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09/21/2011 AGENDA
w '1 CITY COUNCIL 345 6 Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280 ** *AMENDED * ** SEPTEMBER 21, 2011 CITY COUNCIL MEETING AGENDA 1 BRIEFING 5 00 — 5 30 P M in COUNCIL CONFERENCE ROOM 603 A General Council Business 2 CALL TO ORDER 5 30 P M in FIRST FLOOR CHAMBERS A Pledge of Allegiance B Invocation 3 MAYOR'S REPORT 4 PUBLIC RECOGNITION 5 CONSENT AGENDA A Claims & Check Register B Minutes of Meeting — September 7, 2011 C Minutes of Study Session — September 14, 2011 D Bremerton Kdsap Access Television (BKAT) Service Contract with Kitsap County E Contract Award to Valmont Industries, Inc for installation of 100 -foot self supporting radio tower at 100 Oyster Bay Avenue F Revision of Service and Easement with Puget Sound Energy (PSE) for Warehouse Building at 100 Oyster Bay Avenue G Appointment of Samantha Helnrichs to the Lodging Tax Advisory Committee 6 GENERAL BUSINESS A Resolution No 3152 supporting the development of the Youth Wellness Campus B Ordinance No 5162 adopting the amended proposal modifying the Bremerton City Council District Boundaries (the Public Heanng was held on September 7, 2011) C Resolution No 3151 approving one -way traffic and angle parking on 5"' Street between Pacific and Washington Avenues 7 COUNCIL MEMBER REPORTS 8 EXECUTIVE SESSION —A 15- minute Executive Session will be held to discuss "Pending Litigation" per RCW 42 30 110(1)(1) No action is anticipated 9 ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Amencans with Disabilities Act (ADA) accommodations provided upon request Those requinng special accommodations should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting National Environmental il- Nat ional Public Lands Da Education Foundation Y A National F6l s €ranmentat Edu=ton Fomsiattan Progrem Knowledge to We by , PROCLAMATION Whereas America's system of public lands includes parks, unique landscapes, forests, wildlife refuges, historic trails, natural streams and wetlands, nature centers, gardens and other landmark areas throughout the nation that individually and collectively represent irreplaceable national resources, and Whereas: Public lands provide locally accessible natural and cultural resources for environmental learning, wildlife appreciation and recreation, and Whereas Public lands promote civic ideals that include shared stewardship and recognition of public ownership, and Whereas Shared stewardship requires the goodwill, cooperation and active support of citizens, community, city and state officials, business leaders, children and adults, and Whereas. Recreation opportunities offered by public lands help families lead a more active lifestyle and reduce the incidence of childhood obesity, and Whereas Land conservation efforts improve access to public lands by urban residents and work to break down the barriers that prevent Americans from actively utilizing their public lands; and Whereas An alliance between private citizens, land managers and community leaders improves the condition of publicly held lands for the greater enjoyment and enrichment of all Americans, and Whereas: National Public Lands Day, co- sponsored by the National Environmental Education Foundation, the Bureau of Land Management, the Bureau of Reclamation, the Department of Defense, the Environmental Protection Agency, the National Park Service, U.S Army Corps of Engineers, the U S Fish and Wildlife Service and the USDA Forest Service, has become an annually anticipated event for local participation on publicly held lands in Bremerton NOW, THEREFORE, I Patty Lent, Mayor of the City of Bremerton, do hereby proclaim September 24, 2011 as National Public Lands Day and call upon the people of Bremerton to recognize and participate in this special observance BREMERTON CITY COUNCIL MEETING SPEAKERS LIST PLEASE PRINT YOUR NAME BELOW IF YOU WISH YOUR COMMENTS TO BE INCLUDED IN THE RECORD �s�K J�r! REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU eo UdUbl /11 at 1G Ud KUPJJKUIVINCK vc U4 (Shit Kuyayf i ul lcViewer v1 4 0 6 Kitsap County PY-L)V; dt t Daily Total Speeds Report '� t.ocatlon• 2461 Northlake Way �a >c Sta I, pl, U nit ID 4 Study Date Sunday -August 28, 2011 /Monday -August 29, 2011 Posted Speed 35 Time 5-14 15.19 20 -24 25-29 30-34 35.39 40-44 45.49 50 55 604A 6549 70 - 74 75 80 - 99 Total 10 00 -10 59 4 1 5 2 13 113 98 20 3 0 0 0 0 0 0 259 11 00 -11 59 5 2 1 4 37 127 127 11 0 1 0 0 0 0 0 315 1200-1259 5 6 3 4 31 136 100 38 6 0 0 0 0 0 0 329 13 00 -13 59 5 5 3 3 28 141 139 37 5 0 0 0 0 0 0 366 14 00 -14 59 6 2 5 8 30 147 125 29 3 1 0 0 0 0 0 356 1500-1659 3 3 5 - 2 26 142 126 28 2 1 0 0 0 0 0 338 16 00 -16 59 1 2 2 3 48 155 104 19 2 1 0 0 0 0 0 337 17 00 -17 59 6 3 4 8 32 158 121 28 4 1 0 0 0 0 0 365 18 00 -18 59 6 8 2 9 39 135 75 17 0 1 0 0 0 0 0 292 19 00 -19 59 5 5 0 8 32 125 90 15 1 1 0 0 0 0 0 282 2000-2059 3 4 3 2 42 121 51 5 0 0 0 0 0 0 0 231 21 00-2159 1 1 0 9 19 58 38 5 2 2 0 0 0 0 0 135 2200 2 0 0 2 15 44 21 4 2 0 1 0 0 0 0 91 2300 -2359 0 0 0 0 6 13 14 3 2 0 0 0 0 0 0 38 0000-0059 0 0 0 1 8 10 12 7 0 0 0 0 0 0 0 38 01 00-01 59 0 0 0 1 5 7 7 3 1 1 1 1 0 0 0 27 0200 -0259 0 0 0 3 1 6 3 1 0 0 0 0 0 0 1 15 0300-0359 1 0 0 1 3 9 8 0 0 0 0 0 0 0 0 22 0400-0459 0 0 0 2 9 42 22 3 2 0 0 0 0 0 0 80 0500-0559 1 0 2 1 27 109 75 3 0 0 0 0 0 0 0 218 0600-0659 3 1 0 5 70 186 59 2 3 0 0 0 0 0 0 329 0700-0759 10 2 1 5 47 175 74 6 0 0 0 0 0 0 0 320 0800-0859 12 1 11 11 56 140 58_ 3 0 1 0 0 0 0 0 293 0900-0959 8 3 2 6 42 157 55 14 0 0 0 0 0 0 0 287 tats 87 49 49 100 666 2456 1602 301 38 11 2 1 0 0 1 5363 rcent of Totals 1 0 0 1 12 45 29 5 0 0 0 0 0 0 0 100 rcent of AM 0 0 0 0 5 20 11 1 0 0 0 0 0 0 0 41 rcent of PM 0 0 0 1 6 25 18 4 0 0 0 0 0 0 0 58 Standard Deviation 619 Ten Mlle Pace 35 to 44 85th Percentile 4359 Mean Speed 3815 Percent in Ten Mile Pace 7567 Median Speed 5000 15th Percentile 3390 Modal Speed 3852 90th Percentile 4443 95th Percentile 4641 4AFFIC1Traffic Counts\ADT Counts7raffic ViewerlData 1112461 Northlake Way tvd Page 15 of 15 AGENDA BILL CITY OF BREMERTON 0 6A CITY COUNCIL •• rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrsrrrri SUBJECT: Claims & Check Register Study Session Date COUNCIL MEETING Date September 21, 2011 Department Financial Services Presenter Cathy Johnson Phone 473 -5296 SUMMARY: Consent Agenda item Approval of checks and electronic fund transfers ATTACHMENTS. FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION. 1) Check #'s 344876 through 345096 and EFT's 11208 through 11235 in the amount of $1,485,202 56 2) Regular Payroll for the pay period ending September 15, 2011 in the amount of $734,894 76 STUDY SESSION ACTION: ❑ C n ent Agenda El General Business El Public Hearing � COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 AGENDA BILL CITY OF BREMERTON CITY COUNCIL Soo ■■ ee eeeseeeeeeeeeeeeeeeeeeeeeeseeseeeeeseeseeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeee e � SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date S pr x. d2b 59-e XA6 r- 7 o l l Department City Council Presenter Will Maupm, President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS: N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent A ends ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT f` ' COUNCIL ACTION: ❑ Approve ❑ Deny Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL MEETING MINUTES September 7, 2011 The weekly meeting of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6 th Street, Bremerton, Washington, Wednesday, September 7, 2011, at 5 00 PM, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald City Attorney Roger Lubovich, City Clerk Carol Etgen, and Legislative Assistant Lori Smith were present to provide staff support A COUNCIL BRIEFING was then held to discuss General Council Business at 5 00 PM in the Council Conference Room At 5 30 PM the meeting moved to the Meeting Chambers The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation provided by USS Nimitz Command Chaplain Brent Johnson MAYOR'S REPORT — Mayor Lent • Welcomed Stuart Walton of the Washington Community Alliance for Self -Help (C A S H) Program to discuss the program's success, and invited the Mayor, Council, and Community to the "Shop, Meet, Celebrate Local Entrepreneurs In Bremerton" event scheduled on Thursday, October 20, 5 00 to 8 00 PM in the Communitas Building at 920 Park Avenue, • Introduced Collette Berna Parks & Recreation Department, to announce the Lions Park Grand Re- Opening Celebration on Friday, September 9 at 3 00 PM at 251 Lebo Boulevard, • Invited Scott Alexander to provide a PowerPoint@) presentation with highlights of the 64 Annual U S Junior Amateur Golf Championship held recently at Bremerton's Gold Mountain Golf Complex, • Proclaimed October 1, 2011 as Bremerton YMCA's Centennial Celebration Day, and invited the community to a celebration on Saturday, September 17 beginning at 9 00 AM, • Encouraged residents to participate in the Beautify Bremerton Day on Saturday, September 17 from 8 00 AM to 3 00 PM at the Public Works & Utilities Facility located at 3027 Olympus Drive or Evergreen Rotary Park, • Also on September 17 the Sinclair Inlet Clean -Up event will be held from 11 00 AM to 2 00 PM on the waterfront in both Bremerton and Port Orchard, • Proclaimed the Month of September 2011 as Community Health Care Awareness Month, presenting the proclamation to Joan Ferebee Bremerton NAACP President, • Reminded everyone to "drop, cover, and hold" during the Countywide Earthquake Drill to be held at 10 15 AM on Wednesday, September 21, • Reported on Bremerton's Ultraviolet Treatment (UV) Facility Ribbon Cutting event, • Enjoyed attending the Bay Vista Open House, • Proclaimed September 19 to 23, 2011 as Alzheimer's Awareness Week, presented the proclamation to Christopher Dattilio encouraged citizens to wear purple during this week to help bring awareness, and invited the public to attend the 2 nd Annual Alzheimer Awareness Silent Auction fundraiser on September 8 from 5 00 to 7 00 PM and the Remembrance Walk on September 17 beginning at 10 00 AM at Evergreen Rotary Park, • Attended the Smith Natural Play Park Open House at Kitsap Community Resources, • Proclaimed September 11, 2011 as a Day of Remembrance, and presented a proclamation to David Fergus and City Council Meeting Minutes Wednesday, September 7, 2011 Page 2 of 4 • Announced the 10 Anniversary Remembrance Ceremony will be held on Sunday, September 11, 2011 at Evergreen Rotary Park beginning at 10 00 AM and will include a memorial ceremony at Noon, Ground Breaking for the Kitsap 9/11 Memorial at 145 PM and a Sunset Flag Retirement ceremony at 6 30 PM PUBLIC RECOGNITION Sandy Reed of the Elks Lodge invited the community to honor the 9/11 first responders at the Lodge on Thursday, September 8 at 7 30 PM with Dave Fergus as the guest speaker Representatives of Manette Businesses including Rebecca Dove - Taylor Manette Saloon & Sidebar, Ruth Reese Manette Antiques, Pastor Ron Anderson Manette Community Church, and Kate Reid Kate's Jersey's Subs, explained they were feeling very isolated due to the closure of the Manette Bridge, and therefore asked the community for support It was also announced that Manette Fest would still take place this Saturday, September 10 from 10 00 AM to400PM Dave Fergus Rice, Fergus, Miller Architects, wanted to dispel rumors that they requested the City to make 5th Street one -way to increase parking, however, he did agree that it was better for 5 Street to be one -way CONSENT AGENDA A Check Numbers 344592 through 344875, and EFT -11151 through EFT -11207 in the amount of $2,961,920 51, Regular Payroll for the pay period ending August 15, 2011 in the amount of $731,860 63, Regular Payroll for the pay period ending August 31, 2011 in the amount of $766,683 17, Regular Payroll (Payout) for the pay period ending August 31, 2011 in the amount of $2,675 56, and Retiree Payroll for the pay period ending August 31, 2011 in the amount of $76,758 65 B Minutes of Meeting — August 17, 2011 C Minutes of Study Session — August 24, 2011 D Award of Janitorial Services Contract for City Facilities (State of Washington Contract #00508) to A -1 Performance, Inc E Purchase of replacement Total Work Station Survey Equipment for Engineering from Kuker - Rankin, Inc 06:29:05 M /S /C /U (Arends /Runyon) Move to approve the CONSENT AGENDA as presented PUBLIC HEARING 6A— ORDINANCE NO. 5161 VACATING PORTIONS OF THE ALLEY BETWEEN HEWITT & VENETA AVENUES, AND 4 1 H & 5 TH STREETS Gunnar Fridriksson Engineering, stated that the City of Bremerton initiated the vacation as part of the redevelopment of Kiwanis Park to incorporate the undeveloped alley between Hewitt & Veneta Avenues, and 4 & 5 Streets President Maup►n opened the Public Hearing With no comments from the public, he then closed the Public Hearing 06:31:16 Motion to approve the ordinance was made by Runyon, and seconded by Wofford There were no questions or comments from the Council 06:31:38 M /S /C /U (Runyon/Wofford) Move to approve Ordinance No 5161 to vacate portions of alley between Hewitt & Veneta Avenues, and 4 & 5 th Streets City Council Meeting Minutes Wednesday, September 7, 2011 Page 3 of 4 6B — ORDINANCE NO. 5162 TO ADOPT THE AMENDED PROPOSAL MODIFYING THE BREMERTON CITY COUNCIL DISTRICT BOUNDARIES Bill Eley Information Services Manager, explained that each decade, the U S Government conducts a census of the nation's population Following the census, City district boundaries are changed to reflect the current population with a view to provide the public, as far as possible, with equal City Council representation To formalize the new district boundaries, the City must hold a public hearing on the proposed boundaries and then adopt the related ordinance The ordinance can not be adopted for at least a week after the public hearing A public hearing on the initially proposed district boundaries was held on August 17, 2011 After public and Council comments, staff has developed a second proposal and does not require any further action until September 21, 2011, at which time the ordinance representing the second proposal will be present for formal adoption The new district boundaries information /maps are available on the City's website Again, if the public has objections to the new boundaries, they also have a 45 -day appeal process through Kitsap Superior Court after adoption of the ordinance President Maupin opened the Public Hearing Todd Best thanked the City Council for their new proposal to keep Forest Ridge Park and Council Member Carol Arends in District 7 Faye Flemister asked how the proposed changes would affect current Council Members residing in their districts Bill Eley explained that if the boundary changes moves a Council Member to a different district, that Council Member would represent his or her district until the changes go into effect in 2014 With no further comments from the public, President Maupin closed the Public Hearing, and opened discussion to the Council emphasizing that no action will be taken until the September 21, 2011 Council Meeting Roy Runyon asked Mr Eley to explain the criteria he used to modify the Council District boundaries Mr. Eley explained that boundaries typically follow geographical features such as streets, rivers or creeks, and property lines Grea Wheeler asked a question about Census Blocks to accomplish redistricting criteria Mr. Eley answered that the Census Blocks are areas containing population Will Maupin commended Bill Eley for keeping neighborhoods together since neighborhoods define the City, not districts President Maupin closed the Public Hearing, emphasizing that no action will be taken until the September 21, 2011 Council Meeting GENERAL BUSINESS — There are no General Business items tonight COUNCIL MEMBER REPORTS Jim McDonald will be attending the Grand Reopening of Lions Park and Kitsap 9/11 Memorial Remembrance Ceremony Cecil McConnell invited the public to attend the Western Washington Center for the Arts Gala & Fundraiser on September 10 at the Cedar Cove Inn located at 228 Seattle Avenue in Port Orchard City Council Meeting Minutes Wednesday, September 7, 2011 Page 4 of 4 Adam Brockus reiterated the events scheduled as part of the annual Manette Fest event that will be held this Saturday, September 10 from 10 00 AM to 4 00 PM Also, a YMCA fun run starts at 8 30 AM and a pancake breakfast starts at 9 00 AM Roy Runyon was pleased at the huge attendance at the Bremerton Blackberry Festival last weekend, announced "The Bremerton Party' will be held on Saturday, September 17 beginning at 6 00 PM at the Kitsap Conference Center with proceeds benefiting the Bremerton Foodime and East Bremerton Rotary charities, and announced the Petersen Farm Fall Fair is scheduled for Sunday, September 18 from 10 00 AM to 5 00 PM off of Trigger Avenue in Silverdale Greg Wheeler also attended the Smith Natural Play Park Open House at Kitsap Community Resources, attended the Grand Opening and Ribbon Cutting of the S T E M Academy at West Hills last night, and announced that a Own Your Own Home class will be offered on Saturday, September 24 from 8 30 AM to 2 30 PM at the Reid Real Estate Office located at 9564 Silverdale Way in Silverdale, Lastly, he hoped to see everyone attend the Kitsap 9/11 Remembrance Memorial this Sunday and notified the community that the boat launch would be closed that day Dianne Robinson reiterated information about the Beautify Bremerton event on Saturday, September 17, a Kitsap HIV /Aid Walk would also be held on Saturday, September 17, and announced that a Neighborhood Block Watch Captains Meeting will be held on Monday, September 12 beginning at 7 00 PM at Bremerton Police Department located on Burwell Street Carol Arends also encouraged the community to participate in the all -City Beautify Bremerton event, and mentioned that business owners in the Charleston Business District have already started projects to spruce up their area Nick Wofford encouraged attendees of the 9/11 Memorial event to car pool, and mentioned that Olympic College would be providing parking, announced that anyone who qualified should attend the Own Your Own Home class being offered on Saturday, September 24 from 8 30 AM to 2 30 PM at the Reid Real Estate Office located Silverdale, and reiterated that everyone should support businesses by buying local Will Maupin has found that buying local is cheaper than buying on -line, was pleased to see 80- degree weather during this year's Bremerton Blackberry Festival, looked forward to attending the upcoming Centennial Celebration of the Kitsap YMCA, and acknowledged that Manette businesses will struggle through the next couple months, but that a price sometimes must be paid for progress, and better things are to come With no further business, the Council Meeting was adjourned at 7 10 PM Prep red and Submitted b LORI SMITH Attest Legislative Assistant CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg i AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5 ■■ eeeeeeeeeeeeee eeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeeeeeeeeeeaeeeeseeeeeeeee eeeeeeee � SUBJECT: City Council Meeting Minutes For meeting of COUNCIL MEETING Date .2 ad 5+UA If Se 5 5 0 h Department City Council .5e f*i— :- mloer - 1'4 t D-0 11 Presenter - Will Maupin, President Phone (360) 473 -5280 SUMMARY: Attached is a summary of the City Council Meeting ATTACHMENTS: Meeting Minutes FISCAL IMPACTS: N/A APPROVALS: N/A RECOMMENDED MOTION: Move to approve the Consent Agenda as presented STUDY SESSION ACTION: Consent A enda ❑General Business El Public Hearing s COUNCIL PRESIDENT r' COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES September 14, 2011 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street, Bremerton, Washington, Wednesday, September 14, 2011, at 5 00 PM, with Council President Will Maupin presiding Council Members present were Nick Wofford, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam Brockus, Cecil McConnell, and Jim McDonald Legislative Assistant Lori Smith was present to provide staff support President Maupin emphasized that the Study Session was open to the public, however there would be no opportunities for input or participation, that no action will be taken, and the content of these items is subject to change A NO DISCUSSION PLANNED - The following items are budgeted items or have been reviewed by the appropnate Council Committee, and will be placed on the September 21, 2011 Council Meeting Agenda unless otherwise stated 1 Bremerton Kitsap Access Television (BKAT) Service Contract with Kitsap County — Charleen Burnette, Public Access Manager, Becky Hasart, Finance Director, and Nick Wofford, Finance Committee Chair Consent Agenda B FULL DISCUSSION ITEMS 2 Contract Award to Valmont Industries, Inc for installation of 100 -foot self supporting radio tower at 100 Oyster Bay Avenue — Gunnar Fridriksson, Engineering, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 3 Easement with Puget Sound Energy (PSE) for electrical vault at 100 Oyster Bay Avenue — Gunnar Fridriksson, Engineering, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair Consent Agenda 4 Proposed resolution approving one -way traffic and angle parking on 5 Street between Pacific and Washington Avenues — Gunnar Fridriksson, Engineering, Public Works & Utilities Department, and Jim McDonald, Public Works Committee Chair General Business 5 Approve Ordinance No 5162 adopting new City Council District Boundaries for the City of Bremerton based on the Year -2010 Census — Becky Hasart, Finance Director (Public Hearing was held September 7, 2011 ) General Business 6 Update on the Frances Haddon Morgan Center — Mayor Patty Lent (information only ) 7 Appointment of Samantha Heirinchs to the Lodging Tax Advisory Committee — Nick Wofford, Lodging Tax Advisory Committee Chair Consent Agenda C GENERAL COUNCIL BUSINESS Council Committee Chair reports were provided, and General Council Business was discussed President Maupin adjourned the Study Session at 6 25 PM City Council Study Session Minutes Wednesday, September 14, 2011 Page 2 of 2 Prepared and Submitt d by 06RI SMITH Legislative Assistant Attest CAROL ETGEN, City Clerk WILL MAUPIN, City Council President WMCEIscg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5D SUBJECT: BKAT Service Contract with Study Session Date September 14, 2011 Kitsap County COUNCIL MEETING Date September 21, 2011 Department Finance Presenter Charleen Bumette Phone 308 -0139 SUMMARY: The current service contract between Kitsap County and BKAT expires on December 31, 2011. The attached is a new proposed three year (2012 -2014) contract. Services provided by BKAT are similar to what is currently being provided which include. County Commissioner meetings, Hearing Examiner meetings, KRCC, Budget Hearings, Commissioner's Corner and up to six Department specific programs per year. ATTACHMENTS: Service Contract and Appendix A FISCAL IMPACTS (Include Budgeted Amount) $45,000 (billed quarterly) beginning in 2012. Each year the amount increases by 2% per year. APPROVALS: DEPARTMENT DIRECTOR q, CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to authorize the Mayor to finalize and execute the agreement between Kdsap County and BKAT with substantially the same terms and conditions as presented STUDY SESSION ACTION: X con t A nda ❑ General Business F1 Public Hearing COUNCIL PRESIDENT �—1 COUNCIL ACTION: ❑ Approve ❑ Deny ❑ able ❑ Continue ❑ No Action Form Updated 4/18/2011 Appendix A — Programming Broadcast Schedule Kitsap County Commissioners • Regular Meetings on the 1 St and 3` Monday air live • Recorded programming airs every Tuesday at 100 a m and 11.00 a m • Recorded programming airs 2nd and 4th Monday at 7 00 p m Kitsap County Hearing Examiner • Recorded programming airs every Wednesday at 12:00 p m Kitsap Regional Coordinating Council • Recorded programming for each meeting will air a minimum of (4) times. Because the dates of the meeting vary the airing schedule also varies When meeting dates are announced airing dates will be provided to the Kitsap County Coordinating Council and Kitsap County KC Budget Hearings • Each hearing will air a minimum of four times The exact dates and times for airing will be established prior to the beginning of the hearings Commissioner's Corner • Recorded programs air every Monday at 6.30 p m and every Tuesday at 2:00 p m Around Kitsap • Recorded programming airs every Monday at 6.00 p.m and every Tuesdays at 10:30 a m BREMERTON KITSAP ACCESS TELEVISION SERVICE CONTRACT KITSAP COUNTY This agreement is made and executed on this day of , 2011, by and between the City of Bremerton (hereinafter referred to as the "City ") who operates Bremerton Kitsap Access Television (hereinafter referred to as `BKAT" )and Kitsap County (hereinafter referred to as the-"County") who agree as follows Section 1. Scone of Services. The City, through Bremerton Kitsap Access Television (hereinafter referred to as BKAT) shall provide governmental access television services including but not limited to video production and program scheduling related to the County's commitment's as outlined in this Agreement. BKAT shall provide technical support, consultation; pre - production and post - production services; properly trained staff and volunteers including videographer for field assignments, proceeding/event DVD duplication and delivery no later than the 2 nd business day following completion of project to program sponsor, and coordination of programming hours and studio tune. BKAT's specified numbers of service commitments covered by this agreement are herein established - Number per Year Description Location Schedule Kitsap County County Second & Fourth Commission Administration Monday of each Meetings Building month 24 County / Second & Fourth Kitsap County Administration Thursdays Hearing Examiner Building 24 Special Meetings / Public Hearings Outside of Normal As requested Chambers Up to 3 per year Kitsap Regional Norm Dicks 4 Tues every Coordinating Government other month (and 8 Council Center any special meetings or public hearings) Kitsap County County Commission Administration As scheduled by Budget Hearings Building the Coup 10 2 per month, Commissioners Various rotatmg between Corner Commissioners 29 Around Kitsap or Various Locations Specific County throughout the Dept program County As requested 6 The County shall retain control over program content and designate one person to authorize and schedule programs produced under tins agreement. BKAT shall provide production and playback of regularly scheduled Board of County Commissioners, Commissioners Corner and Hearing Examiner meetings. Production requests by the County over and above those covered by this service contract will be taken on a per production and availability basis. Fees for these services are separate from this agreement and billed at $100.00 per hour Cost of DVD duplication is $35 00 BKAT will work with the County on production schedule and timeline for completion The County_shall have total control over content of special productions. All County programs /meetings and projects with BKAT are the property of the County The County has all rights to the program BKAT will work with the County_to establish regular, consistent playback times for programs produced under this agreement Once scheduled, program times shall not be moved, altered or deleted without consent of the County. BKAT will make copies of any County Commissioner Meeting or Hearing Examiner Meeting as requested through the Public Disclosure Act BKAT will inform the County when copies are requested from the public outside of the Public Disclosure Act Section 2 Payment Obligations In consideration for the services rendered from January 2012 through the date of execution of the Agreement and further consideration for the future services to be provided pursuant to this Agreement the Parties agree to compensation as follows The County shall pay the City on a quarterly basis, 1 /4 the current annual amount as specified herem. Services rendered beyond the scope of this Agreement, as set forth in Section 1, shall be billed in addition to the annual amount at the rates established by BKAT. The annual payment for services provided will be $45,000.00 for 2012. The City will submit quarterly invoices and a detail worksheet in April, July, October and December to the County The billings for the first year will be as follows; $11,250.00 each quarter. Each year thereafter, on January 1, the annual amount will be recalculated based upon a 2% annual increase The City will use the recalculated annual amount divided by four to prepare quarterly billings to the County beginning with the April billing each year. It is the responsibility to ensure payments are completed within thirty (30) days of receipt of invoice. Section 3. Term. This Service Agreement shall be for a period of three years commencing January 1, 2012 and terminating December 31, 2014 Section 4. Termination. Either party to this Service Agreement may terminate the agreement without cause upon giving one hundred twenty (120) days written notice to the other party Section 5. Severability. In the event any provision in this Agreement is deemed unconstitutional, illegal, or void as a matter of law, the parties agree that all of the provisions of this Agreement that are not affected by such occurrence shall constitute a full and complete Agreement between the parties Section 6. Indemnify and Hold Harmless, The County and City shall each indemnify, defend, and hold the other harmless from and against any and all claims, suits, actions, causes of action, losses, damage, or liabilities arising or resulting from any alleged negligent or intentional acts or omissions arising out of the performance or non performance of their respective responsibilities as set out in this agreement Section 7. Notices. All notices and other communications to be given by either party may be given in writing addressed to the appropriate party as follows Director of Financial Services City of Bremerton 345 6 Street, Suite 600 Bremerton, Washington 98337 Department of Administrative Services Director Kitsap County 614 Division Street MS -7 Port Orchard, Washington 98366 Dated this day of 9 2011 CITY OF BREMERTON BOARD OF COMMISSIONERS KITSAP COUNTY Patty Lent, Mayor Charlotte Garrido, Chair APPROVED AS TO FORM - Josh Brown, Commissioner Roger A Lubovich, City Attorney Robert Gelder, Commissioner ATTEST, Dana Darnels Clerk of the Board AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5E SUBJECT: Award Contract for installation Study Session Date September 14, 2011 of 100 -foot self supporting Tower at 100 COUNCIL MEETING Date September 21, 2011 Oyster Bay Avenue Department PW &U Presenter Gunnar Fndnksson Phone 473 -2354 SUMMARY: The City of Bremerton requires a Contractor to install a new tower at 100 Oyster Bay Avenue for use by Water Resources and its Supervisory Control and Data Acquisition (SCADA) system Valmont Industries, Inc, was selected from the state bid list under Washington State Contract Administration (WSCA) Contract 02702 for the purchase and installation of the tower in the amount of $60,835 55, including sales tax ATTACHMENTS: 1 Council Summary, 2 Valmont Quote, and 3 Draft Goods and Services Agreement FISCAL IMPACTS (Include Budgeted Amount) This project is funded by the 2011 Water fund APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move o award a contract in the amount of $60,835 55 (including sales tax) with Valmont Industries, Inc , for installation of the radio tower at 100 Oyster Bay Avenue and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented STUDY SESSION ACTION: Copsept Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 COUNCIL SUMMARY TOWER INSTALLATION AT 100 OYSTER BAY AVENUE Summary With the anticipation of the Water Resources Division being relocated to the Oyster Bay facility, a new 100 -foot self supporting tower was purchased for installation of the City's Supervisory Control and Data Acquisition ( SCADA) system radio antennas The tower was purchased in October of 2010 from Valmont Industries, Inc, with delivery to the Oyster Bay facility in December of 2010 The selection of Valmont for the tower and installation was completed from the state bid list, Washington State Contract Administration (WSCA) Contract 02702 Cost for the purchase of the antenna was $16,216 15, including sales tax and shipping This tower will also provide for installation of the radio antennas for the Emergency Operating Center (EOC) which utilizes the Oyster Bay complex Currently these antennas are improperly mounted on the maintenance building, causing interference with other users, roof leaks and do not meet wind loads Fiscal Summary Momes for the above listed work will come from the Water Fund who will own and utilize the tower Installation of the foundation for the antenna is $31,003 13 and setting of the antenna at $29,832 42, for a total contract price of $60,835 55 City forces would also require approximately $20,000 to set the SCADA radio antennas, adjust and cable them in Total cost for tower and radio antenna installation is $97,056 including the original purchase of the tower Tower Installation at Oyster Bay Council Summary Page 1 of 1 valmontV QUOTATION Quote Number. 156284 -01 Valmont Industries, Inc Created. 6/10/2011 3.09.17 PM 3575 25th Street SE P O Box 12985 Revised, Salem, OR 97302 Prepared for: City of Bremerton Attention Gunnar Fridriksson Addressi 100 Oyster Bay Avenue Address2 City Bremerton State WA Zip 98312 Phone (360) 473 -2354 Email Gunnar Fridriksson @ci bremerton wa us Budgetary No RFQ• WSCA Contract 02702 Project Public Works Operation Center discount pricing NOTICE Quoted prices will be held firm for 15 days Prices are subject to change if product is not shipped within 2 months of Purchase Order receipt - — - - - - — - - - - - - - - — - - - - — - - - - - - - - - - - — - - - - - - - - - - - - - - - - - — - - - - - - - - - - - - - - - - - - - - - - - — - - - - - - - - - - - - - - - - - — - — - - - - - - - - - - - - - - — - - - - — - - - - - - - - - - - — - - - - - - - - - - - - - - - - - - - - — - - - - - - - - - - — - - - - - - - - - - - — - - - - - ITEM DESCRIPTION QTY UNIT PRICE - - - - — - - - - - - - - - - - - - - - - - - - - - - - — - - - - - — - - - - - - - - - - - - - - - - - — - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — - — - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — - - - - - - - - - - - 1 FOUNDATION INSTALLATION 1 $28,548 INSTALLATION INCLUDES Furnish all materials and equipment necessary to install tower foundation per drawing D- 130656 Mobilization /daily travel Project management Lodging /per diem 2 100' SELF - SUPPORTING TOWER INSTALLATION 1 $27,470 INSTALLATION INCLUDES Furnish all materials and equipment necessary to erect 100' Self - Supporting tower Mobilization /daily travel Project management Lodging /per diem 2 $56,018 NOTES GENERAL If the project is delayed or suspended due to any non - Valmont caused conditions, the project will be halted and the crew put on stand by status A charge of $100 00 per man hour will be made for the first 8 hours of each stand by day It is assumed that all customer furnished materials will be on -site at time of installation Installation price assumes no solid rock will be encountered It is assumed that foundation spoils cannot be spread around site Spoil removal will be required It is assumed that the site is within 2 ft tolerance of being level and an interface will not be required All property surveys /control points to be provided by others It is assumed that the site is readily accessible to concrete trucks and construction vehicles Additional time or equipment required to compensate for limited access will be charged at a Page 1 of 3 Valmont' valmont'f QUOTATION Quote Number 156284 -01 Valmont Industries, Inc 3575 25th Street SE Created 6/10/2011 3 09.17 PM P O Box 12985 Revised Salem, OR 97302 time and material rate ($100 00 per man hour and materials at cost plus 20 %) Any and all permits are to be secured and paid for by others Grounding is not included in this quote a quote can be given upon receipt of customer furnish grounding design If additional ARRA reporting is required for this projecct, addional costs will be applied installation of lines and antennas are not included in this quote A quote can be provided upon request DELIVERY Installation to be determined after receipt of order * Valmont reserves the right to apply storage charges of three - hundred and fifty dollars ($350 00) per month for structures kept in our yard beginning 60 days after original ship date • Quote is subject to Valmont's standard terms and conditions See attached copy • All quotations subject to acceptance by Valmont at time of order placement • F O B Valmont Factory * Terms NET 30 Days (upon approved credit) * Prepared by Dennis Beal Lead Inside Sales Specialist Direct 503 - 589 -6671 Page 2 of 3 Terms and Conditions of Sale 1 General In the accordance with the usage of trade Valmont Structures (Seller) A Commonest Products_ The standard shipping interval is 14 calendar days following conclusively presumes by the absence of any written objection and by the acceptance of receipt of an order, subject to stock on hand Most products are stocked and may be part or all the material ordered shipped within a few days All proposals negotiations, and representations regarding a transaction that are made B 700 Series Tower Products. The standard shipping interval is 21 calendar days prior to the date ofthis document, if any are hereby merged into this document following receipt of an order sublectto stock on hand All prices are FOB factory, unless otherwise specified Minimum order of 550.00 The C Other Products. The shipping interval for other products that do no have published agreement and language herein shall be construed and enforced under the Uniform prices, will be furnished with a price quote Commercial Code in effect in the States of Oregon and Indiana as of the date of this 13 Packaging for Shipment The pricing for the Seller's products includes packing for document standard ground domestic shipments such as motor freight or package carriers When A finance charge at the monthly rate of 2% will be assessed on past due invoices where special packaging is required for other means of shipment, such as for air shipment, allowed by applicable law ocean freight, etc additional charges will apply and will be added to the order Pricing for The Seller reserves the right to enforce the collection of funds that are beyond the due such special packaging will be furnished to the Buyer upon request date The Buyer shall be liable for the Seller s costs for collection of past due amounts, 14 Freight Freight prices if shown are estimated for the stated mode of transportation including without limitation reasonable attorney's fees and are based on tariffs and rates in effect at the time of the quotabon Freight charges 2 Delay The Seller shall be excused for any delay in performance caused by acts of are to the account ofthe Buyer Point of delivery of all products is defined as the nearest God, war not embargoes, acts of civil or military authorities fires floods, accidents dock or terminal used or arranged for by the appointed carrier, and that which is nearest quarantine restrictions mill conditions, strikes differences with workmen delays in to the construction site(s) Handling and further transportation from the defined point of transportation shortages of cars, fuel labor or materials or any other circumstances or delivery will be the responsibility ofthe Buyer unless specifically included in a quotation causes beyond the control ofthe Seller s reasonable conduct of business 15 Customer Specified Shipping Instructions and Freight Terms - Seller will comply 3 Title and Risk of Loss - Full risk of loss, including transportation delays and losses, with the customer specified shipping instructions and freight terms, provided they are shall pass to the Buyer upon delivery of products to the FOB point However the Seller stated in the written purchase order On verbal purchase orders Seller will comply with retains the title for security purposes only if all products are not paid in full in cash In the the customer specified shipping instructions and freight terms However in the event a event that the Buyer defaults in payments hereunder the Seller at its option may confirming purchase order vinth different shipping instructions or freight terms, is received repossess all unpaid products and charge the Buyer with any deficiency after the order has shipped the instructions and terms in the verbal purchase order will 4 Terms - Terms are Net 30 Days on approved credit control 5 Credit Approval Shipment, deliveries and performance of work shall at all times be Written and verbal purchase orders that specify the destination, without specifying routing at the approval of the Buyer's credit The Seller may at any time decline to make any instructions andfor freight terms, will be shipped by a canker and with freight terms shipment or delivery, or to perform any work except on receipt of payment or security, or (prepaid, collect, COD, etc ) of Seller's choice upon terms and conditions satisfactory to the Seller Under no circumstances will Seller be responsible or back charged for the loss of 6 Taxes - When the Seller is required to collect or pay taxes under any existing or future customer freight advantages due to routing instructions andfor freight terms law, the taxes shall be for the account ofthe Buyer who upon demand shall make prompt 16 Return of Material - payment of the amount thereof to the Seller Applicable taxes may be in regard to the -Advance authorization must be obtained and the returned products accompanied with a sale, purchase delivery storage processing use or consumption of any products Return Materials Authorization (RMA) number covered herein, including taxes based on receipts from the sales thereof Taxes are not •A RMA request must be submitted and authorized within 90 days of shipment and included in any published or quoted price shown unless specifically identified as such products must be received within 30 days of the RMA date Products are to be returned 7 Compliance with Laws The Seller intends to comply with all laws applicable to the with the freight charges prepaid fulfillment of the Buyer's order However due to the complexity of OSHA's Tower -Customer must provide the anginal invoice or sales order number to receive the Climbing Devices Specifications the Buyer will be responsible for specifying the exact minimum 40% restock fee from invoice price Materials returned without the anginal tower climbing product requirements If this is not done, the Seller will provide the invoice or sales order number shall be subject to a minimum 60% restock fee off catalog standard production climbing devices and representation is not made by the Seller that list price the products will be in compliance with every interpretation of OSHA's specifications -Credits are met Icaied for returns of BOLTS, GUY CABLE, ASSEMBLY HARDWARE, 8 Warranty - All products are warranted to be free of defects in material and OR CUSTOM MATERIALS workmanship The warranty is effective for two years, commencing on the date of -Credits are not Issued for returns of PREVIOUSLY INSTALLED MATERIAL regardless shipment This warranty specifically excludes fatigue failure or similar damage resulting ofcondibon from induced vibration harmonic oscillation or resonance associated with movement of air -Upon inspection the customer's account will be credited for the invoice price of accepted currents around the product materials less restocking charges 9 Buyer's Remedies - If the material furnished to the Buyer should fail whether due to 17 Shortage and Damage Claims the Seller's negligent acts or omissions, to nonconformity, or otherwise, with these terms -All claims of shortages and damages must be filled within 7 days of receipt of materials and conditions, or to any expressed or implied warranty the Seller will replace such failed and should be noted on the Bill of Landing at time of delivery products at the anginal point of delivery Instructions will be furnished to the Buyer for the disposition of the failed products, and any transportation charges involved in the disposition shall be to the Seller s account THE BUYER'S EXCLUSIVE AND SOLE REMEDY IN REGARD TO HAVING RECEIVED FAILED PRODUCTS, WHETHER DUE TO SELLER'S NEGLIGENT ACTS OR OMISSIONS, TO NONCONFORMITY OR OTHERWISE, WITH THESE TERMS AND CONDITIONS OR TO ANY EXPRESSED OR IMPLIED WARRANTY SHALL BE TO OBTAIN REPLACEMENT AS SPECIFIED ABOVE THE SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR THE COST OF ANY LABOR EXPENDED IN ANY SUCH PRODUCTS OR FOR ANY SPECIAL DIRECT INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES DUE TO THE PRODUCTS NONCONFORMITY WITH THESE TERMS AND CONDITIONS OR TO ANY EXPRESSED OR IMPLIED WARRANTY 10 Cancellation Orders accepted by the Seller are non cancellable by Buyer unless agreed to in writing by Seller If Buyer provides a written request to cancel an entire order, or any portion thereof, and Seller agrees in writing to such a request Buyer shall then be responsible for a reasonable fee reflecting the non recoverable time and material cost, with reasonable profft, expended by the Seller prior to cancellation In no event shall this fee be less that 25% ofthe price ofthe materials or services cancelled 11 Non - Waiver by Seller - A waiver by the Seller of a Buyers breach of any of these terms and conditions shall not be construed as a waiver of any other breach 12 Shipping Interval - Page 3 of 3 GOODS AND SERVICES AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City"), and Valmont Industries, Inc ( "Vendor "), whose mailing address is 3575 25 Street, Salem, OR 97302 The parties agree as follows 1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the City ,3RUk 2. TEKE OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within calendar days from the date all parties have signed this Agreement 3. COMPENSATION. The City shall pay the Vendor the total amount of , including applicable Washington State Sales Tax, for the goods, materials and services contemplated in this Agreement The City shall pay the Vendor the following amounts according to the following schedule A Defective or Unauthorized Work The City reserves its right to withhold payment from Vendor for any defective or unauthorized goods, materials or services If Vendor is unable, for any reason, to complete any part of this Agreement, the City may obtain the goods, materials or services by Agreement or otherwise, and Vendor shall be liable to the City for any additional costs incurred by the City "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Agreement price specified above The City further reserves its right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to become due the Vendor 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all tunes acting as an independent contractor and not as an employee of the City The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub - contractors The Contractor shall also secure all applicable business licenses, ifrequired, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub - contractors 5. TERMINATION. The City may terminate this Agreement for good cause "Good cause" shall include, without limitation, any one or more of the following events A The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of this Agreement B The Vendor's failure to complete this Agreement within the time specified in this Agreement C The Vendor's failure to make full and prompt payment to subcontractors or for material or labor D The Vendor's failure to complete with federal, state or local laws, rules or regulations E The Vendor's filing for bankruptcy or becoming adjudged bankrupt If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement until the goods, materials and services required by this Agreement are completed and fully performed 6. CHANGES The City may issue a written change order for any change in the goods, materials or services to be provided during the performance of this Agreement If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have known of the facts and events giving rise to the requested change If the City determines that the change increases or decreases the Vendor's costs or time for performance, the City will make an equitable adjustment The City will attempt, in good faith, to reach agreement with the Vendor on all equitable adjustments However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an oral order from the City before actually receiving the written change order If the Vendor fails to require a change order within the time allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work If the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work, however, the Vendor may elect to protest the adjustment as provided below A Procedure and Protest by the Vendor If the Vendor disagrees with anything required by a change order, another written order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the Vendor shall 1 Immediately give a signed written notice of protest to the City, 2 Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information a The date of the Vendor's protest b The nature and circumstances that caused the protest c The provisions in this Agreement that support the protest d The estimated dollar cost, if any, of the protested work and how that estimate was determined e An analysis of the progress schedule showing the schedule change or disruption if the Vendor is asserting a schedule change or disruption 3 The Vendor shall keep complete records of extra costs and tune incurred as a result of the protested work The City shall have access to any of the Vendor's records needed for evaluating the protest The City will evaluate all protests, provided the procedures in this section are followed If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment No adjustment will be made for an invalid protest B Vendor's Duty to Complete Protested Work In spite of any protest, the Vendor shall proceed promptly to provide the goods, materials and services required by the City under this Agreement C Vendor's Acceptance of Changes The Vendor accepts all requirements of a change order by (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides A change order that is accepted by Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change D Failure to Protest Constitutes Waiver By not protesting as this section provides, the Vendor also waives any additional entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) E Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Vendor completely waives any claims for protested work and accepts from the City any written or oral order (including directions, instructions, interpretations, and determination) 7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims Any claim for damages, additional payment for any reason, or extension of tune, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim is made in strict accordance with the applicable provisions of this Agreement, or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or should have known, of the facts giving rise to the claim At a minimum, a Vendor's written claim must include the information set forth regarding protests in Section 7(A)(2)(a) -(e) FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days from the date the contract work is complete 8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work When defects are corrected, the warranty for that portion of the work shall extend for one year from the date such correction is completed and accepted by the City The Vendor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect If the Vendor does not accomplish the corrections within a reasonable tune, the City may complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction 9. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement Vendor's obligation to mdemmfy shall not extend to that portion of damages caused by the City's sole negligence The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any ofthese covenants of indemnification Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4 24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of the Vendor's negligence IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement 10. INSURANCE. The Vendor shall procure and maintain for the duration of this Agreement, insurance against claim for inlunes to persons or damage to property that may arise from or in connection with the performance of the Contract work by the Vendor, its agents, representatives, employees or subcontractors Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing 1 Automobile Liabili insurance with lnmts no less than $1,000,000 combined single limit per accident for bodily mjury and property damage, and 2 Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for personal mlury, bodily injury and property damage Coverage shall include but not be limited to blanket contractual, products /completed operations/broad form property damage, and employer's liability Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor All required policies shall be provided on an "occurrence" basis except professional liability insurance (ifrequired), which shall be provided on a "clanns- made" basis The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all the required insurance policies The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability The Vendor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage 11. NUSCELLANEOUS. A Licenses and Taxes Vendor shall possess a current Bremerton Business License and any regulatory license required to fulfill Vendor's obligations under this contract B &O taxes shall be paid when due, and Vendor, by this agreement, assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared delinquent B Conflict and Precedence In the event of a conflict between the contract documents, the document which rates higher on the following list shall take precedence 1 Addenda, if any, 2 Contract, 3 Specifications, 4 Terms and Conditions, 5 Contractor's proposal C Documents Incorporated by Reference The following documents are incorporated by reference, to include, but not be limited to 1 Terms and Conditions, 2 Specifications, 3 Proposal, and 4 Non - Collusion Affidavit D Nondiscrimination In the hiring of employees for the performance of work under this Agreement the Vendor, its subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates E Compliance with Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this Agreement F Work Performed at Vendor's Risk Vendor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance ofthis Agreement All work shall be done at Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work G Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of Washington If any dispute arises between the City and Vendor under any of the provisions ofthis Agreement, resolution of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Krtsap County Superior Court, Krtsap County, Washington H Attorney's Fees In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this Agreement I Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed below, unless otherwise notified Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailmg by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement Notices to be sent to Notices to be sent to VENDOR CITY Attn Ann City of Bremerton 9999999 Bremerton, WA 98337 J Assignment Any assignment of this Agreement by the Vendor without the written consent of the City shall be void K Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Vendor L Severability If anyone or more sections, sub - sections, or sentences of this Agreement are held to be unconstitutional or invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall remain in full force and effect M Entire Agreement The written provisions and terms of this Agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this Agreement This Agreement and any attached Exhibits contain the entire Agreement between the parties Should any language in any Exhibit to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail IN WITNESS WHEREOF, the parties below have executed this Agreement VENDOR CITY City of Bremerton By By Print Name Print Name Its Its Date Date APPROVED AS TO FORM i = By Bremerton City Attorney ATTEST By City Clerk AM AGENDA BILL CITY OF BREMERTON CITY COUNCIL 5F ......................................................... ............................... SUBJECT: Revision of service and Study Session Date September 14, 2011 easement to PSE for warehouse building at COUNCIL MEETING Date September 21, 2011 100 Oyster Bay Avenue Department PWBU Presenter Gunnar Fndnksson Phone 473 -2354 SUMMARY: The electrical service for the warehouse budding at 100 Oyster Bay Avenue comes out of the maintenance buildings main electrical panel The panel is insufficient for this use To help reduce the load on the existing panel and provide additional electrical capacity for the warehouse budding, the services should be separated Discussion with PSE for the new service has a new electrical vault (handhold) being placed on the City property at the ROW line as a point of connection An easement from the City to PSE is required for installation of this vault and approval for the costs associated with separation of the services ATTACHMENTS: 1 Council Summary, and 2. PSE easement FISCAL IMPACTS (Include Budgeted Amount) Total cost for completion of the separation is $54,320 which wdl come from the Water Fund who owns the building This cost has been included in the budget for this year APPROVALS: DEPARTMENT DIRECTOR ' ' CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Authorize the Mayor to finalize and execute the easement with PSE with substantially the same terms and conditions as presented and authorize the Public Works and Utilities Department to finalize and execute contracts to complete the separation of the services STUDY SESSION ACTION: s ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑Deny Table El Continue ❑ No Action Form Updated 4/1812011 COUNCIL SUMMARY PSE EASEMENT AND NEW SERVICE FOR WAREHOUSE BUILDING AT 100 OYSTER BAY AVENUE Summary Currently, power for the warehouse is fed from the main service in the maintenance building. Several recent remodels in the maintenance building have brought concerns on the capacity of this service and the existing 400 amp panel An evaluation of the service and panel by Cross Engineers, Inc , notes the service and panel is insufficient and needs to be upgraded To help reduce the load on the existing panel in the maintenance building and be able to provide the ability to expand the electrical service in the warehouse building, the warehouse should be placed on its own service. Discussions with PSE for the new service have a new pole mounted transformer being set on the existing power pole on the west side of Oyster Bay Avenue, with the service being undergrounded over to the warehouse This will require an electrical vault (handhold) being set on the City property for the new service and an easement to PSE for the vault This easement is dust for the vault and measures 5'x5' on the City property directly adjacent to the nght of way (ROW) Other costs associated with completion of the new service are. Potelco — Service provider for PSE, the City negotiated for placement of the new transformer and undergrounding the service to the ROW in accordance with Tariff G, Rate Schedule 85, "Line Extensions" Total cost from Potelco is estimated at $23,000, with a 10% contingency Silverdale Electric - Work required at the warehouse for the new service will be a new service panel and meter base Negotiation with Silverdale Electric has the cost for this work at $11,592.42 Platt Electric — Parts and pieces required for completion of the service are valued at S4,72753. City forces — Work required to complete undergrounding of the new service line from the ROW to the new panel is valued at $15,000 Fiscal Summary Total cost for all of the above is $54,320 which will come from the Water Fund who owns the building. Tlus cost has been included in the budget for this year. PSE Easement for New Service at Warehouse Building Council Summary Page 1 of 1 RETURN ADDRESS Puget Sound Energy, Inc F ff��sS Attn ROW Department f 6522 Kltsap Way Bremerton, WA 98312 EASEMENT REFERENCE # GRANTOR CITY OF BREMERTON GRANTEE PUGET SOUND ENERGY, INC SHORT LEGAL NW- NW- 22- 24N -01E ASSESSOR S PROPERTY TAX PARCEL 3748- 001 - 001 -0107 For and In consideration of One Dollar ($1 00) and other valuable consideration In hand paid THE CITY OF BREMERTON, a Washington municipal corporation, ( "Grantor" herein) hereby conveys and warrants to PUGET SOUND ENERGY, INC , a Washington Corporation ('Grantee" herein) for the purposes hereinafter set forth a nonexclusive perpetual easement over under along across and through the following described real property ('Property' herein) in KITSAP County Washington RESULTANT PARCEL 1 OF BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NO 200809080049, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 15 AND THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 22, ALL SITUATE IN TOWNSHIP 24 NORTH, RANGE' 1 EAST, W M, KITSAP COUNTY, WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS LOTS 1, 2, 3, 4, 32, 33 AND 34, BLOCK 1, OF THE PLAT OF GOODFELLOW'S NAVY YARD TRACTS, AS RECORDED IN VOLUME 3 OF THE BOOK OF PLATS, PAGE 52, RECORDS OF KITSAP COUNTY, WASHINGTON, TOGETHER WITH THE NORTH 112 FEET OF LOTS 1 AND 2, BLOCK 1 OF THE PLAT OF BREMERTON HEIGHTS, AS RECORDED IN VOLUME 3 OF THE BOOK OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON, TOGETHER WITH THE NORTH 112 FEET OF THE WEST 5 FEET OF LOT 3, BLOCK 1 OF THE PLAT OF BREMERTON HEIGHTS, AS RECORDED IN VOLUME 3 OF THE BOOK OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON, TOGETHER WITH THAT PORTION OF VACATED FORREST STREET, AS ATTACHES BY OPERATION OF LAW, CITY OF BREMERTON ORDINANCE NO 4759 TOGETHER WITH THAT PORTION OF VACATED 1 STREET (14 AVENUE PER PLATS), AS ATTACHES BY OPERATION OF LAW, CITY OF BREMERTON ORDINANCE NO 4340 Except as may be otherwise set forth herein Grantees rights shall be exercised upon that portion of the Property ( Easement Area herein) described as follows An Easement Area TEN (10) feet In width having FIVE (5) feet of such width on each side of a centerline described as follows THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR RELOCATED LYING WITHIN THE WEST TWENTY FEET OF THE NORTH 112 FEET OF LOT 1, BLOCK 1 OF THE PLAT OF BREMERTON HEIGHTS, AS RECORDED IN VOLUME 3 OF THE BOOK OF PLATS, PAGE 41, RECORDS OF KITSAP COUNTY, WASHINGTON TOGETHER WITH THAT PORTION OF VACATED 1 STREET (14 AVENUE PER PLATS), AS ATTACHES BY OPERATION OF LAW, CITY OF BREMERTON ORDINANCE NO 4340 OF THE ABOVE DESCRIBED PROPERTY 1 Purpose Grantee shall have the right to use the Easement Area to construct operate maintain repair replace Improve remove and enlarge one or more utility systems for purposes of transmission distribution and sale of electricity Such systems may Include but are not limited to UG Electric 10/2003 105064521 RW 077831 CITY OF BREMERTON Underground Facilities Conduits lines cables, vaults switches and transformers for electricity, fiber optic cable and other lines cables and facilities for communications semi -buned or ground mounted facilities and pads manholes meters fixtures attachments and any and all other facilities or appurtenances necessary or convenient to any or all of the foregoing Following the initial construction of all or a portion of its systems Grantee may, from time to time construct such additional facilities as it may require for such systems Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee 2 Easement Area Clearing and Maintenance Grantee shall have the right to cut remove and dispose of any and all brush trees or other vegetation in the Easement Area Grantee shall also have the right to control on a continuing basis and by any prudent and reasonable means, the establishment and growth of brush, trees or other vegetation in the Easement Area 3 Grantor's Use of Easement Area Grantor reserves the right to use the Easement Area for any purpose not inconsistent with the rights herein granted provided however Grantor shall not construct or maintain any buildings structures or other objects on the Easement Area and Grantor shall do no blasting within 300 feet of Grantees facilities without Grantee's prior written consent 4 Indemnity Grantee agrees to indemnify Grantor from and against liability incurred by Grantor as a result of Grantees negligence in the exercise of the rights herein granted to Grantee but nothing herein shall require Grantee to indemnify Grantor for that portion of any such liability attributable to the negligence of Grantor or the negligence of others 5 Abandonment The rights herein granted shall continue until such time as Grantee ceases to use the Easement Area for a period of five (5) successive years in which event, this easement shall terminate and all rights hereunder, and any improvements remaining in the Easement Area shall revert to or otherwise become the property of Grantor provided however that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement Area within any period of time from the date hereof 6 Successors and Assigns Grantee shall have the right to assign apportion or otherwise transfer any or all of its rights benefits, privileges and interests arising in and under this easement Without limiting the generality of the foregoing the rights and obligations of the parties shall inure to the benefit of and be binding upon their respective successors and assigns DATED this day of 2011 4 lax GRANTOR CITY OF BREMERTON BY PATTY LENT ATTEST BY STATE OF WASHINGTON ) )ss COUNTY OF ) On this day of 2011 before me the undersigned a Notary Public in and for the State of Washington duly commissioned and sworn personally appeared , to me known to be the person who signed as of THE CITY OF BREMERTON, the municipal corporation that executed the within and foregoing instrument and acknowledged said instrument to be her free and voluntary act and deed and the free and voluntary act and deed of THE CITY OF BREMERTON for the uses and purposes therein mentioned and on oath stated that SHE was authorized to execute the said instrument on behalf of said THE CITY OF BREMERTON IN WITNESS WHEREOF I have hereunto set my hand and official seat the day and year first above written (Signature of Notary) (Print or stamp name of Notary) �l NOTARY PUBLIC in and for the State of Washington (L,! Residing at My Appointment Expires N inv ra tc i aixf xJ noa on, must Iw insi 1 -1. /45064521 RW 077831 CITY OF BREMERTON AGENDA BILL CITY OF BREMERTON CITY COUNCIL N56 SUBJECT: Appointment of Samantha Study Session Date September 14, 2011 Heinnchs to the Lodging Tax Advisory COUNCIL MEETING Date September 21, 2011 Committee Department Executive Presenter Mayor Lent Phone (360) 473 -5266 SUMMARY: It is recommended that Samantha Heinnchs, Assistant Manager for the Baymont Inn and Suites, be appointed to the Lodging Tax Advisory Committee as a member representing groups that collect the hotel /motel tax This appointment expires February 17, 2012 and is for the remainder of the 3 -year term previously occupied by Jack Edwards ATTACHMENTS - FISCAL IMPACTS (Include Budgeted Amount) APPROVALS: DEPARTMENT DIRECTOR NIA CITY ATTORNEY N/A FINANCE DIRECTOR N /A RECOMMENDED MOTION: Move to confirm the appointment of Samantha Heinnchs to the Lodging Tax Advisory Committee STUDY SESSION ACTION: / • �] Con nt Agenda. E:1 General Business ❑ Public Hearing COUNCIL PRESIDENT � ' COUNCIL ACTION: ❑ Approve ❑ Deny d able El Continue ❑ No Action Form Updated 4/18/2011 AGENDA BILL _ - CITY OF BREMERTON l J CITY COUNCIL .— A-1 ■ eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee SUBJECT: Resolution No 3152 supporting Study Session Date the development of the Youth Wellness Campus COUNCIL MEETING Date Department Executive Presenter Mayor Lent Phone 473 -5266 SUMMARY: October 2010 the City of Bremerton and the Bremerton School District entered into an agreement to conduct a Geotechnical survey on the former East Bremerton School site for the Youth Wellness Campus The City hopes to attract organizations promoting youth health and wellness and is in support of the concept of the campus The Resolution does not obligate the City to finance the development ATTACHMENTS: Resolution No 3152 FISCAL IMPACTS (Include Budgeted Amount) No fiscal impacts APPROVALS: CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to approve Resolution No 3152 as presented STUDY SESSION ACTION: Consent Agenda ❑ General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 4/18/2011 RESOLUTION NO. 3152 A RESOLUTION of the City Council of the City of Bremerton, Washington, supporting the development of the Youth Wellness Campus WHEREAS the City supports and encourages endeavors to improve the health and wellness of all of its citizens, particularly young people, and WHEREAS since 2008 the City has supported the concept of a developing center in Bremerton to promote and enhance the health and wellness of the youth in the City, and WHEREAS on October 6, 2010 the City entered into an agreement with the Bremerton School District to conduct a geotechnical survey on real property owned by the Bremerton School District, which is a proposed site for the Youth Wellness Campus, and WHEREAS Rice Fergus Miller Architects have developed a conceptual design for a Youth Wellness Campus on the proposed site owned by the Bremerton School District, and WHEREAS, the City hopes to attract organizations that promote and enhance youth health and wellness to locate on the Youth Wellness Campus, and WHEREAS, the Boys and Girls Club has applied for a grant to develop its facility on the proposed site, and WHEREAS, the City does not have budgeted financial resources for the development of the Youth Wellness Campus, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. The City of Bremerton supports the concept of the Youth Wellness Campus on the proposed site owned by the Bremerton School District SECTION 2. The City of Bremerton intends to assist organizations in seeking fundmg and other resources for the development and utilization of the Youth Wellness Campus SECTION 3. The City of Bremerton intends to encourage and promote the development and utilization of the proposed site by organizations dedicated to the health and welfare of youth Youth Wellness Campus SECTION 4. This Resolution does not obligate the City to finance any part of the development of the Youth Wellness Campus SECTION S. Severabdity If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION 6. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2011 WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk R \ Legal\ Legal\Resolutions\Executrve\2011 09 16 Youth Wellness Campus docx Youth Wellness Campus AGENDA BILL CITY OF BREMERTON i CITY COUNCIL ■■ eeeeeeeeeeeeeee•• eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeseeeeeeeeeeeeeeeseeeeeee■ SUBJECT P t cb ( ►c Near %OL5 Date September 7, 2011 Ordinance No 151& adopting the second COUNCIL MEETING Date September 21, 2011 proposal to modify the City's district Department IT /Financial Services boundaries Presenter Bill Eley /Becky Hasart Phone. 473 - 5293/473 -5722 SUMMARY: Each decade, the US Government conducts a census of the nation's population Following the census, City district boundaries are changed to reflect the current population with a view to provide the public, as far as possible, with equal City Council representation To formalize the new district boundaries, the City must hold a public hearing on the proposed boundaries and then adopt the related ordinance The ordinance cannot be adopted for at least a week after the public hearing A public hearing on the initially proposed district boundaries was held on August 17, 2011 After public and Council comments, staff has developed a second proposal for review Tonight's public hearing is to consider this second proposal and does not require any further action until September 21, 2011, at which time the ordinance representing the second proposal will be present for formal adoption The new district boundaries information /maps are available on the City's web site Again, if the public has objections to the new boundaries, they do have a 45 day appeal process through Kitsap Superior Court after adoption of the ordinance ATTACHMENTS: Proposed Ordinance No 51 - FISCAL IMPACTS (Include Budgeted Amount) None APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: ft public hearing to take testimony regarding the proposed new district boundaries (The ordinance will be presented for adoption on September 21, 2011 ) 54fi r - 7 4 a aci-; o rl 50 f - f a 1— govC , -1 aPPY°C O�� &- + ouv�do�lr;es r -H�t Loased or) alto CanS�s. STUDY SESSION ACTION: [Cons nt A nda [j Gene u`sin s Public Hearing �St�T• 7� COUNCIL PRESIDENT ` COUNCIL ACTION: ❑ Approve ❑ Deny ❑ able ❑ Continue ❑ No Action ORDINANCE NO. 514P X AN ORDINANCE of the City Council of the City of Bremerton, Washington, adopting new City Council District boundaries for the City of Bremerton based on the year 2010 census and repealing Ordinance No 4812 relating to City Council Districts WHEREAS, the Bremerton City Charter authorizes the City Council to change the boundaries of existing City Council Districts by ordinance, and WHEREAS, the 2010 census has necessitated the adjustment of City Council District boundaries to more equally balance population, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. Ordinance No 4812 of the Bremerton City Council establishing City Council Districts is hereby repealed SECTION 2. Council District No I of the City of Bremerton shall include DISTRICT NO.1 That portion of Sections 2, 3 and 11, Township 24 North, Range 1 East, Willamette Meridian, situate in Krtsap County, Washington, lying northeasterly of the Port Washington Narrows waterway and westerly of Warren Avenue, located within the Bremerton City limits, and lying westerly of the following described line Beginning at the centerline intersection of Warren Avenue and the Port Washington Narrows, being the true point of beginning, thence northerly along the centerline of said Warren Avenue to the centerline intersection with Sheridan Road, thence westerly along the centerline of Sheridan Road to the intersection with Robin Avenue, thence northerly along said centerline of Robin Avenue to the centerline intersection with East 30 Street, thence westerly along the centerline of East 30` Street to the centerline intersection with Stewart Avenue, thence northerly along the centerline of Stewart Avenue to the centerline intersection with Dibb Street, thence easterly along the centerline of Dibb Street to the centerline intersection with Phillips Avenue, thence northerly along the centerline of Phillips Avenue to the centerline intersection with Sylvan Way, thence westerly along the centerline of Sylvan Way to the centerline intersection with Pine Road, thence northerly along the centerline of Pine Road to the intersection of the Bremerton City limits, also being the terminus. 1 Council Districts SECTION 3. Council District No. 2 of the City of Bremerton shall include DISTRICT NO.2 That portion of Section 1, 2, 11 and 12, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, located within the Bremerton City limits, and lying northerly of the following described line Beginning at the centerline intersection of Sheridan Road and Schley Boulevard, also being the True Point of Beginning, thence southerly along the centerline of Schley Boulevard to the centerline intersection with Chestnut Street, thence westerly along the centerline of Chestnut Street to the centerline intersection with Cherry Avenue, thence southerly along the centerline of Cherry Avenue to the centerline intersection with Callahan Drive, thence westerly along the centerline of Callahan Drive to the centerline intersection with Warren Avenue, thence northerly along Warren Avenue to the centerline intersection with Sheridan Road, thence westerly along the centerline of Sheridan Road to the intersection with Robin Avenue, thence northerly along said centerline of Robin Avenue to the centerline intersection with East 30` Street, thence westerly along the centerline of East 30 Street to the centerline intersection with Stewart Avenue, thence northerly along the centerline of Stewart Avenue to the centerline intersection with Dibb Street, thence easterly along the centerline of Dibb Street to the centerline intersection with Phillips Avenue, thence northerly along the centerline of Phillips Avenue to the centerline intersection with Sylvan Way, thence westerly along the centerline of Sylvan Way to the centerline intersection with Pine Road, thence northerly along the centerline of Pine Road to the intersection of the Bremerton City limits, also being the terminus SECTION 4. Council District No 3 of the City of Bremerton shall include DISTRICT NO.3 That portion of Section 12 and 13, Township 24 North, Range 1 East, and Section 7 and 18, Township 24 North, Range 2 East, Willamette Meridian, situate in Krtsap County, Washington, located within the Bremerton City limits, lying northerly of the Port Washington Narrows, and lying southerly of the following described line Beginning at the intersection of the centerline of Seattle Court and the line of ordinary low tide, also being the True Point of Beginning, thence northerly along the centerline of Seattle Court to the centerline intersection with Wheaton Way, thence southeasterly along the centerline of Wheaton Way to the centerline intersection with Schley Boulevard, thence northerly along the centerline of Schley Boulevard to the centerline intersection with Callahan Drive, thence easterly along the centerline of Callahan Drive to the centerline intersection with Fir Avenue, thence southerly along Fir Avenue to the centerline intersection with Maple Avenue, thence northeasterly along the centerline of Maple Avenue to the intersection with the extended centerline of Sunset Lane, thence easterly along said extended centerline to the Bremerton City limits, also being the terminus 2 Council Districts SECTION 5. Council District No. 4 of the City of Bremerton shall include DISTRICT NO.4 That portion of Section 13, 14, 23, and 24, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, lying southwesterly of the Port Washington Narrows waterway, within the Bremerton City limits, and lying southerly of the following described line Beginning at the intersection of the extension of the centerline of Highland Avenue and the line of ordinary low tide, also being the True Point of Beginning, thence southeasterly along the centerline extension of Highland Avenue to the centerline of Highland Avenue, thence continuing southeasterly along the centerline of Highland Avenue to the centerline intersection with 11` Street and Washington Avenue, thence easterly and southerly along the centerline of Washington Avenue to the centerline intersection with 6 Street, thence westerly along the centerline of 6 Street to the centerline intersection with Pacific Avenue, thence southerly along the centerline of Pacific Avenue to the centerline intersection with 5 t ' Street, thence westerly along the centerline of said 5th Street to the centerline intersection with Chester Avenue, thence northerly along the centerline of Chester Avenue to the centerline intersection with 6" Street; thence westerly along the centerline of said 6` Street to the centerline intersection with Hewitt Avenue; thence northerly along the centerline of Hewitt Avenue to the centerline intersection with 11 Street, thence westerly along the centerline of I P h Street to the centerline intersection with Naval Avenue, thence southerly along the centerline of Naval Avenue to the centerline intersection with Burwell Street, also known as State Route 304, thence easterly along Burwell Street to the centerline intersection with Anoka Avenue, thence southerly along the centerline of Anoka Avenue and it's extension thereof to the centerline intersection with Perry Road, thence generally southerly and westerly along Perry Road to the centerline intersection with Decatur Avenue, thence westerly along the centerline of Decatur Avenue to the centerline intersection with Dewey Street, thence south to the centerline intersection of Rodgers Avenue; Thence southeasterly along the centerline of Rodgers Avenue to the centerline intersection of "T" Street, thence south along the centerline of "T" Street and extension thereof to the Pierhead Line, also being the terminus SECTION 6. Council District No 5 of the City of Bremerton shall include DISTRICT NO.5 That portion of Section 11, 12, 13 and 14, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, and within the Bremerton City limits, more particularly described as follows Beginning at the centerline intersection of Sheridan Road and Schley Boulevard, also being the True Point of Beginning and the Bremerton City limits; thence southerly along the centerline of Schley Boulevard to the centerline intersection with Chestnut Street, thence westerly along the centerline of Chestnut Street to the centerline intersection with Cherry Avenue, thence southerly along the centerline of Cherry Avenue to the centerline intersection with Callahan Drive, thence westerly along the centerline of Callahan Drive to the centerline intersection with Warren Avenue, thence southerly along Warren Avenue to the centerline intersection with 13` Street, thence westerly along said 13`" Street to the centerline 3 Council Districts intersection Chester Avenue, thence southerly along said Chester Avenue to the centerline intersection of 11' Street; thence westerly along said 11 Street to the centerline intersection of Hewitt Avenue, thence southerly along said Hewitt Avenue to the centerline intersection with 6 Street, thence easterly along said 6 th Street to the centerline intersection with said Chester Avenue, thence southerly along said Chester Avenue to the centerline intersection of 5 th Street, thence easterly along said 5 th Street to the centerline intersection with Pacific Avenue, thence northerly along said Pacific Avenue to the centerline intersection of 6th Street, thence easterly along said 6 Street to the centerline intersection of Washington Avenue, thence northerly along said Washington Avenue to the centerline intersection of 11 Street and Highland Avenue, thence northerly and northwesterly along said Highland Avenue to the intersection with the line of ordinary low tide, thence from this point northeasterly to the centerline of the Port Washington Narrows with a line perpendicular to said centerline of Port Washington Narrows, thence northwesterly along said centerline of Port Washington Narrows to the extended centerline extension of Seattle Court, thence northeasterly along said extended centerline of Seattle Court to the centerline intersection with Wheaton Way, thence southeasterly along the centerline of Wheaton Way to the centerline intersection with Schley Boulevard, thence northerly along the centerline of Schley Boulevard to the centerline intersection with Callahan Drive, thence easterly along the centerline of Callahan Drive to the centerline intersection with Fir Avenue, thence southerly along Fir Avenue to the centerline intersection with Maple Avenue, thence northeasterly along the centerline of Maple Avenue to the intersection with the extended centerline of Sunset Lane, thence easterly along said extended centerlme to the Bremerton City limits, thence generally northerly and westerly along said Bremerton City limits to the True Point of Beginning SECTION 7. Council District No 6 of the City of Bremerton shall include DISTRICT NO.6 That portion of Section 10, 11, 14 and 15, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, lying southerly of the Port Washington Narrows waterway, within the Bremerton City limits, and lying northerly of the following described line Beginning at the centerline intersection of 17' Street and the Bremerton City Limits, also being the True Point of Beginning, thence easterly along the centerline of 17 Street to the centerline intersection with Lafayette Avenue, thence southerly along the centerline of Lafayette Avenue to the centerline intersection with 15 Street, thence easterly along the centerline of 15 Street to the centerline intersection with Wycoff Avenue, thence south along the centerline of Wycoff Avenue to the centerline intersection of 13 Street, thence easterly along the centerline of 13 Street to the centerline intersection with Bloomington Avenue, thence southerly along the centerline of Bloomington Avenue to the centerline intersection of 11 Street, thence easterly along the centerline of l l Street to the centerline intersection with Chester Avenue, thence northerly along the centerline of Chester Avenue to the centerline intersection with said 13 Street, thence easterly along said 13 Street to the centerline intersection with Warren Avenue, thence northerly along said Warren Avenue to it's intersection with the centerline of Port Washington Narrows, also being the terminus. 4 Council Districts SECTION 8. Council District No 7 of the City of Bremerton shall include DISTRICT NO.7 That portion of Section 14, 15, 22 and 23, Township 24 North, Range 1 East, Willamette Meridian, situate in Krtsap County, Washington, within the Bremerton City limits, more particularly described as follows Beginning at the centerline intersection of 15 Street and Lafayette Avenue, also being the True Point of Beginning, thence easterly along the centerline of 15 Street to the centerline intersection with Wycoff Avenue, thence south along the centerline of Wycoff Avenue to the centerline intersection of 13 Street, thence easterly along the centerline of 13 Street to the centerline intersection with Bloomington Avenue, thence southerly along the centerline of Bloomington Avenue to the centerline intersection of 11 Street, thence easterly along the centerline of 11 Street to the centerline intersection with Naval Avenue, thence southerly along said Naval Avenue to the centerline intersection with Burwell Street, also known as State Route 304, thence easterly along Burwell Street to the centerline intersection with Anoka Avenue, thence southerly along the centerline of Anoka Avenue and it's extension thereof to the centerline intersection with Perry Road, thence generally southerly and westerly along Perry Road to the centerline intersection with Decatur Avenue, thence westerly along the centerline of Decatur Avenue to the centerline intersection with Dewey Street, thence south to the centerline intersection of Rodgers Avenue, Thence southeasterly along the centerline of Rodgers Avenue to the centerline intersection of "T" Street, thence south along the centerline of "T" Street and extension thereof to the Pierhead Line, thence southeasterly along Pierhead Line to the centerline intersection with the extension of McCollum Avenue, thence northwesterly along said extension and centerline of McCollum Avenue to its centerline intersection with Summit Avenue, thence generally northerly and easterly along said Summit Avenue to the centerline intersection with Rodgers Street, thence easterly along said Rodgers Street to the centerline intersection with Lafayette Avenue, thence northerly along said Lafayette Avenue to the centerline intersection with Patten Avenue, thence generally westerly along said Patten Avenue to the centerline intersection with said Summit Avenue, thence northerly along Summit Avenue to the centerline intersection with said 1 st Street, thence westerly along said 1st Street to the centerline intersection with Marion Avenue, thence northerly along Marion Avenue to the centerline intersection with 6 th Street, thence easterly along said 6 th Street to the centerline intersection with Wilbert Avenue, thence northerly along Wilbert Avenue to the centerline intersection with said 11 th Street, thence easterly along said 11 th Street to the centerline intersection with Krtsap Way, also known as SR 310, thence northwesterly along Krtsap Way to the centerline intersection with Ford Avenue, thence northerly along Ford Avenue and extension thereof to the centerline intersection with said 15 Street, thence easterly along the centerline of said 15 Street to the True Point of Beginning 5 Council Districts SECTION 9. Council District No 8 of the City of Bremerton shall include DISTRICT NO.8 That portion of Section 4, 9, 10, 15, 16, 21, 22, 27 and 28, Township 24 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, within the Bremerton City limits, more lying easterly of the following described line. Beginning at the centerline of Ostrich Bay east of the terminus of Shorewood Drive, also being the True Point of Beginning, thence west to the centerline of Shorewood Drive, thence southerly along the centerline of Shore Drive to the centerline intersection with Kitsap Way, also known as SR 310, thence westerly along the centerline of Kitsap Way to the centerline intersection of Auto Center Way, thence southerly along the centerline of Auto Center Way to the centerline intersection of 6 th Street, thence westerly along the centerline of 6 th Street to the centerline intersection of Pleasant Drive, thence southwesterly along Pleasant Drive to the centerline intersection with Price Road, thence westerly along the centerline of Price Road to the intersection the Bremerton City limits, thence generally southerly and easterly along said Bremerton City limits to the centerline intersection with Werner Road, thence easterly along said Werner Road to the centerline intersection with Union Avenue, thence southerly along said Union Avenue to the centerline intersection with Poindexter Avenue, thence southerly along said Poindexter Avenue to the centerline intersection with Peters Street, thence southeasterly along said Peters Street to the centerline intersection with Humphrey Avenue, thence southerly along said Humphrey Avenue to the centerline intersection with Roosevelt Boulevard, thence westerly along said Roosevelt Boulevard to the centerline intersection with 3` Street, thence southerly along said 3` Street to the intersection with the Bremerton City limits and the terminus And lying westerly of the following described line Beginning at the intersection of the Bremerton City limits and the centerline of Summit Avenue, thence generally northerly and easterly along said Summit Avenue to the centerline intersection with Rodgers Street, thence easterly along said Rodgers Street to the centerline intersection with Lafayette Avenue, thence northerly along said Lafayette Avenue to the centerline intersection with Patten Avenue, thence generally westerly along said Patten Avenue to the centerline intersection with said Summit Avenue, thence northerly along Summit Avenue to the centerline intersection with said l Street, thence westerly along said I S` Street to the centerline intersection with Marion Avenue, thence northerly along Marion Avenue to the centerline intersection with 6 t h Street, thence easterly along said 6 th Street to the centerline intersection with Wilbert Avenue, thence northerly along Wilbert Avenue to the centerline intersection with said 11 Street, thence easterly along said l P h Street to the centerline intersection with Kitsap Way, also known as SR 310, thence northwesterly along Kitsap Way to the centerline intersection with Ford Avenue, thence northerly along Ford Avenue and extension thereof to the centerline intersection with 15 Street, thence easterly along the centerline of 15 Street to the centerline intersection with Lafayette Avenue; thence northerly along Lafayette Avenue to the centerline intersection with 17 Street, thence westerly along said 17 Street to the intersection with the Bremerton City Limits and the terminus 6 Council Districts SECTION 10. Council District No 9 of the City of Bremerton shall include DISTRICT NO.9 That portion of Section 4, 5, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 and 33, Township 24 North, Range 1 East, and Section 13, 14, 22, 23, 24, 25, 26, 27, 28, 34, 35 and 36, Township 24 North, Range 1 West, and Section 1, 2, 11, 12, 13, 14, 15, 22, 23 and 24 Township 23 North, Range 1 West, and Section 4 and 5, Township 23 North, Range 1 East, Willamette Meridian, situate in Kitsap County, Washington, within the Bremerton City limits, lying westerly of the following described line Beginning at the centerline of Ostrich Bay east of the terminus of Shorewood Drive, also being the True Point of Beginning, thence west to the centerline of Shorewood Drive, thence southerly along the centerline of Shore Drive to the centerline intersection with Kitsap Way, thence westerly along the centerline of Kitsap Way to the centerline intersection of Auto Center Way, thence southerly along the centerline of Auto Center Way to the centerline intersection of 6 Street, thence westerly along the centerline of a Street to the centerline intersection of Pleasant Drive, thence southwesterly along Pleasant Drive to the centerline intersection with Price Road, thence westerly along the centerline of Price Road to the intersection the Bremerton City limits, thence generally southerly and easterly along said Bremerton City limits to the centerline intersection with Werner Road, thence easterly along said Werner Road to the centerline intersection with Union Avenue; thence southerly along said Union Avenue to the centerline intersection with Poindexter Avenue, thence southerly along said Poindexter Avenue to the centerline intersection with Peters Street, thence southeasterly along said Peters Street to the centerline intersection with Humphrey Avenue, thence southerly along said Humphrey Avenue to the centerline intersection with Roosevelt Boulevard, thence westerly along said Roosevelt Boulevard to the centerline intersection with 3rd Street, thence southerly along said 3` Street to the intersection with the Bremerton City limits, and the terminus SECTION 11. The City Clerk shall maintain an Official District Map setting forth Council Districts established by this ordinance as set forth in Exhibit "A" attached hereto and by reference incorporated herein, which illustrates the areas included in each City Council District by this ordinance SECTION 12 Sections 1 through 11 of this ordinance shall be effective January 15, 2012 at which time the new City Council Districts established therein shall be formed Pursuant to Section 7 of the Bremerton City Charter, no change in the boundaries of Council Districts shall affect the terms of any Council member Council members shall serve out their terms representing the district for which they were elected even though such change of district boundaries may result in more than one Council member residing in the same district SECTION 13. Severability If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect 7 Council Districts SECTION 14. Effective Date This Ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law PASSED by the City Council the day of , 2011 WILL MAUPIN, Council President Approved this day of , 2011 PATTY LENT, Mayor ATTEST APPROVED AS TO FORM CAROL ETGEN, City Clerk ROGER A LUBOVICH, City Attorney PUBLISHED the day of 1 2011 EFFECTIVE the day of , 2011 ORDINANCE NO R \Legal\Legal \Ordinances \City Council \Council Districts (2011)(revised) doc 8 Council Districts o � L eo �eM m a N La tt , e = Co Veldee Ave ? m " N W coif Ave m r (p w 3 7 Z Sn der e y .1Q Buu S jn dlnS m 2 ft Ave ]s w *04 ic0'a O J�� N (� c 0 c Ce araro St' m lb h a seumed ti St O s m o, P 8JJ eIS 0 � e R cke; Rd N o Q T a W 0 o t a f w Veska e ? 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Ave f Ave S Cambrian Ave N Camb trAv rett-Av� �? — 1 s lve coff N coff Ave S Cal o v \ m to N Cal Ave t Q S West St Montgomery Ave J 1 Mont g r Av Mont a Ave Z St cla St N Rainer A Rai ierAve N Rai erAve an Avey n h S U St U St °°— � m is A itne A OI Sw o < S�rrca v O O N d D is us O N v� 1 e N y tin IS am �, o 00 ve A w cj q e— ewi A Mar ue t d2 H i Av O Pe s 1 nia ve h 03 top �, b 6u oW c " 0 � — o a y S N 3 CD ( a � �. CO) q� De ate ve s a � hi ve y -. .► vt � z y L�nco C7 y CIIDSI Av C 0 Broa n � a A � Broa �. v m Warre Ave V CO) s o t to y s Eli ° VJ A �- i rk ve E N < — Ifl m L rn Dyes Inlet - = City of Bremerton Council Districts 3 jr Dist 8 pop 4212 J I� { e -�� -, �J r' -{-�l 303 / =-' Jl� ISh idan d >�i" ; r - ,;� r E �, - 1r t J -, ?� jf = 1 o �,,,; ;.' Ostrich Bay .�� tJ,�� +( I pick c z�4 i � IC ��, i 1 lt�� � � � � 303 Center a 3 111D r i ILI ` \ yC - `f 71 t JU, lo� -I - 11 Ali St P I r; � 1 ri ; Kitsap Lake o t (S ` _ti _�I_ �� I u 1' 13h�� , Oyster Bay St ti 1' h St'� L 310 z st $t�` � I � ro r-- {C..a :3�."",,,{..{ +,1�" j �{--� � ,,� Farragut Av'= v If AN Sinclair Inlet r City of Bremerton Council Districts w 306 303 Dist 9 pop 4202 e a Ell Cree I-o5ti Creek `yoo 303 a _ U 310 c ❑ J 304 � O e G Creek W Ta 304 It \o� W Sinclair Inlet g C1 160 W 3 o 3 160 a 1 Creek 160 W e ` � `ff ♦ t m e 16 3 � it O s� 0 � Q � dr r 0� aA AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■■ mmmmsmmemmemsemmmmmmeemmemmmmmeemmmmmmmmmmeeemmmmemmmmemmemmeemmmemeeeeemmmemememeeee SUBJECT: Resolution No 315 / Approving Study Session Date 9/14/11 One -way Traffic and Angle Parking on 5 th COUNCIL MEETING Date 9/21/11 Street between Pacific and Washington Department PW &U Avenues Presenter Knuckey /Fridriksson Phone 473 -2376 SUMMARY: The Washington Administration Code requires a resolution to permit angle parking and one -way traffic on City streets, this requirement was discovered subsequent to the implementation of these traffic revisions on 5 th Street A traffic study with the goal of increasing the number of parking spaces on 5 th Street was completed, this study recommends one -way traffic and angle parking ATTACHMENTS: Council Summary, Resolution No3 1 , 5 th Street Parking Study FISCAL IMPACTS (Include Budgeted Amount) The City has expended $9,179 50 to date on 5th Street Traffic revisions, an additional $7,000 is necessary to complete immediate recommendations All work has been funded from the Arterial Street fund APPROVALS: DEPARTMENT DIRECTOR CITY ATTORNEY FINANCE DIRECTOR RECOMMENDED MOTION: Move to pass Resolution No 3151 to approve one -way traffic and angle parking on 5 Street between Pacific and Washington Avenues STUDY SESSION ACTION ❑ Con ent Agenda General Business ❑ Public Hearing COUNCIL PRESIDENT COUNCIL ACTION: ❑ Approve ❑ Deny ❑ able ❑ Continue ❑ No Action Form Updated 4/18/2011 RESOLUTION NO. '3 15 I A RESOLUTION of the City Council of the City of Bremerton, Washington, to modify Fifth Street between Pacific Avenue and Washington Avenue to be an eastbound one -way street and to include angle parking WHEREAS, there is a need for additional on- street parking on Fifth Street between Pacific Avenue and Washington Avenue, and WHEREAS, until recently the public parking spaces on Fifth Street between Pacific Avenue and Washington Avenue consisted solely of parallel parking spaces, and WHEREAS, until recently Fifth Street between Pacific Avenue and Washington Avenue was a two -way street, with vehicular traffic traveling eastbound and westbound, and WHEREAS, BMC 10 04 010 adopts the Model Traffic Ordinance as set out in the Washington Administrative Code (WAC) Chapter 308 -330, and WHEREAS, in order to permit angle parking on a city street, WAC 308- 330- 270(4) requires a resolution by the City after the City's Traffic Engineer has conducted an engineering and traffic investigation, and WHEREAS, in order to create a one -way city street, WAC 308 -330- 270(8) requires a resolution by the City after the City's Traffic Engineer has conducted an engineering and traffic investigation, and WHEREAS, the City Engineer has conducted an engineering and traffic investigation regarding modifying Fifth Street between Pacific Avenue and Washington Avenue to be an eastbound one -way street and to include angle parking, and WHEREAS, changing Fifth Street parallel parking spaces to angle parking spaces would significantly increase the amount of on- street parking spaces on Fifth Street, and WHEREAS, changing the parallel parking spaces to angle parking spaces reduces the area available for vehicular traffic on Fifth Street, making two -way traffic a safety hazard, and WHEREAS, making Fifth Street between Pacific Avenue and Washington Avenue an eastbound one -way street would eliminate the safety hazard, and 1 Fifth Street WHEREAS, the City Council finds that modifying Fifth Street between Pacific Avenue and Washington Avenue to be an eastbound one -way street and to include angle parking increases available public parking spaces on Fifth Street and creates a safer street, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS SECTION 1. Angle parking on Fifth Street between Pacific Avenue and Washington Avenue shall be created as determined by the City Engineer and consistent with the City Engineer's engineering and traffic investigation SECTION2. Fifth Street between Pacific Avenue and Washington Avenue shall be a one -way street, eastbound SECTIONS. Severability If any one or more sections, subsections, or sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Resolution and the same shall remain in full force and effect SECTION4. Effective Date This Resolution shall take effect and be in force immediately upon its passage PASSED by the City Council of the City of Bremerton, Washington this day of , 2011 WILL MAUPIN, Council President APPROVED AS TO FORM ATTEST ROGER A LUBOVICH, City Attorney CAROL ETGEN, City Clerk R U.ega1\Lega1\Reso1ubons\Pubhc Works\5th Street doc 2 Fifth Street Resolution to Approve One -Way Traffic and Angle Parking on 5 Street between Pacific and Washington Avenues Background A request was made to improve parking on 5 Street between Pacific and Washington Avenues for the mutual benefit of local businesses and the Norm Dicks Government Center City staff evaluated the streetscape and revised traffic control and pavement markings to implement angle parking and one -way traffic in the area Subsequent to this work, staff became aware of RCW 308 - 330 -270 which states in part "After an engineering and traffic investigation by the traffic engineer, the local authority may by resolution (4) Determine and declare upon what highways angle parking shall be permitted (8) Determine and declare one -way highways " Upon learning of this requirement, staff contracted with Parametrix to conduct a traffic study in the area - the consultant was directed to recommended traffic revisions to improve parking assuming no traffic revisions had been implemented Four options were identified, • Option One Two -way traffic with parallel parking on both sides • Option Two Two -way traffic with angle parking on one side (this option is not recommended —if the street width remains the same, 30- degree angle parking would be required This would result in a loss of 5 spaces, compared to Option 1) • Option Three One -way traffic with angle parking on one side (for midblock of 5th Street only) • Option Four One -way traffic with angle parking on one side and parallel parking on the other side The preferred alternative is Option Four which would increase parking from a baseline of 27 spaces (the condition prior to the City implementing traffic revisions in July) to 46 spaces This option recommended the parking improvement be implemented in two phases, with the "long term" phase improvement consisting of extending curb returns at both ends of 5 street and integrating landscaping and drainage features The traffic revisions implemented to date are generally Option Three, these improvements increased parking by 8 spaces to 35 spaces total The study concluded parking on 5th Street between Pacific and Washington Avenues cannot be increased without revising traffic to one -way In addition, staff forwarded a questionnaire to all businesses and residents along 4 and 5 Street to see what comments citizens would have for the recent improvements Given a choice of maximizing parking or the ability to travel both ways on 5 Street, 70% of citizens' favored additional parking, with 91% believing improving parking spaces being important to residences and businesses in the area Only 35% of citizens noted their preference for two -way traffic on 5 Street A copy of the questionnaire and a summary of the responses is attached City of Bremerton Resolution to Approve One -way Traffic and Angle Parking on 5'' Street f I � Given the citizen response and recent improvements implemented, staff recommends the following Immediate Revisions Implement the traffic revisions at the east end of 5th at Washington Avenue which consist of permanent installation of wrong way signs (Includes four street poles at $800 each), revising the bollard post radius (reducing the radius), and revising thermoplastic pavement markings to consolidate the lanes as shown on the Figure on page 7 of the traffic study These revisions should reduce the volume of wrong way movements from Washington Avenue onto 5 Street, and will provide the necessary lane width for compliance with the Uniform Vehicle Code and MUTCD Cost = $7,000 Long Term Revisions Implement Alternative 4 from the study — the improvement will increase parking to 46- spaces, Improve ADA access along Washington Avenue, and integrate stormwater Improvements into the streetscape Cost = $50,000 Fiscal Summary The cost to date of revisions implemented on 5 street is $9,179 50 ($6,179 50 for construction, plus $3,000 for the traffic study ) The approximate cost of the recommended Immediate revisions on 5 street is $7,000 Should the Council deny this resolution, It will cost approximately $2,000 to restore the traffic control to Its original condition Funding for traffic revisions on 5 street have and will come from the Arterial Street fund City of Bremerton Resolution to Approve One -way Traffic and Angle Parking on Y Street I S th Street Parking and Traffic Improvement Citizen Questionnaire The City of Bremerton is evaluating the feasibility of implementing permanent changes to improve parking on 5 th Street between Washington and Pacific Avenues The City's desire is to increase the number of available on- street parking spaces while maintaining convenient, safe traffic flow To ensure the revisions meet the needs and preferences of our citizens, we're surveying the residents and businesses on 4 th and 5 th Streets in this area While no improvements are proposed for 4 th Street, it is being included in this survey since, if the one -way flow on 5 th Street is maintained, traffic would circulate between 4 th and 5 th streets regularly Also, 4 th Street has a long history of one -way traffic and input from businesses on 4 Street will be valuable Please complete the questionnaire below and return by September 7, 2011 You may either mail in the survey, or send your response via email to Gunnar Fridnksson, PLS, PE Gunnar fridriksson ()-ci bremerton wa us Interim Managing Engineer — Public Works 3027 Olympus Drive Bremerton WA, 98310 (360) 473 -2354 Question 1 Do you believe the one -way traffic and parking revisions that were made approximately 20- years ago to 4 1h Street have been a benefit or a detriment to the businesses in the area? Question 2 Do you believe improving the number of parking spaces on 5 th Street is important to the residences and businesses in the area? Question 3 Which is more important, having the ability to travel both ways on 5 th Street (going back to two - way traffic) or maximizing the number of parking spaces on 5 th Street? Question 4 Would you personally prefer one -way or two -way traffic on 5 th Street? Additional Comments Name Address 5 th Street Parking and Traffic Improvement Citizen Questionnaire Summary Question 1 Do you believe the one -way traffic and parking revisions that were made approximately 20- years ago to 4 th Street have been a benefit or a detriment to the businesses in the area? Benefit 17 Detrimental 4 Not Applicable /Don't Know 18 Question 2 Do you believe improving the number of parking spaces on 5 th Street is important to the residences and businesses in the area? Yes 33 84% No 3 8% Don't Know 3 Question 3 Which is more important, having the ability to travel both ways on 5 th Street (going back to two - way traffic) or maximizing the number of parking spaces on 5 th Street? Two Way Traffic 9 23% Maximize Parking Spaces 29 74% Either Way 1 3% Question 4 Would you personally prefer one -way or two -way traffic on 5 th Street? One Way Traffic 26 67% Two Way Traffic 9 23% Not Applicable /Don't Know 4 Additional Comments See hard copies MPOCIPOEMRING a PL/aPdM1P1G a MWORO MMENTAL SCOMOMMt3 411 108th AVENUE NE, SUITE 1800 BELLEVUE, WA 98004 -5571 T 425 458 6200 F 425 458 6363 %VWW pammetnx com r ^- - D , MEMORANDUM Date September 6, 2011 To Tom Knuckey, PE !� From John Perlic, PE Ryan Abbotts, AICP Subject 5 Street Parking Improvement Concept PURPOSE The purpose of this project is to evaluate changes to 5` Street in downtown Bremerton between Pacific Avenue and Washington Avenue The concept for 5" Street narrows the local roadway to a single eastbound travel lane and increases the on -street parking supply by adding or modifying angle parking on the north side of the street and adding parallel parking on the south side of the street The increased on- street parking capacity improves access to local business and can improve the walkability and conditions of urban life The study area was divided into 3 roadway section where different on- street parking strategies could be used to increase the amount of parking and consolidate property access Pedestrian and motorist safety can be improved by consolidating property access points Also, urban design treatments such as curb extensions that incorporate water quality improvement options, such as rain gardens, could be included as part of longer -term improvements for 5"' Street The 5"' Street Parking Improvement Concept plan on the following page summarizes the proposed roadway and signing improvements September 2011 5 11 Street Parking Improvement Concept PARKING AND ROADWAY SPACE ALTERNATIVES On- street parking can be configured in a number of ways to increase parking in the public rights of way, but can require additional space compared to roadway configurations providing less parking or less travel lanes Because 5` Street is approximately 40 feet wide (curb to curb), except where the roadway narrows near midblock to approximately 21 feet, and this project is not proposing to widen the roadway, the type of roadway cross - sections are limited An eastbound 5` Street would act as a couplet with 4` Street, which is one -way westbound between Pacific and Washington Avenues The advantage of 4` and 5` Streets as a couplet is the potential reduction in out of direction vehicle travel that could occur with 4` and 5` Streets being the same direction of travel, especially when drivers are circulating to find on- street parking With both 4` and 5` Streets operating as one -way westbound streets, an unbalance in lane capacity is created, making access to commercial and residential buildings on Washington Avenue from the west more difficult During special events in Bremerton, such as the Armed Forces Parade and the Brewfest, Pacific Avenue is closed to vehicle traffic During these events, access to 5` Street could be managed to temporarily permit opposite direction (westbound) travel so that buildings and parking areas could be accessed Four alternative cross - sections that could be considered for 5` Street includes the following (also see the illustration on the next page) • Option One Two -way traffic with parallel parking on both sides • Option Two Two -way traffic with angle parking on one side (this option is not recommended —if the street width remains the same, 30- degree angle parking would be required This would result in a loss of 5 spaces, compared to Option 1) • Option Three One -way traffic with angle parking on one side (for midblock of 5" Street only) • Option Four One -way traffic with angle parking on one side and parallel parking on the other side September 2011 2 5 11 Street Parking Improvement Concept • O © P This configuration would provide O Two -way traffic 27 with parallel parking - parking spaces on 5th Street on both sides ; . a 30- degree configuration would provide Two -way traffic ♦ * © 22 with angle parking r ANGLE PARKING parking spaces on 5th Street on one side Configurations with 45- or 60- degree angled parking were dropped from 30 degree parking 11' 11' 165' consideration because roadway 45- degree parking 11' 13 5' 185, wideni would be red 60 degree parking 11' 18 5' 20' wi g required Q O Cur b-to-Curb This configuration would provide One -way traffic ♦ O 35 with angle parking ANGLE PARKING parking spaces on 5th Street with on one side (mid block only) 60- degree angle parking 60 degree parking 18 5' 20' ® b This configuration would provide One -way traffic 46 with angle parking on one side and ' ANGLE PARKING parking spaces on 5th Street with parallel parking on 45- degree angle parking the other side and parallel parking 45 degree parking 8' 13 5' 18 5' September 2011 3 5m Street Parking Improvement Concept Option One This option would provide two -way traffic with parallel parking on both sides of 5`' Street This configuration is similar to the condition of 5` Street prior to the new midblock south side curb extension and new angle striping This configuration would provide approximately 27 spaces between Pacific Avenue and Washington Avenue Option Two This option would provide two -way traffic with a combination of parallel and angle parking on one side of the roadway, angle parking would be provided midblock Because of the space requirements for 45- and 60- degree angle parking, these options were dropped from consideration because widening of 5` Street would be required One concern for angle parking and two -way traffic is vehicles traveling in the opposite direction of the angle parking could try to enter a parking space This maneuver is not recommended because most drivers need to perform a multi-point turn or may choose to reverse into the parking stall and be facing the wrong -way when exiting To accommodate 45- degree angle parking on 5"' Street, the travel lanes could be narrowed The illustration on the following page is adapted from Dimensions of Parkin Urban Land Institute, and shows narrower travel lanes for a roadway that is 40 feet wide The dimensions were analyzed using the engineering program AutoTurn to evaluate the space required for a passenger car and pickup truck to use angle parking As shown, both the passenger car and pickup would be unable to park by staying within the travel lane regardless of the type of vehicles already parked Drivers would likely swing wide into the on- coming traffic lane in order to enter or exit the parking space without hitting other parked vehicles September 2011 4 5 Street Parking Improvement Concept Vehicles staying in the travel lane would hit other parked vehicles while pulling in or backing out of on- street parking spaces _ MY roadway 1767 - car travel path - e A o 0 - truck travel path - T 12 67' i 966' Vehicles will swing wide into the on- coming traffic lane in order to complete their turn without hitting other parked vehicles 40'roadway 4 O � -- - - - - � 850 17 67' 12 67' -car travel path - „ A -truck travel path 966 LEGEND Parking sizing for 45 degree angle parking a A e e Passenger car (7' x 19') Dimensions of Parking, Urban Land Institute :T Pickup truck (7.25' x 23') Q 1 7 7 N - Space occupied by parked car and truck 10 The Option Two configuration could be provided on 5` Street provided a 30- degree angle was used for the midblock parking spaces This configuration would provide approximately 22 spaces between Pacific Avenue and Washington Avenue Also, the taper from the angle parking section to the narrow roadway section may require some reduction of the curb extension for the north side parking lot September 2011 5 5 1 h Street Parking Improvement Concept Option Three This option would provide one -way traffic with angle parking on one side of the road, this option is similar to the current midblock 5` Street configuration, which provides 60- degree angle parking This configuration regwres 5` Street to remain a one -way street because of the space requirements This option provides about 35 parking spaces between Pacific Avenue and Washington Avenue Option Four This option would provide one -way traffic with angle parking on the north side of 5` Street and parallel parking on the south side By converting the existing 60- to 45- degree angle parking, additional road space could be provided for parallel parking This option provides about 46 parking spaces between Pacific Avenue and Washington Avenue COMPARISON OF ROADWAY CONFIGURATIONS The following section provides a comparison of parking options for 5` Street Because of the narrow rnidblock section, the study area was divided into 3 sections Of the options considered, each of the short term improvements discussed in the following section could be implemented at a relatively low cost for signing, striping and lane channehzation improvements Longer term improvements are recommended to enhance the walkability and character of 5` Street September 2011 6 5 Street Parking Improvement Concept EAST ®F PACRC AVENUE Currently this section of 5` Street provides a total of 10 parallel parking spaces Parallel parking is provided on both sides of 5` Street The current configuration is similar to Option 1 (see above) Because of the curb �' _ s extensions at Pacific Avenue, two -way traffic options would requires , M reconstruction of the roadway to provide parallel parking for this section Short Term Improvements To maximize on- street parking, the north side of 5` Street could be restriped to provide 45- degree angle parking (see concept map and Option 4), this would convert the 4 parallel parking spaces to 6 angle parking spaces Also, ` additional one -way signs and pavement directional arrows could be installed to provide additional guidance to motorists Longer Term Improvements'` Because of the parking setbacks from Pacific Avenue, the City could provide a larger curb extension on the north side This reclaimed road space could be Improvements to S` Streetyust east of used to provide urban design elements such as benches, street trees, lighting Pacific Avenue could add 2 parking and natural drainage features such as a rain garden spaces A curb extension would provide Summary space for urban design elements such as The on -street parking supply on this section could be expanded from 10 a natural drainage feature spaces to 12 spaces and the character of the street could be enhanced with natural drainage features Curb extensions also enhance pedestrian safety by shortening the road crossing distance and making crossing pedestrians more - -- -- - - - - -- V -- -- --- --- - - ---- visible to motorists September 2011 7 Alternative 4: 5th Street Parking Concept j Install curb extension I t with ADA ramps and �� _ i r7 natural drainage feature c L � _ V — ' / Convert to 45 degree Install curb extension r Reconstruct curb to - - / y�' `Y� angle parking and install c � with ADA ramps and remove mountable 1 ! r � , , j parallel parking /loading natural drainage feature curb 1 p ry/ zones on the south curb ss t g t+ J,y � � � _.,, _ _ - 1r�"�"� �� "�1 ��6 ri ra � r� �'t �""'�- .J'TM✓'�-. +'k Lu ONEWAY i Y I c ., �r �, J ONE WAY it A ✓ ' —' —► 5TH STREET a � I r1 Y ; fI -- Approximate location � 3 � -� 4141 ' _ r oN WAV © ofcurb extension w t J -- { Convert open access ' to driveway and r Convert parallel ? p g g �___� restnpeforj Convert to 45 degree angle arkin to 45 de ree _ parallel parking y angle parking 4` parking, one turn lane and i parallel parking /loading i 4 LEGEND il� ' �� Kk zones on the south curb ` s Approximate location of sign j "`v -ys o C1 k l Near term improvements r a ® longer term improvements 7 DRAWING IS NOTTO SCALE n August 2011 8 5 Street Parking Improvement Concept MI®BL®CK ;vn Vr Currently this section of 5` Street provides a total of 20 angle parking spaces (about 60- degrees) on the north side of the roadway (increased parking by ``•�'",,� �'`-� 1j 1 about 8 spaces) A two -way travel configuration could be provided with Si .� � / _ either p arallel p arking or a p arking Because of the s pace requirements 5 P P g g p g P q ;. r for parking areas and travel lanes, 30- degree angle parking could be provided on one side of the roadway (allowing for about 9 parking spaces compared to - SNSI 20 today) Also, additional roadway data would be needed to determine if the lane shift to the narrow roadway section would impact the existing north side curb extension with a two -way roadway with angle parking configuration AP � P az Short Term Improvement ■ U N • GGG To maxirruze on- street narking, the south side of 5"' Street could be _ F reconfigured to provide up to 8 on- street parallel parking spaces This improvement would require restriping the angle parking to 45- degress to provide width for the parallel parking and eastbound travel lane (see Option By consolidating property access on the 4 above) Also, the property on the south side of 5` Street dust west of the south side of S` Street, an additional alley would require access consolidation Currently, the frontage of this parcel is used for private parking, some of which could be in the City of right of spaces could be provided way Access to the remainder of the parcel would remain the same as today, via the alleyways on the east and south portion of the property Also, additional one -way signs and pavement directional arrows could be installed to provide additional guidance to motorists Longer Term Improvements None are proposed for this section Summary The on- street parking supply on this section could be increased from 20 to 25 spaces Parallel parking on both sides is recommended if 5"' Street is converted back to two -way travel September 2011 9 5 +h Street Parking Improvement Concept BETWEEN ALLEY AND WASHINGTON AVENUE Currently, this section of 5` Street provides a total of 5 angle parking spaces on the north side of the roadway The current configuration is similar to Option 2, but with same direction travel lanes Most vehicles would use both - i- • travel lanes to make their parking maneuver Previously, this section provided 3 parallel parking spaces on the north side of the street and 3 travel lanes Short Term Improvement Parallel parking could be provided along the south side of the 5` Street by restriping and consolidating the two eastbound travel lanes The angle parking spaces on the north side of 5` Street could be converted to 45- degree angle parking Because 5` Street is a relatively low volume roadway, the separate right -turn and left -turn lanes could be combined into a Shared turn lane (5` Street and Washington Avenue form a T- intersection) Longer Term Improvements Because the angle parking setbacks from Washington Avenue, the City could provide a curb extension instead of the break -away yellow bollards (see By consolidating the turn lanes adjacent photo) This reclaimed road space could be used to provide urban approaching Washington Avenue, an design elements such as benches, street trees, lighting, and natural drainage additional 4 parking spaces could be features such as a rain garden provided Summary At a minimum, the current configuration should be modified to provide adequate width for the travel lane adjacent to the parking spaces for safety With a configuration similar to Option 1, the on- street parking supply on this section could be expanded from 5 to 9 spaces and the character of the street could be enhanced with natural drainage features Curb extensions also enhance pedestrian safety by shortening the road crossing distance and making pedestrians more visible to motorists September 2011 10 5 1 h Street Parking Improvement Concept MANAGING 5TH STREET During closures of Pacific avenue for special events, the one -way eastbound 5`" Street could be managed to temporarily permit wrong - direction (westbound) travel This temporary condition would maintain access to residences and businesses using 5" Street to access their property On- street parking would be restricted to provide adequate space for two travel lanes, one eastbound and one westbound, which could be marked with traffic cones 5`" Street could be signed to permit local access traffic only to reduce the number of vehicles using the street Restricting on- street parking near Pacific Avenue would provide space for passenger cars and trucks traveling westbound to turnaround Deliveries by larger trucks could find the turn from Washington Avenue to 5`" Street challenging, businesses could be notified when events impacting 5' Street travel occur and could re -route deliveries The number of large truck movements or deliveries impacted by modifying 5" Street during Pacific Avenue closures should be limited because events occur mostly on weekends September 2011 11 5m Street Parking Improvement Concept CONCLUSION The recent improvements to 5`" Street converting the roadway to a one -way eastbound configuration and restriping, provided additional on- street parking However, the section from Washington Avenue west to the alley should be modified to provide adequate width for the travel lane adjacent the parking lane for safety, this could be achieved by restriping to consolidate the travel lanes or converting the angle parking to parallel parking As shown on page 3, Option Two, the recommended width for a two -way roadway with 45- degree angle parking on one side is 43 feet A narrower configuration of the 45- degree angle parking could be implemented to fit within the 40 -foot curb -to -curb width, however, drivers would encroach into the on- coming traffic lane when entering and leaving a parking space (see illustration on page 5) The narrower configuration is a safety concern because drivers are not expecting vehicles to swing into their lane and drivers leaving a parking space may have their view obstructed by other parked vehicles The City should provide additional signage at the 5`" Street/ Washington Avenue intersection as shown on the concept drawing The additional Da Not Enter and IY/rong Vqy signage, marked crosswalk and curb extension, would provide additional notice to drivers that 5" Street is a one -way eastbound roadway Placing right -turn only pavement markings in addition to the one -way arrows provided at the driveway would also help to turn drivers east when turning onto 5`" Street By implementing the short term improvements, the amount of on- street parking on 5`" Street between Pacific Avenue and Washington Avenue could be increased by 13 spaces The longer term improvements would also provide some urban design, pedestrian and natural drainage elements that could enhance the walkability and livability of this area September 2011 12