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HomeMy WebLinkAbout02/21/2007 AGENDA I~'m-- __'___~_o-;..'.I. " ' I II : I ~ L~f~f~~;;;-j 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: ~-~ ~ . \ ikti1; ( ~. ) 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 --- -.,. 5(., ......................................................................................... 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. jlL~. ~~, ~~~ ~~~. riVluvUe. .8fUfL ~Ll\Jl'll..:J. , . ._, 4 I CONSENT AGENDA xl / ]'~?7~/ . . //~.( ~., V ~~ I / 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. I ! 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I r ... r I'!, ... t"' ' ~ / f If J. , \ I'" " , r , ,. , >- " . ' r, """ T'" ',.... v It, ~~N WA~~~'te . . \61.c,,~ ~\ ~ ,I ~OGL- (. ~ .01 L"'N Af.4-\~ Ytll~ 1'--0\' E:Nn<.~NCG fLeVA-\1bN 6'f'1ltlN '[3' 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- ~ Ji'IJL ~b, nUnIJl~: \ ,I CONSENT AGENDA ~ \ nnr . ~Tm 1M " d /1'1 ). 'JU?/j/ //L/At'!J(/ / /0 ;72___ l " 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' , 1\ I' I_T-- -oi:Cl-- i r:-=f:'/ t~~:oL~=j-'1 f':+=-:/ -rem" ill i '-.~ ' MI'" W r=--='~ r ~ 'r=--!,c6IH _rJ I--r \,! -- I 1-CI1':c' ,- ~-,tjjc ;;'/:'" '-. ' ,,-\1~1>_ II! ffi~-J II N -r~~:-=-_[~I (J [~=hlr !4II''g-_jT _~LL,J!n~TI~=Irt-,Th=~Il~lf\ \(Ij- /1~~:4i: I '-. 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'" II -" -!It' ';:/\--;/./' / '~ / I r-T -J:=CSiiL.. .. !.>. j-,,- ri ,"-,., / /' // ". / '" 1_ I~~ L r7~:r:....it.J;:;f'r-"5fI /Y ~/ ".. IIGIIEllII I I r I I ---{ · J.: l'~'7'+-$/.';' /;/ , ) S1/i'i.a.....". I ;pJ (~+"'-{ "'~ ", ,-'1-....Lr/"'V'.' '-1 L~~ · ---Lt... ___ILl" ---- / n_ __L___ /~ ___. -7::... __.=~-'--T-n- Il..:]: =-rn-=~r=j=-'B~ :::::r,-=n~.:~;~VtSTA:-1I~ j I 1--1'-11 J 0 1/ ; ~~ / 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 " \j\ ) \ ~~~L~' _ ~k(j ( \ lj(") \-':_Lj- en \V~ r- - \---1- I- L::::::---CErnG --~ \ --- -.-<J> - f-. \ ~~~ 'tll~ OJ ~'<. . ""~"~' Bremerton City Limit /~ ~ 1\ ~ u_ ~ ~ .. ~ u \ t=~ \ ~__ ~iEK 1,000 II ~ \ to \ .J--- N I I Feet ) \ I (j) al----J-----\ -I \ \r1 -e\\_~ =i I ~!-- ~7~1l~ r ~~I HJ ~~ II Y j- I L-____ ~- ~~-r~\\] 7 ~ I ^ I I \ lJJ \ '1.\ I~ t'- :oSJ!pJ J JT ,.'kME>N1~- / Ol\~ "'\ I\~ -r- REY- " -, . zFi L r- - "a 1\ I--- _---, 5r_~ ..ll ~ ________ (fj-- -l- f-- I !ii ~ uJ 1- - tP - ~~ H~ ~ I > 6-'h- ~~ ~ ~ ,- 7<1=1 E; ~ cJ,=:g~~ 1t 1'~ ~ \ ~ LL -r 1}- L-=CP=-flI:l~W- I /; T- ~ ~ ~\:B \= ~~~ '.Jl~l:;" ~~ '\ L ~<f'IS: -~ ~ffi _~~-c \ ~~)) ~~~ ~- ~>.~ ~ m IIj r~~~~( ~~ 5 ,\ --;J-__ rl II z JC- ~'~ Q ~{v;<t;;~ ~ ~~ - - ____LL Jl ] LLffi;- L CfTY"OF ~<<; P Ih -r - - ~~ -~:~~-~~_ _I~~BREM~\ES\'R~O~~;::: -__ m 1- l~ ~ I I ,- ~ 1/ t tl:T-- (f III ,- __.,ls;r,.- ~~~' ~~ [3 r--'- ~ :IS ,'!i? Sl::~) '\ L~ -- 1 Q- ..p..!J z CITY OF -I i--, --- ~()-- ~ ~ ~ I 1---- f-d. -e- -- :46.1 2i IU~ --fJ.- '- ~ 7 o~J\1)j ~ 1---__ e ~1f:}- l$~~-L o --I-ai l r- Q ~ - -ii ~ ~ ~ I II--'F~~e-~ - I l ~_ I ~;~~ ~fNBM~ r ~ r WERNE'R I [ m'l f-- -J ~ffi~LL~ J- - ~\J EEJII I tfl1 = _]J,;- - 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 - - ......IN ,,~ -=~ ~ - ~J - = ~~I;;- - w- /1 I I I Ef]- =?"' L I- c '-- - I-- - I-- - \---- ~\- I- o ...J '" w 1 2 1'(3 l~ _'\~/...~ _-l -' I-- -- -. ~ 1--- -'- _r-- ~ _ '--- ) >- f- I--I-J - -I-- -_ - >- - = . ~I-- - - 1--1-- Ffr 1 I I I--' ~ -- I- -f- u - I-- - - '--- l- I-- h ---j ri I 'L-, 1----' K 1-1-- I--~ t= ~ I--- \-- --.-. l l- I I /( H '..~~ "" ...~;r- - ~ (~'~ .#" Jo\ r f.\\~ ~\ / f- ,- ~ - -~ I '~ L.....- '{I~V' /' :I frttHm ~ ~." ~ ~ " - I T TJ<-.- T T T 1.1..{ I I r\. .. ~ ~ ~ ~\, 6~ ~~ r t9 crt 1.1 o'~ Olg}~ . \.... I :'-II \ \ . ~\~: JII -' tl ~ ~~-*= tl lye RY ANNEXED _ ^ . "'.m~mtn -' wl.";~ ~ ...... I- bl. Y ^' I I I I f-- i- >-- r-...... IT I- _ I . f',,>-'rl I I r . ..... I--l- , . .,' \ T 1 '\. / 1 I I I r-- - I. .1. ~ r-1- Y"/ M~ ,I J~~ ~ n=Ji ~~n i+C~t1 ~ ~ ' ~-- ; :~' mF ~ . , .~..... FF= TIK ' :: . VI-- . ~.\ l . ... ~ , 1--'. h .J -, .'~' .' f--.=. f-;:. ~ '-- : " . -:k:-r'.l."A L o .:; ... . I--I~ -l I '1 f -:r l1Ti ./ '. I T t7 -\, T<e j.~ . \ ../. JTT a: 1 ..- - ~ ->-W-r - ~\ \ .......: \ L ~C/~ ':~ ~pj ~'. \.\-5 I =~ "(,r" 't.., --. -~ . '\. ""'" . ~, :' ~ ~ ~~ J' { J.... ~ '.-"- .', ~ ,\ r---: LS ~~' IT r ' ~ H+-, 11 ., .' ,:." t"':' N l Y ~ Y IL-,-:- > _ \. c.-.:., tBf ' , '-If-I- l... '-I- - f- I '- . I-- .1--.:..:.... I-- .,' I . II Lt -/ "'ii"'rk' ....LLI.:-.["l'}:( IJ-AI.. "<.., 9]v/ ..... ~ .L..../ .; "1:' f1",.,;,.,.,.. , '-I!f-- ~i.~ ,'-IT "---'- ~ '7- fJ!1IIII'" Annexation Boundary ~.~ City Limits :;- D Tax Parcels O. 790 I Feel 3': _.'j" -j:., ":'.,'t;. r-l-em & /}8:!fo/ - ()38 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.