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HomeMy WebLinkAbout01/31/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA J]tNUARY 31, 1996 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. ~utes - January 10, 1996, Bid Award Recommendation - Gold Mountain Golf Course Primary Electrical Conduits & -Telephone Conduit CLAIMS/CHECK REGISTERS #AB96-019 #AB96-020 /~ 4. COUNCIL MEMBER REPORTS 5. MAYOR'S REPORT 6. PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) e NEW BUSINESS A. Gold Mountain Golf Course Expansion Phase I, Fore, Inc., - Change Order 92 B. Professional Services Agreement For Sinclair Landing Consultant Ben Pollock C. Appointment To The Civil Service Commission - Robert A. Lewis De Appointment To The Parks And Recreation Commission - Charles McWorter #AB96-021 ~1 (CONTINUED NEXT PAGE) E. Appointment To The Parks And Recreation Commission -Barry N. Cook Appointment To The Board Of Appeals, Housing/ Building Codes - Robert W. Fox G. Appointment To The Board Of Appeals, Housing/ Buildinq Codes - James W. English RESOLU_~ TION A. Resolution #2539, To Reorganize The City's Loss And Safety Management Program And To Repeal Resolution #2126 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL ~INUTES - JANUARY 10,' 1996 FOR AGENDA OF: 1-31-96 ORIGINATING DEPT: City Council ORIGINATOR: 3ohn Law~ President DATE SUBMITTED: 1-25-96 2. ~: (comment on back if necessary) 3. ~XHIBITS: ENDORSEMENT__ INFOR~4ATION__ APPROVED BY COUNCIL PR~SIpENT FOR SUBMITTAL: COUNCIL PRESIDENT' ,L'~ .~'.~-~J--~ ~AYOR ~ 4. SUMMARY STATEMENT AND REOUIREMENT FOR'COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED TAPE #1349 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES JANUARY 10, 1996 The regular meeting of the City Council of the City of Bremerton was called to order in the City Council Chambers, 239 4th Street, Bremerton, Washington, Wednesday, January 10, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were Bob Winters, A1 Colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, David Farr, Richard Neville, and Lon Overson. Also present were City Attorney Ian Sievers and Deputy City Clerk Gil Johnson The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Reverend Calvin Fann of Emmanuel Apostolic Church. ELECTION OF CITY COUNCIL OFFICERS President Huff-Menees opened nominations for the position of City Council President: Mr. Farr nominated Sherril-Huff Menees Mr. Winters nominated John Law M/S/C/U(Neville/Montgomery) that nominations be closed. Results of balloted vote: John E. Law, City Council President President John Law was seated as City Council President and thanked Sherril for having worked so hard to make sure the Council was well organized and he looked forward to as good a years as she created this past year. President Law opened nominations for the position of City council Vice President: Mr. Neville nominated David Fart Mr. Overson nominated Carlos Montgomery Mr. Winters nominated Richard Neville M/S/C/U(Overson/Montgomery) that nominations be closed. Results of balloted vote: Richard Neville as City Council Vice President. President Law opened nominations for the position of Mayor Protem: Mr. Overson nominated David Fart President Law nominated Bob Winters M/S/C/U(Overson/Montgomery) that nominations be closed. Results of balloted vote: David Fart as Mayor Protem CONSENT AGENDA A. Minutes -- December 6, 1995 #AB96-003 B. Minutes -- December 13, 1995 #AB96-004 0289 #0327 #0352 TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 2 of 13 M/S/C(Neville/Montgomery) to approve the Minutes of December 6, 1995 with the following corrections: deleting the name "Richard" from those attending the City Council meeting (page. 1); and on page 11 under John Thomas' testimony correcting a misspelled word in the middle of the paragraph: "No firefighter will enter a burning buildinq...", not billing". Vote on motion: Motion carried. In Favor: Abstain: Overson, Neville, Farr, Huff-Menees, Montgomery, C01vin, Law McConnell, Winters M/S/C(Neville/Farr) to approve the Minutes Of December 13, 1995, with the correction of stating Mr. Neville's full name - Richard Neville in the section showing those in attendance. Vote on motion; Motion carried. In Favor: Overson, Neville, Farr, Huff-Menees Montgomery, Colvin, Law, Winters Abstain: McConnell CLaIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on January 10, 1996, the Council does approve for payment those vouchers included and further described as follows: 183857 through 183864, 183881 through 194209 in the amount of $698,854.15; and Regular Payroll for the period ending 12-31-95, in the total amount of $621,208.36. President Law made the following announcement: (1) City Council Study Session on January 22, 1996, starting at 5:30 P.M., in the Council Conference Room. Topics of discussion (1) Construction Project Update; (2) Telemetry Demonstration; (3) Concession Support/Parks & Recreation Department. (2) City Council Executive Session, immediately following this Council meeting to discuss "Review Of Personnel Performance". (3) City Council Study Session on January 24, 1996, 5:00- 5:25 P.M., in the Council Conference Room. Topic to be discussed: "City's Wellness Program". COUNCIL MEMBER REPORTS Mr. Overson complimented Mrs. Huff-Menees on the excellent job she did as City Council President, especially during some very TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 3 of 13 difficult Council sessions, by always maintaining her composure, patients and professional demeanor. He believes she was the most active of the Council members in and out of the Council and her knowledge of County government has been beneficial to the City. He strongly encouraged her to continue her involvement on Kitsap Regional Planning Council as well as the Sinclair Landing project. Mr. Fart referenced a newspaper article in The Sun detailing the health problems of Donald Pratt, Director of Community Development, who had undergone recent cancer surgery. He was pleased to report Mr. Pratt came through the surgery and was recovering perhaps a little better than anticipated. Mr. Pratt anticipates being in the hospital for about nine days and he wanted to thank everyone who had though of him and offered their prayers for his recovery. Mrs. Huff-Menees congratulated Mr. Law on his being elected as Council President and offered any support and assistance he might need from her. She thanked all of the Council members for their support and assistance during her term as City Council President. She also wished Mr. Pratt well as well as his family members. She requested that any citizens interested in being on a Citizens Advisory Committee for the purpose of discussing the Gorst- Bremerton Connector project, and specifically the gateway into Bremerton, please contact the City Council Office 478-5280. Since that project has been approved and is moving ahead through the process, the intent is to stay ahead of the game in terms of what it actually might look like and have citizens participation in that development. The intent is to have a wide-spread citizen representation on that committee, so there is no restriction that one must live in a particular district. Anyone interested in this committee may also contact her directly at 373-1241. Mr. Montgomery announced Districts #6, #7 and #8 will hold a Combined District Meeting on February 1, 1996, 7:00 P.M., at the Bremerton School District Administration Building on Montgomery Avenue and Burwell Street. The main topic for that meeting will be the Sinclair Landing Association presentation. Mr. McConnell reported on Tuesday, January 9, District #2 held its first District meeting, and those attending that meeting were enthusiastic. He came away from the meeting with the impression that District #2 is going to have a very productive future. Mr. Colvin thanked his wife Hazel for her continued loving care chauffeuring him so that he could attend to City business. He also complimented Mrs. Huff-Menees on the wonderful job she did as Council President and that he enjoyed serving under her leadership. He congratulated Mr. Law on his being voted Council President and thanked Mr. Winters for his year of service as Mayor Protem. TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 4 of 13 Mr. Winters congratulated Mr. Law on his being seated as Council President and thanked Mrs. Huff-Menees for her service as out-going Council President. He extended congratulations to Councilman Fart for his election as Mayor Protem. He noted Councilman Neville will again serve as Council Vice President and congratulated him on his retaining that position. He referenced a letter he received from Mel Wortman in which he indicated that he agreed with Mr. Winters on several recent decisions, the Anderson Creek issue and the condemnation issue, and Mr. Winters thanked him for that. Mr. Winters offered his apology for not responding in a more timely manner to Mr. Wortman's concerns; however, he did want him to be aware that Councilman Montgomery is Mr. Wortman's Council representative, not Mr. Winters. Mr. Law expressed his thanks to his fellow Council members for electing him President. He announced the next District #3 Neighborhood Meeting will be held January 16, 1996, 7:00 P.M., at the Senior Center. The subject for that meeting will be the downtown development plan and as representative of District #3, is interested in concerns and questions residents may have. PUBLIC RECOGNITION Police Chief Paul DuFrense introduced Lt. Ron Mox, who was unable to attend the earlier swearing in of Lieutenants and would now be sworn in by Municipal Court Judge Bruce Martin. Judge Martin administered the Oath Of office to Lt. Mox. Police Chief Paul DuFrense introduced the City's newest Police Officer Wendy Davis, who recently completed her Police Academy training and had the distinction of being No. 1 overall in her Police Academy class of 21 candidates. Officer Davis served as a Bremerton Police Reserve Officer and placed No. 1 on the Civil Service examination. President Law extended congratulations to Lt. Ron Mox and welcomed Officer Davis. Charles Brown referenced the sinclair Landing Association issue that was acted upon by Council at the December 20, 1995, City Council meeting, and raised the following concerns: (1) The City Attorney was not present to answer questions and the Sinclair Landing Associations' attorney was present and answered question; (2) the possibility of a conflict of interest issue with the following individuals serving on the SLA Board Of Directors: Kitsap County Commissioner Phil Best, Councilman Sherril Huff-Menees, Port Of Bremerton Commissioner Fred Schoneman, Mayor Lynn Horton. He wanted the public to know that Commissioner Schoneman has removed himself from any voting or discussions on the SLA. (3) He now understands that the Memorandum Of Understanding (MOU) has been TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 5 of 13 revised by Kitsap County and the Port Of Bremerton. He questioned if the City Council will vote on a revised MOU? (4) When he attended the December 20 meeting, there were very few questions raised about the SLA's budget. Another concern he wished to convey to Council was the problem of a parking lot vacuum truck operating between 2:00 AM - 3:00 AM at K-Mart on Wheaton Way. He asked if the City had a noise ordinance in affect that would prevent such activity since he was being impacted four blocks away at his residence. (5) He would like to see the City provide a budget payment plan for City sewer and water charges, such as that used by Puget Power, which averages the total amount of his bill spread out over 12 months. Ed Pietras thanked his Council representative Sherril Huff-Menees for a job well done as Council President and congratulated John Law as the new Council President. He announced the Martin Luther King Jr. Scholarship Fund luncheon will be held Sunday, January 14, 2:00 P.M., at the Kitsap Golf And Country Club. The cost for this event is $15.00; the Guest Speaker is King County Councilman Ron Sims. Peq~ Adkins, 10183 W. Old Belfair Highway, Bremerton, WA 98312, thanked the City for cleaning up the mess left after the tree cutting along the Old Belfair Highway. However, after the recent wind storm more tree limbs and debris have fallen on the roadway and need to be cleaned up so people can walk or ride their bike along the side of the road. She pointed out there is a 6-8 inch deep rut on the right side of the road near McKenna Falls Road. Carol Atkinson, Bremerton Main Street, invited anyone interested in serving on the Blackberry Festival Committee to attend their first meeting on Thursday, January 11, 1:00 P.M., in the Police Resource Division Conference Room. Also, the first St. Patrick's Day planning session will be held on January 24, 8:00 A.M., in the Main Street Conference Room. 7A - WARREN AVENUE BASIN CSO REDUCTION PROJECT~ CHANGE ORDER ~4~ # B96-00 Change Order #4 includes extra work items, and an increase in the asphalt concrete pavement and reconnect existing side sewer items. The cost for extra work is $84,194.69. A summary of the extra work is attached to the change order. The increased cost in asphalt concrete pavement is $173,125.00. This increase is a result of an error in the amount included in the bid proposal. The increased quantity of side sewer re-connection could not be anticipated and resulted in a cost increase of $28,900.00. The total cost of Change Order #4 is $286,219.69. This would increase the total contract amount to $3,588,041.72. This amount is within the project budget. TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 6 of 13 Tim Richard, Senior Engineer, explained the Change Order includes the following: (1) Adjust the unit for Bid Item 40 (Asphalt Concrete Paving, Class B) from $12.50 per square yard to $72.00 per ton and increase the total quantity to 2,500 tons. This quantity of asphalt was required to restore the storm/sanitary sewer trenches in accordance with the City's standards and in accordance with the plans for this project. The asphalt quantity estimated in the bid proposal for this project was incorrect due to an error by the Engineering consultant plans in their estimate of the area and depth of the asphalt resulting in the underestimation of the quantity in the proposal. The quantity included in the change order is the correct quantity of asphalt for this project. The unit bid price for the asphalt was significantly lower than what the City has received on other recent projects. Mr. Richard apologized to Council for not bringing this item to them previously, but he did not realize the magnitude of the consultant's underestimation of quantity of asphalt until the paving over the past few months. He has discussed this item with the consultant engineer and they plan a meeting on conclusion of the project to evaluate their performance in preparation of plans and specifications. Item is extra work in the amount of $84,194.69, which is miscellaneous extra work encountered during construction. The primary items are associated with the delays to the outfall construction at Evergreen Park resulting from the delay in getting a lease from the Department Of Natural Resources, also costs associated with a 16-inch water line conflict with the 36-inch storm main and the demolition of the quonset hut. There are other items such as unmarked water services and a few problems that were encountered. Item 3 is an increase in the coined from 40 to 108 side sewer reconnections and the amount of this increase is $28,900. There is no real way to estimate or predict how many side sewers will be discovered on a job like this and because it was a large diameter storm sewer can't change the grade once you are laying a run of pipe so it had to be relocated. The full amount of the Change Order is $286,219.69 and it is within the project budget and contingency established when the project was approved by the City Council. Roy McInnls, Maple Street, stated if he remembered correctly when this project came before Council some time ago, a question was asked by one of the Council members regarding the dollar figure given for asphalt. He asked how close was this project when the figures were given earlier? He felt the requested change was steep in the amount it takes to complete a particular project. Mr. Richard stated the consulting engineer that put the plans together made an error in the estimate of the amount of asphalt for the project. The total quantity dollar wise is $173,000. The asphalt paving required for the job was not shown correctly in the original TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 7 of 13 bid proposal from the contractor because of the consultant's error. Mr. Neville pointed out the proposal was in error by 2,500 tons at $72.00 per ton. Mr. Winters stated when this item was presented at the Council Operations Committee it greatly concerned him and he thanked Mr. McInnis for being a concerned and attentive citizen and asking the right questions. He asked who was the consulting engineer? Mr. Richar4 stated Parametrix Inc. Mr. Winters asked how much did the City pay Parametrix for that information? ~r. Richard stated he believed the amount for the total design and modeling for this project was $550,000. Mr. Winters asked by how much was the estimate off from the required amount? Mr. Richard stated $160,000. Mr. winters asked how does the city remedy this now and what do we plan to do in the future to insure more accurate engineering estimates? Mr. Richard explained the quantity he cited is the quantity necessary to complete the project properly. They have met with the consultant and will meet again in addition to their being evaluated at the end of the project. Normally, the consultants have a Q&A, which they usually double check and the Engineering Department tries to do the same thing in-house. This project's design was completed at the time he hired on with the City. Parametrix's performance will be considered in future selection processes. Mr. Winters asked if the consulting firm's engineers change any methods in order to miscalculate? Mr. Richar4 stated yes, originally they had the quantity for resurfacing broken into three different categories, i.e, asphalt over concrete, concrete and asphalt pavement. Typically, that category is usually separated into two items, concrete and asphalt, and that separation was done after they prepared the original quantity and carried the concrete in the concrete quantity, but failed to carry the asphalt in the asphalt quantity and that is the significant portion of the error. The consultant's estimate for the project was approximately five million dollars and he believes that was based on a closer estimate than what was provided in the proposal. Mr. Winters asked if the work is completed, and if not how close? Mr. Richard stated the work is nearly 95% complete. Mr. Colvin asked the City Attorney how much of a mistake can be made without any recourse? Ian Slevers, City Attorney, stated it is a considerable amount of money, except the City is actually getting value for the amount of money being spent on the correct amount of asphalt required for this project. If the City made the consultant engineer pay for the shortfall, the City would be getting a windfall. There can be some costs or consequences to the City because of the engineering mistake and estimates, but those would be more related to transactional costs, such as correcting the mistake, added paperwork, additional staff time, maybe some TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 8 of 13 delays in the project, maybe some additional financing costs to obtain additional funding. Toward the end of the project, he and Mr. Richards can review the project to see if there were some of those kinds of costs that could be passed on to Parametrix Inc. Mr. McConnell asked if it was standard procedure to complete the additional work prior to getting Council's approval? Mr. Richar4 stated normally he includes an item in the Bid Proposal for Force Account work and unexpected things like water services, etc. There is a formula in the contract and standard specifications in the State of Washington that allows for that kind of situation. Mr. McConnell stated he would prefer that Council approval be given before the money is spent. Mr. Winters referenced Mr. Sievers' comment about the City receiving a windfall if the consultant engineer was required to cover the additional costs. He questioned why is it wrong to have a windfall? Mr. Sievers stated you need damage before you can get a cause of action to go to Court. The Court would rule that the City has a project that is worth the total amount plus the additional amount of asphalt. The only damage that would be caused by Parametrix was in providing the information on the proper quantity later rather than sooner at the beginning of the project, and the city would have to show how it was injured by that late information. Mr. Overson stated he sees the City having two problems: (1) the City or a representative of the City apparently obligated the City to pay for this without full authority and now the City has to cover that individual, which is a point of concern. But, he did believe if it was pushed to the limit, the City could tell the contractor you gave us the bid and that is what is paid. Otherwise, what the City would be doing is telling the contractor as time goes on the bid can be changed, thereby encouraging non- professional input. Council has discussed with staff previously the need to insure the authority is in place before a contractor's bid is changed or before modifications like this are made and paid for. He asked the City Attorney if the City was within its rights to tell the contractor they would be paid based on their bid? Mr. Slevers pointed out it was not the contractor that made the error in his bid, but rather the information or request for bids that was given to them. Parametrix Inc., developed the City's specifications, which were incorrect. Hr. Overson stated then what Mr. Sievers was saying was it really lies with City Staff that made the decision to go ahead and finish it off and promising the contractor they would be paid. Mr. Sievers stated he was not sure about the timing and authority on the change order. It looked like there should have been prior authorization. #1876 TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 9 of 13 Mr. Winters stated he understands the contractor did perform the work based on the information given to him. However, does the City have the right to go back to the engineering consultant for recovery of this payment? Mr. Sievmrs explained the consulting engineer is actually the City's side in putting out the contract specifications and that is really what our project should have cost and is the value received in the final analysis unless the City can show that a delay caused by the consultant's error caused the City some injury and additional cost. Mr. Colvin stated in other words it would be like the "right hand slapping the left" for something it did, its all in-house. Mr. Slevers stated no, the City does have a contract, not in-house, and the City did pay Parametrix, Inc., a substantial fee and they can cause harm and cause a lawsuit from the City. But, it is not the kind of injury where a consultant miss-designed something and it recreates a sinkhole in the street causing remedial action for waste of materials and labor. This was an error, but the City is receiving the value for the price being paid. Mr. Montgomery asked when a contractor bids on a project, does he do the same work as the consultant in determining the cost of the project, or does he just take the consultant's figures? Mr. Richard explained the bid proposal only requests that the contractor provide unit bid prices, which is the normal procedure. M/S/C(Farr/Huff-Menees) to approve Change Order #4 to the Warren Avenue Basin CSO Reduction Project Contract and authorize the Mayor to execute the same, subject to City Administrative Policies and Procedures. Vote on motion: Motion carried. In Favor: Abstain: Oppose: Overson, Neville, Farr, Huff-Menees, Law, Montgomery Colvin Winters, McConnell 8A - PUBLIC HEARING TO CONSIDER A COMPREHENSIVE PLANMAP CORRECTION TO ADD AN"INDUSTRIAL PARK't DESIGNATION TO LANDS IN THE VICINITY OF PENDERGAST REGIONAL PARK IN WEST BREMERTON; AND APPROVING ORDINANCEt ~AB96-006 A 1990 Rezone for 236 acres of Pope Resources property included a combination of zones to be integrated into a Planned Unit Development (PUD). Ten percent (10%) of the area was to be "Industrial Park". The exact location would be determined later as the master plan was developed. The City's new Comprehensive Plan did not show the industrial designation. That oversight caused an inconsistency between the Plan and Zoning Maps. The proposed correction will designate approximately 25 acres "Industrial Park TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 10 of 13 (IP)" as originally intended. President Law asked the "Appearance Of Fairness/Conflict Of Interest" question with all Council members being seated. Ron Hough, Planning Manager, stated this request is a minor map correction and is not considered an amendment because it does not change anything in the Comprehensive Plan. This involves a 236 acre piece of property that became Pope Resources property in 1990, when the City made a swap of land with them to add to the protection of the Union River Watershed. Pope Resources' plan for the 236 acres was to design it as a Planned Unit Development (PUD and they wanted to include a variety of densities and a small amount of Industrial Park, so the City approved zoning of a combination of 70% Low Density Residential, 20% Medium Multi- Family/Residential and 10% Industrial Park with the idea it would all be designed as a PUD and processed through a phased SEPA review that began back in 1990. And, each stage of the development would have a small SEPA review as part of that process. In 1995, the City adopted a new Comprehensive Plan. Because this is one large ownership, the City did not want to divide properties with lines for Comprehensive Planning Zoning, so it was all placed under the heading "LDR", which is Low Density Residential, because that was the predominate use in the zoning categories, with the assumption that the zoning would allow that combination and uses. David Cunningham, of Pope Resources, pointed out to the City the possible inconsistency between the Zoning Map and the Comprehensive plan because the Comprehensive Plan did not include the 10% Industrial, so when it comes time to actually develop something someone could bring that up as an appeal issue. Planning staff agreed with Mr. Cunningham that it probably was an inconsistency that needed to be corrected, which was then taken to the Planning Commission, who agreed that 10% of the area approved for zoning in 1990, could be shown as Industrial on the Plan Map. David Cunningham, Pope Resources, provided an aerial map of the subject area and a letter in which they outlined previous zoning action and how that action was not reflected in the 1995 Comprehensive Plan Map. Since the zoning action was taken, they have worked with the City to help share the costs of the road that goes into Pendergast Regional Park and a water line that goes through the park and into their property, and they are prepared to fund and construct a sewer line coming out of their property. They have also tried to do some homework with respect to the environmental conditions, i.e., wetlands, telegraphic studies. When the property was logged in 1995, a City staff person was present during the logging project helping to flag the wetland areas and wetland buffer areas in hopes they could be delineated early on. Recently, they have conducted some marketing studies to TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 11 of 13 determine the best uses for the property. The error they spotted in 1995, was reviewed by the Planning Commission and was unanimously recommended that it be corrected. In the next few months he anticipates bringing to the Planning Department the schematics for what will be a combination of small Industrial Park campus (40-50 acres) and the remainder in residential. They see a real opportunity to have a mixed use project that provides both jobs and housing and in a good location close to the interchange and Pendergast Regional Park. Charlie Brown, 1333 E. Hope Street, stated he was not for or against the proposal. However, initially it was stated 24 acres would be designated as Industrial and then it was stated there would be 40-50 acres. Mr. Cunningham stated at the time of the original zoning there were about 25 acres, 10% of the property, allocated Industrial. There are possibly 10 or 15 more acres situated under the power line in a place that will get sandwiched between Industrial/power lines that would be better used for industrial purposes. Their intent at this time is to only rectify the inconsistency between the current zoning and the Comprehensive Plan. When the PUD plan is brought to the City they will ask for more area to be designated Industrial, but if that is not approved, they will retain it as Residential. Mr. Brown stated he attends Port Of Bremerton meetings and Ports have a requirement to develop industrial parks. It is his opinion that there is already sufficient sources of industrial park space and felt this project would be competing, for that kind of industry, with the Port of Bremerton. He also wasn't sure if someone from the City attends Port of Bremerton meetings, but he felt the two governmental entities should be talking with one another on the issue of industrial parks. Elizabeth Buell, High Avenue, asked if an RV Park would be included in the PUD that would be near the ball fields at Pendergast Regional Park? Mayor Lynn Horton stated at the moment there is no plan for an RV Park, but she has discussed with the Parks Department staff that as soon as the new golf course is completed in 1996, she would like to look at the possibility of putting in an RV facility somewhere between Pendergast Regional Park and the golf course. A financial analysis would be required to consider such a project. She felt the City would benefit from an RV facility and having it located between the golf course the sports complex would be a natural. Mr. Hough stated in response to the comment made earlier about the proposed industrial area competihg with the Port Of Bremerton, he did not see that as a problem. During the Comprehensive Plan process at the County and City level, the Economic Sub-committee looked at commercial land and industrial sites throughout the #2628 TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 12 of 13 County and they felt there was need for 2,000 additional acres of commercial and industrial for the next 20 years. In their review, they found quite a bit of the land was located in rural areas and part of the Hearings Board decision on the County's plan was to pull that back in and not put so much industrial and commercial use in rural areas, but put it in urban growth areas. That is exactly what is being proposed with this site and by providing this kind of land in the urban growth areas, it will take the pressure off the rural areas. These lands were included in the City's industrial inventory since 1990. Mr. Overson stated he appreciated Mr. Brown's observations, but above and beyond that the City's concern is zoning relative to private use of real estate and the private entity is responsible for determining what they want to use their land for based on what is going on in the rest of the area. The City's concern is whether or not the highest and best use of the real estate concerned is as proposed in the zoning. Mr. Montgomez7 stated having sat on the Citizens Advisory Committee for the Comprehensive Plan, industrial parks was a much discussed item and he sees no reason why this proposal should not be approved. M/S/C/U(Montgomery/Colvin) to approve the ordinance, on first reading, correcting a mapping error on the Comprehensive Plan. MAYOR'S REPORT Mayor Horton congratulated Mr. Law on his being seated as Council President. She just returned from Olympia where she testified for the State funding package for the U.S.S. Missouri before the Senate Ways and Means Committee. On Thursday she, along with others, will be testifying before the Transportation Committee and on Friday she will be testifying before the Department For Community Trade And Economics Development. Senator Betti Sheldon will introduce a bill rather than just put it in as a line item in the budget. She felt the Ways and Means Committee was very receptive to the testimony given. TAPE #1349 City Council Reg. Mtg. Minutes January 10, 1996 Page 13 of 13 With no further business meeting adjourned at 6:48 P.M. KATHLEEN L. McCLUSKEY, City Clerk JOHN E. LAW, Council President City of Bremerton KLM/JL/me cc: Normal Distribution File/Vault AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Bid Award-Gold Mountain Golf Course Primary Electrical Conduits & Telephone Conduit FOR AGENDA OF: January 31, 1996 _, ~ ORIGINATING DEPT: Public Works & Util .s~\ ORIGINATOR: Randy Witt, City Engineer DATE SUBMITTED: January 23, 1996 e CLEARANCES: (Comment on back if necess~;y/--~ Director, PW & U~/_~~/ City Attorney Director, Parks & ~c ~~--~ City Treasurer Operations Comm Fiscal & Budget 3. EXHIBITS: Did Opening List Sources & Uses of Funds Layout Drawing ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. S~Y STATEMENT AND REQUIREMENT FOR COUNCIL AC~fb~: Bids were opened on Tuesday, January 16, 1996 for the installation of primary electrical conduits and telephone conduit, pulling, splice and transformer vaults to energize the irrigation pumps and ground maintenance buildings at Gold Mountain Golf Course. Three (3) bids were received for this electrical project (see attached Bid Opening List). The low bidder is RMA Lighting, Inc. for the bid amount of $72,967.50 including Washington State Sales Tax. 8. RECOMMENDATION: The recommendation before the City Council is approval to award this contract to RMA Lighting, Inc. in the amount of $72,967.50 and that if approved, that the ~ity Council authorize the Mayor to execute the same, subject to city Administrative Policies and Procedures. RESPONSIBLE OFFICIAL: Public Works and Utilities Director ENFORCEMENT OFFICIAL: Project Manager EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED [3 TABLED [3 COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED [] DISAPPROVED [] AMENDED [] 11. AGENDA BILL NO.: 2. CLEARANCE COMMENTS: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION - Continuation 5. IMPACT ON NON-PASSAGE: Both the irrigation pump station and grounds maintenance buildings will not be able to be energized by Puget Sound Power & Light Company nor operated for their intended use. 6. IMpACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT AND OTHER RESOURCES: No significant impact shall result in staffing. Sufficient funds exist from the Contingency Expenditures of the basic contract. (See attached Sources and Uses of Funds). 7. RESEARCH SOURCES: CITY OF BREMERTON: BID TABULATION FORM BID OPENING DATE: I/~ ~,/~ ~:" TIME: ~_'~ ' ~-.' ~' OPENED BY RECORDED BY ************************************* ~/ BID BIC NET TAX TOTAL -~Q'~O~ q% ~O, oo /o ANALYSIS NET REMARK~REFERENCE~ERIFICATIONS, ~C. LOW B~ VENDOR: SEC~D LOW BID: SOURCES & USES OF FUNDS GOLD MOUNTAIN GOLF COURSE - PHASE I USE OF FUNDS Consultant: John Harbottle Design $348,550.00 Expended to date $312,830.95 Remaining $ 35,719.05 Construction: Fore, Inc. Contract Base Bid Alternate W.S.S.T Contingency $2,658,481.04 $ 178,660.00 $ 229,808.42 $ 265,848.00 Available Contingency Contingency Expenditures Description Print Plans & Specs. Sale of Plans & Specs. Advertise Project(Ph-I) Survey Clearing Limits Survey (E) Prop Corner Monument JD.21 Electrical Eng. Aerial Photographs Clubhouse Expansion Sch. Design Testing Soils/Concrete Change Order No. 1 W.S.S.T. $3,332,797.46 $265,848.00 Budget Expend Amount To Date $ 3,000.00 $ 2,678.52 <$ 3,000.00> <$ 3,225.00> $ 1,600.00 $ 737.09 $10,000.00 $10,000.00 $ 800.00 $ 838.00 $ 9,000.00 $ 7,422.00 $ oo.oo $ lOO.OO $ 6,600.00 $ 6,600.00 $ 3,000.00 $ oo.oo $ 00.00 PacTech Eng.(Eros.Contr.)$ 1,200.00 Belfair Sand & Gravel $ 5,405.00 Change Order No. 2 $ 00.00 W.S.S.T. $ 00.00 R~L% Lighting, Inc. $84,000.00 (Electrical Primary Power) $ 947.00 $29,925.67 $ 2,423.97 $ 1,200.00 $ 5,405.00 $20,373.80 $ 1,650.27 $72,967.50 Remaining ~ont. Funds $263,169.48 $266,394.48 $265,653.39 $255,653.39 $254,815.39 $247,393.39 $247,293.39 $240,693.39 $239,746.39 $209,820.72 $207,396.75 $206,196.75 $200,791.75 $180,417.95 $178,767.68 $105,800.18 Ancillary Funds Ancillary Expenditures Description Forest Practice Puget Power Water Project Management $77,500 Budget Expend Amount ~_~ $ 5oo.oo $ 500.00 $32,000.00 $ 0.00 $10,000.00 $ 9,366.71 $25,000.00 $15,121.00 Remaining $77,000.00 $77,000.00 $67,633.29 $52,512.29 Total Sources & Uses ......................... $3,758,847 ~lase I Construction H~ON AGENDA BILL BREMERTON CITY COUNCIL ~ Gold Mountain Golf Course Expansion - Phase I Fore, Inc. Change Order No. 2 FOR AGENDA OF: January_ 31. 1996 ORIGINATING DEPT: Public Works & Utils_ Ag ORIGINATOR: Randy Witt. City En_c~ DATE SUBMITTED: January_ 16. 1996 City Treasurer Director, Parks Operations Comm Fiscal & Budget * Sources & Uses of Funds * Change Order No. 2 (for Mayor's Signature) This Change Order No. 2 includes several items that provides the new golf course the additional functionability for maintenance, refinement, and overall manageability. The additive cost for this change order is RECOMMENDATION: (Continuation on Page 2) That the City C6uncil approve and authorize the Mayor to execute the same, subject to City Administrative Policies and Procedures. RESPONSIBLE OFFICIAL: Public Works and Utilities Director ENFORCEMENT OFFICIAL: Project Manager EXPIRATION DATE: N/A REVIEW DATE: N/A PULLED [ ] TABLED [ ] COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED [] DISAPPROVED [] 11. AGENDA BILL NO.: AMENDED [] 2. CLEARANCE CO~WENTS: o SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION - Continuation $20,373.80. There is sufficient contingency to support this expenditure as highlighted on the accompanied "Sources & Uses of Funds" IMPACT ON NON-PASSAGE: NO payment will be authorized to the Contractor, Fore, Inc. IMPACT ON STAFFING. BUDGETS. FACILITIES. EOUIPMENTAND OTHER RESOURCES: No significant impact on staffing is anticipated. Sufficient funding is available for this expenditure as highlighted on the accompanied "Sources & Uses of Funds". RESEARCH SOURCES: SOURCES & USES OF FUNDS GOLD MOUNTAIN GOLF COURSE - PHASE I USE OF FUNDS Consultant: John Harbottle Design $348,550.00 Expended to date Remaining $300,303.00 $ 43,747.00 Construction: Fore, Inc. Contract Base Bid Alternate W.S.S.T Contingency $2,658,481.04 $ 178,660.00 $ 229,808.42 $ 265.849.00 Available Contingency $3,332,797.46 $265,848.00 Contingency Expenditures Description Print Plans & Specs. Sale of Plans & Specs. Advertise Project(Ph-I) Survey Clearing Limits Survey (E) Prop Corner Monument JD.21 Electrical Eng. Aerial Photographs Clubhouse Expansion Sch. Design Testing Soils/Concrete Change Order No. 1 W.S.S.T. PacTech Eng. (Eros .Contr.)$ 1,200 Belfair Sand & Gravel $ 5,405 Change Order No. 2 $ 00 W.S.S.T. $ 00 Budget Expend Amount To Date $ 3,000.00 $ 2,678.52 <$ 3,000.00> <$ 3,225.00> $ 1,600.00 $ 737.09 $10,000.00 $10,000.00 $ 8O0.0O $ 9,000.00 .$ oo.oo $ 6,600.00 $ 3,000.00 $ 00 00 $ oo oo 00 00 00 00 $ 838.00 $ 7,422.00 $ lOO.OO $ 6,600.00 $ 947 00 $29,925 67 $ 2,423 97 $ 1,200 00 $ 5,405 O0 $20,373 80 $ 1,650.27 Remaining $263,169.48 $266,394.48 $265,653.39 $255,653.39 $254,815.39 $247,393.39 $247,293.39 $240,693.39 $239,746 39 $209,820 72 $207,396 75 $206,196 75 $200,791 75 $180,417 95 $178,767 68 Ancillary Funds Ancillary Expenditures Descrip$iQn Forest Practice Puget Power Water Project Management $77,500 Budget Expend $ 500.00 $ 5oo.oo $32,000.00 $ 0.00 $10,000.00 $ 9,366.71 $25,000.00 $15,121.00 Total Sources & Uses ......................... $3,758,847 Remaining $77,000.00 $77,000.00 $67,633.29 $52,512.29 Phase I Construction GOLD MOUNTAIN GOLF COURSE EXPANSION - PHASE I CHANGE ORDER NO. 2 CONTRACT NO. 3642 COB~fRACT CHANGES AS FOLLOWS: 1. Description of Work: Provide and install additional 12-inch PVC water recirculation pipe into Lakes "A" and "C" so that the invert elevation of the pipe is resting above the bottom of the lakes; and change location of irrigation pump station that added 40 feet of 12-inch and 10- inch PVC pipe to accommodate its revised location at Lake "C". JDstification: This is a field adjustment to eliminate potential lake bank erosion as a result of water discharge; and the revised location of the irrigation pump station is a result of reducing its visibility to the public. Cost: $1,663.80 2. Description of Work: Provide optional hose bibb, model 6275 to each of the two (2) specified remote water fountains, Haws Models 3060. Justification: The optional hose bibb is to provide grounds maintenance the functionability to wash down the interior and exterior remote restrooms during routine maintenance. Cost: $278.00 3. Description of Work: Provide and install a cart path that accesses the first tee from the clubhouse. Justification: The cart path design did not definitively locate the access from the clubhouse to the first tee as to its alignment and therefore was knowingly omitted from the design drawings. Its omission on the drawings was known so to properly locate the cart path in the field while rough shaping of the first tee can be properly developed. Cost: $975.00 4. D~cription of Work: Provide rough-shaping and associated earthwork to construct a practice green adjacent to tee No. 10. This addition also includes irrigation, surface drainage, subgrade and finish grading and grass seeding. Justification: Field request from the Golf Course Management. Cost: $5,395.00 5. Description of Work: Provide and install, for complete operation, a 4-inch electrically controlled flow valve to control the water supply demand into Lake "C" without expending ground maintenance supervision during lake fill operations. Justification: During non-peak water usage times, predominantly during the late night and early morning hours, Lake "C" can be replenished with water automatically, thereby eliminating manual operation of the filler gate valve. Cost: $3,766.00 6. Description of Work: Provide and install additional 1,500 lineal feet of 24 volt signal cabling to the remote control irrigation panel location that will now be located at the new site for the grounds maintenance shelter. Justification: As a result of constructing the new maintenance shelters adjacent to the biosolids shelter, it was also necessary to relocate the main irrigation panel and associated signal wiring for its intended use and easy access for the grounds maintenance staff. Cost: $1,276.00 7. Description of Work: Provide and install additional irrigation heads to provide sufficient coverage on the fairways, tees, and greens as directed by the irrigation consultant; total of 53 irrigation heads were added to entire 18-hole golf course. Justification: As a result of field modifications to the clearing and rough shaping that widened fairways, tees, and greens, it is cost effective, at this time, to install the necessary irrigation heads to properly irrigate these expanded areas. Cost: $7,020.00 This document shall become an amendment to the Contract and all provisions shall apply hereto. Original Amount of Contract: Change Order No. 1 (Debit): Change Order No. 2 (Debit): Modified Contract Amount: $2,837,141.44 $ 29,925.67 $ 20.373.80 $2,887,440.91 ACCEPTED BY FORE INCORPORATED RECOMMENDED FOR THE CITY OF BREMERTON APPROVED FOR THE CITY OF BREMERTON THIS , 1996. DATE: 1' i y' f ~ DAY OF BY: LYNN S. HORTON, MAYOR ATTEST: KATHLEEN L. MCCLUSKEY, CITY CLERK AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services Agreement for Sinclair Landing Consultant FOR AGENDA OF: January 31, 1996 ORIGINATING DEPT: Legal ~ ORIGINATOR: I. Sievers, City Atty~l~ DATE SUBMITTED: January 23, 1996 2.~CL~~mment on back if necessary) DI~CTOR ~)F ~M~ITY DEVELOPMENT /~'~ COUNCIL COMMITTEE 3. EXHIBITS: Proposed Contract ENDORSEMENT ~ INFORMATION [] APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Ben Pollock has been retained by the Mayor to assist in negotiating development agreements for the Sinclair Landing Project and, to date, has completed Phase I of the scope of work attached to the agreement under the Mayor's expenditure authority. The proposed contract requires Council approval for continued support as outlined in Phases II and III. Phase II will provide preparation support for an Economic Development Initiative Grant and a Section 108 loan guarantee for funding of a parking structure and possible right-of-way improvements for the Project. Funding for this work is included in a City Community Development Block Grant allocation. Phase ~ will fund consultant services for negotiating a letter of Intent with Fletcher Wright, and development of final agreements and implementation actions necessary to complete the Project. Total fees invoiced. are limited to $23,000.00 which includes work already 8. RECOMMENDATION: Motion to approve Professional Services Agreement with Ben Pollock. 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.: 2. CLEARANCE COMMENTS: 5. IMPACT OF NON-PASSAGE: city would lack needed expertise to negotiate the most advantageous project for the City and for return on the City's investment. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 1995 Community Development budget has funds appropriated for development services of $20,000+. The city was awarded a CDBG Block Grant for planning and administration f6r'%he Sinclair Landing Project which included $8,000.00 for EDC grant and Sec. 108 loan guarantee application preparation. 7. RESEARCH SOURCES: POLLOCK.AB - Agendas - 1/23/96 PROFESSIONAL sERVICES AGREEMENT Development Consultant - Sinclair Landing THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "City") and Ben Pollock, of Pollock & Company, (hereinafter referred to as "Consultant"). W I TNE S SETH: 1. SCOPE: Consultant shall assist the City in negotiating development agreements with Fletcher Wright, Inc., for development of the Sinclair Landing Proposal submitted by Fletcher Wright, Inc., as detailed in Exhibit "A" attached hereto and incorporated within. 2. TERM: Contract shall commence on the date this agreement is executed and will terminate on December 31, 1996. 3. COMPENSATION: follows: City shall pay Consultant compensation as Total fees under this Agreement, and prior engagement under purchase orders covering services included in the scope of work above, shall not exceed Twenty-three Thousand Dollars ($23,000.00). Charges for services shall conform to the Fee Schedule attached' hereto and incorporated herein as Exhibit "A". Consultant shall submit a monthly statement describing the services rendered with a breakdown for work completed as authorized under this Agreement. The City, upon receipt of the completed statement, shall promptly process said claim for payment. All overhead and expenses are included in the Consultant's Fee Schedule and are nonreimbursable, except actual travel expenses from Seattle to Bremerton. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that Consultant is a firm skilled in matters pertaining to commercial development and will perform independent functions and responsibilities in the area of its particular field of expertise. Consultant and its personnel shall act as independent contractors and not ~mployees of the City. As such they have no authority to bind the City nor control employees of the City, contractors, or other entities. Within the performance of these duties, Consultant shall work under the direction of the Mayor. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel ~ required by State law. 6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to PROFESSIONAL SERVICES AGREEMENT --1-- POLLOCIC.PSA - Disk 13 - 1/16/96 fulfill his obligations under this Agreement. B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due Under this Agreement to the City Clerk for payment of such taxes which have been declared delinquent. 7. HOLD F~%RMLESS: 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. 8. GENERAL CONDITIONS: a. Reports and Information - Consultant, at such times and in such forms as the City may require, shall furnish the City such reasonable periodic reports and documents as it may request pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Agreement. Consultant will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There is attached hereto and incorporated by reference as part of this Agreement Exhibit "A". c. Amendments - The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of both parties. d. Notices - Any notices required to be given by the City to Consultant or by Consultant to the City shall be in writing and delivered to the parties at the following addresses: City Clerk Pollock & Company 239 Fourth St. 1634 First Bremerton, WA. 98337 Seattle, WA. 98104 PROFESSIONAL SERVICES AGREEMENT -2- POLLOCK.PSA - Disk 13 - 1/16/96 e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all applicable local, state and federal laws in performance of all services under this Agreement. g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance with the laws of the State of Washington and, in the event of dispute, the venue of any action brought hereunder shall be in Kitsap County Superior Court. h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorney's fees and court costs, including appeals, if any. 9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability, except employment actions based on a bona fide occupational qualification. 10. TERMINATION: This Agreement may be terminated by either party for convenience upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to perform through no fault of the other and does not commence correction within five (5) days of written notice and diligently completes the correction thereafter. Upon such termination, City will be entitled to reports showing the status of all matters upon which Consultant is advising the City as of the effective date of termination. IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year indicated. Date: BY: POLLOCK & COMPANY BEN POLLOCK CITY OF BREMERTON Date: BY: LYNN HORTON, Mayor PROFESSIONAL SERVICES AGREEMENT -3- POLLOCK.PSA - D~sk 13 - 1/16/96 APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney RECEIVED FOR FILING: KATHLEEN L. McCLUSKEY, CITY CLERK PROFESSIONAL SERVICES AGREEMENT -4- POLLOCK.PSA - Disk 13 - 1/16/96 EXHIBIT "A" SCOPE OF WORK PHASE I - BREMERTON - FLETCHER WRIGHT NEGOTIATIONS PHASE Define negotiation phase relationships responsibilities for developer and City. and Negotiate MOU with stake holders and participate in briefing Mayor, Oversight Committee and City Council. Establish City objectives, priorities and negotiating strategy. 1. Financial and public benefits, goals and trade- offs. 2. Alternate deal structures (j.v., land bank, option, ground lease, sale, installment sale). 3. Negotiating guidelines for a proposed Letter of Intent. Participate in negotiations and briefing of Mayor, Steering Committee and Council on deal points, with recommended resolution. PHASE I FEE: $5,000.00 PHASE II - COORDINATE SECTION 108 LOAN AND EDI GRANT PROPOSALS a. Prepare memorandum outlining key dates and submission requirements and coordinate preparation with staff support. PHASE II ESTIMATED HOURS - 30 at $100.00 per hour $3,000.00 PHASE III - PROJECT IMPLEMENTATION PHASE Conclude negotiations and coordinate execution of Letter of Intent between City and developer. b. Identify sources of capital contributions, review City role in site assemblage and other value-creation opportunities, and coordinate City responsibilities outlined in Letter of Intent.  drafting of agreements, including /~o~dinat e conveyance  non-profit incorporation, loan agreements and L.I.D. PROFESSIONAL SERVICES AGREEMENT -5- POLLOCK.PSA - Disk 13 - 1/16/96 do Negotiate and coordinate final agreements on legal documents. Continue coordination on City responsibilities. Prepare memorandums and authorization requests on City value- added actions (e.g., condemnation, grant applications, EIS, design review, leasing guidelines, etc.). PHASE III ESTIMATED HOURS - 150 at $100.00 per hour $15,000.00 TOTAL NOT TO EXCEED $23,000.00 PROFESSIONAL SERVICES AGREEMENT -6- ~LLOC~.PSA - Di~ 13 - 1/16/96 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointment to the Civil Service Commission FOR AGENDA OF: January 31, 1996 ORIGINATING DEPT: Executive ORIGINATOR: Mayor HQ~ton DATE SUBMITTED: January 25, 1996 (comment on back if necessary) Application for Appointment ENDORSEMENT ~ INFORMATION __ APPROVED BY COUNCIL PReSiDENT FOR SUBMITTAL: COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: There is a vacancy on the Civil Service Commission. It is recommended the vacancy be filled by Robert A. Lewis. 8. RECOMMENDATION: Motion to confirm the appointment of Robert A. Lewis to the Civil Service Commission. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE' REVIEW DATE: PULLED TABLED ~QUNCIL DIRECTIVE: 10. ~OTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 2. CLEARANCE COMMENTS: 5. ~MPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES. EOUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: I,.;I I Y UI' ~HEIVlI-H I IJl~i APPLICATION r-.JR CITY BOARDS/COMMISSIONS,,~3MMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) NAME: ~e~.~- ',4~. DATE: ,,2. PHONE: ,.577 7~.~-9 (H) " (W) OCCU PATIO N: EDUCATION: .2,/~ ,~. ~_~-~' PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFERENCES (name & phone number): //,/5. ~'~/ Z~, ~ ,~'~ ~.~Z~ - I AM INTERESTED IN SERVING ON (please check one or more): () () () () () () Disability Action Committee Civil Service Commission (18 yrs. & older) Urban Forest Committee Cable Communications Advisory Committee Community Development Block Grant Advisory Committee Youth Council Safe Streets Steering Committee Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremer~on Housing AutholiW Board of Appeals, Housing/Building Codes Special Committees as needed Is this an applic~J-t~on for reappointment? If yes, how many years have'.you served on this commissi.,o~n/~ommittee~,~,~ PLEASE RETURN TO: Mayor's Office 239 4th Street ~"na~ ..~ Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability. information may be put on back. Additional pertinent AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointment to the Parks and Recreation Commission FOR AGENDA OF: January 31. 1996 ORIGINATING DEPT: Executive ORIGINATOR: Mayor Horton DATE SUBMITTED: January 25. 1996 2. CLEARANCES: (comment on back if necessary) Application for Appointment ENDORSEMENT /__ INF, ORMATION__ APPROVED BY COUNCIL PR~9~DENT FOR SUBMITTAL: 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: There are vacancies on the Parks and Recreation Commission. It is recommended that Charles McWhorter be appointed to the Commission. 8. RECOMMENDATION: Motion to confirm the appointment of Charles McWhorter to the Parks and Recreation Commission. 9. RESPONSIBLE OFFICIAL: _.ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. ~OTICE OF ACTION APPROVED DISAPPROVED DATE: 11. AGENDA BILL NO: 2. gLEARANCE COMMENTS: 5. IMPACT ON NON-pASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: NOTE: APPLICATIOI~ )R CITY BOARDS/COMMISSION ;OMMITTEE As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: NAME: (~A~ {'~,~ ~q'~((J~)~:)12...~'~ t~, PHONE: HOME ADDRESS: ~[~9 ~q~k ~ OCCUPATION (if retired, indicate former occupation/profession): PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFERENCES (name & phone number): ,, I AM INTERESTED IN SERVING ON (please check one or more): () () (1 (1 () () () Disability Action Committee Civil Service Commission Housing Authority Board Cable Communications Advisory Committee Community Development Block Grant Advisory Committee Crimestoppers Safe Streets Steering Committee Planning Commission Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Board of Appeals, Bremerton Housing Code Board of Appeals, Uniform Codes Special Committees as needed Is this an application for reappointment? ~o If yes, how many years have you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98310 Signature Applications be reviewed periodically to determine continued availability. Additional pertinent information may be put on back. AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Appointment to the Parks and Recreation Commission FOR AGENDA OF: January 31, 1996 ORIGINATING DEPT: Executive ORIGINATOR: Mayor H~r~n DATE SUBMITTED: January ~5~ ]QQ6 2. C~ARANCES: (comment on back if necessary) 3. EXHIBITS: Application for Appointment ENDORSEMENT ~ ~NfORMATION __ APPROVED BY COUNCIL PRES~N~ FOR SUBMITTAL: MAYOR ~ ~' COUNCIL PRESIDENT ~~'~'~'-'~' 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL A ' There are vacancies on the Parks and Recreation Commission. It is recommended that Barry N. Cook be appointed to the Commission. 8. RECOMMENDATION: Motion to confirm the appointment of Barry N. Cook to the Parks and Recreation Commission. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: 6. ~MPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: 7. RESSARCH SOURCES: t.,I I Y Ui- I:il'{l"lVIl-~ I APPLICATION ~JR CITY BOARDS/COMMISSIONS~OMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) NAME: ~£/Z,'/ HOME ADDRESS: DATE= PHONE~ (H) (W) PROFESSIONAL/COMMUNITY ACTIVITIES: LOCAL REFERENCES {name & phone number): I AM () () () () () () () INTERESTED IN SERVING ON (please check one or more): Disability Action Committee Civil Service Commission (18 yrs. & older) Urban Forest Committee Cable Communications Advisory Committee Community Development Block Grant Advisory Committee Youth Council Safe Streets Steering Committee Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housin0 Authority Board of Appeals, Housing/Building Codes Special Committees as needed Is this an applic~th3n for reappointment? If yes, how many years have, you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Signature Applications be reviewed periodically to determine continued availability. Additional pertinent information may be put on back, AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: Appointment to the Board of Appeals, ORIGINATING DEPT: Housing/Building Codes ORIGINATOR: DATE SUBMITTED: January 31. 1996 Executive Mayor Horton January 25, 1996 (comment on back if necessary) 3. ~: Application for Appointment ENDORSEMENT ~6 I~RMATION __ APPROVED BY COUNCIL PRES/~N_T F~~TTAL: YoR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL C~TION: There are vacancies on the Board of Appeals, Housing/Building Codes. It is recommended that Robert W. Fox be appointed to the committee. 8. RECOMMENDATION: Motion to confirm the appointment of Robert W. Fox to the Board of Appeals, Housing/Building Codes. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AHENl 11. AGENDA B~'LL NO: q~-O-~ 2. CLEARANCE COMMENTS 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT OR OTHER RESOURCES: 7. ~ESEARCH SOURCES: APPLICATION ~-OR CITY BOARDS/COMMISSION~.;OMMITTEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) NAME: ROBERT W. FOX HOME ADDRESS: 1124 PERRY AVENUE DATE: 11-27-1995 PHONE: (360) 479-2812 (H) (360) 377-9737 (W) OCCUPATION: B~EMERT~N: WA 9gql~ REAL ESTATE APPRAISER EDUCATION: BA FROM UC SAN DIEGO. lq7q PROFESSIONAL/COMMUNITY ACTIVITIES: MEMBER OF KITSAP MULTIPLE LISTING SERVICE ATTEND MANETTE COMMUNITY CHURCH LOCAL REFERENCES (name & phone number): R0N & TERRI ANDERSON 792-5237 PETER & LYANNE SPITZER 373-1941 JEAN ~ADF~RD 69?-9777 I AM INTERESTED IN SERVING ON (please check one cr more): () () () () () () () Disability Action Committee Civil Service Commission (18 yrs. & older) Urban Forest Committee Cable Communications Advisory Committee Community Development Block Grant Advisory Committee Youth Council Safe Streets S'~eering Committee Planning Commission (18 yrs. & older) Parks & Recreation Commission Ethics Commission Parking Advisory Board Solid Waste Management Bremerton Housing Authority Board of Appeals. Housing/Building Codes Special Committees as needed Is this an applicat'ion for reappointment? NO If yes, how many years hav,e', you served on this commission/committee? PLEASE RETURN TO: Mayor's Office 239 4th Street Bremerton, WA 98337 Applications be reviewed periodically to determine continued availability. Information may be put on back. Additional pertinent AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: January Appointment to the Board of Appeals,°RIGINATING DEPT: Housing/Building Codes ORIGINATOR: Maynr DATE SUBMITTED: January 25. 1996 2. ~J~: (comment on back if necessary) 3. EXHIBITS: Application for Appointment 4. SUMMARY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION: There are vacancies on the Board of Appeals, Housing/Building Codes. It is recommended that James W. English be appointed to this committee. 8. RECOMMENDATION: Motion to confirm the appointment of James W. English to the Board of Appeals, Housing/Building Codes. 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: 2. CLEARANCE COMMENTS: _ 5. IMPACT ON NON-PASSAGE: 6. IMPACT ON ST~FFING, BUDGETS. FACILITIES, EouIpMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: C7 ?Y OF BR EMERTC- I~[ APPLICATION FOR CITY BOARDS/COMMISSIONS/COMMI~'PEE NOTE: As an applicant for a City Board, Commission or Committee, your name, address, and telephone number will be available to the press and public. You will be contacted before any action is taken on your appointment. (Please type or print clearly) DATE: ~' 9' ~'~' HOME ADDR .SS: OCCUPATION: C~~~2~ ~-~~ /~'V"<" (If retired, indicate 'former occupation/profession) EDUCATION: ~ ~e~-~ ~-~ ~. ~, PROFESSIONAL/CO,UNITY ACTIVITIES: ~~ ~~~i w~/~m~ LOCAL REFERENCES (NAME & PHONE NUMBER) ~ ~e~v ~M~-~ I am interested in se~ing on: (please check one or more) ( ) Handicapped Action Committee ( ) Civil Service Commission ( ) Housing Authority Board ( ) Cable Communications Advisory Committee ( ) Community Development Block Grant Advisory Committee ( ) Board of Appeals - Uniform Codes ( ) Special Committees as needed (~J/Planning Commission ( ) Parks & Rec. Commission ( ) Ethics Commission ( ) Library Board ( ) Parking Advisory Board ( ) Solid Waste Management ~Board of Appeals - Bremerton Housing Code ( ) Crimestoppers ( ) Safe Streets Steering Committee Please return to: Mayor's oSfice city of Bremerton 239 4th Street Bremerton, WA 98310 Applications will be reviewed periodically to determine continued availability. Additional pertinent information may be put on back. ~GENDA BILL BREMERTON CITY COUNCIL SUBJECT: RESOLUTION ~/2539 - To Reorganize The City's Loss Prevention And Safety Management Program And To Repeal Resolution #2126 FOR AGENDA OF: / - ~/° ~& ORIGINATING DEPT: Admin. Services ORIGINATOR: Peggy Lesser~ DATE SUBMITTED: 1/4/96 2. CLEARANCES: (comm,ent oD back 3. EXHIBITS: if neCess~r~ Public Works /~~ Resolution 2126 Admin. Svcs. ~C~ ~~ ~.~DORSEMENT~ I~Om~TION APPRO~D BY COUNCIL PRES~ FOR S~3~,: oo o ,. 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Effective January let, the City has added a part-time Safety Officer position which is staffed by an employee assigned to the Department of Public Works and Utilities. This resolution adds that po~on to the existing Safety and Health Committee, updates the committee membership to reflect organization changes, and eliminates the Executive Safety Committee. RECOMMENDATION: Motion to adopt Resolution and repeal Resolution No. 2126. RESPONSIBLE OFFICIAL: P. Lesser ENFORCEMENT OFFICIAL: P. Lesser EXPIRATION DATE: REVIEW DATE: PULLED TABLED__ COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED DISAPPROVED DATE: AMENDED 11. AGENDA BILL NO: 8A CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: The existing Safety & Health Committee would continue without the participation of the Safety officer. The Safety Executive Committee would continue to exist on paper only. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Better utilization of the safety officer's and risk manager's time and increased focus on the°workplace safety issues facing employees. 7. RESEARCH SOURCES: RESOLUTION NO. A RESOLUTION to reorganize the City's Loss Prevention and Safety Management Program and to repeal Resolution No. 2126. WHEREAS, the City's Industrial Accident Self-Insured status requires that the City institute and maintain a safety program; and, WHEREAS, the City is required by Washington State Law to have a Safety and Health Committee, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bremerton that a Safety Program be implemented according to the structure outlined below: SAFETY AND HEALTH COMMITTEE The Safety and Health Committee will be comprised of the following: Risk Manager* Safety Officer* One representative from the Fire Department Two representatives from the Police Department (including Parking and Animal Control) Two representatives from Public Works and Utilities One representative from Administrative Services One representative from Legal and Human Resources combined One representative Community Development One representative from the Parks Department 2. The representatives Risk Manager, shall be elected or initial term for the representatives Community Development and the be two years. listed above with the exception of the Safety Officer and the appointed by fellow employees in March of each year. The from Administrative Services, Legal and Human Resources, Parks Department shall be for one year. All other terms shall Vacancies shall be filled as quickly as possible, for the remainder of each term. (NOTE: * Indicates permanent members of the committee by virtue of position and are exempt from the two-year term limit.) 3. The Safety and Health Committee shall elect its own Chairperson in March of each year, from the committee membership exclusive of the Risk Manager and Safety Officer. The Chairperson will serve for a period of one year. As part of his or her official duties, the Chairperson will ensure that all legal requirements are met. 4. The Safety and Health Committee will determine the time, date and location of each meeting as well as the frequency of the meetings. Meetings shall not exceed one hour except by majority vote. 5. As a minimum, each Safety and Health Committee meeting agenda will include the following: a, Review of safety and health inspection reports received since the previous meeting to determine how to initiate corrective and/or preventive action(s) on identified unsafe work practices or conditions. b, Evaluation of employee accident investigations since the previous meeting to determine proper identification and correction of unsafe conditions. c. Evaluation of the City's Safety Manual and preparation of written recommendations for submission to the Mayor. 1996. PASSED by the City Council of the City of Bremerton this day of ATTEST: JOHN LAW Council President KATHLEEN L. MCCLUSKEY City Clerk =SOLmO. A RESOLUTION to establish a continuing .Loss Prevention and Safety Management Program and to repeael..Resolution 1895. WHEREAS, the City's Industrial Accident Self-Insured status requires that the City institute and maintain a safety program; 'and, WHEREAS, the City is required by state law to have a safety and health committee, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Bremerton that a two-tiered safety program be implemented according to the structure outlined below: SAFETY AND HEALTH COMMITTEE 1. The Safety and Health Committee will be composed of two representatives appointed by the Mayor, one each from the office of Risk Management and Personnel, and eight other representatives, one from each of the following areas: a. Fire Department b. Police Department c. Administrative Services d. Planning Department e. Parks.& Recreation Department f. Street Department g. Water Department h. Other Public Works areas (i.e. Transportation, Animal Control, Facilities, Electronic Maintenance, Engineering) 2. The representatives listed above shall be elected or appointed by the employees of the Department(s). The departments listed shall inform the Risk Manager of the preferred method of representation and provide the Risk Manager with their rules for election/appointment. Representatives shall serve for a period of one year, commencing July I and terminating June 30 of each year. Elections/appointments shall be held in the month of June each year. 3. A Safety and Health Committee chairperson will be elect- ed by the committee members and will serve in this capa- city for a period of one year. The chairperson shall assure that all legal requirements are met. 4. The Safety and Health Committee will determine the fre- quency, date, hour and location of its meetings. Meetings shall NOT exceed one hour except by majority vote. 5. The Safety and Health Committee meetings shall include the following: a. Review of safety and health inspection reports to assist in correction of identified unsafe conditions or practices. b. Evaluation of employee accident investigations con- ducted since the last meeting to determine proper identification and correction of unsafe conditions. c. Evaluation of the City's accident prevention program · and preparation of written recommendations for sub- mittal to the Safety Executive Committee. SAFETY EXECUTIVE COMMITTEE 1. The Safety Executive Committee will ~e comprised of the Fire Chief, Police Chief, Personnel Director, Director of Public Works, Water Superintendent, Parks Superin- tendent and the Risk Manager. The Risk Manager will serve as Chairperson. 2. The Safety Executive Committee will meet once each month to review the written recommendations made to it by the Safety and Health Committee. It will also serve as a disciplinary advisory board when such service is re- quested by a Department Head in accordance with Administrative Policy and Procedure 3. ~ne Safety l/xecutive Cannittee will also pursue other safety related topics as it deems appropriate and may periodically make reports and reecmmndations to the Mayor. 1. Bach department or area will establish its cern rules for election or appointment of its initial Safety and Health Caunittee merrber. Bach departmental representative shall be elected or appointed by the employees of the department(s) prior to July 18, 1986, and each shall serve until June 30, 1987. 2. The initial meetir~ of the Safety and Health Ccnmittee will be July 23, 1986, at the Water Utility. PASSItD~]~ the City Council of the City of Bremerton this day of/~ )/-~7 , 1986. ~~r~rton I/A2I~ L. I~/~J/K~, City Clerk Director of Administrative Services