HomeMy WebLinkAbout10/03/01 AGENDA CITY COUNCIL MEETING AGENDA
OCTOBER 3, 2001
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M.
A. General Council Business
2. CALL TO ORDER: 5:30 P.M.
A. Pledge of Allegiance
B. Invocation
3. CONSENT AGENDA - There will be no Consent Agenda Items this week
4. CLAIMS/CHECK REGISTERS
5. COUNCIL MEMBER REPORTS
6. COUNCIL COMMITTEE REPORTS
7. MAYOR'S REPORT
8. LEGISLATIVE REPORT
9. PUBLIC RECOGNITION - (Comments limited to 3-minutes)
10. NEW BUSINESS
A. Professional Services Agreement with Camp Dresser McKee for Updating Wastewater
Comprehensive Plan (#AB01-213)
B. Letter of Intent Regarding Bremerton and Port Orchard Water System Improvements
(#AB01-214)
C. Professional Services Agreement with URS Construction Services for Construction
Management Services for the Callow Basin Priority 5 Storm Separation Project (#AB01
215)
11. PUBLIC HEARINGS - ORDINANCES
A. Ordinance No. 4775 (Second Reading) Approving City's 2002-2007 Six-Year
Transportation Plan (#AB01-212)
B. Ordinance (First Reading) Extending Cascade Natural Gas Corporation Franchise for
One-Year (#AB01-216)
C. Ordinance (First Reading) Regarding Telecommunications and Master Permit (#AB01-
217)
12. ADJOURNMENT OF MEETING
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Professional Services FOR AGENDA OF: O~ober 3, 200!
Agreement for Wastewater Comp Plan and ORIGINATING DEPT: Public Works & Utilities
Facility Plan for Westside CSO Treatment ORIGINATOR: Gene Sampley, Director~'~-~,
Facility DATE SUBMITTED: September 19, 2001
2. CLEARANCES: (comment on back if necessary~),~, 3. EXHIBITS:
Interim City Attorney ~( '~, J ~ (1) PSA Camp Dresser & McKee
City Treasurer
Council Fiscal & Budget Comm.
Council Operations Comm.
ENDORSEMENT .2~ INFORMATION APPROVED BY COUNCIL PR~E~DENT FOR SJJBMITTAL:
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:~''/
Chapter 173-240 WAC requires the City to update its Comprehensive Wastewater Plan at this
time. Additionally, the City needs additional wet weather treatment capacity at the Charleston
(Westside) Wastewater Treatment Plant as a component of the CSO control program
mandated by the federal consent decree. A Facility Plan is required prior to submitting for
Ecology funding for capital facilities. Camp Dresser & McKee (CDM) has been selected as the
most qualified consultant and a Professional Services Agreement (PSA) has been negotiated
in the amount of Four Hundred One Thousand Five Hundred Eighty-Six dollars ($401,586)
(Continued on Page 2)
8. RECOMMENDATION:
The City Council approve the Professional Services Agreement with Camp Dresser & McKee,
Inc., in the amount of $401,586 for updating the City's Comprehensive Wastewater Plan and
preparing a Westside CSO Treatment Plant Facility Plan and authorize the Mayor to execute
the same.
9. RESPONSIBLE OFFICIAL: pw~.ll 1'3ir~_~nr
ENFORCEMENT OFFICIAL: PW&U Director ..
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OF ACTION:
PULLED TABLED APPROVED DISAPPROVED AMENDED
COUNCIL DIRECTIVE: DATE: TO A
11. AGENDA BILL NO: ~)j -- ~O_./.~
/
2. CLEARANCE COMMENTS (Continued):
4. SUMMARY STATEMENT (Continued):
for updating the City's Comprehensive Wastewater Plan and preparing a Westside CSO
Treatment Facility Plan. Staff recommends the City Council approve the attached Professional
Services Agreement with Camp Dresser & McKee, Inc., in the amount of $401.586.
5. IMPACT OF NON-PASSAGE:
The City will not comply with State regulations or be able to successfully compete for Ecology
funding of the CSO Treatment Plant.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT, OR OTHER RESOURCES:
Staffing: Qualified City staff are not available to perform this work and consultant
services are needed.
Budget: This project is funded by Wastewater operating funds for the Comp Plan
and a Public Works Trust Fund loan for the Facility Plan. This work is
included in the 2001/02 budget.
Facilities/Equipment: No Impact.
7. RESEARCH SOURCES:
PROFESSIONAL SERVICES AGREEMENT
Wastewater Comprehensive Plan Update - Project I.D. No. 58238
and
Westside CSO Treatment Facility Plan - Project I.D. No. 570
The City of Bremerton ("City") and Camp Dresser & McKee Incorporated
("Contractor"), referred to collectively as the "Parties," enter into the following Agreement for
professional services:
I. Scope: The Contractor will perform the services set out in the Scope of Work, which is
attached as Exhibit A and incorporated by reference. The Scope of Work may be modified only
pursuant to Section V-I.D. of this Agreement. It'the Scope of Work provides for unspecified
additional services the City may request, such services shall only be performed upon the express,
written request of the City.
II. Term: This Agreement commences on the date of execution of this Agreement and
terminates on December 31, 2002, unless another date is substituted pursuant to Sections VI.D.
or VIII.
IH. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Contractor in an amount not to exceed Four Hundred One Thousand Five Hundred
Eighty Six dollars ($401,586). Contractor's charges and bills shall conform to the fee schedule
attached as Exhibit B and incorporated herein by reference. The amounts for individual tasks
may vary provided the total is within the not-to-exceed amount of this Agreement.
The Contractor shall submit regular billing statements describing services rendered and
the amount charged for each service consistent with the level of detail provided in Table B-1.
The descriptions shall conform to and fall within the categories set out in the Scope of Work.
Upon receipt of a conforming billing statement, the City shall promptly process payment.
Contractor shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Additional services shall be compensated for only if requested pursuant to Section I
and shall be compensated as set out in the request or, if the request does not so provide, as set out
in the attached Table B-1.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Contractor of its obligations under this Agreement.
Bremerton/CDM
Professional Services Agreement
Page 1 of 6
IV. Relationship of Parties: Contractor is skilled in the matters addressed in the Scope of
Work and is performing independent functions and responsibilities within its field of expertise.
Contractor and its personnel are independent contractors and not employees of the City.
Contractor and its personnel have no authority to bind the City or to control the City's employees
and other contractors.
As an independent contractor, Contractor is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Contractor or its personnel.
As an independent contractor, Contractor is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, B&O, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City
may withhold the delinquent amount, plus any additional charges arising from the delinquency,
from any payments due Contractor.
V. Insurance and Hold Harmless: Prior to the commencement date of this Agreement,
Contractor shall provide Certificates of Insurance to the City's Risk Manager verifying the
following coverage: 1) a professional liability policy ("E&O") providing coverage of $1,000,000
for errors and omissions committed by Contractor while performing its obligations under this
Agreement, and 2) a comprehensive general liability ("CGL") policy providing coverage of at
least $1,000,000 per occurrence and including bodily injury and property damage. The CGL
shall name the City as an additional insured. Both policies shall remain in full force and effect,
and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager
with 30 days' written notice of any cancellation or change of coverage of either policy.
Contractor shall be solely responsible for its personnel, subcontractors and agents in the
performance of work under this Agreement. Contractor agrees to defend, indemnify, and hold
harmless the City and its officials and employees from and against all liability, loss, damages,
and expenses, including costs and attorneys' fees, resulting from actions, claims, and lawsuits to
the extent arising or alleged to have arisen, in whole or in part, out of or in consequence of the
negligent acts, errors or omissions of the Contractor, its employees, its subcontractors, its agents,
or its assigns in the performance of this Agreement. The City and Contractor have specifically
negotiated Contractor's waiver of its immunity under Title 51 RCW, which is hereby waived for
purposes of Contractor's indemnification and hold harmless of the City, including the duty to
defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is
judicially found to arise from the acts or failures to act of the City.
VI. General Conditions:
A. Reports and Information: When requested by the City, Contractor shall furnish
periodic reports and documents on matters covered by this Agreement. The repons and
documents shall be furnished in the time and form requested. Contractor shall maintain
Bremerton/CDM
Professional Services Agreement
Page 2 of 6
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
C. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
D. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
E. Notices.'. Notices shall be in writing and delivered to the following addresses:
City Address Contractor Address
City of Bremerton Camp Dresser & McKee, Inc.
239 4th Street 11811 NE 1~t Street Suite 201
Bremerton, WA 98337 Bellevue, WA 98005
F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
G. Compliance with Laws: Contractor shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
I. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this
Agreement shall be entitled to its reasonable attorneys' fees and court costs.
VII. Nondiscrimination: Contractor shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
Bremerton/CDM
Professional Services Agreement
Page 3 of 6
VIII. Termination: This Agreement may be terminated, at will, by either Party upon 30 days'
notice to the other Party. This Agreement may be immediately terminated for cause by a Party if
the other Party substantially fails to perform through no fault of the terminating Party, and the
non-performing Party does not commence correction of the failure of performance within five
days of the terminating Party's sending notice to the non-performing Party. Upon termination the
City will be entitled to reports showing the status and/or all work products, independent of their
stage of completion or preparation format, of all items listed in the Scope of Work current
through the termination date.
CAMP DRESSER & MCKEE, Inc. CITY OF BREMERTON
Paul F. Meyerhofer, date Lynn S. Horton, date
Sr, Vice President Mayor
Departmental Approval
W. Eugene Sampley, Director
Department of Public Works & Utilities
Approved as to form:
Loren Combs, Int. City Attorney
Received for Filing:
Kathleen McCluskey, City Clerk
Bremerton/CDM
Professional Services Agreement
Page 4 of 6
EXHIBIT A
SCOPE OF WORK
Wastewater Comprehensive Plan Update - Project I.D. No. 58238
and
Westside CSO Treatment Facility Plan - Project LD. No. 570
Objectives
The objectives of this contract are to update the current Comprehensive Wastewater Plan
(Comprehensive Plan), develop a project specific facility plan and project description for
the construction of wet weather facilities at the Westside Treatment Plant (Facility Plan),
and to assist with the environmental work of the new proposed wet weather facilities. It
is anticipated that the new facilities will treat approximately 30 million gallons per day
(MGD) peak Combined Sewer Overflow (CSO) flow utilizing new headworks screening,
high rate clarification (HRC), upgraded chlorine contact chambers, and the existing plant
outfall. Additional chemical systems may also be required. The scope of this work
includes evaluating the existing system, program planning and permitting,
Comprehensive Plan, and Facility Plan. The principal deliverables are the updated
Comprehensive Plan and the Facility Plan.
The term "Consultant" in this Exhibit is the same party as the Contractor as defined in the
Professional Services Agreement.
Consultant and City agree that time is of the essence for completion of the work included
in this agreement. Task C shall be completed by June 1, 2001 and Task F shall be
completed consistent with the Washington State Department of Ecology's schedule for
submitting applications for State Revolving Fund financing for design and construction
of the planned facility; the current estimate is February 1, 2001. Consultant shall prepare
and submit to the City a detailed schedule consistent with this scope of work to meet
these requirements. The schedule shall be updated monthly to reflect progress and status
of the work.
Tasks A, B, D, and E are reserved and are not used in this scope of work. Task D will be
the design of the proposed wet weather facilities. This task will be developed and
amended to the scope of work after the planning phase of the project clarifies which
facilities will be required. Construction services may also be developed and amended to
this scope of work.
This scope of work assumes that the requirements of the Department of Ecology
(Ecology) for the Comprehensive Plan and Facility Plan and the Environmental
Protection Agency (EPA) for STAG grants will be the same as required for 2001. It also
assumes that the proposed approach to the environmental portion of the project will be
acceptable to the regulatory agencies.
September 13, 2001
Pa~e 1 of 17
All documents prepared as deliverables to the City shall be delivered in both hard copy
and electronic format in forms and programs acceptable to the City. All such documents
and work products shall become the property of the City upon delivery.
WASTEWATER COMPRENHENSIVE PLAN UPDATE (TASK C)
The existing Comprehensive Plan will be updated to reflect the current issues and plans
of the City system. In general, the scope will follow the Table of Contents of the existing
plan. Sections not requiring changes or not related to the treatment facilities will not be
updated at this time.
Deliverables:
One copy sufficient for City reproduction and 50 bound final copies of the updated final
Comprehensive Plan will be provided to the City. One copy will be provided to Ecology.
The Final Comprehensive Plan will consist of the final versions of the technical
memorandums described in the subtasks below.
C. 1 Background and Scope of Study
The consultant will prepare for and conduct a workshop with City staff to achieve the
following goals:
· Familiarize the team with scope, schedule and work plan for both the Comprehensive
Plan and the Westside Project Specific Facility Plan and Design,
· Identify critical constraints,
· Make assignments to Consultant and City team members with regard to background
information needs.
City Responsibilities:
The City will provide key staff to the workshop that will maintain active roles in
operations, technical review, permitting, and environmental review for the entire duration
of the project.
Deliverables:
The Consultant will supply a draft project work plan, including project schedule, and
agenda one week before the workshop. Hard copy and electronic minutes will be
distributed to all participants five working days after the workshop.
The Consultant shall submit a draft report section of the Comprehensive Plan for the City
to review.
September 13, 2001
Pa~e 2 of 17
C.2 System Description
The Consultant will summarize the characteristics and condition of the existing
wastewater system including the following areas:
· C.2.1 Collection System
· C.2.2 CSOReduction
· C.2.3 Westside Wastewater Treatment
· C.2.4 Eastside CSO Reduction Facility
City Responsibilities:
The City will provide planning maps, drawings, and reports requested by the Consultant.
The Consultant will require information outside of the areas not previously studied by the
Consultant, such as the Westside Treatment Plant and certain CSO areas.
Deliverables:
The Consultant shall submit a draft report section formatted for the Comprehensive Plan
for the City to review.
C.3 Planning Issues
This task will develop the data to support the key planning decisions.
C.3.1 Sewer System Evaluation and Plannine
The Consultant will prepare a report documenting the sewer collection system. The work
product will be prepared to conform to corresponding sections of the requirements of
WAC 173-240-050. The subtask will include developing:
· Service area, system characteristics, and wastewater planning criteria
· Planning area and existing system
The Consultant will prepare as appropriate either 8.5-inch x 11-inch or 11-inch x 17-inch
format AutoCAD figures illustrating the existing and proposed service area boundaries,
topography, major streets, water bodies, water systems, public and private wells, and the
existing sewer conveyance system. The sewer conveyance system map will identify
major trunk sewers, major pump stations, force mains, and overflow structures.
City Responsibilities:
Provide documentation of the Urban Growth Area (UGA) boundary, proposed service
areas, maps delineating municipal boundary, and adjacent jurisdictions.
Provide AutoCAD drawings of items required to describe the sewer system
characteristics.
The City will provide the necessary electronic base mapping for the generation of the
sewer system characteristics mapping.
September 13, 2001
Pace 3 of 17
Deliverables:
One copy sufficient for City reproduction of a drait technical memorandum formatted as
the Service Area and System Characteristics section of the Wastewater Comprehensive
Plan.
C.3.2 Wastewater Flows
Document existing wastewater flows from tributary drainage basins including areas
served under contract sewer service. Develop the Annual Average Flow, Average Day,
Maximum Month, Maximum Day Flow, and Peak Hour Flow based on the projected
growth in the tributary basins estimates of future wastewater flows. Develop the Annual
Average Flow and the Average Day Maximum Month flows based on historical
wastewater treatment plant flows and an antecedent condition index model that relates
precipitation to daily flows. The model was developed during the update of the CSO
reduction plan. Estimate the maximum day and peak hour flow parameters using a
HYDRA model, as defined in the Collection System Hydraulic Analysis section (C.3.3).
City Responsibilities:
Appendix A of the 1995 City of Bremerton Comprehensive Sewer (Wastewater) Plan
identifies the population of drainage basins served by the City. Provide updated
estimates of the existing and future development and populations within each of the
drainage basins. The City will provide updated population forecasts for each of the
drainage basins.
Deliverables:
One copy sufficient for City reproduction of a draft technical memorandum documenting
the 5-year and 20-year wastewater flow projections for the proposed service area.
C.3.3 Collection System Hydraulic Analysis
A hydraulic and hydrologic system model of the City of Bremerton sewer system was
developed as part of the recent CSO Reduction Plan Update. The model was constructed
using HYDRA modeling software. The model will be updated to reflect a future system
model including expanded sewer service areas and projected growth. The model
delineates areas that contribute direct storm water inflow based on field investigations
conducted by the City. Since the development of the CSO Reduction Plan the City has
identified approximately 300 additional properties that contribute direct inflow. These
properties will be incorporated into the model and the model will be recalibrated to the
CSO design storm. The future system model will be analyzed to reflect the CSO
improvements that will be constructed in the next 6 years and inflow sources that the City
anticipates removing. Identify main trunk sewer improvements required to serve future
growth. Identify improvements to existing sewers that are shown as overloaded in the
model.
City Responsibilities:
Provide documentation of additional inflow sources identified by the City.
September 13, 2001
Page 4 of 17
Deliverables:
One copy sufficient for City reproduction of a draft technical memorandum documenting
the future wastewater flows in the main trunk sewers formatted for the Comprehensive
Plan.
C.3.4 Westside Plant Capacity
The Consultant will assist the City in establishing the existing plant capacity. This
capacity study will support the City's efforts to increase the permitted peak month re-
rating as well as form a basis of study for the Comprehensive Plan. Specific subtasks to
be accomplished are:
· Summarize the last 5 years of plant data
· Develop the hydraulic profile and identify plant bottlenecks
· Develop a suggested new rating for the Westside Treatment Plant
· Attend two meetings with the City
· Attend two meetings with Ecology
City's Responsibilities:
The City will provide the plant data in electronic form and coordinate all team meetings
and meetings with Ecology.
Deliverables:
The consultant will provide five copies of the data analysis summary and the draft re-
rating report.
C.4 Mixing Study
Perform a mixing study to fulfill the following requirements of WAC 173-240-060:
· The degree of treatment required based upon the receiving body of water;
· A description of the receiving water, applicable water quality standards, and how
water quality standards will be met outside of any applicable dilution zone; and
· Detailed outfall analysis.
C.4.1 Effluent Mixing Zone Study
The Westside Treatment Plant outfall has an authorized mixing zone equal to a distance
of 200 feet plus the water depth from any diffuser port, where conventional and chronic
toxicity criteria are suspended. There is also an acute zone equal to ten percent of the
chronic distance. Ecology requires acute and chronic dilution factors to be calculated
during critical conditions with (a) dye or other tracers, or (b) using approved computer
models if there is adequate data to support them. Dye tracer studies would be
prohibitively expensive for this application due to the depth of the discharge. We
propose to use the dilution model PLUMES for this project, and collect the necessary
ambient data. There is ample precedence of Ecology acceptance for this approach for
Puget Sound discharges.
September 13, 2001
Pate 5 of 17
We will obtain the ambient data necessary to support the selected dilution model. The
requirements are established in Appendix 6.1 of the Permit Writer's Manual entitled
Guidance for Conducting Mixing Zone Analyses. The critical ambient requirements are
specified in Sections 1.5 through 1.7 of Appendix 6.1:
1.5 Current. Since the discharge is to Puget Sound with no nearby major river, Section
1.5 defines the critical currents as l0th and 90th percentile current speeds for acute
modeling conditions, and median (50th percentile) for chronic. The Ecology guidance
requires that these current speed statistics be determined over a comprehensive field data
set including both neap and spring tides. We have found that the most cost-effective way
to obtain the data acceptable to Ecology are with drogues (i.e. current drifters) released
from the outfall site. Therefore, our proposed scope for establishing the 10t~, 50th and
90th percentile current speeds is through two 13-hour drogue studies. Windowshade
drogues will be released from the outfall site at 1-hour intervals for one tidal cycle (12.4
hours) on 2 days. One day shall be during neap tide (small tidal range) and one during
spring tide (large tidal range). Drogues shall be set at a depth of approximately 15 and 33
feet and tracked for up to 3 hours. Drogue positions shall be determined from a surface
vessel with differential GPS per Ecology protocol. The product of these studies shall be
calculated drogue velocities and the required current statistics derived from the
cumulative frequency distribution of velocity measurements.
1.6 Depth and Number of Ports. Section 1.6 stipulates that the modeling be conducted at
the mean lower low water (MLLW) depth for marine discharges. Ecology also requires
that the outfall be inspected to ensure it is functioning as designed. The inspection must
establish that the effluent is actually discharging from the number and depths of diffuser
ports used in the modeling. The actual depth of the diffuser and the number of operating
ports will be documented in the Outfall Evaluation task described below.
1.7 Stratification. Section 1.7 describes the critical conditions for density stratification
for marine discharges to Puget Sound. The critical condition is maximum stratification,
which usually occurs during summer. For this study we propose to conduct hourly
conductivity, temperature and depth (CTD) casts during neap and spring tides to
determine the critical density stratification. The CTD casts will be conducted at the same
time as the drogue study (i.e. between drogue deployments or fixes). CTD casts will be
obtained with a SeaBird Model SBE19. This instrument and the proposed CTD profiling
schedule have gained wide acceptance from Ecology for satisfying mixing zone studies.
Seasonal variability in density structure will be assessed from recent CTD casts by
Ecology at Station SIN001.
City's Reaponsibilities:
The City will provide access to the outfall and assist in securing access to Sinclair Inlet.
The City will contact the Navy to inform the Navy of the work. The City will survey
stake the outfall and at least one back sight.
September 13, 2001
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Deliverables:
The consultant will provide one copy of a draft technical memorandum suitable for
reproduction by the City summarizing the studies findings. The final technical
memorandum will be included with the final Comprehensive Plan.
C.4.2 Final Refinements
It may be necessary to evaluate the Task C.4.1 work in light of the project specific
requirements of the Task F Facility Planning. This subtask provides for modifications
needed as a result of the approach to CSO treatment developed in parallel to the
Comprehensive Plan Update.
Deliverables:
If refinements are required to the draft technical memorandum submitted in the Task
C.4.1, the Consultant shall provide one copy sufficient for City reproduction of a refined
mixing study draft technical memorandum.
C.4.30utfall Evaluation
A dive inspection will be conducted to assess the condition of the submerged pipeline,
diffuser and joints. Rhodamine WT fluorescent dye will be injected into the effluent
during the inspection for detection of leaks and documentation of diffuser flow. We will
inspect and photograph the exterior of the pipe from the point at which it emerges from
below the mud line out to the diffuser. Each diffuser shall be inspected and checked for
plugging. Structural condition of the pipe and joints shall be determined visually.
An underwater digital video camera shall be used to document the portion of the outfall
visible above the mud line. Videotapes shall be provided to the City, and digital photos
shall be included in the inspection report.
This study shall also include an evaluation of the hydraulic capacity of the diffuser.
Diffuser hydraulic losses shall be determined with the manifold model DIFFDSGN.
Hydraulic grade lines at the treatment plant will also be determined.
Diffuser and outfall hydraulics will be evaluated iteratively with mixing zone modeling
and as flow criteria are finalized. Potential diffuser modifications will be developed to
balance these criteria, with the goal of not requiring outfall or diffuser modifications that
need aquatic permits.
City Responsibilities:
The City will supply as built information on the existing outfall. The City will contact
the NaW to inform the Naw of the work. The City will survey stake the outfall and at
least one back sight.
September 13, 2001
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Deliverables:
The Consultant will provide one copy sufficient for City reproduction of a draft technical
memorandum summarizing the task efforts and findings. A final version of the technical
memorandum will be included in the final Comprehensive Plan.
C.4.4 Water Quality Based Effluent Limitations
The Consultant will use Ecology and EPA protocol to determine compliance with
ammonia, chlorine, and metals water quality criteria. Projected effluent quality from the
HRC process will be based on pilot study data. The two flow streams will be blended to
determine the resulting concentration of toxicants at design conditions.
This analysis will be performed for design effluent flow conditions. Where the modeling
shows a reasonable potential to exceed water quality standards, we will calculate the
effluent limits that are likely to be included in the next NPDES permit. These methods
are equivalent to those used by the Ecology NPDES permit writers.
Ecology is in the process of establishing a TMDL for Sinclair Inlet, based on models
being developed by the Navy. The main parameters that have the potential to be
impacted by the TMDL are BOD, toxicants and nutrients. The most likely nutrient to be
controlled through the TMDL is total inorganic nitrogen (ammonia plus nitrate). It is not
expected that the TMDL will be complete before this project. Therefore, the budget
allotted for this task will consist of gaining updates to the status of the TMDL and
projecting potential impacts on the Westside Treatment Plant effluent requirements.
For the Engineering Report supporting the HRC system for wet weather flows, Ecology
may require determination ofbasinwide loadings ofBOD, TSS, metals and nitrogen. The
Consultant will prepare a brief discussion of the net decrease expected for these
parameters when the HRC facilities are online. The report will put these conclusions
within the context of the impending TMDL, based on new Ecology policies for
discharges to 303(d) listed water bodies where TMDLs have not been completed.
City Responsibilities:
The City of Bremerton will furnish existing effluent data for toxicants in the secondary
effluent.
Deliverables:
All deliverables in this task will be included in the Task F Facility Plan support
information.
C.5 Plannin~ Criteria
This task will summarize all the planning criteria to support the development of project
alternatives. The draft technical memorandum from this task will serve as a checkpoint
to get input from the City. The Consultant will review the City' s comments and concerns
September 13, 2001
Pa~e 8 of 17
in a workshop and develop final criteria for Task C.6. The criteria are grouped in the
following areas of study:
· C.5.1 Current Permit Strategies
· C.5.2 TMDL Process
· C.5.3 Biosolids Regulations
· C.5.4 Planning Assumptions for Discharge
· C.5.5 Planning Assumptions for Reuse
· C.5.6 Odor Control
C.6 Alternatives Development
Preliminary treatment and handling alternatives for each of the key facility issues will be
developed.
Deliverables:
A draft section of the Comprehensive Plan discussing possible alternatives sufficient for
City reproduction will be developed and submitted to the City.
C.6.1 Liquid Stream
Approximately 60 MGD of CSO flow will need to be treated by the Westside Facility.
The no action plan is not considered to be an alternative because of the consent decree
requiring action. It is anticipated that a parallel train for 30 MGD of wet weather flow
will be required to treat the 60 MGD of CSO and meet the requirements of the consent
decree. These flows do not represent a flow increase but a redistribution of flows from
other parts of the system. The alternative of storing peak flows versus treating them has
been previously looked at by the conveyance system comprehensive plan. It was
determined that treatment of the stream instead of storage would be more beneficial.
Alternatives for treatment will be investigated including:
· Screening: New parallel fine screens, use of existing rag handling equipment, new
rag handling equipment
· Clarification: Additional primary clarifiers, enhanced primary clarifiers, use of the
biotower, use of Highrate Clarification (HRC)
· Chlorine Contactors: raising the basin free board, building new basins, decreasing
"time" and increasing "dose"
· Addition to or upgrading of plant chemical systems
· Addition to or upgrading of plant electrical and support systems
Each alternative will be looked at to determine approximate footprint and potential siting
locations, technical viability, reliability, quality of treated effluent, and relative costs
(low, medium, high). It is anticipated that the I-IRC alternative to clarification will be the
most beneficial.
September 13, 2001
Pa~e 9 of 17
Treatment of the plant flow stream will also be evaluated as it relates to future TMDL
regulations and BNR requirements. Alternatives will be developed to meet anticipated
requirements. These alternatives will include changes to the aeration basins, secondary
clarifiers, plant operations, and sludge handling. Altemative analysis will include
determining the technical viability, approximating footprints and potential siting
locations, comparing the quality of the effluent, comparing reliability, and relative costs
(low, medium, high).
City Responsibilities:
Review draft technical memorandum and bring all comments to the workshop to discuss
alternatives. Review the draft project description within two weeks of submittal to the
City and provide written comments to the Consultant.
Deliverables:
One copy sufficient for reproduction of a draft technical memorandum discussing the
alternatives will be provided to the City. A workshop will be held with City staff and the
Consultant to discuss the recommended alternatives and City comments on the technical
memorandum and prepare an outline of the project description that will be provided to
the EPA as part of the STAG process. The Consultant will provide meeting minutes to
the participants within one week of the workshop. From this meeting, the Consultant will
develop the written project description for wet weather facilities. The project description
will be provided to the City for review and the final version will be presented to the EPA.
C.6.2 Biosolids Proeessinll
An immediate issue for City planning and treatment plant operations is the handling and
processing of solids, The City's current approach produces Class B solids which are
spread on City land. This approach is anticipated to be no longer available. If the City is
forced to change from their current approach, Class A solids will be required and reuse
will be by a different method. The facilities at the Westside Treatment Facility will not
currently meet the Class A solids criteria. In addition, the City would like to improve
reliability of the their current solids processing systems. Alternatives may include new
digesters and evaluating thermophylic versus mesophylic digesters. Alternatives for
processing solids will be identified. Each alternative will be evaluated for technical
viability, approximating footprints and potential siting locations, comparing the
reliability, comparing the quality of the product, and relative costs of the alternatives.
Deliverables:
One copy sufficient for reproduction of a draft technical memorandum discussing the
alternatives and recommendations will be provided to the City for review.
September 13, 2001
Padre 10 of 17
C.6.3 Reuse
The City would like to increase opportunities to reuse treated wastewater. Potential
opportunities for reuse include onsite uses, irrigation, and uses at the Puget Sound Naval
Shipyard. Reuse will most likely require filtration of treated effluent. The City has been
piloting some filtration systems. An estimate of the quantity of reuse water will be made
and alternatives for producing quality reuse water will be developed. Alternatives may
include fuzzy filters and membranes. Alternatives will be evaluated for technical
viability, approximate footprints and potential siting locations, reliability, quality of
effluent, and relative costs and benefits.
Deliverables:
One copy sufficient for reproduction of a draft technical memorandum discussing the
alternatives, benefits, and recommendations will be provided to the City for review.
C.7 Recommended Plan
The draft and final recommended plan will be prepared for City review divided into the
following three efforts.
C.7.1 Plant Layout and Staging
C.7.2 Biosolids Management
C.7.3 Implementation Triggers
City Responsibilities:
The City will provide timely reviews in accordance with the schedule Attachment A-1.
Deliverables:
There will be two workshops to assist the Consultant in developing a final recommended
plan.
C.8 Financial Information
The financial analysis will detail anticipated capital and operating costs of the
recommended plan (C.7). Anticipated user costs will be developed. Funding of the
recommended plan including the financial capability of the City, Capital financing plan,
and implementation plan will be detailed.
City Responsibilities:
The City will provide information supporting the existing rate structure and current CIP
background.
Deliverables:
Draft memorandum outlining financial impacts of the proposed plan update. The
financial information will be discussed at the workshop conducted as part of task C.7.
September 13, 2001
Pa~e 11 of 17
/'7
C.9 Appendixes
Appendices for the Comprehensive Plan will be prepared as described elsewhere in this
scope of work and included with the final Comprehensive Plan submitted to the City and
Ecology. The following appendices will be attached:
A. Applicable Permits
B. Outfall Mixing Study
C. Capacity Study
D. Westside CSO Treatment Facility Plan (Task
September 13, 2001
Pa~e 12 of 17
WESTSIDE CSO TREATMENT FACILITY PLAN (TASK F)
The Consultant shall prepare the Facility Plan for the Westside CSO Treatment Facility.
The new portion of the facility is anticipated to have screening, high rate clarification,
upgraded chlorine contact chambers and support systems. The Facility Plan will be based
upon the recommended plan for treating wet weather flows as developed during the
comprehensive plan and the project description (Task C.6.1). No improvements to the
plant outfall or in Sinclair Inlet are anticipated as part of this scope.
F.1 Facility Plan
The Facility Plan will conform to requirements of WAC 173-240-020 and the Criteria for
Sewage Works Design will include:
Executive Summary_:
The executive summary will include a site description, problem identification, description
of discharge standards, description of recommended facilities, and an implementation
strategy.
Background Information:
This section of the plan will describe the existing environment including water, air,
sensitive areas, and endangered species.
Alternatives Descriptions & Evaluation:
A discussion of the alternatives will list specific alternative categories for each aspect of
the proposed design. Innovative alternatives, which may save energy or space, will be
assessed. Costs and environmental impacts will also be discussed. Alternatives will be
ranked and one alternative will be recommended.
Final Alternative:
Detailed predesign of the selected alternative will be developed including a site layout,
flow diagram, major equipment and basin sizing, design life, sludge management, future
expansion, and feasibility of implementation.
O&M Requirements:
The operations and maintenance requirements of the selected alternative will be
discussed including present worth costs and staffing needs.
Implementation Plan:
The implementation plan will provide a detailed schedule of the design and construction
of the proposed facilities. The plan will assess critical path of the project and
construction of the new facilities with minimal disruption to the existing treatment plant.
September 13, 2001
Page 13 of 17
Cost Estimate
A detailed capital cost estimate will be included in the Facility Plan.
City Responsibilities:
Review and comment on the draft Facility Plan within two weeks of submittal by the
consultant to the City.
Deliverables:
A draft copy of the Facility Plan will be provided to the City for review and comment.
Twenty final copies of the Facility Plan will be provided to the City and one copy will be
provided to Ecology.
F.2 Environmental Review
The City has been selected to receive state funding and tentatively selected for federal
grant funding to upgrade the City's Wastewater Treatment Plant. The proposed upgrade
consists of the design and construction of a 30 MGD high rate clarification train to be
operated in parallel with the existing primary clarifiers at the site. Specific improvements
associated with the upgrade include: expansion of the chlorine contact basin;
improvements to the standby power system for the facility; installation of a high-rate
clarification system; and potentially, the installation of new outfall booster pumps.
The following assumptions support the scope development:
· The U.S. Environmental Protection Agency (EPA) will be the NEPA Lead Agency
and the City of Bremerton will be the SEPA Lead Agency for the project. The
Washington State Department of Ecology will serve as a SEPA Consulted Agency
· Project improvements to the Wastewater Treatment Plant (WWTP) will not: include
any "in-water" work; extend beyond the existing footprint of the facility; occur within
200 feet of shorelines under the jurisdiction of the Washington Shoreline
Management Act; occur within a designated FEMA 100 or 500 year flood zone; or
include the installation or removal of underground storage tanks
· All project environmental documentation, review and approvals, including
environmental permitting is to be completed no later that January 2002.
The Consultant will be coordinating the environmental review and permit applications for
the project. The general approach is as follows:
· Organize a Project Development Meeting;
· An early project activity will be to determine whether the project meets the criteria of
a categorical exclusion (CE). An Environmental Information Document (EID) will be
prepared to be used by the City and EPA to assist in determining whether the project
meets the criteria for CE under NEPA/SEPA;
September 13, 2001
Pa~e 14 of 17
An agency Coordination Meeting will be held to determine in consultation with the
appropriate state and federal agencies whether the project qualifies as a NEPA/SEPA
CE. If the project qualifies as a CE, no additional NEPA review would be required. If
the project does not qualify as a CE, a NEPA EA would be prepared using the
information developed in the preparation of the ElD;
· Based on consultation with affected regulatory agencies, the environmental
permitting requirements of the project would be identified and the applicable permit
applications would be prepared;
· Coordination would occur with National Marine Fisheries Service (NMFS), U.S. Fish
and Wildlife Service (USFWS), and other state and federal agencies to identify any
information on threatened and endangered species that may be affected by the project,
and facilitate Endangered Species Act (ESA) compliance;
· Coordination would occur with the Washington Office of Archaeology and Historic
Preservation (OAHP), and other government agencies to identify any information on
archaeological, historical, and cultural resources that may be affected by the project,
and facilitate National Historic Preservation Act (NHPA) Section 106 compliance;
and
· A draft Finding of No Significant Impact (FONSI) would be prepared and submitted
to EPA. Once issued, the final NEPA FONSI would be adopted to satisfy the
environmental review requirements of SEPA, and the City of Bremerton would issue
a determination of effect.
F.2.1 Mobilization
Project mobilization includes field surveys of the project site, and review of available
technical reports and data.
F.2.2 Meetings and Coordination
· Project Development Meeting - The Consultant will facilitate a meeting with the City
of Bremerton to present an environmental study plan, which will include a draft
approach and schedule. At this meeting, the Consultant will present the proposed plan
and discuss the implications of the various implementation options. The meeting will
be focused on addressing any unresolved elements of the project description and
obtaining the concurrence of the City in the implementation of the environmental
study plan.
Agency Coordination Meeting - The Consultant will facilitate meetings with the City
of Bremerton, U.S. EPA, Department of Ecology, Washington Department of Fish
and Wildlife, and the Department of Natural Resources to present the project to the
agencies, determine in consultation with the agencies whether the project qualifies as
September 13, 2001
Pa~e 15 of 17
a NEPA/SEPA categorical exemption (CE), and receive feedback from the agencies
regarding permit requirements and environmental review processes.
F.2.3 Prepare Environmental Information Document (ELD)
The Consultant will prepare an Environmental Information Document (ELD) to meet the
requirements of the EPA Procedures for Implementing the Requirements of the Council
on Environmental Quality on the National Environmental Policy Act (40 CFR 6). The
Eli) will provide the objective basis for the City and EPA to determine whether the
project qualifies as a categorical exemption (CE) under NEPA and/or SEPA.
DeBverables: Draft ElD, Final ElD.
F.2.4 Prepare Environmental Permits
Assumptions:
· Modification of the WWTP physical plant will necessitate modification and/or reissue
of the facility's existing National Pollution Discharge Elimination System (NPDES)
Wastewater Discharge Permit.
· Modification or reissue of the existing NPDES Permit as a result of the construction
of project improvements will require a Section 401 Water Quality Certification by the
Department of Ecology.
Based on the preliminary project description and consultation with affected regulatory
agencies, the Consultant will: (1) identify the environmental permitting requirements for
the project and participate in a pre-application meeting with the applicable regulatory
agencies; and (2) prepare identified permit applications (including NPDES wastewater
discharge permit and Section 401 Water Quality Certification) and associated
environmental documentation.
F.2.5 Prepare NEPA Environmental Assessment (EA)
Assumption: The project is not categorically exempt from the environmental review
requirements under NEPA.
An Environmental Assessment (EA) will be prepared to meet the requirements of the
National Environmental Policy Act (NEPA) (42 U.S.C. 4371 et seq. and 40 C.F.R. 1500-
1508), and the EPA Procedures for Implementing the Requirements of the Council on
Environmental Quality on the National Environmental Policy Act (40 CFR 6). The EA
will address those elements of the environment Deliverables: Preliminary, Draft and Final
Environmental Assessments.
September 13, 2001
Paffe 16 of 17
F.2.6 Endangered Species Act (ESA) C0,nsultation
Assumption: The Bremerton CSO project is a construction project that meets the NEPA
definition of a Major Federal Action, and is subject to the review requirements of the
Endangered Species Act (ESA).
Based on initial informal consultation with NMFS and USFWS, the Consultant will
determine the need to prepare a Biological Assessment/Biological Evaluation (BA/BE)
for the project. If a BA/BE is required, it will be prepared using information developed
during the preparation of the project's EID. Deliverables: Agency Coordination
documentation and a project BMBE, if needed.
F.2.7 Prepare findin~ of No Significant Impact (FONSI)
Assumption: Based on the analysis and conclusions contained in the project EA, it is
anticipated that the project will not result in significant environmental impacts.
A draft Finding of No Significant Impact (FONSI) to be submitted to EPA will be
prepared. The preparation and submittal of the FONSI will coincide with EPA review and
approval of the final Environmental Assessment. Deliverable: Draft FONSI.
F.2.8 NltPA Section 106 Consultation
Assumption: No project-related effects to Section 106 cultural/historical resources will be
identified in the course of preparing the EA.
The Consultant will meet with a representative from the Washington Office of
Archaeology and Historic Preservation (OAHP) to present the Bremerton CSO project,
and establish the Section 106 review requirements and SHPO concurrence process for the
project. A draft No Effect concurrence request letter to SHPO will be prepared.
Deliverables:
Draft concurrence request letter for the City to submit on their letterhead.
F.2.9 Prepare Public Notices
The Consultant will prepare drafts of the following public notices: Notice of Availability
of NEPA Environmental Assessment (EA), Notice of Finding of No Significant Impact
(FONSI), Notice of Adoption of the NEPA EA to satisfy environmental review
requirements under SEPA, Notice of SEPA determination of effect.
September 13, 2001
Pa~e 17 of 17
C.9 Appendixes
Appendices for the Comprehensive Plan will be prepared as described elsewhere in this
scope of work and included with the final Comprehensive Plan submitted to the City and
Ecology. The following appendices will be aRached:
A. Applicable Permits
B. Outfall Mixing Study
C. Capacity Study
D. Westside CSO Treatment Facility Plan (Task F).
September 13, 2001
Pa~e 12 of 17
EXHIBIT B
Fee Schedule for Professional Services
Wastewater Comprehensive Plan Update
and
Westside CSO Treatment Facility Plan
Project I.D. No.
Task Amount
Background, Development, Plannings Issues and Criteria (Tasks C. 1, C.2, C.3 $100,720
& c.5)
Mixing Study (Task C.4) 31,911
Treatment Objectives and Alternatives Development (Tasks C.6 & C.7) 70,304
Recommended Plan and Implementation (Tasks C. 8, C.9 & C. 10) 62,701
Subtotal Comprehensive Plan Update $265,636
Project Development (Tasks F 1.1 through F 1.8) 42,770
Environmental Review (Tasks 2.1 through 2.9) 86,080
Final Facility Plan Production (Task F.3) 7, 100
Subtotal Westside CSO Treatment Facility Plan $135,950
TOTAL FEE $401,586
Bremerton/[insert contractor name]
Professional Services Agreement
Table B-1
Billing Rate Schedttle
Effective January 1, 2001
PROFESSIONAL AND SUPPORT SERVICES HOURLY RATES
Vice President/Senior Vice President $55.00 - 65.00
Principal, Associate & Engineer/Scientist (Grade 7 & 8) 45.00 - 60.00
Senior Engineer/Scientist (Grade 6) 40.00 - 54.00
Engineer/Scientist (Grade 4 & 5) 34.00 - 42.00
Construction Resident Engineer 31.00 - 45.00
Construction Resident Inspector 30.00 - 40.00
Staff Engineer/Scientist (Grade 2 & 3) 25.00 - 33.00
Draftsperson/Designer 18.00 - 30.00
Contract Administrator 18.00 - 26.00
Technical Editor 15.00 - 26.00
Administrative Assistant 13.00 - 25.00
Technician/Clerk 9.00 - 18.00
Hourly Rates will be multiplied by 3.20 for billing purposes.
The above are based on regular rates current at the time of execution of
Amendment 1 to this AgreemenL If the regular rates of the employees are
increased during the life of the Agreement, billing and payment will be at the
increased regular rates for the applicable period of time
Other Direct Costs
Other reimbursable direct costs shall be billed at 1.1 times actual costs to cover
the cost of general administrative expenses and handling. These reimbursable
costs include, but are not limited to:
Travel: Air Fare, Auto Rental, Local Mileage ($0.354/mile)
Subsistence: Lodging and Meals
Communications: Long Distance and Cellular Telephone, Fax, Postage, and
Courier Services
Printing: Internal Reproduction ($0.08/sheet Black & White, $$1.00/sheet
Color); Outside Printing Services
Word Processing Computer Charges at $10.00 per Hour
CADD Computer Charges at $18.00 per hour
Consultant, Subconsultant and Testing Services
Equipment Rental
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: Letter of Intent - Bremerton and Port FOR AGENDA OF: October 3, 2001
Orchard Water System Improvements ORIGINATING DEPT: PW&U Engineerin
ORIGINATOR: Gene Sampley, Director PW&~
DATE SUBMITTED: September 26, 200I
2.' CLEARANCES:(commentonbackifn'er'eSsary) / 3.' EXItlBITS ..............
Attorney ~ ,/fi~ A~ Proposed Letter of Intent
?y
Dkector, Community Development
Operations Comrmttee
4. SXATE tS-T' a REqtrmrMENX i, Oa cotmcm ACXION:
Bremerton and Port Orchard have been working together to develop a mutually beneficial plan for the joint
development of the water systems serving their common 580 fi. elevation pressure zones. At this time, the
Cities' staff`have agreed on a number of basic principles and goals, which will ultimately form the basis for an
interlocal agreement establishing a long range plan and a capital facilities plan for water service in the area. The
cooperative plan is intended to provide safe, reliable water service in an efficient and cost effective manner for
the areas generally known as 4200 Feigley and Northwest Corporate Campus in Bremerton's water service area
and McCormick Woods, McCormick North, and McCormick West in the City of Port Orchard's water service
area.
Kitsap County is nearing completion of a sub-area plan under GMA for this area. The attached letter of intent
will allow completion of the County's sub-area plan until such time the details of an interlocal agreement can be
completed. Staff'recommends that the City Council authorize the Mayor to sign the letter of intent.
8. RECOMMENDATION:
A. Motion to authorize the Mayor to sign the attached Bremerton and Port Orchard Water System Improvements
Letter of Intent.
9. RESPONSIBLE OFFICIAL: Director PW&U
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
" 101 NoTIC~'oF ACTION ........
PULLED TABLED APPROVED DISAPPROVED l~
COUNCIL DIRECTIVE
AGENDA BILL NO. 01-214
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Kitsap County will be unable to complete the McCormick subarea plan limiting economic developmem
opportunities in the area.
6. IMPACT ON STAFFING, .BUDGETS, FACILITIES, EQUIPMENT OR OTHER
RESOURCES:
No impact on staffing. The cooperation between Bremerton and Port Orchard will allow the two water
systems to jointly benefit from water availability and service capabilities. This will result in considerable
savings to Bremerton in developing its new West 580 Zone water system.
7. RESEARCH SOURCES
ab, Agenda Bills 2001. LOI Bremerton & Port Orchard Water
Bremerton City Council
239 4th Street
Bremerton, WA 98337
Port Orchard City Council
216 Prospect
Port Orchard, WA 98366
Re: Bremerton and Port Orchard Water System Improvements
Letter of Intent
Dear Council Members:
The purpose of this letter is to summarize the status of discussions between the City of
Bremerton and the City of Port Orchard regarding a plan for cooperative water system
development in the 580 pressure zones contiguous and common to Port Orchard and Bremerton.
Background Information:
The cooperative plan is intended to provide safe, reliable water service in an efficient and cost
effective manner for the areas generally known as McCormick Woods, McCormick North,
McCormick West, 4200 Feigley and Northwest Corporate Campus.
McCormick Woods and McCormick West are in the City of Port Orchard's water service area.
McCormick North, 4200 Feigley and Northwest Corporate Campus, which is immediately north
of McCormick North and within the municipal boundaries of the City of Bremerton, are in
Bremerton's service area. (See attached map.)
This current effort is part of on-going discussions between Bremerton and Port Orchard
regarding efficient and cost effective delivery of urban services to this growing area, and it builds
on prior cooperative arrangements between the two cities regarding sewer service to the same
properties. The McCormick properties comprise sewer ULID#6; Port Orchard provides sanitary
sewer service to the ULID area and also to Northwest Corporate Campus.
Development of Mutually Beneficial Plan and Goals for Capital Facilities:
Bremerton and Port Orchard have been working together to develop a mutually beneficial plan
for the joint development of the water systems serving their common 580 pressure zones that
include the ULID #6 area and Northwest Corporate Campus. At this time, the Cities have agreed
on a number of basic principles and goals, which will ultimately form the basis for an interlocal
agreement establishing a long range plan and a capital facilities plan for water service in the area
described above.
The goals of this agreement are the development of water systems which provide water service
in the affected portions of the service areas of both Cities to allow phasing of capital facility
improvements in a manner which improves system reliability, assures an adequate supply of
water to meet projected needs within their respective service areas, eliminates the need for
duplicative facilities and reduces overall system cost to both Cities.
City of Bremerton
City of Port Orchard
Letter of Intent
September ,2001
Page Two
Bremerton agrees that it will provide water to the City of Port Orchard to assist Port Orchard in
maintaining a dependable supply of water in a portion of the ULID #6 service area until such
time as Port Orchard secures necessary water rights for its intended purposes. The quantity of
water that will be available from Bremerton is not known precisely at this time, although
Bremerton's current plans indicate that approximately 285 acre feet per year or 350 gpm
maximum daily demand will be available at the time that Port Orchard needs an additional water
source for its portion of the ULID//6 service area.
Both Bremerton and Port Orchard recognize that the completion of the process of finalizing an
inteflocal agreement is in their mutual best interests and will continue to work cooperatively to
complete this process in a timely manner.
CITY OF BREMERTON CITY OF PORT ORCHARD
By by
Mayor Lynn Horton Mayor Jay Weatherill
cc: Gene Sampley, City of Bremerton
Larry Curies, City of Port Orchard
AGENDA BILL
BREMERTON CITY COUNCIL
SUBJECT: CONSTRUCTION MANAGEMENT FOR AGENDA OF: October 3, 2001
SERVICES FOR THE CALLOW BASIN ORIGINATING DEPT: PW&U Engineering Div.
PRIORITY 5 STORM SEPARATION PROJECT, ORIGINATOR: Jennifer Strehler, City Engineer
PROFESSIONAL SERVICES AGREEMENT DATE SUBMITTED: September 10, 2001
WITH URS CONSTRUCTION SERVIC~S,,.~
2. CLEARANCES: (comment on bac//~~ 3. EXHIBITS
Director, Public Works/Utilities
City Attorney ~ ( "~ A. Professional Services Agreement with
City Treasurer ~ - ~ /' URS Construction Services.
Director, Purchasing
Council Budget & Finance Committee .
Operations Committee r~ ~,~.~.~_...,/
APPROVED BY COUNCIL_P-R;E~DF_.lgF FOR SUBMITTAL:
MAYOR~ ' COUNCIL PRESDE
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
Based on an evaluation of qualified consultants the City has selected and negotiated a Professional Services
Agreement with URS Construction Services to provide construction management (CM) services for the Callow
Basin Priority 5 Storm Separation Project. The City has insufficient staff available for construction management of
this project. Passage of this Agenda Bill will result in the City's ability to construct the project on time and in
compliance with the consent decree schedule. The not-to-exceed amount of the agreement is $278,496.00. The
request before the City Council is to approve an agreement for professional services with URS Construction
Services to provide construction management services for the Callow Basin Priority 5 Storm Separation Project.
Staff recommends approval of the Agreement.
8. RECOMMENDATION:
Move to approve a Professional Services Agreement with URS Construction Services to provide construction
management services for the Callow Basin Priority 5 Storm Separation Project, in an amount not to exceed
$278,496.00, and authorize the Mayor to execute the same.
9. RESPONSIBLE OFFICIAL: City Engineer
ENFORCEMENT OFFICIAL: N/A
EXPIRATION DATE:
REVIEW DATE:
10. NOTICE OFACTION
PULLED TABLED APPROVED DISAPPROVED
COUNCIL DIRECTIVE DATE:
11. AGENDA BII.L NO: Ol - gl ~"
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
The City's inability to meet the consent decree and order on consent for sewer separation in the Callow Basin.
6. IMPACT ON STAFFING, BUDGETS~ FACILITIES, EQUIPMENT OR OTHER RESOURCES:
This project is entirely funded by a U.S. EPA Grant. City staffwill administer and monitor the contract with U-RS.
7. RESEARCH SOURCES
Not Applicable.
ab/Agenda Bills 2001/PSA w/URS, Callow Basin Priority 5 Storm Separation Project, 9-01t
PROFESSIONAL SERVICES AGREEMENT
URS Construction Services
THIS AGREEMENT, for reference purposes only, is dated the day of
, 2001, and is entered into by and between the City of Bremerton, a municipal
corporation (hereinafter referred to as "City" and "Owner") and URS Corporation America
(hereinafter referred to as "Consultant" and "URS Construction Services").
WITNESSETH:
1. SCOPE: Consultant agrees to provide Construction Management Services as described
in the Scope of Work attached hereto and incorporated herein by this reference as Exhibit "A".
2. TERM: Contract shall commence on the date of this agreement and will terminate on
June 30, 2003, unless otherwise extended by the City, or unless earlier terminated pursuant to the
terms of paragraph 10.
3. COMPENSATION: City shall pay Consultant compensation as follows:
Total fees under this Agreement shall not exceed two hundred seventy-eight thousand four
hundred and ninety six ($278,496.00) dollars. Charges for services shall conform to the fee schedule
attached hereto and incorporated herein as Exhibit "B".
Consultant shall submit regular statements describing the services rendered with a
breakdown for work completed as authorized under this Agreement. The City, upon receipt of
the completed statement, shall promptly process said claim for payment. If City objects to all or
any portion of any invoice, City shall notify Consultant of the objection within fifteen (15) days
from the date of receipt of the invoice, give reasons for the objection, and pay that portion of the
invoice not in dispute.
If City fails to pay Consultant within sixty (60) days of receipt of invoice, Consultant may
suspend further performance until payments are current. Consultant will return to work on the
Project only when the unpaid balance has been paid in full to Consultant. If City non-payment
continues for a period of six (6) months or longer, Consultant reserves the right to terminate this
Agreement and pursue all legal and equitable remedies to collect full payment from City.
Additional services which may be requested by the City will be paid for by the City at the
rates set forth in Exhibit B, which sum may exceed the "not to exceed" amount set forth above.
4. RELATIONSHIP OF PARTIES: The parties understand and agree that URS
Construction Services is a firm skilled in matters pertaining to Construction Management and will
perform independent functions and responsibilities in the area of its particular field of expertise.
Consultant and its personnel shall act as independent contractors and not employees of the City. As
such they have no authority to bind the City or control employees of the City, contractors, or other
PROFESSIONAL SERVICES AGREEMENT - 1 -
URS-CM PSA - 9;4/01
,33
entities within the performance of these duties. Consultant shall work under the direction of the
Director of Public Works & Utilities or his designee.
5. INDUSTRIAL INSURANCE: Consultant agrees to provide for State industrial
insurance coverage for its personnel as required by State law.
6. LICENSE AND TAXES: Consultant shall possess a current Bremerton Business
License and any regulatory license required to fulfill Consultant's obligations under this Agreement.
B & O taxes shall be paid when due and Consultant, by this Agreement, assigns any payments due
under this Agreement to the City Clerk for payment of such taxes that have been declared delinquent.
7. INSURANCE AND HOLD HARMLESS: Consultant shall provide professional
liability or errors and omissions insurance of $1,000,000 per claim and comprehensive general
liability insurance, including bodily injury and property damage, of at least $1,000,000 per
occurrence. The City shall be named an additional insured on the comprehensive general liability
insurance policy.
The Consultant shall indemnify and hold the City, its employees, and elected and appointed
officers harmless from any and all claims of whatever kind or nature, arising directly or indirectly
from actions or inactions of the Consultant, its officers, employee or subconsultants, arising directly
or indirectly from the Consultant's negligent performance or failure to perform its duties under the
terms of this Agreement.
Ifa claim is made that both parties are responsible for all or a portion of damages alleged to
have been sustained as a result of acts or omissions of the parties hereto, then the above referenced
indemnity and hold harmless provision shall apply only to the extent of the proportion of liability
attributable to the indemnifying party. If liability is not or cannot be apportioned, then the parties
shall be responsible for their own costs and attorneys fees incurred in the matter and shall indemnify
and hold the other party harmless for one half of any amount awarded by the Court or other decision
making body with jurisdiction as a result of the alleged acts or omissions.
Except for damages caused by the sole negligence of the City, the Consultants obligation
under this section, the provisions of the preceding paragraph notwithstanding, shall include, but not
be limited to:
A. the duty to promptly accept tender of defense and provide defense to the City at
Consultant's expense;
B. the duty to indemnify and defend the City from any claim, demand, and/or cause of
action brought by or on behalf of any of the Consultant's or subconsultants' employees or agents.
The foregoing duty is intended to constitute a waiver of the Consultant's immunity under
Washington's Industrial Insurance Act (Title 51 RCW), with respect to the City only, and only to the
extent necessary to provide the City with a full and complete indemnity and defense of claims made
PROFESSIONAL SERVICES AGREEMENT -2-
URS-CM PSA - 9/4/01
by the Consultant's or subconsultants' employees.
C. in the event that the City incurs attorney fees and/or costs in the defense of claims for
damages within the scope of this paragraph, such fees and costs shall be recoverable from the
Consultant.
8. GENERAL CONDITIONS:
a. Reports and Information - Consultant, at such times and in such forms as the City may
require, shall furnish the City such reasonable periodic reports and documents as it may request
pertaining to the work or services undertaken pursuant to this Agreement, the costs and obligations
incurred or to be incurred in connection therewith, and any other matters covered by this Agreement.
Consultant will maintain accounting records in accordance with generally accepted accounting
principles and practices to substantiate all invoiced amounts.
b. Entire Agreement - This Agreement constitutes the entire agreement between the parties
and both parties acknowledge that there are no other agreements, written or oral, that have not been
fully set forth in the text of this Agreement. There are attached hereto and incorporated by reference
as part of this Agreement Exhibits "A, B and C".
c. Amendments - The parties hereby further agree that this Agreement cannot be amended or
modified without the written concurrence of both parties.
d. Notices - Any notices required to be given by the City to Consultant or by Consultant to
the City shall be in writing and delivered to the parties at the following addresses:
City Clerk URS Corporation America
239 Fourth St. Brian Russell
Bremerton, WA 98337 Manette Plaza
1100 Wheaton Way, Suite B
Bremerton, WA 98310
e. Waiver - Failure to insist upon strict compliance with any terms, covenants or conditions
of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of
such right or power at any time be taken to be a waiver of any other breach.
f. Compliance with State, Local and Federal Laws - Consultant agrees to comply with all
applicable local, state and federal laws in performance of all services under this Agreement.
g. Applicable Law; Venue - This Agreement shall be construed and interpreted in accordance
with the laws of the State of Washington and, in the event of dispute, the venue of any action brought
hereunder shall be in Kitsap County Superior Court.
h. Attorney Fees - The substantially prevailing party in any litigation arising hereunder shall
PROFESSIONAL SERVICES AGREEMENT -3-
URS-CM PSA - 9/4/01
be entitled to its reasonable attorney's fees and court costs, including appeals, if any.
9. NONDISCRIMINATION: Consultant shall not discriminate in employment or services
to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability,
except employment actions based on a bona fide occupational qualification.
10. TERMINATION: This Agreement maybe terminated by either party for convenience
upon thirty (30) days' written notice to the other party, or for cause if either party fails substantially to
perform through no fault of the other and does not commence correction within five (5) days of
written notice and diligently completes the correction thereafter. Upon such termination, City will be
entitled to reports showing the status of all matters upon which Consultant is advising the City as of
the effective date of termination.
11. STANDARD OF PERFORMANCE: The standard of care for all professional
engineering and related services performed or furnished by Consultant under this Agreement will be
the care and skill ordinarily used by members of Consultant's profession practicing under the same
or similar circumstances at the same time and in the same locality.
12. CONSTRUCTION PROCEDURES: Consultant's observation or monitoring of
portions of the work performed under construction contracts shall not relieve the contractor from its
responsibility for performing work in accordance with applicable contract documents. Consultant
shall not control or have charge of, and shall not be responsible for, construction means, methods,
techniques, sequences, procedures of construction, health or safety programs or precautions
connected with the work and shall not manage, supervise, control or have charge of construction.
Further, Consultant shall not be responsible for the acts or omissions of the contractor or other
parties on the project. The provisions of this paragraph are not intended to relieve the Consultant of
its duty to perform Construction Management Services within the standard of care of that discipline
recognized in the construction industry for the greater Seattle-Bremerton metropolitan area.
If cultural resources are encountered during construction, Consultant shall stop all construction
activity and notify the City Engineer, the Envirnonmental Protection Agency, and the
Washington State Historical Preservation Office.
13. RE-USE OF DOCUMENTS: All documents, including all reports, drawings,
specifications, computer software or other items prepared or fumished by Consultant pursuant to this
Agreement, are instruments of service with respect to the project and are property of the City. Any
reuse by the City for other than the specific purpose intended will be at City's sole risk and without
liability or legal exposure to Consultant, and City will defend, indemnify and hold harmless
Consultant from all claims, damages, losses and expenses, including attorney's fees, arising or
resulting therefrom. Unless otherwise specified in the exhibits, the format for documents and work
products shall be in Microsoft Office 2000 software, AutoCAD2000, and SureTrack 3.0.
14. HAZARDOUS MATERIALS: City represents to Consultant that, to the best of its
PROFESSIONAL SERVICES AGREEMENT -4-
URS-CM PSA - 9/4101
knowledge, no hazardous materials are present at the project site. However, in the event hazardous
materials are known to be present, City represents that it has disclosed to Consultant the existence of
all such hazardous materials, including but not limited to asbestos, PCB's, petroleum, hazardous
waste, or radioactive material located at or near the project site, including type, quantity and location
of such hazardous materials. It is acknowledged by both parties that Consultant's scope of services
do not include services related in any way to hazardous materials. In the event Consultant or any
other party encounters undisclosed hazardous materials, Consultant shall have the obligation to
notify City and, to the extent required by law or regulation, the appropriate governmental officials,
and Consultant may, at its option and without liability for consequential or any other damages to
City, suspend performance of services on that portion of the project affected by hazardous materials
until City: (i) retains appropriate specialist consultant(s) or contractor(s) to identify and, as
appropriate, abate, remediate, or remove the hazardous materials; and (ii) warrants that the project
site is in full compliance with all applicable laws and regulations. City acknowledges that
Consultant is performing professional services for City and that Consultant is not and shall not be
required to become an "arranger," "operator, .... generator," or "transporter" of hazardous materials,
as defined in the Comprehensive Environmental Response, Compensation, and Liability Act of 1990
(CERCLA), which are or may be encountered at or near the project site in connection with
Consultant's services under this Agreement. If Consultant's services hereunder cannot be performed
because of the existence of hazardous materials, Consultant shall be entitled to terminate this
Agreement for cause on 30 days written notice.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and year
indicated.
URS Corporation America
Date: BY:
Vladimir Khazak, Executive Vice President
CITY OF BREMERTON
Date: BY:
Lynn S. Horton, Mayor
Depar~ental Approval
Date: BY:
W. Eugene Sampley, P.E., Director of
Public Works & Utilities
APPROVED AS TO FORM:
City Attorney
PROFESSIONAL SERVICES AGREEMENT -5-
URS-CM PSA - 9/4/01
3'7
RECEIVED FOR FILING:
KATHLEEN L. McCLUSKEY, CITY CLERK
PROFESSIONAL SERVICES AGREEMENT -6-
URS-CM PSA - 914/01
EXHIBIT A
CITY OF BREMERTON
CALLOW BASIN PRIORITY 5 STORM SEPARATION PROJECT
CONSTRUCTION MANAGEMENT SERVICES
SCOPE OF WORK
I. GENERAL DESCRIPTION
The purpose of this Contract is for URS Construction Services a division of URS Corporation
America to provide design and construction phase consultant services to the City of Bremerton
Public Works & Utilities for the Callow Basin Priority 5 Storm Separation Project. It is
understood that this is a federally funded EPA project which requires support documentation.
II. CONSULTANT'S RESPONSIBILITIES
Consultant to provide level of effort consistent with budget identified in Exhibit B and as
identified by the following tasks:
1. ASSUMPTIONS
A. The level of effort consistent with budgets identified in Exhibit B and identified by the
tasks herein are based on information provided by the City of Bremerton and
preliminary design drawings for the Callow Basin Priority 5 Storm Drainage Separation
project prepared by HDR Engineering.
B. That portion of the project approximately between Burwell Street and 9th Street along
Callow Avenue is to be performed as "Night Time Construction" between 9:00 P.M.
and 6:30 A.M.
C. The estimated period of performance for the project is as shown in Exhibit C of the
agreement.
D. Quality control testing required for the project will be scheduled and coordinated by
Consultant. The testing shall be performed by an independent accredited testing
laboratory and costs of such inspection shall be borne by the City.
City of Bremerton 1 Construction Management Services
2. TASKS
A. TASK 300 - PRECONSTRUCTION CONTRACT ADMINSTRATION
a) SPECIFIC ACTIVITIES
SUBTASK 302
· Participate in design review meetings and provide input on design issues and
progress.
· Support the City with as-requested assistance in the review and evaluation of the
project design.
· Provide a constructablity review and quality assurance check of the project drawing
and specification package, and general requirements of the construction bid
documents at the 75% design level of completion. The constructablity review and
quality assurance check review comments shall be prepared by URS Construction
Services and submitted to the City.
· Prepare a pre-bid construction schedule at the 90% level of completion.
· Assistance to the City during the bid period shall be at the direction of the City's
Project Manager and may include input on addenda issues, preparation for and
attendance at prebid meeting, responding to bidders questions, review and evaluation
of bidders, performance of reference checks, and assistance with contract award
processing.
b) PRODUCTS
SUBTASK 302
· Written comments of constructablity review and quality assurance check.
· Pre-bid construction schedule in text format and electronic media.
· Written minutes ofprebid meeting.
B. TASK 510 - PROJECT MANAGEMENT/ADMINISTRATION
a) SPECIFIC ACTIVITIES
· Implement project documentation system and tracking systems for submittals, RFIs,
change orders, correspondence and project contacts.
· Manage preconstmction planning activities including preconstruction conference,
and assisting Contractor with development of schedule, review of critical time
sensitive submittals, policies and procedures, and scope review.
· Participate in coordination meetings with the Contractor, City staff, and consultants.
Meetings will be scheduled in advance and shall occur on a regular basis.
· Coordinate and track Contractor transmittal of submittals and Requests for
Information, and report status at coordination meetings. Additional written
comments to Contractor submittals and RFIs may be necessary to state the
appropriate course of action to be taken.
· Review monthly progress payments submitted by Contractor and transmit to the City
for payment.
City of Bremerton 2 Construction Management Services
· Prepare ongoing monthly status reports and invoices. Status reports to include
comparison of budget cost of construction management work versus actual cost of
construction management work performed for all activities associated with the
Project, and identification of issues which have an impact on the project.
· Coordinate construction activities and communicate with Washington State
Department of Transportation (WSDOT) as needed for portions of the project located
within WSDOT Right-of-Ways.
· Coordinate with City Utility (Water/Sewer/Storm/Traffic) Operations during tie-ins,
repairs, traffic detours, and all other issues resulting from the construction.
b) PRODUCTS
· Project documentation system and database.
Meeting agenda and minutes ofpreconstruction and coordination meetings.
· Database reports of outstanding submittals, RFIs, and change orders for distribution
at project meetings for discussion.
· Monthly status reports of construction progress.
C. TASK 520 - CONSTRUCTION CONTRACT ADMINISTRATION
a) SPECIFIC ACTIVITIES
· Act as daily point of contact with the Contractor, and monitor progress quality and
quantity of work on a daily basis.
· Assemble all documentation required to issue changes to the contract. Prepare cost
estimates, justification for change, prepare letters to Contractor issuing proposed
change orders and requesting cost proposals, lead change order negotiations with the
Contractor, prepare negotiation notes, prepare NTP letters and letters confirming
negotiated prices. Prepare amendment to Contractor's contract for transmittal to the
City.
· Review specifications and drawing requirements. Maintain an up-to-date project
manual.
· Prepare and respond to all project correspondence.
· Resolve day-to-day project issues, as well as design and contract issues with the
Engineer, Contractor and Owner.
· Verify that Contractor maintains updated record drawings.
· Maintain copy of all permits on site.
· Monitor project construction costs (actual versus budget) and report monthly.
· Review Contractor's baseline schedules. Maintain schedule updates and review and
monitor Contractor's CPM schedule. Provide and maintain as-built schedules.
b) PRODUCTS · Written documentation pertaining to project issues.
· Monthly report of project costs.
· Schedule updates.
· As-built schedules maintained at project office.
· Written documentation and cost estimates for change orders.
· Written comments, as needed, to Contractor's CPM schedule.
City of Bremerton 3 Construction Management Setx'ices
Written amendments to Contractor's contract reflecting cost changes.
a)
E. TASK 720 - INSPECTION SERVICES
a) SPECIFIC ACTIVITIES · Inspect work methods and products; verify compliance with project manual.
· Inspect materials; verify compliance with project manual.
· Inspect equipment; verify compliance with approved submittals and project manual.
· Monitor material quantities installed by Contractor.
· Monitor schedule process.
· Point of contact for quality control testing services.
· Prepare inspection correspondence, records and reports.
· Conduct quality control meetings.
· Verify permit compliance.
· Develop punch lists.
· Take, catalog and maintain construction progress photographs.
b) PRODUCTS · Daily inspection report on quality compliance.
· Material quantity logs.
· Startup and testing checklists.
· Quality Control test reports.
· Punch lists.
· Construction photographs.
F. TASK 900 - PROJECT CLOSEOUT
a) SPECIFIC ACTIVITIES · Conduct final inspection with City staff and Project Designer to establish final punch
list.
· Monitor and verify completion of punch list items and issue substantial completion to
Contractor.
· Verify submittal of specified warranties and coordinate warranty issues.
· Coordinate transmittal of Contractor's record drawing information to the City.
· Transmit recommendation of final completion letter to the City.
· Transmit all URS Construction Services maintained project files and documentation
to the City at completion of the project.
b) PRODUCTS · Issuance of Letter of Substantial Completion with final punch list.
· Transmit Contractor's record drawing information to the City.
· Issuance of Final Completion Recommendation letter to the City.
City of Bremerton 4 Constntction Management Sera,ices
· Transmit URS Construction Services maintained project files, project manual,
construction photographs, correspondence, and etc. to the City.
III. OWNER'S RESPONSIBILITIES
1. City of Bremerton shall appoint an Owner's Representative with respect to work to be
performed under this Agreement. Owner's Representative shall have complete authority to
transmit instructions, receive information and interpret and define City of Bremerton policies.
Consultant shall be entitled to rely on representations made by Owner's Representative unless
otherwise directed in writing by the City.
2. City of Bremerton shall be responsible for all final bid document preparation, reproduction
and mailings required for project, and maintain all required plan holder lists.
3. Provide access to City Facilities as needed to complete the work at reasonable hours.
4. Provide operating, maintenance and existing design data and drawings for existing facilities as
needed.
5. Provide City employed survey crew as needed to verify Contractor work and to set temporary
bench mark controls for use by the Consultant.
6. Provide Consultant one copier with automatic document feeder (ADF), copy exit sorter, and
capability to copy 11" x 17" paper for use at the Consultant's field office for the duration this
Agreement.
City of Bremerton 5 Construction Management Sen,ices
EXHIBIT B
CITY OF BREMERTON
CALLOW BASIN PRIORITY 5 STORM SEPARATION PROJECT
CONSTRUCTION MANAGEMENT SERVICES
COMPENSATION
Compensation for Consultant's services under this Contract shall be paid as follows for authorized
services performed.
Personnel Costs shall be at the hourly billing rates of the personnel listed herein and may be adjusted
annually by the Consultant upon 30 days written notice to the City. For positions and other work not
covered by the "billing rates" included herein, direct labor with a multiplier of 2.11 will be utilized to
calculate total labor cost inclusive of overhead and profit.
SnbConsultant Costs shall be at their cost to Consultant plus a fixed fee.
Other Direct Costs shall be at their cost to Consultant plus a fixed fee and are the actual expenses
incurred directly or indirectly in connection with the project including, but not limited to, the
following:
1. Travel expenses when traveling in connection with the project. Automobile
transportation shall be reimbursable at the current rate published by the Internal
Revenue Service.
2. Postage charges.
3. Telephone monthly charges; local and long distance.
4. Office supply charges.
5. Sales tax, excise tax, or gross receipts tax that may be imposed on this Agreement.
6. Field office rent and utilities.
7. Data processing software and hardware, pre-approved by the City.
8. Other direct costs related to the work.
Monthly invoices shall be submitted to the City for work performed subsequent to work covered by all
previously submitted invoices and shall be computed pursuant to the rates and limitations set forth
above. A portion of the total fixed fee will be included in each invoice in proportion to the total costs
expended to date.
The approximate distribution of costs with respect to the tasks are presented in Table B~ 1. Consultant
may adjust the distribution of compensation between individual tasks of the work noted herein to be
consistent with services actually rendered, but shall not exceed the total estimated compensation
amount without prior written approved from the City.
City of Bremerton 1 Construction Management Sera, ices
EXHIBIT B
TABLE B-1
CALLOW BASIN PRIORITY 5 STORMWATER SEPARATION
Labor Estimate Task 300 Task 510 Task 520 Task 720 Task 900 Totals
Preconstruction Project Construction Contract Administration Inspection Contract
Contraet Admin Management Services Closeout
Direct Labor Overhead at Billed SubTask302 ProjeetMgmt Contract Admin. Project Controls Submittals Inspection Closeout Total Total
Position Staff Rate 110.99% Rate Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount Hours Amount
Principal Brian Russell 59.85 66.43 126.28 0 0 32 4,04t 0 0 0 0 0 0 0 O 8 1,010 40 5,051
Resident Engineer Floyd Baylcss 33.47 37.15 70.62 100 7,062 100 7,062 420 29,66C 0 30 2,119 1200 84,742 120 8.474 1970 139,118
Resident Engineer JeffVaughn 34.76 38.58 73.34 0 C 0 C 0 C 0 0i 40 2,934 0 0 0 C 40 2,934
Inspector Inspector 28.90 32.08 60.98 0 0 0 0 0 C 0 C 0 0 500 30,488 0 C 500 30,488
Project Controls Mark Shelton 38.70 42.95 8t.65 80 6,532 50 4,083 0 0 80 6,532 0 0 0 0 16 1,306 226 18,454
Admin Support Jane Kirk 27.76 30.81 58.57 20 1,171 600 35,142 0 0 0 0 0 0 0 0 100 5,857 720 42,171
Subtotals 14,766 50,328 29,66(I 6,532 5,052 115,230 16,648 238,216
Subtotal Labor per task 14,766 50,328 41,244 115,230 16,648
Total Estimated Direct Labor & Overhead Costs I $ 238,216 I
Other Direct Costs (Billed with Task 510)
Fixed Fee for Labor [ $24,000J
Item Rate Estimated
Cost
Constructioo Photographs Digital ~ $120/mo 1,080
Outside Reproduction At-Cosl 500
Field Office Telephone At-Cost (9 Months) 3,000
Field Office Rental & UIilities 60% of At-Cost (9 Months) 5,700
Project Related Travel 34.5 cents per mile or current IRS allowable rate 1,500 Total Estimated ODCs t $ 14,780 I
At-cost all project related office supplies, references, postage, and
Misc >ther expenses. 3,000
Subt°talsl I 14,780 Fixed Fee for ODCs [ $1,500]
Total Estimated SubConsultant Costs I. $ -
Fixed Fee for SubConsultant Costs I
TOTAL ESTIMATED COMPENSATION [ $ 278,496 I
CiO' q[' Bremcrton 2 Construction Management Services
EXHIBIT C
CITY OF BREMERTON
CALLOW BASIN PRIORITY 5 STORM SEPARATION PROJECT
CONSTRUCTION MANAGEMENT SERVICES
PROJECT SCHEDULE
The schedules for work conducted under this Agreement are listed herein.
The Consultant understands that the City would like to issue the Callow Basin Priority 5 documents
for bid in November of 2001 to enable construction to begin in the spring of 2001, with completion
of the Project in the fall of 2002. The following milestones of this Project are intended to meet this
schedule.
Consultant Notice to Proceed October 4, 2001
Consultant receive 75-Percent Design Submittal
for review and comment October 5,2001
Consultant provide review comments of 75-Percent
Design Submittal to City October 10, 2001
Consultant receive 90-Percent Design Submittal
for review and comment October 24, 2001
Consultant provide review comments of 90-Percent
Design Submittal to City November 1, 2001
City provide Final Plans, Specifications and
Bidding Documents November 30, 2001
Issue for Bids December 3, 2001
Pre-Bid Conference December 12, 2001
Bid Opening December 20, 2001
Contractor NTP January 21, 2002
Start Construction March 1, 2002
Project Substantial Completion August 31, 2002
Project Closed Out October 31, 2002
Ci~. of Bremerton 1 Construction Management Services
qC
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: ORDINANCE NO. FOR AGENDA OF: ~,~..,~--~.~ ~:
2002 - 2007 S~-~ T~SPORTATION O~G~AT~G DEPT: PW&U Engineering Div.
~ROVEME~ PL~ O~G~ATOR: Jeerer Strehler, Ci~ Enginee~~
DATE S~TTED: September 10, 2001
2. rEtirES: (comment on bac~~~/~,/,~~ 3. E~IBITS
Director, Public Works~tilities ~~ . A. Six-Ye~ Tr~spo~ation ~provement PI~.
CiW A~omey .~~ B. Ordin~ce ~ ~.
~.~ Trea~rer . ~ ~~
Director, CO~IW Development ~~- .-/ /
Council Budget & Fin~ce Co~i~ee
~erations Co~i~ee ~~ ~
E~ORSEM~ ~ ~~TION~ ~PROVED BY CO~C~ P~ENT mR S~M~T~:
~YOR ,~~ ~'~~ CO~C~ P~S~ENT ~ //~ ....
4. SUMM~Y STATEMENT ~D ~QUI~NT FOR COUNCIL ACTION:
The Six-Ye~ Tr~spo~ation ~provement PI~ is prepped p~su~t to RCW 35.77.010 ~d RCW 36.81.121.
The Pl~ is updated ~ually ~d filed ~th ~e Secret~ of Tr~spo~ation, Depment of Tr~spo~ation, Local
Progms Office. It is intended as a pl~ng tool for the local, State ~d Federal ~spo~ation ~ding entities.
The a~ached pl~ h~ been prepped for CiW Co~cil approval by Ordin~ce ~d will be submi~ed to the
Washin~on State Depment of Tr~spo~ation.
8. ~COM~NDATION:
~ion,o* ~[~-- ",.~ ...... a[tucneo Ordinmtc~,~roves the Ci.' ~ r~spo~ation
B. Motion to ~ Ordin~ce ~ ~ 7.~ whch approves the Ci~'s 2002-2007 Six-Ye~ Tr~spoaation
~provement Pro.m, ~d direct the Mayor to fo~d ~e ~din~ce ~d PI~ to the Dep~ment of
Tr~spo~ation, Local Pro.ms Office.
9. ~SPONS~LE OFFICe: Ci~ En~neer
E~ORCEMENT OFFICe: N/A
E~TION DATE:
~V~W DATE:
10. NOTICE OF ACTION
PULLEDcouNCIL DIRECTIvETABLED APPROVED DISAPPROVED ~1E..~A
11. AGENDA BILL NO:
2. CLEARANCE COMMENTS:
5. IMPACT ON NON-PASSAGE:
Annual adoption of a Six-Year Transportation Improvement Plan for the City is required by State
law and is a requirement to receive certain State and Federal Transportation funds. Non-passage
would violate the law and jeopardize funding.
6. IMPACT ON STAFFING~ BUDGETS~ FACILITIES~ EQUIPMENT OR OTHER
RESOURCES:
7. RESEARCH SOURCES
ab, Agenda Bills 2001, Six Yr TIP 2002 - 2007
ORDINANCE NO. ~"~"/~
AN ORDINANCE relating to the 2002 - 2007 Six-Year
Transportation Improvement Plan.
Whereas, the City of Bremerton has reviewed the work accomplished under its
Comprehensive Arterial Street Construction Program and determined current City street
needs; and,
Whereas, the City Council caused to be prepared a revised and extended Six-
Year Transportation Improvement Plan for the period of January 1, 2002, to December
31,2007, and after public hearing thereon approved the same;
NOW, THEREFORE, THE CITY OF BREMERTON DOES HEREBY ORDAIN:
Section 1. That the revised and extended Six-Year Transportation
Improvement Plan 2002-2007 is hereby adopted for the period of January 1, 2002, to
December 31,2007.
Section 2. Effective Date. This ordinance shall become effective ten days
after passage and publication.
APPROVED by the City Council of the City of Bremerton this day of
,2001.
PASSED by the City Council of the City of Bremerton this day of
,2001.
JOHN E. LAW, Council President
APPROVED by this day of ,2001.
LYNN HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
~ Washington State Department of Transportation .. Six Year Transportation Improvement Program
Agency: Bremerton From 2002to2007
co. No.: 18 Co. Name: Kitsap Co. Hearing Date: Adoption Date:
City No.: 0115 MPO/RTPO: PSRC Amend Date: Resolution No.:
Project Identification Project Costs in Thousands of Dollars Federally Funded
A. Federal Aid No. B. Bridge No. ~ 5 § ~ Fund Source Information Expenditure Schedule Projects Only
o =. ~- Required
o t= D. Street/Road Name or Number ~.~- ~ -~ ~ Phase Federal Federal State 4th
~_(a -r..-, ~ r~ ~ State Local Total Envir.
- ~- "~ · Start Fund Cost by Fund 1st 2nd 3rd Thru
n Z E. Beginning MP or road Ending MP or road E Date
- '~ Funds Funds Funds Type (MM/Y~
F. Describe Work to be Done ~_ (mm/dd/yyyy) Code Phase Code 6th
1I 2 I 3 4 I 5 6 7 8 9 10 11 12 13 14 i 15 16 17 18 19 20 21
14
1
STPF-0304(008)
03
P
SR304 TIP - Downtown/Navy Highway Phase 04 SRW 6/5/2000 STP 4237 OTHER I 5148J 867 i 102521 23851 29321 Yes
06 G
from: Ferry Terminal/Porter St to: Bum/ell St/SR 3 07 P
HOV improvements, widening, reconstruction, overlay, signal and lighting T
W Totals 4971 5262 867 11100 2585 3232 12
14 2 04 p .29 C CNI 2/1/20021 I I WSDOTI 34151 ! 3415l 34151 I i ElS
SR304 TIP - Stage lC - Navy Yard Hwy Phase 07 G Yes
SR 304 06 P
from: Porter St to: Charleston Beach Road 03 S
HOV improvements, oveday, widening, reconstruction, signal and lighting m
W Totals 3415 3415 3415
I
14 3 06 p 0.40 C CNI 2/1/2003I J IWSDOTI 10631 I 10831 I 10631 I ElS
SR304 TIP - Stage 1E - Downtown Phase 07 G Yes
SR 304 P
from: Burwell Street to: Bremerton Ferry Terminal m
Resurfacing, street lighting, signal end sign modifications W
~ Totals 1063 1063 1063
14 4 03 p .9 C CNI 2/1/20041 I I WSDOTI 42201 I 42201 I I 42201 ElS
SR 304 TIP - Stage 1D - Charleston Beach Road Phase 04 G Yes
SR 304 06 P
from: Charleston Beach Rd to: SR 3 I 07 S
HOV Improvements, oveday, widening, reconstruction T
W Totals 4220 4220 4220
Report Date: August 24, 2001 Page 1
Supersedes previous editions
~ Washington State Department of Transportation ._ Six Year Transportation Improvement Program
Agency: Bremer~onFrom 2002 to 2007
Co. No.: 18 Co. Name: Kitsap Co. Hearing Date: Adoption Date:
City No.: 0115 MPOIRTPO: PSRC Amend Date: Resolution No.:
Project Identification Project Costs in Thousands of Dollars Federally Funded
A. Federal Aid No. B. Bridge No. ~ =- ~, Fund Source Information Expenditure Schedule Projects Only
E ~ ~ ~ ~ ~ (Local Agency)
'~ ~ .~'~ C. Project Title o>e ~ ~ e, ~ m Federal Funding I P,/W
*- ._o =E D. Street/Road Name or Number ~.~_ ~ '~ -~ ~- I Required
~ ~ - = ~ Phase Federal Federal State ' 4th
,,= n'- Z E. Beginning MP or road - Ending MP or road E ~ ~' ~ S~art Fund Cost by Fund State Loca{ Total Envir. Date
- '~' Funds Funds Funds 1st 2nd 3rd Thru Type (MM/YY)
F. Describe Work to be Done ~. i(mm/(/d/yyyy) Code Phase Code 6th
1 2 3 I 4 5 6 7 8 9 I 10 11 12 13 14 I 15 16 17 18 19 20 21
14 5 s 2.8 c PEI 1/1/2002 I / I OTHE~I I 1~00i ~800 1001 2~01 ~001 ?~0
SR 303 Bremerton to Silverdale Transportation Corridor G
SR 303 P
from: Burwell St to: Riddell T
Implement recommendations of SR 303 Corddor Study W
: Totals 1500 1500 100 250 400 750
19 6 107 S ALLI 1/1/20021 I J I I 10801 10801 1801 1801 1801 540
Miscellaneous (Local Program Support) 06
City Wide
from: N/A to: N/A
Projects to improve safety and operations
Totals 1080 1080 180 180 180 540
17 7 05 p 0.2 S PE 1/1/2002 OTHER I 721 1 Sl 90l 181 721 360
Auto Center Way Improvements 06 CN 1/1/2004 OTHER r 2881 721 3601
Auto Center Way 07
from: Bruen Ave to: SR 3 onramp 1 2
Widen roadway to provide dedicated turn lane for SR 3 onramp
Totals 360 9O 45o 18 72 360
17 8 05 p .3 PE 1/1/2002 OTHER I 120t 301 1501 50
Arsenal Way/Marion Ave. Safety Improvements 06 CN 1/1/2003 OTHER I 5001 1201 6201 I I 620
Arsenal Way/Marion Ave. 07
~ from: Loxie Eagans Blvd to: 1st St. 12
Safety improvements including curb and gu~ter, sidwalks, lighting, roadway
widening, and intersection improvements Tota~s 620 150 770 50 100 620
Report Date: August 24, 2001 Page 2
Supersedes previous editions
~ Washington State Department of Transportation ~*Six Year Transportation Improvement Program
Agency: Bremerton From 2002 to 2007
Co. No.: 18 Co. Name: Kitsap Co. Hearing Date: Adoption Date:
City No.: 0115 MPO/RTPO: PSRC Amend Date: Resolution No.:
Project Identification Project Costs in Thousands of Dollars Federally Funded
A. Federal Aid No. B. Bridge No, ~ -~ ~ Fund Source Information Expenditure Schedule Projects Only
E ~ ~ ~ ~ ~ (Local Agency)
~ ~ C. Project Title
~ .~-.~ e, o ~ Federal Funding ' RAN
~ = Phase Federal I Federal State 4th
c o ,..: D. Stree'dRoad Name or Number [~' ~ -~ Required
CL Z E. Beginning MP or road - Ending MP or road E ~ ~ ~ State Local Total Envir. Date
- '5' Start Fund Cost by Fund 1 st 2nd 3rd Thru Type (MM/YY)
F, Describe Work to be Done ~. (mm/dd/yyyy) Code Phase Code Funds Funds Funds 6th
I 2 3 4 5 6 7 8I 9 1(~ 11 12 I 13 14 ' 15 16 17 18 / 19 20 21
00 9 01 p 0.2 PE 1/1/2003 STP
Construct Warren Ave. Off-ramp 12 CN 1/1/2003 STP I I 961 I No
Warren Avenue
from: Sheddan Ave to: Cailahan Ddve
Future pro~ect for access considerations
Totals 136 136 136
1410 12 p .15 ~ ' 1/1/2003 AlP, 192[ 48i 240, I 240, 1200
RW 1/1/2003 AIPI 401 10 50] t 501
Lower Wheaton Way Realignment 02
1/1/2004 AIPI 9601 240 12001 I I r
Wheaton Way
from: Callahan Dr to: Sheddan Rd
Realign Wheaten Way to north south configuration
I Totals 1192 298 1490 290 1200
14 11 04 PI REI 1/1/2007I STP(U) I 3201 I I Sol 4001 I I I 400 ElS
Kitsap Way - SR 310
1 2 Yes
K tsap Way (SR 310) 06
from: to:
Widen to 7 lanes, provide intersection improvements
Totals 320 80 400 400
14 12 01 p ~WE 1/1/2002 I I 3600i 36oo 12001 12o01 1200 ElS
wemer Road Extension 1/1/2006 L I I 3600 ~ 3600 I I 3600 Yes
Wemer Road
from: to:
Extend Wemer Road from SR 3 [o Port Blakely Tie-In
Totals 7200 7200 1200 1200 1200 3600
Grand Totals for Bremerton 5427 16132 11265 32824 7'684 6387 7572 5910
Report Date: August 24, 2001 Page 3
Supersedes previous editions
~ Washington State Department of TransportationSix Year Transportation Improvement Program
Agency: Bremerton From 2002 to 2007
Co. No.: 18 Co. Name: Kitsap Co, Hearing Date: Adoption Date:
City No.: 0115 MPO/RTPO: PSRC Amend Date: Resolution No.:
Project Identification Project Costs in Thousands of Dollars Federally Funded
A. Federal Aid No. B. Bridge No. ~ e - = ~ Fund Source Information Expenditure Schedule Projects Only
E ~, ~ ~ '~ ~ (Local Agency)
~ ~ .'~ C, Project Title = e= ; =, c) =~ Federal Funding R/W
'-~ .o_ ~ D. Street/Road Name or Number ~ ~ ~ ='~ 'Gn
= Phase Federal Federal State 4th Required
~. ~' z E. Beginning MP or road Ending MP or road E ~ State Local Total Envir. Date
- - *- = Start Fund Cost by Fund 1st 2nd 3rd Thru
'5' Funds Funds Funds Type (MM/YY)
F. Describe Work to be Done ~. (mm/dd/yyyy) Code Phase Code 6th
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
~ I
14 1 STPF-0304(008) 03 p 1.59 C PE 6/5/2000 STP 734 TPPF 114J I ~481 2001 300l 12 ElS
SR304 TIP - Downtown/Navy Highway P~ase 04 S RW 6/5/2000 STP 4237i OTHER I 51481 8671 10252 J 23851 2932 { Yes
06 G
from: Ferry Terminal/Porter St to: Burwell SFSR 3 07 P
HO¥ improvements, widening, reconstruction, overlay, signal and lighting T
W Totals 4971 5262 867 11100 2585 3232 12
14 2 04 p .29 C CN I 2/1/2002 I I I WSDOTI 34151 I 34151 34151 I I ElS
SR304 TIP - Stage lC - Navy Yard Hwy Phase 07 G Yes
SR 304 06 P
from: Porter St to: Charleston Beach Road 03 S
! .OV,m~rovement ..... ~=y.w,~en,ng.r~eo..truo*, .... ig.~,and,,g.,,ng T
J
W Totals 3415 3415 3415 _
14 3 06 p 0,40 C CN ! 2/1/2003 r J J WSDOTI ~0631 I 1063l J 10631 I ElS I
SR304 TIP - Stage 1E - Downtown Phase 07 G Yes
SR 304 P
from: Burwell Street to: Bremerton Ferry Terminal T
Resurfacing, street lighting, signal and sign modifications ~ W
~I Totals 1063 1063 1063
14 4 03 p .9 C i CN I 2/1/2004-- I I J WSDOTI ' 4220~- r 42201 I I 42201 ElS
SR 304 TIP - Stage 1D ~ Chadestor~ Beach Read Phase 04 G Yes
SR 304 06 P
from: Charleston Beach Rd to: SR 3 07 S
HDV Improvements, overlay, widening, reconstruction/ m
_~ W Totals 4220 4220 4220
Report Date: August 24, 2001 Page 1
Supersedes previous editions
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: October 3, 2001
ORIGINATING DEPT: Admin Srvs.
Ordinance No. ORIGINATOR: Kathteen McCluskey
Cascade Natural Gas Corporation DATE SUBMITTED: Sept. 26,2001
One Year Franchise
2. CLEARANCES: (c~ent on back 3. EXHIBIT~:
~-~'1 /~. ~ecessary)
Attorney ~ ~~-~ Ordinance
PW&~ Directo~rk3 ~ ~~J/
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
The attached ordinance grants a one-year franchise to Cascade Natural Gas
Corporation. City staff recommends a one-year franchise to allow time to
properly prepare to negotiate a new longer-term franchise. The many
changes in the state and federal law regarding ROW use and the lighting
and heating industry create some uncertainty regarding favorable franchise
terms.
8. RECOMMENDATION:
A) Motion to approved Ordinance on first reading granting a one-year
franchise to Cascade Natural Gas Corporation.
B) Motion to pass Ordinance No. on second reading granting a one-year
franchise to Cascade Natural Gas Corporation.
9. RESPONSIBLE OFFICIAL: PW&U & Admin.
ENFORCEMENT OFFICIAL: McCluske¥
EXPIRATION DATE:10/9/02
REVIEW DATE: N/A
B
PULLED TABLED APPROVED __ DISAPPROVED D
COUNCIL DIRECTIVE:
Date:
ll. AGENDA BILL NO: Ol -- ~lfL
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
Cascade would occupy the ROW without a franchise.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
None.
7. RESEARCH SOURCES:
ORDINANCE NO.
AN ORDINANCE granting Cascade Natural Gas Corporation, a
Washington corporation, its successors or assigns, the right and privilege
to use and occupy the public streets, avenues, lanes, alleys, highways of
the City of Bremerton, State of Washington, for the purpose of
supplying, distributing and selling gas to the inhabitants of the City, and
elsewhere; and the fight and privilege of constructing, and thereafter
maintaining a gas works, mains, service pipes and other necessary
equipment in said City, for the distribution of gas for light, fuel, power,
heat and other purposes.
THE CITY OF BREMERTON DOES ORDAIN:
Section 1. Franchise Ordinance No. 4342 is hereby incorporated in its entirety by this reference,
except that Section 10 thereof shall provide for effective dates of October 10, 2001 to October 9, 2002.
Cascade shall have no rights under this Franchise nor shall Cascade be bound by the terms and conditions
of this Franchise unless Cascade shall, within sixty (60) days after the effective date of the Ordinance, file
with the City its written acceptance of this Ordinance.
Section 2. This Ordinance shall become effective ten (10) days after passage and publication.
APPROVED by the City Council of the City of Bremerton on first reading this __
day of ., 20
PASSED by the City Council of the City of Bremerton this__ day of
., 20
Council President
APPROVED this day of ,20
LYNN S. HORTON, Mayor
ATTEST:
KATHLEEN McCLUSKEY, City Clerk
HONORABLE MAYOR AND CITY COUNCIL
CITY OF BREMERTON, WASHINGTON
In the matter of the application of :
Cascade Natural Gas, a Washington : Franchise Ordinance No.
corporation, for a franchise to:
construct, operate and maintain :
facilities in, upon, over under, :
along, across and through the :
franchise area of the City of : ACCEPTANCE
Bremerton, Washington :
WHEREAS, the City Council of the City of Bremerton, Washington, has granted a
franchise to Cascade Natural Gas, a Washington corporation, its successors and assigns, by
enacting Ordinance No. ., bearing the date of October 10, 2001, and
WHEREAS, a copy of said Ordinance granting said franchise was received by Cascade
Natural Gas on October ., 2001, from said City of Bremerton, Kitsap County,
Washington.
NOW, THEREFORE, Cascade Natural Gas, a Washington corporation, for itself, its
successors and assigns, hereby accepts said Ordinance and all the terms and conditions thereof,
and files this, its written acceptance, with the City of Bremerton, Kitsap County, Washington.
IN TESTIMONY WHEREOF said Cascade Natural Gas has caused this written
Acceptance to be executed in its name by the undersigned on this day of
,2001.
CASCADE NATURAL GAS
By:
Name & Title:
ATTEST:
By:
Name & Title:
Copy received for City of Bremerton
on
By:
City Clerk
57
AGENDA BILL
BREMERTON CITY COUNCIL
1. SUBJECT: FOR AGENDA OF: October 3, 2001
ORIGINATING DEPT: Admin Srvs.
Ordinance No. ORIGINATOR: Kathle~
Telecommunications Ordinance DATE SUBMITTED: Sept. 26,2001
2. CLEARANCES: (comment on back 3. EXHIBITS:
~// if~ecessary)
At t o rne y/~/~~K~ Or dinan ce
PW&U D i r~ c t o~-;//~Zj~
~NDORSEMENT/~ INFORMAT~IO/~ APPROVED BY COUNCIL PRESIDENT ~ SUBMITTAL:
MAYOR~ /.~~ COUNCIL PRESIDENT ~[[._.~_-.~~
4. SUMMARY STATEMENT AND REQUIREMENT FOR COUNCIL ACTION:
When the Kitsap Public Utility District (KPUD) announced their plans to
construct a fiber telecommunications system throughout the county, the
cities in Kitsap County agreed to pass a common telecommunications
ordinance to guide the use of public rights of ways by Telecommunications
Systems. This comprehensive ordinance details the purpose, policy
guidelines, definitions, Master Permit requirements, general conditions
for use of the public rights of way, taxes and fees, protection of the
City and its residents and enforcement and remedies. We believe that this
ordinance will send a positive signal to telecommunication companies
hoping to do business in Kitsap County that they will be able to rely upon
some level of uniformity of rules and regulations between the varies
cities.
8. RECOMMENDAT ION:
A)Motion to approved Telecommunications Ordinance on first reading.
B)Motion to pass Telecommunications Ordinance No. on second reading.
9. RESPONSIBLE OFFICIAL: PW&U & Admin.
ENFORCEMENT OFFICIAL: McCluske¥_
EXPIRATION DATE:N/A
REVIEW DATE: N/A
10. NOTICE OF ACTION ~ ~
PULLED__ TAB LED __ AP PROVE D D I SAP P ROVE D AME!
COUNCIL DIRECTIVE:
Date:
11. AGENDA BILL NO: Ol- 2[ 7
2. CLEARANCE COMMENTS (cont.):
4. SUMMARY STATEMENT (cont.):
5. IMPACT ON NON-PASSAGE:
Lack of countywide uniform requirements.
Lack of detailed requirements for ROW use.
6. IMPACT ON STAFFING, BUDGETS, FACILITIES, EQUIPMENT OR OTHER RESOURCES
None
7. RESEARCH SOURCES:
TELECOMMUNICATIONS ORDINANCE
An Ordinance of the City Council of the City of Bremerton
Regulating the occupancy and use of public rights of way by
Telecommunications Systems, Private Communications
System, Wireless Communications System and Resellers;
prescribing minimum terms and conditions for and upon the
construction, maintenance and repair of such systems
Section 1. New Chapter. Chapter 11.01 is hereby added to the Bremerton Municipal Code to
read as follows:
Chapter 11.01
GENERAL TELECOMMUNICATIONS SYSTEMS REGULATIONS
Sections
11.01.010 Purpose.
11.01.020 Policy guidelines.
11.01.030 Definitions.
11.01.040 Master Permit Required.
11.01.050 General Conditions Upon Use of Public Rights-of-Way.
11.01.060 Taxes and Fees.
11.01.070 Protection of the City and Residents.
11.01.080 Enforcement and Remedies.
11.01.010 Purpose. The purpose of this Title is to:
A. Establish a local policy concerning telecommunications systems, and private
communication systems for use of the Public Rights-of-Way;
B. Establish a policy that promotes availability of high-quality and diverse
telecommunications services to City residents, businesses, the City, and other public institutions;
promotes the availability of diverse, multimedia information resources to the community;
provides for the development of a communications infrastructure that provides opportunities for
more open government, enhancing educational opportunities throughout the community,
providing public access to the communications infrastructure, and building a stronger
community; while ensuring that the City has the authority to act to protect the public, safety, and
welfare in the face of a rapidly-changing industry that is placing increasing demand on public
resources;
C. Establish clear and nondiscriminatory local guidelines, standards and time frames for the
exercise of local authority with respect to the regulation of the use of Public Rights-of-Way by
telecommunications operators, private communication operators, and Resellers, and their
respective facilities and licenses;
D. Promote competition in communications;
E. Minimize unnecessary local regulation of providers and services;
F. Encourage the provision of advanced and competitive telecommunications, on the widest
possible basis to the businesses, institutions and residents of the City;
Telecommunications Ordinance
Page 1 of 23
G. Permit and manage reasonable access to the Public Rights-of-Way of the City for
communications purposes on a competitively neutral basis, to the extent required by law;
H. Conserve the limited physical capacity of the Public Rights-of-Way held in public trust
by the City;
I. Assure that the City's current and ongoing costs of granting and regulating private access
to and use of the Public Rights-of-Way are fully paid by the persons seeking such access and
causing such costs;
J. Secure fair and reasonable compensation to the City and the residents of the City, in a
non-discriminatory manner, for permitting private use of the Public Rights-of-Way;
K. To encourage economic development while preserving aesthetic and other community
values and preventing proliferation of above ground facilities;
L. Assure that all persons providing telecommunications, services within the City comply
with the ordinances, rules and regulations of the City;
M. Ensure the ability of the City to obtain sufficient information from persons subject to its
jurisdiction to enable effective decisions regarding their access to City rights-of-way and
effective management of activity in the rights-of-way;
N. Assure that the City can continue to fairly and responsibly protect the public health,
safety and welfare;
O. Enable the City to discharge its public trust consistent with rapidly evolving federal and
state regulatory policies, industry competition and technological development; and
P. Reserve to the City and provide for the fullest exercise possible of the authority and
discretion of the City to require that: (1) facilities are installed and maintained within the public
rights-of-way in such manner and at such points so as not to inconvenience the public use of the
public rights-of-way or to adversely affect the public, safety and welfare; (2) all non-city users of
the rights-of-way shall be required to reimburse and hold harmless the City for the actual costs
incurred by the City by reason of the construction or presence in the public rights-of-way of the
Facilities of such other users.
11.01.020 Policy guidelines. The administration of this Title shall be govemed by the
following telecommunications policy guidelines.
A. The City of Bremerton supports efforts to establish an open, competitive marketplace for
telecommunications services. The City promotes and encourages competition for voice, data,
video, and video progranuning services that make the latest and best technology available and
keep service prices affordable for all City residents and businesses. An integral component of
this open marketplace is the consistent application of regulations to all telecommunications
providers and the preservation of local authority over matters of local impact.
B. The following policy guidelines express the commitment of the City to support
telecommunications services and to manage its rights-of-way proactively while balancing the
interests and needs of the community:
1. The City will manage access to the Public Rights-of-Way for telecommunications
purposes in a non-discriminatory, competitively neutral and non-exclusive way to the extent
required under applicable law and, to the extent allowed under applicable law, to receive fair
compensation. The public interest will be protected by collecting associated fees, taxes,
administrative costs, and construction costs for use of the rights-of-way.
Telecommunications Ordinance
Page 2 of 23
2. Telecommunications Master Permits will be managed to preserve the integrity of the
City's infrastructure, ensure efficient use of City property and ensure compliance with City
ordinances, rules and regulations.
3. In order to effectively manage and regulate the use of public rights-of-way by private
entities in the best interests of the City and its citizens it is necessary for the City to reserve and
exercise all legislative, administrative and discretionary authority it may have to the full extent
allowed or not prohibited by law and nothing in this Title shall be construed to diminish or in any
way to limit the discretionary, administrative or legislative authority of the City and its officials
as respects the management and use of the City's public rights-of-way or in respect to the
granting, delaying, or denying any Master Permit, ROW Permit or License.
11.01.030 Definitions
A. "Administrator" means the Master Permit Administrator or designee.
B. "Affiliate" means a person that (directly or indirectly) owns or controls, is owned or
controlled by, or is under common ownership or control with, another person.
C. "Application Fee" means the charge specified in Section 11.03.020 and designed to
recover the City's actual costs in processing applications for Master Permits, Use Permits or
Licenses, including applications for transfer thereof.
D. "Cable Television Service' means the one-way transmission to subscribers of video
programming and other programming service and subscriber interaction, if any, that is required
for the selection or use of the video programming or other programming service.
E. "City" means the City of Bremerton and all departments, divisions, and agencies thereof.
F. "Communications facility" means a device which alone or as part of an aggregation of
devices is capable of transmitting signals from place to place.
G. "Communications system" refers to a telecommunications system.
H. "Construction, operation or repair" and similar formulations of that term means the
named actions interpreted broadly, encompassing, among other things, installation, extension,
maintenance, replacement of components, relocation, undergrounding, grading, site preparation,
adjusting, testing, make-ready and excavation.
I. "Generally" For the purposes of this Title, the following terms, phrases, words, and
abbreviations shall have the meanings given herein, unless otherwise expressly stated. When not
inconsistent with the context, words used in the present tense include the future tense; words in
the plural number include the singular number; and words in the singular number include the
plural number; and the masculine gender includes the feminine gender. The words "shall" and
"will" are mandatory, and "may" is permissive. Unless otherwise expressly stated, words not
defined in this Title shall be construed consistent with Title 47 of the United States Code, and, if
not defined therein, their common and ordinary meaning. References to governmental entities
(whether persons or entities) refer to those entities or their successors in authority. If specific
provisions of law referred to herein are renumbered, then the reference shall be read to refer to
the renumbered provision. References to laws, ordinances or regulations shall be interpreted
broadly to cover government actions, however nominated, and include laws, ordinances and
regulations now in force or hereafter enacted or amended.
J. "Grantee" refers to a Person holding a Master Permit.
K. "Gross Revenues" means any and all revenue, of any kind, nature or form, as more
particularly defined under Bremerton Municipal Code Chapter 5.02.
Telecommunications Ordinance
Page 3 of 23
L. "License" refers to the legal authorization, terminable at will to use a particular, discrete,
and limited portion of the public rights-of-way to construct, operate, or repair a Communications
Facility or a Private Communications System. The term License shall not mean or include.
1. any other permit or authorization required for the privilege of transacting and carrying
on a business within the City required by the ordinances and laws of the City;
2. any permit, agreement, or authorization required in connection with operations on
public streets or property, including by way of example and not limitation, street cut permits;
3. any permits or agreements for occupying any other property of the City or private
entities to which access is not specifically granted by the License including, without limitation,
permits and agreements for placing devices on or in poles, conduits, other structures, or railroad
easements, whether owned by the City or a private entity; or
4. the right to place devices in the right of way, such as pay telephones, for end user use
in originating and terminating transmissions.
M. "Master Permit" refers to the authorization granted by the City to an Operator of a
Telecommunications System, under this Title giving the Operator the non-exclusive right to
occupy the space, or use facilities upon, across, beneath, or over any Public Right-of-Way in the
City, to provide a specified service within a Master Permit area. Such Master Permit shall not
include or be a substitute for:
1. any other permit or authorization required for the privilege of transacting and carrying
on a business within the City required by the ordinances and laws of the City;
2. any permit, agreement or authorization required in connection with operations on or
in public streets or property, including by way of example and not limitation, street cut permits;
3. any permits or agreements for occupying any other property of the City or private
entities to which access is not specifically granted by the Master Permit including, without
limitation, permits and agreements for placing devices on or in poles, conduits, other structures,
or railroad easements, whether owned by the City, or a private entity; or
4. the right to place devices in the right-or-way, such as pay telephones, for end user use
in terminating or originating transmissions.
By way of example, and without limiting the foregoing, this Title shall not be read to
diminish or in any way affect the authority of the City to control the use of the City's real estate,
fixtures or personal property. Therefore, any Person who desires to use such property must
obtain additional approvals, or agreements for that purpose, as may be required by the City.
N. "Master Permit Area" means the area of the City that a Grantee is authorized to serve
by the terms of its Master Permit or by operation of law.
O. "Operator" when used with reference to a system, refers to a Person (1) who provides
service over a Communications System and directly or through one or more Affiliates owns a
significant interest in such facility; or (2) who otherwise controls or is responsible for, through
any arrangement, the management and operation of such a facility. A Person that operates under
agreement a Telecommunications System or a specific portion of a Telecommunications System
to provide Telecommunications Services shall be treated as an Operator for purposes of this
Title.
P. "Overhead Facilities' refers to communications facilities located above the surface of
the ground, including the underground supports and foundations for such facilities.
Q. "Person" includes any individual, corporation, partnership, association, Joint Stock
Company, trust, or any other legal entity, but not the City.
Telecommunications Ordinance
Page 4 of 23
R. "Private Communications System" means a facility placed in whole or in part in the
Public Rights-of-Way for the provision of communications in connection with a Person's
business, but not encompassing in any respect the provision of Telecommunications Services.
S. "Private Communications System Owner" means a Person that owns or leases a
Private Communications System.
T. "Public Rights-of-Way" mean land acquired or dedicated for public roads and streets
which under the applicable ordinances and laws the City has authority to grant Master Permits,
ROW permits or licenses for use thereof or has regulatory authority thereover and as may be
more specifically defined in the Master Permit, ROW permit or license granting any fight to or
use thereof but for purposes of this Title does not include (1) state highways, (2) land dedicated
for roads, streets and highways no open and not improved for motor vehicle use by the public;
(3) structures such as, but not limited to, poles and conduits located within the right-of-way; (4)
parks and open space; and (5) publicly owned shorelines or harbor areas.
U. "Reseller" refers to any Person who resells a Telecommunications Service, for which he
makes a separate charge, provided over a Telecommunications System, where that Person does
not own or lease the underlying Telecommunications System used for the transmission.
V. "Telecommunications Service" means the transmission for hire of information in
electronic or optical form, including, but not limited to, voice, video, or data, whether or not thc
transmission medium is owned by the provider itself. Telecommunications Service includes
telephone service but docs not include Cable Service or over-the-air broadcasts to thc public-at-
large from facilities licensed by thc Federal Communications Commission or any successor
thereto.
W. "Telecommunications System" means a tangible facility that is used to provide one or
more Telecommunications Services, any portion of which occupies Public Rights-of-Way. The
term Telecommunications System by way of example, and not limitation, includes wires,
equipment cabinets, guys, conduit, radio transmitting towers, poles, other supporting structures,
and associated and appurtenant facilities used to transmit telecommunications signals. The term
Telecommunications System includes all devices mounted on light poles in the Public Rights-of-
Way through which Telecommunications Services are originated or terminated.
X. "Title" when used in the context of referring to this Title of the Bremerton Municipal
Code, shall mean Title 11 of the Bremerton Municipal Code and Chapters 11.01, 11.03, 11.05
and 11.06.
Y. "Underground Facilities' refers to all utilities and communications and cable facilities
located under the surface of the ground, excluding the underground foundations or supports for
Overhead Facilities.
Z. "Use Permit" means the authorization in whatever form whereby a city or town may
grant permission to a service provider to enter and use the specified right-of-way for the purpose
of installing, maintaining, repairing, or removing identified facilities.
AA. "Wireless Communication Services Facilities'. Wireless communication facilities
are those facilities that the City has authorized to be placed in the public rights-of-way and which
are necessary for the provision of personal wireless services. Personal wireless services means
commercial mobile services, unlicensed wireless services, and common carder wireless
exchange access services as defined by Federal law and regulations.
11.01.040 Master Permit required.
Telecommunications Ordinance
Page 5 of 23
A. Master Permit requirement. An Operator of a telecommunications facility must obtain
a Master Permit prior to constructing a telecommunications facility or providing
Telecommunications Services. The fact that a particular Master Permitted Communications
Facility may be used for multiple purposes does not obviate the need to obtain a Master Permit
for other purposes unless applicable federal or state law prohibits the City from requiring such
additional Master Permit. No Master Permit shall become effective without the Grantee signing
an acceptance of the Master Permit.
B. Exceptions. Subject to the requirements of applicable law, a Master Permit requirement
may be waived in whole or in part for a Telecommunications System where the City determines
the use of the Public Rights-of-Way is de minimus (i.e. uses only a short distance of street or
occupies only a small isolated area of a specific street). For such facilities, the City may issue a
License. In addition, every Private Communications System Owner must obtain a License.
Every License shall include or be read to include, as if stated there in, a reservation of rights by
the City to require the Licensee to obtain a Master Permit if the City determines that the
Licensees use of the public rights of way has increased substantially and is no longer de minimus
use
C. Additional Exceptions. The City does hereby request that any Operator now providing
telecommunications service within the City over an existing telecommunication system within
the public rights-of-way of the City without having a Master Permit from the City granting and
allowing such use at the time this provision becomes effective apply for a Master Permit from
the City for such use of the public fights-of-way. In the event such Operator fails to request a
Master Permit within thirty (30) days from the effective date of this ordinance and such Operator
submits evidence satisfactory to the City that it is involved in pending litigation wherein the
Operator claims the Operator has an existing state-wide grant to occupy the public fight-of-way
or the Operator otherwise submits a non-frivolous and documented claim that it has an existing
state-wide grant to occupy public right-of-way, including streets in the City of Bremerton, then
in such event the requirement for obtaining a Master Permit for the continued use of public right-
of-way in Bremerton for existing wireline facilities will be suspended until there is a final
judicial decision resolving the issue or the City by decision of its City Council determines that
the best interests of the City will be served by terminating the suspension of the requirement to
obtain a Master Permit. The suspension of any master Permit required hereunder shall not
constitute a consent or permission by the City to occupy the public right-of-way by the Operator
for any use, nor shall it be construed as a waiver of any right of the City to require the Operator
to hereafter at any time to obtain a Master Permit or to remove any or all of its facilities in the
public right-of-way at any time upon its failure to obtain a Master Permit. In the event an
Operator fails to obtain a Master Permit as herein requested and the Master Permit requirement is
suspended as herein provided then the Operator shall be required to apply for a City ROW
Permit prior to constructing or placing any wireline telecommunication facility in the public
right-of-way.
D. Nature of grant. Neither a master Permit nor a License shall convey title, equitable or
legal, in the Public Rights-of-Way. The right granted is only the right to occupy those portions
of the Public Rights-of-Way to which the City has the right to grant access, for the purposes and
for the period stated in the Master Permit or License, and, subject to the limitations in this
section and elsewhere in this Title, the right may not be subdivided or subleased. A Master
Permit, ROW Permit or License shall not grant a vested fight for any facility to be located or to
remain at any specific location in the public right-of-way and any fight, permission or consent to
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occupy any location in the public right-of-way shall be revocable and terminable at the discretion
of the City and the facility therein removed at the cost of the Operator in order to allow free and
unencumbered use of the public right-of-way for public work or other public purpose as may be
in the best public or municipal interest as determined by the City.
Every Master Permit shall be:
1. Deemed to include all of the provisions that are required to be in a Master Permit
under this title, as if fully set forth in the Master Permit.
2. Deemed to provide for forfeiture under the circumstances set forth in the provisions
of this Title and any Master Permit there under; and
3. Construed to exclude the grant of any rights in any easement granted for or in favor of
any city or public utility facilities or operations, unless the Master Permit or License shall
expressly state otherwise.
No reference herein, or in any Master Permit, ROW Permit or License, to a public Right-of-
Way shall be deemed to be a representation or guarantee by the City that its interest or other fight
to control the use of such property is sufficient to permit its use for such purposes, and a Master
Permit shall be deemed to grant no more than those rights which the City may have the
undisputed right and power to give.
11.01.050 General conditions upon use of public rights-of-way.
A. Responsibility for costs. Except as expressly provided otherwise, any act that a
Communications System Operator, its contractors or subcontractors are required to perform
under this Section 11.01.050 shall be performed at their cost. If a Communications System
Operator fails to perform work that it is required to perform within the time provided for
performance, the City may perform the work and bill the Communications System Operator
therefore. The Communications System Operator shall pay the amounts billed within thirty (30)
days.
B. Construction Procedures and Placement of Facilities; Obligation to Minimize
Interference With Use of Public Rights-of-Way.
1. The construction, operation, and repair of communications facilities are subject to the
supervision of all of the authorities of the City that have jurisdiction in such matters and shall be
performed in compliance with all laws, ordinances, departmental rules and regulations and
practices affecting such system. By way of example, and not limitation, this includes zoning
codes and safety codes and current City standards, including the most current version of the
Standard Specifications for Road, Bridge and Municipal Construction, as prepared by the
Washington State Department of Transportation (WSDOT) and the Washington State Chapter of
American Public Works Association (APWA); the most current version of the APWA
Amendments to Division One, and the most current version of the City of Bremerton
Amendments thereto. In addition, the construction, operation, and repair shall be performed in a
manner consistent with high industry standards. Persons engaged in the construction, operation,
or repair or communications facilities shall exercise reasonable care in the performance of all
their activities and shall use commonly accepted methods and devices for preventing failures and
accidents that are likely to cause damage, injury, or nuisance to the public or to property.
2. Construction, operation, or repair of a communications system shall not commence
until all required permits have been properly filed for and obtained from the proper City officials
and all required permits and associated fees paid. In any permit so issued, the City may impose
as a condition of the granting of the permit such conditions and regulations as may be necessary
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to the management of the rights-of-way, including, by way of example and not limitation, for the
purpose of protecting any structures in the Public Rights-of-Way, for the proper restoration of
such Public Rights-of-Way and structures, and for the protection of the City and the public and
the continuity of pedestrian and vehicular traffic. A Master Permit, License or ROW Permit or
other applicable provision of the Bremerton Municipal Code may provide for the conditions
under which certain emergency work may be undertaken prior to obtaining certain permits where
such work is necessary to immediately remedy an emergency situation involving an imminent
danger to health, safety or property or to temporarily restore communication system services
which have been disrupted by storms, earthquakes, riots or other unexpected accidents or
phenomenon. Provided, however that the communication system operator undertaking such
emergency work shall be required (a) to give notice to the City of the commencement of the
emergency work as quickly as practical, (b) to apply for the permits which would otherwise be
required for such work by the next business day fi.om the commencement of such work; and (c)
to conform any work performed prior to the approval of the required permit and to carry out any
other work in the area involved in accordance with the requirements of the permit. Sub-
contractors are prohibited fi.om liening public property or any facilities placed in the public fight-
of-way.
3. Operators of communications systems must follow City-established requirements for
placement of facilities in Public Rights-of-Way, including the specific location of facilities in the
Public Rights-of-Way, and must in any event install facilities in a manner that minimizes
interference with the use of the Public Rights-of-Way by others, including others that may be
installing communications facilities. The City may require that facilities be installed at a
particular time, at a specific place, or in a particular manner as a condition of access to a
particular fight-of-way; may deny access if an Operator is not willing to comply with the City's
requirements; and may remove, or require removal of, any facility that is not installed in
compliance with the requirements established by the City, or which is installed without prior
City approval of the time, place, or manner of installation and charge the Operator of the facility
for all the costs associated with removal; and may require a Person using the rights-of-way to
cooperate with others to minimize adverse impacts on the rights-of-way through joint trenching,
joint use of facilities and other arrangements.
4. Upon order of the Administrator, all work which does not comply with the permit, the
approved plans or specifications for the work, or the requirements of this Title or other
applicable law shall be removed.
5. Unless otherwise agreed or provided in a Master Permit, License or ROW permit a
communication systems operator shall be required to reimburse and hold harmless the City for
any cost or expense reasonably incurred by the City in the planning, construction, installing,
altering, or implementing any public work as a result of the construction or the presence in the
public fight-of-way of the facility of such communication system operator.
6. No new poles or extenders on poles to increase capacity shall be allowed in the public
rights-of-way and all new overhead facilities of any nature are prohibited unless specifically
allowed under this chapter or other applicable provisions of the Bremerton Municipal Code or
applicable City policies, procedures and current standards.
7. The specific location within the right-of-way and the method of installing facilities
underground or overhead will be subject to approval by the Public Works Director/City
Engineer. Cutting of pavement in the public fight-of-way shall be prohibited where the Public
Works Director/City Engineer approves locating underground facilities in the unimproved
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portions of the fight-of-way or in the sidewalk areas or requires alternative methods for
undergrounding not requiring trenching or the cutting of pavement.
8. Cutting of pavement shall be prohibited in any event in a newly constructed or
reconstructed street for a period of five (5) years from the paving of such street or in a street
where a trench was previously available for a period of three (3) years from the date the trench
was available. The City may require as a condition to the occupancy of the rights-of-way that
communication facilities be located within existing underground ducts or conduits wherever the
capacity exists. Provided, however, the Public Works Director/City Engineer may in his or her
discretion permit pot-holing (subject to conditions to alleviate the harmful effects) where conduit
is to be placed underground by means of directional boring and the person seeking permission
has provided evidence satisfactory to the Public Works Director/City Engineer that (a) such pot-
holing is necessary to avoid interference with existing utilities; (b) such pot-holing is the only
reasonable alternative available to locate existing utilities and (c) such pot-holing will result in
little or no visual or other detrimental impact to the street.
9. Any and all Public Rights-of-Way, public property, or private property that is
disturbed or damaged during the construction, operation, repair or removal of a Communications
Facility shall be promptly repaired by the Communications System Operator that disturbed or
damaged the Public Rights-of-Way, public property or private property. Public property and
public right-of-way must be restored to the satisfaction of the City and to a condition as good or
better than before the distm'bance or damage occurred. A communication system operator shall
continue to maintain the restored street area, which may consist of curb, gutter, sidewalk,
pavement, or other restored appurtenances, in a condition as good as or better than the condition
of the adjacent tmdismrbed area of the street for the life of the street (to the extent such
maintenance or restoration is required, (a) as a result of the restored street area being defective or
otherwise inferior to the adjacent undisturbed area of the street or (b) as a result of the presence
of the facilities of the communication system operator), until the restored area is repaved or
reconstructed by a different party, except when such repaving or reconstruction is a result of
enforcement action by the City for the lack of such maintenance activity; unless (a) the
assessment of the Impact Assessment under this Title provides for an exemption; or (b) a Master
Permit, License or Permit specifically exempts the communication system operator from such
obligation.
10. No tree trimming shall be performed without the permission of the City and other
affected authorities, and tree trimming must be performed in strict accordance with the City
Code.
11. Within forty-eight (48) hours after notice from the City, a Communications System
operator shall remove any graffiti on any part of its Communications System in the public rights-
of-way (including by way of example and not limitation) equipment cabinets. If the operator
fails to do so, the City may remove the graffiti and bill the operator for the cost thereof.
C. Relocation and Abandonment of facilities.
1. A Communications System Operator shall, by a time specified by the City, protect,
support, temporarily disconnect, relocate, or remove any of its property when required by the
City by reason of traffic conditions; public, safety; public right-of-way construction; public right-
of-way repair (including resurfacing or widening); change of public right-of-way grade;
construction, installation or repair of sewers, drains, water pipes, power lines, signal lines, tracks,
or any other type of government-owned Communications System, public work, public facility or
improvement, or any government-owned utility; public right-of-way vacation; or for any other
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purpose where the work involved would be aided by the removal or relocation of the
Communications Facility. Collectively, such matters are referred to below as the "public work".
(a) Except in the case of emergencies, the City shall provide written notice describing
where the public work is to be performed as soon as practical but at least thirty (30) days prior to
the deadline by which a Communications System Operator must protect, support, temporarily
disconnect, relocate or remove its facilities. A Communications System Operator may seek an
extension of the time to perform such tasks where they cannot be performed in thirty (30) days or
by the completion time specified even with the exercise of its best efforts, and such request for
an extension shall not be unreasonably refused.
(b) In the event of an emergency, or where a Communications Facility creates or is
contributing to an imminent danger to health, safety, or property, the City may protect, support,
temporarily disconnect, remove, or relocate any or all parts of the Communications Facility
without prior notice, and charge the Communications System Operator for costs incurred.
(c) If a Communication System Operator does not comply with the requirements of
this Title and the applicable Master Permit, License or ROW Permit does not provide otherwise
and if not prohibited by applicable law the City shall have the fight to revoke any fight of a
Communications System Operator to have its facilities remain at specific location in the public
fight-of-way at any time the City determines that the Facilities of such communications system
operator must be removed from their present location or from the street in order to facilitate a
public work in the public right-of-way and upon such revocation of the Master Permit, License
or ROW Permit of the Communications System Operator as to the affected designated facilities
the Communications System Operator shall remove the same and restore the street at its cost.
2. If any Person that is authorized to place facilities in the fights-of-way requests
another Communications System Operator receiving the request to protect, support, temporarily
disconnect, remove, or relocate its facilities to accommodate the Construction, Operation, or
Repair of the facilities of such other Person, the Communications System Operator shall, after
thirty (30) days' advance written notice, take action to effect the necessary changes requested.
Unless the matter is govemed by a valid contract or a state or federal law or regulation, or unless
the Communications Facility that is being requested to move was not properly installed, the
reasonable cost of the same shall be borne by the Person requesting the protection, support,
temporary disconnection, removal, or relocation and at no charge to the City, even if the City
makes the request for such action.
3. A Communications System Operator shall, on the request of any Person holding a
valid permit issued by a govemmental authority, temporarily raise or lower its wires to permit
the moving of buildings or other objects. The expense of such temporary removal or raising or
lowering of wires shall be paid by the Person requesting the same. A Communications System
Operator shall be given not less than seven (7) days' advance notice to arrange for such
temporary wire changes.
4. Grantee may abandon and surrender its Master Permit to the City upon six (6) months
written notice to the Administrator, with copies thereof served upon the Mayor and City
Attomey. Abandonment shall be subject to acceptance by the City, by a resolution of acceptance
adopted by the City Council. Upon abandonment, non-renewal, revocation or expiration of this
Master Permit, and if no extension is granted, Grantee may, at the discretion of the
Administrator, be required in part or entirely, to remove all its fiber, wire, poles, fixtures, and
other facilities or equipment installed or used in the enjoyment of the Master Permit.
Alternatively, the Administrator may direct, limit or condition Grantee's removal, sale or
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continued use or abandonment of Grantee's facilities and equipment, either by agreement or
through means of any other lawful municipal power or fight. The City may continue to invoke
any provision of this Master Permit against Grantee or any successor entity enjoying de facto
Master Permit privileges after revocation or expiration. The City may take all other actions
deemed necessary and proper by the City to accommodate the transition to any successor as may
be in the best interests of the City and its residents.
D. Facility subject to inspection; operator must provide information. Every
Communications Facility shall be subject to the fight of periodic inspection by the City to
determine compliance with the provisions of this Title, a Master Permit or License agreement, or
other applicable law. The City shall have the fight, upon request, to be notified and present when
the Communications System is inspected by the Operator to determine compliance with the
provisions of this Title; a Master Permit, License or ROW Permit; or applicable law where the
City has enforcement authority. Each Operator must respond to requests for information
regarding its system and plans for the system as the City may from time to time issue, including
requests for information regarding its plans for construction, operation and repair and the
purposes for which the plant is being constructed, operated, or repaired to the extent such plant is
or will be in the public right-of-way or has been or will be provided under any Master Permit,
License or ROW Permit granted by or requested from the City.
E. Underground services alert. Each Operator of a Communications System that places
facilities underground shall be a member of the regional notification center for subsurface
installations (Underground Services Alert) and shall field mark the locations of its underground
communications facilities upon request. The Operator shall locate its facilities for the City at no
charge. Grantee promises to reasonably cooperate with City initiatives to coordinate
underground fixture locations and installations. Grantee is familiar with Chapter 19.122 RCW,
Washington State's "Underground Utilities" statute. Grantee certifies it understands local
procedures, custom and practice relating to facilities locating, and will see to it that its
contractors or others working in the right-of-way on Grantee's behalf are similarly well
informed.
F. Undergrounding of lines. The Grantee recognizes the City's right to preserve and
control of the public right-of-way, particularly with respect to policies regarding the
undergrounding of overhead lines for aesthetic reasons. Consistent with any general municipal
undergrounding policy or program now or hereafter developed, the City reserves the right to
require Grantee's participation in municipally imposed undergrounding or related requirements
as may now or hereafter arise, as a condition of Grantee's new installation or major maintenance
or restoration construction activities of overhead facilities under this franchise. Grantee agrees to
coordinate its underground installation and planning activities with the City's underground plan
and policies; provided, in no event shall any third party beneficiary fights be implied or created.
Nothing in this section shall be permitted in conflict with RCW 35.99.060, and the provisions of
this section shall be applied in conformity thereto.
G. Plans for and publicizing work.
1. Work shall be publicized as the City may direct from time to time. The publication of
work may be used to notify the public and operators of other communications systems, of the
impending work, in order to minimize inconvenience and disruption to the public and to allow
joint use by others.
2. Each Communications System owner shall provide the City a plan for any initial
system construction, or for any substantial rebuild, upgrade or extension of its facility, which
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shall show its timetable for construction of each phase of the project, and the areas of the City
that will be affected.
3. Grantee promises to supply and maintain updated, at no cost, any information
requested by the Administrator to coordinate municipal functions with Grantee's activities and
fulfill any municipal obligations under state law. Said information may include an installation
inventory, location of existing or planned facilities, maps, plans, and as-built drawings of
Grantee's installations within the City. Said information may be requested either in hard copy
and/or electronic format compatible with the City's data base system, as now or hereafter
existing. Grantee shall keep the Administrator informed of its long-range plans for coordination
with the City's long-range plans.
4. Each Communications Facility Operator shall maintain accurate maps and
improvements plans which show the location, size, and a general description of all facilities
installed in the Public Rights-of-Way and any power supply sources (including voltages and
connections). Maps shall be based upon post-construction inspection to verify location. The
Operator of each Communications Facility shall provide a map (on 24" x 336" Mylar) to the City
showing the location of its facilities, in such detail and scale as may be directed by the City
Engineer. New system maps shall be promptly submitted to the City when the facility expands
or is relocated. Copies of maps shall be provided on disk, in a commercially available electronic
format specified by the City Engineer or in such alternate form as approved by the City
Engineer.
5. The Administrator may from time to time, when the City receives application for a
permit to use a particular route, or upon the Administrator's own initiative, designate by
published order a route or proposed route for installation of Communications Facilities and may
(1) require all persons who wish to place Underground Facilities along that route or any part
thereof to install them during a specified period and (2) otherwise prohibit placement of such
facilities along the route or any part thereof for thirty-six (36) months or for such other, longer
period as is necessary to protect the public.
11.01.060 Taxes and Fees.
A. No franchise fee shall be charged to the Grantee for its operation of telecommunications
facilities in the right of way, whether as a lessor of the facilities to third parties or as a direct
provider of telecommunications services. Nothing in this Master Permit shall limit the City's
power of taxation, as may now or hereafter exist.
B. Consistent with RCW 35.21.860 (1) (b), nothing in this Master Permit shall prohibit the
City from charging a fee to recover the actual administrative expenses it incurs that are directly
related to receiving and approving a Master Permit, License, and ROW Permit, to inspecting
plans and construction, or to the preparation of a detailed statement pursuant to chapter 43.21C
RCW. Upon request of Grantee, the City will submit proof of any charges or expenses incurred.
For any project or time frame, Grantee can also request a written estimate from the
Administrator, in advance of costs planned to be expended by the City, and Grantee may object
to any costs as provided hereafter in the case of a challenged cost billed by the City. Except as
otherwise provided, said fees must be paid within thirty (30) days of receipt of the City's billing.
Grantee will pay all other taxes applicable to its operations or activities within the City of
Bremerton, all such obligations also being a condition of this Master Permit.
C. Grantee shall make any required payments in the form, intervals and manner requested by
the City Administrator, and furnish him/her any information related to his/her revenue collection
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functions reasonably requested. In case of audit, the Administrator may require Grantee to
furnish a verified statement of compliance with Grantee's obligations or in response to any
questions, verified by an officer of the Grantee. All audits will take place on Grantee's premises
or offices furnished by Grantee, which shall be a location within the City of Bremerton. Grantee
agrees, upon request of the City Auditor, to provide copies of all documents filed with any
federal, state, or local regulatory agency, to be mailed to the City Auditor on the same day as
filed, postage prepaid, affecting any of Grantee's facilities or business operations in the State of
Washington.
11.01.070 Protection of the City and residents.
A. Indemnification. No Master Permit or other authorization to use the rights-of-way
issued to a Communications System Operator or a Private Communications System Owner shall
be valid or effective until and unless the City obtains an adequate indemnity from such Operator.
Unless otherwise agreed, in writing, adequate indemnity must at least include the following:
1. Release the City from and against any and all liability and responsibility in or arising
out of the construction, operation or maintenance of the Communications Facility in the public
right-of-way by the Communications Facility Operator. Each Communications Facility Operator
must further agree not to sue or seek any money or damages from City in connection with the
above-mentioned matters;
2. Indemnify and hold harmless the City, its trustees, elected and appointed officers,
agents, and employees, from and against any and all claims, demands, or causes of action of
whatsoever kind or nature, and the resulting losses, costs, expenses, reasonable attomeys' fees,
liabilities, damages, orders, judgments, or decrees, sustained by the City or any third party
arising out of, or by reason of, or resulting from or of the acts, errors, or omissions of the
Communications System Operator, or its agents, independent contractors or employees related to
or in any way arising out of the construction, operation or repair of the facility in the public
rights-of-way.
3. Provide that the covenants and representations relating to the indemnification
provision shall survive the term of any Master Permit or other authorization and continue in full
force and effect as to the party's responsibility to indemnify.
B. Insurance. No Master Permit or other authorization to use the rights-of-way issued to a
Communications System Operator or a Private Communications System Owner shall be valid or
effective until and unless the City obtains assurance that such Operator (and those acting on its
behalf) have adequate insurance. Unless otherwise agreed, in writing, adequate insurance must
at least meet the following requirements:
1. A Communications System Operator shall not commence construction or operation of
the facility without obtaining all insurance required under this paragraph and approval of such
insurance by the City, nor shall a Communications System Operator allow any contractor or
subcontractor to commence work on its contract or sub-contract until all similar such insurance
required of the same has been obtained and approved. The required insurance must be obtained
and maintained for the entire period the Communications System Operator has facilities in the
rights-of-way, and for a period thereafter as specified in the minimum coverages described
below. If the Operator, its contractors, or subcontractors do not have the required insurance, the
City may order such entities to stop operations until the insurance is obtained and approved.
2. Certificates of insurance, reflecting evidence of the required insurance and naming
the City as an additional insured, shall be filed with the City's Risk Manager. For entities that
Telecommunications Ordinance
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are entering the market, the certificates shall be filed prior to the commencement of construction
and once a year thereafter, and as provided below in the event of a lapse in coverage. For
entities that have facilities in the rights-of-way as of the effective date of this Title, the certificate
shall be filed within sixty (60) days of the effective date of this Title, annually thereafter, and as
provided below in the event of a lapse in coverage, unless a pre-existing Master Permit provides
for filing of certificates in a different manner.
3. These certificates shall contain a provision that coverages afforded under these
policies will not be canceled until at lease thirty (30) days' prior written notice has been given to
the City. Policies shall be issued by companies authorized to do business under the laws of the
State of Washington. Financial Ratings must be no less than "A" in the latest edition of"Bests
key Rating Guide", published by A.M. Best Guide.
4. In the event that the insurance certificate provided indicates that the insurance shall
terminate or lapse during the period of the Master Permit or License, then in that event, the
Communications System Operator shall furnish, at least thirty (30) days prior to the expiration of
the date of such insurance, a renewed certificate of insurance as proof that equal and like
coverage has been or will be obtained prior to any such lapse or termination during the balance
of the period of the Master Permit or License under which the Communications System operates.
5. A Communications System owner or Operator, and its contractors or subcontractors
engaged in work on the Operator's behalf in, on, under or over Public Rights-of-Way, shall
maintain the following minimum insurance. The City shall be named as an additional insured on
the general liability and automotive policies.
(a) Comprehensive General Liability insurance to cover liability bodily injury and
property damage. Exposures to be covered are: premises, operations, products/completed
operations, and certain contracts. Coverage must be written on an occurrence basis, with the
following limits of liability:
(i) Bodily Injury
Each Occurrence $1,000,000
Annual Aggregate 3,000,000
(ii) Property Damage
Each Occurrence $1,000,000
Annual Aggregate 3,000,000
(iii) Personal Injury
Annual Aggregate $3,000,000
(iv) Completed Operations and Products Liability shall be maintained for two (2)
years after the termination of the Master Permit or License (in the case of the Communications
System owner or Operator) or completion of the work for the Communications System owner or
Operator (in the case of a contractor or subcontractor).
(v) Property Damage Liability Insurance shall include coverage for the following
hazards: X - Explosion, C - Collapse, U - Underground.
(b) Workers' Compensation insurance shall be maintained during the life of this
contract to comply with statutory limits for all employees, and in the case any work is sublet,
each Communications System Operator shall require the subcontractors similarly to provide
workers' compensation insurance for all the latter's employees unless such employees are
covered by the protection afforded by each Communications System Operator. Each
Communications System Operator and its contractors and subcontractors shall maintain during
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the life of this policy employers liability insurance. The following minimum limits must be
maintained:
(i) Workers' Compensation Statutory
(ii) Employer's Liability $ 500,000 per
occurrence
(c) Comprehensive Auto Liability
(i) Bodily Injury
Each Occurrence $1,000,000
Annual Aggregate 3,000,000
(ii) Property Damage
Each Occurrence $1,000,000
Annual Aggregate 3,000,000
Coverage shall include owned, hired, and non-owned vehicles.
6. Each Communications System Operator shall hold the City, its agents, and
employees, harmless on account of claims for damages to persons, property or premises arising
out of its construction, operation or repair of its Communications System and name the City as
an additional insured.
7. In every Master Permit or License agreement, the City shall reserve the right to
require any other insurance coverage it deems necessary depending upon the exposures.
C. Performance/payment bonds. Every Operator of a Communications Facility may be
required to obtain performance bonds and, if necessary, payment bonds to ensure the faithful
performance of its responsibilities under this Title and any Master Permit, ROW Permit or
License, including a sufficient amount to cover removal of facilities and/or restoration of City
facilities within right-of-way. The amount of the performance and payment bonds shall be set by
the Administrator or may be set in a Master Permit in light of the nature of the work to be
performed and is not in lieu of any additional bonds that may be required through the permitting
process. The bond shall be in a form acceptable to the City Attomey. The City may from time
to time increase or decrease the amount of the required performance bond to reflect changes in
risks to the City and to the public.
11.01.080 Enforcement and remedies.
A. Administrator responsible for administration. The Administrator is responsible for
enforcing and administering this Title, and the Administrator is authorized to give any notice
required by law or under any Master Permit, including by way of example and not limitation, a
notice required under 47 U.S.C. § 546. The Administrator is also authorized to seek information
from any Communications System Operator, and to take all other actions necessary or
appropriate to the administration of this Title or any Master Permit. Master Permits may only be
denied, issued or revoked by action of the City Council.
B. Minimum contents of every Master Permit or License. In addition to satisfying the
other applicable requirements of this Chapter, every Master Permit or License for a
Communications System shall contain the following provisions:
1. The Master Permit or License shall provide that neither the granting of any Master
Permit or License, or any provision thereof, shall constitute a waiver or bar to the exercise of any
governmental right or power, police power, or regulatory power of the City as may exist at the
time the Master Permit or License is issued or thereafter be obtained.
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2. The Master Permit or License shall only authorize occupancy of the right-of-way to
provide the services and for the purposes described in the Master Permit or License.
3. A Master Permit or License shall be a privilege that is held in the public trust and
personal to the original Grantee. The Master Permit or License shall ensure that no transfer of
the master Permit or License may occur, directly or indirectly, without the prior consent of the
City.
4. The Master Permit or License shall contain appropriate provisions for enforcement,
and protection of the public, consistent with the other provisions of this Title.
5. The Master Permit or License shall be for a specified term, set forth in the Master
Permit or License. No Master Permit issued under this Title shall be for a term of longer than ten
(10) years, unless the Council determines that a longer period would be in the City's interest. No
License issued under this Title shall be for a term of longer than five (5) years.
C. Penalties. Any person found to have occupied or carried out activities in the public
rights-of-way without first having obtained or having in effect a valid Master Permit, License, or
ROW permit as required by this Title shall be guilty of a misdemeanor and shall be punished by
a fine not exceeding $1,000 or by imprisonment not exceeding ninety (90) days or by both such
fine and imprisonment. Each day that any such occupancy or activity shall continue in violation
of this Title shall constitute a separate offense.
D. Revocation, reduction of term, or forfeiture of Master Permit or License.
1. Licenses shall be revocable at will.
2. This Master Permit may be revoked for violation of any terms and conditions of the
Master Permit or other city ordinances, resolutions or policy including but not limited to the
following.
(a). Construction or operation in the public rights-of-way of the City or upon City
property in a manner in violation of this Master Permit;
(b).Constmction or operation at an unauthorized location in the public rights-of
way of the City or upon City property;
(c.) Misrepresentation by or on behalf of Grantee in any material respect in any
application or written statements or documents to the City upon which the City
relies in making the decision to grant, review, or amend this Master Permit.
(d).Abandonment of telecommunications facilities in the public ways or upon City
property;
(e).Failure to relocate or remove facilities as required by this Ordinance or Master
Permit
(f).Failure to pay taxes, compensation, fees, or costs when and as due the City
under this Ordinance;
(g).Insolvency or bankruptcy of Grantee;
(h).Violation of any material provision of this Ordinance or Master Permit, which
is not timely, cured upon notice to Grantee by the City.
3. In the event that the City believes that grounds exist for revocation of the Master Permit,
Grantee shall be given written notice of the apparent violation or noncompliance, which notice
shall provide the Grantee a reasonable period of time not exceeding thirty (30) days to furnish
evidence:
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a. That corrective action has been, or is being actively and expeditiously
pursued, to remedy the violation or noncompliance;
b. That rebuts the alleged violation or noncompliance; or
c. That it would be in the public interest to impose some penalty or
sanction less than revocation.
4. In the event that Grantee fails to provide evidence reasonably satisfactory to the
Administrator, the Administrator shall refer the apparent violation or non-compliance to the City
Council or Hearings Examiner. The City Council or Hearings Examiner shall provide the
Grantee with reasonable notice and a reasonable oppommity to be heard conceming the matter.
5. General administration of this Master Permit for the City is through the office of the
Administrator. However, the Administrator may delegate his/her authority and responsibility to
other agents of the City. All questions of application, interpretation, conflict or ambiguity
arising out of or in connection with this Master Permit may be determined through
communications with the Administrator, except where otherwise specifically stated.
6. Grantee may appeal any decision of the Administrator to the City Council or Heatings
Examiner by filing a written notice of appeal within thirty (30) days of the date of issuance of the
Administrator's decision, with copies also sent to the Mayor, Administrator and City Attorney.
The notice of appeal must include a copy of the Administrator's decision and a complete record
originally submitted to the Administrator by Grantee. The Administrator shall submit any
additional response to the City Council or Heatings Examiner within ten (10 Day) of receipt of
the notice of appeal. The City Council or Hearings Examiner shall schedule a hearing within a
reasonable period of time but not to exceed sixty (60) days from filing of the Notice of Appeal
and decide the question submitted. No opportunity to cure is allowed for fraud, which shall be
deemed incurable.
7. Notwithstanding the foregoing, the City may declare a Master Permit forfeited without
opportunity to cure or the notice required by Section 3 where the Grantee fails to begin to
exercise its rights under the Master Permit within a period specified in the Master Permit.
However, a Grantee shall have the right to receive thirty (30) days' prior notice of intent to
declare a Master Permit forfeited, and shall have the opportunity to show cause why the Master
Permit should not be forfeited.
8. Notwithstanding the foregoing, a Master Permit or License will automatically terminate
by force of law one hundred twenty (120) calendar days after an assignment for the benefit of
creditors or the appointment of a receiver or trustee to take over the business of the Grantee or
Licensee, whether in a receivership, reorganization, bankruptcy assignment for the benefit of
creditors, or other action or proceeding. However, the Master Permit or License may be
reinstated within that 120 day period, if: (1) such assignment, receivership or trusteeship has
been vacated; or (2) such assignee, receiver or trustee has fully complied with the terms and
conditions of this Title and the Master Permit or License and has executed an agreement,
approved by any court having jurisdiction, assuming and agreeing to be bound by the terms and
conditions of this title and the Master Permit or License. However, in the event of foreclosure or
other judicial sale of any of the facilities, equipment or property of a Grantee or Licensee, the
City may revoke the Master ?ermit or License, following a public hearing before the City
Council, by serving notice upon the Grantee or Licensee and the successful bidder at the sale, in
which event the Master Permit or License and all rights and privileges of the Master Permit or
License will be revoked and will terminate thirty (30) calendar days after serving such notice,
unless: (1) the City has approved the transfer of the Master Permit or License to the successful
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bidder; and (2) the successful bidder has covenanted and agreed with the City to assume and be
bound by the terms and conditions of the Master Permit or License and this Title.
E. Sale, Lease, Assignment.
1. This Master Permit or License shall not be sold, leased, assigned, or otherwise
alienated without the express consent of the City, and no rule of estoppel shall be invoked
against the City in case the City shall assert the invalidity of any attempted transfer in violation
of this section. The City agrees not to withhold consent where Grantee demonstrates that the
requested assignment is in the nature of a change of name or a change in the nature of a
reorganization or merger of or with an entity controlled by, controlling, or under the common
control of the Grantee, there being no other change in the resulting entity's ability to meet its
Master Permit or License obligations.
2. The City reserves the right to invoke any or all provisions of this Master Permit or
License upon the Grantee's successors or assigns, judgment creditors, or distributes of facilities
or property used in enjoyment of privileges conferred herein, whether or not stated elsewhere, all
without waiver of the right to withhold consent not expressly given of any such transfer and/or
require a new Master permit or License.
3. Grantee will not permit installations by others in the permitted areas, without
written approval from the Administrator. Such approval shall not be in lieu of a Master Permit
or License or other requirements of the City. Whether or not permitted, Grantee remains
responsible for all third party users permitted or allowed by Grantee for compliance with this
Master Permit or License. The intent of this provision is so third parties who might otherwise
desire to use Grantee's facilities are also required to comply with City requirements regarding
Master Permit or License, as may apply.
F. Effect of termination or forfeiture. Upon termination or forfeiture of a License or
Master Permit, whether by action of the City as provided above, or by passage of time, the
Grantee or Licensee shall be obligated to cease using the Communications System for the
purposes authorized by the Master Permit. The City may either take possession of some or all of
the Licensee's or Grantee's facilities in the Public Rights-of-Way or require the Licensee or
Grantee or its bonding company to remove some or all of the Licensee's or Grantee's facilities
from the Public Rights-of-Way and restore the Public Rights-of-Way to its same, or better,
condition. Should the Grantee or Licensee neglect, refuse, or fail to remove such facility, the
City may remove the facility at the expense of the Grantee or Licensee. The obligation of the
Licensee or Grantee to remove shall survive the termination of the Master Permit of License for
a period of two (2) years; provided that, this provision does not permit the City to take
possession of, or require the Grantee or Licensee to remove, any facilities that are used to
provide another service for which the Grantee holds a valid Master Permit or License issued by
the City.
G. Remedies cumulative. All remedies under this Title and any Master Permit or
License are cumulative unless otherwise expressly stated. The exercise of one remedy shall not
foreclose use of another, nor shall the exercise of a remedy or the payment of liquidated damages
or penalties relieve a Communications System Operator of its obligations to comply with its
Master Permit or License. Remedies may be used singly or in combination; in addition, the City
may exercise any rights it has at law or equity. Recovery by the City of any amounts under
insurance, the performance bond, the security fund or letter of credit, or otherwise, does not limit
a Communications System Operator's duty to indemnify the City in any way; nor shall such
recovery relieve a Communications System Operator of its obligations under a Master Permit,
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ROW Permit or License, limit the amounts owed to the City, or in any respect prevent the City
from exercising any other right or remedy it may have.
H. Compliance with laws. Each Grantee and Licensee shall comply with all applicable
laws heretofore and hereafter adopted or established during the entire term of its Master Permit,
Permit or License.
I. Reservation of authority. The City may do all things which are necessary and
convenient in the exercise of its jurisdiction under this Title.
J. No waiver. The failure of the City to insist on timely performance or compliance by
any Person holding a License, ROW Permit or Master Permit shall not constitute a waiver of the
City's right to later insist on timely performance or compliance by that Person or any other
Person holding such a License, ROW Permit or Master Permit.
K. Title not a contract. The City expressly reserves the right to amend this Title and
any Master Permit, ROW Permit or License hereunder from time-to-time in the exercise of its
lawful powers. The provisions of this Title shall not be construed to create to be a contract.
L. No waiver. The failure of the City to enforce any provision of this Title on any
occasion shall not operate as a waiver or estoppel of this right to enforce any provision of this
Title on any other occasion, nor shall the failure to enforce any prior ordinance, law or
contractual provision affecting communications facilities or Communications System operators
act as a waiver or estoppel against application of this Title or any other provision of applicable
law.
Section 2. New Chapter. Chapter 11.03 is hereby added to the Bremerton Municipal Code to
read as follows:
Chapter 11.03
SPECIAL RULES APPLICABLE TO
TELECOMMUNICATIONS FACILITIES AND
TELECOMMUNICATIONS SERVICE PROVIDERS
Sections:
11.03.010 Application for a Master Permit.
11.03.020 Compensation.
11.03.010 Application for a Master Permit.
A. Contents of application for initial or renewal Master Permit. In order to obtain an
initial or renewal Master Permit, an Operator of a telecommunications system must apply for a
master Permit. The application must contain the following information, and such information as
the City may from time to time require.
1. Identity of the applicant and corporate structure.
2. A proposal for construction of a telecommunications facility that includes at least the
following:
(a) a description of the services that are to be provided using the facility.
(b) the location of proposed facility and facility design, including a description of the
miles of plant to be installed, and a description of the size of equipment cabinets, shielding and
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'7?
electronics that will be installed along the plant route, the power sources that will be used and a
description of the noise, exhaust and pollutants, if any, that will be generated by the operation of
the same; provided, however, that, if some of the descriptive data is not available at the time of
application, the Master Permit may be issued subject to conditions that the data be filed and
approved by the City before construction begins and that the Master Permit will be deemed to be
forfeited if the data is not supplied and approved; provided further, in the event that Sections
11.03.010.A.2.(b)-(c) require information that is a business or trade secret and/or proprietary
information and the Operator wishes to protect the information against disclosure, then Operator
shall provide said information to City in a separate envelope marked "Proprietary Information:
DO NOT DISCLOSE". The City will exercise good faith efforts to protect the confidentiality of
the business or trade secrets or proprietary information that is designated as such; provided
further, that (1) in the event a public disclosure request is made for information marked as
proprietary, and if the City Attorney determines that said information may be subject to being
disclosed; or (2) the City determines that the information should be disclosed in connection with
its enforcement of any provision of this Title, or in the exercise of its police or regulatory
powers; then the City shall notify the Operator of the Operator's opportunity to seek a protective
order from a court with appropriate jurisdiction. In the event that a protective order is not
obtained within thirty (30) days or, if shorter, the time limitation set forth in State law, then City
may disclose said information. The Operator is obligated to reimburse and indemnify City for all
costs, damages and attorney fees that may be awarded or assessed by the court for any actions
the City took at the request of Operator.
(c) a map of the general route the facility will follow; a designation of the portions of
the system that will be placed above ground and the portions that will be placed underground,
and the construction techniques that the Operator proposes to use in installing the system above
ground and underground; a schedule for construction of the facility describing when and where
construction will begin, how it will proceed, and when it will be completed; and the expected
effect on right-of-way usage, including information on the ability of the Public Rights-of-Way to
accommodate the proposed system, including, as appropriate given the system proposed, an
estimate of the availability of space in conduits and an estimate of the cost of any necessary
rearrangement of existing facilities; provided, however, that any proprietary information required
under this subparagraph as well as the preceding subparagraph shall be subject to the non-
disclosure procedure prescribed in the proviso of the preceding subparagraph.
(d) A description, where appropriate, of how services will be converted from existing
facilities to new facilities, and what will be done with existing facilities.
(e) Identification of the area of the City to be served by the proposed system,
including a description of the proposed area's boundaries under the Master Permit.
(f) An affidavit or declaration of the applicant or authorized officer thereof certifying
the truth and accuracy of the information in the application, and certifying that the application
meets all requirements of applicable law.
B. Applications for transfer. An application for a transfer of a Master Permit must contain
the same information required by Section 11.03.010.A, except that, if the transferor submitted an
application under Section 11.03.010.A, to the extent information provided by the transferor
under Section 11.03.010.A.2 remains accurate, the transferee may simply cross-reference the
earlier application.
C. City review. The City may request such additional information as it finds necessary, and
require such modifications to the system proposed as may be necessary in the exercise of the
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City's authority over the use of its public rights-of-way for telecommunications systems. Once
the information required by the City has been provided, the application shall be subject to review
by the City and any approval shall be subject to the City's determination that:
1. the applicant will accept the modifications required by the City to its proposed
system. This section does not authorize the City to exercise authority it does not otherwise have
under applicable law.
2. the applicant will accept a Master Permit satisfactory to the City and comply with any
conditions precedent to its effectiveness.
3. in the case ora transfer, any approval will also be subject to a determination that:
(a) there will be no adverse effect on the public interest, or the City's interest in the
Master Permit;
(b) transferee will agree to be bound by all the conditions of the Master Permit and to
assume all the obligations of its predecessor; and
(c) any outstanding compliance issues will be resolved or preserved to the
satisfaction of the City.
D. An applicant shall not be issued a Master Permit if it files or has previously filed
materially inaccurate or misleading information in a Master Permit application or intentionally
withheld information that the applicant lawfully is required to provide.
11.03.020 Compensation.
A. Rights-of-way fee. Subject only to the exceptions set out in Section 11.01.040.C of this
Title, every Operator of a telecommunications facility must compensate the City for its actual
cost of administering this application and the rights-of-way.
Section 3. New Chapter. Chapter 11.05 is hereby added to the Bremerton Municipal Code to
read as follows:
Chapter 11.05
PRIVATE COMMUNICATIONS FACILITIES
Sections:
11.05.010 Application for License.
11.05.020 Conditions of License.
11.05.010 Application for License. A Person wishing to construct, install, place, operate,
replace, reconstruct, or maintain a Private Communications System in a public right-or-way must
obtain a License therefore. The License shall only authorize placement of the system in a
specific portion of the Public Rights-of-Way for a limited and specific purpose in connection
with the Person's business but not encompassing in whole or in part the carriage of
telecommunications for hire in the Public Rights-of-Way, and for a limited period of time. Such
application must be in the form provided for by regulation and must be accompanied by a filing
fee, coveting the cost of administration of this application.
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11.05.020 Conditions of License. Any License shall be subject to such conditions as the City
may from time to time establish, shall be expressly subordinate to thc usc of thc Public Rights-
of-Way by operators of communications facilities, and shall otherwise conform to thc
requirements of this Title. Subject to thc foregoing, the provisions of Chapter 11.01, Section
11.01.050 shall apply to a Private Communications System as if it were a Communications
Facility.
Section 4. New Chapter. Chapter 11.06 is hereby added to the Bremerton Municipal Code to
read as follows:
Chapter 11.06
MISCELLANEOUS
Sections
11.06.010 Captions.
11.06.020 Calculation of time.
11.06.030 Severability.
11.06.010 Captions. The captions to sections throughout this Title are intended solely to
facilitate reading and reference to the sections and provisions of this Title. Such captions shall
not affect the meaning or interpretation of this Title.
11.06.020 Calculation of time. Unless otherwise indicated, when the performance or doing of
any act, duty, matter, or payment is required under this Title or any Master Permit or License,
and a period of time or duration for the fulfillment of doing thereof is prescribed and is fixed
herein, the time shall be computed so as to exclude the first and include the last day of the
prescribed or fixed period of duration time.
11.06.030 Severability. If any term, condition, or provision of this Title shall, to any extent, be
held to be invalid or unenforceable by a valid order of any court or regulatory agency, the
remainder hereof shall be valid in all other respects and continue to be effective. In the event of
a subsequent change in applicable law so that the provision which had been held invalid is no
longer invalid, said provision shall thereupon return to full force and effect without further action
by the City and shall thereafter be binding on the Grantee and the City. If, as determined by the
City upon appropriate legal advice, or applicable court decision, any term, condition or provision
of this Title imposes a requirement which is prohibited by applicable federal or state law, or
prohibits an action which must be allowed under applicable federal or state law, then any such
term, condition or provision shall be construed to not impose the requirement which is prohibited
by valid federal or state laws or not to prohibit the action which must be allowed under valid
federal or state law.
Section 5. Effective Date. This Ordinance shall be in full force and effect ten (10) days after
posting and publication as required by law. A summary of this Ordinance may be published in
lieu of the entire Ordinance, as authorized by State Law.
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APPROVED by the City Council on first reading this 3rd day of October, 2001.
PASSED by the City Council of the City of Bremerton this l0th day of October, 2001.
JOHN LAW, Council President
APPROVED this __ day of ., 2001.
LYNN S. HORTON, Mayor
ATTEST:
KATHLEEN L. McCLUSKEY, City Clerk
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