HomeMy WebLinkAbout02/21/2007 AGENDA
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CITY COUNCIL
FILE
3456th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280
***AMENDED***
FEBRUARY 21, 2007
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
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 (#AB07 -027)
B. Minutes of Meeting - February 7,2007 (#AB07-028)
C. Budget Amendment from the General Capital Improvement Fund; and Contract with OPUS
NORTHWEST, LLC for the remodel of the Oyster Bay Room in the Kitsap Conference Center
(#AB07 -029)
D. Budget Adjustment to the 510 Account for purchase of 3 Fire Department Staff Cars; 1 BKAT
Van; and 1 Public Works & Utilities Service Body Truck; and replacement "Conflict Monitor" for
Electronics Division (#AB07 -030)
E. Purchase of 7 Police Vehicles (#AB07-031)
F. Budget Adjustment in Personnel within the Department of Public Works & Utilities eliminating a
Lead Automotive Equipment Technician and replacing it with an Automotive Equipment
Technician Supervisor at Pay Band 17 (#AB07-032)
G. Schedule 74 Underground Conversion Agreement for 1st Street from Washington Avenue to
Pacific Avenue with PUGET SOUND ENERGY (PSE) (#AB07-033)
H. Appointment of Bishop Lawrence R. Robertson to the Bremerton Housing Authority Board of
Commissioners (#AB07 -034)
6. GENERAL BUSINESS
A. Resolution No. 3022, commencing negotiations for Interlocal Agreement regarding the potential
annexation of Navy Yard City (#AB07 -035)
B. Resolution No. 3023, initiating annexation proceedings for the West Hills Island of
unincorporated territory in West Bremerton (#AB07 -036)
C. Ordinance No. 4999, changing the boundaries of City Council District 1 to include recently
annexed property (#AB07 -037)
7. COUNCIL MEMBER REPORTS
8. EXECUTIVE SESSION - To discuss "Pending Litigation" per RCW 42.30.110(1)(i); and "Labor
Negotiations" per RCW 42.30.140(4)(b)
A. Authorize the City Attorney to file an appeal of case WEBG v. Bremerton, Cause No. 06-2-
01149-1; Retain services of Foster Pepper PLLC to represent City on appeal; and authorize the
City Attorney to take all action to litigate the appeal (#AB07 -038)
9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
rI 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.
DATE SUBMITTED:
BILL# 07-0:27
AGENDA BILL
CITY OF BREMER TON
CITY COUNCIL
SA
....a....BDm.m.as..aDB.......a...........DD...........ma.g.~.E....B.m......amm.Ba..aaa.1
SUBJECT:
Claim & Checks Register Approval
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
c? -;;</-0 7
Financial Services
Cathy Johnson
SUMMARY:
ATTACHMENTS:
FISCAL IMPACTS (Include Budgeted Amount):
APPRO V ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
I CONSENT AGENDA [2J I
MC ~ A T fro! Yitl ~[1J:
'klP;k&}q~-::-1"1 ~
COUNCIL PRESIDENT: /W~ 7""'" ·
RECOMMENDED MOTION: Move to approve:
314~7S - 31.) q2.~
1) Check#'s 3/1)(9/ - 3/~ b /j
EFT's ~')~- ?W3
$ ?;(p~ fL:fY3 ~~f
2) Regular Payroll for
$
3) Retiree Payroll for
$
COUNCIL ACTION: ~ove
D Deny
D Table
D Continue 0 No Action
DATE SUBMITTED: ;t/IS' /0'1
BILL# 07- 028
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
58
........................................................................................
SUBJECT: City Council Meeting Minutes
for meeting of :l /7 /0 7
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
N/A
;;l/:J.-\ /07
City Council
Will Maupin,
Council President
(360) 473-5280
Phone:
SUMMARY: Attached is a summary of the City Council Meeting held re....brl.A..ary 7 I :1.007.
ATTACHMENTS: Meeting Minutes for y~~r"y 7, 2.-007
FISCAL IMP ACTS (Include Budgeted Amount): N/ A
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N2
AI. ;;fl/;;7!c:;~
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, February 7, 2007
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 GOVERN'MENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, February 7, 2007, at 5:30 PM, with Council President Will Maupin presiding. Council
members present were Nick Wofford, Carol Arends, Dianne Robinson, Mike Shepherd, Wendy
Priest, Adam Brockus, Cecil McConnell, and Brad Gehring. Also present were City Attorney Roger
Lubovich; Assistant City Attorney Ken Bagwell; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehring followed by the invocation
provided by Pastor Roger Hennigan of Apostolic Life Tabernacle.
President Maupin announced that a Pre-Council Session to discuss General Council Business was
held prior to the meeting, and included a 15-Minute EXECUTIVE SESSION to discuss "Potential
Litigation" per RCW 42.30.110(1 )(i). He also noted that Ken Bagwell, the Assistant City Attorney
would be filling in for City Clerk Paula Johnston tonight.
MAYOR'S REPORT - There was no MA YOR'S REPORT tonight...
PUBLIC RECOGNITION & ANNOUNCEMENTS
Roger Lubovich explained that the Mayor directed his staff to prepare a memo in response to
questions asked about annexation of the SKIA during the Study Session last Wednesday, January
31, 2007, which is now available for viewing on the City's website atwww.ci.bremertQn.wi:u!s.
Roy Runyon expressed his opinion that the people of Bremerton deserved an opportunity to have a
binding vote on whether or not they approve of the plan for NASCAR because it is the ratepayers who
will ultimately be left with the financial obligations.
Mike Walton, Marketing Director for the Kitsap Family YMCA, provided a monthly update of the
activities taking place at the "Y", including Military Date Night the first Saturday of each month;
signups for Youth Instructional Basketball and the RunlWalk Series; Teen Late Night every Friday;
Splash & Jam the third Saturday of the month; and the upcoming Valentine Ice Cream Social on
Tuesday, February 13 from 5:00 to 6:30 PM. He stated that additional information all of these
activities can be found on their website at yvww.kitsap.famii'aD1ca.Q!.:..,.q.
Helen Miller announced that "Tax-Aide" was offering free income tax return preparation and filing for
elderly and low-income families. For more information, citizens may call (360) 377-8191.
CONSENT AGENDA
A. Check Numbers 314301 through 314674; and EFT-9495 through EFT-9524 in the amount of
$2,898,559.21 for the period ending January 31, 2007; Retiree Payroll in the amount of
$88,941.21 for the pay period ending January 31, 2007 and Regular Payroll in the amount of
$723,267.95 for the pay period ending January 31,2007 (#AB07-019)
B. Minutes of Meeting - January 24,2007 (#AB07-020)
C. Reclassification of a Firefighter position to a Lieutenant position (#AB07-021)
D. Tourism Promotion Services Agreement with the BREMERTON AREA CHAMBER OF COMMERCE
(#AB07 -022)
E. Contract Award to SOUND GLASS SALES, INC. for Jarstad Aquatic Center Clearstory Window and
Skylight Replacement (#AB07 -023)
There were no comments from the public.
05:44:22 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
City Council Reg. Mtg. Minutes
Wednesday, February 7,2007
Page 2 of 5
GENERAL BUSINESS
6A - APPOINTMENTS OF JOHN P. ALES; DAVID L. DINKUHN; LEA DUFFY; KIRK A. LEAF: AND
ABBEY M. SALMANS TO THE DESIGN REVIEW BOARD (#AB07-024): Wendy Priest, Council
Member, explained that in October 2006, the City Council approved the creation of the five member
Design Review Board. Mayor Bozeman is recommending the following citizens be appointed to that
board: John P. Ales, David L. Dinkuhn, Lea Duffy, Kirk A. Leaf, and Abbey M. Salmans.
John P. Ales; Kirk A. Leaf; and Abbey M. Salmans were in attendance tonight to thank the City
Council for their support, and expressed their appreciation with this opportunity to serve.
05:48:05 M/S/C/U (Priest/Shepherd) Move to confirm the appointments of John P. Ales, David L.
Dinkuhn, Lea Duffy, Kirk A. Leaf, and Abbey M. Salmans to the Design Review Board.-
6B - CHANGING THE NAME OF "LIONS COMMUNITY PLAYFIELD" TO "LIONS PARK" (#AB07-
025): Wyn Birkenthal, Parks & Recreation Director, explained that since 1959, the Bremerton
Central Lions Club has been instrumental in the development and improvement of Lions Community
Playfield. The Club's membership has helped fund the tennis courts, restrooms, play area, ball field
improvements, and storage building by donating cash and labor. In recognition of the fact that Lion's
Playfield is now a full service community park providing multiple recreational opportunities including
water access, tennis, basketball, athletic fields, and walking paths "the name designation of Lions
Park is more inclusive and appropriate than the current name Lions Community Playfield. This name
change was brought to the Parks & Recreation Board on January 23rd for recommendation, and
received unanimous support.
Betty Peterson, representing the Bremerton Central Lions Club, expressed the strong support of the
organization.
Mr. GehrinQ was reminded of his childhood years playing football at the park, expressed his full
support for the name change, and added this change was long overdue.
05:52:25 M/S/C/U (Robinson/Brockus) Move to approve changing the name Lions Community
Playfield to Lions Park.
PUBLIC HEARINGS
7A - ORDINANCE NO. 4998 ADOPTING THE WESTPARK SUB AREA PLAN AND AMENDING
SECTION 20.80.080 OF THE BREMERTON MUNICIPAL CODE (#AB07-026): Geoff Wentlandt,
Community Development, stated that the action before the Council is to conduct a public hearing and
adopt the Westpark Sub Area Plan; and concluded his presentation by highlighting several
amendments that were made in response to comments received from Council Members following a
Study Session on January 24, 2007:
Amendment 1: Low Impact Development (LID) - Stormwater
Amend the plan in targeted locations to ensure that on-site handling of stormwater is used to
greatest feasible extent. Add a sub-section following 'Drainage' (pgs. 13 & 14) called 'Low Impact
Development' .
Subsection will reference and activate the incentives and credits portion of the Kitsap Home
Builders Association LID project to encourage the use of LID techniques for stormwater, and to
allow deviation from typical City standard.
Include directive language in the 'Low Impact Development Section' to ensure a good faith effort
to include low impact development techniques (especially on-site retention of stormwate"r) to the
greatest feasible extent, at the time of preliminary plat application.
City Council Reg. Mtg. Minutes
Wednesday, February 7,2007
Page 3 of 5
Amend street standards (pgs. 49 - 53) to include another bullet under each street type, so that
planting strips may be converted to drainage swales to encourage LID, in any location through
review with staff at the time of preliminary plat application to the City.
Where LID stormwater detention techniques are used outside the ROW, they will be maintained
by BHA or a private homeowners' association.
Amendment 2: Tree Retention
Design attention was paid to minimizing extent of grading.
11 + acres are being retained with all existing trees in center of site and along freeway.
Substantial density increase and new roads require some cutting.
Amend Tree and Vegetation Preservation Requirements (pg. 60).- Add directive language for a
review of a tree survey at the time of building permit application to identify and designate all trees
and vegetated areas located within lots and yards that can be retained. Designated trees shall be
subject to preservation requirements at the time of building permit.
Amendment 3: Native VeQetation
Direct staff to review plantings list to refine for native plants only, and for those with shallow root
systems.
Direct staff to amend plant selection section. (pg. 61) to include a requirement to maximize the _
frequency and sizing for new trees based on species characteristics and health parameters for
new trees. No new tree shall have a DBH less than 2.5". Include language extending the term of
responsibility by BHA for the health of new trees through the landscape bonding.
Amendment 4 - Wireless Facilities
Revise allowable uses to allow for citing of wireless facilities on rooftops or in building mounted
locations only. Include design standards for the screening of such facilities. Ensure that no
stand-alone or obtrusive cell towers and similar facilities are allowable.
Lvnn Horton, Chair of the Bremerton Housing Authority Board of Directors, stated this project will
change the entire face of West Bremerton; and thanked Council Member Mike Shepherd for
suggesting the above amendments, which they fully support.
Kurt Weist, Executive Director of the Bremerton Housing Authority, stated that his responsibility was
to "get the best new Westpark that we can"; and his first commitment was to the current residents of
Westpark to assure that they continue to be involved in this process.
Brief presentations were provided by the following members of the Design Team: Katherine
Jerkovich, with MARATHON DEVELOPMENT, and Project Manager for the Westpark Redevelopment
Project; Robert Giek with RICE FERGUS MILLER ARCHITECTURE & PLANNING LLP; and Deanna
Seacomb, Market Researcher with TORTI GALLAS & PARTNERS.
President Maupin opened the Public Hearing.
Helen Miller was concerned with an earlier comment about public access to Oyster Bay; and asked if
Westpark was designated as a "Center" in the City Comprehensive Plan? Geoff Wentlandt
explained that a right-of-way strip next to a small Public Works facility building on the shoreline was
suggested as a possible access point to Oyster Bay; and the designation for the area is a "Public
Sector Redevelopment Site".
Mike Walton, Marketing Director with the YMCA, suggested that perhaps a membership with the
"YMCA" could be included as part of a "buyer's package" or "move-in" package for residents.
City Council Reg. Mtg. Minutes
Wednesday, February 7,2007
Page 4 of 5
Richard Nerf stated that he became involved with this project after attending a past charette because
he was concerned with the removal of trees, but is now satisfied that his suggestions were
considered, and is proud of what he is seeing done in the development of this project.
Gordv Bvrd wondered if they are tearing down the current buildings, and if so, where are the people
going to live? Ms. Jerkovich introduced Abbv Crisp, who summarized the relocation plan for the
current residents, which is based on HUD recommendations.
John Ales asked questions about low impact design and design guidelines, which were addressed
by David McAllister of PARAMETRIX.
President Maupin closed the Public Hearing.
06:41:20 The Motion was made (as amended), as discussion continued by the Council...
Mr. Shepherd appreciated the consideration shown to several amendments he submitted.
Mr. McConnell asked for clarification on owner occupied homes and whether group residential
homes were going to be permitted as part of this plan, which was addressed by Andrea Spencer,
Director of Community Development. He also asked questions about the Design Review Committee,
but Ms. Jerkovich explained that no final decisions on this committee have yet been made. Mr.
Lubovich added that the provision on group residential homes will be looked at further by the Legal
Department.
Mrs. Arends wanted to know if the streets were too narrow for emergency vehicles. Ms. Jerkovich
stated they wanted narrow streets for the project, but used the Eastpark Plan as a model. Mike
Mecham added that input from the City's Public Works Department was considered.
Mr. Gehring, Ms. Priest, Mr. Wofford, Ms. Robinson, Mr. Brockus, and Mr. Maupin provided
comments in support of the project; and expressed their thanks and appreciation for the
unprecedented line of communication open with the Bremerton Housing Authority, MARATHON
DEVELOPMENT, and RICE FERGUS MILLER ARCHITECTURE & PLANNING.
07:00:10 M/S/C/U (Priest/Wofford) Move to pass Ordinance No. 4998 to amend the Comprehensive
Plan to include the Westpark Sub Area Plan and amend BMC Section 20.80.080 to activate the
development regulations detailed in the Plan, as amended.
COUNCIL MEMBER REPORTS
Adam Brockus announced the next District 3 Neighborhood meeting would be held Tuesday,
February 27, 2007 at 7:00 PM at the Manette Senior Center.
Mike Shepherd provided a brief report on the last District 5 Neighborhood meeting held Saturday,
January 27,2007 at Cafe Augustino.
Dianne Robinson stated that she would be attending the AWC Legislative Action Conference in
Olympia next week along with several of her fellow Council Members, and mentioned several
Legislative Bills that she would be discussing with State Legislatures while there.
Carol Arends reminded citizens to visit the Charleston Business District.
Nick Wofford encouraged citizens to apply for several open City Boards, Commissions, and
Committees; and expressed his disappointment in the lack of turnout in the recent election.
City Council Reg. Mtg. Minutes
Wednesday, February 7,2007
Page 5 of 5
Will Maupin discussed the 2-1/2 hour Work Session held last night to finalize the 2007 Goals of the
City Council, which can be viewed on the website at www.ci.bremerton.wa.us; and thanked the City's
Finance Director Laura Lyon for the excellent job she did facilitating the meeting.
He further announced that due to several Council Members attending the Association of Washington
Cities (AWC) Legislative Action Conference in Olympia next week, there would not be a Council
Meeting on Wednesday February 14; however, the Council has scheduled a Study Session on
Tuesday, February 13 to hear presentations on upcoming agenda items. He reminded the Council
Members to reconvene in the Council Conference Room immediately following this meeting tonight to
continue the EXECUTIVE SESSION on "Potential Litigation" per RCW 42.30.110(1 )(i).
With no further business, President Maupin adjourned the Council Meeting at 7:11 PM.
Prepared and Submitted by:
~-~ ~
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lORI SMITH
Legislative Assistant
Attest:
PAULA JOHNSTON, City Clerk
WILL MAUPIN, City Council President
WM:PJ:ls:cg
DATE SUBMITTED: 2/07/2007
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
ffl3)yPD7- 02.9
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.........................................................................................
SUBJECT: Contract with OPUS
Northwest, LLC for the remodel of the
Oyster Bay Room in the Kitsap Conference
Center.
Committee Meeting Date: 2/13/2007
COUNCIL MEETING Date: 2/21/2007
Department: Econ. Development
Presenter: Gary Sexton
Phone: 360-473-5282
SUMMARY: The remodel of the Oyster Bay Room will increase the capacity of the space from 40
to over 70 occupants and will add natural light and outside view as well as revenue. Some of the
remodel specifications include the demolition of the north wall of the Oyster Bay Room, relocation of
existing door, building a new small soffit wall to tie ceilings together, electrical relocation of the fire
alarm strobe and exit sign, security for double door, painting and new carpet.
A TT ACHMENTS: OPUS Northwest LLC proposal
FISCAL IMPACTS (Include Budgeted Amount): This is an unbudgeted item. Total cost is for this
work is $32,938.00 ~ II"C()( ~ The Kitsap Conference Center Construction Fund has been closed
out as of December 31,2006. Residual amounts in this fund have now all been transferred to the
General Capital Improvement Fund (Fund 308). The residual funds represent interest earnings and
net remaining funds from the sale of the hotel and restaurant pad. The total remaining funds
transferred to the Capital Improvement Fund was $415,388 of which the City Council has previously
approved the expenditure of $250,000 to construct and equip the annex building to the Naval Museum
(Building 50) to further support the City's Conference Center Operations. The net remaining funds of
$165,388 are available in the fund balance of the General Capital Improvement Fund and are more
than sufficient to cover the costs of this remodel of the Oyster Bay Room in the Kitsap Conference
Center. An amendment to the 2007 budget authorizing the expenditure of $36,000 from the General
Capital Improvement Fund is required.
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, . ._, 4 I CONSENT AGENDA xl
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RECOMMENDED MOTION: I move to approve\: 2007 budget amendment authorizing the
expenditure of $36,000 from the General Capital Improvement Fund (Fund 308) and to approve the
contract with OPUS Northwest LLC for the remodel of the Oyster Bay Room in the Kitsap
Conference Center for the proposed price of $32,938.00'...D/'lC\.>\," . and authorize the Mayor to
finalize and execute the contract in substantially the same format. )
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COUNCIL PRESIDENT:
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
, OPUS
OPUS NORTHWEST, L.L.C.
Main Office
915118th Avenue S.E., Suite 300
Bellevue, Washington 98005
Phone (425) 453-4100 Fax: (425) 519-6800
2/1/07
Mr. Gary Sexton
City of Bremerton
239 4th Street
Bremerton, Washington 98337
Re: Bremerton Conference Center - Oyster Bay Room
Dear Mr. Sexton,
We appreciate the opportunity to continue to work with you on the con~truction of the Bremerton
Conference Center.
The attached estimate is based on the drawing by LIvIN Architecture dated 1-8-07. Attached you will find a
change proposal estimate for the tenant improvement work. The budget includes a ten percent contingency
and zero fee. In addition, you will find our clarifications and assumptions for the work outlined in the
attachement A.
Our goal is to best serve you and the Bremerton community. Again, we appreciate working with you on
this project and we are determined to make it a success.
Sincerely,
Chris Ascani
Project Manager
Cc Opus - Mike Hlastala
~ OPUS
Opus Northwest, L.L.C.
915 - 118th Avenue S.E.
Suite 300
Bellevue, WA 98005
Option A proposal
To:
Bremerton Harborside
Date:
1/10/2007
Job No.:
Job Name:
Bremerton Harborside Remodel
Oyster Bay Room
ATTN: Gary Sexton
Phone: Fax:
Descrintion: Brem"rton Harborside Remodel
Inclusions:
Option A: Option A pricing includes the following: The demolition of the existing North wall of the Oyster Bay room. The relocation of the existing Hollow metal door to
new location shown on the attached LMN drawing dated 1/8/07. Option A includes building a small soffit wall (approx 6" below ceiling grid) where the existing wall was
located to tie the two ceilings together. Electrical relocation of the fire alarm strobe, exit sign and security for the double door. Reloation of the existing T-stat and re-
balancing the Oyster Bay room. The carpet in the Oyster Bay Room has been discontinued. We have allowed $5,813 for the removal and installation of new carpet in
this area. Painting clean up and supervision is included.
. Includes attachment A dated 2/1/07.
Code Description Subcontractor: Quantity Unit Unit Rate Subtotal
1 General Demolition, Framing, Rough Carpentry & Doors Sessler 1 Is $8,378.00 $8,378
2 Demo ceiling grid/re-install grid & metal tile ADI 400 sf $11.00 $4,400
3 Electrical: Move fire alarm and security on existing door to new location Valley 1 Is $2,500.00 $2,500
4 HVAC: Move T-stat and balance system for new space MacDonald Miller 21 hrs $55.00 $1,155
5 Demo existing carpet and install new. Division 9 132 SY $44.00 $5,813
6 Painting and touch up VS Painting 32 hrs $65.00 $2.080
7 Opus General Overhead and accounting Opus 25 hrs $95.00 $2,375
8 Misc. Expenses Opus 1 Is $500 $500
Clarifications:
. Work will be done during normal working hours SUBTOTAL $27,201
FEES 0% $0
SUBTOTAL $27,201
Contingency $2,720
B&O Tax and Insurance @ 1.5% $408
~. I SALES TAX 8.6% $2,608
THE ADDITIONAL CHARGE FOR THE ABOVE WORK IS:
By signature below the tenant agrees to pay the above amount for the additional work.
Gary Sexton
Print Name & Title
Opus Northwest L.L.C.
Chris Ascani - Project Manager
Print Name & Title
Authorized Signature
Date
Date
Attachment A
BREMERTON HARBORSIDE
OYSTER BAY ROOM REMODEL
2/1/07
CLARIFICATIONS AND ASSUMPTIONS OPTION A
I. CLARIFICATIONS AND ASSUMPTIONS:
General Design assumptions are as follows:
1. DIVISION 01 - GENERAL CONDITIONS.
. Duration of the project is to be no less than 4 weeks from mutual acceptance.
. Weather is variable and we have not included any time or budget money to deal with weather
delays.
. We assume we can work normal working hours and construction work days.
2. DIVISION 08 - DOORS AND WINDOWS.
. Includes re-using the existing double door located in the Oyster Bay room. No additional
doors, frames or hardware has been included. "
3. DIVISION 09 - FINISHES.
. Finishes are limited to painted drywall, new carpet at an allowance of $5,813 only. No other
finishes have been included in this estimate included matching of existing materials (i.e.
fabric panels, etc.)
4. DIVISION 12 - FURNISHINGS.
. Owner to provide all room furnishings.
5. DIVISION 15 - MECHANICAL.
. HVAC is limited to the relocation of the T-stat and balancing the existing room only. This is
assuming that we can install the new wall and door location to avoid existing VAV's.
6. DIVISION 16 - ELECTRICAL
. Electrical is limited to the removal and relocation of all electrical device (i.e. fire strobe,
security) on the gwb wall to be demolished. All outlets, high and low voltage devices to
remain.
7. SOFT COSTS - EXCLUDED FROM THIS ESTIMATE
. No consultant fees have been included:
. No permit fees have been included.
. Any additional sound requirements to this space have not been included.
. Retention
. Off hours work. Working around conference center functions. We assume that this
work can be partitioned off and performed during business hours of 7 to 4pm.
GENERAL CONDITION TERMS:
PROGRESS PAYMENTS
1.0 Based upon Applications for Payment submitted to the Owner by the Design-Builder, the
Owner shall make timely progress payments on account of the Design-Build Agreement Sum to
the Design-Builder as provided in this Design-Build Agreement and such amounts as are
consistent with Design-Builder's Applications for Payment and Design-Builder's actual percentage
of completion of the Work. The period covered by each Application for Payment shall be one
calendar month ending on the last day of the month. Payment shall be made on the tenth day
following the previous month's Application for Payment.
2.0 Design-Builder may withhold retainage from its Subcontractors in the amount of five (5)
percent. Owner shall not withhold retainage from Design-Builder in an amount greater than or
less than the amount of retainage Design-Builder has withheld from its Subcontractors. To the
extent Design-Builder withholds retainage from its Subcontractors, Owner agrees to pay Design-
Builder and Design-Builder agrees to pay Subcontractor the retainage within thirty (30) days of
when Subcontractor has completed its work and fulfilled each of its obligations under its
Subcontract with Design-Builder.
3.0 Payments due and unpaid under the Design-Build Agreement shall bear interest from the
date payment is due at the rate of twelve percent (12%) per annum.
FINAL PAYMENT
4.0 Final payment, constituting the entire unpaid balance of the Design-Build Agreement Sum,
shall be paid by the Owner to the Design-Builder when the Design-Build Agreement has been
fully performed by the Design-Builder but no later than thirty (30) calendar days after
Substantial Completion. Assumes punch list is 100% complete prior to final payment.
CHANGES IN THE WORK
5.0 The Owner, without invalidating the Design-Build Agreement, may order changes in the
Work consisting of additions, deletions or modifications, with the Price, and the Contract Time
being adjusted accordingly. Such changes in the Work shall be authorized by written Change
Order signed by the Owner and Design-Builder.
6.0 The Design-Build Agreement Sum and Design-Build Agreement Time shall be changed
only by Change Order.
7.0 The cost or credit to the Owner from a change in the Work shall be determined by mutual
written agreement between Owner and Design-Builder.
8.0 In the event that any Change Order results in a reduction of the Cost Of The Work, such
reduction in the Cost Of The Work shall not result in a reduction of the Fees. The Fees shall be
earned and owing to the Design-Builder from the Owner regardless of any reduction in the Cost
Of The Work pursuant to said Change Order.
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DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
*07- 03'6-
51>
........................................................................................
SUBJECT: Budget adjustment to dept 46 Committee Meeting Date:
tz>..- fU'~Se. o~ 3 P\re Dept COUNCIL MEETING Date:
S-t&<fF- COors; I BRAT VCtVl; I Pw Department:
5e'{"V'1 cf...- Bod y -r '('lAck; V\...V\.d Presenter:
II CcV\-t- \ I c+ Mov,i-toy- \\ t<-€flocewt<:'.YlT
2/13/2007
2/21/2007
PW & Util
Jim Orton, Fleet
Manager
5356
Phone:
SUMMARY: The approved 2007 capitol budget for vehicle replacement had omitted 5 vehicles that
were intended to be replaced in 2007. These vehicles consist of 3 Fire dept staff cars, one van in
General fund (B KAT), and 1 service body truck for Public Works. There is also a request to replace a
"conflict monitor" for Electronics division which is outdated and cannot meet its annual certification.
These vehicles have ample funds in the 510 Account for replacement and they have reached their
anticipated retirement date. The total cost to replace these vehicles is $] 41 ,000.
ATTACHMENTS: none
FISCAL IMPACTS (Include Budgeted Amount): $14] ,000
APPROV ALS: G~ '
~,,') \ ,"
DEPARTMENT DIRECTOR: ~ '... /,} S/;{~
~/J". ~~/
CITY ATTORNEY: /5rrh""~:~':7 ;/
FINANCE DIRECTOR: /~:""'-::".~ "'~./,
// I
MA YOR: .c./
~,
C~v... e 6~-<-v_
\ ""1 /l /
COUNCIL PRESIDENT: /4' ~. //,,' u: ',/ .
/ (~/
RECOMMENDED MOTION: That the City Council a 'prove a budget adjustment to the 510
Account in the Amount of $141,000 for purchase of 3 Fire Department Staff Cars, 1 van BKA T, and 1
Public Works & Utilities Service Body Truck and a conflict monitor.
I CONSENT AGENDA X I
rIll 1 . ~ .-
1_ I .1
'-"1.....1'\.'"'"1 1,-", ,~.
p~
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
)jY07- 031
5E
........................................................................................
SUBJECT: Purchase of Police vehicles (1)
Committee Meeting Date: 2/13/2007
COUNCIL MEETING Date: 2/21/2007
Department: PW & Uti I
Presenter: Jim Orton, Fleet
Manager
Phone: 5356
SUMMARY: 2007 approved budget for 510 shows replacement of 5 patrol cars and 2 warrants cars
for the Police Dept. These vehicles are on a replacement schedule and have accumulated funds for
replacement. The total cost for seven (7) vehicles is $157,280 including sales tax. These vehicles are
on state contract and the dealer is Columbia Ford of Longview W A.
ATTACHMENTS: none
FISCAL IMPACTS (Include Budgeted Amount): $157,280
"........----......."';
APPROVALS: /' i""" ./ 14
.( __._- ',' /; / > , /i>~<
DEPARTMENT DIRECTOR~" ~(.--~?,'h..F/. vj /f./(~..t(:t.'-v..~---~ ..~
c"'""-.,... ., _ :,:.:::.
CITY A TIORNEY: '"../'" -A . ~ . ~ . >'~
FINANCE DIRECTOR: /;Y: /.':. I/;('fi~ a:~~
/' /' .. /0 #' ... h_...,__ ,
MA YOR: i,'/ ' ~("'. ==;,;?..,.......j{
p'
fIO o..~ LlV~"'~"
8r~....LHnJl~>J~ PW
I CONSENT AGENDA ~ I
C(/~ec~.-.. "c 6:~L-=-.
i" \ ld~' .
/' .LJ"L.tr: . v- //2...-.--..
( .::;/'
RECOMMENDED MOTION: Staff recomends 'council approval to purchase seven (7) Ford
Crown Victorias from Columbia Ford of Longview for a total cost of $157,280 including sales tax.
COUNCIL PRESIDENT:
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
DATE SUBMITTED: January 29, 2007
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
"jf- 0 7 - D 3 ~2;.-
SF
I.......................................................................................
SUBJECT: Budget Adjustment - Personnel Committee Meeting Date: 2/13/2007
COUNCIL MEETING Date: 2/2 ] /2007
Department: Pub Wks & Utilities
Presenter: r. R. LttCM ;:rIm Or--tDn
Phone: 473-2328 F ,~+- MCth'lj
SUMMARY: During the 2007 Budget Process, a desk audit was being conducted by the Civil
Service Officer on the Lead Automotive Equipment Technician classification. This desk audit was
not completed until after the 2007 budget was approved. The desk audit recommended that the Lead
Automotive Technician be reclassified as an Automotive Equipment Technician Supervisor and that
the pay band be changed from band 15 to band] 7 to remain consistent with other supervisor positions
within the City. The requested budget adjustment would remove the position of Lead Automotive
Equipment Technician and replace it with Automotive Equipment Technician Supervisor and place
the new position at Pay Band] 7.
ATTACHMENTS: Job Classification - Automotive Equipment Technician Supervisor
FISCAL IMPACTS (Include Budgeted Amount): Increase in pay would be $4,023.00
A.PPROVALS.: i/.-'~.'l ).. :A:&. ''".~
.J --. /' A/,.~
DEPARTMENT DIRECTOR':.---::___--") '1"'- ~ .>' _... _,~~:~~_",,> ....... /;;'
- /
CITY ATTORNEY: '- ,~ /
FINANCE DIRECTOR:
MA YOR:
~ft:p
FL. I:T 'T I>Jn.l2l~
LF~~ . ~Tr.Jr~ pIA) C-~~_ (--: ~.~____
COUNCIL PRESIDENT: 4Ll~Y'l/!~ ~~ ~_
RECOMMENDED MOTION: That the City C~iincil ap~e a budget adjustment in personnel
within the Department of Public Works & Utilities eliminating a Lead Automotive Equipment
Technician; replac4ing it with an Automotive Equipment Technician Supervisor with compensation at
Pay Band 17 effective January 1,2007.
CONSENT AGENDA X
.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
AUTOMOTIVE EQUIPMENT TECHNICIAN - SUPERVISOR
JOB CLASSIFICATION
GENERAL FUNCTION
Performs a variety of skilled mechanical and preventive maintenance and related work to ensure effective operation
of all equipment in the City of Bremerton. Coordinates, assigns. and reviews the work of mechanics. Provides
assistance to ensure the quality and timeliness of work performed.
REPRESENTATIVE ESSENTIAL DUTIES AND RESPONSIBILITIES (Note - This list is intended only to
illustrate the various types of work that may be performed. The omission of specitic statements does not exclude
them from the position. )
Perfonn repairs on heavy equipment and vehicles, including but not limited to, diesel and gasoline engines,
electrical systems, air brakes, hydraulic brakes, hydraulic systems, automatic transmissions, standard transmissions
and clutches, suspension systems and computer control systems. Perform welding repairs and fabrication to various
types of equipment.
Coordinate and oversee parts and supply requisitioning, inventory control, and maintain records of time, materials,
parts and work performed. Assign jobs to personnel as needed.
Provide daily work assignments, direction and supervision to Automotive technicians. Coordinate training needs for
technicians, provide evaluation recommendations and acts in the absence of Fleet Manager.
Provides daily supervision of shop operation and manages an inventory of automotive parts and equipment.
Assists Fleet Manager with the planning and acquisition of new equipment, establishing budgetary needs and
disposal of surplus equipment.
Communicate with customers and supervisors as to needed repairs. Advise management on equipment specitications
and methods for equipment repair.
Research parts costs and meet with Vendors to evaluate new products and negotiate the best possible price and
servIce.
Other Duties
Regular attendance is an essential requirement
Performs related work as assigned and/or required
KNOWLEDGE. SKILLS AND ABILITIES <Entrv Requirements)
Knowledge of:
Extensive knowledge of methods, equipment and materials used in the overhaul, repair and maintenance of heavy-
duty equipment, construction equipment, vehicles and small engine equipment.
Repair and maintenance of chassis and body components; ignition, electrical, cooling and fuel injection systems;
hydraulic and pneumatic systems; air and hydraulic brakes; equipment modification and rebuild techniques; gas and
electric welding techniques; work and parts ordering and tracking systems.
Requirements for emergency vehicle repair and specification and health and safety requirements.
Skill in:
Diagnose defects in and repair a wide variety of maintenance and construction equipment as well as general and tire
department apparatus to include pumps. Diagnose transmission problems, both automatic and manual. Servicing
and repairing brake systems. both air and hydraulic.
Mechanic -- Lead
Revised: August 200 I
Page I of 3
Overhaul engines, both diesel and gasoline to required specifications.
Using shop tools and testing or diagnostic equipment safely and efficiently.
Performing routine servicing and making minor repairs to vehicles and other equipment. Road testing vehicles after
repaIr.
Ability to:
Effectively communicate both orally and in writing. Maintain records and reports. Provide work directions to
others. Meet schedules and time constraints.
Read and understand written instructions such as parts and service manuals, work orders, time cards, memos, etc.
Follow verbal instructions and promote safe work practices.
Design or modify and install hydraulic systems and other special accessories to equipment.
Work with computer programs such as Word and Excel.
QUALIFYING EDUCATION AND EXPERIENCE (Minimum Requirements)
Any combination of education and experience equivalent to a High school diploma or G.E.D. and completion of a
recognized automotive machinist apprenticeship or ASE Master Mechanic Certification Program.
And five years of experience in the repair, overhaul, and maintenance of a variety of vehicles and power-driven
equipment with previous experience in one or more specialty areas.
Special Requirements
Valid Washington State Commercial Driver's License (CDL) with a Class "A" Endorsement.
Emergency Vehicle Technician certification is desired, but not required.
PHYSICAL REQUIREMENTS
Bending, climbing, crouching, pushing, pulling and standing for long periods of time. May need to lift up to 50
pounds. Close vision and the dexterity to manipulate small tools in tight spaces is necessary. Operation of heavy
trucks or equipment and rotating machinery.
WORKING CONDITIONS
Indoors and outdoors, with loud noises, alarms, smoke or noxioLls fumes. May be subject to extreme temperatures
on the job. May be exposed to oil or other solvents. Wearing vision and hearing protection devices may be
required.
LEGAL and REGULA TORY EMPLOYMENT CONDITIONS
Fair Labor Standards Act: The classification is exempt under the laws of fair Labor Standards Act minimum wage and
overtime provisions.
Representation: The classification is included in the bargaining unit pursuant to the Recognition Article of the current
labor agreement between the City of Bremerton and the Teamsters Local 589.
Civil Service: The classification is included in the City's Civil Service System.
Mechanic - Lead
Revised: August 200 I
Page 2 of 3
Appointment and Removal Authority: The position is filled by appointment by the Department Head. Removal is
by action of the Department Head in confonnance with Civil Service Rules.
This classitication specification does not constitute an employment agreement between the City and employee. It is
subject to change by the City, with approval by the Civil Service Commission, as the needs of the City and
requirements change.
Mechanic - Lead
Revised: August 2001
Page :1 of :1
Charles Ernst Jr.
Monthly Salary
Certification Pay
Cleaning & Tools
Pers 2
Social Security
Medicare
Medical
Dental
Vision
L & I (per month)
Workers Comp (per month)
Annual Salary and Deferred Comp
Annual Benefits
Currently
Band 15 Monthly
28.90 hr 5,009.33
25.00
29.17
273.51
310.58
72.64
900.50
155.70
11.35
5.82
100.53
6,894.13
5.46%
6.20%
1.45%
900.50
155.70
11.35
5.82
100.53
60,111.96
22,617.60
82,729.56
Projected
Band 17 Monthly
30.61 hr 5305.73
25.00
29.17
289.69
328.96
76.93
900.50
155.70
11.35
5.82
100.53
7229.38
5.46%
6.20%
1.45%
900.50
155.70
11.35
5.82
100.53
63,668.76
23,083.80
86,752.56
Increase from B15 4,023.00
DATE SUBMITTED: February 7, 2007
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
/JFo7- 033
'5f:t
........................................................................................
SUBJECT: PSE Schedule 74 Underground
Conversion Agreement for 1 st Street,
Washington Avenue to Pacific Avenue
Committee Meeting Date: February 14,2007
COUNCIL MEETING Date: February 21, 2007
Department: PW &U, Engineering
Presenter: Mike Mecham
Phone: (360)473-5288
SUMMARY: In conjunction with the Bremerton Downtown Ferry Tunnel Project it is necessary to
underground the existing electrical distribution system located on 1 st St. between Pacific Avenue and
Washington Avenue. The Schedule 74 Underground Conversion Agreement with Puget Sound
Energy will govern the completion of the Conversion Project.
ATTACHMENTS: 1. Schedule 74 Underground Conversion Agreement. 2. Council Summary
FISCAL IMPACTS (Include Budgeted Amount): The City is responsible for an estimated $57,260
in shared expenses. City costs for this work will be reimbursed through the Utility Relocation
Agreement with Washington State Department of Transportation previously approved by the City
Council on January 3, 2007.
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
-'.j!
~~LJ1''--ILJ LJI"'m~
"6'--~L1 '-'~~ 1 n.
/--;1
/~ jl_ .L! ~
vqc-C-.v-vr e - ~ =------...-----
/(U~R;?;1L? ~ ' '
RECOMMENDED MOTION: Move to authori~e the 'ayor to finalize and execute the Schedule
74 Und~rground Conversion Agreement for 1 st Street from Washington Avenue to Pacific Avenue
with Puget Sound Energy with substantially the same terms and conditions as presented.
r.~T~.TlOlTU PvJ
COUNCIL PRESIDENT:
I CONSENT AGENDA:g) I
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
ab/Agenda Bills 2007/PSE Schedule 74
o Continue 0 No Action
Council Summary
PSE Schedule 74
Underground Conversion Agreement
1 st Street, W ashington Ave. to Pacific Ave.
Agreement Summary
The existing overhead electrical system located on 15t Street between Pacific Avenue and
Washington Avenue will conflict with the improvements planned for the Downtown
Bremerton Ferry Tunnel Project. Converting the overhead system to a comparable
underground electrical distribution system requires executing an agreement between
Puget Sound Energy (PSE) and the City. The agreement is developed in accordance with
Schedule 74 ofPSE's Electric TariffG.
The agreement identifies the scope of work, schedule, obligations of each entity and
compensation for work performed. As part of the agreement, City staff will be
performing the trenching, duct and vault installation and pavement restoration. Initial
restoration performed by the City will include temporary patching with asphalt pavement.
Final restoration will be completed as part of the Tunnel Project. PSE will furnish the
materials, provide inspection and complete the electrical conversion system. Work is
expected to begin on approximately March 5, 2007 and be completed within two weeks.
Fiscal Summary
The design and construction cost estimate is $129, 400. The City estimated share of these
costs is $57,260. The City's share will be reimbursed by the Washington State
Department of Transportation as part of a Utility Relocation Agreement previously
approved the City Council on January 3, 2007.
SCHEDULE 74 UNDERGROUND CONVERSION
Project Construction Agreement
Project Name: City of Bremerton -Downtown Bremerton Pedestrian/BTC Access Improvements
Project Number: #101035916
THIS Agreement, dated as of this _ day of ,200_, is made by and
between City of Bremerton, a Municipal Corporation (the "Government Entity"), and PUGET SOUND
ENERGY, Inc., a Washington Corporation (the "Company").
RECITALS
A. The Company is a public service company engaged in the sale and distribution of electric
energy, and pursuant to its franchise or other rights from the Government Entity, currently locates its
electric distribution facilities within the jurisdictional boundaries of the Government Entity.
B. The Government Entity has determined that it is necessary to replace the existing overhead
electric distribution system within the area specified in the Project Plan (as defined below) (the
"Conversion Area") with a comparable underground electric distribution system, all as more specifically
described in the Project Plan (the "Conversion Project").
C. The Government Entity and the Company have previously entered into a Project Design
Agreement dated as of July 19, 2006 (the "Design Agreement"), pursuant to which the parties completed
certain engineering design,. cost assessment, operating rights planning and other preliminary work relating
to the Conversion Project and, in connection with that effort, developed the Project Plan.
D. The Government Entity and the Company wish to execute this written contract in accordance
with Schedule 74 of the Company's Electric Tariff G ("Schedule 74") to govern the completion of the
Conversion Project, which both parties intend shall qualify as an underground conversion under the terms
of Schedule 74.
AGREEMENT
The Government Entity and the Company therefore agree as follows:
1. Definitions.
(a) Unless specifically defined otherwise herein, all terms defined in Schedule 74 shall have the same
meanings when used in this Agreement, including, without limitation, the following:
i) Cost of Conversion;
ii) Public Thoroughfare;
iii) Temporary Service;
iv) Trenching and Restoration;
v) Underground Distribution System; and
vi) Underground Service Lines.
(b) "Company-Initiated Upgrade" shall mean any feature of the Underground Distribution System
which is required by the Company and is not reasonably required to make the Underground
Distribution System comparable to the overhead distribution system being replaced. For
purposes of the foregoing, a "comparable" system shall include, unless the Parties otherwise
agree, the number of empty ducts (not to exceed two (2), typically having a diameter of 6" or less)
Construction Agreement, Attachment "B" to Schedule 74, Page 1
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
of such diameter and number as may be specified and agreed upon in the Project Plan necessary
to replicate the load-carrying capacity (system amperage class) of the overhead system being
replaced.
(c) "Estimated Reimbursable Private Conversion Costs" shall mean the Company's good faith
estimate of the Reimbursable Private Conversion Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(d) "Estimated Reimbursable Temporary Service Costs" shall mean the Company's good faith
estimate of the Reimbursable Temporary Service Costs, as specified in the Project Plan and as
changed and adjusted from time to time in accordance with Section 6, below.
(e) "Estimated Reimbursable Upgrade Costs" shall mean the Company's good faith estimate of the
Reimbursable Upgrade Costs, as specified in the Project Plan and as changed and adjusted from
time to time in accordance with Section 6, below.
(f) "Estimated Shared Company Costs" shall mean the Company's good faith estimate of the Shared
Company Costs, as specified in the Project Plan and as changed and adjusted from time to time
in accordance with Section 6, below.
(g) "Estimated Shared Government Costs" shall mean the Government Entity's good faith estimate of
the Shared Government Costs, as specified in the Project P.lan and as changed and adjusted
from time to time in accordance with Section 6, below.
(h) "Government-Requested Upgrade" shall mean any feature of the Underground Distribution
System which is requested by the Government Entity and is not reasonably required to make the
Underground Distribution System comparable to the overhead distribution system being replaced.
For purposes of the foregoing, any empty ducts installed at the request of the Government Entity
shall be a Government-Requested Upgrade.
(i) "Party" shall mean either the Company, the Government Entity, or both.
U) "Private Property Conversion" shall mean that portion, if any, of the Conversion Project for which
the existing overhead electric distribution system is located, as of the date determined in
accordance with Schedule 74, (i) outside of the Public Thoroughfare, or (ii) pursuant to rights not
derived from a franchise previously granted by the Government Entity or pursuant to rights not
otherwise previously granted by the Government Entity.
(k) "Project Plan" shall mean the project plan developed by the Parties under the Design Agreement
and attached hereto as Exhibit A, as the same may be changed and amended from time to time in
accordance with Section 6, below. The Project Plan includes, among other things, (i) a detailed
description of the Work that is required to be performed by each Party and any third party, (ii) the
applicable requirements and specifications for the Work, (iii) a description of the Operating Rights
that are required to be obtained by each Party for the Conversion Project (and the requirements
and specifications with respect thereto), (iv) an itemization and summary of the Estimated Shared
Company Costs, Estimated Shared Government Costs, Estimated Reimbursable Private
Conversion Costs (if any), Estimated Reimbursable Temporary Service Costs (if any) and
Estimated Reimbursable Upgrade Costs (if any), and (v) the Work Schedule.
(I) "Operating Rights" shall mean sufficient space and legal rights for the construction, operation,
repair, and maintenance of the Underground Distribution System.
(m) "Reimbursable Private Conversion Costs" shall mean (i) all Costs of Conversion, if any, incurred
by the Company which are attributable to a Private Property Conversion, less (ii) the distribution
pole replacement costs (if any) that would be avoided by the Company on account of such Private
Property Conversion, as determined consistent with the applicable Company distribution facilities
Construction Agreement, Attachment "B" to Schedule 74, Page 2
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
replacement program, plus (iii) just compensation as provided by law for the Company's interests
in real property on which such existing overhead distribution system was located prior to
conversion; provided that the portion of the Reimbursable Private Conversion Costs attributable to
the Costs of Conversion under subparagraph (i) of this paragraph shall not exceed the Estimated
Reimbursable Private Conversion Costs without the prior written authorization of the Government
Entity.
(n) "Reimbursable Temporary Service Costs" shall mean all costs incurred by the Company which
are attributable to (i) any facilities installed as part of the Conversion Project to provide Temporary
Service, as provided for in Schedule 74, and (ii) the removal of any facilities installed to provide
Temporary Service (less salvage value of removed equipment); provided that the Reimbursable
Temporary Service Costs shall not exceed the Estimated Reimbursable Temporary Service Costs
without the prior written authorization of the Government Entity.
(0) "Reimbursable Upgrade Costs" shall mean all Costs of Conversion incurred by the Company
which are attributable to any Government-Requested Upgrade; provided that the Reimbursable
Upgrade Costs shall not exceed the Estimated Reimbursable Upgrade Costs without the prior
written authorization of the Government Entity.
(p) "Shared Company Costs" shall mean all Costs of Conversion (other than Reimbursable Upgrade
Costs, Reimbursable Private Conversion Costs and Reimbursable Temporary Service Costs)
incurred by the Company in connection with the ConversionProject; provided, however, that the
Shared Company Costs shall not exceed the Estimated Shared Company Costs without the prior
written authorization of the Government Entity. For the avoidance of doubt, the "Shared Company
Costs" shall, as and to the extent specified in the Design Agreement, include the actual,
reasonable costs to the Company for the "Design Work" performed by the Company under the
Design Agreement.
(q) "Shared Government Costs" shall mean all Costs of Conversion incurred by the Government
Entity in connection with (i) any duct and vault installation Work which the Parties have specified
in the Project Plan is to be performed by the Government Entity as part of the Government Work,
and (ii) the acquisition of any Operating Rights which the Parties have, by mutual agreement,
specified in the Project Plan are to be obtained by the Government Entity for the Conversion
Project, but only to the extent attributable to that portion of such Operating Rights which is
necessary to accommodate the facilities of the Company; provided, however, that the Shared
Government Costs shall not exceed the Estimated Shared Government Costs without the prior
written authorization of the Company.
(r) "Total Shared Costs" shall mean the sum of the Shared Company Costs and the Shared
Government Costs. For the avoidance of doubt, the Total Shared Costs shall not include, without
limitation, (i) costs to the Government Entity for Trenching and Restoration, or (ii) costs associated
with any joint use of trenches by other utilities as permitted under Section 3(b).
(s) "Work" shall mean all work to be performed in connection with the Conversion Project, as more
specifically described in the Project Plan, including, without limitation, the Company Work (as
defined in Section 2(a), below) and the Government Work (as defined in Section 3(a), below).
(t) "Work Schedule" shall mean the schedule specified in the Project Plan which sets forth the
milestones for completing the Work, as the same may be changed and amended from time to
time in accordance with Section 6, below.
2. Obliqations of the Company.
(a) Subject to the terms and conditions of this Agreement, the Company shall do the following as
specified in, and in accordance with the design and construction specifications and other
requirements set forth in, the Project Plan (the "Company Work"):
Construction Agreement, Attachment "B" to Schedule 74, Page 3
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
i). furnish and install an Underground Distribution System within the Conversion Area
(excluding any duct and vault installation or other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity);
ii) provide a Company inspector on-site at the times specified in the Work Schedule to
inspect the performance of any duct and vault installation Work which the Parties
have specified in the Project Plan is to be performed by the Government Entity; and
iii) upon connection of those persons or entities to be served by the Underground
Distribution System and removal of facilities of any other utilities that are connected to
the poles of the overhead system, remove the existing overhead system (including
associated wires and Company-owned poles) of 15,000 volts or less within the
Conversion Area except for Temporary Services.
(b) Upon request of the Government Entity, the Company shall provide periodic reports of the
progress of the Company Work identifying (i) the Company Work completed to date, (ii) the
Company Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Company Costs, the Estimated
Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable Temporary Service
Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and the Work Schedule.
(c) Except as otherwise provided in the Company's Electric Tariff G, the Company shall own, operate
and maintain all electrical facilities installed pursuant to this Agreement including, but not limited
to, the Underground Distribution System and Underground ~ervice Lines.
(d) Subject to the terms and conditions of this Agreement, the Company shall perform all Company
Work in accordance with the Project Plan, the Work Schedule and this Agreement.
3. Obliqations of the Government Entity.
(a) Subject to the terms and conditions of this Agreement, the Government Entity shall do the
following as specified in, and in accordance with the design and construction specifications and
other requirements set forth in, the Project Plan (the "Government Work"):
i) provide the Trenching and Restoration;
ii) perform the surveying for alignment and grades for ducts and vaults; and
iii) perform any duct and vault installation and other Work which the Parties have
specified in the Project Plan is to be performed by the Government Entity.
(b) Other utilities may be permitted by the Government Entity to use the trenches provided by the
Government Entity for the installation of their facilities so long as such facilities or the installation
thereof do not interfere (as determined pursuant to the Company's electrical standards) with the
Underground Distribution System or the installation or maintenance thereof. Any such use of the
trenches by other utilities shall be done subject to and in accordance with the joint trench design
specifications and installation drawings set forth or otherwise identified in the Project Plan, and the
Government Entity shall be responsible for the coordination of the design and installation of the
facilities of the other utilities to ensure compliance with such specifications and drawings.
(c) Upon request of the Company, the Government Entity shall provide periodic reports of the
progress of the Government Work identifying (i) the Government Work completed to date, (ii) the
Government Work yet to be completed, and (iii) an estimate regarding whether the Conversion
Project is on target with respect to the Estimated Shared Government Costs and the Work
Schedule.
(d) The Government Entity shall be responsible for coordinating all work to be performed in
connection with the street improvement program within the Conversion Area.
Construction Agreement, Attachment uB" to Schedule 74, Page 4
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
(e) Subject to the terms and conditions of this Agreement, the Government Entity shall perform all
Government Work in accordance with the Project Plan, the Work Schedule and this Agreement.
4. Work Schedule.
(a) The Government Entity and the Company have agreed upon the Work Schedule as set forth in
the Project Plan. Changes to the Work Schedule shall be made only in accordance with
Section 6, below.
(b) Promptly following the execution of this Agreement, and upon completion by the Government
Entity of any necessary preliminary work, the Government Entity shall hold a pre-construction
meeting involving all participants in the Conversion Project to review project design, coordination
requirements, work sequencing and related pre-mobilization requirements. Following the pre-
construction meeting, the Government Entity shall give the Company written notice to proceed
with the Work at least ten (10) business days prior to the commencement date specified in the
Work Schedule.
(c) Subject to the terms and conditions of this Agreement, each Party shall perform the Work
assigned to it under this Agreement in accordance with the Work Schedule. So long as the
Company performs the Company Work in accordance with the Work Schedule, the Company
shall not be liable to the Government Entity (or its agents, servants, employees, contractors,
subcontractors, or representatives) for any claims, actions, damages, or liability asserted or
arising out of delays in the Work Schedule."
5. Location of Facilities.
All facilities of the Company installed within the Conversion Area pursuant to this Agreement shall be
located, and all related Operating Rights shall be obtained, in the manner set forth in the applicable
provisions of Schedule 74, as specified by the Parties in the Project Plan.
6. Chanqes.
(a) Either Party may, at any time, by written notice thereof to the other Party, request changes in the
Work within the general scope of this Agreement (a "Request for Change"), including, but not
limited to: (i) changes in, substitutions for, additions to or deletions of any Work; (ii) changes in the
specifications, drawings and other requirements in the Project Plan, (iii) changes in the Work
Schedule, and (iv) changes in the location, alignment, dimensions or design of items included in
the Work. No Request for Change shall be effective and binding upon the Parties unless signed
by an authorized representative of each Party.
(b) If any change included in an approved Request for Change would cause a change in the cost of,
or the time required for, the performance of any part of the Work, an equitable adjustment shall be
made in the Estimated Shared Company Costs, the Estimated Shared Government Costs, the
Estimated Reimbursable Private Conversion Costs (if any), the Estimated Reimbursable
Temporary Service Costs (if any), the Estimated Reimbursable Upgrade Costs (if any) and/or the
Work Schedule to reflect such change. The Parties shall negotiate in good faith with the objective
of agreeing in writing on a mutually acceptable equitable adjustment. If the Parties are unable to
agree upon the terms of the equitable adjustment, either Party may submit the matter for
resolution pursuant to the dispute resolution provisions in Section 10, below.
(c) The Work Schedule, the Estimated Shared Company Costs, the Estimated Shared Government
Costs, the Estimated Reimbursable Private Conversion Costs, the Estimated Reimbursable
Temporary Service Costs and/or the Estimated Reimbursable Upgrade Costs shall be further
equitably adjusted from time to time to reflect any change in the costs or time required to perform
the Work to the extent such change is caused by: (i) any Force Majeure Event under Section 11,
below, (ii) the discovery of any condition within the Conversion Area which affects the scope, cost,
Construction Agreement, Attachment "B" to Schedule 74, Page 5
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
schedule or other aspect of the Work and was not known by or disclosed to the affected Party
prior to the date of this Agreement, or (iii) any change or inaccuracy in any assumptions regarding
the scope, cost, schedule or other aspect of the Work which are expressly identified by the Parties
in the Project Plan. Upon the request of either Party, the Parties will negotiate in good faith with
the objective of agreeing in writing on a mutually acceptable equitable adjustment. If, at any time
thereafter, the Parties are unable to agree upon the terms of the equitable adjustment, either
Party may submit the matter for resolution pursuant to the dispute resolution provisions in
Section 10, below.
(d) Notwithstanding any dispute or delay in reaching agreement or arriving at a mutually acceptable
equitable adjustment, each Party shall, if requested by the other Party, proceed with the Work in
accordance with any approved Request for Change. Any request to proceed hereunder must be
accompanied by a written statement setting forth the requesting Party's reasons for rejecting the
proposed equitable adjustment of the other Party.
7. Compensation and Payment.
(a) Subject to and in accordance with the terms and conditions of this Agreement (including, without
limitation, the payment procedures set forth in this Section 7), payment in connection with the
Conversion Project and this Agreement shall be as follows:
i) The Total Shared Costs shall be allocated to the Parties in the following percentages:
(A) sixty percent (60%) to the Company, and (B) forty percent (40%) to the
Government Entity.
ii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Private Conversion Costs, if any.
iii) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Upgrade Costs, if any.
iv) The Government Entity shall pay one hundred percent (100%) of all Reimbursable
Temporary Service Costs, if any.
v) The Government Entity shall pay one hundred percent (100%) of the costs it incurs to
perform that portion of the Government Work specified in Section 3(a)(i) and (ii) (i.e.,
Trenching and Restoration and surveying).
vi) The Company shall pay one hundred percent (100%) of the costs it incurs to design,
provide and construct any Company-Initiated Upgrade.
vii) The Company shall pay one hundred percent (100%) of the costs it incurs to obtain
Operating Rights outside the Public Thoroughfare.
(b) Based on the allocation of responsibilities set forth in Section 7(a), above, the Parties shall
determine the net amount payable by the Government Entity or the Company, as applicable, to
the other Party under this Agreement (the "Net Amount"). The Net Amount shall be determined
by using the amount of the Total Shared Costs allocated to the Government Entity under
Section 7(a)(i), and adjusting such amount as follows:
i) Subtracting (as a credit to the Government Entity) the amount of the Shared
Government Costs.
ii) Adding (as a credit to the Company) the amount of all Reimbursable Private
Conversion Costs, Reimbursable Upgrade Costs and Reimbursable Temporary
Service Costs.
iii) Subtracting (as a credit to the Government Entity) any payments previously made to
the Company by the Government Entity under the Design Agreement which, under
the terms of the Design Agreement, are to be credited to the Government Entity
under this Agreement.
The Net Amount, as so calculated, (A) will be an amount payable to the Company if it is a positive
number, and (B) shall be an amount payable to the Government Entity if it is a negative number.
Construction Agreement, Attachment "13" to Schedule 74, Page 6
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
(c) Within sixty (60) business days of completion of the Conversion Project, the Government Entity
shall provide the Company with an itemization of the Shared Government Costs (the "Government
Itemization"), together with such documentation and information as the Company may reasonably
request to verify the Government Itemization. The Government Itemization shall, at a minimum,
break down the Shared Government Costs by the following categories, as applicable: (i) property
and related costs incurred and/or paid by the Government Entity, including any costs of obtaining
Operating Rights, and (ii) construction costs incurred and/or paid by the Government Entity,
including and listing separately inspection, labor, materials and equipment, overhead and all costs
charged by any agent, contractor or subcontractor of the Government Entity.
(d) Within thirty (30) business days after the Company's receipt of the Government Itemization and
requested documentation and information, the Company shall provide the Government Entity a
written statement (the "Company Statement") showing (i) an itemization of the Shared Company
Costs, (ii) the Parties' relative share of the Total Shared Costs based on the Company's
itemization of the Shared Company Costs and the Government Entity's itemization of the Shared
Government Costs set forth in the Government Itemization, (iii) any Reimbursable Private
Conversion Costs, (iv) any Reimbursable Upgrade Costs, (v) any Reimbursable Temporary
Service Costs, (vi) any credits to the Government Entity for payments previously made to the
Company by the Government Entity under the Design Agreement which, under the terms of the
Design Agreement, are to be credited to the Government Entity under this Agreement, and
(vii) the Net Amount, as determined in accordance with Section 7(b), above, together with such
documentation and information as the Government Entity may reasonably request to verify the
Company Statement. The itemization of the Shared Company Costs included in the Company
Statement shall, at a minimum, break down the Shared Company Costs by the following
categories, as applicable: (i) design and engineering costs, and (ii) construction costs, including
and listing separately inspection, labor, materials and equipment, overhead and all costs charged
by any agent, contractor or subcontractor of the Company.
(e) Within thirty (30) business days after the Government Entity's receipt of the Company Statement
and requested documentation and information, the Net Amount shall be paid by the owing Party to
the other Party, as specified in the Company Statement.
8. Indemnification.
(a) The Government Entity releases and shall defend, indemnify and hold the Company harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Government Entity in its performance under this Agreement. During the
performance of such activities the Government Entity's employees or contractors shall at all times
remain employees or contractors, respectively, of the Government Entity.
(b) The Company releases and shall defend, indemnify and hold the Government Entity harmless
from all claims, losses, harm, liabilities, damages, costs and expenses (including, but not limited
to, reasonable attorneys' fees) caused by or arising out of any negligent act or omission or willful
misconduct of the Company in its performance under this Agreement. During the performance of
such activities the Company's employees or contractors shall at all times remain employees or
contractors, respectively, of the Company.
(c) Solely for purposes of enforcing the indemnification obligations of a Party under this Section 8,
each Party expressly waives its immunity under Title 51 of the Revised Code of Washington, the
Industrial Insurance Act, and agrees that the obligation to indemnify, defend and hold harmless
provided for in this Section 8 extends to any such claim brought against the indemnified Party by
or on behalf of any employee of the indemnifying Party. The foregoing waiver shall not in any way
preclude the indemnifying Party from raising such immunity as a defense against any claim
brought against the indemnifying Party by any of its employees.
Construction Agreement, Attachment "B" to Schedule 74, Page 7
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
9. Conversion of Service to Customers within Conversion Area.
(a) Upon commencement of the Work, the Government Entity shall notify all persons and entities
within the Conversion Area that service lines to such customers must be converted from overhead
to underground service within the applicable statutory period following written notice from the
Government Entity that service from underground facilities are available in accordance with RCW
35.96.050. Upon the request of any customer, other than a single family residential customer,
within the Conversion Area, the Company shall remove the overhead system and connect such
persons' and entities' Underground Service Lines to the Underground Distribution System.
(b) The Parties acknowledge that single family residences within the Conversion Area must (i)
provide a service trench and conduit, in accordance with the Company's specifications, from the
underground meter base to the point of service provided during the conversion, and (ii) pay for the
secondary service conductors as defined in Schedule 85 of the Company's Electric Tariff G. The
Government Entity shall exercise its authority to order disconnection and removal of overhead
facilities with respect to owners failing to convert service lines from overhead to underground
within the timelines provided in RCW 35.96.050.
10. Dispute Resolution.
(a) Any dispute, disagreement or claim arising out of or concerning this Agreement must first be
presented to and considered by the Parties. A Party who wishes dispute resolution shall notify the
other Party in writing as to the nature of the dispute. Each Party shall appoint a representative
who shall be responsible for representing the Party's interests. The representatives shall exercise
good faith efforts to resolve the dispute. Any dispute that is not resolved within ten (10) business
days of the date the disagreement was first raised by written notice shall be referred by the
Parties' representatives in writing to the senior management of the Parties for resolution. In the
event the senior management are unable to resolve the dispute within twenty (20) business days
(or such other period as the Parties may agree upon), each Party may pursue resolution of the
dispute through other legal means consistent with the terms of this Agreement. All negotiations
pursuant to these procedures for the resolution of disputes shall be confidential and shall be
treated as compromise and settlement negotiations for purposes of the state and federal rules of
evidence.
(b) Any claim or dispute arising hereunder which relates to any Request for Change or any equitable
adjustment under Section 6, above, or the compensation payable by or to either Party under
Section 7, above, and which is not resolved by senior management within the time permitted
under Section 10(a), above, shall be resolved by arbitration in Seattle, Washington, under the
Construction Industry Arbitration Rules of the American Arbitration Association then in effect. The
decision(s) of the arbitrator(s) shall be final, conclusive and binding upon the Parties. All other
disputes shall be resolved by litigation in any court or governmental agency, as applicable, having
jurisdiction over the Parties and the dispute.
(c) In connection with any arbitration under this Section 10, costs of the arbitrator(s), hearing rooms
and other common costs shall be divided equally among the Parties. Each Party shall bear the
cost and expense of preparing and presenting its own case (including, but not limited to, its own
attorneys' fees); provided, that, in any arbitration, the arbitrator(s) may require, as part of his or
her decision, reimbursement of all or a portion of the prevailing Party's costs and expenses
(including, but not limited to, reasonable attorneys' fees) by the other Party.
(d) Unless otherwise agreed by the Parties in writing, the Parties shall continue to perform their
respective obligations under this Agreement during the pendency of any dispute.
Construction Agreement, Attachment "B" to Schedule 74, Page 8
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
11. Uncontrollable Forces.
In the event that either Party is prevented or delayed in the performance of any of its obligations under
this Agreement by reason beyond its reasonable control (a "Force Majeure Event"), then that Party's
performance shall be excused during the Force Majeure Event. Force Majeure Events shall include,
without limitation, war; civil disturbance; flood, earthquake or other Act of God; storm, earthquake or
other condition which necessitates the mobilization of the personnel of a Party or its contractors to
restore utility service to customers; laws, regulations, rules or orders of any governmental agency;
sabotage; strikes or similar labor disputes involving personnel of a Party, its contractors or a third
party; or any failure or delay in the performance by the other Party, or a third party who is not an
employee, agent or contractor of the Party claiming a Force Majeure Event, in connection with the
Work or this Agreement. Upon removal or termination of the Force Majeure Event, the Party claiming
a Force Majeure Event shall promptly perform the affected obligations in an orderly and expedited
manner under this Agreement or procure a substitute for such obligation. The Parties shall use all
commercially reasonable efforts to eliminate or minimize any delay caused by a Force Majeure Event.
12. Insurance.
(a) PSE shall, and shall require each of its contractors to, secure and maintain in force throughout the
duration of the Conversion Project (or, if sooner, until termination of this Agreement)
comprehensive general liability insurances, with a minimum coverage of $1 ,000,000 per
occurrence and $2,000,000 aggregate for personal injury; and $1,000,000 per occurrencel
aggregate for property damages, and professional liability in'surance in the amount of $2,000,000.
(b) The Government Entity shall ensure that each of its contractors performing any Government Work
secures and maintains in force throughout the duration of the Conversion Project (or, if sooner,
until termination of this Agreement) insurance policies having the same coverage, amounts and
limits as specified Section 12(a), above.
(c) In lieu of the insurance requirements set forth in Section 12(a), above, the Company may self-
insure against such risks in such amounts as are consistent with good utility practice. Upon the
Government Entity's request, the Company shall provide the Government Entity with reasonable
written evidence that the Company is maintaining such self-insurance.
13. Other.
(a) Aqreement Subiect To Tariff. This Agreement is subject to the General Rules and Provisions set
forth in Tariff Schedule 80 of the Company's electrical Tariff G and to Schedule 74 of such Tariff
as approved by the Washington Utilities and Transportation Commission and in effect as of the
date of this Agreement.
(b) Termination. The Government Entity reserves the right to terminate the Conversion Project and
this Agreement upon written notice to the Company. In the event that the Government Entity
terminates the Conversion Project and this Agreement, the Government Entity shall reimburse the
Company for all costs reasonably incurred by the Company in connection with the Work
performed prior to the effective date of termination. In such event, the costs reimbursable to the
Company (i) shall not be reduced by any Shared Government Costs or other costs incurred by the
Government Entity, and (ii) shall be paid within thirty (30) days after the receipt of the Company's
invoice therefor. Sections 1, 5, 7, 8, 9, 10, 11 and 13 shall survive any termination of the
Conversion Project and/or this Agreement.
(c) Facilities Greater Than 15,000 Volts. Nothing in this Agreement shall in any way affect the rights
or obligations of the Company under any previous agreements pertaining to the existing or future
facilities of greater than 15,000 Volts within the Conversion Area.
Construction Agreement, Attachment "B" to Schedule 74, Page 9
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
(d) Compliance With Law. The Parties shall, in performing the Work under this Agreement, comply
with all applicable federal, state, and local laws, ordinances, and regulations.
(e) No Discrimination. The Company, with regard to the Work performed by the Company under this
Agreement, shall comply with all applicable laws relating to discrimination on the basis race, color,
national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in
the selection and retention of employees or procurement of materials or supplies.
(f) Independent Contractor. The Company and the Government Entity agree that the Company is an
independent contractor with respect to the Work and this Agreement. The Company is acting to
preserve and protect its facilities and is not acting for the Government Entity in performing the
Work. Nothing in this Agreement shall be considered to create the relationship of employer and
employee between the Parties. Neither the Company nor any employee of the Company shall be
entitled to any benefits accorded employees of the Government Entity by virtue of the Work or this
Agreement. The Government Entity shall not be responsible for withholding or otherwise
deducting federal income tax or social security or contributing to the State Industrial Insurance
Program, or otherwise assuming the duties of an employer with respect to the Company, or any
employee of the Company.
(g) Nonwaiver of Riqhts or Remedies. No failure or delay of either Party to insist upon or enforce
strict performance by the other Party of any provision of this Agreement or to exercise any other
right under this Agreement, and no course of dealing or performance with respect thereto, shall,
except to the extent provided in this Agreement, be construed as a waiver or, or choice of, or
relinquishment of any right under any provision of this Agreement or any right at law or equity not
otherwise provided for herein. The express waiver by either Party of any right or remedy under
this Agreement or at law or equity in a particular instance or circumstance shall not constitute a
waiver thereof in any other instance or circumstance.
(h) No Third Party Beneficiaries. There are no third-party beneficiaries of this Agreement. Nothing
contained in this Agreement is intended to confer any right or interest on anyone other than the
Parties, their respective successors, assigns and legal representatives.
(i) Governmental Authority. This Agreement is subject to the rules, regulations, orders and other
requirements, now or hereafter in effect, of all governmental regulatory authorities and courts
having jurisdiction over this Agreement, the Parties or either of them. All laws, ordinances, rules,
regulations, orders and other requirements, now or hereafter in effect, of governmental regulatory
authorities and courts that are required to be incorporated into agreements of this character are by
this reference incorporated in this Agreement.
U) No Partnership. This Agreement shall not be interpreted or construed to create an association,
joint venture or partnership between the Parties or to impose any partnership obligations or liability
upon either Party. Further, neither Party shall have any right, power or authority to enter into any
agreement or undertaking for or on behalf of, to act as or be an agent or representative of, or to
otherwise bind the other Party.
(k) Severability. In the event that any provision of this Agreement or the application of any such
provision shall be held invalid as to either Party or any circumstance by any court having
jurisdiction, such provision shall remain in force and effect to the maximum extent provided by
law, and all other provisions of this Agreement and their application shall not be affected thereby
but shall remain in force and effect unless a court or arbitrator holds they are not severable from
the invalid provisions.
Construction Agreement, Attachment "B" to Schedule 74, Page 10
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
(I) Notice. Any notice under this Agreement shall be in writing and shall be faxed (with a copy
followed by mail or hand delivery), delivered in person, or mailed, properly addressed and
stamped with the required postage, to the intended recipient as follows:
If to the Government Entitv:
City of Bremerton Public Works and Utilities
3027 Olympus Drive
Bremerton, WA 98310
Attn: Phil Williams
Phone: (360) 4 73~5315
If to the Company:
Puget Sound Energy
22884 Ryan Drive
Poulsbo, WA 98370
Attn: Dana Marie Smith
Fax: 360-779-4897
Any Party may change its address specified in this Section 13(1) by giving the other Party notice of
such change in accordance with this Section 13(1).
(m) Applicable Law. This Agreement shall in all respects be interpreted, construed and enforced in
accordance with the laws of the State of Washington (without reference to rules governing conflict
of laws), except to the extent such laws may be preempted by the laws of the United States of
America.
(n) Entire Aqreement.. This Agreement constitutes the entire agreement of the Parties with respect to
the subject matter hereof and all other agreements and understandings of the Parties, whether
. written or oral, with respect to the subject matter of this Agreement are hereby superseded in their
entireties; provided, however, that except as expressly set forth in this Agreement, nothing herein
is intended to or shall alter, amend or supersede the Design Agreement and the same shall
remain in full force and effect in accordance with its terms.
(0) Successors and Assiqns. This Agreement shall be binding upon and inure to the benefit of the
respective successors, assigns, purchasers, and transferees of the Parties, including but not
limited to, any entity to which the rights or obligations of a Party are assigned, delegated, or
transferred in any corporate reorganization, change of organization, or purchase or transfer of
assets by or to another corporation, partnership, association, or other business organization or
division thereof.
Government Entity:
Company:
PUGET SOUND ENERGY, INC.
BY
BY
ITS
ITS
Date Signed
Date Signed
Approved as to form:
Construction Agreement, Attachment "B" to Schedule 74, Page 11
City of Bremerton - Downtown Bremerton Pedestrian/BTC Access Improvements #101035916
Exhibit "A" Project Plan
Schedule 74 Underground Conversion
City of Bremerton - 1st and Washington
PSE Project Number: 101035916
8 January 2007
Pursuant to Puget Sound Energy ("PSE") Rate Schedule 74 and as described in this Project Plan,
PSE will convert its existing overhead electrical distribution system of 15,000 volts or less to an
equivalent Underground Distribution System. This Project Plan describes work to be performed
by PSE and the City of Bremerton (the "City") for the conversion of certain PSE electrical
distribution system facilities as described herein (the "Conversion Project"). Construction of this
Conversion Project is contingent upon and shall not commence prior to both written acceptance
of this Project Plan and written execution of a Schedule 74 Construction Agreement by the City
and PSE.
This Project Plan includes and consists of: >
· Detailed description of the Construction Work to be performed
· Applicablerequirements, drawings and specifications for the work (attached)
· Operating Rights to be obtained for the Conversion Project (attached)
· Construction Work Schedule
· Construction Costs Estimate Summary (attached)
Revisions to this Proiect Plan must be mutually approved by the City and PSE.
Scooe of Work
This Conversion Project will replace PSE's existing overhead electrical distribution system with
an Underground Distribution System within the following area (the "Conversion Area"):
Convert (3) spans of 3 phase overhead distribution and secondary wire. Remove (1) 3 phase
underground termination and 3 phase 1/0 cable on 1 st Street and Washington Avenue. The
Conversion Project is approximately 610 feet in length, including laterals and road crossings.
The Conversion Project includes modification or replacement of all existing services lines within
the Conversion Area to connect to the Underground Distribution System and removal ofPSE's
existing overhead electric distribution facilities (including PSE distribution poles and pole
mounted street lights) from the Conversion Area.
There are no Company Initiated Upgrades, Government Entity Requested Upgrades elements
included in the Conversion Project Scope of Work.
PSE initiated upgrades included in this project consist of: None.
City requested upgrades included in this project consist of: None.
City of Bremerton
Downtown Bremerton Pedestrian/BTC Access Improvements
101035916
Page I
Temporary Service included in this project consists of: Temporary overhead 1 phase services to
"218", "212", "210" and "208", with (I) 3 phase service to at 200 151 Street from the north alley.
The cost to install the temporary feed will be charged at 100% city costs, and must be removed
within 18 months.
NOTE: Removal of these temporary services is not included in the construction quote. The costs
will be quoted at time of removal and will be 100% city costs.
The following portions ofPSE's existing facilities to be converted are located outside of Public
Thoroughfare: None.
PSE does not have existing street lighting system within the Conversion Area. City to provide
City owned Street Lighting.
Responsibilities of Parties
City Responsibilities
a) Provide written notice to customers within the Conversion Area in advance of
Conversion Project Construction Work start. The notice will include contact information
for both the City and PSE, the expected Conversion Project schedule, anticipation of
service interruptions and work required to be performed by customers.
b) Coordinate other utility conversion, removal and relocation from PSE's poles.
c) Provide all surveying for equipment placement, locations, and establish all grade
elevations for the Underground Distribution System within the Conversion Area.
d) Provide all necessary excavation, bedding, backfill, off-site disposal, site restoration and
coordination for installation of the Underground Distribution System. This includes
trenching, backfill, and restoration for cut-over and transfer of existing underground
system and service lines from the existing overhead distribution system to the new
Underground Distribution System.
e) Coordinate private property trenching, excavation and restoration activity with private
property owners affected by this Conversion Project.
f) Provide flagging and traffic control as required for all work performed by the City.
g) Install and proof all ducts and vaults for the Underground Distribution System (excluding
work in ducts or vaults containing energized cables or equipment - see PSE
Responsibilities) in accordance with PSE standards and specifications using ducts and
vaults provided by PSE. "Proofing" as used herein is defined as verification using a
mandrel that the duct and vault system is free and clear of damage, installed to the proper
grade and at the proper location and contains a pulling line.
h) Provide PSE at least ten (10) business days notice prior to the start of trenching activity to
allow for delivery ofPSE materials to the job site and scheduling ofPSE's on-site
Inspector. Provide at least five (5) business days notice for scheduled delivery of vaults
from the manufacturer.
. City of Bremerton
Downtown Bremerton Pedestrian/BTC Access Improvements
]01035916
Page 2
i) Provide secure staging and storage area(s) for duct and vault materials provided by PSE.
The City shall be responsible for the security and condition of these materials until they
are installed and accepted by PSE or returned to PSE's custody.
j) Provide labor and equipment for the off-loading ofPSE duct and vault materials
delivered to the job site.
k) Promptly following notice from PSE that the Underground Distribution System has been
energized, provide notice to customers within the Conversion Area informing them of
their obligation and responsibility to convert their overhead service lines to underground
service lines as provided by state law or to modify existing underground service lines for
connection to the Underground Distribution System. Affected service lines are listed in
the Service Lines section of this Project Plan.
1) Facilitate weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings to include all relevant parties participating in the conversion including PSE and
it's contractor(s), the City and it's contractor(s), and other utilities.
m) Provide any necessary operating rights for the installation ofPSE's facilities in
accordance withPSE's Schedule 74 Section 3 and as mutually agreed by the PSE and the
City. Operating rights are further addressed in the Op~rating Rights section of this
Project Plan.
n) Modify, reroute or replace service lines to City owned facilities to connect to the
Underground Distribution System.
0) Following notification from PSE that Construction Work is complete, provide toPSE any
Shared Government Costs as provided for in the Construction Agreement.
Puget Sound Energy Responsibilities
a) Provide all duct and vault materials, cables, electrical equipment and components necessary
for installation of the Underground Distribution System.
b) Following notice from the City, deliver or cause to be delivered all duct and vault materials
to the designated staging/storage area(s). Acknowledge delivered quantities and condition of
duct and vault materials by signing shipping manifests.
c) Following notice from the City, provide inspection services needed for overseeing the proper
installation of ducts and vaults by the City.
d) Accept delivery of the completed duct and vault system once the new system has been
proofed (as described above) by the City. PSE will provide a mandrel to the City to be used
in proofing of the duct and vault system.
e) Provide PSE electrical workers to complete duct installation and proofing when such work is
performed at or in any energized vault containing energized cables or equipment.
t) Install (except for ducts and vaults installed by the City) and energize the Underground
Distribution System. Provide written notice to the City when the Underground Distribution
System is energized. .
City of Bremerton
Downtown Bremerton Pcdestrian/BTC Access Improvements
101035916
Page 3
g) Perform cut-over and transfer of existing Underground Distribution System and existing
underground service lines from the overhead distribution system to the new Underground
Distribution System where applicable (see City Responsibility item "d" concerning trenching
responsibility). PSE will notify the City for excavation and the affected customers at least
two (2) business days prior to installation, transfer, and connection of underground service
lines. Affected service lines are listed in the Service Lines section of this Project Plan.
h) Install and connect replacement non-residential underground service lines provided by
customers within the Conversion Area pursuant to PSE Tariff Schedule 85. Affected service
lines are listed in the Service Lines section of this Proj ect Plan.
i) Remove the existing overhead electric distribution system including, conductors, equipment,
down guys, anchors and poles after all service lines to customers within the Conversion Area
are connected to the Underground Distribution System and all other utilities have been
removed from PSE's poles. Holes left following removal of poles will be filled with crushed
rock and compacted in accordance with applicable City standards or specifications.
j) Provide flagging and traffic control as required for all work performed by PSE (except as
may otherwise be reasonably provided by the City during installation of ducts and vaults in
conjunction with City performed trenching, excavation, back-fill and restoration).
k) Attend weekly (or as otherwise agreed by the City and PSE) construction coordination
meetings facilitated by the City and its contractor.
Ooeratin!! Ri!!hts
The Underground Distribution System will be located within existing Public Thoroughfare. No
additional operating rights have been identified as being needed for this Conversion Project.
The Underground Distribution System will be located within Public Thoroughfare except as
described in the Operating Rights Attachment. The Construction Work will not be released by
PSE for construction until i) all operating rights necessary for the installation of PSE' s facilities
have been obtained and have been verified by PSE, or ii) the City otherwise signs an agreement
releasing PSE from any and all financial obligations associated with the location or relocation of
PSE facilities resulting from commencement of construction prior to acquisition of all identified
necessary operating rights.
Construction Work Schedule
The work will be performed in accordance with the following Work Schedule, unless this
schedule is revised by mutual agreement of the City and PSE or circumstances beyond the
reasonable control of the City and/or PSE preclude such performance.
Installation of ducts and vaults: Approximately 5 March 2007
Installation and energization of the Underground Distribution System: Approximately 19
March 2007
Removal of overhead facilities: Approximately 26 March 2007
City of Bremerton
Downtown Bremerton Pedestrian/BIC Access Improvements
101035916
Page 4
Installation and removal of Temporary Service: Install 3 phase transformer in north alley.
Work Schedule Restrictions: None. See "Schedule" #2 below, for hours of work.
Construction Cost Estimate
The estimated costs to perform the Construction Work and the allocation of costs between the
parties are presented in the attached Construction Costs Estimate Summary. These estimated
costs are valid for 90 days from the date on the Construction Costs Estimate Summary page. If
this Project Plan and the Construction Agreement are not fully executed within 90 days, the
estimated cost is subject to revision.
Proiect Assumptions
The project design, construction plans and cost estimates are based on and reflect the following
assumptions. Construction conditions that are not consistent with these assumptions may result
in a request for change or an equitable adjustment to projectcQmpensation under Section 6 of the
Construction Agreement.
Cost Assumptions .
1. The Construction Work will be performed in accordance with the Construction Work
Schedule.
2. PSE's Project Manager will accept or reject (with written justification) the duct and vault
installation work performed by the City within five (5) business days notice of completion
from the City. In the event PSE rejects any of the ducts or vaults (with reasonable written
justification), the City will perform the necessary remedial work. The City will then re-
notify PSE and PSE shall have five (5) business days to accept or reject the remedial work.
3. All PSE cables can be pulled through the ducts and vaults system to be used for the
Conversion Project utilizing normal cable pulling techniques.
4. A City Street Use permit is the only permit necessary for PSE to perform its work for this
Conversion Project and will be issued within two (2) weeks of PSE submitting a complete
permit application (including any supporting documentation reasonably required by the
City). There will be no charge for the permit or inspection fees.
5. The daily productivity rate for duct and vault installation is based on the City's opening a
minimum of 50 feet of trench per working day. The daily productivity rate is used to
calculate the number of days a PSE provided inspector will be required. During construction,
the Inspector will be scheduled in full day increments and in one continuous effort. Changes
to a continuous schedule are required a minimum of two days in advance. This includes night
work based on the union contract of 5 days notice and more then 5 continuous working days.
The rate is based on time plus 10%.
6. This proposal assumes the use of two flaggers, basic signage and simple channelization.
Additional traffic control measures are not included.
City of Bremerton
Downtown Bremerton Pedestrian/BTC Access Improvements
101035916
Page 5
7. Work to be performed by PSE does not include installation and/or removal of Temporary
Service facilities at the request of others during construction.
8. All cut-over and transfer work will be completed during regular working hours.
9. Installation of protective bollards may be necessary at some locations and may not be
included in the project design. Bollards are required for the transformer at the West Bank in
their parking lot. The associated installation cost will be a shared cost.
10. Where noted on the plans, existing ducts, either empty or currently used, are to be utilized for
new cables. The Construction Costs Estimate assumes that such ducts are in place and
available for use to pull in new cables using the same equipment and effort as newly installed
ducts.
Schedule
1. There will be a total of two (2) PSE crew mobilizations as follows: i) one mobilization of an
underground line crew for installation of underground conductors and equipment; and ii) one
mobilization of an overhead line crew for removal of the existing overhead facilities. Once
mobilized PSE crews will have continuous productive work until all PSE Construction Work
is complete.
2. All PSE Construction Work will be performed during regular working hours from 7:00 am.
to 4:00pm. excluding holidays. In the event that lane closures are necessary for performance
of work, PSE shall be limited to working at night, due to ferry traffic. Night work has not
been included in this.quote. PSE will provide a weekly construction schedule during the
weekly meeting.. Once approved, PSE crews will be allowed to complete the work as
scheduled, without changes and work stoppages caused by other construction activities.
3. Work requiring scheduled interruption of electric service (cut-overs and transfers) will be
performed during the working hours specified in Schedule Assumption #2 above, and will be
scheduled with at least two (2) business days notice. PSE will notify customers of scheduled
service interruptions.
Additional Considerations
Service Lines
Service lines within the Conversion Area must be replaced or modified to provide underground
service from the Underground Distribution System as described in the attached Service Lines
Replacement & Modification Requirements List. PSE Tariff Schedule 85 will apply to
performance of this work.
Cut-overs and Transfers
PSE customers within the Conversion Area will experience interruption of electric service during
performance of the Construction Work when transferring system and customer loads from the
overhead distribution system to the Underground Distribution System. PSE will notify
customers at least two (2) business days in advance of expected service interruptions. Customers
City of Bremerton
Downtown Bremerton PedestrianIBTC Access Improvements
IOI0359I6
Page 6
may request that cut-over and transfer work affecting their service be performed outside the
regular working hours listed above subject to the customer's written agreement to reimburse PSE
for the additional cost (at overtime rates) to perform such work outside the regular working
hours.
New Service
Connection of new or increased load for City facilities (such as new traffic signals) under terms
of PSE Tariff Schedule 85 will be addressed on a separate work order and work sketch.
Additional costs may apply and will be quoted separately.
PSE Design & Construction Standards
This Conversion Project has been designed and will be constructed in accordance with PSE
design and construction standards in effect as of the date of this Project Plan. PSE standards
applicable to Construction Work to be performed by the City have been provided to the City in
PSE's "Electric Distribution Trench/Duct/Vault Construction Standards, 2005". All relevant
PSE standard described above are attached to this Project Plan by this reference.
Temporary Support (Holding) of PSE Poles
Whenever any pole(s) are required to be temporarily supported due to excavation in proximity to
such poles; the City will coordinate with PSE to provide such support. The need to temporarily
support such poles shall be determined by PSE, and if required, such support shall be provided
by PSE. As used,herein, "temporary support" means supporting one or more poles for a
continuous working period of ten hours or less.
Acceotance of Proiect Plan
The City and PSE mutually agree to and accept this Project Plan as of the date indicated below:
For the City:
For PSE:
By:
By:
Its:
Its:
Date:
Date:
City of Sremerton
Downtown Bremerton Pedestrian/STC Access Improvements
101035916
Page 7
. PUGET SOUND ENERGY
Date: 1/17/2007
Project Title: Conversion Burwell Ave, Pacific to Washington
Project Description: Convert existing overhead distribution system to underground
Rate Schedule: 74
Project Manager 1 Phone #: Eric Dodgen 253-606-0716
Project Engineer 1 Phone #: Eric Dodgen 253-606-0716
Municipal Liaison Mgr 1 Phone #: Dana Marie Smith 253-606-0423
Project #: 101035916
Revision #: 0
Revision Date:
Construction Costs Estimate Summary 1,2
100% Government Entity Reimbursable Costs
Prior Total 100% GE
Private Gov Req Temporary Conv/Reloc Reimbursable 100% PSE Construction
Shared Costs3 Conversion Uparade Services Within 5 Years Costs Costs Costs Totals4
Estimate Estimate Estimate Estimate Estimate Estimate Estimate Estimate
Comp~ny $ $
Labor $ - $ - $ - $ - $ - $ - - -
Materials $ 28,400 $ - $ - $ 4,500 $ - $ 4,500 $ - $ 32,900
Equipment $ - $ - $ - $ - $ - $ - $ - $ -
Inspection $ 2,900 $ - $ - $ - $ - $ - $ - $ 2,900
Service Provider Outside Services $ 48,900 $ - $ - $ 3,300 $ - $ 3,300 $ - $ 52,200
Operating Rights $ - $ - $ - $ - $ - $ - $ - $ -
Overhead $ 11,700 $ - $ - $ 1,300 $ - $ 1,300 $ - $ 13,000
Government Entity
Labor $ - $ - $ - $ - $ - $ - $ - $ -
Operating Rights $ - $ - $ - $ - $ - $ - $ - $ -
Construction Costs Totals4 $ 91,900 $ - $ - $ 9,100 $ - $ 9,100 $ - $ 101,000
Projected allocation of Estimated Construction Costs at Completion of Construction Work
Company $ 55,100
Government Entity $ 36,800
$
- $
$
55,100
45,900
$
9,100
Notes
1 Estimate prepared in accordance with Sections 6 & 11 of Schedule 74 Design Agreement and Section 7 of Schedule 74 Construction Agreement.
2 All amounts shown in this estimate are rounded up to the next $100
3 Shared Costs are allocated 40% to the Government Entity and 60% to the Company if the Conversion Project is completed
4 Total Costs excludes Government Entity costs of trenching, restoration, and surveying
Construction Estimate
Printed 2/7/2007 10:56 AM
DA TE SUBMITTED:
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~07~. 034-
SlI
........................................................................................
SUBJECT: Appointment to the Bremerton
Housing Authority Board of Commissoners
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
February 13,2007
February 21,2007
Executive
Mayor Bozeman
473-5266
SUMMARY: There is a vacancy on the Bremerton Housing Authority Board of Commissioners due
to the expiration of David Farr's term. It is recommended the vacancy be filled by Bishop Lawrence
R. Robertson.
ATTACHMENTS: Application for Appointment
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
.~-~
7-
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Ji'IJL ~b, nUnIJl~:
\ ,I
CONSENT AGENDA ~
\
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/1'1 ). 'JU?/j/
//L/At'!J(/ / /0 ;72___
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RECOMMENDED MOTION: Move to confirm the appointment of Bishop Lawrence R. Robertson
to the Bremerton Housing Authority Board of Commissioners.
COUNCIL PRESIDENT:
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Application For City Boards/ Commissions/ Committee
Note: As an applicant for a City Board, Commission or Committee, your name, address, and
telephone number will be available to the press and public. You will be contacted before any
action is taken on your appointment.
(Please type or print clearly)
Date: January 31,2007
Name: Lawrence
FIRST
Ray
MIDDLE
Robertson
LAST
Home Address:
Londonberry Loop Road NW
STREET
5722
NUMBER
Home Phone: (360) 692-1226
WA
STATE
98311-
ZIP
Bremerton
CITY
Employer: Emmanuel Apostolic Church
Occupation: Clergyman
Work Address: 1023 6th Street
NUMBER STREET
WA
98337
Bremerton
CITY
STATE
ZIP
E-Mail :
Fax: (360) 377-8752
Work Phone: (360) 479-3674
Education:
Bachelor of Arts Degree
Honorary Doctorate Degree
embassyctr@yahoo.com
Local References (names and phone numbers):
I am interested in serving (please check one or more):
o Board of Appeals, Housing/Building Codes
o Civil Service Commission (18 yrs. and older)
o Community Development Block Grant Advisory Board
o Design Review Board
o Disability Action Committee
o Public Access Citizens Advisory Committee
o Safe Streets Steering Committee
o Urban Forest Committee
o Y outl1 Council
o Other
o Arts Commission
~ Bremerton Housing Authority
o Citizen's Commission on Council Salaries
o Ethics Commission
o Mayor's Select Committee on Law Enforcement
o Parking Advisory Board
D Parks & Recreation Commission
o Planning Commission (18 yrs. and older)
o Solid Waste Management
Is this an application for reappointment? . No
If yes, how many years have you served on this commission/committee?
City Appointment Application
Page 1 of2
Why are you applying for this appointment? Quality of life for all citizens has always been a concern of
mine and housing is a part of that. Serving on the Bremerton Housing Authority Board is yet another way I can
serve my community in an area I am quite passionate about.
Which of your personal and/or professional interests prompted you to apply for this appointment? My
occupation as a pastor and community leader.
Have you ever served on any other Bremerton Board, Commission, Committee or Task Force? If yes,
please list: Yes, I presently serve on the Mayor's Economic Development Roundtable.
Please list your qualifications for this appointment (include skills, activities, training, education): See
attached Bio
What are your community interests (committees, organizations, special activities)? See attached Bio
We welcome your willingness to serve Bremerton. For more information please contact the Mayor's Office at
(360) 473-5266, FAX (360) 473-5883 or via email at mayor@ci.bremerton.wa.us. Please return the completed
form to: Mayor's Office, 345 6th Street, Suite 600, Bremerton W A 98337.
City Appointment Application
Page 2 of2
BISHOP LAWRENCE R. ROBERTSON is a senior executive with domestic and international
success in ministry, team recruitment, building and management, technology development and
strategic planning growth organizations.
He is a native of Hawkins, Texas. After graduating from High School, he relocated to Oakland,
California in 1968; where he was born again and devoted his life to ministry. During this time,
he attended Merritt Community College earning his National Certified License from the
American Registry of Radiological Technologists in 1971. Shortly thereafter, he was drafted
into the United States Army and stationed at Fort Lewis Military Base in Tacoma, Washington.
Pursuing his call to ministry, Bishop Robertson continued his education at Tacoma Community
College, where he received his Associate of Arts degree and obtained his Bachelor of Arts degree
from Pacific Lutheran University. He also completed the Christ Temple School of Theology
course.
Bishop Robertson has been in ministry for over 35 years and has served over 29 years as the
Founding Pastor of Emmanuel Apostolic Church in Bremerton, Washington. During those
years he has traveled extensively throughout the United States and abroad in connection with his
ever expanding ministry. His enlightened presentation of the gospel has enabled him to minister
to many denominations and organizations; as a result, Bishop Robertson is a much sought after
lecturer, teacher, motivational speaker, leader and counselor.
In addition, Bishop Robertson has received numerous awards and citations for his outstanding
work in Kitsap County.
Some noteworthy accomplishments are:
. Chairman of Bremerton African American Ministerial Alliance
. Chairman of the Pacific Northwest District Council, overseeing over 21 churches in
Washington, Oregon, Idaho, Alaska and Montana - 1995-2001,2004 - Present
. Received Honorary Doctorate Degree from Aenon Bible College - 2004
. Elevated to Bishop - 1999
. Member of The Sun Editorial Board - 2002
. Founder and Board Chair of Community Resource Center - 198I-Present
. Member of the Peninsula Work Release Board - 2000
. Member and First African-American Chair of the Olympic College Board of Trustees -
1991-1997
. Fonner Board Member on the Economic Development Council of Bremerton
. Recipient of the Thunderbird Award/Chamber of Commerce
. V oted Citizen of the Year by Kitsap County Association of Realtors
. A warded Distinguished Citizens Award by Lt. Governor John H. Cherberg - 1983
. Recipient ofthe J. C. Penney Golden Rule Award - 1979
. Past Member of Kitsap County Commissioner Advisory Board
. Founder of Emmanuel Apostolic Church - 1978
He shares the pastorate of Emmanuel Apostolic Church with his wife, Opal Robertson who is
also from Hawkins, Texas and they are the proud parents of seven lovely children and ten
cherished grandchildren.
DATE SUBMITTED: 2/7/07
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
W07 - e:35
CoA
........................................................................................
SUBJECT: Resolution No. ~O2.2-
commencing negotiations for an interlocal
agreement regarding the potential annexation
of Navy Yard City.
Committee Meeting Date: 2/13/07
COUNCIL MEETING Date: 2/21/07
Department: Comm. Development
Presenter: Andrea Spencer
Phone: 473-5283
SUMMARY: The Resolution commences negotiations with Kitsap County to create an interlocal
agreement regarding the annexation of unincorporated lands known as Navy Yard City in the West
Bremerton area. Through the 'Island Interlocal' annexation method a City may annex territory having
60% or more contiguity to City limits after an interlocal agreement has been executed with the
County.
ATTACHMENTS: 1) Resolution No. 3022. 2.) Navy Yard City summary sheet
FISCAL IMPACTS (Include Budgeted Amount): Cost / benefit apalysis to be completed before
public hearing on proposed annexation.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
Ge!<iSloN 1 AGENDA L:J I 0: ~
~:L1J,-,I"1LILJ'~~ __ _
..fIlL Itfliil: P\A.nW"\i(\~ .. ~')' i . .
COUNCIL PRESIDENT: / A.~et;..; b
i:/ \.... CO'fV'l'Y\t'u\.c:..4,^~ Yle.~otio....tiQf\.5
RECOMMENDED MOTION: Move to pass Resolution No.gol.1.. ~'---'---gV1iJ':'Jrr&twlil
'1"0 ae.(.l{-~ Gl"'- J;~~~rtOGQ.l \,~rye>M-VIVT \iV,+\-" K\'tsOf CDW'\11' ('e..~~:('~V\j
!A..v\',^-e..~*,,,n 19'?- v..'I\\lII.c..oTfo~ \CW\.vl.s r4no!,;VV\. ~ NCl"'r Lfo...J"d.. C;'7
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
RESOLUTION NO. ,Od-J.,..
A RESOLUTION of the City Council of the City of
Bremerton, Washington, commencing negotiations to create an
interlocal agreement with Kitsap County for the annexation of
certain lands comprising approximately 225 acres in the Navy
Yard City area of West Bremerton situated within a peninsula of
unincorporated Kitsap County territory that has more than sixty
percent (60%) contiguity to City of Bremerton jurisdiction, more
particularly described in Exhibit A.
WHEREAS, the 2003 state legislature adopted SHB 1755 (Chapter 299, Laws of
2003), as set forth in RCW 25.13.470 creating an alternative method, the "island interlocal
method", of annexing islands of unincorporated territory through use of interlocal agreements, in
counties that are subject to the buildable lands review including Kitsap County; and
WHEREAS, City Council seeks to annex territories within City of Bremerton
Urban Growth Areas that contribute to the overall economic and social health and well being of
the City and lead to an orderly and logical pattern of development; and
WHEREAS, the proposed potential Navy Yard City annexation area meets the
physical criterion of sixty percent (60%) contiguity to City boundaries qualifying it for
consideration under the island interlocal method pursuant to RCW 35.13.470; and
WHEREAS, the proposed area for annexation is legally described and further
depicted in Exhibit A, legal description and Exhibit B, map, attached hereto and incorporated
herein by reference; and
WHEREAS, the proposed area for annexation is located within the City's Urban
Growth Area (UGA); and
WHEREAS, per RCW 35.13.470 the City and the County must negotiate an
interlocal agreement regarding the annexation before the annexation can occur; and
WHEREAS, when an interlocal agreement on the proposed annexation is reached
the City and County legislative bodies must each hold a public hearing, which may be a joint
hearing, and the City and County must publish the text of the agreement at least once a week for
two weeks before the date of the hearing in one or more newspapers of general circulation in the
area proposed for annexation; and
WHEREAS, City of Bremerton staff will present to City Council an analysis of
the costs and benefits and the anticipated fiscal impacts to the City of annexing Navy Yard City
1
Navy Yard City Annexation
;
prior to the City Council's consideration of whether to approve the interlocal agreement and
annexation; and
WHEREAS, City Council finds that it is in the best interest of the City to
commence negotiations for an interlocal agreement on the annexation as presented; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. City Council hereby commences negotiations with Kitsap County
pursuant to RCW 35.13.470 for an interlocal agreement on the proposed annexation proceedings
for the territory included in Navy Yard City as legally described in Exhibit A, and mapped in
Exhibit B, as attached.
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 _
,2007.
WILL MAUPIN, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
PAULA JOHNSTON, City Clerk
R:\Legal\Legal\Files\Current Active Files\Annexation - Navy Yard City\Comrnencement Resolution.doc
2
Navy Yard City Annexation
;
Exhibit A
Legal Description
LEGAL DESCRIPTION FOR NAVY YARD CITY POTENTIAL ANNEXATION
Portions thereof of 15, 22, and 27, Township 24 North, Range 1 East, W.M., all situate in Kitsap County, Washington, more
particularly described as follows:
Beginning at the northwest corner of said Section 27, also being the southwest corner of said Section 22 and the True Point
of Beginning; thence easterly on the common line between said Sections 22 and 27 to its intersection with the easterly right
of way of State Route 3 (SR 3); thence northerly along said easterly right of way to its intersection with the southerly
extension of the easterly right of way of Oyster Bay Avenue; thence northerly along said extension and the easterly right of
way of Oyster Bay Avenue to its intersection with the southerly right of way for 0 Street; thence easterly along said
southerly right of way to its intersection with the easterly right of way of Bremerton Boulevard; thence northerly along said
easterly right of way to its intersection with the southerly right of way of 15t Street; thence easterly along said right of way to
its intersection with the easterly right of way of National Avenue; thence northerly along said easterly right of way to its
intersection with the north line of the south half of the southeast quarter of the southwest quarter of said Section 15; thence
easterly along said north line to its intersection with" the west line of the east 5 acres of the said south half of the southeast
quarter of the southwest quarter; thence southerly along said west line of the east 5 acres to its intersection with the south
line of said Section 15; thence westerly along said south line to its intersection with a line parallel to the east line of the
northwest quarter of said Section 22 and 462 feet westerly thereof; thence southerly along said parallel line to the north line
of the southeast quarter of the northeast quarter of the northwest quarter of said Section 22; (Ordinance 4376)
Thence easterly along said north line to its intersection with the west line of the east 458 feet of said southeast quarter of
the northeast quarter of the northwest quarter of said Section 22; thence southerly along said west line to the south line of
the north 132 feet of said southeast quarter; thence westerly along said south line to its intersection with the west line of
the east 487.12 feet of said southeast quarter; thence southerly along said west line to the northerly right of way of Arsenal
Way; thence easterly along said northerly right of way to its intersection with the northerly extension of the easterly right of
way of Loxie Egans Boulevard; thence southerly along said extension and easterly right of way of Loxie Egans Boulevard
to its intersection with the south line of the northeast quarter of the northwest quarter of said Section 22; thence easterly
along said south line to its intersection with the west line of the northeast quarter of said Section 22; (Ordinance 4327)
Thence southerly along said west line to its intersection with the south line of said Section 22; thence easterly along said
south line to its intersection with the northerly extension of the west line of Block 3 of the plat of Anderson's Bay View
Addition to Port Orchard as recorded in Volume 2, of the book of plats, Page 43, records of Kitsap County, Washington, also
being the easterly right of way of McCollom Avenue; thence southerly along said northerly extension and the easterly right
of way of McCollom Avenue to the southwesterly corner of Lot 11, of said Block 3 of the plat of Anderson's Bay View
Addition, also being an angle point in the said easterly right of way McCollom Avenue; thence continuing along said
easterly right of way of McCollom Avenue and the extension thereof, southeasterly to its intersection with the Inner Harbor
Line as established by the Board of State Land Commissioners for the Charleston Harbor on January 10th, 1913; Thence
southwesterly along said Inner Harbor Line to its intersection with the westerly line of Block 24, of said Charleston Harbor as
established by the Board of State Land Commissioners; thence northwesterly along said westerly line to its intersection
with the west line of said Section 27; thence northerly along said west line to the True Point of Beginning.
Together with all tidelands abutting;
And together with jurisdiction over adjacent waters as conveyed by Revised Code of Washington (RCW) 35.21.160.
3
Navy Yard City Annexation
'. Potentna~ A ' , -, ,
~ Navy Y n?exation JL [~1\-- j'\_/
"" ard CityJ-LI~-t)/ _ ,41:-'-VJJ u_ ,
~##~ Bremerton City Limit '[In---- --'1>1 /Cj F1el H1~i~:C~il~110i3-~fl~~ I I
_ 025 " ",I' I 1-' I-J- w,:t"CCr' "'--] -w EXHIBIT 18 J'
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/
Navy Yard City Annexation
2/21 Council Meeting
Resolution
- States Intent to Work
On Interlocal Agreement
.
.
.
: - Begin Discussions With
. . County Special Projects
. Division on Interlocal
. Agreement
r----~-----..
I Intermediate Steps Include: I
I - City Cost / Bene Report I
I - Complete Interlocal I
I - City Hearing Interlocal I
I - County Hearing Interlocal I
I - Adopt Interlocal I
I - City Annexation Ordinance I
I (Sets Activiation Date) I
I I
..-----"'1------.1
- Press Release
Time
Period
TBD
.
.
.
.
45 Days .
or More .
.
.
.
.
- Residents Have 45 Day
Recall Period (10%
Petitioners Required to
trigger recall vote)
- Boundary Review Period
Navy Yard City
208 Acres (non ROW)
$93M Assessed Value
About 1,800 People
About 75% Enclosed by City Limit
Special 'Interlocal-Island' Anne.vation
Even Mix of Res. and Co~.--""
Include Loxie Eagans Interchange
Near West Park Redevelopment
Strong Blue Collar Heritage
Mixed quality housing
Crime & code enforcement hot spots
Facilitates Gateway Project
Resolves Sewer District Transfer
DATE SUBMITTED: 2/7/07
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~ 07- 030
-
. . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . a . . . . . . . . . . . . . . . . 'I. . . . . . . . I
SUBJECT: Resolution No. 3023 initiating
annexation proceedings for the 'West Hills
Island' ofunicorporated territory in West
Bremerton.
Committee Meeting Date: 2/13/07
COUNCIL MEETING Date: 2/21/07
Department: Comm. Development
Presenter: Andrea Spencer
Phone: 473-5283
SUMMARY: The Resolution initiates proceedings for an annexation by the abbreviated Island
annexation method, and sets a date for a public hearing on the proposed annexation.
ATTACHMENTS: 1) Resolution No. 302.3 2.) West Hills Island summary sheet
FISCAL IMPACTS (Include Budgeted Amount):
public hearing on proposed annexation.
/ '
/ [.J--
Cost / benefit analysis to be completed before
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
~~-
r~N~ . ~~Ul TO. PIt\.~V\; h
COUNCIL PRESIDENT: ~
I {;ONSBNT AGJ:NDA D t G. B.
1 ~u,-,JIIL,r.<J ,-"-,,,crri.l"'.
~//
RECOMMENDED MOTION: Move to pass Res0Jution . oL~- initiating annexation
Proceedings. ~f'"' ~ \,J'e.s+-- ttil\S d-.:re!l). {"('l'1(..JC.;;I-kL"'J.I> fA .p.., \ \
. .J ....,r/.1)..- '''''' v- Vl~'l1,-""l-; 4
.., . '-"I,~'. ..J
J f.,i,;) ')(1t'h. f'" ""'r'~' ,J " . I' (' ('v" -.. .
v "'-'. 'C.. \. . e.- \') V~ o.,ett "'-'V'lj^.ey 1'. "'-'. -J--..,......, I", r. i. "\ I ..') . .._,
" .~ 1:\ ...~"\ L, , ;t-\.. Vv, .....-. j c..UO !
COUNCIL ACTION: D Approve D Deny D Table D Contin~~ D No Action
RESOLUTION NO. 30;).3
A RESOLUTION of the City Council of the City of
Bremerton, Washington, initiating the annexation of certain lands
comprising approximately 171 acres in the West Hills area of West
Bremerton situated within an island of unincorporated Kitsap
County territory that is completely encompassed by City of
Bremerton jurisdiction, more particularly described in Exhibit A;
and declaring Notice of Intent to Annex said territory; and setting a
date for a public hearing on the resolution.
WHEREAS, RCW 35.13.182 provides for an abbreviated procedure to annex
unincorporated islands of property having at least 80% of the boundaries of such area contiguous
to the city, initiated by City Council Resolution; and
WHEREAS, City Council seeks to annex territories within City of Bremerton
Urban Growth Areas that contribute to the overall economic and social health and well being of
the City and lead to an orderly and logical pattern of development; and
WHEREAS, the proposed area for annexation is legally described and further
depicted in Exhibit A, legal description and Exhibit B, map, attached hereto and incorporated
herein by reference; and
WHEREAS, the proposed area for annexation is located within the City's Urban
Growth Area (UGA) and in completely encompassed by the City; and
WHEREAS, the land use designations previously established by the City for the
proposed area for annexation are Low Density Residential (LDR) and Industrial (I) as depicted
on the City of Bremerton Comprehensive Plan Land Use Map; and
WHEREAS, pursu~ RCW 35.13.1822, a public hearing will be held on the
proposed annexation on itff..,~ ~ a 1:30 PM during the regular City of Bremerton City
Council meeting and all statutory notice and publication requirements for the public hearing shall
be met prior to the hearing; and
WHEREAS, the City of Bremerton estimates that there are approximately 325
voters residing in the area, and this estimate is prepared based on the number of housing units
located in the area proposed for annexation; and
WHEREAS, the City of Bremerton will file a Notice of Intent to Annex document
with the Kitsap County Boundary Review Board (BRB) immediately following the passage of
this Resolution; and
1
West Hills Island Annexation
;;
WHEREAS, City of Bremerton staff will present to City Council an analysis of
the costs and benefits and the anticipated fiscal impacts to the City of annexing the West Hills
Island prior to the City Council's consideration of whether to approve the annexation; and
WHEREAS, City Council finds that it is in the best interest of the City to initiate
the proposed annexation as presented, require the simultaneous adoption of the comprehensive
plan for the area proposed to be annexed and require the assumption of all or any portion of City
indebtedness by the area to be aruiexed; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. City Council hereby initiates annexation proceedings as pursuant
to RCW 35.13.182 for the territory included in the West Hills Island as legally described in
Exhibit A, and mapped in Exhibit B, attached hereto.
SECTION 2. City Council sets May 2, 2007 as the date for a public hearing on
the proposed annexation.
SECTION 3. City Council shall require the simultaneous adoption of the
comprehensive plan land use designations of LDR and I as previously established by the City for
this area in the UGA for the proposed annexation area.
SECTION 4. The City Council shall require the assumption of all existing City
indebtedness by the area to be annexed.
SECTION 5. The City shall submit an Intent to Annex as required by law to the
Kitsap Boundary Review Board (BRB).
SECTION 6. 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 7. 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 _
,2007.
WILL MAUPIN, Council President
2
West Hills Island Annexation
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
P AULA JOHNSTON, City Clerk
R:\Legal\Legal\Files\Current Active Files\Annexation - West Hills Island\Initiation Resolution.doc
3
West Hills Island Annexation
;
Exhibit A
Legal Description
LEGAL DESCRIPTION FOR WEST HILLS ISLAND ANNEXATION
Those portions of Sections 16 and 21, Township 24 North, Range 1 East, W.M., described as follows:
Beginning at the southwest comer of the Plat of Leibly & Blumer's 1 st Addition to Bremerton Heights, as
recorded in Volume 3 of the book ofplats, Page 89, records of Kit sap County, Washington, also being a point
on the east-west centerline of said Section 21, also being on the westerly right of way of Howe Street and the
True Point of Beginning; thence westerly along said centerline to the east line of the so~thwest quarter of the
northwest quarter of said Section 21; thence northerly along said east line to its intersection with the northerly
right of way for Werner Road; thence westerly along said northerly right of way to its intersection with the
westerly right of way ofIda Street (formerly Maple Street); thence northerly along said westerly right of way to
its intersection with the southerly right of way for Rogers Street; thence westerly along said southerly right of
way to its intersection with the westerly right of way of Broad Street; thence northerly along said westerly right
of way to its intersection with the north line of said Section 21; thence westerly along said north line to its
intersection with the easterly right of way of Tweed Lane; thence northeasterly along said easterly right of way
to its intersection with a line 150 feet south of and parallel to the north line of the southwest quarter ofthe
southwest quarter of the southwest quarter of said Section 16; thence westerly along said line to its intersection
with the west line of said Section 16; thence northerly along said west line to its intersection with the centerline
of Price Road; thence easterly along said centerline to its intersection with the centerline of Harlow Road;
thence northwesterly along said centerline to its intersection with the westerly extension of the south line ofthe
north half of the northwest quarter of the southwest quarter of said Section 16, also being the south line of the
plat of Brentwood, Being las. W. Carr's Subdivision as recorded in Volume 4 of the book of plats, Page 84,
records of Kitsap County, Washington; thence easterly along said south line to the east line of the west half of
the southwest quarter of said Section 16; thence southerly along said east line to its intersection with the north
line of the southwest quarter of the southeast quarter of the southwest quarter of said Section 16; thence
easterly along said north line to the west line of the east 166.32 feet of the southwest quarter of the southeast
quarter of the southwest quarter of said Section 16; thence southerly along said west line to the southerly right
of way of said Harlow Drive; thence easterly along said southerly right of way to its intersection with the west
line of the southeast quarter of the southeast quarter of the southwest quarter of said Section 16; thence
southerly along said west line to its intersection with the south line of said Section 16, also being the northwest
comer of the east half of the northeast quarter of the northwest quarter of said Section 21; thence continuing
southerly along the west line of said east half to the southwest comer of said east half; thence easterly along the
south line of said east half to its intersection with the north-south centerline of said Section 16; thence southerly
along said centerline to its intersection with the south line of the north half of the northwest quarter of the
southwest quarter of the northeast quarter of said Section 16; thence easterly along said south line to its
intersection with the westerly right of way of Blumer Street, also being the northwest comer of the said Plat of
Leibly & Blumer's 1 st Addition to Bremerton Heights; thence southerly along said westerly right of way to its
intersection with the northerly right of way of said Werner Road; thence easterly along said northerly right of
way to its intersection with the extension of westerly right of way of Howe Street; thence southerly along said
extension and westerly right of way to the true point of beginning.
4
West Hills Island Annexation
"
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CITY OF -I i--, --- ~()-- ~ ~ ~
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I -~R~f\lf"~
. EXHIBIT B
. West Hills Island
. Proposed Annexation Area
Oyster
Bay
r- ~_I\
--~L \
i
I~~ .
:P7 II
'0!l!]@~~ D=OoDD D~D(01)@] &01)01)@M@~O@01)
2/21 Council Meeting
lResolution
- Intent To Annex
- Sets Hearing Date
- Press Release &
Notification Mailing
- City Cost / Benefit Report
3/21 Concil Meeting
Public Hearing
- Residents Voice Opinion
- Council Hears Testimony
3/21 Council Ordinance
- Approving Annexation
- Sets Effective Date
(45+ days in future)
KJ
[l
D
LI
45 Days t]
or More EI
IS]
D
D
[l
- Residents Have 45 Day
Recall Period (10%
Petitioners Required to
trigger recall vote)
- Boundary Review Period
The Wes~ IHIms ~S~alll1d1
171 Acre
o $36M Assessed Value
o About 500 people
o Surrounded by City Limts
Easy 'Island' Annexation Method
Primarily residential uses
o Some limited industrial
Werner Rd. corridor bisects the area
Near proposed West Hills development
Near Pendergast Park
Mixed quality housing
DATE SUBMITTED: February 5, 2007
BILL # 07 - 037
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
{.c,
........................................................................................
SUBJECT: Ordinance No. 4Cf q 't
changing the boundaries of City Council
District 1 to include recently annexed
property
Committee Meeting Date: February 13,2007
COUNCIL MEETING Date: February 21, 2007
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: City Council passed Ordinance No. 4997 annexing certain property to the City of
Bremerton and establishing the effective date of the annexation as February 1,2007. The annexed
property is adjacent to City Council District 1. The proposed ordinance assigns the annexed property
to City Council District 1.
A TT ACHMENTS: Proposed Ordinance rJ o. 4- q C( '{
FISCAL IMPACTS (Include Budgeted Amount): None
'--..~
Pltl&Al1; ~ ~L
COMMfVfEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA 0
GENERAL BUSINESS '~
PUBLIC HEARING 0
RECOMMENDED MOTION:
Move to pass Ordinance No. 4 q q ~ assigning recently annexed property to City Council District 1.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. 1../ Cf'lq
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, changing the boundaries of City Council
District 1 to include recently annexed property.
WHEREAS, on January 17,2007, City Council passed Ordinance No. 4997
annexing certain property to the City of Bremerton and establishing the effective date of the
mmexation as February 1,2007. The annexed property is depicted on Exhibit A attached hereto
and incorporated herein by reference; and
WHEREAS, the Bremerton City Charter authorizes the City Council to change
the boundaries of existing districts by ordinance; and
WHEREAS, the property annexed is adjacent to City Council District 1 ofthe
City of Bremerton; NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The property annexed by Ordinance No. 4997 and depicted on
Exhibit A is hereby assigned to Bremerton City Council District 1.
SECTION 2. 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 ofthe 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
,2007
WILL MAUPIN, Council President
Approved this
day of
,2007
CARY BOZEMAN, Mayor
1
Council District Boundary Change
,;
ATTEST:
APPROVED AS TO FORM:
P AULA JOHNSTON, City Clerk
ROGER A. LUBOVICH, City Attomey
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2007
,2007
R:\Legal\Legal\Files\Current Active Files\Annexation - Tracyton\Council District Assignment Ordinance.doc
2
Council District Boundary Change
;
Tracy ton Annexation
With City of Bremerton
City Council Districts
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Move to:
(1) Authorize the City Attorney to file an appeal in the
case of WEBG v. Bremerton, Kitsap Superior Court
Cause No. 06-2-01149-1;
(2) Authorize the City Attorney to retain the'services of
F oster Pepper PLLC to represent the City on appeal
based on the Letter of Engagement from Foster
Pepper PLLC dated February 21, 2007; and
(3) Authorize the City Attorney to take all action
necessary to litigate the appeal.