HomeMy WebLinkAbout11/28/2007 AGENDA
FILE
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337-1873 0 (360) 473-5280
NOVEMBER 28, 2007
CITY COUNCIL MEETING AGENDA
1. PRE-COUNCIL STUDY SESSION: 5:00.... 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A General Coundl Busine'ss
B. Briefing on Harborside Plaza and Commons Capital Improvement Project with Gary
Sexton, Redevelopment Projects Administrator (Approx. 10-minutes)
2. CALL TO ORDER: 5:30 P.M. in CHAMBERS LOCATED ON FIRST FLOOR
A. Pledge of Allegiance
B. Invocation
3. PUBLIC RECOGNITION & ANNOUNCEMENTS
4. CONSENT AGENDA
A. Claims & Check Register (#AB07 -262)
B. Minutes of Meeting - November 7,2007 (#AB07-263)
C. Minutes of Meeting - November 14, 2007 (#AB07-264)
D. Re-appointment of Sheridan H. Mosher to the Arts Commission (#AB07-265)
E. Communications Tower Lease Agreement with SPRINT SPECTRUM (#AB07-266)
F. Amendment to Communications Tower Lease Agreement with SEATTLE SMSA LIMITED
PARTNERSHIP d/b/a VERIZON WIRELESS (#AB07-267)
G. Professional Services Agreement with HECKER ARCHITECTS for BKA T Studio Project
(#AB07-268)
H. Interlocal Agreement between the City of Bremerton, Central Kitsap Fire & Rescue, and
South Kitsap Fire & Rescue for Joint Firefighter and Paramedic Testing (#AB07-269)
I. Ordinance No. 5029, amending Section 2.06.040 of the Bremerton Municipal Code (BMC)
relating to Office of the City Attorney (#AB07-270)
J. Amendment NO.1 to Professional Services Agreement with PARAMETRIX for the Bremerton
Boardwalk Project (#AB07-271)
K. Resolution No. 3040, approving a portion of the West Hills Final Plat and Planned Unit
Development, which includes Lots 1-9 of the Wright Creek Business Park (#AB07 -272)
L. Parking Agreement with THE DOCTORS CLINIC (#AB07-273)
M. Professional Services Agreement with ED FAULK OPERATIONS, LLC for Greens
Superintendent Services at Gold Mountain Golf Club (#AB07-274)
N. Appointment of Linda Streissguth to the Bremerton Housing Authority Board of
Commissioners (#AB07-275)
O. Expenditure of $20,000 from the Stormwater Operations Budget to pay for Legal Services
for the NPDES II Permit Appeal (#AB07-276)
Continued on back...
II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
5. GENERAL BUSINESS
A. - Resolution No. 3041 , approving a Lead Hazard Abatement Partnership between the
Bremerton Housing Authority (BHA) and Kitsap County Consolidated Housing Authority
(KCCHA) (#AB07-277)
B. Ordinance No. 5030, adopting 2008 Utility Rates and General Facilities Charges and
amending Chapter 15.06 of the Bremerton Municipal Code (BMC) (#AB07-278)
C. Ordinance No. 5031, amending Rates and Fees for 2008 and Chapter 3.01 of the
Bremerton Municipal Code (BMC) (#AB07 -279)
6. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING
CITY COUNCIL STUDY SESSION
Immediately following the City Council Meeting, the Council Members will reconvene in COUNCIL CONFERENCE
ROOM 603. Please note that the Study Session is open to the public but there will be no opportunities for input
or participation; that no action will be taken, and the content of these items is subject to change...
A. NO DISCUSSION PLANNED - The following items are budgeted items or have been reviewed by the
appropriate Council Committee; and will be placed on the next Council Meeting Agenda for action...
1. Budget Adjustment for Risk Management Fund - Peggy Lesser, Risk Manager; and
Wendy Priest, Chair of the Finance Committee
B. FULL DISCUSSION ITEMS
2. Professional Service Contract with HDR, INC. to provide extended wastewater
comprehensive planning in expanded Urban Growth Areas assigned or proposed to be
assigned to the City of Bremerton - Phil Williams, Public Works & Utilities Director
Approx. 2-Y2 hours is expected for staff presentations and Council Q&A on all three Plans...
3. Parks Recreation & Open Space Master Plan - Wyn Birkenthal, Parks & Recreation
Director
4. Non-Motorized Transportation Plan - Phil Williams, Public Works & Facilities Director
5. Downtown Sub-Area Plan - Andrea Spencer, Department of Community Development
Director
II Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Clerk's Office at (360) 473-5323 by noon on the Monday preceding the
Council meeting.
DATE SUBMITTED: 11/28/2007
BILL # 07-262
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
lfA
.....................a.......................................'..................8............
SUBJECT:
Committee Meeting Date:
COUNCIL MEETING Date: November 28, 2007
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
Claims & Check Register
SUMMARY:
Consent Agenda item. Approval of checks and electronic fund transfers.
ATTACHMENTS: Check Register.
FISCAL IMPACTS (Include Budgeted Amount):
APPRO V ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
. COUNClL PRESIDENT:
~~~ ,?:F .
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION:
1) Check #'s 320845 through 321097 and EFT's 7483 through 7509 in the amount of$I,373,114.67.
2) Retiree Payroll for the pay period ending November 30, 2007 in the amount of $76,919.13.
COUNCIL ACTION: [8] Approve 0 Deny D Table
o Continue 0 No Action
~\
DA TE SUBMITTED: I \ II ~ /07
BILL #
07-:2G3
4~
AGENDA BIL'L
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
Committee.Meeting Date: N/A
COUNCIL MEETING Date: No\l~:2 <B, 2007
Department: City Council
Presenter: Will Maupin,
Council President
Phone: (360)473-5280
SUMMARY: Attached is a summary of the City Council Meeting held ~o"e.wdoev-- /1 ~oo7
SUBJECT: City Council Meeting Minutes
for meeting of
tJOVe..wtloer 7/ 2007
ATTACHMENTS: Meeting Minutes for (\1oV'e~ 7) :Loo7
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
Ne
~ ,; 1 ,i
4t ddP~~?-,
CONSENT AGENDA G:J
GENERAL BUSINESS 0
PUBLIC HEARING 0
I
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue n No A(,.ti"n
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, November 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 GOVERNMENT CENTER 345 6th Street, Bremerton, Washington,
Wednesday, November 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; City Clerk Carol Etgen; and Legislative Assistant Lori Smith.
The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the invocation
provided by Pastor Roaer HenniQan of Apostolic Life Tabernacle.
President Maupin announced that a Pre-Council Session to discuss General Council Business was
held prior to the meeting.
MAYOR'S REPORT
· Provided comments on the election, offered congratulations to the Council Members who were
re-elected; and expressed his disappointment in the failure of Proposition No.1; and
· Introduced several students from Bremerton High School, led by Senior Aimee Connolly who
expressed their concerns about the dangers experienced when attempting to cross the street
at 13th Street & Veneta Avenue. Phil Williams, Director of Public Works & Utilities expressed
his commitment to work with the students to come up with a solution to the problem.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Brad Gehrina encouraged the public to "thank" a Veteran in honor of Veteran's Day on Monday.
Nick Wofford encouraged people to help remove ivy from N.A.D. Park during a work party on
Saturday, November 10 beginning at 10:00 AM in the upper area of the park.
Mike Walton, Marketing Director with the Kitsap Family YMCA, provided a monthly update on the
activities and programs at the YMCA including Military Family Month; a Latin music based exercise
class called ZUMBA; Teen Late Night every Friday; and Splash & Jam on Saturday, November 1 ih.
As a member of the Manette Business Association, he announced "Winterfest"would be held on
Friday, December 7 beginning at 6:00 PM.
Anthonv Murphv. representing the Bremerton African-American Ministerial Alliance, was here to
encourage participation in the community-wide Family Conference the weekend of November 16 & 17
at the Crossroads Neighborhood Church. The event will begin at 7:00 PM on Friday, November 16
with guest speakers; and will follow with a full day of workshops on Saturday, November 17 after an
8:00 AM continental breakfast is served. The workshops are intended to help students succeed in
education, financial matters, employment, political empowerment, the legal justice system, and
spiritual alliance. Cost is $15 per person; $25 per couple; and childcare and meals will be provided.
Prior registration is encouraged but not required; and sponsorships are available. To register or to
receive more information, please call (360) 479-3674 or contact any local church.
CONSENT AGENDA
A. Check Numbers 320416 through 320783; and EFT-7439 through EFT-7469 in the amount of
$1,222,635.54; Regular Payroll for the pay period ending October 31,2007 in the amount of
$786,312.27; and Retiree Payroll for the pay period ending October 31,2007 in the amount of
$76,919.13 (#AB07-252)
B. Minutes of Meeting - October 17, 2007 (#AB07-253)
C. Minutes of Meeting - October 24,2007 (#AB07-254)
City Council Reg. Mtg. Minutes
Wednesday, November 7,2007
Page 2 of 3
D. Goods & Services Agreement with GODWIN PUMPS OF AMERICA for the Sewage Pump Station
CW-1 Upgrade Project (#AB07-255)
E. Approval to hire Geoffrey Wentlandt to the Long Range Senior Planner position at Band 11, Rate
4 in the Department of Community Development (#AB07-256)
06:03:30 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
PUBLIC HEARING
6A - RESOLUTION NO. 3039. APPROVING THE 2008 COMMUNITY DEVELOPMENT BLOCK
GRANT (CDBG) FUNDING RECOMMENDATIONS (#AB07-257): Marie Vila, Community
Development, explained that on May 2, 2007, City Council approved the 2008 CDBG/HOME Policy
Plan which outlined the funding allocation process and include CDBG rules and regulations. CDBG
staff accepted grant applications through July 20,2007. The Citizens Advisory Committees (CAC's)
have completed their review and interview process, and the funding recommendations listed in the
Agenda Bill have been made for your consideration and approval. If approved, these submissions will
be sent to the Department of 'Housing & Urban Development (HUD) in the 2008 Annual Action Plan.
Additionally, Ms. Vila introduced the Committee members and thanked them for their efforts; and
mentioned that letters received from several of the organizations were included in the record.
Judy McDonald, representing residents of the Stephenson Canyon. Park area, thanked the City for
approving their funding request to improve this area.
Helen Miller asked what the total amount of funds was available to distribute; and asked if the
Program was now allowed to approve funding requests from City Departments. Ms. Vila stated that
$81,600 was available for allocation from HUD and $353,600 was available for capital projects; and
stated that the City Departments have always been allowed to apply for the funds, as long as they
follow the same criteria as the other groups.
Larry Keller, Kitsap Mental Health Services, encouraged the Council to support the request for
funding for the upgrade of a psychiatric facility.
Mike Walton, Kitsap YMCA, asked the Council for their support of the recommendations presented
tonight; and asked for reconsideration of CDBG funds in the future for the Kitsap County Community
Development Corporation (KCCDC).
Dianne Robinson summarized the committee review process in which she was involved; and
believed that all of the programs were needed and worthy in the community.
06:23:45 M/S/C/U (Priest/McConnell) Move to pass Resolution No. 3039 approving the 2008 funding
recommendations; and authorize the Mayor to execute contracts in substantially the same form once
all funding has been secured and HUD has approved the Annual Action Plan.
GENERAL BUSINESS
7 A - ORDINANCE NO. 5026. AMENDING TITLE 15 OF THE BREMERTON MUNICIPAL CODE
(BMC) RELATING TO IMPROPER STORMWATER SURCHARGES (#AB07-258): Phil Williams,
Public Works & Utilities Director, summarized that this modification to Bremerton Municipal Code
(BMC) Title 15.01 and 15.06 will reduce the impact of the surcharge on Bremerton's utility customers,
give credit for properties that have disconnected their downspouts, but can not separate their
driveway drains because it is not equitable to do so, and simplify how the surcharge is applied to
residential and commercial properties. Chance Berthiaume, Water Resources, provided a POWER
POINT@ presentation to further highlight the details of the changes being proposed to Improper
Stormwater Surcharges.
City Council Reg. Mtg. Minutes
Wednesday, November 7,2007
Page 3 of 3
Adam Brockus stated that this issue has been discussed extensively during the Public Works &
Utilities Committee meetings, and summarized that the purpose of this action is to encourage
consumers to be more environmentally responsible to minimize discharge into the Puget Sound,
increase water quality, and create a lesser burden on the Wastewater Treatment Plant.
Brad GehrinQ was pleased that this proposal benefits the environment and rate payers.
Will Maupin commented on the improvement on water quality in his neighborhood; and was pleased
that this issue was brought before Council.
06:51 :08 M/S/C/U (Brockus/McConnell) Move to pass Ordinance No. 5026 amending Title 15,
"Municipal Utilities" of the Bremerton Municipal Code (BMC) relating to improper stormwater charges.
COUNCIL MEMBER REPORTS - There were no Council Member Reports tonight in the interest of
time...
With no further business, President Maupin adjourned the Council Meeting at 6:55 PM. Council
reconvened for a 1- ~ hour Budget Session to discuss "Enterprise Funds" in the Council Conference
Room.
pre~
LORI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WM:CE:ls:cg
DATE SUBMITTED: \\/1 ~ 107
BILL #
07-~Co4
LtC
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
Committee Meeting Date: N/ A
COUNCIL MEETING Date: NoVe~ 28 . 20::>'7
Department: City Council .
Presenter: Will Maupin,
Council President
Phone: (360)473-5280
SUMMARY: AtCtached is a summary of the City Council Meeting held NoVe-~ 14 j :::LOb 7
SUBJECT: City Council Meeting Minutes
for meeting of
NoVe. VV\.ioer \" I 2...007
ATTACHMENTS: Meeting Minutes for rVov'€..-VV\be;r- 14, :LOOt
FISCAL IMPACTS (Include Budgeted Amount): N/ A
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N!:
~UflF~lv7-
CONSENT AGENDA [B"
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, November 14, 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 GOVERNMENT CENTER 345 6t11 Street, Bremerton,
Washington, Wednesday, November 14, 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; City Clerk Carol Etgen; and Legislative Assistant Lori
Smith.
The Pledge of Allegiance was led by Council Member Brad Gehrina followed by the
invocation provided by Council Member Dianne Robinson.
President Maupin announced that a Pre-Council Session to discuss General Council Business
was held prior to the meeting, which included a 15-minute Executive Session to discuss
"Litigation" per RCW 42.30.11 0{1 )(i).
PUBLIC RECOGNITION & ANNOUNCEMENTS
Adam Brockus announced that several activities would be taking place both downtown and in
Manette as part of the Winterfest event on December 7,2007, and that Kitsap Transit would be
running a free shuttle between both locations.
CONSENT AGENDA
A. Check Numbers 320784 through 320844; and EFT-7470 through EFT~7482 in the amount
of $1,319,979.07; and Regular Payroll in the amount of $3,811.77 for the pay period ending
October 31,2007 (#AB07-259)
05:34:05 M/S/C/U (Priest/Arends) Move to approve the CONSENT AGENDA as presented.
PUBLIC HEARINGS
5A - PUBLIC HEARING ON REVENUE SOURCES FOR THE 2008 BUDGET AND
ORDINANCE NO. 5027 LEVYING PROPERTY TAXES FOR COLLECTION IN 2008 (#AB07-
260): Laura Lyon, Financial Services Director, explained that the City's property taxes are
levied on an annual basis through passage of an ordinance. The proposed ordinance will
implement a general property tax levy and a voted EMS levy at the statutory rate limit as well as
bond redemption levy at a rate adequate to provide funds necessary to meet debt service
obligations. A POWER POINT @ presentation was provided to show further details and to
highlight noteworthy items. Citizens were encouraged to view the full budget on the City's
website at www.ci.bremerton.wa.us.
There were no comments from the public.
06:17:20 M/S/C/U (Priest/Wofford) Move to approve Ordinance No. 5027 levying property taxes
for collection in 2008.
GENERAL BUSINESS
6A - ORDINANCE NO. 5028 AMENDING CHAPTERS 3.48 AND 3.86 OF THE BREMERTON
MUNICIPAL CODE (BMC) RELATING TO BUSINESS AND OCCUPATION TAX
EXEMPTIONS, AND THE ALLOCATION AND APPORTIONMENT OF GROSS INCOME
FROM TAXABLE SERVICE ACTIVITIES (#AB07-261): Laura Lyon, Financial Services
Director, summarized that the as part of the 2007 budget adoption and revenue actions, the
City Council adopted a plan and made changes to the City's B & 0 Tax as deemed appropriate
to encourage existing business to expand and grow and/or attract new business to Bremerton.
City Council Reg. Mtg. Minutes
Wednesday, November 14, 2007
Page 2 of 2
The plan included an increase to $60,000 (up from $40,000) of the revenue exemption upon
achieving a full year of sales tax revenue growth of 6% or greater. The 2006 sales tax revenue
for the City was 7.8% higher than 2005 triggering the next step of the exemption increase. In
addition, the State Legislature, through EHB2030, has mandated that all B & 0 tax cities adopt
a new allocation/apportionment method for taxing service-based businesses effective January
1, 2008. In the case of sales of tangible personal property, the taxable activity is taxed in the
location where the delivery to the buyer occurs. Gross income from taxable service activities is
apportioned to a location on the basis of a two-factor formula consisting of a payroll and service
income factor. A POWER POINT@ presentation was made to provide a summary of the five
major changes and to highlight other noteworthy items.
There were no comments from the public.
Council Members requested clarifications, and expressed their comments. . .
Mr. Gehrinq felt the language was confusing, and feared that businesses would end up
needing to hire bOOkkeepers to follow the program accurately; and Mr. McConnell disagreed
with another unfunded mandate from the State and favored eliminating the B&O tax altogether.
06:51 :40 M/S/C (Priest/Shepherd) Move to approve Ordinance No. 5028 amending Chapters
3.48 and 3.86 of the Bremerton Municipal Code relating to allocation and apportionment of
taxable income and related administrative provisions in compliance with RCW 35.102.130, to
increase the exemption of revenue subject to taxation and other related amendments.
Voted in favor of Motion: Brockus, Priest, Shepherd, Robinson, Arends, Wofford, Maupin
Voted opposed to Motion: Gehring, McConnell
Motion carried: 7-Yes; 2-No
With no further business, President Maupin explained that no Council Meeting would be held
next week, and wished everyone a Happy Thanksgiving. He then adjourned the Council
Meeting at 6:53 PM. The Council reconvened in the Council Conference Room for a STUDY
SESSION to hear presentations on upcoming agenda items.
pr~/
LORI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
WILL MAUPIN, City Council President
WM:CE:ls:cg
DA TE SUBMITTED: November 8, 2007
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL fr8 df () 7 -- ~ G S-
a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a~a a a a a a ~b a a a a a I
SUBJECT: Reappointment to the Arts
Commission
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
Novl!mhll'- Ill. :J..007
November).810D1
Executive '1
Mayor Bozeman
473-5266
SUMMARY: Sheridan H. Mosher's term on the Arts Commission will expire on December 7,2007.
It is recommended she be reappointed to another term.
A TT ACHMENTS: Application for reappointment available in the Mayor's office.
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
:~~~~ DIRECTOR: -C, a:z
Jl
COUNCIL PRESIDENT:
I CONSENT AGENDA }{I
~tJ~o- /.
RECOMMENDED MOTION: Move to confirm the reappointment of Sheridan H. Mosher to the
Arts Commission.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
DATE SUBMITTED: November 2, 2007
BILL #
07-,20 (0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
tfe
........................................................................................
SUBJECT:.
Communications Tower Lease Agreement
Committee Meeting Date: November 14,2007
COUNCIL MEETING Date: November 28,2007
Department: Pub Wks & Utilities //;/J
Presenter: P. R. Lucas~c;...~,
Phone: 473-2328
SUMMARY: Sprint Spectrum wishes to renew its lease for five additional years on the 3027
Olympus Drive tower. The original lease was with US West but has since been taken over by Sprint
Spectrum. The current lease expires in April of 2008, but Sprint Spectrum would like to have the
lease renewal approved prior to that date so that there is continuity. The lease renewal contains
provisions for two five-year terms renewals which has been standard. Payment to the City will be
$1200.00 per month. The current payment is $618.71 per month.
A TT ACHMENTS: Proposed Lease Agreement
FISCAL IMPACTS (Include Budgeted Amount): None
APPROVALS: //--~I /.,'
DEPARTMENT DIRECTOR::, ;:;-~ )/iA~t:-'
-, -
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
.~? ~.--..c;::!!i;~/~:2~__
," 'c~~::'-r:"..
iL )'6~~' ~ ,.
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,",",~/"".(/p . "~ (1'--'"
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: That the City Council approve the new five-year Lease Agreement
with Sprint Spectrum with two five-year renewal options.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
TELECOMMUNICA TIONS FACILITIES
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a
municipal corporation duly organized and existing under the laws of the State of Washington, as
Lessor (hereinafter referred to as "City") and Sprint Spectrum Realty Company, L.P., a Delaware
limited partnership (hereinafter referred to as "Lessee").
WIT N E SSE T H:
1. PREMISES. The City leases to the Lessee real property located at 3027 Olympus
Drive, NE, City of Bremerton, County of Kitsap, State of Washington for housing, installing,
constructing, operating and maintaining certain telecommunications facilities, legally described
and/or depicted in Schedule A ("Premises"). Lessee accepts the Premises for such purpose, subject
to the considerations, terms and conditions specified in this Telecommunications Facilities Lease
Agreement (hereinafter referred to as "Lease").
2. DEFINITIONS. For the purpose of this Lease, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings:
"Person" means and includes corporations, companies, associations, joint stock companies
or associations, firms, partnerships, limited liability companies and individuals and includes their
lessors, trustees and receivers;
"Public street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,
dedicated or devoted to highway purposes, including forest access roads;
"Public way" means and includes all public streets and utility easements, as those terms are
defined herein, now or hereafter owned by the City, but only to the extent of the City's right, title,
interest or authority to grant a permit or lease to occupy and use such streets and easements for
telecommunications facilities;
"Telecommunications carrier" means and includes every person that directly or indirectly
owns, controls, operates or manages plant, equipment or property within the City, used or to be used
for the purpose of offering telecommunications service;
"Telecommunications facilities" means the plant, equipment and property, including but not
limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment storage
structures and other appurtenances used or to be used to transmit, receive, distribute, provide, house
or offer telecommunications services;
LEASE AGREEMENT - I
Sprint Site ID #SE63XC400
"Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
"Telecommunications service" means the providing or offering for rent, sale or lease, or in
exchange for other value received, of the transmittal of voice, data. image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser, microwave,
radio, satellite or similar facilities, with or without benefit of any closed transmission medium.
"Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications facilities.
3. USES AND PURPOSES. Lessee shall have the use and occupancy of the Premises
for the purpose of transmission and reception of telecommunication and signals in any and all
frequencies using real property and telecommunications facilities approved in Schedule A. Lessee
shall be responsible for adherence to all federal, state and local regulations pertaining to the
operation of a communications facility.
Lessee shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A after obtaining required
permits and as approved by City on the Site Plan.
City shall provide Lessee access to the Premises at all times adequate to service the Premises
and the telecommunication facilities at all times during this Lease.
Lessee shall provide the City with a list of all authorized individuals who will have access to
the Premises. Notification of changes to the list shall be provided to the City within 24 hours by
telephone or fax from the point of contact identified in Section 41(G), which notice shall be followed
by written notification pursuant to Section 41(G). Lessee shall be responsible for conducting
appropriate background checks of all of their employees.
Employees visiting the Premises shall be clearly identifiable as employees of the Lessee
either by uniform identification badge or marked company vehicle.
4. NON-EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude the
City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or other
persons for telecommunications or any other purpose, provided that such lease, right, license,
franchise, etc. does not physically interfere with the Lessee's Telecommunications facilities.
LEASE AGREEMENT - 2
Sprint Site ID #SE63XC400
5. TERM OF LEASE. This Lease shall be valid for a ternl of five year(s) commencing
April 6, 2008 and terminating April 5, 2013, unless otherwise extended as provided for herein.
Lessee shall have the option of renewing this lease for two (2) additional five (5) year periods up to a
total of ten (10) years. Notice of renewal must be received by the City within six (6) months of
expiration of each five year term.
6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in the
City property, but shall be deemed the right only to use and occupy the City property for the limited
purposes and term stated in the Lease. Further, this Lease shall not be construed as any warranty of
title.
7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the
City may enter into leases with other tenants for their equipment and telecommunications facilities
for the purposes of transmitting and receiving telecommunication signals from City property. The
City, however, is not in any way responsible or liable for any interference with Lessee's use of the
City property which may be caused by the use and operation of any other tenant's equipment, even if
caused by new technology. In the event that any other tenant's activities interfere with the Lessee's
use of the City property, and such use or operation was not in existence on the date of execution of
this Lease, and the Lessee cannot resolve this interference with the other tenants, the City will, upon
written request by Lessee, cause such interfering use to cease. Lessee understands that if its use
interferes with a prior tenant, and the interference problem cannot be cured, this Lease may be
terminated by the City pursuant to Sections 34 and 35. The Lessee shall cooperate with all other
tenants to identify the causes of and work towards the resolution of any electronic interference
problem. In addition, the Lessee agrees to elirp.inate any radio or television interference caused to
City-owned facilities or surrounding residences at Lessee's own expense and without installation of
extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be
received from City operated telecommunications or other City facilities located upon the City
property subject to this Lease except those City antenna sites placed upon Lessee's facilities pursuant
to Section 1O.B.
8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,
landscaping and all other improvements, except telecommunications facility, shall become the
property of the City upon expiration or termination of the Lease. In the event that the City requires
removal of such improvements after termination of the Lease, such removal shall be accomplished at
the sole expense of the Lessee and completed within thirty (30) days after receiving notice from the
City requiring removal of the improvements. Additional time may be granted upon the discretion of
the City which approval shall not be unreasonably withheld. In the event that telecommunications
facilities or other equipment are left upon City property after expiration or termination of the lease,
they shall, at the City's option, if not removed by the Lessee upon 30 days written notice from the
City, be removed and stored at the expense of Lessee. Stored telecommunications facilities that are
not claimed by the Lessee within six (6) months from termination of the Lease shall become the
property of the City.
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City waives any lien rights it may have concerning the Telecommunications facility, all of
which are deemed Lessee's personal property and not fixtures, and Lessee has the right to remove the
same at any time without City's consent.
City acknowledges that Lessee has entered into a fin~ncing illTangement including promissory
notes and financial and security agreements for the financing of the Telecommunications facilities
("Collateral") with a third party financing entity (and may in the future enter into additional financing
arrangements with other financing entities). In connection therewith, City (i) consents to the
installation of the Collateral; (ii) disclaims any interest in the Collateral, as fixtures or otherwise; and
(iii) agrees that the Collateral shall be exempt from execution, foreclosure, sale, levy, attachment, or
distress for any Rent due or to become due and that such Collateral may be removed at any time
without recourse to legal proceedings. Notwithstanding the foregoing, Lessee shall continue to pay
Rent under this lease unless earlier terminated as provided for herein.
9. CANCELLATION OF LEASE BY LESSEE.
A. All Leases are contingent upon the Lessee obtaining all necessary permits,
approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain all
such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in any rents
paid, without further obligation by giving 30 days prior written notice to the City. Lessee agrees to
restore City property to original condition if cancellation is requested.
B. In the event that the holder of a Lease determines that the City property is
unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180 days
written notice to the City. However, no prepaid rent shall be refundable; except in the event any
changes occur with respect to the City's use of the property subsequent to the effective date of this
Lease (including but not limited to additional Lessees as permitted by the City) and such changes
result in the property becoming unsuitable for Lessee's intended purpose.
10. COMPENSATION TO THE CITY.
A. This Lease is subject to the City's right, which is expressly reserved, to
annually fix a fair and reasonable compensation to be paid for the rights granted to the Lessee;
starting on the Commencement Date and on the first day of each month thereafter during the term of
the Lease, Lessee shall pay rent at a rate of One Thousand Two Hundred and No/lOO Dollars
($1,200.00) per month, prorated for any partial months. Substantial expansion of the initial
configuration contained in Schedule A will result in review and possible re-negotiation of the rental
rate contained herein.
At the beginning of each successive year thereafter, the monthly rent shall automatically be
increased by four percent (4%) per year above the annual rent for the preceding year.
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Any payments received after the due date shall include a late payment penalty of 2% of the
annual rental fee for each day or part thereof past the due date.
B. Additional Consideration. City shall be allowed, at City's sole expense, to
attach City's communication antennas to Lessee's telecommunications tower provided City first
obtains Lessee's prior written consent for such attachments. Such consent shall not be unreasonably
withheld. Lessee's approval for said attachments shall be contingent upon determining whether
Lessee's tower is properly engineered to accommodate City's antenna system and such transmission
shall not result in any impairment or diminution in the quality of Lessee's service. Further, said
approval shall be given only after Lessee has reviewed and approved City's engineering plans for
said antenna attachments in a location specified by Lessee. Approval shall not be unreasonably
withheld. Upon written approval by Lessee, said attachments shall be installed by qualified licensed
contractors and in accordance with Lessee's directives for the method of installment and with
permits issued by all applicable governmental authorities having jurisdiction which shall first be
obtained by City at its sole expense. City acknowledges and agrees that Lessee reserves the right to
relocate City's antennas at any time(s) to accommodate modifications required for Lessee's future
system requirements, provided such relocation shall provide equivalent quality of service after such
relocation.
C. Pursuant to Section 27 Lessee shall pay to the City fifty percent (50%) of any
and all sublessee rent for co-location on Lessee's tower.
11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a new
lease application and Lease shall be required of any telecommunications carrier or other entity that
desires to expand, modify, or relocate its telecommunications facilities or other equipment located
upon City property. If ordered by the City to locate or relocate its telecommunications facilities or
other equipment on the City property, the City shall grant a lease amendment without further
application.
12. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under this
Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days before
expiration of the current Lease, file an application with the City for renewal of its Lease which shall
include the following:
A. Any reasonable information required by the City of Bremerton;
B. Any additional information required based upon elements of the current Lease
agreement between the City and the Lessee;
C. All deposits or charges required pursuant to City ordinances;
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D.
Dollars ($500.00).
A non-refundable application fee in the amount of Five Hundred and No/IOO
The City reserves the right to extend the review period for the renewal application if
additional information is required.
13. OBLIGA TION TO CURE AS A CONDITION OF RENEWAL. No Lease shall
be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease have
been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by
the City.
14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to substantially
expand the existing configuration contained in Schedule A, Lessee will submit a new application.
15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its rights
hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce
general ordinances necessary to protect the safety and welfare of the public and it agrees to comply
with all applicable general laws enacted by the City pursuant to such power.
16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate or
maintain its telecommunications facilities so as to unreasonably interfere with the use of the public
ways by the City, by the general public or by other persons authorized to use or be present in or upon
the public ways. All such facilities which interfere with public ways shall be moved by the Lessee,
at the Lessee's cost, temporarily or permanently, as determined by the City Public Works and
Utilities Director.
17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required under
the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible,
before such repair or emergency work commences or as soon thereafter as possible if advance notice
is not practicable.
18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal, state
and local requirements. Lessee shall not permit waste, damage, or injury to the premises including
any City property, public ways of the City, other ways or other property, whether publicly or
privately owned, located in, on or adjacent thereto. Lessee shall not improperly store any chemicals
or hazardous materials in violation of the law in the well head protection area. Lessee shall not
restrict site access to City. City shall have the exclusive right to inspect the Lessee's
telecommunications facilities and equipment at any time during the term of this Lease to ensure
compliance with the terms and conditions herein; Provided, however, Lessee has the right to be
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present at all inspections of Lessee's telecommunications facilities and equipment, and City shall
give Lessee at least 24 hours prior notice of such intent.
19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well as
current signage on telecommunication facilities identifying Lessee, address and. a 24 hour phone
number. Signage shall be posted and clearly visible at all times.
20. RELOCA TION OR REMOV AL OF FACILITIES. Within one hundred eighty
(180) days following written notice from the City, the Lessee shall, at its own expense, temporarily
or permanently remove, relocate, change or alter the position of any telecommunications facilities
within the public ways or upon City property whenever the City Public Works & Utilities Director
shall have determined that such removal, relocation, change or alteration is reasonable necessary for:
A. The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways; and
B. The operations of the City or other governmental entity in or upon the public
ways.
Additional time for removal or relocation may be granted at the discretion of the City which
extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by
the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City.
21. REMOV AL OF UNAUTHORIZED FACILITIES. Within thirty (30) days
following written notice from the City, Lessee or any person who owns, controls or maintains on
behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances
within the public ways or real property of the City shall, at its own expense, remove such facilities or
appurtenances from the public ways or property of the City. A telecommunications system or facility
is unauthorized and subject to removal in the following circumstances:
A. Upon expiration or termination of the Lessee's Lease without approved
extension or renewal;
B. Upon abandonment of a facility within the public ways or real property of the
City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after expiration or
termination of the Lease;
a Lease;
C. If the system or facility was constructed or installed without the prior grant of
D. If the system or facility was constructed or installed without the prior issuance
of a required City permits; and
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E. If the system or facility was constructed or installed at a location not pennitted
by the Lease.
Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways or
property of the City to abandon such facilities in place. No facilities of any type may be abandoned
in place without the express written consent of the City. Any plan for abandonment or removal of a
Lessee's facilities must be first approved by the Public Works and Utilities Director, and all
necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of
the property of such persons in place, the property shall become that of the City, and such persons
shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to
the City the ownership of such property in which event, Lessee shall have no further obligations or
liability with respect to such property or facilities. The provisions of this Section shall survive the
expiration, revocation, or termination of the Lease granted hereunder. If the City does not authorize
abandonment and Lessee fails to remove such facilities within thirty (30) days following notice,
Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal.
22. E:MERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City
retains the right and privilege to cut or move any telecommunications facilities located within the
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any
person or entity of any type as a direct or indirect result of the City's actions under this Section.
23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the
willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be
liable for any damage to or loss of any telecommunications facility upon City property or within the
public ways of the City as a result of or in connection with any public works, public improvements,
construction, excavation, grading, filling, or work of any kind on such City property or within the
public ways by or on behalf of the City.
24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A. When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or City property, or when Lessee, or any person acting on its
behalf damages any public ways, other ways or City property, it shall, at its own expense, promptly
remove any obstructions therefrom and restore such ways or property to City construction standards
as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall
obtain all requisite permits for such work.
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B. If weather or other conditions do not permit the complete restoration required
by this Section, the Lessee shall temporarily restore the affected ways or propelty. Such temporary
restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and
complete the required permanent restoration when the weather or other conditions no longer prevent
such pelmanent restoration.
C. The Lessee or other person acting in its behalf shall use suitable barricades,
flags, flagmen, lights, flares and other measures as required for the safety of all members of the
general public and to prevent injury or damage to any person, vehicle or property by reason of such
work in or affecting such ways or property.
D. The Public Works and Utilities Director shall be responsible for inspection
and final approval of the condition of the public ways, other ways, and City property following any
construction and restoration activities therein. Further, the provisions of this Section shall survive
the expiration, revocation, or termination of this Lease.
25. FACILITIES MAPS. The Lessee shall provide the City with a map or maps
accurately reflecting the horizontal and vertical location and configuration of all of its
telecommunications facilities within the public ways and upon City property. The Lessee shall
provide the City with updated maps upon request by the City.
26. BOOKS, RECORDS AND MAPS. All books, records, maps and other documents,
maintained by the Lessee with respect to its telecommunications facilities within the public ways and
upon City property shall be made available for inspection by the City at reasonable times and
intervals; Provided, however, that nothing in this Section shall be construed to require the Lessee to
violate state or federal law regarding subscriber privacy, nor shall this Section be construed to
require the Lessee to disclose proprietary or confidential information without adequate safeguards for
its confidential or proprietary nature.
27. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right, with
prior City approval, to sublet the premises consistent with this Lease; provided:
A. The Lessee shall furnish the City with a copy of any such proposed lease or
agreement between the Lessee and its sub-lessee;
B. The sub-lessee has complied, to the extent applicable, with the requirements
contained in this Lease;
C. The Lessee owns and/or controls the tower facility located on City property;
D. The City and Lessee shall agree upon additional rental fee for sub-lessee hook-
ups pursuant to Section lO.D.
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The City encourages co-location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub-leases.
E. Notwithstanding the foregoing, Lessee may sublease space within the
Premises, without City's consent, to any entity which controls, is controlled by or is under common
control with Lessee, or to its parent company, any subsidiary or affiliate of it or its parent company or
to any successor- in- interest or entity acquiring fifty-one percent (51 % ) or more of its stock or assets
("Permitted Assignment"). Such Permitted Assignment shall not include subleases to third parties
that are not related to the Lessee in a manner set forth immediately above.
28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall
cooperate with Lessee in obtaining utility service.
29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property, excise leasehold, business and occupation, and/or
other taxes or licenses which may in the future be assessed as a direct result of the Lessee's
operations at the telecommunications facilities described herein.
30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the
following liability insurance policies insuring both the Lessee and the City, and its elected and
appointed officers, officials, agents, employees, representatives, engineers, consultants, and
volunteers against claims for injuries to persons or damages to property which may arise from or in
connection with the exercise of the rights, privileges, and authority granted to the Lessee:
A. Comprehensive general liability insurance, written on an occurrence basis,
with limits not less than:
(1) $2,000,000.00 for bodily injury or death to each person, for property
damage resulting from anyone accident; and
(2) $10,000,000 in an umbrella form excess liability policy per
occurrence/aggregate limit.
B. Automobile liability for owned, non-owned and hired vehicles with a limit of
$2,000,000.00 for each person and $2,000,000.00 for each accident;
C. Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.00;
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D. Comprehensive fon11 premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than $2,000,000.00;
E. The liability insurance policies required by this Section shall be maintained by
the Lessee throughout the term of the Lease, and such other period of time during which the Lessee
is operating without a Lease hereunder, or is engaged in the removal of its telecommunications
facilities. The Lessee shall provide an insurance certificate, together with a endorsement designating
the City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insured, to the City prior to the commencement
of any work or installation of any facilities pursuant to said Lease. Any deductibles or self-insured
retentions must be declared to and approved by the City. Payment of deductibles and self-insured
retentions shall be the sole responsibility of the Lessee. The Lessee's insurance shall be primary
insurance as respects the City, its officers, officials, employees, agents, consultants, and volunteers.
Any insurance maintained by the City, its officers, officials, employees, consultants, agents, and
volunteers shall be in excess of the Lessee's insurance and shall not contribute with it. The City
shall be provided thirty (30) days advance notice of cancellation of any coverages required in 30.A.
above;
F. Within thirty (30) days after receipt by the City of said notice, and in no event
later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall obtain
and furnish to the City replacement insurance policies meeting the requirements of this Section.
31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against the
City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and elected
officers, employees, agents and volunteers from and against any and all liability, loss, costs, damage,
and expense, including costs and attorney fees in defense thereof, and including claims by the
Lessee's own employees to which the Lessee might otherwise be immune under Title 51 RCW,
because of actions, claims or lawsuits for damages resulting from personal or bodily injury, including
death at any time resulting therefrom, sustained or alleged to have been sustained by any person or
persons, and on account of damage to property, arising or alleged to have arisen directly or indirectly
out of or in consequence of the performance of this Agreement, whether such injuries to persons or
damage to property is due to the negligence of the Lessee, its agents, employees, representatives or
assigns. This provision shall be inapplicable to the extent such damage or injury is judicially found
to be caused by the sole negligence of the City. This provision waiving immunity for claims arising
out of Title 51 RCW was specifically negotiated by the parties.
Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of-way,
easements, and property from activities conducted by the City, its officers, employees, agents, and
volunteers. The Lessee releases and waives any and all claims against the City, its officers,
employees, agents, and volunteers for damage to or destruction of the Lessee's facilities except to the
extent any such damage or destruction is caused by the willful and malicious action of the City, its
officers, employees, agents, or volunteers.
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32. CONSTRUCTION AND Co.MPLETION BOND. A performance bond written by
a corporate surety acceptable to the City equal to at least 100% of the estimated cost of constructing
the Lessee's telecommunications facilities within the public ways of the City or upon City propelty
shall be deposited in the event construction is commenced.
A. Except as provided below, the construction bond shall remain in force until 60
days after substantial completion of the work, as determined by the City, including restoration of
public ways and other property affected by the construction.
B. The construction bond shall guarantee, to the satisfaction of the City:
(1) Timely completion of construction;
(2) Construction in compliance with applicable plans, permits, technical
codes, and standards;
(3) Proper location of the facilities as approved by the City;
(4) Restoration of the public ways and other public or private property
disrupted, damaged, or otherwise affected by the construction. The
construction bond shall warrant said restoration work for a period of 1
year;
(5) The submission of · as-built' drawings after completion of the work as
required by this Chapter; and
(6) Timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a Lease
may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease, merger,
consolidation or other act of the Lessee, by operation of law or otherwise, without the prior written
consent of the City, which consent shall not be unreasonably withheld or delayed, except as
expressed by ordinance and then only on such reasonable conditions as may be prescribed therein.
A. No Lease shall be assigned or transferred in any manner within twelve (12)
months after the initial grant of the Lease, unless otherwise provided.
B. Absent extraordinary and unforeseeable circumstances, system or integral part
of a system shall be assigned or transferred before construction of the telecommunications facility
has been completed.
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C. The Lessee and the proposed assignee or transferee of the system shall provide
and certify the following information to the City not less than sixty (60) days prior to the proposed
date of transfer:
(1) Complete information setting forth the nature, terms and condition of
the proposed transfer or assignment;
(2) All information required of a lease applicant with respect to the
proposed transferee or assignee;
(3) Any other information reasonably required by the City; and
(4) An application fee.
D. No transfer shall be approved unless the assignee or transferee has the legal,
technical, financial, and other requisite qualifications to own, hold and operate the
telecommunications facility pursuant to this Lease.
E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City
for all direct and indirect costs and expenses reasonably incurred by the City in considering a request
to transfer or assign this Lease. No approval shall be deemed approved until all such costs and
expenses have been paid.
F. Any transfer or assignment of the lease, system, or integral part of a system
without prior written approval of the City under this Section or pursuant to the Lease shall be void
and is cause for revocation of the lease.
G. Lessee shall make no assignment or transfer of this Agreement without
obtaining the written consent of Lessor, which consent shall not be unreasonably withheld.
Notwithstanding anything to the contrary herein, Lessee may assign this Agreement to any entity
which controls, is controlled by or is under common control with Lessee, or to its parent company,
any subsidiary or affiliate of it or its parent company or to any successor-in-interest or entity
acquiring fifty-one percent (51 %) or more of its stock or assets. Any other assignment than that
above shall require the City's prior written consent.
34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Approval shall not be
required for mortgaging purposes or if said transfer is from the Lessee to another person or entity
controlling, controlled by, or under common control with the Lessee.
35. REVOCA TION OR TERMINATION OF LEASE. The Lease granted by the City
to use or occupy public ways of the City or City property may be terminated for the following
reasons:
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A. Lessee's construction or operation in the City or in the public ways of the City
or upon City property without proper City authorization;
B. Lessee's construction or operation at an unauthorized location;
C. Unauthorized substantial transfer of control of the Lessee;
D. Unauthorized assignment of Lease;
E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a
substantial interest therein;
F. Misrepresentation by or on behalf of the Lessee in any application or written
statement upon which the City relies in making the decision to grant, review or amend said Lease;
G.
City property;
Abandonment of telecommunications facilities in the public ways or upon
H.
Failure to relocate or remove facilities as required in this Lease;
I.
Failure to pay taxes, compensation, fees or costs when and as due the City;
J.
Insolvency or bankruptcy of the Lessee;
K.
Failure to construct or operate in accordance with approved permits; and
L.
Violation of any material provision or term of this lease.
36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or
defaults under the provisions of the Lease, the Lessee shall be given written notice of the apparent
violation, default or non-compliance, providing a short and concise statement of the nature and
general facts of the violation, default or non-compliance, and providing the Lessee a reasonable
period of time not exceeding 30 days to cure the violation.
37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the
City Council determines that a Lessee willfully violated or failed to comply with any of the
provisions of this Lease after notice is given the Lessee by the City under the provisions of this
Lease, then the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or
annulled by the City. The City may elect, in lieu of the above and without any prejudice to any of its
other legal rights and remedies, to pursue other remedies and to recover damages and costs incurred
by the City by reason of the Lessee's failure to comply.
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38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at least
24 hours prior to entering private property or streets or public easements adjacent to or on such
private property to perform permitted new construction or reconstruction, a notice indicating the
nature and location of the work to be pelformed shall be physically posted, at no expense to the City,
upon the affected property by the Lessee. A door hanger may be used to comply with the notice and '
posting requirements of this Section. The Lessee shall make a good faith effort to comply with the
property owner/resident's preferences, if any, on location or placement of underground installations
(excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound
engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to
unlawfully enter or construct improvements upon the property or premises of another.
39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal,
state, and local safety requirements shall, at all times, employ ordinary care and shall install and
maintain and use commonly accepted methods and devices for preventing failures and accidents
which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and
all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and
public ways or places of a Lease area, wherever situated or located, shall at all times be kept and
maintained in a safe, suitable condition, and in good order and repair. The City reserves the general
right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe
condition. If a violation of the National Electrical Safety Code or other applicable regulation is
found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time
for the Lessee to make necessary repairs. If the repairs are not made within the established time
frame, the City may make the repairs itself or have them made and collect all reasonable costs
thereof from the Lessee.
40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City
as a result of work done by or on behalf of user and shall indemnify and hold the City harmless
against any and all expenses, including reasonable attorney's fees and court costs in connection with
any such lien.
41. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B. The substantially prevailing party in any litigation arising hereunder shall be
entitled to its reasonable attorney's fees and court costs, including appeals, if any.
C. Each party agrees to furnish the other, within ten (10) days after request, such
truthful estoppel information as the other may reasonably request.
LEASE AGREEMENT - 15
Sprint Site ID #SE63XC400
D. This Lease constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations and other agreements. There are no representations or
understandings of any kind not set forth herein. Any amendments to said Lease must be in writing
and executed by both parties.
E. If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker.
F. If any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect.
G. Any notice or demand required to be given herein shall be made by certified or
registered mail, return receipt requested, to the address of the respective parties set forth below:
LESSOR:
City of Bremerton
Attn: Public Works & Utilities
Administrative Manager
3027 Olympus Drive
Bremerton, W A 98310-4799
LESSEE:
Sprint Nextel Property Services
Mailstop: KSOPHTO 10 l-Z2650
6391 Sprint Parkway
Overland Park, KS 66251-2650
With a copy to:
Sprint Nextel Law Department
Mailstop: KSOPHT0101-Z2020
6391 Sprint Parkway
Overland Park, KS 66251-Z2020
Attn: Real Estate Attorney
The individuals identified in this paragraph shall be the specific point of contact for each party
regarding all topics. Any change to this point of contact shall be delivered to the other party in
writing by certified or registered mail, return receipt requested. All payments will be sent to the
above address.
42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection Regulations
and Fire Precaution Levels (IFPLs) are observed during closed season (April 15 - October 15).
Lessee shall be responsible for checking IFPLs and keeping activities within those allowed for a
specific IFPL. Washington State Department of Natural Resources regulates forest land activities
and provides daily IFPLs vial telephone and the internet.
LEASE AGREEMENT - 16
Sprint Site ID #SE63XC400
43. NONDISCRIMINA TION. Lessee shall not discriminate in employment or services
to the public on the basis of race, color, national origin, sex, religion, age, marital status or disability,
except employment actions based on a bona fide occupational qualification.
LESSEE
Date:
By: John Beaudoin
Its: Manager, Contract Negotiations
CITY OF BREl\1ERTON
Date:
CARY BOZEMAN, Mayor
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
II
II
LEASE AGREEMENT - 17
Sprint Site ill #SE63XC400
State of
County of
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ss.
On this day of ,2007, personally appeared John Beaudoin to
me known to be the Manager, Contract Negotiations of the Sprint Spectrum Realty Company,
L.P., a Delaware limited partnership, that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said limited
partnership, for the uses and purposes therein mentioned, and on oath stated that he/she was
authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of
Residing at
My commission expires:
State of Washington
)
)
)
ss.
County of Kitsap
On this day of , 20_, personally appeared Cary Bozeman
to me known to be the Mayor of the City of Bremerton, a municipal corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that he was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of Washington
Residing at
My commission expires:
RECEIVED FOR FILING:
CAROL ETGEN, City Clerk
R: \LEGAL\Contracts\FORMS\ Telecommun ication Facil ities Lease. form. doc
LEASE AGREEMENT - 18
Sprint Site ID #SE63XC400
Schedule A
Premises
See Attached
LEASE AGREEMENT - 19
Sprint Site ID #SE63XC400
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DATE SUBMITTED: November 2,2007
BILL #
07 - ;;2 07
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
~f
........................................................................................
SUBJECT: Lease Agreement Modification
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
November 14, 2007
November 28, 2007
Pub Wks & Utilitie~
P. R. Lucas G"? _~"-........
473-2328
SUMMARY: The City and Seattle SMSA Limited Partnership d/b/a Verizon entered into a five year
lease agreement effective August 1,2004 and expiring July 31,2009. There was no provision in this
lease for any renewal terms similar to the other lease the City has with Seattle SMSA Limited. They
are requesting that Section 12 of the current lease be modified to read as stated on the attachment to
this Agenda Bill. This will allow both of theirs to read the same with regard to renewal terms. The
City has the right to negotiate new rental fees at the end of each five-year term. They currently pay
the City $993.04 per month with an additional $1404.77 per month paid to the City for co-locates on
their tower. Section 5 is also being amended per recommendation of the City Attorney to clarify the
initial term of the lease so as not to be confused with the renewal change.
A TT ACHMENTS: Amended Sections 5 and 12 of the current Lease Agreement
And the Current Lease Agreement.
FISCAL IMPACTS (Include Budgeted Amount): None.
APPROVALS: /</"''''''y' I A
DEPARTMENT DIRECTOR: (i... >;:;'f:~ ,. r1 .r u
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
------
COMMITTEE CHAIR
COUNCIL PRESIDENT:
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CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: That the City Council approve the amendments to sections 5 and 12
of the lease with Seattle SMSA Limited Partnership d/b/a Verizon Wireless allowing for renewal of
two five (5) year terms and clarifying the initial term of the lease.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
TELECOMMUNICATION S FACILITIES
LEASE AGREEMENT
AMENDMENT
The lease agreement entered into between the City of Bremerton and Seattle
SMSA Limited Partnership d/b/a Verizon Wireless effective August 1, 2004 and
expiring July 31,2009 is modified as follows:
5. TERM OF LEASE. The initial term of the lease shall be valid for a term of five
(5) year(s) commencing August 1,2004 and terminating July 31, 2009.
12. RENEWAL APPLICATION. Lessee shall have the right and option to renew this
lease for two (2) additional five (5) year renewal terms. If Lessee desires to renew its lease
under this Article it shall, not more than one hundred twenty (120) days nor less than sixty (60)
days before expiration of the current Lease, notify the City of its intent to renew the lease. Upon
receiving such notification, the City may request the following information if necessary:
A. Any additional information required based upon elements of the current Lease
Agreement between the City and the Lessee; and
B. All deposits or charges required pursuant to City ordinances.
C. (Intentionallv deleted).
The City reserves the right to extend the review period for the renewal application if
additional information is required. Should all parties not agree to renewal terms. the current
Lease may be extended on a month-to-month basis at the sole discretion of the City.
CITY OF BREMER TON
LESSEE
CARY BOZEMAN, Mayor
APPROVED AS TO FORM:
Craig L. Frost
Executive Director-Area Network Planning, as
Delegate for Richard J. Lynch-Executive Vice
President and Chief Technical Officer
ROGER A. LUBOVICH, City Attorney
ORIGINAL
TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a
municipal corporation duly organized and existing under the laws ofthe State of Washington, as
Lessor (hereinafter referred to as "City") and Seattle SMSA Limited Partnership d/b/a Verizon
Wireless (hereinafter referred to as "Lessee").
WIT N E SSE T H:
1. PREMISES. The City leases to the Lessee real property located at Alexander
Lake for housing, installing, constructing, operating and maintaining certain telecommunications
facilities, legally described and/or depicted in Schedule A attached hereto and incorporated
herein ("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations,
terms and conditions specified in this Telecommunications Facilities Lease Agreement
(hereinafter referred to as "Lease").
2. DEFINITIONS. For the purpose ofthis Lease, and the interpretation and
enforcement thereof, the following words and phrases shall have the following meanings:
"Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and individuals and
includes their lessors, trustees and receivers;
"Public street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,
dedicated or devoted to highway purposes, including forest access roads;
"Public way" means and includes all public streets and utility ease~ents, as those terms
are defmed herein, now or hereafter owned by the City, but only to the extent ofthe City's right,
title, interest or authority to grant a permit or lease to occupy and use such streets and easements
for telecommunications facilities;
"Telecommunications carrier" means and includes every person that directly or
indirectly owns, controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering telecommunications service;
"Telecommunications facilities" means the plant, equipment and property, including but
not limited to, cables, wires, conduits, ducts, pedestals, antennae, towers, electronics, equipment
storage structures and other appurtenances used or to be used to transmit, receive, distribute,
provide, house or offer telecommunications services;
LEASE AGREEMENT - 1
BRE WEST BREMERTON
"Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control ofthe facilities;
"Telecommunications service" means the providing or offering for rent, sale or lease, or
in exchange for other value received, of the transmittal of voice, data, image, graphic and video
programming information between or among points by wire, cable, fiber optics, laser,
microwave, radio, satellite or similar facilities, with or without benefit of any closed transmission
medium.
"Utility easement" means any easement owned by the City and acquired, established,
dedicated or devoted for public utility purposes not inconsistent with telecommunications
facilities.
3. USES AND PURPOSES. Lessee shall have the use and occupancy of the
Premises for the purpose of transmission and reception of telecommunication and signals in any
and all frequencies using real property and telecommunications facilities approved in Schedule
A. Lessee shall be responsible for adherence to all federal, state and local regulations pertaining
to the operation of a communications facility.
Lessee shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A after obtaining
required permits and as approved by City on the Site Plan.
City shall provide Lessee access to the Premises at all times on a twenty four hour a day,
seven day a week basis, adequate to service the Premises and the telecommunication facilities at
all times during this Lease. Lessee agrees to provide the City with a scheduling outlining the
frequency of required visits (e.g., quarterly maintenance check, monthly site cleanup, etc.)
Lessee shall provide the City with a list of all authorized individuals who will have access
to the Premises. Notification of changes to the list shall be provided to the City within 24 hours
by telephone or fax from the point of contact identified in Section 41(G), which notice shall be
followed by written notification pursuant to Section 41(G). Lessee shall be responsible for
conducting appropriate background checks of all of their employees.
Employees visiting the Premises shall be clearly identifiable as employees of the Lessee
either by uniform identification badge or marked company vehicle.
4. NON-EXCLUSIVE LEASE. Subject to the provisions of Section 7 herein, this
Lease is nonexclusive and does not preclude the City from granting a similar lease, right, license,
franchise, etc. to other carriers, providers or other persons for telecommunications or any other
purpose.
LEASE AGREEMENT - 2
5. TERM OF LEASE. This Lease shall be valid for a term of five year(s)
commencing August 1, 2004 and tenninating July 31, 2009.
6. [Intentionally Deleted]
7. INTERFERENCE \VITH OTHER USERS. The Lessee acknowledges that the
City may enter into leases with other tenants for their equipment and telecommunications
facilities for the purposes of transmitting and receiving telecommunication signals from City
property. The City, however, is not in any way responsible or liable for any interference with
Lessee's use of the City property which may be caused by the use and operation of any other
tenant's equipment, even if caused by new technology. In the event that any other tenant's
activities interfere with the Lessee's use ofthe City property, and such use or operation was not
in existence on the date of execution of this Lease, and the Lessee cannot resolve this
interference with the other tenants, the City will, upon written request by Lessee, cause such
interfering use to cease. Lessee understands that if its use interferes with the then-existing
equipment of a prior tenant, and the interference problem cannot be cured, this Lease may be
terminated by the City pursuant to Sections 35 and 36. The Lessee shall cooperate with all other
tenants to identify the causes of and work towards the resolution of any electronic interference
problem. In addition, the Lessee agrees to eliminate any radio or television interference caused
to City-owned facilities or surrounding residences at Lessee's own expense and without
installation of extra filters on City-owned equipment. Lessee further agrees to accept such
interference as may be received from City operated telecommunications in existence as of the
Agreement's commencement crate, or other City facilities located upon the City property subject
to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section
lOB.
8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All landscaping
and all other improvements, except telecommunications facility, shall become the property of the
City upon expiration or termination of the Lease. In the event that the City requires removal of
such improvements after termination of the Lease, such removal shall be accomplished at the
sole expense of the Lessee and completed within 30 days after receiving notice from the City
requiring removal of the improvements. Additional time may be granted upon the discretion of
the City which approval shall not be unreasonably withheld. In the event that
telecommunications facilities or other equipment are left upon City property after expiration or
termination of the lease, they shall, at the City's option, ifnot removed by the Lessee upon 30
days written notice from the City, be removed and stored at the expense of Lessee. Stored
telecommunications facilities that are not claimed by the Lessee within six (6) months from
termination of the Lease shall become the property of the City.
9. CANCELLATION OF LEASE BY LESSEE.
A. All Leases are contingent upon the Lessee obtaining all necessary permits,
approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain
LEASE AGREEMENT - 3
all such pennits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in
any rents paid, without further obligation by giving 30 days prior written notice to the City.
Lessee agrees to restore City property to original condition if cancellation is requested.
B. In the event that the holder of a Lease determines that the City property is
unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180
days written notice to the City. However, no prepaid rent shall be refundable; except in the event
any changes occur with respect to the City's use of the property subsequent to the effective date
of this Lease (including but not limited to additional Lessees as permitted by the City) and such
changes result in the property becoming unsuitable for Lessee's intended purpose.
10. COMPENSATION TO THE CITY.
A. Starting on the Commencement Date and on the first day of each month
thereafter during the term of the Lease, Lessee shall pay rent at a rate of Nine Hundred Dollars
($900.00) per month, prorated for any partial months. Substantial expansion of the initial
configuration contained in Schedule A will result in review and possible re-negotiation of the
rental rate contained herein.
At the beginning of each successive year thereafter, the monthly rent shall automatically
be adjusted based upon the CPI for all urban consumers, Seattle-Tacoma index (1982-84= 100) as
published by the Bureau of Labor Statistics for the last month for which statistics are posted prior
to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual
rent increase by more than five (5) percent per year above the annual rent for the preceding year.
Any payments received after the due date shall include a late payment penalty of 2% of
the annual rental fee for each day or part thereof past the due date.
B. Additional Consideration. City shall be allowed, at City's sole expense, to
attach City's communication antennas to Lessee's telecommunications tower provided City first
obtains Lessee's prior written consent for such attachments. Such consent shall not be
unreasonably withheld. Lessee's approval for said attachments shall be contingent upon
determining whether Lessee's tower is properly engineered to accommodate City's antenna
system and such transmission shall not result in any impairment or diminution in the quality of
Lessee's service. Further, said approval shall be given only after Lessee has reviewed and
approved City's engineering plans for said antenna attachments in a location specified by Lessee.
Approval shall not be unreasonably withheld. Upon written approval by Lessee, said
attachments shall be installed by qualified licensed contractors and in accordance with Lessee's
directives for the method of installment and with permits issued by all applicable governmental
authorities having jurisdiction which shall first be obtained by City at its sole expense. City
acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s)
to accommodate modifications required for Lessee's future system requirements, provided such
relocation shall provide equivalent quality of service after such relocation.
LEASE AGREEMENT - 4
C. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee
rent for co-location on Lessee's tower.
11. AlVIENDMENT OF LEASE. Except as provided within the existing Lease, a
new lease application and Lease shall be required of any telecommunications carrier or other
entity that desires to expand, modify, or relocate its telecommunications facilities or other
equipment located upon City property. If ordered by the City to locate or relocate its
telecommunications facilities or other equipment on the City property, the City shall grant a lease
amendment without further application.
12. RENE\V AL APPLICATION. A Lessee that desires to renew its Lease under
this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days
before expiration of the current Lease, file an application with the City for renewal of its Lease
which shall include the following:
A. Any additional information required based upon elements of the current
Lease agreement between the City and the Lessee;
B. All deposits or charges required pursuant to City ordinances;
C. A non-refundable application fee in the amount of Five Hundred and
Noll 00 Dollars ($500.00).
The City reserves the right to extend the review period for the renewal application if
additional information is required.
13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the
Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has
been approved by the City.
14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to
substantially expand the initial configuration contained in Schedule A, Lessee will submit a new
application to the City.
15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
rights hereunder are subj ect to the legitimate rights of the po lice power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
LEASE AGREEMENT - 5
16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate
or maintain its telecommunications facilities so as to unreasonably interfere with the use of the
public ways by the City, by the general public or by other persons authorized to use or be present
in or upon the public ways. All such facilities which interfere with public ways shall be moved
by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public
Works and Utilities Director.
17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required
under the circumstances, provided the Lessee shall notify the City as promptly as reasonably
possible, before such repair or emergency work commences or as soon thereafter as possible if
advance notice is not practicable.
18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal,
state and local requirements. Lessee shall not permit waste, damage, or injury to the premises
including any City property, public ways of the City, other ways or other property, whether
publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any
chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site
access to City. City shall have the exclusive right to inspect the Lessee's telecommunications
facilities and equipment at any time during the term ofthis Lease to ensure compliance with the
terms and conditions herein; Provided, however, Lessee has the right to be present at all
inspections of Lessee's telecommunications facilities and equipment, and City shall give Lessee
at least 72 hours prior notice of such intent.
19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well
as current signage on telecommunication facilities identifying Lessee, address and a 24 hour
phone number. Signage shall be posted and clearly visible at all times.
20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred
eighty (180) days following written notice from the City, the Lessee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position of any
telecommunications facilities within the public ways or upon City property whenever the City
Public Works & Utilities Director shall have determined that such removal, relocation, change or
alteration is reasonable necessary for:
A. The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways; and
public ways.
B. The operations of the City or other governmental entity in or upon the
LEASE AGREEMENT - 6
Additional time for removal or relocation may be granted at the discretion of the City
which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon
request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by
the City.
21. REJ:\tlOV AL OF UNAUTHORIZED FACILITIES. Within sixty (60) days
following written notice from the City, Lessee or any person who owns, controls or maintains on
behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances
within the public ways or real property of the City shall, at its own expense, remove such
facilities or appurtenances from the public ways or property of the City. A telecommunications
system or facility is unauthorized and subject to removal in the following circumstances:
A. Upon expiration or termination of the Lessee's Lease without approved
extension or renewal;
B. Upon abandonment of a facility within the public ways or real property of
the City. Any property of a Lessee shall be deemed abandoned if left in place 60 days after
expiration or termination of the Lease;
of a Lease;
c. If the system or facility was constructed or installed without the prior grant
D. If the system or facility was constructed or installed without the prior
issuance of a required City permits; and
E. If the system or facility was constructed or installed at a location not
permitted by the Lease.
Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways
or property of the City to abandon such facilities in place. No facilities of any type may be
abandoned in place without the express written consent of the City. Any plan for abandonment
or removal of a Lessee's facilities must be first approved by the Public Works and Utilities
Director, and all necessary permits must be obtained prior to such work. Upon authorized
permanent abandonment ofthe property of such persons in place, the property shall become that
of the City, and such persons shall submit to the City an instrument in writing, to be approved by
the City Attorney, transferring to the City the ownership of such property in which event, Lessee
shall have no further obligations or liability with respect to such property or facilities. The
provisions ofthis Section shall survive the expiration, revocation, or termination of the Lease
granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such
facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and
all costs incurred by the City for facilities removal.
LEASE AGREEMENT - 7
22. EMERGENCY RKMOV AL OR RELOCATION OF FACILITIES. The City
retains the right and privilege to cut or move any telecommunications facilities located within the
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result ofthe City's actions under this
Section.
23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the
negligence or willful, intentional or malicious acts by the City not otherwise authorized herein,
the City shall not be liable for any damage to or loss of any telecommunications facility upon
City property or within the public ways of the City as a result of or in connection with any public
works, public improvements, construction, excavation, grading, filling, or work of any kind on
such City property or within the public ways by or on behalf of the City.
24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A. When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or City property, .or when Lessee, or any person acting on
its behalf damages any public ways, other ways or City property, it shall, at its own expense,
promptly remove any obstructions therefrom and restore such ways or property to City
construction standards as adopted before th~ work was undertaken, unless otherwise directed by
the City. Lessee shall obtain all requisite permits for such work.
B. If weather or other conditions do not permit the complete restoration
required by this Section, the Lessee shall temporarily restore the affected ways or property. Such
temporary restoration shall be at the Lessee's sole expense and the Lessee shall promptly
undertake and complete the required permanent restoration when the weather or other conditions
no longer prevent such permanent restoration.
C. The Lessee or other person acting in its behalf shall use suitable
barricades, flags, flagmen, lights, flares and other measures as required for the safety of all
members of the general public and to prevent injury or damage to any person, vehicle or property
by reason of such work in or affecting such ways or property.
D. The Public Works and Utilities Director shall be responsible for inspection
and final approval of the condition of the public ways, other ways, and City property following
any construction and restoration activities therein. Further, the provisions of this Section shall
survive the expiration, revocation, or termination of this Lease.
LEASE AGREEMENT - 8
25. FACILITIES MAPS. TheLessec shall provide the City with a map or maps
accurately reflecting the horizontal and vertical location and configuration of all of its
telecommunications facilities within the public ways and upon City property. The Lessee shall
provide the City with updated maps upon request by the City.
26. BOOKS, RECORDS AND MAPS. All books, records, maps and other
documents, maintained by the Lessee with respect to its telecommunications facilities within the
public ways and upon City property shall be made available for inspection by the City at
reasonable times and intervals; Provided, however, that nothing in this Section shall be construed
to require the Lessee to violate state or federal law regarding subscriber privacy, nor shall this
Section be construed to require the Lessee to disclose proprietary or confidential information
without adequate safeguards for its confidential or proprietary nature.
27. LEASED CAPACITY AND CO-LOCATION. Lessee shall have the right,
with prior City approval, to sublet the premises consistent with this Lease; provided:
A. The Lessee shall furnish the City with a copy of any such proposed lease
or agreement between the Lessee and its sub-lessee;
B. The sub-lessee has complied, to the extent applicable, with the
requirements contained in this Lease;
property;
C. The Lessee owns and/or controls the tower facility located on City
D. The City and Lessee shall agree upon additional rental fee for sub-lessee
hook-ups pursuant to Section 11.
The City encourages co-location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub-leases.
28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall
cooperate with Lessee in obtaining utility service.
29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property, excise leasehold, business and occupation,
and/or other taxes or licenses which may in the future be assessed as a direct result of the
Lessee's operations at the telecommunications facilities described herein.
30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain
the following liability insurance policies insuring both the Lessee and the City, and its eleCted
LEASE AGREEMENT - 9
and appointed officers, officials, agents, employees, representatives, engineers, consultants, and
volunteers against claims for injuries to persons or damages to property which may arise from or
in connection with the exercise ofthe rights, privileges, and authority granted to the Lessee:
A. Comprehensive general liability insurance, written on an occurrence basis,
with limits not less than:
(1)
and property damage;
$2,000,000.00 combined single limit coverage for bodily injury
(2) Comprehensive form premises-operations, explosions and collapse
hazard, underground hazard and products completed hazard with limits of not less than
$2,000,000.00.
B. Automobile liability for owned, non-owned and hired vehicles with a
minimum limit of $2,000,000.00 for each accident;
c. Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.00;
D. The liability insurance policies required by this Section shall be
maintained by the Lessee throughout the term of the Lease, and such other period of time during
which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its
telecommunications facilities. The Lessee shall provide an insurance certificate designating the
City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insureds, to the City prior to the
commencement of any work or installation of any facilities pursuant to said Lease. Any
deductibles or self-insured retentions must be declared to and approved by the City. Payment of
deductibles and self-insured retentions shall be the sole responsibility of the Lessee. The
Lessee's insurance shall be primary insurance as respects the operations of Lessee. Any
insurance maintained by the City, its officers, officials, employees, consultants, agents, and
volunteers shall be in excess of the Lessee's insurance and shall not contribute with it in this
regard. The City shall be provided thirty (30) days advance notice of cancellation of any
coverages required in 30.A. above; .
E. Within thirty (30) days after receipt by the City of said notice, and in no
event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall
obtain and furnish to the City replacement insurance certificates meeting the requirements of this
Section.
31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against
the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and
LEASE AGREEMENT - 10
elected officers, employees, agents and volunteers from and against any and all liability, loss,
costs, damage, and expense, including costs and attomey fees in defense thereof, and including
claims by the Lessee's own employees to which the Lessee might otherwise be immune under
Title 51 RCvV, because of actions, claims or lawsuits for damages resulting from personal or
bodily injury, including death at any time resulting therefrom, sustained or alleged to have been
sustained by any person or persons, and on account of damage to property, arising or alleged to
have arisen directly or indirectly out of or in consequence of the performance of this Agreement,
whether such injuries to persons or damage to property is due to the negligence ofthe Lessee, its
agents, employees, representatives or assigns. This provision shall be inapplicable to the extent
such damage or injury is judicially found to be caused by the sole negligence of the City. This
provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated
by the parties.
Lessee assumes the risk of damage to its facilities located in the City's public ways, rights-of-
way, easements, and property from activities conducted by the City, its officers, employees,
agents, and volunteers. The Lessee releases and waives any and all claims against the City, its
officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities
except to the extent any such damage or destruction is caused by the willful and malicious action
of the City, its officers, employees, agents, or volunteers.
32. CONSTRUCTION AND COMPLETION BOND. A performance bond written
by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of
constructing the Lessee's telecommunications facilities within the public ways of the City or
upon City property shall be deposited in the event construction is commenced.
A. Except as provided below, the construction bond shall remain in force
until 60 days after substantial completion of the work, as determined by the City, including
restoration of public ways and other property affected by the construction.
B. The construction bond shall guarantee, to the satisfaction of the City:
(1) Timely completion of construction;
(2) Construction in compliance with applicable plans, permits,
technical codes, and standards;
(3) Proper location of the facilities as approved by the City;
(4) Restoration of the public ways and other public or private property
disrupted, damaged, or otherwise affected by the construction. The
construction bond shall warrant said restoration work for a period
of 1 year;
LEASE AGREEMENT - 11
(5) The submission of' as-built' drawings after completion of the work
as required by this.Chapter; and
(6) Timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a
Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease,
merger, consolidation or other act of the Lessee, by operation oflaw or otherwise, without the
prior written consent of the City, which consent shall not be unreasonably withheld or delayed,
except as expressed by ordinance and then only on such reasonable conditions as may be
prescribed therein.
. A. No Lease shall be assigned or transferred in any manner within twelve (12)
months after the initial grant of the Lease, unless otherwise provided.
B. Absent extraordinary and unforeseeable circumstances,';'~tem or integral
part of a system shall be assigned or transferred before construction of the tel~ommunications
facility has been completed.
c. The Lessee and the proposed assignee or transferee of the system shall
provide and certify the following information to the City not less than sixty (60) days prior to the
proposed date of transfer:
(1) Complete information setting forth the nature, terms and condition
of the proposed transfer or assignment;
(2) Any other information reasonably required by the City; ,.,
D. No transfer shall be approved unless the assignee or transferee has the
legal, technical, financial, and other requisite qualifications to own, hold and operate the
telecommunications facility pursuant to this Lease.
E. Unless otherwise provided in this Lease, the Lessee shall reimburse the
City for all direct and indirect costs and expenses reasonably incurred by the City in considering
a request to transfer or assign this Lease. No approval shall be deemed approved until all such
costs and expenses have been paid.
F. Any transfer or assignment of the lease, system, or integral part of a
system without prior written approval of the City under this Section or pursuant to the Lease shall
be void and is cause for revocation of the lease.
LEASE AGREEMENT - 12
G. Lessee shall make no assignment or transfer of this Agreement without
obtaining the written consent of Lessor, which consent shall not be unreasonably withheld.
H. Notwithstanding anything to the contrary herein, the City's approval
and/or consent shall not be required for an assignment of the Agreement from the Lessee to
another person or entity controlling, controlled by, or under common control with the Lessee.
34. [Intentionally Deleted)
35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the
City to use or occupy public ways of the City or City property may be terminated for the
following reasons:
A. Lessee's construction or operation in the City or in the public ways of the
City or upon City property without proper City authorization;
B. Lessee's construction or operation at an unauthorized location;
C. Unauthorized substantial transfer of control of the Lessee;
D. Unauthorized assignment of Lease;
E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a
substantial interest therein;
F. Misrepresentation by or on behalf ofthe Lessee in any application or
written statement upon which the City relies in making the decision to grant, review or amend
said Lease;
G.
City property;
Abandonment of telecommunications facilities in the public ways or upon
H.
Failure to relocate or remove facilities as required in this Lease;
I.
Failure to pay taxes, compensation, fees or costs when and as due the City;
J.
Insolvency or bankruptcy of the Lessee;
K.
Failure to construct or operate in accordance with approved permits; and
L.
Violation of any material provision or term of this lease.
LEASE AGREEMENT - 13
36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or
defaults under the provisions of the Lease, the Lessee shall be given written notice of the
apparent violation, default or non-compliance, providing a short and concise statement ofthe
nature and general facts of the violation, default or non-compliance, and providing the Lessee a
reasonable period of time not exceeding 90 days to cure the violation.
37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. Ifthe City
Council determines that a Lessee willfully violated or failed to comply with any of the provisions
of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then
the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled
by the City. The City may elect, in lieu of the above and without any prejudice to any of its other
legal rights and remedies, to pursue other remedies and to recover damages and costs incurred by
the City by reason of the Lessee's failure to comply.
38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at
least 24 hours prior to entering private property or streets or public easements adjacent to or on
such private property to perform permitted new construction or reconstruction, a notice
indicating the nature and location of the work to be performed shall be physically posted, at no
expense to the City, upon the affected property by the Lessee. A door hanger may be used to
comply with the notice and posting requirements ofthis Section. The Lessee shall make a good
faith effort to comply with the property owner/resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles and
existing cable paths), consistent with sound engineering practices. Provided, however, that
nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon
the property or premises of another.
39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable
federal, state, and local safety requirements shall, at all times, employ ordinary care and shall
install and maintain and use commonly accepted methods and devices for preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All
structures and all lines, equipment and connections in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall at
all times be kept and maintained in a safe, suitable condition, and in good order and repair. The
City reserves the general right to see that the telecommunications facility ofthe Lessee is
constructed and maintained in a safe condition. Ifa violation of the National Electrical Safety
Code or other applicable regulation is found to exist by the City, the City will, after discussions
with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the
repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from the Lessee.
LEASE AGREEMENT - 14
40. LIENS. Lessee shall not pennit any lien to be imposed upon the property of the
City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
41. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B. The substantially prevailing party in any litigation arising hereunder shall
be entitled to its reasonable attorney's fees and court costs, including appeals, if any.
c. Each party agrees to furnish the other, within thirty (30) days after request,
such truthful estoppel information as the other may reasonably request.
D. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
representations or understandings of any kind not set forth herein. Any amendments to said
Lease must be in writing and executed by both parties.
E. If either party is represented by a real estate broker in this transaction, that
party shall be fully responsible for any fee due such broker.
F. If any term of this Lease is found to be void or invalid, such invalidity
shall not affect the remaining terms of this Lease, which shall continue in full force and effect.
G. Any notice or demand required to be given herein shall be made by
certified or registered mail, return receipt requested, to the address of the respective parties set
forth below:
LESSOR:
City ofBremerton
Attn: Public Works & Utilities
Administrative Manager
3027 Olympus Drive
Bremerton, W A 98310-4799
LESSEE:
Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
Attn: Network Real Estate
180 Washington Valley Road
Bedminster NJ, 07921
The individuals identified in this paragraph shall be the specific point of contact for each party
regarding all topics. Any change to this point of contact shall be delivered to the other party in
writing by certified or registered mail, return receipt requested. All payments will be sent to the
City Finance Office at 345 6th Street, Bremerton, W A 98337.
LEASE AGREEMENT - 15
H. The City agrees to execute a Memorandum of this Lease Agreement which
Lessee may record with the appropriate Recording Officer. The date set forth in the Memorandum
of Lease is for recording purposes only and bears no reference to commencement of either term or
rent payments.
42. FIRE PRECAUTIONS. Lessee will ensure that all Forest Protection
Regulations and Fire Precaution Levels (IFPLs) are observed during closed season (April IS _
October 15). Lessee shall be responsible for checking IFPLs and keeping activities within those
allowed for a specific IFPL. Washington State Department of Natural Resources regulates forest
land activities and provides daily IFPLs vial telephone and the internet.
43. NONDISCRIMINATION. Lessee shall not discriminate in employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital status
or disability, except employment actions based on a bona fide occupational qualification.
LESSEE
Date:
1 (U?//
Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
By: Cellco Partnership, its general partner
~~;r
~
Name: Craig L. Frost
Title: Executive Director-Area Network Planning, as delegatee for
Richard 1. Lynch-Executive Vice President and
Chief Technical Officer
By:
Date: 4-- / dl- OS
2!;~
CARY BOZEMAN, Mayor.
APPROVED AS TO FORM:
./------_._--~ ------.-
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R - GER A.[,t:ffiOV;;H:~ Cjt}'-Atto~ey
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LEASE AGREEMENT - 16
ST~ ARIZONA
""
COUNTY O~ARICOP A )
. .on this ~ay of . ' 20----,-: before me, the undersigned, a Notary
PublIc m and for the State--Rf ArIzona, duly commISSIOned and sworn, personally appeared
Robert F. Swaine to me kno to be an authorized representative of Cellco Partnership, general
artner of Seattle SMSA Limite artnershi d/b/a Verizon Wireless the limited partnership that
executed the foregoing instrument, d acknowledged said instrument to be the free and
voluntary act and deed of Cellco Partne i eneral artner of Seattle SMSA Limited
Partnership d/b/a Verizon Wireless" for th~ses and purposes therein mentioned, and on oath
stated that He is authorized to execute the saidm.strument.
)
) SS.
IN WITNESS WHEREOF, I have hereunto set y hand and affixed my official seal the
day and year first above written.
Print or Type Name:
No~a:r Public in and for the State of ~
resIdmg at
My appointment expires:
State of Washington
)
)
)
ss.
County of Kitsap
On this /;1:t;i, day of *...4' ~ J ) , ~5 , personally appeared Cary Bozeman
to me known to be the Mayor 0 the City of Bremerton, a municipal corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that-.pe was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above\vtitfeti;;'\;.,
, .,:{,:> ;, ", " ~"~:' ~, //r.::'1.~~~(.
" "," '). !)
"J,;': ~/ ~, - \\
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" '\, ~:': :Hi:;;;11
f-A1~~~At;r
Notary P lie i and for the S te of Washington
Residing at Cd;. t/ A.-vJ -'..A :t-A-"o, )
My commission expires: ~- /_~-IJft.
LEASE AGREEMENT - 17
RECEIVED FOR FILING:
PAULA JOHNSTON, City Clerk
Memorandum of Land Lease Agreement
ORIGINAL
Grantor: City of Bremerton
Grantee: Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
Legal Description: S29, T24N, RIE, W.M., Kitsap County, State of
Washington
Official legal description as Exhibit "A"
Assessor's Tax Parcel ID#: [~~ai./O(-~-~OOS
Reference # (if applicable): N/ A
LEASE AGREEMENT - 18
MEMORANDUM OF TELECOM"MUNICA nONS FACILITIES LEASE AGREEMENT
THIS MEMORANDUM OF TELECOMMUNICA TrONS FACILITIES LEASE
AGREEMENT evidences that a Land Lease Agreement ("Agreement") was entered into as of
JV{!j ~ , aQ?5,"by and between the City of Bremerton ("Lessor"), and Seattle SMSA
Limited Partnership d/b/a Verizon Wireless ("Lessee"), for certain real property located at S29,
T24N, RIB, W.M., in the County of Kitsap, State of Washington, within the property of Lessor
which is described in Exhibit "A" attached hereto ("Legal Description"), together with a right of
access and to install and maintain utilities, for a term of five (5) years commencing as provided
for in the Agreement.
IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Memorandum of
Telecommunications Facilities Lease Agreement as of the day and year last written below.
:SSOeCio/ofBre
Cary Boz an, Mayor
Date: ~- /.J.- OS-
LESSEE:
Seattle SMSA Limited Partnership d/b/a Verizon Wireless
By: Celleo Partnership, its general partner
By:
4g~
Name: Craig L. Frost
Title: Executive Director-Area Network Planning, as delegatee for
Richard J. Lynch-Executive Vice President and
ChiefTechnical 9ffiyr ./
Date 7(lr;4(
Exhibit "A" - Legal Description
LEASE AGREEMENT - 19
LESSOR ACKNOWLEDGEMENT
State of Washington
)
)
)
ss.
County of Kitsap
On this / ~ day of ~..(.I.J , ~OOS' , personally appeared Cary Bozeman
to me known to be the Mayor of e CIty of Bremerton, a mUnIcIpal corporatIOn, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes therein
mentioned, and on oath stated that she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
UD1t'~(d~,~-
Notary P lie in d for the Sta of Washington
Residing at ~~.A Z-~J
My commission expires: 5-/ S -/) to
, ",'1 "
".' .,.
LEASE AGREEMENT - 20
PARTNERSHIP ACKNOWLEDGMENT
STATE OF ARIZONA )
) SS.
COUNTY OF MARICOPA )
On this <::25 day of Q41.:, , 2005, before me, the undersigned, a Notary
,
Public in and for the State of Arizona, duly commissioned and sworn, personally
appeared Craig L. Frost to me known to be an authorized representative of Cellco
Partnership, General Partner to Seattle SMSA Limited Partnership, d/b/a Verizon
Wireless that executed the foregoing instrument, and acknowledged said instrument to be
the free and voluntary act and deed of Celleo Partnership, General Partner to Seattle
SMSA Limited Partnership, d/b/a Verizon Wireless, for the uses and purposes therein
mentioned, and on oath stated that he/she is authorized to execute the said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official
seal the day and year first above written.
(i)- BietiiI;':JIACli'l6AL
JANET LOESS
- NOTARY PUBLIC-ARIZONA
. MARICOPA COUNTY
'.' My Comm. Expires Dec. 24, 2006
(/:?u~4["'-'.J. Qo..e.-t-
---u . c
Print or Type Name: JANET LOEBS
Notary Public in and for the State of AZ, residing at
MARICOPA COUNTY
My appointment expires: DEe 24, 200il
i"'~',;
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I Memorandum I
OCT
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October 10, 2007
Clf-I ,')
(:Y}tr~ ,>: '
To:
Ken Bagwell, Assistant City Attorney
From:
Paul Lucas, Admin Manager, PW IV
Subj:
CONTRACT MODIFICATION
Ken - The attached sheet is the current contract we have with Verizon/SMSA which expires in
July of 2009. They are asking for a modification to the renewal section, to read as follows:
"12. RENEWAL APPLICATION. Lessee shall have the right and option to renew this lease_,
for two (2) additional five (5) year renewal terms. If Lessee desires to renew its Lease under this
Article, it shall, not more than one hundred twenty (120) days nor less than sixty (60) days
before expiration of the current Lease, notify the City of its intent to renew the Lease. Upon
receiving such notification the City may request the following information if necessary:
A. Any additional inforniation required based upon elements of the current Lease
agreement between the City and the Lessee; and
B. All deposits or charges required pursuant to City ordinances.
The City reserves the right to extend the review period for the renewal application if
additional information is required. Should all parties not agree to renewal terms, the current
lease may be extended on a month-to-month basis at the sole discretion of the City."
The above wording is exactly like the other lease agreement they have with us and will allow
both to expire/renew at the same time.
Phil has no objections to this and it was presented to the Public Works & Utilities Committee
yesterday afternoon. They also concur. My question is; how do we do this? Does it need an
agenda bill or can Phil, as the contract administrator simply send a letter with the above wording.
~
C. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee
rent for co-location on Lessee's tower.
11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a
new lease application and Lease shall be required of any telecommunications carrier or other
entity that desires to expand, modify, or relocate its telecommunications facilities or other
equipment located upon City property. If ordered by the City to locate or relocate its
telecommunications facilities or other equipment on the City property, the City shall grant a lease
amendment without further application.
12. RENEWAL APPLICATION. A Lessee that desires to renew its Lease under
this Article shall, not more than one hundred twenty (120) days nor less than sixty (60) days
before expiration of the current Lease, file an application with the City for renewal of its Lease
which shall include the following:
A. Any additional information required based upon elements of the current
Lease agreement between the City and the Lessee;
B. All deposits or charges required pursuant to City ordinances;
C. A non-refundable application fee in the amount of Five Hundred and
No/IOO Dollars ($500.00).
The City reserves the right to extend the review period for the renewal application if
additional information is required.
13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the
Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has
been approved by the City.
14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to
substantially expand the initial configuration contained in Schedule A, Lessee will submit a new
application to the City.
15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
rights hereunder are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare ofthe public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
LEASE AGREEMENT - 5
DATE SUBMITTED: 1111l/07
BILL #
07-208
q~
...........................................................................................1
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Professional Service
Agreement with Hecker Architects for
Architect Services for BKA T Studio.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
11/l4/07
11/28/07
Financial Services
Charleen Burnette
308-0139
SUMMARY: In its Franchise agreement with Comcast, the City of Bremerton is required to relocate
the BKAT studio from its current location in the Comcast Building (1225 Sylvan Way) to its
Administration Office (7266 Tibardis Rd). Additional capital funding was provided to the City from
Comcast to facilitate this relocation. In order to proceed and get this completed by the required move
date (April 15, 2008) architectural services and assistance in the construction process is required.
This Professional Services Agreement with Hecker Architects includes; mechanical, electrical and
structural engineering, preparing the construction documents, working with the project manager on
the bidding and negotiation and administering the construction contract.
ATTACHMENTS: Discussion Memorandum, Professional Services Agreement,
Exhibits A,B and C
FISCAL IMPACTS (Include Budgeted Amount): This contract amount is $36,200. Total cost to
remodeVexpand the studio is estimated at $200,000 which is funded by the $150,000 of additional
capital funding provided by Comcast per the terms of the new franchise agreement with the remainder
($50,000) coming from the BKAT Fund's ongoing revenue mix offranchise fees, production fees,
and PEG capital funding. This capital expenditure is included in the current 2007 budget as amended
and the proposed 2008 budget.
APPROVALS:
DEP ARTMENT DIRECTOR
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~-f~~~~
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to Approve the Professional Services Agreement between the
City ofBremerton and Hecker Architects P.S. and authorize the Mayor to finalize and execute the
agreement in substantially the same form as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
m.,.
e
Memorandum
TO:
City Council
Mayor Cary Bozeman
From:
Charleen Burnette, Public Access Manager
RE:
Professional Services Contract with Hecker Architects
Date:
November 1, 2007
Bremerton Kitsap Access Television (BKAT) has had a studio space in the Comcast
Building (1225 Sylvan Way) since 1997. This location is also home ofBKAT's "head-
end", where all programming is aired. BKAT staff makes one to two trips per day
between the Tibardis Rd office and the Sylvan Way site to load programs and prepare
scheduling for the channel. It has long been the desire of the BKAT team to have
everything in one location.
In the 2007 Cable Franchise negotiations with Comcast, the City negotiated additional
capital funding for to the relocation of the studio and head end from its Sylvan Way
location. Staff estimates for the total cost to remodeVexpand the studio is $200,000
which is funded by the $150,000 of additional capital funding provided by Comcast per
the terms of the new franchise agreement with the remainder ($50,000) coming from the
BKAT Fund ongoing revenue mix offranchise fees, production fees, and PEG capital
funding. This capital expenditure is included in the current 2007 budget as amended and
the proposed 2008 budget. In the franchise agreement, Comcast requires BKAT to be out
of the Sylvan Way location by April 15,2007. It is possible that construction phase may
not be entirely complete at that time but we will remove our equipment by that date and
honor that requirement. The BKA T "head end" will move by April 1, 2007 so there is no
off air time on BKA T. BKA T staff is working with Comcast, the City's Public Works
Department and Kitsap County to hook up the fiber to the Tibardis Rd Building to assure
seamless "on air" presence for BKA T.
An Interlocal Agreement between the City and Kitsap County was signed on July 9,2007
(KC-223-07) authorizing the City to construct an addition/remodel of the Tibardis Rd
Building and allowing the City to occupy the Tibardis Rd building until 2020.
Hecker Architects are currently developing the preliminary design for this project under a
smaller contract executed on October 1, 2007. The Professional Services Agreement
proposed for Council approval includes; mechanical, electrical and structural
engineering, preparing the construction documents, working with the project manager
(Char Burnette) on the bidding and negotiation and administering the construction
contract. They are well qualified to conduct the scope of work for this and I am
requesting that the City Council approve the Professional Services Agreement with
Hecker Architects, P.S. for Architect Services for the BKAT Studio on November 28,
2007. The contract amount for this architectural work is $36,200. This item is
scheduled to be discussed with the Finance Committee on November 7,2007.
PROFESSIONAL SERVICES AGREEMENT
Hecker Architects, PS - Architect Services for BKA T Studio
The City of Bremerton ("City") and Hecker Architects, PS ("Consultant"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated October 29, 2007, including any attachments thereto, attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VI1G. of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
ll. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in the work schedule attached hereto as
Exhibit B; provided however, that additional time shall be granted by the City for excusable
delays or extra work as provided for in section IX (A) of this agreement.
m. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $36,200 . Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this
~~reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof The descriptions shall conform to and fall
within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a
conforming billing statement, the City shall promptly process payment. PROVIDED,
HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay
work tasks under the time frame set forth in Section n herein. The Consultant's labor rates and
billing fees shall be as delineated in Exhibit C.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant
to Section I and, if not otherwise provided, such compensation shall be in accordance with
Exhibit C.
If a billing statement does not conform to this Agreement, the City may withhold
payment until the statement is brought into compliance. Such withholding does not relieve
Consultant of its obligations under this Agreement.
Bremerton/Hecker Architects,PS
Architect Services
IV. Relationship of Parties: Consultant represents that it is skilled in the matters
addressed in the Scope of Work and is performing independent functions and
responsibilities within its field of expertise. Consultant and its personnel are
independent Consultants and not employees of the City. Consultant and its personnel
have no authority to bind the City or to control the City's employees and other
Consultants. None of the benefits provided by the City to its employees, including,
but not limited to, compensation, insurance, and unemployment insurance are
available from the City to the employees, agents, representatives, or sub-Consultants
of the Consultant. Consultant will be solely and entirely responsible for its acts and
for the acts of Consultant's agents, employees, representatives and sub-Consultants
during the performance of this Agreement. The City may, during the term of this
Agreement, engage other independent Consultants to perform the same or similar
work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State
professional licensing, and City business licensing. If any taxes or fees due the City have been
declared delinquent, the City may withhold the delinquent amount, plus any additional charges
arising from the delinquency, from any payments due Consultant.
V. Indemnification: Consultant shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement, except for that portion of the injuries and damages caused by the
City's sole negligence.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of the Consultant
and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
Bremerton/Hecker Architects,PS
Architect Services
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Liabilitv insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and general aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations/broad form property
damage; explosion, collapse and underground (XCV) if applicable; and employer's
liability; and
3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per
occurrence/claim.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims-made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating
that coverage shall apply separately to each insured against whom claim is made or suit is
brought, except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary insurance as respects the City and the City
shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of
any cancellation, suspension or material change in coverage.
BremertonlHecker Architects.PS
Architect Services
The City also reserves its unqualified right to require at any time and for any reason,
proof of coverage in the form of a duplicate of the insurance policy with all endorsements as
evidence of coverage.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and
documents shall be furnished in the time and form requested. Consultant shall maintain
accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to
substantiate all billed amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in
connection with the services performed by the Consultant under this Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
information relating to its own business. If such information is publicly available or is already in
Consultant's possession or known to it, or is rightfully obtained by the Consultant from third
parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents,
and files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the
City upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents, and sub-consultants in the
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the
work.
D. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
BremertonlHecker Architects,PS
Architect Services
E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement
between the Parties, and the Parties acknowledge that there are no other agreements, written or
oral, that have not been set forth in the text of this Agreement.
F. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
G. Modification: This Agreement may only be modified by written instrument signed by
both Parties.
H. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or I st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
City Address
Consultant Address
City ofBremerton
Attn: Director of Financial Services
345 6th Street, Suite 600
Hecker Architects, PS
2009 Harkins Street
Bremerton, WA 98337-1873
Bremerton, W A 98310
I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
1. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein conferred in
one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
K. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws
of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement
shall be brought in Kitsap County Superior Court.
M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
N. Assignment: Any assignment of this agreement by the Contractor without the written
consent of the City shall be void.
BremertonlHecker Architects.PS
Architect Services
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, or disability,
except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the
other Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work
current through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described in
Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged with liquidated damages for any delays in the completion of the work due
to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes
not reasonably foreseeable by the parties at the time of the execution of the Agreement that are
beyond the control and without the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED,
HOWEVER, that the Consultant must promptiy notify the City within ten (10) calendar days in
writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement,
the delay is properly excusable, the City shall, in writing, extend the time for completing the
work for a period of time commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
BremertonlHecker Architects.PS
Architect Services
CITY OF BREMERTON
By:
its:
Date:
Approved as to form:
Bremerton City Attorney
R:\LEGAL\Contracts\FORMS\Professiol1al Services Agreement Form (2003).doc
Bremerton/Hecker Architects,PS
Architect Services
CONSULTANT
By: Jeffrey A. Hecker
its: President
Date:
Attest:
City Clerk
EXHIBIT - A
SCOPE OF WORK
SCOPE OF ARCHITECT'S BASIC SERVICES
2.1 DEFINITION
2.1.1 The Architect's Basic Services consist of
those described in Paragraphs 2.2 through 2.7, and
include normal structural, mechanical and electrical
engineering services.
2.2 PRE-DESIGN PHASE
2.2.1 Completed under separate contract.
2.3 SCHEMATIC DESIGN PHASE
2.3.1 Completed under separate contract.
2.4 DESIGN DEVELOPMENT PHASE
2.4.1 Based on the approved Schematic Design
Documents and any adjustments authorized by the
Owner in the program, schedule or construction
budget, the Architect shall prepare, for approval by
the Owner, Design Development Documents consist-
ing of drawings and other documents to fix and de-
scribe the size and character of the Project as to
architectural, structural, mechanical and electrical
systems, materials and such other elements as may
be appropriate.
2.5 CONSTRUCTION DOCUMENTS PHASE
2.5.1 Based on the approved Design Develop-
ment Documents and any further adjustments in the
scope or quality of the Project or in the construction
budget authorized by the Owner, the Architect shall
prepare, for approval by the Owner, Construction
Documents consisting of Drawings and Specifications
setting forth in detail the requirements for the con-
struction of the Project.
2.5.2 The Architect shall assist the OWner in the
preparation of the necessary bidding information,
bidding forms, the Conditions of the Contract, and the
form of Agreement between the Owner and Contrac-
tor.
2.5.3 The Architect shall advise the Owner of any
adjustments to previous preliminary estimates of
Construction Cost indicated by changes in require-
ments or general market conditions.
2.5.4 The Architect shall assist the Owner in con-
nection with the Owner's responsibility for filing
documents required for the approval of governmental
authorities having jurisdiction over the Project.
2.6 BIDDING OR NEGOTIATION PHASE
2.6.1 The Architect, following the Owner's ap-
proval of the Construction Documents and of the
latest preliminary estimate of Construction Cost, shall
assist the Owner in obtaining bids or negotiated pro-
posals and assist in awarding and preparing con-
tracts for construction.
2.7 CONSTRUCTION PHASE-ADMINISTRATION
OF THE CONSTRUCTION CONTRACT
2.7.1 The Architect's responsibility to provide
Basic Services for the Construction Phase under this
Agreement commences with the award of the initial
Contract for Construction and terminates at the ear-
lier of the issuance to the Owner of the final Certifi-
cate for Payment or 60 days after the date of Sub-
stantial Completion of the Work.
2.7.2 The Architect shall provide administration of
the Contract for Construction as set forth below and
in the edition of AlA Document A201, General Condi-
tions of the Contract for Construction, current as of
the date of this Agreement, unless otherwise pro-
vided in this Agreement. Modifications made to the
General Condition, when adopted as part of the Con-
tract Documents, shall be enforceable under this
Agreement only to the extent that they are consistent
with this Agreement or approved in writing by the
Architect.
2.7.3 Duties, responsibilities and limitations of
authority of the Architect under this Paragraph 2.7
shall not be restricted, modified or extended without
written agreement of the Owner and Architect with
consent of the Contractor, which consent shall not be
unreasonably withheld.
2.7.4 The Architect shall be a representative of
and shall advise and consult with the OWner during
the administration of the Contract for Construction.
The Architect shall have authority to act on behalf of
the Owner only to the extent provided in this Agree-
ment unless otherwise modified by written amend-
ment.
2.7.5 The Architect, as a representative of the
Owner, shall visit the site at intervals appropriate to
the stage of the Contractor's operations, or as other-
wise agreed by the Owner and the Architect in Article
12, (1) to become generally familiar with and to keep
the Owner informed about the progress and quality of
the portion of the Work completed, (2) to endeavor to
guard the Owner against defects and deficiencies in
the Work, and (3) to determine in general if the Work
is being performed in a manner indicating that the
Work, when fully completed, will be in accordance
with the Contract Documents. However, the Architect
shall not be required to make exhaustive or continu-
ous on-site inspections to check the quality or quan-
tity of the Work. The Architect shall neither have
control over or charge of, nor be responsible for, the
construction means, methods, techniques, se-
quences or procedures, or for safety precautions and
programs in connection with the Work, since these
are solely the Contractor's rights and responsibilities
under the Contract Documents.
2.7.6 The Architect shall report to the Owner
known deviations from the Contract Documents and
from the most recent construction schedule submitted
by the Contractor. However, the Architect shall not
be responsible for the Contractor's failure to perform
the Work in accordance with the requirements of the
Contract Documents. The Architect shall be respon-
sible for the Architect's negligent acts or omissions,
but shall not have control over or charge of and shall
not be responsible for acts or omissions of the Con-
tractor, Subcontractors, or their agents or employees,
or of any other persons or entities performing portions
of the Work.
2.7.7 The Architect shall at all times have access
to the Work wherever it is in preparation or progress.
2.7.8 Except as otherwise provided in this Agree-
ment or when direct communications have been spe-
cially authorized, the Owner shall endeavor to com-
municate with the Contractor through the Architect
about matters arising out of or relating to the Contract
Documents. Communications by and with the Archi-
tect's consultants shall be through the Architect.
2.7.9 CERTIFICATES FOR PAYMENT
2.7.10 The Architect shall review and certify the
amounts due the Contractor and shall issue certifi-
cates in such amounts.
2.7.11 The Architect's certification for payment
shall constitute a representation to the Owner, based
on the Architect's evaluation of the Work as provided
in Subparagraph 2.6.5 and on the data comprising
the Contractor's Application for Payment, that the
Work has progressed to the point indicated and that,
to the best of the Architect's knowledge, information
and belief, the quality of the Work is in accordance
with the Contract Documents. The foregoing repre-
sentations are subject (1) to an evaluation of the
Work for conformance with the Contract Documents
upon Substantial Completion, (2) to results of subse-
quent tests and inspections, (3) to correction of minor
deviations from the Contract Documents prior to
completion, and (4) to specific qualifications ex-
pressed by the Architect.
2.7.12 The issuance of a Certificate for Payment
shall not be a representation that the Architect has (1)
made exhaustive or continuous on-site inspections to
check the quality or quantity ofthe Work, (2) re-
viewed construction means, methods, techniques,
sequences or procedures, (3) reviewed copies of
requisitions received from Subcontractors and mate-
rial suppliers and other data requested by the Owner
to substantiate the Contractor's right to payment, or
(4) ascertained how or for what purpose the Contrac-
tor has used money previously paid on account of the
Contract Sum.
2.7 .13 The Architect shall have authority to reject
Work that does not conform to the Contract Docu-
ments. Whenever the Architect considers it neces-
Exhibit A
sary or advisable, the Architect shall have authority to
require inspection or testing of the Work in accor-
dance with the provisions of the Contract Documents,
whether or not such Work is fabricated, installed or
completed. However neither this authority of the
Architect nor a decision made in good faith either to
exercise or not to exercise such authority shall give
rise to a duty or responsibility of the Architect to the
Contractor, Subcontractors, material and equipment
suppliers, their agents or employees or other persons
or entities performing portions of the Work.
2.7.14 The Architect shall review and approve or
take other appropriate action upon the Contractor's
submittals such as Shop Drawings, Product Data and
Samples, but only for the limited purpose of checking
for conformance with information given and the de-
sign concept expressed in the Contract Documents.
The Architect's action shall be taken with such rea-
sonable promptness as to cause no delay in the Work
or in the activities of the Owner, Contractor or sepa-
rate contractors, while allowing sufficient time in the
Architect's professional judgment to permit adequate
review. Review of such submittals is not conducted
for the purpose of determining the accuracy and
completeness of other details such as dimensions
and quantities, or for substantiating instructions for
installation or performance of equipment or systems,
all of which remain the responsibility of the Contractor
as required by the Contract Documents. The Archi-
tect's review shall not constitute approval of safety
precautions or, unless otherwise specifically stated by
the Architect, of any construction means, methods,
techniques, sequences or procedures. The Archi-
tect's approval of a specific item shall not indicate
approval of an assembly of which the item is a com-
ponent.
2.7.15 If professional design services or certifica-
tions by a design professional related to systems,
materials or equipment are specifically required of the
Contractor by the Contract Documents, the Architect
shall specify appropriate performance and design
criteria that such services must satisfy. Shop Draw-
ings and other submittals related to the Work de-
signed or certified by the design professional retained
by the Contractor shall bear such professional's writ-
ten approval when submitted to the Architect. The
Architect shall be entitled to rely upon the adequacy,
accuracy and completeness of the services, certifica-
tions or approvals performed by such design profes-
sionals
2.7.16 The Architect shall prepare Change Orders
and Construction Change Directives, with supporting
documentation and data if deemed necessary by the
Architect as provided in Subparagraphs 3.1.1 and
3.3.3, for the Owner's approval and execution in ac-
cordance with the Contract Documents, and may
authorize minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of
the Contract Time which are consistent with the intent
of the Contract Documents.
2.7.17 The Architect shall conduct inspections to
determine the date or dates of Substantial Comple-
tion and the date of final completion, shall receive
from the Contractor and forward to the Owner, for the
Owner's review and records, written warranties and
related documents required by the Contract Docu-
ments and assembled by the Contractor, and shall
issue a final Certificate for Payment based upon a
final inspection indicating the Work complies with the
requirements of the Contract Documents.
2.7.18 The Architect shall interpret and decide
matters concerning performance of the Owner and
Contractor under, and requirements of, the Contract
Documents on written request of either the Owner or
Contractor. The Architect's response to such re-
quests shall be made in writing within any time limits
agreed upon or otherwise with reasonable prompt-
ness.
2.7.19 Interpretations and decisions of the Architect
shall be consistent with the intent of and reasonable
inferable from the Contract Documents and shall be
in writing or in the form of drawings. When making
such interpretations and initial decisions, the Architect
shall endeavor to secure faithful performance by both
Owner and Contractor, shall not show partiality to
either, and shall not be liable for results of interpreta-
tions or decisions so rendered in good faith.
2.7.20 The Architect shall render initial decisions on
claims, disputes or other matters in question between
the Owner and Contractor as provided in the Contract
Documents. However, the Architect's decisions on
matters relating to aesthetic effect shall be final if
consistent with the intent expressed in the Contract
Documents.
2.7.21 The Architect's decisions on claims, dis-
putes or other matters in question between the
Owner and Contractor, except for those relating to
aesthetic effect as provided in Subparagraph 2.7.17,
shall be subject to mediation and arbitration as pro-
vided in this Agreement and in the Contract Docu-
ments.
ADDITIONAL SERVICES
3.1 GENERAL
3.1.1 The services described in this Article 3
are not included in Basic Services and they shall be
paid for by the Owner as provided in this Agreement,
in addition to the compensation for Basic Services. If
services described under Contingent Additional Ser-
vices in Paragraph 3.2 are required due to circum-
stances beyond the Architect's control, the Architect
shall notify the Owner prior to commencing such
services. If the Owner deems that such services
Exhibit A
described under Paragraph 3.2 are not required, the
Owner shall give prompt written notice to the Archi-
tect. If the Owner indicated in writing that all or part
of such Contingent Additional Services are not re-
quired, the Architect shall have no obligation to pro-
vide those services.
3.2 CONTINGENT ADDITIONAL SERVICES
3.2.1 Making revisions in drawings, specifica-
tions or other documents when such revisions are:
1. Inconsistent with approvals or instruction pre-
viously given by the Owner, including revisions
made necessary by adjustments in the Owner's
program or Project budget;
2. Required by the enactment or revision of
codes, laws or regulations subsequent to the
preparation of such documents; or
3. Due to changes required as a result of the
Owner's failure to render decisions in a timely
manner.
3.2.2 Providing services required because of
significant changes in the Project including, but not
limited to, size, quality, complexity, the Owner's
schedule, or the method of bidding or negotiating and
contracting for construction.
3.2.3 Preparing Drawings, Specifications and
other documentation and supporting data, evaluating
Contractor's proposals, and providing other services
in connection with Change Orders and Construction
Change Directives.
3.2.4 Providing services in connection with
evaluating substitutions proposed by Contractor and
making subsequent revisions to Drawings, Specifica-
tions and other documentation resulting therefrom.
3.2.5 Providing services made necessary by
the default of the Contractor, by major defects or
deficiencies in the Work ofthe Contractor, or by fail-
ure of performance of either the Owner or a Contrac-
tor under the Contract for Construction.
3.2.6 Preparation of a complete Existing Facili-
ties Survey (As-Builts) of the entire BKAT facility. A
partial survey is included in Pre-Design.
OTHER PROVISIONS
OWNER'S RESPONSIBILITIES
The Owner shall provide full information about the
objectives, schedule, constraints and existing condi-
tions of the project, and shall establish a budget with
reasonable contingencies that meets the project re-
quirements. The Owner shall furnish surveying, geo-
technical engineering and environmental testing ser-
vices upon request by the Architect. The Owner shall
employ a contractor to perform the construction Work
and to provide cost-estimating services. The Owner
shall furnish to the Architect all relevant legal, ac-
counting and insurance services information if an
issue arises during the project requiring such assis-
tance.
HAZARDOUS MATERIALS
The Architect and Architect's consultants shall have
no responsibility for the identification, discovery,
presence, handling removal or disposal of, or expo-
sure of persons to, hazardous materials in any form
at the project site.
DOCUMENT USAGE
Hecker Architects, PS retains the right to use any and
all designs, documents, etc. prepared for this project
in the marketing and advertising for Hecker Archi-
tects.
OPINIONS OF PROBABLE COST
Hecker Architects, PS will provide the Client with
opinions of probable cost in a Budget Cost Estimate
for Construction during the Schematic Design Phase.
This opinion of probable cost will be based on our
experience. However, where accurate estimates are
crucial, the Client is advised to obtain contractor quo-
tations. Hecker Architects, PS makes no warranty,
expressed or implied, as to the accuracy of our prob-
able cost opinions as compared to bid or actual costs.
ERRORS, CONTINGENCIES, AND
CONSEQUENTIAL DAMAGES
The Owner recognizes the inherent risks connected
with construction and that the Architect will use that
degree of care and skill ordinarily exercised, under
similar circumstances, by reputable members of the
profession practicing in the same or similar locality. It
is understood that no warranty, either expressed or
implied, is provided.
LIMITATION OF LIABILITY
The Owner agrees to limit any and all claims for
damages, costs of defense or other expenses or
claims of liability or damages of whatever type which
are sought to be levied against the Architect and its
sub-consultants as the result of alleged negligent
acts, errors and omissions on the Architect's part,
such that the total aggregate liability of the Architect
to the Owner will not exceed the monetary amount of
professional liability insurance coverage available at
the time of settlement or judgment.
FACSIMILE TRANSMISSION
Facsimile transmission of any signed original docu-
ment, and the retransmission of any signed facsimile
transmission, shall be the same as delivery of the
Exhibit A
original signed document. At the request of any
party, a party shall confirm documents with a facsim-
ile transmitted signature by signing the original
document.
EXHIBIT - B
PROJECT SCHEDULE
PROJECT SCHEDULE BY PHASE
PHASE
DATES
12/03107 -12/14/07
12/17/07 - 01/03/08
01/04108 - 01/31/08
02/01/08 - 04/10/08
Design Development
Construction Documents
Bidding & Negotiation
Contract Administration
Additional Services
Varies
This schedule is contingent on the contract date and
may be adjusted if the contract date is later than
11/2912007.
EXHIBIT - C
FEE SCHEDULE
The Owner shall compensate the Architect as follows:
ARCHITECT FIXED FEE BY PHASE
Design Development
Construction Documents
Bidding & Negotiation
Contract Administration
$1,400
$15,000
$2,300
$7,500
Additional Services
$4,000*
$36,200
Total
The services for the above phases are outlined in the
Scope of Work (Exhibit-A), and include normal
structural, mechanical and electrical engineering, as
well as specification services. Additional services
excluded are also outlined in the Scope of Work.
* Fixed fee for Additional Services outlined in the
scope of work (Exhibit-A). Other Additional Services
will be billed at the standard hourly rates below.
The Pre-Design and Schematic Design Services
consist of those described in the Scope of Work
(Exhibit-A).
POSITION
Principal
Project Architect
Intern Architect
Administrative
HOURLY RATE
$125.00
$95.00
$75.00
$35.00
DATE SUBMITTED: Novcmber S, :2007
B IL L #__Q_7__-=-_~(Q cr
AGENDA BILL
CITY OF BRErvIERlON
CITY COUNCIL
LfH
...................g....................................................................
SUBJECT:
JOINT FIREFIGHTER/PARAMEDIC
TESTING INTERLOC/\L AGREEMENT
Committee Meeting Date: -N,')\) i lLr2.DO-l
COUNCIL MEETING Dale: Nt')>,). Z It, 7I'i';1
Department: J=-\ f-e.-/
Presenter: N ,eX-.-Hcl k \(\ \ PI t----
Phone: l\1~- S3<;(2.
SUMl\fARY: This agreement will formalize the process to advertise, test, and establish lists for the
position of both Experienced Firefighter/Paramedic and Entry level Firefighter/Paramedic for three
Fire Departments. This agreement is between City of Bremerton, Central Kitsap Fire and Rescue and
South Kitsap Fire and Rescue. By sharing resources we save expenses, personnel costs, while
attracting a greater number of candidates to the testing process.
ATTACHMENTS: The agreement
FISCAL IMPACTS (Include Budgeted Amount): No anticipated additional costs.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
COMMITTEE CHAIR
COUNCIL PRESIDENT:
RECOMMENDED MOTION:
Move to approve the Joint Fire Fighter/Paramedic Testing Interlocal Agreement and
authorize the Mayor to finalize and execute the agreement with substantially the same
terms and conditions as presented.
COUNCIL ACTION: 0 Approvc 0 Deny 0 Tahle
o COlltinue 0 No Action
JOINT FIRE FIGHTER/PARAIVIEDIC TESTING
INTERLOCAL AGREElVlENT
THIS INTERLOCAL A.GREEMENT made and entered into, pursuant to the Interlocal
Cooperation Act, Chapter 39.34 of the Revised Code of Washington, on this ____ day
of ,2007, by and between the CITY OF BREMERTON, (hereinafter
n:fcm:d to as the "City"), CENTRAL KITSAP FIRE AND RESCUE (hereinafter
refeITed to as "CKFR") and SOUTH KlTSAP FIRE AND RESCUE (hereinafter refelTed
to as "SKFR"),
\VITNESSETH:
WHEREAS, The Revised Code of Washington Section 39.34.030 authorizes
cooperation between public agencies to their mutual advantage; and
WHEREAS, The City, CKFR and SKFR have agreed to enter into an
intergovemmental cooperative agreement for a joint Fire Fighter/Paramedic testing
program.
NOW THEREFORE in consideration of their mutual covenants, conditions and
promises, THE PARTIES HERETO DO HEREBY AGREE as follows:
Purpose.
The purpose of this agreement is to establish and maintain a Joint Fire Fighter/Paramedic
testing process (hereinafter called the "testing process") whereby the lnterlocal Group
created herein may establish lists, by numerical score, of candidates for Fire Fighter/
Paramedic positions to be used by the members of this A!:,'Teement. This process will
establish both an "Experienced Fire Fighter Paramedic List" and an "Entry Level Fire
Fighter/Paramedic List". This testing process will establish eligibility lists, not hiring
lists.
Fire Fh!hter/Paramedic Certification Process.
All members of this Agreement agree to abide by the minimum experience and education
requirements tc)r both lists and testing processes as established by their respective
jurisdictions, or through mutual agreement for future lists. All members recognize that
selected candidates for hiring will have additional testing as required by each individual
member.
Additionally, any candidate not cUITcntly celiitied/licensed by the current Kitsap County
Medical Program Director will be required to submit to testing as administered through
the Kitsap County Emergency Medical Council.
Any Candidate on a list established pursuant to this agreement shall he advised by the
respective hiring member that the requirements f()r CP AT shall he met within 6 months
from the date of hiring.
Any list created pursuant to this agreement will require participation by the three
jurisdictions in establishing any list.
Official posting requirements shall be determined by the members of this Agreement.
Moditications shall be proposed and accepted by all participants of this Agreement bet()l"e
posting of future exams. Nothing shall prohibit the participants from examining "Entry
Level" and "Experienced Fire Fighter/Paramedic" applicants as they become available. It
is recognized that the "Experienced Fire Fighter/Paramedic List" is set up as a
continuously open testing process. Members shall detenlline when additional testing is
done. Candidates will enter the list in accordance with their final numerical score.
List Mana2ement.
Two Interlocallists (hereinafter called the "Entry List" and the "Experienced List") will
be established through the testing process. The lists will include all candidates who meet
the minimum requirements for the selected exam, pass the written exam or questionnaire,
and obtain an acceptable score from the multi-jurisdictional Oral Board. Each Member
will be responsible for maintaining their copies of the lists.
More than one jurisdiction may interview the same candidate(s) at the same time.
The lists are documents available only to the designated representatives from the mernber
jurisdictions, except as far as Public Disclosure laws apply. Copies of the lists shall be
given to a designated representative from each jurisdiction within a week after the
completion of the testing process, or when an appeal is resolved. It is the responsibility of
each representative to keep the information about people on the lists confidential within
their own jurisdiction. No information about a candidate may be given to organizations
who are not members of this agreement, unless specifically authorized by the candidate in
writing to one of the designated representatives holding the list or pursuant to a public
disclosure request.
If a jurisdiction applies veteran preference or other preference points, these may be
applied at the time the individual jurisdiction's eligibility list is established. These
preference points will not be included as a part of the testing process or otherwise
considered in creating the List. J
Appeals of the testing process will be handled separately by the respective members'
jurisdictions.
2
Candidate Recol'd Retention.
All candidate applications, resumes, and testing information shall be retained by each
Member Jurisdiction as required for their record.
Responsibilities of Members.
Each member to this agreement agrees to provide staff to support the testing process,
Each member agrees that all personnel costs incurred in administering this Agreement
shall be the sole responsibility of each jurisdiction.
Each Member will be responsible for maintaining their copy of the List.
Terms of A2reement.
Length of Agreement. The lnterlocal Group has executed this Ab'Teement as of the date
and year last written below. This Agreement shall continue as long as the lnterlocal
Group agrees on its continuance. There shall be an annual review of continuing
participation. Any member jurisdiction may cancel their membership by providing thirty
(30) days written notice to the lnterlocal Group.
New Members. Other jurisdictions wishing to become Members of this Agreement must
submit a written petition to the lnterlocal Group. Acceptance shall require a majority vote
of members. At the next testing process the new member shall supply human resources in
conducting the exam. Any change in name or structure of a member through a merger,
consolidation, or the formation of a Regional Fire Authority shall not atlect the b'TOUP.
New areas or personnel shall be assumed as to be a part of the original Members,
Liability. City shall defend, indemnify and hold CKFR and SKFR, their officers,
officials, employees, agents and volunteers harmless trom any and all claims, injuries,
damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the City's perfonnance of this Agreement, to the extent that the injuries
and damages arc caused by the City's negligence.
CKFR shall defend, indemnify and hold the City and SKFR, their officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including alllcgal costs and attorney fees, arising out of or in connection
with this Agreement, to the extent that the injuries and damages are caused by the
CKFR's negligence.
SKFR shall defend, indemnity and hold the City and CKFR, their officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney tees, arising out of or in connection
,.,
-,
with this Agreement, to the exknt that the Il1JUrICS and damages are caused by the
SKFR's negligence.
The provisions of this section shall survIve the expiration or termination of this
Agreement.
IN \VITNESS \VHEREOF, we have as of this date _______ day of
_____________ 2007, sign this agreement.
City of Bremerton
Central Kitsap Fire and Rescue
Cary Bozeman, Mayor
Ken Burdette, Fire Chief
Al Duke, Fire Chief
South Kitsap Fire and Rescue
APPROVED AS TO FORM:
Wayne Senter, Fire Chief
Roger A. Lubovich, City Attorney
ATTEST:
Carol Etgen, City Clerk
4
DATE SUBMITTED: November 8, 2007
BILL # () 7-- c;.. 70
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
4:r.
................................................................................m.......
SUBJECT: Ordinance No. 5o.,l q
amending BMC Section 2.06.040 relating to
the Office ofthe City Attorney
Committee Meeting Date: November 14,2007
COUNCIL MEETING Date: November 28, 2007
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: The proposed ordinance amends the provisions of Section 2.06.040 ofthe Bremerton
Municipal Code to redefine the limits of practice of the City Attorney and Assistant City Attorneys
outside the Office of the Bremerton City Attorney.
ATTACHMENTS: Proposed ordinance 502,.'1_
FISCAL IMPACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
--
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to pass Ordinance No. 5 oJ.. ~ amending Section 2.06.040
of the Bremerton Municipal Code relating to the Office of the City Attorney.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. Su;).'(
AN ORDINANCE of the City Council of the City of
Bremcrton, Washington, amending Chapter 2.06 of the Bremelion
Municipal Code entitled "Office of the City Attorney."
WHEREAS, the City Council desires to amend the Bremelion Municipal Code in
order to update the provisions relating to outside employment and the duties of the City Attorney
and Assistant City Attorneys; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 2.06.040 of the Bremerton Municipal Code entitled
"Outside Employment" is hereby amended to read as follows:
2.06.040 OUTSIDE EMPLOYMENT.
The City Attorney and Assistant City Attorneys shall not engage in any legal practice outside the
Office of the City Attorney or compensable legal ',';ork '.",hile holding office with the City;
provided, pro bono and minor legal matters for immediate family members are not prohibited so
long as they do not that would interfere or conflict with the duties of this office.
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 of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 3. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
PASSED by the City Council the
day of
,2007
WILL MAUPIN, Council President
Approved this
day of
,2007
CARY BOZEMAN, Mayor
1
Outside Employment
ATTEST:
APPROVED AS TO FORM:
CAROL ETGEN, City Clerk
ROGER A. LUBOVICH, City Attol11cy
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2007
,2007
R: \LEG AL \Ord inances\Legal\Ou tside Employment. doc
2
Outside Employment
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
07--J-7!
DATE SUBMITTED: 11/14/2007
BILL #
Lf:f
........................................................................................
SUBJECT: Amendment No.1 to
Professional Services Agreement with
Parametrix for the Bremerton Boardwalk
Project
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
11/14/2007
11/28/2007
Engineering
Tom Knuckey
473-2376
SUMMARY: This amendment modifies the scope of work with Parametrix to provide a Remedial
Investigation (RI) and Feasibility Study (FS) for the treatment and removal of contaminants in the soil
and groundwater at the former Chevron Property. When the original scope of work was developed
our expectation was that a detailed RI/FS would not be required by Ecology. The agency
subsequently added that requirement to the approval process. In addition, the amendment provides
for an increase in the scope outlined in the original Professional Services Agreement for Public
Involvement, and Design of the Evergreen Park Improvements.
ATTACHMENTS: 1. Council Summary; 2. Amendment No.1
FISCAL IMPACTS (Include Budgeted Amount): This work is included in the 2007 and 2008
budgets. All remedial action included in Task 13 will be initiated only after the Department of
Ecology (DOE) allocates Reimbursement Funds to the Project. DOE Reimbursement of Professional
Services under the Agreed Order is expected to be $293,700. .,o+nl fee.. h'\c..-re....o...se. -n,r ~
O"W1~f..ttt is- sft3,Ob ,l,.l'1C'I\ "/e/07.
APPROVALS: .
DEPARTMENT DIRECTO
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
,
COMMITTEE CHAIR
COUNCIL PRESIDENT:
{~_~.?~. (-e:..~,<;;;~;:_2>;:~~____
.~1 _l/~/b ~;J
c /'
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION:
Move to approve the Amendment No.1 to the Professional Services Agreement with Parametrix and
authorize the Mayor to finalize and execute the same.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
COUNCIL SUMMARY
AMENDMENT NO.1 TO
PROFESSIONAL SERVICES AGREEMENT WITH PARAMETRIX
FOR BREMERTON BOARDWALK PROJECT
This amendment addresses increases to the scope of work, which has grown concurrently with our
expanded vision for the Boardwalk. Work scope has increased in the areas of community outreach,
cleanup requirements for the Former Chevron Property, and design of the Evergreen Park Expansion.
Work activities are described in the text below; changes from the original Scope of Work dated May 9,
2006 are presented in the following table.
Community Outreach
Community outreach and public involvement efforts have grown to optimize our opportunities for grant
funding. A total of $2,900,000 in grants has been secured for the project. A funding need of
approximately $10,000,000 remains; to address this need, we will continue an aggressive outreach
campaign to garner strong community support. Community support is one of the leading criteria
considered by grant funding agencies.
Community outreach will be substantially completed in 2008. Grant applications will be submitted to
meet the funding cycles so that funding is in place before the anticipated construction start date of July
2009.
Cleanup of the Former Chevron Propertv
Requirements for cleanup of the Former Chevron Property have also increased beyond the original scope.
Prior to execution of the PSA, the City entered into detailed discussions with the Northwest Regional
Office (NWRO) of the Washington State Department of Ecology (Ecology) to come to agreement as to
the extent of cleanup required as a basis for an Agreed Order. As agreed, Parametrix performed extensive
testing of the beach sediments adjacent to the property - the results of this testing indicated that no further
sampling or cleanup was necessary for the beach sediments. Parametrix additionally conducted an
extensive review of the existing documentation related to contamination on the Former Chevron Property.
This assessment recommended two remediation alternatives for the property; a soil capping system
similar to the rest of Evergreen Park, and a soil capping system with an associated cutoff wall. The scope
of work included in the original PSA was based on these reports and discussions/agreements with the
Department of Ecology.
Subsequent to the City's purchase of the property, Ecology transferred administration of the Agreed
Order to their Headquarters group under the Governor's Puget Sound Clean-up Initiative. This group was
not consulted by Ecolohry's NWRO and did not agree with the recommendations of the NWRO. Since
November 2006, the City and Parametrix have been in numerous discussions with Ecology regarding
additional requirements for clean-up at the site. A cleanup work plan has been completed (dated
September 2007) that outlines sampling and cleanup activities to be performed. The work plan is the
basis for the Agreed Order, which is expected to be finalized in November 2007.
Initial clean-up activities at the Former Chevron Property will include a Remedial Investigation (RI) to
delineate the current extent of contamination at the site. The conceptual cleanup strategy of in-situ (in
place) treatment will be refined through a Pilot Test. The final remedial design and cost estimate will be
developed through a Feasibility Study (FS). The RI/FS results and remedial design will be summarized in
City of Bremer/on
..'/mendment No. j 10 PSA lI'ith Parametnx -. Council Summary
Novemher 2007
a technical memorandum for Ecology approval. RIIFS activities are anticipated to be substantially
completed in late 2007 through mid 2008.
Following implementation of the cleanup, including site excavations to remove source soil and multiple
chemical injections to treat remaining contaminants in place, a final RI/FS report will be developed and
submitted to Ecology. A Cleanup Action Plan will then be developed for incorporation into a second
Agreed Order for the site. (fthe cleanup is successful, the Cleanup Action Plan will largely consist of a
long-term ground water monitoring plan. Remedial Action is expected to be substantially completed in
2008, with groundwater monitoring and reporting being completed in late 2009.
Even!:reen Park Exoansion
The concept for the Evergreen Park Expansion has grown significantly from the original concept, which
consisted of a landscaped area with no above-ground structures. The currently-selected design for the
park expansion includes amenities such as a constructed pocket beach, a paved central plaza, and a
stage/shelter. These amenities were selected based on input received during our numerous outreach
events, including meetings with the Boardwalk Advisory Committee, the Bremerton Parks Commission,
and the Bremerton Rotary Club. This expanded concept represents an increase in design efforts.
Park design is currently ongoing. A 30 percent design is scheduled for submittal by the end of October
2007. The 30 percent design will be submitted to stakeholders for review, including permit review.
Permit review is anticipated to require 12 to 18 months. A 100 percent design will be developed
following completion of permit negotiations. It is anticipated that the 100 percent design will be
complete in May 2009.
Amendment Summarv and Costs
A detailed summary of the original tasks, increased scope, and proposed additional budget is provided in
the attached Table 1. The proposed total additional budget for all tasks is $413,000, bringing the total
project budget to $2,913,096. This Amendment additionally adds task 13.4 (Remedial Action Oversight
and Reporting), which provides all necessary professional services scope to complete the Remedial
Action work, including Construction Management.
O/y of Bremer/on
Amendment No. / /0 P."'.111'1I11 Parume/rix - COllnc1l ,"illmmary
Novemher ]()()7
Table 1. Bremerton Boardwalk Project
Amendment No.1 Summary
Proposed
Actual Work Performed Original Additional
Task Original Scope To Date Future Need Budget Budget
. Nine Boardwalk Advisory . Three Boardwalk Advisory Committee . One Event (i.e., $31,521 $28,000
Task 10.2- Committee meetings meetings Blackberry Festival)
Community . Three Open Houses . Three Technical Committee Meetings . 15 Meetings with
Outreach . 12 Meetings with Property . Two Open Houses Property Owners
and Public Owners . 20+ Meetings with property owners . Three Parks
Involvement . Four Newsletters/brochures . Three newsletters/brochures Commission
. Community Relations Plan . Community Relations Plan meetings, Three
. Website set-up . Website set-up Arts Commission
. Three presentations . Five Public Events (Two Blackberry meetings
. Suquamish Tribe Festivals, One Kitsap County Fair, One . Six Meetings with
Coordination/Presentations Armed Forces Day, One Design the Suquamish
Charette, One presentation to Olympic Tribe
College)
. Three Chamber meetings, One Arts
Commission meeting, Three Parks
Commission meetings, One Rotary
meeting
. Three Meetings with the Suquamish
Tribe
Task 13.1 - . Simplified Cleanup Action Plan . Remedial Investigation/Feasibility Study . Install 2 new $46,599 $220,000
Remedial for inclusion in single Agreed (RifFS), Interim Action, and Shoreline monitoring wells.
Design Order. Restoration Work Plan (60 pages plus . Sample 10 wells,
. 2-3 page work plan for appendices). 25 surface soil
groundwater monitoring as part . Conceptual planning for developing in- locations, 8 soil
of the Cleanup Action Plan. situ treatment remedial action borings, and 10
. Sample six existing monitoring approach. push probes for RI.
wells once. . SEPA checklist for RI/FS Work Plan. . Perform feasibility
. Prepare plans and specifications . Community Relations Plan for RI/FS study based on RI.
for simplified cap and cover Work Plan. . Perform Pilot Study
remedial system. Plans to . Eight meetings with City/Ecology design and
include uplands only. Plans not negotiating remedial action approach. implement to prove
to include Plumber's Building . Support for development of first Agreed selected in-situ
demolition. A maximum of Order. treatment
eleven plan sheets to be . Geo-coastal engineering studies and technology.
provided. preliminary design of new beaches and
(....,~~' F~,r Uren7.?rfnI1 protective headland.
Amendment No. 110 PSA with ParamelrL1:" Council Summary
lVovember lOO?
. Prepare letter report . Substantially completed 30 percent civil . Complete FS
summarizing groundwater and landscaping design of shoreline based on Pilot
sampling results restoration including bulkhead removal, Study results.
. Four meetings with City/Ecology. grading, beach placement, a riparian . Prepare technical
buffer, and sculpted shotcrete for memoranda
erosion control features. reporting RIIPilot
Study results and
final remedial
action design.
. Complete geo-
coastal studies and
beach design.
. Complete civil and
landscape design
of shoreline
restoration.
----~----~--
Task 13.3- . Develop three conceptual . Developed four conceptual designs . Complete park $57,905 $40,000
Park Design designs for upland portions of including upland and shoreline. design and plan
park. . Substantially completed 30 percent civil set. Plan set will
. Prepare plans for grading, and landscaping design of upland contain an
drainage, and landscape portions of park. Design features not in anticipated 29
architecture of upland portion of original scope include a central plaza, sheets, including
park. No above-ground seat walls, pervious pavements, demolition, grading,
structures included. A maximum lighting, demolition of the Plumbers paving,
of eight plan sheets to be Building, a stage/shelter, a trellis with architectural,
provided. interpretive displays, under- grounding furniture, planting,
. Four meetings held with City of power lines, a more robust irrigation, and
landscaping plan including native trees lighting.
and shrubs, and expansion of the
parking lot.
. Eleven+ meetings held with City.
Task 13.4 - . No scope, this is a new task. . No work performed. . Perform oversight $0 $125,000
Remedial of excavation of
Action "hot spots" of
Oversight contaminated soil.
and . Perform survey
Reporting support and
oversight of full-
scale treatment
implementation.
Cizr of f3remerlon
Amendment No.1 /0 PS4 lI'ill1 Parametrix-- lOUl/cil Summary
,Vovember 2007
. Provide
~rcheologist to
oversee
excavations for
identifying cultural
resources.
. Perform
confirmation soil
sampling of
excavation areas
and treated areas.
. Perform
groundwater
monitoring in ten
monitoring wells for
three events.
. Prepared RifFS
and Interim Action
Report.
. Prepare Cleanup
Action Plan as
basis for second
Agreed Order.
. Provide support for
negotiation of
second Agreed
Order.
Total Budget Amendment No.1
$413,000
City oj BremertOIl
Amelldl1lel/l Xo. 1 to PSA with Paramelrtx ~~ Coullcil Summary
November 2007
AMENDMENT NO.1
TO
PROFESSIONAL SERVICES AGREEMENT
FOR
BREMERTON BOARDWALK PROJECT
The City of Bremerton, Washington, (the "City"), and Parametrix, ("Consultant") have entered into
a PROFESSIONAL SERVICES AGREEMENT for the project identified as the as the Port
Washington Narrows Beach Sewer and Public Access Project, more commonly known as the
Bremerton Boardwalk Project.
This AMENDMENT NO.1 modifies the Scope of Work and Budget set forth in the AGREEMENT
dated May 9, 2006, as follows:
The Scope of Work shall be modified to add additional scope items as outlined in the attached
Exhibit A.
The Compensation for services shall be increased by $413,000 and the total fees under this
Agreement shall not exceed Two Million, Nine Hundred Thirteen Thousand and Ninety Six Dollars
($2,913,096.)
Except as herein modified, the terms of the AGREEMENT shall remain in full force and effect.
In WITNESS WHEREOF, the parties hereto have executed the AMENDMENT NO.1 to the
Professional Services Agreement the date and year indicated.
For Parametrix, dated this
day of
,2007.
By:
For the City of Bremerton, dated this
day of
,2007.
By:
Cary Bozeman, Mayor
DEPARTMENTAL APPROVAL:
Phil Williams, Director of Public Works and Utilities
APPROVED AS TO FORM:
City Attorney
RECEIVED FOR FILING:
Carol, Etgen, City Clerk
EXHIBIT A - SCOPE OF WORK
City of Bremerton
Bremerton Boardwalk
Amendment No.1 to Professional Services Agreement
This Scope of Work supplements the Professional Services Agreement (PSA) dated May 9, 2006.
Increases to the Scope of Work in the areas of community outreach, cleanup requirements for the Former
Chevron Property, and design of the Evergreen Park Expansion have made it necessary to amend the
original scope of work.
TASK 10.2 - PUBLIC INVOLVEMENT
Introduction
Obtaining public input and developing public support is critical to project success. Overwhelming public
support for the project has been achieved, however, further public forums are needed to inform the public
on project updates and maintain the positive public support. The project team continues to work closely
with the project stakeholders (property owners along Washington Avenue, the City Parks and the City
Arts Commissions, and the Suquamish Tribe) to understand their issues and obtain their input into the
planning and design process, potentially minimizing future obstacles to the project. Work under original
Task 10.2 is modified to include additional public forums and meetings with the project stakeholders.
Measurable Task Objectives:
Maintain and build upon the existing public support already obtained for this project and continue to work
closely with project stakeholders to identify and mitigate their issues of concern and obtain agreement to
avoid project obstacles.
Approach:
The following supplemental approach applies:
· Attendance at one (1) public event to disseminate project information and updates, and obtain
additional public support from written comment forms passed out at the event.
· Conduct up to fifteen (15) property owner meetings. Determine their concerns and explain how
the project may affect their property and use of the beach. Work with property owners to
determine landing locations and amenities located at these landings.
· Attendance at up to three (3) Parks Commission meetings and up to three (3) Arts Commission
meetings. Discussion with both groups allows the project team to incorporate their ideas into the
design and arch itectural features of the project.
· Attendance at up to six (6) meetings with the Suquamish Tribe. These meetings will be held to
discuss their issues and negotiate a mitigation strategy to minimize their concerns and objections
for this project.
eil)' '!l f3relllerlol1
I3rell1erlOl1l3oardll'a/k - Scope of Work
;:35- J 896-063
()cloher ;:007
Assumptio/l!i:
The following supplemental assumptions apply:
. Meetings may be held in the evening, weekends, or during a holiday weekend.
. Meetings with the Suquamish Tribe will follow a format agreed upon In the Memo of
Understanding negotiated between the Tribe and the City of Bremerton.
· The design team will provide basic supplies needed for meeting (easels, paper, pens,
refreshments, etc.).
Deliverables:
The following will be delivered:
. Minutes for each meeting.
. Meeting announcements and mailings, comment forms, directional signs, and sign-in sheets.
. The following are examples of graphics that may be prepared and reused and/or updated for each
meeting:
" Vicinity Map
~ Aerial photographs
~ Illustrative figures and hand-drawn illustrations
. Typical boardwalk and sewer sections suitable for public presentation.
. Plan and profile sheets, suitable for public presentation.
. Summary of comments received from the comment forms.
City Responsibility:
The City will be responsible for the following:
. . City will contact property owners and the Suquamish Tribe to set up meetings.
. The City will mail announcements to adjacent property owners and other interested parties.
CIf)' olHremC/'fon
Hrell1erfon BO(j/'(.hm/k - Scope C!l Work
2
235-/896-I)(jj
OCfoher 2()()7
TASKS 13.1 (REMEDIAL DESIGN), TASK 13.3 (PARK DESIGN) AND TASK 13.4
(CONSTRUCTION MANAGEMENT)
Introduction
This Scope of Work replaces Task 13.1 (Remedial Design), supplements Task 13.3 (Park Design), and
adds new Task 13.4 (Construction Management - Remedial Action Oversight and Reporting) to the
original Professional Services Agreement Scope of Work dated May 9, 2006. Work under original Task
13.1 is modified to include a full remedial design and feasibility study (RIIFS) Work Plan, investigation,
and remedial design, a significant increase in the originally-planned level of effort. Task 13.3 is
supplemented to include additional design effort needed for increased park scope. Task 13.4 is added to
provide for remedial action oversight, confirmation sampling, and reporting services.
The following is a summary of the tasks and the assumptions used to develop cost estimates for each task.
A cost breakdown by task is presented on the last page of this submittal.
Task 13.1 - Remedial Design/Feasibility Study, Pilot Test, and Shoreline
Restoration/Beach Design (replaces original task scope)
Goal:
Develop information to delineate the nature and extent of residual petroleum contamination on the
property for the purposes of designing a cleanup action. The cleanup action is referred to as an "interim
action" for the purposes of the project's Agreed Order, which was negotiated with the Washington State
Department of Ecology (Ecology).
Use the information obtained during the remedial investigation to select preferred chemical oxidation and
in-situ bioremediation technologies for site cleanup. Design and perform a pilot study to demonstrate the
chemical oxidation technology selected. Develop a final interim action design for implementation of the
preferred technologies.
Provide a design for shoreline restoration activities to include bulkhead removal and construction of new
beaches. This work supports site remediation and is eligible for reimbursement under Ecology's Remedial
Action Grant Program.
Approach:
The following activities are included in this task:
. Extended negotiations with Ecology to determine the extent of cleanup to be performed at the site
and to develop an Agreed Order for work to be perfonned under the task.
. Development of a draft and final RI/FS Work Plan.
. Procurement oflaboratory and drilling services.
. Installation of two (2) new monitoring wells.
. Sampling of soil and groundwater in ten (10) monitoring wells (including new and existing
wells), nine (9) soil borings, and ten (10) push probes for contaminants of concern (primarily
petroleum constituents).
ClI)' of Bremerlon
Bremer/on Bo(/n!1I'(/lk - Scope '<l Work
3
]35-189fi-063
October ]007
. Conducting a surface soil screening investigation at 25 locations. Colkct up to ten (10) surface
soil samples and analyze for contaminants of concern.
. Evaluate remediation technologies based on sampling results, select preferred technologies based
on effectiveness and cost, and develop pilot study program.
. Prepare a Technical Memorandum ('I'M) describing the pilot study program.
)> This TM will be submitted to the City and Ecology for approval.
. Procure laboratory and drilling services for pilot study and implement pilot study. Program will
include an initial two treatment events with a follow-on contirmation sampling event. A third
treatment event and second follow-on confirmation sampling event may occur.
. Incorporate data from pilot study and finalize design for an interim action, assumed to include
limited "hot-spot" removal and chemical in-situ treatment of the soil and groundwater
contaminants
. Prepare a Technical Memorandum summarizing the pilot study results and the final interim action
design. Interim actions may include excavation of contaminated soil "hot spots".
-, This TM will also be submitted to the City and Ecology for approval.
. Incorporate data from pilot study and finalize design for interim actions.
. Conduct geo-coastal engineering studies to develop design recommendations for a new pocket
beach including beach profiles, grains-size distributions for beach nourishment sands and gravels,
and a hardened headland to protect the pocket beach.
. Incorporate the geo-coastal engineering recommendations and prepare 30%, 90%, and final
design of shoreline restoration and beach construction. Design plans will be incorporated with
plan set developed under Task 13.3 Park Design.
Assumptions:
The task budget is based on the following assumptions.
. For the draft and final RI/FS Work Plan, two hardcopies will be submitted to the City and
Ecology. One of the hardcopies will be unbound for ease of copying.
. Only one round of comments from the City and Ecology will be required to finalize the RI/FS
Work Plan.
. For the draft and final pilot study and interim action design TMs, two hardcopies will be
submitted to the City and Ecology.
. Only one (I) round of comments from the City and Ecology will be required to finalize the TMs.
City o/Bremerton
Bremer/un Boardll'a/k -- Scope of Work
./
235-/896-063
October ]O(J 7
DelilTerables:
The following deliverables will be submitted under this task:
. Draft and final Community Relations Plan (for the Agreed Order).
. Draft and final SEPA Checklist (for the Agreed Order).
. Draft and final Work Plan for RIIFS, Interim Action, and Shoreline Restoration.
. Draft and final pilot study TM.
. Draft and final interim action design TM including up to three drawings to support the interim
action (e.g., layout of injection points, grading permit).
. Design of removal of derelict and failing structures along the beach, and all beach re-grading and
restoration.
Task 13.3
Park Design (supplements original task scope)
Goal:
Provide for additional design effort required for new park features not included in the original scope.
Incorporate design plans originally included in Task 13.1 into a single plan set for the entire park
expansIOn.
Approach:
The following activities are included in this task:
. Provide 30%, 90%, and final design for the park expansion. New park features include a central
plaza, seat walls, pervious pavements, lighting, demolition ofthe Plumber's Building, a
stage/shelter, a trellis with interpretive displays, expanded parking, a new stormwater treatment
swale, and a more robust landscaping plan using native trees and shrubs.
Assumptions:
The task budget is based on the following assumptions.
· The City will perform over the shoulder review of work in progress prior to the 90% submittal
and provide one set of comments on the 90% submittal for use in preparing the final plans.
. Plan sets will be delivered for the 90% and final (for bid) plans and specifications only.
· Specification format and front end administrative sections will be provided by the City.
. A maximum of27 plan and detail drawings will be required, including:
,
Cover sheet
City olRremer/on
Bremer/on 8oari/1I'{i/k .. Scope (!l Work
5
235.1896.063
October 2007
r Legend, abbreviations, and notes
r Site preparation and TESC Plan and Details (2 sheets)
;, Grading and Drainage Plan, Sections, and Details (4 sheets)
>- Site Plan, Sections, and Details ( 2 sheds)
;, Plaza Plan, Sections, and Details (2 sheets)
;, Planting Plan and Details (2 sheets))
.,. Irrigation Plan and Details (2 sheets)
>- Site Furniture Details (1 sheet)
.,. Lighting Plan and Details (2 sheets)
;, Architectural and Structural Plans and Details ( up to 8 sheets)
Deliverables:
The following deliverables will be submitted under this task:
· Three (3) hardcopies of the 90% plans and specifications for City Review.
· Six (6) electronic and hardcopies ofthe final plans and specifications.
. Stormwater Management Report.
· 30%,90% and Final Technical Memorandum on the engineer's estimate of probable cost for
construction.
. Bid Package.
Task 13.4
task}
Construction Management - Remedial Action Oversight and Reporting (new
Goal:
Oversee interim action implementation, perform confirmation soil and groundwater sampling to assess
effectiveness of interim actions, develop a RIIFS Report, develop a Cleanup Action Plan, and negotiate
with Ecology to develop a second Agreed Order for the site.
Approach:
The following activities are included in this task:
· Oversight of interim action excavation activities and beach construction.
City (!f Bremerton
Brelllerfon Boardwalk - Scope (!I'Work
6
235-1896-063
October 2007
. Oversight of interim action excavation activities and beach construction archaeologist for
purposes of identifying cultural resources.
. Collection and analysis of confirmation soil samples from the excavations and soil stockpiles.
. General oversight and technical sUPPOtt of chemical oxidant and oxygen releasing compound
(ORC) injections.
. Collection and analysis of soil samples to confirm soil contaminant reduction resulting from the
in-situ treatment.
. Groundwater monitoring for three events to confirm groundwater contaminant reduction. Events
will be performed at 6-, 9-, and 12-months following the ORC injection.
. Development of a draft and final RI/FS Report describing all activities performed to date
including: RI sampling results, pilot study results, selected technologies, interim actions
performed, and confirmation sampling results. Report will also contain an analysis of the
effectiveness of the interim action and recommendations for future work including long-term
groundwater monitoring.
. Develop a draft and final Cleanup Action Plan (CAP) for incorporation into a second Agreed
Order for the site. The CAP will describe activities to be performed at the site as follow-on to the
interim actions previously performed. If the interim action is successful, the CAP will consist
primarily of a long-term groundwater monitoring plan.
Assumptions:
The task budget is based on the following assumptions.
. Soil excavations will be conducted by City or City-contracted crews.
. Parametrix will provide only general oversight and technical support for chemical oxidant and
ORC injection activities. Full-time supervision of these activities will be provided by a City
inspector.
. For the draft and final reports (RI/FS Work Plan and CAP), two (2) hardcopies will be submitted
to the City and Ecology. One (I) of the hardcopies will be unbound for ease of copying.
. Only one (I) round of comments from the City and Ecology will be required to finalize each
report.
DeliJ'erables:
The following deliverables will be submitted under this task:
. Draft and final RIIFS Report.
. Draft and final Cleanup Action Plan.
CII)' of Bremerfon
Srell/erfort Boardwalk. Scope ol Work
7
;: 35-1896-063
October 2007
EXHIBIT B
Schedule
TASK 13.1
The duration for the RIIFS and pilot test tasks is expected to be on the order of eight months. The RIIFS
Work Plan public comment period will occur between October 15 and November 15, 2007. It is
anticipated the task will begin in November 2007 following the public comment period and be completed
by June 2008. This activity may be delayed by the City pending Department of Ecology allocation of
reimbursement funding to the project.
TASK 13.3
The 30% park design will be completed by November 1,2007, at which time it will be submitted with the
shoreline permit (JARPA) package. JARPA review and negotiation may require 18 months. The 90%
design submittal will be completed within 30 days of receipt of final JARPA review comments. Park
construction is anticipated to occur in 2010.
TASK 13.4
Assuming immediate allocation of reimbursement funding by the Department of Ecology, this task will
be initiated upon approval of the interim action TM. Implementation of the in-situ treatment interim
action may require five months. Confirmation soil and groundwater sampling will be completed within 1
year following completion of treatment. A draft RI/FS Report will be provided within four weeks of
completion of confirmation sampling. Assuming a two-week review period, a final RI/FS Report will be
provided within four weeks of the draft submittal. Draft and final Cleanup Action Plans will be submitted
within the 4-week period following submittal of the final RIfFS Report. Total duration for the interim
action implementation, RIfFS reporting, and cleanup action planning tasks is anticipated to be nineteen
months, with completion in late-2009. Delays in Ecology's dedication of reimbursement funds to the
City will result in delays in these activities.
Beach construction is anticipated to occur in 2010 and 2011 during the open fish window (July 15
through January).
Cay o/Bremer/on
Bremer/on BoarJmllk m Scope of Work
8
:l 35- J 896-063
October :l007
EXHIBIT C
Budget
TASK 10.2
The budget for this task is being increased by $28,000.
()riginal Budget ...................................... ............................................................ ................... $31,521
New Budget................................................................................................................ ........... $59,521
TASK 13.1
The budget for this task is being increased by $220,000
Original Budget................................. .................... ............ ....................... ....... ........... ........... $46,599
New Budget.. ..... .... ............ .... .... ... ..... ...... ... ... .... ............. ... .... ..... .... .... ... ..... ...... ... ........ .... .... $266,599
TASK 13.3
The budget for this task is being increased by $40,000
Original Budget....................................................................................... ..... ......................... $57,905
New Budget....... ......... ....... ......... ............ ......... ......... ........... .... ... ... ......... ....... ... ... ... ....... ... ..... $97,905
TASK 13.4
This is a new task
Construction Management - Remedial Oversight and Reporting .......................................$125,000
TOTAL ............................................................................................................................................ $413 ,000
City (!lBrt'lIler/on
Bremer/on Boordwolk- Scope of Work
9
135-1896-063
Oc/oher 2007
V\~=\E8 .-A
.;. ~
\'0 . ~i
Chair
Mayor Kim Abel
City of Port Orchard
Vice-Chair
Council Member Carol Arends
City of Bremerlon
Commissioner Jan Angel
Commissioner Steve Bauer
Commissioner Josh Brown
Kitsap County
Mayor Cary Bozeman
Council Member Will Maupin
Council Member Nick Wofford'
City of Bremerton
Mayor Darlene Kordonowy
Council Member Bill Knobloch
Council Member Nezam Tooloee'
City of Bainbridge Island
Council Member Carolyn Powers'
City of Port Orchard
Mayor Kathryn Quade
Council Member Ed Stern ·
City of Poulsbo
Council Chair Leonard Forsman
Rob Purser'
Suquamish Tribe
Council Chair Ron Charles
Doug Quade, CEO'
Port Gamble S'Kfallam Tribe
Commissioner Mary Ann Huntington
Commissioner Cheryl Kincer'
Port of Bremerton
Captain Reid Tanaka
Tom Danaher, PAO'
Naval Base Kitsap "
Mary McClure
Executive Director
· alternate
· · non-voting member
25406 S. Kingston Road
Kingston, W A 98346
360-377-4900 (voice)
360-297-7762 (fax)
www.kitsapregionalcouncil.org
Kitsap Regional
Coordinating Council
November 6,2007
RE: FY 2008 Economic Development District Grant -
Bremerton Boardwalk Project
Dear Puget Sound Regional Council;
The Bremerton Boardwalk is a landmark project, and will serve as a catalyst for the
development of high quality jobs and increased tourism for both the City of Bremerton
and the entire Kitsap County Region. As the local council of governments in Kitsap
County, the Kitsap Regional Coordinating Council is proud to designate the
Bremerton Boardwalk Project as its Number 1 Priority in competition for Economic
Development District Grant Funding.
Bremerton's project consists of three main components: (1) the remediation and
redevelopment of a contaminated property into an extension of a regional park, (2) the
timely replacement of a failing sanitary sewer line that has threatened the ecological
health of the Puget Sound, and (3) the construction of a public, over-water boardwalk
which will increase public water access for residents and visitors alike while
facilitating proper sewer maintenance.
A recently-completed study of the economic impacts of the Boardwalk Project
indicates that it will directly generate approximately 160 full and part-time jobs and
$6.2 million in wages for workers in Bremerton and Kitsap County during its
construction phase. After eight years, positive impacts of the Project include a $15 to
$40.8 million increase in economic activity, a $5.2 - $14.3 million increase in wages,
and the creation of an additional 245 - 670 full and part-time jobs in the City of
Bremerton. In the greater Kitsap County region, the project will affect an additional
$9.4 - $25.7 million in economic output, $2.1- $5.8 million in wages, and 174 - 480
full and part-time jobs.
The overall objective of the project is simple; to further Bremerton's revitalization and
its transformation into a thriving urban community. There is little doubt that an
accessible boardwalk creating a link between the Louis Mentor boardwalk, the
Washington State Ferry terminal, the Harborside District, the expanded Evergreen
Park and surrounding residential areas, will help to achieve that objective.
Bremerton's revitalization is setting the standard for progress in Western Washington;
defining the City as a unique, welcoming, and accessible waterfront community. This
project has the potential to become the embodiment of Bremerton's future and a
landmark for Western Washington.
The Bremerton Boardwalk is a completely unique project and we are excited about the impact this project
will have in defining Bremerton's community, and the County's future.
Sincerely,
I IJ
l0/wv ~r
Kim Abel
Mayor of Port Orchard
Chair of the Kitsap Regional Coordinating Council
Kitsap Regional Coordinating Council
Page 2
DATE SUBMITTED: BILL # ---117 - ;2 7 d--.
AGENDA BILL
CITY OF BREMERTON tL.\/
CITY COUNCIL , ~
........................................................................................
SUBJECT: Passage of a resolution NO I 3040
approving a portion of the West Hills Final
Plat and Planned Unit Development. This
phase includes lots 1-9 of the Wright Creek
Business Park.
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
November 14, 2007
November 26: 2007
DCD
Nicole Ward
473-5279
SUMMARY: The action before City Council is to approve a portion of the West Hills Final Plat and
Planned Unit Development (PUD). This phase includes lots 1- 9 of The Wright Creek Business Park.
The Council previously took action on this project by passing Resolution No. 2599 in May of 1997
. which granted Preliminary Plat and PUD approval for the approximately 270 acre site, this proposal
will grant final approval for approximately 20 acres for industrial use. The applicant has met all of
the conditions of the Preliminary Plat and PUD approval for this phase and therefore the City
Engineer and Community Development Director are recommending Final Plat and PUD approval.
ATTACHMENTS:
(1) Proposed Resolution No,3V10granting Final Plat and PUD approval for lots 1 - 9 ofthe Industrial
portion ofthe site
(2) Staff Memorandum with map
(3) Preliminary Plat and PUD approval Resolution 2599 - May 1997
FISCAL IMPACTS (Include Budgeted Amount):
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA 9(
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to pass Resolution No. 304Dapproving a portion of the West
Hills Final Plat and PUD which includes lots 1-9 of the Wright Creek Business Park and authorizing
the City Council President to sign the mylar.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
RESOLUTION NO. 3D~O
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving a portion of the West Hills
Final Plat and Planned Unit Development (PUD), File Number
BP07-00078.
WHEREAS, on May 14, 1997, the City Council passed Resolution No. 2599
granting Preliminary Plat and PUD Approval for the "West Hills" development which includes
approximately 200 acres for residential uses and approximately 60 acres for industrial uses; and
WHEREAS, this portion of the Final Plat and PUD consists of approximately 20
acres ofthe Industrial portion of the plat encompassing lots 1 - 9 of the "Wright Creek Business
Park"; and
WHEREAS, all conditions set forth in the Preliminary Plat and PUD approval for
this section have been met and the Final Plat and PUD approval is requested; NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Lots 1-9 of the Wright Creek Business Park within the West Hills
Final Plat & POO, as depicted on Exhibit A attached hereto and incorporated by this reference,
are hereby approved.
SECTION 2. The City Council President is hereby authorized to sign the Mylar.
SECTION 3. Severa b ilitv. If anyone or more sections, subsections, or sentence
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Resolution and the same shall remain in full force and
effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
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
CAROL ETGEN, City Clerk
1
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Attachment II
RESOLUTION NO.
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RESOLUTION ACCEPTING THE PRELIMINARY PLANNED UNIT
DEVELOPMENT "West Hills", located within the area generally bounded by:
Pendergast Park on the north; Third Avenue on the east, and unincorporatec
Kitsap County on the south.
WHEREAS, POPE RESOURCES, proponent for the proposed West Hil:s
Planned Unit Development, comprising approximately 270 acres and locatee
within the West Hills area within the City of Bremerton, has made application fer
approval of a Preliminary Planned Unit Development and
WHEREAS, an environmental checklist has been prepared and
considered by the responsible official and a mitigated determination of
environmentcl nonsignificance issued, and
WHEREAS, the Planning Commission held a public meeting concerning
this matter on April 15, 1997; and
WHEREAS, the Planning Commission recommended to the Council thcT
the "West Hills" Preliminary Planned Unit Development be accepted subject tc
certain condit;ons; and
WHEREAS, the Bremerton City Council held a public hearing on May 14,
1997, concerning the preliminary Planned Unit Development with mitigating
conditions; now, therefore
BE IT RESOLVED BY THE BREMERTON CITY COUNCIL
That tr,e "West Hills" Preliminary Plan Planned Unit Development presentee
for approval is hereby accepted subject to the following conditions:
1. Earth: Implement a temporary erosion and sedimentation control plan (TESCP)
as approved by the City. Obtain NPDES Construction Activity permit.
2. Air: Implement erosion control measures as approved by the City. Minimize
area of exposed soil during construction or demolition; hose debris during
demolition; construct truck tire cleaning area; cover dump beds as required by
state law; cover stockpiled earth and exposed cuts; employ best management
practices; periodically wet sweep streets. Comply with PSAPCA Regulation 1,
Section 9.15 requiring reasonable precautions to avoid dust emissions.
3. Suriace. Ground, and Runoff Water Impacts: Locate suriace parking areas on
industrial sites in accordance with City codes. Implement HPA permit
conditions, NPDES Construction activity conditions, NPDES Industrial Activity
conditions, as well as applicable local, state, and federal water quality
guidelines. Use existing water reservoir containment area (formerly Water
Reservoir #3) for stormwater quality and storage and construct one additional
stormwater facility in southeast corner of site.
4. Plants & Animals: Use landscape plants to provide replacement vegetation on
the site. Incorporate street landscaping into project. Make submittal of
landscape plan prior to Final Approval of PUD. Implement HPA permit
conditions. Implement wetland and stream buffer requirements along Wright
Creek to meet Bremerton Critical Lands Ordinance.
5. EnerQY & Natural Resources: Conform with applicable City and State energy
code requirements. Create new roadways as proposed to minimize auto energy
use.
6. Environmental Health: Property owners to comply with applicable local, state, or
federal law regulating the storage, handling, or use of hazardous materials,
including NPDES-Industrial permit program. Develop codes, covenants and
restrictions (CC&R) for individual industrial lots consistent with applicable
environmental health permit requirements to insure permit compliance by
applicant after sale of lots.
l. Land Use: Create new industrial site space as proposed.
8. Housina & Land Use Planninq: Incorporate existing zoning for industrial sites
under current zoning. Expand industrial sites by rezoning of 31 acres for
additional industrial sites. Create future development phase for approximately
450 additional housing units located on 209 acres. Create open space adjacent
to Wright Creek and stormwater facility area, with at least 15% open space,
excluding landscape setbacks and wetlands.
9. Aesthetics: Conform to City zoning with regards to height and bulk as applied
through PUD process. Preserve views to Wright Creek from public right of way.
Comply with City's Design Review standards.
10. Liqht and Glare: Design lights within PUD site so as to not create off-site glare.
11. Recreation: Create pedestrian walkway within PUD to connect Pendergast park
site with Third Street right of way. Provide pedestrian connection from PUD
property to pedestrian walkway within Pendergast Park at location approved by
City Parks Dept.
12. Cultural and Archeoloqical: Notify SHPO if archeological resources are identified
during construction.
13. Transoortation
a) All internal streets designed and constructed in conformance with the
most current City Street Standards and Standards for 'Nork in the Right of
Way prior to Final PUD approval.
b) Prior to final plat approval of PUD Phase 1, payment of fair share
contribution to Werner Road corridor improvements the larger amount of;
i) ten (10%) percent of city approved cost estimate of SR30verpass
widening plus fifteen (15%) percent of city approved cost estimate
of the Interim Werner Road corridor improvements west of SR3 as
defined in Werner Road/Loxie Eagans Blvd. Traffic Operations
Study Final Report (Parametrix, 3/97) or
ii) City approved cost estimate of intersection improvements at Union
Avenue & Werner Road including traffic signal, curb & gutter,
sidewalk, illumination and all pavement widening to mitigate project
traffic impacts and maintain Level of Service 0 for intersection.
c) A mutually satisfactory surety, valid for three years, may be provided to
meet the condition b) above. The surety, or a portion thereof, will be
redeemable for construction of any Werner Road improvements at the
discretion of City Engineer. The following may occur at end of three years;
i) Construction of alternative b. ii.) above and difference between
b.i.) and b.ii.) provided to City to pay for remaining improvements
to Werner Road corridor,
ii) extension of surety by mutual consent,
iii) deposit of funds with City for construction of Werner Road
corridor,
iv) a separate, mutually agreeable disposition of funds acceptable to
City Engineer.
d) Provide intersection improvements at Union AvefThird Ave and/or traffic
calming devices on Roosevelt Blvd. to facilitate north/south movement
and discourage cut-through movement on Roosevelt Blvd. The final
design shall be subject to approval by City Engineer.
e) vVestside Third Ave frontage improvements (pavement widening, curb &
gutter, sidewalk, drainage and illumination) Construct right turn pockets
as required for southbound access at both Third Ave/access road and
Union Ave/Pendergast park access road locations.
f) Provide tee intersection at Pendergast Park access road and industrial
park access road upon construction of PUD Phase" . Evaluate existing
Pendergast Park access road pavement and structurally reinforce
pavement section as necessary for anticipated truck traffic.
g) Improve Pendergast park access road upon development of the PUD
residential component including curb & gutter, sidewalk, drainage and
illumination.
h) Dedicate right-of-ways for adjacent properties to the west of upon
preliminary plat application of PUD residential component.
i) Provide access to Werner Road at northwest corner of PUD site upon
preliminary plat application of PUD residential component, if required by
City.
j) Provide transit sef\lices and bus pullouts as required by Kitsap Transit.
k) Provide street lighting on aI/ city streets within PUD, to meet city
standards.
I) Pay for aI/ traffic control regulatory signs and pavement striping provided
by City of Bremerton, on time and materials basis, for aI/ PUD roads and
access.
14. Public Sef\lices: Coordinate supply of utility services with Puget Sound Energy
(natural gas & electricity), US West, and City to minimize disruptions.
15. Utilities Improvements:
a) Provide water and sewer utilities in conformance with Conditional Sewer
and water Availability Letter.
b) Design water and sewer in conformance with Utilities Development and
Construction Standards. Provide sizing calculations for all water and
sewer main extensions. Locate all utility mains in right-of-way or
dedicated easement.
c) Conform with DOE Stormwater Management Manual for the Puget Sound
Basin. The project must address all stormwater quantity, runoff treatment
and erosion control impacts as outlined in the manual.
d) Stormwater Tracts B & F may be dedicated to the City provided that the
City shall conduct all future maintenance and that individual lots shall not
be eligible for the stormwater utility rate credits after project develops.
Property in the City limits of Bremerton included in this Preliminary Planned Unit
Development is described as follows:
LEGAL DESCRIPTION:
Sections 21, 28 , 29 Township 24 North Range 1 East, WM as recorded in the fol/owing
tax lots: 212401-3-004-2002; 212401-3-003-2003; 292401-1-018-2002; 282401-1-077-
2001; 202401-2-005-1006, measuring approximately 270 acres
PASSED by the City Council this /-iti) day of May, 1997.
. -
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DAVID FARR
President, City Council
APPROVED this d-o
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ATTEST:
~N~~City Clerk
day of May, 1997.
LYNN HORTON, Mayor
Attachment II
MEMORANDUM
CITY OF.,"
BREMERTON
Department of Community Development
345 61h Street. Suite 600 * Bremerton, 1YA 98337-1873
Phone: (360) 473-5275
Fax: (360) 473-5278
DATE: November 7, 2007
TO: BREMERTON CiTY COUNCIL
FROM: Nicole Ward, Current Planner
SUBJECT: West Hills Final Plat and Planned Unit Development (BP07 00078)
The City Council adopted resolution number 2599 in May of 1997 approving the Preliminary Plat and
Planned Unit Development (PUD) for West Hills. In granting this approval, the City Council found that
the application for Preliminary Plat and PUD was consistent with the Comprehensive Plan, and
confom1ed to all applicable City development regulations, standards and design guidelines. The next
step in project approval is the passage of a resolution to grant Final Plat and PUD approval for a portion
of the site. The applicant has chosen to approach the Final Platting with a phased approach. The
industrial section of the project will be brought forward in two phases. Lots 1 - 9 are being brought
forward at this point and lots 10 - 24 will be brought forward in the near future.
Pursuant to BMC 20.12 Final Plat approval requires findings of compliance to all tel111S of the
Preliminary Plat Approval, and that the said plat meets all local and state laws and ordinances. The
Preliminary Plat approval included 15 conditions necessary for Final Plat Approval. The City staff
reviewed the Final Plat and found it in compliance with all requirements. The City Engineer and the
Community Development Directors signature on the mylar drawing containing the Final Plat attest to
this review for compliance. Should the City Council agree with the staff s review, it is recommended
that the Council authorize the City Council President to sign the mylar containing the Final Plat so that it
may be recorded with the Kitsap County Auditor's office. The City Council will grant approval for the
Council President to sign the Mylar by passing the proposed ordinance attached to this agenda bill. If
you have any questions, contact me at 473-5279.
DATE SUBMITTED: Novcmber). 2007
BILL # 07- J;]3
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Lfl
................................s...........................................................
SlJ BJ ECT: Parking Agreement with the
Doctors Clinic
Committee Meeting Date: November 14, 2007
COUNClL MEETING Date: November 28, 2007
--~---~
Depar1ment: _ Finance __~
Presenter: Carol Etgen
Phone: 473-5323
SUMMARY: The City contracted with the Doctors Clinic to provide parking spaces in the City's
parking garage at 451 Washington Street in 1997. The original contract has expired, and the Doctors
Clinic has requested the agreement be renegotiated. They have agreed to pay current market rate less
25% per space (currently $71.25 per space) for 75 spaces. The contract is for a five-year period.
ATTACHlVIENTS: Parking Agreement.
FISCAL IMPACTS (Include Budgeted Amount): $5,343.75 in parking revenue annually and
adjusted with Market Rate changes when implemented by the City. Due to the current parking garage
capacity it is to the City's benefit to lock in the revenue for these spaces at the discounted price.
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
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COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA ~
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Parking Agreement with the Doctors Clinic for
75 parking spaces in the City's parking garage at 451 Washington Street.
COUNCIL ACTION: 0 Approve D Dcny D Table
o Continue 0 No Action
PARKING AGREEMENT
THIS PARKING AGREEMENT is entered into by and between the CITY of
BREMERTON, a municipal corporation organized 'and existing under the laws of the State of
Washington, (hereinafter referred to as the "City"), and DOCTORS CLINIC (hereinafter
referred to as the "Licensee").
\VITNESSETH:
1. PREMISES: City is the legal owner of the Municipal Parking Garage located at 451
Washington.
The City hereby grants to Licensee permits for 75 parking spaces in the Municipal
Parking Garage for the uses and purposes described herein.
2. USES AND PURPOSES: Licensee shall have the use of the premises for the purpose
of parking motor vehicle(s) in the seventy-tive (75) spaces for employee parking. Such vehicles
shall be parked one vehicle per space and such vehicle(s) shall be parked entirely within the
parking space licensed.
Notwithstanding any other provision herein, the Licensee shall not enter into any other
sublicense of the premises or any portion thereof or any assignment of any interest in this
Agreement whether long or short term in nature, or engage in any activity with respect to or on
the premises other than the express use(s) and purpose(s) stipulated herein, without obtaining the
prior written authorization therefore from the City.
3. TERM: The term of this Agreement shall be for a period of five (5) years from the
date of execution. However, Licensee shall have the option to terminate this Agreement at any
time with ninety (90) days written notice to the City. City shall have the option to terminate this
Agreement as follows: 1) with ninety (90) days written notice to the Licensee in the event the of
a major repair or improvements to the garage structure by City, 2) immediately in the event of
major damage or destruction of the garage structure, or 3) upon breach of this Agreement by
Licensee and failure to cure following (30) days written notice to cure said default.
4. COMPENSATION: Licensee shall make payment to City monthly in advance before
the first day of each month as follows: the current market price per space which is the current
rate advertised by the City for general public parking in the premises less 25% - currently
$71.25 per space. The actual number of spaces licensed may fluctuate, however if the rate for
the remaining spaces will continue to be market rate less 25%.
5. NOTICES: All notices and payments to be given by either of the parties hereto to the
other party shall be in writing and may either be delivered personally or may be deposited in the
United States Mail, postage prepaid, as either certitied or regular mail addressed as specitied
below.
Page 1 of 2
City:
City of Bremerton
City Clerk
345 6th Street
Bremerton, W A 98337
Licensee:
Doctors Clinic
2512 Wheaton Way
Bremerton, W A 983 10
RELATIONSHIP: In no event shall the City be construed, or held to have become in
any way or for any purpose a partner, associate or joint venturer of the Licensee or any party
associated with the Licensee in the conduct of the Licensee's business or otherwise.
MISCELLANEOUS: This Agreement constitutes the entire agreement and
understanding of the parties, and supersedes all other agreements. There are no representations or
understandings of any kind not serforth herein. Any amendments to this Agreement must be in
writing and executed by both parties.
CITY OF BREMERTON
DOCTORS CLINIC
By:
By:
Title:
Title:
Date:
Date:
Approved as to form:
City Attorney
Attest:
City Clerk
R:\LEGAL\Contracts\Doctors Clinic Parking AgreemenLdoc
Page 2 of 2
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL # 07--;;L 7-+
DATE SUBMITTED: November 8, 2007
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........................................................................................
SUBJECT: Professional Services
Agreement with Ed Faulk Operations, LLC
for superintendent services at Gold Mountain
Golf Club
Committee Meeting Date: November 14,2007
COUNCIL MEETING Date: November 28, 2007
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: The proposed professional services agreement is a two year agreement with Ed Faulk
Operations, LLC, which provides for maintenance and improvement of the clubhouse grounds and
surrounding areas at Gold Mountain Golf Club.
ATTACHMENTS: Proposed Professional Services Agreement
FISCAL IMPACTS (Include Budgeted Amount): The Superintendent will receive $771,264 in
2008. In 2009, compensation will be within the range of$778,976.64 and $802,114.56.
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Professional Services Agreement with Ed
Faulk Operations, LLC for superintendent services at Gold Mountain Golf Club and authorize the
Mayor to finalize and execute the agreement with substantially the same terms and conditions as
presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
PROFESSIONAL SERVICES AGREEMENT
Greens Superintendent
THIS AGREEMENT is between the CITY OF BREMERTON, a municipal corporation
(hereinafter referred to as "City") and ED FAULK OPERATIONS, LLC., a Washington
limited liability corporation, (hereinafter referred to as "Contractor").
WHEREAS, the City is the owner of Gold Mountain Golf Club, which ownership
includes the land upon which said golf complex is located, the buildings and other improvements
which are a part thereof; and
WHEREAS, the Gold Mountain Golf Club consists of two 18 hole golf courses, the
Olympic and the Cascade course, ("Golf Courses" or "Courses"), a driving range, the clubhouse
and other related facilities and structures, collectively also referred to herein as ("Golf Club")
WHEREAS, the City previously entered into an agreement with Ed Faulk, Contractor's
principal ("Principal"), for greens maintenance and related services at the Golf Club; and
WHEREAS, the current agreement between the City and Contractor for these services
expires December 31,2007; and
WHEREAS, the City desires to enter into a new agreement with Contractor for greens
maintenance and related services at the Golf Club;
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
parties agree as follows:
1. Scope of Work: The City hereby agrees to retain the Contractor to maintain and
improve the Golf Club as follows:
a. The Contractor shall maintain and improve the Golf Club grounds, to
include clubhouse grounds and surrounding areas, which will meet or exceed the standard in the
industry for public courses in the Puget Sound region, and as more thoroughly specified in
Exhibit A.
b. The Contractor shall devote its attention and energy on a full time basis to
the performance of duties as Greens Superintendent for the City during the term of this
agreement. Contractor and its employees shall conduct themselves at all times and in all matters
in accordance with the standards accepted for Greens Superintendents. The Contractor's
Principal is required to be a member of the Golf Superintendent's of America, the Western
Washington Golf Course Superintendent's Association, and the Northwest Turf Grass
Association.
PROFESSIONAL SERVICES AGREEMENT - 1
Greens Superintendent
c. The Contractor shall report directly to the Director of Parks and
Recreation or assigned designee ("Director") and work closely with the Golf Professionals who
manage the golf operations of the Golf Club. The Contractor and Golf Professionals shall
mutually agree upon the open and start of play daily, with the Director resolving any conflicts. In
all instances, the start time will be set to maximize the Golf Club's availability to the public.
d. The Contractor's Principal shall attend all meetings of the Gold Mountain
Golf Complex Board of Directors. The Contractor may recommend and submit changes in
policies and procedures to the Golf Complex Board at any regular meeting.
e. The Contractor shall maintain a good credit rating in all commercial
transactions so as to not discredit the reputation or name of the City of Bremerton.
f. The Contractor shall supervise, direct, and train its staff to perform the
duties and meet the requirements specified in Exhibit A.
g. The Contractor's Principal agrees to be available to attend regular and
special meetings of the Parks and Recreation Commission, and City Council, and shall be
prepared to discuss issues and ideas of interest to the Contractor and City.
h. The Contractor will comply with all auditing and accounting requirements
set forth by the City. The Contractor's books and records will be open to inspection at any time
during normal business hours.
2. Term: This Agreement will commence on January 1, 2008 and terminate on
December 31, 2009.
3. Performance: The Contractor shall supervise and direct the work as provided for
in this Agreement, using its best skills and attention. From the perspective of grounds safety and
turf condition, the Contractor shall have the sole authority to declare when the courses are open
for golf play and when golf carts will be allowed on the courses. Any maintenance practices or
renovation projects that would disrupt play will be mutually agreed upon by the Contractor, Golf
Professionals and Director. The Contractor shall be solely responsible for the means, methods,
techniques, sequences and procedures for coordinating all portions of the work contemplated by
this Agreement.
4. Compensation: The Contractor will be paid seven hundred seventy-one
thousand two hundred sixty four dollars and NOIlOO ($771,264.00) for the services described
herein for 2008. For 2009, Contractor will be paid seven hundred seventy-eight thousand nine
hundred seventy-six dollars and 64/100 ($778,976.64), a one percent (1 %) increase from 2008.
However, the Director is authorized, in his discretion, to negotiate a further increase in the
compensation for 2009 by an additional amount not to exceed three percent (3%). The fiscal
standing of the Golf Club at year end 2008 may influence this negotiation, notwithstanding the
performance of the Contractor. Annual compensation will be paid in 24 equal installments.
These installments will be made twice monthly on a mutually agreed schedule. The parties
PROFESSIONAL SERVICES AGREEMENT - 2
Greens Superintendent
acknowledge and agree that, except as otherwise provided for 111 this agreement, this
compensation covers all the Contractor's costs of operations including:
a. Labor costs including, but not limited to, medical coverage for
Contractor's employees, payroll, insurance, L&I, Board Expenses, dues, laundry, and
travel.
b. Taxes and fees including, but not limited to, retail sales, state and local
B&O, federal income, social security, and unemployment, and
c. Other costs and expenses related to Contractor's operations under this
Agreement at the Golf Club.
5. Agreement Opener: In the event of extraordinary circumstances, such as major
capital improvements to the facilities or a major tournament, requiring the Contractor to perform
significant additional work, the parties may revisit the compensation set forth in Section 4 above
and negotiate additional compensation for the additional work pursuant to a separate agreement
or as an amendment to this Agreement.
6. Purchasing: All supplies, capital and equipment expenditures used by
Contractor in the maintenance of the facilities such as fertilizers, small tools and parts for
maintenance equipment, will be the responsibility of the Department of Parks and Recreation.
The Contractor agrees to coordinate all purchasing requests for such items through the Director.
7. Facilities and Equipment: The Contractor will have the use of the City's
maintenance facilities at the Golf Club for the duration of this Agreement, at no cost to the
Contractor. The Contractor agrees to keep the building in a clean and orderly condition
throughout the term of this Agreement. The Contractor agrees to make necessary minor repairs
to the maintenance building. In the event of major damage or destruction to the maintenance
building that is not the responsibility of the Contractor, the City agrees to repair or replace said
building. Contractor will promptly notify Department of Parks and Recreation of any building
defects.
The Golf Club equipment including, but not limited to, the irrigation system, drainage,
benches, trash receptacles, flag sticks, ball washers and maintenance equipment shall be
provided by the City and be maintained in good working condition by the Contractor, and
remains the property of the City. The Contractor agrees to maintain the irrigation system in good
working condition. Repairs and maintenance of the pump station beyond the capabilities of the
Contractor will be the responsibility of the City.
Unless specifically provided otherwise herein, all equipment for maintaining the Golf
Club, as specified in this Agreement, shall be provided by the City.
8. Relationship of Parties: Contractor is skilled in the matters addressed in the
Scope of Work and is performing independent functions and responsibilities within its field of
PROFESSIONAL SERVICES AGREEMENT - 3
Greens Superintendent
expertise. Contractor and its employees are independent contractors and not employees of the
City. Contractor and its employees have no authority to bind the City or to control the City's
employees and other contractors.
It is agreed and understood that the Contractor shall be solely responsible for the hiring
and firing of its employees. All employees retained by Contractor to perfom1 services under this
Agreement shall be employees of Contractor and not employees of the City. Contractor shall be
responsible for payroll, payroll taxes, FICA, federal taxes, workers compensation, Labor &
Industry, and medical insurance premiums and all other benefits associated with employment
with Contractor.
As an independent contractor, Contractor is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Contractor or its employees.
9. Insurance: Contractor agrees to purchase a policy of liability insurance which
shall protect it and its employees from any loss caused by property damage or personal injury at
the Golf Club. Said insurance policy shall be in the amount of One Million Dollars
($1,000,000.00) for each occurrence. The Contractor agrees that said insurance shall name the
City of Bremerton as an additional insured. A copy of the certificate shall be required to be kept
on file with the City Risk Manager.
10. Supervision: Contractor shall report directly to the Director and shall cooperate
and work closely with the Golf Professionals. In those situations where conflict of interest
arises, the situation will be brought immediately before the Director for resolution.
11. Liens and Insolvency: The Contractor shall not allow any property of the City to
become encumbered with liens of any sort by reason of its action or omission.
12. Indemnity: The Contractor agrees to defend, indemnify and save harmless the
City, its appointed and elected officers and employees, from and against any and all liability,
loss, costs, damage and expense, including costs and attorney fees in defense thereof because of
actions, claims or lawsuits for damages resulting from personal or bodily injury, including death
at any time resulting therefrom, sustained or alleged to have been sustained by any person or
persons and on account of damage to property, arising or alleged to have arisen directly or
indirectly out of or in consequence of the performance of Contractor under this Agreement,
whether such injuries to persons or damage to property is due to the act, omission or negligence
of Contractor, its employees, subcontractors, agents, successors or assigns. This provision shall
be inapplicable to the extent that the City is judicially found solely negligent for such damage or
lllJury.
13. Nondiscrimination: Contractor shall not discriminate in the employment or
services to the public on the basis of race, color, national origin, sex, religion, age, marital status,
sexual orientation or disability, except employment actions based on a bona fide occupational
qualification.
PROFESSIONAL SERVICES AGREEMENT - 4
Greens Superintendent
14. Termination: This Agreement will tem1inate upon the happening of any of the
following events:
a. Upon its nom1al tennination if not renewed.
b. Upon the death of the Superintendent's Principal.
c. The physical disability of the Superintendent's Principal which
substantially prevents the Principal from performing his duties for a continuous period of one (1)
month or for an aggregate of three (3) months during each calendar year.
d. Principal's conviction of a gross misdemeanor or felony.
e. Major damage or destruction of the Golf Club property, structures or
equipment that is the subject of this Agreement, when the City decides not to rebuild, and that
damage or destruction will prevent Contractor from substantially performing its obligations
under this Agreement.
f. Continuing inattention or neglect of duties.
g. Suspension of Principal from those associations listed under Subsection
1 (b) for more than thirty (30) days.
h. Substantial breach of any provision ofthis Agreement.
In the event of termination of this Agreement by reason of Principal's death or disability,
the Contractor shall be paid its compensation to and including the month of death, or in the event
of disability, the Contractor shall be paid to the last day of the month in which termination
occurs.
15. Breach and Cure: In the event that either party claims that the other party is in
violation of subsection 14(f) (g) and/or (h) of this Agreement, the party claiming the violation
may give the other party a written notice of breach. The party in breach shall have thirty (30)
days after notice within which to correct any activity or conduct claimed by the other to have
constituted a breach of the Agreement. Upon mutual agreement, a conference may be called
between the parties in which case every reasonable effort shall be made to reach an amicable
solution. At said conference, either party shall be entitled to have representatives present.
In the event that either party shall, within said thirty (30) day period, fail to either correct
the activity claimed to constitute a substantial breach of this Agreement or notify the other party
in writing of their denial of said substantial breach of this Agreement, then, in such event, this
Agreement shall cease and terminate as of the expiration of the thirty (30) day period.
PROFESSIONAL SERVICES AGREEMENT - 5
Greens Superintendent
16. Notice: Any notice required or pem1itted to be given under this Agreement shall
be sufficient if in writing and personally served or sent by registered or certified mail. In the
case of the Contractor, it may be mailed to: PO Box 4130, Bremerton, Washington 98312, and
in the case of the City: Bremerton City Clerk, 345 Sixth Street, Suite 600, Bremerton,
Washington 98337.
17. Applicable Law: This Agreement shall be controlled by the laws of the State of
Washington. Contractor shall perfonn and comply with all applicable laws of the Untied States
and the State of Washington; the Charter, Municipal Code and Ordinances of the City of
Bremerton; and rules, regulations, order and directives of their administrative agencies and the
officers thereof.
18. Severability: The invalidity or unenforceability of any provision hereof shall, in
no way, affect the validity or enforceability of any other provision.
19. Waiver: Failure to insist upon strict compliance with any terms, covenants or
conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or
relinquishment of such right or power at any time be taken to be a waiver of any other breach.
20. Modification: Any waiver, alteration or modification of any of the provisions of
this Agreement or cancellation or replacement of this Agreement shall not be valid unless in
writing and signed by the parties.
21. Entirety: This Agreement, including the exhibits attached hereto and forming a
part hereof, are all of the covenants, promises, agreements and conditions, either oral or written,
between the parties.
22. Remedies: Rights under this Agreement are cumulative; the failure to exercise
on any occasion any right shall not operate to forfeit such right on another occasion. The use of
one remedy shall not be taken to exclude or waive the right to use another.
23. Licenses and Fees: Contractor shall secure and maintain, in full force and effect
during the term of this Agreement, all required licenses, permits and similar legal authorizations
and comply with all requirements thereof. Contractor is responsible for payment of all taxes and
licensing fees necessary to. perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, B&O, State professional licensing, and
City business licensing. If any taxes or fees due the City have been declared delinquent, the City
may withhold the delinquent amount, plus any additional charges arising from the delinquency,
from any payments due Contractor.
24. Use of Facilities and Equipment: The Contractor and its employees shall use
the facilities herein described for those purposes and only for those purposes enumerated herein
and other complex related maintenance items, and for no personal uses.
PROFESSIONAL SERVICES AGREEMENT - 6
Greens Superintendent
25. Fidelity Bond: Contractor shall enter into an honesty and fidelity bond in the
sum of Ten Thousand Dollars ($10,000.00), naming the City as the insured thereunder.
IN WITNESS WHEREOF the parties hereto have executed this Agreement the date and
year indicated.
ED FAULK OPERA nONS, LLC.
Date
EDWARD G. FAULK Principal
CITY OF BREMERTON
Date
CARY BOZEMAN, Mayor
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
R:\LEGAL\Files\Current Active\Greens Superintendent Agreement 2007.doc
PROFESSIONAL SERVICES AGREEMENT - 7
Greens Superintendent
EXHIBIT A - DUTIES
The City hereby agrees to retain the Contractor to maintain. and improve the Gold
Mountain Golf Complex courses, to include clubhouse grounds and surrounding areas,
and through Contractor's efforts will strive to have the condition of the Gold Mountain
Golf Complex in the best possible shape, subject to budgetary and environmental
limitations within which the Contractor must perf<:mll this work. The Contractor does
agree to cont<:mn to the generally accepted standards and practices of similar golf courses
in the Western Washington region.
MAINTENANCE STANDARDS:
The following are the parameters of the maintenance practices and programs tor the
Cascade and Olympic courses:
A. Maximum Mowing Heights
Cutting Height Settings Summer Winter
Tees 1/2" 1/2"
Fairways 1/2" 1/2"
Roughs 1-114" 1-1/4"
Collars 1/2" 1/2"
Greens . .125" .150"
B. Mowing Standards
Frequency Per Week Summer Winter
Tees 2 As Needed To
Fairways 3 Maintain Maximum
Roughs 2 Mowing Heights
Collars 3
Greens 7
C. Bunkers Raked
Frequency Pcr Week Summer Winter
3 As Needed
D. Aerification
Greens And Aprons:
All greens aerification will he coordinated with the pro staff to mitigate
impact to tournaments and special events, and timcd to maximize revenues.
Spring:
Acritication will be performed \vith a
minimum 5/8" hollow tines
Fall:
Airi tication \vill' be performed with a
minimum 5/8" hollow tines
Tees, Fairways And Greens Surrounds:
These areas will be aeriticd a minimum of once per year with 3/4" hollow tines.
E. Capital Projects
Capital projects that have been approved by the City that can be accomplished
with the knowledge and skills of the Golf Complex maintenance staff but would require
additional labor will be negotiated as a separate contract or an addendum to the CUlTent
contract.
Construction of new tees on Cascade Course will continue. as manpower and
conditions allow.
Upgrading ilTigation system on Cascade Course, i.e. new satellites and sprinkler
heads will continue as budget allows.
F. Regular Maintenance Practices
Light sand top-dressing of the greens will be done monthly during the
growmg season
Cup location and tee markers will be changed daily during the f,Tfowing
season
Fairway divots will be filled with sand and seed monthly
Divots on tees will be filled with sand and seed daily
Divots on driving range tee will be fIlled with sand and seed a minimum
of 4 days per week
Both courses \vill be kept tt-ee of stonn blow-down and branches.
Encroaching brush and Scotch Broom with be cut back yearly.
Cali paths and bunkers will be edged a minimum of once per year.
All restrooms will be cleaned and sanitized daily.
Clubhouse lawns and landscaping will be maintained regularly.
Parking lot and entry road \vill be kept dean and debris free.
G. Equipment Maintenance
Regularly scheduled maintenance will be performed on all equipment to
minimize costly repairs and equipment down time
All repairs and parts will be documented to help identify problem
equipment and dctennine cost effectiveness of repair vs. replacement
All cutting unit blades will be sharpened regularly to ensure a precIse
clean cut in order to keep the turf healthy and the playing surface smooth
H. Irrigation
The Contractor will maintain the irrigation system to the best of his abilities. The
City will contract with an outside agent for preventive maintenance of the irrigation
pump stations on both the Olympic course and the Cascade Course. The Contractor will
work with the City's Water Resource Manager to coordinate water usage and water
pressure concerns.
I. Chemical Use
The Contractor will work closely with the Water Resource Division of the City in
the use of chemicals and their application at the Gold Mountain Golf Complex. A list of
all pesticides and other chemicals must be maintained by the Contractor including the
MSDS information sheets, dates and time applied, the person who applied the chemical
and other information that may be required by OSHA, WISHA, Department of Labor and
Industry, EP A and any other city, county, state, or federal agency that would have
enforcement authority.
J. Fertilization
The Contractor will set up a fertilization program for the Golf Complex and work
closely with the Director of Parks and Recreation to determine a yearly budget for
fertilizer.
K. Tree Removal
Hazardous trees will be removed by the Gold Mountain maintenance crew as
required for safety. The Contractor will work with the City Forestry Manager for
removal of ~lI1Y trees that are not related to safety.
DATE SUBMITTED: November] 3,2007
AGENDA BILL
CITY OF BREMERTON A6.~ 07- c).. 75
CITY COlJNClL _____--_
· · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · · . . . . . . . . . . . q N. . . . . ,
SUB.JECT: Appointment to the Bremerton
Housing Authority Board of Commissoners
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
1'1 ovexvJ'CJ-€r- 28 I 2-D 0 --;
Executive
Mayor Bozeman
473-5266
SUMMARY: There will be a vacancy effective November 30, 2007 on the Bremerton Housing
Authority Board of Commissioners due to the expiration of Lynn Horton's term. It is recommended
the vacancy be filled by Linda Streissguth.
A TT ACHMENTS: Application for Appointment available in the Mayor's office
FISCAL IMP ACTS (Include Budgeted Amount): N/ A
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
o .~
C-,Ql
~
COUNCIL PRESIDENT:
I CONSENT AGENDA 14 I
RECOMMENDED MOTION: Move to confirm the app mtment of Linda Streissguth to the
Bremerton Housing Authority Board of Commissioners.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DATE SUBMITTED: 11/19/07
BILL #
07-:J-7&
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
Ll-o
........................................................................................
SUBJECT: City Council to authorize an
additional $20,000 for Legal Fees to the
Coalition of Cities for NPDES II Permit
Appeal
Committee Meeting Date: 11/14/07
COUNCIL MEETING Date: 11/28/07
Department: Engineering
Presenter: Michael Mecham
Phone: 473-5288
SUMMARY: City Council previously authorized an agreement to enter with a coalition of
approximately 30 Cities to appeal the NPDES II permit for stormwater discharge. The City at that
time contributed $8,000 to the coalition for legal fees. Due to the complexity of the appeal, additional
fees are needed. An estimate was sent to coalition members indicating an additional $20,000 from
each member is needed to complete the appeal to the Department of Ecology Board of Appeals.
ATTACHMENTS: none
FISCAL IMPACTS (Include Budgeted Amount): $20,000 would be paid from the Stormwater
Operations Budget for the Engineering Division. Funds are available in Stormwater Operations
Professional Services blAdq e+ +0...- zoo I.
APPROVALS:
DEPARTMENT DIRECTOR.
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
P~/'
CONSENT AGENDA D
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to authorize the expenditure of $20,000 from the Stormwater
Operations Budget to pay for Legal Services for the NPDES II Permit Appeal.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
DATE SUBMITTED: October 24,2007
BILL # 07--::L 77
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5A
........................................................................................
SUBJECT: Resolution No. 3041
approving a Lead Hazard Abatement
partnership between the Bremerton Housing
Authority and Kitsap County Consolidated
Housing Authority
Committee Meeting Date: November 14, 2007
COUNCIL MEETING Date: November 28, 2007
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: Residential...... properties built before 1978 are required to be free of lead paint
hazards in order to participate in the Housing Choice Voucher program. The proposed resolution
approves a lead hazard abatement partnership between BHA and KCCHA so that II8ItIiIIl properties
within the City of Bremerton can benefit from a grant received by KCCHA to provide free testing and
repairs to correct lead hazards.
ATTACHMENTS:
1. Lead Hazard Abatement Program Summary
2. Proposed Resolution 304 \
FISCAL IMP ACTS (Include Budgeted Amount): None
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS
PUBLIC HEARING D
RECOMMENDED MOTION:
Move to pass Resolution No. 304 , approving a Lead Hazard Abatement partnership between the
Bremerton Housing Authority and Kitsap County Consolidated Housing Authority.
COUNCIL ACTION: D Approve D Deny D '~able
D Continue D No Action
iL'4. _\
~c,:
';;"t<
Contact
Mary Barton at
360.535.6131
or toll-free from
Jefferson County
800.693.7070 ext.
6131.
~
-r-~
EQUAL HOUSING
OPPORTUNITY
..( ~I...~,
~~" ""'" ;j ~
\~ ill ;..
\ '..---... .,
Kitsap County Consolidated Housing
Authority (KCCHA), in partnership with
Washington State Community Trade and
Economic Development (CTED), is
offering this free program in compliance
with the Environmental Protection
Agency (EPA).
~~
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l~ tI~ee l~E:T)a.ll~S
for \' 11cHile?
KCCHA is offering FREE lead
hazard inspections and FREE
repairs (up to $7,200) to correct
lead hazards in your home. This
program is available to families and
individuals with incomes at or below
80% of the county median income
(see income chart below).
Maximum Income Limits
Family Kitsap County Jefferson County
Size
1 .... $36,800 ................. $30,500
2 .... $42,050 ................. $34,900
3 .... $47,300 ................. $39,250
4 .... $52,550 ................. $43,600
5 .... $56,750 .. ............... $47,100
6 .... $60,950 ................. $50,600
7 .... $65,150 ................. $54,050
8 .... $69,350 ................. $57,550
~~~~~~~.
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Lead poisoning in children can
lead to
. Brain, liver, and kidney
damage
. Slowed development
. Learning or behavior problems
. Lowered intellect (or IQ)
. Hearing loss
. Restlessness
Do you or your children have any
of these symptoms of lead
poisoning?
. Headaches
. Stomachaches
. Nausea
. Tiredness
. Irritability
Lead poisoning in pregnant
women can lead to
. Miscarriage
. Premature birth
. Birth defects
. Learning disabilities
If you do, then you could be
living with lead in your home.
The main sources of lead in the
home are
. Peeling or chipping paint (in
homes built before 1978)
. Dust from sanding old paint
. Contaminated soil
Lead poisoning in adults can
lead to
. Fertility problems (in both
men and women)
. High blood pressure
. Digestive problems
. Nerve disorders
. Memory or concentration
problems
. Muscle and joint pain
Most people with lead poisoning do
not show any outward symptoms
unless their blood-levels are
extremely high. Because the
symptoms of lead poisoning are
similar to other illnesses, it is best to
have a doctor perform a simple blood
test to determine if your child has lead
pOIsomng.
";;~~~~1l~~~~~~
RESOLUTION NO. JcclL-
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving a Lead . Hazard Abatement
partnership between the Bremerton Housing Authority and Kitsap
County Consolidated Housing Authority for lead hazard abatement
of residential property in the City of Bremerton.
WHEREAS, homes built in 1978 and after could no longer use lead paint;
and
WHEREAS, residential properties built before 1978 are required to be free
of lead paint hazards if they are to participate in the Housing Choice Voucher program;
and
WHEREAS, the Kitsap County Consolidated Housing Authority (KCCHA) has
received a two year grant from the Washington State Community Trade and Economic
Development-Bepartment to provide free testing and repairs (up to $7,000) to correct lead
hazards in properties throughout Kitsap County; and
WHEREAS, since a large portion of homes that were built prior to 1978 are
within the City of Bremerton, it is important that a part of the funds are used to address the needs
within the City of Bremerton; and
WHEREAS, because the majority ofthe housing stock in Bremerton was built
prior to 1978, the potential for lead hazard exists; and
WHEREAS, KCCHA has offered to partner with the BHA to provide services
under their grant to residential properties within the City of Bremerton; and
WHEREAS, BRA approved the Lead Hazard Abatement Partnership between
BHA and KCCHA at its meeting of October 22, 2007; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. Recitals Incorporated. The recitals set forth in this resolution are
hereby incorporated as if fully set forth herein.
SECTION 2. The City Council ofthe City of Bremerton approves the Lead
Hazard Abatement Partnership between the Bremerton Housing Authority and the Kitsap County
Consolidated Housing Authority for lead hazard abatement of residential properties within the
City of Bremerton.
1
Lead Hazard Abatement Partnership
SECTION 3. Severability. If anyone or more sections, subsections, or
sentences of this Resolution are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Resolution and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This Resolution shall take effect and be in force
immediately upon its passage.
day of
PASSED by the City Council of the City of Bremerton, Washington this _
,2007.
WILL MAUPIN, Council President
APPROVED AS TO FORM:
ATTEST:
ROGER A. LUBOVICH, City Attorney
CAROL ETGEN, City Clerk
R:\Legal\Legal\Resolutions\City Council\Lead Hazard Abatement Partnership.doc
2
Lead Hazard Abatement Partnership
DATE SUBMITTED: 11/8/07
BILL #
07-~78
5~
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
~ ~tf5
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
\1/14: 107
11/28/07
PW&U
Phil Williams
5755
SUBJECT: Approval of Ordinance No.
So30 adopting 2008 Utility Rates and
General Facilities Charges and Amending
BMC Chapter 15.06
SUMMARY: Amend assessments, fees, rates, and charges set forth in Appendix A of Section
15.06.015 of the BMC to implement the consumer price index increase of3.5% in water, wastewater,
and stormwater charges. Implement a 0.2% increase in General Facilities according to the Seattle
Construction Index.
ATTACHMENTS: Ordinance NO. So3o
---
FISCAL IMPACTS (Include Budgeted Amount): The proposed rate increases are built into the
proposed 2008 budget.
APPROV ALS:
DEPARTMENT DIRECTOR.
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~~---<--
.v. "__b-,?.p-
CONSENT AGENDA D
GENERAL BUSINESS ~
PUBLIC HEARING D
RECOMMENDED MOTION: Move to pass Ordinance NoSo3o adopting new utility rates and
General Facilities charges effective January 1,2008 and amending Bremerton Municipal Code
Chapter 15.06.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
ORDINANCE NO.
St>'30
AN ORDINANCE of the City Council of the City of
Bremerton, Washington amending Appendix A of Section
15.06.015 of the Bremerton Municipal Code relating to
assessments. rates, fees, and charges for municipal water,
wastewater, and storm water services establishing new rates for all
categories to implement a 3.5% CPI increase in water, wastewater,
and stormwater charges. And further implementing a 0.2%
increase in General Facilities according to the Seattle Construction
Index.
WHEREAS, the City Council desires to amend the rates, fees, and charges set
forth in Appendix A of Section 15.06.015 of the Bremerton Municipal Code to implement the
consumer price index increase pursuant to BMC 15.06.0 15(b); and
WHEREAS, the City Council desires to increase General Facilities charges using
the Seattle Construction Index in accordance with BMC 15.06.015(b); NOW THEREFORE
THE CITY COUNCIL OF THE CITY OF BREMERTON. WASHINGTON DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Appendix A of Section 15.06.015 of the Bremerton Municipal
Code is hereby amended to read as stated in Exhibit A attached hereto, and incorporated herein
by reference, establishing new rates for all categories for 2008.
SECTION 2. Section 1 of this Ordinance shall be effective January 1,2008. The
rates currently in effect as set forth in Appendix A of Section 15.06.015 on the date of adoption
of this Ordinance shall remain in effect until January 1,2008.
SECTION 3. Severabilitv. If anyone or more sections, subsections, or sentences
of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the
validity of the remaining portion of this Ordinance and the same shall remain in full force and
effect.
SECTION 4. Effective Dale. 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
2008 Utility Rates
Approved this
day of
. 2007
CARY BOZEMAN. Mayor
ATTEST:
APPROVED AS TO FORM:
CAROL ETGEN, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2007
,2007
R:\Legal\Legal\Ordinances\Public Works & Utilities\2008 Rate Ordinance.doc
2008 Utility Rates
Appendix A
ASSESSi\H:NTS, RATES, FEES, AND CHARGES
EFFECTIVE .J!.:"ILARY 1,2907 .JANUARY I, 200S
Within
City Limits
Outside
City Limits
GENERAL FACILITY CHARGES
Water (per Meter Size)
5/8",3/4"
I"
I 1/2"
211
~~~ $ 2,457.00 S 2.152.00 $ 2,457.00
$ h.12').00 $ 6.141.00 S 6.129.00 $ 6.141.00
S 12.259.00 $ 12,284.00 S 12.259.00 $ 12.284.00
$ 1').613.00 $ 19.652.00 S 19.613.00 $ 19,652.00
Calculated based on usage Calculakd bascd on usage
S 3.712.00 $ 3,719.00 $ 3,712.00 $ 3,719.00
$ 995.00 $ 997.00 N/A N/A
Grt:akr than 2"
Wastewater (per ERU)
Stormwater (per ISU)
CONN ECTION/INSPECTION FEES
Water Connection Fees
5/8" x 3/4"
I"
1 1/2"
$ 1.7&7.00 $ 1.850.00 $ 2.680.50 $ 2,775.00
$ 1.926.00 $ 1.993.00 $ 2,889.00 $ 2.989.50
$ 3.021.00 $ 3.127.00 $ '1.531.50 $ 4,690.50
$ 3,837.00 $ 3.971.00 $ 5.755.50 $ 5.956.50
Actual Time & Materials 150% of Actual Time & Materials
$ 1.15 $ 1.19 $ 1.73 $ 1.79
$ 127.00 $ 442.00 $ M 1.00 $ 663.00
$ 583.00 $ 583.00 $ 815.00 $ 875.00
$ 17.00 $ 49.00 $ 71. 00 $ 74.00
$ 17.00 $ 49.00 $ 71.00 $ 74.00
$ 281.00 $ 291.00 $ 122.00 $ 437.00
$ 1.56 $ 1.61 $ 2.31 $ 2.42
$ 339.00 $ 351.00 $ 509.00 $ 527.00
$ 563.00 $ 583.00 $ 815.00 $ 875.00
$ 17.00 $ 49.00 $ 71.00 $ 74.00
2"
Greater than 2"
Field Inspection Fees
Water main extensions (per foot)
but not less than:
Pump Station
Miscellaneous (per hour)
Wastewater Connection Fees
Lateral Connection at PIL
Lateral Connection at Main
Conveyance Facility Ext. (Per Foot)
but not less than:
Pump Station
Miscellaneous (per hour)
1 of 8
Within
City Limits
Outside
City Limits
RETAIL WATER SERVICE RATES
General Service - :Vlonth Iy Sel"\ ice Charge
rvlcter Si,'e
5/8:-.3/4 inches S------'f-k+ S 9.95 ~' 11.12 'i; 14,93
"I
1 inch S---Hcl})9 S 11.37 $ 16.19 $ 17.06
I 1/2 inch 5i 15.M S 16.16 $ 2~ $ 24.24
2 ineh S---J.4,~ S 21.71 5i 31.17 $ 32.57
.'
3 inch $----.+9-.-&4 $ 41.19 ~. 59.70 $ 61.79
_J'
4 inch $ nos $ 77.00 $ 111.00 $ 116.00
6 ineh ~r.1-AH $ 272.00 S 391.00 $ 408.00
8 ineh $ 'J60.00 $ 994.00 $ 1.139.00 $ 1,491.00
10 ineh $ 3,126.00 $ 3.546.00 S 5.13S.oo $ 5.319.00
]2 inch $ 12.SSl.oo $ 13.332.00 $ ] 9J22.00 $ 19.998.00
Residential Commodity Charge (per HCF)
0- 10 HCF/Month $ 1.0'1 $ 1.08 $ 1.56 $ 1.62
Over 10 HCF/Month $ 1.17 $ 1.21 $ 1.76 $ 1.82
Non - Residential Commodity Charge (per IICF) $ 1.13 $ 1.17 $ 1.70 $ 1.76
Fire Protection - Monthly Service Charge
Service Size
1 inch $ 16.38 $ 16.95 $ 21.57 $ 25.43
1 1/2 inch $ 21.65 $ 25.51 $ 36.98 $ 38.27
2 inch $ 32.05 $ 33.17 $ 18.08 $ 49.76
3 inch $ 35.31 $ 36.55 $ 52.97 $ 54.83
4 inch $ 38.49 $ 39.84 $ 57.74 $ 59.76
6 inch $ '~8.0(1 $ 49.72 $ 72.06 $ 74.58
8 inch $ 63.94 $ 66.18 $ 95.91 $ 99.27
10 inch $ 89.62 $ 93.00 $ 13 '1.00 $ 140.00
12 inch $ 128.00 $ 132.00 $ 192.00 $ 198.00
Commodity Charge (per HCF) $ 2.25 $ 2.33 $ 3.38 $ 3.50
- For Usage Other Than Fireiighting
Low-Income Senior and Low-Income Disabled Citizen - Monthly Service Charge
Base Charge (per account) $ 9.61 $ 9.95 $ 14.42 $ 14.93
Commodity Charge
0- 5 HCF/Month No Charge No Charge
5 - 10 HCF/Month $ 1.01 $ 1.08 $ 1.56 $ 1.62
Over 10 HCF/Month $ 1.17 $ 1.21 $ 1.76 $ 1.82
Temporary/Construction Meter
]" Mekr
Deposit $ 150.00 $ 150.00
Base Fee (per month) S ]0.9') $ 11.37 $ I (1.'19 $ l7.Cl6
Set Up /'ee $ 106.00 $ 106.00
Ilydrant meter (3" Meter)
Deposit 'II l.nOn.no $ 1.000.00
Base Fcc (per month) S---~ 'II 41.19 S 5'nO $ 61.79
Set Up fee $ ID6.0n $ 106.00
Equipment Loss/Damage .'\etual Time & Materials 150% or Aetual Time & Materials
Commodity Charge (per HCF) S 1.1; $ 1.17 $ 1.-74 $ 1.76
2 of 8
RETAIL WATER SERVICE RATES (cont'd)
City Parks and Recreation Dept. - Irrigation
Commodity Charge (per Hel)
3 of 8
\Vithin
City Limits
};
0.57 S
Outside
City Limits
0.59
Within Outside
City Limits City Limits
RETAIL W>\STEWATER SERVICE RATES
Monthly Service Charge
Single Famil}
Base Charge (per account) ~g.55 $ 29.55 5; 32.ll3 $ 33.9R
Commodit} Charge (per lieF) <I: 3.X3- $ 3.96 $ 1.10 $ ..us
..'
Duple\: on I Meter or 2 I3ldgs on I Meter
Base Charge (per unit) $ n.6] $ 23.40 t-----2{tAG $ 26.91
Commodity Charge (per IICF) S 3.ll3 $ 3.96 $ 1.10 $ 4.55
Multi - Family
Base Charge (per unit) $ 22.61 $ 23.40 $ 26.00 $ 26.91
Commodity Charge (per IICF) $ 3.ll3 $ 3.96 S llO $ 4.55
Commercial I
Base Charge (per account) $ 12.20 $ 43.68 :; 18.53 $ 50.23
Commodit) Charge (per HCF) $ 3.91 $ 4.08 $ 1.53 $ 4.69
Commercial II
Base Charge (per account) $ '12.93 $ 44.43 $ ,19.37 $ 51.09
Commodity Charge (per HCF) $ 6.17 $ 6.39 $ 7.10 $ 7.35
Commercial III
Base Charge (per account) $ 12.51 $ 44.00 $ '18.89 $ 50.60
Commodity Charge (per HCF) $ 5.05 $ 5.23 $ 5.81 $ 6.01
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account) $ 17.71 $ 18.33 $ 20.37 $ 21.08
Commodity Charge (per HCF)
0- 5 HCF/Month No charge No charge
Over 5 HCF/Month $ 3.83 $ 3.96 $ 1.10 $ 4.55
Septage Disposal
(Per Gallon of Tank Capacity) $ 0.21 $ 0.22 $ 0.21 $ 0.22
4 of 8
RETAIL STOR,nVATER RATES
Monthly Ser\'iee Charge
Residential I (Single Famil)/Dupb:)
Base Charge (per account)
E::':ecption: Duplex
with 2 Meters (per aeCllunt)
Residential II
Base Charge (pCI' ISU) + 50% of the Base Charge
Residential III
Base Charge (per ISU) + 100% or the Base Charge
Commercial I
Base Charge (per ISU)
Commercial II
Base Charge (per ISU) + 50% ofthe Base Charge
Commercial III
Base Charge (per ISU) + ]00% of the Base Charge
Public School Districts (per account)
Low-Income Senior and Low-Income Disabled Citizen
Base Charge (per account)
Multi - Family & Commercial Rate Adjustment
Water Quality (per ISU)
Water Quantity (per ISU)
Stormwater Penalty
New Multi - Family & Commercial
development without on-site detention
Charge (per ]SU)
Within
City Limits
Outside
City Limits
$ 7.76 $ xm i\/A
$ ~ $ 4.D5 N/A
It I 1.6'1 $ 12.05 N/A
.'-l~
$ 15.52 $ 16'()6 N/A
$ 7.76 $ 8.03 N/A
$ 1].64 $ ]2.05 N/A
$ 15.52 $ 16.06 N/A
$ 7.76 $ 8.03 N/A
$ 1.74 $ 4.91 N/A
$ 0.86 $ 0.89 N/A
$ 2.~ $ 2.68 N/A
$
I. 73 $
1.79
N/A
IMPROPER STORMW A TER INFLOW RATES
The following rates are established for Improper Storm water Inflow, based upon the stOlmwater ISU
for each lot and adjusted annually on the following schedule:
EFFECTIVE DATE RA TE
May 1,2002 25% Storm water Fee for Property
May I, 2003 50% Storm water Fee for Property
May 1.2004 75% Stormwatcr Fee Iix Property
May I, 2005 100% Stormwatcr Fee It)r Property
Aller May 1, 2005. the Improper StorImvater Inllow Rate will remain at 100% or the Stormwater Fee It)r a property
unless otht:mise modified by the City Council. The rees shall be deposited in the Wastewater Fund (45 I).
5 of 8
MISCELLANEOUS FEES AND CHARGES
Park Rl:~l:rvation Fee
(non-refundable )
Office Services
New Account (includc~ vvater turn-on)
Account !Vlaintenance
Past Due Notice
Lien Recovery Charge
Duplicate Hill Chargl:
Close Accounl!Ml:ter Rl:ad/Water Service Turn-
off
Field Services
Pavement Restoration Charge
(refundable. if assessed and not required)
Asphalt Patch
Concrete Patch
Asphalt Trench
Concrete Trench
County Road Permit
Within
City Limits
.Outside
City Limits
$
30.00
s
30.00
S 20.00 $ 20.00
$ 5.00 $ 5.0()
$ 2.50 $ 2.50
$ 100.00 $ 100.00
$ 1.00 $ 1.00
$ 20.00 $ 20.00
$ 694.00 $ 1,041.00
$ 894.00 $ 1,341.00
$ 817.00 $ 1,225.50
$ 2.348.00 $ 3.522.00
N/A Cost
Wet Tapping (Water Main Only)*
8" and smaller - excl excavation & backtill $ 2.296.00 $ 2.376.00 $ 3.111.00 $ 3,564.00
8" and smaller - service to property line $ 1,885.00 $ 5.056.00 $ 7,327.50 $ 7.584.00
Greater than 8" x 8" Actual Time & Materials 150% of Actual Time & Materials
*Does Not Include Pavement Restoration Charge
Fire Hydrant Installation*
8" x 6" and smaller - service to property line
Greater than 8" x 6"
Water Meter Reinstallation
3/4" & I"
1-1/2" & 2"
3" and greater
Water Meter Reactivation
Water Meter Tampering
Tampering Removal
Tampering Reinstallation
Cross-Connection Control
Inspection
Fire Service - Detector. Meter & MXU
StOI'/ Adapter
$ 5,910.00 $ 6.148.00 $ 8,910.00 $ 9.222.00
Actual Time & Materials 150% of Actual Time & Materials
$ 75.00 $
$ 121.00 $
Actual Time & Materials
$ 75.00 $
$ 121.00 $
Actual Time & Materials
78.00
125.00
78.00
125.00
$
50.00
$
50.00
$ 185.00 $ 191.00 $ 185.00 $ 191.00
Actual Time & Materials Actual Time & Materials
$ 50.00 $ 50.00
$ 39l'LOO 5; 412.00 $ 398.00 $ 412.00
S 225.00 'I> 233.00 $-------22,-s.:oo $ 233.00
6 of 8
Within
City Limits
Outside
Cit), Limits
MISCELLANEOUS (col1t'd)
Water Service TUrll-ofliTurll-on
t Customer Request)
Regular I-lours
A !'tel' Hours
$
S
20.00
175.00
s
s
20.00
175.00
Del inquene) Not iee
$
In.oo
');
!O.oo
Water Service Turn-oflJTurn-on
(Delinquent Aecounts)
Regular I-lours
After Hours
$
$
50.00
175.00
$
$
50.00
175.00
Flow and Pressure Test (lJneerti lied)
3/4" & I" meters only
1-I/2" & 2" meters only
Larger than 2"
$ 50.00
$ 90.00
Actual Time & i\J\ateriaJs
$ 50.00
$ 90.00
Actual Time & Materials
Utility Plant Locates
Regular Hours
After Hours
Emergency
N/C
$ 175.00 $
N/C
181.00
N/C
$ 175.00 $
N/C
181.00
Meter Test Fee (based on meter size)
3/4" & I"
1-I/2"&2"
3" or greater
$ 121.00 $
$ 166.00 $
Actual Time & Materials
125.00
172.00
$ 121.00 $
$ 166.00 $
Actual Time & Materials
125.00
172.00
Engineering Services*
Plan Check Fees
Main Extensions: per foot
BUT not less than
(Includes hydrants and appurtenances
and connection to water system)
Pump Stations
Fireline Extension
Irrigation Systems
System Connections
Miscellaneous (per hour)
$
$
0.26 $
223.00 $
0.27
231.00
$
$
0.39 $
335.00 $
0.41
347.00
$ 559.00 $ 579.00 $ 839.00 $ 869,00
$ 90.00 $ 93.00 $ 135.00 $ 140.00
$ 90.00 $ 93.00 $ 135.00 $ 140.00
$ 90.00 $ 93.00 $ 135.00 $ 140.00
$ '17.00 $ 49.00 $ 71.00 $ 74.00
* Fees include original review and one resubmittal review.
Additional reviews will be charged at miscellaneous hourly rate (above).
7 of 8
Within
City Limits
Outside
City Limits
M ISCELLANEOliS (cont'd)
Storm Drainage Plan Revie\\ Fees **
Preliminary Drainage Plans
Residential Development
Non-Residential Dcvelopmcnt
Plus per ISU
Final Detailed Drainage Plans
Rcsidential Development (per lot)
o - 20 Lots
21 - 50 Lots
5 I - 100 Lots
100+ Lots
Minimum Charge
Non-Residential Development
per ISU
Minimum Charge
Resubmittal Fees
First Resubmittal
Subsequent Resubmittal
~J4~OO S 35S.00 N/A
~:MW.)l.j S 248.00 N/A
.,
$ 10.12 $ 10.78
Storm Drainage Inspection Fees **
Residential Development (per lot)
Non-Residential Development (per ISU)
Minimum Charge
Conveyance Facility Extensions (per foot)
Minimum Charge
Unscheduled Inspections* (per site visit)
$-------J-7-;M $ 38.82 N/A
$ 27.09 $ 28.04 N/A
$ 23.97 $ 24.81 N/A
$ 20.8-1 $ 21.57 N/A
$ 266.00 $ 275.00 N/A
$ 20.84 $ 21.57 N/A
$ 3]9.00 $ 330.00 N/A
No Charge N/A
$ 266.00 $ 275.00 N/A
$ ]5.63 $ 16.]8 N/A
$ ]5.63 $ ]6.]8 N/A
$ 159.00 $ 165.00 N/A
$ 0.83 $ 0.86 N/A
$ 3 ]9.00 $ 330.00 N/A
$ 41.00 $ 49.00 N/A
*(Unscheduled inspections shall be tracked through the course of a project and billed after the final site
inspection. Fees for unscheduled inspections shall be paid prior to final occupancy approval.)
** Does not apply to single family residence or duplex construction on an existing established lot.
Utility/Lien Search Fee (Manua!)***
$
30.00
$
30.00
***Search per parcel
8 of 8
DATE SUBMITTED: 11/13/2007
BILL #
07- ;;;L 79
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
5~
........................................................................................
SUBJECT: Ordinance No. 503\
amending Rates and Fees for 2008 and
Chapter 3.01 of the Bremerton Municipal
Code
Committee Meeting Date: Budget Workshops
COUNCIL MEETING Date: 11-28-07
Department: Financial Services
Presenter: Laura Lyon
Phone: 473-5722
SUMMARY: In conjunction with preparation of the 2008 Proposed Budget, the administration is
recommending that certain fees and rates found in Chapter 3.01 Rate Tables be amended.
Specifically, Rate Table A - Financial Services Department proposes moving the fees for Fireworks
Stands and Ambulance Services inspection fees to Rate Table E - Fire Department; Rate Table F -
Parks & Recreation Department establishes 'Not-to-Exceed' rates to reflect rising costs of various
programs and deleting the Men and Co-ed Sand Athletic Program; and, Rate Table G - Public Works
& Utilities establishes a fee for Right-of-Way work without a permit, the fee for a dumpster for
commercial/construction purposes, establishing no fee for the use of a dumpster for residential
purposes, limits the number of inspections to two for the current fee charged, establishes a fee for
additional inspections to reflect the rise in costs and adds utility installations to the Right-of-Way
permit fee schedule.
ATTACHMENTS: Proposed Ordinance and Rate Tables.
FISCAL IMPACTS (Include Budgeted Amount): Increased rates and fees have been incorporated
into the revenue forecasts for the 2008 Proposed Budget.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
CONSENT AGENDA 0
GENERAL BUSINESS ~
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to pass Ordinance No. 503 \
of the Bremerton Municipal Code updating rates and fees for 2008.
amending Chapter 3.01
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
ORDINANCE NO. ~o3\
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 3.01 of the Bremerton
Municipal Code updating Financial Services, Fire Department,
Parks & Recreation, and Public Works & Utilities rates and fees
for 2008.
WHEREAS, the City Council desires to update the rates and fees for the year
2008; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 3.01.060 ofthe Bremerton Municipal Code entitled "Fire
Department - Rate Table E" is hereby amended to read as follows:
3.01.060 FIRE DEPARTMENT - RATE TABLE E.
Regulatory License Fees
Ambulance Transport Fee
EMS Service Call to Assisted Living, Long-Term Care and Adult Care Facilities
Fire Rescue Boat Response
Hazard Materials Response
Stand-By Time
Active Firefighting
False Alarm Fee
Sprinkler/Fire Alarm Plans
Fire Watch
SECTION 2. Rate Tables Amended. Chapter 3.01 of the Bremerton Municipal
Code is hereby amended by amending Rate Table A (Financial Services), Rate Table E (Fire
Department), Rate Table F (Parks & Recreation) and Rate Table G (Public Works & Utilities) as
set forth in Exhibit A of this Ordinance.
SECTION 3. Severa b ilitv. If anyone or more sections, subsections, or
sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this ordinance and the same shall remain in full
force and effect.
SECTION 4. Effective Date. This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law.
2008 Rates and Fees
PASSED by the City Council the
day of
,2007.
WILL MAUPIN, Council President
Approved this
day of
,2007.
CARY BOZEMAN, Mayor
ATTEST:
APPROVED AS TO FORM:
CAROL ETGEN, City Clerk
ROGER A. LUBOVICH, City Attorney
PUBLISHED the
EFFECTIVE the
ORDINANCE NO.
day of
day of
,2007
,2007
R:\Legal\Legal\Ordinances\Finance\2008 Rate Tables\2008 Ordinance.doc
2
2008 Rates and Fees
FINANCIAL SERVICES - RATE TABLE A
All Rates Listed Are j'Not To Exceed" Fees
A. FINANCIAL SERVICES
1.
REGULATORY LICENSE FEES
BMC 18.06 Ambul:Jnco Services
Ambulance Inspections
BMC 5.17 Charitable Solicitation
Non-Profit
Professional Fundraiser
BMC 5.22 Dance/Public
BMC 5.96 Erotic Dance Studios
Dancers
BMC 9.18 Fire'Norks Stands
BMC 10.24 Housemoving/Oversize Loads
BMC 5.16 Mobile Food Vendor
BMC 5.16 Peddlers
BMC 5.04
Pets hops
Grooming Parlors
Animal Welfare Facilities
BMC 5.36 Special Events:
Profit
Non-Profit
BMC 5.20 Street/Sidewalk Vendors
BMC 5.16 Temporary Merchant
2.
BUSINESS LICENSE FEE
BMC 5.02
3. PARKING
On-Street Locations
Off-Street Location
Table A - A1
RATE
$60/veh
$25/60 days
$675/60 days
$265/yr or $70/30 days
$700/yr
$1 OO/yr
$100/stand/yr
$600+$65/mile to .10
of a mile
$150/veh/yr
$75/yr or $25/30days
$150/yr
$50/yr
$50/yr
$675/event
$70/event
$250/yr
$400/30 days
RATE
$65/yr
Not to Exceed $20/3
hrs
$30/10 hrs
Not to Exceed $20/3
hrs
$30/10 hrs
FINANCIAL SERVICES - RATE TABLE A
All Rates Listed Are "Not To Exceed" Fees
Parking Garage
RATE
Not to Exceed $140/mo
4. UTILITY/LIEN SEARCH FEES
Per Parcel
$30/search per parcel
5. DOCUMENT REPRODUCTION FEES
Per Page - 8}-2 x 11, 8}-2 x 14 and 11 x 17 paper size (No fee for
first 50 pages)
$.15/pg
Audio or Video Tapes
Computer Disks
$10.00
$1 0.00
$3.50
$8/pg
Certification
Oversized Plans, Aerial Photos, Drawings, and Maps (Black and
White)
Color GIS Plotted Maps
$5/sq. ft.
Other Documents:
Medical Records
Fees shall be pursuant
to RCW 70.02.010(12)
Budget
(Hard COpy)
(Electronic Version)
Annual Report
(Hard COpy)
(Electronic Version)
~
$50
liQ
~
$25
liQ
In addition to the above fees, each department may establish fees for records that do not fall
into one of the above categories. Each department and the City Clerk shall have the
department's fee schedule available for inspection upon request.
6.
CHECK HANDLING FEE
$40
Table A - A2
FIRE DEPARTMENT - RATE TABLE E
All Rates Listed are "Not To Exceed" Fees
E.
FIRE DEPARTMENT
1. REGULATORY LICENSE FEES
BMC 9.48 Fireworks Stands
BMC 18.06 Ambulance Services
Ambulance Inspections
2-1-. AMBULANCE TRANSPORT FEE
ALS Residents
ALS Non-Residents
BLS Residents
BLS Non-Residents
Mileage
~2. EMS SERVICE CALL TO ASSISTED LIVING, LONG TERM
CARE AND ADULT CARE FACILITIES
~3. FIRE RESCUE BOAT RESPONSE
Resident
Non-Residents
~4. HAZARD MATERIALS RESPONSE
Rice Hull Ash
Absorbent Pads
,25. STAND-BY-TIME
Per crew of 3
Fire Engine - Crew of 4
76. ACTIVE FIREFIGHTING
Fire Engine
Aerial Ladder
~+. FALSE ALARM FEE
!!3. SPRINKLER/FIRE ALARM PLANS
109. FIRE WATCH
*Unifom1 Building Code or lntemational Fire Code
RATE
$100/stand/vr
$60/veh
$450
$550
$375
$450
$9/mile
$100 After first
response per
quarter
$115
$200
Actual Cost per
Bag
Actual Cost per
Bag
$98/hour
$115/hour
$123 /hour
$205 /hour
$120 for second
$225 for 3 or more
UBC or ICC Rates*
$40.00/hour
3.01-El
,.,
\
PARKS RECREATION DEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
F. PARKS AND RECREATION DEPARTMENT
NON-RESIDENT FEE - BASE FEE PLUS 20%
1. FACILITY USE RENTAL RATES
Facility use policies apply.
Appropriate taxes are included in rates unless otherwise noted.
(a)
SHERIDAN COMMUNITY CENTER - ROOM RENTAL RATES
(Group A) NON-COMMERCIAL - Rental Rates
Recreation and/or educational purposes only.
Per hour, two (2) hour minimum
Daytime (Monday - Friday: 8:00 AM to 5:00 PM)
Lounge
Room A, B, C, or Conference Room
Gym
Eveninqs (Monday - Thursday: 5:00 PM to 10:00 PM)
Lounge
Room A, B, C
Conference Room
Gym
PaftyRoom Package (Lounge & Gym)
Entire building - Up to eight (8) hours
Additional staff (per hour)
Regular Groups (10 or more meetings a year reserved in advance)
Friday Eveninq (5:00 PM to 10:00 PM) & Saturday and Sunday
Lounge
Room A, B, C
Conference Room
Gym
PaftyRoom Package (Lounge & Gym)
Entire building - Up to eight (8) hours
Additional staff (per hour)
RATE
$~7.65
$~5.50
$~16.50
$~16.50
$-w"w11.00
$~13.00
$~21.75
$~32.75
$525.00546.00
$~16.40
20% discount
$~22.00
$-w"w11.00
$~13.00
$~27.25
$-12.00-13.75
$525.00546.00
$~16.40
3.01 - F1
PARKS RECREATION DEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
(Group B) COMMERCIAL - Rental Rates
Recreational and/or educational purposes only.
Per hour, two (2) hour minimum
Lounge
Room A, B, C
Conference Room
Gym
Room Package (Lounge & Gym)
Entire Building - Up to eight (8) hours
Additional Staff (per hour)
(b) BREMERTON SR. CITIZENS CENTER - ROOM RENTAL RATES
(Group A) NON-COMMERCIAL - Rental Rates
Room Rental Fees - per hour, two (2) hour minimum
Cardroom/Meeting Room
Main Room
Kitchen
Additional staffing per hour
Entire Facility up to eight (8) hours
(Group B) COMMERCIAL - Rental Rates
Room Rental Fees - per hour, (two) 2 hour minimum
Cardroom/Meeting Room
Main Room
Kitchen
Additional staffing per hour
Entire Facility - Up to eight (8) hours
$2&-W27.25
$24-,0021.75
$24-,0021.75
$'12.0013.75
$.nw76.50
$8'10.00873.00
$~16.40
RATE
$~16.00
$~32.00
$~11.00
$~12.00
$210.00215.00
$~32.00
$~64.00
$~22.00
$4+:0018.00
$'120.00125.00
3.01 - F2
PARKS RECREATION OEPT - RATE TABLE F
All Rates listed Are "Not To Exceed" Fees
(c) JARSTAO AQUATIC CENTER
(Group A) NON-COMMERCIAL - Rental Rates
Private - Non-Profit
Up to 50 participants
Staffing
51 - 1 00
101-150+
Per hr
each added hour
Per hr
Per hr
Gallery
Team
Deep Lanes Per hr per lane
Shallow Lanes Per hr per lane
Staffing Per hr as needed
School Lessons
Up to 35 students
36 - 45 students
46 - 55 students
(Group B) COMMERCIAL - Rental Rates
Commercial Per hr
Deep Lanes Per hr per lane
Shallow Lanes Per hr per lane
Staffing Per hr as needed
(d) PARK SHELTERS - RESERVATION FEES
Four (4) hour sessions per reservation unless noted.
Note: Shelter #4 is not reservable. Use of shelter #4 is on a first come/first
served basis. Parties who have reserved the other Evergreen Park shelters
may not use shelter #4 at the same time.
(Group A) NON-COMMERCIAL - Rental Rates
Evergreen Shelter 1
Evergreen Shelter 2, 3, 5, or 6
Evergreen Shelter 4 (not reservable)
Evergreen Ampitheatre with Amplified Sound
lions Park Shelter
Upper NAD
Lent Landing Gazebo
$00-,0068.00
$44:0015.00
$noo80.00
$gg,0090.00
$1--:007.50
$J.4G3.50
$~2.45
$15.00
$a&,OO60,00
$~72.00
$~84.00
$w,.oo71.75
$&cW7.20
$4-:W4.75
$15.00
RATE
$~54.50
$~27.25
no charge
$100.00104.00
$~38.25
$2-=1-:-0021 .75
$~27.25
3.01 - F3
PARKS RECREATION DEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
(Group B) COMMERCIAL - Rental Rates
Evergreen Shelter 1
Evergreen Shelter 2, 3, 5, or 6
Evergreen Shelter 4 (not reservable)
Evergreen Ampitheatre with Amplified Sound
Lions Park Shelter
Upper NAD
Lent Landing Gazebo
(e) PARK RESERVATION FEES
Parks without shelters or misc. park areas
(f) SPECIAL EVENTS, CELEBRATIONS, WEDDINGS
Louis Mentor Boardwalk
Other parks
(9) ATHLETIC FIELD - RESERVATIONS
Per hour unless noted
(Group A) NON-COMMERCIAL - Rental Rates
(Group B) COMMERCIAL - Rental Rates
Game Fee - Softball
Game Fee - Soccer
(h) BLUEBERRY PARK - PEA PATCH ANNUAL RATE
Recreational purposes only.
Y:z plot (20' x 20')
1 plot (20' x 40')
1 + lot (20' x 50')
(i) LIONS TENNIS COURT LIGHTS
1 token (1 hour)
6 tokens (6 hours)
$~82.00
$12.0043.75
no charge
$150.00156.00
$~54.50
$J.+..W32.75
$12.0013.75
$~27.25
$210.00218.50
Reservation
fee + $100.00
$~16.50
$J.+..W32. 75
$~27.25
$42.00
$~19.75
$~39.50
$a+,.oo59.25
$1.50
$7.50
3.01 - F4
PARKS RECREATION OEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
2. PROGRAM FEES & CHARGES
(a)
NEW PROGRAMS
(b) GLENN JARSTAO AQUATIC CENTER
ADMISSIONS
Youth (0-3 yrs.)
Youth (4-17 yrs.)
Adult (18-54 yrs.)
Seniors (55 & up)
Disabled
Adult Fitness
Senior Fitness
Disabled Fitness
Special Public
PUNCH CARDS
Youth
Youth
Adult
Adult
Senior/Disabled
Senior/Disabled
Fitness/Lesson
Fitness/Lesson
Senior/Disabled Fitness
Senior/Disabled Fitness
10 punch
20 punch
10 punch
20 punch
10 punch
20 punch
10 punch
20 punch
10 punch
20 punch
PASSES
Youth
Youth
Adult
Adult
Senior/Disabled
Senior/Disabled
6 months
12 months
6 months
12 months
6 months
12 months
SWIMMING LESSONS
Youth
Adult
Private
Semi-Private
Parent Tot
Family Lessons
30 min.
30 min
30 min.
30 min.
30 min. Family of 4
RATE
See Section
3,
subsection
(a)
NC
$2.75
$3.25
$2.75
$2.75
$3.25
$2.75
$2.75
$1.00
$22.00
$44.00
$26.00
$52.00
$22.00
$44.00
$26.00
$52.00
$22.00
$44.00
$118.000
$230.00
$140.00
$272.00
$118.00
$230.00
$3.75
$4.00
$14.00
$22.00
$3.25
$70.00
3.01 - F5
PARKS RECREATION OEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
ITEMS FOR SALE
Basic goggles
Deluxe goggles
Latex cap
Ear plug
Nose plug
New items
(includes Washington
State Sales Tax)
(c) ATHLETIC PROGRAM FEES
VOLLEYBALL
Co-ed (Fall & Winter)
Men and Women (Spring)
Men ::md Co ad S::md (Summer)
Open Gym (Oct. - June)
SOCCER
Player's fee
BASKETBALL
Men's League (Fall & Winter)
Boy's League (Winter)
Girl's (F::lII)
per team
per team
per team
per person
per player
per team
per team
per pbyar
$6.00
$14.00
$4.00
$3.00
$3.00
not to
exceed cost
plus 75%
RATE
$250.00
$250.00
$120.00
$~3.00
$42.00
$'175.00'190.00
$275.00
$57.75
SOFTBALL
Men's League (Spring) per team $550.00
Men's League - Players fee
(Spg) per player $20.00
Sunday Co-ed (Spring) per team $400.00
Sunday Co-ed - Players fee
(Spg) per player $15.00
Co-ed League (Fall) per team $460.00
Co-ed - Players fee (Fall) per player $~15.00
Men's League (Fall) per team $'110.00'126.00
Men's League - Players fee
(Fall) per player $~15.00
3.01 - F6
PARKS RECREATION DEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
TOURNAMENTS (SOFTBALL AND SOCCER)
-- INVITA T10NAL TOURNAMENTS
Lions - One Day
Lions - Two Day
Lions - Three Day
Pendergast - One Day
Pendergast - Two Day
Pendergast - Three Day
-- STATE TOURNAMENTS
Lions - One Day
Lions - Two Day
Lions - Three Day
Pendergast - One Day
Pendergast - Two Day
Pendergast - Three Day
$320.00
$500.00
$700.00
$390.00
$685.00
$800.00
$470.00
$700.00
$800.00
$590.00
$780.00
$950.00
-- Regional and National Tournaments will pay no less
than State fees, but rates will be negotiated
3. SENIOR CITIZEN CENTER AND RECREATION DIVISION PROGRAMS
(a) PROGRAM FEE FORMULAS. Except for the Sr. Citizens Trip program, participant fees for
activities (programs, classes, events, etc.) promoted by the Sr. Citizen Center and the
Recreation Division are established by the following formulas:
A. Activities when the instructor is on the payroll.
[(Total class hours including preparation) x (Instructor's hourly wage) x (~.1.Q Administration factor)]
divided by(minimum # of students per activity)] + (the cost of group supplies divided by minimum # of
students) + Cost of individual class supplies, if applicable = Student class fee for City of Bremerton
Resident.
B. Activities when the instructor is on contract.
[(Price per student required by the Instructor less class supply fees) x (~.1.Q Administration factor)] +
Class supply fees = Student class fee for City of Bremerton Resident.
C. Non-Resident Fees
For recreation classes, programs, swim passes and rentals - ranging from:
$5.00 to $25.00 add on 20%
$25.01 to $50.00 add a flat $5.00
$50.01 to $100.00 add a flat $10.00
$100.01 to $200.00 add a flat $20.00
$200.01 + add a flat $40.00
3.01 - F7
PARKS RECREATION DEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
(b) SR. CENTER ACTIVITIES. Participants pay an annual membership
feeresident or non residentin lieu of the 20% non-resident rate.
Couples Membership is for two people, at least one needs to be 55
or better, who reside at the same address.
Community Members Memberships are for Senior Living facilities
who are interested in purchasing a group of tickets (10,20 or
more).Residency is based on where the Senor Living facility is
located.
Associate Memberships are for those individuals not yet 55 but still
would like to participate in the programs, trips and classes offered at
the Center.
Senior Citizen - City Resident annual membership
Senior Citizen - Non-Resident annual membership
Senior Center - City Resident Couples annual membership
Senior Center - Non-Resident Couples annual membership
Senior Center - City Resident Associate annual membership
Senior Center - Non-Resident Associate annual membership
(c)
4. IVY GREEN CEMETERY - FEES AND CHARGES
SENIOR CENTER TRIPS
RATE
RESIDENT
(a) ADULT BURIAL
Grave Site
Opening/Closing
Liner
Oversize Liner (if required)
Grave Side Service Preparation (optional)
$882.00917.00
$551.25573.00
$5-10.75563.00
$783.72815.00
$153.72160.00
(~ VETERANS PLOT
Opening/Closing
Liner
Oversize Liner (if required)
Grave Side Service Preparation (optional)
Stone Marker Setting
Bronze Marker Setting
$551.25573.00
$5-10.75563.00
$783.72815.00
$183.75160.00
$w.-24104.00
$~104.00
(c) INFANT BURIAL
Infant Plot in Babyland
Opening/Closing
$215.-16224.00
$335.16348.00
RATE
$5.75
$11.50
$10.50
$21.00
$9.50
$15.75
RATE
actual costs
plus 25%
RATE
NON-RESIDENT
$1,058.101,100.00
$661.50688.00
$618.90675.00
$910.16978.00
$181.-16191.00
$661.50688.00
$618.90675.00
$910.'16978.00
$220.50191.00
$111.89125.00
$~125.00
$258.55269.00
$-102.19118.00
3.01 - F8
PARKS RECREATION DEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
Liner
Grave Side Service Preparation (optional)
RATE
RESIDENT
$235.62245.00
$183.75160.00
(d) DISINTERNMENT
Removal & opening of new site
Site Purchase
Liner
Removal (only)
Crom::JiningCremation Removal
$1152.901.199.00
$882.00917.00
$522.90544.00
$758.10788.00
$183.96191.00
(e) ADDITIONAL BURIAL COSTS
2 hr. max.
4 hour max.
$153.72160.00
$307:14319.00
(f) LINERS
Adult
Infant
Cremation Vault (2 piece)
Oversize Liner (if required)
$510.75563.00
$235.62245.00
$126.00131.00
$783.72815.00
(g) OPENING AND CLOSING
Adult
Infant (Babyland)
Urn Interment (per urn)
$551.25573.00
$335.16348.00
$105.00131.00
(h) BURIAL SITES
Adult
Infant (Babyland)
Infant (any site not in Babyland)
$882.00917.00
$215:16224.00
$882.00917.00
(i) INURNMENT
Cemont Vault
Opening/Closing
Grave Side Service Preparation (optional)
Second Right of Inurnment
$126.00131.00
$126.00131.00
$183.75160.00
$210.00218.00
(j) DISURNMENTS
Urn
$183.96191.00
(k) RAISE GRAVE
$123.18128.00
(I) MARKERS
5" x 8" bronze
4" x 12" x 2" x 3"
8" x 16" x 2" x 3"
plus tax
plus tax
plus tax
$~77.00
$~83.00
$M:-0O87.00
RATE
NON-RESIDENT
$282.71294.00
$220.50191.00
$1,383.181.438.00
$1,058.101,100.00
$627.18652.00
$922.32959.00
$220.75230.00
$181.16191.00
$368.93384.00
$618.90675.00
$282.74294.00
$151.20157.00
$910:16978.00
$661.50688.00
$102.19118.00
$126.00157.00
$1,058:101,100.00
$258.55269.00
$1,058.401,100.00
$151.20157.00
$151.20157.00
$220.50191.00
$252.00262.00
$220.75230.00
$118.18154.00
$~92.00
$9&:+61 00.00
$100.80105.00
3.01 - F9
PARKS RECREATION DEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
10" X 20" X 2" X 3"
12" X 24" x 2" x 3"
12" X 24" bronze
12" x 36" x 2" x 3"
14" x 36" x 2" x 3"
RATE
RESIDENT
$94-W99.00
$~104.00
$00-:-7a 104.00
$1-17.00153.00
$152.25158.00
plus tax
plus tax
plus tax
plus tax
plus tax
RATE
NON-RESIDENT
$113.10118.00
$119.70125.00
$119.70125.00
$176.10183.00
$182.70190.00.
5. GOLD MOUNTAIN GOLF COMPLEX (prices do not include sales tax)
(a) CASCADE COURSE RATE
Friday 18 Holes
Weekday 18 Holes *
Weekday 2pm - 3pm
Weekend/Holiday 18 Holes (3)
Weekend 2pm - 3pm
Weekday 9 Holes *
Weekend/Holiday 9 Holes
Weekday 9 Hole Continue*
Weekend/Holiday 9 Hole Continue
Twilight Weekday*
Twilight Weekend/Holiday
League Rate**
Senior 18 Holes*
Junior 18 Holes*
Junior Twilight Weekend/Holiday
All Day Monday - Tuesday
Annual Pass Single
Annual Pass Couple
Annual Pass Family***
Annual Pass Sr. Single**
Annual Pass Sr. Couple**
Semi Annual Single - first ~ of year
Semi Annual Single - second ~ of year
Semi Annual Couple - first ~ of year
Semi Annual Couple - second ~ of year
Semi Annual Sr. Single** - first ~ of year
Semi Annual Sr. Single** - second ~ of year
Semi Annual Sr. Couple** - first ~ of year
Semi Annual Sr. Couple** - second ~ of year
Senior Punch Card** (2)
Regular 20 Rnd Punch Card
Regular 10 Rnd Punch Card
Junior 10 Rnd Punch Card
Low Income Sr. Punch Card** **** (2)
$~35.00
$JG.,OO32.00
$27.00
$39.00
$31 .00
$~23.00
$25.00
$9.00
$15.00
$22.00
$25.00
$20.00
$2a,.OO27.00
$13.00
$14.00
$~58.00
$1,600.00
$2,600.00
$2,400.00 plus
$200.00 per junior
$1,100.00
$1,800.00
$800.00
$850.00
$1,300.00
$1,350.00
$550.00
$575.00
$900.00
$950.00
$200.00
$480.00
$260.00
$90.00
$90.00
3.01 - F10
PARKS RECREATION DEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
Corporate Pass* (2)
$2,300.00
Daily Private Cart
Annu31 C3rt Foc
Shotgun Tournament (Not To Exceed) 18
Hole Green Fee
Military Pass (100) no tax
$17.00
$110.00
$55.00
$2,200.00
* Monday through Thursday
** Not for Saturday, Sunday or Holiday
*** From June through September, juniors may only play after 11 a.m. on weekends and
holidays
**** Age 62 & up with household income < $18,000. RCW 71.38.070
1. A reduced rate, not less than the current twi-light rate, may be offered with the approval
of the Director of Parks & Recreation
2. May be used for twilight any day of the week including Holidays
3. Saturday, Sunday or Holiday (May - September Not to Exceed Rate)
(b) OLYMPIC COURSE
RATE
Friday 18 Holes
Weekday 18 Holes*
Weekday 2pm - 3pm
Weekend/Holiday 18 Holes (2)
Weekend 2pm - 3pm
Weekday 9 Holes*
Weekend/Holiday 9 Holes
Weekday 9 Hole Continue*
Weekend/Holiday 9 Hole Continue
Twilight Weekday*
Twilight Weekend/Holiday
Junior Twilight Weekend
All day Monday - Tuesday
League Rate**
Senior 18 Holes*
Junior 18 Holes*
Cascade Passes And Punch Cards
Shotgun Tournament (Not To Exceed 18
Hole Green Fee) (2)
Weekend Early Bird
Weekday Early Bird
Pass Plus
$46.00
$11.0042.00
$~34.00
$60.00
$44.00
$~26.00
$35.00
$+7,.0026.00
$~35.00
$25.00
$27.00
$20.00
$~58.00
$20.00
$~36.00
$23.00
$13.00
$70.00
$15.0017.00
$~33.00
$13.00
* Monday through Thursday
** Not for Saturday, Sunday or Holiday
**** Age 62 & up with household income < $18,000. RCW 71.38.070
3.01 - F11
PARKS RECREATION OEPT - RATE TABLE F
All Rates Listed Are "Not To Exceed" Fees
1. A reduced rate, not less than the current twi-Iight rate, may be offered with the approval
of the Parks & Recreation Director.
2. Saturday, Sunday or Holiday (May - September Not to Exceed Rate)
3.01-F12
PUBLIC WORKS AND UTILITIES - RATE TABLE G
All Rates Listed Are "Not To Exceed" Fees
G. PUBLIC WORKS AND UTILITIES DEPARTMENT
RATE
1. RIGHT-OF WAY USE PERMITS FEES
Type A (Short Term Use) Regular (Misc. Construction)
Dumpster - Individual personal use
Dumpster - Commercial/Construction
$160.00
No Charqe
$60.00
Type B (Disturbance of ROW)
Sidewalk Repairs (2 inspections)
Driveway, Transverse Street Patch and
Spot Patches (2 inspections)
Frontage Improvements (curb, gutter, sidewalk,
illumination, etc.); Longitudinal Street Patch~
and Utility Installation
New Street
Water & Sewer Mains & Laterals (ROW Permit)
(2 inspections)
Additional Inspection
$55.00
$160.00
$3.15/ftwith a $160.00 minimum
$5.25/ft with a $625.00 minimum
$160.00
$50.00
Type C (Long Term Use)
Application and Processing
Use longer than one year
$100.00
1/10 adjoining land value set in
the County Assessor's records per
square foot of impacted ROW
annually with a $100 minimum.
Use shorter than one year
1/50 adjoining land value set in
the County Assessor's records per
square foot of impacted ROW
monthly with a $100 minimum.
Type D Regular (Franchised Utility Routine
Maintenance)
$100.00
Plan Reviews
$0.25/foot of improvement with
$105 minimum
Additional Work
$45.00/hour + equipment charges
2.
RIGHT-OF-WAY VACATION
$575.00
3.
TELECOM MASTER PERMIT FEE
I
$525.00/one time
4.
TELECOM LICENSE FEE
$21 O.OO/one time
3.01 - G1