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HomeMy WebLinkAbout09/26/01 AGENDA CITY COUNCIL MEETING AGENDA SEPTEMBER 26, 2001 1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. A. General Council Business 2. CALL TO ORDER: 5:30 P.M. A. Pledge of Allegiance B. Invocation 3. CONSENT AGENDA A. Minutes of Meeting - September 12, 2001 (#AB01-209) 4. CLAIMS/CHECK REGISTERS 5. COUNCIL MEMBER REPORTS 6. COUNCIL COMMITTEE REPORTS 7. MAYOR'S REPORT 8. LEGISLATIVE REPORT 9. PUBLIC RECOGNITION - (Comments limited to 3-minutes) 10. NEW BUSINESS A. Contract Award to GOLDEN GLOBE JANITORIAL SERVICE for Janitorial Services (#AB01-210)' B. Professional Services Agreement Amendment with OLSEN & OLSEN (#AB01-211) 11. PUBLIC HEARINGS - ORDINANCES A. Ordinance (First Reading) Approving City's 2002-2007 Six-Year Transportation Plan (#AB01-212) 12. ADJOURNMENT OF MEETING CITY COUNCIL MEETING SEPTEMBER 26, 2001 SPEAKERS LIST If you have a question that may require a written response, please provide your mailing address. Thank you. NAME TEI.EPHONE TOPIC 2. o J 10. 11. 12. 13. 14. Reminder: The next Council Meeting will be on Wednesday, October AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: 'FOR AGENDA OF: SEPTE~ER 26, 2001 ORIGINATING DEPT.: CITY COUNCIL MINUTES OF MEETING-- sg?TEt'~ER 12, 2001 ORIGINATOR: JOHN E. LAW, PRESIDENT DATE SUBMITTED: .~'.p"r~-,,~R ] 7, 2001 2. CLEARANCES: (Comment on back if necessary) 3, EXHIBITS: ENDORSEMENT ~ INFORMATION D APPROVED BY COUNCIL PR~ESIDENT FOR SUBMITTAL: MAYOR COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: 8. RECOMMENDATION: 9. RESPONSIBLE OFFICIAL: ENFORCEMENT OFFICIAL: EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED []TABLED []APPROVED ri DISAPPROVED []AMENDED []DATE: ~?~ V COUNCIL DIRECTIVE: 11. AGENDA BILL NO.' {? (OVER) / CLEARANCE COMMENTS: SUMMARY STATEMENT (CONTINUED): 5. IMPACT OF NON-PASSAGE: 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES: TAPE #1792 UNAPPROVED DRAFT CITY COUNCIL MEETING MINUTES September 12, 2001 The weekly 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, September 12, 2001, at 5:30 P.M., with Council President John Law presiding. Council members present were Jim Reed, Will Maupin, Carol Arends, Eric Younger, Mike Shepherd, Ed Rollman, Cecil McConnell, and Wayne Olsen. Also present were Interim City Attorney Loren Combs; Deputy City Clerk Paula Johnston; and Legislative Assistant Lori Smith. The meeting opened with the Pledge of Allegiance led by Council Member Cecil McConnell, followed by the invocation provided by Pastor Sam Rachal, Jr. of Mt. Zion Baptist Church. President Law made the following announcements: 1) A Pre-Council session was held to discuss general Council business; and 2) Prayer and words of condolences were extended to the victims and their families after the recent horrific events, and indicated that a Proclamation in their honor would be presented next week. CONSENT AGENDA A. Minutes of Meeting - August 29, 2001 (#AB01-201) #0025 M/S/C (McConnell/Olsen) Move to approve Consent Agenda as presented. Voted in favor of Motion: Olsen, McConnell, Rollman, Shepherd, Younger, Arends, Maupin, and Reed Abstained: Law Motion carried: 8-Yes; and 1-Abstention 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. #0075 M/S/C/U (Reed/McConnell) On September 12, 2001, the Council does approve for payment those vouchers included and further described as follows: Checks 255812 through 255990 in the amount of $1,041,272.41; and Regular Payroll in the amount of $1,010,425.08 for the period ending August 31, 2001. COUNCIL MEMBER REPORTS Carol Arends discussed the traffic problems in her district caused by the increased security at the PSNS gates, and urged driver's to allow extra time and use alternative routes when possible. Mike Shepherd announced the next District 5 neighborhood meeting on Thursday, September 20, from 6:30 to 8:30 P.M. at the Memorial Luther Church with special guest Dr. Mike Connolly of Olympic College; encouraged the public to attend the State Route 303 Bremerton to Silverdale Corridor Study Community Meeting on Tuesday, September 25, 2001, from 6:00 to 8:30 P.M. at the Bremerton High School Auditorium; briefly discussed the Sav-On development at 6th & Naval; and lastly, announced upcoming meetings to discuss a Pocket Park near McKenzie & Cogean. Ed Rollman discussed the on-going mural project on the back of the building at 6th & Park; the history of Donald Rumsfeld and his involvement in the current events of the Nation; the hours of operation for the History of Bremerton Photo Exhibit sponsored by the Bremerton Centennial Historical Committee; and lastly, announced the Cultural Fest this Saturday, September 15 beginning at 10:30 A.M. TAPE #1792 City Council Reg. Mtg. Minutes September 12, 2001 Page 2 of 5 Cecil McConnell added that prior to the Community Meeting regarding the State Route 303 Bremerton to Silverdale Corridor Study, there would be a stakeholders meeting on Thursday, September 13, from 4:00 to 6:30 P.M. at the Eagles Nest Conference Room. John Law announced a District 3 meeting would be held Tuesday, September 18, 2001 beginning at 7:00 P.M. at the Senior Center located at East 13th & Nipsic Avenue, which would include an opportunity to hear immediate results from the Primary Election directly from the Elections Office. COUNCIL COMMITTEE REPORTS Carol Arends reported that the Kitsap Regional Coordinating Council's Transportation Policy Board meeting was cancelled yesterday, but the Puget Sound Regional Coordinating Council's Transportation Policy Board in Seattle is scheduled to meet tomorrow, and she plans to attend. MAYORS REPORT Mayor Horton discussed how the terrorism acts that occurred on the East Coast have affected the City of Bremerton and the Shipyard, and assured the public that she has been working diligently with top officials to deal with parking and traffic concerns, higher security, and ferry issues; It was announced that the Puget Sound Blood Center would be sponsoring numerous blood drives in the area, and citizens may call 1-600-398-7688 for more information; A summary of the recent meeting with the Kitsap Public Facilities Board to discuss the City of Bremerton's proposal for funding for a Conference Center on the waterfront was provided; Officer Gre~l Rawlins was brought forward to discuss the ability by the Police Department to purchase two new dogs for the K-9 Program with donations received by local businesses such as Pepsi Cola Company, and Haselwood Auto Dealers. The Garguile family was thanked by the City for their efforts in organizing the collection of the donations; and A Proclamation was read to proclaim September 1 - October '!5, 200'1 as Washington Water Weeks, which was accepted by Don Larson, President of the Kitsap Diving Association. He invited the public to attend the Sinclair Inlet Clean-Up and Marine Fair on Saturday, September 15, 2001, from 11:00 A.M. to 2:00 P.M. LEGISLATIVE REPORT - There was no report this evening. PUBLIC RECOGNITION Jack Lefcoski announced the Kitsap Lake Neighborhood Association was going to meet at 6:30 P.M. on Monday, September 17, 2001 and Tuesday, September 25, 2001 at Camp McKean; asked the City to consider a walkway around Kitsap Lake; and lastly, to provide information on how the Port Blakely project will affect the residents around Kitsap Lake. Don Larson called for volunteers for the next Sinclair Inlet Clean-Up Event and Marine Fair to be held on Saturday, September 15, 2001, from 11:00 A.M. to 2:00 P.M. at the Waterfront Boardwalk. Carlos Montgomery suggested that the City Council televise all their Study Sessions, as they did on September 5, to assist in keeping their citizens informed. 10A - APPOINTMENT OF ANGELA STANFEL WOOD TO THE PLANNING COMMISSION (#AB01-202): Mayor Lynn Horton discussed the qualifications, and experience of Angela Stanfel Wood to recommend that she be appointed to the Planning Commission in order to fill a vacancy. TAPE #1792 City Council Reg. Mtg. Minutes September 12, 2001 Page 3 of 5 There were no questions or comments from the public. #1245 M/S/C/U (Shepherd/Reed) Move to confirm the appointment of Angela Stanfel Wood to the Planning Commission. 10B - CONFIRMATION OF JIM SPENCER TO THE POSITION OF DIRECTOR OF PARKS & RECREATION (#AB01-203): Mayor Lynn Horton discussed the qualifications of Jim Spencer, including his prior experience as Interim Director for four years with the City, to recommend that the Council confirm his appointment to fill the vacancy created by Cris Gear's resignation as Director of Parks & Recreation on January 31, 2001. There were no questions or comments from the public. #1377 M/S/C/U (McConnell/Reed) Move to confirm the appointment of Jim Spencer to the position of Director of Parks & Recreation effective as of September 24, 2001. 11A- PUBLIC HEARING & ORDINANCE NO. 4774 (SECOND READING), REGARDING SIGNS IN THE PUBLIC RIGHT OF WAY. AND AMENDING BREMERTON MUNICIPAL CODE 21.02.330(e)(9) AND TITLE 21, APPENDIX FIGURE 3-30 (#AB01-200): First Reading of this ordinance was heard at the Council meeting on September 5, 2001. There were no questions or comments from the public. #1440 M/S/C/U (McConnell/Reed) Move to postpone the second reading of Ordinance No. 4774 to September 19, 2001. 1 lB - CONTINUED PUBLIC HEARING FOR PROPOSED COMPREHENSIVE PLAN AMENDMENTS (#AB01-198): Chris Hugo established that extensive staff reports for each of the items were presented at the last Council meeting on September 5, 2001, however due to confusion regarding the Agenda from last week mistakenly announcing this as a NEW BUSINESS" item Setting a Public Hearing Date", this item was continued to this week to allow an opportunity for any additional testimony. (1) PLO0-O054 KITSAP WAY COMPREHENSIVE PLAN AMENDMENT & ZONING (NANCE) Mr. Hugo showed visuals while summarizing the Staff Report and Findings & Conclusions for this item. Carlos Montgomery referred to past items PL01-0001, PL00-0061, and PL00-0062 to support his opinion that it was inconceivable to him how this current amendment to item PL00-0054 could be approved for the same identical reasons. He further stated his belief that past staff members of the Planning Department were arbitrary in their recommendations, and that all four items should be remanded back to the Planning Department for reconsideration applying the same rules to each of the requests. (2) PLO0-O073 6T' STREET A T CHESTER COMPREHENSIVE PLAN AMENDMENT & ZONING (WESLAR) Mr. Hugo showed visuals while summarizing the Staff Report and Findings & Conclusions for this item. Chuck Dodge of Art Anderson & Associates and Agent to Wes Larson, urged positive consideration for this item, and explained that neither he nor the owner received notice for the meeting last week, so apologized for not being here at the prior meeting. Carlos Montgomery stated that although he has no objections to this item, he was concerned that it appeared to be more "spot zoning", and cautioned that the City should not "piece meal" the Comprehensive Plan. TAPE #1792 City Council Reg. Mtg. Minutes September 12, 2001 Page 4 of 5 (3) PLO0-O077 WARREN AVENUE AT CLARE COMPREHENSIVE PLAN AMENDMENT & ZONING (MENTOR) Mr. Hugo showed visuals while summarizing the Staff Report and Findings & Conclusions. Carlos Montgomery commented that this change was appropriate for this area. It was again reiterated that no action is required at this time - The City Planning Commission has forwarded afl three proposed amendments to the Council with a recommendation for approval. However, the Council will not make any final decisions on these individual proposals until the entire 2000-2001 Docket of Proposed Amendments has been heard, in order to maintain consideration of their cumulative effect throughout the process. 11C - PUBLIC HEARING FOR PROPOSED COMPREHENSIVE PLAN AMENDMENTS (#AB01- 204): Chris Hugo, Planning & Building Director, stated that the City of Bremerton proposes to amend its Comprehensive Plan and Optimum Land Use Map through City and public initiated amendment applications that will be applied citywide as well as to specific properties. The approved amendments would be adopted by ordinance and some amendments are accompanied by related rezones to maintain consistency with the Comprehensive Plan. The proposed amendments are among a total of eleven in the 2000-2001 Docket of amendments for City Council consideration. This agenda bill sets public hearing on each of the following proposals separately: (1) PLO0-O065, WERNER ROAD INDUSTRIAL PARK COMP PLAN AMENDMENT & ZONING (HANCOCK) Mr. Hugo showed visuals while summarizing the Staff Report and Findings & Conclusions. The proposed result would be to change both maps to re-designate the propedies specified in the amendment requests. Specifically, the Comprehensive Plan Map would be amended from Low Density Residential (LDR) to Industrial Park (IP) designations; and the Official Zoning Map would be amended from Residential Low Density (SF-1, SF-3) and Residential Medium Density (MF) to Industrial Park (IP). Mike Hancock announced that he was the applicant for this item, and was available if there were any questions. Carlos Montgomery stated that now that this property is annexed in the City, it fits right into the intentions of the originally adopted Comp Plan. Mr. Hugo discussed "population allocations" at the request of Mr. Shepherd. (2) PLO0-O063, SYLVAN WAY COMPREHENSIVE PLAN AMENDMENT & ZONING (TRANSERV) Mr. Hugo showed visuals while summarizing the Staff Report and Findings & Conclusions. The proposed result would be to change both maps to re-designate the properties specified in the amendment requests. Specifically, the Comprehensive Plan Map would be amended from Medium Density Residential (MDR) to General & Professional Office (C-P) designations; and the Official Zoning Map would be amended from Residential Medium Density (MF) to Professional Office (PO). Mike Spence, Land Use Attorney, discussed a number of problems he felt this issue contained, and believed it was enough cause for this item to be removed from the Agenda until the proper zoning is in place due to the violations of the Comprehensive Plan. Mr. Combs stated that he would provide Mr. Spence with a copy of the revised Comprehensive Plan & Rezone Amendments as he offered to meet with him to go over his concerns prior to the Council making a final decision on this issue. Paul Mazzuchi, Vice Chairman of Transportation Management Services, along with Gene Lobe, Chairman of Transportation Management Services, refereed to the previous comments of Mr. Spence and agreed that this has been a confusing issue. He further discussed the history of the specific problems they have had with the interpretation of the zoning ordinance regarding the construction of a parking lot, and issues with their request for a Comprehensive Plan Amendment. However, he TAPE #1792 City Council Reg. Mtg. Minutes September 12, 2001 Page 5 of 5 believes that one issue has nothing to do with the other, and so did not agree that this issue should be removed from the Agenda. Mr. Hugo responded that his staff has worked cooperatively with Mr. Spence, and even though the Department was shod staffed at the time, they still worked diligently to get the requested information to him. He did agree there was confusion throughout the application process because some people had trouble keeping the two applications separate. He offered to work with the City Attorney to review the file. Carlos Montgomery again expressed his concern that this appeared to be more "spot zoning" to accommodate General Business in a strictly residential area. He again cautioned the City not to "piece meal" the Comprehensive Plan. (3) PLO0-O024, DOWNTOWN DEVELOPMENT POLICY ADDIT/ONS TO CBD ELEMENT OF COMPREHENSIVE PLAN AMENDMENT (CITY OF BREMERTON) Mr. Hugo showed visuals while summarizing the Staff Report and Findings & Conclusions. The Downtown Development Goals and Polices are proposed additions to the Central Business District Sub-area Plan of the Central Bremerton Sector of the Land use Element of the Bremerton Comprehensive Plan. The associated draft Illustrative Plan map is also proposed for adoption as a guide to downtown development. There were no questions or comments from the public. Mr. Shepherd requested a copy of the "Downtown Bremerton Goals & Policies" and the map. No action is required at this time - The City Planning Commission has forwarded all three proposed amendments to the Council with a recommendation for approval. However, the Council will not make any final decisions on these individual proposals until the entire 2000-2001 Docket of Proposed Amendments has been heard, in order to maintain consideration of their cumulative effect throughout the process. With the conclusion of regular Council business, the Council meeting was adjourned at 7:10 P.M. Prepared and Submitted by: LORI SMITH, Legislative Assistant Attest: PAULA JOHNSTON, Deputy City Clerk JOHN LAW, City Council President City of Bremerton JL/PJ/Is/cge c: Normal Distribution; File AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: FOR AGENDA OF: September 2f~, 2001 Contract Award - Janitorial Services ORIGINATING DEPT: Public Works & Utilities ORIGINATOR: W. Hamilton, Util. Ops Mgr ~V~''~ DATE SUBMITTED: September 4, 2001 Director PW&U d('~'~ "~ J 1. Bid Tabulation Sheet City Attorney ~ ~ 2. Janitorial Services Bid Comparisons City Clerk/Dir Admin Svcs °~,'<,'~NxL~_~L~ '" 3. Bid Proposal from Golden Globe City Treasurer Purchasing Manager Operations Committee Fiscal & Budget Comm. ENDORSEMENT X INFORMATION ~ APPROVED BY COUNCIL PRESIDENT FOR SUBMITFAL: 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNC4L~~N: Bids were received for Janitorial Services on August 10, 2001. Four (4) bids were received for these services. the tow bidder was Golden Globe Janitorial Service bom Silverdale, WA. The Department of Public Works & Utilities, Facilities Division requests Council approval of thc bid award and contract award to Golden Globe in thc amount shown in exh~oit (1). This approval is for a two-year period commencing September 20, 2001 thru September 19, 2003. 8. RECOMMENDATION: ~.--r!m-t *~.e C-'-W Ce"-nca approve the janitorial services award to Golden Globe Janitorial Service in the amount of $8,923.87 per month for a period of two years and authorize the Mayor to execute such award subject to current City administrative policies and procedures. 9. RESPONSIBLE OFFICIAL: Utilities Operations Manaer ENFORCEMENT OFFICIAL: City Purchasing Manager EXPIRATION DATE: September 19, 2003 REVIEW DATE: N/A 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED AMENDED COUNCIL DIRECTIVE: DATE:~ 11. AGENDA BILL NO: ~'/- .~ [" 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: The City would be without janitorial services. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER RESOURCES: No impact on staffing. Funds will be budgeted for the proposed two year contract. There is no impact on City facilities or City equipment. 7. RESEARCH SOURCES: {~970122_1.ab} CITY OF BREMERTON BID TABULATION BiD BOND BIDDER ~Ec-o ITEM 1 ITEM 2 ITEM 3 I-fEjq 4 ITEM 5 NET BID TAX TOTAL JANITORIAL SERVICES BID COMPARISONS MONTHLY NET BID 1. Golden Globe 8,923.87 2. Class Act Janitorial 12,497.88 3. Tacoma Goodwill 16,401.00 4. True Service 19,307.36 PRICE PER SQUARE FOOT 1. Golden Globe 0.0726 2. Class Act Janitorial 0.1312 3. Tacoma Goodwill 0.15 4. True Service 0.24 ON-SITE SUPERVISION 1. True Service 100% 2. Tacoma Goodwill 80% 3. Class Act Janitorial 18% 4. Golden Globe 10% ll:/wordfmmtner/2001 Janitorial Services JANITORIAL SERVICES PROPOSAL FORM Date: 8- 8- 01 To the City Council and City Clerk, City of Bremerton In accordance with your department, plans and specifications as listed and on file in the office of the City Clerk, the undersigned Go~_den Globe Janitor'ial (Company Name) hereby agrees to provide janitorial services for a two (2) year period. Beginning 2001 as follows: 1. City Hall, 239 4,, Street $ 2471.98 Per Month 2. Permit Center, 286 4"' Street ~ $ 629.42 Per Month 3. Fire Station #1 Admin, 817 Pacific Ave. $ 119.41 Per Month 4. Downtown Library, 612 5"' Street $ 19 o. 73 Per Month 5. Police Patrol Div. 4846 Auto Center Way $ 206. ? 3 Per Month 6. Senior Center, 1140 NipsicAve. $ 286.85 Per Month 7. Parks Department, 680 Lebo Blvd. $ 2591.8 9 Per Month 8. Glenn Jarstad Aquatic Center, 50 Magnuson Dr. $ 1101.81 Per Month 9. Public Works & Utilities Operations, $ 371.68 Per Month 100 Oyster Bay Ave. 10. Equipment Services Div., 100 Oyster Bay Ave. $98.22 Per Month 11. Public Works & Utilities Admin., $ 746.42 Per Month 3027 Olympus Dr. 12. Forestry Division, 4398 W. Old Belfair Hwy. $ z 08.73 Per Month TOTAL ..................................................................... $ 8923.87 Per Month (Price does not include tax) Eight thousand nine hundred twenty three dollars and eighty seven cents Total Monthly Amount Written 7/1312001 City of Bremerton - Jal%l 28 $ 0.0 7 2 6 Price Per Square Foot (Performance Inslruc6ons 111.7.) Prices quoted include all cleaning supplies, materials and equipment: All rest room and kitchen supplies appropriate to existing fixtures. Please indicate that portion of proposed monthly contract amount that is set aside for supplies. $ 15 2 5.5 8 Per Month. Please indicate prevailing wage used in calculating service rates. (Attach a separate sheet) Please indicate what percentage of proposed contract amount represents on-site supervision. 10 %. 7/13/2001 Cit~ of Bremerton - Janitorial 29 AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: Professional Services FOR AGENDA OF: September 26, 2001 Agreement Amendment - Olsen & ORIGINATING DEPT: Risk Manaqement~ Olsen ORIGINATOR: Peggy Lesser DATE SUBMITTED: September 10, 2001 2. CLEARANCES: (comment on back 3. EXHIBITS: if ne~ar~ Professional Services Loren Combs ~--~~ '/ Agreement - Olsen & Olsen Fiscal & Budget /~/-~, ~,~_~/ Operatmons ~/z~ Z~_~~~ ENDORSEMENT~ ~.F~MA~ION APPROVED BY COUNCIL PRESID~FOR SUBMITTAL: MAYOR ~ . COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: Olsen & Olsen has been providing various legal services to Bremerton since December 2000. Four tort actions have been resolved by this firm and three others remain active. Additional expenditure authority will be necessary to resolve those matters. 8. RECOMMENDATION: Motion to approve the amendment to the professional services agreement with Olsen & Olsen for an additional amount of $50,000 with a total not-to-exceed contract amount of $99,950. 9. RESPONSIBLE OFFICIAL: Executive ENFORCEMENT OFFICIAL: EXPIRATION DATE: 12/31/02 REVIEW DATE: 12/31/02 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED t0B COUNCIL DIRECTIVE: DATE: 11. AGENDA BILL NO: 0[~ c~/[ 2. CLEARANCE COMMENTS (cont.): 4. SUMMARY STATEMENT (cont.): 5. IMPACT ON NON-PASSAGE: Impaired ability to defend the City during litigation. 6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES Funds for defense of tort actions can be found in the Risk Management Fund and in the Legal Departments' budget. Budget adjustments may become necessary. 7. RESEARCH SOURCES PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Amendment This agreement is by and between the City of Bremerton (hereinafter "City") and Olsen & Olsen, (hereinafter "Retained Counsel"). WITNESSETH: WHEREAS, the parties entered into a professional services agreement for legal services to be provided to the City by Retained Counsel in an amount not to exceed Forty~nine Thousand Nine Hundred Fifty and No/100 Dollars ($49,950.00); and WHEREAS, the parties wish to amend the agreement to provide for additional services required for ongoing litigation in the additional amount of Fifty Thousand and No/100 Dollars ($50,000.00); NOW, THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: Section 111. "Compensation" is amended to read: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in a total amount not to exceed Ninety- nine Thousand Nine Hundred Fifty and No/100 Dollars ($99,950.00). Payment will be based on an hourly rate not to exceed $175.00 per hour. All other terms and conditions of the parties Professional Services Agreement as amended on June 6, 2001 shall remain in full force and effect unless inconsistent with this agreement. Dated this day of ,2001. CITY OF BREMERTON OLSEN & OLSEN By: By: LYNN S. HORTON, Mayor STEVEN L. OLSEN APPROVED AS TO FORM: LOREN COMBS Interim City Attorney RECEIVED FOR FILING: KATHLEEN McCLUSKEY, City Clerk /¢ PROFESSIONAL SERVICES AGREEMENT OLSEN & OLSEN The City of Bremerton ("City") and Olsen & Olsen ("Retained Counsel"), referred to collectively as the "Parties", enter into the following Agreement for professional services: I. Scope: The Retained Counsel will represent the City of Bremerton on an as needed basis in matters related to municipal government services. II. Term: This Agreement commences on December 8, 2000 and terminates on December 31, 2001. III. Compensation: In consideration of the services provided pursuant to this Agreement, The City shall pay Retained Counsel in a total amount not to exceed Nineteen Thousand Nine Hundred Fifty and No/100 Dollars ($19,950.00). Payment will be made based on an houdy rate not to exceed $175.00 per hour. IV. Hold Harmless: Retained Counsel shall be solely responsible for the acts and failures to act of its personnel which arise in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits arising or alleged to have adsen, in whole or in part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Retained Counsel have specifically negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to adse solely from the acts or failures to act of the City. V. General Conditions: A. Reports and Information: When requested by the Mayor or a Bremerton Assistant Attorney, Retained Counsel shall furnish pedodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. B. Entire Agreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by OLSEN & OLSEN 12./8/00 - Page 1 /7 both Parties. E. Notices: Notices shall be in wdting and delivered to the following addresses: Lynn Horton Steven L. Olsen Mayor Qlsen & Olsen 239 Fourth Street 316 Ericksen NE Bremerton, WA 98337 Bainbridge Island, WA 98110 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any dght or power adsing out of this Agreement shall not be deemed waiver of any other dght or power. G. Compliancewith Laws: Retained Counsel shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes adsing out of this Agreement shall be brought in Kitsap County Supedor Court. I. Attorneys' Fees: The substantially prevailing Party in any litigation adsing out of this Agreement shall be entitled to its reasonable attorneys' fees and court costs. VI. Nondiscrimination: Retained Counsel shall not discriminate in employment or services to the public on the basis of race, color national odgin, sex, religion, age, madtal status, or disability, except for employment actions based on bona fide occupational qualification. CITY OF BREMERTON OLSEN & OLSEN By: Lynn S. Horton, Mayor ,,~ I~y: _~ ~ ,.,- ~.-, © Is ~ ~ OLSEN & OLSEN 12/8100 - Page 2 PROFESSIONAL SERVICES AGREEMENT Retained Counsel Services - Amendment This agreement is by and between the City of Bremerton (hereinafter "City") and Olsen & Olsem (hereinafter "Retained Counsel"). WITNESSETH: WHEREAS, on December 8, 2000 the parties entered into a professional services agreement for legal services to be provided to the City by Retained Counsel in the amount not to exceed Nineteen Thousand Nine Hundred Fifty and No/100 Dollars ($19,950.00); and WHEREAS, the parties wish to amend the agreement to extend its term and to provide for additional services required for ongoing litigation in the additional amount of Thirty Thousand and No/100 Dollars ($30,000.00); NOW, THEREFORE, in consideration of the mutual covenant hereinafter stated, the parties hereto agree as follows: Section II. "Term" is amended to read: This agreement commences on December 8, 2000 and terminates on December 31, 2002. Section III. "Compensation" is amended to read: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel in a total amount not to exceed Forty- nine Thousand Nine Hundred Fifty and No/100 Dollars ($49,950.00). Payment will be based on an hourly rate not to exceed $175.00 per hour. All other terms and conditions of the parities December 8, 2000 Professional Services Agreement shall remain in full force and effect unless inconsistent with this agreement. Dated this ~, day of ~ ,200l. CITY OF BREMERTON OLSEN & OLSEN S. HORTON, Mayor ,. ........ /8/TEVEN L. OLSEN APPROVED AS TO FORM: DAVID B ST PIERRE Assistant City Attorney RECEIVED FOR FILING: KATHLEEN McCLUSKEY, City Clerk AGENDA BILL BREMERTON CITY COUNCIL 1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: September 26, 2001 2002 - 2007 SIX-YEAR TRANSPORTATION ORIGINATING DEPT: PW&U Engineering Div. IMPROVEMENT PLAN ORIGINATOR: Jennifer Strehler, City Enginee~' DATE SUBMITTED: September 10, 2001 ~"" -- 2. CLEARANCES:(commentonbac~,nec~ b' 3. EXHIBITS Director, Public Works/Utilities [/~ A. Six-Year Transportation Improvement Plan. City Attorney - ~~ B. Ordinance # City Treasurer '--'.~ ~'~. ~ Director, Community Development fi/J/ii Council Budget & Finance Committee Operations Committee _/"~_,z.~ MAYOR '.~.?~..7 '~- COUNCIL PRESIDENT 4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION: The Six-Year Transportation Improvement Plan is prepared pursuant to RCW 35.77.010 and RCW 36.81.121. The Plan is updated annually and filed with the Secretary of Transportation, Department of Transportation, Local Programs Office. It is intended as a planning tool for the local, State and Federal transportation funding entities. The attached plan has been prepared for City Council approval by Ordinance and will be submitted to the Washington State Department of Transportation. 8. RECOMMENDATION: A. Motion to ~ the attached Ordinance, which approves the City's 2002-2007 Six-Year Transportation Improvement Proof, ~a[n~, upon first reading. B. Motion to ~ Ordinance # ., which approves the City's 2002-2007 Six-Year Transportation Improvement Program, and direct the Mayor to forward the Ordinance and Plan to the Department of Transportation, Local Programs Office. 9. RESPONSIBLE OFFICIAL: City Engineer ENFORCEMENT OFFICIAL: N/A EXPIRATION DATE: REVIEW DATE: 10. NOTICE OF ACTION PULLED TABLED APPROVED DISAPPROVED ~~___ COUNCIL DIRECTIVE DATt:~_ Il. AGENDA BILL NO: 2. CLEARANCE COMMENTS: 5. IMPACT ON NON-PASSAGE: Annual adoption of a Six-Year Transportation Improvement Plan for the City is required by State law and is a requirement to receive certain State and Federal Transportation funds. Non-passage would violate the law and jeopardize funding. 6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES: 7. RESEARCH SOURCES ab, Agenda Bills 2001, Six Yr TIP 2002 - 2007 ORDINANCE NO. AN ORDINANCE relating to the 2002 - 2007 Six-Year Transportation Improvement Plan. Whereas, the City of Bremerton has reviewed the work accomplished under its Comprehensive Arterial Street Construction Program and determined current City street needs; and, Whereas, the City Council caused to be prepared a revised and extended Six- Year Transportation Improvement Plan for the period of January 1, 2002, to December 31,2007, and after public hearing thereon approved the same; NOW, THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN: Section 1. That the revised and extended Six-Year Transportation Improvement Plan 2002-2007 is hereby adopted for the period of January 1, 2002, to December 31,2007. Section 2. Effective Date. This ordinance shall become effective ten days after passage and publication. APPROVED by the City Council of the City of Bremerton this day of ,2001. PASSED by the City Council of the City of Bremerton this day of ,2001. JOHN E. LAW, Council President APPROVED by this day of ,2001. LYNN HORTON, Mayor ATTEST: KATHLEEN McCLUSKEY, City Clerk ~ Washington State Department of Transportation .- Six Year Transportation Improvement Program Agency:Bremerton From 2002 to 2007 Co. No.: 18 Co. Name: Kitsap Co. Hearing Date: Adoption Date: City No.: 0115 MPOIRTPO: PSRC Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded ~ -~ ~ Fund Source Information Expenditure Schedule Projects Only A. Federal Aid No. B. Bridge No. ~ ~ .~ ~ ~ ~ (Local Agency) m Federal Funding P, JW ~ ~ .~'~ C. Project Title > ~. ~ e, ~ hz: Required ~ ~ ,_ = D. StreetJRoad Name or Number ~- ~ Phase Federal Federal State 4th ,.= Q- Z E. Beginning MP or road - Ending MP or road E ~. ~ ~ State Local Total Envir. Date - .~, Start Fund Cost by Fund 1st 2nd 3rd Thru Type (MM/YY) F. Describe Work to be Done ~- (mrn/dd/yyyy) Code Phase Code Funds Funds, Funds 6th 1 2 J 3 4 5 6 7 8 9 10 11 12 13 14 I 15 16 17 18 19 20 21 14 1 STPF-0304(00a) 03 p 1.59 C RPwE 6/5/2000 STP 734 TPPt 114J J a48 200j 3001 12 ElS SR304 TiP - Downtown/Navy Highway Phase 04. S 6/5/2000 STP 4237 OTHER I 5148J 867 j 10252 J 2385 j 2932J Yes O6 G from: Ferry Terminal/Porter St to: Bu~vetl StJSR 3 07 P HOV improvements, widening, reconstruction, overlay, signal and lighting T W Totals 4971 5262 867 11100 2585 3232 12 14 2 04 p .29 C CNI 2/1/2002 t I J WSDOTI 34151 I 3415l 34151 I I ElS ~ SR304 TIP - Stage lC - Navy Yard Hw¥ Phase 07 G Yes SR304 06 P ~ from: Porter St to: Charleston Beach Road 03 S HOV improvements, oveday, widening, reconstruction, signal and lighting T W Totals 3415 3415 3415 14 3 06 p 0.40 C CN I 2/1/2003 I I I WSDOTI 10631 I 10631 I 10631 I ElS SR304 TIP - Stage 1E - Downtown Phase 07 G Yes from: Burwell Street to: Bremerton Ferry Terminal T Resurfacing. street lighting, signal and sign modifications W Totals .1063 1063 1063 14 4 03 p .9 C CNI 2/1/2004 I I ]WSDOTI 42201 I 4220l I i 42201 ElS SR 304 TIP - Stage ID - Charleston Beach Road Phase 04 G Yes from; Charleston Beach Rd to: SR 3 07 S HOV improvements, overlay, widening, reconstruction T W Totals 4220 4220 422o Report Date: August 24, 2001 Page 1 Supersedes previous editions ~ Washington State Department of TransportationSix Year Transportation Improvement Program Agency: Bremerton From 2002 to 2007 Co. No.: 18 Co. Name: Kitsap Co. Hearing Date: Adoption Date: City No.: 0115 MPOIRTPO: PSRC Amend Date: Resolution No.: Project identification Project Costs in Thousands of Dollars Federally Funded A. Federal Aid No. B. Bridge No. ~ E ~ Fund Source Information Expenditure Schedule Projects Only E ~ ~ ~ ~ ~ (Local Agency) ~>' ~ C. Project Title ~ ~ ~ RAN · -~ ~ '~ '~ ' o~, - ~,>, n~ Federal Funding ~ ~ .~. = D. Street/Road Name or Number ~.~- ~ ~ .=_ ~ Phase Federal Federal State 4th Required ,? n Z E. Beginning MP or road Ending MP or road E ~. State Local Total Envir. Date - _ ~ e Start Fund Cost by Fund 1st 2nd 3rd Thru '~' (mm/dd/yyyy) Code Phase Code Funds Funds Funds Type (MM/YY) F. Describe Work to be Done A- 6th 1 2 3 4 5 6 7 8 J 9 10 11 12 13 14 I 15 I6 17 18 19 20 21 14 5. S 2.8 C PEI 1/1/2002 j I IOTHER I I 1500 1500 100I 2501 4001 750 SR 303 Bremerton to Silverdale Transportation Corridor G SR 303 P from: Bur~vel[ St to: Riddetl m Implement recommendations of SR 303 Corddor Study W Totals 1500 1500 100 250 400 750 19 6 07 S IALLI 1/1/2002 I I t I I 10801 10801 1801 1801 1801 540 Miscellaneous (Local Program Support) 06 City Wide ,~ from: N/A to: N/A ~ Projects to improve safety and operations Totals 1080 1080 180 180 180 540 1 7 7 05 p 0.2 S PE 1/1/2002 OTHER I 721 181 90l 18 I 721 360 Auto Center Way Improvements 06 CN 1/1/2004 OTHER I 2881 721 360 I Auto Center Way 07 from: Bruen Ave to: SR 3 onramp 12 Widen roadway to provide dedicated turn lane for SR 3 onramp Totals 360 90 450 18 72 360 17 8 05 p .3 PE 11112002 OTHERI 1201 301 1501 501 1001 Arsenal Way/Marion Ave. Safety Improvements 06 CN 1/1/2003 OTHER I 5001 1201 6201 I I 620 Arsenal Way/Marion Ave. 07 from: Loxie Eagans Blvd to: 1st St. 12 Safe['/improvements including curb and gutter, sidwalks, lighting, roadway widening, and intemection improvements Totals 620 150 770 50 100 620 Report Date: August 24, 2001 Page 2 Supersedes previous editions ~ Washington State Department of Transportation .- Six Year Transportation Improvement Program Agency: Breme~on From 2002 to 2007 Co. No.: 18 Co. Name: Kitsap Co. Hearing Date: Adoption Date: City No.: 0115 MPO/RTPO: PSRC Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded Expenditure Schedule A. Federal Aid No. B. Bridge No. ~ ~ ~ Fund Source Information Projects Only E ~ § ~, ~ ~ (Local Agency) C. Project Title ~ ~.~ u ~ Federal Funding PJW _c o ._ E D. Street/Road Name or Number ~.~- ~ '~ = - Phase Federal Federal State 4th ~- :~ E. Beginning MP or road Ending MP or road E ~ 5 ~ State Local Total Envir. Date - - ~- '~ Start Fund Cost by Fund 1st 2nd 3rd Thru '~' Funds Funds Funds Type F. Describe Work to be Done ~- (mm/dd/yyyy) Code Phase Code t 6th 1 2 3 4 5 6 7 8 I 9 10 11 12 13 14 ; 15 16 17 18 19 20 21 0,2 PE /1/2003 40I I i 40401 I 00 9 01 P //~/ Construct Warren Ave. Off-ramp 12 CN 1/1/2003 STP I I I 961 961 I No 96 Warren Avenue from: Sheddan Ave to: Callahan Drive Future project for access considerations Totals 136 136 136 1410 12 P ,15 ~ 1/1/2003 AlP[ 192{ 48!240' ,240{1200 RW 1/1/2003 AlP t 401 10 i 50 ] I 50 t Lower Wheaton Way Realignment 02 1/1/2004 AlP I 9601 240 i 12001 I //~'~ ,._~ Wheaton Way r ~~.~ from: Callahan Dr to: Sheddan Rd ~, ] ~ Realign Wheaten Way to north south configuration Totals 1192 298 1490 290 1200 14 11 04 p PEI 1/1/2007 ] STP(U) [ 320] { J 801 400] I I ] 400 ElS  Kitsap Way - SR 310 12 Yes Kitsap Way (SR 310) 06 from: to: Widen fo 7 lanes, provide intersection improvements Totals 320 80 400 400 14 12 01 p i RPwE ~/1/2002 I I 3600i 36001 12001 120O1 1200 ElS ./ Wemer Road Extension 1/1/2006 I I 36001 36001 I t 3600 Yes Werner Road from: to: Extend Wemer Read from SR 3 to Port Blakely T~e-ln Totals 7200 7200 1200 1200 1200 3600 Grand Totals for Bremerton 5427 16132 11265 32824 7684 6387 7572 5910 Report Date: August 24, 2001 Page 3 Supersedes previous editions '~' Six Year Transportation Improvement Program  Washington State Department of Transportation Agency: Bremerton From 2002 to 2007 Co. No.: 18 Co. Name: Kitsap Co. Hearing Date: Adoption Date: City No.: 0115 MPO/RTPO: PSRC Amend Date: Resolution No.: Project Identification Project Costs in Thousands of Dollars Federally Funded Expenditure Schedule Projects Only A. Federal Aid No. B. Bridge No. ~ , ~ Fund Source Information · ~ § ~= ~ ~ (LocalAgency) -~' ~ C. Project Title ~ ~. .~ _~ (~ (~ Federal Funding R/W ~ .r- .~ - ,~' ~ Required '- D. StreetJRoad Name or Number ~.~ ~ '~ = - Phase Federal Federal State 4th ~,-,-z~ E ~6 ~, ~ State Local Total Envir. Date ,,= E. Beginning MP or road - Ending MP or road ~- Start Fund Cost by Fund 1st 2nd 3rd Thru Type (MM/YY) -- '~' rnm/dd/yyyy) Code Phase Code Funds Funds Funds 6th F. Describe Work to be Done 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 1.5g 0 6/5/2000 STP TPPI 1141 200 3001 12 SR304 TIP - Downtown/Navy Highway Phase 04 S 6/5/2000 STP OTHER I 51481 8671 102521 23851 29321 Yes 06 G from: Ferry Terminal/Porter St to: Burwell St/SR 3 07 P HOV improvements, widening, reconstruction, oveday, signal and lighting T W Totals 4971 5262 867 11100 2585 3232 12 14 2 04 p .29 C CE I 2/1/2002 I I I WSDOTI 34151 I 34151 ~151 =I ElS SR304 TIP - Stage lC - Navy Yard Hwy Phase 07 G Yes SR 304 06 P ~_.~.) from: Porter St to: Charleston Beach Road 03 S ~ HOV improvements, oveday, widening, reconstruction, signal and lighting T W Totals 3415 3415 3415 14 3 06 p 0.40 C CN I 2/1/2003 I I [WSDOTI 10631 I 10631 I 10631 I ElS SR304 TIP - Stage 1E - Downtown Phase 07 G Yes SR 304 P from: Burwel~ Street to: Bremerton Ferry Terminal T Resu~acing, street lighting, signal and sign modifications W Totals 1063 1063 1063 14 4 03 p .9 C CNI 2/1/2004 I I I WSDOTI 42201 I 42201 I I 42201 ElS SR 304 TIP - Stage 1D - Charleston Beach Road Phase 04 G Yes SR 3O4 06 P from: Charleston Beach Rd to: SR 3 07 S HOV Improvements, oveday, widening, reconstruction m W Totals 4220 4220 4220 Report Date: August 24, 2001 Page 1 Supersedes previous editions