HomeMy WebLinkAbout12/20/2006 AGENDA
Dl\ FILE
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280
***AMENDED***
DECEMBER 20, 2006
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
B. 10-Minute Executive Session to "Consider a Minimum Price for Real Estate" per R.C.W.
42.30.110(1)(c)
2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. PUBLIC RECOGNITION & ANNOUNCEMENTS
5. CONSENT AGENDA
A. Claims & Check Register (#AB06-271)
B. Minutes of Meeting - December 13, 2006 (#AB06-272)
C. Resolution No. 3017, approving entry into Change Order expenditures with BERSCHAUER
PHILLIPS CONSTRUCTION related to the Art Morken Law Enforcement Center (#AB06-273)
D. Approval to purchase furnishings from BUSINESS INTERIORS NW for the new Art Morken Law
Enforcement Center (#AB06-274)
E. Approval to purchase high-density evidence and records storage for the new Art Morken Law
Enforcement Center (#AB06-275)
F. Resolution No. 3018, approving entry into a Change Order for SYNERGY CONSTRUCTION for
Harborside Fountain Park, Heritage Museum, and Events Addition (#AB06-276)
G. Contract Amendment NO.2 to Professional Services Agreement with GRANT SOLUTIONS for
Grant Writing Services (#AB06-278)
H. Purchase of two emergency generators and associated equipment from CUMMI~JS
NORTHWEST, LLC for Fire Stations 112 and 113 through the state bid process (1I.^,B06 279) Item
pulled
I. Amendment to Communications Tower Lease Agreement with SPRINT (#AB06-280)
J. Communications Tower Lease Agreement with CLEARWIRE US LLC (#AB06-281)
K. Ordinance No. 4994, amending Chapter 20.10 of the BMC relating to Comprehensive Plan
Amendments (#AB06-282)
CONTINUED ON BACK...
6. GENERAL BUSINESS
A. Lease Agreement with Claremont East Retirement Apartments 1st Public Hearing was held on
November 1,2006; and Z'd Public Hearing was held on November 15,2006 (#AB06-234)
B. Ordinance No. 4992, adopting the City of Bremerton Water System Plan Update (#AB06-283)
C. Resolution No. 3019, establishing Water Efficiency Goals for the City of Bremerton Water
Utility (#AB06-284)
D. Ordinance No. 4993, amending Ordinance No. 4979, which amended the Fiscal Year 2006
Budget for the City as originally adopted by Ordinance No. 4959 (#AB06-285)
E. Purchase and Sale Agreement with Eric and Jie Haywood for the Sale of the former Cencom
Building located at 1720 Warren Avenue (#AB06-286)
F. Approval of the City-Wide Parking Enforcement Contract with DIAMOND PARKING SERVICES,
LLC (#AB06-277)
7. COUNCIL MEMBER REPORTS
8. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the Council meeting.
CITY COUNCIL MEETING
SPEAKERS LIST
PLEASE NOTE THAT ALL REQUESTS FOR INFORMATION FROM THE CITY OF
BREMERTON MUST BE SUBMITTED IN WRITING.
THANK YOU.
PLEASE PRINT YOUR NAME BELOW IF YOU PLAN TO
SPEAK DURING THE COUNCIL MEETING TONIGHT
~h~ (4-, 13 ~ ~c-~
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DATE SUBJ:vIITTED:
BILL# {J0-~71
AGENDA BILL
CITY OF BREMER TON
CITY COUNCIL
SA
..........u.~....................................................~.....................,
SUBJECT:
Claim & Checks Register Approval
Committee Meeting: Date:
COUNCIL MEETING Date: ~ I ~ -- ;{ 0 -0 ~
Department: Financial Services
Presenter: Cathy Johnson
Phone:
SUMMARY:
ATTACHMENTS:
FISCli IMPACTS (Include Budgeted l\mount):
APPROVALS:
DEP},RTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
. I
CONSENT AGEl'JDA ~ \
FISCAL/BUDGET:
"OPERATIONS:
COUNCIL PRESIDENT:
.~</c;;, ~ )/'
r'~'/71.'tc . ~76~---zA--'-VU,'n
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RECOMMENDED MOTION: Move to approve:
1) Check #'s ~ ('3 -:.::) 7()"- 31 3,~--S:7
EFT's
?'I/ ':5 -1Y;27
$ ~tJS-S;///' 51
2) Regular Payroll for
$
3) Retiree Payroll for
$
.------ ._-. C;UN~~~ ~~;~~N: ~T0\~e -~D Den~'----U Table
o Continue 0 No Action
DATE SUBMITTED: ! ;l;l3 /00
,
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # _6~ - d.. 7 J..
58
........................................................................................
SUBJECT: Minutes of Meeting -
De.c~ l3, ;;2..00(0
Committee Meeting Date: NI A
COUNCILMEETINGDate: 1JeLe~r ;J.O, ::t:Qo~
Department: City Council
Presenter: Cecil McConnell,
Council President
Phone: (360) 473-5280
SUMMARY:
Attached are the meeting minutes for the Council Meeting held 1>e.c€..Wllo-er- f 3) ~oCp
ATTACHMENTS: Meeting Minutes for Dec.~m1e;y- 13 ( J-oo <0
FISCAL IMPACTS (Include Budgeted Amount): None
APPRO V ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT: j,':-;{!fc;t-7:-,.... ,t-tf:?
RECOl\'IMENDED lVIOTION: Move to pass the CONSENT AGENDA as presented.
CONSENT AGENDA [gJ
COUNCIL ACTION: r:;JApprove 0 Denv 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, December 13, 2006
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Chambers, of the NORM DICKS GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, December 13, 2006, at 5:30 PM, with Council President Cecil McConnell presiding.
Council members present were Nick Wofford, Will Maupin, Carol Arends, Dianne Robinson, Wendy
Priest, Adam Brockus, and Brad Gehring. Council Member Mike Shepherd was absent. Also present
were City Attorney Roger Lubovich; City Clerk Paula Johnston; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation
provided by Pastor Scott Huff of the St. Luke's Methodist Church.
President McConnell announced that a Pre-Council Session to discuss General Council Business
and a 10-Minute Executive Session to "CONSIDER THE MINIMUM SALE PRICE OF REAL ESTATE" were
held prior to the meeting.
':>
PUBLIC RECOGNITION & ANNOUNCEMENTS
Helen Miller submitted a letter to encourage transparency among Council Members in the upcoming
Council President Election process.
Adam Brockus announced that the Manette Business Association was having a contest to select the
best Christmas lighted house in Manette; and also apologized to signers of the petition who would
support an additional tax to convert the property at 17'h & lronsides into a Local Improvement District
(LID) because a response would be delayed until the Mayor's return from his extended vacation.
CONSENT AGENDA
A. Check Numbers 313218 through 313369; and EFT-9401 through EFT-9412 in the amount of
$1,188,504.31 for the period ending November 30,2006; and Regular Payroll in the amount of
$697,124.26 for the pay period ending November 30, 2006 (#AB06-269)
B. Minutes of Meeting - December 6, 2006 (#AB06-270)
05:37:47 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
With no further business, President McConnell adjourned the Council Meeting at 5:38 PM. The
Council reconvened in the Council Conference Room.for a STUDY SESSION to hear presentations on
upcoming agenda items.
Pknd.submitted by:
t ' Su;;Ih~)
LORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
CECIL McCONNELL, City Council President
CM:PJ:ls:cg
............e;biu~1:~..AjO~.~3e;~....................................................
SUBJECT: ~ntry into change order Committee Meeting Date: 12/13/06
expenditures with Berschauer Phillips COUNCIL MEETING Date: 12/20/06
Construction related to The Art Morken Law Department: Econ. Development
Enforcement Center Presenter: Gary Sexton
Phone: 360-473-5282
DATE SUBMITTED: 12/06/06
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
p06..a73
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SUMMARY: Construction Change Orders for Berschauer Phillips in the amount of$441,292 related
to the Art Morken Law Enforcement Center are reasonable and necessary due to unforseen situations
and necessary construction changes as outlined in Exhibit A.
A TT ACHMENTS: Resolution with Exhibit A
FISCAL IMP ACTS (Include Budgeted Amount): Funding has previously been appropriated.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
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ilt
CONSENT AGENDA II!
o. _3017
RECOMMENDED MOTION: Move to approve the Resolution to increase the contract amount for
Berschauer Phillips Construction for the Art Morken Law Enforcement Center in the amount of
$441,292 and authorize the Mayor to finalize the resolution in substantially the same form as
presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
RESOLUTION NO. 30 ( 7
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving entry into change orders
expenditures related to The Art Morken Law Enforcement Center.
WHEREAS, expenditures in the form of change orders with Berschauer Phillips
Construction, Inc. in the amount of$44l,292 related to The Art Morken Law Enforcement
Center are reasonable and necessary as set forth in Attachment A and
WHEREAS, pursuant to Section 2.76.110 ofthe Bremerton Municipal Code, City
Council must approve change orders of an aggregated value exceeding $200,000 for contracts
greater than $500,000;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Approval and Ratification. Pursuant to Bremerton Municipal Code
2.76.110, the City Council authorizes and approves change orders totaling $441,292, as listed in
Attachment A, to the Berschauer Phillips contract previously entered into on July 10, 2006.
SECTION 2. Severability. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this _
,2006.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney P AULA JOHNSTON, City Clerk
R:\Legal\Legal\Resolutions\Economic Development\Police Station Change Orders.doc
1
Art Morken Law Enforcement Center
Change Orders
ATTACHMENT A
CHANGE I
ORDER # Description AMOUNT
1 Bullet Resistant Window Substitution (1,000.00)
Broaden Column Footings 3,817.00
Unforeseen Earthwork & Concrete Disposal 6,193.00
TOTAL CO #1 9,010.00
2 01 Annex Footing 2,300.00
06 Metal Door Frames 1,937.00
07 Valve Assembly - Fire Sprinkler Added 9,479.00
010 Data Com Locations 13,227.00
2 Qwest Conduits 523.00
TOTAL CO #2 27,466.00
3 Security System 133,731.00
TOTAL CO #3 133,731.00
4 Replace Siding 72,509.00
TOTAL CO #4 72,509.00
5 Fire Damper Siffit Modificastions: 5,818.00
Security Roughin at Freestanding Walls 4,057.00
Fire Glazing in Rated Doors 1,235.00
Delete Oak Wall Cap (3,697.00)
Fur Out Brick Walls 2,514.00
Remove Wallpaper 8,286.00
Room 217 Ducts 999.00
Mirrored Galss 2,029.00
Delete Signage (2,550.00)
TOTAL CO #5 18,691.00
BP Cost
Proposal #
Revisions in existing and new annex addition/delete chain link, add
20 walss and door, move doors 6,000.00
Deleted Wall in room B104 making conference B102larger. Credit
22 Request (760.00)
Brick Removal/Patch, Shelving demo. Additional Wall, Support
25 Column jog. Add carpeting & rubber base & VCT Painting of walls 75,000.00
27 Qwest Conduit - 90LF & Core Drilling 4,000.00
29 Ceiling Tile replacement 750.00
Add additional switches/electrical for offices as per Craigs
31 requested list. And canned lights 4,937.00
Take out glass walls and infill walls with GWB & paint @B204 &
32 B113 2,650.00
33 Cost to Eliminate data/phone scope of work from contract. 9,212.00
35 Fire alarm addressable system 24,446.00
36 Mold issue/patch 700.00
37 Patch brick at existing cash machine 6,800.00
38 Floor preparation for title at B013 & B014 900.00
39 Cabinet changes to RM A 107 1,700.00
41 Signs 2,550.00
42 Fill in Windows @ Existing Annex 7,000.00
43 Paver removal @ main entry, install new pavers 34,000.00
:f:
Total
441,292.00
1 of 1
DATE SUBMITTED: 12/13/06
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~
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SUBJECT: Approval to purchase
furnishings from Business Interiors NW for
the new Art Morken Law Enforcement
Center
Committee Meeting Date: 12/13/2006
COUNCIL MEETING Date: 12120/2006
Department: Econ. Development
Presenter: Gary Sexton
Phone: 360-473-5282
SUMMARY: Approval to purchase some new office furnishings from BINW for a few ofthe
offices, conference and interview rooms at the new Art Morken Law Enforcement Center.
ATTACHMENTS: Summarized billing from BINW in the amount of$62,554.72 (includting tax,
freight and installation)
FISCAL IMP ACTS (Include Budgeted Amount): Funding has previously been appropriated in the
2006 and 2007 budget.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
I CONSENT AGENDA 1&1-1 Q
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve the purchase of furnishings from Business
Interiors NorthWest in the amount of$62,554.72, and authorize the Mayor to approve the purchase
order in substantially the same form as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
THIS IS NOT A PURCHASE ORDER
l' mic- ~~~r
AUTHORIZED BY ___.___:::::~~,~-?Q-:.:==: ::;: :~;~~~~~~~f:_::===::I'N~~m~~~--
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(ASSIGNED BY PURCHASING DEPT.j
CITY OF BREMERTON
PURCHASE REQUISITION
1 :
ITEM UNITS
QUAN
ORDERED
DESCRIPTION
INTENDED USE
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AMOUNT
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SUGGESTED VENDOR
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PURCHASING
DEPARTMENT
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BUSINESS INTERIORS
5iNW
iNVOICE
Remit to:
Invoice r\)o.
Order No
Customer Number
Customer P.O.
Salesperson
Terms
Date
80693
710 Pacific Avenue
Tacoma, WA 98402
(253) 627-1000
Fax: (253) 627-1032
Various
BREMPOLlCE
impyo'ving h011\1 you work
Kim Voss
Net 10 days
December 8, 2006
TACOMA TUKWILA
IDb~L,
City of Bremerton, police Department
345 6th Street, Suite 600
, Bremerton, WA 98337
.,' Gary Sextc
5,088.79
1,724.67
3,367.29
2,565.52
3,455.57
4,701.29
2,993.16
301.30
299.15
793.71
911.63
2,662.74
2,250.00
1\'
14
Total $4500.00
1
CAD Services
Total $325.00
P- 5~ '-f. "/;- t6f
J
80851
$
162.50
flii_i\f~ $
162.50
31,277.32
DATE SUBMITTED: 12/13/06
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
froG - :275
.. .. II .. .. .. .. II .. .. .. .. II .. .. II .. .. II .. II II .. .. .. II .. .. .. .. II .. .. .. .. .. II .. .. II .. .. .. .. .. II .. .. II .. II II .. .. II II II II .. .. II .. .. II .. .. .. .. .. II ::.. II II ..5& . II B " .. I --
SUBJECT: Approval to purchase high-
density eV,c1~C.(;,.Al<<A records storage for the
new Art Morken Law Enforcement Center.
Committee Meeting Date: 12/13/2006
COUNCIL MEETING Date: 12/20/2006
Department: Econ. Development
Presenter: Gary Sexton
Phone: 360-473-5282
SUMMARY: Approval to purchase high-density storage for records and evidence frbm TAB
Northwest for the new Art Morken Law Enforcement Center.
ATTACHMENTS: Itemized billing from TAB Northwest in the amount of$86,576.16 (including
tax, freight and installation)
FISCAL IMP ACTS (Include Budgeted Amount): Funding has previously been appropriated in the
2006 and 2007 budget.
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
fd/
I CONSENT AGENDA IEf-I
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve the purchase of high-density evidence and records
storage from TAB Norwest in the amount of $86,576.16, and authorize the Mayor to approve the
purchase order in substantially the same form as presented.
COUNClL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
THIS IS NOT A PURCHASE ORDER
REQUISITIONING ,!;LONOMi )l:..V acf .01 [;l.J I
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(ASSIGNED BY PURCHASING DEPT.)
CITY OF BREl\ffiRTON
PURCHASE REQUIS(T~ON
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INTENDED USE
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SUGGESTED VENDOR
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____.__..._..__.___.__ ._..__._..__..____.._.. _..._._._...... m.__.._m._'_'_'_"'_"'_' .....-.--..---..-..-.......-...- -...-.-.--.. ........-.-.-...--."...-.--.... ..... .-.........-.--........ --..--..-......----.......-...-..-...-....-....--------.-
PURCHASII\lG
DEPARTMENT '
-.---.f.-..~--......
Dp.TE.
!~~L~-=-Q(Q~~-E
D~
y
MEMO
TO:
Terry Fischer
Purchasing Dept.
FROM:
Gary Sexton
Economic Development
DATE:
December 12, 2006
SUBJECT:
Purchase Order for TAB NW, (High Density Storage for new
Police Facility)
The City of Bremerton received two additional quotes for the above items. Those
were from:
Space Savers
Smart Space
TAB NW had the lowest price for the largest amount of product and could
deliver/install within the tight time restrictions.
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:1
Robert Herriford
TAB Northwest
4524 Tacoma Avenue
Sumner, WA 98390
253/299-7000 Phone
253/826-0335 Fax
800/333-9098 Toll free
rherriford@tabnw.com
Quotation for Products and Services prepared for:
Captain Jim Burchet1
Bremerwn Police Depm1men1
Evidence storage system
239 4th Street
Bremerton, WA 98337
Office
FAX
EmaiJ
360-473-5225
360-473-5396
iames.burchett(QJci. bremertDn. wa. us
Date
Quote -Ii-
TemlS
12/7/2006
BRE-ll 06-C3
Net30%
Delivery 4 Weeks
FOB Point Destinatior;
Ship Via WNW
We are pleased to submit the following quotation
Unit Extended
Model # Description Quantity Pri ce . Investment
M600 Track with grout (feet) 17 $ 20.33 $ 345.61
M680 Anti-tip track with grout 44 $ 33.61 $ 1,478.84
M915 Anti-tip Brackets 12 $ 37.00 $ 444.00
M614 Particle board deck 346 $ 3.03 $ 1,048.38
M608 Channels, hrdwr. & grout 346 $ 1.84 $ 636.64
M610 TIrreshold 44 $ 8.73 $ 384.12
M618 Vinyl Composition Tile 8 $ 71.56 $ 572.48
M611 Deck end caps' 28 $ 6.94 $ 194.32
M3002-132-15.25-** LP fixed camage 11' xI5.25" 1 $ 375.68 $ 375.68
M3000-138-30.25-** . LP Movable carriage 11 '6" x 30.25" 1 $ 983.38 $ 983.38
M3000-204-30.25-** LP Movable carriage 17' x 30.25" 5 $ 1,135.17 $ 5,675.85
M704 Mechanical Dual access 6 $ 126.85 $ 761.10
M905 Chain Guard covers LP 12 $ 42.01 $ 504.12
M907 Fixed Chain Guard cover LP 2 $ 12.63 $ 25.26
M913 Safety 3-spoke handle 12 $ 71.02 $ 852.24
M612 Carpet Edging 61 $ 7.37 $ 449.57
M694 Rail Stops 1 $ 25.54 $ 25.54
L&T shelving w/PTB shelf Open storage 88" high with 7 openings 1 $ 5,313.49 $ 5,313.49
Counter top shelving 3 opening counter w/ Lam back & top 1 $ 1,781.91 $ 1,781.91
Sub Total $ 21,852.53
Installation $ 3,325.00
Freight estinJated Free
W A sales tax 8.6% $ . . 2,165.27
Total $ 27,342.80
-----------
-- ~- -- -- - - --------
-----------
--~- --- ---
------ - -
Current LFI
Additional LFl
d _ 16310_
~74: ~
% Growth
Total LFl
. 16310
-----
!"2-Ih.-;/rJf/
Date:
Customer Acceptance:
This proposal is valid until
Price does include sales tax if applicable
2/5/2007
LJ
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----
Robert tieprd
TAB NIJ]1pst
4524 T<\.col Avenue
Sumner, "\\1~839o
253/ 29SJ,P J>hone
253/825,(\',=Fax
80o/33:3A::;;;:S Toll free
rherrifor!;!J@r~
Quotation for Products and Services prepared for:
C3ptain Jim Burchett
Bremerlon Police Department
Evidence storage system
239 4tll Street
Bremertoll, WA 98337
Date
Quote #
Tenus'
12/7/2006
BRE-Jl06-B2
Net 30%
We are pleased to submit the following quotation
Office
FAX
Email
360-473-5225
360-473-5396
james. burcheWwci .bremerton. wa. us
Delivery
FOB Point
Ship Via
4 Weeks .
DestinatiOli.
'WNW
Unit Extended
Mode] # Description Quantity Price Investment
M600 Track with grout (feet) 31 $ 20.33 $ 630.23
M680 Anti-tip track Witll grout 68 $ 33.61 $ 2,285.48
M915 Anti-tip Brackets 22 $ 37.00 $ 8]4.00
M6]4 Particle board deck 540 $ 3.03 $ 1,636.20
M608 Channels, hrdwr. & grout 540 $ 1.84 $ 993.60
M610 Threshold 36 $ 8.73 $ 3 ]4.28
M618 Vinyl Composition Tile 13 $ 71.56 $ 943.16
M611 Deck end caps 10 $ 6.94 $ 69.40
M3002-192-15.25-** LP fixed carriage] 6' x15.25" 1 $ 535.06 $ 535.06
M3000-o96-3o.25-** LP Movable carriage 8' x 30.25" 1 $ 674-38 $ 674.38
M30oo-1 02-30.25- ** LP Movable carriage 8'-6" x 30.25" 1 $ 801.23 $ 801.23
M300o-] 92-30.25-** LP Mov.able carriage ]6' x 30.25" 4 $ 1,134.63 $ 4,538.52
M30oo-186-3o~25- ** LP Movable carriage 15'-6" x 30.25" 5 $ 1,134.63 $ 5,673.15
M905 Chain Guard covers LP 11 $ 42.0] $ 462.11
M907 Fixed Chain Guard cover LP 1 $ 11.63 $ 12.63
M913 Safety 3-spoke handle 11 $ 71.02 $ 781.22
M612 Carpet Edging 99 $ 7_37 $ 729.63
M694 Rail Stops 2 $ 25.54 $ 51.08
L&T shelving w/ PIB shelf (Jpen stor~ge 88" high with 7 openings 1 $ 8,519,07 $ 8,5]9.07
Sub Total $ 30,464.43
Installatj on $ 4,975.00
Freight estimated Free
W A Sales tax 8.6% $ 3,047.79
Total $ 38,487.22
Current LFI
o
Additional LFI
"$l~~6~
Customer Acceptance:
This proposal is valid until
Price does include sales tax if applicable
% Growth
Total LFI
26390
Date:
l~~t.
v
2/5/2007
O.......;ii'".
.~~
i I
co
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~W ,;q.. c~! ,:5 <:1 -- (:. r-::..
Robert Herriford
TAB Northwest
4524 Tacoma Ave:nue
Sumner, W A 98390
253/299-7000 Phone
253/826-0335 Fa:x .
800/333-9098 Toll :free
rherriford(1j)tabnw.com
Quotation for Products and Services prepared for:
Captain Jim Burchett
Bremelion Police Department
File storage system
239 4tlJ Stred
Bremerton, WA 98337
Date
Quote #
Tenus
]2/7/2006
BRE-] ]06-A
Net30%
Office
FAX
Email
360-473-5225
360-473-5396
james. burchettlfl)ci. bremerton. wa. us
Delivery
FOB Point
Ship Via
4 Weelcs
Destination
WNW ..
We are pleased to submit the following quotation
Model #
M680
M915
M614
M608
M6JO
M618
M611
M3002-108-12.25-**
M3000-108-24.25-**
M905
M907
(.- M77 6
2 M778
i__ M643
M913
M612
L&T shelving
,., .,'4.
Current LFI
5000
Customer Accept.nce:
Description
Anti-tip track with grout
Anti-tip Brackets
particle board deck
Channels, hrdwr. & grout
Threshold
Viay I Composition Tile
Deck end caps
LP fixed carriage 9' x12.25"
LP Movable carriage 9' x 24.25"
Chain Guard covers LP
Fixed Chain Guard cover LP
Laminated Self edge end panel ]2"
Laminated Self edge end panel 24"
Laminated Self edge Back: panel
Safety 3~spoke handle
Carpet Edging
Open storage 76"high "villi 7 openings
This proposal is valid until
:price does iaclude sales tax if appli cable
Unit EAiended
Quantity Price Investment
36 $ 33.61 $ 1,209.96
12 $ 37.00 $ 444.00
162 $ 3.03 $ 490.86
162 $ 1.84 $ 298.08
18 $ 8.73 $ 157.14
4 $ 71.56 $ 289.82
10 IT' 6.94 $ 69.40
'"
2 $ 365.38 $ 730.76
6 $ 623.42 $ 3,740.52
6 $ . 42.01 $ 252.06
1 $ 12.63 $ 12.63
2 $ 151.93 $ 303.86
6 $ ]78.71 $ 1,072.26
3 $ 213.2] $ 639.63
6 $ 71.02 $ 426.12
36 $ 7.00 $ 252.00
1 $ 5,730.16 $ 5.730.16
Sub Total $ 16,119.26
lnstal1ati on $ 2,984.00
Freight Free
WA Sales tax 8.6% $ 1,642.88
Total $ 20,746.14
% Growth
]00%
TotalLFI
9996
Date:
!z4'~~
2/5/2007
[.m1.' ~rl {;..""'. .../....,~...
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Robert Heniford
TAB Northwest
4524 Tacoma Avenue
Sumner, WA 98390
253/299-7000 Phone
253/826-0335 Fax
800/333-9098 Toll free
rherriford(cj)tabnw.ccm
Quotation for Products and Services prepared for:
Captain Jim Burchett
Bremerton Police Department
Evidence storage system
239 4th Street
Bremerton, WA 98337
Office
FAX
Email
360-473-5225
360-473-5396
iames.burchetliWci. bremerton. wa. us
Date
Quote #
Terms
12/7/2006
BRE- 11 06-C3
Net 30%
Delivery 4 Weeks
FOB Point Destination.
Ship Via WNW
We are pleased to submit the following quotation
Dnit Extended
Model # Description Quantity Price Investment
M600 Track with grout (feet) 17 $ 20.33 $ 345.61
M680 Anti-tip track with grout 44 $ 33.61 $ 1,478.84
M915 Anti-tip Brackets 12 $ 37.00 $ 444.00
M614 Particle board deck 346 $ 3.03 $ 1,048.38
M608 Channels, hrdwr. & grout 346 $ 1.84 $ 636.64
M610 Tlrreshold 44 $ 8.73 $ 384.12
M618 Vinyl Composition Tile 8 $ 71.56 $ 572.48
M611 Deck end caps 28 $ 6.94 $ 194.32
M3002-132-15.25-** LP fixed carriage ]]' xI5.25" 1 $ 375.68 $ 375.68
M3000-138-30.25-** LP Movable carriage 11 '6" x 30.25" 1 $ 983.38 $ 983.38
M3000-204-30.25-** LP Movable carriage IT x 30.25" 5 $ 1,135. I 7 $ 5,675.85
M704 Mechanical Dual access 6 $ 126.85 $ 761.10
M905 Chain Guard covers LP 12 $ 42.01 $ 504.12
M907 Fixed Chain Guard cover LP 2 $ 12.63 $ 25.26
M913 Safety 3-spoke handle 12 $ 71.02 $ 852.24
M612 Carpet Edging 61 $ 7.37 $ 449.57
M694 Rail Stops I $ 25.54 $ 25.54
L&T shelving w/PTB shelf Open storage 88" high with 7 openings I $ 5,313.49 $ 5,313.49
Counter top shelving 3 opening counter wi Lam back & top 1 $ 1,781.91 $ 1,781.91
Sub Total $ 21,852.53
Installation $ 3,325.00
Freight estimated Free
W A sales tax 8.6% $ 2,165.27
Total $ 27,342.80
Current LF1
Additional LFI
16310
% Growth.
Total LFI
. 16310
Customer Acceptance;
Date:
This proposal is valid until
Price does include sales tax if applicable
2/5/2007
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BRE-II06-C3
Evidence storage
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42" hIgh shelving with counter top and back panel
-4 IE- 10.500" ~
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Bremerton Police Department
I Captain James Burchett
File storage system
Robert Herriford
AlL DESIGNS REPRESENTED BY TI-IIS
DRAWING ARE CONFIDENTIAL AND SHOULD
NOT BE DISCLOSED WITHOUT WRITTEN
PERlvIlSSION FROM TAB NORTHWEST
11'11 "
-?j fE- 8.250"
)rr= 5'O"250'~
t.q
..J.
Double depth shelving with"contertop.
'\
93 1/2"
.f::
01
o
q
Double depth open box shelving
Seven 11 1/4" openings & top
TAB Northwest
4524 Tacoma Avenue
Sumner, WA 98390
.,- (253) 838-6194 Seattle
ES (800) 333-9098 Toll Free
(253) 826-0335 Fax
Robert Herriford
TAB Northwest
4524 Tacoma Avenue
Sumner, WA 98390
253/299-7000 Phone
253/826-0335 Fax
800/333-9098 Toll free
. rherriford(ci)tabnw.com
Quotation for Products and Services prepared for:
Captain Jim Burchett
Bremerlon Police Deprutmenl
Evidence storage system
239 4th Street
Bremerton, WA 98337
Office
FAX
Em ail
360-473-5225
360-473-5396
iames. bu rchett(1j)ci. bremerton. wa. us
Date
Quote #
TelliS
12/7/2006
BRE-1106-B2
Net 30%
Delivery
FOB Point
Ship Via
4 Weeks
Destination
WNW
We are pleased to submit the following quotation
Unit Extended
Model # Description Quantity Price Investment
M600 Track with grout (feet) 31 $ 20.33 $ 630.23
M680 Anti-tip track with grout 68 $ 33.61 $ 2,285.48
M915 Anti-tip Brackets 22 $ 37.00 $ 814.00
M614 Pruticle board deck 540 $ 3.03 $- 1,636.20
M608 Channels, hrdwr. & grout 540 $ L84 $ 993:60
M610 Threshold 36 $ 8.73 $ 314.28
M618 Vinyl Composition Tile 13 $ 7L56 $ 943.16
M611 Deck end caps 10 $ 6.94 $ 69.40
M3002-192-15.25-** LP fixed carriage 16' xI5.25" 1 $ 535.06 $ 535.06
M3000-096-30.25-* * LP Movable carriage 8' x 30.25" 1 $ 674.38 $ 674.38
M3000-102-30.25-** LP Movable carriage 8'-6" x 30.25" 1 $ 80L23 $ 801.23
M3000-192-30.25-** LP Movable carriage 16' x 30.25" 4 $ 1,134.63 $ 4,538.52
M3000-186-30.25-** LP Movable carriage 15'-6" x 30.25" 5 $ 1,134.63 $ 5,673.15
M905 Chain Guard covers LP 11 $ 42.01 $ 462.11
M907 Fixed Chain Guard cover LP 1 $ 12.63 $ 12.63
M913 Safety 3-spoke handle 11 $ 7L02 $ 781.22
M612 Carpet Edging 99 $ 7.37 $ 729.63
M694 Rail Stops 2 $ 25.54 $ 5L08
L&T sbelving w/ PTB shelf Open storage 88" high with 7 openings 1 $ 8,519.07 $ 8,519.07
Sub Total $ 30,464.43
. Installation $ 4,975.00
Freight estirriated Free
W A Sales tax 8.6% $ 3,047.79
Total $ 38,487.22
Current LFl
o
Additional LFI
26390
% Growth
TotalLFI
26390
Customer Acceptance:
Date:
This proposal is valid until
Price does include sales tax if applicable
2/5/2007
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BRE-ll06-B-2
Evidence storage
~ 1'5250" H 1'5.250"
~ 6'8.500" , :~ 16'7" ;. ( 9'0.250'
35'2.250" .
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93 1/2"
30 1/4" ~
Double depth open box shelving
Seven '1:l '1/4" openings & top
Particle board shelve:s
Bremerton Police Department
Captain James Burchett
File storage system
Robert Herriford
T AS Northwest
4524 Tacoma Avenue
Sumner, WA 98390
(253) 838-6194 Seattle
[::ST (800) 333-9098 Toll Free
(253) 826-0335 Fax
ALL DESIGNS REPRESENTED BY THIS
DRAWING ARE CONFTDENTIALAND SHOULD
NOT BE DISCLOSED WlTHOUT 'WRlTf'EN
PER1IISSION FROM TAB NORTHWEST
Quot:ltion for Products and Services prepared for:
Captain Jim Burchett
Bremerton Police Department
File storage system
23 9 4th Street
Bremerton, WA 98337
Office
FAX
Email
360-473-5225
3.60-473-5396
james. burchett(cj)cj. bremerton. wa. u s
Date
Quote #
Terms
12/7/2006
BRE-l1 06-A
Net 30%
Delivery 4 Weeks
FOB Point Destination
Ship Via WNW
Unit Extended
Model # Description Quantity Price Investment
M680 Anti-tip track with grout 36 $ 33.61 $ 1,209.96
M915 Anti-tip Brackets 12 $ 37.00 $ 444.00
M614 Particle board deck 162 $ 3.03 $ 490.86
M608 Channels, hrdwr. & grout 162 $ L84 $ 298.08
M610 Threshold 18 $ 8.73 $ 157.14
M618 Vinyl Composition Tile 4 $ 71.56 $ 289.82
M611 Deck end caps 10 $ 6.94 $ 69.40
M3002-108-12.25-** LP fixed carriage 9' x12.25" 2 $ 365.38 $ 730.76
M3000-108-24.25-** LP Movable carriage 9' x "24.25" 6 $ 623.42 $ 3,740.52
M905 Chain Guard covers LP 6 $ .42.01 $ 252.06
M907 Fixed Chain Guard cover LP 1 $ 12.63 $ 12.63
\~J ~;.. SOj~f ,Alt1- M776 Laminated Self edge end panel 12" .2 $ 15L93 $ 303.86
i-~q!(V:j'.l\1'l('7E M778 Laminated Self edge end panel 24" 6 $ 178.71 $ 1,072.26
M643 Laminated Self edge Back panel 3 $ 213.21 $ 639.63
'.' L.GD€. S"Te: N' E.,o; M913 Safety 3"spoke handle 6 $ 71.02 $ 426.12
y~' _1 ,. _...... M612 Carpet Edging 36 $ 7.00 $ 252.00
-I': ~.. (...(1 ~':)' r:/ -"
L&T shelving Open storage 76"high with 7 openings 1 $ 5,730.16 $ 5,730.16
Sub Total $ 16,119.26
Installation $ 2,984.00
Freight Free
W A Sales tax 8:6% $ 1,647.88
Total $ 20,746.14
We are pleased to submit the following quotation
Robert Herriford
TAB Northwest
4524 TaconiaAvenue
Sumner, WA 98390
253/299-7000 Phone
253/826-0335 Fax
800/333-9098 Toll free
rherriford@tabnw.com
Current LFI
5000
Additional LFI
4996
% Growth
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Total LFI
9996
Customer Acceptance:
Date:
This proposal is valid until
Pri ce does include sales tax if appli cable
2/5/2007
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4524 Tacoma Avenue
Sumner, WA 98390
(253) 838-6194 Seattle
(800) 333-9098 Toll Free
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1\1.1. DESIGNS REPRESENTED BY THIS
DRAWING ARE CONfIDENTIAL AND SHOULD
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SUBJECT: AroPtion of a Resolution for Committee Meeting Date: 12/13/06
entry into a change order for the Synergy COUNCIL MEETING Date: 12/20/06
Construction for Harborside Fountain Park Department: Econ. Development
and Heritage Museum and Events Addition. Presenter: Gary Sexton
Phone: 360-473,.5282
SUMMARY: Increase ofthe contract amount for Synergy Construction in the amount of$I,750,000
for the Harborside Fountain Park and Heritage Museum and Events Addition.
ATTACHMENTS: Resolution I ?L;o) C'"o...~T
FISCAL IMPACTS (Include Budgeted Amount): Funding has previously been appropriated in the
2006 and proposed 2007 budget.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
DATE SUBMITTED: 12/06/06
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
# 06 - ;;;l7~
--,
I CONSENT AGENDA JL\f I ~
30 I B,
O.
RECOMMENDED MOTION: Move to approve the Resolution to increase the contract amount for
Synergy Construction for Harborside Fountain Park and Heritage Museum and Events Addition in the
amount of $1,750,000, and authorize the Mayor to finalize the Resolution in substantially the same
form as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
RESOLUTION NO.
30(~
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving entry into change order related
to the Harborside Fountain Park and Heritage Museum and Events
Addition.
WHEREAS, The City and Synergy Construction, Inc. entered into a contract on
December 1, 2005 for the development of Harborside Fountain Park and Heritage Museum and
Events Addition; and
WHEREAS, the parties desire to enter into a change order to the contract in the
amount of$I,750,000 for work to be performed within the scope of the contract; and
WHEREAS, expenditures in the fmm of a change order in the amount of
$1,750,000 for completion of the project are reasonable and necessary; and
WHEREAS, pursuant to Section 2.76.110 of the Bremerton Municipal Code, City
Council must approve change orders of an aggregated value exceeding $200,000 for contracts
greater than $500,000;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON,
WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. A OTJrova I. Pursuant to Bremerton Municipal Code 2.76.110, the
City Council authorizes and approves entry into a change order totaling $1,750,000 for the
Synergy Harborside Fountain Park and Heritage Museum and Events Addition contract
previously entered into on December 1,2005 for work to be performed within the scope of the
contract in order to complete the project.
SECTION 2. Severabilitv. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity ofthe remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremelion, Washington this_
,2006.
CECIL McCONNELL, Council President
1
Harborside Fountain Park
Change Order
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
PAULA JOHNSTON, City Clerk
R:\Legal\Legal\Resolutions\Economic Dcvelopment\Harborside Park Change Orders.doc
2
Harborside Fountain Park
Change Order
GENERAL CONTRACTOR/CONSTRUCTION MANAGER CONTRACT
This CONTRACT made as of the /A.): day of L{u~ ,2005.
BETWEEN the (City)
Ci~r of Bremer ton
345 6th Street, Suite 600
Bremerton W A 98337
And the General Contractor/Construction Manager (GC/C"tv'1)
Synergy Construction, Inc.
14040 NE 181S! Street
Woodinville, Washington 98072
For the following project:
Bremerton Harborside ParklBuilding 50 Museum Renovation
and AdditionlMemorial Plaza
The City and the GC/CM agree as follow:
RECITALS
1. The City will be the owner and/or controls certain real estate located in the City of
Bremerton as described in Exhibit A located east ofPSNS,south of Burwell Street,
north of Sinclair Inlet, and west of the BCT, First Street andPacitic Avenue.
2. The project is development of Bremerton Harborside Park, renovation of Building 50
as a museum with an approximately 12,000 sq. ft. addition and Memorial Plaza as
shown in concept drawing as set forth in Exhibit B.
ARTICLE 1
SCOPE OF WORK
(a) GC/CM shall perform all of the work necessary for the construction of the Project in
accordance with this Contract, the design documents as hereafter approved by the
City, maximum allowable construction cost (MACC) the fixed fee for specified
general conditions attached hereto, and in accordance with applicable building laws
and regulations, safety regulations, and certain governmental regulations, including
compliance with NEP A, Davis-Bacon where applicable, and with State Prevailing
Wages.
(b) Development of Final Plans and Specifications. The GC/CM shall assist, review and
comment in the preparation of Final Plans and Specifications for the Public Structures
1
in accordance with the project. The Final Plans and Specifications will be issued in
phases to correspond with the fast track construction schedule. Critical Path shall be
as approved by the City Director of Economic Development. When the Final Plans
and Specifications and Critical Path have been approved by the City, they shall be
incorporated into this Contract.
ARTICLE 2
TIME OF COMPLETION
The work shall be ready for final inspection and acceptance on a schedule jointly
approved by the parties.
ARTICLE 3
CONTRACT SUM
The City shall pay the developer under this Contract the,Contract Sum of Four Million
Five Hundred Three Thousand Two Hundred Dollars ($4,503,200.00) consisting of a) the
construction costs (excluding the design fees) not to exceed the maximum allowable construction
cost (MACe) in the sum of Three Million Six Hundred Fifty Thousand ($3,650,000.00); b) the
fixed amollilt for the detailed specified general conditions work (attached); and c) bid fee which
is the 4% percentage amount to be earned by the GC/CM as overhead and profit on the actual
construction cost and the fixed amount for general condition work.
ARTICLE 4
PAYMENT OF CONTRACT SUM
(a) Progress Payments. The GC/CM shall submit to the City on or before the last
day of each month a "Project Application for Payment" signed by GC/CM. The Project
Application for Payment shall request payment of a specified dollar amount, using a Schedule of
Values based upon the agreed project schedule. Along with each application for payment to the
City, the GC/CM shall deliver its Conditional Lien Waiver and Indemnity Against Liens. Each
Project Application for Payment shall include a proportionate share of general conditions fee and
overhead and profit percentage fee. The City shall withhold retention in accordance with RCW
60.28.
(b) Payment Procedures. The City shall pay all approved portions of Application for
Payment on or before the last business day of the thirtieth (30) day of the following calendar
month, so long as the City shall have received the Project Application for Payment on or before
the last business day of the preceding calendar month.
(c) Final Payment. Payment of the full Contract Sum shall be due thirty (30) days
after Final Acceptance and Submittal of the Final Application for Payment by GC/CM . The
Application for Final Payment shall include a conditional full and final lien release of all claims.
2
by the GC/CM, along with conditional final lien releases executed by all consultants,
subcontractors, and suppliers.
(d) Interest. Interest shall accrue at the rate of twelve percent (12%) per annum on
any amounts which The City fails to timely pay to GC/CM under the terms and conditions of this
Contract.
ARTICLE 5
CHANGES IN THE WORK
(a) Changes Permitted. The City, without invalidating this Contract, may order
changes in the Work within the general scope of this Contract, consisting of additions, deletions
or other revisions to the Cost of the Work.
ARTICLE 6
GUARANTY BOND
The GC/CM shall furnish a labor and materialmen's bond as required by RCW 39.08.
The GC/CM shall also furnish a bond covering its faithful performance of this Contract and the
payment of all obligations arising thereunder with regard to Publi~_~ork.
ARTICLE 7
CORRECTION OF WORK AND GUARANTY
(a) Correction of Work. If during or after the period of construction the Work or any
portion thereof is found to be defective or not in accordance with the Contract Documents, the
GC/CM shall correct it promptly after receipt of notice from the City to do so unless the City has
previously given the GC/CM written acceptance of such condition with full awareness of such
deficiency or deficiencies. The City shall give such notice promptly after discovery of the
condition and shall confirm any verbal notice with written notice promptly after the verbal
notice. All such defective or nonconforming work shall be corrected or removed from the site, if
necessary, and the Work shall be corrected to comply with the Contract Documents.
(b) Guaranty. The GCICM guarantees the Work for a period of one (1) year after the
Date of Final Acceptance. Extended warranties for such longer period(s) of time as may be
prescribed by the tenus of any applicable special guarantee(s) required by the Contract
Documents shall be provided by the applicable manufacturer, vendor, or subcontractor as
required by the Contract Documents. Any guarantee work shall be done in accordance with the
requirements above as to correction, repair or replacement of work during the construction
period. The GC/CM further represents that the materials and equipment included within the
Work shall be of good quality and new unless otherwise specified or permitted by the Contract
Documents, that the Work will be free from defects not inherent in the quality required or
permitted, and that the Work ,vill be in conformity with the requirements of the Contract
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Documents. Work not in conformity with the above requirements and failure of the Work to be
in compliance with the Final Plans and Specifications may be considered defective. Any claims
made by the City shall be made in writing and within a reasonable period of time after the defect
is discovered.
ARTICLE 8
INSURANCE AND BONDS
(a) Developer's Liabilitv Insurance. The GCICM shall purchase and maintain such
insurance as will protect it from claims set forth below which may arise out of or result from
GCICM's operations under this Contract, whether such operations be by the GCICM, by any
subcontractor, or by anyone directly or indirectly employed by any of them, or by anyone for
whose acts any of them may be liable.
(1) Claims under workers, compensation, disability benefits, and other similar
employee benefit acts;
(2) Claims for damages arising out of bodily injury, occupational sickness or disease,
or death of its employees;
(3) Claims for damages arising out of bodily injury, sickness or disease, or death of
any person other than its employees;
(4) Claims for damages insured by usual personal injury liability coverage which are
sustained by (i) any person as a result of an offense directly or indirectly related to
the employment of such person by Developer, or (ii) any other person;
(5) Claims for damages arising out of injury to or destruction of tangible property,
including loss of use resulting there from, and
(6) Claims for damages because of bodily injury or property damage arising out of
the ownership, maintenance or use of motor vehicles.
(b) Insurance Limits. The insurance required by Subparagraphs (a) (3), (a) (4), (a) (5)
and (a) (6) ofthis Article 8 shall be written for limits ofliability not less than Two Million and
Noll 00 Dollars ($2,000,000.00) combined single limit coverage for bodily injury and property
damage on an occurrence basis. The liability insurance to be carried by GCICM shall be
commercial general liability insurance including the following additional coverages:
(1) Premises and operations (including XCU coverages);
(2) Independent developer's protective, products and completed operations, personal
injury with employment exclusion deleted, contractual coverage, and broad form
4
property damage including completed operation, worker's compensation
insurance and employer's liability insurance.
(3) Enors and omissions insurance.
Evidence of insurance reasonably acceptable to the City (such as celiificates of
insurance) shall be filed with the City prior to commencement of the Work. The GC/CM need
not supply copies of the actual policies. Certificates of insurance shall contain a provision that
coverages afforded under the policies will not be cancelled or materially modified until at least
ten (10) days prior written notice has been given to the City.
ARTICLE 9
MISCELLANEOUS PROVISION
(a) Supervision and Construction Procedure. GC/CM shall supervise and direct the
Work and shall be solely responsible for all construction means, methods, techniques, sequences
and procedures, and for coordinating all portions ofthe Work under this Contract.
(b) Labor and Materials. Unless otherwise specifically noted, the GC/CM shall
provide and pay for (subject to provisions herein relating to payment by the City) all labor,
materials, equipment, tools, construction equipment and machinery, water, temporary heat, heat,
utilities, transportation, and other facilities and services necessary for the proper execution and
completion of the Work. All materials shall be new unless otherwise specified, and all of the
Work will be of good quality, free from faults and defects and in conformance with the Contract
Documents. All work not conforming to these. standards will be considered defective. If
required by the City, and upon its written request therefore made within one (1) year ofthe Date
afFinal Acceptance, the GC/CM shall furnish reasonable evidence as tothe kind and quality of
materials and equipment.
(c) Taxes. The GC/CM shall pay all sales, consumer, use and other similar taxes
required by law, all as part of the Cost of the Work.
(d) Permits and Fees. Unless otherwise provided in the Contract Documents, the
GC/CM shall secure all building permits (except enviromnental permits) and all govenunental
building fees and licenses necessary for the proper execution and completion of the Wark which
are applicable at the date of this Contract.
(e) Notices. The GC/CM shall give all notices and comply with all building laws and
regulations. Ifthe GC/CM observes that any of the Contract Documents are at variance
thereVlfith in any respect, it shall promptly notify the City, in writing, and any necessary changes
shall be adjusted by appropriate modification. In the event that during the performance of this
Contract by the GC/CM there is any change in the applicable building laws and regulations
which are in force as of the date hereof, the GC/CM shall give the City written notice of such
change promptly after the GC/CIvI becomes aware of the promulgation of such new law or
5
regulation. Such notice shall include the GC/CM's estimate of the impact (if any) of such
cl1ange on the Contract Time and the Contract Sum:
(f) Superintendent. The GC/CM shall employ a competent superintendent who shall
be in attendance at the project site at all reasonable times during the progress of the Wark.
(g) Responsibilitv of GC/CM. The GC/CM shall be responsible to the City for the
acts and omissions of all of its employees and all subcontractors, their agents and employees, and
all other persons while perfonning any of the Work under a Contract with the GC/CM.
(h) DrawinQ:s and Specifications at Site. The GC/CM shall maintain at the site for the
City one copy of all drawings, specifications, addenda, approved shop drawings, change orders
and other modifications in good order and marked to record all changes made during
construction. The drawings marked to record all changes made during construction shall be
delivered to the City within ninety (90) days ofthe Date of Final Acceptance.
(i) Cleaning Up. The GC/CM, at all times, shall keep the premises free from
accumulation of waste materials ar rubbish caused by its operatlons. At the completion of the
Work, the GC/CM shall remove all its waste materials and rubbish from and about the project as
well as all of its tools, construction equipment, machinery and surplus materials.
G) Indemnification. The GC/CM shall indemnify, defend and hold harmless the
City, its agents and employees, from and against all claims, damages, losses and expenses,
including reasonable attorneys' fees, arising out of or resulting from the performance of the
Work, to the extent and in the percentage caused by any negligent act or omission of the
GC/CM, any subcontractor, anyone directly or indirectly employed by any of them, or anyone
for whose acts any of them may be liable, and which involves bodily injury, sickness, disease or
death, or injury to or destruction of tangible property (other than the Project itself and its
contents), including the loss of use resulting there from. The City shall indemnify, defend and
hold harmless the GC/CM from and against all claims, damages, losses and expenses, including
reasonable attorney fees arising out of or arising from the City's negligence.
(k) Written Notice. Written notice shall be deemed to have been duly served if
delivered in person to the individual or, if delivered by nationally recognized overnight courier
(such as Federal Express) or sent by registered or celiified mail, to the following address:
If to GC/CM:
Synergy Construction, Inc.
ATTN: Larry Stewart, Executive Vice President
14040 NE 181 st Street
Woodinville, Washington 98072
If to City:
City of Bremelion
345 6th Street, Suite 600
Bremerton W A 98337
A TTN: Gary Sexton
6
or at such other address as the pm1ies may hereafter designate by written notice to the other.
(1) Termination of Contract bv the City. lfthe GC/CM should fail to commence the
Work in accordance with the provisions ofthe Contract Documents or fail to prosecute diligently
the Work to completion in a diligent, efficient, workmanlike, skillful and careful mam1er and in
accordance with the provisions of the Contract Documents, or fail, except in cases of excused
delay, to supply an adequate amount of properly skilled worlu11en or materials or equipment to
complete the Work in accordance with the requirements herein, persistently disregard laws,
ordinm1ces, mles, regulations or orders of any public authority having jurisdiction, or fail to
make prompt payments to its subcontractors, materialmen or laborers, as required by the
appropriate subcontract, except as to claims for payment for material or labor used in the Work,
the validity of which the GC/CM is contesting in good faith by appropriate action diligently
pursued, then the City shall have the right, after giving the GC/CM and its surety, if any,
fourteen (14) days written notice (and failure of the GC/CM to cure or commence to cure with
due diligence such matter within 7 calendar days of receipt of said notice), (i) terminate this
agreement, (ii) take possession of and use all or any part of the GC/CM materials, equipment,
supplies and other property of every kind used by the GC/CM in the performance of the Work
and use such property in the completion of the Work, or (iii) complete the Work in any manner it
deems reasonably appropriate and desirable, including engaging the services of other parties.
Any such act by the City shall not be deemed a waiver of any right or remedy of the City. If after
exercising any such remedy, the reasonable cost to the City of the performance of the balance of
the Work is in excess of that part of the MACC which has not theretofore been paid to the
GC/CM hereunder, the GC/CM shall be liable for and shall reimburse the City for such excess,
on demand.
(m) Inspection. The City and its representative shall at all times have access to the
Work whenever it is in preparation or progress, and the GC/CM shall pennit and facilitate
inspection of the Work by the City, its agents, and public authorities concerned with such work.
(n) Safety Precautions. The GC/CM shall take reasonable precautions for the safety
of its employees on the Work, and shall comply with all applicable provisions offederal, state
and municipal safety laws to prevent accidents or injury to persons on, about or adjacent to the
site ofthe Work. The GC/CM shall erect and properly maintain, at all times, as required by the
conditions and progress of the Work, reasonable safeguards for the protection of workmen and
the public.
(0) Authorized Representatives. Gary Sexton, City Director of Economic
Development, shall be the City's designated representative on the project described in this
Contract, and shall have authority to act or respond on the City's behalf concerning all matters
which require the City's approval, consent, decision or other action under this Contract.
Robeli Walker, shall be the GC/CM representative on said project, and he shall have the
authority to act or respond on the GC/CM behalf concerning all matters which require the
GC/CM 's approval, consent, decision or other action under this. Contract.
7
(p) Authoritv. The respective persons signing this Contract represent and warrant
that they have the power and authority to execute this Contract on behalf of the City or the
GC/CM, as applicable, and to bind the City or the GC/CM. as applicable, herein.
ARTICLE 10
SUCCESSORS
This Contract shall be binding upon and inure to the benefit of the parties hereto and their
respective successors and assigns.
ARTICLE 11
TIME LIMITS AND JURISDICTION
For the convenience of the parties to this Contract it is mutually agreed by the parties that
any claims or causes of action which GC/CM has against the City arising from this Contract shall
be brought within 180 calendar days from the date of final acceptance of this Contract by the
City; and it is further agreed this Contract shall be interpreted and construed in accordance with
the laws of the State of Washington and that any such claims or causes of action shall be brought
only in the Superior Court of Kitsap County. The parties understand and agree that the
GCICM's failure to bring suit within the time period provided shall be a complete bar to any
such claims or causes of action. It is further mutually agreed by the parties that when any claims
or causes of action which GC/CM asserts against the City arising from this Contract are filed
with the City or initiated in comi, GC/GM shall permit the City to have timely access to any
records deemed necessary by the City to assist in evaluating the claims or action. -
ARTICLE 12
PRIORITY OF CONTRACT DOCUMENTS
To the greatest extent possible, the various Contract Documents shall be construed
consistently, so as to complement each other. Any inconsistency between any provision of one of
such documents and another shall be resolved, except as otherwise provided therein, by giving
priority to said documents in the following order:
(i) The Contract (with any exhibits attached) with modifications thereto
of later date having priority of those with earlier dates;
(ii) The Final Plans and Specifications, when approved;
(iii) The Preliminary Plans and Specifications.
The foregoing documents are the Contract Documents.
8
ARTICLE 13
TIME IS OF THE ESSENCE
The GM/CM and the City agree that time is of the essence of this Contract.
ARTICLE 14
ENFORCEABILITY
If any provision of this Contract shall be invalid or unenforceable to any extent, the
remainder of this Contract and the application of such provisions to other persons or
circumstances shall not be affected thereby and shall be enforced to the greatest extent pem1itted
by law.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and
year first above written.
CITY OF BREMERTON
SYNERGY CONSTRUCTION, INe.
By:
Its:
Date:
Cary Bozeman
Mayor -
I J--J --~...!>
Executive Vice President
November 18, 2005
Approved as to FOID1:
/~~~
Bremert City Attorney
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9
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DETAILED SPECIFIED GENERAL CONDITIONS WORK
GENERAL CONDITIONS
SuperintendenUForeman
Project Management
Project Staff - Project Engineer, Contract Admin
Travel/Meals/Lodging
Project Photographs
Postage, Messenger (UPS, etc.)
Reprographic Services
Field Layout
Temp Power Distribution
Temp Power Services
Temp Heat and Ventilation
Temp Tele & Fax with Radios
Water Service
Jobsite Office -setup, clean up
Office Equip & Supplies
Temp Toilets
Dumpsters
Parking/Month/Person
Safety EquipmenUSupplies
Gas & Maintenance
Small Tools
Progressive Clean Up
Final Clean Up
B&O Taxes
Liability Insurance
Contingency/Misc.
Bid Fixed Amount for General Condition Work
BUDGET
$ 230,500.00
$ 81,120.00
$ 76,050.00
$ 10,000.00
$ 1,500.00
$ 500.00
$ 3,500.00
$ 16,000.00
$ 7,500.00
$ 19,500.00
$ 10,500.00
$ 9,500.00
$ 3,600.00
$ 10,800.00
$ 2,250.00
$ 6,500.00
$ 10,350.00
$
$ 9,000.00
$ 5,400.00
$ 12,600.00
$ 65,000.00
$ 7,300.00
$ 25,032.00
$ 23,650.00
$ 32,382.60
$ 680,034.60
GC/CM Overhead
GC/CM Fee
1%
3%
SURFACE. MONUMENT, .,. .'
3" DISK. MARKED "PSNSi.'3"
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ELEV= q8.J4' (PSNS).
N'21o,554.95 '(NAo 8j:-'91":WSP)
E t, 197, 780.55 (NAD 83-'91 WSP)
N 401S.Jo (PSNS~
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. ELEV = 135.88' PSNS)
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ENCASED MONUMENT,
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E 1,197,808.94. (NAo 83-91 WSP)
fh.39. 68'.25 (P.SNS~
E '8901.29 (RSNS
ELE\l = 140.79' PSNS)
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BREMERTti)N HARBORSIDE PARK
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DATE SUBMITTED: December 5, 2006
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
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SUBJECT: Amendment NO.2 to
Professional Services Agreement with Grant-
Solutions for Grant Writing Services
Committee Meeting Date: December 13, 2006
COUNCIL MEETING Date: December 20, 2006
Department: Public Works and
Utilities
Presenter: Dan Miller
Phone: (360) 473-2314
SUMMARY: The City contracted with Grant-Solutions on September 20,2005 in the amount of
$20,000 for limited grant writing services to be performed on a trial basis. Since that time, Grant-
Solution was awarded an Amendment No.1 on April 19, 2006 in the amount of $30,000 to continue
the grant writer services on specific staff approved grants and loans. This Amendment NO.2 in the
amount of $30,000, is to extend Grant-Solution's grant writing services on a "project specific basis" as
directed by staff The requested action before City Council is approval of Amendment No.2 in the
amount of $30,000 to the existing amended Contract with Grant-Solutions for continued professional
grant writing services for an amount not to exceed the amended c~ntract amount of $80,000.
ATTACHMENTS: Council Summary & Amendment No.2 to Professional Services Agreement.
FISCAL IMPACTS (Include Budgeted Amount): The payment of the professional grant writing
services shall be paid for on a "project specific basis". Projects will be initiated "as needed" and
within the Division Managers approved authority requesting such services at the agreed upon hourly
rate in Amendment No.2, Exhibit B.
~------~ /
APPROVALS: (ij 7 i ,! t
1 ~_____..--- j -.""'. /- _ _ ..
DEPARTMENT DIRECTOR\". ..,--'/.,;~ I )~h?/ //I:~..
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
.:>
'\
611
I CONSENT AGENDA lkf I
FISCALIBUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to approve Amendment NO.2 to the existing Professional
Services Agreement with Grant-Solutions for professional grant writing services and authorize the
Mayor to finalize and execute the necessary contract documents for the amended agreement.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
COUNCIL SUMMARY
AMENDMENT No.2
PROFESSIONAL SERVICES AGREEMENT
GRANT-SOLUTIONS
FOR
GRANT WRITING SERVICES
Contract Summary
This Amendment NO.2 establishes the mechanism allowing the City to continue to work
with Grant-Solutions. Grant Solution will support staff directed grants and loans through
December 31,2008.
The work to be completed under this Professional Service.s Agreement, Amendment No.
2 is the identification of grants and loan funds, submittal of applications for identified
funds, and agency follow-up and coordination as required for obtaining said funds. The
work shall be project specific.
Grant-Solutions Performance. Costs and Results Summary,
To date, Grant-Solutions has helped the City amass a grand total of $8.5 million in
received Grants and Loans. See attached Performance, Costs and Results Summary.
Fiscal Summary
Projects will be initiated "as needed" and within the Division Managers approved
authority requesting such services at the agreed upon hourly rate in Amendment No.2,
Exhibit B.
, . ~p~~or;.n~i1rc>et;. <:;'osts and Results Summary'for Grant-Solutions Kathleen Byrn~:Ba~r~~te.~~p~~t'ract. "~.
Application & Department
Applications Completed and Fees Charged to City of Bremerton
o a al 0
GRANT -
SOLUTIONS
OUTCOME
Date
Application Amt Application
Requested Fee Paid
Bonuses
Paid
Results of Proposals and Dollar Amount
Received through GRANT & Loans
PUBLIC WORKS DEPT.
1. Funding Matrix/Retainer 2005 N/A 500 0 $ 500 Boardwalk matrix prepared separately
2. DOE WWTP Design - SRF 2005 $1,000,000 3,000 2,000 $ 5,000 FUNDED 100% $1,000,000
3. CW1 Upgrade (Draft only) 2005 $500,000 2,000 0 $ 2,000 Staff pulled application
4. PSRC - Boardwalk 2005 $1,500,000 4,000 0 $ 4,000 Not selected per Mike Mecham
5. EPA Targeted Brownfields
Assessment 2005 $150,000 1,000 1,500 $ 2,500 FUNDED 100% >$150,000
6. EPA Hazardous Brownfields
Assessment 2005 $200,000 2,250 0 $ 2,250 Proposal will not go forward per EPA
7. EPA Petroleum Brownfields
Assessment 2005 $350,000 2,500 1,750 $ 4,250 FUNDED to $200,000
8. CW1 Upgrade - PWTF May-06 $650,000 1,250 0 $ 1,250 FUNDED 100% to $650,000
9. WWTP Upgrade - PWTF May-06 $3,000,000 2,000 0 $ 2,000 FUNDED 100% to $3,000,000
10.Sheldon Blvd Sewer-PWTF May-06 $300,000 1,000 0 $ 1,000 FUNDED 100% to $300,000
11. Ultraviolet Disinf - DWSRF May-06 $1,000,000 1,250 0 $ 1,250 Will not go forward per DOH
12. 24-ln. TM SR3 - DWSRF May-06 $2,000,000 1,750 0 $ 1,750 Pending results
13. Boardwalk - WWRP Trails Ma -06 $2,000,000 4,000 4,000 $ 8,000 FUNDED 100% to $2,000,000
14. BW-WWRP Local Parks Ma -06 $300,000 2,500 1,750 $ 4,250 FUNDED 100% to $300,000
15. Evergreen - DNR-ALEA May-06 $500,000 2,500 1,750$ 4,250 FUNDED 100% to $500,000
16.DOE Haz 8th Ave(S.Court) November-06 $200,000 2,250 1,500 $ 3,750 Pending application
17.EPA Brownfields Assmts. December-06 $400,000 3,500 1,500 $ 5,000 Pending application
Total $14,050,000 $37,250 $15,750 $53,000 Totalp'ropo~.als'Funded~ '$8.1 :.MILLlON
PARKS DEPARTMENT
1. Blueberry Park IAC-LWCF May-06 $253,000 $ 2,750 $ 1,750 $ 4,500 FUNDED 100% to $202,000
2. DOE LID for Blueberry Park September-06 $195,000 $ 1,000 $ 1,500 $ 2,500 FUNDED 100% to $195,170
Total ,$, 3,750 $3,250 $ 7,000 Total Grants Funded = $397,000
, l~Jf~;,j, ",,, -: Q;,; "".!<;;... f ~"~.: . &00 " ,
" .{,...J~, &.,. :f.;t'i'~'S,t;j;.I\,'f, /; :.iT,>,-t' .
TOT':<<t!.S;:fbr.the*,€ity,:,of:Bremei1on (Pu bl ic
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Total
Charges
$ 41,000 $ 19,000 $58,000
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GBAND:TO",TAt'FlfnCls,.1iO,DATE =
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City of Bremerton
AMENDMENT No.2
PROFESSIONAL SERVICE AGREEMENT
Grant -Solutions
Grant Writing Services
The City ofBremerton (City) and Grant-Solutions (Consultant) desire to supplement the
Professional Services Agreement executed on September 20, 2005, and amended by
Amendment No.1 on April 19, 2006.
All provisions in the amended Agreement remain in effect except as expressly modified
in this Amendment No.2 as follows:
Paragraph II, Term is revised as follows: The Term of this Agreement is extended to
December 31,2008.
Paragraph III, Compensation is. revised as follows: Total compensation under this
Contract is increased $30,000 from the $50,000 previously authorized in Amendment No.
1. Total compensation under this Contract shall not exceed $80,000. The Consultant's
labor rate is modified as set forth in the attached Exhibit B.
In witness whereof, the parties have executed this Amendment No.2 and agree to the
changes as stated above as of ~G::54aLL 20 , 2006.
Grant-Solutions
City of Bremerton
--?~& . ~~? . i;~-
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KatWeen Byme-Barrantes
Sole Proprietor
Cary Bozeman
Mayor
DEPARTMENT APPROVAL
Phil Williams
Director, Public Works & Utilities
APPROVED AS TO FORM:
Ken Bagwell
Assistant City Attorney
EXHIBIT B
COMPENSA TION
The Exhibit B: Compensation, Costs, and Method of Payment, under
Section A of the Agreement remains the same with the following
modifications:
CHANGE the following under Section A. Item 2, Payment Schedule as follows:
2. "If the consultant is tasked... cost are payable at $70 per hour."
>>
ADD the following under Section A. Item 4, Payment Schedule as follows:
,
4. "Payment for Grant or Loan applications shall be paid in accordance
with the original schedule. Payment for additional grant writing services
shall be paid by the Public Works and Utilities specific project(s) where
funding will be obtained."
/
SUBJECT: To purchase emegergency
generators for Fire Stations #2 & #3 through
the state bid process
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Pho :
to 0- 11-
-- --""'~>..,,=;<--"=-
1
DATE SUBMITTED: 12-5-06
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
......................................................................
SUMMARY: This is to purchase generators, including transfer switch s for Fire Stations #2 & #3,
and a transfer switch and quiet enclosure for Fire Station #lin the a unt of $ 93,338.76. Fire Station
#1 will use the generator from the Wastewater Treatment plant at a ost saving of approximately
$30,000. All items are on the State of Washington bid list. Purch e now will save a 5% increase with
installation will be accomplished in 2007.
A TT ACHMENTS: See summary sheet and state bid list, ummins Northwest LLC
L'O)
I CONSENT AGENDA ~I f)IJ
FISCAL IMPACTS (Include Budgeted Amount): Bo
APPROVALS: (",;
DEPARTMENT DIRECTOR: j ,,:,..::::'~G::~_.
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTI Move to approve the purchase of two generators and associated
equipment from Cummins orthwest LLC.
COUNCIL ACTION 0 Approve 0 Deny 0 Table
o Continue 0 No Action
plNl(~
DATE SUBMITTED: December 6,2006
AGENDA BILL
CITY OF BREMERTON JP 06 .- 2 60
CITY COUNCIL
5i Sf
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SUBJECT:
Amendment to Communications Tower
Lease Agreement wi~ SfV'; v\.-t
Committee Meeting Date: December 13, 2006
COUNCIL MEETING Date: December 20, 2006
Department: PW & Util
Presenter: Paul Lucas, Admin
Manager
Phone: 2328,
SUMMARY: The City currently has a lease with SPRINT for the Anderson Creek antenna site. The
attached amendment is to allow SPRINT to modify the site by replacing the current equipment
containers with new ones and extending the concrete slab to accommodate the upgrades.
ATTACHMENTS: Proposed Lease Amendment
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
""'"
Q
I CONSENT AGENDA.:lZIj
RECOMMENDED MOTION: Move to approve the amendment to the current telcommunications
facilities lease agreement with SPRINT and authorize the Mayor to execute the agreement in
substantially the same form as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
FIRST AMENDMENT TO
TELECOMMUNICATIONS FACILITIES OPTION AND LEASE AGREEMENT
This First Amendment to Telecommunications Facilities Option and Lease Agreement
("Amendment") is made and entered into as of the _ day of , 2006
("Effective Date"), by and between STC Five, LLC, assignee of Sprint Spectrum, L.P. (assignee
of Qwest Wireless, LLC, successor in interest to US Wireless) ("Lessee") by and through its
attorney in fact, Global Signal Acquisitions II LLC and City of Bremerton, State of Washington
(collectively, the "Lessor"), for the benefit of Sprint (hereinafter "Subtenant").
RECITALS
WHEREAS, Lessee leases from Lessor a portion of certain real property (hereinafter the
"Site") located at 3000 Block Highway 16 SW, Port Orchard (Kitsap County), W A (hereinafter
the "Property") pursuant to that certain Telecommunications Facilities Option and Lease
Agreement dated April 30, 1998 (the hereinafter "Agreement"); and
WHEREAS, Lessee desires to obtain Lessor's consent to a reconfiguration by Subtenant
whereby Subtenant will replace a portion of its equipment installed at the Site with a 11 'x20'
equipment shelter (the "Reconfiguration") the execution of the Sublease and the use of the Site
by Subtenant, pursuant to which the Subtenant will utilize and occupy certain space within the
Site and on the telecommunications tower facility constructed thereon for the installation,
operation, maintenance, removal and replacement of certain equipment thereon.
OPERATIVE PROVISIONS
NOW THEREFORE, in consideration of $10 and the mutual covenants and conditions
contained herein and for other good and valuable consideration, the receipt and sufficiency
which is hereby acknowledged, the parties hereby agree as follows:
1. Lessor hereby gives, grants and acknowledges Lessor's consent to the Reconfiguration.
2. Lessor shall cooperate with Lessee and agrees to execute any necessary applications,
documents or materials as may be required or requested by Lessee to obtain building, permitting,
zoning or land-use permits or other approvals (hereinafter "Approvals") from all appropriate
local, state and/or federal agencies. Lessor does hereby authorize Lessee, its agents, employees
or representatives, to prepare, file, and submit on behalf of Lessor all applications or consents for
such Approvals.
3. The parties hereby agree and acknowledge that all notices provided pursuant to the
Agreement shall also be sent to the following address:
Garst City lease amendment
If to Lessee:
STC Five, LLC
C/o Global Signal Acquisitions II LLC
Attn: Lease Administration
301 North Cattlemen Drive, Suite 300
Sarasota, FL 34232
5. All capitalized terms not defined herein shall have the meanings given such terms in the
Agreement. The Agreement, as altered and modified herein, remains in full force and effect and
is hereby restated, ratified and confirmed in accordance with its original terms, as amended
hereby. Nothing herein shall represent a waiver of any term, condition or covenant of the
Agreement, nor preclude either party from requiring strict performance with the terms and
conditions of the Agreement at any time in the future.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the
day and year first above written. 0
LESSEE:
STC Five, LLC
By: Global Signal Acqui;itions IT LLC
Its: Attorney in Fact
By: Global Signal Services LLC,
Its Manager
By:
Name: Jason Catalini
As Its: Senior Director, Real Estate
[Seal]
LESSOR:
City of Bremerton
By:
Its:
Garst City lease amendment
DATE SUBMITTED: December 6, 2006
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Jr06-2gj
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Committee Meeting Date: December 13, 2006
COUNCIL MEETING Date: December 20, 2006
Department: PW & Util
Presenter: Paul Lucas, Admin
Manager
Phone: 2328.,
SUMMARY: Clearwire US LLC wishes to co-locate on the 3027 Olympus Drive tower. The tower
is jointly owned by SPRINT and the City ofBremerton. As required by our current lease with
SPRINT, any co-locates must be approved by SPRINT and the City utilizing a new lease agreement.
Clearwire has obtained permission from SPRINT and, if approved by the City, will pay the City
$1200.00 per month for the co-location. The lease agreement is for a five year term with two five
year renewal terms included.
SUBJECT:
Communications Tower Lease Agreement
w i ~ C-l-eaY' w' \ V'<. u..St... L.. t....
ATTACHMENTS: Proposed Lease Agreement
FISCAL IMPACTS (Include Budgeted Amount): None
APPRO V ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
. ~.
I CONSENT AGENDA ~ I
RECOMMENDED MOTION: Move to approve the Communications Tower Lease Agreement
with Clearwire US LLC for a five year term with two additional five year renewal terms and authorize
the Mayor to execute the agreement in substantially the same form as presented.
COUNCIL ACTION: 0 Approve D Deny D Table
D Continue D No Action
TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a
municipal corporation duly organized and existing under the laws of the State of Washington, as
Lessor (hereinafter referred to as "City") and Clearwire US LLC (hereinafter referred to as
"Lessee").
WIT N E SSE T H:
1. PREMISES. The City leases to the Lessee real property located at 3027
Olympus Drive, Bremerton, W A 98310 for housing, installing, constructing, operating and
maintaining certain telecommunications facilities, legally described and/or depicted in Schedule
A ("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations,
terms and conditions specified in this Telecommunications Facilities Lease Agreement
(hereinafter referred to as "Lease").
2. DEFINITIONS. For the purpose of this Lease, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings:
"Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms; partnerships, limited liability companies and individuals and
includes their lessors, trustees and receivers;
"Public street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,
dedicated or devoted to highway purposes, including forest access roads;
"Public way" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter owned by the City, but only to the extent of the City's right,
title, interest or authority to grant a permit or lease to occupy and use such streets and easements
for telecommunications facilities;
"Telecommunications carrier" means and includes every person that directly or
indirectly owns, controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering telecommunications service;
"Telecommunications facilities" means the plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment
storage structures and other appurtenances used or to be used to transmit, receive, distribute,
provide, house or offer telecommunications services;
Clearwire Site WA-KIT411-A Olympus
City of Bremerton Lease Agreement 11.29.2006
1
"Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
"Telecommunications service" means the providing or offering for rent, sale or lease, or
in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium.
"Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications
facilities.
3. USES AND PURPOSES. Lessee shall have the use and occupancy of the
Premises for the purpose of transmission and reception of telecommunication and signals in any
and all frequencies using real property and telecommunications facilities approved in Schedule
A. Lessee shall be responsible for adherence to all federal, state and local regulations pertaining
to the operation of a communications facility.
Lessee shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A after obtaining
required permits and as approved by City on the Site Plan. (Schedule A is not attached)
City shall provide Lessee access to the Premises at all times adequate to service the
Premises and the telecommunication facilities at all times during this Lease. Lessee agrees to
provide the City with a scheduling outlining the frequency of required visits (e.g., quarterly
maintenance check, monthly site cleanup, etc.)
Lessee shall provide the City with a list of all authorized individuals who will have access
to the Premises. Notification of changes to the list shall be provided to the City within 24 hours
by telephone or fax from the point of contact identified in Section 41 (G), which notice shall be
followed by written notification pursuant to Section 41 (G). Lessee shall be responsible for
conducting appropriate background checks of all of their employees.
Employees visiting the Premises shall be clearly identifiable as employees of the Lessee
either by uniform identification badge or marked company vehicle.
4. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude
the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or
other persons for telecommunications or any other purpose.
5.
TERM OF LEASE. This Lease shall be valid for a term of five (5) years
and terminating
commencmg
Clearwire Site WA-KIT411-A Olympus
City of Bremerton Lease Agreement 11.29.2006
2
Lessee shall have the option of renewing this lease for additional five (5) year periods up to a
total often (10) years. Notice of renewal must be received by the city within six (6) months of
expiration of each five (5) year term.
6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in
the City property, but shall be deemed the right only to use and occupy the City property for the
limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any
warranty of title.
7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the
City may enter into leases with other tenants for their equipment and telecommunications
facilities for the purposes of transmitting and receiving telecommunication signals from City
property. The City, however, is not in any way responsible or liable for any interference with
Lessee's use of the City property which may be caused by the use and operation of any other
tenant's equipment, even if caused by new technology. In the event that any other tenant's
activities interfere with the Lessee's use of the City property, and such use or operation was not
in existence on the date of execution of this Lease,. and the Lessee cannot resolve this
interference with the other tenants, the City will, upon written request by Lessee, cause such
interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the
interference problem cannot be cured, this Lease may be terminated by the City pursuant to
Sections 34 and 35. The Lessee shall cooperate with all other tenants to identify the causes of
and work towards the resolution of any electronic interference problem. In addition, the Lessee
agrees to eliminate any radio or television interference caused to City-owned facilities or
surrounding residences at Lessee's own expense and without installation of extra filters on City-
owned equipment. Lessee further agrees to accept such interference as may be received from
City operated telecommunications or other City facilities located upon the City property subject
to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section
10.B.
8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,
landscaping and all other improvements, except telecommunications facility, shall become the
property of the City upon expiration or termination of the Lease. In the event that the City
requires removal of such improvements after termination of the Lease, such removal shall be
accomplished at the sole expense of the Lessee and completed within 30 days after receiving
notice from the City requiring removal of the improvements. Additional time may be granted
upon the discretion of the City which approval shall not be unreasonably withheld. In the event
that telecommunications facilities or other equipment are left upon City property after expiration
or termination of the lease, they shall, at the City's option, ifnot removed by the Lessee upon 30
days written notice from the City, be removed and stored at the expense of Lessee. Stored
telecommunications facilities that are not claimed by the Lessee within six (6) months from
termination of the Lease shall become the property of the City.
9. CANCELLATION OF LEASE BY LESSEE.
Clearwire Site WA-KIT411-A Olympus
City of Bremerton Lease Agreement 11.29.2006
3
A. All Leases are contingent upon the Lessee obtaining all necessary permits,
approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain
all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in
any rents paid, without further obligation by giving 30 days prior written notice to the City.
Lessee agrees to restore City property to original condition if cancellation is requested.
B. In the event that the holder of a Lease determines that the City property is
unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180
days written notice to the City. However, no prepaid rent shall be refundable; except in the event
any changes occur with respect to the City's use of the property subsequent to the effective date
of this Lease (including but not limited to additional Lessees as permitted by the City) and such
changes result in the property becoming unsuitable for Lessee's intended purpose.
10. COMPENSATION TO THE CITY.
A. This Lease is subject to the City's right, which is expressly reserved, to
annually fix a fair and reasonable compensation to be paid for the rights granted to the Lessee;
starting on the Commencement Date and on the .first day of each month thereafter during the
term of the Lease, Lessee shall pay rent at a rate of One Thousand Two Hundred and No/lOa
Dollars ($1,200.00) per month, prorated for any partial months. Substantial expansion of the
initial configuration contained in Schedule Awill result in review and possible re-negotiation of
the rental rate contained herein.
At the beginning of each. successive year thereafter, the monthly rent shall automatically
be adjusted based upon theCPI for all urban consumers, Seattle-Tacoma index (1982-84=100) as
published by the Bureau of Labor Statistics for the last month for which statistics are posted prior
to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual
rent increase by more than five (5) percent per year above the annual rent for the preceding year.
Any payments received after the due date shall include a late payment penalty of 2% of
the annual rental fee for each day or part thereof past the due date.
B. Additional Consideration. City shall be allowed, at City's sole expense, to
attach City's communication antennas to Lessee's telecommunications tower provided City first
obtains Lessee's prior written consent for such attachments. Such consent shall not be
unreasonably withheld. Lessee's approval for said attachments shall be contingent upon
determining whether Lessee's tower is properly engineered to accommodate City's antenna
system and such transmission shall not result in any impairment or diminution in the quality of
Lessee's service. Further, said approval shall be given only after Lessee has reviewed and
approved City's engineering plans for said antenna attachments in a location specified by Lessee.
Approval shall not be unreasonably withheld. Upon written approval by Lessee, said
attachments shall be installed by qualified licensed contractors and in accordance with Lessee's
directives for the method of installment and with permits issued by all applicable governmental
authorities having jurisdiction which shall first be obtained by City at its sole expense. City
Clearwire Site W A-KIT411-A Olympus 4
City of Bremerton Lease Agreement 11.29.2006
acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s)
to accommodate modifications required for Lessee's future system requirements, provided such
relocation shall provide equivalent quality of service after such relocation.
C. Rent Adjustment. On the fourth annual anniversary date of the Commencement
Date of the Lease ("Rent Adjustment Date") the City may adjust the rent due under the Lease in
accordance with the following procedure:
If the City chooses to adjust the rent, the Rent for the remainder of the Lease term
commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term
"Fair Market Rental Value" shall be the rental rate that comparable space for a wireless
telecommunications facility (in terms of quality oflocation for a similar facility in a similar
location) would command on the open market at the time of Rent Adjustment Date. Such
amount shall be determined jointly by the City and Lessee through good faith negotiations. If the
City determines that a rent adjustment is warranted, it shall so notify Lessee in writing no earlier
than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than one
hundred twenty (120) days prior to such date of the rental amount it proposes to commence on
that date. Lessee shall respond in writing no later than thirty (30) days from receipt ofthe City's
notice by accepting the proposed rent amount or ifit determines that the proposed rent is
unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter
make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty
(30) days after receipt by the City of Lessee's proposed rent adjustment.
D. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee
rent for co-location on Lessee's tower.
11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a
new lease application and Lease shall be required of any telecommunications carrier or other
entity that desires to expand, modify, or relocate its telecommunications facilities or other
equipment located upon City property. If ordered by the City to locate or relocate its
telecommunications facilities or other equipment on the City property, the City shall grant a lease
amendment without further application.
12. RENEW AL APPLICATION. A Lessee that desires to renew its Lease under
this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days
before expiration of the current Lease, file an application with the City for renewal of its Lease
which shall include the following:
A. Any information required by the City of Bremerton;
B. Any additional information required based upon elements of the current
Lease agreement between the City and the Lessee;
C. All deposits or charges required pursuant to City ordinances;
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City of Bremerton Lease Agreement 11,29,2006
D. A non-refundable application fee in the amount of Five Hundred and
Noll 00 Dollars ($500.00).
The City reserves the right to extend the review period for the renewal application if
additional information is required.
13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the
Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has
been approved by the City.
14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to
substantially expand the initial configuration contained in Schedule A, Lessee will submit a new
application.
15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
rights hereunder are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate
or maintain its telecommunications facilities so as to unreasonably interfere with the use of the
public ways by the City, by the general public or by other persons authorized to use or be present
in or upon the public ways. All such facilities which interfere with public ways shall be moved
by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public
Works and Utilities Director.
17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required
under the circumstances, provided the Lessee shall notify the City as promptly as reasonably
possible, before such repair or emergency work commences or as soon thereafter as possible if
advance notice is not practicable.
18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal,
state and local requirements. Lessee shall not permit waste, damage, or injury to the premises
including any City property, public ways of the City, other ways or other property, whether
publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any
chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site
access to City. City shall have the exclusive right to inspect the Lessee's telecommunications
facilities and equipment at any time during the term of this Lease to ensure compliance with the
terms and conditions herein; Provided, however, Lessee has the right to be present at all
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6
inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee
at least 24 hours prior notice of such intent.
19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well
as current sign age on telecommunication facilities identifying Lessee, address and a 24 hour
phone number. Signage shall be posted and clearly visible at all times.
20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred
eighty (180) days following written notice from the City, the Lessee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways or upon City property whenever the City
Public Works & Utilities Director shall have determined that such removal, relocation, change or
alteration is reasonable necessary for:
A. The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways; and
B. The operations of the City or other govetnmental entity in or upon the
public ways.
Additional time for removal or relocation may be granted at the discretion of the City
which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon
request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by
the City.
21. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days
following written notice from the City, Lessee or any person who owns, controls or maintains on
behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances
within the public ways or real property ofthe City shall, at its own expense, remove such
facilities or appurtenances from the public ways or property of the City. A telecommunications
system or facility is unauthorized and subject to removal in the following circumstances:
A. Upon expiration or termination ofthe Lessee's Lease without approved
extension or renewal;
B. Upon abandonment of a facility within the public ways or real property of
the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after
expiration or termination of the Lease;
c. If the system or facility was constructed or installed without the prior grant
of a Lease;
D. If the system or facility was constructed or installed without the prior
issuance of a required City permits; and
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City of Bremerton Lease Agreement 11.29.2006
E. If the system or facility was constructed or installed at a location not
permitted by the Lease.
Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways
or property of the City to abandon such facilities in place. No facilities of any type may be
abandoned in place without the express written consent of the City. Any plan for abandonment
or removal of a Lessee's facilities must be first approved by the Public Works and Utilities
Director, and all necessary permits must be obtained prior to such work. Upon authorized
permanent abandonment of the property of such persons in place, the property shall become that
of the City, and such persons shall submit to the City an instrument in writing, to be approved by
the City Attorney, transferring to the City the ownership of such property in which event, Lessee
shall have no further obligations or liability with respect to such property or facilities. The
provisions of this Section shall survive the expiration, revocation, or termination of the Lease
granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such
facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and
all costs incurred by the City for facilities removal.
22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City
retains the right and privilege to cut or move any telecommunications facilities located within the
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result of the City's actions under this
Section.
23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the
willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall
not be liable for any damage to or loss of any telecommunications facility upon City property or
within the public ways of the City as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling, or work of any kind on such City
property or within the public ways by or on behalf of the City.
24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A. When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways on City property, or when Lessee, or any person acting on
its behalf damages any public ways, other ways or City property, it shall, at its own expense,
promptly remove any obstructions therefrom and restore such ways or property to City
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~
construction standards as adopted before the work was undertaken, unless otherwise directed by
the City. Lessee shall obtain all requisite permits for such work.
B. If weather or other conditions do not permit the complete restoration
required by this Section, the Lessee shall temporarily restore the affected ways or property. Such
temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
C. The Lessee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as required for the safety of all
members ofthe general public and to prevent injury or damage to any person, vehicle or property
by reason of such work in or affecting such ways or property.
D. The Public Works and Utilities Director shall be responsible for inspection
and final approval of the condition of the public ways, other ways, and City property following
any construction and restoration activities therein. Further, the provisions of this Section shall
survive the expiration, revocation, or termination of this Lease.,
25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps
accurately reflecting the horizontal and vertical location and configuration of all of its
telecommunications facilities within the public ways and upon City property. The Lessee shall
provide the City with updated maps upon request by the City.
26. BOOKS, RECORDS AND MAPS. All books, records, maps and other
documents, maintained by the Lessee with respect to its telecommunications facilities within the
public ways and upon City property shall be made available for inspection by the City at
reasonable times and intervals; Provided, however, that nothing in this Section shall be construed
to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this
Section be construed to require the Lessee to disclose proprietary or confidential information
without adequate safeguards for its confidential or proprietary nature.
27. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right,
with prior City approval, to sublet the premises consistent with this Lease; provided:
A. The Lessee shall furnish the City with a copy of any such proposed lease
or agreement between the Lessee and its sub-lessee;
B. The sub-lessee has complied, to the extent applicable, with the
requirements contained in this Lease;
C. The Lessee owns and/or controls the tower facility located on City
property;
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City of Bremerton Lease Agreement 1] .29.2006
9
D. The City and Lessee shall agree upon additional rental fee for sub-lessee
hook-ups pursuant to Section 10.D.
The City encourages co-location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub-leases.
28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall
cooperate with Lessee in obtaining utility service.
29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property, excise leasehold, business and occupation,
and/or other taxes or licenses which may in the future be assessed as a direct result of the
Lessee's operations at the telecommunications facilities described herein.
30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain
the following liability insurance policies insuring both the Lessee and the City, and its elected
and appointed officers, officials, agents, employees, representatives, engineers, consultants, and
volunteers against claims for injuries to persons or damages to property which may arise from or
in connection with the exercise of the rights, privileges, and authority granted to the Lessee:
A. Comprehensive general liability insurance, written on an occurrence basis,
with limits not less. than: .
(1) $2,000,000.00 for bodily injury or death to each person;
(2) $2,000,000.00 for property damage resulting from anyone
accident; and
(3) $2,000,000.00 for all other types ofliability.
B. Automobile liability for owned, non-owned and hired vehicles with a limit
of $2,000,000.00 for each person and $2,000,000.00 for each accident;
C. Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.00;
D. Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than $2,000,000.00;
E. The liability insurance policies required by this Section shall be
maintained by the Lessee throughout the term of the Lease, and such other period of time during
which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its
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CityofBremerton Lease Agreement] 1.29.2006
telecommunications facilities. The Lessee shall provide an insurance certificate, together with an
endorsement designating the City, and its elected and appointed officers, officials, agents,
employees, representatives, engineers, consultants, and volunteers as additional insureds, to the
City prior to the commencement of any work or installation of any facilities pursuant to said
Lease. Any deductibles or self-insured retentions must be declared to and approved by the City.
Payment of deductibles and self-insured retentions shall be the sole responsibility of the Lessee.
The Lessee's insurance shall be primary insurance as respects the City, its officers, officials,
employees, agents, consultants, and volunteers. Any insurance maintained by the City, its
officers, officials, employees, consultants, agents, and volunteers shall be in excess of the
Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) days
advance notice of cancellation of any coverages required in 30.A. above;
F. Within thirty (30) days after receipt by the City of said notice, and in no
event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall
obtain and furnish to the City replacement insurance policies meeting the requirements of this
Section.
31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against
the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and
elected officers, employees, agents and volunteers from and against any and all liability, loss,
costs, damage, and expense, including costs and attorney fees in defense thereof, and including
claims by the Lessee's own employees to which the Lessee might otherwise be immune under
Title 51 RCW, because of actions, claims or lawsuits for damages resulting from personal or
bodily injury, including death atany time resulting therefrom, sustained or alleged to have been
sustained by any person or persons, and on account of damage to property, arising or alleged to
have arisen directly or indirectly out of or in consequence of the performance of this Agreement,
whether such injuries to persons or damage to property is due to the negligence of the Lessee, its
agents, employees, representatives or assigns. This provision shall be inapplicable to the extent
such damage or injury is judicially found to be caused by the sole negligence of the City. This
provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated
by the parties.
Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of-
way, easements, and property from activities conducted by the City, its officers, employees,
agents, and volunteers. The Lessee releases and waives any and all claims against the City, its
officers, employees, agents, and volunteers for damage to or destruction ofthe Lessee's facilities
except to the extent any such damage or destruction is caused by the willful and malicious action
of the City, its officers, employees, agents, or volunteers.
32. CONSTRUCTION AND COMPLETION BOND. A performance bond written
by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of
constructing the Lessee's telecommunications facilities within the public ways of the City or
upon City property shall be deposited in the event construction is commenced.
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11
A. Except as provided below, the construction bond shall remain in force
until 60 days after substantial completion of the work, as determined by the City, including
restoration of public ways and other property affected by the construction.
B. The construction bond shall guarantee, to the satisfaction of the City:
(1) Timely completion of construction;
(2) Construction in compliance with applicable plans, permits,
technical codes, and standards;
(3) Proper location of the facilities as approved by the City;
(4) Restoration of the public ways and other public or private property
disrupted, damaged, or otherwise affected by the construction. The
construction bond shall warrant said restoration work for a period
of 1 year;
(5) The submission of 'as-built' drawings after completion of the work
as required by this Chapter; and
(6) Timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a
Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease,
merger, consolidation or other act ofthe Lessee, by operation oflaw or otherwise, without the
prior written consent of the City, which consent shall not be unreasonably withheld or delayed,
except as expressed by ordinance and then only on such reasonable conditions as may be
prescribed therein.
A. No Lease shall be assigned or transferred in any manner within twelve
(12) months after the initial grant of the Lease, unless otherwise provided.
B. Absent extraordinary and unforeseeable circumstances, system or integral
part of a system shall be assigned or transferred before construction of the telecommunications
facility has been completed.
C. The Lessee and the proposed assignee or transferee of the system shall
provide and certify the following information to the City not less than sixty (60) days prior to the
proposed date of transfer:
(1) Complete information setting forth the nature, terms and condition
of the proposed transfer or assignment;
Clearwire Site W A-KIT411-A Olympus
City of Bremerton Lease Agreement 1'1.29.2006
12
(2) All information required of a lease applicant with respect to the
proposed transferee or assignee;
(3) Any other information reasonably required by the City; and
(4) An application fee.
D. No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial, and other requisite qualifications to own, hold and operate the
telecommunications facility pursuant to this Lease.
E. Unless otherwise provided in this Lease, the Lessee shall reimburse the
City for all direct and indirect costs and expenses reasonably incurred by the City in considering
a request to transfer or assign this Lease. No approval shall be deemed approved until all such
costs and expenses have been paid.
F. Any transfer or assignment of the lease, system, or integral part of a
system without prior written approval of the City under this Section or pursuant to the Lease
shall be void and is cause for revocation of the lease.
G. Lessee shall make no assignment or transfer of this Agreement without
obtaining the written consent of Lessor, which consent shall not be unreasonably withheld.
34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions
which singularly or collectively result in a change of 50% or more of the ownership or working
control of the Lessee, of the ownership or working control ofthe telecommunications facility, of
the ownership or working control of affiliated entities having ownership or working control of
the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the
Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an
assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions
between affiliated entities are not exempt from City approval. The Lessee shall promptly notify
the City prior to any proposed change in, or transfer of, or acquisition by any other party of
control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's
company shall cause a review of the proposed transfer. In the event that the City adopts a
resolution or other appropriate order denying its consent and such change, transfer or acquisition
of control has been effected, the City may cancel the Lease. Approval shall not be required for
mortgaging purposes or if said transfer is from the Lessee to another person or entity controlling,
controlled by, or under common control with the Lessee.
35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the
City to use or occupy public ways of the City or City property may be terminated for the
following reasons:
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City of Bremerton Lease Agreement 11.29.2006
13
A. Lessee's construction or operation in the City or in the public ways of the
City or upon City property without proper City authorization;
B. Lessee's construction or operation at an unauthorized location;
C. Unauthorized substantial transfer of control of the Lessee;
D. Unauthorized assignment of Lease;
K Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a
substantial interest therein;
F. Misrepresentation by or on behalf ofthe Lessee in any application or
written statement upon which the City relies in making the decision to grant, review or amend
said Lease;
G.
City property;
Abandonment of telecommunications facilities in the public ways or upon
H.
Failure to relocate or remove facilities as required in this Lease;
I.
Failure to pay taxes, compensation, fees or costs when and as due the City;
J.
Insolvency or bankruptcy of the Lessee;
K.
Failure to construct or operate in accordance with approved permits; and
L.
Violation of any material provision or term of this lease.
36. NOTICE AND DUTY TO CURK In the event that Lessee is in violation of or
defaults under the provisions ofthe Lease, the Lessee shall be given written notice ofthe
apparent violation, default or non-compliance, providing a short and concise statement of the
nature and general facts of the violation, default or non-compliance, and providing the Lessee a
reasonable period of time not exceeding 30 days to cure the violation.
37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If
the City Council determines that a Lessee willfully violated or failed to comply with any of the
provisions ofthis Lease after notice is given the Lessee by the City under the provisions of this
Lease, then the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked
or annulled by the City. The City may elect, in lieu of the above and without any prejudice to
any of its other legal rights and remedies, to pursue other remedies and to recover damages and
costs incurred by the City by reason of the Lessee's failure to comply.
Clearwire Site WA-KIT411-A 01ympus
City of Bremerton Lease Agreement I] .29.2006
14
38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at
least 24 hours prior to entering private property or streets or public easements adjacent to or on
such private property to perform permitted new construction or reconstruction, a notice
indicating the nature and location of the work to be performed shall be physically posted, at no
expense to the City, upon the affected property by the Lessee. A door hanger may be used to
comply with the notice and posting requirements of this Section. The Lessee shall make a good
faith effort to comply with the property owner/resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles and
existing cable paths), consistent with sound engineering practices. Provided, however, that
nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon
the property or premises of another.
39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable
federal, state, and local safety requirements shall, at all times, employ ordinary care and shall
install and maintain and use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All
structures and all lines, equipment and connections in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at
all times be kept and maintained in a safe, suitable condition, and in good order and repair.. The
City reserves the general right to see that the telecommunications facility of the Lessee is
constructed and maintained in a safe condition. If a violation of the National Electrical Safety
Code or other applicable regulation is found to exist by the City, the City will, after discussions
with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the
repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from the Lessee.
40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the
City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
41. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B. The substantially prevailing party in any litigation arising hereunder shall
be entitled to its reasonable attorney's fees and court costs, including appeals, if any.
C. Each party agrees to furnish the other, within ten (10) days after request,
such truthful estoppel information as the other may reasonably request.
D. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
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City of Bremerton Lease Agreement 11.29.2006
representations or understandings of any kind not set forth herein. Any amendments to said
Lease must be in writing and executed by both parties.
E. If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker.
F; If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
G. Any notice or demand required to be given herein shall be made by
certified or registered mail, return receipt requested, to the address of the respective parties set
forth below:
If to Lessor, to: If to Lessee, to: With a copy, to:
City of Bremerton Clearwire US LLC Clearwire US LLC
Attn: Public Warks & Utilities Attn: Site Property Manager Attention: Legal Department
Administrative Manager 5808 Lake Washington Blvd NF;, 5808 Lake Washington Blvd NE,
3027 Olympus Drive Suite 300 Suite 300
Bremerton, W A 98310-4799 Kirkland, W A 98033 Kirkland, W A 98033
Telephone: 425-216-7600 Telephone: 425-216-7600
Fax: 425-216-7900 Fax: 425-216-7900
The individuals identified in this paragraph shall be the specific point of contact for each party
regarding all topics. Any change to this point of contact shall be delivered to the other party in
writing by certified or registered mail, return receipt requested. All payments will be sent to the
above address.
42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection
Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April 15-
October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those
allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest
land activities and provides daily IFPLs via telephone and the internet.
43. NONDISCRIMINATION. Lessee 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.
CLEARWIRE US LLC, a Nevada limited
liability company
Clearwire Site WA-KIT411-A Olympus
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16
Date:
Date:
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
II
II
Clearwire Site WA-KIT411-A Olympus
City of Bremerton Lease Agreement 11.29.2006
John A. Storch
By:
Its: Vice President, Network Deployment
CITY OF BREMERTON
CAR Y BOZEMAN, Mayor
17
State of Washington
)
)
)
ss.
County of King
On this day of ,20, personally appeared John A. Storch
to me known to be the VP Network Deployment ofClearwire US LLC, a Nevada limited liability
company, that executed the within and foregoing instrument, and acknowledged said instrument
to be the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that he/she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of
Residing at
My commission expires:
State of Washington
)
)
)
ss.
County of Kitsap
On this day of ,20_, personally appeared Cary Bozeman
to me known to be the Mayor ofthe City of Bremerton, a municipal corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of Washington
Residing at
My commission expires:
Clearwire Site WA-KIT411-A Olympus
City of Bremerton Lease Agreement 11.29.2006
SCHEDULE A
18
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Tower Equip. 126' 3 Radio Wave SD26120 Panel Antenna
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Tower Equip. 130' 2 HPLP1-23 Microwave antenna
Tower Equip. 130' 1 PX2F-52 Microwave antenna
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City of Bremerton Lease Agreement 11.29.2006
19
DATE SUBMITTED:
BILL# 06- J8:L
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
6k
~
........................................................................................
SUBJECT: Ordinance No. 4q91
amending Chapter 20.10 BMC relating to
Comprehensive Plan Amendments
Committee Meeting Date: December 13,2006
COUNCIL MEETING Date: December 20, 2006
Department: Community
Development
Presenter: Andrea Spencer
Phone: 473-5283
SUMMARY: To ensure that comprehensive plans remain relevant and up to date, the Growth
Management Act requires each jurisdiction to establish procedures whereby amendments to the plan
are considered by the City Council (RCW 36.70A.130(2)), and limits these amendments to once each
year. As currently drafted the Chapter 20.10 of the BMC limits plan amendments to a biennial
process, with amendments allowed in even numbered years only.
Staff believes that limiting ourselves to a biennial process is too restrictive and therefore desires to
amend the BMC to be consistent with State law. The proposed ordinance amends Chapter 20.10 of
the BMC to allow for an annual amendment process for the Comprehensive Plan.
ATTACHMENTS: Proposed Ordinance
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROVALS:
DEPARTMENT DIRECTOR;,..
.(:.....~~>
CITY ATTORNEY: /".',
FINANCE DIRECTOR: ~
MAYOR: ///
"..~..........,.
(/J
~yr
I CONSENT AGENDA ~I
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to pass Ordinance No. 4~ q4 amending Chapter 20.10 BMC to provide for annual
comprehensive plan amendments.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
ORDINANCE NO. ~
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 20.10 of the
Bremerton Municipal Code entitled "Comprehensive Plan
Amendments" to allow for annual comprehensive plan
amendments as authorized by State law.
WHEREAS, the current provisions of Chapter 20.10 of the Bremerton Municipal
Code relating to Comprehensive Plan Amendments allow biennial amendments to the
comprehensive plan; and
WHEREAS, State law allows annual amendments to the Comprehensive Plan;
and
WHEREAS, the City Council desires to amend the provisions of Chapter 20.10 of
the Bremerton Municipal Code to allow for annual comprehensive plan amendments as
authorized by State law; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 20.10 of the Bremerton Municipal Code entitled
"Comprehensive Plan Amendments" is hereby amended to read as follows:
Chapter 20.10
COMPREHENSIVE PLAN AMENDMENTS
20.10.010 BIENNIAL ANNUAL AMENDMENTS.
The City Council shall consider amendments to the Bremerton Comprehensive Plan no
more than once each bienniumcalendar year, except as provided in BMC 20.10.050. The biennial
consideration of amendments shall occur in even nambered years.
20.10.020 APPLICATIONS.
Comprehensive Plan amendments may be initiated by the Department of Community
Development or other administrative staff of the City, private citizens, private or public entities
or agencies, the Planning Commission, or the City Council. Application fees for Comprehensive
Plan amendments shall be the same as the fee established for rezones.
20.10.030 TIME OF FILING.
Applications to amend the Comprehensive Plan shall be submitted to the Department of
Community Development between the first business day in January to the end of the first
business day of April inclusi'.'e of each even numbered year. Applications shall be submitted on
forms prescribed by the Department. Incomplete applications will not be accepted for filing.
Requests received after the deadline shall be resubmitted during the next even numbcrcdcalendar
1
BMC 20.10
Comprehensive Plan Amendments
year amendment process. The Director of Community Development, may, at his or her sole
discretion, accept applications filed after the deadline if review has not begun on the pending
applications and acceptance of the late application will not have a significant impact on the
processing of the pending applications.
20.10.040 SUSPENSION OF APPLICATIONS.
The City Council may, by motion or resolution, suspend the amendment process for any
given bienniumcalendar year. However, in no case shall the amendment process be suspended
for two consecutive bicnniacalendar years.
20.10.050 AMENDMENTS OUTSIDE THE BIENNLA1L ANNUAL PROCESS.
Pursuant to RCW 36. 70A.130, the City Council may consider amendments to the
Comprehensive Plan outside the biennial annual review process set forth in BMC 20.10.010
under the following circumstances:
(a) Subarea Plan. The initial adoption of a subarea plan that does not modify the
Comprehensive Plan policies and designations applicable to the subarea; and
(b) Shoreline Master Program. The adoption or amendment of a Shoreline Master
Program under the procedures set forth in Chapter 90.58 RCW; and
(c) Capital Facilities Element. The amendment of the capital facilities element of the
Comprehensive Plan that occurs concurrently with the adoption or amendment of the City's
budget; and
(d) Scheduled Comprehensive Revicvis. Scheduled reviews and evaluations of the
City's Comprehensive Plan pursuant to RC\V 36. 70.L^..130( 4)Planned Actions. The adoption of
Comprehensive Plan amendments necessary to enact a planned action under RCW
43.21C.031(2); and
(e) Emergency Amendments. At any time an emergency situation exists, emergency
Comprehensive Plan amendments may be processed separately and in addition to the standard
biennial annual amendment process even though such emergency amendment results in a
Comprehensive Plan amendment more frequently than once per year. Prior to considering an
emergency amendment, the City Council shall, by resolution or motion, make a finding that an
emergency situation exists. The following shall constitute a basis for emergency amendments:
(1) Situations involving official, legal, or administrative actions, such as those
to immediately avoid an imminent danger to public health and safety, prevent imminent danger
to public or private property or to prevent an imminent threat of serious environmental
degradation;
(2) To address the absence of adequate and available public facilities or
servIces;
(3) To resolve an appeal of the Comprehensive Plan filed with the Central
Puget Sound Growth Management Hearings Board or court, or to comply with a decision of the
Board or court or of a state agency or office or the State Legislature necessitating an emergency
Comprehensive Plan amendment; or
(4) Council confirmation of the Director's finding ofa conflict, inconsistency,
deficiency or other internal defect in the Comprehensive Plan that requires correction for clear,
complete and consistent policy direction.
2
BMC 20.10
Comprehensive Plan Amendments
20.10.060 SEPA REVIEW.
After April 1st of each oven numberedcalendar year, the City's responsible official shall
review the cumulative environmental effect of all proposed Comprehensive Plan amendments,
pursuant to the Washington State Environmental Policy Act (SEP A). If the responsible official
determines that a draft final or supplemental environmental impact statement (EIS) or other
appropriate environmental review is warranted, applicants may be responsible for a full or
proportionate share of the costs of preparing the environmental analysis as determined by the
responsible official.
20.10.070 CUMULATIVE EFFECT.
In considering annual amendments to the Comprehensive Plan, the Planning Commission
and the City Council shall consider all proposed amendments concurrently to assess their
cumulative effect. The analysis of cumulative effect shall be conducted pursuant to BMC
20.1 0.060 and shall be entered into the hearing records ofthe Planning Commission and City
Council prior to any action.
20.10.080 DECISION CRITERIA.
The Planning Commission may recommend, and the City Council may adopt or adopt
with modifications, an amendment to the Comprehensive Plan if:
(a) There exists an obvious technical error in the pertinent Comprehensive Plan
provlSlons; or
(b) All the following criteria have been met:
(1) The amendment is consistent with the Growth Management Act;
(2) The amendment is consistent with the Comprehensive Plan or other goals
or policies of the City;
(3) If the amendment was reviewed but not adopted as a part ofa previous
proposal, circumstances related to the proposed amendment have significantly changed, or the
needs of the City have changed, which support an amendment;
(4) The amendment is compatible with existing or planned land uses and the
surrounding development pattern; and
(5) The amendment will not adversely affect the City's ability to provide
urban services at the planned level of service and bears a reasonable relationship to benefitting
the public health, safety and welfare.
20.10.090 HEARING PROCEDURES - NOTICE REQUIREMENTS.
The Department of Community Development shall prepare a report on proposed plan
amendments which shall be presented to the Planning Commission at a public hearing. The
Planning Commission shall hold one (1) or more hearings on the proposed amendments.
Following the public hearing by the Planning Commission, the Planning Commission's
recommendation shall be forwarded to the City Council for action. For proposed text
amendments, notice of the first Planning Commission and the first City Council public hearing
shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to
said hearing.
3
BMC 20.10
Comprehensive Plan Amendments
20.10.100 CITY COUNCIL ACTION.
Following receipt of the Planning Commission recommendation, the City Council shall
affirm, deny, modify or return the application to the Commission for further consideration. In
the event the City Council modifies the recommendation, it shall make its own findings and set
forth in writing the reasons for the action taken. If the City Council makes a substantial
modification to the Planning Commission recommendation, it shall hold at least one (1)
additional hearing on the modified recommendation prior to adoption.
20.10.110 APPEALS.
Appeals from a decision of the Bremerton City Council shall be pursuant to Chapter
36.70A RCW.
SECTION 2. Severa b ilitv. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion ofthis ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2006
CECIL McCONNELL, Council President
Approved this
day of
,2006
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2006
,2006
R:\Legal\Legal\Ordinances\Community Developmcnt\20.1 0 Comp Plan Amendments.doc
4
BMC 20.10
Comprehensive Plan Amendments
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # ()1i/ -;:( ,~ SL
,
DATE SUBMITTED: October 11,2006
"A
............~...'.','....................................................................
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SUBJECT: Publie IIe,u~Hg Nt Lease Committee Meeting Date: October 25, 2006
Agreement with Claremont Retirement COUNCIL MEETING Date: Nov..l aRe 15, 2006
Apartments Department: Parks & Rec/PW &U
Presenter: W. BirkenthallP. Williams
Ad;,)'\. eDvl+;HVtJ lJlIlt:/ -II->l'f ~! Phone: 473-5752/473-5755
I d),/a.o o~
SUMMARY: Claremont East has used 1,000 square feet of City right-of-way and 3,700 of paved
park property, located north of the Sheridan Community Center on the south side of juniper Street for
employee parking since 1995. Claremont's owners have requested a formalization of this parking use
arrangement. On September 26, 2006, the Parks Board made a recommendation to Council for the
City to enter into a lease for the purposes of allowing Claremont,East continued use of the park
property. The Public Works Department has agreed to issue a permit to cover the 1,000 square feet of
Juniper Street right-of-way. In consideration for the parking use, Claremont East will pay the city an
annual fee of $5,076 and provide a one million dollar liability insurance policy for the parking area
naming the City as an additional insured. The annual fee is based on the assessed value of the
property and is adjusted annually for inflation for the duration of the 10 year agreement.
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount): Approximately $5,076 annual revenue.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
---~~-,.....-~
-.-----...
-- ,~-------
._~
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FISCAL/BUDGET: /0/;).$/010 Comh1i#ee- ~'I CONSENT AGENDA 0 I
OPERA nONS: I 0 ~ ~ /0& r..o rY1 #u.:'fIex!.t!!fJ .
"."-- 'AI/J - ~
COUNCIL PRESIDENT .-:~:.--' - Ld. e-p--:=- v~
: e;"~:;2e.~.(' 11 tC I''J(/}~ ~l
RECOMMENDED MOTION: Move to approve the Lease Agreement between the City and
Claremont East Retirement Apartments, Inc., for the City right-of-way and park property located north
of Sheridan Community Center and authorize the Mayor to finalize and enter into the agreement in
substantially the same form as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
BREMERTON PARKS & RECREATION DEPARTMENT
PARKS & RECREATION COMMISSION MEETING
Minutes of September 26, 2006
Sheridan Community Center, 680 Lebo Blvd., Bremerton, W A 98310
Attendance:
Absent:
Staff:
Council:
Joan Dingfield, Doug Groneman, Carol Johnson and Matthew Keough
Wanda Butler and Steve Corda*
Wyn Birkenthal, Tom Cressman, JeffElevado and Barbara Forbes
Dianne Robinson
I. Meeting Called to Order by Chairman Doug Groneman @ 5:40 p.m.
* Mr. Corda had submitted his resignation bye-mail this afternoon to the Commission Chairman
and to the Parks and Recreation Department.
II. Approval of Agenda: M/S/C/U Addition (Dingfield/Johnson)
III. Items from Audience:
a. Bonnie McIntosh had recently contacted the department regarding two issues: (1) maintenance
of the dog park at Pendergast Park (lack of bags, uncut grass, and regular trash pick-up); and (2)
the annual dog swim event at the Jarstad Aquatic Center. Mr. Birkenthal announced that
maintenance will be provided at the dog park on a regular basis. Although last year's Doggy Dip
event was held prior to the pool's annual maintenance; the department received a number of
complaints regarding dogs in a public pool. The department canceled the event for 2006.
b. The West Sound Disc Golf Association (WSDGA) reported that they are a non-profit
organization interested in promoting the sport of disc golf to the community. They feel that the
course has attracted a large number of players from outside Kitsap County. Since the WSDGA is
not involved in decisions regarding the land (N.A.D.), the Association reported that they will not
accept responsibility for the course, maintenance or its use unless they rent the space for specific
events. The Association has recently been asked by the City to carry liability insurance; which
they are unable to afford at this time. The Association wondered why they are being asked to
provide insurance when other user groups are not (e.g. skate boarders, basketball players). How
does the City expect the Association to be responsible for safe tee pads, but won't allow them to
provide safer pads with concrete material? The City initially chose the basault tee pads to fiCin
with the pristine park environment. Mr. Birkenthal reported that Washington State has some
protection under the Recreational Immunity Act. Once a person is charged for an activity, there
is a higher level of liability on the part of the property owner.
The Association also commented that they do not support the land swap between the City
and the Bremerton School District, but they will abide with whatever the City decides for the
park. If the land swap is approved by City Council, they ask that the City pay for the
landscaping for a new course as they will not be able to duplicate the volunteer man hours
provided at N.A.D. ..
IV. Approval of Minutes - August 22, 2006 - M/S/C/U (Keough/Dingfield)
V. New Business:
1. Review and Discussion of City Code Regulating Dogs in Park. The City had received
complaints from citizens who had attended the Blackberry Festival held earlier in the
month at the Boardwalk. These citizens wondered if it was appropriate to allow dogs on
the Boardwalk during the event (e.g. safety of the public and animal, defecation from the
animals on the sidewalk). After some discussion, it was suggested that the department
post signs prior to next year's event prohibiting animals rather than consider an
amendment to the current ordinal1ce.
2. Claremont East Parking Strip (Ed Wolfe, Attorney Representing Claremont East
Retirement Apartments, Inc.). Claremont East believed they had an agreement with
the City to use the parking strip (behind the Sheridan Center aiong Juniper Street) for the
past 25 years. When Claremont East came under contract to be sold, they were unable to
produce the agreement ~o the purchaser. Mr. Wolfe asked if the Commission would
consider a proposal to negotiate a fee for the use of the parking lot. The Commission
voted to recommend to the City Council to pursue a continual lease or sale of the
parking strip to Claremont East Retirements Apartments, ""'), Inc. M/S/CIU
(DingfieldlJohnson)
VI. Old Business - None
VII. Staff Report:
1. Upcoming Events and Programs.
. Raku Workshop on Sat., Oct. 7th, from 10 am to 3 pm.
. Senior Craft Fair on October 20-21,2007 at the Sheridan Community Center.
. All City Halloween Party on October 31 st from 5:30 pm to 7:30 pm.
VIII. Commissioners Comments and Questions
No Comments
IX. Adjournment. Meeting adjourned at 7:45 p.m.
LEASE AGREEMENT
(Claremont East)
This Lease is entered into on the date fully executed below by and between THE CITY
OF BREMERTON, a municipal corporation of the State of Washington, (hereinafter refelTed to
as "Lessor" or "City"), and CLAREMONT EAST RETIREMENT APARTMENTS, INe., a
Washington non-profit corporation, (hereinafter refelTed to as "Lessee").
RECITALS
WHEREAS, the City now owns certain land and public Right-of-Way which Lessee has
improved and been using for parking for its business; and
WHEREAS, it is the parties' desire to enter into a ten (10) year lease in conjunction with
the City issuing a Right-of-Way permit for use of this property to allow Lessee to continue to
carry on its business,
NOW, THEREFORE, the City and Lessee agree as follows:
1. PROPERTY.
(a) Property Defined. The City leases to Lessee and Lessee leases from the
City the real property described in Exhibit A, attached hereto and incorporated herein by this
reference, together with all the rights of the City, if any, to improvements on and easements
benefiting the property but subject to the exceptions and restrictions set forth in this Lease
(hereinafter the "Property"). This Lease is granted in conjunction with the Right-of-Way permit
issued by the Lessee as set forth in Exhibit B, attached hereto and incorporated herein by this
reference. A site plan designating the lease area and the right-of-way permit area is attached as
Exhibit C and incorporated herein by this reference.
(b) Survey, Maps, and Plans. Lessee is not relying upon and the City is not
making any representations about any survey, plat, diagram, and/or legal description provided by
the City.
(c) Inspection. The City makes no representation regarding the condition of
the Property, or the improvements located on the Property.
2. USE.
(a) Permitted Use. Lessee shall have the right to maintain and use the
Property for parking for its business and for no other business or purpose, without the prior
written consent of the City. The Property shall not be used for illegal purposes. It is agreed that
this Lease shall not be construed as the City's waiver of land use or building code provisions that
would otherwise apply to any improvements or uses of the site.
(b) Restrictions on Use. Lessee shall not cause or permit any damage to
natural resources on or adjacent to the Property. Lessee shall also not cause or permit any filling
activity to occur on the Property without required permits. This requirement may pertain to
1
Claremont East Lease
moving deposits of rock, earth, ballast, refuse, garbage, waste matter (including chemical,
biological or hazardous substances, or toxic wastes), hydrocarbons, any other pollutants, or other
matter in or on the Property, except as is permitted herein and performed in the ordinary course
of the business of Lessee's use and except as otherwise approved in writing by the City. If
Lessee fails to comply with all or any of the restrictions on the use of the Property set out in this
Subsection 2(b), the City shall notify Lessee and provide Lessee a reasonable deadline to take all
steps necessary to remedy the failure. If Lessee fails to do so in a timely manner, then the City
may take any steps reasonably necessary as determined by the City, to remedy this failure. Upon
demand by the City, Lessee shall pay all costs of such remedial action, including but not limited
to the costs of removing and disposing of any material deposited improperly on the Property.
This section shall not in any way limit Lessee's liability under Section 8, below. The covenants
contained in Section 2(b) shall survive expiration or termination of this Lease.
(c) Conformance with Laws. Lessee shall, at all times, keep current and
comply with all conditions and terms of any permits, licenses, certificates, regulations,
ordinances, statutes, and other government rules and regulations regarding its use or occupancy
of the Property.
(d) Liens and Encumbrances. Lessee shall keep the Property free and clear
of any liens and encumbrances arising out of or relating to its use or occupancy of the Property.
3. TERM.
(a) Term Defined. The term of this Lease is ten (10) years (the "Term"),
beginning on the _st day of , 2006 (the "Commencement Date"), and ending on the
_th day of _, 2016 (the "Termination Date"), unless terminated sooner under the terms of
this Lease. The Lease term in consistent with the term of the Right -of- W ay permit set forth in
Exhibit B. If there is a conflict in the dates of the term of this Lease and the Right-of-Way
permit, the dates of the term of the Right-of-Way permit shall prevail and shall serve as the dates
of lease term of this Lease.
(b) Lease Extension. The parties hereto may extend this agreement upon
terms mutually agreeable. There is no option to extend granted herein.
(c) End of Term. Upon the expiration or termination of the Term, as
applicable, Lessee shall surrender the Property to the City in the same or better condition as
existed on the Commencement Date, reasonable wear and tear excepted.
(d) Hold Over. If Lessee remains in possession of the Property after the
Termination Date, the occupancy shall not constitute an extension or renewal of the Term. The
occupancy shall be a month-to-month tenancy, on terms identical to the terms of this Lease,
which may be terminated by either party on thirty (30) days written notice. The monthly rent
during the holdover shall be the same rent which would be due if the Lease were still in effect
and all adjustments in rent were made in accordance with its terms. If the City provides a notice
to vacate the Property in anticipation of the termination of this Lease or at any time after the
Termination Date and Lessee fails to do so within the time set forth in the notice, then Lessee
shall be a trespasser and shall owe the City all amounts due under applicable law.
2
Claremont East Lease
4. LEASE PAYMENT.
(a) Monthly Payment. During the term of this Lease, Lessee agrees to pay
Lessor, without notice or demand, the sum of four hundred twenty dollars ($420.00) per month
("Lease Payment") plus the leasehold tax as set forth in Section 5, in advance, on or before the
first day of the first full calendar month of the term hereof and a like sum on or before the first
day of each and every successive calendar month thereafter during the term hereof.
(b) Consumer Price Index Adjustments. The monthly Lease Payment shall
be adjusted every year during the term(s) of this Agreement based upon the prior years'
Consumer Price Index (CPI) for all urban consumers as published by the United States
Department of Labor for Seattle-Tacoma-Bremerton, all items (1982-84-100). For purposes of
the CPI adjustment, the base shall be the June 2006 CPI index June to June every year (i.e. June
2006- June 2007). The CPI adjustment shall occur on the following January 1 st of each year
during the term of this Agreement. Lessee shall make this payment to Lessor by the fifteenth day
of the month following the end of each month. Lessee may prepay these monthly payments on a
quarterly, semi-annual or annual basis or as otherwise approved by the Lessor.
(c) Payment Place. Payment is to be made to the City of Bremerton, Attn:
Director of Financial Services, 345 Sixth Street, Suite 600 Bremerton, Washington 98337.
5. OTHER EXPENSES.
During the Term, Lessee shall pay the following additional expenses:
(a) Leasehold Excise Tax, Other Taxes and Assessments. Lessee shall pay
all taxes (including the leasehold excise tax on all lease amounts paid to the City pursuant to
RCW 82.29A.030 currently in the amount of 12.84 percent and as may be adjusted pursuant to
Ch. 82.29A RCW), assessments, and all other governmental charges, of any kind whatsoever,
applicable or attributable to the Property, Lessee's leasehold interest, the improvements, or
Lessee's use and enjoyment of the Property.
Lessee shall pay quarterly to the City by the fifteenth day of the month following the end
of each quarter, or as otherwise required by the State of Washington, the amount of the leasehold
tax owing. Lessee may prepay these quarterly payments on a semi-annual or annual basis or as
otherwise approved by the City.
6. LATE PAYMENTS AND OTHER CHARGES.
(a) Late Charge. If any rental payment is not received by the City within ten
(10) days ofthe date due, Lessee shall pay to the City a late charge equal to ten percent (10%) of
the amount ofthe Lease to defray the overhead expenses of the City incident to the delay.
(b) Overdue Lease Payment. Unpaid installments of the Monthly Lease
Payment or other sums due hereunder shall, if not timely paid, be subject to a later charge of Fifty
and Noll 00 Dollars ($50.00) to cover the excess costs of administration and shall bear interest
from the date due of twelve percent (12%) until all rent and interest has been paid in full. Lessee
hereby further agrees to pay any attorneys' fees and expenses incurred by Lessor by reason of
Lessee's failure to pay Monthly Lease Payment or other charges when due hereunder.
(c) No Counterclaim, Setoff, or Abatement of Lease Payment. Except as
expressly set forth elsewhere in this Lease, Lease Payments and all other sums payable by Lessee
3
Claremont East Lease
pursuant to this Lease shall be paid without the requirement that the City provide prior notice or
demand, and shall not be subject to any counterclaim, setoff, deduction, defense or abatement.
7. IMPROVEMENTS.
(a) Lessee-Owned Improvements. So long as this Lease remains in effect,
Lessee shall retain ownership of all Existing Improvements and all authorized improvements it
may place on the Property (collectively "Lessee-Owned Improvements"). Lessee-Owned
Improvements shall not include any construction, reconstruction, alteration, or addition to the
Property by the City (City-Owned Improvements) or any Unauthorized Improvements as defined
in Subsection 7(d) below. No Lessee-Owned Improvements shall be placed on the Property
without the City's prior written consent.
(b) Construction. Prior to Lessee commencing any construction, alteration,
replacement, removal or major repair of any improvements (whether City-Owned or Lessee-
Owned), Lessee shall submit to the City plans and specifications which describe the proposed
activity. Construction shall not commence until the City has approved those plans and
specifications in writing and Lessee has obtained a performance and payment bond in an amount
equal to 100% of the estimated cost of construction. The performance and payment bond shall
be maintained until the costs of construction, including all laborers and material persons, have
been paid in full. The City shall have thirty (30) days in which to review the proposed plans and
specifications. The plans and specifications shall be deemed approved and the requirement for
the City's written consent shall be treated as waived, unless the City notifies Lessee otherwise
within the thirty (30) days. Upon completion of construction, Lessee shall promptly provide the
City with as-built plans and specifications. The City's consent and approval shall not be required
for any routine maintenance or repair of improvements made by the Lessee pursuant to its
obligation to maintain the Property in good order and repair that does not result in the
construction, alteration, replacement, removal, or major repair of any improvements on the
Property. The provisions of this section do not obviate any permit requirements that may apply
to the proposed activity.
(c) Removal. Unless otherwise agreed by the City in writing, Lessee-Owned
Improvements shall not be removed by Lessee during the Lease term or upon expiration or
termination of this Lease and upon expiration or termination of this Lease, shall become the
property of the City without payment by the City.
(d) Unauthorized Improvements. Improvements made on the Property
without the City's prior consent pursuant to Subsection 7(b) or which are not in conformance
with the plans submitted to and approved by the City ("Unauthorized Improvements") shall
immediately become the property of the City, unless the City elects otherwise. Regardless of
ownership of Unauthorized Improvements, the City may, at its option, require Lessee to sever,
remove, and dispose of them, charge Lessee rent for the use of them, or both. If Lessee fails to
remove an Unauthorized Improvement upon request, the City may remove it and charge Lessee
for the cost of removal and disposal.
(e) Liens. Lessee shall keep the Property and Lessee's leasehold interest free
from any liens arising out of any work performed, materials furnished, or obligations incurred by
Lessee.
4
Claremont East Lease
8. HAZARDOUS SUBSTANCES. Lessee shall not generate, release, spill, store,
deposit, transport, or dispose of (collectively "Release") any hazardous substances, sewage,
petroleum products, hydrocarbons, radioactive substances, medicinal, bacteriological, or disease-
producing substances, hazardous materials, toxic substances or any pollutants or substances
defined as hazardous or toxic in accordance with applicable federal, state, and local laws and
regulations ("Hazardous Substances") in, on or about the Property. Lessee shall indemnify,
defend and hold Lessor harmless from any and all claims, liabilities, losses, damages, cleanup
costs, response costs, and expenses (including reasonable attorneys' fees) arising out of or in any
way related to the Release by Lessee, or any of its agents, representatives, or employees, or the
presence of such Hazardous Substances in, on or about the Property occurring at any time after
the Commencement Date and arising out of the activities of Lessee, or any of its agents,
representatives or employees. The provisions of this paragraph shall survive termination or
expiration of this Lease.
9. ASSIGNMENT AND SUBLETTING.
(a) City Consent Required. Lessee shall not sell, convey, mortgage, assign,
pledge, sublet, or otherwise transfer or encumber all or any part of Lessee's interest in this Lease
or the Property without the City's prior written consent, which may not be unreasonably withheld
by the City. Recognizing that the Lease serves property Lessee owns commonly known as
Claremont East and is therefore an integral part of its property, Lessor agrees that Lessee or its
assigns may assign its interests in the Lease to any subsequent purchaser of its property so that
the leasehold interest transfers with ownership of the property. In the event of such consent, each
permitted transferee shall assume all obligations under this Lease, including the payment of rent.
No assignment, sublet, or transfer shall release, discharge, or otherwise affect the liability of
Lessee.
(b) Rent Payments Following Assignment. The acceptance by the City of
the payment of rent following an assignment or other transfer shall not constitute consent to any
assignment or transfer.
10. INDEMNITY.
(a) The City shall not be liable for any injury to any person or for any loss of
or damage to any property (including property of Lessee) occurring in or about the leased
Property and caused by or resulting from any act or omission by Lessee any officer, agent,
employee, guest, invitee, or visitor of Lessee; and, during the full term hereof, Lessee agrees and
covenants to indemnify, defend, and hold harmless the City and those persons who were, now
are, or shall be duly elected or appointed officials or members or employees or agents thereof,
against and from any loss, damage, costs, charge, expense, liability, claim, demand, or judgments
of whatsoever kind or nature whether to persons or property, to the extent arising on said
Property or on any areas adjoining the same, which is under the control or use of Lessee pursuant
to this lease and arising out of or in connection with Lessee's use and occupancy of said
Property. The foregoing provision shall not be construed to make Lessee responsible for injuries
5
Claremont East Lease
to third parties caused by the negligence of Lessor or any officer, agent, employee, guest, invitee
or visitor of Lessor.
(b) Should a court of competent jurisdiction determine that this Lease is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury
to persons or damages to property caused by or resulting from the concurrent negligence of
Lessee and the City, its officers, officials, employees, and volunteers, the Lessee's liability
hereunder shall be only to the extent of the Lessee's negligence. IT IS FURTHER
SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE LESSEE'S WAIVER OF IMMUNITY UNDER
INDUSTRIAL INSURANCE. TITLE 51, RCW, SOLELY FOR THE PURPOSES OF THIS
INDEMNIFICATION. This waiver has been mutually negotiated by the parties. The provisions
of Section 10 shall survive the expiration or termination of this Lease.
11. INSURANCE.
(a) General Commercial Liability Insurance. Lessee, at its own expense,
shall provide and keep in force with companies acceptable to Lessor comprehensive general
liability insurance in the amount of not less than One Million Dollars ($1,000,000.00) per
occurrence for bodily injury and property damage. Lessee shall furnish Lessor with a certificate
of such policy within thirty (30) days of the Commencement Date of this Lease and whenever
required shall satisfy Lessor that such policy is in full force and effect. Such policy shall name
Lessor as an additional insured and shall be primary and noncontributing with any insurance
carried by Lessor. The policy shall further provide that it shall not be canceled or altered without
twenty (20) days prior written notice to Lessor.
(b) Certificate of Insurance. Lessee shall provide to the City documentary
evidence, certified by the insurer, of all insurance(s) required in this Lease.
(c) Subrogation. The City shall not be liable to Lessee (by way of
subrogation or otherwise) or to any insurance company insuring the other party for any loss or
damage to any building, structure, or other tangible property, or any resulting loss of income, or
losses under worker's compensation laws and benefits, if any such loss or damage is covered by
insurance benefiting the party suffering such loss or damage or was required to be covered by
insurance pursuant to this Lease. Lessee shall, upon obtaining the policies of insurance required
give notice to the insurance carrier or carriers that the foregoing mutual waiver of subrogation is
contained in this Lease.
12. MAINTENANCE AND REPAIR.
(a) The City's Repairs. The City shall not be required to make any
alterations, maintenance, replacements, or repairs in, on, or about the Property, or any part
thereof, during the Term.
(b) Lessee's Repairs, Alteration, Maintenance and Replacement.
(i) Lessee shall, at its sole cost and expense, keep and maintain the
Property and all improvements in good order and repair, in a clean, attractive, and safe condition
including maintenance of the parking area, signage, striping and sweeping.
6
Claremont East Lease
(ii) Lessee shall, at its sole cost and expense, make any and all
additions, repairs, alterations, maintenance, replacements, or changes to the Property or to any
improvements on the Property which may be required by any public authority.
(iii) All additions, repairs, alterations, replacements or changes to the
Property and to any improvements on the Property shall be made in accordance with, and
ownership shall be governed by, Section 7, above.
13. DAMAGE OR DESTRUCTION.
(a) In the event of any damage to or destruction of the Property or any
improvements, Lessee shall promptly give written notice to the City.
(b) Unless this Lease is terminated, there shall be no abatement or reduction in
rent due to any damage or destruction of the Property.
14. DEFAULT AND REMEDIES.
(a) Acts Constituting Default. Lessee shall be in default of this Lease on the
occurrence of any of the following:
(i) Failure to pay the Lease Payments or other expenses when due;
(ii) Failure to comply with any law, regulation, policy, or order of any
lawful governmental authority;
(iii) Failure to comply with any other provision of this Lease;
(iv) Failure to cure a default pursuant to Section l4(b) below;
(v) Lessee vacates or abandons the Property;
(vi) Failure to comply with the terms of the Right-of-Way permit set
forth in Exhibit B; or
(vii) Proceedings are commenced by or against Lessee under any
bankruptcy act or for the appointment of a trustee or receiver of Lessees' property.
(b) Failure to Cure. A default shall become an event of default ("Event of
Default") if Lessee fails to cure the default within thirty (30) days after the City provides Lessee
with written notice of default, which specifies the nature of the default. Notice of default is not
required in the case Lessee vacates or abandons the Property or the Lease is terminated as a result
of a revocation of the Right-of-Way permit as set forth in Section l5(d) below.
15. REMEDIES ON DEFAULT.
(a) Termination and Re-entry. In the event of any default or breach by
Lessee, Lessor may, at any time thereafter with or without notice, terminate this Lease by written
notice to Lessee and the Lessor shall have the right to enter upon the Property and re-take
possession thereof.
(b) Removal of Personal Property. In the event of a retaking of possession
of the Property by Lessor, Lessee shall remove all personal property located thereon and upon
failure to do so upon demand of Lessor, Lessor may remove and store the same in any place
selected by Lessor, including but not limited to a public warehouse, at the expense and risk of
Lessee. If Lessee shall fail to pay the cost of storing any such property after it has been stored for
a period of thirty (30) days or more, Lessor may sell any or all of such property at a public or
7
Claremont East Lease
private sale and shall apply the proceeds of such sale first to the cost of such sale, secondly to the
payment of the charges for storage, if any, and thirdly to the payment of any other sums of money
which may be due from Lessee to Lessor under the terms of this Lease, and the balance, if any, to
Lessee. Lessee hereby waives all claims for damages that may be caused by Lessor's lawfully
reentering and taking possession of the Property or lawfully removing and storing the property of
Lessee as herein provided and will save Lessor harmless from loss or damages occasioned by
Lessor thereby, whether such lawful reentry shall be considered or construed to be a forcible
entry.
(c) Remedies Cumulative. The remedies hereinafter described shall be
cumulative and Lessor shall be entitled to pursue any other remedy now or hereafter available to
Lessor under the law or judicial decisions of the State of Washington.
16. REVOCATION OF RIGHT-OF-WAY PERMIT AND TERMINATION OF
LEASE.
Lessee acknowledges that the Right-of-Way issued in conjunction with this Lease is an
integral part of this Lease and further that said permit is conditionally issued subject to the
Lessor's use and need for the permitted Right-of-Way. Since this Lease and the Right-of-Way
permit set forth in Exhibit B are inter-connected, a revocation of the Right-of-Way permit shall
constitute a termination of this Lease without further notice, and likewise, a termination of this
Lease pursuant to the provisions hereof shall constitute a revocation of the Right-of-Way permit
without further notice. Lessee acknowledges that in the event the Lessor has a need for the
permitted Right-of-Way for any purpose, the Right-of-Way permit may be revoked and this
Lease terminated accordingly. A notice of default is not required in the event this Lease is
terminated due to a revocation of the Right-of-Way permit.
17. ENTRY BY LESSOR. The City shall have the right to enter the Property at any
time to inspect for compliance with the terms of this Lease. The City and/or City's agents shall
comply with all of Lessee's work safety rules and restrictions, including but not limited to
following Lessee's warning instructions and, without prior approval of the Lessee, keep out of
restricted areas of the Property due to pesticide, fertilizer, and other chemical and hazardous
substance exposures on the Property.
18. NOTICE. Any notices required or permitted under this Lease may be personally
delivered, delivered by facsimile machine, or mailed by certified mail, return receipt requested, to
the following addresses or to such other places as the parties may direct in writing from time to
time:
Lessor:
Director of Parks and Recreation
City of Bremerton
345 Sixth Street, Suite 600
Bremerton, Washington 98337
8
Claremont East Lease
Lessee:
Claremont East Retirement Apartments, Inc.
Bremerton, Washington 98_
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a
confirmation report if delivered by facsimile machine, or three (3) days after being mailed as set
forth above, whichever is applicable.
19. GENERAL PROVISIONS. Lessor and Lessee agree to the following general
provIsiOns:
(a) Authority. Lessee and the person or persons executing this Lease on
behalf of Lessee represent that Lessee is qualified to do business in the State of Washington, that
Lessee has full right and authority to enter into this Lease, and that each and every person signing
on behalf of Lessee is authorized to do so.
(b) Successors and Assigns. The covenants and conditions herein contained,
subject to the provisions as to assignment, apply to bind the heirs, successors, executors,
administrators, and assigns of the parties hereto.
(c) Entire Agreement. This Lease, including the exhibits and addenda, if
any, contains the entire agreement of the parties. All prior and contemporaneous agreements,
promises, representations, and statements relating to this transaction or to the Property, if any, are
merged into this Lease.
(d) Modification. No provision of this Lease may be amended or added to
except by agreement in writing signed by the parties hereto or their respective successors in
interest. The City shall not be bound by any oral representations or statements.
(e) Cumulative Remedies. The rights and remedies of the City under this
Lease are cumulative and in addition to all other rights and remedies afforded to the City by law
or equity or otherwise.
(1) Time is of the Essence. Time is of the essence of this Lease and each and
all of its provisions in which performance is a factor.
(g) Severability. Any provisions of this Lease which shall prove to be
invalid, void, or illegal shall in no way affect, impair, or invalidate any other provision hereof
and such other provision shall remain in full force and effect.
(h) Applicable Law and Venue. This Lease shall be interpreted and
construed in accordance with the laws of the State of Washington. Any reference to a statute
shall mean that statute as presently enacted or hereafter amended or superseded. Venue for any
action arising out of or in connection with this Lease shall be in the Superior Court for Kitsap
County , Washington.
(i) Waiver. No waiver of default by either party of any of the terms,
covenants and conditions hereof to be performed, kept and observed by the other party shall be
construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and
conditions herein contained, to be performed, kept and observed by the other party.
9
Claremont East Lease
(k) Survival of Covenants. The covenants contained herein survIve the
termination or expiration of the Lease for the applicable statute of limitation periods.
(I) Quiet Enjoyment. The City covenants and agrees that Lessee, upon
performing the terms and conditions of the Lease, may peacefully hold and enjoy the Property
during said term without any interruption by the City, its successors or assigns. City will use its
best efforts not to interfere with Lessee's business or right of access to and from the Property
during the term of this Lease.
(m) Recording of Short Form Lease. Neither the City nor Lessee may record
this Lease without the other's prior approval, but the parties will at any time at the request of
either party promptly execute duplicate originals of an instrument, in recordable form, which will
constitute a short form of this Lease, setting forth a description of the Property, the terms of this
Lease and other provisions hereof, except the rental and other provisions as either party may
request, which may be recorded.
(n) Paragraph Headings. The paragraph or section headings of this Lease
are not a part of this Lease and shall have no effect upon the construction or interpretation of any
part hereof.
(0) Duplicate Originals. This Lease Agreement may be executed in duplicate
originals.
IN WITNESS WHEREOF, the parties hereto have executed this Lease on the date of the
last signature below.
CITY OF BREMERTON
By: Cary Bozeman
Its: Mayor
Date:
By:
Its:
Date:
Date:
APPROVED AS TO FORM:
Roger A. Lubovich, City Attorney
[Notaries are on next page]
10
Claremont East Lease
STATE OF WASHINGTON)
) 9
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that Cary Bozeman is the person who
appeared before me, and acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument, and acknowledged it as Mayor of the City of Bremerton to
be the free and voluntary act of such City for the uses and purposes mentioned in the instrument.
WITNESSETH my hand and seal this
day of
,2006.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires / /
STATE OF WASHINGTON)
)9
COUNTY OF KITSAP )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and acknowledged that (s )he signed this instrument, on oath
stated that (s)he was authorized to execute the instrument, and acknowledged it as
of the Claremont East Retirement Apartments, Inc. to be the free and
voluntary act of said corporation for the uses and purposes mentioned in the instrument.
WITNESSETH my hand and seal this
day of
,2006.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires / /
R:\Legal\Legal\Forms\Real Estate\Leases\Land Lease-Claremont East as Lessee. doc
11
Claremont East Lease
~l
CONSULTANTS, INC.
PROFESSIONAL LAND SURVEYORS
P.O. BOX 930 . 3472 N.W. LOWELL "OLD TOWNE" . SILVERDALE, WA 98383 . 360-692-6400 . FAX 360-692-8927
LEGAL DESCRIPTION
LEASE AREA 1
JUNIPER STREET
THAT PORTION OF PARCEL 1, BLOCK 1, 2ND ADDITION TO SHERIDAN PARK, AS
PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF
KIT SAP COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87~5'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10~5'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF-WAY
LINE OF SAID JUNIPER STREET AND THE POINT OF BEGINNING; THENCE
WESTERLY ALONG SAID RIGHT-OF -WAY LINE BEING A 561.65 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC
DISTANCE OF 130.24 FEET; THENCE NORTH 66017'31" WEST ALONG SAID RIGHT-
OF-WAY LINE 73.35 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH
13034'47" WEST 5.28 FEET; THENCE SOUTH 66017'31" EAST 72.42 FEET TO THE
BEGINNING OF A 566.85 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO
THE LEFT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC DISTANCE OF
131.44 FEET; THENCE NORTH 10~5'20" EAST 5.20 FEET TO THE POINT OF
BEGINNING.
EXHIBIT A
)~
AE
CONSULTANTS, INC.
PROFESSIONAL LAND SURVEYORS
P.O. BOX 930 .3472 N.W. LOWELL "OLD TOWNE" . SILVERDALE, W A 98383 . 360-692-6400 . FAX 360-692-8927
LEGAL DESCRIPTION
LEASE AREA 2
JUNIPER STREET
THAT PORTION OF PARCEL 1, BLOCK 1, 2ND ADDITION TO SHERIDAN PARK, AS
PER PLAT RECORDED IN VOLUME 8 OF PLATS, PAGES 74 AND 75, RECORDS OF
KITSAP COUNTY, WASHINGTON, DESCRIBE;D AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE AVENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87~5'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10025'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT -OF - WAY
LINE OF SAID JUNIPER STREET; THENCE WESTERL Y ALONG SAID RIGHT -OF - WAY
LINE BEING A 561.65 FOOT RADIUS CURVE TO THE RIGHT THROUGH A CENTRAL
ANGLE OF 13017'09" FOR AN ARC DISTANCE OF 130.24 FEET; THENCE NORTH
66017'31" WEST ALONG SAID RIGHT -OF- WAY LINE 98.08 FEET TO THE POINT OF
BEGINNING; THENCE CONTINUING ALONG SAID RIGHT-OF-WAY LINE NORTH
66017'31" WEST 148.19 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE SOUTH
12055'43" EAST 14.29 FEET; THENCE SOUTH 65054'18" EAST 140.35 FEET; THENCE
NORTH 37055'03" EAST 19.10 FEET TO THE POINT OF BEGINNING
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EXPIRES 111101!J
/0 -' 25-' 2060
EXHIBIT A
10/20/2006 11:57 _360-473-5398
BREt...1ERTOH EHGIt-lEERIG
PAGE 02/06
City of Bremerton
3027 Olympus Drive * Bremerton, WA 98310-4799
~
Application for Long Term Type C
Rigbt-of-Way Use Permit
APPLICANT INFORMATION
-
Name:
-.
Company:
Address:
Telephone No_:
E-Mail:
~ax No.:
PERMITTEE INFORMATION (if different)
Name:
.. --
Company:
.. .
Address:
Telephone No.: 1 Fax No.; I
E-Mail:
"
SITE INFORMATION
. 1. Street Address:
.... ~
2. Description of penn it area (distance from property comer, dimensions and shape of area, etc.):
May be attached
-. ~
3. Attach a drawing of the permit area showing the adjoining property, proposed right-of-way llse area
including the dimensions and angles from the adjoimng property comer. This must match the property
description in Number 2 above.
4. Area of right-of-way used (square feet):
5. Description of nse (I.e.; paved parking circn1ation, equipment storage/display, paved parking area
signage, etc.):
EXHIBIT B
10/20/2005 11:57
3[,0-473-5398
BREtv1EF:TDH EHGn~EERI G
PAGE 04/05
PermIttee:
Location:
LONG-TERM TYPE C RIGHT-Of-WAY USE PERMIT
THIS PERMIT is made and entered into this ~_ day of ,20_, by
and between the CITY OF BREMERTON, a municipal corporation hereinafter referred to as
"City" and , hereinafter referred to as "Permittee",
WITNESSETH:
In consideration of the covenants, promises and terms contained herein, the parties
hereby agree as follows:
1. Location of Property. City hereby permits the Permittee to use the following
described real property within the City right-of-way:
; hereinafter referred to as "Property".
2. Use of Property. Permittee shall have the use and occupancy of the Property
for the purpose of:
Permittee understands and agrees that the right-of-way can not be used to meet
development standards or permit requirements such as parking, landscaping, set back or buffer
area on a permanent basis.
years, commencing on the
years thereafter,
3. Term. The term of this Permit shall be
. day of . 20 . and terminating
unless terminated earlier according to the provisions herein.
4. Use Fee. Permittee shall pay City for the rent of said Property the sum of
$ to be paid annually the first payment due on the commencement date. Annual
payments sha.1l be due January 10th of each year of the agreement.
5. Repairs and Maintenance. Permittee agrees to accept all responsibility for
maintenance of all improvements placed on the Property by the Permittee and to keep the
Property and any such improvements thereon in a state of good repair and to maintain them at
all times SO as not to cause any safety hazard nor visual blight on the Property. Permittee
agrees to perform City directed repairs and maintenance within 30 days of written notice from
the City.
6. Ownership of Improvement. All improvements erected by Permittee on the
Property shall remain the property of the Permittee.
Type C - ROW Permit - Page 1
Permittee:
Location:
Rev 4-8-2003
10/20/2006 11:57
360-473-5398
BREMERTON ENGINEERIG
PAGE 05/06
7. Removal of Improvements. Improvements shall be permanently removed by
the Permittee at the termination of the Permit or upon sixty days (50) written notice from the City
at such time the City finds it necessary to modify the use of the Property. If the required
removal is not completed within the time stipulated by the City, the City is authorized to have the
removal work done and the cost thereof, including administrative and legal fees, shall become a
civil debt of the Permittee and shall be a lien against the Permittee's property. Also, the City
may, without notice, remove the improvements a.s necessary to repair utilities or other public
facilities. The City has no obligation to reconstruct or replace such improvements.
8. Compliance with Law. In the use of Property, Permittee shall fully comply with
all applicable federal, state, county and municipal laws, ordinances and regulations.
9. Assignment of Permit. Permittee shall not assign or transfer its interest in this
Permit, or sublet the Property or any parts thereof, or permit the Property to be used for any
purpose not permitted by this Permit, without prior written consent of the City. Any attempt to
assign or transfer an Interest in this Permit shall be cause for immediate termination.
10. Insurance. Permittee, at its own expense, shall provide and keep in force with
companies reasonably acceptable to City comprehensive general liability insurance in the
amount of not less than $1,000,000 per occurrence for bodily injury and property damage.
Permittee shall provide the City's Risk Manager with a certificate of insurance evidencing this
coverage and indicating that the City is an additional named insured thereunder. Thirty (3D)
days advance notice to City of cancellation shall also be provided.
11. Indemnification. Permittee hereby agrees to defend and indemnify and hold
harmless the City from any and all claims, lawsuits, damages or actions or liability which may
arise from the Permittee's use of said Property pursuant to this Permit. No employees or agents
of Permittee shall be considered employees or agents of the City.
12. Termination. Either party may terminate this Permit by furnishing to the other
party, by registered mail, a notice of termination at least sixty (60) days prior to the intended
date of termination. If Permittee defaults in payment of rent, or breaches any other covenant or
condition of the Permit, City may declare a forfeiture of this Permit for such default, reenter Ule
property, and remove the improvements, upon ten (10) days written notice to cure breach or
default a.nd Permittee fails to do so.
13. Notices. All notices to be given by either of the parties hereto to the other party
shall be in writing and may either be delivered personally or may be deposited in the United
States mail, postage prepaid, as either certified or regular mail, addressed as specified below.
or to such other designate in writing.
City:
Permittee:
City of Bremerton
City Clerk
345 6th Street, Suite 600
Bremerton, WA 98337
Type C - ROW Permit - Page 2
Permittee;
Location:
Rev 4-8-2003
10/20/2005 11:57
350-473-5398
BREHERTOt'l EHG It'iEERI G
PAGE 05/05
14. Waiver of Default. No waiver of default of either party of any of the terms,
covenants, and conditions hereof to be performed, kept and observed by the other party shall
be construed as, or operate as, a. waiver of any subsequent default of any of the terms,
covenants. and conditions herein contained. to be performed, kept and observed by the other
party.
IN WITNESS WHEREOF, the parties hereto have executed this Permit as of the date
first herein above written.
PERMITTEE:
Dated:
By:
CITY OF BREMERTON
Date:
By:
Mayor
DEPARTMENT APPROVAL:
Public Works and Utilities
APPROVED AS TO FORM:
City Attorney
RECEIVED FOR FILING:
City Clerk
Type C - ROW Permit - Page 3
P9rl1littAA~
LOC<lliQn:
Rev 4-8.2003
~@~
A S
CONSULTANTS, INC.
PROFESSIONAL LAND SURVEYORS
P.O. BOX 930 .3472 N.W. LOWELL "OLD TOWNE" . SILVERDALE, WA 98383 . 360-692-6400 . FAX 360-692-8927
LEGAL DESCRIPTION
R/W PERMIT AREA
JUNIPER STREET
THAT PORTION OF JUNIPER STREET SITUATED WITHIN THE PLAT OF 2ND
ADDITION TO SHERIDAN PARK, AS PER PLAT RECORDED IN VOLUME 8 OF PLATS,
PAGES 74 AND 75, RECORDS OF KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS: .
COMMENCING AT THE INTERSECTION OF THE CENTERLINES OF JUNIPER STREET
AND CLARE A VENUE WITHIN SAID PLAT OF 2ND ADDITION TO SHERIDAN PARK;
THENCE NORTH 87025'29" WEST ALONG THE CENTERLINE OF SAID JUNIPER
STREET 37.14 FEET TO THE BEGINNING OF A 541.65 FOOT RADIUS CURVE; THENCE
ALONG SAID CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 7050'49" FOR
AN ARC DISTANCE OF 74.18 FEET; THENCE SOUTH 10025'20" WEST ALONG A
RADIAL LINE TO SAID CURVE 20.00 FEET TO THE SOUTHERLY RIGHT-OF- WAY
LINE OF SAID JUNIPER STREET AND THE POINT OF BEGINNING; THENCE
WESTERLY ALONG SAID RIGHT-OF-WAY LINE BEING A 561.65 FOOT RADIUS
CURVE TO THE RIGHT THROUGH A CENTRAL ANGLE OF 13017'09" FOR AN ARC
DISTANCE OF 130.24 FEET; THENCE NORTH 66017'31" WEST ALONG SAID RIGHT-
OF-WAY LINE 73.35; THENCE LEA VINO SAID RIGHT-OF-WAY LINE NORTH 23042'29"
EAST 5.00 FEET; THENCE SOUTH 66017'31" EAST 73.35 FEET TO THE BEGINNING OF
A 556.65 FOOT RADIUS CURVE; THENCE ALONG SAID CURVE TO THE LEFT
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FEET; THENCE SOUTH 10~5'20" WEST 5.00 FEET TO THE POINT OF BEGINNING.
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SUBJECT: Ordinance to Adopt the City of Committee Meeting Date: December 13,2006
Bremerton Water System Plan Update COUNCIL MEETING Date: December 20,2006
Department: Public Works and
Utilties
Presenter: Kathleen Cahall, )1
W at~r Resources Mgr blJ.L,-
Phone: 473-2315
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
--.
SUMMARY: Water system planning is essential for the Bremerton Water Utility to meet forecasted
increases in water demands. The Water System Plan identifies present and future drinking water
needs and describes a means to meet those needs in a manner consistent with federal, state, and local
laws. State regulation (Washington Administrative Code 246-290) requires public water systems to
prepare a Water System Plan every six years. The 2005 City of Bremerton Water System Plan
Update meets these requirements.
ATTACHMENTS: 2005 Bremerton Water System Plan Update - Av~ la...lol-e.... ov\. eify We.It>~ l'+~r. '
ct\.t.cl \"'o.Yde-o(Jy 1M.. ~OlJVl~\ I O-M"lt-<:-
FISCAL IMPACTS (Include Budgeted Amount): The Water System Plan includes a 20-year Capital
Improvement Plan for the Water Utility estimated to cost $48 million. Improvements needed to
comply. with federal Safe Drinkin Water Act requ~rements are described in the plan.2.~'" u..,\>~ \c..\ " \evv.s
~v-e.. ''''c.\.~ '\- ~ o..c: n 'c~e..,".
APPROV ALS:
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
~
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT: '~AI ~t,
RECOMMENDED MOTION: It is recommended to move to approve Ordinace #11'110 adopt the
2005 Bremerton Water System Plan.
CONSENT AGENDA
IG;3?
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. 41 q ;)-
AN ORDINANCE of the City Council of the City of
Bremerton, Washington repealing Ordinance No. 4755 and
adopting the City of Bremerton 2005 Water System Plan update.
WHEREAS, the City of Bremerton last updated its water system plan in 1999 by
adoption of Ordinance No. 4755; and
WHEREAS, the City desires to plan for the future and growth in its water system
service area; and
WHEREAS, a water system plan provides a means to meet future water system
needs; and
WHEREAS, the City is required to formally adopt a Water System Plan under
Washington State Department of Health regulations promulgated under Washington
Administrative Code 246-290-100 and Bremerton Municipal Code 15.02.020; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Ordinance No. 4755 is hereby repealed in its entirety.
SECTION 2. Adoption. That the attached City of Bremerton Water System Plan
be adopted.
SECTION 3. Severability. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
, 2006
CECIL McCONNELL, Council President
1
Water System Plan
Approved this
day of
,2006
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
, 2006
,2006
R:\Legal\Legal\Ordinances\Public Works & Utilities\Water System Plan.doc
2
Water System Plan
DATE SUBMITTED: 12-6-06
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
JFOr;:, - 2.. B 4
c t.
bmmmmmaBmDmmmmammmmmmammmmmmmmmammmmmmmmmmmammmmmmmmammmam.ma.Dmmmammmam.mmmD~aDm8mml
SUBJECT: Resolution No. 3D I 'L
establishing Water Efficiency Goals for the
City of Bremerton Water Utility
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
December 13,2006
December 20,2006
Public Works and
Utilties
KatWeen Cahall,
Wai~r Resources Mgr ~
473-2315
Phone:
SUMMARY: Passage of the Municipal Water Law in 2003 provided water utilities with more
flexibility in the exercise of water rights while also establishing water use efficiency requirements. In
response, the Washington State Department of Health is. developing regulations requiring the
governing body of water systems to establish water efficency goals by July 1, 2007. These goals are
to be established through a public process in conjunction with the water system's
Water System Plan. Bremerton is developing its goals at this time to coordinate with the current
Water System Plan Update adoption.
ATTACHMENTS: Proposed Resolution; Bremerton Water Utility Water Efficiency Plan and
Efficiency Goals; Comments Received During the Public Comment Process
FISCAL IMPACTS (Include Budgeted Amount): The Bremerton Water Utility plans to increase
annual expenditures for water efficiency outreach by approximately 0.25 FTf: and $2,00Q for a total ~ W
of approximately $17,000 per year. \"\.....~':. o.d.!~\.\O~ \ ct."l''Q Q"-'Slt ",,"c..~ ,~\~~ H- ~'--.... ~
'too' ~~~.
APPROVALS: ~
DEP ARTMENT DIRECTOR: ca-
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION: Move to pass Resolution No.3 0 I <={ to establish water efficiency
goals. .
I CONSENT AGENDA
i 6. B.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
RESOLUTION NO. 36 ~ Cf
A RESOLUTION of the City Council of the City of
Bremerton, Washington to establish Water Efficiency Goals for the
City ofBremerton Water Utility.
WHEREAS, the City of Bremerton has made a commitment to water efficiency
since the early 1990's; and
WHEREAS, the Bremerton Water Utility and its customers hav.e improved their
efficient use of water since that time; and .
WHEREAS, the City desires to comply with proposed changes to the Washington
Administrative Code 246-290 requiring Bremerton to establish water efficiency goals every six
years as part of its Water System Plan approval; and
WHEREAS, water efficiency goals must describe measurable outcomes in terms
of reduced or maintained water production or usage; and
WHEREAS, the City provided a public forum for water customers and the public
to participate and comment on the water efficiency goals; and
WHEREAS, the City Council has reviewed and considered all comments
received; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The following are the water efficiency goals for the City of
Bremerton Water Utility:
1. Maintain water use per single family household to below 195 gallons per day
on a three year average.
2. Keep maximum day demand less than twice the average day demand on a
three year average.
3. Maintain non-revenue water below 8% on a three year average.
SECTION 2. Water Efficiency Goals may be changed in accordance with
Washington Administrative Code 246-290.
SECTION 3. Severability. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
1
Water Efficiency Goals
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this _
, 2006.
CECIL McCONNELL, Council President
APPROVED AS TO FORM:
ATTEST:
PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
R:\Legal\Legal\Resolutions\Public Works\Water Effenciency Goals.doc
2
Water Efficiency Goals
TO:
CITY COUNCil
FROM:
, 11, j 4
KATHLEEN CAHAll, WATER RESOURCES MANAGER rjjUL~
DECEMBER 8, 2006
REVIEW OF COMMENTS RECEIVED FROM
WATER EFFICIENCY GOAL SETTING PROCESS
DATE:
RE:
Proposed changes to Chapter 246-290 Washington Administrative Code, scheduled to be
finalized by the Washington State Department of Health by the end of the year, require the
governing body of public water systems >1,000 connections to establish water use
efficiency goals prior to July 7,2007. These goals must be designed to enhance the
efficient use of water by the water system and/or its consumers.
Bremerton is conducting its water efficiency goal setting now to coordinate this process
with the current update of its water system plan.
Water efficiency goals must:
. Describe measurable outcomes in terms of reduced or maintained water
production or usage.
. Be set in a public forum that provides opportunity for consumers to participate
and comment.
. Be reviewed by the City Council who will consider all comments received.
. Be updated every 6 years as part of the Water System Plan approval process.
Bremerton is already doing an effective job with water efficiency but still has some room to
improve. The Water Resources Division proposed the following water efficiency goals,
based on a 3-year average:
1. Keep the average water used per single family household to less than 195
gallons per day.
2. Keep maximum daily water used in the entire system less than twice what is
used on the average day.
3. Keep the amount of water used or lost through leaks, fire-fighting, system
flushing, etc. to less than 8% of the total water produced each year.
Since Bremerton is already doing well with efficient water use, these goals aim to maintain
current water-wise actions by customers and the water system. Bremerton also proposes
that these goals be averaged over a 3-year period so that an unusual circumstance in any
one year does not cause a goal to be unachieved.
Public comments on Bremerton's efficiency goals were sought from October 24 through
December 8, 2006. The following public forums were used to solicit input:
· A survey was available in person at the customer billing counter. (8 surveys
received)
· An electronic survey was available on-line on the City's website. (2 surveys
received)
· An Open House was held November 16, 2006 which provided customers one-
on-one involvement with Water Utility personnel on the goal setting process and
to provide input. (8 customers attended, 1 survey received)
· The goals are scheduled to be on the agenda for the December 20,2006 City
Council meeting.
Public outreach methods used to promote the open house and availability of the survey
were:
· Public notice ad (required by regulation) published in the Kitsap Sun for four
days November 2 through 5
· Page on the City's website
· Message on the Utility bill
· Display and flyers in utility billing office
· Comprehensive article in the Kitsap Sun on November 14
· Presentation on Cable Public Access show "Inside Bremerton" aired the week of
November 6
· Notice on Cable Public Access TV bulletin board aired several weeks prior to the
open house 0
· Notices sent to Mayor and City Council
Regulation requires the elected governing body of the water system to review and consider
all comments received. The following were the comments received on the proposed goals:
· Work with largest water customers to conserve water in their facilities.
Response - The Water Utility has worked with the largest water users such as the Naval Shipyard
and the City's wastewater treatment plant and Parks Department to improve water use efficiency.
More work with larger customers is planned.
Customers were asked to rank the goals in importance. Goals #1 and #3 were ranked
close for first and Goal #2 was ranked next.
Based on these comments, it is recommended that City Council accept the water efficiency
goals as proposed.
Other information was solicited in the survey and the data received is summarized and
attached.
City of Bremerton Water Utility
Water Efficiency Goal Setting Survey 2006
Number of Surveys Received: 11
Male: 4
Female: 7
I am a Bremerton Water Customer at my home - 8, business - 0, both - 1, 2 did not respond
All 4 zip codes were represented.
Average length of time as a Bremerton water customer: 16 years
Below are Bremerton Water Utility's proposed water conservation goals. Goals are required to be
measurable outcomes in terms of reduced or maintained water production or usage. In the space provided
to the left, please place a "1" by the goal you think is most important, a "2" by the goal you think second in
importance, and a "3" by the goal you think is third in importance. You are encouraged to add and rank other
water conservation goals you think the City should consider.
2.1 Keep the average water used for a single family household to less than 195 gallons
per day.
1.6 Keep maximum daily water use in the entire system less than twice what is used on
an average day.
2.0 Keep the amount of water used or lost through leaks, fire fighting, system flushing,
etc. to less than 8% of the total water produced each year.
Other goals suggested: None that met the requirements
Comments: One comment was received that recommended we work with our largest customers.
Please check the box that best matches your opinion: 1 = Poor 5 = Excellent
The quality of the drinking water in Bremerton is: 4.3
The taste of the drinking water in Bremerton is: 4.1
The service I receive from the Bremerton Water Utility is: 4.1
The value I receive from the Bremerton water utility is: 3.7
I have low flow toilets.
I take short showers.
I turn off the water when I brush my teeth or while I shave.
I only use the clothes washer or dish washer when they are full.
I have a water-saving washing machine.
I take my car to a car wash that recycles their water.
I use native and/or drought tolerant plants in my yard.
I use a rain barrel.
I water my lawn once per week or less in the summer.
I have a rain shut-off valve on my irrigation system.
I regularly check for water leaks in my home or business.
I conserve water in the following ways (customers were asked to check all that apply):
% of those who responded
45%
82%
91%
91%
18%
45%
45%
9%
73%
0%
45%
Other ways I conserve are:
CIl Save rinse water in a bucket to reuse outside.
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City of Bremerton
Public Works and Utilities
Water Use
Efficiency Plan
Applies to:
Bremerton Main System #08200R
Bremerton West 517 Pressure Zone System #082734
Rocky Point Water District #02052E
Latest revision: December 2006
Table of Contents
Introd uction ..... ........ ............. ........ .......... ............ ........... .................... ............ ...................... ........................ 1
Current Water Use Efficiency Program .............. .......................... ................ ...... ..................... ............... 2
Estimated Water Saved by Bremerton's WUEP over the Last Six years......................................... 5
Water Use Efficiency Goal-setting ;. .................. ................. ................................... ...... ................ ............ 7
Rationa Ie for Goal Setting ................................................................................................................ 7
Water Use Efficiency Measures Implementation and Evaluation .................................................. 9
Public Education .............. ............ ................ ............... ............ ............................ ............ ................. 11
I ndoor Residential.........................................................;........................................................... ....... 12
Outdoor Residential and Commercial..... ................................ ...... ................................................ 12
Indoor Industrial, Commercial, Institutional....... ....... ..... .................. ........... ......... ......................... 13
. Regulatory ......... .............. ............ ........... ......................... ......... .... ....... ........................ ...................... 13
Other Measures ... ......... .......................... ..... .............................. ................. ............ .......... .......... ..... 13
Expenditures for Water Use Efficiency Measures .............................................................................. 15
Water Distribution System Leakage Evaluation..................... ............. .............. .................... .............. 15
Future Reductions as a Result of Water Use Efficiency.................................................................... 16
References............. .................. ......... ...................................... ................................ ............ ...................... 21
City of Bremerton Interim Water Use Efficiency Plan
Introduction
The City of Bremerton owns and operates a Class A municipal water system serving
approximately 52,000 people. Bremerton also owns and operates a non-transient-non-
community water system with a non-resident population of about 400 people.
Additionally, Bremerton sells water to the Puget Sound Naval Shipyard, the Rocky Point
Water District, and the City of Port Orchard. Details of water system management are
described in the City of Bremerton Water System Plan (WSP).
In 2003, the Washington State Legislature passed the Municipal Water Supply - Water
Use Efficiency Requirements Act. The Department of Health is expected to adopt water
use efficiency regulations in late 2006. These regulations will require water systems to
prepare Water Use Efficiency Plans (WUEP).
This WUEP for the City of Bremerton is "interim" to meet the requirements of the 2005
Water System Plan schedule but is being completed before the final requirements of the
regulations in WAC 246-290-800 through 850 take effect. The new regulations will
apply to WSPs submitted.for approval after July 2007.
Water use efficiency is defined by the draft rule as "increasing water supply
efficiency and water demand, efficiency to minimize water withdrawals and water use".
A WUEP documents the policies and activities implemented to minimize supply and
demand inefficiencies and to reduce water withdrawals and water use.
The City of Bremerton has placed an increasing emphasis on water use efficiency
efforts since the early 1990's. The City has expanded its customer program and is
active in regional water use efficiency programs such as the Water Purveyors
Association of Kitsap County (WaterPAK) Water Conservation Task Force and the
Partnership for Water Conservation Puget Sound. Efficient water use benefits the
environment, public health, and economy by helping to improve water quality, maintain
aquatic ecosystems, and protecting water resources.
The draft WUEP requirements for systems serving more than 10,000 connections are:
. Describe the current WUEP
. Estimate the water saved the past six years
. Describe water use efficiency goals and document how they were set
. Describe all water use efficiency measures to be implemented in the next six
years, including schedule and budget
. Estimate projected water savings
. Describe how the water use efficiency program will be evaluated
. Evaluate water distribution system leakage
. Provide an assessment of the water that could be saved through implementation
of water use efficiency measures
City of Bremerton Interim Water Use Efficiency Plan
Page]
How Bremerton is meeting current water efficiency requirements and how new
requirements are planned to be addressed are described in this WUEP.
Current Water Use Efficiency Program
The City of Bremerton values the continued high quality and adequate supply of its
water resources. The City believes that customer education about water quantity and
quality creates awareness which results in improved water use habits. Water use
efficiency can be viewed as a resource, an alternative to developing new water supplies
to meet new water demands. The current objectives of the City of Bremerton Water
Use Efficiency Program are as follows:
. Maintain use per ERU below 195 gallons per day per single family residence (an
estimate of the average use per ERU in Western Washington in 220 gal/day.
. Keep Maximum Day Demand less than twice the Annual Average Day Demand
. Meter every source
. Meter all demands as practicable and provide an estimate for demands that
cannot be metered (such as for flushing and firefighting)
. Maintain the water system to prevent leaks and promptly repair all leaks that
occur and maintain the difference between volume of water produced and
metered water used below 8% on a 3-year average.
. Educate customers about theirwater sources and basic water supply principals
. Encourage a conservation ethic
. Provide tools for customers to reduce water use
. Increase customer awareness of water-use habits and the value of water
. Reduce system wide per-capita water consumption
. Improve system reliability
. Protect environmental resources
. Ensure water use efficiency prior to developing new sources of supply
Under the new requirements, prior to July 1, 2007, Bremerton will have to implement a
public process to have City Council set water efficiency goals considering:
. Historic water use efficiency performance
. Historic water use efficiency investment
. Customer base demographics
. Regional climate variations
. Forecasted demand characteristics
. Water supply characteristics
. System financial viability
. System reliability
. Affordability of water rates
Implementation of the objectives has the potential for water savings on both daily and
peak demand basis, thereby delaying the need to develop costly new resources and
City of Bremerton Interim Water Use Efficiency Plan
Page 2
avoid capital costs. Water use efficiency programs will also be required if a system will
be requesting additional water rights or will be applying for State Revolving Fund loans.
Under the new regulations, the City of Bremerton is required to implement the measures
for a large system (over 10,000 connections). The table below identifies the measures
required for both medium and large public water systems under the previous
recommendations. In addition to these measures; demand has also been reduced by
the 1992 Energy Policy Act which requires efficient plumbing features in new
construction.
Table 1 shows how Bremerton exceeds the recommended water use efficiency program
for public water systems (from "Conservation Planning Requirements" Washington
State Department of Health, March 1994).
City of Bremerton Interim Water Use Efficiency Plan
Page 3
Table 1
Recommended DOH Water Conservation Program
(current requirements effective 1994)
Recommended Implemented by
for Medium Bremerton
A. Public Education Systems
1. School Outreach ./
2. Speakers Bureau ./
3. Program Promotion ./ ./
4. Theme Shows and Fairs ./
B. Technical Assistance
1. Purveyor Assistance ./ ./
2. Customer Assistance ./ ./
3. Technical Studies ./
4. Bill Showing ./ ./
Consumption History
C. System Measures
1. Source Meters ./ ./
2. Service Meters ./ ./
3. Unaccounted Water/Leak ./ ./
Detection
D. Incentives/Other Measures
1. Sing Ie-fa m i Iy /Multi- fam i Iy
Kits ./ ./
2. Nurseries/Agriculture
3. Landscape Management! ./
Playfields/ Xeriscaping ./ ./
4. Conservation Pricing
5. Utility Financed Retrofit ./ ./
6. Seasonal Demand
Management ./
7. Recycling/Reuse
./
Under the new regulations, Bremerton will have to implement or evaluate at least nine
water use efficiency measures.
Bremerton's current program exceeds this requirement as described in Table 3.
City of Bremerton Interim Water Use Efficiency Plan
Page 4
Estimated Water Saved by Bremerton's WUEP over the Last Six Years
A good measure of water savings is to look at use per single family unit (also known as
an equivalent residential unit (ERU)). Bremerton's water use per ERU has been
dropping steadily as indicated in Figure 1. From 1999 - 2004 the use per ERU dropped
from 190 to 184 gallons per day, a 3.2 % decrease. Use per ERU dropped even more
in 2005 due to media attention to the drought.
--~~--_.---------"---------_._--~------~._~_.------------------------------------_._----------~-----------------
City of Bremerton Public Works and Utilities
Equivalent Residential Units
240
220 .~ .
.
.
.
.
.
.
.
.
.
. 1
200
.~
L ~..-....i
___~- -c. ~
~
0::
!:!:! 180
I~
i :!:' 160
c;;
(!)
140
Wetest
__~Su.mmer
Drought
State
Declar~
Drought
120 r---------u--'--~--
100 - ....
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
_ Gal/day/ERU -+- Running Average -+- Average Western WA Use
Figure 1
Bremerton's average water use per ERU from 1999 - 2004 is only 183 gallons per day.
This figure is low compared to the estimated Western Washington average use per
ERU of 220 gallons per day and reflects several characteristics of Bremerton's system
including:
. Small lot size within the City limits
. A much higher percentage of rentals (60%) than the national average (40%)
. 49% of Bremerton's residents are classified as low income
. Much higher sewer rates than the state average
. An active water conservation program.
Table 2 presents the results of Bremerton's water conservation program from 1999
through 2004.
City of Bremerton Interim Water Use Efficiency Plan
Page 5
Water Conservation Goals and Achievements 1999 - 2004
Customer Conservation Indoor I Outdoor Projected Actual
Class Goal Demand Demand Explanation
I Reduction Reduction
\ Bremerton's
conservation
Influence 5% of Use program focus is
accounts Savings of reduced by primarily on this
Single- ( approximately 80,000 gpd customer class
family 700 units) each ./ ./ for an ADD 90,000 gpd resulting in an
for an ADD
homes year to reduce of 2.64 of 2.63 expected response.
their water use MGD MGD There was also a
10% 4.2% reduction
population during
this time.
Influence 5% of Use
the units Savings of reduced by The 4.2% reduction
( approximately 12,000 gpd 110,000 gpd in population would
Multi-family 300 units) each ./ for an ADD have affected this
year to reduce of 0.79 for an ADD customer class the
of 0.69
their water use MGD MGD most.
by 5%
Influence 5% of I Use There has been an
accounts Savings of increased increase in number
( approximately 12,000 gpd by 290,000 of commercial
Commercial 130 units) each ./ for an ADD gpd for an accounts and the
year to reduce of 0.76 ADD of 1.06 WWTP has used
their water use MGD MGD more water for their
by 5% odor control system.
Influence 5% of During the 2001
the irrigation Use drought, a major
accounts Savings of reduced by focus was on
( approximately 6,500 gpd 140,000 gpd reducing irrigation
Irrigation ./ for an ADD resulting in
10 accounts) for an ADD
each year to of 0.43 of 0.30 operational
reduce their use MGD MGD changes, especially
by 5%. with the City Golf
Course and Parks.
Savings of Use
Reduce total reduced by Although asked, the
100,000 gpd
Navy water use by ./ ./ for an ADD 1,070,000 Navy does not have
10% from 1999 of 3.24 gpd for an an explanation for
- 2019 MGD ADD of 2.27 the decreased use.
MGD
Table 2
City of Bremerton Interim Water Use Efficiency Plan
Page 6
Water Use Efficiency Goal-setting
Water efficiency goals must:
. Describe measurable outcomes in terms of reduced or maintained water production
or usage.
. Be set in a public forum that provides opportunity for consumers to participate and
comment.
. Be reviewed by the City Council who will consider all comments received.
. Be updated every 6 years as part of the Water System Plan approval process.
Bremerton is already doing an excellent job with water efficiency but still has some room
to improve. proposed goals were selected to maintain our conservation achievements,
be reasonable to attain, and be easily communicated to our customers.
The following water efficiency goals are proposed for Bremerton:
1. Maintain water use per single family household to below 195 gallons per
day on a three year average.
2. Keep maximum day demand less than twice the average day demand on
a three year average.
3. Maintain non-revenue water below 8% on a three year average.
Rationale for Goal Setting
A large portion of Bremerton's water conservation outreach is to residents and
homeowners. The amount of water used by single family households is calculated
annually and is shown in the chart below:
City of Bremerton Public Works and Utilities
Equivalent Residential Units
I, 230 f--:--,~,"'---
: 220". · ·
,
i 210 ".
I
iffi200"'~
! ~ ~:~~i
I ~ 170
160
150.
140
.
.
.'
:..~~~
, ,State '
Prought Peelared'
__ prought
1994 1995 1996 1997
1 998 1999 2000 2001 2002 2003 2004 2005
-- Gallday/ERU
_ Proposed Goal
-+- Average W. WA Use
_ Linear (No Drought Data)
The average use per single family household in Western Washington is 220 gallons per
day. Bremerton has seen a steady decline in use per household since 1994. The
proposed water efficiency goal of keeping single family household use below 195
gallons per day is 11 % less than the state average and indicates the City's dedication
to maintaining the conservation advances already made.
City of Bremerton Interim Water Use Efficiency Plan
Page 7
Another emphasis of Bremerton's conservation program is to reduce high demands in
the summer by encouraging residents and businesses to use water wisely outside such
as by using recycling car washes and landscaping with plants with lower water needs.
One way to measure increased water use in the summer is to compare the water used
on the peak day with the average amount of water used throughout the year as shown
in the graph below.
._____._____ .______ _..._0_----" ..-
Ratio Maximum Day Demand to Average Day Demand
2.2
2.0
1.8
0
:;:; 1.6
ell
c::
14
1.2
1994 1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006
___ Ratio MDD to ADD - Proposed Goal - Linear (No Drought Data)
c...-.--___--~---~~_.
Bremerton thinks that keeping this ratio below two is a reasonable way to evaluate our
outdoor conservation program. Future conservation outreach will continue to
emphasize prudent outdoor water habits.
In addition to our water customers being efficient with their water, the water system itself
has to be efficient. Bremerton carefully manages its water resources by tracking all the
water it uses through source meters, tracking customer use through individual meters,
ensuring main breaks are promptly detected and fixed, and being alert to other water
losses. Each year we compare the amount of water produced to the amount of water
sold to customers as shown in the chart below.
City of Bremerton Public Works and Utilities
Non-revenue Water
(Water Production V5. Consumption)
1999
2000
2001
2002
2003
2004
2005
= % DIFFERENCE
- Linear (% DIFFERENCE)
City of Bremerton Interim Water Use Efficiency Plan
Page 8
The new water efficiency regulations require that the amount of water lost through
system leaks be less than 10%. Bremerton proposes that the amount of water not
measured by customer meters ("non-revenue" water), which includes leaks, plus water
used for flushing, firefighting, and other non-metered uses be less than 8% each year.
This is more than 20% below the state standard which only addresses leaks.
Since Bremerton is already doing very well in the area of efficient water use, these
goals aim to maintain current water-wise actions by customers and the water system.
Bremerton also proposes that these goals be averaged over a 3-year period so that an
unusual circumstance in anyone year does not cause a goal to be unachieved.
Bremerton's forum for public input to these conservation goals is multi-faceted. In
addition to the public process during City Council approval of the water system plan, a
survey and information was available at:
. the Water Utility billing counter at 3027 Olympus Drive,
. on the City's web page at www.ci.bremerton.wa.us , and
. a public meeting held for November 16, 2006 at 100 Oyster Bay Drive from 6 to
7:30 pm.
Based on the public comment received to date (December 4, 2006), it is anticipated that
these proposed water efficiency goals will not be significantly revised; however, the
public process will not be completed until establishment of the goals by the City of
Bremerton City Council expected on December 20,2006.
Water Use Efficiency Measures Implementation and Evaluation
Table 3 provides the descriptions of components for the proposed water use efficiency
program necessary to meet the new regulations:
. Describe the water use efficiency measures being implemented
. Schedule when water use efficiency measures will be implemented
· Budget for the measures
. Estimate water savings projections by identifying a percentage saving goal
. Evaluation to measure the success of programs
This program will apply to the two water systems owned and managed by Bremerton -
the Main System (#08200R) and the West 517 Zone System (#082734), and to the
system Bremerton contract operates - the Rocky Point Water System (#02052E).
Bremerton's wholesale customers are responsible for developing and implementing
their own WUEPs.
City of Bremerton Interim Water Use Efficiency Plan
Page 9
Table 3
City of Bremerton Water Efficiency Measures
I Efficiency Measure I Schedule I Annual Estimated Annual \ Evaluation
i Budget Water Savings
Education
City's Website I Continuous 5; 500 Count visits
Annual report Annually in the $3,000 Count CCRs sent
Sprino Track calls received
Customer bills showing history Continuous N/A Track number of bills each
cvcle
Brochures Continuous $1,000 Count distribution
Information booth at events, incl, As appropriate $2,000 Track number of visitors
Water Festival
Speakers As requested $ 500 Track attendees
Celebrate Drinkinq Water Week First week in Mav $1 ,500 All the education components Track press and events
Provide give-aways (pens, provide outreach and support the
pencils, pads, magnets, water Continuous $2,500 other efficiency measures, Track give-aways
bottles)
Work with WaterPAK on booths When events
at the Home Show, Kid's Day, $1,500 Track attendees
and the Fair occur
Participate in Partnership for
water Conservation activities Continuous $1,500 Track activities
and promotions
PSE Powerful Choices program 1/yr usually in $2,500 Track students reached,
in the schools Mav teacher evaluation
Indoor Residential
Each fixed leaky toilet saves 10 Track testers given away,
Toilet testers Special promotion $ 500 gallons per day or 3,650 gallons
per vear per toilet survey about use
Special promotion Each toilet replaced will save Survey about toilet
Toilet replacement promotion to begin in 2008 $ 500 approximately 20 gallons per day replacement
or 7,300 qal/vr per toilet
Each properly-installed kit is Track give-aways, track
Indoor kit give-away Special promotion $1,500 estimated to save 10% of indoor
water use or 6,500 oallvL water use, survey
Continuous, plus Supports other residential
"Be a leak seeker" campaign promotion at the $1,000 Track materials distributed
fair efficiency measures,
Leak notification letter As needed $ 500 N/A Track number of
(approx, 350/yr) notifications
Outdoor Residential and Commercial
Spring and $2,000 Difficult to measure as it is
Irrigation Outreach using ET Summer starting (future) a component of the use
in 2007 All measures combined are per ERU
Irriaation brochure Sent in May $ 300 estimated to reduce irrigation use Track number sent
Rain gage give-away Special promotion $1,000 by 5 - 20 %, Track give-aways, survey
use
Demonstration qarden Continuous $ 500
Rain barrel promotion Continuous $ 500 Each rain barrel installed saves Survey about rain barrel
about 600 qallons/vr use
Industrial, Commercial, Institutional
Coordinate oroaram with PSNS Continuous $500 An estimated 10% throuoh 2019 Track PSNS water use
Commercial Irrigation Outreach Spring and 5 - 20% of commercial irrigation Track water through
using ET Summer starting $2,000 use irrigation meters
in 2007
Regulatory
Two tier Water Rate Began in $0 Too early to evaluate Track customer bills
November 2004 affected by the second tier
No water waste in ordinance Continuous $0 N/A Track incidences of waste
Saved 18% of summer use and Track reductions in water
Water Shortage Plan When initiated $0 reducedMDD by 3 MGD in use by customer class
drouaht year 2001
City of Bremerton Interim Water Use Efficiency Plan
Page] 0
Public Education
The following activities are the components of Bremerton's public education activities for
water efficiency:
City Website: The home page of the City's website has a special icon for a quick link
into the water resources section.
Bill Showinq Consumption History: Bremerton's water bills show the past years' water
consumption history in a table as cubic feet. The usage during the same period the
previous year is called out separately for easy comparison.
Annual Report: Each year Bremerton sends out an annual report as required by
regulations requiring a "consumer confidence report" be delivered to each customer
before July 1 st each year. Bremerton includes conservation information in its annual
report.
Brochures: Bremerton has a wide variety of brochures and,fact-sheets on many water
conservation topics including leak detection, water wise gardening, rain barrels, etc.
located in public places throughout the service area.
Give-aways: A variety of give-aways remind customers about the importance of water
conservation such as: pens, pencils, magnets, and notepads with a conservation
message and phone numbers/web sites. Some give-aways actually help them
conserve such as rain gages, low flow shower heads, toilet testers, and toilet saver
bags.
Celebrate National Drinkinq Water Week: Activities include a proclamation by the
Mayor, displays at area libraries, conservation bucket give-away, and Bremerton Kitsap
Access Television water film fest.
Speakers Bureau: The City targets teachers, students and youth groups in various
programs. Bremerton provides classroom visits, video library and brochures about water
resources and conservation to schools in its service area. These educational
opportunities are advertised in the "Enviroguide: Environmental Education Resources in
Kitsap County", which has been provided to elementary, secondary, high school and
home-school educators throughout the county annually since 1998.
Theme Shows and Fairs: The City has portable displays which are used at local theme
shows and fairs promoting the use of water efficient practices and devices, describing
the sources of drinking water and promoting efficient use of our remarkable water
resources. At some events, the display is accompanied by a staff member dressed in a
costume of Splash!, our waterdrop mascot. Additionally, the City assists with the annual
Kitsap Water Festival, which provides a day of water learning and fun to 1,000 4th grade
City of Bremerton Interim Water Use Efficiency Plan
Page J J
students. At the event, the City provides displays and classroom sessions about water
resources and water conservation.
Water Purveyors Association of Kitsap (WaterPAK): Participate in WaterPAK
conservation task force and Water Conservation Coalition of Puget Sound (WCCPS):
These groups provide a presence at community events, PSAs in newspaper, radio, and
TV, and WCCPS has a website.
Puqet Sound Enerqy's (PSE) Powerful Choices Proqram: This th grade classroom
program consists of 4 days with a focus on water, air, land, and energy. Bremerton pays
a portion of the costs of the program.
Indoor Residential
"Be a Leak seeker!" Campaiqn: Customers are encouraged to check for and fix leaks in
their home. Campaign is promoted through brochures, displays, and the WaterPAK
Kitsap County Fair booth.
Toilet Testers: Bremerton supplies toilet leak detectors at the front counter and at
special events.
Toilet Replacement Promotion: Customers with older toilets are encouraged to replace
them.
Indoor Kit Give-away: Indoor kits are handed out after having the customer sign a
pledge and allowing us to access their water use records.
Leak Notification: Should a customer's bill have unusual consumption, a letter and leak
brochure are sent.
Outdoor Residential and Commercial
Landscape Manaqement: The City sends a brochure annually in the spring to irrigation
customers to promote maintenance of irrigation systems and efficient watering
practices. In 1996 the City installed and has maintained a water conservation
demonstration garden at the public works and utilities facility. A brochure describing
waterwise gardening practices and a list of the plants is available at the billing office at
the facility. Bremerton has plans to provide area-specific ET information on the internet.
Rain Gaqe Give-away: Rain gages are distributed with information to encourage
waterwise gardening.
Demonstration Gardens: Demonstration gardens are located at the Utility's office at
Olympus Drive and at the Givens Center in Port Orchard. Other smaller "pocket"
gardens are being planned.
City of Bremerton Interim Water Use Efficiency Plan
Page 12
Rain Barrel Promotion: In 2001, Bremerton led a county-wide promotion on rain barrels
with 1,000 sold. Now the focus is to encourage customers to build or purchase their
own. The local Kitsap Lumber provides the kits at a reasonable cost.
Indoor Industrial, Commercial, Institutional
Coordinate with PSNS: PSNS is Bremerton's largest water consumer and uses about a
third of the water produced. They are currently proceeding with an in-depth water
conservation audit.
Regulatory
No Water Wastinq Ordinance: Bremerton Municipal Code 15.02.200 states, "Any
person or owner receiving water service shall not waste water, or allow it to be wasted,
by imperfect or leaking stops, valves, pipes, closets, faucets, or other fixtures, or to use
the water for purposes other than those named in the application. Violation shall
constitute grounds for the discontinuation of water service. (Ord. 4309 S2 (in part),
1991) .
Water Shortaqe Continqencv Plan: Last was implemented in 2001. Customers
responded appropriately and saved 18% of their previous summer's demands.
Conservation oricinq: Bremerton has a two-tiered water pricing structure to encourage
conservation.
Other Measures
Recvclinq/Reuse: Water reuse is the beneficial use of reclaimed wastewater treatment
plant effluent in compliance with Washington Departments of Ecology and Health
regulations. Bremerton currently uses reclaimed secondary wastewater effluent to
irrigate inside the wastewater treatment plant grounds and at a neighboring business.
Approximately 130 gpm is used for in-plant uses and an additional 120 gpm are used
for irrigation in the summer months for an annual total of 88 MG/year. A "Water Reuse
Feasibility Study" completed in 1998 identified the potential demands for and costs to
provide additional reclaimed water to potential users in the Bremerton area.
Bremerton's wastewater has higher than average saltwater from collection system
infiltration and Puget Sound Naval Shipyard inflow making reuse possibilities
challenging. A 2005 County-wide reuse study indicated that Bremerton had the least
potential for large-scale reuse and recommended grant funding be focused at other
locations with more feasible reuse opportunities. The City is currently evaluating the
next step to take in reuse.
City of Bremerton Interim Water Use Efficiency Plan
Page ] 3
Evaluation of Conservation Programs
Every communication effort can benefit from being evaluated. Evaluation can help a
current communication effort achieve its objective and make future efforts more
successful. Each strategy for Utility communications presented in Table 2 has
suggested methods for evaluation.
Evaluation methods Bremerton currently employs include:
. Counting the number of brochures distributed. Are some brochures or topics more
popular than others? Are some distribution methods or locations more popular than
others?
. Track the number and kinds of customer phone calls received. What issues are
important to those who take the time to call?
. Track the number of visitors to a booth or at an event. Are some events more popular
than others?
. Review news reports in response to a news release or interview. Did press releases
generate the desired coverage? Was the information published what was intended?
Where in the paper was the article?
. Track City web site visits. Which pages are more popular?
. Track water use. Are customers responding to conservatjon methods? In the summer
of 2001 all customer classes (with the exception of PSNS) reduced water use an
average of 18% in response to extensive increase of customer outreach requesting a
voluntary 10% water reduction.
More involved evaluations can take the form of surveys. For a survey to be truly meaningful, it
needs to be performed on a random sample, with an adequate number of respondents,
containing appropriately-worded questions. Simple questionnaires can be used to get general
information as long as the results are used carefully.
The City has performed surveys as an integral part of some projects. In 1993 when the City
was required to perform customer tap sampling for compliance with the Federal Lead and
Copper Rule, a written survey was performed. Additionally, when customers received indoor
conservation kits for the technical study, a survey was performed. The surveys have assisted
the City with determining attitudes towards water use efficiency, service, cost and the optimum
methods to use to communicate with customers. The City will continue to perform surveys of
customers.
The City was the coordinator of a county-wide study to determine the effectiveness of single-
family indoor conservation kits. Over 2,000 kits were distributed countywide, with the City
distributing 650 kits. Water usage data of 140 customers before and after kit installation was
collected from seven participating water purveyors, including Bremerton. The study determined
that, on average, a 10% water savings was experienced by the study group during the winter
months. This study provided local data to be used when promoting kits.
City of Bremerton Interim Water Use Efficiency Plan
Page 14
Expenditures for \Nater Use Efficiency Measures
Bremerton budgets funds to be used for water conservation and other water public outreach.
The amounts spent in past years and the proposed amount to be budgeted in the future are in
Table 4.
Table 4
Bremerton Expenditures on Customer Water Use Efficiency Activities
Year Full-time Equivalent Supplies and Services
Employees
1995 0.28 $5,000
1996 0.23 $5,293
1997 0.35 $5,369
1998 0.28 $3,936
1999 0.26 $5,978
2000 N/A N/A
2001 (drouqht) 0.28 $14,241
2002 0.11 $8,391
2003 0.15 > $8,151
2004 0.07 $8,369
2005 0.12 $5,000
2006 0.10 $17,600
Water Distribution System Leakage Evaluation
The draft newwater efficiency regulation requires that water distribution system leakage
may not exceed 10% of total water produced and purchased (using a rolling 3-year
average). Compliance will begin in 2010 and will be based on data from 2007 - 2009
(details may change when the regulation is finalized).
Leakage is defined as water loss from the system that is not metered and not used for
authorized purposes such as for flushing and fire-fighting.
Bremerton is a fully-metered system. All sources are metered and all pump stations are
metered to track flows in the distribution system. All customers are metered.
Bremerton also meters the fire training center and construction hydrant meters. There
are two locations in the service area to fill tanker trucks at no cost that are metered.
Each year Bremerton calculates the difference between gallons of source water
produced and metered water to customers. This difference has been called "non-
revenue water" and it includes authorized non-metered water such as for flushing and
firefighting as well as leaks and unauthorized water use. Non-revenue water for the
past 6 years is shown in Figure 2.
City of Bremerton Interim Water Use Efficiency Plan
Page] 5
City of Bremerton Public Works and Utilities
Non-revenue Water
(Water Production vs. Consumption)
10% _, i 9.5
9% +_______ __.______________________________.___..__u....__ -.-- .---- ~u.._.______._____________.___.____ --.--" ---.-- --'---.' 9.0
I i
8% _1._____._... _uu___....____ -------------- _____.__.____...______n_._______ ---------.--.--.--.------..------ ..-.---------:j 8.5
7% -i _ ____------------.--.-------.------n-----.------.--------! 8.0
6% 1- -J=l.-.;:--.- __ i
, - - -I 7.5
% 50;' ~ - -.. __m.... '0-- .-1 ~ ---- ----' 1
40:' I-=-t =-=-=.:... -= - -.. --~--.:-:-::.:""-----~: -.. ----------- ---'--- .._:==1 7.0
3% ;-__ _____ -----.-------=1 6.5
2% i--- ------.-------.----j 6.0
1% 1'-- .-~~--------~! 5.5
0% _L I 5.0
1999 2000 2001 2002 2003 2004 2005
M
G
D
c:::::=J % DIFFERENCE
Figure 2
_PRODUCTION (MGD)
. .. . CONSUMPTION (MGD)
The average non-revenue water for Bremerton form 2000 - 2005 is 4.7% or
approximately 130 million gallons per year. Because this difference has been
consistently well-under the 10% standard for leaks, Bremerton is not required to have a
water loss control plan. The annual components of the non-revenue water are
estimated to be:
Annual system flushing
Chlorine/pH analyzer flow to waste (6 locations @ 2 gpm)
Firefighting
Water theft
Meter inaccuracy
Leaks in the transmission AND distribution systems
Annual Average Total Non-revenue Water
11 MG
6 MG
2 MG
1 MG
10 MG
130 MG
130 MG
Future Reductions as a Result of Water Use Efficiency
Water demand is measured through the approximately 16,800 service meters located at
each customer's connection to the City's system. All services are metered. Navy
contracted meters are read monthly and Water Utility personnel read the other
residential and commercial meters every other month. Average day demand for the five
years 1999 through 2004 is 7.7 MGD.
Maximum day demand (MOD) is defined as the highest amount of water used in a
single day in the calendar year. This usually occurs in the summer as a result of
increased outdoor use. For Bremerton, this data is estimated using source production
meters. The ratio of MOD to ADD for the past five'years range from 1.76 to 1.94 which
City of Bremerton Interim Water Use Efficiency Plan
Page 16
is in the expected range for Washington water systems. Forecasted MOD were
calculated using a peaking factor of 2.0.
City of Bremerton
Water Demands
18 -
16 - -~--------
14 __6:..~:9~_
12
o 10
C)
~ 8 ---
6-
4 --
2 ----
o
7-19-00
- '-'-~~I~: . - i:2:?:o2'-------a:6-03----- 7-18-04
1999
2000
2001
2002
2003
2004
~AOO
oMDO
Figure 3
City of Bremerton
6-yr Average Water Use by Type of Use
ADD = 7.70 MGD
Single Family
Residential
35%
Non-re\€nue
water
6%
Irrigation Commercial/
5% non-residential
12%
Figure 4
City of Bremerton Interim Water Use Efficiency Plan
Page ] 7
Navy properties include the Puget Sound Naval Shipyard (PSNS), Jackson Park
Housing complex, the Navy Hospital, and several other smaller accounts. The largest
demand in the entire system is PSNS which has a water demand of about 2 MGD.
Historically, the Navy has had a significant effect on Bremerton's water system. It was
due to increases in workload at PSNS and the resulting increase in Bremerton's
population that water demands skyrocketed during World War II. Within PSNS the
water uses are industrial/commercial use (64%), shipboard use (18%), steam
production (13%), and residential use (5%).
There are approximately 1,400 non-residential water accounts in the Bremerton service
area consisting of commercial, government, and industrial entities. Other large non-
residential water users include the two area hospitals and the City's wastewater
treatment plant. The majority of businesses consist of office-based businesses,
restaurants, medical facilities, automotive shops, and services (dry cleaners, beauty
shops, etc.).
As the population grows and commercial/industrial development occurs, demands on
the water system will increase accordingly. Water systems are required to prepare two
forecasts: one forecast without conservation and one forecast showing the expected
reduction from implementation of a water use efficiency program.
For the "without conservation" forecast, average day system demands were estimated
assuming a continuation of the existing residential per capita demand and using
population projections, and water use projections provided by the Navy and for planned
commercial/industrial development. Annual average demand projections were based
on the following approach:
. Residential demands for single family housing were calculated by increasing the
2004 residential demand of 2.63 MGD by the same percentage as the projected
population increases. Additional demands were reduced by 5% to account for
implementation of mandated reduced flow plumbing fixtures in new construction.
. Multi-family units forecasted demands were calculated the same way as single-
family units.
. The non-residential demands for commerciallindustrial development was
calculated by increasing current demands by the same rate as population growth
and then adding the increased demands of proposed large developments to the
existing commercial/industrial demands.
. Demands for PSNS were expected to reduce from implementation of their
planned conservation program. Jackson Park Housing is built-out. Demands for
the entire Navy contracted water use were estimated to be 2.34 MGD by 2019.
. Irrigation demands for customers with separate irrigation meters were calculated
to increase at the same rate as the growth in commercial/industrial use.
A separate average day demand forecast was calculated "with conservation" taking
projected water use efficiency reductions into account as follows:
City of Bremerton Interim Water Use Efficiency Plan
Page 1 8
. Single family residential- reach 5% of accounts (approximately 700 units) each
year for the next 10 years and they reduce water consumption by an additional
10%. This includes reductions in both indoor and outdoor use. Since estimates
indicate Bremerton has previously reached 30% of customers, by the end of the
next ten years, 80% of single-family customers will have been reached and
influenced to conserve 5%.
. Multi-family residential - reach 5% of the units (approximately 300 units) each
year for the next 10 years and they reduce water use by 5%. Opportunities for
water use reduction are more limited with multi-family dwellers.
. Commercial _ reach 5% of accounts (approximately 130 units) each year and
they reduce water use by 5%. This includes only indoor use.
. Irrigation _ reach 5% of the irrigation accounts (approximately 10 accounts) each
year and they reduce use by 5%. In 2010 begin using reclaimed water at
Pendergast Park.
. Navy properties - reduce total. water use by 10% over the 20-year planning
period.
. After 2010, focus water use efficiency efforts on preserving the water use
efficiency behavior of the 80% of the accounts previously reached. This
approach assumes that some customers will be resistant to water use efficiency
actions.
Table 5 and Figure 5 present the current water use forecasts.
Table 5
Cuy of Bremerton Main System ..nd Contracted Water Sales
Historical (shaded) and Forecasted Water Use by Type of Use in MGD
Slnole ramll Multil8mlly (;ommercl;:l1 'm allon NavI/C.onlrac15 Non-revenue Wale Rocky Point Average Day Maximum
Water Cltyof PorI Demana Day Demand Average Day MaXImum Day
Year w,..,." "'"'" "" District Orchard WlII'lOUt Without Demand \^i\th Demand With
(;<>n<...._O (H"lo............ c;.>M......_ C<>nI......,.,., (.""......,- c.....""_"" ""'-"",.., r;.ono...."'" c""'....."...... (;ono...."", Cb"oI.....oon Contract Conservation Conservation
Contract Conservation Conservation
10. .2.54 .N 0.62 NA 0116 ...NA 0.20 NA 270 ~ NA 0.54 NA ~ 0.12 0.08 . 7,'00 13.46
.., .2000 2.51 N 0.00 N 0.88 :m ,0.22 NA 2.51 -NA 0.71 NA 0.12 . 0.13 ... 7.87 13.00
2001 232 N 0.76 ~.NA ..0.86 0.16 NA 2.62 NA 0.52 NA 0,10 . 0.00 7.38 .11.56
2002 '-. 2.55 0.77 ' ,'NA 0.06 0.Z3 -:c NA 2.35 ' NA 022 0.12 ,0 . .'.7:14 14.30
2003 2.48 N 0,71 N 0.g1 -:-NA 028 NA 2.AO NA 0.20 NA '0.13 004 c. 7.24 14,50
253 N 0.69 NA 1.00 NA 0.30 N 221 N 0.30 NA 0.13 005 7.43 .~ 14.88
2005 2.77 2.80 0,74 0.74 113 1.13 0.32 0.32 2,23 2.28 044 045 013 0.05 7.91 15.82 781 15,63
2006 285 2.88 0,76 0,76 1.16 1.17 0,33 0,33 210 2.28 045 046 014 010 8,12 16.24 7.98 15.95
2007 2.92' 2.ll6 0.77 0.78 1,21 1.22 0.34 0.34 2.14 2,29 047 048 0,14 0.25 8,47 16,93 8.24 16,48
2008 2gel 3.04 079 080 1.25 1.26 0.35 035 2,10 230 0,47 0,49 014 0.25 8.63 17.27 8.34 1f.67
2009 304 3,12 0.81 082 1.29 1.31 0.36 0.36 205 2.31 048 050 0.14 025 881 17,62 8.42 15.85
2010 310 3.20 0.81 0.84 1,33 1_35 0.36 0.37 206 2,31 048 0,51 015 0.25 8.98 17.~ 854 17.08
2011 315 327 0.84 0.86 1.37 1.39 037 038 2.06 2.32 0,49 0.52 015 0,25 9,15 18.29 8.69 17,37
2012 3,22 3.35 086 0,88 1.45 1.48 0.38 0.39 207 2,33 050 0,53 0,15 025 9.37 18,73 880 17.77
2013 3,27 343 0.88 0.00 153 1.57 0,39 040 2.08 2.34 0.51 054 0,15 0,25 9.59 1917 9.07 18,13
2014 3,33 351 000 0.93 161 1.86 OAO 041 2,08 234 0,52 056 015 0.25 9.81 19,62 925 18.51
2015 340 358 0.92 0.05 1,70 1.75 0,41 0,42 200 235 0.54 0.57 0,16 0.25 10,03 2006 ;47 18,94
2016 348 3.66 094 0,97 1.73 1.83 0,42 0.42 210 2,36 054 058 016 0,25 10.24 2047 9,62 19.23
2017 3.55 3,74 0.ll6 0" 1.85 1.00 043 043 210 2.37 0.56 0.59 (j,16 0.25 1044 20.87 9.87 19.73
2018 362 3.82 008 1.01 1.94 1." 0.43 0.44 2,11 2.37 0.57 0,60 0.17 0.25 10.66 21.31 1C1.D8 20,16
2019 370 3,S9 1.00 1.03 2.01 2.07 0.44 0,45 2.12 238 0.58 0.6'1 017 025 -. 10.86 21.73 10.27 20.54
2020 3.77 3,97 1.02 105 209 2.15 0.45 0.46 2.12 2.39 0.59 0.63 0.17 0.25 11.07 22,15 10,47 20.95
2021 3.84 4.05 104 1.07 2,18 2,24 046 047 2.13 2.AO 0.61 0.64 0,17 0.25 11.29 22.59 1069 21.38
2022 3.02 4.12 1.06 1.09 2.25 2.31 047 048 214 246 0,62 0,65 016 0,25 11.49 22,98 ,0.88 21.76
2023 3,99 4.20 1.08 1.11 234 2.40 0.48 04. 2.14 241 0.63 0.66 0.18 0.25 11.71 23,42 11.09 22,1~
2024 4.00 4.27 1.10 1.13 2,42 248 0,49 0,50 2.15 2.42 064 0.67 018 0.25 11.91 2383 11.29 22.58
City of Bremerton Interim Water Use Efficiency Plan
Page] 9
City of Bremerton Historical Water Use and Demand Forecast
5
1999 2001 2003 2005 2007 2009 2011 2013 2015 2017 2019 2021 2023
25
>-
III
o
~ 15
Gl
0.
f/!
C
.2
;;;
C)
c
~ 10
:E
o
-+- Average Day Demand Without Conservation -+- Maximum Day Demand Without Conservation
__ Average Day Demand With Conservation -- Maximum Day Demand With Conservation
Figure 5
Annual Performance Reports
Beginning in 2008, Bremerton is required to develop annual water use efficiency reports
by July 1 and must send the reports to DOH, the consumers, and anyone who requests
them, and make the reports available to the public. Water use efficiency performance
reports must include:
. Total annual water production
. Annual water distribution system leakage totals
. A description of Bremerton's water use efficiency goals, including a schedule for
achieving the goals and a narrative of progress toward achieving the goals
Bremerton plans to include this information in its annual consumer confidence report. A
template for this report is in the appendix to the WUEP.
City of Bremerton Interim Water Use Efficiency Plan
Page 20
References
"Conservation Planning Requirements: Guidelines and Requirements for Public Water
Systems Regarding Water Use Reporting, Demand Forecasting Methodology, and
Conservation Programs", Washington State Department of Ecology and Washington
State Department of Health, Health Publication #331-008, March 1994.
Handbook of Water Use and Conservation, Amy Vickers, Water Plow Press, 2001.
"Water Conservation Plan Guidelines", United Stated Environmental Protection Agency,
Office of Water (4204) Washington DC 20460, EPA-832-D-98-001, August, 1998.
Water System Plan Update, City of Bremerton, 2005.
Washington Administrative Code Chapter 246-290 Section 8 (6-16-05 draft)
City of Bremerton Interim Water Use Efficiency Plan
Page 21
Appendix
Suggested format for annual Water Use Efficiency Reports:
Water Use Efficiency Performance Report for 200#
Efficient water use benefits the environment, public health, and economy by helping to improve water quality, maintain
aquatic ecosystems, and protecting water resources. The City of Bremerton has emphasized water use efficiency efforts
since the early 1990's. The City has an extensive conservation program for customers and is active in regional water
use efficiency programs such as the Water Purveyors Association of Kitsap County Water and the Partnership for Water
Conservation Puget Sound.
200# Total Annual Water
Production
200# Water Distribution
Leakage
Goal
Maintain water use.per
single family residence to
below 195 gallons per day.
Keep maximum day demand
less than twice the average
day demand.
Maintain non-revenue water
below 8% on a three year
average (leakage is a subset
of this value).
## Million Gallons
## Million Gallons per Day
## 0'
10
Where the Water was Used in 200#
City
46%
Port Orchard
<1%
Bremerton's Water Use Efficiency Goals
How Goal Was Met in
200#
City of Bremerton Interim Water Use Efficiency Plan
Water use per single family
resident was ### gallons per
day.
Maximum day demand was
## times the average day
demand.
Non-revenue waster was
##% of the total water
produced.
Comments
Goal was met - Great job by our customers!
Average water use per single family residence in
Western Washington is about 220 gallons per day.
Goal was met - Great job by our customers!
The highest water use day was ###, 200# when ##
million gallons per day was used.
Goal was met - Great job by the water system!
Proper operation and maintenance keeps leaks and
water loss to a minimum.
For more information on how you can save water in your home or business, visit www.ci.bremerton.wa.us or call 473-
5920.
Page 22
DATE SUBMITTED: 12-06-06
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Jf 6~ -2<35
II """ """"""."" D II II """"" II II II. D .""" II """""""""""" """ II """"""""" D """"""""" D" D ~D '"
,vo. 4't q,3
SUBJECT: Aniendments to Ordinance No. Committee Meeting Date: 12-13-06
4979 which amended the Fiscal Year 2006 COUNCIL MEETING Date: 12-20-06
Budget for the City as originally adopted by Department: Financial Services
Ordinance No. 4959. Presenter: Laura Lyon
Phone: 473-5722
SUMMARY: The Bremerton City Council adopted the 2006 annual City budget by'Ordinance No.
4959 on December 7,2005 which was then amended by Ordinance No. 4979 on September 20,2006.
Certain programs have been implemented and actions taken since the September amendment which
have an impact on the City's 2006 budget resulting in the need to further amend the 2006 budget
document.
ATTACHMENTS: Ordinance and Discussion Memo with attached fund recaps.
FISCAL IMPACTS (Include Budgeted Amount): The attached discussion memo and supporting
schedules provide the net fiscal impact to each fund for the proposed changes.
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to approve Ordinance No. 4q ~ 3 amending Ordinance No. 4979 which amended the Fiscal
Year 2006 Budget as originally adopted by Ordinance No. 4959.
APPROVALS:
DEP ARTMENT DIRECTOR'
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
CONSENT AGENDA
. .?..' r>'
'tv d.
c:1'ff;f-^"
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
ORDINANCE NO. 4 9 ~ 3
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Ordinance No. 4979 which
amended the Fiscal Year 2006 Budget as originally adopted by
Ordinance No. 4959.
WHEREAS, the City Council passed the Fiscal Year 2006 City Budget
Ordinance (Ordinance No. 4959) on December 7,2005; and
WHEREAS, the City Council subsequently amended the FiscahYear 2006
City Budget (Ordinance No. 4979) on September 20,2006 to provide for certain programs
and actions taken up to that point requiring amendment to the 2006 budget; and
WHEREAS, the City Council has previously amended the budget by various
motions and resolutions subsequent to September 20,2006 which require a formal
amendment by Ordinance; and
WHEREAS, several City Departments and Funds are experiencing or
anticipate additional expenses as well as additional revenues due to grant awards and
performance of reimbursed work, and
WHEREAS, several City Departments and Funds are experiencing or
anticipate additional unreimbursed labor expense associated with overtime work needed to
cover manpower shortages due to overlapping long term disability cases and changes in
actual work assignments from those originally planned in the 2006 budget; and
WHEREAS, the labor set aside budget in the General Fund Non Departmental
for retirement costs which will not be expended in 2006 should be reduced; and
WHEREAS, certain reclassifications of revenue and expenditures are required
to properly reflect budget categories in a manner consistent with actual transactions as
classified in accordance with Generally Accepted Accounting Principles; and
WHEREAS, each ofthese actions has an impact on the City of Bremerton's
FY 2006 Annual Budget resulting in the need to further amend the budget document; NOW
THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Ordinance 4979 amending the City of Bremerton's 2006 Budget
passed by the City Council on September 20, 2006 as originally established by Ordinance
No. 4959 on December 7,2005, is hereby further amended as follows:
1
2006 Final Budget Adjustment
2006 Budget Final
as Amended by Net 2006
Fund No. Ord No. 4979 Adjustments Budget
001 General Fund
City Council $ 278,943 $ 2,258 $ 281,201
Executive 288,086 1,288 289,374
Financial Services 1,309,365 1,493 1,310,858
Legal 590,468 1,226 591,694
Human Resources 404,284 3,314 407,598
Community Development 1,115,355 5,095 1,120,450
Municipal Court 910,116 2,879 912,995
City Auditor 132,096 132,096
Law Enforcement 9,113,450 68,623 9,182,073
Fire/Emergency Medical 6,433,521 62,916 6,496,437
General Facilities 989,085 7,391 996,476
General Parks 2,795,549 57,624 2,853,173
Engineering 460,977 99,674 560,651
Economic Development 124,282 50,000 174,282
Non-Departmental 5,815,537 (122,978) 5,692,559
Ending Fund Balance 2,591.392 27 2,591,419
Total General Fund $ 33,352,506 $ 240,830 $ 33,593,336
101 Arterial Street 12,974,445 12,974,445
102 Street 2,953,212 ,99,500 3,052,712
103 Contingency Reserve 5,135,596 5,135,596
104 Civic Improvement 360,671 360,671
105 Parking System 2,382,057 2,382,057
106 Community Development B'lockGrant 4,702,093 4,702,093
108 Abatement Revolving 101,873 101,873
110 Police Special Projects 294,335 294,335
113 Public Access Television 329,275 329,275
114 Gift & Donations Fund 93,252 93,252
116 Trial Improvement 9,600 9,600
117 One Percent for Arts 82,118 82,118
120 Conference Center Operating 1,915,276 110,000 2,025,276
201 Bond Fund 2,395,069 2,395,069
202 LID Guaranty 61,944 61,944
301 Conference Center 56,869 56,869
302 Public Safety Bond 6,990,126 6,990,126
303 Harborside Park 6,531,005 250,000 6,781,005
305 Government Center 14,207 14,207
308 General Government Capilallmprovement 2,634,018 200,000 2,834,018
309 Pedestrian/BTC Access 2,280,919 2,280,919
310 Park Facilities Construction 1,491,146 1,491,146
311 Boardwalk Project 603,250 603,250
401 Water Utility 15,462,849 15,462,849
407 Gold Mountain Golf Complex 3,898,392 98,700 3,997,092
451 Wastewater Utility 17,110,620 17,110,620
481 Stormwater Utility 2,485,677 2,485,677
499 Utility Debt Reserve 564,374 564,374
503 Risk Management 2,936,401 2,936,401
510 Equipment Rental Reserve 6,575,676 6,575,676
511 Information Services 1,038,938 1,038,938
601 Police & Fire Pension 2,420,959 2,420,959
Total All Funds $ 140,238,748 $ 999,030 $ 141,237,778
2
2006 Final Budget Adjustment
SECTION 2. Severabilitv. If anyone or more sections, subsections, or sentences of
this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Ordinance and the same shall remain in full force and
effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten (10)
days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2006
CECIL McCONNELL, Council President
Approved this
day of
,2006
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
PAULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attorney
day of
day of
,2006
,2006
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
R:\LEGAL\Ordinances\Finance\06 final amending budget ordinance. doc
3
2006 Final Budget Adjustment
Attachment A - Ordinance No.
2006 REVENUE SOURCES - ALL FUNDS
Year End
12/5/2006
BEG LIe. INTER- CHARGES FINES 2006
2005 FUND AND GOV'T FOR AND OTHER TOTAL
FUND BUDGET BAL. TAXES PERMITS REVENUE SERVICE FORFEITS REVENUE BUDGET
General Fund:
City Council 74,923 77,747 77,747
Executive 99,482 113,993 113,993
Financial Services 3,802,917 3,593,000 339,125 332,836 5,000 4,269,961
Legal 145,789 149,867 149,867
Human Resources 113,757 130,665 130,665
Community Development 813,500 394,600 441,700 836,300
Municipal Court 737,950 277,900 476,300 25,000 779,200
City Auditor 34,655 41,214 41,214
Law Enforcement 639,422 27,950 501,636 106,100 18,000 13,000 666,686
FirelEmergency Medical 1,425,700 900,111 16,009 594,682 1,000 4,000 1,515,802
General Facilities 78,884 87,884 243,000 330,884
Parks 606,080 523,600 184,521 708,121
Engineering 25,000 80,000 500 80,500
Economic Development 0 50,000 50,000
Non-Departmental 19,404,626 16,714,228 104,077 572,70} 12,000 2,898,123 20,301,131
Beginning Fund Balance 2,426,159 3,541,265 3,541,265
Total General Fund 30,428,844 3,541,265 21,207,339 945,752 1,140,348 2,890,688 495,300 3,372,644 33,593,336
Special Revenue Funds: .
Arterial Street 18,109,700 8,511,945 4,382,500 80,000 12,974,445
Street 2,625,619 303,663 300,000 630,000 302,750 1,516,299 3,052,712
Contingency Reserve 2,602,125 2,260,596 2,875,000 5,135,596
Civic Improvement 265,350 81,671 275,000 4,000 360,671
Parking System 2,171,477 301,557 1,500 309,000 1,770,000 2,382,057
Comm. Dev. Block Grant 3,901,759 1,419,387 3,081,706 180,000 21,000 4,702,093
Abatement Revolving Fund 293,417 61,873 20,000 20,000 101,873
Police Special Projects 269,390 194,335 24,000 76,000 294,335
Public Access Television 227,926 43,073 40,161 107,241 137,300 1,500 329,275
Gift & Donation Fund 102,201 83,887 9,365 93,252
Trial Improvement 0 9,600 9,600
One Percent for Arts 0 82,118 82, 1I8
Conference Center Oper 1,274,289 84,642 1,300,634 640,000 2,025,276
Total Spec. Rev. Funds 31,843,253 13,346,629 615,161 0 8,211,047 1,942,184 333,000 7,095,282 31,543,303
Debt Service Funds:
Bond Fund 3,842,347 327,269 1,055,100 1,012,700 2,395,069
L.I.D. Guaranty 47,144 47,144 14,800 61,944
Total Debt Service Funds 3,889,491 374,413 1,055,100 0 0 0 0 1,027,500 2,457,013
Capital Improvement Funds:
Conference Cnt. Capital 1,215,826 15,313 41,556 56,869
Public Safety Bond 8,192,672 5,708,376 1,281,750 6,990,126
Harborside Park 1,500,037 39,024 5,771,190 970,791 6,781,005
Government Center 50,694 13,931 276 14,207
General Govt Cap Imp 2,501,122 1,484,918 1,100,000 249,100 2,834,018
Pedestrian/BTC Access 4,372,525 (219,081) 2,500,000 2,280,919
Park Facilities Construction 563,797 30,837 432,000 1,028,309 1,491,146
Boardwalk Project 0 603,250 603,250
Tot. Cap. Proj. Funds 18,396,673 7,073,318 1,100,000 0 8,703,190 0 0 4,175,032 21,051,540
Attachment A - Ordinance No.
2006 REVENUE SOURCES - ALL FUNDS
Year End
12/5/2006
BEG Lie. INTER- CHARGES FINES 2006
2005 FUND AND GOV'T FOR AND OTHER TOTAL
FUND BUDGET BAL. TAXES PERMITS REVENUE SERVICE FORFEIT1 REVENUE BUDGET
Enterprise Funds:
Water Utility 15,217,861 3,775,354 9,097,468 2,590,027 15,462,849
Wastewater Utility 15,805,262 2,436,397 60,000 12,125,392 2,488,831 17,110,620
Stormwater Utility 1,840,157 454,193 1,665,625 365,859 2,485,677
Gold Mountain Golf Complex 3,871,434 362,508 3,369,000 265,584 3,997,092
Utility Debt Reserve 539,000 492,741 71,633 564,374
Total Enterprise Funds 37,273,714 7,521,193 60,000 0 0 26,257,485 0 5,781,934 39,620,612
Internal Service Funds:
Risk Management 2,740,076 1,629,427 1,306,974 2,936,401
Equipment Rental Reserve 6,614,802 2,781,813 1,434,113 2,359,750 6,575,676
Information Services 1,023,234 149,313 830,300 59,325 1,038,938
Total Internal Service Funds 10,378,112 4,560,553 0 0 0 2,264,413 0 3,726,049 10,551,015
Trust & Aeencv Funds
Police & Fire Pension 2,319,695 116,587 38,976 2,265,396 2,420,959
Total Trust & Agency 2,319,695 116,587 0 0 38,976 0 0 2,265,396 2,420,959
Total All Funds 134,529,782 36,533,958 24,037,600 945,752 18,093,561 33,354,770 828,300 27,443,837 141,237,778
Revenue Sources - All Funds
Other Revenue
$27,443,837
19%
Beginning Fund
Balance
$36,533,958
25%
Charges for
Service
$33,354,770
24%
,
---~
Fines & Forfeits
$828,300
1%
Taxes
/....-- $24,037,600
-----
17%
Inter-
governmental
$18,093,561
13%
Licenses &
Permits
$945,752
1%
Attachment A - Ordinance No.
2006 EXPENDITURES - ALL FUNDS
Year End
12/6/2006
2005 SUPPLIES & CAPITAL DEBT ENDING 2006
FUND BUDGET PERSONNEl SERVICES OUTLAY SERVICE TRANSFERS FUND BAL. BUDGET
General Fund
General Government
City Council 242,634 249,023 32,178 281,201
Executive 261,331 193,435 95,939 289,374
Financial Services 1,1l0,064 886,851 424,007 1,310,858
Legal Department 584,593 355,475 236,219 591,694
Human Resources 356,933 263,180 144,418 407,598
Community Development 1,071,099 966,855 136,095 17,500 1,120,450
Municipal Court 845,310 673,581 239,414 912,995
City Auditor 118,329 113,267 18,829 132,096
Law Enforcement 8,657,612 6,817,795 2,082,295 281,983 9,182,073
Fire/Emergency Medical 5,923,962 5,559,978 936,459 6,496,437
General Facilities 531,656 93,037 659,439 244,000 996,476
General Parks 2,777,032 1,847,969 900,002 48,877 ,26,325 30,000 2,853,173
Engineering 471,777 429,027 131,624 560,651
Economic Development 104,012 90,993 83,289 174,282
Non-Departmental 5,167,859 87,500 1,168,613 412,225 4,024,221 5,692,559
Ending Fund Balance 2,204,641 2,591,419 2,591,419
Total General Fund 30,428,844 18,627,966 7,288,820 574,860 438,550 4,071,721 2,591,419 33,593,336
Special Revenue Funds:
Arterial Street 18,109,700 4,283,500 8,690,945 12,974,445
Street 2,625,619 1,537,636 1,252,399 96,544 20,999 145,134 3,052,712
Contingency Reserve 2,602,125 2,929,750 2,205,846 5,135,596
Civic Improvement 265,350 149,196 16,304 100,000 95,171 360,671
Parking System 2,171,477 573,144 320,000 1,462,700 26,213 2,382,057
Comm. Dev. Block Grant 3,901,759 151,627 3,418,654 592,100 539,712 4,702,093
Abatement Revolving 293,417 3,000 31,500 67,373 101,873
Police Special Projects 269,390 105,698 66,000 122,637 294,335
Public Access Television 227,926 198,329 82,918 48,000 28 329,275
Gift & Donations Fund 102,201 42,804 6,000 44,448 93,252
Trial Improvement 0 9,600 9,600
One Percent for Arts 0 50,000 32,118 82,118
Conference Center Oper 1,274,289 108,917 1,460,474 50,000 332,000 73,885 2,025,276
Total Spec. Rev. Funds 31,843,253 1,999,509 7,116,787 4,920,044 369,303 5,084,550 12,053,110 31,543,303
Debt Service Fund:
Bond Fund 3,842,347 2,012,100 382,969 2,395,069
LID Guaranty 47,144 61,944 0 61,944
Total Debt Service Funds 3,889,491 0 0 0 2,012,100 61,944 382,969 2,457,013
Capital Improvement Funds:
Conference Cnt. Capital 1,215,826 45,869 11 ,000 0 56,869
Public Safety Bond 8,192,672 5,822,150 681,170 21,850 464,956 6,990,126
Harborside Park 1,500,037 6,681,919 60,068 39,018 6,781,005
Government Center 50,694 6,107 8,100 0 14,207
General Govt Cap Imp 2,501,122 200,000 75,200 1,745,000 813,818 2,834,018
Pedestrian/BTC Access 4,372,525 2,280,919 0 2,280,919
Park Facilities Construction 563,797 55,000 1,140,000 13,170 282,976 1,491,146
Boardwalk Project 603,250 0 603,250
Tot Cap Improv. Funds 18,396,673 0 255,000 16,655,414 694,340 1,846,018 1,600,768 21,051,540
Attachment A - Ordinance No.
2006 EXPENDITURES - ALL FUNDS
Year End
] 2/6/2006
2005 SUPPLIES & CAPITAL DEBT ENDING 2006
FUND BUDGET PERSONNEl SERVICES OUTLAY SERVICE TRANSFERS FUND BAL. BUDGET
Enterprise Funds:
Water Utility 15,217,861 3,041,841 3,192,462 3,745,500 800,242 758,580 3,924,224 15,462,849
Wastewater Utility 15,805,262 2,427,365 2,551,959 3,211,750 5,356,886 1,093,140 2,469,520 17,110,620
Storm water Utility 1,840,157 680,259 751,503 420,000 241,238 392,677 2,485,677
Gold Mountain GolfCompl( 3,871,434 87,179 2,820,886 69,000 622,002 398,025 3,997,092
Utility Debt Reserve 539,000 564,374 564,374
Total Enterprise Funds 37,273,714 6,236,644 9,316,810 7,446,250 6,779,130 2,092,958 7,748,820 39,620,612
Internal Service Funds:
Risk Management 2,740,076 319,330 984,029 325,508 1,307,534 2,936,40 I
Equipment Rental Reserve 6,614,802 470,875 964,802 725,000 4,414,999 6,575,676
Information Services 1,023,234 415,544 384,604 102, 100 136,690 1,038,938
Totallnt. Svc. Funds 10,378,112 1,205,749 2,333,435 827,100 0 325,508 5,859,223 10,551,015
Trust & Aeencv Fund
Police & Fire Pension 2,319,695 2,120,896 288,000 12,063 2,420,959
Total Trust & Agency 2,319,695 2,120,896 288,000 0 0 0 12,063 2,420,959
Tot. Non-General Funds 104,100,938 11,562,798 19,310,032 29,848,808 9,854,873 9,410,978 27,656,953 107,644,442
Total All Funds 134,529,782 30,190,764 26,598,852 30,423,668 10,293,423 13,482,699 30,248,371 141,237,778
Expenditures -AI! Funds
Ending Fund Balance
$30,248,371
21%
Personnel
r$30,190,764
! 21%
Transfers
$13,482,699 -----~--
10%
Supplies & Services
$26,598,852
19%
Debt Service
$10,293,423
7%
Capital Outlay
$30,423,668
22%
. .-... .." .-..
..m.....'~.....m"
; '.. "".
" . ...: ,"
. .
: Memorandum
To:
From:
City Council
Mayor Cary Bozeman
Laura Lyon, Director of Financiai service/
Final 2006 Budget Amendments
Re:
Date:
December 5, 2006
The City adopted the 2006 budget by Ordinance No. 4959 on December 7,2005
which was then amended by Ordinance No. 4979 on September 20, 2006. As
we prepare to wrap up the financial transactions for the 2006 year it is necessary
to do one last amendment tothebudget to incorporate Council actions that have
occurred subsequent to the mid year budget amendment - and to correct other
items that have come to theattentionofthe staff in Financial Services.
Enclosed is the final budget amendment ordinance and supporting schedules.
There are a variety of issues addressed in the amendments, but the primary
items are:
. Formally adopt and incorporate 2006 budget changes approved by council
subsequent to the mid year budget amendment.
. Reclassify expenditure categories as needed to properly reflect the actuals as
classified in accordance with Generally Accepted Accounting Principles.
. Increase the General Fund Police and Economic Development budgets for both
revenue and expenditures - recognizing the Dept of Justice Technology Grant
($65,000) and the Governor's CTED grant ($50,000) to conduct a feasibility
study on the Penney's building project.
. Increase labor expense ($99,000) in the General Fund Engineering Department
to recognize actual allocation of labor to General Fund work that was higher than
anticipated in the development of the 2006 budget and to correspondingly
reduce the budget allocation (same amount) in the Arterial Street Fund for the
labor that was reallocated to the General Fund Engineering department.
Additional engineering time was in large part associated with increased utility
and right of way permitting processes. The additional labor cost is in part offset
by the additional utility and right of way permit revenue that exceeded original
budget expectations ($55,000) with the remainder offset by the reallocation of
Non-Departmental labor set aside budget.
. Increase labor expense for the General Fund Fire Department to cover
additional overtime costs incurred to provide; reimbursed work to respond to
several fires in other locations, provide reimbursed services to the Kitsap Lake
boat race, and costs incurred and covered by additional grant revenues. The
total budget amendment for overtime labor costs and additional revenue items
total to $12,109, each.
· Increase labor expense for the General Fund Fire Department to cover
additional overtime costs incurred to cover manpower shortages created by a
number of long term disabilities (most overlapping) within the department. The
total additional expense provided for by this amendment is $45,000 which is
offset by the reallocation of the General Fund Non-Departmental labor set aside
budget.
· Increase labor expense ($7,320) in the General Fund General Facilities
Department to recognize actual allocation of labor to General Fund work that
was higher than anticipated in the development of the 2006 budget and to
correspondingly reduce the budget allocation (same amount) in the Water Fund
for the labor that was reallocated to the General Fund General Facilities
department. The additional labor cost is offset by the reallocation of Non-
Departmental labor set aside budget.
· Increase supply expense for the Street Fund to cover additional supply costs
incurred to provide for reimbursed work and to recognize the additional revenue
provided from those reimbursements. The total budget amendment for
additional supply costs and additional revenue items total to $39,500, each.
· Increase the services expense and revenues from activities of the Conference
Center Operations Fund to recognize the additional service activity of Columbia
Hospitality over the original budget expectations for 2006. The total budget
amendment for additional service costs and additional revenues total to
$110,000, each.
· Increase the supplies, service, and labor costs and revenues from activities of
the Gold Mountain Golf Fund to recognize the additional service activity
achieved in 2006 which has exceeded the original budget expectations for 2006.
The total budget amendment for additional costs and additional revenues total to
$98,700, each.
· Other miscellaneous adjustments as indicated in the ordinance and supporting
schedules.
The budget adjustments are necessary to properly reflect the nature and extent of
revenues and expenditures of the various City funds and departments. The ending fund
balances as amended by this ordinance for the General Fund and Utility Systems meet
or exceed the City's adopted Financial Goals & Policies expectations. The Gold
Mountain Golf fund ending fund balance.does not meet the target level but is improved
over the original budget adopted for 2006 - demonstrating improvement towards the
goal level.
I will be reviewing these adjustments with the Fiscal & Budget Committee at the next
scheduled meeting (December 6, 2006). The proposed adjustments will then be
reviewed with the full City Council on December 13th, with action requested on
December 20,2006.
Cc: Cathy Johnson
Caroline Tompson
CITY OFBREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
For the Year Ended December 31, 2006
Proposed Adj Required
Mid-Year Year-End From
Budget Budget Mid-Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ 6,338,689 $ 6,338,689 $
Sales 6,404,200 6,404,200
Other 8,464,450 8,464,450
Licenses and Permits 890,752 945,752 55,000
Intergovernmental 1,013,239 1,140,348 127,109
Charges for Services 2,831,688 2,890,688 59,000
Fines and Forfeitures 495,300 495,300
Miscellaneous 283,900 292,621 8,721
Transfers in 3,089,023 3,080,023 (9,000)
Total Revenues 29,811,241 30,052,071 240,830
EXPENDITURES
Personnel Expenses 18,560,184 18,627,966 67,782
Supplies, Services, and Taxes 7,256,016 7,288,820 32,804
Capital Expenditures 434,643 574,860 140,217
Debt Service 438,550 438,550
Transfers Out 4,071,721 4,071,721
Total Expenditures 30,761,114 31,001,917 240,803
CHANGES IN FUND BALANCE
Net change in fund balances (949,873) (949,846) 27
Fund Balances-beginning 3,541,265 3,541,265
Fund Balances-ending $ 2,591,392 $ 2,591,419 $ 27
GENERAL FUND EXPENDITURES BY DEPARTMENT
City Council $ 278,943 281,201 $ 2,258
Executive 288,086 289,374 1,288
Financial Services 1,309,365 1,310,858 1,493
Legal Department 590,468 591,694 1,226
Human Resources 404,284 407,598 3,314
Community Development 1,115,355 1,120,450 5,095
Municipal Court 910,116 912,995 2,879
City Auditor 132,096 132,096
Police Department 9,113,450 9,182,073 68,623
Fire Department 6,433,521 6,496,437 62,916
General Facilities 989,085 996,476 7,391
Parks & Recreation 2,795,549 2,853,173 57,624
Engineering 460,977 560,651 99,674
Econonomic Development 124,282 174,282 50,000
Non-Departmental 5,815,537 5,692,559 (122,978)
Total Expenditures $ 30,761,114 $ 31,001,917 $ 240,803
The target ending fund balance is 8.5% of annual expenditures excluding capital. The target fund balance for the 2006 budget as
originally adopted was $2,470,653. The target fund balance for the 2006 budget as proposed to be amended is $2,586,300. The
actual ending fund balance after the proposed amendments is $2,591,419 which exceeds the revised target amount by $5,119.
FUND 001
Page 1 of 2
CITY OF BREMERTON
2006 ANTICIPATED REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL FUND
For the Year Ended December 31, 2006
Budeet Adjustments:
Adjust Beginning Fund Balance to Actual
Items Previouslv Approved (Agenda Bill #)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, Council (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, Executive (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, Finanial Services (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, Legal (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, Human Resources (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, DCD (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, Court (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, Police (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, Fire (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, General Facilities (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, Parks (AB 06-223)
Expenditure - Increase Personnel Expense - Mgmt & Professional Salary, Engineering (AB 06-223)
Expenditure - Decrease Personnel Expense - Mgmt & Professional Salary, Non-Departments (AB 06-223)
Expenditure - Decrease Supplies & Services - Move Expenditures to Capital (AB 06-248)
Expenditure - Increase Capital - For Equipment Purchases for New Police Facility
Revenue - Increase Revenue for Sale of Fire Truck (Approved by Fiscal & Budget 10-4-2006)
Expenditure - Increase Supplies & Services - For Fire Dept. Storage Shed (Approved by Fiscal & Budget 10-4-06)
Revenue - Increase for Insurance Recovery from Damaged Trees at Gateway (AB 06-231)
Revenue - Increase from Interfund Transfer for Parks Labor at Harborside Park (AB 06-231),
Expenditure - Increase for Parks Dept. Greenhouse Capital Expenditures (AB 06-231)
Expenditure - Increase for Tree Replacement at Gateway and Benchesffables/Carts in Greenhouse (AB 06-231)
New Items Not Previous Iv Approved bv Council
Expenditure - Increase Personnel Expenses Due to Internal Audit - City Auditor
Expenditure - Decrease Miscellaneous Supplies Due to Internal Audit - City Auditor
Revenue - Increase for Grant Approved in 2005 from Department of Justice (AB 05-121) - Police
Expenditure - Increase Small Tools and Equipment. Dept. of Justice Grant (AB 05-121) - Police
Expenditure - Increase Buildings & Structures _ Dept. of Justice (AB 05-121) - Police
Expenditure - Increase Machinery & Equipment - Dept. of Justice (AB 05-121) - Police
Expenditure - Increase Computer Hardware - Dept. of Justice (AB 05-121)- Police
Revenue - Increase for Grant from Department of Health - Fire
Revenue - Increase for Fire Protection Services Provided by Fire Department
Expenditure - Increase Personnel Expenses for Fire Suppression Overtime
Revenue - Increase Facility Services - ReclassifY to Correct Receipt Category
Revenue - Decrease Transfer In from Public Safety - Reclassity to Correct Receipt Category
Expenditure - Increase Reallocated Labor Expense - General Facilities
Revenue - Increase for Underground Utility Permits - Engineering
Revenue - Increase for Right-of-Way Permits - Engineering
Expenditure - Increase Personnel Expenses for Reallocated Labor - Engineering
Expenditure - Decrease Personnel Expenses in Misc. Non-Departmental (set aside)
Revenue - Increase for CTED Grant to Conduct Feasibility Study on JC Penney's Building - Economic Development
Expenditure - Increase for Professional Services to Conduct Feasibility Study on JC Penny's Building - Economic Development
Net adjustment to ending fund balance required
FUND 001
Page 2 of 2
$
(2,258)
(1,288)
(1,493)
(1,226)
(3,314)
(5,095)
(2,879)
(3,623)
(1,808)
(71)
(2,903)
(674)
26,631
46,000
(46,000)
4,000
(4,000)
4,721
50,000
(48,877)
(5,844)
(700)
700
65,000
(19,660)
(30,000)
(10,840)
(4,500)
1,463
10,646
(57,109)
9,000
(9,000)
(7,320)
9,500
45,500
(99,000)
96,347
50,000
(50,000)
$
27
CITY OF BREMERTON
2006 ANTICIPATED REVENUES. EXPENDITURES AND CHANGES IN FUND BALANCE
ARTERIAL STREET FUND
For the Year Ended December 31. 2006
Proposed Adj Required
Mid-Year Year-End From
Budget Budget Mid- Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other
Licenses and Permits
Intergovernmental 4,382,500 4,382,500
Charges for Services
Fines and Forfeitures
Miscellaneous 80,000 80,000
Transfers in
Total Revenues 4,462,500 4,462,500
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures 4,382,500 4,283,500 (99,000)
Debt Service
Transfers Out
Total Expenditures 4,382,500 4,283,500 (99.000)
CHANGES IN FUND BALANCE
Net change in fund balances 80.000 179,000 99,000
Fund Balances-beginning 8.511,945 8,511,945
Fund Balances-ending $ 8.591,945 $ 8,690,945 $ 99,000
Budget Adiustments:
Adjust beginning fund balance to actual
New Items Not Previouslv Aooroved bv Council
Expenditure - Decrease Capital Expenditure for Reallocated Labor
Net adjustment to ending fund balance required
FUND 101
$
99,000
$
99,000
CITY OF. BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
STREET FUND
For the Year Ended December 31,2006
Proposed Adj Required
Mid-Year Year-End From
Budget Budget Mid-Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other (parking tax) 300,000 300,000
Licenses and Permits
Intergovernmental (fuel tax) 630,000 630,000
Charges for Services 302,750 302,750
Fines and Forfeitures
Miscellaneous 3 I 8,500 318,500
Transfers in 1,098,299 1,197,799 99,500
Total Revenues 2,649,549 2,749,049 99,500
EXPENDITURES
Personnel Expenses 1,534,065 1,537,6~6 3,571
Supplies, Services, and Taxes 1, 166,899 1,252,399 85,500
Capital Expenditures 96,544 96,544
Debt Service 20,999 20,999
Transfers Out
Total Expenditures 2,818,507 2,907,578 89,071
CHANGES IN FUND BALANCE
Net change in fund balances (168,958) (158,529) 10,429
Fund Balances-beginning 303,663 303,663
Fund Balances-ending $ 134,705 $ 145,134 $ 10,429
Budl!et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
Revenue - Increase Revenue from Contingency Reserve Fund for Capital Hill Fire Station (AB 06-178)
Expenditure - Increase Supplies & Services for Capital Hill Fire Station (AB 06-178)
Expenditure - Increase Personnel for Capital Hill Fire Station (AB 06-178)
Expenditure - Increase Personnel for Mgrnt & Professional Salary Adjustment (AB 06-223)
New Items Not Previously Approved by Council
Revenue - Increase Other Misc. Revenue for Work Performed by Other Departments
Expenditure - Increase Supplies Related to Work Performed by Other Departments
Net adjustment to ending fund balance required
FUND 102
$
60,000
(46,000)
(3,500)
(71)
39,500
(39,500)
$ 10,429
CITY OF.BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
CONTINGENCY RESER VE FUND
For the Year Ended December 3 I , 2006
Proposed Adj Required
Mid- Year Year-End From
Budget Budget Mid-Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures
Miscellaneous 2,875,000 2,875,000
Transfers in
Total Revenues 2,875,000 2,875,000
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures
Debt Service
Transfers Out 2,869,750 2,929,750 60,000
Total Expenditures 2,869,750 2,929,750 60,000
CHANGES IN FUND BALANCE
Net change in fund balances 5,250 (54,750) (60,000)
Fund Balances-beginning 2,260,596 2,260,596
Fund Balances-ending $ 2,265,846 $ 2,205,846 $ (60,000)
Budget Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
Expenditure, Increase Transfer Out to Street Fund for Capital Hill Fire Station (AB 06-178)
Net adjustment to ending fund balance required
FUND 103
$
(60,000)
$
(60,000)
','
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
COMMUNITY DEVELOPMENT BLOCK GRANT
For the Year Ended December 31, 2006
Proposed Adj Required
Mid- Year Year-End From
Budget Budget Mid-Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other
Licenses and Permits
Intergovernmental 3,081,706 3,081,706
Charges for Services 180,000 180,000
Fines and Forfeitures
Miscellaneous 21,000 21,000
Transfers in
Total Revenues 3,282,706 3,282,706
EXPENDITURES
Personnel Expenses 150,339 151,627 1,288
Supplies, Services, and Taxes 3,418,654 3,418,654
Capital Expenditures
Debt Service
Transfers Out 592,100 592,100
Total Expenditures 4,161,093 4,162,381 1,288
CHANGES IN FUND BALANCE
Net change in fund balances (878,387) (879,675) (1,288)
Fund Balances-beginning 1,419,387 1,419,387
Fund Balances-ending $ 541,000 $ 539,712 $ (1,288)
Budget Adiustments:
Adjust beginning fund balance to actual
Items Previously Aooroved by Council (Agenda Bill #)
Expenditure, Increase Personnel for Management and Professional Salary Adjustment (AB 06-223)
Net adjustment required to the ending fund balance
FUND 106
$
(1,288)
$
(1,,288)
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
PUBLIC ACCESS TELEVISION OPERATIONS FUND
For the Year Ended December 31, 2006
Proposed Adj Required
Mid- Year Year-End From
Budget Budget Mid-Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other (city PEG fees) 40,161 40,161
Licenses and Permits
Intergovernmental (County PEG fees) 107,241 107,241
Charges for Services 137,300 137,300
Fines and Forfeitures
Miscellaneous 1,500 1,500
Transfers in
Total Revenues 286,202 286,202
EXPENDITURES
Personnel Expenses 191,500 198,329 6,829
Supplies, Services, and Taxes 28,218 82,918 54,700
Capital Expenditures 108,000 48,000 (60,000)
Debt Service
Transfers Out
Total Expenditures 327,718 329,247 1,529
CHANGES IN FUND BALANCE
Net change in fund balances (41,516) (43,045) (1,529)
Fund Balances-beginning 43,073 43,073
Fund Balances-ending $ 1,557 $ 28 $ (1,529)
Bud2et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
Expenditure, Increase Personnel for Management and Professional Salary Adjustment (AB 06-223)
New Items Not Previously Approved by Council
Expenditure, Decrease Capital Expenditures - Reclassification to Expense Category (GAAP)
Expenditure, Increase Supplies & Services - Relcassification from Capital (GAAP)
Net adjustment to ending fund balance required
FUND 113
$
(6,829)
60,000
(54,700)
$
(1,529)
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
CONFERENCE CENTER OPERA nONS
For the Year Ended December 31, 2006
Proposed Adj Required
Mid- Year Year-End From
Budget Budget Mid- Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services 1,190,634 I ,300,634 110,000
Fines and Forfeitures
Miscellaneous 3,000 3,000
Transfers in 637,000 637,000
Total Revenues 1,830,634 1,940,634 110,000
EXPENDITURES
Personnel Expenses 93,917 108,917 15,000
Supplies, Services, and Taxes 1,350,474 1,460,474 110,000
Capital Expenditures 65,000 50,000 (15,000)
Debt Service 332,000 332,000
Transfers Out
Total Expenditures 1,841,391 1,951,391 11 0,000
CHANGES IN. FUND BALANCE.
Net change in fund balances (10,757) (10,757)
Fund Balances-beginning . 84,642 84,642
Fund Balances-ending $ 73,885 $ 73,885 $
Budget Ad1ustments:
Adjust beginning fund balance to actual
New Items Not Previouslv Approved bv Council
Revenue, Increase for Activity Fees
Expenditure, Increase for Additional Maintenance Personnel
Expenditure, Increase for Additional Professional Services
Expenditure, Decrease in Capital
Net adjustment required to the ending fund balance
FUND 120
$
110,000
(15,000)
(110,000)
15,000
$
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
PUBLIC SAFETY PROJECTS FUND
For the Year Ended December 3 I, 2006
Proposed Adj Required
Mid-Year Year-End From
Budget Budget Mid- Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures
Miscellaneous 80,000 80,000
Transfers in 1,201,750 1,201,750
Total Revenues 1,281,750 1,281,750
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures 5,813,150 5,822,150 9,000
Debt Service 681,170 681,170
Transfers Out 30,850 21,850 (9,000)
Total Expenditures 6,525,170 6,525,170
CHANGES IN FUND BALANCE
Net change in fund balances (5,243,420) (5,243,420)
Fund Balances-beginning 5,708,376 5,708,376
Fund Balances-ending $ 464,956 $ 464,956 $
Budget Adiustments:
Adjust beginning fund balance to actual
New Items Not Previously Approved bv Council
Expenditure, Increase Capital - Reclassification to Correct Category
Expenditure, Decrease Transfer Out to General Fund - Reclassification to Correct Category
Net adjustment required to the ending fund balance
FUND 302
$
(9,000)
9,000
$
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
HARBORSIDE PARK FUND
For the Year Ended December 3 I , 2006
Proposed Adj Required
Mid- Year Year-End From
Budget Budget Mid-Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other
Licenses and Pern1its
Intergovernmental 5,771,190 5,771,190
Charges for Services
Fines and Forfeitures
Miscellaneous 5,000 5,000
Transfers in 715,791 965,791 250,000
Total Revenues 6,491,981 6,741,981 250,000
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures 6,431,919 6,681,919 250,000
Debt Service
Transfers Out 60,068 60,068
Total Expenditures 6,491,987 6,741,987 250,000
CHANGES IN FUND BALANCE
Net change in fund balances (6) (6)
Fund Balances-beginning 39,024 39,024
Fund Balances-ending $ 39,018 $ 39,018 $
Bud2et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
Revenue, Increase Transfer in from General Government Capital Improvement (AB 06-246)
Expenditure, Increase Capital Improvements for Annex Building (AB 06-246)
Net adjustment required to the ending fund balance
FUND 303
$
250,000
(250,000)
$
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
GENERAL GOVERNMENT CAPITAL IMPROVEMENT FUND
For the Year Ended December 31, 2006
Proposed Adj Required
Mid-Year Year-End From
Budget Budget Mid-Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other (Real Estate Excise Taxes) 1,100,000 1, 100,000
Licenses and Permits
Intergovernmental 200,000 200,000
Charges for Services
Fines and Forfeitures
Miscellaneous 30,000 30,000
Transfers in 19,100 19,100
Total Revenues 1,149,100 1,349,100 200,000
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes 200,000 ' 200,000
Capital Expenditures 75,200 75,200
Debt Service
Transfers Out 1,495,000 1,745,000 250,000
Total Expenditures 1,570,200 2,020,200 450,000
CHANGES IN FUND BALANCE
Net change in fund balances (421,100) (671,100) (250,000)
Fund Balances-beginning 1,484,918 1,484,918
Fund Balances-ending. $ 1,063,818 $ 813,818 $ (250,000)
Bud2et Adjustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
Revenue, Increase for EPA Grant at Bremerton Gasworks (AB 06-219)
Expenditure, Increase for Revitalization at Bremerton Gasworks (AB 06-219)
Expenditure, Increase Transfor Out for Harborside Park Annex Building (AB 06-246)
Net adjustment required to the ending fund balance
FUND 308
$
200,000
(200,000)
(250,000)
$
(250,000)
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
PARK FACILITIES CONSTRUCTION FUND
For the Year Ended December 31, 2006
Proposed Adj Required
Mid- Year Year-End From
Budget Budget Mid-Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other
Licenses and Permits
Intergovernmental 432,000 432,000
Charges for Services
Fines and Forfeitures
Miscellaneous
Transfers in 1,028,309 1,028,309
Total Revenues 1,460,309 1,460,309
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes 45,000 55,000 0 10,000
Capital Expenditures 1,150,000 1,140,000 (10,000)
Debt Service 13,170 13,170
Transfers Out
Total Expenditures 1,208,170 1,208,170
CHANGES IN FUND BALANCE
Net change in fund balances 252,139 252,139
Fund Balances-beginning, 30,837 30,837
Fund Balances-ending $ 282,976 $ 282,976 $
Budget Adiustments:
Adjust beginning fund balance to actual
Items Previouslv Approved
Expenditure, Increase Supplies & Services for Ballfield Improvements (Mayor's Authority BMC 3.02.030)
Expenditure, Decrease Miscellaneous for Reallocation to Supplies (Mayor's Authority BMC 3.02.030)
Net adjustment required to the ending fund balance
FUND 310
$
10,000
(10,000)
$
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
W ASTEW A TER UTILITY
For the Year Ended December 31 , 2006
Proposed Adj Required
Mid- Year Year-End From
Budget Budget Mid-Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ 60,000 $ 60,000 $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services 12,125,392 12,125,392
Fines and Forfeitures
Miscellaneous 1,990,000 1,990,000
Transfers in 498,831 498,83 I
Total Revenues 14,674,223 14,674,223
EXPENDITURES
Personnel Expenses 2,423,912 2,427,365 3,453
Supplies, Services, and Taxes 2,551,959 2,551,959
Capital Expenditures 3,211,750 3,211,750
Debt Service 5,356,886 5,356,886
Transfers Out 1,093,140 1,093,140
Total Expenditures 14,637,64 7 14,641,100 3,453
CHANGES IN FUND BALANCE .
Net change in working capital 36,576 33,123 (3,453)
Fund Balances-beginning working capital 2,436,397 2,436,397
Fund Balances-ending working capit $ 2,472,973 $ 2,469,520 $ (3,453)
Ending fund balance should be 12% of annual expenditure budget excluding capital. For the budget as amended, this
computes to $1,371,522. The ending balance of $2,469,520 meets and exceeds this target.
Budget Adiustments:
Adjust beginning fund balance to actual
Items Previous Iv Approved by Council (Agenda Bill #)
Expenditures - Increase Personnel for Management and Professional Salary Adjustment (AB 06-223)
Net adjustment required to the ending fund balance
FUND 451
$
(3,453)
$
(3,453)
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
STORMW A TER UTILITY
For the Year Ended December 3 I, 2006
Mid-Year
Budget
2006
Proposed
Year-End
Budget
2006
REVENUES
Taxes
Property
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services
Fines and Forfeitures
Miscellaneous
Transfers in
Total Revenues
$
$
1,665,625 1,665,625
110,000 110,000
255,859 255,859
2,031,484 2,03 1,484
679,570 680,259
75 I,503 75 I,503
420,000 420,000
241,238 241,238
2,092,3] I 2,093,000
(60,827) (61,5]6)
454,193 454,193
393,366 $ 392,677 $
EXPENDITURES
Personnel Expenses
Supplies, Services, and Taxes
Capital Expenditures
Debt Service
Transfers Out
Total Expenditures
CHANGES IN FUND BALANCE
Net change in working capital
Fund Balances-beginning working capital
Fund Balances-ending working capit, $
Adj Required
From
Mid- Year Budget
2006
$
689
689
(689)
(689)
Ending fund balance should be 12% of annual expenditure budget excluding capital - which is $200,760 for the budget as amended.
Projected Ba]ance is $392,677 after proposed amendments are completed - which exceeds the target level.
Budget Adiustments:
Adjust beginning fund balance to actual
$
Items Previously Approved by Council (Agenda Bill #)
Expenditure, Increase Personnel for Management and Professional Salary Increase (AB 06-223)
Net adjustment required to the ending fund balance
FUND 481
(689)
$
(689)
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
EQUIPMENT RENTAL RESERVE
For the Year Ended December 31, 2006
Proposed Adj Required
Mid- Year Year-End From
Budget Budget Mid-Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services 1,434,113 1,434,113
Fines and Forfeitures
Miscellaneous 2,359,750 2,359,750
Transfers in
Total Revenues 3,793,863 3,793,863
EXPENDITURES
Personnel Expenses 469,311 470,875 1,564
Supplies, Services, and Taxes 964,802 964,802
Capital Expenditures 725,000 725,000
Debt Service
Transfers Out
Total Expenditures 2,159,113 2,160,677 1,564
CHANGES IN FUND BALANCE
Net change in working capital 1,634,750 1,633,186 (1,564 )
Fund Balances-beginning working capital 2,781,813 2,781,813
Fund Balances-ending working capit $ 4,416,563 $ 4,414,999 $ (1,564)
Budget Adiustments:
Adjust beginning fund balance to actual $
Items Previouslv Approved bv Council (Agenda Bill #)
Expenditure, Increase Personnel for Management and Professional Salary Adjustment (AB 06-223) (1,564)
Net adjustment required to the ending fund balance $ (I ,564)
FUND 510
CITY OF BREMERTON
2006 ANTICIPATED REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE
INFORMATION SERVICES
For the Year Ended December 31, 2006
Proposed Adj Required
Mid-Year Year-End From
Budget Budget Mid- Year Budget
2006 2006 2006
REVENUES
Taxes
Property $ $ $
Sales
Other
Licenses and Permits
Intergovernmental
Charges for Services 830,300 830,300
Fines and Forfeitures
Miscellaneous 5,000 5,000
Transfers in 54,325 54,325
Total Revenues 889,625 889,625
EXPENDITURES
Personnel Expenses 413,812 415,544 1,732
Supplies, Services, and Taxes 384,604 384,604
Capital Expenditures 102,100 102,100
Debt Service
Transfers Out
Total Expenditures 900,516 902,248 \,732
CHANGES IN FUND BALANCE
Net change in working capital (10,891) (12,623) (1,732)
Fund Balances-beginning working capital 149,313 149,313
Fund Balances-ending working capit $ 138,422 $ 136,691 $ (1,732)
Bud2et Adiustments:
Adjust beginning fund balance to actual
Items Previously Approved by Council (Agenda Bill #)
Expenditure, Increase Personnel for Management and Professional Salary Adjustment (AB 06-223)
Net adjustment required to the ending fund balance
FUND 511
$
(1,732)
$
(1,732)
DATE SUBMITTED:
I/? -;}O-o G
BILL 06-286
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
A6o~--2~
CoE
........................................................................................
SUBJECT ~~J~ Committee Meeting Date: 12-20-06
. ~ ~ ~ (}.1 /; COUNCIL MEETING Date: 12-20-06
c/ (-' /J ~ ~ Department: Legal
/?~ ~-;;~/~~~C::!!d:J pre;:~~: ~~f~3;~bOvich
SUMMARY:
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPRO V ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
I CONSENT AGENDA 0 I
~~-/7;:~/f~
RECOMMENDED MOTION: ,;) I .~jJ. /',ufd-Jf
~ c4 ~ \IN Sa. I" ,~~ ~ ~aYVLY-U;f~ ~
dA /7;W WQl/VtUL~ ~~ ~Ih t3')(V)fxl~
~/ tkllt~ Yob~.c:.vy~Yk-~kLP <
cr~a<- ~~~'f~ ~~rcAnd2-ruJ
~O~CIL ACTION: ~rove 0 Deny 0 Table 0 Continue 0 No Action
REAL ESTATE PURCHASE AND SALE AGREEMENT
WITH EARNEST MONEY PROVISION
This agreement controls tne tenns oJ the sale of real property.
(please read carefuJlv before s12l1ioz.)
Tbis Agreement is entered between the em OF BREMERTON. a Washingron municipal
corporation ("SeHer"), and Eric Haywood and Jie HaY"Yood, hllsband and wife ("RU}'er"), for rhe sale
and purchase of real property as foLlows:
1. PROPERTY. Thepmperty, including aU improvements and appurtenances situated
theIe()n, which Buyer agrees to buy and Seller agrees [0 sell, is commonly known to be located at
1720 and 1']40 Warren Avenue, Bremerton. Washington ((be "'Property"). and which Property is
legally described in Exhibil A~ attached bl'Xeto and jncorponf.edberein by this refelence. The
Property is further identified jn Exhibit B. incorporated,herein ~j' rms refere.Qce. The sale of the
property is subject to (be following prmdsion: 0'" ,
(a) BUy-er will allow WaskingJ.on. Sto.t~ Departme~t ofTranJpOrlation (WSDOT),
its agents and assigns. access to the buildingfor the existing circuit breakerG and wiring for
the Warren A"Yenue Brtdge ligltJing. Temporary use of the panel wide the building will
c:onti.Jute until the circuit i9 rebuilt by WSDOT and moved vut of the building or until July 1,
2007. whiclunJer is later. This provisioo sluu1 survive closing.
(b) At cwsmg, Bu.yer shall grant Seller an easement for access through the
Property as set forth in Erhibit B.
2. EARNEST MONEY_ Received from Buyer, Five Thousand all.d No/lOO Dollars
($5,DDllOO) 8S' earne&t money and part paymenc on (be purchase price for the Property.
3. PURCHASE PRICE.. The total purchase price fOJ the Property is Three Hundred
FIfty Thousand and No/loo Dollars ($350,OO(lOO}. including earnest money, payable on dosing.
4. CONTINGENCIES. This agreement is contingent upon:
(a) Acceptance of its terms by the Bremerton City CounciL
(b) Buyer&" revlew and approval of the title report on the pIOperty prior to
cros"ing.
(c) Financing Contingency. Buyex securing financing as nocessary to c!ooe rhe
sale contempla.ted herein.
(d) Upon v.a~ti(}n of r.h.e property by Seller and exoept as described in paragraph
4(f) oolow, all remaining improvements located 00 the property shaH be the
REAL ESTATI! PURCHASE AND SATi;. AriRHP..MRNT'
Page I of 5
responsihility of the Buyer and Buyer sb.all be :respons;ble for the oosts and
expenses of demolition and/or removal of the Improvements, as applicable..
Should any of these contingencies not be met prior [0 closing, the.n this Agreement
shaU terminate except neither Bu)'er nor Seller shall have any further rigb ts, duties or obligations
hereunder,. except that the Earnest Money held in escrow shaH be imroodlat.el)' returned [0 Buyer
5. CONVEYANCE AND CONDmON OF TITLE. The title to the real property
shaH be conveyed by Seller to Buyer at closing by Statutory Warranty Deed. free and clear of all
Hens, encumhrances or defecrs except those described. in Paragraph 6 below.
6. TITLE INSURANCE. At Closing. Seller shall cause TranS1Ul{Um. Title lrtsunuu:e
Company). whose address and. telephone number is 9619 uvin RDad NW SilverdaJ~ WasfJington
98383. (360 692-4556). to issue a standard form owners policy of title insurance to Buyer in an
amount equal to the tolal purchase price o[the Property. The cost of this policy shall be paid from
Seller's fun~ ..t Closing. If an extended coYerag~ owner" s policy is requeste:d by Buyer.. then Buyer
shall pay the. iocre:Jsed costs associated with that policy rnduding the excess premium over [bat
charged for a stan4ard coverage policy} and lbe. cost of My' survey requited by the title insur~r. For
purposes o.f this Agreement, the foHowing shall no t be deemed ~brances or defects: rights
reserved and federal p~tents or state deeds~ building or use restrictions consistent w i[b current
zoning, and utility md road easements of record. If title cannot be made so insurable prior to. the
Closing date called for herein, unless, Buyer elects to waive such defects. or encumbrances, this
agreement ~hall terminate.
7. CLOSING COSTS AND PRO-RATIONS. The cost of escrow shall be snared
equally between BlJyer and Sellei'. excepr those fees which are expressly limited by Federal
Regulatiorl_ Seller shall par for excise tax and revenue stamps as applicabLe. TlL'te.'i for the current
year, rents. interest, Association, Condominr.um and/or Homeowners fees, water and 0 ther utility
chllrges. jf any. shall be pm-rated as of daf.e o.f closing unless otherwise agreed.
8. CLOSING OF THE SALE. With the understanding that time is of the essence f()r
this agreement, this sale shaH be closed within thfrty (3Q) days of acceptance or wai Vet of rile
contingencies set forth in Section 4, which shall also betbe terrnination date of this agreementun1ess
said closing date is. extended in writing, by mutu aJ agreement of the parties. When notifled, the
Buyer md Seller will deposit.,. without delay} in escrow with Transmti<>n. Titk Insurance Company
aU instruments and monfes:required to complete tile transaction in accordance with this agreemenL
Cl()sin~ for the purpose of this agreement, ,s defined as the date that all documents are executed and
the sale proceeds are avs.iJable for disbursement to lbe Seller.
9. CASUALlY WSS. Ifprior to. closing, improvements on said premises shall be
destroyed or materiall}' damaged by fire or l)ther C8SUalty, this agreement,. at option of the Buyer,
REAL ESTATE PURCHASE AND SALE AGREEMHNT
Page 2 of 5
shall bec.ome null and "t'oid.
10. POSSESSION, Buyer shaff be. entitled to possession OD closing.
11. SELLER'S REPRESENTATIONS. Seller represents that:
(a) Seller wi:ll maintain the property in present O[ better condition until time of
agreed possession,
(b) Seller bas no knowledge or notice horn any governmental agency of any
violation of laws relating to the subject property, and
(c) the properry is not encumbered by aoy ]~.
12. SELLER"S ENVIRON.MENTALREP~ENTAT10NS'. Seller makes no
representations as to the environmental condition of the property, TILi.sprovision shall SUfYlVe
closing.
: 13. HOLD~. 'As' partial C0D8ldera1.ion forche purchare of tbe. Propeny,
Buyer pUTchases the property and impro'vements."'as is" llIldag.rees to hold harmieSs.{b.e Seller from
any and all dama.ges, claims. losses. liabilities ,judgmentsJ 'demands, fees, obligations . assessments I
and expenses and costs. which may be unposed UpOD or incurred by Buyer, or as.serted agaillsr Buyer
by any other part:)' or parties (including, without limitation. a. governmental entity), aril.ting out of or
in ronnection with any environmental condrtiOD existing as of 8JllfIor prior to the closing dale
whether known or unknown. This provision shall survive dosing.
14. DEFAULT AND AtTORNEY'S FEES.
(a) Bu)'er's Default.. If Buyer defaults hereunder, SeHer's sole remedy shaJl be
limited to damages against Buyer in lhe liquidated amount of lhe eamesllllOlJ.ey previously paid the
Boyer. Buyer and Sener intend that said amount constitutes liquidated damages so 8S to a.void other
C<l8rs and ex.penses to either patty in connection with p<>(eDtiallitigalion on aCCOUnt of Buyers'
default. Buyer and Seller believe said amount to be a fair estimate of actual damages.
(b) SeUer's Default. ]f Seller defaulCll: hereunder. Buyer shall ha.ve ill the rights
and remedies a.vailab1e at law or in equity.
(c) Attorney's Fees and Costs. In the event of litigation lo enforce any of the
terms Of provisions be1ein, each party shalL pay all its own cosls .aJl.d attorne.y's fees.
15. NOTICE TO BUYER. This form contains provisions foJ an agreement for the
purcbase and sale of real estar.e. The SeHer makes no warranty or represenratinn of an)' kind that
chis form, or any of its provisions. is ~I)(ended to meet the factual and legal requirements of a
particular transaction. or that it accurate! 'J reflecrs that laws of the State ofWashingron at lhe time
you enter the agreemenl This agreement has significant legal and .fmancial co.n.sequen.ces. By
signjng this agreem~t, Buyer acmow led ges iliat Buyer has Of has had the Opportunity ttJ consult
REAL ESTATE PURCHAsE AND SALE. AGRE8v1ENT
Page 3 of5
with an attorney .regarding Bu}'efs rights and obligations in this agreement.
16. BROKERS FEES/COMMISSIONS. Buyer agrees to indemnify, defend and hold
harmless Seller with respect to any claim by any person or entity claiming through Buyec [0 be
entit[ed to a commission with respect to [he transaclion con templa(ed by this agreement.
17. NON- MERGER. The terms, conditions, and provisiooS' of chis Agreement shall not
be deemed: merged into [he deed, and shall survive the Closing and continue in fuU force.and effocL
18.. NOTICES. Al! n{ltices required Dr permitted to be given hereunder sh.ill be rn
wril~dshalt-be-$entUS..-ceamed-mait.-return~~r_~iJe-H"-aRsmfq,~M
ad.dressed JIS set forth below:.
(a) AIl notices to be given [0 Seller shaII be add.ressed as foJlows~
Mayor ... '."- .....
Cily of B'remerton'
345 6th {)~'Sui~ 600
Bremerton, Washington 98331-1813
(b) Ail notices to be given to Buyer shall be addressed as foJlows~
Eric and lie Haywood
4008 Lake Washington Boulevard North ii3
Renton, Washington 98506
Either party hereto may. by wriU:en notice to !:he orher" designlll.e SlJch other add1ess
for the giving of notices as being necessllI}'. All notireS' shall be deemed given on the day -such
notice is personally senoed, oron the date (}f the facsimile trll.D&Olission, or on the tltird day following
the day S'Uch notice is IDAiJed in accordance with this paragraph.
19. ENTIRE AGRERMENT. This agreement, including all incorporated exhibitS',
constCtU[es the fullllndeI-Btanding between seller and buyer. 1bere bave heen DO verbaJ or other
agreemen[s that modify this agreement.
2(}. BINDING EFFECT AND SURVIV AI... This Agreement shall be bi.nding upon
parties hereto and tlleir respective heirs, successors and assigns; and the terms, conditions and
provisions of Ods Agreement. sh.alJ survive the closing of this ttansacO.oD.
21. DA TE OF MUTUAL ACCEPTANCE. For the purposes of this Agreement, the
REAL EIT A TE PURCHASE AND SALE AGREEMENT
Page 4 of5
dare of mutual acceptance of this Agreement 8.hlJl be the last dale on which the parties to this
Agreem.ent have executed: this Agreement as indicated below.
IN WITNESS WHEREOF, the parties hereto have executed iliis Agleement on the dace-set
forth below.
SElLER:
BUYER:
THE CITY OF BRBMERTON
ERIC HA YWOOD
By~
Cary Bozeman, Mayor
.e:: P;;'~
~.r.?4"" .
Daood.:
Dated: /2 -2-0 "- ~ b
." .
Jm HfJ.'. OOD ~
. ( '_ (" f
.,~
I
r V! ~ i.~~,.".I.
Dated: ',Q
J
APPROVED AS TO FORM:
By:
Roger A. Lub{}vich, City AUorney
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DATE SUBMITTED: 12-7-06
BILL
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5'-
BIIIIB D t! D II B III II II II 111111 B II i11111111i111111! D I1l1l1all D 111111118 a 13 iii II 111111 B 811 b liB D II Ii 1111 liD 11111111
SUBJECT: Approval of the City-Wide
Parking Enforcement Contract with Diamond
Parking Services, LLC
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
12-13-06
12-20-06
Financial Service
Paula Johnston
473-5323
SUMMARY: The City advertised a Request for Proposal for City-wide parking enforcement services on
November 15,2006. Five requesters were sent the RFP with two firms responding by the November 29th
deadline. The scope of services outlined in the RFP included city-wide on-street enforcement with the
emphasis on the downtown core and the residential 2-Hr zones surrounding PSNS with a minimum of 505
patrol hours per month and 104 patrol hours dedicated to off-street enforcement that encompassed the
City's 4thIWashington parking garage and the three City-owned lots on Park Avenue. The City received
two proposals, one from Republic Parking NW, Inc. and the other from Diamond Parking Services, LLC.
Both finns are established and highly recommended throughout the Puget Sound region. The evaluation
team is recommending that the City contract with Diamond Parking Services, LLC for city-wide parking
enforcement services for a term of three years. Their recommendation is based upon Diamond's ability and
history to perform most effectively the specific scope of services for the best competitive price of
$17,595.00 per month.
ATTACHMENTS: Memo
FISCAL IMP ACTS (Include Budgeted Amount): Contract Amount fully budgeted in Parking Fund
105 for 2007.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
{iJ
I CONSENT AGENDA ~I
FISCAL/BUDGET:
OPERATIONS:
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to approve awarding the city-wide parking enforcement service contract to Diamond
Parking Services, LLC for a term ofthree years commen~ing January 1, 2007 in the amount of
$17,595.00 per month for the first year, with a 2% inflator per year thereafter, and authorize
the Mayor to fmalize and execute this contract.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
To: City Council
From: Paula Johnston
r
RE: City-wide Parking Enforcement Costing
Date: December 14, 2006
Nick Wofford asked what the on-street revenues generated from parking
citations under this contract would be.
On-street parking citation revenue is the culmination of all on-street parking
enforcement efforts excluding on-street paybox monitoring. Using this
assumption, I have tallied average annual revenue and matching costs below:
Average Annual On-Street Parking Citation Revenue
$287,000
Average Annual Costs to Support Revenue Collection
Diamond Contract
1.2 FTE Court Support
Ticket Software
$150,000
57,000
18,000
Total Average Annual Costs to Support Citation Revenue
$225,000
Adam Brockus asked to see a Cost Comparison if the City were to bring the
City-wide Parking Enforcement program in-house.
The Diamond Parking Services proposal for a three year contract is $211,140 per
year with a 2% inflator for years two and three.
City Costs for Comparable Services per Year:
Enforcement Personnel - 3.5 FTE's
Office Staff/Supervisor - 1 FTE
Sergeant Oversight - .5 FTE
$175,000
50,000
50.000
Total Annual City Costs for Comparable Program
$275,000
30,000
25.000
$330,000
Personnel Costs
Vehicles (4 scooters)
Office Supplies & Equipment
From:
City Council r
Paula Johnston, City Clerk
Mayor Cary Bozeman
Laura Lyon, Financial Services Director
Date: 12/7/2006
To:
CC:
Re: City-wide Parking Enforcement Contract
The City advertised a Request for Proposal for City-wide parking ~nforcement
services on November 15, 2006. Five requesters were sent the RFP with two firms
responding by the November 29th deadline.
The scope of services described in the RFP was very similar to the work being
performed by the current contractor, Diamond Parking Services. It included city-wide
on-street enforcement with the emphasis on the downtown core and the residential 2-
Hr zones surrounding PSNS with a minimum of 505 patrol hours per month and 104
patrol hours dedicated to off-street enforcement that encompassed the City's
4th/Washington parking garage and the three City-owned lots on Park Avenue. The
RFP also had requirements that the contractor have or establish a local office and
provide a minimum of three enforcement vehicles for on-street enforcement. The
scope included the ability to offer total parking services for off-street facilities from
monitoring and collecting fees, issuing citations and following the payment process
through to completion. On-street enforcement comprised of effective monitoring,
citation issuance, abandon and junk vehicle handling and close coordination with the
Municipal Court for court appearances and hand-held computer downloads.
The City received two proposals, one from Republic Parking NW, Inc. and the other
from Diamond Parking Services, LLC. Our evaluation team was comprised of Council
member Wendy Priest, Laura Lyon and Paula Johnston. The selection criteria was
based on the following:
Responsiveness to the written proposal 10%
Ability and history to successfully complete contract 40%
Price 50%
Both firms are established and highly recommended throughout the Puget Sound
region.
The evaluation team is recommending that the City contract with Diamond Parking
Services, LLC for city-wide parking services for a term of three years. Their
recommendation is based upon Diamond's ability ,and history to perform the specific
scope of services for the best competitive price of $17,595.00 per month. The current
contract with Diamond is of similar scope with compensation at $17,250.00 per month.