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HomeMy WebLinkAbout06/12/96 AGENDABREMERTON CITY COUNCIL 239 4TH STREET BREMERTON, WA 98337 CITY COUNCIL AGENDA JUNE 12 1996 7 CALL TO ORDER - 5:30 P.M. A. Pledge Of Allegiance B. Invocation CONSENT AGENDA Items listed below have been distributed to Council members in advance for study and will be enacted by one motion. If separate discussion is desired on an item, it may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Council member. A. Minutes - May 22, 1996 #AB96-120 3. CLAIMS/CHECK REGISTERS 4. COUNCIL MEMBER REPORTS MAYOR'S REPORT PUBLIC RECOGNITION -- (Comments Limited to 3 Minutes) 7. NEW BUSINESS A. Bid Award Recommendation for Timber Sale 96-1 to Cascade Pole B~ Professional Services Agreement with Washington Timberland Management, Inc. for Laminated Root Disease Mitigation C. Professional Services Agreement with HDR Engineering & Interlocal Agreement with the Tracyton Water District 8. ORDINANCES A. Ordinance #4558 (Second Reading) To Establish L.I.D. #329 for Portions of Jenner Avenue (CONTINUED NEXT PAGE) #AB96-121 23 #AB96-122 53 pUBLIC HEARING A. Public Hearing and ordinance (First Reading) Final Assessment Roll for U.L.I.D. 327, / Kitsap Lake Sewer ~ ~'~'~ .... ~"~ '"~ Public Hearing and ordinance (First Reading) Final Assessment Roll for L.I.D. 328, Wheaton Way Sewer 1. SUBJECT: AGENDA BILL BREMERTON CITY COUNCIL MINUTES - MAY 22, 1996 FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: JUNE 12, 1996 CITY COU~CIL~ ~ JO N COUNC L___ ES JUNE 9~3-[ 1996------ - 2. CLEAI~ANCE~: (comment on back - if necessary) ENDORSEMENT~ INFOPJ~-ATION~ APPROVED BY couNcIL p~~MITTAL: coUNCIL PRESIDENT.S-/ MAYOR 4. y STATEMEN D R UI EMENT FO cOUNCIL ACTION: 9 o RESPONSIBLE oFFICIAL: '~ ENFORCEMENT OFFICIAL: .... EXPII~ATION DATE: -- ~ REVIEW DATE:~ .~ -- 10. N~OT~CE OF ACTION PULLED ~ TABLED ~OUNCIL DI~RECTIVE: APPROVED DISAPPROVED _ DATE: AMENDED 11. AGENDA-~ILL NO:. 96-120 TAPE #1380 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES _MAY 22, 1996 $0012 #0026 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, May 22, 1996, at 5:30 P.M., with Council President John Law presiding. Council members present were A1 colvin, Cecil McConnell, Carlos Montgomery, Sherril Huff-Menees, Richard Neville. Council members Bob Winters, David Farr and Long Overson were absent. Also present was city clerk Kathleen McCluskey. The meeting opened with the Pledge of Allegiance led by Council President Law and Invocation given by Councilman A1 Colvin. President Law announced Agenda Item 9B had been pulled off the Agenda for one week. CONSENT AGENDA A. Minutes -- May 8, 1996 #AB96-104 M/S/C/U(Neville/Montgomery) to approve Consent Agenda as presented. CLAIMS/CHECK REGISTERS Vouchers audited and certified by the auditing officer as required by RCW 42.24.080, and those expense reimbursement claims certified as required by RCW 42.24.090, have been recorded on a listing that had been made available to the Council. M/S/C/U(Colvin/Montgomery) on May 22, 1996, the Council does approve for payment those vouchers included and further described as follows: 197942 - 198137 in the amount of $472,889.67. cOUNCIL MEMBER REPORT~ Mr. Colvin reported on a very successful District #1 Neighborhood meeting held on May 16. Mayor Horton's "State Of The city" report was well received by those attending. He enjoyed the Armed Forces Parade on Saturday, despite the inclement weather, and thanked John Curtis for inviting him to participate in the parade representing the Tuskegee Airmen. For anyone wishing to learn more about the Tuskegee Airmen, he encourages them to read the book published by General B.O. Davis titled "B.0. DAVIS, AMERICAN". Mr. colvin related some historical events relating to the Tuskegee Airmen. Mr. McConnell reported he attended the Armed Forces Parade, and was surprised with the turnout considering the wet weather. He also enjoyed the excellent Lions Club pancake breakfast and was already TAPE #1380 city Council Reg. May 22, 1996 Page 2 of 19 Mtg. Minutes looking forward to next year's event. ~ reported he also attended the parade. He commended the parade participants who seemed to enjoy themselves in spite of the unfavorable weather condition and the clothing they had to wear. He reminded citizens of Districts 6, 7 and 8 of the Neighborhood Meeting scheduled for Thursday, May 23, 7:00 P.M., at the Bremerton school District facility (meeting room in the far east end of the building)- He encouraged members of the public to attend one of the many public meetings to learn more about the sinclair Landing project. He emphasized this project is one study that is becoming a reality, and both the Sinclair Landing Association and Fletcher Wright strongly believe in keeping the citizens informed as the project develops. Mrs. Huff-Menees echoed Mr. Montgomery's comments on the District , 8 Nei hborhood Meeting, and noted Mayor Horton will also 6. 7 and g ..... ~ meetin~. She commended and be making a presentatIon a~ ~ . ~ ..... ~ ~ ..... congratulated the planners and organIzers of ail ~ne Armeu £u~=~ events. This community is very fortunate to have such a celebration and a great deal of work goes into planning for a successful result. Mr. Nevill9 announced the Kitsap Community Action Program (KCAP) is planning a remodel on the old Smith School facility, and would like input from the residents in that area. A meeting to discuss the project will be held May 28, 5:30 P.M., in the gym. Mr. La~ reported on the District 3 Neighborhood Meeting held May 14, and noted that the discussion on ,,Streets" presented by Bob Tulp, Public Works Operations Manger and Mark Souza, Senior Engineer, was very interesting and informative, He too felt the Armed Forces celebration events were outstanding, and he saluted all of the people who put effort into it, both military and civilian. M/%YOR~S REPORT MayOr Lynn Horton echoed everyone's sentiments on the Armed Forces Parade and activities. They were very successful, even though the weather was a little inclement. She also attended the Swing city Dance held Saturday evening, which was a fun event and well attended. She extended a special ,,Welcome" to the USS Nimitz crew and noted that she, Council President Law, and Councilman Montgomery were part of the crowd greeting the ship as it arrived at PSNS on Monday. In regard to the removal of parking on planting strips, as discussed with Council, it is something that needs to be dealt with TAPE #1380 city Council Reg. May 22, 1996 Page 3 of 19 Mtg. Minutes on an area-by-area basis because the State Legislature passed legislation that made some changes in liability, and placed liability for sidewalk maintenance on the city's shoulders. If the city caused damage through parking or other means that are being allowed to have those sidewalks degrade. As a result of that change in the law, the city is reviewing its planting strip parking throughout the entire city. As part of this review, the City will try to come up with solutions to replace that parking, and public meetings will be held in specific areas when they are being reviewed] On the good news s~de, she believes this is an opportunity to look at some traffic calming methods in areas that are plagued with speeding vehicles. PUBLIC RECOGNITION ~ brought up the issue of crosswalks, and questioned why are crosswalks at llth & Chester, llth & High, llth & Veneta, and llth & Park not being repainted? He introduced Mr. and Mrs. Powell, first time visitors to the city Council meeting. He.also enjoyed the Lion'S pancake breakfast and the Swing Dance. President LaW welcomed the Powell's. Don Larson, President Washington Scuba Alliance, announced an upcoming event in September Washington Water Weeks, which are educational events informing the public about our local waters. If people are interested in participating in those events, they can write to Washington Water Weeks, p.O Box 1354, olympia WA 98507- 1354 (360) 943-3642. He also encouraged the city Council to make a written commitment to establish an underwater park in the Bremerton area, similar to the park in Edmond's and Tacoma's Titlow Marine Preserve. He has been making his plea to the city Council for the past six years, but has not received anything in writing telling him any progress is being made in that endeavor. TCI cable has been airing the Edmond's Underwater Park sub-Tidal Zone. In his opinion, the best area for an underwater park in Bremerton would be north of the Turner Joy. He also wanted the city to know that the U.S. Navy has a program called Refex and are looking at starting to re-donate ships to local communities for local marine life. The controlling factor with donated ships is their concern about PCB's, particularly those that might be in the paint. Two test ships have been identified, one on the east coast and one on the west coast. One is in deep water and one is in shallow water. He wants to see Bremerton first in line for a ship. ~ announced the sinclair Baptist Missionary Church has a new pastor, Reverend Earl Echols, who is interested in becoming involved in the community. He wanted to find out the rules for the age limit of those participating in the Armed Forces Parade. His church had the intention of sending a drill team to march in that TAPE #1380 city council Reg. May 22, 1996 Page 4 of 19 Mtg. Minutes parade, but the person in charge informed him, at the last moment, that they could not participate due to age limit, insurance, etc. President Law stated Mr. McInnis's question will be forwarded on to the appropriate person. Mr. McInnis stated he would like that same information for any parade held in Bremerton. Peter Ruokstein, swing city Committee, commented on a very successful "swing city Dance" held on May 17. The swing Committee is looking forward to holding more dances on special occasions, such as Armed Forces Week, Memorial Day, etc. Mrs. Huff-Menees stated she was unable to attend the dance, but she heard rave reviews of the decoration at that dance. Charlie Brown stated when he first learned about the Sinclair Landing development, he obtained some drawings of what was being proposed. At that time, he thought the City was committed to only the undeveloped waterfront property and the high rise city garage as part of this development. On May 21, he learned from a presentation by Fletcher Wright, that a change had been made to earlier d~awings placing Bremerton City Hall in the old J.C. Penneys building and the current city Hall building would be turned into a parking garage, and the city Hall Park and a grocery store would disappear. He does not know who made those decisions or commitments, but two elected city officials sit on the SLA Board of Directors. He asked if those individuals made the commitment instead of the elected city Council members? Or, are the decisions being made based on the Memorandum Of Understanding that was signed by the City, Port of Bremerton, Kitsap County, and Kitsap Transit? He questioned whether or not the city would be paying rent or are they buying the Penneys building? He referenced comments made by Joe Mentor at a previous Council meeting in which he related a conversation he over heard in an elevator in Seattle that the Bremerton city Hall would be relocated to the Sinclair Landing project and would rent 30,000 sq. ft. of space. Mr. Brown asked if Mr. Mentor was right? He referenced a drawing recently handed out by the SLA that shows the proposed changes he identified and based on that, he believes it is a "done deal". He questioned how many city Council members were aware of such a proposal prior to tonight? He questioned who is running this program, is it Fletcher Wright or Mary McClure? He asked that someone answer his questions. Reverend Earl Echols, Sinclair Baptist Missionary Church, stated he retired from the Navy approximately nine months ago, and he is glad to be part of the community. He apologized for being late to give the invocation at this Council meeting, however, he now knows the correct time and will strive to do better in the future. He is excited about being involved in the community and looking forward TAPE #1380 city Council Reg. May 22, 1996 Page 5 of 19 Mtg. Minutes to a good relationship with the Council and the City overall. As a little background, he has been working with the Tacoma Safe ' d Streets Program, Tacoma Associate Ministries, and the Tacoma Ministerial Alliance over the past eight months. Now, he looks forward to the opportunity to work with Bremerton's Safe Streets Program. Mayor Lynn Horton. stated the proposal Mr. Brown referenced is just that - a proposal. The first time she saw the site plan was on Tuesday, May 21. She did get a heads up on May 16-17 from Randy McGreal saying that this would be in a proposal showing areas Fletcher Wright would like to see blocked out and developed. This is not a ,,done deal"...it is a proposal, and if this is something the city Council would like to pursue, this will be handled in the same fashion as the city's properties near the waterfront. She emphasized it is a proposal for Council to reject or accept at whatever terms they feel are acceptable. In regards to the city Hall park, the site plan shows an area on Washington Street where the park would be relocated to, if Council is amenable to looking at moving city Hall. She has not been silent about the deficiency of the current CitaYtHall building, and that it has some s. evere handicap issues rel ing to accessibility, both from the public and employee side. In 1998, she anticipates having to put $100,000 into a new roof for this building. Additionally, there are three other city facilities, the Permit Center, Special Investlgatlv Unit (housed at the Capital Hill Fire Station building) and the West Precinct that all need some structural and cosmetic work over the next several years. She questioned is it worth our money to into some ' 1 spend potential y several hundred thousands of dollars buildings scattered all over the city, or is it better to look at aggregating all city facilities under one roof? She does not know if it will be more cost effective to move in that direction, she has not seen any prospectus on the Penny's building. Contrary to what Mr. Brown stated, this is not a done deal, Fletcher Wright is in the preliminary stage of looking at some changes to their old site plan. More information will be coming from Fletcher Wright, and in turn the city will be able to answer all questions in an appropriate manner. M_r. colvin stated he had heard the same rumors as Mr. Brown, but for the benefit of the public the city has not signed over any property to anyone. Ma or Horton stated Mr. colvin was correct, nor have we been in negotiations on City Hall or the Penney's building. The city has been in negotiations over the city's waterfront property and to look at what kind of business arrangement we would enter into for the parking facilities for this development, so this is a new equation. Mrs. Huff-Menees stated she is the other elected official Mr. Brown referred to who sits on the SLA Board Of Directors. She emphasized one of the things that bears remembering is Fletcher Wright is a private development TAPE #1380 city Council Reg. Mtg. May 22, 1996 Page 6 of 19 Minutes company, and they have been selected as the developer for this project. They can bring any proposal they wish to the city, but it has to be approved by the city and the Council. She believes Council will see a variety of issues, and this is just one of them. This will go through the same process that any piece of the project will go through in terms of city property as well as private property in the permlttl g process involved. She cautioned against making statements that are aimed at alarming the public unnecessarily. John Thomas stated he never understood why the city of Bremerton hadn't moved into the Penney's building a number of years ago. What he's heard tonight, and its happened before, it seems like the "tail is wagging the dog". He referenced the renovation of 4th Street and the fact it was not "free" to the tax payers, but was responsible for 33% of that project. He is afraid of the SLA and the Sinclair Landing project. He wished more information could get out to the people. He has not been able to attend any of the SLA meetings and hoped to attend the June 3 meeting. He is not totally against SLA, and thinks the project is great, but has the feeling that someone who doesn't live here, or pay taxes here, is going to "give the store away". Gene ~art announced Kitsap Regional Library will hold a BOOK SALE on June 6, 7 and 8 at the east Bremerton branch. Proceeds from .......... ~ ~ outdoor lighting for the Regional ~V- sa · - =~-~s new baby strollers, ~ags, ~u Lmbra y, ...... ~rt also reported Bremerton Polmce typewriters for puDllC use. ~.~£ ..... . . officer Nathan Tincher was awarded recognztmon by the Mothers Against Drunk Driving for making 82 DUI arrests, which was the highest number of arrests in that category in Kitsap County. 7A - BID AWARD TO PENTAMATION, INC.~ FOR CENTRAL COMPUTER EQUIPMENT TO REPLACE THE NCR TOWER COMPUTERS~ ~AB96-105 The central NCR Tower computers were purchased in 1987/8. They are becoming less reliable and more costly to maintain. Disk space is limited and it would be expensive to add more disk space to these vintage computers. It was agreed during the budget process for 1996 that the city should undertake a major computer upgrade during 1997 and 1997. Part of that upgrade was to replace the central NCR Tower computers. In December, city Council approved a Request for Proposals for that part of the upgrade project. It was estimated at the time that the replacement hardware and operating system software would cost $60,000. The cost of the Pentamation proposal recommended by staff is $58,833.00. Bill E~, Information Services Manager, stated in response to an earlier discussion about the adequacy of the current city Hall #1631 TAPE #1380 city council Reg. May 22, 1996 Page 7 of 19 Mtg. Minutes building, the tower is a big problem, computer wise. Public comment - none. ~ley explained the city purchased its current qugpequipment? _Mr. Mr. Colvi~. questioned the need f?r the upgrade1 ment in 1987 88, and at the time it was a tremendous improvement over the equipment being used. However, over time the current equipment response time has become unacceptable and is very slow compared to today's standards. ~ asked if it was difficult finding parts for the city's current computer equipment due to its being obsolete? Ele¥ stated yes. They have experienced a reoccurring problem and each time it happens he is not sure parts will be available to correct the condition. M/S/C/U() to approve the purchase of replacement computer hardware and operating system software from Pentamation, Inc. in the amount of $58,833.00. 8A - RESOLUTION NO. 2549t ADOPTING CITY OF BREMERTON WASTEWATER COMPREHENSIVE PLAN, ~AB96-106 The Bremerton Wastewater comprehensive Plan serves as a guide for policy development and decision making processes for the Department of Public Works & Utilities. The plan identifies short-term capital improvements and defines long-term system planning goals within the Bremerton Sewer Service Area. This plan complies with regulatory requirements and accommodates system expansion in accordance with the State Growth Management Act. en~~, Public Works & Utilities Director, reviewed some background on the plan and its development. He noted the final Environmental Impact Statement for this planning process has been completed and was issued through the Department Of Community Development. Regulations for the wastewater collection, treatment and disposal are contained in the Federal Clean Water Act. The U.S. Environmental Protection Agency has delegated the enforcement and implementation of the ACT to the Washington Department Of Ecology, and the Plan is developed in accordance with the guidelines established by the Department of Ecology for wastewater planning. The Plan complies with all State and Federal regulations and it is primarily developed in accordance with the Sinclair/Dyes Inlet Urban Bay Action Program, which required the city to complete the following specific items: (1) adopt a Wastewater Comprehensive Plan, which is not required by State statute, but if a plan is developed it must be developed in accordance with the guidelines for wastewater management; (2) development of a combined sewer TAPE #1380 city Council Reg. May 22, 1996 Page 8 of 19 Mtg. Minutes overflow reduction plan, which was 1992 legislation that resulted in adoption of this plan in 1992. The majority of the plan is the incorporation of this planning document; and (3) adopt a Stormwater Management ordinance, which was accomplished by the City, and a stormwater Comprehensive Plan, which is in the final stages of development. The Capital Improvement Program, which is outlined in the Wastewater Comprehensive Plan, is driven by two consent orders, i.e. Puget Sound Air Pollution Control Authority for the wastewater treatment plant odor control project and Puget Sound Keepers Alliance, which requires implementation of the combined sewer overflow reduction plan. A third item included is a regulatory requirement for dechlorination of the effluent coming out of the treatment plant, which has been implemented. The majority of the output for the Wastewater Comprehensive Plan is predetermined by Consent Decrees or by legislation, but the plan does incorporate those within the planning guidelines and planning criteria. The Plan itself began to be developed in 1989, and because of various legislative changes in planning requirements, the combined sewer overflow reduction requirements and changes that occurred regarding growth management, the plan is now being adopted as a 1996 plan. The plan went through several iterations and much of the information is based on older data because of that process; and the extremely expensive process of updating continually as changes took place. The plan has considerable data based on 1994 data, which is the same data both the city's Comprehensive Plan and the Kitsap County's Comprehensive Plan are based on. It is believed the plan is consistent with the requirements of growth management and is consistent with the city's and County's Comprehensive Plans as we know it today. The implementation of the plan was funded through a rate increase of approximately 5% that was approved on March 20, 1996, and will be implemented in July 1996. Ro_p_y_M¢Inni~S questioned in the adoption of this plan, are there a lot of State mandates without funding representation? Don Larson, President Washington scuba Alliance, commended the City for moving forward in adopting the plan. Mr. ~ stated in response to Mr. McInnis's question, much effort has been expended by city staff members in seeking grants and low interest loans to help fund the implementation of the #1034 #2082 #2170 TAPE #1380 city council Reg. Mtg. May 22, 1996 Page 9 of 19 Minutes Capital Improvement Program. The city has been successful in both grants in the form of Centennial Clean Water grants for dechlorination, which is a State mandate, and received low interest loans through the Centennial Clean Water Act for implementation of the CSO Reduction Plan, and the wastewater odor control projects. · ' xtremel appreciative of the State's programs for The City ~s e -~-^~ to say that the State has been ,,stepping funding ann we are p~=~ ~ up to the plate" and the city has competed well because of having significant needs. He acknowledged the effort by his staff and the city's Grants Writer for their assistance in this endeavor. Mr. Neville questioned if rate increases may be expected in future years? ~ explained the earlier presentation of the proposed rate at the March 20 meeting implied a cost of living adjustment annually to implement this plan. He referenced documentation in the Agenda packet -- a Proforma Analysis for the funding requirements for the Capital Improvement Plan. That does imply there will be a cost of living increase annually. originally, the increase was projected at 3% in the document. Mr.. Nevill~ pointed out the initial report given to Council projected upwards of 20% per year increase, and the staff have done an amazing job in keeping the rate at a much lower figure. M/S/C/U(Neville/Colvin) to pass Resolution No. 2549, adopting the city of Bremerton Wastewater Comprehensive Plan, and authorizing the Department of Public Works & Utilities to implement this plan subject to city Administrative policies and procedures. 9A - ORDINANCE NO. 4552 (SECOND READING) AMENDING THE 1996 BUDGET ~BUDGET ADJUSTMENTS ~96-0 T~ROUGH #96-12), ~AB96-100 Public comment - none. Mr. Mcconnell questioned the source of funds? Kathleen MoCluskey, city Clerk, explained the funds would come from the General Fund. M/S/C/U(Montgomery/Huff-Menees) to pass Ordinance No. 4552 on second reading, amending ordinance No. 4539 relating to the budget of the city of Bremerton for Fiscal Year 1996. 9C - ORD~DING VACATING THE ALLEY RUNNING NORTH SOUTH BETWEEN 5TH STREET AND 6TH STREET WEST OF VENETA AvE~TERN MOST 16.25 FEET OF THE ADJOINING EAST WEST A_LLEY; STAR OF THE SEA PARISH~ %AB96-102 Public comment - none. M/S/C/U(Colvin/Montgomery) to pass ordinance on second reading vacating the alley running north/south between 5th Street and 6th Street, west of Veneta Avenue, and the eastern most 16.25 feet of TAPE #1380 city Council Reg. Mtg. May 22, 1996 Page 10 of 19 Minutes the adjoining east/west alley. 9D - ORDINANCE NO. 4555 (SECOND READING) ADOPTING REVISED OFFICIAL ZONING MAP OF THE CITY OF BREMERTON, ~AB96-103 william Cunningham stated he has financial interest in property within the area and asked if the Zoning Atlas dated May 15 is the Zoning map being discussed at this time? Ron Hough, Planning Manager stated yes. lc~~9~, 1343 Lower Marine Drive and owner of the property at 15th & Thompson, which is zoned BP and presently rented to Majestic Tours. Majestic Tours charters buses, but no bus maintenance work is done at that site nor is there a terminal at that site. There isn't a "pigeon hole" in either the present plan or in the proposed plan, and prior to adoption of the new plan he wanted to see if that use could be added to the new draft. The old map allowed accessory parking, non-accessory parking, commuter parking lots, parking structures, and bus passengers and maintenance is allowed in a lesser zone. In the proposed map, allowable uses include non- accessory parking, parking structure, bus passenger terminal and bus maintenance and storage is allowed in a lower zone. He is asking to add a category of "bus storage" in the BP Zone. Mr. Hough explained he believed the property would come in as a legal non-conforming use because it is there legally at the present time. If the zoning changes or the use changes, it is still legal under that use. Mr. Cunningham is correct in that it does not allow that type of facility in the new BP Zone. President Law asked if he was correct in understanding the property would be ,,grandfathered" in. Mr. Hough stated President Law was correct. There is a question whether or not that should be added to the BP Zone. The BP Zone was designed to fit into neighborhoods, so one would not anticipate having a large bus terminal sort of location, but a small park-and- ride facility/bus stop might be better suited. Since the use on that site is currently there, he felt it would be best to leave it, but not add it to the list of new uses in the BP Zone. Mr. McConke¥ stressed the current use is not a maintenance facility nor a bus terminal, but rather a storage area for buses when not in use. He doubted the site would be grandfathered and that was why he was before the Council with his request to have the use of "bus storage" added to the new uses. President Law pointed out if Council was to address this request conscientiously, it might require more than just adding the use to the allowable uses and would look to the City Attorney to advise them appropriately. Mr. Mcconke¥ stated he believed Council would want advice from the Planning Department and the city Attorney. He felt strongly that Council had the authority to approve his request at this time. President Law suggested tabling this item until Council has been advised of the appropriate action needed, or approve the request TAPE #1380 city Council Reg. Mtg. May 22, 1996 Page 11 of 19 Minutes with he caveat that if this use cannot be grandfathered it would have to be brought back before Council. Mr. McConke¥ suggested Council ask the Planning Department if it is within Council's power or something that they would approve as well. President Law stated his concern was the fact the Planning Commission did not create the category. Mr. M¢Conke¥ explained the use was brought about after the Planning Commission's action on this item. Mr. Nevill___~e asked if this area was designated in the Campus Evergreen Neighborhood Plan, which took place about 6-years ago? Mr. Hough stated he did not believe the property where the buses are located in an area that is proposed for multiple family zone and residential; however, it use to be designated business. The Campus Evergreen Plan trimmed the industrial district back to leave the BP zoning on the waterfront. But, the rest of the property to the south was recommended for medium or high-density, which was transferred into the city's Comprehensive Plan over a year ago and adopted medium residential, then it was adopted with the Zoning Map multiple family residential. Even so, if the use was established legally under the old industrial zoning, it can remain on the site. He pointed out Mr. McConkey's request was a text change, not a map change and could be addressed at a later date. President Law stated he was confused over the point the site was not being used as a bus storage space until after the Planning Commissions hearing on the new Zoning Map. Mr. McCo~_q~9/ stated the problem at the present time is the user of the site has been denied a city business license and it was denied because there isn't any "pigeon hole" for such a use in the BP Zone. Mr. M¢Connell pointed out Mr. McConkey was wanting to address an issue that should be discussed under Agenda item 10A, not 9D. Mr. McC~ stated Planning Department personnel informed him that this item was the appropriate item to discuss his request. In fairness to Mr. Hough, he was not aware of his request; however, other members in the Planning Department were aware of the situation. Mr. ~ouqh stated the permitting department should not be holding up the permit because of the new Zoning Map because if the changes adopted last week are approved on second reading there is still a 30-day period before they become effective and during that time the old rules would still apply. If the uss of bus storage is allowable under the old zone, then the business license should not be held up. Mr. M¢Conke¥ stated Mr. Pratt, Director of Community Development rejected the request. President Law supported the idea that Council would wait for Mr. McConkey to come back to them, if an appeal is required. Mr. colvin asked what Mr. Hough would recommend to satisfy this situation? ~ recommended reviewing the permit issue and see why the request for a business license has not been processed. He did not recommend tabling this item based upon Mr. McConkey's TAPE #1381 city council Reg. May 22, 1996 Page 13 of 19 Mtg. Minutes But, it does solidify some of the actions the Administration has done informally and thus far things have been working well with the claims & Litigation Review Committee. The Committee's intent is to head of claims before they become litigations and to dispose of litigations, once they have been filed, as promptly as possible or keep them as low as possible for payoff. The City has already benefitted from the formation of this committee. Public comment - none. Mr. McConnell pointed out a correction to Section 7, 1.91.060 (5)...Claim payments in excess of $49,999 (not $50,000) shall be subject to approval by the city Council. Mr. Colvin stated he supports this proposal and asked if Council would be apprised of awards under $50,000? Mayor Horton stated that information could be included as part of the city Attorney's claims review, which is done on a quarterly basis. Mrs. Huff-Menees stated when this matter came before the Fiscal and Budget Committee everyone was in agreement and pleased to see it come with the presentation of the recommendations that were made by ' s Mr. Haywood. In terms of the recommendation being followed, she views it as a very good proposal. Fiscal & Budget Committee did not take issue with any of the levels of settlement authority indicted and she supported their passage. Most of the claims that have come before Council often times start out at a higher level than the limits shown. ~or Horton stated if there is a litigation that she believe could be precedent setting, she will come to Council whether or not she has the settlement authority in order to get policy direction from the Council. Mrs. ~uff-Menees stated the Committee discussion revealed there is a comfort level in the fact that there has been a pattern of bringing issue to Council. Mr. Neville noted the settlement authority levels were discussed at the Operations Committee, but no one had any objection to them. Since there was no upper limit of settlement authority, any control is better than no control. He referenced the establishment of a Safety officer and questioned if the duties associated with that position would mean a full time commitment rather than a part time person, who works in various departments? He questioned if the Safety officer's major salary would come out of the Risk Management Department? Kathleen McCluske¥, city Clerk, stated no, the salary would be divided between the departments that use the function and only a quarter of the time for that position would be funded in that manner. The other three quarters of his time will be covered by the Public Works and Utilities Department. Ma~ Horton pointed #0241 TAPE #1381 city council Reg. Mtg. May 22, 1996 Page 14 of 19 Minutes out the Safety officer would receive some assistance from other staff members in the various departments. Mr. Neville asked if Mr. Lucas, who presently servers as the Safety officer, was the only person in the city that has been trained to carry out this function? And, he sees an opportunity during the next budget preparation time to possibly address the increased need of this position. Ma or Morton stated that issue could be looked at more closely as they get into the budget process; however, at this time the work schedule was working out adequately. M/S/C/U(Neville/McConnell) to approve ordinance on first reading establishing the office of Risk Management & Safety within the Department of Administrative Services and amending Chapter 2.92 of the Bremerton Municipal Code. MANAGEMENT ACT RE UIREMENTS' AND ORDINANCE FIRST READING AB96- 10~ Bremerton is reviewing and amending its development regulations to ' t make them conslsten with the Comprehensive Plan and the requirements of the Growth Management Act. The ultimate objective is to bring all major regulations into a single ,,development code". These three chapters of the Zoning Ordinance are closely related to the Zoning Maps and are the first step in the amendment process. The Planning Commission has studied the amendments, held study 16. The ' s session , and conducted a public hearing on April amendments include the introductory Chapter I, the definitions of Chapter II, and the details and minimum development standards of each zone in Chapter V. The Commission is recommending city Council adoption of these amendments. ~, Planning Manager, explained this is a continuation of zoning revisions. He briefly reviewed the following objectives: achieve consistency with the Comprehensive Plan, streamline the permit process, clarify and simplify; integrate new ideas and improvements; and move toward a ,,Development code". The first wave of review involve the revised Zoning Maps, which were approved; Chapter I - Introduction; Chapter II-Definitions; Chapter V - Zoning Districts. Coming at a later date will be discussions on: General Provisions (yards, setbacks, lots, etc.); Special Design Standards (new section); Planning Unit Development (streamlining); Parking, signing and Landscaping (simplifying); Critical Lands (integrating key ingredients into the Development Code); Nonconformities (streamline and simplify); Land Division (subdivision, short plats and minor lot line adjustment); Procedural Requirements (applications, SEPA, hearings, appeals, #2976 TAPE #1380 City Council Reg. Mtg. May 22, 1996 Page 12 of 19 Minutes request. Mr. M¢Conke¥ explained it is a fact that the use is not allowed under the present BP Zone nor is it allowed in the future BP Zone. Before the Map Atlas was printed, it was his hope that someone would allow or disallow the use so he could go through the process necessary to get it allowed. Public comment - none. M/S/C/U(Montgomery/Neville) to pass ordinance on second reading adopting the revised official Zoning Map of the City of Bremerton, Washington. 9E - ORDINANCE (FIRST READING) ESTABLISHING THE OFFICE OF RISK MANAGEMENT & SAFETY WITHIN T~ DEPARTMENT OF ADMINISTRATi¥~ SERVICES ANDAMENDING CHAPTER 2.92 OF TaU BREMERTON MUNICIPAL CODE, -x07 The attached ordinance implements recommendations contained in the John Haywood (Pacific Risk Management) review of September 1995 as follows: 1. Establish a safety program; 2. Designation of a safety officer, responsibilities, and organizational structure; 3. Designate Human Resources Manager to develop and manage return-to-work program; 4. A claims management committee is established comprised of the Mayor, city Attorney, Director of Administrative Services, Risk Manager, appropriate department heads, and the city's contracted claims adjuster; 5. Levels of settlement authority for litigated and non- litigated claims are established as follows: Risk Manager, non-litigated city Attorney, litigated Mayor, Claims Management Committee Council 6. Notification of Risk Manger assure insurance carrier approval. up to $14,999 up to $14,999 $15,000 to $49,999 regarding settlements to Mayor Lynn Horton stated this a continuation of improving the city's Risk Management program. She was not sure if Council agreed with the idea of giving her having the authority to settle claims up to $49,999.00, but currently she does not have to bring any settlement amounts to Council for their approval. Her past practices have been to bring claim/litigation issues that are over $25,000 to Council seeking their concurrence and/or input. She had no objection if Council wished to reduce the proposed authority amount. TAPE #1381 city council Reg. May 22, 1996 Page 13 of 19 Mtg. Minutes TAPE #1381 But, it does solidify some of the actions the Administration has done informally and thus far things have been working well with the claims & Litigation Review Committee. The Committee's intent is to head of claims before they become litigations and to dispose of litigations, once they have been filed, as promptly as possible or keep them as low as possible for payoff. The city has already benefitted from the formation of this committee. Public comment - none. Mr. M¢Connell pointed out a correction to Section 7, 1.91.060 (5)...claim payments in excess of $49,999 (not $50,000) shall be subject to approval by the city Council. Mr. colvin stated he supports this proposal and asked if Council would be apprised of awards under $50,000? Ma or Horton stated that information could be included as part of the City Attorney's claims review, which is done on a quarterly basis. Mrs. Huff-Menees stated when this matter came before the Fiscal and Budget Committee everyone was in agreement and pleased to see it come with the presentation of the recommendations that were made by Mr. Haywood. In terms of the recommendations being followed, she views it as a very good proposal. Fiscal & Budget Committee did not take issue with any of the levels of settlement authority indicted and she supported their passage. Most of the claims that have come before Council often times start out at a higher level than the limits shown. Ma or ~orton stated if there is a litigation that she believe could be precedent setting, she will come to council whether or not she has the settlement authority in order to get policy direction from the Council. Mrs. Huff-Menees stated the Committee discussion revealed there is a comfort level in the fact that there has been a pattern of bringing issue to Council. Mr. Neville noted the settlement authority levels were discussed at the Operations Committee, but no one had any objection to them. Since there was no upper limit of settlement authority, any control is better than no control. He referenced the establishment of a safety officer and questioned if the duties associated with that position would mean a full time commitment rather than a part time person, who works in various departments? He questioned if the Safety officer'S major salary would come out of the Risk Management Department? Kathleen MoCluske¥, city Clerk, stated no, the salary would be divided between the departments that use the function and only a quarter of the time for that position would be funded in #0241 TAPE #1381 city council Reg. Mtg. May 22, 1996 page 14 of 19 Minutes that manner. The other three quarters of his time will be covered by the Public Works and utilities Department. Ma or Horton pointed out the Safety officer would receive some assistance from other staff members in the various departments. Mr. Neville asked if Mr. Lucas, who presently servers as the Safety officer, was the only person in the city that has been trained to carry out this function? And, he sees an opportunity during the next budget preparation time to possibly address the increased need of this position. Ma or Horton stated that issue could be looked at more closely as they get into the budget process; however, at this time the work schedule was working out adequately. M/S/C/U(Neville/McCon~ell) to approve ordinance on first reading establishing the Office of Risk Management & Safety within the ' s Department of Administrative Service and amending Chapter 2.92 of the Bremerton Municipal code. 10A - PUBLIC HEARING TO AMEND THREE CHAPTERS OF THE OFFICIAL ORDINANCE CONSISTENT WITH THE COMPREHENSIVE pI2%NAND TO MEET GROWTH MANAGEMENT ACT RE UIREMENTS' AND ORDINANCE FIRST READING AB96- 108 ~remerton is reviewing and amending its development regulations to make them consistent with the Comprehensive Plan and the requirements of the Growth Management Act. The ultimate objective is to bring all major regulations into a single ,,development code". These three chapters of the zoning ordinance are closely related to the Zoning Maps and are the first step in the amendment process. The Planning commission has studied the amendments, held study sessions, and conducted a public hearing on April 16. The amendments include the introductory Chapter I, the definitions of Chapter II, and the details and minimum development standards of each zone in Chapter V. The commission is recommending city council adoption of these amendments- . nih Manager, explained this is a continuation of ~. Plan g. ~_~A~ .... ,towed the following objectives: zoning revIsions. ~e ~ ' the . ' nc with the Comprehensive Plan, streamline achieve conslste ~ .... ~_~f,,. integrate new ideas and Der~it process, clarlzy an~ ~LF~ ~-~ ~mo,, The first wave ~mprovements; and move towar~ a ,.uevexu~,,=~= ~ · of review involve the revised Zonzng Maps, which were approved; Chapter I - introduction; Chapter ii-Definitions; Chapter V - Zoning Districts. Coming at a later date will be discussions on: General Provisions (yards, setbacks, lots, etc.); Special Design Standards (new section); Planning Unit Development (streamlining); Parking, signing and Landscaping (simplifying); Critical Lands (integrating key ingredients into the Development Code); Nonconformities (streamline and simplify); Land Division TAPE #1381 city Council Reg. Mtg. May 22, 1996 Page 15 of 19 Minutes (subdivision, short plats and minor lot line adjustment); Procedural Requirements (applications, SEPA, hearings, appeals, 1724, etc.); and Enforcement- Chapter I required very few changes and includes: Title and Enactment, Purpose, General interpretation, Basis For Discretionary Decisions, interpretations Of The Zoning Map, and Zoning Upon Annexation chapter II is the Definition section that includes about 160 old and needed to be definition - Some of the definitions were updated and some needed to be added. A few of the newer ones that have been added are: accessory dwel 1 ing unit, Appurtenance/ Appendage, and Art Gallery studio. All of the definitions have been reviewed and approved by the Planning Commission. The Commission held numerous study Sessions, which were advertised and open to the public for their input, but very few comments were received from the public. Chapter V includes a new section ,,Plan/Zoning Consistency", which was intended to show more clearly exactly which zones are directly consistent with which Comprehensive Plan designations. Rezones within the same Plan designation can be approved without a Plan Amendment. But, if the rezone was moving into the next category, i.e., going to CBR from SF-3, then a Comprehensive Plan Amendment would be required. Section 3 - Secondary Zones, is a new section that is being added to make it easier and avoid having to go through a Comprehensive Plan Amendment for a very minor rezone. There is some crlterl related to this type of Secondary Zone application. An example would be: the developer of a large residential development may find a need for a centrally-located small convenience commercial center within the development. An area designated ,,Residential" on the Plan Map would normally require a Plan Amendment to allow the commercial zone. This ,,secondary zone" would make such a small zone possible without a Plan Amendment if it met the test of being supportive and accessory to the surrounding neighborhood. Section 4 - Phasing recognizes the Comprehensive Plan is a 20-year plan and zoning is today. Sometimes when trying to implement the Comprehensive Plan, the zoning is 20-10-5 years ahead of its time and not quite ready, so the phasing would allow designating the future use on the Comprehensive Plan, but phases the zoning in gradually as it is more appropriate later on. An example of that would be the Montgomery Avenue area going from residential to commercial and be part of the Charleston Business District sometime in the future. TAPE #1381 city council Reg. May 22, 1996 Page 16 of 19 Mtg. Minutes 's new and has been added to this section to Zone Summary Table ~ ~-~on of each zone with its minimum combine a ge~er%l ~ ~e this table includes most of tg~ development s~andara~. --%~n~ for in the Zoning ordinance, ~n information most people =~= ..... ~- ~=ndout. can be printed separately as a pumx~ ~= The Lot Requirements Table summarizes the development requirements · includes a number of changes. Mr. Hough for m~st zones .~nt_e of the two most important tables _~n ~e emp~asl~= ~el~n~hat it provides t~e details f~ ~c~ Zonlng.orui~ .... ~t sizes, building heights, e~c., ~or ~ densities, mlnl~u~ ~u in ~he city. Over the years, there have been lots of comments and during the past eight years Planning staff has gathered input and experience from various projects. The experiences were revealing the need to modify setbacks...reducing the front yard setbacks in the higher density zones. This table gives the summary of what's being proposed in the residential zones and most of them are being reduced. Mr. Hough noted the only proposed change to residential height is in the HD (Highland District) zone, which currently has a height limit of 40 ft. (higher with a PUD). since the HD zone is very similar to the MR zone and both allow the maximum density, the table shows both zones have a maximum height of 120 feet. (The Planning Commission recommends combining those two zones into one. The Land Use Table shows allowable uses on every lot in the city, depending on the zone. The table also shows whether or not a use is allowed outright (designated by a "A") or if a Special Use Permit is required (designated by SUP), or allowed in a Planned Unit Development (PUD). If there is no designation in the box, it means it is not allowed totally. Dealing with Nonconforming Lots - this is a voluntary discussion because it seems to pop up every now and then. The city has a policy allowing people to build on any size lot provided they can build legally with the proper setbacks, off street parking, etc. · ~ small, then it should be sold to an adjoining If a {~t_~°There has been some feelings_~h~t ~he ci~Jh%~ proper~y ~ . ~ ~ ]~ts. That issue l~ not allow building on sumSu~u~ ~ _ ._ . ~ 4~ ~4~ht ermined it was not a goo~ l~ea slnc~ x~ ~ reviewed and det .... ~- =-d ~ossibly some takings challenges result in a lot o ..~= ~ ~+h~n~ with their proper~y. by saying a proper ~ ....... ~ ~*~]1 smaller lots with smaller It was felt it would De Deuu~ ~ ...... houses or combine it with a neighbor's lot. There is no reconumended change on the city's policy of allowing development on all size lots, but the city does not allow the creation of a non- conforming substandard lot. TAPE #1381 city council Reg. Mtg. May 22, 1996 Page 17 of 19 Minutes Redesigning The DR Zone - One of the earlier concepts was to change the names of all residential zones. In the single family zones the intent is to eliminate the word "family" since we are not dealing with families in zoning, but rather units, dwelling units, or households and households are not necessarily related by blood or marriage. The duplex zone isn't really a duplex zone, it does allow duplexes, but it also allows single family homes. Some people feel if they can get a rezone from SF-3 to Duplex it is a step up in density or use, but really the density is the same. An opportunity was apparent to modify the DR zone and eventually give it another name, but what is proposed is to change this to the only low density zone that allows more of a variety of housing types. There isn't any zone in the low density category that allows triplexes or multiple family dwellings or townhouses in less than 8-units per acre. He referenced the Pope Resources P.U.D., as an example of that zoning configuration- The impacts and advantages of this proposal is it will allow the mix of zones needed within a low-density PUD without the need to amend the Comprehensive Plan. It will also fill a need for a low density residential zone that allows multi-unit structures to a maximum density of 8 units per acre. The zone could then be approved in the most appropriate locations through the Rezone process. Residential Densities - this is a change to the Zoning Ordinance. The Lot Requirement Table of Chapter V includes a column entitled ,,Allowed Residential Density". Each residential zone has a density range within which development will be limited. The high and low limits are directly consistent with the Comprehensive Plan densities for the categories of Low, Medium and High Density Residential. An example of that is: the MF and CBR zone will require developments of at least 8 DU/acre but no more than 18 DU/acre. A proposal to build a duplex in the center of a half-acre lot in the CBR zone would not be within those parameters and couldn't be approved. The city would require the site Plan to show how at least two more units could be built on the lot at a later time to arrive at the minimum allowed density. That process will allow the phased development of the property but will not allow its future density potential to be lost through short-sighted inappropriate development. r. ~gD~ referenced front yard setbacks and the fact SF-3 was being reduced in the Highland District to 15 and 10 foot with a 20- foot setback for carports. He questioned if the 10-15 ft. setback is allowed will the city allow a driveway without a garage on that front portion? ~ stated explained all carports and garages shall maintain a front setback of 20 feet. People park in their driveways and currently there is 20-feet of space between the building and the property line. If someone does not want to build TAPE #1381 City Council Reg. Mtg. Minutes May 22, 1996 Page 18 of 19 a garage, they must still provide off-street parking, which must be outside the front yard setback. Mr. Colvi~ questioned the provisions for requiring off-street parking? ~ stated generally two spaces for a single family house. For apartments the more bedrooms the larger number of parking spaces are required. Mr. Colvin asked if lots can be created that are only 30 feet wide? Mr. ~ stated yes. Mr Mcdonnell questioned the standards for accessory dwellings? ~ explained another section of the Zoning ordinance will be coming to Council that have those standards. Currently, such standards have not been adopted. Mr. McConnell asked if the city will encourage ,,mother-in-law" units in backyards? Mr. ~ briefly reviewed some of the recommended standards that will be brought to Council at a future date. Mr. MoConnell inquired as to the land mass that will be required for such development? Mr. ~ouqh stated it would require the same setbacks as required by the zone. Mr. Neville noted there are 14 categories in the Land Use Table and questioned if new categories would be added at any time without taking formal action? ~ stated it would take a Zoning Text Amendment to add to, delete or modify the Land Use Table. M~r. ~eville pointed out the whole intent of the changes is to · in the city. ' e streamlln the process for the public and allow infill He commended the Planning Commission for doing a tremendous amount of work on developing the revised document. #1433 Public comment - none M/S/C/U(Montgomery/Colvin) to approve ordinance on first reading amending general provisions, definitions, and zoning district regulations of the Zoning Code; and repealing Sections 21.02.010 through 21.02.080, 21.02.250, 21.02.260, and 21.02.270 through 21.02.340 of the Bremerton Municipal code;, including combining the MR and HD zones with the name to be determined later. president Law acknowledged the TV crew - Erin Daniels, Vallary Daniels, Terry Bolby and Heather Daniels. TAPE #1381 city council Reg. May 22, 1996 Page 19 of 19 Mtg. Minutes With no further business meeting adjourned at 8:02 KATHLEEN L. McCLUSKEY, city Clerk JOHN E. I~AW, -~ouncil p~esident city of Bremerton KLM/JL/me cc: Normal Distribution File/Vault AGENDA BILL '~ N BREME2 lO cITY COUNCIL FOR AGENDA OF: June SUBJ_~CT: ~D AWARr) RECOPI}IENDA'[ION ORIGINATING DEPT: Public ORIGINATOR: B '--McK; TI}IBER SALE 96-], POLE PAT(iH DATE SUBMITTED: Xlav 3. ~_XH~I~B!T S: 2 CLEARANCE~l (Comment · -- if necesSF£YJ~/( / il 1/~'~ Tabulation Director. pW & Lt · _~~ Bid Contract City Attorne~ Admin. Serv. D~r. Fin. & Budget Comm. Onerations Comm. F~r~~'- ~ ON ENDORSEMEN~ INFO, TI I ! APPROVED BY COUNCIL PR~' FOR SUBMITTAL. RE©UIREMENT FOR COUNCIL ACTION: 4. S_U_MMARY S T ATEM_E.~T~A~I~) .......... - As per Public Works & Utilities sustained yield forest managemen~ proOf'am, the above timber sale was prepared and bids called for. Bid tabulation is attached. (please see page 2 for continuation) R_E_CO__MMENDAT I ON: The City Council to approve the high bid sublnitted by Cascade Pole for' $76 103.00 and authorize the Mayor execute the coa~ract per City administrative policies and procedures. 9. RESPONSIBLE OFFICIAL: _Public Works _Dir. ENFORCEMENT OFFICIAL: EXPIRATION DATE: D.e_~ber %1.~ 1~9_6 REVIEW DATE: PULLED [ ] TABLED COUNCIl, DI ~,l~(;lI ~: APPROVED [ ! DISAPPROVED 11. AGENDA BILL NO.: AMENDED 2. CLEARANCE COMMENTS: SU~MMAR_y_ STATEMENT AND REOU~g~M~~-FOR C0UKC%L gCTION~- Cont~n~uation This sale is a selective harvest of approximately 108 MBF of pole quality timber on aooroximate]v 35 acres. ~IMPACT ON NON-PASSAGE: Loss of timber sale revenue to the Water utility. ' S EQUIPMENT AND OTHER ~{ESOURCES: .... CT ON STAFFING- BUDGETS. FACILITIES ~-- ..... Staffin~: N/A Bud=et: Loss of timber revenue. Fa~ 1 it ies/E~"- N/A RESEARCH_S_OU~RC~E_S-: Forestry Manager. CITY OF BREMERTON: BID TABULATION FORM BID OPENING DATE: TIME: ~:oo p,",,"~ OPENED BY _~. RECORDED BY ... ............. ii r-MO ~- TOTAL ...... NET TAX · BID BIC = ~- - / ANALYSIS NET ICATIONS, ETC. LOW BID VENDOR: SECOND LOW BID: THIRD LOW BID: CITY OF B R E Z RT O N Department of Public Works & Util__~zes - Forestry Division T~MBER SALE PROSPECTUS SALE NO: 9~-1 -- SALE NAME: Po~e Patch Selective Cut EXPORT STATUS:~R~stricted under W~C 240-15 or as r~vised_ SALE DATE: __$une 3, 19~6 __, 2:00 P.M. , Purchasing Division, Office of City Clerk, 239 - 4th St, Bremerton, WA Sale area located on Water Utility land consisting of three units in the vicinity of Gorst. Ail units behind locked gates. PERMITS: City has obtained State Forest Practice permit. LEGAL DESCRIPTION: Ail timber painted with orange horizontal bands and bounded by timber sale boundary tags~ and non-merchantable areas, and all timber bounded by right-of-way boundary tags located on part SE1/4 NE1/4, NE1/4 SE1/4 Section 31~ and part NWl/4 NE1/4 Section 29, all in Township 24 North, Range 1 East, ~.M.; part SW1/4 NWl/4 Section 4, Township 23 North, Range 1 East, containing thirty-five (35) acres more or less and comprising: ~pecie% Volume (MBF) Quality/Percenk Douglas Fir 2S 21%, 3S 79% Hemlock 2S 4%, 3S 96% 108 5 Total 113 Marked tree count: 497 MINIMUM BID: $35,000.00 . Timber will be sold on a cash or installment plan basis. Details will be furnished upon request. BID DEPOSIT: Ten (10) percent of total bid price. Upon award of contract this becomes the initial deposit to be maintained with the City for timber payment. Bid deposit shall be in the form of a cashier's check, cash, or other form payable to the City. PERFORMANCE BOND: . $3,500 _. Successful bidder shall submit performance security documents to the City upon execution of contract. LICENSE: Purchaser shall have or obtain a City of Bremerton business license prior to award of contract. EXCISE TAX: Forest excise tax to be paid by Purchaser. EXPIRATION DATE: All contract requirements must be completed by ~cember 31, 199~. TIMBER TYPE/LOGGING CONDITIONS: Pole quality second growth Douglas fir. Rubber-tired or tracked skidder. Equipment shall be sized to minimize damage to soils and residual stand. No selective cutting between A ril 1 and June 30, SLASH TREATMENT: Within selective cutting areas, limbs and non- merchantable tops to be lopped and scattered within sale area. Within right-of-way area, all woody debris shall be piled cleanly in designated areas and burned, ROADS: Via City access and easement. Approximately 5 stations new construction; approximately 13 stations of existing road to be surfaced with crushed rock. Specifications contained within the contract. Normal maintenance on existing main access roads to be accomplished by City; new construction and surfacing by Purchaser. FEES: $1,299.00 to McFarland Cascade Company for marking. This is in addition to the bid price. Payment to be made prior to award of sale. BIDDING INSTRUCTIONS: Prospective bidders are urged to make their own independent study of the sale area and other conditions. Contact the Forestry Manager at 478-5354/5318 to arrange to view (OVER) . e area, between the hours of 7:3C m. and 4:00 p.m., Monday- Friday. Volumes of timber described in this prospectus are estimates only. The City neither warrants, nor limits the volume. If any conflict exists between this prospectus and the contract, the contract shall prevail. Bids must be submitted on attached proposal Sheet, The City retains the right to reject any and all bids. Highest qualified bid subject to confirmation by the City Council of Bremerton. Specifications and contract documents may be reviewed at the Cit_ v , ffice (Z$9 - 4th Street, Bremerton/478-5290); the . · · (3027 olympus ~es Administrat ~on be DriVe, Bremerton/478-5318)' or the Forestr Division office ~4398 West Old Belfair Highway/478-5354)' Contract documents will sent to prospective bidders upon request, .,,,//,'f]l/ I I CITY OF BREMERTON Department of Public Works & utilities BILL OF SALE AND CONTRACT TO PAY FOR AND REMOVE FOREST PRODUCTS FROM CITY LANDS SALE # _ 96-1_k_ SALE NAME: __Pole_patch Se~ective Cut EXPORT STATUS: __ Export Restricted CONTRACT # THE PARTIES to this Bill of Sale and Contract for the Removal of Forest Products are the CITY OF BREMERTON, a Washington municipal corporation, situated in the County of Kitsap, State of Washington, the address of which is 239 4th Street, Bremerton, Washington 98337, hereinafter referred to as the "CITY", and Cascade P01e and Lumber Company _, whose mailing address is hereinafter referred to as the "PURCHASER". 1-0 GENERAL TERMS 1.___il Tittle ~onveye4: The sale herein memorialized has been authorized and ordered by the Council of the City of Bremerton, the Purchaser having made the highest qualified bid for the forest products described below, and that bid having been accepted by the 19 the City hereby sells and City on ' conveys to the Purchaser title to the forest products described in the following paragraphs, and more fully described in said paragraphs. ~.% P__roducts Sold: The forest products conveyed to the Purchaser are described as follows: only marked timber (orange painted horizontal band) bounded by timber sale boundary tags and non-merchantable areas, and all timber bounded by right-of-way boundary tags comprising approximately 108 MBF of Douglas fir and 5 MBF hemlock. ~.2-1 V__olum___e Es.t~mates.: Amounts of forest products sold under this contract or in the prospectus are estimates only. The City, making such estimates, neither warrants nor limits the volume of forest products sold under this contract, it being agreed that each party has had full opportunity to investigate the volumes on the sale area, and relies solely upon its own observations and estimates. 3.3. ~ale A~ea: The sale area consists of 3~5 acres, more or less, situated in Kitsap County, State of Washington, and is described as: Part of the SE1/4 NE1/4, NE1/4 SE1/4 Section 31, and part NWl/4 NE1/4 Section 29, all in Township 24 North, Range 1 East, W.M.; and part SW1/4 NWl/4 Section 4, Township 23 North, Range 1 East, W.M.. 1.4 O e~tin~Auth__ority: Purchaser is hereby granted permission to enter upon City lands and remove the forest products ~ 1.2 upon execution of this contract by the City itemized in Clause representatives and upon payment as set forth in and its authorized Clause 2.0. Purchaser hereby agrees to remove said forest products by December 31~ 1996. However~ no operations on the selective cut ~ and__June 32. portions of the sale will be allowed between ~ !.5. ~epr-esentatives': !.5_--1 Ci~: The rights and duties of the City under this contract will be exercised by the City's Public Works and utilities Director or such officer as may be otherwise designated by the Director. P_urcha~se~: Purchaser agrees to immediately notify the City in writing of the name, and address of a person who will be readily available at all reasonable times during the construction and logging operations, and who shall be authorized to receive on behalf of the Purchaser, any instruction or notice given by the City in regard to performance under this contract, or breach thereof. Dam___age~. In ~.~ p__~gym~nt for Forest products Destroyed or the event any forest products included in this contract are destroyed or damaged from any cause not otherwise covered herein, · or b the Purchaser on demand by the City, ~h~ same shall be paid f. Y _. ~_n ^r if no rate is therein vi-~^ ~tes contained in Secnlon ~ ~ ,~+ o~ralsed value as fixed for a partzcu±ar ~ -baser shall have the right to remov= determined by the City. rur~ forest products remaining on the sale area upon payment therefore. 1.__~7 Time Extensions: An extension of operating authority time as established in Section 1.4 may be granted by the City upon written request made fourteen (14) days prior to the expiration date of the contract, and upon such additional terms and conditions as specified by the City in authorizing the extension. The terms and conditions may include, but are not required to include, the requirement that the Purchaser pay an additional sum in consideration of the extension agreement. This sum will be based upon such matters as the Council deems relevant in establishing a fee: ~rovi___deJ: That in no event shall the extension fee be less than $1000.00~ plus the interest on the unpaid portion of the timber value of the contract. 3.8 Insurance: Purchaser shall, before commencing operations, provide the City with a certificate of insurance evidencing commercial general liability coverage of at least $1,000,000 per occurrence including logging broad form property damage. The City of Bremerton shall be named an additional insured, and the policy shall be kept in full force during the lifetime of this agreement. 1.__9 Taxes. Purchaser has sole responsibility for payment of timber excise tax as well as any other taxes levied by any government agency having authority thereof. ~.10. Export Restrictions: Timber conveyed under this contract is restricted from export under WAC 240-15 and is subject to all laws applicable under this chapter. 1.10-1 ~urchaser Certificate: Purchaser shall complete a Purchaser Certificate included with this contract and return to the City prior to the commencement of logging operations. 1.10-2 ~: Ail logs shall be branded at both ends with a registered log brand and painted at both ends with durable red paint. Purchaser is responsible for providing the brand and paint at his expense. 2-0 PAYMENT 2.1. Forest Product~. Purchaser agrees to pay for the forest products hereinbefore conveyed on the basis of the accepted bid price, said bid price being in the amount of $ 7~.103.00 Bid price to be paid according to the following schedule: A deposit of 10% of the bid price due upon award of contract, the balance due prior to commencement of timber falling operations, or on an installment basis as approved by the City Treasurer, provided the value of timber to be felled within the installment period will be paid for in advance of cutting exclusive of the initial deposit. said deposit may be applied to the final payment (equal to the lump sum bid). 2.2 Scaling Information. Purchaser agrees to furnish the City with scaling information showing the scale~ count and measure of forest products removed. The scaling information shall be furnished to the City within sixty (60) days after completion of logging operations. 3 3-0 DEPOSITS AND BONDS 3.1 De__oosi~. Purchaser, having heretofore deposited $7,610.~-- , hereinafter called the initial deposit, is initial deposit with the required to maintain this amount as an City. Said deposit is partial payment of the total bid price. 3 2 Noncompliance. The payment of the Purchaser of any damages to the City resulting from noncompliance with any rule regulation, or law of the City or other governing agency, is hereby made a condition of this contract the performance of which is secured by the required cash deposits and/or surety bond. 3.3 Performance Bond. As a guarantee of the faithful performance of the provisions of the Agreement, including not only the payment of all sums due the City hereunder but all damages accrued to the City by reason of the operations of this Agreement, the Purchaser delivers herewith a performance bond in the sum of I3~500.00. 4-0 MERCHANTABILITY 4.I M_erchantable ~oK. A merchantable log is one in which the net board foot volume is at least 33 1/3% of the gross board foot volume, meets the minimum recovery requirements for the lowest log grade for that species, and scales not less than 20 board feet of net volume, has a minimum diameter inside the bark at the small end of six inches (6") and a minimum length of twelve feet (12'). 4.% ~tilitv Lo~s. utility logs are logs in which the board foot volume is less than 33 1/3% of the gross board foot volume, and have a sound chip content of at least 50% of the gross scale, do not contain wood which is burned or charred, and are suitable for mechanical debarking. ~rovide~: That utility logs shall not scale less than twenty (20) board feet gross volume and have a minimum top diameter inside the bark of six inches (6"). 5.3. ~emoval o__ff utili__tY Logs. All utility logs, as defined in this section, shall be yarded concurrently with the yarding of other logs and shall be removed from the City's land at the completion of the yarding and prior to the moving from any 4 particular landing. 5.0 LOGGING ~ ~+~on and Pre-L°~.i~.n ~.1 Plan o~ ~~ ~artin~ operations wlthzn w~ti~-~. The Purchaser shall, o~o~~ ~f ~he bonds and other the sale area, in addlt~ v~ submit to the Czty Representatlve,_ agreements r~ferred ~ft~ff2~'including a summary of ~e~e ~°a plan of loggzng ope ~ ~e followed~ timeS to be maln~a ~ ~.~ ~'zed the sequence ~o u ~ m~ ~e~uired by the ~uD±lu Works and utilities Director, or his appointee. Upon approval by the City, the Purchaser shall carry out its operation under this contract in compliance with and pursuant to the plan. Purchaser shall arrange to meet with the City Representative before commencing any operations on City land. rchaser shall fall all timber into the 5.2 ~allin_~. The Pu ..... The tops, limbs and trees sale ~r~a whenever reasonabl~ ~s~loi~'_^~ ~mnaurrently wit he f~led into adjacent areas snail De re,~ ........ h t logging operation. Directional falling is required along streams 5.3 Forest Practices. Purchaser shall fully comply with provisions of the Forest Practices Act of the State of Washington subsequently amended and shall hold the City as now existing or as harmless from any obligation or liability arising thereunder. t roductS sold under this Contract ~ 4 E~uip_$~en~. Fores . P .... ~ or tractor. ~E~ment ~ ~ ~oved by rubb~r-t~re~ s~zu%~__~ to soils or residua~ ~Xsh~ll be sized so as not to caus~ -- st___and__~. ~.5. St~' Ail trees shall be cut as close to the ground as practicable. eam Protection. Yarding equipment and any other 5.~ ~r~-~ ~i~ back from any stream bank so that the act of equipment sna±± u= oet yarding, storing or operation will not damage or encroach upon the flowing stream in violation of any statute, rule, regulation or agreement in relation thereto. No timber shall be felled across, or into, and no yarding shall be permitted in or through such stream courses, lakes, or ponds, as designated by the City, or by any agency of the State having jurisdiction thereof, unless 5 33- permission to do so appropriate State agency. is granted in writing by the City and/or the 5.__~7 A__ddi!ion__al Timber' The within the sale area boundaries marked outside such boundaries. City may mark additional timber or timber may be individually Such adjustments or marking will be accomplished by the City. The Purchaser must remove all merchantable material so designated prior to the expiration date ' All of the operating authority as defined in Clause 1-4 herein. merchantable timber so marked shall be paid for at the bid rate or at an appraised valued as determined by the City. Such payment shall be made at the same time and in the same manner as provided for other forest products conveyed under the terms of this Contract. 5.___8_8 ToR~. Non-merchantable tops and limbs shall be lopped and scattered within the selective cut sale area. All woody debris generated within the right-of-way area shall be piled cleanly in designated areas and burned, 5.9 Unde~l nated Tree%. Any trees, standing or down, not designated for removal that must be removed in the construction of landings, skid roads, truck roads, firebreaks or other authorized construction, shall be marked by the City, and the Purchaser shall pay for such trees at the amount bid for similar products or at an appraised value determined by the City. Provid~edh That windfall timber within the sale area is not included with this contract. If said windfalls need to be moved for access to roads and skid trails, they shall be moved or if necessary cut to maintain the highest merchantable value. Purchaser may remove windfalls after payment as determined by the City. D.1Q Rub Tree~. skid trails. Rub stumps or trees shall be left on main 6__.11 S_~R°~ds' Whenever practical, existing spur roads and skid roads shall be utilized. Additional spur roads shall be approved by the City prior to construction. No skidding on existing main roads unless authorized in writing by the City Representative. Provided:. That skid roads located across the Cascade Natural Gas pipeline location, shall have adequate cover over said pipeline as directed by the Company representative. 5.12 Land_____in~. Wherever practical, existing openings shall be used for landings. Landings shall not be located on main access roads. Landing location shall be approved by the City Representative. 5.13 Wa__~ter Bars. Prior to termination of this contract or cessation of use, whichever is sooner, the Purchaser shall construct water bars across hauling and yarding roads and fire trails in locations designated by the City if deemed necessary by the City Representative' Purchaser shall obtain a written 5--.14 ~O~ea~ienf~roR~ity where there has ibnece~udSiantgiSbfua~t°nroYt may be provided here' ' ' cutting rights revert to the City. 6-0 DAMAGES 6.~1 G__ene~a~. All operations of the Purchaser under this agreement, including any construction, whether of roads or otherwise, and cutting and removal of timber, shall be so conducted as to minimize, so far as is reasonably practicable, danger to adjacent City timber, or reserve trees within the sale area or within any area within which Purchaser carries on activities, whether transportation or otherwise, as well as to any stream course, stream side, reservoir~ lake or pond within such areas, and to all other properties affected thereby. 6.2 Stream Course~S. Reservoirs, stream courses, stream sides~ iakes and ponds in or adjacent to the sale area shall be cleared of logs, chunk and other debris deposited therein, as a result of operations under this contract. Such material shall be removed and deposited in such a manner as is satisfactory to the City. Use of machinery in such waters is prohibited unless provision for such is granted in writing by the City and approved by all appropriate agencies having jurisdiction thereof. ~.% Er___osion and Damaze to $~i~. During operations under this agreement, including the construction of roads and landings, purchaser shall take such precautions as are necessary to minimize erosion and damage to the soil, and make certain that no 7 governmental rules or regulations or laws are violated through such erosion, or as a result of its operations. Purchaser shall exercise every necessary means to prevent contamination and pollution of the waters or any reservoir, stream course, lake or pond as a result of any operation by Purchaser during the performance of this contract. constitute contract. per tree. ~.! Dama_~e to Trees 6.4.k Any trees damaged in the course of normal logging through th~-utilization of reasonable methods may be marked by the City and the Purchaser shall pay for such trees at the amount bid for similar products or at such appraised values as may be reasonably determined by the City. Purchaser shall have the right to remove the product so marked upon payment therefor. 6.~._~2 Damage to more than 5% of the leave trees shall excessive damage and shall be considered a breach of Damaged trees will be billed for at the rate of $50.00 Damaged trees shall not be removed. 6 5 Deleterious Material. Ail necessary care shall be taken - harmful by the Purchaser to prevent fuel, oil, grease or other materials from entering the waters of any reservoir, lake, stream course or pond as a result of any operation of Purchaser. Refuse resulting from purchaser's use, servicing, repair or betterment of its equipment shall be immediately removed from City property. 6.6 other Damages. Any damages to fences and/or other structures caused by the Purchaser s operations shall be repaired at the Purchaser'S sole expense. 7-0 SURVEYS AND MARKERS 7.! Ci-~Ma~k%' The City has located and marked or otherwise designated all sale boundaries. Purchaser has gone over the boundary lines on the ground, knows where they are and agrees to confine his or its cutting to the forest products contained within the boundaries and to be responsible for any violation of this requirement. · ~ Markers. AnY land, subdivision, survey, 7.2 Preservation o~ ~''~ -- L s of any type are to be · or survey marker cornerS'7 witneSS o~3eCt%estroyed or disturbed the Purchaser sh~ reserved. If suCh are ~. ~.~ land surveyor in accordance wlu,, ~= ~tablish them by a ±lce~]~ ~-~s at Purchaser's own and United States Genera~ ~ 8 sole expense. Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of road construction must be adequately referenced and such reference approved by the utilities Director prior to the removal of said corners and/or witness objects. 8-0 SLASH DISPOSAL - FIRE pREVENTION AND CONTROL " ~ h" that term is 3.1. Sla____sh D~efine__jd. The term sias , as utilized for the purposes of this contract, shall mean all debris of whatsoever type created on the sale area and right-of-way thereto by logging, milling, and other related operations of Purchaser, or by windstorm. Slash D__~osa_~/Fire Hazard Reduction_~Pla~. 8.2 if required, will be A slash disposal/fire hazard reduction plan, part of this contract by attachment and will become part of the contract therein. 8.___~3 Wa__~ive~ of----Sl~1 ~_rea_tm~n__%. The City reserves the right to waive any requirement relating to slash disposal or fire prevention, so long as such waiver is made in writing by the City after Purchaser has been provided alternative methods for disposal and fire prevention, which have been approved by the City: shall be subject to revocation in the the Purchaser to comply with such Pro___vide~: That such waiver event of any failure of alternative methods. 8.4 Men and E u__q_q~n%. The Purchaser agrees to provide persons and equipment at its own expense to fulfill any requirement that may be established by law, whether State or Federal, whether such persons or equipment are to be utilized for slash removal or fire prevention and suppression. 8.__~5 Clean Firebreak~. The purchaser shall, upon completion of logging and at such other periodic times as may be stated in writing by the City, clean out all fire trails and skid roads designated by the City as fire breaks, leaving them free of debris for suitable fire breakS. When designated by the City, water bars and cross ditches are to be installed on trails to prevent erosion. pr___ovi_de~: Slash at landings shall be bunched and fire trailed as directed by the City Representative. Limbs and non-merchantable tops to be lopped and scattered within the sale area. 9 8.6 Fi__~re ~es~sibili__~. Purchaser shall reimburse the City, i---~s agents or employees, for all costs and/or liability of whatsoever nature incurred as a result of negligence of the Purchaser in the creation, spreading or escape of fire, whether such liability is incurred by the City through and/or to private parties or governmental agencies. ~ ' -t Durinff~_Closed Season. T h e 8.7 Operatin~U J2~ --~ .... i~ment powered by a spark- -~ ~J~s' Not to operate any =~ ~_ 4= _~ ~o~¼ year for Purchaser a~ '- ~ ~ ~ril 15 and Octooer to o~ .... _i emitting engin~ oetW=e~=%u~pression or road construction lo g ' · it is equipped with spark arrestor of a type approved by the State of Washington for utilization within its lands. Nor shall it operate any power saw or power equipment in any condition which is known or can reasonably be known to start fires. The City reserves the right during periods of dangerous weather as designated by the City, to prohibit the operation of any or all such spark-emitting engines within the sale area. 8 8 Fire Hazard Reduction. In the event the City furnishes · - '-- · '- ~ to provisions relating to but not fire hazard reduction ~ n ~=a tion of f~re dangers, t~e ~' ;+~ ~o slash disposa~ an~ ~uc ...... + such time as may oe ~lm ..... ~- cartv forth the measur== ~ Purchaser agrees to established within the plan, but no later than the completion of logging in an area or at such other time as may be directed by the City. 8.__~9 F__i_re_Exti__ng~ Fire Tool__s. Eve ry int e rnal combustion motor, yarder or vehicle shall be equipped with a chemical fire extinguisher and shall comply with all State established regulations relating to such equipment. Purchaser further agrees during the period of April 15 to October 15 to maintain on his operation tool boxes and other fire equipment as required by Washington State law. Dis osal Work Not Compl~ete__d. In the 9 10 Charge for sla~ =--th the slash disposal ~--2[i+--the Purchaser fails to carry lo[~ ~event fires from preparation work =~r~m or within the t~mber starting or spre~u~ = ~ the City in any hazar~ re~Ucu~ .~.5 _ date that is deslgna~ea uy .... + the City shall have the rzoht 5o set forth or within tnis aration and the Purchaser agrees to pay complete such work or ~r~;es reasonably expended by the C}ty Clt the sum oI to the ' y = _+~=~ a~rees to pay all costs .... u The Purchaser ~ur~,,~- = ---~+ of the failure Purchaser to ' 10 fire reduction measures, or to make available the men and equipment as required by the terms of this contract. 8.11 Weather Instrument~. During the period from April -- · shall orovide and maintain such to October 15, the Purchaser weather instruments which will at all times measure the relative humidity and temperature of the air, and make the reports therefrom available to the City upon request. Observations shall not be required on any day that rain is falling. At such time as the relative humidity is 30% or less, operation of any and all spark emitting machinery, with the exception of automobiles, must voluntarily cease, unless permission to continue is given in writing by the appropriate officials of the City. 8_~.1~ Wat____chp__erso~. During the period April 15 to October 15 and such other times as may be designated by the City, Purchaser shall have a watch person on duty for at least two hours after the closure of operations for the day, or any part thereof in which operations occur: Pr__ovide~: That with the written permission of the City this requirement may be waived or modified. All watch persons shall be competent and trained in fire detection and suppression activities. 8.13 Ooen Fires. Purchaser shall not set or allow to be set at or maintained by his employees or subcontractors any open fire any time of the year without first having obtained permission in writing from the City. 8.14. Fire Line~. Purchaser shall construct a fire lane or fire ~reak along the outer boundaries of the logging area or areas if required by a slash disposal/fire hazard reduction plan attached to this contract. Such fire lanes or breaks shall be located and constructed to the satisfaction of the City. On or adjacent to the fire lane or break, all dead trees shall be felled and all flammable materials, including slash, reproduction and debris, shall be pushed or otherwise moved into the area to be logged. The cleared width ordinarily may not be required to exceed that of the bulldozer blade used in construction, but additional width may be required if considered reasonably necessary for safety by the City or Purchaser. When deemed necessary in the judgment of the City, a continuous lane cut to mineral earth shall be provided on the exterior edge of the cleared area. 8.15 SheaRs. SnagS, decadent and deformed live trees meeting the requirements of the forest practice laws for wildlife habitat may be marked. These are to be left standing unless they create a 11 hazard to workers as per applicable worker safety regulations. 9-0 ROADS _9.1 Authorizat---~°n' Purchaser is authorized to construct and maintain on the City lands all necessary roads, bridges and other transportation facilities needed for the cutting and removal of the timber included in this contract. When utilized throughout this contract, the term, construct , shall include the term, "reconstruction , or reconstruct". 9.~ ~oad Constructios. Ail construction, reconstruction, and betterment of roads covered under this contract shall be located and constructed as approved by the City and/or will be in accordance with a plan provided by the City and made a part of this contract by attachment, if required. 9.3 Location~ Des~n, and Constructios. Such roads and ..... in accordance with other facilities shall be located and maintained the provisions and specifications set forth in this contract or the attachments thereto and shall at all times remain the property of the City. Any existing road or facilities utilized by the Purchaser in the performance of its activities under this contract shall be maintained and left by Purchaser, in as good or better condition than found at the date of Purchaser's initial use. The relocation, design and construction techniques of all such roads and facilities shall be approved by the City before construction is commenced by the Purchaser. Purchaser agrees that any transportation facility needed for operation under this contract shall be located, constructed, operated, and maintained in a satisfactory manner. The City shall further have the right to utilize and allow the utilization of any road construction by the Purchaser under this contract for any and all purposes in connection with the protection, administration and utilization of the area here in question: Provide~: That as to any non-public road constructed by the ~urchaser any such utilization shall not materially interfere with the operations of the Purchaser. 9.3 J_oint Us~. Use of any facility constructed or reconstructed by the Purchaser hereunder, other than as a public road, by any other Purchaser of timber from the City shall be contingent upon the following: (a) Approval of such 3oint use by the City. 12 (b) (c) Performance or payment as the City may direct of the subsequent Purchaser's proportional share of maintenance based on the respective use of the parties. The right of the Purchaser to require such additional party to enter into agreement with the Purchaser against and from any and all loss, damage, cost and expense that may be incurred by such parties by reason of any defect negligently or non-negligently caused or permitted by the Purchaser or the contracting party in the construction, use or maintenance of such roads. 9.5 Liability for Damage. Any required payment or maintenance carried out by the Purchaser shall not relieve the Purchaser from liability to the City for repair or damage to the roads, including bridges and culverts, due to overloading trucks, carelessness or negligence on the part of the Purchaser, its employees, subcontractors and their employees, or any other party utilizing the roads with permission of Purchaser. 9.6 ~eservation~. The City shall have the right to use, without charge, all existing roads and/or any road constructed or reconstructed on City lands by the Purchaser under this contract for any and all purposes deemed necessary or desirably in connection with the control, management, harvest and administration of City-owned land or the resources thereof and the City may extend such rights and privileges to others, provided such use by others shall be controlled so it will not, in the opinion of the Public Works Director~ interfere unduly with the use of the road by the Purchaser. 9.7. Construct to Plan. The Purchaser shall construct and/or reconstruct each road listed in the table below in accordance with the City's plan and the standard specifications attached to this contract. If any changes from the plan and design are desired, the Purchaser shall make location surveys tied to the City's location, and prepare a revised plan in accordance with the specifications attached to this contract. The original copy of the revised plan shall be submitted to the City for approval. If the City does not approve the revised plan, the Purchaser shall make such changes as the City requires, and shall then deliver the plan to the City. toad Designation 7000 (existing) Length 1300' Remarks Surface with 6 inches 1 1/2" minus crushed rock 7000 (new) 500' construct to plan 13 9.8 Lo~King Spur Roads. Logging spur roads are not required to be built. All logging spur roads which the Purchaser elects to construct shall be constructed according to the road plan attached. If any changes from the City's location and plan are desired, the Purchaser shall mark the new location on the ground in accordance with a road plan approved~ in writing, by the City. 9.9 Completion Prior to Use. Unless otherwise provided herein or in the operating plan, bridges and roads shall be completed prior to their use for hauling timber other than timber cut in clearing the right of way: Provided: That the Purchaser may be relieved in writing of this requirement if it is determined by the City to be impractical under existing conditions or would, in the opinion of the City, cause undue hardship to the Purchaser. 9.10 Construction Season. Road construction and/or betterment under this contract shall be limited to the period May 1 to October 15 unless otherwise authorized by City representative. 10-0 BUILDINGS AND IMPROVEMENTS 10.1 Buildings and Improvements. Purchaser may construct on City lands, when authorized to do so by the City, such buildings or other improvements as may be reasonably necessary for logging the timber included in this agreement. All such buildings or improvements shall be located to prevent pollution of the water in streams or lakes and shall in no event violate any applicable City, State or Federal law, rule or regulation. When such improvements are to be moved or abandoned, the Purchaser shall dispose of the improvement in such a manner as is acceptable to the City. The authorization granted hereunder to build or maintain improvements upon the City lands terminates with the termination of this agreement. 10.2 Abandoned Property. Any improvement, whether a building or otherwise, constructed upon the property of the City may, with the consent of the City, be left upon the property from the termination of this contract: Provided: That upon any such action, title thereof shall pass to the City. 11-0 OTHER CONDITIONS 11.1 Notice. Ail notices to be given by either party to this 14 contract in relation to this agreement shall be in writing and may be served personally upon the parties at the addresses noted below or by certified mail, return receipt requested~ addressed to the party to be served at the address hereinafter set forth. Any notice to be given by certified mail shall be deemed to have been received four days after the posting thereof in the United State Postal Service, postage prepaid. 11.2 Breach of Contract. In the event the Purchaser violates or breaches any term of this agreement or any requirement hereunder, the City shall have the right to suspend operations of the Purchaser hereunder by the giving of written notice~ specifying the breach alleged. If such breach is not remedied within thirty (30) days after the giving of the notice, the City may terminate this agreement and the Purchaser shall have no further rights under this Bill of Sale and Contract. Upon such termination, the City shall notify the Purchaser of a Breach of Contract and the deposit made in connection herewith may be forfeited upon order of the City Council and action may be taken to recover damages from the Purchaser and surety. 11.3 City's Right to Remedy Breach of Contract. In the event the Purchaser has violated or breached any term of this agreement and has failed to remedy the breach thereof~ the City shall have the option to remedy of any such breach if, after the giving of notice of breach required hereby, the Purchaser shows no indication of attempting to remedy the breach, or if there is an apparent inability of Purchaser to remedy the breach as such absence of attempt or inability may be reasonably determined by the City, the City may, in its discretion, immediately enter upon the property and commence attempts to remedy the breach. Any expense so incurred by the City shall be charged against the Purchaser and be paid to the City by the Purchaser within thirty (30) days after receipt of the billing for the expense. Purchaser shall, in addition to the cost of the attempt to remedy the breach, be responsible to the City for any such losses or liabilities as may be incurred by the City, as a result of the breach, such losses to be paid to the City by Purchaser within thirty (30) days of notice of the amount in question. 11,4 Assignment. The Purchaser shall not assign any rights hereunder without the consent of the City in writing, signed by the Mayor of the City of Bremerton. No purported assignment of any such right shall be effective without the consent herein anticipated. 11.5 Purchaser Complaints in WritinR, Complaints by the Purchaser as to any action taken, or any action not taken by the 15 City, in respect to this contract~ shall not be considered unless made in writing to the City within thirty (30) days of any such action or non-action. 11.6 City's Right to Sell. The City reserves the right to sell from the sale area during the period of the contract any material not covered by its terms. It shall not permit the removal of any such material at a time or in such a manner as will seriously interfere with the operations of the Purchaser in the performance of this contract. The City further reserves the right to make such use of the property within the sale area with the operations of the Purchaser. 11.? Compliance with Laws. Purchaser, its employees, subcontractors and their employees shall conduct their activities in a safe and workmanlike manner to comply with all appropriate City, State and Federal laws, rules and regulations in relation to such activities, and shall cooperate fully in making it possible for the City's officers to inspect the cutting, logging, construction and other activities of the Purchaser under this contract, and to conduct their official duties on the sale area and its vicinity. .11.8 City Held Harmless. The Purchaser shall hold the City, its agents, officers and employees harmless from any liability of any sort whatsoever, whether for in3ury to persons or property or otherwise arising out of any cause whatsoever related to Purchaser's operations or performance, action or inaction of this contract. Purchaser shall further, upon the tender of any such claim, assume the defense of any claim filed or brought against the City arising out of Purchaser's performance of this contract. In the event Purchaser fails to comply with the provisions of this paragraph, it shall pay to the City any and all expenses and monies reasonably expended in the processing, defense and settlement of any such claim, with the payment to be made within thirty (30) days of the tender of a statement therefor. 11.9 City's Right to Close Operations. If, for any reasons, including but not limited to danger of fire determined to be excessive by the City, the City exercises its right to order the closure of operations under this contract, (said right being thereby recognized, established, and acknowledged) the time of completion of this contract shall be extended by the number of days or portion thereof contained within said closure, so long as the closure is not as a result of actions of Purchaser or any person or entity acting upon Purchaser's behalf which are actions in breach of this contract. The extensions of time shall be Purchaser's sole remedy under this contract for any such closures and shall be in 16 lieu of any other right, whether at law or at equity, including but not limited to monetary damages. If the closure is as a result of Purchaser's breach of this contract or is a breach of the contract any person or entity acting on Purchaser's behalf, there shall be no right to the extension provided for hereunder. 11.10 Venue. Any litigation commenced between the parties to this contract arising out of this contract shall be filed in the Superior Court of the State of Washington, in and for the County of Kitsap, which shall be the court having proper venue thereof. 11.10.1 Settlement. In addition to any other relief granted to one party against the other, the parties agree that the non-prevailing party in any such litigation shall pay to the prevailing party~ in addition to any such other relief, the sum determined by the court to constitute reasonable attorney's fees. 12-0 EQUAL OPPORTUNITY 12.1 During the performance of this contract, Contractor agrees as follows: the (a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. (b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex or national origin. 13-0 SPECIAL PROVISIONS 13.1 Sanitary Regulations. Sanitary Washington State Department of Health shall 17 regulations by the be observed. Sani-Can type restroom facilities shall be provided by the Purchaser. ~3.2 Firearms. No Bremerton Watershed lands. firearms shall be permitted on 13.3 Trespass. The Purchaser shall confine his operation, employees, subcontractors and persons under his supervision to the sale area and roads utilized for ingress and egress to said sale area as described in the contract unit map. Use of roads and areas outside of described sale area unless authorized by City Representative shall constitute trespass and be considered as a breach of contract. City Representative shall be informed of any observation of trespass by unauthorized persons. 14-0 MISCELLANEOUS 14.1 Merger. This agreement constitutes the entire agreement between the parties. There shall be no oral modification of this agreement. 14.2 ~able. The laws of the State of Washington shall be applied in construing this agreement. 14.3 Tim~,. agreement. Time is of the essence in performance of this 18 EXECUTED as PURCHASER: By:_ Title: Date: of the date first above written. CITY OF BREMERTON: By Lynn Horton, Mayor Attest: By: Kathleen McCluskey~ Clerk Date: Approved: By: Ian Sievers, City Attorney Date: / /! ~ val Depar t~ n~]~ A~pro : W. Eugene ~ Y, Works and Utilities Director Date: 19 '-7000 RACT A~ ~ACHME'k]T c:)~ I Po~. P^'TCl-.I ~','J~G'T, $'T'A~DARD ~O/~D PLATO OLD I~£LF,qI~ 0~00 C~uS~D 8*00 I1+00 x% ~'O 0 // comPacT ~,cm~.. ~_ RoAD SPECI~ICi%TIONS MANAGEMENT STANDARD a. Fell all trees that lie between the marked right-of-waY boundaries- Ail danger trees, leaners and snags that are outside the marked right-of-WaY and that could fall and hit the road, must be felled as directed by the city. b. Deck all merchantable logs within right of way in neat workman-like decks, free of limbs, in areas where the logs will not be covered during road construction (or deck in designated areas off the right-of-waY). stumps Remove all stumps that fall within two feet horizontally of the top of the cutslope or which roots are undercut or that are within two feet vertically of the subgrade. Split stumps 22-inch diameter and larger; quarter stumps over 40 inches. Debris Accomplish disposal of debris created by construction or improvements by the following methods, as specified: 1. Pile in designated areas. 2. Bur¥in fills that do not support the road bed and i~ waste areas where slopes are less than 40 percent. 3. Lop and scatter outside the right-of-way clearing when natural openings exist (provided that no unsightly accumulations result). 4. Any other method specifically approved or directed by the city. culverts Install corrugated steel of standard gauge as directed by the city or as required in the contract in accordance with National corrugated Metal Pipe Association Manual. Provide cross-culverts at necessary intervals to carry expected ditch flows. Construct the outlet end of all cross-culverts beyond the toe of the road fill. Rock the ground surface at the outlet end of the culvert as necessary to prevent surface erosion. Do not terminate culvert outfall on soil that will erode. Ditches Particular care will be taken to construct ditches that drain to inlet end of the culverts and away from the road from the outlet end. Ditch subgrade 12 inches deep and 3 feet wide on all side hill sections and along both sides on through cut sections. Catch Basins Construction catch basins as specified, to resist erosion. Minimu~ dimensions: 2 feet wide and 4 feet long with backslopes consistent with table under Grading, Item c., following. Head Walls Provide rocked head walls at all cross-drain culverts or as designated. e. Bridges As surveyed and designed in accordance with drawings and specifications. Footings and/or mud sills must be approved by the city prior to covering. Gradinq a. Grading follows city's marked location. Grade and alignment must have smooth continuity without abrupt changes in direction. Maximum grades are: 18 percent favorable and 12 percent adverse or as specified on plan and/or profile. Maximum radius curve is 60 feet. Extra widening on the inside of the curve is as follows: 2 feet extra 80 to 100 foot radius curve 4 feet extra 60 to 80 foot radius curve b. subgrade: Minimum subgrade width is 16 feet shoulder-to- shoulder plus 3 feet for ditch. Subgrade width will vary, depending on ballast depth; to provide for 12-foot roadway from foreslopes of 2:1 on ballast. Through Cut Ballast & Surfacing subgrade subgrade Width 3' Ditch on ~ Width . Plus 3' Ditch. Both sides 12 inches 16 feet 19 feet 22 feet 18 inches 18 feet 21 feet 24 feet 24 inches 20 feet 23 feet 26 feet 30 inches 22 feet 25 feet 28 feet 36 inches 24 feet 27 feet 30 feet 42 inches 26 feet 29 feet 32 feet Cut slopes shall be constructed to a left rough for easier revegetation in the following table or as directed. uniform line and conformance with Common Earth (on side slopes to 55%) ....... 1:1 Common Earth (55% to 70%) ............ 3/4:1 Common Earth (on slopes over 70%) 1/2:1 Hardpan or solid rock 1/4:1 Fill slopes and fills: Fills to 6 foot height at center line must have 2 foot extra wide subgrade. Fills over 6 foot height at center line must have 4 foot extra wide subgrade. Fill SloDe Ratiq common Earth 1 1/2:1 Rock · 1 1/4:1 Sandy soils 2:1 Place earth embankments in 2 foot layers and compact by routing excavation equipment over entire wide of the layer. side hill fills too narrow to accommodate excavation equipment may be placed by end-dumping or side-casting until sufficiently wide to support the equipment. Exclude logging debris and organic material from fills that support the road and waste fills on slopes in excess of 40 percent. If necessary, construct keys as specified or directed at toe of fills to prevent slippage. Keep all silt-bearing excavation from being deposited in areas where it will enter a flowing stream. Do not permit silt-bearing runoff from cuts and fills, roadways and waste areas to go directly into any streams. Accomplish sediment removal through silt traps and settling ponds. Progress construction in a manner which provides for stability of excavation material. Rough grade or pioneer new roads only as far as construction can be completed during current construction season. Take necessary steps to insure soil and water protection during current periods of operation, as well 5 o 7 o 8 o as winter-over or periods of inactivity. Ballast Ballast depth will be 12 inches or as specified in the contract. Rock used for road ballast will be from pits designated in the contract or approved by the city. Center 12 feet of the subgrade will be ballasted to plan depth tapering out over the shoulders on a 2:1 slope. Entire ballast width to be machine compacted. Walk in the shoulders to provide drivable surface. Depth of surfacing and pit location will be as designate in the contract. Center 12 feet of road will be covered to the specified depth and feathered out to cover entire ballast width. Turnout~s Location Turnouts must be intervisible with a maximum of 1,000 feet between the turnouts or as surveyed and designed. size Turnouts must be 50 feet long, with 12 feet extra roadway width, with 25 feet of transition on either end for a total of 100 feet length. switchbacks Grade Maximum of 10 percent with 100-foot grade transition on both ends or as specified on plan and/or profile. b. Radius Minimttm of 60 feet. Extra Curve Widening Four-foot on the inside. Crown Crown subgrade and base course: 4 inches. Give particular attention to crown on grades from level to 2 percent. MANAGEMENT STANDARD ROAD Clear to marked MINIMUM SPECIFICATIONS R/W limits ~ k~ ~ Surfacing: Depth as specified ~ 2~ 5-5IDEHILL- Tn the mi'n. 12: Taper out to cover entire ballast- ~ ~_~nimutm 12~_~ ~o. Ballast- 19" or as specified  lverts. as specified 55% '3%g:~ 55 - 7o% 1/2:1 Over 70% 1/4:1 Bock ~ ( 30° NOTE THROUGHCUT/TURNPI~ · Su?port to be angle iron or steel fence post, bolted and driven firmly Clearin9 10' to make culvert rigid. ~ ~ ' Minimum 12' NOTE: Flumes and down culverts should be used as corrective measureS. place culverts On natural ground or in stream bedS. Discharge beyond the toe HEAD WAL~LL Head wall'tO be constructed of impervious material that will remiSt eroeio~ and to be even with ehoulder. Build to direct water into culvert. Back head- wall with fill -- ~atch baein to be constructed as specified- of the fill. · Flume: Use where ground conditions are unifor~ providing for stability. Down CulVert: Use where ground cond''{ itions are irregular or unstable, or a~ specified- Total' Depth 30" 36" SUBGRADE WIDTH (Includi~)' wide dktch(em) Sidehill 19' 21' 27' 29' 22' 26' 30' AGENDA BILL ' N 'Y BREMERFO CIR COUNCIL FOR AGENDA OF: 1 , S__UB~_F_,CT__: ORIGINATING DEPT: P~OFESSIONAL SERx'ICILS AG~PESIENI: O~IGINATOR: B. 5!_k~n~-~_Fgv~':2 :'3 . ~AsHINGY~ N TI~IBE~LtND MANAGE>IE>;T ~,a'~ 50, !996 _ DATE SUBMITTED: INC. for 2 o MAYOR~ ~' ~ ~LEARA~NCE~S_: (Comment on ba~l~ 3. if necess~ Director, PW & util.~~ City Treasurer City Attorney Admin. Serv. Dir. Fin. & Budget Comm. ~XHID~TS: Professional Services Aqreeme~t DNR Correspondence COUNCIL PRES~ FOR SUBMITTAL: APPROVED BY E NT /~/~-~~ COUNCIL PRESID : ~ ~ SUMMARY STATEMENT AND REOUIREMEN% FOR COUNCI~L ACTI__ON: Identification of laminated root disease pockets on Water Utility forest lands has been accomplished under an existing Professional Services Agreement {Please see page 2 for continuation) R~E~_OMMEN___DA~TION: The City Council authorize tbe Mayor to execute a Professional Services Agreement with Washington Timberland Management for mitigation of laminated root disease pockets and salvage of merchantable timber. 9. RESPONSIBLE OFFICIAL: Public Works Dir. ENFORCEMENT OFFICIAL: Forest~i_Mana~er EXPIRATION DATE: December 3~1. 1996 REVIEW DATE: PUl,LED [ _1 TABLED C_O_ ~N_C__~L__DJJ!EgT ~ V E: 10. _N_O T~I_C~E_ APPROVED [ ] DISAPPROVED ll. AGENDA BILL NO.: AMENDED 2. CLEARANCE__COMMENTS: SUMMARY STATEMENT AND RE©UIREMENq FOR COUNCIL ACTION - Continuation for updatin~ the utility Land Management Plan. Extensive areas thrc, uyhout the Utility forest have been identified as disease centers. To maintain forest health and recover timber value requires implementing specific silvicultural practices to mitigate the disease and salvage merchantable timber. Washin~ton Timberland Management has extensive experience in this field and it is the ooinion of the Forestry Manager that their assistance will e×~pedite ~ ' this disease as well as provide develooln an on~0inf pro,ram to mitigate try Division staff traininf for Fores . ' Washington Timberland Management will be compensated by receivin~ a percentafe (ten percent) of the delivered log price on salvaged timber. 5. %MPACT ON NON-PA~SSAG~: Loss of value on timber affected by disease. Loss of future productivity for Douglas fir on sites affected by the disease. 6. IMPAC__T ON STAF_~FING~UDGET_T~S FACILITIES,__E~UIPME~T AN_D_O~H__ER~RESOURCES- ~taf__fing~ Will hire temporary forest technician (included in 1996 budget) to work with consultant. _Budget: Loss of current and future timber revenue. Fac i ljt ie_s/Eouim~_ent: N/A 7. _RESEA__RCH SOURCES: Forestry Manager. Washington State Forest Pathologist. WASHINGTON STATE DEPARTMENTOF Natural Resources JENNIFER M. BELCHER Commissioner of Public Lands KALEEN COTTINGHAM Supervisor April 2, 1996 Bill McKirmey, Forestry Manager Department of Public Works and Utilities Forestry Division 3027 Olympus Drive Bremerton, WA 98310-4799 Dear Bill: Re: Bremerton City Watershed-Forest Stands and Root Disease Your watershed timber stands are a tremendous asset to the City of Bremerton that with skilled and sensitive management will thrive in perpetuity. Following are some thoughts regarding the health of those high quality stands. ~ Healthy forest cover is of prime importance for the continued production of the highest possible water quality. Other than a destructive wildfire, thC most serious problem in the primarily Douglas-fir stands is their deterioration and loss of valuable timber caused by the laminated root rot disease. Fortunately, the root disease moves slowly enough and is usually in definable infection centers so that it can be dealt with in a variety of management techniques. This disease will never completely destroy entire stands, but it can significantly reduce overall volume and make management more complicated. Recognition of root rot infection centers and the degree of their activity or virulence is the best first step in dealing with root rot. A detailed inventory of root rot infection centers on your watershed will help you to implement a management plan that minimizes loss of valuable timber volume and forest cover while retaining vital water quality. Diseased timber in small infection centers can be harvested with minimal disturbance by using low ground pressure tracked equipment such as a medium sized excavator with bucket and thumb or equivalent. For example, ! recently helped a state DOT maintenance crew harvest about 20 laminated root rot infected trees from the Elma Rest Area along Highway 101. Using an excavator with toothed bucket and thumb, we dug out four stumps to provide a root rot free barrier between the edge ofatl infection center and healthy trees. Grasping the limbed whole trees with the bucket and thumb at the balance point, we then carried them free of the ground to a nearby deck. Soil disturbance by the smooth tracked machine was negligible. At day end after we had cleaned up the slash and filled the stump holes, I could hardly notice the removal of the 1111 WASHINGTON ST SE I PO BOX 47000 I OLYMPIA, WA 98504-7000 Equal Opportunity/Affirmative Ad:ion Employer Bill McKirmey Page 2 April 2, 1996 infected trees and a few adjacent "bridge trees." I'm confident that we reduced the danger of hazardous tree failure from future root rot infection to a minimal level. Regeneration of infection centers could be cedar or western wkite pine, depending on available sun. White pine needs the same sun as Douglas-fir. Cedar will definitely need to be protected from deer browse until trees are three to four feet tall. If you choose to remove the stumps by push-over logging, replanting with Douglas-fir is ok, although some trees will continue to die from root rot infection in the first 20 years. In summary, a stand inventory that pinpoints root rot or other tree mortality problems early and links to any harvest plan will assure you of continued long term high productivity and clean water. I really enjoyed the visit to the watershed. You certainly have a nice range of high quality stands to work with. Don't hesitate to ask questions or request any forest health literature. Sincerely, Kenelm Russell Forest Pathologist and Manager, Forest Health Program c: Gary Hanson, Washington Timberland Management PROFESSIONAL SERVICES AGREEMENT Laminated Root Disease Mitigation/Salvage THIS AGREEMENT is between the city of Bremerton, a municipal corporation (hereinafter referred to as "city") and Washington Timberland Management (hereinafter referred to as "WTM"). W I TN E S SETH: 1. SCOPE: WTM agrees to provide professional services for mitigation of laminated root disease areas, and salvage of merchantable timber within said areas, as more fully described in Exhibit "A" attached hereto and incorporated herein by this reference · 2. TERM: Contract shall commence on date of execution of this agreement and will terminate on December 31, 1996. 3. COMPENSATION: City shall pay WTM compensation as follows: Ten percent (10%) of the delivered log price for timber salvaged from disease areas, as more fully described in Exhibit "B" attached hereto and incorporated herein by this reference. Any charges for services outside the scope of this agreement shall be on a time and materials basis and shall conform to the fee schedule also contained in Exhibit "B". For salvaged timber, WTM shall submit a summary of logging operations, showing volume delivered, total mill payments, amounts paid to City, WTM, and logger, as well as any amounts withheld for payment of forest excise tax or other costs. For other services, WTM shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The city, upon receipt of the completed statement, shall promptly process said claim for payment. 4. RELATIONSHIP OF PARTIES: The parties understand and agree that WTM is a firm skilled in matters pertaining to forest management and specifically silvicultural treatment of root disease and will perform independent functions and responsibilities in the area of its particular field of expertise. WTM and its personnel shall act as independent contractors and not employees of the city. As such they have no authority to bind the city nor control employees of the city, contractors, or other entities. Within the performance of these duties, WTM shall work under the direction of the Forestry Manager. 5. INDUSTRIAL INSURANCE: WTM agrees to provide for State industrial insurance coverage for its personnel as required by PROFESSIONAL SERVICES AGREEMENT -1- State law. 6. LICENSE AND TAXES: WTM shall possess a current Bremerton Business License and any regulatory license required to fulfill WTM obligations under this Agreement. B & O taxes shall be paid when due and WTM, by this Agreement, assigns any payments due under this Agreement to the city Clerk for payment of such taxes which have been declared delinquent. 7. INSURANCE AIqD HOLD HARMLESS: Prior to and during the performance of the work covered by this Agreement, WTM shall provide the Risk Manager for the City of Bremerton with evidence that it has obtained and maintains in full force and effect during the term of this Agreement a policy of professional liability insurance, providing coverage of at least $1,000,000.00 against professional liability for errors and omissions in connection with the work to be performed by WTM under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance. WTM 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 WTM, its subcontractors, agents, successors shall be inapplicable to the extent solely negligent for such damage or 8. GENERAL CONDITIONS: or assigns. This provision the city is judicially found injury. a. Reports and Information - WTM, 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. WTM will maintain accounting records in accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. b. Entire Agreement - This Agreement constitutes the entire agreement between the parties and both parties acknowledge that there are no other agreements, written or oral, that have not been fully set forth in the text of this Agreement. There are attached PROFESSIONAL SERVICES AGREEMENT -2- reference as part of this Agreement hereby further agree that this modified without the written incorporated hereto and by Exhibits "A" and "B". c. Amendments - The parties Agreement cannot be amended or concurrence of both parties. d. Notices - Any notices required to be given by the city to WTM or by WTM to the city shall be in writing and delivered to the parties at the following addresses: city Clerk Washington Timberland Management 239 Fourth St. P.O. Box 130 Bremerton, WA 98337 Union, WA 98592 Attn: Gary Hanson 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 -WTM 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: WTM 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. L0. 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 WTM is advising the city as of the effective date of termination. PROFESSIONAL SERVICES AGREEMENT -3- 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 DEPARTMENTAL APPROVAL: APPROVED AS TO FORM: IAN R. SIEVERS, City Attorney RECEIVED FOR FILI~qG: PROFESSIONAL SERVICES AGREEMENT -4- WTM.PSA - Agreements Disk I - 6/3/96 EXHIBI_T "A" . of Professional. Services (Attachment to be Dart "Laminated ~oot Disease Mitigation/Salvage") Scooe of Servicers Agreement for Deliverables: within sections selected by the Forestry Manager and for which the City has obtained a Forest Practices Permit from Washington State Department of Natural gesources, WTM shall provide the following: 1! Field confirm disease pockets identified on maps and photos provided by the City or by on-site identification' 2) Field mark boundaries for removal and salvage of diseased and at-risk timber according to best. management practices for mitigation of laminated root disease (Phellinus weirii/. 31 Salvage merchantable timber to best ]possible markets; arrange for and supervise all logging and hauling activities. Prepare site for reforestation if applicable. 5) Maintain written records in a format approved by the Forestry Manager~ and compatible with the utility Land Management plan. Records to include~ but are not limited to~ the following: , Site identification consistent with utility Land 5lana~ement Plan data base including maps Site condition summary Site acreage 6~ 7~ , Volume removed , Reforestation recommendations Provide log accountability records and timber payment disbursements includin~ periodic and final accounting statements · Provide training for selected City personnel under above items I - S. All activities to be pre-approved by the Forestry Me'ha°get ~rnd to be consistent with sound forestry practices. ~XHIBIT "B" {Attachment to be part of Professional ~ervices "Laminated Root Disease Mi.ti~ation/Salva~e Co~m~o__en_=~ation Schedule AgreemenL for Log Salvage: of the delivered log priCe for timber salvaged from d.[s~eaS~'m%f~ ~ ~-]~[~ e~ ~t[ . WT~I e r shall receive ten percent (]0%] 1~ price to be from best nosslOle ~o t m ' from BremertOn Water Utility Lands are exoort restricted - all pertinent State regulations apply). 2] The following shall be deducted from log proceeds prior to balance being submitted to City: 3) * WTM Fee , Logging and Haul costs , Authorized road building expenses , Forest Excise and B & 0 taxes WTM shall provide the City with a oeriodic summary in a format try Manager~showing market, vol~e and aooroved by the Fores. f ~r unit, total mill pasmen~s' ~Ae delivered, prlc~ ~ ~ · ~r. as well as other ~ ---^nts to City, WTM anu ~o?=~Tf =~estrv Manager. dlSOUrS~m~ · - - %e or required bv the exnenseS descrlbeG ao°~ Out of Scope Services Any out of scope services requested by the Forestry Manager shall be paid for on a time and materials basis according to the following schedule: Miscellaneous Forestry Services $45.00/hour $ 0.30/mile Mileage WTM shall submit a statement describing the services rendered with a breakdown for hours and rate as authorized under this Agreement. The City, upon receipt of the completed statement: shall promptly process said claim for payment. AGENDA BILL BBEMERTON CITY COUNCIL 1. S~/BJECT: Professional Services Agreement with HDR Engineering & Interlocal Agreement with the Tracyton Water District FOR A~ENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SL~BMITTED: April 24, 1996 pW &U K. Caha!l, Wtr.Res. June 12, 1996 C mU CES: Director PW&U . City Attorney City Treasurer _ Fiscal & Budget Operations Cormnittee ENDORSEMENT ~ ~T~ON _ MAYOR~ Interlocal Agreement with Tracyton 41,',$~$677- Water District EXHIBITS: - Professional Services Agreement with HDR Engineering APPi~ BY cOUNCIL p~SID~~ COUNCIL PBESI~ The Tracyton Water District is a separase water system for which the City provides water, operation, and maintenance through a contract. The District is responsible for capital planning which has been neglected for many years. They must now complete a Water System Plan in accordance with Department of Health regulations. Since the City provides sources and has much of the docu~mentation for the infrastructure of the Tracyton System, it is practical for the same consultant that wrote the City's plan to perform this task for Tracyton and for the City to coordinate this activity- This ensures the format is compatible with the City's Water Comprehensive Plan. Payment for the consultant will be by Tracyton Water district as outlined in the interlocal agreement. 8. REC0~4MENDATION: That City Council approve the contract for professional services; approve the interlocal agreement for Tracyton to pay for these services; and authorize The Mayor to sign, subject to PW & utilities Oirect~ City administrative policies 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: Water Resources Manag and procedures. EXPIPOkTION DATE: REVIEW DATE: PULLED TABLED COUNCIL DIRECTIVE :, 10. NOTICE OF ACTION APPROVED DISAPPROVED _ DATE: 11. AGENDA BILL NO: 2. CLEAiRAIqCE Cc~NTS :_ 5. IMPACT ON NON-PASSAGE:, Delay of the Tracyton Water Systems Plan. impediment of coordination with the Tracyton Water District. 6. IMPACT ON STAFFING, ~IP~4ENT oR OTHERBESOURCES: Minimal coordination will be supplied by City Staff- Consultant services will be paid for by the Tracyton Water District. 7. BE sE~CH soURCES: INTERLOCAL AGREEMENT BETWEEN THE CITY OF BREMERTON AND THE TRACYTON WATER DISTRICT CONCERNING WATER SYSTEM PLANNING WHEREAS the City of Bremerton (CITY) provides water service and operation and maintenance by contract for the Tracyton Water District; and WH]EREAS the Board of Commissioners of the Tracyton Water District (DISTRICT) is required by the Washington Department of Health to develop a Water System Plan; and WHEREAS information developed in the Bremerton Water System Plan will be of value to developing the DISTRICT' s Water System Plan; and WHEREAS the consultant who developed the Bremerton Water System Plan is willing to provide similar services to develop the plan for the DISTRICT; and WHEREAS the CITY and the DISTRICT desire to work cooperatively to ensure proper water resource management and reliable, high qt~ality water service to customers receiving Bremerton water, THEREFORE the CITY and the DISTRICT agree to the following: 1. No separate administrative entity is created by the terms of this agreement. 2. As provided for in the Laws of the State of Washington and CITY poficies and procedures, the CITY agrees to assist the DISTRICT in preparing a Water System Plan by coordinating consultant serwces. 3. The CITY will select the consultant who will develop the Water System Plan and provide appropriate supervision. The CITY's consultant agreement shall be subject to the DISTRICT's written approval. This interlocal agreement shall be null and void if this written approval is not received within thirty (30) days of mailing the consultant agreement. The CITY will keep the DISTRICT informed on the progress of the study and provide a copy of the results when the study has been completed. Copies of the data developed in the course of the study will also be provided to the DISTRICT in both digital and printed format. ........ f the Water system Plan xs not to exceed $29,000 When bills for the sm 4. The ~co~st o - ' e reviewed b CITY staff to ensure accuracy Bills wil receivea ~rom the consultant, they will b Y ' 'be paid by the CITY. The DISTRICT will reimburse the CITY from Tracyton's surcharge collected by the CITY. Any balance due will be billed to the DISTRICT. 5. This agreement will take effect immediately upon execution by both parties and shall continue until completion of the Tracyton Water System Plan or shall expire December 31, 1996, or until amended or rescinded by mutual agreement of the CITY and the DISTRICT. 6. Nothing in this agreement shall be construed to: abrogate or limit the sovereign immunity of either party; grant or relinquish any interest in lands, water, or other real or personal property; alter the jurisdiction and authority of any court or agency not a party to this agreement, or of either of the parties except as explicitly set forth in the agreement; impose or alter the liability of any person for personal injury or property damage arising from, or contracts related to, the project approved or reviewed pursuant to or otherwise subject to this agreement or responsibility imposed by law. Specifically, the DISTRICT shall be responsible for accepting the Water System Plan performed pursuant to this agreement. 7. Any and all notices under the terms of this agreement shall be given to the parties at the following addresses: TRACYTON WATER DISTRICT P.O. BOX 54 TRAC~ON, WA 98393 CITY OF BREMERTON 239 4TH STREET BREMERTON, WA 98310 Dated this day of 199_ ... Authorized Signature City of Bremerton Title Authorized Signature Traction Water District Title AGREEMENT PROFESSIONAL SERVICES TRACYTON WATER sYSTEM PLAN THIS AGREEMENT is between the City of Bremerton, a municipal corporation (hereinafter referred to as "city") and HDR Engineering, Inc. (hereinafter referred to as ,,Consultant")- wiTN E S SETH: 1. SCOPE: Consultant agrees to provide a water system plan as more fully outlined in Exhibit "A" attached hereto and incorporated herein by reference. 2. TERM: Contract shall commence on May 1, 1996 and will terminate on December 31, 1996, unless otherwise extended by city. 3. COMPENSATION: city shall pay Consultant compensation as follows: Total fees under this Agreement shall not exceed Twenty Nine Thousand Dollars ($29,000.00) without prior written approval. 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. F pARTIES: The parties understand and agree 4. RELATIONSHIP 9 ...... ~ ~ matters pertaining.to wate~ eh~t Consultant is a ~lrm snlx~u ~. ~n~endent functions an~ ~vstem planning .anu ~ ~ .~ .... ~cular field of exper~z~=- ~sponsibilitles in the area oi 1~ F=~ independent contractors Consultant and its personnel shall act as and not employees of the city. As such they have no authority to bind the City nor control employees of the city, contractors, or other entities- within the performance of these duties, Consultant shall work under the direction of the Water Resources Manager. 5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial insurance coverage for its personnel as required by state law. 6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business License and any regulatory license required to fulfill Consultant 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. iNSURAIqCE AND HOLD HAI%MLESS: Prior to and during the performance of the work covered by this Agreement, Consultant shall PROFESSIONAL SERVICES AGREEMENT -1- ' of with evidence provi~ the~Risk Manager for the city Bremerton tha has obtained and maintains in full force and effect during · . eement a policy of professional liability the term of th~. Agr .... ~ of at least $1,000,000.0~ .agai~ insurance, providing cuv~-~- professional liability for errors asu the work to be performed by Consultant under this Agreement. Risk Manager shall be provided thirty (30) days' written notice of any cancellation of said professional liability insurance- to defend, indemnify and save harmless the C~nsultan% %g~e%%~ ~]ected officers and employees~ fro~ ~d city, its appo~n~ ~{itv loss, costs, damage an~ exp~n~ against any an~ ali ~ -~ees in defense thereof because actlon~, ~ orne · including costs an~ at~.~ ~ ~=~a~es resulting from personal or -~ims or ±awsulLs lu~ ~ bodily injury, including death at any time resulting therefrom, been sustained by any person or ' d sustalne or alleged to have 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. B. GENERAL cONDITIONS: a. Reports and information ~ COnSs~l~t~u~i~c~hteim~t~n~u~ such forms as the city may require, · · . orts and documents as it may request reasonable per~dlC~_~P~r services undertaken pursuant to t~ pertaining to ~ne woz~ ~bli~ations incurred or to be incurre~_~n Ag eement, the costs an~ ~ .... ~= ~overed by Enls connection therewith, and any o~ner m~ .... in Agreement. Consultant will maintain accounting records accordance with generally accepted accounting principles and practices to substantiate all invoiced amounts. o t - This Agreement constitutes the entire b. Entire Ag~emen__~ and both parties acknowledge ~hat agreement between ~ne p~ . there are no other agreements, written or oral, that have not peen fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference as part of this Agreement Exhibit "A" - scope of work, schedule and budget. 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: PROFESSIONAL SERVICES AGREEMENT -2- City Clerk 239 Fourth St. Bremerton, WA 98337 Jim Peterson HDR Engineering, Inc. 500-108th Avenue NE Ste 1200 Bellevue, WA 98004 · _ · to insist upon strict compliance with any e. Waiver Fallure~.~_~ of this Agreement shall, no~ terms, covenantS or conQl~u~ ..... ~,o~ ~ rel'nouisnmenL deemed a waiver of such, nor sn Y ' of any such right or power at any time be taken to be a waiver 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. . : Venue - This Agreement shall be construed g. Appl~c~b~%L~ordance with the laws of t~e and interpre~ea ~ ~ ~ ~ ~ute the venue o~ any Washinqton and, in the ~veny %~CfJI JntvSuperior court. brough~ hereunder shall De in ~=~ ~- 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. ~oNDiSCRIMI~ATION: 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. TER/4INATION: 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 comraence 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. HDR ENGINEERING, INC. Date: BY: JIM PETERSON II II II PROFESSIONAL sERVICES AGREEMENT -3- Date:_ DEPARTMENTAL APPROVAL: W. EUGENE SAMPLEY, CITY OF BREMERTON BY: LYNN HORTON, Mayor DIRECTOR OF PUBLIC wORKS & UTILITIES APPROVED AS TO FORM: IAN R. SIEVERS, city Attorney PROFESSIONAL SERVICES AGREEMENT -4- Exhibit A Tracyton Water District Comprehensive Water Plan Scope of Work Background This scope to complete a Tracyton Water District (District) water comprehensive plan has been developed after consultation with the City of Bremerton (City), the Washington Department of Health (DOH) and an attorney representing the District. The scope is based upon the information provided during these discussions. Task 1 - Project Management 1. Coordinate project team, schedule and budgets 2. Coordinate with City, District, and DOH 3. Attend one preplanning and one draft review meeting 4. Prepare written monthly summary progress reports with each invoice Work Products: Meeting agenda, and minutes and monthly progress reports Task 2 - Data Collection/Review (source) 1. Available system maps/drawings (City) 2. District water demand data from District and City (last three years) (City) 3. Number and type of service connections (City) 4. Zoning/land use maps (City from Kitsap County DCD) 5. st Ci /District service area agreements and policies (City) Late.. ty ..... ~;^~ ,,rowth oroiections (City from Kitsap County DCD) 6. PopulaUon ana polJm,~,~,,, o - - ' 7. Water quality data (City) 8. Fireflow requirements by zone (City) 9. Available maintenance/repair records (City) 10. Water rate history/structure (City) 11. Five years of expenses/income (District) 12. Agency correspondence (District) 13. Operational responsibilities (City) 14. Regulatory sampling sites/responsibiLities (DOH w/City) 15. Tour District facilities with operations staff (City and District) Assumptions: The City and District will be primarily responsible for putting this information together and having it available to be given to HDR at the preplanning meeting. Work Product: Bibliography of available information used in plan preparation Task 3 - Planning Data Memorandum (PDM) 1. Summarize available planning information a) Service Area Land Use Map b) Service area agreements, characteristics, policies c) Population/population projections 1 Tracyton Water District Water Plan April 9, 1996 Water system Demands a) Existing Demands (ADD, MDD, Peak Hour) b) Future Demands (ADD, MDD, Peak Hour) c) Gallons per-capita-per-day d) Identify method of demand input into model e) System losses (if they can be determined based upon net delivery) f) Water Conservation Impacts (City's plan) Existing System Inventory/Review a) Piping description/condition b) Water system map showing piping and sources of supply Fireflow a) Fireflow standards and references b) Fireflow requirements Performance and Design Criteria a) Water quality issues (if any) b) Operational/regulatory compliance responsibilities c) Pipe sizing parameters d) Piping desig'n standards 6. Financial Summary a) Rate Structure b) Expense and Income Summary Assumptions: Adequate data will be made available during the preplanning meeting s.o that HDR can readily put together the PDM. Water plan will deal strictly with conveyance ~ssues. It is assumed that adequate sources of supply and storage will be provided by the City system. Work Products: Planning Data Memorandum which summarizes the information obta/ned from data collection, service area and land use information, population projections, water system demands, system inventory, fireflow requirementS, operational responsibilities, system design criteria, and District financial summary. This Planning Data Memorandum will be submitted to the District, City, and DOH for review and comment prior to proceeding with preparation of the final modeling of future conditions and outlining of the proposed Capital Improvement Plan. Task 4 - Computer Model of Tracyton System After discussions with the City it was determined that the Tracyton system would be modeled using Cybemet. The City has purchased a 2000 pipe version of Cybemet which will be used for their model. They will be using and updating existing WaterWorks files to input to the the model. HDR w~ll use HDR copy of the 250 pipe version of Cybemet to model only pipes within the District's system. The data files will then be made available to the District and to the City for inclusion in their system-wide Cybemet model. Purchasing a copy of the model for the District is not included in this scope of work. 2 Tracyton Water District Water Plan April 9, 1996 Set up existing District system in Cybemet: 1. Based upon available information, input the District's 2 inch and larger piping into a Cybemet hydraulic model. 2. City system service connections to the District system will be modeled as fixed grade nodes. Heads at these nodes will be as supplied by the City. 3. Based upon available metering information and locations, distribute system demands to modeled nodes. 4. Review model pressure results with District and City staff to determine if they are consistent with known conditions. Make limited adjustments as necessa-%'. 5. If additional data is required for model calibration - develop specs for limited calibration tests which will be completed by either the District or City personnel. Since it is not anticipated to be required, budget for model calibration efforts has not been included in the budget estimate. Assumptions: District/City mapping and water demand data will provide sufficient information to locate pipe nodes, pipe sizes, determine nodal elevations, and to assign ADD, MHD, and Peak Hour demands to each of the nodes. City will provide digital assessors map of area for locating pipes in the model. If nodal elevation data is not available, HDR will utilize the best available USGS topography maps to estimate these elevations. For more accuracy, the District may elect to have a surveyor determine the ground elevations at key intersections throughout the District's system. This surveying is not included in this scope of work. The District model will only include District piping and fixed grade source nodes (at the City connections to the District). Work Product: Cybernet water system model input data files and output fries. A system node map describing the pipes and nodes locations that are in the system model. Task 5 - Development of Capital Improvement Plan Population growth, fire, and design criteria developed from the approved Planning Data Memorandum will be used in the Cybemet model to develop future flow scenarios to size replacement distribution piping for the District's system. 1. Run the model for future demand conditions a) PHD with two key fires b) Peak Hour Demands 2. Use the model to determine which existing piping should be replaced and/or paralleled or looped 3. Use design criteria and available cost information to make approximate predesign level (plus or minus 30 percent) cost estimates of each identified new pipe or pipe replacement project. 4. Prioritize the projects in order beginning with those which provide the most benefit to the system including consideration of project cost. 5. Work with District to determine level of funding that can be applied to capital projects 6. Develop schedule of projects with projects listed by year for the first five years and in five year periods for the next 10 years. The schedule will include an identification number, project description, objective, scheduled year of construction, and current and escalated (to year of construction) costs. 7. CIP projects and identification numbers will be located on the water system map. Tracyton Water District 3 April 9, 1996 Water Plan Assumptions: CIP is planning level list of projects needed to serve the future system. Generally it is expected that new larger pipelines will follow existing easements and rights-of way. However, in the case where new pipelines are required to provide future service or to "loop" existing lines, the new pipe alignments will be shown in concept only without detailed consideration of easement or right-of-way requirements. Work Products: Descriptive summary of the CIP analysis. Spreadsheet capital improvement plan. System map showing keyed capital improvement projects. Task 6 - Financial Plan (conform to DOH Financial Viability Manual) Work with District to summarize a financial plan including the following: 1. Establish operating budget 2. Determine cash and emergency reserve needs 3. Evaluate water rate impacts 4. Complete Financial Viability Test (FVT) Worksheets Work Product: Financial plan chapter for water plan Task 7 - Operations Plan Define the following operational responsibilities between City and District: 1. District organization 2. System operation and control 3. Maintenance and repair 4. Water quality monitoring and testing and public notification 5. Emergency response 6. Cross connection control Assumptions: This plan will be compiled from the existing City Operations Plan to focus on Tracyton operations. Work Product: Operations plan chapter for water plan Task 8 - SEPA Environmental Checklist 1. Prepare SEPA environmental checklist for water plan. Assumptions: The District will be responsible for advertising and notification process associated with the SEPA process. Work Product: SEPA environmental checklist for the water plan. Task 9 - Draft and Final Comprehensive Water Plans Prepare copies of the draft comprehensive plan to be submitted to the District, City, and DOH for review and comment. Meet in a joint meeting to discuss comments and incorporate agreed upon comments into the final plan. It is not anticipated that significant additional work will be required after the draft plan. Submit the final plan for formal DOH approval. Issue copies for the DOH approved plan to the City and District. 4 Tracyton Water District Water Plan April 9, 1996 Work Products: Two copies each of the draft plan to the District, City, and DOH for review. Meeting agenda and notes of joint draft review meeting. Copies of the final plan - District - 10 copies, City - 4 copies, DOH - 2 copies. Schedule The proposed schedule assumes that the project would start in early July with a preplanning meeting. The schedule also shows estimated times for District, City, and DOH review of intermediate and final work products. As such, the schedule shows that the planning process could largely be completed in three months (issuance of draft plan) with additional review and approval time prior to issuance .of the final plan. Budget The estimated budget to complete this work is as follows: Task. Budget (incb~dln~, Labor and expenses, 1 $3,500 2 $2,560 3 $5,100 4 $4,560 5 $2,940 6 $2,300 7 $2,550 8 $ 840 9 $4,500 Total $28,850 Budget may be shifted between tasks, but the total budget will not be exceeded without justification and written authorization from the City. Tracyton Water District 5 Water Plan May 30, 1996 AGENDA BILL BREMERTON CITY COUNCIL SUBJECT: Bremerton Kitsap County DUI Task Force FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: June 11, 1996 Police/ CRD. Lynn Drake June 11, 1996 2. ~: (comment on back 3. i f__~%essar¥) 2, 3, Chief of Police Comm. Resource Coordinator Contract ENDORSEMENT/~ INF~IATION APPROVED BY COUNCIL PRESIDENT FOR SUBMITTAL: I~AYOR q~/~' ~J-~t -- COUNCIL PRESIDENT EXHIBITS: Project Agreement Sec. 1, Matching Funds Summary Addendum B o $1JMI~Y STATEMENT A_ND REOUIREMENT FOR COUNCIL ACTION: By accepting this continuation of the project agreement from the WTSC. The Bremerton Kitsap DUI Task Force will continue to function in its present capacity. This program provides additional support to the city by means of Law Enforcement, revenue, and education. 8. RE C OMMENDAT I ON: Approval of the request and signature of the Mayor o RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: Chi f P. D Lynn Drake 6-30-97 PULLED __ TABLED __ COUNCIL DIRECTIVE: 10. NOTICE OF ACTION APPROVED __ DISAPPROVED __ DATE: II. nSe to._ qb-u_(:, 2. GLEARANCE COM}{ENTS (cont.): 4. ~UMMARY STATEMENT (cont.): I_MPACT ON NON-PASSAGE: Termination of the project, or additional expense to the City. IM T N FFIN B D ET ILI IE E IPMENT R THER E UR E There is no impact. The funding has been included in the 1996 budget. 7. BESEARCH SOURCES: Washington Tralflc Safely Commission Stale ol Washinglon Washinglon Traffic Salety Commission 1000 Soulh Cherry Street Olympia. WashingIon 98504-9936 Telephone: (206)753-6197 Fax: (206) 586-6489 Section 1 Project Agreement 1.Pr0ject~lle:-~rtnn / Kitsap Co. DUI Task Force Type of Application: Inilial: ~ Revision:. 2. Ownership of facililies or equipmenl, acquired through this funding, shall be vested with the applicant agency, not the State ol Washington. However, facilities or equipment acquired through Ibis agreement shaft be ulilized and retained in highway safety operations during the useful existence ol such-equipmenl or facilities. Costs incurred lot maintenance, repairs or supporl ol such equipment or facilities shall be bo,'ne by Ihe applicant agency. Furlher, it is underslood and agreed that the activity covered by this project, as more particularly described in sections 2 and 3 atlached hereto and made a pad hereol, is underlaken under authorily of State ol Washington ('5lie 3,62,090, 35, 2.08, 43.08.250 RCW) and is subjecl to the ad. mlnlstratlve regulations established by stats guidelines and Ihe Washinglon Traffic Salety Commission, 3. Applicant Agency: City of Bremerton 4. Projectdire~or:. Paul L. DuFresne Name: ~tle: Chief of Police Signature: Address: 239 4th Street Bremerton, WA 98337 Telephone: (360) 478--5220 5. Governmental Unil: 6. Authorizing Official, Governmenlal Unit: Name: Lynn Horton T~le: Mayor Signature: City of Bremerton Address: 239 4th Street Bremerton, WA 98337 Telephone: 7. Planned Project Duration: F~om: 1 Jul}' 96 To: 1 July 97 8. Approved by: Name: John Moffat Project Number: 96ST-04 'Stle: Director, W'TSC Slale Funds Obligated: 28,462. X Signature: State: Local: Date: 6-30-95 . Addendum(s) il applicable: A, B Washington Traltlc Safety Commission Section 2 Description of Activity Present status, Obiactive, Proposed activity, Evaluation: The present status of the Bremerton / Kitsap County DUll Traffic Safety Task Force is that the community employs a full time (40 hrs) coordinator to assist the Community Resource Division in directing volunteers and manage all programs related to traffic safety. Currently those efforts are directed toward impaired driving, countermeasures, occupant protection, and education, assisting and coordinating law enforcement efforts, targeting high risk and young drivers (including a high number of military personnel) and other traffic related areas as needed. It is our intent to continue the above activities with even greater focus on the young drivers (16-34) and young pedestrians. These increased focus areas are based on high risk factors and recent experience in' an increased number of child pedestrian collisions. Specific activities and evaluations are included in the attached Goals and Ob- jectives. 1996-1997 MISSION STATEMENT The mission of the Bremerton / Kitsap County DUI Task Force is to lead our commu- nity in a collaborative effort to reduce the incidence of drunk/drugged driving. GOAL #1: To maintain and enhance the county-wide public education network for DUI, safety belt, and substance abuse issues -- specifically targeting youth, military personnel, high risk drivers and work place substance abuse. OBJECTIVE: Continue marketing and development of the Speakers Bureau -- On going. OBJECTIVE: Produce and distribute promotional items including key chains, posters, mugs, pens, and other items to promote DUI aware- ness. OBJECTIVE: Continued assistance to the DUI Victim's panel; assist in com pleting a tracking program for offenders and evaluation / suc cass criteria. On going assistance and support. OBJECTIVE: Plan and coordinate at least one education/awareness event during winter, spring and summer -- on going. OBJECTIVE: Provide information on program activities to local officials, legis- lators, and local media sources -- on going. GOAL #2: To encourage the judicial system to improve handling of alcohol and other drug related offenses. OBJECTIVE: Assist with interagency coordination between the judicial sys- tem, law enforcement, and chemical dependency treatment agencies. OBJECTIVE: Provide information and training relating to chemical depen- dency, substance abuse and impaired driving for judicial partial pants. GOAL #3: To continue efforts to increase the DUI deterrent effect of law enforce- ment efforts through interagency coordination and cooperation. OBJECTIVE: In cooperation with the Washington State Patrol, Criminal Justice Training Commission, Washington Traffic Safety Com- mission and others, provide DUI arrests and investigation training for county and municipal agencies. OBJECTIVE: Continue development of a county wide DUI "emphasis strategy" including problem areas to target, key times for emphasis patrols, arrests, PBT loan program, funding for special enforcement programs, ect. -- On going. OBJECTIVE: Provide information regarding the frequency of DUI arrests, alcohol related traffic crashes, and DUI emphasis patrols. OBJECTIVE: Write and assist other agencies write financial and material grants in supports of their DUI Safety Belt / Law Enforcement efforts. GOAL #4: To continue efforts to involve the hospitality industry in efforts to deter intoxicated/drugged driving. OBJECTIVE: On cooperation with the Washington Liquor Control Board and local licensed beverage retailers, encourage expanded training for servers and sellers of the alcoholic beverages. OBJECTIVE: Solicit the assistance of licensed beverage establishments in dissemination of sober driving and safety belt promotional materials -- on going. OBJECTIVE: involve the Liquor Control Board in enforcement activities and coordinate the targets of enforcement activity. GOAL #5: To identify and develop funding sources for Bremerton / Kitsap County DUI prevention programs. OBJECTIVE: Identify national, state and local funding sources and submit appropriate proposals. OBJECTIVE: Continued working with the Washington State Community DUI Task Forces to develop long term funding strategies for the entire state wide program - on going. OBJECTIVE: Continue to secure grant funding in support of special projects that promote DUll sober driving/safety belt education. GOAL #6: Through ongoing and regular evaluation, ensure continued success and improvement in DUI and substance abuse prevention and continued development of the DUI Task Force. OBJECTIVE: The program will be evaluated by documenting on a quarterly basis, timely progress towards the goals and objectives. In addition, the following areas will be evaluated to measure the ability of the program to accomplish it's mission: 1 ) Reduction in the number of alcohol related traffic collisions, injuries and fatalities in Kitsap County; 2) Increase in community awareness of traffic and DUI issues measured by number of participants attending public presenta- tions; 3) Increase in community awareness and information based on traffic safety and DUI issues measured by the use of perceptual evaluation tool administered at public presentations; 4) Increase in community support of the program documented by volunteer hours, donations, and a perception survey com- p[eted by the County Substance Advisory Council. Washington Trattlc Safety Co.rnmlsslon Section 3 Budget and Cost Sharing Budget: Direct Costs: 1 .Salaries and Wages: 2. Employee Benefits: 25,616 2,846. 3. Travel and Subsistence: 4. Contractual Services: ' 5. Equipment: 6. Goods and Services: Total Direct Costs: Indirect Costs: TOTAL: 28,462 Cost Sharing: (Washington Traffic Safety Commission use only) Share $~..___~ ~O_U~ 2 State: ' Political Subdivision: $ 'Z~, 9 .~ 5 Total Estimated Cost: $1_08,397 Percent 36 50% (Minimum) 100% Revision: Please list the source and amount of cash (dollars) contributed. Source Amount Type ...... $4,000 * County/City: Kit~ap ~o'ntY Sheriff " _~ainbridae Im]an~ police $?,smn_* .-- " ~oulsbo Police $2,500 * $ . __ i$ ,, Subtotal: Grants (e.g. CMASA, $ DASA, etc.) $ $ $ $ $ ,, Subto~: $ Co.orate/Community $ Org~izafi°n $ $ $ $ $ . Subto~: $ $ Other ,$ $ $ ~ $ ~ Subto~: $ 9,00 Ca3k Grand To~l: $ 9,000' * to be billed 1-1-97 WASHINGTON TRAFFIC SAFETY COMMISSION Addendum B 96ST-04 ASSURANCES - - PROJECT AGREEMENT # Federal and state regulations require compliance with applicable provisions which regulate contracting and subcontracting of traffic safety projects. Please read and sign if you will comply with these provisions, then return this form to us as soon as possible. Thank you. DRUG-FREE WORKPLACE In accordance with the A~tI-Drug Act of 1988 {41 USC 702-707) {Drug-Free Workplace; see 42 USC 12644), the Washington Traffic Safety Commission, through its Contractor, has the responsibility to ensure that unlawful manufacture, distribution, dispensing, possession or use of I controlled substance by any employeeS, grantees, end/or sub-grentee~ of the Agetv,~f end/or any such activity ia prohibited i~ the workplace, see 49 CFR 29.600 et ~ 48 CFR 9.4, 23.5, 82.2. MINORITY-OWNED and WOMEN-OWNED BUSINESS ENTERPRISES The Contractor will utilize mlnortty-owned and women-owned business enterprises, if available, which Ire cortified by the Office of Ml~orfty and Women's Business Enterprises unde~ the state of Washington Certification program. The Weshlnetor~ Traff*~ Safety Commission has establishad the goals that, of the dollar value of ell contracts awarded by the Agency, 10.1% be swarded to minority-owned businesses and 4.0% be awarded to women-owned businesses. The authority for this re~uirement is RCW 39.19 et. See, end rules promulgated thereunder. AMERICANS with DISABILITIES ACT In the performance of this agreement, the Contractor shall comOly with the provisions of Title VI of Civil Rights Act of 1964 {42 USC 20OdL Section 504 of the Retmbllit~tlon Act of 1973 (29 USC 794) Chapte~ 49.60 RCW, end Title I of the Americans With Disabilities Act (42 USC 12111-12117 es now or he~eefte~ amended. The Contractor shall not diacrlmirmte o~ the grounds of race, color, national origin, sex, religion, marital status, age, creed, V~tr~m-Ere end Disabled Vste~enS ~tetus, or the presence of any sensorY, mental, or physical handicap k~: a) Any terms or conditions of employment to include taking affirmative action necessary to accomplish the objectives of this pert; and b) Denying an individual the opportunity to participate in any program provided by this agreement through the provisions of se~ices, Or otherwise afforded others. I certify compliance with these sections. Signature Date EMPLOYMENT CONTRACT Traffic Safety coordinator This Employment Contract is entered into this 1st day of February, 1996, by and between the city of Bremerton, a chartered first classmunicipal corporation organized under the laws of the State of Washington, (hereinafter referred to as "city") and DRA/fE,(hereinafter referred to as "Traffic Safety LYNNETTE Coordinator"). In Consideration of the mutual benefits and promises herein contained, the parties hereto agree as follows: 1. DESCRIPTION OF SERVICES: Traffic Safety Coordinator agrees to furnish full time professional services as defined in the grant application for Traffic Safety Coordinator, which is attached hereto and incorporated herein by this reference. Within the performance of these duties, the Traffic Safety Coordinator shall work under the direction of the chief of Police. 2. TERM: Traffic Safety Coordinator shall pleasure of the Police Chief commencing February continuing until serve at the 1, 1996 and termination or removal by the terms of this Agreement infra. 3. COMPENSATION: The Traffic Safety Coordinator and city agree that compensation for services rendered under this Contract shall be Thirty One Thousand Two Hundred Dollars ($31,200.00) per year. said salary shall be paid on the City's regular payroll system. It is expressly understood by and between the parties that EMPLOYMENT CONTRACT -1- forty (40) hours per week, inclusive of vacations, sick leave, and holidays. 4. BENEFITS: All benefits shall be afforded as provided in B.M.C. 2.50. In no event shall the Traffic Safety Coordinator be paid for accrued vacation leave in excess of 240 hours upon separation and accrued sick leave shall not be compensated upon separation. 5. EXCLUSION FROM CIVIL SERVICE: The Traffic Safety Coordinator acknowledges, understands and agrees that the temporary position she is accepting with the City is not included in the city's civil Service system and is exempt from union membership. 6. TERMINATION OF SERVICES: The Traffic Safety Coordinator is a contract employee and the city may terminate her without cause, at any time. In the event that the Traffic Safety Coordinator shall terminate her employment with the city, she agrees that she shall provide the City not less than one (1) month prior notice of the effective date of said termination in order to afford the city a reasonable opportunity to find a replacement. The parties further agree that in the event a replacement is found who is able to commence employment prior to the expiration of one (1) month's notice, that they may, in good faith, negotiate an earlier termination date. This agreement may be terminated for cause, without notice. "Cause" is defined as any reason for which a regular employee may be dismissed under the Bremerton civil Service Rules (CR 19.05). 7. MEMBERSHIP/SUPPLIES: Memberships to professional EMPLOYMENT CONTRACT -2- organizations for the Traffic Safety Coordinator and approved by the chief of Police shall be in the name of the city, to the extent allowed by law, and paid for by the grant. All supplies, equipment and materials purchased for use of the Traffic Safety Coordinator by the grant shall belong to the city. 8. GENERAL PROVISIONS: A. 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. B. The parties hereby further agree that this Agreement cannot be amended or modified without the written concurrence of beth parties. C. Any notices required to be given shall be in writing and delivered to the following parties city Clerk 239 Fourth Street Bremerton, WA. 98337 D. This Agreement shall at the following addresses: Lynnette Drake 239 Fourth Street Bremerton, WA. 98337 be construed and interpreted in accordance with the laws of the State of Washington. In the event of a dispute, such dispute shall be litigated in the Superior Court of Kitsap County, Washington. E. The invalidity or unenforceability of any provision hereof shall, in no way, affect the validity or enforceability of any other provision. F. Failure to insist upon strict compliance with any terms, covenants, or conditions of this Agreement shall not be deemed a EMPLOYMENT CONTRACT -3- 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. G. In carrying out the duties of her position, the Traffic Safety Coordinator shall ensure that all actions are without regard to race, color, gender, age, religion, marital status, national origin, political affiliation and mental sensory or physical handicap of City employees or the public, unless an employment action based on a bona fide occupational requirement. IN WITNESS W~EREOF, the parties have caused this Agreement to be executed the day and year first above written. ~y~N~TTE , Traffic Safety Coordinato~ CITY OF BREMERTON LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, Cler~ DEPARTMENTAL APPROVAL PAUL Du FRESNE, chief of Police EMPLOYMENT CONTRACT AGENDA BILL BREMERTON CITY COUNCIL FOR AGENDA OF: June 5. 1996 1. ~.: ORIGINATING DEPTL p~blic WorksAJtilitiesr'-'~r~'~}'l Ordinance #_~5'~ to establish the LID for portions of - ORIGINATORL K, Witt. City Engineer Jermer Avenue (LID #329) DATE SUBMITTED: May 28. 1996 T ~/~7175~t°n°a~*~'~/ a)L.m.D. BotmdaryMap _._ ~e ~gtheLID C'~ c) Affidavit.of .mailing C~~) otitkation letter Budg:~o&nsF~?n~CeiCn~emm~ttee e, Peuuon vai~dat,o.n Opera f) Value of land & ~mprovements L' . O nOS APPROVED BY cOUNCIL PRESIDENT F9~5-S ~DI~5~ffA_L: ENDORSEME,NT~_INF~ ~R~T __ COUNCIL PRESIDENT/~._ MAYOR ~~" 4. M T T I I : The City has received a petition requesting formation of a Local Improvement Disa'ict (LID) to fund construction of curb and gutter, sidewalk and storm drainage improvements along portions of Jenner Avenue. Attached is a LID boundary map. On May 15, 1996, the City Council passed Resolution #2545 establishing June 5, 1996 as the hearing date on formulation of the LID. All property owners have been notified of the hearing as required by Resolution 2545. The estimated total project costs are $11,400,of which the City will contribute $ 2,000from the Stormwater Utility Fund. The estimated assessment will be $30.00 per linear foot of frontage improvement. The action before the City Council is an ordinance to establish the LID. 8. ~RECOMMENDATION: That the City Council pass the attached Ordinance # ¢5~5''~, on first reading, establishing the Local Improvement District (LID #329) Jenner Avenue sidewalk improvements. 9. RESPONSIBLE OFFICIAL: Ci~ Engineer ENFORCEMENT OFFICIAL: N/A ~,%%% C~k.g.~,-x,,~.,*.~-,~ ~ -ff. ~' cMx. EXPIRATION DATE: _N/A ~.o ,~c~,k-' x%-~ o._,5,_ '-('-'~3 REVIEW DATE: N/A PULLED _ TABLED ~OUNCIL DIRECTIVE APPROVED__ DISAPPROVED__ 11. AMENDED DATE: AGENDA BILL NO:ff~ -//7 2. GLEA~OMM~ENTS: 5. !MPA TC_T_QIq NON-pASSAGE: The Jenner Avenue Sidewalk Improvement Project will not be funded through a Local Improvement Disaict. Thus it will either be totally City funded or not constructed due to lack of funding. 6. P T N: The City has committed $2,000 to this project in Stormwater funds for construction of stormwater facilities and an estimated $1,000 from the Engineering Division budget for design and administration of the project.. The remaining funding to construct the project will come from the Local Improvement District. Outline of Local Improvement District Procedure in Washington Cities July, 1988, Foster Pepper & Shefelman. B) RCW 35.43.130-150; 35.43.125 96393 77 2437/39. St. SCALE ,RIZ.~ - CITY OF BREMERTON DEPARTMENT OF PUBU(:; WORK8 & u'rtUTIE8 ENGINEERING DIVISION ,RAWN BY: ~ SIGN BY ~ DATE ~ JENNER AVENUE LID BOUNDRY AREA CHECKED BY: ------------~- HEET 1 OF ORDINANCE NO.-~--~ AN ORDINANCE ordering the Jenner Ave Sidewalk Improvement Project all in accordance with Resolution No. 2545 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 15, 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 improvemem 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 1 and all objections to the proposed improvement were duly considered by the City Council, and all 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 Local Improvement District be created in connection therewith; NOW, THEREFORE, TItE 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 along 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 along 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 along 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 mility 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 offic 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 tide of the improvement and District number, a copy of the diagram or prim 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 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 advertising 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_ PASSED by the City Council of the City of Bremerton this __ day of_ ,1996. ,1996. JOHN LAW, Council President Approved this _ _ day of_ __ _ 1996. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. MCCLUSKEY, City Clerk 96395 Page 4 STATE OF WASHINGTON COUNTY OF K1TSAP 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. , 1996, I mailed a copy ora Notice of the hearing on On ~'-~ the formation ora Local Improvement District for the curb, gutter and sidewalk improvements of Jenner Avenue from 2419-!443 to all the property owners in the LID District as listed on the attached mailing list for first class mail, postage prepaid. SIGNTD AND SWOI~N TO before me this _].2d~-day of ~7~(.qSz- by Kathleen McCluskey. , 1996, Notary Paqolic in a~d/bt the State%f Washington, residing at Bremerton. My appointment expires: NOTICE OF LID FORMATION Jenner Avenue Sidewalk Improvements May 16, 1996 TO: <<FirstName>> <<Sent_to>> <<M 2nd line address>> <<City>> YOU ARE HEREBY NOTIFIED of the proposed formation of a Local Improvement District for the curb, gutter and sidewalk improvements on Jenner Avenue, from 2419 Jenner Ave to 2443 Jenner Avenue, west side only. The City of Bremerton proposes to improve the above-mentioned street by constructing curb, gutter and sidewalk, together with the doing of any and all other work in connection therewith as may be necessary to make such improvements a complete job. Actual assessments may vary from the estimated assessments, so long as they do not exceed the increased true and fair value the improvement adds to the assessed parcel. The preliminary cost estimate for all improvements is $10,200. According to Kitsap County Assessor's records, you are the owner or have an interest in the following benefitted property: TAX LOT NUMBER <<Tax Lot Number>> <<Regarding>> The estimated benefit assessment for this parcel is $<<Cost>>. You are further notified that the hearing on such proposed improvement is fixed for ~6;00 p.m. local time or later. Wednesday the 5th of June. 1996 in the Council Chamber, City Hall, at which time you may appear and object thereto in writing. Prior to the hearing you are invited to contact the City Engineering Division in reference to any questions you may have regarding the project or assessments. They may be reached at (360) 478-5270. BY ORDER OF CITY cOUNCIL KATHLEEN L. McCLUSKEY City Clerk 96366 PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION MEMORANDUM TO: FROM: DATE: SUB J: Mayor Horton City Council Members Randy Witt, City Engineer~O'"~'~ May 28, 1996 Jenner Avenue Sidewalk Improvements Local Improvement District Formation Petition Validation The attached petition, for the formation of a Local Improvement District on portions of Jenner Avenue, was referred to the Engineering Division for checking. The following is a report of the validity of signatures thereon, by front footage of improvements. Front Footage (If) 93(113 32% The petitions are on file in the Engineering Division. Front footage of improvements only. 96394 PUBLIC WORKS AND UTILITIES ENGINEERING DIVISION TO: FROM: DATE: SUB J: MEMORANDUM Mayor Horton City Council Members Randy Witt, City Engineer (~0t~x~ ~ May 28, 1996 Jenner Avenue Sidewalk Improvements Local Improvement District Formation Formation o Value of Land and Improvements The preliminary assessment roll for the subject project is hereby submitted. Following is a smnmary of project costs, land and improvement values and back taxes. B. C. D. E. F. Estimated Project Cost ............................................................................................ $1 1,400 City Contribution to Project Cost ..... - ................................. 3,000 Estimated Share of Project Cost Funded by LID ........................................................ 8,400 T~e Value of Land ................................................................................................. 116,760 25 ~/o True Value of Improvements .......................................................................... 120,360 Back Taxes ...................................................................................................................... The true value of the land has been obtained from the Kitsap County Treasurers Office. Since the portion of cost of the project borne by the LID is less than the value of land and improvements, the Local Improvement District can be formed. 96394 AGENDA BILL BREMERTON CITY COUNCIL 1. ~ ORDINANCE NO. FINAL ASSESSMENT ROLL FOR - U.L.I.D. 327 KITSAP LAKE SEWER PUBLIC ~EAR~SG_REQUIRED 2. ~~ (Comment on back ~,~ i~ nocossary) Dir~ubll'~Works & utilities City Treasurer N/A Council Operations Committee N/^ Council Fiscal & Budget Committee FOR AGENDA OF: June 12, 1996 ORIGINATING DEPT: Public Works & utils ORIGINATOR: R. Wi tt, City En~0~ DATE SUBMITTED: May 28, 1996 3. ~ 1. Ord. # Final Assessment Roll 2. Ord. #4450 Establishing L.I.D. 3. Assessment Roll 4. Assessment Map 5. Engineer's Certification of Assessment Roll ENDORSEMENT~ INF~R~RATION [] APPROVED BY COUNCIL~SENT FOR SUBMITTAL: MAYOR ~~ ~ COUNCIL PRESIDENT 4. SUbSq/tRY STATEMENT AArD REOUIREMENT FOR COUNCIL A~N: At the City Council meeting of May 15,1996, the City Council passed Resolution No. 2546 setting June 12, 1996 as the hearing date for the final assessment on utility Local Improvement District No. 327. Ordinance 4450 was passed by City Council on March 16, 1994 establishing U.L.I.D. No. 327. The improvements generally consist of the extension of sanitary sewer on Northlake Way and Kitsap Lake Road. The value of the Final Assessment Roll is $349,243.23. (Continued of Page 2.) The City Council pass Ordinance No. Utility Local Improvement District 327. 9. PULLED [] TABLED [] COUNCIL DIRECTIVE: 10. APPROVED confirming the Assessment Roll for RESPONSIBLE OFFICIAL: Director Pub Wks & Util ENFORCEMENT OFFICIAL: Director Pub Wks & Util EXPIRATION DATE: REVIEW DATE: T F [] DISAPPROVED [] AMENDED 11. AGENDA BILL NO.: OVER CLEARANCE COMMENTS 3. SUMMARY STATemenT A_ND REOUIREMENT FOR COUNCIL ACTION - Continuation The action before the City Council is a public hearing, during which time the Council will sit as a Board of Equalization for the purpose of considering the Assessment Roll. During the hearing, the Council will consider the objections made and will revise, raise, lower, change or modify the Assessment Roll or any part thereof, or set aside the Assessment Roll and order the assessment be made De Novo. Following the hearing, the Council shall confirm the Assessment Roll by Ordinance. Ail persons who desire to object to the Assessment Roll must make their objections in writing and file them with the City Clerk at or prior to the date fixed for the hearing. 5. IMPACT ON NON-PASSAGE: The assessments to the property owners will not fund the entire project. be collected and the City will 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EOUIPMENT AND OTHER RESOURCES: ~%~[j~g: No Impact. ~_U~q_¢_%: No Impact. Facilities/Equipment: No impact. ORDINANCE NO. AN ORDINANCE adopting and confirming thc assessment roll for Utility Local Improvement District No. 327 providing for the improvements by extension of sanitary sewer in Northlak¢ Way and Kitsap Lake Road as described in Ordinance 4450 providing for thc 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 Utility Local Improvement District No. 327 providing for the improvement by extension of sanitary sewer in said Northlake Way and Kitsap Lake Road, 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. 4450; 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 benefited 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, and the respective amounts in said roll set against each parcel and lot of land or part thereof and other property as determined per lot 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 thereol' 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 thc 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. 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 __ years, at a rate of % per annum, on the outstanding balance. The owner of any property 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 for 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 Passed by the City Council of the City of Bremerton this ~ day of_ __ ,1996. ,1996. JoHN LAW, Council President Approved this ~ day of_ _, 1996. LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. MCCLUSKEY, City Clerk 2 ORDINANCE NO. AN ORDINANCE ordering the West Kitsap I_hake Road Sewer Extension Project all in accordance with Resolution No. 2459 of the City Council; establishing Utility Local Improvement District No. 327; 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 properly in the District. WHEREAS, by Resolution No. 2459 adopted February 16, 1994, the City Council declared its intention to order the improvement of West Kitsap Lake Road and Northlake Way, and fixed March 9, 1994, 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 willbe 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 K. Lake2.LM- Disk 2 - 3/9/94 q/ mentioned, and all objections to the proposed improvement were duty considered by the City Council, and all 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 utility local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY OF B~TON DOES HEREBY ORDAIN: Section 1. That the area described as: Beginning at a point 75 feet east of the Northwest corner of lot 10, in Lake Kitsap Summer Homes, as recorded in Vol. 3 of Plats pg. 94, Records of Kitsap County, Washington; thence South to the south margin of blorthlake Way and the TPOB: thence westerly along said south margin and continuing northwesterly along the westerly margin of said Northlake Way to the east margin of Leber Road; thence south along the east margin of Leber Rd to its intersection with the west line of Section 8, T24bl, R1E, W.M.;thence south along said west line to the easterly margin of the United States Railroad right- of-way; thence southerly along said right-of-way to a point 510.6 feet north of the center of Section 17, T24N, R1E, W.M.;thence east parallel to the center of said section 17 to the shoreline of Kitsap Lake; thence following said shoretine northerly to its intersection with a point on the south line of said lot i0 said point being 50 feet east of the west line of the east 1/2 of said Lot 10; thence N1°28'33"E95 feet; thence northwesterly along a straight line to a point 151 feet north and 45 feet east of the southwest comer of said east 1/2; thence northwesterly along a straight line to a point 193 feet north and 40 feet east of the southwest comer of said 1/2; thence west 15 feet; thence NlO28'33"Ealong a line 25 feet east, measured at right angles form the west line of said east 1/2 to the TPOB. EXCEPT: That portion of the North 33.08 feet of Govt. Lot 1, Section 17, T24N, R1E, W.M. lying west of the west margin of West Kitsap Lake Road. be improved by the construction of necessza~ sewer system, together with the doing of any and all other work in connection therewith as may be necessary to make such improvement a complete job. 2 K-Lak¢2.L.M- Disk 2 - 3/9194 All of the foregoing shall be in accordance with the plans and specifications therefor prepared by the City Engineer, and may be modifie~ 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. Section 3. That there is hereby established and created a utility local improvement district, Utility Local Improvement District No. 327. 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 $624,800 of which $300,000 of that cost shall be paid from the City's wastewater 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 lot method of computing assessments may be deemed to fairly reflect the special benefits to the properties being assessed. Section 6. The preliminary hereby confirmed and adopted. Section 7. assessment roil on file in the City Engineer's office is Within fifteen (15) days of the passage of this ordinance there shall be K.Lak¢2.LM- Diaz 2 - 3/9/94 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 13istrict 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. 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 advertising described in RCW 35.44.015 (2) - (5) and (7), shall be included in the costs to be assessed against the properties in the utility 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 /~'~v~- ~/~ ,1994. PASSED by the City Council of the City of Bremerton this .I/,~A day of /¥a ~'-c,/~ ,1994. EILEEN FITZ, CoUncil" President APPROVED this ~1 day of ~%~.~'~ ,1994. HORTON, Mayor EFFECTIVE DATE ~- ~ q- q!'z- PUBLICATIOt'.i DATE ~,?_ ~,? - ?.,.,z_ ORDINANCE NUMBER_ -,.-'~'5"m ._ KITSAP LAKE SEWER U.L.I.D. 327 FINAL ASSESSMENT ROLL 2 3 4 7 ERT GRIFFITH N LEBER LN BREMERTON, WA 98312 DAVID & ALICE VIERA 4847 NW LEBER LM ,REMERTON, WA 98312 'ATRICIA HOXER 903 K1TSAP LAKE RD NW 3REMERTON, WA 98312 kRK MORGAN 1893 KITSAP LAKE RD NW BREMERTON, WA 98312 CLIMUTH E & IRENE E FROST 4035 NW COUNTRY LN gREMERTON, WA 98312 [ONALD A RALSTIN 839 NORTHLAKE WAY NW IREMERTON, WA 98312 ;TEPHEN MARTZ 721 KITSAP LAKE RD NW 3REMERTON, WA 98312 082401-3-197-2006 $ 082401-3-215-2004 $ 082401-3-130-2006 $ 082401-3-131-2005 $ 082401-3-132-2004 $ 082401-3-133-2003 $ 082401-3-134-2002 $ 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 8 10 11 12 13 14 15 16 REX E & CAROL J TAUSCHER & DANIEL & TANDIE STEINMETZER 10808 WEST OLD BELFAIR HWY BREMERTON, WA 98312 SHARON STONE 4071 SEABECK HWY NW ;REMERTON, WA 98312 [ICHARD BUTLER P O BOX 1447 ',ILVERDALE WA 98383 )lANE M HARLOW 1833 KITSAP LAKE RD NW BREMERTON, WA 98312 G O & LINDA MCCLINTOCK 1823 KITSAP LAKE RD NW BREMERTON, WA 98312 NORMAN M KINDT 2622 HILTOP LANE NW BREMERTON, WA 98312 SHARON Y STONE 4071 SEABECK HWY NW .REMERTON, WA 98312 ICHAEL A PETROWSKI 9960 SILVERDALE WAY SILVERDALE WA 98383 ~IICHAEL A PETROWSKI }960 SILVERDALE WAY ILVERDALE WA 98383 082401-3-129-2009 $ 082401-3-128-2000 $ 082401-3-135-2001 $ 082401-3-136-2000 082401-3-137-2009 082401-3-185-2000 082401-3-124-2004 082401-3-175-2002 082401-3-138-2008 4,517.19 4,517.19 5,083.12 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 17 18 19 2O 21 22 23 24 25 26 IJACK LEFCOSKI 1700 KITSAP LAKE RD NW BREMERTON, WA 98312 JACK LEFCOSKI 1700 KITSAP LAKE RD NW BREMERTON, WA 98312 dlCHAEL & SHERLE PAPPAS .718 KITSAP LAKE RD NW 3REMERTON, WA 98312 MARK & RUTH KUHLMAN 1748 KITSAP LAKE RD NW BREMERTON, WA 98312 JAMES PAPPAS JR 1746 KITSAP LAKE RD NW BREMERTON, WA 98312 GLEN P BRAMWELL 16604 NE 145TH WOODINVILLE WA 98072 GEORGENEA INGRAM 1661 NORTHLAKE WAY NW BREMERTON, WA 98312 IJ F MITCHELL P O BOX 4447 BREMERTON, WA 98312 GEORGE H LAWTON 1651 NORTHLAKE WAY BREMERTON, WA 98312 YUN S HONG 18035 14THNW SEATTLE, WA 98177 082401-3-212-2007 $ 082401-3-213-2006 $ 082401-3-140-2004 082401-3-141-2003 082401-3-142-2002 082401-3-193-2000 082401-3-145-2009 082401-3-146-2008 082401-3-147-2007 3765-000-012-0005 4,517.19 4,517.I9 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 27 28 29 30 31 32 33 34 35 36 EDWARD JR & MAURENE HEUSS 1573 NORTHLAKE WAY NW BREMERTON, WA 98312 LORETTA M GEER 1561 N LAKE WAY BREMERTON, WA 98312 DIANE SCHWOCH 1525 NORTHLAKE WAY NW BREMERTON, WA 98312 CITY OF BREMERTON UTILITIES DIV. KEVIN HAUGEN & JENNIE BLAIR 1565 KITSAP LAKE RD NW IREMERTON, WA 98312 HCHARD DUNLAP 1630 KITSAP LAKE RD NW BREMERTON, WA 98312 ROGER HUDSON & DEBRA KURRE 1610 KITSAP LAKE RD NW BREMERTON, WA 98312 JACQUALINE R WILSON 1611 KITSAP LAKE RD NW BREMERTON, WA 98312 ROGER HUDSON & DEBRA KURRE 1580 KITSAP LAKE RD NW BREMERTON, WA 98312 ROGER HUDSON & DEBRA KURRE 1580 KITSAP LAKE RD NW BREMERTON, WA 98312 376~-000-011-0006 $ 3765-000-010-0007 $ ~765-000-010-0106 172401-2-049-2007 172401-2-048-2008 172401-2-002-2002 172401-2-003-2001 172401-2-047-2009 172401-2-066~2005 172401-2-064-2007 4,517.19 4,517.19 4,517.19 4,517.19 5,370.86 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 37 38 39 40 41 42 43 44 45 ROGER HUDSON & DEBRA KURRE 1580 KITSAP LAKE RD NW BREMERTON WA 98312 LEWIS E & JESSIE E WHITE 1544 KITSAP LAKE RD NW BREMERTON, WA 98312 ROBERT J GORDON 1540 KITSAP LAKE RD NW BREMERTON WA 98312 STEPHEN L GORDON 1518 KITSAP LAKE RD NW BREMERTON WA 98312 JAMES H FISH 1547 KITSAP LAKE RD NW BREMERTON, WA 98312 MYRNA L PETERSON 1533 KITSAP LAKE RD NW BREMERTON WA 98312 NAVY YARD BIBLE CHURCH 3648 F ST ~REMERTON WA 98312 'IM A TOPP 1503 KITSAP LAKE RD NW BREMERTON, WA 98312 LARRY S CONTI 1484 KITSAP LAKE RD NW BREMERTON, WA 98312 172401-2-065-2006 172401-2-005-2009 172401-2-006-2008 172401-2-007-2007 172401-2-046-2000 172401-2-045-2001 172401-2-008-2006 172401-2-058-2005 172401-2-060-2001 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 46 47 48 49 50 51 52 53 54 55 LARRY S CONTI 1484 KITSAP LAKE RD NW BREMERTON, WA 98312 LARRY S CONTI 1484 KITSAP LAKE RD NW BREMERTON, WA 98312 LARRY S CONTI 1484 KITSAP LAKE RD NW BREMERTON, WA 98312 GEORGE DASHO 1471 KITSAP LAKE RD NW BREMERTON, WA 98312 GEORGE DASHO 1471 KITSAP LAKE RD NW BREMERTON, WA 98312 ~EONARD E & MARY A CLICK [437 KITSAP LAKE RD NW ~REMERTON, WA 98312 AICHAEL J MCKINNEY 416 KITSAP LAKE RD NW BREMERTON, WA 98312 MICHAEL J MCKINNEY 416 KiTSAP LAKE RD NW IREMERTON, WA 98312 OE ROSTAD 1408 KITSAP LAKE RD NW BREMERTON, WA 98312 J & C POLLAK 1417 KITSAP LAKE RD NW BREMERTON, WA 98312 172401-2-061-2000 $ 172401-2-062-2009 $ 172401-2-063-2008 $ 72401-2-055-2008 $ 172401-2-056-2007 $ 72401-2-013-2009 $ 172401-2-012-2000 $ 172401-2-054-2009 $ 172401-2-014-2008 $ 172401-2-017-2005 $ 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 56 57 58 59 6O 61 62 63 64 J MAGNESON 17918 NW HINTZVILLE RD IREMERTON, WA 98310 TEPHEN MARCHARiK t56 KITSAP LAKE RD NW IREMERTON, WA 98312 ~/ILLIAM VONESSEN 1346 KITSAP LAKE RD NW ~REMERTON, WA 98312 IEROME R MEARS 1345 KITSAP LAKE RD NW BREMERTON, WA 98312 TERRY M & SHEILA SCATENA 1237 KITSAP LAKE RD NW BREMERTON, WA 98312 HERBERT O CAMM 1310 KITSAP LAKE RD NW BREMERTON, WA 98312 DONALD FINOARSON 1278 KITSAP LAKE RD NW BREMERTON, WA 98312 TERRY M & SHEILA SCATENA 1237 KITSAP LAKE RD NW BREMERTON, WA 98312 TERRY M & SHEILA SCATENA 1237 KITSAP LAKE RD NW BREMERTON, WA 98312 172401-2-016-2006 $ 172401-2-015-2007 $ 172401-2-019-2003 $ 172401-2-018-2004 $ 172401-2-042-2004 $ 72401-2-020-2000 $ 172401-2-021-2009 $ 172401-2-041-2005 $ 172401-2-023-2007 $ 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 65 66 67 68 69 70 71 72 73 74 PATRICIA A SEAMANS 1270 KITSAP LAKE RD NW BREMERTON, WA 98312 GERALD CAROLLO 1218 KITSAP LAKE RD NW BREMERTON, WA 98312 L MACINTYRE 1207 KITSAP LAKE RD NW BREMERTON, WA 98312 JEFFERY & SHANNON LEWIS 187 KITSAP LAKE RD NW IREMERTON, WA 98312 /VAYNE & EVELYN STEWART 1186 KITSAP LAKE RD NW BREMERTON, WA 98312 LARRY A & SUZANNE DECK 180 KITSAP LAKE RD NW )REMERTON, WA 98312 [OBERT J SPRENG 1175 KITSAP LAKE RD NW BREMERTON, WA 98312 DARRELL T INGRAM 1151 KITSAP LAKE RD NW BREMERTON, WA 98312 MARILYN P MUTCHLER 1128 KITSAP LAKE RD NW BREMERTON, WA 98312 HAROLD P REAUME 1103 KITSAP LAKE RD NW BREMERTON, WA 98312 172401-2-022-2008 $ 72401-2-025-2005 $ 172401-2-024-2006 $ 172401-2-027-2003 $ 172401-2-026-2004 $ 172401-2-028-2002 $ 172401-2-053-2000 $ 172401-2-036-2002 $ 172401-2-029-2001 $ 172401-2-035-2003 $ 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 4,517.19 75 76 77 78 D E MORITZ 1098 KITSAP LAKE RD NW BREMERTON, WA 98312 DALE E MORITZ 1098 KITSAP LAKE RD NW 3REMERTON, WA 98312 ½ STEVENSON 1048 KITSAP LAKE RD NW BREMERTON, WA 98312 DIANE PHILLIPS SIEBER 1111 KITSAP LAKE RD NW BREMERTON, WA 98312 172401-2-031-2007 172401-2-030-2008 172401-2-032-2006 172401-2-034-2004 $ 4,517.19 $ 4,517.19 $ 4,517.19 $ 4,517.19 TOTAL NOTES: * This assessment includes actual cost ($565.93) of extra lateral. ** This assessment includes actual cost ($853.67) of extra lateral. $ 349,243.23 LID BOUNDARY LEGEND ® LID NUMBER ~:~ASSESSORS TAX LOT NUMBER ~AMP I~ (US NAVY) ENGINEER'S CERTIFICATION To the City Council of the City of Bremerton, in accordance with Ordinance No. 4450 which created Utility Local Improvement District No. 327, 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 $ 349,243.23. Said amount is to be equitable apportioned and assessed against the property owners specially benefited from said improvements, as specified in the Assessment Roll. The Assessment Roll consists of 9 sheet and 1 diagram, and is true and correct Assessment Roll for the aforesaid improvement. I hereby submit the roll for equalization and confirmation. SUBMITTED this Zc~ day of ~k'~ ,1996. RANDY WlTT, City Engineer CERTIFICATION OF CITY COUNCIL This is to certify the Assessment Roll for Utility Local Improvement District No. 327 was confirmed by Ordinance No. of the City of Bremerton, on the __ day of ., 1996. JOHN LAW, Council President KATItLEEN MCCLUSKEY, City Clerk /05 AGENDA BILL BREMERTON CITY COUNCIL 1. ~u~ ORDINi~NCE NO. FINAL ASSESSMENT ROLL FOR L.I.D. - WHEATON WAY SEWER PUBLIC HEARING REQUIRED Dir~)f City Treasu N/A 328  (Comment on back necessary) /~b~ic Works & utilities Council Operations Committee N/A Council Fiscal & Budget Committee FOR AGENDA OF: ORIGINATING DEPT: ORIGINATOR: DATE SUBMITTED: 3. ~ June 12, 1996 Public Works & Utils . R. Witt, City En~.~ May 28, 1996 1. Ord. # Final Assessment Roll 2. Ord. #4460 Establishing L.I.D. 3. Assessment Roll 4. Assessment Map 5. Engineer's Certification of Assessment Roll ENDORSEMENT ~ INFQR/~ATION [] APPROVED BY COUNCIL ~NT FOR SUBMITTAL: YOR % CO CIL PRESIDENT 4. SUM~RY STATEMENT A_N-D REOUIREMENT FOR COUNCIL At the City Council meeting of May 15,1996, the City Council passed Resolution No. 2547 setting June 12, 1996 as the hearing date for the final assessment on Local Improvement District No. 328. Ordinance 4460 was passed by City Council on May 11, 1994 establishing L,I.D. No. 328. The improvements generally consist of the extension of sanitary sewer on Wheaton Way. The value of the Final Assessment Roll is $109,107.90. (Continued of Page 2.) 5. E T · The City Council pass Ordinance No. Local Improvement District 328. 9. PULLED [] TABLED [] COUNCIL DIRECTIVE: 10. APPROVED confirming the Assessment Roll for RESPONSIBLE OFFICIAL: Director Pub Wks ENFORCEMENT OFFICIAL: Director Pub Wks EXPIRATION DATE: REVIEW DATE: F A [] DISAPPROVED [] AMENDED (OVER) 11. AGENDA BILL NO.: & Util & Util CLEARANCE COMMENTS .~/~_/4 3. SUMF~RY STATEMENT AND REOUIREMENT FOR COUNCIL ACTION - Continuation The action before the City Council is a public hearing, during which time the Council will sit as a Board of Equalization for the purpose of considering the Assessment Roi1. During the hearing, the Council will consider the objections made and will revise, raise, lower, change or modify the Assessment Roll or any part thereof, or set aside the Assessment Roll and order the assessment be made De Novo. Pollowing the hearing, the Council shall confirm the Assessment Roll by Ordinance. Ail persons who desire to object to the Assessment Roll must make their objections in writing and file them with the City Clerk at or prior to the date fixed for the hearing. 5. IMPACT ON NON-PASSAGE: ~he assessments to the property owners fund the entire project. will not be collected and the City will 6. IMPACT ON STAFFING, BUDGETS. FACILITIES, EOUIPMENT AND OTHER RESOURCES: Staffing: No Impact. Budget: No Impact. Facilities/Equipment: No impact. /0-7 ORDINANCE NO. AN ORDINANCE adopting and confirming thc assessment roll for Local improvement District No. 328 providing for the improvements by e×~tension of sanitaq' sewer in Wheaton Way as described in Ordinance 4460 providing for the lev~'ing 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 thercof; creating and establishing a special ftmd therefore. THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. That the Assessment Roll for Local Improvement District No. 328 providing for the improvement by extension of sanita~' sexx~er in said Wheaton Way, 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 Ordinance No. 4460; 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 benefited by said improvement and that there bc 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 Brcmcrton and the respective amounts in said roll set against each parcel and lot of` land or part thereof and other property as determined by thc front footage method abnt~ing 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 thc assessment roll with the Treasnrer, who shall then publish a notice in the Ci~'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 max' be paid within thirty (30) days from the date of the first publication of'thc notice, withont penal~~, interest or costs. Within fifteen (15) days of the first newspaper publication, the Ci~~ Treasurer shall noti~' each owner or reputed o~cner whose name appears on the assessment roll, at thc address on the tax rolls of' the Connty Treasurer f`or each proper~' described on the list, of` the netware of the assessment, of the amonnt of his real property subject to such assessment, of the total amount of and of the time during which such assessment ma5' be paid x~Sthout penalty, interest or assessment due, costs. Section 4. Failure by the owncr of any propcr~j chargcd with an asscssment to pay thc total assessment within thirty days of the first publication of notice in the ncwspaper, shall thcreaftcr be rcquircd to pay the assessment on an annual installment basis over a period of years, at a rate of % per annum, on the outstanding balance. Thc o,~ncr of any property charged with an assessment may redeem it from all liability for the unpaid amount of thc assessment at any time after thc thirty' day period allowed for 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 thc date of maturity of the installment nex~t 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 , 1996. Passed by the City Council of the City. of Bremerton this day of , 1996. Approved this _ day of ,1996. JOHN LAW, Council Prcsidcnt LYNN S. HORTON, Mayor ATTEST: KATHLEEN L. MCCLUSKEY, CiD' Clerk 96343 2 /05' OR I ^ CE SO. :¢',"d'd AN ORDINANCE ordering the Wheaton Way Sewer Extension Project all in accordance with Resolution No. 2464 of the City Council; establishing Local Improvement District No. 328; 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. WI-IEREAS, by Resolution No. 2464 adopted April 13, 1994, the City Council declared its intention to order the improvement of Wheaton Way, and fixed May 4, 1994, 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 Wheaton2.LM - Disk 2 - 5/4/94 mentioned, and all objections to the proposed improvement were duly considered by the City Council, and all 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 utility local improvement district be created in connection therewith; NOW, THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. That the area described as: All of Block 30, Except lots 11, 14, and 34 thru 39, Plat of United States Navy Yard Addition. be improved by the construction of necessary sewer system, 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. Section 3. That there is hereby established and created a utility local improvement district, Utility Local Improvement District No. 32. 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 Wheatort2.LM - Disk 2 - 5/4/94 2 City fund incurring the expense of constructing the improvements. Section 4. The total estimated cost and expense of the improvement is declared to be $95,850.00. The City shall pay the costs associated with project administration and engineering design in an amount not to exceed $13,729.50 according to Administrative Policies and Procedures No. 1-17. The remainder of the total estimated cost and expense 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 front footage 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. Section 8. This ordinance shall become effective ten (10) days from passage and Whcaton2.LM - Disk 2 -5/4/94 3 publication. APPROVED by the City Council of the City of Bremerton this ~ day of ~J~ l ~. , 1994. PASS£D by the City Council o£ the City o£ Bremerton this /_/~//: day of ,1994. EILR~N FITZ, Cou~n¢il President APPROVED this HORTON, Mayor , 1994. ATTEST: KATHLEEN McCalL Y, City Clerk EFFECTIVE DATE_ PUBLICAT!ON D,~TE d--/~/-?~/ _ ORDINANCe' ~,~Ui, i~SER qq/~ .- WheatomT,.LM - Disk 2 - 5/4194 4 ENGINEER'S CERTIFICATION To the City Council of the City of Bremerton, in accordance with Ordinance No. 4460 which created Local Improvement District No. 328, 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 $109,107.90. Said amount is to be equitable apportioned and assessed against the property owners specially benefited from said improvements, as specified in the Assessment Roll. The Assessment Roll consists of 1 sheet and 1 diagram, and is tree and correct Assessment Roll for the aforesaid improvement. I hereby submit the roll for equalization and confirmation. SUBMITTED this %6 day of ~,~ ,1996. RANDY VOITT, City Engineer CERTIFICATION OF CITY COUNCIL This is to certify the Assessment Roll for Local Improvement District No. 328 was confirmed by Ordinance No. of the City of Bremerton, on the__ day of 1996. JOHN LAW, Council President KATHLEEN MCCLUSKEY, City Clerk WrnSATON WAY SEWER EXTENSION b_ · FINAL ASSESSMENT ROLE 9 10. 11. 3976-030-030-00 3976-030-028-00 ~976-030-026-00 3976-030-025-00 1976-030-022-00 ~976-030-012-00 3976-030-007-00 t976-030-005-00 3976-030-003-00 3976-030-001-00 3976-030-073-00 ~,EORGANIZED CHURCH OF JESUS ;HRIST OF LATTER DAY SAINTS ~.O. Box 1059 ~, Mo. 64051 JOHN JR & CAROL LOIDHAMER Stampede Blvd. NW ~, WA 98310 DAYTON GRIFFIN 2819 Hefner Ave. Bremerton, WA. 98310 EMILIO & JULIA FRANCO 1991 Sequoia SE Pt. Orchard WA 98366 William J. Ludwig 2011 Wheaton Way Bremerton, WA 98310 EDWARD ESSER ESTATE 4124 Essex St. 3rernerton WA 98310 ;3AVID & JANET GENUIT 1935 Wheaton Way Bremerton, WA 98310 CiTY OF BREMERTON 234 4th Street [~remerton WA 98337 VILLIAM & LAURIE JONES 921 Wheaton Way Bremerton, WA 98310 GARY G JONES JR 1917 Wheaton Way Bremerton WA 98310 JEFFREY S & L'~'LY PEELER 249 W. Glade St. Palatine, II 60067 120 55 50 45 90 330 120 60 75 68.86 56.14 WASTEWATER FUND* TOTALS $101.97 $101.97 $101.97 $101.97 $101.97 $101.97 $101.97 $101.97 $101.97 $101.97 $101.97 1070 $101.97 $12,236.40 $3,658.35 $5,098.50 $4,588.65 $9,177.30 $33,650.10 $12,236.40 $6,118.20 $7,647.75 $7,021.65 $5,724 * This lots assessment has been reduced by $1,950. This amount was paid in advance to the Departmer under a previous agreement to allow wastewater service. The $1,950 will be paid by the Wastewater F, S3NOp >- <( z 0 rr' X .11 ZbJ ~ ® e ~o~ i z~ 0 ~ ~°1o~