on June 3. Mr. Sheldon will be missed by this community when he leaves the area. Mr. Colvin pointed out the community has another great asset in Reverend Cleveland Williams, and his efforts to unite the community to become involved in the process of the city of Bremerton. He was somewhat surprised that more citizens have not taken the opportunity to thank Mayor Horton for having the Scotch broom removed from the north end of the Warren Avenue Bridge. He would like to schedule a Study Session with the City Council to discuss the replanting of the area previously covered by the Scotch broom. MAYOR'S REPORT Mayor Lynn Horton encouraged the public to view a mural that was painted by a group of students from the Middle School and installed on the bulkhead east of Lions Field. She also attended Ed Sheldon's retirement event where he was recognized for his involvement in the YMCA fund raising for the new "Y" building, Leadership Kitsap, development of the Economic Development Council and many other community projects. Mayor Horton extended condolences, on behalf of all City employees, to the Jerry Menees family. Mayor Horton read the following Proclamations: (1) JUNE 5-12, 1997, NURSES ASSISTANTS WEEK and JUNE 5, 1997, as CAREER NURSE ASSISTANTS DAY, which was accepted by Mark Maxwell, representing Forest Ridge Health and Rehabilitation Center. TAPE #1467 City Council Reg. Mtg. Minutes June 4, 1997 Page 4 of 10 (2) JUNE 1997, PEST CONTROL MONTH, whiChWas accepted by Mr. Best, representing the Pest Control Industry. PUBLIC RECOHNITION Bob Sauter, Commander VFW Post 3694 and representing the Ladies Auxiliary, presented Certificates of Special Recognition to Gary Simon, Principal of Bremerton Junior High School, for being an outstanding educator; H. Emily Moshay for her involvement with the Head Start Program; and Larry Nelson, Fleet Reserve Association #29 for his involvement with students. Lastly, Mr. Sauter announced Bremerton will receive a letter of recognition from "No Greater Love", a national organization, who became aware that Bremerton was the only city in the State of Washington to light a remembrance candle on May 20, in city Hall, in honor of Memorial Day. Philip Heggen, Bremerton resident, stated on May 28, 1997, he delivered a petition to the City Council about issuing warnings concerning fluoridated water to susceptible groups of people. As of this date, he had not received a response to his earlier request and was hoping Council would make a response at this time. Mr. Heggen shared some data that supported his position opposing fluoridation of City water. President Fart thanked Mr. Heggen for his input and acknowledged the city would process his request in the usual manner. He did point out that the fluoridation of the City's water would not take place for several months. Karen Williams invited everyone to attend the 1st Annual Smooth Jazz VIP Brunch, June 15, 1997, 10:00 A.M., at the Kitsap Pavilion. Ms. Williams also announced she is the newly elected President of the Martin Luther King Jr. Scholarship Fund. Don McDanlel, Corporate Relations Manager for Puget Sound Energy, stated because of the substantial change in management that took place as part of the merging of Puget Power and Washington Natural Gas into Puget Sound Energy, he wanted to update the Council on what is happening under that new organization. His area of responsiblity is the Olympic Peninsula and acting as a Corporate Relations Manager for one of three regions and representing the Executive, who is based in Tacoma. He will also be representing the views and needs of the community as well. As a result of the organizational change, they can get input from customers and respond to their needs faster. He was pleased to report they will be breaking ground on a new facility in the Bremerton area to help provide for better reliability and better services. He pointed out deregulations are on the horizon and it is anyone's guess what the regulations might look like when they are deregulated, but he is hopeful that there will be a level playing ground that allows for competition and true open choices for the citizens and providing J TAPE #1467 city Council Reg. Mtg. Minutes June 4, 1997 Page 5 of 10 for incentives for continued capital reinvestment and maintenance/restoration in that area. New regulations should be starting to be implemented in 1997/1998. He will keep the Council and Bremerton community updated on what is happening on the State and National level as it relates to his organization. Linda Kroum, Executive Director YWCA/A.L.I.V.E. Program, expressed a special "thank you" to Mayor Horton, City Council members, the Domestic Violence Task Force, and the community for supporting the YWCA. Roy McInnis, Bremerton resident, invited everyone to attend a Gospel Music event at the Sinclair Missionary Baptist Church at 7:00 P.M., on June 5, 1997. John Thomas, Bremerton resident, referenced the May 28, 1997, City Council meeting where Kathleen McCluskey, Director of Administrative Services, commented that the cost of the cable franchise negotiating consultant was funded by pass through funds from TCI Cablevision to the City. He was disturbed by that comment, and questioned if the consultant would be beholden to TCI or the City since TCI was the source of funds to pay his contract? Paul Lingblad, Bremerton resident, expressed his opposition to fluoridation of City water based on the fact fluoride is very toxic. James Noble Jr. announced he was seeking individual sponsorships for students of the Garritson Tae Kwon Do School, who have qualified to participate in the 1997 National Junior Olympics. Anyone wishing to contribute towards this effort could contact him at 377-1065 or 377-9623. Mayor Korton stated in response to Mr. Thomas's question regarding funding of the cable franchise consultant contract, the consultant contract is paid for by money coming from TCI, but that person does~O~ know where within the City's budget the funds are allocated. 7A - BUDGET ADJUSTMENT TO ADD ONE TEMPORARY LABORER FOR A THREE MONTH PERIOD/TRANSPORTATION DIVISION, #AB97-118 During the summer months, it is projected that the Transportation Division will have an increase in workload due to increases in other departments. Hiring a temporary laborer to accomplish some of the more menial jobs would free the technicians to help keep up with the increased work load. The cost of this temporary laborer is $5,000.00 for the three month period. Public comment - none. TAPE #1467 City Council Reg. Mtg. Minutes June 4, 1997 Page 6 of 10 #1883 M/S/C/U(Montgomery/Colvin) to approve aBddget Adjustment No. 97-10 to add one temporary laborer for a three month period for the Transportation Division. 7B - BUDGET ADJUSTMENT FOR CITY PARKING GARAGE IMPROVEMENTS, ~AB97- 119 The City parking garage located at 4th and Washington is in need of minor repairs and maintenance. Improved lighting, painting, new signs, and safety treads in pedestrian areas are the elements of repair and maintenance that are planning to be completed. General Facilities will be responsible for completion of this work. These improvements will enhance the safety and appearance throughout the garage, thereby increasing its marketability and occupancy rate. It is requested that City Council authorize a Budget Adjustment for $27,000 from the Parking System Fund to pay for these maintenance items. Paula Johnston, Deputy City Clerk, explained the parking garage has not been routinely maintained over the years and since the City Council approved a long term lease by the Doctor's Clinic, the administration felt the garage needed to be assessed. City staff reviewed lighting deficiencies, need for interior paint, replacing all handrails, installing new safety treads on stairs and ramps. It was felt the enhanced aesthetic and safety measures will increase the feeling of security for those using the garage. Upon review of the Parking System Fund, it appears that the fund began 1997 with a sizeable increase over what was anticipated and is running approximately 5% above revenue projections so far this year. Public comment - none. Mr. Winters referenced the estimate labor cost of $30.00 per hour and questioned if that would cover the lighting technician or painters? Ms. Johnston explained the $30.00 per hour was a high end estimate in the event the City had to contract out a large portion of the work; and it provided a cushion in the event the estimated hours were higher than projected by the Facilities Department. It is anticipated the City will use summer help crews from the Facilities Department at a rate of $7-8.00 per hour. Also available will be a contingency of Navy volunteers, who will do a large portion of the wall painting at no cost to the City. Mr. Winters pointed out it was not clearly defined as to the exact number of hours required for labor. He noted documentation showed $9,500 for lighting improvements and questioned if new light fixtures and wiring would be required? Ms. Johnston stated it would cover the cost of replacing approximately 70 light fixtures, many of which were capped over several years ago. TAPE %1467 City Council Reg. Mtg. Minutes June 4, 1997 Page 7 of 10 %2104 #2340 M/S/C/U(Colvin/Montgomery) to approve Budget Adjustment No. 97-14 to fund $27,000 for City Parking Garage improvements. 7C - BID AWARD TO COATING APPLICATORS, INC. - 1997 RESERVOIR REPL%BILITATION, #AB97-120 Bids were opened for the 1997 Reservoir Rehabilitation project on May 20, 1997. Five bids for this project were received. The low bid was $91,344.50 from Coating Applicators, Inc. The engineer's estimate for this project was $134,160. This project involves cleaning and re-coating Reservoirs %10, %15, %16, %18, and the Port of Bremerton Reservoir. The action before the City Council is approval of a contract with Coating Applicators, Inc. for the 1997 Reservoir Rehabilitation Project. Tim Richard, Senior Engineer, stated this project is part of the on going program to rehabilitate the exterior of the City's steel reservoirs. With the completion of the subject tanks in 1997, the City will have only one steel tank that does not need to be recoated at this time. The iow bidder's references have been checked and all had favorable comments regarding the quality of their work. The city also contacted the supplier of the paint, who is always concerned that a good applicator is secured due to the warranty on the product, and they are also very happy with this firm. This project includes four city owned tanks and one tank owned by the Port of Bremerton, which was previously approved by City Council under an Interlocal Agreement with the Port. The Port's portion of the cost will be approximately $20,000 for their tank as well as a portion of the cost of design, administration and construction. Funding for this project is out of the Water Resources Expenditure Budget, of which $100,000 was budgeted and is considered as a maintenance project. Public comment - none. M/S/C/U(Montgomery/Winters) to approve a contract for $91,344.50 with Coating Applicators, Inc. for 1997 Reservoir Rehabilitation, and authorize the Mayor to execute the same. 7D - PURCHASE OF HADDON SCHOOL PROPERTY AT N. LAFAYETTE AND 15TH STREETS, ~AB97-121 The Bremerton School District has agreed to surplus the 3.7 acre site at the northwest corner of N. Lafayette Avenue and 15th Street to the City for future park development. The purchase price proposed is $154,000 based on a December 1996 appraisal. The price reflects the "as is" condition of the site, and is discounted for fill placed on the southeastern portion of the site prior to 1941. A phase I, and limited phase II for the site is on TAPE #1467 City Council Reg. Mtg. Minutes June 4, 1997 Page 8 of 10 file in the Council office. Jim Spencer, Parks and Recreation Director, stated the subject property is in an area that desperately needs a park and the only park north of llth Street between Warren Avenue and Kitsap Way is a small pocket park (Arvon), which was constructed in 1996. Two issues prompted him to support this proposal: (1) a petition circulated approximately two years ago that contained over 450 signatures in support of the City purchasing the Haddon School site for a park; (2) the 1996 summer Playground Express program included use of the Haddon School site and attracted over 40 children each day. Funding for this proposal is available under the Real Estate Excise Tax (Fund 109) for development. Public comment - none. Mr. Winters stated the documentation identifies the price reflects the site as is and is discounted for fill placed on the southern portion of the site prior to 1941. He asked Mr. Spencer to explain that statement? Mr. Spencer stated there is known contamination on the site. During the early 1940's the site was used as a dump site and there was a soil cap of sorts put over the contamination. Historically, most of the properties in the City are dump sites and a park is an ideal use for those particular conditions. He anticipates the City will minimize any digging and the only areas of concern would be for a parking lot and a restroom facility. The Bremerton School District had an environmental study prepared for the site that identified the areas with the most contamination. Mr. Winters questioned the estimated cost and will it stay within the budget amount of $225,000 for those particular areas of clean up? Mr. Spencer explained the School District paid for a study that presented three options ranging from $35-38,000. The particular price identified within the $154,000 has been discounted by that amount, i.e. the appraised value was adjusted to reflect the cost to take care of the contamination. Mr. Winters asked if the city opens the area as a playfield, will it require meeting EPA clean up requirements? Mr. Spencer explained based on the information coming from the Evergreen Park expansion project, he anticipates the probable use of a soil cap over the site, which would allow park type activities, but there may be some areas that require a more comprehensive clean up. Mr. Winters asked if the site could be an inner-city baseball field for inner-city youth? Mr. Spencer stated the potential use of the site would up to the citizens and he anticipates holding several public meetings to discuss the issue. Mr. McConnell questioned the kind of amenities planned for the site? Mr. Spencer stated that would depend on the input given by TAPE #1467 City Council Reg. Mtg. Minutes June 4, 1997 Page 9 of 10 #2731 the residents of that area. Mr. Montqomery stated when he first became a City Council member he was approached by constituents as to the lack of parks, and questioned why the subject site was not turned into a ball field or playground. He feels strongly that the City should be allowed to use a soil capping method to contain any contamination on the site. Mr. Colvin asked if the City would be purchasing any liability, if contamination is found on the site? Ian Sievers, City Attorney, stated yes, the purchase agreement includes assuming the risk of contamination at that site. The property has a discounted market value; however, the City can use the site for parks by doing less than other type users of the property. Presi4ent Fart noted the subject site is located in his district, which lacks park facilities, and he encouraged the Council to support the proposal as presented. He also encouraged citizens from all parts of the City to get involved in determining the kinds of uses for this site. Based on his observance of use of Skateboard Park East, he would like to see Skateboard Park West developed on this site. M/S/C/U(Montgomery/Neville) to approve purchase agreement for Haddon School site at N. Lafayette Avenue and 15th Street. 7E - CONTRACT FOR ASBESTOS INSPECTIONS OF CITY STRUCTURES ON "C" THRU "H" STREETS EAST OF OYSTER BAY AVENUE, #AB97-122 The City has recently completed acquisition of buffer properties north of the wastewater treatment plant east of Oyster Bay Avenue, including approximately 60 residential and residential accessory structures. Many of these have no useful life and will be demolished or will be used for practice burns. Prior to either action, the structures must be inspected for asbestos materials. The proposed contract with KCB, Inc. a certified asbestos remover, will provide this inspection at $225 per structure. Total expenditure for the year will be approximately-S14,000 under this agreement. Ian Sievers, City Attorney, stated due to Bob Tulp, Public Works Operations Manager, being on vacation, he would provide staff input and answer any questions. He noted many structures within the subject area are well beyond their useful life and should be removed as quickly as possible. Labor and Industry regulations in the Administrative Code require a negative assessment for presence of asbestos that may become airborne and need to removed prior to any demolition to avoid monitoring. Mr. Tulp did conduct an informal solicitation for bids from the City's Small Works Roster /0 TAPE #1467 City Council Reg. Mtg. Minutes June 4, 1997 Page 10 of 10 #3052 and KCB, Inc., was the low bidder with the next highest bid being approximately $300.00 without tax included. He noted an action item will be brought before Council on June 18 to surplus structures with value from the subject area and this contract will also apply to those structures, if they are required to be removed for demolition. Public comment - none. Mr. Law stated in his opinion, this was another example of extortion because we, as private business, have to pay for inspection of each of the buildings and all we are looking at is the potential of finding asbestos particles in roofing or floor tile. He views it as a waste of money even though it is required. Mr. McConnell asked if the City had a cost estimate if asbestos is found? Mr. Sievers explained this proposal is just for inspection of the premises and lab testing of materials, not removal of any asbestos. M/S/C/U(Montgomery/McConnell) to approve contract with KCB, Inc. for asbestos inspection services of City structures on C thru H Streets east of Oyster Bay Avenue. President Parr thanked the TV camera crew for their services: Rob Rupe, Patricia Mathes, and James Nobel, Jr. With no further business meeting adjourned at 6:59 P.M. PAULA JOHNSTON, Deputy City Clerk DAVID FARR, Council President city of Bremerton PJ/DDF/me cc: Normal Distribution File/Vault _ AGENDA BILL ~ BREMERTON CITY COUNCIL 1. SUBJECT: Contract for Computer Training Consultant FOR AGENDA OF: June 18, 1997 ORIGINATING DEPT: Information Services ORIGINATOR: Bill Eley DATE SUBMITTED: May 30, 1997 2. CLEARANCES: (Comment on back if necessary) Administrative SerF~ices Director City TreasurC~r Fiscal & Budge~/~ COUNCIL COMMITTEE 3. EXHIBITS: APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARX STATEMENT AND REOUIRE~NT FOR GOUNCIL ACTION: Agreement between the City and Robert Bounds for the procurement of office automation computer software training as per the attached contract. Training is to be provided in the new City training facility. RECOMMENDATION: Council approve the contract as presented. 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.: 5. IMPACT OF NON-PASSAGe: Little benefit would be gained from the recent investment in furnishings and equipment necessary for the operation of the new training facility. City staff would have to pay approximately twice as much to receive training from an outside organization. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIP~.NT OR OT~R RESOUrCeS: The contracted position will be self supporting in that it will be funded from the training fees charged to departments. 7. RESEARCH SOURCES: AGREEMENT FOR CONSULTANT SERVICES THIS AGREEMENT made and entered into this ~ day of ,19 , by and between ROBERT BOUNDS (hereinafter "Consultant") and the CITY OF BREMERTON, a municipal corporation organized and existing under and by virtue of the laws of the State of Washington (hereinafter "City"). CONSULTANT AND CITY, FOR THE CONSIDERATION HEREINAFTER SET FORTH, PROMISE, COVENANT AND AGREE AS FOLLOWS: I. Scope of Work: Consultant shall provide the following described work in a manner consistent with accepted practices in the field of computer software consultancy. Develop a sedes of one day computer software classes, utilizing Logical Operations courseware, for the purpose of providing training to City staff in that computer software. -B. Collate training requirements for City staff members based on information provided by City departments and Information Services and schedule classes to meet the training need. Classes should be held in the City's training facility, 286 Fourth Street, Bremerton, WA 98337. Co Provide training at entry level, intermediate and advanced levels in the following software products: Microsoft Windows 3.x Microsoft Windows 95 All elements of Microsoft Office Professional WordPerfect for Windows. Access and use of the Intemet. This list may be amended as new software products become available. Maintain an inventory of supplies necessary for the above instruction utilizing the City's purchasing process as approved by the Information Services Manager. II. Term: The Consultant shall be available to begin work June 2, 1997. Actual starting date is dependent upon the readiness of the training facility. This is an ongoing contract with work being performed on an as needed basis up to twenty (20) hours per week. III. Compensation: The City shall pay Consultant Thirty and No/100 Dollars ($30.00) per hour worked up to a maximum of Fifteen Thousand and No/100 Dollars ($15,000.00) in any calendar year. IV. Payment Schedule: Invoices shall be presented to the City by the Consultant not more than once every thirty days. Payment to be made within 2 weeks following receipt of invoice. AGREEMENT FOR CONSULTANT SERVICES -1- V. Termination by the City: This Agreement may be terminated by the City for convenience upon thirty (30) days written notice to Consultant, or for cause if the Consultant fails substantially to perform and does not commence corrective action within five (5) days thereafter. Upon such termination, the City shall take possession of all of Consultant's records and data pertaining to performance under this contract. The City will pay consultant for services rendered up until the date of termination upon receipt of invoices substantiating the extent of satisfactory services rendered. VI. Successors and Assigns: The City and the Consultant each binds himself to the other party hereto in respect to all covenants, agreements, and obligations contained in this contract. Neither party to the contract shall assign the contract in part or as a whole, without the written consent of the other. VII. Relationship of Parties: The parties understand and agree that Consultant is an individual skilled in matters pertaining to computer software consultancy, and will perform independent functions and responsibilities in the area of his particular field of expertise. Consultant shall act as an independent contractor and not an employee of the City. As such, he has 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 Information Services Director. VIII. License and Taxes: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant's obligations under this ^greement. B & O taxes shall be paid when due and consultant, by this Agreement, assigns any payments due under this ^greement to the City Clerk for payment of such taxes which have been declared delinquent. IX. Hold Harmless: 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 or the performance of this Agreement, whether such injuries to persons or damage to property is due to the negligence of Consultant, its subcontractors, agents, successors or assigns. This provision shall be inapplicable to the extent the City is judicially found solely negligent for such damage or injury. X. Ownership of Reports and Documents: Original documents, drawings, designs, and reports developed under this contract shall belong and become the property of the City. XI. 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. AGREEMENT FOR CONSULTANT SERVICES -2- 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 Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: Bremerton City Clerk 239 Fourth Street Bremerton, WA 98337 Robert Bounds P. O. Box 2816 Poulsbo, WA 98370 E. Waiver - Failure to insist upon stdct 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. XII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national odgin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Date: By: CITY OF BREMERTON Date: By: LYNN HORTON, Mayor AGREEMENT FOR CONSULTANT SERVICES ATTEST: KATHLEEN L. MCCLUSKEY, City Clerk APPROVED AS TO FORM: laN SIEVERS, City Attorney AGREEMENT FOR CONSULTANT SERVICES /'7 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: SR304 Transportation Improvement Project (E42043) - Agreement with Washington State Department of Transportation for Right-of-Way Services 2. CLEARANC]~$: (comment on bac¢)t//~s~ )~/7 Director, Public Works/Utilities City Attorney Risk Manager City Treasurer ~ ~ /-~:-.~ Purchasing Agent Budget & Finance Committee Operations Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SLIBMITTED: June 18, 1997 PW & Utilities Randy Witt, City Engineer('~,0~' June 3, 1997 A. Location Map B. Task Assignment C. Agreement for Aid with WSDOT APPROVED BY COUNCIL P .RF_,~. ~NT,F~DR SUB~tITTAL:,q COUNCILPRESDENT ?/-vTf~. /.//~,:5<5 M/f.' 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The City has an Agreement for Aid with the Washington State Department of Transportation (WSDOT) which provide for WSDOT staff to provide land acquisition, relocation and related services on City projects. City staff have negotiated a Task Assignment to that agreement for WSDOT Real Estate Services (RES) staff to provide right-of-way acquisition and relocation services for the SR304 Transportation Improvement Project. WSDOT RES were selected because of familiarity with acquiring property for rights-of-way in accordance with Federal Highway Administration requirements. This task assignment to the agreement is for developing a project scoping estimate for the entire SR304 corridor, and for acquisition and relocation services for the properties from Preble Street to the Bremerton Ferry Terminal. The estimated not-to-exceed amount of this work is $507,000. Adequate funding exists for this work. Staff recommends approval of the Task Assignment. 8. RECOMMENDATION: That the City Council authorize and direct the Mayor to execute the attached Task Assignment for WSDOT Right-of-Way Acquisition Services on the SR304 Transportation Improvement Project. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: City Engineer EXPIRATION DATE: 12/31/99 REVIEW DATE: 9/31/99 PULLED TABLED 10. NOTICE OF ACTION APPROVED DISAPPROVED COUNCIL DIRECTIVE DATE 11. AGENDA BILL NO: q7- 131 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: Right-of-Way acquisition activities will have to be contracted through another entity or firm. staff assistance would be modified to a review/approval role. WSDOT IMPACT ON STAFFING, BUDGETS, FACILITIES. EQUIPMENT OR OTHER RESOURCES: By State law, WSDOT cannot enter into a fixed not-to-exceed mount contract, but must be reimbursed on a time and materials basis (See Section III, Payment). There is a chance that this contract could exceed the estimated not-to-exceed amount. If this happens, a modification to the Task Assignment will be prepared. The Task Assignment does not include costs for title reports, property acquisition, or relocation assistance. The City will pay for these directly. 7. RESEARCH SOURCES 97323 NOl~3~3W~3 :lO AIIO /O:::l?OBd / N::I I~FIA Ol::ld I~11 NOIIVIblOdSNVEI/ 'lzOB IlS V31:IV 10:il'Obld :iii :',"..' dV',-Z.LI >t TASK ASSIGNMENT NO. 1 Pursuant to Government Agreement for Aid, GCA0146 PROJECT TITLE: Transportation Improvement Project, SR 304 Bremerton Ferry Terminal to the SR 3 Interchange (WSDOT #TA0080, City # E42042 and E42043) PROJECT DESCRIPTION:Widening and realignment of SR 304, including access control, HOV lanes, bike/pedestrian facilities and acquisition parking areas on Burwell Street. TASK DESCRIPTION: The City of Bremerton (City) is contracting with the Washington State Department of Transportation, Real Estate Services (RES) to provide appraisals, appraisal review, project funding estimate, negotiation services, relocation services, and limited property management services for acquiring parcels on the SR 304 Transportation Improvement Project (A portion of the SR 3/SR 304 Bremerton Ferry Terminal to Gorst Vicinity Transportation Improvement Project). TASK A: Project Scoping Estimate for the SR 304 corridor acquisitions as discussed in the FEIS, including the Burwell Street acquisitions discussed in TASK B. RES will be responsible for: Obtain title reports for entire corridor. Provide a project scoping estimate for entire corridor. City will be responsible for: Incorporating the Project Scoping Estimate into the Design Report. Necessary preliminary right of way plan sheets. Schedule This task is expected to be completed within 6 weeks of receipt of necessary plan sheets, engineering data and environmental assessments. Fee Actual title report costs billed to City. Actual time and expenses for providing project scoping estimate not to exceed $7,000. Page 1 of 4 ROW Task Assignment SR304 Transp Imp Proj WSDOT/Bremerton TASK B: Acquisition of property and easements from the Bremerton Ferry Terminal to Preble Street. This consists of 91 parcels shown on Exhibit 1 attached to this agreement. Acquisition of up to 5 parcels for parking areas on Burwell Street is included in this Task. The parcels will be identified pending discussions with the neighborhoods. Early acquisition properties will be identified and prioritized by the City for acquisition prior to the access hearing. RES will be responsible for: Title report updates for policies from Task A. Project funding estimate, appraisals and appraisal review. Negotiation services, including preparing all offer letters, correspondence, diaries, legal documents and vouchers. Clearance of encumbrances as set forth in Chapter 8, Right of Way manual. Providing relocation services for the above project in accordance with Uniform Relocation Assistance and Real Property Acquisition (Chapter 468-100 WAC). Providing all displacee contacts, letters, correspondence, diaries, legal documents and vouchers required. Review of condemnation ordinance. Process documents for recording. Monthly written project status report. Assistance with public relations and interagency cooperation. Limited property management; i.e. establishing leases. Secure and manage subcontractors/ consultants in support of this work. City will be responsible for: Right of Way Plan and necessary Engineering and Design Plans conforming with local agency guideline requirements. Environmental assessment. Payment of all acquisition settlements and relocation benefits. Review of relocation appeals. All condemnation activities. Engineering support. Payment of all RES workforce charges project, including Contracts of Service. Payment of all title insurance/escrow costs. incurred for the Page 2 of 4 ROW Task Assignment SR304 Transp Imp Proj WSDOT/Bremerton PAYMENT: jo Manage leases Early acquisition exhibits. Design/Access hearing Schedule It is expected that the City will provide approved right of way plans by January 1, 1998. RES will provide services with the commitment to acquire all properties by June 15, 1999. Said completion date is predicated upon receipt of approved right of way plans by January 1, 1998. Should RES not be able to meet this schedule for any reason, the City will be immediately notified in accordance with Section lA of the Agreement for Aid. Furthermore, if the schedule cannot be met by RES staff, RES will obtain and manage qualified consultants to assist in completion of the work meeting the schedule and budget requirements. Administrative Settlement: Real Estate Services administrative settlement authority for this project is set forth as follows: Determination of value amount: (DV) Max Settlement DV $0 to $100,000 DV $100,000 to $500,000 DV $500,000 and up DV plus $15,000 DV plus 15°./~ DV plus $75,000 All proposed settlements higher than this schedule requires approval of an administrative review board, which in this case would be the City. Fee WSDOT will charge actual time and overhead for each parcel. It is expected that this will not exceed $500,000. Payment under the contract will be made on the basis of billings for work satisfactorily completed, but not more often than once per month. Invoices shall show a breakdown by task. RES shall submit a statement with each invoice providing a documentation of costs supporting the invoice, and activities which occurred in each billing period. Payment requests will be sent to: City of Bremerton Department of Public Works and Utilities 3027 Olympus Drive Bremerton, WA 98310-4779 Attn: Randy Witt, City Engineer Page 3 of 4 ROW Task Assignment SR304 Transp Imp Proj WSDOT/Bremerton TERM: This TASK Assignment will terminate on December 31, 1999, unless otherwise extended by the City. The undersigned agree to the conditions and responsibilities set forth herein and hereby agree to provide these services in the manner described in the before mentioned GCA0146 agreement. Submitted this __day of ,19__. CITY OF BREMERTON STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Lynn S. Horton Mayor Joachim Pestinger, SR/WA Director, Real Estate Services DEPARTMENT OF APPROVAL: W. Eugene Sampley Director Public Works/Utilities Approved as to form: Recommended for Approval Ian Sievers City Attorney M. R. Leitch Manager, Real Estate Services WSDOT, Olympic Region Attest: Kathleen McCluskey Director Administrative Services Page 4 of 4 ROW Task Assignment SR304 Transp Imp Proj WSDOT/Bremerton .l. noAv9 AVMOVOt:! '1- .L3:::IHS (91~I. OVOID# VVID 'a NSV.I.) I..i. IBIHX3 · .--- V'=It:IV NOI.I. ISII'IOOV ./ NO 39~3S ON ~/ ~lqOl:lVd Q3.1. O:I:I:IV "~ I:I::IHS '1. /181HX::I g£N:IINgSYg/NOI/I~ItqOOV AYM -I0 /HDII:I tO~lrOl~d /N:llqq^Ol:ldlql NOI/V.L~IOd~N¥1~.L NOIItlAIQ ~DNIU:q:INI~ Nq NO/~R~8 40 AIIO iN3!AI3SV3 ONl~ln03~ AIH3dOHd AAVN SCI NOIII$1FIOOV -i¥iOi ~lO -IVll~lVd JO S311~13dO~ld ./- SNOISIA3U Washington State Department of Transportation Sid Morrison Secretary of Transportation Transportation Buitcfing P,O. Box 47300 Olympia, WA 98504-7300 December 13, 1995 RECEIVED City of Bremerton Department of Public Works & Utilities 3027 Olympus Drive Bremerton, WA 98310-4799 DEC 18 1995 Dept. ,., .......... -.. Utilities Citv of Bremo. rton Agreement for Aid, GCA-0146 Real Property Acquisition Washington State Department of Transportation Here is your copy of the Agreement for Aid (GCA-0146) between The City of Bremerton and the Department of Transportation. This Real Property Acquisition Service Agreement is now in effect between our agencies, however, please note on page 2, under paragraph ]IA, that future requests for specific work assistance/aid must be in writing. Thank you for the opportunity to be of service. As in the past, we look forward to working with you and your staff. Don't hesitate to call me at (206) 705-7308 if you have any questions about the agreement or assistance request procedures. /~]_ A.LEN_WRI.GI-I~. ./// Project Coordination Manager GW:mep Enclosure Washington State Department of Transportation GOVERNMENTAL AGREEMENT ORGANIZATION AND ADDRESS FEDER,~'L EMPLOYERS Q_I_T_Y_ OF_ _B_R]~M_E_R_TON ID NUMBER FOR AID DEPT OF PUBLIC .WORKS & UTIL. 3027 OLYMPUS DRIVE ~/~CP/~ / WORK BY STATE-- ACTUAL COST BREMERTON, WA 98310-4799 AGREEMENT NUMBER DISTRICT NUMBER LAND ACQUISITION, RELOCATION, AND RELATED SERVICES This AGREEMENT, made and entered into this 1 1 th day of J-zlv , 19 95 . between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "DEPARTMENT," and the above-named organization, hereinafter called the "AGENCY." WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (PL 91-646, 84 Stat. 1894) amended by Uniform Relocation Act Amendments of 1987 (PL 100-17, 101 Stat. 246-256) as implemented by the United States Department of Transportation (49 CFR 24), Chapter 8.26 Revised Code of Washington (RCW), and Chapter 468-100 Washington Administrative Code (WAC) promulgated by Washington State Office of Community Development (OCD), all of which are hereinafter referred to as the REGULATIONS, establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced in connection with or as a result of public works programs or projects of a State agency or local public body; and WHEREAS, the AGENCY may propose to acquire or to administer the acquisition of real property in connection with public works programs or projects which may necessitate displacement of an individual, a family, business, farm, or nonprofit organization; and WHEREAS, the DEPARTMENT has an established organization to complete project impact studies and to conduct land acquisition property management and relocation assistance programs in compliance with the REGULATIONS and is empowered to provide such services pursuant to Chapter 39.34 RCW; and WHEREAS, the DEPARTMENT, in accordance with its policies does not desire to perform services for a public agency by entering into or otherwise interfering with competitive bidding by private enterprise in response to advertisement or solicitation by such public agency; and WHEREAS, the AGENCY, in support of said departmental policies, assures the DEPARTMENT that the AGENCY's assignments and/ or requests for services under this AGREEMENT will not result from bidding, negotiation, or other competition involving private enterprise; and WHEREAS, the AGENCY may desire to obtain such services from the DEPARTMENT and the DEPARTMENT is willing to furnish such services to the AGENCY, and both deem it in the interest of the public to enter into this AGREEMENT; NOW, THEREFORE, in consideration of the stated premise and in the interest of providing expedient, fair, equitable, and uniform treatment of land owners and persons to be displaced by proposed land acquisition projects and pursuant to RCW 8.26.120, the parties hereto agree as follows: IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first above written. I GENERAL A. The DEPARTMENTshaII, to its maximum ability, provide the AGENCY with impact study, appraisal review, acquisition, relocation assistance, or property management services described hereinafter, all in accordance with the appropriate elements of the department's operating requirements set forth in the departmental publication M26-01 (HW), Right of Way Manual, except where specific operating requirements are otherwise described herein. All such require ments shall conform to the REGULATIONS. B. The normal workload of the department shall have priority over any work performed under the AGREEMENT. The work performed under this AGREEMENTshall be pursued with care and diligence, making every effort to recognize pertinent schedules of the AGENCY. The DEPARTMENT shall promptly notify the AGENCY of any hardship or other in ability to pedorm under this AGREEMENT including postponement of the agency's work due to priority given to the department's work. C. This AGREEMENT may be increased or decreased in scope or character of work to be performed if such change becomes necessary, but any such change shall be accomplished by written agreement and executed by all parties to said AGREEMENT. D. The AGENCY shall indemnify and hold the DEPARTMENT and its agents, employees, and/or officers harmless from and shall process and defend at its own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages, or costs, of whatsoever kind or nature, brought against the DEPARTMENT arising out of, in connection with, or incident to the execution of this AGREEMENT and/or the AGENCY performance or failure to perform any aspect of this AGREEMENT to the extent allowed by law. II WORK ASSIGNMENT/REQUEST A. Specific assignments shall be made in writing to the DEPARTMENT by the AGENCY. The AGENCY shall make such assignments before any negotiations for property acquisition and before any discussion of price with the property owner, when required by the REGULATIONS. B. The AGENCY shall furnish the DEPARTMENT with all information which has been compiled by or is available to the AGENCY concerning the property to be affected by each particular project. Such information shall include, but not be limited to, a list identifying each property affected by the project by parcel number, a tabulation of improvements on each property, the geographical location and boundaries of each property, and a description of how the project affects each property. The AGENCY shall furnish the DEPARTMENT copies of plan sheets showing limits of parcels, rights to be acquired, and sufficient engineering data to develop legal descriptions. C. The'DEPARTMENT shall furnish all labor, materials, supplies, and incidentals necessary to complete the work assigned by the AGENCY and shall furnish all information necessary to the conduct of a land acquisition program. D. The DEPARTMENT will at its discretion and upon written request f.rom the AGENCY furnish the following as required: Impact Studies: Impact studies shall be made and reported in written narrative addressing potential influences by a program or project on land economics or land use factors, displacement/ relocation factors, acquisition costs, and relocation plans, as requested. Appraisal: Property shall be evaluated and value conclusions reported to conform with departmental operating requirements. Any request by th e AGENCY for court preparation and testimony will be a separate work assignment request under this AGREEMENT and shall be submitted to the DEPARTMENT in a timely manner to provide not less than ninety (90) days notice in advance of any expected court appearance. Appraisal Review: Appraisal reports shall be reviewed to conform with departmental operating requirements for validity of value conclusions provided such reports are accompanied by a copy of the appraiser's contract and provided that the AGENCY (or its agent) has determined that such reports appear to comply with the agency's procedural requirements and include adequate description of the property appraised and the interest to be acquired and appear to include adequate data supporting said conclusions. The AGENCY shall be responsible for obtaining any necessary replacements for unacceptable appraisal reports orfor obtaining any substantive revisions of inadequate reports where such reports were furnished to the DEPARTMENT by the AGENCY. Acquisition: Every reasonable effort will be made to acquire real property by negotiations in accordance with the REGULATIONS. The DEPARTMENT shall attempt to acquire all property within the project limits without commencing condemnation proceedings. A written offer will be presented to each owner at the time price is first discussed for the property. The offer will be documented and retained as part of the parcel file. Individual parcel diaries will be maintained containing adequate written records of the negotiations including, but not limited to, the following: 1. Date and place of contacts; 2. Persons present; 3. Offers made (actual dollar amount); 4. Counter offers made; 5. Reasons settlement could not be reached. Each request by the AGENCY shall specify the name of the grantee in whose name the property is to be conveyed. The DEPARTMENT shall provide the AGENCY with deeds to all property acquired and, wherever possible, instruments to clear encumbrances of title from those deeds. The DEPARTMENT will provide information leading to clearing of encumbrances which the DEPARTMENT cannot clear without legal action. Upon completion of a review of each acquisition by the DEPARTMENT's Title Section, all instruments and materials pertaining thereto will be provided to the AGENCY. Clearing remaining encumbrances of title and making the actual payment for the property shall be the responsibility of the AGENCY. Should it become apparent that negotiations for attempted acquisition have reached an impasse and sufficient time has elapsed for a property owner to make a decision, the DEPARTMENT will, either at its discretion or upon written request by the AGENCY, submit to the AGENCY a condemnation report that will contain a summary of negotiations, amounts of counter offers, if any, and other historic data relative to such attempted acquisition. The actual filing of condemnation and subsequent litigation shall be the responsibility of the AGENCY. Relocation Assistance: Relocation assistance services shall be provided to conform with departmental operating requirements. All relocation claims presented by displacees will be processed by the DEPARTMENT, but the actual disbursement of monies shall be made by the AGENCY. As may be assigned by the AGENCY, the DEPARTMENT will respond to and assist the AGENCY with an appeal as to relocation assistance benefits filed by an aggrieved displacee; however, the AGENCY shall remain responsible for any appointment of a hearings officer, conducting hearings, maintaining records thereof, and rendering of the final decision of the AGENCY. Property Management: Effective management of agency controlled properties will be provided in the name of the AGENCY in conformity with departmental operating requirements. E. At the completion of the project the DEPARTMENT will, either at its discretion or upon written request by the AGENCY, turn over to the AGENCY all records including appraisal and appraisal review reports, acquisition, relocation assistance, and property management records pertinent to the work performed by the DEPARTMENT. III PAYMENT The DEPARTMENT shall be paid by the AGENCY for completed work and for services rendered under the AGREEMENTas provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, and incidentals necessar~ to complete the work. The DEPARTMENT acknowledges and agrees that only those costs actually allocable to a project shall be charged to such project. A. The DEPARTMENT shall be reimbursed in full by the AGENCY for its direct and related indirect costs accumulated in accordance with its current accounting procedures. B. Partial payments will be made by the AGENCY upcn receipt of the AGENCY of billings from the DEPARTMENT. Billings will not be more frequent than one per month. It is agreed that payment of any particular claim will not constitute agreement as to the appropriateness of any item and that at the time of final billing all required adjustments will be made. C. Upon termination of this AGREEMENT as provided in Section VI, the DEPARTMENT shall be paid by the AGENCY for services rendered to the effective date of termination less all payments previously made. No payment shall be made by the AGENCY for any expense incurred or work done following the effective date of termination unless authorized, in writing, by the AGENCY. D. Final payment of any balance due the DEPARTMENT of the ultimate gross reimbursable amount, prior to the effective date of termination, will be made upon ascertainment of such balance by the DEPARTMENT and certification thereof to the AGENCY. IV NONDISCRIMINATION The DEPARTMENT shall comply with RCW Chapter 49.60. With respecl to the work to be performed by the DEPARTMENT during the contract, the DEPARTMENT shall not discriminate on the grounds of race, color, sex, national origin, marital status, age, or the presence of any sensory, mental, or physical handicap in the selection and retention of agents, subcontractors, including procurement of services or materials, or leases or equipment. The DEPARTMENT shall comply with Title VI of the Civil Rights Act of 1974, USC 2000d-d4 and related statutes. VI COMMENCEMENT AND TERMINATION OF AGREEMENT The work is of a continuing nature and will be in force as of the date of this AGREEMENT. Either party may terminate this AGREEMENT at any time upon not less than sixty (60) days wdtten notice to the other party with or without cause. The AGREEMENT shall terminate three years from the date of execution hereof unless othenvise terminated or unless extended in writing signed by both parties. V VENUE In the event that any 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 or proceeding shall be brought in a court of competent jurisdiction situated in Thurston County, Washington. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first above written. AGENCY By: CITY OF BREMERTON P, TON', Iv~. -GE'NE SAMPLEY, PUBLIC WORKS...__. STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION ~/Joachim Pestin§er, SR/WA/ //~?/~,./.-- Director, Real Estate Services DOT Fo,~ 224-075 Rev~se~ 9/93 AGENDA BILL - BREIVIERTON CITY COUNCIL SUBJECT: Resolution No. -,:n9~ Campbell Way mid-block closure. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 2. CLEARANCES: (comment 3. Director, Public Works/Utilities City Attorney Police Chief _ Fire Chief Operations Committee Budget & Finance Committee .NDORSE m X' }m ION MAYOR ~ - A. Location Map B. Site Plan C. Resolution June 18, 1997 PW & Utilities Randy Witt, City Engineer June 3, 1997 D. Traffic Safety Committee agenda and draft meeting minutes for May 14, 1997. APPROVED BY COUNCIL Pt~ID_~ENT/FOR S~4ITTA~,: COUNCIL PRESIDENT .2{Z'.(_/L, //~,jf..~' ~Z. ~,' 4. SU1MMARY STATEMENT AND REQUIRE1WENT FOR COUNCIL ACTION: During development of the Harrison District Plan, the community expressed a desire to stop the traffic fi:om using Campbell Way to bypass the intersection at Lebo Boulevard and Wheaton Way. The Harrison District Plan discussed long term potential improvements, and requests Public Works staff to address short term improvements. Staff met with the community and formulated a recommendation to close Campbell Way at a mid-block location. After review by the City Traffic Safety Committee, temporary barricades were placed on Campbell Way. Follow-up meeting and discussions with the community support a permanent mid-block closure with a right turn improvement on eastbound Lebo Boulevard at Wheaton Way. The Traffic Safety Committee at the meeting on May 14, 1997 recommended the closure. Staff recommends that the Campbell Way have a mid-block closure by passage of the attached resolution. 8. RECOMMENDATION: That City Council pass the attached Resolution No.~. ~,~ ~ mid-block location. which establishes that Campbell Way be closed at a 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer City Engineer N/A N/A PULLED TABLED 10. NOTICE OFACTION APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE DATE: 11. 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE: Campbell Way will be open to traffic. IMPACT ON STAFFING. BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES: Funds are budgeted in the Public Works Operations Maintenance budget to provide signage and barricade improvements necessary to close Campbell Way at a mid-block location as shown on the attached site plan. The estimated cost of this work is $1,160. ,,Funds are budgeted in miscellaneous expenditures of improvements to Lebo Boulevard at Wheaton Way. ' $18,000. ~ ~ the Arterial Street Fund to provide the right mm The preliminary estimated cost of this work is 7. RESEARCH SOURCES 97329 RESOLUTION NO. d~ ~--~ A Resolution declaring a mid-block closure of Campbell Way. WHEREAS, during development of the Harrison Hospital Neighborhood Plan, the community expressed desire to stop traffic from using Campbell Way to bypass the intersection of Lebo Boulevard and Wheaton Way; and, WHEREAS, City staff worked with property owners and residents to determine that a mid-block closure of Campbell Way was an appropriate measure to address the bypass traffic issue; and, WHEREAS, a temporary mid-block closure was installed and found to be effective and received support of the community; and, WHEREAS, the City Traffic Safety Committee endorsed the mid-block closure of Campbell Way at its meeting of May 14, 1997; and, WHEREAS, WAC 308-330-265(1) authorizes the City Engineer to place traffic control devices as required under resolution of the City Council; now, therefore, BE IT RESOLVED, BY THE BREMERTON CITY COUNCIL THAT 1. Campbell Way be closed mid-block between Lebo Boulevard and Wheaton Way. Passed this __ day of June, 1997, by the City Council of the City of Bremerton. David Fan', President Bremerton City Council 97329a ~' N01/¥00'1 XYM 'lq::lgdlhl¥O N 0.1.1:13 IAI::II::I 8 -I0 X.LIO 3>lV'-I dVSllH (X,AYN) >l~JVd NOS)IOVf" TRAFFIC SAFETY COMMITTEE AGENDA CLOSURE OF BURWELL S.T .REET ~ VgYCOFF AVENUE Discussion: Burwell Street has months. Public comment generally exists for closure of westt (downhill). closed at Wycoff Avenue for approximately four on the need to close the entire street. Support ion (uphill), but not eastbound direction Recommendation: Change Burwell Street between Wycoff Avenue and the alley and Callow Avenue to become a one-way street in the eastbound direction. Avenue 2, STREET CLOSURE OF CAMPBELL WAY Discussion: Campbell Way has been temporarily closed at a mid-block location for approximately two months. A meeting was held with Campbell Way property owners on April 29, 1997, who indicated a desire to keep the street closed at the present location. Staff followed up with a notice of recommended action distributed in the area and contact with property owners/tenants not present at the meeting (attendance was light) who generally supported maintaining closure. One problcm area identified during the trial closure period is the backup of traffic on eastbound Lebo Boulevard at Wheaton Way due lo the lack ora free right turn lane. This issue did not exist prior to the closure of Campbell Way as it facilitated right turn traffic. Improvement to the right turn movement on Lebo Boulevard should be done if Campbell Way is closed. Recommendation: A. That Campbell Way be closed at I231 Campbell Way. B. That improvements be made to the Lebo Blvd. right turn movement at Wheaton Way. UEST vOe A C OSSWA AX mVE d S mUCE DRAFT TRAFFIC SAFETY COMMISSION Meeting Minutes May 14, 1997 The Traffic Safety Commission met on May 14, 1997 in the Mayor's Conference Room. Members present were Randy Witt, Ron Hough, Tom Pratt, and Peggy Lesser. Lynn Price was also present. 2. Street Closure of Burw~et ~ Wycoff Avenue - The Commission members discussed the temporary closure o~treet at Wycoff Avenue. It was noted that the public has been supportive of closing-'~'~~o westbound, uphill traffic, but not eastbound, downhill traffic. The members conc~red4~the staff recommendation that Burwell Street become a one-way street e~'~lSs oun~ween Wycoff Avenue and the alley between Wycoff Avenue and Callow Avenue.-7'~his.~,~ recommendation will be taken to City Council for action. o Street Closure of Campbell Way - The Commission members discussed the temporary closure of Campbell Way mid-block, noting that the residents favored making the change permanent. It was acknowledged that some non-resident vehicle operators opposed the change. It was also noted that reducing through traffic on Campbell Way was consistent with the neighborhood development plans for this area. Staff has noted a traffic back-up at the signal on Lebo Boulevard at Wheaton Way. This could be alleviated by adding a free fight turn lane at this intersection. The Commission members concurred with the staff recommendation that Campbell Way remain closed at 1231 Campbell Way and that improvements be made on Lebo Boulevard. The members also believed dead end signs should be included and that the aesthetics of the closure be addressed when possible. Crosswalk at Almira Drive & Spruce Avenue - The Commission members were a request for a marked crosswalk at Almira Drive and Spruce Avenue for use by to View Ridge Elementary School. The membership was concerned about marked crosswalk, if an existing one could be readily used by these children. There about whether the addition of another crosswalk was consistent crosswalk policy and whether its installation would be supported by the school with crossing guards. Action on this item was postponed pending further ' an. 5. Update on Sidewalk Ordinance Revision - Revisions to the sidewalk been postponed indefinitely. _ ~ ~, ~ 6. Traffic Signal Control System - This presentation was postponed. e have AGENDA BILL - BREMERTON CITY COUNCIL 1. SUBJECT: Resolution No. o?~- D L/' Burwell Street between Wycoff Avenue and the alley between WycoffAvenue and Callow Avenue, establishment of a one-way street. FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: June 18, 1997 PW & Utilities Randy Witt, City Engineer June 3, 1997 Director, Public Works/Utilities City Attomey Police Chief Fire Chief Budget & Finance Committee Operations Committee ENDORSEMENT fiX/ CLEARANCES: (comment on back i~,/~ 3. ~ A. Resolution ~ B. Location map ~ C. Site plan '~ , ,, D. Traffic Safety Committee Agenda and Draft ~:~-'~-/~ meeting mmutes for May 14, 1997 . /N~ORMATION APPROVED BY COUNCIL PRESIDENT ]FOR ~IJBMITTAL: COUNCIL PRESDENT ~'.<2~. t~e.o"~_.~ ~. /7). 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: City staff have received complaints about the intersection of Burwell Street and Wycoff Avenue. The complaints focused on problems associated with the steep grade at which Callow Avenue intersects Wycoff Avenue. To address this issue, the Public Works Department in coordination with the City Traffic Safety Committee temporarily closed Burwell Street at the east side of Wycoff Avenue. During an evaluation of the closure, public comments were received on the closure, including several discussions at the Charleston Community Plan meetings. Public and staff comments were reviewed at the Traffic Safety Committee meeting of May 14, 1997 and staff recommended that rather than closing Burwell Street, a more effective method to address the issue would be to make Burwell Street a eastbound one-way street between Wycoff Avenue and the alley between Wycoff Avenue and Callow Avenue with no changes to the remaining portion of Burwell Street as shown on the attached site plan. Staff recommends approval of this recommendation by passage of the attached resolution. 8. RECOMMENDATION: That the City Council pass the attached Resolution Number ~Or--/( which establishes that Burwell Street become a eastbound one-way street between Wycoff Avenue and the alley between Wycoff Avenue and Callow Avenue. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: City Engineer City Engineer N/A N/A PULLED COUNCIL DIRECTIVE TABLED 10. APPROVED NOTICE OF ACTION DISAPPROVED ~.,.~AMENDED DAT~ 11. AGENDA BILL NO: q 7- 133 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Burwell Street at WycoffAvenue will be open to traffic with two-way traffic movement. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES. EQUIPMENT OR OTHER RESOURCES: Funds exist in the Public Works Operations Maintenance budget to provide improvements necessary to make Burwell Street a one-way street as shown on the attached site plan. The estimate cost of this work is $960.00. 7. RESEARCH SOURCES 97328 RESOLUTION NO. d~ ~ ~ A RESOLUTION declaring that a portion of Burwell Street be a one-way street. WHEREAS, the community has expressed concern about the grades and sight d/stance at the intersection of Burwell Street and Wycoff Avenue through individual contacts and meetings of the Charleston Community planning efforts; and, WHEREAS, a City proposal for a temporary closure of Burwell Street for an evaluation period was accepted by surrounding residents and business owners; and, WHEREAS, a complete closure of the street was not acceptable during the evaluation period, but a eastbound one-way street on Burwell Street from WycoffAvenue to the alley between WycoffAvenue and Callow Avenue was acceptable; and, WHEREAS, the City Traffic Safety Committee endorsed the one-way street concept on Burwell Street at its meeting of May 14, 1997; and, WHEREAS, RCW 46.61.135 and WAC 308-330-270 authorize the City Council to determine and declare one-way streets for streets under City control following engineering and traffic investigations; now, therefore, BE IT RESOLVED, BY THE BREMERTON CITY COUNCIL THAT 1. That Burwell Street is designated a one-way street in the eastbound direction from WycoffAvenue to the alley between Wycoff Avenue and Callow Avenue. Passed this __ day of ,1997, by the City Council of the City of Bremerton David Farr, President Bremerton City Council 97328A\bk dViq NOI.L¥OOq 'T'I::iMI::IrlE! NO.LI::I3 IN31:18 :10 A/lO NOI.LVOI~IIGO Iq 'J.e T1:a,v, ung ~ (AAYN) SNSd (AAYN) )~lVd NOS:HOVP 3HV-1 dVSll>~ WYCOFF AVE. ONE W A Y'--'--------~,J DO NOT ENTER--~ ALLEY ONE WAY STRIPIN6 / --BARRICADE DO NOT ENTER CALLOW AVE. LLI BURWELL STREET MODIFICATION WYCOFF AVE. SITE PLAN T:\$Y$-MAPS\BURWELL TRAFFIC SAFETY COMMITTEE AGENDA STREET CLOSURE OF BURWELL STREET ~ W'YCOFF AVENUE Discussion: Burwell Street has been temporarily closed at Wycoff Avenue for approximately four months. Public comment has focused on the need to close the entire street. Support generally exists for closure of westbound direction (uphill), but not eastbound direction (downhill). Recommendation: Change Burwell Street between Wycoff Avenue and the alley between Wycoff Avenue and Callow Avenue to become a one-way street in the eastbound direction. STREET CLOSURE OF CAMPBELL WAY tscussion: ,bell Way has been temporarily closed at a mid-block location For approximately A meeting was held with Campbell Way property owners on who indicated a desire to keep the street closed at the present location. two ~nths. April Staff folio' up with a notice of recommended action distributed in the area and contact with generally su ;hers/tenants not present at the meeting (attendance was light) who g closure. One problem area ed during the trial closure period is the backup of traffic on eastbound Lebo Wheaton Way due to the lack of a free fight turn lane. This issue did not exist prior to of Campbell Way as it facilitated right turn traffic. Improvement to the fight turn merit on Lebo Boulevard should be done if Campbell Way is closed. Recommendation: A. That Campbell Way be closed at B. That improvements be made to the Lei Way. >bell Way. vd. right turn movement at Wheaton REQUEST FOR A MARKED CROSSWALK AT AVENUE DRIVE & SPRUCE Discussion: Engineering staff investigated a request for a marked crosswalk on north side of Spruce Street. This street is crossed by children ira Drive at the View Ridge -' DRAFT TRAFFIC SAFETY COMMISSION Meeting Minutes May 14, 1997 The Traffic Safety Commission met on May 14, 1997 in the Mayor's Conference Room. Members present were Randy Wit-t, Ron Hough, Tom Pratt. and Peggy Lesser. Lynn Price was also present. 1. The minutes of the January 16, 1997 meeting were approved as submitted. 2. Street Closure of Burweli Street @ Wvcoff Avenue - The Commission members discussed the temporary closure of Burwell Street at Wycoff Avenue. It was noted that the public has been supportive of closing the road to westbound, uphill traffic. but not eastbound, downhill traffic. The members concurred with the staff recommendation that Burwell Street become a one-way street eastbound between Wycoff Avenue and the alley between WycoffAvenue and Callow Avenue. This recommendation will be taken to City Council for action. 3.~ee; Clpsure of campbell W~¥-T~e Con~mis~i0r~ members' di~'~ussed [~; ..... '-' te'l~rary closure of Campbell Way mid-block, noting that the residents favored makin~e change permanent. It was acknowledged that some non-resident vehicle operators'~9~osed the change. It was also noted that reducing through traffic on Campbell Wa'~as consistent with the neighborhood development plans for this area. Staff has noted a't'~c back-up at the signal on Lebo Boulevard at Wheaton Way. This could be alleviat~ adding a free right turn lane at this intersection. The Commission members c~urred with the staff recommendation that Campbell Way remain closed at 1231 Cam~ Way and that improvements be made on Lebo B~e mernbers also believ~d~ead end signs should be included and that [he aesthetics of the closure be addresse~ossible. 4. Marked Crosswalk at Almira Drive & Spruce Av-"Lhme - The Commission members were advised of a request for a marked crosswalk at"~ra Drive and Spruce Avenue for use by children walking to View Ridge Elementary SL~i~I. The membership was concerned about adding another marked crosswalk, if an exis'~g~one could be readily used by these children. There was also discussion about ~heth,.er~ddition of another crosswalk was consistent with the City's crosswalk policy an~hether its installation would be supported by the school administration with crossin'~ ,g~ards. Action on this item was postponed pending further investigation. . ' .~..~ 5. Update on Sidewalk Ordinance Revision - Revisions to the sidewalk ordinance been postponed indefinitely. Tsaf,,fic Si.~na, l Control System- This presentation was postponed - '~' AGENDA BILL BREMERTON CITY COUNCIL PUBLIC HEARING 1. SUBJECT: Ordinance No. FOR AGENDA OF: June 18, 1997 Final Assessment Roll for LID No. 329 - ORIGINATING DEPT: Jenner Avenue Improvements ORIGINATOR: Public Heating Required DATE SUBMITTED: PW & Utilities Randy Witt, CitT~ineer June 3, 1997 F'~$~ 2. CLEARANCES: (comment on back/~/~ 3. EXHIBITS Director, Public Works/Utilities ~?(~7~. ~ ~.,. A. Ordinance # Final Assessment Roll City Attomey M~lp B. Location City Treasurer_ '---~- "~~( C. Ordinance ~4558 Forming District City Clerk ~ ~ t~_ ~ Assessment Roll D. Notice of Hearing, Engineers Certificate E. Resolution #2594 ENDORSEME.>,NT ~/ ~ORMATION APPROVED BY COUNCIL PRBS/DENT FOR SUDMITTAL: mYOR 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: On May 7, 1997, the City Council passed Resolution No. 2594 setting June 18, 1997 as the hearing date for the final assessment on Local Improvement District (LID #329) Jenner Avenue. Any person who objects to the assessment must make their objection in writing and file them with the City Clerk at or prior to this hearing. The LID was formed by Council adoption of Ordinance No. 4558. The improvements funded by the district generally include the construction of curb and gutter, sidewalk and storm drainage improvements. A meeting was held with the property owners on March 19, 1997 to discuss the assessments and establish an interest rate and term. The action before the City Council is the public hearing and on the ordinance adopting and confn-ming the Final Assessment Roll, and then the passage of the ordinance. 8. RECOMMENDATION: The City Council pass Ordinance No. __ adopting and confirming the assessment roll for Local Improvement District No. 329 Jenner Avenue sidewalk improvements. PULLED TABLED 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW 10. ~ APPROVED DII City Engineer Treasurer N/A COUNCIL DIRECTIVE DATE: q'7-134 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: IMPACT ON NON-PASSAGE; That the LID will not be formed and the City will bear the costs of the improvement construction. 6. IMPACT ON STAFFING. BUDGETS. FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES 97156 ORDINANCE NO. AN ORDINANCE adopting and confirming the assessment roll for Local Improvement District No. 329 providing for the improvement to Jenner Avenue as described in Ordinance 4558 providing for the levying and assessing for the costs and expense thereof against the parcels and lots of land within the boundaries of said improvement district; providing for the collection thereof; creating and establishing a special fund therefore. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. That the Assessment Roll for Local Improvement District No. 329 providing for the improvement of said Jenner Avenue, together with the doing of any and all work in connection therewith as may be necessary to make such improvement a complete job, all in accordance with the plans and specifications on file in the Office of the City Engineer and as approved by Ordinance No. 4558; the same is hereby approved and confirmed. Section 2. That each parcel and lot of land or part thereof, as shown in said assessment roll is specially benefitted by said improvement and that there be and is hereby assessed against each parcel and lot of land and part thereof and other property contained in said improvement district as shown in said roll, including any property belonging to the City of Bremerton and the respective amounts in said roll set against each parcel and lot of land or part thereof and other property as determined by the front footage method abutting upon, adjacent or proximate to said improvement, and such amounts so assessed are hereby declared to be first lien against each parcel or lot or part thereof against which the same is assessed in said roll. Section 3. Upon passage and publication of this ordinance, the City Clerk shall place the assessment roll with the Treasurer, who shall then publish a notice in the City's official newspaper, once a week for two consecutive weeks, that the roll is in his hands for collection and that all or any portion of the assessment may be paid within thirty (30) days from the date of the first publication of the notice, without penalty, interest or costs. Within fifteen (15) days of the first newspaper publication, the City Treasurer shall notify each owner or reputed owner whose name appears on the assessment roll, at the address shown on the tax rolls of the County Treasurer for each property described on the list, of the nature of the assessment, of the amount of his real property subject to such assessment, of the total amount of assessment due, and of the time during which such assessment may be paid without penalty, interest or costs. 1 Section 4. Failure by the owner of any property charged with an assessment to pay the total assessment within thirty days of the first publication of notice in the newspaper, shall thereafter be required to pay the assessment on an annual installment basis over a period of 5 years, at a rate of 7.9% per annum, on the outstanding balance. The owner of any_pr?.perty charged with an assessment may redeem it from all liability for the unpaid amount of the assessment at any time after the thirty day period allowed by payment of assessments, without penalty or interest by paying the entire installments of the assessments remaining unpaid to the City Treasurer with interest thereon to the date of maturity of the installment next due. Section 5. 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 FARR, Council President APPROVED this day of ,1997 LYNN S. HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk 97297~bk 2 LID iJENNER AVENUE TAX LOT NUMBER , (~ 2419/21 3915-000-010-0006 / -- - '(~ i 2423/25 3968-004-009-0403 (~) 2427/29 3968-004-009 -0504 ~) : 2433/35 3968-004-009-0205 (~) 2437/39 3968-004-009-0007 ~> 2441/43 ,3968-004-009-0106 ' SCALE CiTY OF BREMER'TON ..... JENNER AVENUE HORIZ. DEPARTMENT OF PUBUC WORK8 & UTIETIE8 _... ~'",,~- LID BOUNDRY AREA PLOT ENGINEERING DIVISION DRAWING NO. DRAWN BY: S. JANKOWSKI DESIGN BY: CHECKED BY: SHEET DATE _ DATE DATE 1 OF 1 LID JENNER AVENUE TAX LOT NUMBER , (~ 2419/21 3915-000-0 I0-0006 2423/25 3968-004-009-0403 (~) 2427/29 3968-004-009 -0504 ~) 2433/35 3968-004-009-0205 (~) 2437/39 3968-004-009-0007 ~> 2441/43 ,3968-004-009-0106 ADMINISTR._ .VE SERVICES · KATHLEEN McCLI. ~. .EY, DIRECTOR C, ammy to Ou~ Olymldm ara H~..~ of O~e Puget Souna Nam1 $~Opyma May 12, 1997 Notice of the hearing on the Assessment Roll for Local Improvement District No. 329 for curb and gutter, sidewalk and storm drainage improvements along portion of Jenner Avenue. TO: <<TO>> <<ADDRESS>> <<STATE>> TAX LOT NUMBER: ,TAX LOT>> ASSESSMENT: $((ASSESSMENT>> As the reputed owner of the above described property, you are hereby notified that the Assessment Roll for Local Improvement District No. 329 is now on file in the office of the City Clerk, and is open for inspection. Local Improvement District No. 329 provides for the improvement of curb and gutter, sidewalk and storm drainage along portions of Jermer Avenue, together with the doing of any and all other work in connection therewith as may be necessary to make such a complete job, all in accordance with ordinance No. 4458 passed by the City Council on the 12th day of June, 1996, creating said Local Improvement District No. 329 and providing that payment for said improvement shall be made by special assessment upon the property in said district specially benefited by such improvement. You are further notified that the hearing on such Assessment Roll is fixed for 6:00 P.M., or after, on Wednesday, the 18th day of June, 1997, at City Council Chambers, City Hall, in Bremerton. You are further notified to file any objection you may have to such assessment, or the assessment Roll, in writing at or before the time scheduled for hearing with the City Clerk, which objection, if any, must state clearly the grounds thereof. Failure to make objections in the time and manner herein stated shall be waived. BY ORDER OF THE CITY COUNCIL CITY CLERK 97297m'4~ 239 4TEt STREET · BREMERTON, WA 98337 · (360) 478.5290 · FAX (360) 478-521X1 TO ADDRESS STATE RE TAX LOT ASSESS MENT Wayne 7410 Lazy S. Ln Bremerton, WA 2419-21 Jenner Ave, 3915-000- 2,130.67 Manchester NE 98310 Bremerton 010-0006 Richard 2423 Jenner Ave Bremerton, WA 2423-25 Jenner Ave 3668-004- 1,718.28 Herse¥ 98310 009-0403 Joseph 2429 Jenner Ave Bremerton, WA 2427-29 Jenner Ave 3968-004- 1,718.28 Palmer 98310 009-0304 Deballi 1187 Pear Tree Ln Napa CA 94558 2433-35 Jenner Ave, 3968-004- 1,718.28 Bremerton, WA 98310 009-0205 Ben & Carol 6058 Osprey Bremerton, WA 2437-38 Jenner Ave, 3968-004- 1,718.28 Zlateff Circle 98311~1., Bremerton 009-0304 Amos & 12121 Wallingford Silverdale, WA 2441-43 Jenner Ave, 3968-004- 1,065.34 Diane P1 N'W 98383 Bremerton 009-0007 Gordon STATE OF WASHINGTON ) cOUNTY OF KITSAP ) The undersigned, being first duly sworn on oath, deposes and states: I am a resident of the State of Washington, am of legal age, and am competent to be a witness. On/(7~.~c~/,5- , 1997, I mailed a copy of a Notice of the hearing on the Assessment Roll for Local Imprc.:,ement District No. 329, for the improvement of curb, gutter and sidewalk along portions of Jenner Avenue to all the property owners in the LID District as listed on the attached mailing list for first class mail, postage prepaid. SIGNED AND SWORN TO before me this ~ day of(~'~?- , 1997, by Kathleen McCluskey l'~tary P~blic i~ ,~nd 'for the Sta~o~rof Washington, residing at Bremerton. My appointment expires: 6--/~- ¢'~ 9729'/BA',bk ENGINEER'S CERTIFICATE To the City Council of the City of Bremerton, in accordance with Ordinance No. 4558 which created Local Improvement District No. 329, I have prepared the following Assessment Roll pursuant to the laws of the State of Washington. I find that the actual cost of said improvement is $10,069.14. Said amount is to be equitable apportioned and assessed against the property owners specially benefitted from said improvements, as specified in the Assessment Roll. The Assessment Roll consists of 1 sheet and 1 diagram, and is a true and correct Assessment Roll for the aforesaid improvement, I hereby submit the roll for equalization and confirmation. SUBMITTED this .9 day of l~g'~ ,1997. RANDY WlTT, City Engineer CERTIFICATE OF CITY COUNCIL This is to certify the Assessment Roll for Local Improvement District No. 329 was confirmed by Ordinance No. of the City of Bremerton, on the __ day of ,1997. DAVID FARR, Council President KATHLEEN McCLUSKEY, City Clerk 97140B/bk RESOLUTION NO. ,,~"5~9/ A P,.ESOLLrT]ON setting a date and time for thc hearing upon the assessment roll for Local Improvement District 329 and directing the issuance of said hearing by mail and publication. WHEREAS, an ordinance providing for the sidewalk improvements on a portion of Jenner Avenue and establishing Local Improvement District 329 has been passed by the City Council; and WI-IEREAS, the assessment roll for Local Improvement District 329 providing for the assessments for said improvements has been filed with the City Clerk of the City of Bremerton; now, therefore, BE IT RESOLVED by the City Council of the City of Bremerton: That the 18th day of June, 1997, at 6:00 p.m. or after of said day at the Council Chambers, City Hall, Bremerton, Washington, be and the same is hereby fixed at the time and place of the hearing upon said assessment roll and that any person who desires to object thereto must make their objections in writing and file them with the City Clerk at or prior to the date set for hearing. That the time and place fixed for hearing and at times which the hearing may be adjourned, the Council will sit as a Board of Equalization for the purpose of considering the roll and the City Council will consider the objections made and will correct, revise, raise, lower, change or modify the roll or any part thereof or set aside the roll and order the assessment to be made de novo. BE IT FURTHER RESOLVED, that the City Clerk be and she is hereby directed and authorized to give notice of the time and place of said heating by publishing notice of hearing at least once a week for two consecutive weeks in the official newspaper of the City of Bremerton, the last publication to be at least fifteen (15) days before the date fixed for hearing. The City Clerk shall further give notice of said hearing by mailing a notice at least fifteen (15) days prior to said hearing to the owners or reputed owners of the different properties whose names appear upon said assessment roll at the address of such owners as described on the tax rolls of the County Treasurer for each property described on the list. PASSED by the City Council of the City of Bremerton this ~Clay of.~2~, 19~q-Z. DAVID FARR, Council President AN ORDINANCE ordering the Sermer Ave Sidewalk Improvement Project all in accordance with Resolution No. 2S45 of the City Council; establishing Local Improvement District No. 329; ordering the carrying out of the proposed improvement; and providing that payment for the improvement be made by City funds and special assessments upon the property in the District. WHEREAS, by Resolution No. 2545 adopted May 1 $, 1996, the City Council declared its intention to order the improvement of Jenner Avenue, and fixed June 5, 1996 at 6:00 p.m. or later, in the Council Chambers of the City Hall as the time and place for hearing all matters relating to the proposed improvement and all objections thereto and for determining the method of payment for the improvement; and WHEREAS, the City Engineer caused an estimate to be made of the cost and expense of the proposed improvement and certified that estimate to the City Council, together with all papers and information in his possession touching the proposed improvement, a description of the boundaries of the proposed local improvement district and a statement of the cost and expense of the improvement to be borne by the property within the proposed district and which are on file in the Office of the City Engineer; and WHEREAS, that estimate is accompanied by a plan of the proposed improvement showing thereon the lots, tracts, parcels of land, and other property which will be specifically benefitted by the proposed improvement and the estimated cost and expense thereof to be borne by each lot, tract and parcel of land or other property and which is on file in the office of the City Engineer; and WHEREAS, due notice of the above hearing was given in a timely manner provided by law, and the hearing was held by the City Council on the date and at the time above mentioned, Page ! and ail objections to the proposed improvement were duly considered by the City Council, and ail persons appearing at such hearing and wishing to be heard were heard; and WHEREAS, the City Council has determined it to be in the best interests of the City that the improvement as hereinafter described be carried out and that a Locai Improvement District be created in connection therewith; NOW, THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. That the area described as: Beginning at the northwest comer of Lot 9, block 4, Fourth Addition to Sheridan Park; Thence south aiong the west line of said Block 4, and continuing south along the west line of Dewey Addition to the southwest comer of Lot 10 of said Plat; thence northeasterly aiong the south line of said Lot 10 to the West margin of Jenner Ave; thence northerly along said west margin to the northeast comer of Lot 9, Block 4, Fourth Addition to Sheridan Park; thence northwesterly aiong the north line of said Lot 9 to the Point of Beginning. be improved by the construction of necessary curb and gutter and sidewalk, together with the doing of any and all other work in connection therewith as may be necessary to make such improvement a complete job. All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City Engineer, and may be modified by the City Council as long as such modification does not affect the purpose of the improvement. Section 2. That the maps, plans and specifications prepared by the City Engineer, now on file in the office of said City Engineer, for the aforesaid improvement be and the same are hereby adopted. Page 2 Section 3. That there is hereby established and created a local improvement district, Local Improvement District No. 329. Payment of the costs and expense of the improvement herein ordered to be assessed shall be paid from available city funds. The collections of special assessments, interest and penalties thereon shall be deposited in the City fund incurring the expense of constructing the improvements. Section 4. The total estimated cost and expense of the improvement is declared to be $10,400 of which $2,000 of that cost shall be paid from the City's stormwater utility funds, and the remainder thereof shall be borne by and assessed against the property specially benefitted by such improvement included in the District which embraces as nearly as practicable all property specially benefitted by such improvement. Section 5. In accordance with the provisions of RCW 35.44.047, the City finds that a per linear foot of improvement method of computing assessments may be deemed to fairly reflect the special benefits to the properties being assessed. Section 6. The preliminary assessment roll on file in the City Engineer's office is hereby confirmed and adopted. Section 7. Within fifteen (15) days of the passage of this ordinance there shall be filed with the City Treasurer the title of the improvement and District number, a copy of the diagram or print showing the boundaries of the District and the preliminary assessment roll or abstract of such roll showing thereon the lots, tracts and parcels of land that will be specifically benefitted thereby and the estimated cost and expense of such improvement to be borne by each lot, tract or parcel of land. The City Treasurer immediately shall post the proposed assessment roll upon his index of local improvement assessments against the properties affected by the local improvement. Page 3 Section 8. Engineering and surveying costs as provided under the supervision of the City Engineer, and other necessary costs such as legal, financing, accounting, clerical and advert/sing described in RCW 35.44.015(2)-(5) and (7) and City Policy #1-17, shall be included in the costs to be assessed against the properties in the local improvement district. Section 9. 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~, 1996. PASSED by the City Council of the City of Bremerton this/_~Lflay of~~_, 1996. ~Otq~AW, Council President Approved this [~ day of -'~'~ ,1996. LYNN S. HORTON, Mayor ATTEST: L. MccLU~EY, City Clerk KATHLEEN 96395 · TA'I~ OF WASHINGTON '~ COUNTY OF KITSAP I SS The Above and foregoing is Hereby Certified to be a true and correct copy of; CityCle~/,'~7,~4~.'[/',--~' Page 4 EFFECTIVE DATE PUBLICATION DATE ORDINANCE NUMBER 7-q6 _ AGENDA BILL - BREMERTON CITY COUNCIL SUBJECT: PUBLIC FIEARING Surplus of Properties north of the Wastewater Treatment Plant FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 2. CLEARANCES: (Comment on bfi~k~ 3. EXHHIlTS: Director PW&U ~/U~j~~ · (1) City Attorney ~ * (2) City Clerk ~ \~,,. C ~ · (3) City Treasurer Purchasing Manager _ .~~~.~ ~Operations Corn mitt ee~,~/~--/,~-~,~~~-_~ ~Fisc~ & Budget Comm.3 E~O~E~NT MAYOR June ! E 1997 Public Works & Utilities P.R. Lucas, Admin Analy~ ~rSz'~~ May 20, 1997 Map Showing Area Involved Listing of Lots Affected Excluded Properties 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 in the vicinity of the WWTP. Currently, the City either owns or is in the process of arr/tri/"~g all the properties, less 4321 "C" Street, identified and authorized for condemnation by City Ordinance 4533. The improvements on these properties are determined to be surplus to the City's needs. City Council action is requested to authorize disposal by demolition or sale, as determined appropriate by the Mayor, of the improvements to those properties in the general area shown in Exhibit (1) and specifically identified in Exhibit (2). The City will retain ownership of the land at this time. BMC Chapter 2, Section 78 dictates policy and steps to be taken to sell property owned and determined to be surplus by the City. Following Council approval, appropriate ads and notices will be published by the Public Works & Utilities Department. Three properties within the condemnation area are excluded fi.om this request, and are specifically identified in exhibit (3). 8. RECOMMENDATION: That the City Council hold a Public Hearing and, following the heating, desi~s s_u~mlus those improvemems to properties identified in Exhibit (2) and authorize the Mayor to determine the most appropriate way for disposal of those improvements. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Dir, Public Works & Util Administrative Analyst N/A N/A PULLED TABLED COUNCIL DIRECTIVE: DATE: 10. NOTICE OF ACTION APPROVED DISAPPROVED 11. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City will retain ownership of property improvements surplus to the City's needs. 6. IMPACT ON STAFFING~ BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: None 7. RESEARCH SOURCES: BMC Chapter 2, Section 78 3nhr~v o~rvA39no8 NOJ.~3143BB 3(1N3A¥ AYB ;H3iSAO ~00 ~O]B 3nN3AV NVIfl,LLO0 ~ctO X3098 ~1.0 X3098 3rIN3A¥ ONISNV9 s.umn ~o LO0 NW~UOD OLO >~D098 Z 0 ILl © I--UJ SPECIFIC PARCELS TO BE SURPLUSED ADDRESS Parcel N of W~VTP on Oyster Bay Ave Lot Adj/N 548 Oyster Bay Ave 548 Oyster Bay Avenue 550 Oyster Bay Avenue 904 Oyster Bay Avenue 912 Oyster Bay Avenue 1102 Oyster Bay Avenue 1011 Bayview Drive 1111 Bayview Drive 1115 Bayview Drive Park E of 1115 Bayview Drive 1202 Bayview Drive 1203 Bayview Drive Strip E of 1203 Bayview Drive 1204 Bayview Drive 1305 Bayview Drive 1318 Bayview Drive 1320 Bayview Drive 1322 Bayview Drive Parcel Behind 1322 Bayview Drive 1323 Bayview Drive 1329 Bayview Drive 4306 "C" Street 4312 "C" Street 4313 "C" Street 4318 "C" Street 4320 "C" Street 4304 "D" Street (Land) 4304 "D" Street (Mobile Home) 4306 "D" Street 4308 "D" Street 4310 "D" Street 4313 "D" Street 4315 "D" Street 4316 "D" Street 4317 "D" Street 4318 "D" Street 4319 "D" Street 4320 "D" Street 4310 "E" Street Lot Adj to 4310 "E" Street TAX 1D NUMBER 222401-3-004-2001 4502-014-007-~ 4502-014-010-0004 4502-014-010-0202 4502-021-001-0000 4502-021-033-0002 4502-025-001-0001 4502-024-010-0003 4502-025-009-OO03 4502-025-024-0004 4502-025-012-0008 4502-028-010--0004/009-0007 4502-028-011-0003 4502-028-022-0000 4502-028-025-0007 222401-3-001-2004 4600-018-038-0004 4600-018-034-0008 460(g-018~33-0009 4600-018-001-0007 222401-3-006-2009 222401-3-008-2007 4502-028-027-0005 4502-028-029-0003 222401-3-002-2003 4502-028-031-0009 4502-028-001-0005 4502-025-025-0003 9000-008-381-0003 4502-025-026-0002 4502-025-027-0001/034-0002 4502-025-028-0000 4502-028-006-0000 4502-028-005-0001 4502-025-029-0009 4502-028-004-0002 4502-025-031-0005 4502-028-00~3 4502-025-032-0004 4502-024-027-0004 4502-024-025-0204 1997 ASSESSED VALUE $ 6,&30.00 $ 2,450.00 $18,290.00 $82,70O.00 $43,390.00 $18,590.00 $53,970.00 $17,780.00 $ 5,710.00 $62,460.00 $'94,23O.OO $ 320.00 $55,450.00 $ 6,53O.OO $72,400.00 $56,470.00 $ 4,080.00 $49,83O. OO $50,650.00 $39,28O.OO $.39,150.00 $86,88O.OO $ 9,89O.OO $ 3,610.00 $71,260.00 $26,24O.OO $38,OOO.O0 $32,5OO.OO $44,030.00 $29,63O.O0 $32, 100.00 $41,800.00 $49,97O.OO $16,330.00 Exhibit (2)/Page 1 Lot Adj/E to 410 "E" Street _ 4311 "E" Street 4313 "E" Street 4315 "E" Street 4319 "E" Street Lot on Oyster Bay Ave & "E" Street 4321 "E" Street 4322 "E" Street 4325 "E" Street 4313 "F" Street 4317 "F" Street 4318 "F" Street 4321 "F" Street 4325 "F" Street 4328 "F" Street 4331 "F" Street 4313 "G" Street 4317 "G" Street 4318 "G" Street Lot Adj 4318 "G" Street 4327 "G" Street 4338 "G" Street 4536 "G" Street 4329 "H" Street 4335 "H" Street 4336 "H" Street 4338 "H" Street 4343 "H" Street (Land) 4343 "H" Street (Mobile Home) 4502-024--024-0007 4502-025M)04-0008 4502-025-007-0005 4502-02.eM)05-0007 4502-025-008-0004 4502-024-034-0005 4502-025-003-0009 4502-024-032-0007 4502-025-002-0000 ..... 4502-024-008-0007 4502-024-007-0008 4502-021-028-0009 4502-024-005-0000/030-0009 4502-024-003-0002 4502-021-031-0004 4502-024-001-0004 4502-021-008-0003 4502-021-006-0005/005-0000 4502-020-009-0004 4502-020-028-0001 4502-021-003-0008 4502-020-032-0005/030-0106 4502-020-035-0002 4502-020-007-0006 4502-020-003-0000 4502-014-011--0003 4502-014-010-0103 4502-014-012-0002 4502-014-012-0101 4502-020-001-0002 9000-005-077-0008 $ 4,080.00 $29.810.00 $ 4900.00 $39.960.00 $20 080.00 $11.430.00 $24.400.00 $3 1.680.00 $66.560.00 $52,120.00 $35,840.00 $80,880.0O $69,940.00 $62,410.00 $44,000.00 $58,140.00 $32670.00 $42,070.00 $71.000.00 $16.330.00 $54. 100.00 $72.630.00 $11 430.00 $49 370.00 $63.450.00 $64 550.00 $75,630.00 $22,120.00 $12,710.00 Exhibit (2)/Page 2 PROPERTIES INCLUDED IN C(~NDEMNATION ORDINANCE, BUT E'~XCLUDED FROM THIS SURPLUS ACTION ADDRESS Lot N/Adj ! 201 Oyster Bay Ave 1201/1203 Oyster Bay Avenue 1205 Oyster Bay Avenue TAX ID NUMBER 4546-003-009-0008 4546-003-007-0000 4546-003-006-0001 1997 ASSESSED VALUE $ 8,160.00 $117,$10.00 $ 57,560.00 Exhibit (3)