HomeMy WebLinkAbout04/10/2024 STUDY SESSION AGENDA PACKET______________________________________________________________
CITY COUNCIL 345 6th Street, Suite 100, Bremerton, WA 98337 Phone (360) 473-5280
WEDNESDAY, APRIL 10, 2024
CITY COUNCIL HYBRID STUDY SESSION AGENDA
Starting at 5:00 PM in Council Conference Room 603
Council Conference Room 603 will be open to the public to attend the Study Session in-person, but there
will be no opportunities for input. However, public questions or comments may be submitted at any time to
City.Council@ci.bremerton.wa.us. Please remember that the content of the Agenda Bill items is subject to
change; and no action at the Study Session is anticipated. If approved by the Council, these items will be
placed on the April 17, 2024 City Council Meeting Agenda, or as indicated…
Members of the public may click the link below to join the webinar:
https://bremertonwa-gov.zoom.us/j/8738266756?pwd=ZWlMVnVYbFBHYjY5U1RJUmFreDFXUT09
Or One tap mobile:
US: +12532050468,,87318266756#,,,,*857582# or +12532158782,,87318266756#,,,,*857582#
Or Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 253
205 0468 or +1 253 215 8782 or +1 346 248 7799 or +1 669 444 9171 or +1 669 900 6833
Webinar ID: 873 1826 6756
Passcode: 857582
A. INFORMATION ONLY
1. State of the Bremerton Municipal Court Update – Judge Tracy Flood and Court Administrator
Christina Rauenhorst
B. BRIEFINGS ON AGENDA BILL ITEMS
1. Interlocal Agreement between Bremerton Fire Department, Poulsbo Fire Department, Central
Kitsap Fire & Rescue, South Kitsap Fire & Rescue, and North Kitsap Fire & Rescue for
Darkhorse Data Analytics Program
2. Approval to submit Staffing for Adequate Fire & Emergency Response Grant Application
through the Federal Emergency Management Agency
3. Resolution to place a continuation of the Emergency Medical Care & Service Tax Levy for a
six-year period on the August 6, 2024 Ballot
4. Contract with SAK Construction, LLC for the 2024 Sewer Rehabilitation Project
5. Resolution to endorse the Warren Avenue Bridge Multimodal Project Preferred Design
Alternative
C. GENERAL COUNCIL BUSINESS
1. Warren Avenue Bridge Multimodal Improvements Project Funding Discussion – Council
President Jennifer Chamberlin
2. Lodging Tax Advisory Committee Briefing (Last Meeting 3/28/2024) – Chair Denise Frey
3. Public Safety Committee Briefing (Last Meeting 4/4/2024) – Chair Denise Frey
4. Regional and Other Committee/Board Briefings
5. Other General Council Business (As necessary, and as time allows…)
D. ADJOURNMENT OF STUDY SESSION
Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk’s Office at (360) 473-5323 at least 24 hours prior to the meeting.
Form Created 5/4/15
INFORMATION ONLY ITEM
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: State of the Bremerton
Municipal Court Update
Study Session Date: April 10, 2024
Presenter: Judge Tracy Flood
Phone: (360) 473-5215
SUMMARY: State of the Court’s presentation with slides covering 2023 to present.
HANDOUTS: PowerPoint – Community Court trifold and flyer for Resource fairs
STUDY SESSION AGENDA: ☐ No Presentation ☒ Full Presentation
A1
State of the Court
April 10, 2024
CITY OF BREMERTON MUNICIPAL COURT
A1
Separation of Powers
1.The enactment of the making of laws.
2.The interpretation of these laws and
3.Their enforcement
•GR 29 ) Judicial Independence and Administration of the Court. The court is an independent branch of government. The judge shall supervise the daily operations of the court and all personnel assigned to perform court functions in accordance with the provisions of GR 29(e) and (f), and RCW 3.50.080. Under no circumstances should judicial retention decisions be made on the basis of a judge’s or a court’s performance relative to generating revenue from the imposition of legal financial obligations.
•The Bremerton Municipal Court is the Judicial Branch-it is not a Department and cannot be a department by law. Article IV of the constitution-Judiciary and GR29
Separation of Power-GR 29
•(e) General Responsibilities. The Presiding Judge is responsible for leading the management and administration of the court’s business, recommending policies and procedures that improve the court’s effectiveness, and allocating resources in a way that maximizes the court’s ability to resolve disputes fairly and expeditiously. (f) Duties and Authority. The judicial and administrative duties set forth in this rule cannot be delegated to persons in either the legislative or executive branches of government
•. A Presiding Judge may delegate the performance of ministerial duties to court employees; however, it is still the Presiding Judge's responsibility to ensure they are performed in accordance with this rule. In addition to exercising general administrative supervision over the court, except those duties assigned to clerks of the superior court pursuant to law, the Presiding Judge shall: (1) Supervise the business of the judicial district and judicial officers in such manner as to ensure the expeditious and efficient processing of all cases and equitable distribution of the workload among judicial officers;
Structure of the Bremerton Criminal Justice System
City Council City Mayor Municipal Court Judge
Police Department
KC Jail
City Attorney
Prosecutor
Asst. Prosecutor
Probation
Criminal Justice System Process
Bremerton Citizens
End
City Council (Laws, Policy) Council
•Enacts Laws
•Sets Policy
POLICE
911
Investigate PROSECUTOR
Files Charges
Represents City in Court
Incident
End
COURT
Adjudicates Cases
•Guilty
•Not Guilty
Imposes Sentence
Supervises Probationers
End
Our Team BMC •
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Types of Crimes
•Domestic Violence
•30% of non-traffic criminal filings
•Assault
•Malicious Mischief (destroying property)
•Violation of No Contact Order
•Violation of Protection Order
•Harassment
•DV in the Presence of a Minor Child
•Drug Offense 2024
Possession and Public use
Types of Crimes (Cont’d)
•Traffic Crimes
•DUI/Physical Control
•Driving With License Suspended
•1st, 2nd, & 3rd Degree
•Reckless Driving/Racing
•Negligent Driving
•Quality of Life/Property Crimes
•Theft
•Criminal Trespass (1st and 2nd degree)
•Forgery
•Possession of Drug Paraphernalia
•Possession of Marijuana
•All misdemeanors and gross misdemeanors n the city limits
Types of Defendants
•The criminal defendants we see for misdemeanors
in Bremerton Municipal Court range from the first
time offender to the hardened felon
•Increasing issue –defendants with addiction, untreated mental
illness, co-occurring disorder
•The infraction defendants are your average
otherwise law-abiding citizens
•Also includes people we see for crimes (no prosecutors)
Types of Infractions
•Traffic
•Large variety (Speeding, Stop Sign/Stop Light, No Insurance, etc.)
•Photo Enforcement
•Vehicle Impound
•Parking
•Animal Control
•Dogs at Large
•Licensure violations
•Vicious dogs
•Code Compliance
•Disabled Vehicles
•Yard Waste
•Other Nuances
•Non-Permit Building
Judicial Time and Resources
•Most judicial time is spent on criminal cases in court and
out of court (warrants and pc review on weekends)
•Infractions usually require one hearing (interpreter
matters two)
•Criminal matters require multiple hearings
•Arraignment
•Pre-Trial
•Motions
•Readiness
•Trial
•Post Conviction-Compliance-Probation Reviews/Violations-
Motion –ARR; Fact-Finding-hearing
Other Hearings
•Motions to Vacate
•Blake Motions-LFO’s
•Motions to Remit-includes both criminal and civil
•Motions to Modify or Recall (NCO’s)
Constitutional Protections
•Criminal matters are more serious by definition
•Criminal matters affect liberty interests
•We must respect and enforce constitutional rights
•Right against Unlawful Search/Seizure (4th
Amendment)
•Right against Self-Incrimination (5th Amendment)
•Right to Counsel (6th Amendment)
•Right to a Jury Trial (6th Amendment)
•Right to A Speedy Trial (6th Amendment)
•Right to Hear and Question Witnesses and Challenge Evidence (6th Amendment)
Bremerton Municipal Court
Hours of operation:
•Closed for Lunch 12:15-1:15pm Mondays, Wednesdays and Fridays
•Court opens at 8am
•Tuesdays and Thursdays
•Court opens at 745am
•Mondays-Thursdays close at 430pm
•Fridays close at 4pm
Judicial Time in Court
Day of Week AM Court 1 AM Court 2 PM Court 1 PM Court 2
Monday In-Custody Reviews
Compliance
and
Dismissals
Fact-
Findings
Motions-
MTR
Tuesday In-Custody Community
Court
Interpreter-
Pretrials-
ARR -
Compliance
Pre-Trials
Motions
Wednesday In -Custody Arraignments Pre-Trials Pre-Trials
Thursday In-Custody Jury Trials Infractions
Jury Trials
Infractions
Jury Trials
Friday In-Custody Readiness/
Warrant
Quash-
Motions
Jury Trials Jury Trials
Judicial Time Out of Court
•Search Warrants
•Saves police time with us right here
•24/7/365
•Weekend Probable Cause Determinations
•Cannot hold defendant in jail more than 48 hours without PC
•File review/preparation
•Legal research
•Ex Parte Motions
•Infraction hearings by mail
•Court Administration
•Statewide involvement
•Workload for our court is for 1.38 Judges per AOC-we have with the 1 day commissioner 1.25
CHANGES THAT MAKE A DIFFERENCE
The Impact of COVID
Continues
•Access to Justice
•Remote Hearings-Jail Calendar
•Ocourts-Updated Website
•Courthouse Zoom Access
•Returning to in person hearings
•Public Defense
•Interpreter Calendars-MAM, Spanish, Chinese, Russian
•Court Upgrades completed
•New Computers
•New Monitors
•Microphone
•Portable handheld
•Wireless
•AV Media cart
•Virtual Court Access via Zoom
•Collections process streamlined for
electronic payments
•Kitsap County Jail Virtual & Transports
•Federal Jury Bias Introduction Video
•O-Court Software Updates
Our Primary Impediments
•Once someone is adjudicated as guilty in a criminal case…
•Defendants need to change their behavior/choices
•We can order them to do things, but we must ultimately rely upon the will of the
defendant to choose better behavior
•We see success on a daily basis, but…
•Despite efforts, recidivism also occurs on a daily basis for a variety of
reasons
•Drugs
•Alcohol
•Mental illness
Bremerton Municipal Community Court
Healing the community by healing
the individual.
Bremerton’s Therapeutic Court
addresses Mental Health and
Substance Abuse. The only
Municipal Court in Kitsap with a
Community Court focused on
restorative justice, accountability,
and providing resources.
How is community court different from
the traditional court?
•Puyallup Community Court
Traditional Court Community Court
Adversarial vs Collaborative
Directive vs Supportive
Punitive vs Restorative
Treating the symptoms vs Solving the problems
Mental Health and
Substance Abuse
•Response to Mental Health Crisis
•Public Safety
•Reduce Incarceration
•Connect Defendants to Mental Health
Services
•Connections to Treatment Facilities
•Stability
•Resources Fairs
•Treating the individual
Much To Be Proud Of
First Countywide Youth
and Law Forum
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A new perspective on accountability.
•Barriers to Accessing Alternatives
•Case Management
•Alternatives to Confinement
•Electronic Home Monitoring (EHM)
•Transdermal Alcohol Monitoring (TAD)
Community
Connections
•Judicial Community
•District & Municipal Court Judges
Association Board
•Therapeutic Courts Board
•Diversity Board
•Law Day Committee
•Court Security Training
•Constitution Day
•Mock Trials
•Judges in the Classroom
Outreach in Community
Swearing In-Community Outreach
Honors and Recognition Judge Tracy Flood
•Continued expansion of therapeutic programs
•Increased access to jail alternatives
•Reorganization to meet needs within the
community
•Community Resource Fairs
•Countywide Youth and Law Forum
•Security and safety
Staying Ahead of the Curve
BREMERTON MUNICIPAL COURT
Thank you for your time!
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 10, 2024
Interlocal Agreement between Bremerton Fire
Department, Poulsbo Fire Department,
Central Kitsap Fire & Rescue, South Kitsap
Fire & Rescue, and North Kitsap Fire &
Rescue for Darkhorse Data Analytics
Program
COUNCIL MEETING Date: April 17, 2024
Department: Fire
Presenter: Chief Pat McGanney
Phone: (360) 473-5480
SUMMARY:
All the involved departments wish to mirror data assembly, data aggregation, data storage, and data
display through combined resources including a Data Warehouse, Vendors, Software (Darkhorse,
etc.) and other services to accomplish the analytics functions that are required to support all
Agencies operations and business.
ATTACHMENTS: PowerPoint and ILA
FISCAL IMPACTS (Include Budgeted Amount): The first year’s cost is $25,000. This cost will be
covered by left over radio alerting project funds at Kitsap 911.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to approve the Interlocal agreement between Bremerton Fire Department, Poulsbo Fire
Department, Central Kitsap Fire and Rescue, South Kitsap Fire and Rescue and North Kitsap Fire
and Rescue for data analytics program Darkhorse; and authorize the Fire Chief to execute the
agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
B1
ANALYTICS PROGRAM SERVICES INTERLOCAL AGREEMENT
This Interlocal Agreement (“Agreement”) is entered into by Poulsbo Fire Department (“Poulsbo”) and
Central Kitsap Fire and Rescue, (“Central Kitsap”) and South Kitsap Fire and Rescue (“South Kitsap”) and
North Kitsap Fire and Rescue (“North Kitsap”) and Bremerton Fire Department (“Bremerton”) under the
authority of the Interlocal Cooperation Act, R.C.W. Chapter 39.34. Poulsbo, South Kitsap, North Kitsap,
Bremerton and Central Kitsap are individually a "party” and collectively the “parties”.
WHEREAS, the Parties are committed to providing adequate data, information, and analytics program
services to their respective jurisdictions, and;
WHEREAS, the Parties have engaged in joint data, information, analytics projects to date; and
WHEREAS, the Parties recognize the benefits of cooperation and collaboration in delivering high- quality
analytics program services to their staff to support quality decision support.
NOW, THEREFORE, in exchange for the mutual promises contained herein the Parties hereby agree as
follows:
1. PURPOSE
1.1 The purpose of this Agreement is to provide the sharing of existing, and expanding,
analytics resources between the Parties.
1.2 The Parties intend to mirror data assembly, data aggregation, data storage, and data
display through combined resources including a Data Warehouse, Vendors, Software
(Darkhorse, etc.) and other services to accomplish the analytics functions that are
required to support the Agencies operations and business.
2. SCOPE OF COOPERATION
2.1 Hardware, Software, and Services: The Parties will share in the construction, cost,
and maintenance of the existing hardware, software, and services.
2.2 Data Analytics: The Parties will share a single Data Analytics vendor across all organizations.
3. RESPONSIBILITIES OF THE AGENCIES
3.1 In performing under this Agreement the Parties shall:
3.1.1 Make available their data and information that will be required for various analysis
work that is needed to benefit its Party or the combined Agencies.
3.1.2 Participate in annual planning sessions, setting the direction for the coming
years analytics project workload.
3.1.3 Maintain the necessary hardware, software, services, and staff to maintain the
intent of the Analytics Program Services required by the Agencies.
4. FISCAL ARRANGEMENTS
4.1 Central Kitsap shall be the entity that manages the finances of the Analytics Program. As
such, Central Kitsap shall invoice each party annually for their equally allocated portion of
the fees described in Section 6 and 7 of the Amended Scope of Work Agreement between
Central Kitsap and Darkhorse Emergency Corporation attached hereto as Appendix A.
4.2 Invoice amounts are expected to be $25,000 from each participating agency in year 1 and
$10,000 each year thereafter (excluding Central Kitsap) for the remaining term of the
agreement. Parties agree to remit payment to Central Kitsap within 30 days of the invoice
date.
4.3 In the event Fire Chiefs from each Party determine, during the course of the year, that
additional expenditures or contributions from one or more participating Agencies are
necessary, the Fire Chiefs from each Party shall make a recommendation/request to the
appropriate Party.
5. RESOURCE SHARING
5.1 The Agencies may explore opportunities for resource sharing, subject to availability, to
support the Analytics Program. This may include sharing equipment, materials, personnel,
and other necessary resources mutually agreed upon.
6. PERSONNEL
6.1 Initially, all Analytics Program Services will be provided by Central Kitsap.
6.2 To the extent this Agreement would result in any personnel changes that affect wages,
benefits, or working conditions of any represented employees, the Fire Chiefs from each
Party shall assist the governing body of the affected employing Party and affected
bargaining unit to address such impacts prior to the implementation of the change.
7. TERM AND TERMINATION
7.1 This Agreement shall commence on the Effective Date and shall remain in effect for a
period of five years (or the term of the DarkHorse Contract entered into by Central Kitsap
Fire and Rescue) unless terminated earlier as provided herein.
7.2 Parties may terminate their participation in this Agreement by providing written notice of
termination to the other Parties, with a notice period of 12 months prior to the intended
termination date.
8. NOTICES All notices, requests, demands, and other communications required by this agreement
shall be in writing. Notices to the City shall be directed to the Poulsbo Fire Chief, Notices to
Central Kitsap shall be directed to the Fire Chief, Notices to South Kitsap shall be directed to the
South Kitsap Fire Chief
9. ADMINISTRATION
9.1 This agreement shall be jointly administered by the Poulsbo Fire Chief, South Kitsap Fire
Chief, Central Kitsap Fire Chief, North Kitsap Fire Chief, and Bremerton Fire Chief.
9.2 Spirit of Cooperation. Poulsbo, South Kitsap, North Kitsap, Bremerton and Central Kitsap
joint goal is to work with one another at all times in an open, reasonable, and fair manner,
and in a spirit of mutual cooperation, so any disagreements, or potential disagreements,
that arise between them regarding any aspect of the subject matter of this Agreement may
be settled as quickly and fairly as possible.
9.3 Pursuant to R.C.W. 39.34.040, this agreement shall be recorded posted on each
department’s websites.
9.4 Property. The Parties do not anticipate the acquisition of property for the performance of
this Agreement and any property acquired by a Party during this Agreement shall be held
by and remain the property of the acquiring Party.
10. INSURANCE / INDEMNIFICATION
10.1 Each Party shall maintain in good standing during the term of this Agreement adequate
general liability insurance to protect against losses and risks arising out of or related to the
Services provided under this Agreement in such amounts as are prudent and customary for
the jurisdiction.
10.2 To the extent of its comparative liability, each Party agrees to indemnify, defend, and hold
harmless the other Party, and the other Party’s elected and appointed officials, employees,
agents, and volunteers (and their marital communities) from and against any and all
claims, damages, losses, and expenses, including but not limited to court costs, attorneys
fees, and alternative dispute resolution costs, for violation of any law applicable to a Party,
any violation of those policies and procedures adopted by the Parties to accomplish the
purposes of this Agreement, any personal injury, or any bodily injury, sick disease, or
death, and for any damage to or destruction of any property (including the loss of uses
therefrom) which are alleged or proven to be caused by an act or omission, negligent or
otherwise, of the Party, its elected and appointed officials, employees, agents, or
volunteers (and their marital communities).
10.3 A Party reserves the right, but shall have no obligation, to participate in the defense of any
claim, damages, losses or expenses and such participation shall not constitute a waiver of
the Party’s indemnity obligations under this Agreement.
10.4 All indemnity obligations shall survive the completion, expiration or termination of this
Agreement.
11. NONDISCRIMINATION. No Party will discriminate against any person on the basis of race, color,
creed, religion, national origin, age, sex, marital status, sexual orientation, veteran status,
disability, or other circumstance prohibited by federal, state, or local law, and shall comply with
Title VI of the Civil Rights Act of 1964, P.L. 88-354 and Americans with Disabilities Act of 1990 in
the performance of this Agreement.
12. GOVERNING LAW, VENUE, FEES. The Agreement will be governed in all respects by the laws of
the State of Washington, both as to interpretation and performance, without regard to conflicts
of law or choice of law provisions. Any action arising out of or in connection with the Agreement
may be instituted and maintained only in a court of competent jurisdiction in Kitsap County,
Washington or as provided by RCW 36.01.050. Should any Party bring any legal action, each
Party in such action shall bear the cost of its own attorney’s fees and court costs.
13. COMPLIANCE WITH LAWS. The parties shall comply with all applicable laws, rules and regulations
pertaining to them in connection with the Services provided and matters covered in the
Agreement.
14. NO JOINT VENTURE. Nothing contained in this Agreement shall be construed as creating any type
or manner of partnership, joint venture, or other joint enterprise between the Parties.
15. IMPLIED CONTRACT TERMS. Each provision of law and any terms required by law to be in the
Agreement are made a part of the Agreement as if fully stated in it.
IN WITNESS WHEREOF, the Agencies have caused this Addendum to be duly executed as of the Effective
Date first above written.
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 10, 2024
Approval to submit Staffing for Adequate
Fire & Emergency Response Grant
Application through the Federal Emergency
Management Agency
COUNCIL MEETING Date: April 17, 2024
Department: Fire
Presenter: Chief Pat McGanney
Phone: (360) 473-5480
SUMMARY:
The Fire Department would like to apply for a Staffing for Adequate Fire and Emergency Response
(SAFER) through FEMA for six (6) fire personnel. The grant details have not been released yet.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount): The permanent fund for this grant would be
subject to the passage of the up coming EMS levy renewal.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to authorize the Fire Department to submit a SAFER grant application through FEMA.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
B2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 10, 2024
Resolution to place a continuation of the
Emergency Medical Care & Service Tax
Levy for a six-year period on the August 6,
2024 Ballot
COUNCIL MEETING Date: April 17, 2024
Department: Fire
Presenter: Pat McGanney, Fire
Chief
Phone: (360) 473-5380
SUMMARY:
The Bremerton Fire Department provides Emergency Medical Care to the citizens of Bremerton. The
“Rescue One” program is funded through a property tax of $.50 per thousand of assessed valuation.
This property tax must be renewed every 6 years. This is not a new tax, but a continuation otherwise
the funding stops.
ATTACHMENTS:
Resolution
FISCAL IMPACTS (Include Budgeted Amount): This property tax generates approximately 2.2
million dollars. Failure to pass the levy would jeopardize the paramedic program.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to adopt Resolution No. _____ to place on the August 6, 2024 ballot, a continuation of the
Emergency Medical Care and Service Tax levy for a six (6) year period.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
B3
The current EMS levy will expire on 12/31/2025. If we do not renew this levy, we will lose 2.2
million dollars that currently help fund the fire department paramedic program. The fire
department is requesting to restore the levy back to .50 cents per thousand of assessed
evaluation. The goal is to run the levy a year early, one to help support the addition of the new
positions and two it will give us a year buffer if the levy were to fail, to come up with another
plan. The current levy rate is .37 cents per thousand of assessed evaluation. The increase of .13
cents will add approximately $815,000 in additional revenue per year. This additional funding
will support the hiring, outfitting, and training of five new positions. Three positions would be
Firefighter/EMT’s, and the other two positions would be a Firefighter/Paramedic’s. These
additional positions would allow the fire department to staff an additional response unit 24/7.
Poulsbo Fire and North Kitsap Fire will be running theirs EMS Levy at the same time.
The resolution will need to be to the County by May 10, 2024.
1
EMS Levy 2024
RESOLUTION NO. ____
A RESOLUTION of the City Council of the City of
Bremerton, Washington setting forth a property tax levy to fund
emergency medical services for submission to the voters of the City
for approval and ratification or rejection at the primary election to
be held on August 6, 2024.
WHEREAS, it is deemed necessary to the public health, safety and welfare that the
City of Bremerton (the “City”) provide emergency medical care and emergency medical treatment
to its citizens; and
WHEREAS, the Fire Department of the City of Bremerton is in need of monetary
funds for present and future funding to continue its emergency medical services; and
WHEREAS, the City currently has a six (6) year emergency medical services levy,
and the levy rate has fallen from $0.50 per $1,000 of assessed value to $0.37 per $1,000 of assessed
value; and
WHEREAS, a property tax levy would perpetuate and enhance the Bremerton
emergency medical services program by funding personnel costs, training and related equipment,
supplies, vehicles, and structures needed for the provision of such care or services not including
the costs of transportation to and from medical treatment facilities; and
WHEREAS, RCW 84.52.069 provides for the levy of regular property taxes in an
amount not to exceed $0.50 per $1,000 of assessed valuation if such increased levy is for six years
or less, replaces a levy and is authorized by a ballot proposition approved by a majori ty of the
voters at an election held within the taxing district; and
WHEREAS, in order to replace the current levy that expires in 2025, the City
Council has determined that it is in the best interest of the City and its residents to submit a
proposition under RCW 84.52.069(2) to the voters for their approval or rejection; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Purpose and Description of Ballot Proposition. For the purposes
identified below, the Council seeks voter approval under RCW 84.52.069(2) for a regular property
tax levy, as follows:
(a) Purpose. The amounts collected in 2025 through 2030 pursuant to the
increase authorized shall be used solely to provide medical care and emergency services in the
City.
2
EMS Levy 2024
(b) Maximum Levy Rate Authorized in 2025-30. The proposition would
authorize a regular property tax levy of $0.50 or less per $1,000 of assessed value for levy
beginning in 2020 through 2025 and to be collected in 2025 through 2030. If the proposition
passes, the City will levy the tax to be collected in 2025 under this new proposition and not under
the proposition approved in 2019.
SECTION 2. Calling of Election and Ballot Proposition. The Auditor of Kitsap
County, Washington (the “Auditor”), as ex officio supervisor of elections, is hereby requested to
call and conduct an election in the City, to be held in conjunction with the primary election on
August 6, 2024, and to submit to the voters of the City a proposition in substantially the following
form.
THE CITY OF BREMERTON
PROPOSITION NO. 1
EMERGENCY MEDICAL CARE AND SERVICES TAX LEVY
The City Council of the City of Bremerton adopted
Resolution No. ___ concerning a regular property tax levy under
chapter 84.52 RCW. Will the City be authorized to impose regular
property tax levies of $0.50 or less per $1,000 of assessed valuation
for each of six consecutive years (2025-2030) to continue financing
emergency medical care and services?
Yes______ No ______
SECTION 3. Notices Relating to Ballot Proposition. For purposes of receiving
notice of the exact language of the ballot proposition required by RCW 29A.36.080, the Council
designates the City Clerk (or his/her designee) as the individual to whom such notice should be
provided.
SECTION 4 Authorization to Deliver Resolution and Perform Other Necessary
Duties. The City Clerk is authorized and directed, no later than May 10, 2024, to certify a copy of
this Resolution to the Auditor and to perform such other duties as are necessary or required by law
to the end that the proposition described herein should appear on the ballot at the general election
identified in Section 2 of this resolution.
SECTION 5. Local Voters’ Pamphlet Authorized. The preparation and
distribution of a local voters’ pamphlet providing information on this ballot proposition is hereby
authorized. The pamphlet shall include arguments advocating approval and disapproval of the
ballot proposition. In accordance with RCW 29A.32.280 or with rules of the County Auditor,
committees to prepare arguments advocating approval and disapproval of the measure shall be
appointed by Fire Chief. Each committee shall be composed of not more than three persons, and
the committee advocating approval shall be composed of persons known to favor the ballot
proposition and the committee advocating disapproval shall be composed of persons known to
oppose the ballot proposition. The City Clerk is authorized to post publicly and accept nominations
for the pro and con committees, and if more than three individuals are nominated for either side, to
3
EMS Levy 2024
select the committees by randomly drawing three names from each pool of nominations. Names of
committee members so selected shall be forwarded to the appropriate County officials.
SECTION 6. Severability. If any or 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 7. Changes. The City Attorney is authorized to make such minor
adjustments to the wording of such proposition as deemed appropriate or as may be recommended
by the Kitsap County Auditor and its Supervisor of Elections, as long as the intent of the
proposition remains clear and as approved by the City Council.
SECTION 8. 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 ______________, 2024.
JENNIFER CHAMBERLIN,
Council President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 10, 2024
Contract with SAK Construction, LLC for the
2024 Sewer Rehabilitation Project
COUNCIL MEETING Date: April 17, 2024
Department: Public Works & Utilities
Presenter: David Powell
Phone: (360) 979-7682
SUMMARY: The project will rehabilitate 6986 lineal feet of sanitary sewer and 303 lineal feet of
storm sewer using the cure-in-place-pipe (CIPP) method. The project also includes approximately
7000 lineal feet of cleaning and video inspection of additional pipe in support of future lining projects.
The pipes range in size from 8-inch to 24-inch diameter.
Two bids were submitted, which were opened on March 27, 2024. The lowest responsive,
responsible bid was SAK Construction, LLC who submitted a bid in the amount of $843,264.32
including sales tax.
Although SAK has not worked with the City in the past, their project manager has done work for the
City on our CIPP project in 2022 when he was with another contractor. SAK provided project
references for similar CIPP projects from 2019, 2021, and 2023. Based on review of their references,
staff believes SAK can successfully complete this work.
ATTACHMENTS: 1. Contract; 2. Location Map; and 3. Bid Tabulation
FISCAL IMPACTS (Include Budgeted Amount): The budget amount in the 2023 Wastewater
Capital Budget and Stormwater Capital Budget for this project is $900,000 and $250,000
respectively.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION: Move to award the contract for the 2024 Sewer Rehabilitation project to
SAK Construction, LLC in the amount of $843,264.32, including sales tax, and authorize the Mayor to
finalize and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 01/02/2018
B4
2024 SEWER REHABILITATION Final
MARCH 2024 27
CONTRACT
(Page 1 of 3)
THIS AGREEMENT is dated the day of in the year 2024 by and between City
of Bremerton (hereinafter called CITY) and
CITY and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth,
agree as follows:
ARTICLE 1. WORK.
CONTRACTOR shall complete the WORK as specified or indicated in the CITY's Contract
Documents entitled 2024 Sewer Rehabilitation
ARTICLE 2. CONTRACT TIMES.
The WORK shall obtain Substantial Completion within 135 calendar days of the Notice to
Proceed. Time is of the essence as to each and every deadline set forth in this agreement.
This provision has been specifically negotiated.
ARTICLE 3. LIQUIDATED DAMAGES.
CITY and the CONTRACTOR recognize that time is of the essence for this Agreement and
that the CITY will suffer financial loss if the WORK is not completed within the time specified
in Article 2 herein, plus any extensions thereof allowed in accordance with Section 1-08.8 of
the Standard Specifications which may be modified by the Special Provisions. They also
recognize the delays, expense, and difficulties involved in proving in a legal proceeding the
actual loss suffered by the CITY if the WORK is not completed on time. Accordingly,
instead of requiring any such proof, the CONTRACTOR shall pay the CITY liquidated
damages in the amount of $1200 per day after the date of Substantial Completion.
ARTICLE 4. CONTRACT PRICE.
CITY shall pay CONTRACTOR for completion of the WORK in accordance with the
Contract Documents in the amount set forth in the Bid Proposal, which shall include sales
tax as provided in Section 1-07.2 of the Special Provisions.
ARTICLE 5. PAYMENT PROCEDURES.
CONTRACTOR shall submit Applications for Payment in accordance with Section 1-09.9 of
the Standard Specifications which may be modified by the Special Provisions. Applications
for Payment will be processed by ENGINEER as provided in the Special Provisions
_____________________
Contractor Initials
SAK Construction, LLC (hereinafter
called CONTRACTOR).
2024 SEWER REHABILITATION Final
MARCH 2024 28
CONTRACT
(Page 2 of 3)
ARTICLE 6. CONTRACT DOCUMENTS.
The Contract Documents which comprise the entire agreement between CITY and
CONTRACTOR concerning the WORK consist of this Contract and the following which are
either attached or incorporated herein by reference:
-Notice Inviting Bids,
-Bidders Checklist,
-Bid Proposal including the Proposal Forms, Information Required of Bidder, Bid Bond,
and all required certificates and affidavits,
-Performance Bond,
-Payment Bond,
-Standard Specifications,
-Amendments to the Standard Specifications,
-Appendices,
-Special Provisions,
-Contract Plans,
-Addenda numbers _____ to _____, inclusive.
-Change Orders which may be delivered or issued after Effective Date of the Agreement
and are not attached hereto.
There are no Contract Documents other than those listed in this Article 6. The Contract
Documents may only be amended by Change Order as provided in Section 1-04.4 of the
Standard Specifications which may be modified by the Special Provisions.
ARTICLE 7. INDEMNIFICATION.
The CONTRACTOR and CITY acknowledge and agree that they have negotiated the
following in accordance with the requirements of RCW 4.24.115 and the CONTRACTOR
specifically waives his immunity under industrial insurance under Title 51 RCW. To the
fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify,
defend, and hold harmless the CITY, ENGINEER, their consultants, sub consultants, and
the officers, directors, employees, and agents of each and any of them, against and from
any and all claims, injuries, damages, losses or suits, including all legal costs and attorney
fees, all claims and liability arising under, by reason of, related, or incidental to the Contract
Documents or any performance of the WORK, but not from the sole negligence or willful
misconduct of the CITY and/or the ENGINEER as further defined in the Contract
Documents. The provisions of this section shall survive the termination of the contract.
_____________________
Contractor Initial
1 1
2024 SEWER REHABILITATION Final
MARCH 2024 29
CONTRACT
(Page 3 of 3)
ARTICLE 8. ASSIGNMENT
No assignment by a party hereto of any rights under or interests in the Contract Documents
will be binding on another party hereto without the written consent of the party sought to be
bound; and specifically but without limitation monies that may become due and monies that
are due may not be assigned without such consent (except to the extent that the effect of
this restriction may be limited by law), and unless specifically stated to the contrary in any
written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents. The CITY, in its sole discretion,
may refuse to allow the CONTRACTOR to assign any or all of its duties, rights and/or
responsibilities under the Agreement, except with regards to an assignment of funds for
security purposes. In the case of an assignment for security purposes the CITY may
condition its approval to the extent it deems necessary to assure that there will be adequate
funds to complete the WORK and to pay a subcontractors and suppliers.
CITY and CONTRACTOR each binds itself, its partners, successors, assigns and legal
representatives to the other party hereto, its partners, successors, assigns and legal
representatives in respect of all covenants, agreements and obligations contained in the
Contract Documents.
IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be
executed the day and year first above written.
CITY : City of Bremerton CONTRACTOR
(Signature) (Signature)
By Greg Wheeler, Mayor By
(Printed name) (Printed name) [CORPORATE SEAL]
Attest Attest
Address for giving notices Address for giving notices
License No.
Approved as to Form:
Agent for service of process:
(Signature)
City Attorney
(Title)
SAK Construction, LLC
2024 SEWER REHABILITATION Final
MARCH 2024 30
CONTRACT CERTIFICATE (IF CORPORATION)
STATE OF )
)SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Board of Directors of the
a corporation existing under the laws of the State of , held on
, 2024, the following resolution was duly passed and
adopted:
"RESOLVED, that , as
President
of the Corporation, be and is hereby authorized to execute the CONTRACT dated
, 2024, by and between this Corporation and City of Bremerton and that his/her
execution thereof, attested by the Secretary of the Corporation, and with the Corporate
Seal affixed, shall be the official act and deed of this Corporation."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of
the corporation this ,
day of , 2024.
Secretary
(SEAL)
2024 SEWER REHABILITATION Final
MARCH 2024 31
CONTRACT CERTIFICATE (IF PARTNERSHIP)
STATE OF )
)SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Partners of the
a partnership existing under the laws of the State of , held on
, 2024, the following resolution was duly passed and
adopted:
"RESOLVED, that , as
of the Partnership,
be and is hereby authorized to execute the CONTRACT dated ,
2024, by and between this Partnership and City of Bremerton and that his/her
execution thereof, attested by the shall be the
official act and deed of this Partnership."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,
2024.
Partner
(SEAL)
2024 SEWER REHABILITATION Final
MARCH 2024 32
CONTRACT CERTIFICATE (IF JOINT VENTURE)
STATE OF )
)SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Principals of the
a joint venture existing under the laws of the State of , held on
, 2024, the following resolution was duly passed and
adopted:
"RESOLVED, that , as
of the Joint Venture,
be and is hereby authorized to execute the CONTRACT dated ,
2024, by and between this Joint Venture and City of Bremerton and that his/her
execution thereof, attested by the shall be the
official act and deed of this Joint Venture."
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,
2024.
Managing Partner
(SEAL)
2024 SEWER REHABILITATION Final
MARCH 2024 33
CONTRACT CERTIFICATE (IF LIMITED LIABILITY COMPANY)
STATE OF )
)SS:
COUNTY OF )
I HEREBY CERTIFY that a meeting of the Members of the
a Limited Liability Company existing under the laws of the State of , held on
, 2024, the following resolution was duly passed and
adopted:
"RESOLVED, that , and
as members of the Limited Liability Company,
be and are hereby authorized to execute the CONTRACT dated ,
2024, to the City of Bremerton by this Limited Liability Company and that their
execution thereof shall be the official act and deed of this Limited Liability Company.”
I further certify that said resolution is now in full force and effect.
IN WITNESS WHEREOF, I have hereunto set my hand this , day of ,
2024.
A Limited Liability Company
By:________________________
Member
By;________________________
Member
(SEAL)
HWY 3
1ST ST GREGORY WAY
UNION AVE
FIR AVE
SHERIDAN RDELM ST
ALMIRA DR
RIDDELL RD
HEFNER ST
VIDEO INSPECTION ONLY FOR FUTURE CIPP CONTRACT
2024 Sewer Rehabilitation
Project
City Council Study Session
Wednesday, April 10, 2024
AGENDA BILL DATE(S)
Public Works Committee: March 19, 2024
Council Meeting:April 17, 2024
AGENDA BILL SUBJECT
Contract with SAK Construction, LLC for the 2024
Sewer Rehabilitation Project
PRESENTER
David Powell –Project Manager
360.473.5268
david.powell@ci.Bremerton.wa.us
CITY OF BREMERTON PROJECT NO. 5891
Cured-In-Place-Pipe (CIPP) Overview
CIPP Liner
Existing
Pipe
Cured-in-Place-Pipe Lining (CIPP) is a
trenchless method of sewer construction. It
requires little or no digging and significantly
less time to complete than other sewer
repair methods. It is suitable for repairing
both short and long runs of pipes that do not
need to be upsized.
Sewer Cleaning & Inspection
Minor Repairs (If Needed)
Set Up Sewer Bypass System to
Temporarily Reroute Flows
Insert Prepared CIPP Liner Into Pipe
Cure Liner Per Specifications
Reinstate Active
Connections/Laterals
Remove Bypass System & Perform
Post Installation Inspection
Project Overview
•CIPP of 6,986 linear feet of sanitary sewer pipeline (8” –21”)
•CIPP of 303 linear feet of storm sewer pipeline (24”)
•Reinstatement of service laterals
•Removal of protruding service laterals
•Video inspection only of 7,000 linear feet of sanitary sewer
•Traffic control and bypass pumping
135 Calendar Day
Schedule
Bid Summary
•Bid published March 7, 2024
•Pre-bid Conference March 13, 2024
•Bid Opened March 27, 2024
•Two responsive Bids Received (SAK Construction, LLC Recommended for Award)
RECOMMENDED APPROVAL
Move to award the contract for the 2024 Sewer Rehabilitation Project to SAK Construction, LLC in the amount of
$843,264.32, including sales tax, and authorize the Mayor to finalize and execute the agreement with substantially
the same terms and conditions as presented.
ANTICIPATED SCHEDULE
Upon approval of this item, Notice to Proceed is expected to be issued in May 2024 with work complete in
September 2024.
Questions?
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Study Session Date: April 10, 2024
Resolution to endorse the Warren Avenue
Bridge Multimodal Project Preferred Design
Alternative
COUNCIL MEETING Date: April 17, 2024
Department: PW&U
Presenter: T. Knuckey/S. Weber
Phone: (360) 473-2376
SUMMARY:
On August 2, 2023 the City Council approved Resolution 3363 which adopted Alternative X as the
Preferred Alternative for Design of Multimodal Improvements for the Warren Avenue Bridge. The
Resolution includes the statement “…Alternative X…is within budget for design and construction
costs…”, which is not accurate given updated cost estimates presented in the March 2024 update to
the Warren Avenue Bridge Pedestrian Improvements memorandum which is available from the
project website (https://www.warrenavebridgeproject.com/). That same memorandum identified two
Alternatives that are within the project budget.
Three alternative resolutions to adopt a Preferred Alternative are attached for consideration; the
updated resolution for Alternative X acknowledging it’s out of budget status, and resolutions for the
two alternatives that are in budget; Alternative 1 (8-ft walkways on both sides), and Alternative 7 (12-
ft walkway on one side and 5-ft on the other).
ATTACHMENTS:
1) Joint letter from Director’s Knuckey and Riley dated March 26, 2024; 2) Resolution ____
(Alternative X); 3) Resolution ____ (Alternative 1); 4) Resolution ____(Alternative 7)
FISCAL IMPACTS (Include Budgeted Amount): Budget gaps with the three alternatives are
outlined in the attachment to the Letter from Director’s Knuckey and Riley.
STUDY SESSION AGENDA: ☒ Limited Presentation ☐ Full Presentation
STUDY SESSION ACTION: ☐ Consent Agenda ☐ General Business ☐ Public Hearing
RECOMMENDED MOTION:
Move to adopt Resolution No. _____, endorsing the City of Bremerton Warren Avenue Bridge
Multimodal Project Preferred Design Alternative.
COUNCIL ACTION: Approve Deny Table Continue No Action
Form Updated 11/09/2021
B5
________________________________________________________________________________
Public Works & Utilities Ň Oyster Bay Ave. N., Bremerton, WA * Phone (- * Fax (-
Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city!
March 26, 2024
Bremerton City Council
345 6th Street
Bremerton, WA 98837
Subject: Warren Avenue Bridge Multimodal Project – Preferred Alternative
Dear City Council:
As presented in the March 2024 update to the Warren Avenue Bridge Pedestrian
Improvements memorandum which is available on the project website
(https://www.warrenavebridgeproject.com/documents), given direction from WSDOT from
their field testing, the estimated cost of the Preferred Alternative (Alternative X) now exceeds
the project budget. As discussed at the March 13th City Council Study Session, we have grave
concerns with moving this project forward where estimated costs exceed our budget and have
outlined these concerns below for Council’s consideration.
The State legislature has authorized $27M to the City’s bridge project, and $500K of this is
design funding that is unsecured as it is contingent on failure of Initiative 2117 that State voters
will consider this fall. Due to its unsecured nature, those funds are not included in the project
budget, and so the budget is $26.5M; with $1.5M for design and permitting, and $25M for
construction.
Note that in addition to developing the cost estimate for Alternative X, the March 2024
memorandum additionally updated the feasibility evaluation and cost estimates for the other
improvement alternatives. From that effort, only two alternatives to improve pedestrian
accessibility on the bridge are within the existing budget. These alternatives, along with
Alternative X and another alternative that passed the feasibility screening were presented in a
document that was included in the March 13th Council packet and attached to this letter. This
document presents the difference between secured funding and estimated project costs for all
alternatives. In considering this information, please note that while the bridge itself is a
WSDOT-owned structure, the City will be responsible for all cost over-runs on our pedestrian
improvement project.
________________________________________________________________________________
Public Works & Utilities Ň Oyster Bay Ave. N., Bremerton, WA * Phone (- * Fax (-
Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city!
Our concerns are as follows:
x tŚŝůĞƐĞĐƵƌŝŶŐĂĚĚŝƟŽŶĂůŐƌĂŶƚĨƵŶĚŝŶŐƚŽĐůŽƐĞƚŚĞĐŽŶƐƚƌƵĐƟŽŶĨƵŶĚŝŶŐŐĂƉŵĂLJďĞ
possible, there is no guarantee of success. Further, the grant programs we would pursue
funds for this project from, are the same sources we would otherwise pursue for other
City pedestrian improvement projects including the Naval Avenue and 6th Street
ZĞĐŚĂŶŶĞůŝnjĂƟŽŶƉƌŽũĞĐƚƐ͘
x Securing Public Works Trust Fund loans is a possibility, it again is not guaranteed we
would be successful. Debt borrowing on an asset that is not owned by the city is not
recommended. Debt service on the loan type would obligate the city to a 20-year
payback with a commitment of up to $4.6M, including the $825K in interest.
x dŚĞŝƚLJĚŽĞƐŶŽƚŚĂǀĞƐƵĸĐŝĞŶƚƉƌŽũĞĐƚĞĚ^ƚƌĞĞƚŽƌ'ĞŶĞƌĂů&ƵŶĚƌĞǀĞŶƵĞƚŽĐůŽƐĞƚŚĞ
ĨƵŶĚŝŶŐŐĂƉ͕ƐŚŽƵůĚŐƌĂŶƚĂƉƉůŝĐĂƟŽŶƐƉƌŽǀĞƵŶƐƵĐĐĞƐƐĨƵů͘/ĨƚŚĞŝƚLJǁĞƌĞƚŽĂƵŐŵĞŶƚ
ŐƌĂŶƚĨƵŶĚƐĨƌŽŵƚŚŽƐĞƐŽƵƌĐĞƐƚŚĞƌĞǁŽƵůĚďĞĂƐŝŐŶŝĮĐĂŶƚŶĞŐĂƟǀĞŝŵƉĂĐƚŽŶŵany
ĞdžŝƐƟŶŐƉƌŽŐƌĂŵƐƚŚĂƚƌĞůLJŽŶƚŚŽƐĞĨƵŶĚƐ͘
x The City ǁŝůůŚĂǀĞĂƐŝŐŶŝĮĐĂŶƚŝŶǀĞƐƚŵĞŶƚƚŽĐŽŵƉůĞƚĞƚŚĞĚĞƐŝŐŶĂŶĚƉĞƌŵŝƫŶŐŽĨƚŚĞ
ƉĞĚĞƐƚƌŝĂŶŝŵƉƌŽǀĞŵĞŶƚƉƌŽũĞĐƚ͘^ŚŽƵůĚĐŽŶƐƚƌƵĐƟŽŶďŝĚƐĞdžĐĞĞĚĂǀĂŝůĂďůĞŐƌĂŶƚ
funding, and Council decide not to augment the project budget, the City would be
unable to awaƌĚƚŚĞĐŽŶƐƚƌƵĐƟŽŶĐŽŶƚƌĂĐƚ͕ĂŶĚƚŚĞŝŶǀĞƐƚŵĞŶƚŝŶƚŚĞĚĞƐŝŐŶǁŽƵůĚďĞ
lost.
Please note that language included in Resolution 3363 that Council passed in August 2023 when
it established Alternative X as the Preferred Alternative is inconsistent with the current out-of-
budget status of the project, and so a new resolution acknowledging this status will be
ƉƌĞƐĞŶƚĞĚƚŽŽƵŶĐŝůĨŽƌĐŽŶƐŝĚĞƌĂƚŝŽŶ͘'ŝǀĞŶŽƵƌĐŽŶĐĞƌŶƐĂƐƐƚĂƚĞĚĂďŽǀĞ͕ǁĞǁŝůůďƌŝŶŐ
forward two alternative Resolutions for the two alternatives that are in budget for Council’s
consideration in the same Agenda Bill.
Staff are eager to begin the design of this project, and whichever alternative the City Council
selects, staff will make all efforts to deliver the project successfully. That said, we have grave
concerns over this financial issue, and wanted to ensure our position was clearly understood
before Council deliberates on this issue.
Sincerely,
Tom Knuckey, PE Mike Riley
Director of Public Works and Utilities Director of Financial Services
Tom Knuckey Digitally signed by Tom Knuckey
Date: 2024.03.26 13:54:25 -07'00'
Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city !
Public Works and Utilities Department- Engineering Division
345 6th Street, Suite #100. • Bremerton, WA 98337 • (360) 473-5270
MEMORANDUM
DATE: 3/8/2024
TO: City Council
FROM: Shane Weber, Engineering Manager
SUBJECT: Warren Avenue Bridge Alternatives and Funding Gap
This memo has been developed to assist City Council in its discussion of funding a preferred
alternative for the Warren Avenue Bridge Project. As requested by Council, the other feasible
alternatives that are available to the project and the cost savings compared to Alternative X are
included for information.
The Warren Avenue Bridge Feasibility and Alternatives Analysis was recently updated based on
new information provided by WSDOT and the addition of Council’s Alternative X, approved via
Resolution 3363. Based on this new information the following alternatives were evaluated and are
found to be structurally feasible, maintainable, and meet the purpose of the project to provide ADA
accessibility. The total amount of secured funding is $26.5M; $1.5M for design and $25M for
construction. Note that there is $500K in Climate Commitment Act (CCA) Funds secured for the
project in the Legislature’s 2023-2025 Budget. However, the CCA is at risk of being repealed by
Initiative 2117 this fall. If the CCA is not repealed, this funding would be available in January 2025.
Page 1 of 4
Warren Avenue Bridge
Alternative X
RESOLUTION NO. 3363____
A RESOLUTION of the City Council of the City
of Bremerton, Washington, Preferred Alternative for
Design of Warren Avenue Bridge Multimodal Project
WHEREAS, the Warren Avenue Bridge Multimodal Project goal is to provide
safe, ADA accessible options for all non-motorized users to cross the bridge and connect the
Bremerton Bridge-to-Bridge trail, and;
WHEREAS, the current available funding for the project is $26.5 million which
includes a $1.5 million Washington State grant to design the project and a $25 million State
grant to construct the project that was appropriated through the Moving Ahead Washington
funding package approved in the 2022 legislative session, and;
WHEREAS, in September 2019, the City Council accepted the $1.5 million in
funding for design work that included preliminary engineering and permitting for pedestrian and
bike improvements, deck resurfacing, and additional design on Warren Avenue to the South and
North of the bridge, and;
WHEREAS, in April 2021 the City Council approved a contract with the
Washington State Department of Transportation (WSDOT) for design of the Warren Avenue
Bridge with a Description of Work to widen one or both sides of the bridge to obtain a desirable
shared-use path width of 12 feet, excluding shoulders, in accordance with WSDOT Design
Manual Chapter 1515, and;
WHEREAS, in August 2021 the City Council approved a contract with SJC
Alliance that included four preliminary alternative clear width configurations — 8 feet on both
sides, 10 feet on both sides, 12 feet on the West side with a South end tunnel, and 12 feet on the
East side — including connectivity to tie into existing bicycle networks and the Bridge-to-Bridge
trail, and;
WHEREAS, in October 2022 the City Council approved a contract modification
with SJC Alliance that included a 12-foot path on the West side with a South end tunnel and a
14-foot West side path with South end tunnel, and;
WHEREAS, the 2020 Kitsap County Road Standards states that the minimum
recommended width for a 2-way combined bicycle and pedestrian (multimodal) shared-use path
is 12 feet for areas of high volume usage, and;
WHEREAS, the WSDOT Shared-Use Path Design Manual states that the
desirable paved width of a shared-use path, excluding the shoulders on either side, is 12 feet,
and;
WHEREAS, bicycling and non-motorized transportation groups and individuals
have stated that 12 feet is a minimum safe width for a multimodal path, and;
Page 2 of 4
Warren Avenue Bridge
Alternative X
WHEREAS, the City of Bremerton is expected to grow by approximately 20,000
people over the next 20 years, with much of that expected growth surrounding the Bridge-to-
Bridge trail, and;
WHEREAS, the SR 303 Corridor Study was conducted to identify projects that
would help meet the corridor needs as identified by the study team, a stakeholder advisory group,
and the public, and;
WHEREAS, the SR 303 Corridor Study states a clear preference to have bicycle
facilities on the Warren bridge connecting to the Bremerton Bridge-to-Bridge trail, i.e., a shared
use multimodal path, and;
WHEREAS, a 12-foot shared-use path would ensure a safe route for multimodal
traffic, as well as a desirable path for recreational traveling and sightseeing as part of the
Bremerton Bridge-to-Bridge trail, and;
WHEREAS, both the $1.5 million design grant is secured, and the $25 million
Move Ahead Washington construction Grant areis un secured withand $15M of the construction
funding programmed for the 2025-2027 biennium and $10M of the construction funding
programmed for the 2027-2029 bienniumcurrently programmed in the 2029+ outer years, and;
WHEREAS, an additional $500K in state grant funding is unsecured and is
contingent on the failure of Initiative 2117 in the fall 2024 election, and;
WHEREAS, City Staff commenced a public outreach effort that consisted of a
Stakeholder Advisory Group with invitations extended to representatives of the Chamber of
Commerce, Olympic College, Bremerton Parks Department, Bremerton Police Department,
Bremerton Fire Department, Naval Base Kitsap, Kitsap Transit, Kitsap Public Health, WSDOT,
the Mayor, the City Council, bicycle advocates, and several others, and;
WHEREAS, City Staff hosted two public open houses and conducted two public
surveys, and;
WHEREAS, half of online public comments and three-quarters of in-person
public comments expressed that at least a minimum width of 12 feet was desired for a shared-use
multimodal path, and;
WHEREAS, Alternative X is a combination of the East side from Alternative 3
and the West side from Alternative 1, resulting in a 12-foot clear width path on the East side and
8-foot clear width path on the West side, and;
WHEREAS, Alternative X meets the intent of the project, and the desire of the
public, and is within budget for design and construction costs, and;
WHEREAS, WSDOT conducted field testing and provided direction to the City
that resulted in project costs that are documented in the March 2024 update to the Warren
Page 3 of 4
Warren Avenue Bridge
Alternative X
Avenue Bridge Pedestrian Improvements memorandum which identifies that the cost of
Alternative X exceeds the project budget, and;
WHEREAS, the City Council acknowledges that the estimated cost of Alternative
X is $30.3M, with design and permitting estimated at $2.3M and construction estimated at $28M
including all costs associated with the purchase and O&M of a new UBIT, and;
WHEREAS, the City Council recommends expanding the width of the West side,
and/or adding in more overlooks, if there is available budget or if any additional funds are able to
be secured in the future, and;
WHEREAS, the selection of Alternative X may require construction of an
inspection platform that provides additional inspection access or an operational review of the
WSDOT bridge inspection program, which could include the additional capital and
ownership/operational costs of an additional, unique UBIT;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council endorses Alternative X as the Preferred
Alternative. Alternative X includes a 12-foot clear width pathway on the East side and an 8-foot
clear width pathway on the West side.
SECTION 2. The City Council endorses widening the West side to greater than 8
feet, and/or adding in additional overlooks, if budget is available or additional funding is able to
be secured.
SECTION 3. The City Council endorses pursuing funding for the connectors as
separate projects, ideally to be completed prior to the construction of the bridge improvements.
SECTION 4. The City Council endorses the purchase of a new UBIT or other
associated mitigation costs in the event that WSDOT is unwilling or unable to fund such costs
themselves.
SECTION 5. 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.
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 __________________, 20243.
Page 4 of 4
Warren Avenue Bridge
Alternative X
______________________________________
JEFF COUGHLINJENNIFER CHAMBERLIN,
Council President
APPROVED AS TO FORM: ATTEST:
_____________________________ ____________________________
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
Page 1 of 3
Resolution Warren Avenue Bridge
Preferred Alternative
Rev. 01/2023
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, Preferred Alternative for Design of
Warren Avenue Bridge Multimodal Project
WHEREAS, the Warren Avenue Bridge Multimodal and Safety Improvement
project goal is to provide safe, ADA accessible options for all non-motorized users to cross the
bridge, and;
WHEREAS, the total available secured funding for the project is $26.5 million
which includes a $1.5 million Washington State grant to design the project and a $25 million
State grant to construct the project that was appropriated through the Moving Ahead Washington
funding package approved in the 2022 legislative session, and;
WHEREAS, an additional $500K in state grant funding is unsecured and
contingent on the failure of Initiative 2117 in the fall 2024 election, and;
WHEREAS, the $25 million in construction funding is programmed for $15M in
the 2025–2027 biennium and $10M in the 2027–2029 biennium, and;
WHEREAS, City Staff conducted a feasibility study that reviewed eleven (11)
alternatives comprising a variety of pathway widths, structural considerations, ADA compliance,
and design and construction costs and were screened through three levels of criteria in order to
determine feasible alternatives, and;
WHEREAS, on August 2, 2023 the City Council approved Resolution 3363
adopting a 12th alternative, “Alternative X” as the Preferred Alternative, consisting of a 12-ft
wide path on the east side of the bridge and an 8-ft wide path on the other, and;
WHEREAS, one of the statements of fact in Resolution 3363 is that the design
and construction cost of Alternative X is within the City’s budget, and;
WHEREAS, WSDOT conducted field testing and provided direction to the City
that resulted in increased project costs that are documented in the March 2024 update to the
Warren Avenue Bridge Pedestrian Improvements memorandum which identifies that the cost of
Alternative X exceeds the project budget, and;
Page 2 of 3
Resolution Warren Avenue Bridge
Preferred Alternative
Rev. 01/2023
WHEREAS, the March 2024 memorandum identified two alternatives that are
within the City’s existing budget, including Alternative 1 which consists of 8-ft walkways on
both sides of the bridge with two overlooks on each side, and Alternative 7 which consists of a
12-ft path on the east side of the bridge and a 5-ft path on the other side, and;
WHEREAS, the City Council has determined that it is in the best interest of the
City to select a Preferred Alternative that is within existing budget, and;
WHEREAS, the City Council has determined that Alternative 1 should be the
defined as the Preferred Alternative;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council endorses Alternative 1 as the Preferred
Alternative. Alternative 1 includes 8-foot clear width pathways on both sides of the bridge with
four overlooks (2 on each side of the bridge).
SECTION 2. 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.
SECTION 3. 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 __________________, 20____.
JENNIFER CHAMBERLIN, Council
President
APPROVED AS TO FORM: ATTEST:
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
Page 3 of 3
Resolution Warren Avenue Bridge
Preferred Alternative
Rev. 01/2023
R:\Legal\Legal\Forms\FORMS ON COBWEB\Resolution Rev. 01 2023.doc
Page 1 of 3
Resolution Warren Avenue Bridge
Preferred Alternative
Rev. 01/2023
RESOLUTION NO. ________
A RESOLUTION of the City Council of the City of
Bremerton, Washington, Preferred Alternative for Design of
Warren Avenue Bridge Multimodal Project
WHEREAS, the Warren Avenue Bridge Multimodal and Safety Improvement
project goal is to provide safe, ADA accessible options for all non-motorized users to cross the
bridge, and;
WHEREAS, the total available secured funding for the project is $26.5 million
which includes a $1.5 million Washington State grant to design the project and a $25 million
State grant to construct the project that was appropriated through the Moving Ahead Washington
funding package approved in the 2022 legislative session, and;
WHEREAS, an additional $500K in state grant funding is unsecured and
contingent on the failure of Initiative 2117 in the fall 2024 election, and;
WHEREAS, the $25 million in construction funding is programmed for $15M in
the 2025–2027 biennium and $10M in the 2027–2029 biennium, and;
WHEREAS, City Staff conducted a feasibility study that reviewed eleven (11)
alternatives comprising a variety of pathway widths, structural considerations, ADA compliance,
and design and construction costs and were screened through three levels of criteria in order to
determine feasible alternatives, and;
WHEREAS, on August 2, 2023 the City Council approved Resolution 3363
adopting a 12th alternative, “Alternative X” as the Preferred Alternative, consisting of a 12-ft
wide path on the east side of the bridge and an 8-ft wide path on the other, and;
WHEREAS, one of the statements of fact in Resolution 3363 is that the design
and construction cost of Alternative X is within the City’s budget, and;
WHEREAS, WSDOT conducted field testing and provided direction to the City
that resulted in increased project costs that are documented in the March 2024 update to the
Warren Avenue Bridge Pedestrian Improvements memorandum which identifies that the cost of
Alternative X exceeds the project budget, and;
Page 2 of 3
Resolution Warren Avenue Bridge
Preferred Alternative
Rev. 01/2023
WHEREAS, the March 2024 memorandum identified two alternatives that are
within the City’s existing budget, including Alternative 1 which consists of 8-ft walkways on
both sides of the bridge with two overlooks on each side, and Alternative 7 which consists of a
12-ft path on the eastside of the bridge and a 5-ft path on the other side, and;
WHEREAS, the City Council has determined that it is in the best interest of the
City to select a Preferred Alternative that is within existing budget, and;
WHEREAS, the City Council has determined that Alternative 7 should be the
defined as the Preferred Alternative;
NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council endorses Alternative 7 as the Preferred
Alternative. Alternative 7 includes 12-foot clear width pathway on the east side of the bridge
and a 5-ft clear width pathway on the other side.
SECTION 2. The City Council endorses the purchase of a new UBIT and
associated operations costs as required by WSDOT for construction of Alternative 7.
SECTION 3. 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.
SECTION 4. 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 __________________, 20____.
JENNIFER CHAMBERLIN, Council
President
APPROVED AS TO FORM: ATTEST:
Page 3 of 3
Resolution Warren Avenue Bridge
Preferred Alternative
Rev. 01/2023
KYLIE J. FINNELL, City Attorney ANGELA HOOVER, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Resolution Rev. 01 2023.doc
Published for
April 10
Council Meeting
ITEM B5 – Public Comments
Warren Avenue Bridge questions that need to be publicly addressed.
In the fall of 2023, a statement was made at a Chamber of Commerce candidates
forum that WSDOT top management should all be fire. I agreed with this
statement back in November and I agree with it today. WSDOT is a state agency
out of control. As of yesterday, our Washington State Attorney General proposed
that Washington State Ferries should be pulled out of WSDOT and report directly
to the Governor. This is leadership. Our elected officials in partnership with the
community are the only ones who can affect change at WSDOT.
So how does this relate to our Warren Avenue Bridge Design? Everything! The
culture at WSDOT is the over-arching problem. The entire agency from the top
exudes arrogance and bullies communities. Bullies win unless you stand up to
them. To acquiesce to Bullies is to give them their self proclaimed destiny that
they are in total charge.
Every elected official from all levels of government, no matter what their political
persuasion should be fighting for change as it relates to WSDOT. As a member of
the Warren Avenue Bridge stakeholders advisory committee, I have never
participated in such a dysfunctional committee process in my 40 years working in
and out of government. I do not trust WSDOT to deliver a safe, multi-modal design
for Bremerton. The behavior they are exhibiting now, is the behavior they
exhibited during the WAB stakeholders advisory committee. It has to stop.
Questions to ask WSDOT on April 10, 2024 Bremerton Council work session.
1.Why did WSDOT mandate in March of 2021 that our multi-modal
improvement project on the WAB have 8-foot sidewalks on each side of the
bridge? On April 7, 2021, council voted to modify the scope of the project.
2.Why does WSDOT continue to support 8-foot sidewalks on each side of the
bridge? It is not multi-modal. It is not safe and state law now requires
WSDOT support multi-modal.
3.Why do WSDOT bridge inspectors not want to use an A-62T UBIT?
(Stated at a Nov 30th, 2022 stakeholders meeting by WSDOT manager,
Rich Zeldenrust.) Oregon DOT acquired one when a new A-62 was
backordered, and has experienced positive feedback from their inspectors.
According to Shawn Oliphant from ODOT it required 2 hours of
additional training for his crew.
From: dianne iverson <diverson1950@gmail.com>
Sent: Wednesday, April 10, 2024 2:09 PM
To: City Council <City.Council@ci.bremerton.wa.us>
Cc: Dianne Iverson <diverson1950@gmail.com>
Subject: Warren Avenue Bridge
4.Is WSDOT willing to sell an existing A-62 UBIT, purchase an A-62T, and
have Bremerton pay the difference of about $300,000?
5.WSDOT rented an A-75 UBIT to inspect the SR 520 bridge over Lake
Washington on August 11, 2021. Why can’t Bremerton rent an A-62T
from Jim Bunch in Springfield Oregon? This would save 2 million dollars
up front. Why does WSDOT get to make this decision and tell Bremerton
we must pay for it?
6.In 2016 the recommendation by the city concerning Warren Avenue Bridge
Multimodal Improvements was to NOT remove the jersey barriers in order
to save money. This could save 2.2 million if we leave the existing jersey
barriers on the existing bridge unchanged. (A narrow railing could be mounted
adjacent to barriers for added safety)
7.Is the current design phase a conceptual design for cost estimating
purposes or a preliminary engineering design? Could you explain the
difference to the council?
8.It’s unclear to me as a former committee member, who is in charge of the
bridge design? Is it SCJ? Is it WSDOT? I recommend the city consider
taking the lead, and contracting out to an engineering firm. Poulsbo’s SR
305 roundabout and tunnel project, was ultimately led by the City of
Poulsbo even though it was on a State Route.
9.A Detroit Bridge was upgraded to modern multi-modal capacity by
installing decking on top of the existing sidewalk. (see photo below). It is
aesthetically pleasing, less expensive and it works. Why isn’t this concept
being forwarded as an option for the Warren Avenue Bridge?