HomeMy WebLinkAbout03/04/2009 AGENDA
FILE
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 D Phone (360) 473-5280
***AMENDED***
MARCH 4, 2009
CITY COUNCIL MEETING AGENDA
1. BRIEFING: 5:00 - 5:30 P.M. in COUNCIL CONFERENCE ROOM 603
A. General Council Business
2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS
A. Pledge of Allegiance
B. Invocation
3. MAYOR'S REPORT
4. ANNOUNCEMENTS & PUBLIC RECOGNITION
5. CONSENT AGENDA
A. Claims & Check Register (#AB09-046)
B. Minutes of Meeting - February 18, 2009 (#AB09-047)
C. Minutes of Study Session - February 25, 2009 (#AB09-048)
D. Professional Services Agreement with Kitsap Community Resources/AmeriCorps for
management of Community Service Work Program (#AB09-049)
E. Purchase of a 2005 Komatsu forklift from UNITED RENTALS (#AB09-050)
F. Collective Bargaining Agreement between the City of Bremerton and Teamsters Local
#589 (#AB09-051)
G. Approval of Harborside Conference Center Parking and Plaza Agreement (#AB09-052)
H. Budget Adjustments relating to City Attorney and Risk Management Funds (#AB09-053)
I. Approval of Communications Tower Lease Agreement with USA MOBILITY WIRELESS,
I NC(#AB09-054)
6. GENERAL BUSINESS
A. Approval of Tower Lease Agreement with SEATTLE SMSA LIMITED PARTNERSHIP d/b/a
VERIZON WIRELESS (#AB09-055)
B. Concession Agreement with Bremerton Farmers Market for use of Evergreen Park
South Parking Lot (#AB09-056)
7. EXECUTIVE SESSION
A. 20-Minutes to discuss "Pending Litigation" per RCW 42.30.110(1 )(i) (#AB09-057)
8. COUNCIL MEMBER REPORTS
9. ADJOURNMENT OF CITY COUNCIL BUSINESS'MEETING
fa Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special
accommodations should contact the City Cler/<.'sOffice at (360) 473-5323 by noon on the Monday preceding the Council
meeting. . ,
&8)
COUNCIL MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISH YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
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~...
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
DATE SUBMITIED: 3/412009
BILL # _ AB09-046
AGENDA BILL
CITY OF BREMERTON ~LJ
CITY COUNCIL ;.,I n
............................................................................................
Claims & Check Register
Committee Meeting Date:
COUNCIL MEETING Date: March 4, 2009
Department: Financial Services
Presenter: Cathy Johnson
Phone: 473-5296
SUBJECT:
SUMMARY:
Consent Agenda item. Approval of checks and electronic fund transfers.
ATTACHMENTS: Check Register.
FISCAL IMPACTS (Include Budgeted Amount):
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~4~z:-~
CONSENT AGENDA r2J
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION:
1) Check #'s 330132 through 330271 and EFT's 8539 through 8578 in the amount of$I,566,694.68.
2) Regular Payroll for the pay period ending February 15, 2009 in the amount of $836,944.62.
3) Retiree Payroll for the pay period ending February 28,2009 in the amount of$91,372.36.
COUNCIL ACTION: ~ Approve 0 Deny 0 Table
D Continue D No Action
DA TE SUBMITTED:
BILL #
D~<- 047
~
AGENDA BILL
CITY OF BREMER TON
CITY COUNCIL
........................................................................................
SUBJECT: City Council Meeting Minutes
for meeting of
N/A
Marek 4 I 'J..oo9
City Council
Cecil McConnell
Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting held ~<<a.-ry / €} J 2..009
February J ~I 2(X)~
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
ATTACHMENTS: Meeting Minutes for feJo\"'1ltO.7 I@j 2-001
FISCAL IMP ACTS (Include Budgeted Amount): NI A
APPROVALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Council President
N/A
N/A
N/A
COMMITTEE CHAIR
COUNCIL PRESIDENT:
N/A
~'1;7:'~tl
CONSENT AGENDA
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, February 18, 2009
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
February 18, 2009, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6th Street, Bremerton, Washington, with Council President Cecil McConnell presiding.
Council Members present were Nick Wofford, Mike Shepherd, Roy Runyon, and Brad Gehring. Council
Members Will Maupin, Carol Arends, Dianne Robinson, and Adam Brockus were absent due to
attendance at the Association of Washington Cities Legislative Action Conference in Olympia. Also
present were City Attorney Roger Lubovich; City Clerk Carol Etgen; and Legislative Assistant Lori Smith.
A COUNCIL BRIEFING was held to discuss General Council Business; and at 5:30 PM the meeting moved
to the First Floor Meeting Chambers.
The Pledge of Allegiance was led by Council Member Brad GehrinQ followed by the invocation
provided by Reverend Debbie Little of First Christian Church.
MAYOR'S REPORT - On behalf of the Mayor, President McConnell...
. Introduced Andrew "Andy" Parks as City's the new Financial Services Director; and
. Welcomed Stacy Dore, West Sound Director of Special Projects for Boys & Girls Clubs of South
Puget Sound; and Ed Wolfe, along with several youth members of the Bremerton Naval Boys &
Girls Club who brought hand-made thank you cards to show their appreciation to the Council and
the City for providing funds from the Community Development Block Grant (CDBG) Award
Program so that a teen center can be built at the Naval Club.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Nick Wofford announced the SmileMobile, a fully equipped mobile dental clinic, will be at the Belfair
Elementary School located at 22900 NE State Route 3 from March 9 to 13 to provide dental care to
children with limited family income, and they will accept medical coupons. Please call (360) 277-2233 to
schedule an appointment. He also provided an advance announcement that the Hood Canal Bridge
would be closing for 6-weeks beginning in May 2009.
Brad GehrinQ announced that the Utility Billing Office moved on Monday, February 9 from their location
on Olympus Drive to the newly renovated Public Works Facility located at 100 Oyster Bay Drive; the
West Sound Business Expo will be held at the Kitsap Sun Pavilion on Thursday, February 19 from 4:00
to 7:00 PM; and there will be a Lions Park Design Meeting on Tuesday, February 24 beginning at 6:00
PM at the Sheridan Park Community Center located at 680 Lebo Boulevard.
Roy Runyon explained that the "Write Plan C" Committee was formed to work on ideas for alternative
Ferry funding and their next meeting would be held on Saturday, February 28, beginning at 9:00 AM at
the Norm Dicks Government Center.
Gordy Byrd expressed his concern that routes have been cut and fees increased by Kitsap Transit.
CONSENT AGENDA
A. Check Numbers 329800 through 330131; and EFT-8502 through EFT-8538 in the amount of
$2,4 71,769.23; and Regular Payroll in the amount of $761,629.86 for the pay period ending January
31, 2009 (#AB09-028)
B. Minutes of Meeting - February 4, 2009 (#AB09-029)
C. Minutes of Work Session - February 7,2009 (#AB09-030)
D. Minutes of Study Session - February 11,2009 (#AB09-031)
City Council Reg. Mtg. Minutes
Wednesday, February 18, 2009
Page 2 of 4
E. Confirm the appointment of A. Andrew Parks as Director of Financial Services; and approve the hire
above Pay Step 1 at Step 7 of Band 22 (#AB09-032)
F. 2009 Property Insurance Renewals (#AB09-033)
G. Purchase of Excess Liability, Excess Workers Compensation, and Crime Insurance (#AB09-034)
H. Resolution No. 3077, approving the "Cornerstone Place" Final Plat (#AB09-035)
I. Approve Lease Agreement with PINNACLE TOWERS LLC for Pinnacle/Goldspar towers at Gold
Mountain (#AB09-036)
J. Approve Lease Agreement with PINNACLE TOWERS LLC for Pinnacle Motorola towers at Gold
Mountain (#AB09-037)
K. Approve Lease Agreement with STC FIVE LLC for Sprint Nextel towers at Anderson Creek (#AB09-
038)
L. Approve the purchase of 8 Ford Crown Victoria Patrol Cars(#AB09-039)
M. I\pprove the purch3se of 1 Dodge Avenger Police 8t3ff Vehicles (#/\B09 010) Pulled down to
General Business as Item 6A, Resolution No. 3079...
N. Resolution No. 3078, approving a name change of Makayla Avenue to Sound Ridge Drive (#AB09-
041 )
O. Approve State Participating Agreement for demolition of 650 Washington Avenue (#AB09-042)
P. Approval of Remedial Action Grant Agreement with Department of Ecology (DOE) for Chevron
Property (#AB09-043)
There were no questions or comments from the public.. .
5:50:35 M/S/C/U (Runyon/Wofford) Move to approve the CONSENT AGENDA as presented.
GENERAL BUSINESS
6A - RESOLUTION NO. 3079, APPROVING AND AUTHORIZING A SOLE SOURCE CONTRACT FOR
THE PURCHASE OF FOUR (4) DODGE AVENGER POLICE STAFF VEHICLES (#AB09-040):
Phil Williams, Director of Public Works & Utilities, explained that the 2009 Budget shows authorized
replacement of four staff vehicles, and that the original request was to purchase the 2009 Dodge
Avengers from the authorized dealer under Washington State Contract #04508, DWAYNE LANE FLEET HQ
of Everett, WA at a total cost of $75,877.16 (including sales tax, but without police equipment).
However, because the City Council expressed their desire to save money and purchase the vehicles
locally, the resolution if approved, will waive the bidding requirement and authorize a sole source
contract for the purchase of the four Dodge Avenger police staff vehicles from BREMERTON DODGE at a
cost of $16,895 each (including tax). The replacement vehicles will be placed on a 1 a-year linear
replacement collection within the ERR Fund (Department 46, Fund 510) based on their final cost to the
City. The EPA mileage rating of these vehicles is 19 mpg in the city, and 27 mpg on the highway.
5:55:05 M/S/C/U (Runyon/Wofford) Move to approve Resolution No. 3079, approving and authorizing a
sole source contract for the purchase of four (4) Dodge Avenger Police Staff Vehicles.
PUBLIC HEARING
7A- ORDINANCE NO. 5077, AMENDING THE COMPREHENSIVE PLAN AND ZONING CODE FOR
THE ADOPTION OF THE BAY VISTA (FORMERLY WESTPARK) SUB AREA PLAN (#AB09-044):
Andrea Spencer, Director of Community Development, explained that the City's 2004 Comprehensive
Plan encourages the preparation of sub area plans for several areas of the city, one of which is the
Westpark site. In 2007, the City adopted the Westpark Sub Area Plan. Since 2007, additional site
analysis has been conducted and the Bremerton Housing Authority (BHA) has determined that it is
City Council Reg. Mtg. Minutes
Wednesday, February 18, 2009
Page 3 of 4
desirable to make changes to the adopted Westpark Sub Area Plan to foster redevelopment of the site.
BHA has also formally renamed the site "Bay Vista". After an extensive public outreach process, BHA
developed a revised plan proposal, the Bay Vista Sub Area Plan, and it is this plan that is now before the
Council for review and approval.
The proposed ordinance accomplishes three things: 1) Repeals the Westpark Sub Area Plan as adopted
by Ordinance No. 4998 2) Adopts the Bay Vista Sub Area Plan as part of the Comprehensive Plan. This
amendment to the Comprehensive Plan was authorized by Resolution No. 3076 which allowed
consideration of this amendment outside the annual cycle. 3) Amends Bremerton Municipal Code
(BMC) Section 20.80.080, Master Development Zone, which will activate the development standards
contained within the Bay Vista Sub Area Plan.
Richard Weinman, consultant with the Bremerton Housing Authority, provided a PowerPoint@
presentation to brief the Council on the major changes in the revised plan.
President McConnell opened the public hearing.. .
Gordy Byrd was concerned about what type of establishments would be allowed, in particular grocery
stores that might sell tobacco and/or alcohol, because young people would be living in the area. Mr.
~einman stated that at this point, the Bremerton Housing Authority does not know who the future
tenants will be.
6: 14: 37 With no further comments, President McConnell closed the hearing to the public...
6:14:46 Main motion was made and seconded; then discussion began by Council Members...
Roy Runyon questioned traffic impacts. Mr. Weinman responded that traffic impacts were addressed
in the SEPA Addendum for the revised sub-area plan that was published in January, but noted that
traffic impacts would be addressed again in response to some of the issues that were raised in the last
study session, and that an updated traffic report will be presented along with the preliminary plat
application.
Brad Gehrina was impressed with many aspects of the plan however he also expressed his concern
about the impact of increased traffic, particularly the impact on the nearby Oyster Bay Center, and was
interested to see how the issue was going to be addressed. Another concern mentioned was the 95%
clearing of the area.
Nick Wofford mentioned that he lives very close to this area and was excited about the project. He also
suggested that citizens join him in requesting Bremerton as a new location for the next Trader Joe's
through their website at www.traderioes.com.
6:21 :46 M/S/C/U (Runyon/Wofford) Move to pass Ordinance No. 5077, repealing the Westpark Sub
Area Plan as adopted in Ordinance No. 4998, to amend the Comprehensive Plan to include the Bay
Vista Sub Area Plan, and to amend BMC Section 20.80.080 to activate the development regulations
detailed in the plan.
6:22:00 President McConnell announced that Council would now recess for a 20-Minute Executive.
Session to discuss "Pending Litigation" per RCW 42.30. 11 O( 1 )(i) and that action would be action taken.
EXECUTIVE SESSION
8A - REGARDING "PENDING LITIGATION" PER RCW 42.30.110(1 Hi) (#AB09-045)
6:42:10 M/S/C/U (Wofford/Runyon) Move to approve settlement in the matter of American Honda Motor
Company, Inc., Chrysler Motors, LLC, and Ford Motor Company v. City of Bremerton; and authorize the
Mayor to negotiate and finalize final payment to the City.
City Council Reg. Mtg. Minutes
Wednesday, February 18, 2009
Page 4 of 4
COUNCIL MEMBER REPORTS
Mike Shepherd was pleased to report that during his last neighborhood meeting, plans were made for
landscaping four of the churches and two adjacent residential properties in the neighborhood.
Roy Runyon apologized for any confusion but clarified that a few weeks ago the Council only approved
the establishment of the Bremerton Transportation Benefit District, but Council has not yet identified a
funding source; encouraged citizens to buy goods locally in the City of Bremerton; and lastly he reported
on a trip he made to Olympia this morning with approximately 250 other citizens to lobby for an
alternative to Washington States Ferry's proposed Plan B that would reduce ferry service.
Brad Gehrinq reported on his attendance at the welcoming reception for Admiral Roughhead that was
hosted by the Puget Sound Naval Base Association; and welcomed new Finance Director Andrew Parks
to the City of Bremerton.
With no further business, President McConnell adjourned the Council Meeting at 6:45 PM.
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
D^ TE SUBMITTED:
BILL #
01.- D4B
5C
AGENDA BILL
CITY OF BREMER TON
CITY COUNCIL
........................................................................................
SUBJECT: City Council Meeting Minutes
for meeting of
N/A
,M{Jf'ckt 4 I 2oo't
City Council
Cecil McConnell
Council President
Phone: (360) 473-5280
SUMMARY: Attached is a summary of the City Council Meeting held FeJort.<..ctr1 2 ~ 200 ~
F4Y'1Ul '0f d. 5"1 2od1
S1vdy 5~55roh
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
ATTACHMENTS: Meeting Minutes for feb (7.)....()..ry .2 5/ 2.009
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/A
~'I;; 7'~"'"'tl
CONSENT AGENDA pi(
GENERAL BUSINESS 0
PUBLIC HEARING 0
RECOMMENDED MOTION: Move to approve the Consent Agenda as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, February 25,2009
The weekly meeting of the City Council of the City of Bremerton was called to order in the City
Council Conference Room 603, of the NORM DICKS GOVERNMENT CENTER, 345 6th Street,
Bremerton, Washington, Wednesday, February 25, 2009, at 5:00 PM, with Council President
Cecil McConnell presiding. Council Members present were Nick Wofford, Will Maupin, Carol
Arends, Dianne Robinson, Mike Shepherd, Roy Runyon, Adam Brockus, and Brad Gehring.
Legislative Assistant Lori Smith was present to provide staff support.
President McConnell announced that the Study Session was open to the public, but there
would be no opportunities for input or participation; that no action will be taken, and the content
of these items is subject to change. He also announced that immediately following the Study
Session, a Work Session would be held by the Bremerton Transportation Benefit District Board.
A. NO DISCUSSION ITEMS
1. Professional Services Agreement with Kitsap Community Resources/Americorps for
management of Community Service Work Program - Theresa Ewing, Municipal
Court Manager; and Will Maupin, Public Safety, Parks, & Planning Committee Chair
Consent
2. Purchase of a 2005 Komatsu forklift from UNITED RENTALS - Pat Coxon, Wastewater
Treatment Plant and Brad Gehring, Public Works Committee Chair Consent
3. Approval of Communications Tower Lease Agreement with USA MOBILITY
WIRELESS, INC. ...,.. Paul Lucas, Public Works & Utilities; and Brad Gehring, Public
Works Committee Chair Consent
B. EXECUTIVE SESSION
1. 5-Minute Executive Session to review "Labor Negotiations" per RCW 42.30.140
(4)(b) Consent
C. FULL DISCUSSION ITEMS
1. Approval of Tower Lease Agreement with SEATTLE SMSA liMITED PARTNERSHIP d/b/a
VERIZON WIRELESS - Paul Lucas, Public Works & Utilities; and Brad Gehring, Public
Works Committee Chair General Business
2. Concession Agreement with Bremerton Farmers Market for use of Evergreen Park
South Parking Lot - Wyn Birkenthal, Parks & Recreation Director; and Will Maupin,
Public Safety, Parks, & Planning Committee Chair General Business
3. Approval of Harborside Conference Center Parking and Plaza Agreement - Roger
Lubovich, City Attorney; and Nick Wofford, Finance Committee Chair Consent
4. Budget Adjustments relating to City Attorney and Risk Management Funds - Roger
Lubovich, City Attorney; and Nick Wofford, Finance Committee Chair Consent
D. GENERAL COUNCIL BUSINESS
Briefings were provided by several Council Members on their attendance at local events this
past week.. .
City Council Reg. Mtg. Minutes
Wednesday, February 25, 2009
Page 2 of 2
President McConnell adjourned the Study Session at 5:50 PM. Please see separate Meeting
Minutes for the Bremerton TBD Work Session that was held immediately following the Study
Session.
Prepared and Submitted by:
L~
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
CECIL McCONNELL, City Council President
CM:CE:ls:cg
DATE SUBMITTED:
BILL #
OqJ 04Q
5D
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
.......................................................................................1
SUBJECT: Professional Services
Agreement for Management of Community
Service Work Program
Committee Meeting Date: 2-11-09
COUNCIL MEETING Date: 3-4-09
Department: Municipal Court
Presenter: Theresa Ewing
Phone: 473-5242
SUMMARY: The professional services agreement between the City of Bremerton and Kitsap
Community Resources/AmeriCorps (KCRfAmeriCorps) for Management of the Bremerton
Community Service Work Program is being renewed for 2009 - 2011. The Professional Services
Agreement with KCRf AmeriCorps provides for over site and daily organization of defendants
assigned to perform community service of either or fines or as part of their sentencing. The
compensation will be $18,675.00 per year for 2009,2010, and 2011. Budget expenditures will be
1/1ih of the budget each month for each contract year.
ATTACHMENTS:
Professional Services Agreement with Kitsap Community Resources/ AmeriCorps for Bremerton
Community Service Work Program
FISCAL IMPACTS (Include Budgeted Amount): $18,675 per year for 2009,2010,2011. Adequate
funds are currently included in the 2009 Municipal urt udg 5"/2.. S-o 17 Slf '11 c)
~""")
APPRO V ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~.
_ . 7'
~~Cj,{l rZ::ir
CONSENT AGENDA fiI
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION:
1. Move to approve the Professional Services Agreement between the City of Bremerton and
, Community Resources/ AmeriCorps and authorize the Mayor to finalize and execute the
agreement with the same terms and conditions as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
PROFESSIONAL SERVICES AGREEMENT
Bremerton Community Service Work Program
THIS AGREEMENT is between the City of Bremerton, a Municipal Corporation (hereinafter
referred to as "City") and Kitsap Community Resources/ AmeriCorps, a non-profit corporation
(hereinafter referred to as "KCR/ AmeriCorps").
1. SCOPE: KCR/AmeriCorps agrees to manage the City of Bremerton Community Service (CSW)
Work Program. Defendants convicted in Bremerton Municipal Court are directed to the Community
Service Work Program (CSW) to provide a specified number of hours oflabor for the City in lieu of
jailor fines.
The Bremerton Municipal Court will provide KCR/AmeriCorps with the defendant's agreement
or form, which shall include the defendant's name, case number, start date and number of community
service hours to be performed by the defendant. KCR/AmeriCorps will supervise the defendants in the
performance of community service work and provide a report to the Court indicating whether a
defendant has fulfilled his or her community service obligation.
Reporting guidelines shall include, but are not be limited to:
a. Individual status reports that indicates completion, noncompliance for non-completed
hours or "no shows".
b. Monthly report that summarize scope of work of Community Service Work
performed.
c. Monthly report indicating sites and hours worked daily.
d. Incidental reporting should be forwarded to the Court in a timely manner.
Determination of status is the responsibility of the KCR/AmeriCorps coordinators.
e. Monthly reporting should be forwarded to the Court by the 5th day of each month
while this contract is in effect or within 5 working days of termination of this
agreement.
As in the past, defendants can perform their community service hours at remote locations with
other 501(c)(3), non-profit organizations and in accordance with Washington State statutes governing
the performance of community service. The need for remote assignment is designated at the discretion
of the KCR/AmeriCorps staff. KCR/AmeriCorps staff, on the basis of the following circumstances,
shall determine a defendant's request for other assignment:
a. Travel to the City CSW Program is an overwhelming barrier to attendance for
Community Service at the designated report location.
b. Defendant can prove reasonable need or hardship that would benefit both parties for
Community Service to be performed outside the normal working days and/or hours,
which the KCR/ AmeriCorps program operates.
c. The Defendant has a verified medical reason, either physically or mentally, that
would prevent working physical labor.
2. TERM: Contract shall commence on January 1, 2009 and will terminate December 31, 2011
3. COMPENSATION: City shall pay KCR/AmeriCorps the sum of Eighteen thousand Six Hundred
Seventy Five dollars ($18,675.00), for the year 2009, Eighteen thousand Six Hundred Seventy Five
dollars ($18,675.00) for year 2010, and ($18,675.00) for year 2011. KCRfAmeriCorps will be paid
l/lih of the budgeted yearly amount each month for the contract years.
4. PROGRAM DESCRIPTION: KCRfAmeriCorps will operate the program in the City of
Bremerton. Report dates for defendants will be established by the Court and will be from October
16th through September 30th of each contract year. October 1 st through October 15th
KCRf AmeriCorps members will be in program orientation for their service term and no hours of
community service will be worked with the program during designated dates. Designated report
dates and times will be available to ensure forty (40) hours of service can be performed each week
with the exclusion of KCR observed holidays. Activities will vary and will address environmental,
recreational and human service needs. City of Bremerton requests shall have priority. Work
requests that are outside the scope or resource availability of the program will either be delayed or
assigned to another entity.
5. RELATIONSHIP OF PARTIES: The parties understand and agree that KCRfAmeriCorps is an
organization skilled in matters pertaining to community service programs and will perform
independent functions and responsibilities in the area of its particular field of expertise.
KCRf AmeriCorps and its personnel shall act as independent contractors and not employees of the
City. As such they have no authority to bind City or control employees of the City, contractors, or
other entities. Within the performance of these duties, KCRf AmeriCorps shall work under the
direction of the Court Services Manager.
6. INDUSTRIAL INSURANCE: KCRf AmeriCorps agrees to provide for State industrial insurance
coverage for its personnel as required by State Law.
7. LICENSE AND TAXES: KCRfAmeriCorps shall possess a current Bremerton Business license and
any regulatory license required fulfilling its obligations under this Agreement. B&O taxes shall be
paid when due and KCRf AmeriCorps, by this Agreement, assigns any payments due under this
Agreement to the City Clerk for payment of such taxes, which have been declared delinquent.
8. INSURANCE AND HOLD HARMLESS: Prior to and during the performance of the work
covered by this Agreement, KCRf AmeriCorps shall provide the Risk Manager for the City of
Bremerton, with evidence that it has obtained and maintains in full force and effect during the term
of this Agreement, a policy of professional liability insurance, providing coverage of at least
$1,000,000.00 (one million), against professional liability or errors and omissions in connection with
the work to be performed by KCRfAmeriCorps under this Agreement. Risk Manager shall be
provided thirty (30) days' written notice of any cancellation of said professional liability insurance.
KCRfAmeriCorps 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 or the
performance of this Agreement, whether such injuries to persons or damage to property is due to the
negligence of KCRf AmeriCorps, its subcontractors, agents, successors or assigns. This provision
shall be inapplicable to the extent the City is judicially found solely negligent for such damage or
Injury.
2
9. GENERAL CONDITIONS:
a. Reports and Information - KCRf AmeriCorps, at such times and in such forms as the City
may require, shall furnish the city such reasonable periodic reports and documents as it may
request pertaining to the work or services undertaken pursuant to the Agreement, the costs
and obligations incurred or to be incurred in connection therewith, and any other matters
covered by this Agreement. KCRf AmeriCorps will maintain accounting records in
accordance with generally accepted accounting principles and practices to substantiate all
invoiced amounts.
b. Vehicles - The City will provide a passenger van and pickup truck, vehicles for abatement
clearing, maintenance on said vehicles, including all regularly scheduled preventative
maintenance and/or corrective maintenance required during normal operation. The City
agrees to register said vehicles as required in order for the vehicles to be operated legally. If
the City is unable to provide or replace vehicles that are not operable for more than three (3)
working days, the Court Services Manager or designee shall suspend service or agree to
provide travel claim expenses at .415 cents per mile for any KCR vehicle that is used to
continue agreement requirements. KCRf AmeriCorps will require that all operators possess a
legal drivers license at the time of operation of said vehicle.
c. Entire Agreement - this Agreement constitutes the entire agreement between the parties and
both parties acknowledge that there are no other agreements, written or oral, that have not
been fully set forth in the text of this Agreement.
d. Amendments - the parties hereby further agree that this Agreement cannot be amended or
modified without the written concurrence of both parties.
e. Notices - Any notices required to be given by the City to KCRf AmeriCorps or by
KCRf AmeriCorps to the City shall be in writing and delivered to the parties at the following
addresses:
City Clerk
345 Sixth St.
Bremerton, W A. 98337
Russ Donahue, KCRf AmeriCorps
845 8th Street
Bremerton, W A 98337
f. 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.
g. Compliance with State, Local and Federal Laws - KCRfAmeriCorps agrees to comply with
all applicable local, state and federal laws in performance of all services under this
Agreement.
h. Applicable Law; Venue - this Agreement shall be construed and interpreted in a(:cordance
with the laws of the State of Washington and, in the event of dispute, the venue of any action
brought hereunder shall be in Kitsap County Superior Court.
3
1. Attorney Fees - 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.
10. NONDISCRIMINATION: KCR/AmeriCorps shall not discriminate in employment or services
to the public on the basis or race, color, national origin, sex, religion, age, marital status or disability,
except employment actions based on a bona fide occupational qualification.
11. TERMINATION: this Agreement may be terminated by either party for convenience upon thirty
(30) days' written notice to the other party, or for cause if either party fails substantially to perform
through no fault of the other and does not commence correction with in five (5) days of written
notice and diligently completes the correction thereafter. Upon such termination, City will be
entitled to reports showing the status of all matters upon which KCR/AmeriCorps is advising the
City as of the effective date of terminations.
IN WITHNESS WHEREOF the parties hereto have executed this Agreement the date and year
indicated.
KITSAP COMMUNITY RESOURCES/ AMERICORPS
Date:
BY:
LARRY EYER, Executive Director
CITY OF BREMERTON
Date:
BY:
CARY BOZEMAN, Mayor
DEP ARTMENT AL APPROVAL:
THERESA EWING, Court Services Manager
APPROVED AS TO FORM:
ROGER LUBOVICH, City Attorney
4
June 15,2008
To: Theresa Ewing
City Of Bremerton
From: Russ Donahue, AmeriCorps Program Director
Kitsap Community Resources
Subj: City of Bremerton CSW Budget proposal for calendar years 2009, 2010, and 2011.
At your request we are submitting a contract budget proposal for the Bremerton Municipal Court
Community Service Worker Program for three years instead of one. The increases reflected are for office rental
and utilities increases, Administration and Liability Insurance and incremental supervisory increases for all three
years of the proposed contract.
We are requesting annual funding of$18,675.00 for (Fy 2009), $18,675.00 (FY 2010) and $18,675.00
(FY 2011).
The following is a breakdown of the ro osed funding:
(Rent & Liability Insurance)
$ 1,100.00
$ 2,575.00
$ 3,500.00
$18,675.00
20111 Proposed Budget Amount Proposed
Cash match for AmeriCo s members ($3750 er member)
Tools and Safe E ui ment
Office supplies (computer supplies and maintenance, printer,
co in a er, etc)
S u ervisor salary
Administration (Rent & Liabili Insurance)
Total
$ 7,500.00
$ 4,000.00
$ 1,100.00
$ 2,575.00
$ 3,500.00
$18,675.00
2011 Proposed Budget Amount Proposed
Cash match for AmeriCo s members ($3750 er member)
Tools / Safe E ui ment /
Office supplies (computer supplies and maintenance, printer,
co yin a er, etc)
Supervisor sala
Administration Rent & Liabili
Total
$ 7,500.00
$ 4,000.00
$ 1,100.00
$ 2,575.00
$ 3500.00
$18,675.00
Please let me know if there is any additional information you require for your budget hearings. I look
forward to continuing our successful working relationship in the CSW program.
Russ Donahue
5
DATE SUBMITTED: February 18, 2009
BILL # 0 q ... 0 CO 0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SE
........................................................................................
SUBJECT: Purchase of a 2005 Komatsu
forklift from United Rentals to replace
existing 25 year old Forklift.
Committee Meeting Date: February 25,2009
COUNCIL MEETING Date: March 4, 2009
Department: PW &U WWTP
Presenter: Pat Coxon
Phone: 473.5448
SUMMARY:
The WWTP currently has a forklift that is twenty-five years old, and is at the end of its life-cycle.
The existing WWTP forklift is not in the ERR Fund. The WWTP would like to purchase a used 2005
Komatsu forklift from United Rentals that has 1983 hours on the unit for $12,489.00 (including tax).
The newly purchased forklift would be added to the ERR Fund, and the existing forklift would
auction as surplus equipment.
ATTACHMENTS: 1) United Rentals Proposal; 2) Photos.
FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the 2009
Wastewater/PS Capital Budget of $500,000. Bars #: 594.3535.56430
APPROVALS: C'// '
DEPARTMENT DIRECTOR:/'....'.
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
. ,~..-....,.
CONSENT AGENDA ~
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the purchase ofa 2005 Komatsu forklift from
United Rentals for $12,489.00 (including tax).
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
800-UR-RENTS (800-877-3687)
unltedrentals.com
LOCATION #054
5950 STATE HIGHWAY 303 NE
BREMER TON, WA 98311
360-373-1234 360-373-1696 FAX
11111111111111111111111111111
EQUIPMENT SALE
QUOTE
# 79405030
o United Rentals.
Customer Number
Quote Date
766137
2/03/09
CD
.&J
....
OJ
~
SEWER TREATMENT PLANT
1600 OYSTER BAY AVE S
BREMERTON, WA 98312-4735
Job Location
Job Number
P.O. Number
Ordered By
Written By
Salesperson
1600 OYSTER BAY AVE S, BREM
3
QUOTE
JOHN
UR054DD
7410
Office: 206-478-5965 Cell: 360-473-5450
5-1
B
.&J
ID
B
BREMERTON CITY OF
100 OYSTER BAY AVENUE
BREMERTON, WA 98312
Qty
1
Equipment #
Price
Amount
SALES
Qty
1
713167
FORKLIFT WHSE
Make: KOMATSU
Model Year: 05
ITEMS:
Item number
UNITED GUARD
UNITED GUARD WARRANTY
UM: (EA) EACH
CC: 231-1203
5000 PNEUMATIC*
Model: FG25T-14
HR OUT: 1983.100
11296.66
11296.66
Serial #: 587098
Stock class Unit
MCI EA
Price
203.340
Amount
203.34
Sub-total: 11500.00
Tax: 989.00
Estimated Total: 12489.00
Customer is hereby notified that United Rentals has assigned its
rights (but not its obligations) in the agreement to sell all or
any of the used equipment described herein to United Rentals
Exchange, LLC., a qualified intermediary, as part of a Section
1031 like-kind exchange program.
Note: This proposal may be withdrawn if not accepted within 30 days.
THIS IS NOT AN EQUIPMENT SALE AGREEMENT/INVOICE. THE SALE OF EQUIPMENT AND ANY OTHER ITEMS LISTED ABOVE IS SUBJECT TO AVAILABILITY AND ACCEPTANCE OF THE
TERMS AND CONDITIONS OF UNITED'S EQUIPMENT SALE AGREEMENT/INVOICE, WHICH MUST BE SIGNED PRIOR TO OR UPON DELIVERY OF THE EQUIPMENT AND OTHER ITEMS.
Page: 1
" ,):1~>
DATE SUBMITTED: February 18, 2009
BILL #
OQ-051
SF
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: Collective Bargaining
Agreement between the City and Teamsters
Local #589.
Committee Meeting Date: Executive Session
2/25/09
COUNCIL MEETING Date: 3/4/09
Department: Financial Services
Presenter: Carol Conley, HRMgr.
Phone: 473-5347
SUMMARY: Pursuant to RCW 41.56, negotiations have concluded between representatives of the
City and the Teamsters resulting in the attached Collective Bargaining Agreement (CBA). These
negotiations have been discussed with Council in Executive Sessions. This CBA replaces the current
one that expired on December 31, 2008. The new CBA is for a three (3) year term, beginning January
1,2009 through December 31,2011. It was ratified by the Teamsters' membership on February 24,
2009. Council approval is required to implement this agreement.
A TT ACHMENTS: Proposed Collective Bargaining Agreement between the City and Teamsters
Local #589
FISCAL IMP ACTS (Include Budgeted Amount): There are sufficient funds in the 2009 budget to
cover the cost of the proposed contract. The projected cost of implementing this CBA for all funds in
2009 is $602,606.
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS 0
PUBLIC HEARING 0
APPROV ALS:
DEP ARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
RECOMMENDED MOTION: Motion to approve the Collective Bargaining Agreement by and
.between the City and Teamsters Local #589, January 1,2009 through December 31,2011, 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
I :il El 1_\' 1,' r0i ~2iLl'c21l:;}tiJk ~1 tj(l II
COLLECTIVE BARGAINING AGREEMENT
BY AND BETWEEN
THE CITY OF BREMERTON
AND
GENERAL TEAMSTERS LOCAL UNION NO. 589
(!)."".
. I'.. ".
...,:
m
';~{~f~~~i)'
,',,";~ ~~ ~ ':~, ,~; {(",~.~;,~" : . \',~ J~Cl,:tZ~73, ~.: ~'; ~~1;',;Y;lt~:S:;
January 1, 2002{l through December 31, 200llS
TABLE OF CONTENTS
TO THE
AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
AND
GENERAL TEAMSTERS LOCAL UNION NO. 589
JANUARY 1, 200~~6 THROUGH DECEMBER 31, 201 Lng
PREAMBLE ........ ............... .............................................................................................. ........... ... ..................... ...5
ARTICLE 1 ....... .... Non-Discrimination ....... ... ................ ... ........................ ................ ................ ... ................. ..... ...5
ARTICLE 2 ....... .... Recognition. ....... .............. ................................................. ........ ................. ............ .... ..... ... ......5
ARTICLE 3 ........... Union Dues .............................................................................................................................. 6
ARTICLE 4 ........... Union Access ........................................................................................................................... 7
ARTICLE 5 ........... Wages .......................................................................................................................................8
ARTICLE 6 ........... Hours of Work.......................................................................................... ..............................11
ARTICLE 7 . ... ....... Overtime . ....... ..... ................... .......... ....... .............. ............... ........... ......... ..... ....... .............. ,IJ,,1-:6
ARTICLE 8. . .... . . .. . Probationary Period. . . .. . .. . . . . .. . .. . .. . . .. .. . . .. .. . .. . . . . .. . .. . .. . . .. . .. . . . . .. . . . .. . . .. . . . . . . . .. . .. . .. 12
ARTICLE 9........... . Vacation Leave ...................................................................................................................... 15
ARTICLE 10 ......... Holidays ......................................................................................................... ........................ 18
ARTICLE 11 ......... Sick Leave And Industrial Disability .................................................................................... 19
ARTICLE 12 ......... Other Paid Leave ...................................................................................................................22
ARTICLE 13 ......... Retirement Benefits............................................................................................................ :2_4~J
ARTICLE 14 ......... Insurance Benefits ................................................................................................................. 24
ARTICLE 15 ......... Work Related Expenses......................................................................................................~5M
ARTICLE 16 ......... Subcontracting Work ......................................................................................................... 2(~M
ARTICLE 17 ......... Municipal Court Non-Civil Service Employees Employment Rights................................ c}Sl24
ARTICLE 18 ......... Drug Free Work Place ....................................................................................................... ~jl24
ARTICLE 19 ......... Bus Passes ......................................................................................................................... JJ,24
ARTICLE 20 ......... Management Rights ...........................................................................................................)J ~4
ARTICLE 21 ......... Work Stoppages ................................................................................................................. 3__~~4
ARTICLE 22 ......... Grievance Procedure ......................................................................................................... 3,:2,2-+
ARTICLE 23 ......... Severability ...... ................................... ............ ........... ............... ..... .............. ............ ..........) 3,24
ARTICLE 24 ......... Entire Agreement ...............................................................................................................J:l:2:4
ARTICLE 25 ......... Conflicting Provisions .......................................................................................................3:124-
ARTICLE 26 ......... Labor Management Committee ......................................................................................... 3\24-
ARTICLE 27.... ..... Job Sharing .............................................................................................................................. 30
ARTICLE 28.......... Temporary Assignment And Special Assignment...............................,................................... 31
ARTICLE 29.......... Wastewater Treatment Plant Employees................................................................................. 31
ARTICLE 30 ....... Teamsters Supplemental Pension Plan ............................................................................... J]2-4
ARTICLE 31 ..... ...Downtown Parking................................................................................. ......32
ARTICLE 32....... ..Automatic Promotion from Planner I to Planner II............ ...... ...... ......... ... ............ 32
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 2 01'47
ARTICLE 33 ........Term... ... ... ... ... ... ...... .., ...... .,. ... ... ... .., ... ... ... ... ...... ...... ... ... ... ... ... ... ... ... ...... .32
ARTICLE 34.......... Discipline (NEW)....................................................................................... .34
ARTICLE 35.......... Seniority (NEW)....................................................................................... 35
ARTICLE 36.. ........ Layoffs/Recalls (NEW)...... ... ... . ........ .. . ... ... ... ... ... ... ...... ...... ...... ......... ... ..........3 5
ARTICLE 37.......... Promotion (NEW)....................................................................................... 39
ARTICLE 38.......... Employment Information and Guidelines (NEW)................................................... 39
ARTICLE 39.......... Union Bulletin Boards (NEW...........................................................................41
ARTICLE 40.......... Other Issues Relating to Conversion from Civil Service (NEW)................................. ..41
AP P EN D IX A . . . . . .. Pay S ched u I e.,-;;-;-;-;-;-;--;-c-: O'-;-;-;-;'CC-CC", ';-;:-:c C-;C";-;~ C-:-. ';'.-:-0'7;: ",-;-;-C-:-:-C:-C-;-C-;7'.-:-;-C':-CC-CC-CC'. " ;-;-C";-;-; -;--;-'0'. '. ~--;-';-;-:-':-;C"-;-c'C-;'4J
~~J>I) LNJ21 X,I~-, '. ,,--,-,:..,_CJ~lg;jnl::,~IJJ.() Ll "),t:,ri ~ ~
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 3 of 47
ALPHABETICAL SUBJECT INDEX
APPENDIX A..... .... ... .......... ... ........ ... ... .... ..... .... ........ ...... ........ ..... ............. .............. ..... ..... ......... ..... ... .... ..... ..........43
AUTOMATIC PROMOTIONAL FROM PLANNER I TO PLANNER II ARTICLE 32........................... 32
BUS PASSES .............................................................................................ARTICLE 18 ................................ ~ I.~...J.
CONFLICTING PROVISIONS .................................................................ARTICLE 24 ................................ J~I~4
DiSCiPLINE........................................................................ ARTICLE 34.......................... ....34
DOWNTOWN PARKING..................................................... ...ARTICLE 30 ............................ 32
DRUG FREE WORK PLACE ...................................................................ARTICLE 17 ................................ 3. I)...J.
EMPLOYMENT INFORMATION & GUIDELINES....................... ..ARTICLE 38.......................... ....39
ENTIRE AGREEMENT ............................................................................ARTICLE 23 ................................ ;H:l...J.
GRIEVANCE PROCEDURE ....................................................................ARTICLE 21 ................................ J!~2-+
HOLIDAYS ...............................................................................................ARTICLE 9 ...................................... 18
HOURS OF WORK ........................................... ............. ............................AR TICLE 6 ................... ................... II
INSURANCE BENEFITS .........................................................................ARTICLE 13 .................................... 24
JOB SHARING.......................................................................................... . ARTICLE 26 ......................................30
LABOR MANAGEMENT COMMITTEE ................................................ARTICLE 25 ................................Hl4
LA YOFFS/RECALLS.......................................................... ...ARTICLE 36.......................... ....35
MANAGEMENT RIGHTS .......................................................................ARTICLE 19 ................................ ,,1.l4-
MUNICIPAL COURT NON-CIVIL SERVICE EMPLOYEES
EMPLOYMENT RIGHTS................................................................... .. ARTICLE 16 ................................ J.Q24
NON-DISCRIMINATION .......................... ............................. .................. ARTICLE I ........ .......... ..... ..... ............ 5
OTHER ISSUES RELATING TO CONVERSION FROM
CIVIL SERVICE.............................................................. ..ARTICLE 40............................. .41
OTHER PAID LEAVE ..............................................................................ARTICLE 11 .................................... 22
OVERTIME .............................................................................................. . ARTICLE 7 .................................. I}J.l
PREAMBLE ...................... ............................................................ ...... ...... .............................. ... ............. ..... .......... 5
PROBATIONARY PERIOD.................................................... ..ARTICLE 8 ....................................... 12
PROMOTION.................................................................... ....ARTICLE 37.......................... ...39
RECOGNITION......................................................................................... . ARTICLE 2 ........................................ 5
RETIREMENT BENEFITS... ................................................... ..... ............. ARTICLE 12 ... ..... .............. .......... ~42.J
SENIORITy...................................................................... ...ARTICLE 35.......................... ....35
SEVERABILITY ...................................................................................... . ARTICLE 22 ................................ J .}24
SICK LEAVE AND INDUSTRIAL DISABILITY ...................................ARTICLE 10 .................................... 19
TEAMSTERS SUPPLEMENTAL PENSION PLAN............ ...... ........ARTICLE 29... ...... ......... ... ........32
TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT ............ARTICLE 27......................................31
SUBCONTRACTING WORK ..................................................................ARTICLE 15 ................................ ~924
TERM ....................................... ................................. ..... ............................ ARTICLE 31 . ............... ....... ........ ..... 32
UNION ACCESS .......................................................................................ARTICLE 4 ........................................ 7
UNION BULLETIN BOARDS.................................................. . ARTICLE 39........................... ...41
UNION DUES ............................................................................................ARTICLE 3 ........................................ 6
VACATION LEAVE .................................................................................ARTICLE 8 ...................................... 15
WAGES ......................................................................................................ARTICLE 5 ........................................ 8
WASTEWATER TREATMENT PLANT - EMPLOYEES .......................ARTICLE 28...................................... 31
WORK RELATED EXPENSES.................................................................ARTICLE 14 ................................ .=':;24-
WORK STOPPAGES ................................................................................ARTICLE 20 ................................ 3~2A
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January 1,2009 through December 31, 2011
Page 4 of 47
AGREEMENT
BY AND BETWEEN
CITY OF BREMERTON
and
GENERAL TEAMSTERS LOCAL UNION NO. 589
JANUARY 1,20026 THROUGH DECEMBER 31, 20!!l~8
PREAMBLE
This Agreement is made and entered into pursuant to the provisions of RCW Chapter 41.56 by and between the
City of Bremerton, a municipal corporation of the State of Washington, hereinafter known as the "City", and the
General Teamsters Local Union No. 589 hereinafter known as the "Union" for the purpose of setting forth the
wages, hours and working conditions which will be in effect during the term of this agreement for employees
included in the bargaining unit described in Article 2 below.
ARTICLE 1
NON-DISCRIMINATION
1.1 Non-Discriminatory Application - The provisions of this Agreement will be applied equally to all
employees in the bargaining unit without discrimination as to age, sex, marital status, race, color, creed,
religion, national origin, political affiliation; or mental, physical or sensory handicap, unless based upon a
bona fide occupational qualification.
1.2 Non-Discrimination-Union Activity - The provisions of this Agreement will be applied equally to all
employees in the bargaining unit without discrimination as to Union affiliation or legal Union activity or
lack thereof. The City and the Union will each be responsible for complying with this provision.
ARTICLE 2
RECOGNITION
2.1 Represented Emplovees - The City recognizes the Union as the sole and exclusive bargaining
representative for the purpose of negotiations concerning wages, hours and conditions of employment for
all full-time employees in regular positions and part-time employees in regular positions in classifications
set forth in Appendix A and such classificationsJas may be added to the bargaining unit during the term of
this Agreement by mutual agreement or by official action of the Public Employment Relations
Commission.
2.2 Classifications Excluded - The classifications of elected officials, appointed officials on part-time boards
and commissions, city attorneys, (:Ie-pHr+H-lent----~1\;'i+tlQ(:;p(mr.ncL1L.l2iL~!::.l.(~!rS and their assistants, and
supervisors (unless specified in the union recognition section) are not included and will not be added to the
bargaining unit. __LiLli J ~lj{(l~
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31. 20 II
Page 5 of 47
2.3 Emplovees Excluded:
2.3.1 Seasonal employees are employees used by the City to handle peak work load periods. Seasonal
--.-.---positions will be used for no more than eight (8) months in a calendar year in accordance
with City Policy._--,':i~'~lJ~l<lL ~~mnlQl~s Jumjf~ns~b.)Dl._.~)L1C_ ?_c,;'~0i,2n;JLL!~2Sjtj~)Jl__I()_'IJJotll~X
~_::!:'>O I lnlJl()~iti~2Jlr<;;m ~li!l~ llhil,;~JJl U:!~ hti Q .Ul:10X1JI1~jQ LJ.L ~.!g.gI\'llilti:_~Jlll2J~n~ln~ IJL.. 'Jl\:(UC 1..~()(~
2.3.2 Temporary employees are employees used by the City for specific projects or programs, or to
replace employees temporarily unable to work per Article 27.1.
2.3.3 Project temporary employees are assigned for the term of a specific project or program and
may n.~LL exceed one (1) year; provided, however, that the term of the assignment may be fHf1:J-lt'F
extended lm_l!cUlJ_IUI~.i!I}.urn \) fJl.ll..ce [IU151.~LiljqJ~llJm2!lt hs by mutual agreement of the parties"
anE!--s-t*A--i..:>.rtti*OYee&Sfl-a ~l-he-+l'l-em b er~~ 0 ~:-the-'H-R-~oft-a5"'pel:'l\ rt i c I c ..~~ :L.~(.L2 .. :UL~
2.3.4 All other temporary employees shall be excluded from the bargaining unit with the understanding
that neither the employees nor the positions will be used for more than a total of 12 months.
2.3.5 Confidential employees regardless of the classification they occupy.
2.4 New Classifications - In the event the City creates a new position or reclassifies an existing position
proposed to be exempt from the bargaining unit, the Union will be notified in writing. In the event that the
Union disputes the City's proposed exemption of the new position from the bargaining unit, the Union will
provide written notice specifying the reasons for dispute within thirty (30) calendar days of receipt of
written notice from the City. In the event that the City and the Union are unable to resolve the dispute,
either party may refer the issue to the Public Employment Relations Commission for resolution.
2.5 Emergency/Disaster Worker - During an emergencv. disaster. or catastrophic cvent as defined umier
RCW 35.50.010.6(a). which places life 01" 12[opel1v in jeopardY-,-cmployees may lie assigncd JiUDI
c1is-,:~ter scrvice aCJjxitv_ that promotes tll<'-:J2m~~_tiQIJ._9f.Lh.~.J21!!2Jic health and sal'ctv. ;\s~ignn~'.Dtl.1DQhl
require s~.rvirlgjlt a lQ~atiQlJ. aUimesi!.lld/Q.LundeL<:ondilions that si12nificantlv diner from ~.!.!Ll:.rr!J.1J5)veC'S
norn1al work assii1,ll11Jcnts; this t11avjD~I.!-!dc ~J~h~lli.DJJ}cnts to per1(>rITI work outside of t.b.~baxllili1llilli.JJ.nLt
As an employee of thc Citv of Bremerton. the?. en1QlQyec t11~!Y.J)e direcl~d tQ.J2erfornlJ!..J:Qk....tllb.~L1.b.iJD
their regular ioh. hv a superior or by law.__~Let11plovcc lnay be called on to pcrf()rm scn-iccLl.:llU:}ll
EJTIcrg~~v/D_bastcr 'wm.ker as (~l}.!..1.~_(Lin ftC.'wJ8:52.QLili.4). sllbj~~t to thQ..J2royl'i!ons Qf RCW C'b.ill21cr
11Li2:__6.!.1..QllpJ 0 vce 'iiJ:~l..tc .<.2L.llil y Vi iJL!l<:)tJ2~.-'.~_<1~,l.9_<.-:.<;1 'b'i..~u:.~iilili.52i' sue b as s i gJl men ts .
ARTICLE 3
UNION DUES
3.1 Dues Deductions - Based upon mutual agreement, regular monthly union membership initiation fees,
dues, agency fees and assessments will be deducted by the City from the pay of those employees who
provide written authorization to the City to make such deductions. The City will transmit the total amount
of deductions to the Union along with a list of employees and their Union-related deductions.
3.2 Maintenance of Membership - An employee covered by this Agreement who is a member of the Union
on or after the execution of this Agreement will remain a member in good standing. Good standing will be
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 6 of 47
defined as tendering of uniformly required periodic dues. Failure of such an employee to abide by the
foregoing provision will constitute cause for discharge of the employee, provided that when an employee
fails to fulfill the above obligation, the Union will provide the employee thirty (30) days notification in
writing of the Union's request to the City to initiate discharge action and during this period the employee
may make restitution in the amount which is overdue. Should the employee make such restitution, the
request for discharge will be withdrawn.
3.3 New Emplovees - New employees employed during the life of this Agreement will, within thirty (30) days
of their respective date of employment or upon the inclusion of their position in the bargaining unit,
achieve good standing in the Union and will thereafter maintain such good standing as a condition of
employment. Good standing will be defined as tendering of uniformly required periodic dues and fees.
Failure of such an employee to abide by the foregoing provision will constitute cause for discharge of such
employee subject, however, to the same requirement for notification and opportunity for restitution as
specified in Section 3.2 above. The City will notify the Union of newly employed bargaining unit
employees as they are hired so a shop steward may be available at time of orientation. It shall be
understood that new employees do not have the option to donate money to charity in lieu of paying dues,
unless it is due to the bona fide religious tenets or teaching of a church or religious body of which the
employee is a member. The employee will pay an amount of money equivalent to regular Union dues and
fees to a non-religious charity or to another organization mutually agreed to between the employee and the
Union.
3.4 Union Security - All bargaining unit employees not currently paying dues, shall be required to pay dues or
donate an equal amount to a qualified charity as identified under IRS Code 501 C (3) Those employees
donating money to a charity in lieu of the payment of periodic dues, shall be required by the Union to
produce proof of payment to the charity. Failure of such an employee to abide by the foregoing provision
will constitute cause for discharge of the employee, provided that when an employee fails to fulfill the
above obligation, the Union will provide the employee thirty (30) days notification in writing of the Union's
request to the City to initiate discharge action and during this period the employee may make restitution in
the amount which is overdue. Should the employee make such restitution, the request for discharge will be
withdrawn. (The intent of this language is to address those current employees donating money to a charity
in lieu of periodic dues payments).
3.5 Indemnification - The Union will indemnify and hold the City harmless from any and all liability
resulting from the dues and fees deduction provisions specified in this Article.
ARTICLE 4
UNION ACCESS
4.1 Union Representatives - The Union will provide written notice to the City of the names of the officials
authorized to represent the Union. The City will provide reasonable access to City facilities to such
authorized representatives for the purpose of investigating grievances and other legitimate Union business
provided that such access does not unreasonably interfere with the work and duties of an affected employee
or of other on-duty employees.
4.2 Shop Stewards - The Union will have the right to appoint six (6) Shop Stewards. The Union will make
every reasonable effort to have no more than four (4) stewards from the same department.
COLLECTIVE BARGAINrNG AGREEMENT
City of Bremerton and Teamsters #589
January 1. 2009 through December 31, 20 II
Page 7 01'47
4.2.1 The Union will provide written notification to the Human Resources Manager of the name and
assigned areas of all Shop Stewards appointed by the Union. The City will provide reasonable
access to employee work places to Shop Stewards for the purpose of investigating grievances
provided that such access does not unreasonably interfere with the work and duties of an affected
employee or of other on-duty employees. A Shop Steward will obtain the permission of his or her
supervisor and the supervisor of the affected employee prior to contacting an employee during work
hours. A Shop Steward may perform his or her Steward duties on City paid work time provided
that such duties do not unreasonably interfere with the Steward's ability to perform the duties of his
or her position with the City. In no event, however, will a City employee who is a Shop Steward be
granted more than five (5) hours of paid work time for the purpose of investigating and resolving a
single grievance. It shall be understood that the five (5) hours maximum does not mean five (5)
hours per workday, but five (5) hours total time.
ARTICLE 5 WAGES
5.1 Pay Rates -
_____-2~_j_~n:ecti'{~..J1lnLla.!yJ..o-2002.~nd eqch vear thereafter for the tcnn oJ the (lliI~Dlent,Jhe \Y_Cll1.CS__':!0
;:;..l} 0 wn i 1L/~D..P.c ng i x~~[\" sJ.l~ill....Q<;j!lCrCa O'i.c_c:lJ2yJ 00% 0 r thG..s...c att ! cOacD..!llaL13 rctJ}'-;..I:!Sl!LCfl:W frQ m
l..l!!~..J.c..U t..ln<;_(;;-,~epU..bJlJJJJS;j!l~Lc.~b"'e sh..(}lL..h~_1l9_LG-,StUJ:ill!L~Y..Q......u..:"Jh.GJ' p r =-\~j..~....k~lUh,m_~1)..l!I!iL!N
gl'eateLtlm!L-"~;) i [Jhe (;Pl:W_j..~_lJ.JDI~-..1bjm....-"lli..:.._...I~nlD1Q):~~~.._\~~:hQ..j1ll..\:s'........~~.I2..m-.;!lc.sL..Ltr l!II_...U1Y
t:.mvlQi! !!.cl1L he 19 nub e e [l~~_tj_y e sl'llf....QLI1Itj f1 S:E..U 0 n .b..yJ20 th. the ....ED i O!lJ.!!!Q.._ili..c.J....: i t \'.._~;Q..\l..!!~~i..L~..Ilnll
m ~ t be_c.nt i t I cd JO a..D..Lf..et ro a ct i ve.._mlLiDIr.<;l!..~C,
s.-h-~-+;ffeet. i ve J an L1m:y-h-~..fle--wrrges- as :;ho wn -i-A-At)j7€-~~~..'......sfta.l..I.......he--i+1t.'..rease&-l1y--t-"'"(t-t1f+-i.t1-l:
three one one percent (2,311 (~';)). Employees who have Seftaffitea-+ft.ltfl---f.+t--y-employment--he.f.Bt'e
tRe--e+k>.etive date of--Fai:ification of the contract by the ..Union-a-REl-..f'...i.t--y-f:ftUHeH-.s-lntJ..!....--tttJ-t-l7e
entitled to uny re~roactive flay increa:;e.
&1-~-+~-ffe€-1:-i-ve--J..an.HitFy-b200f.;--tfle.-'\. ,j g e:; as--s-flB.wt1-.ffi--At7j3€-t...l-tI-P.t-~:.......sh-a+l-l7e-.j..He-Fef\-St'tl--..lty--l..q(..).!?f;,....B-~.
tR€--r~H~{*l1-a!-gi~Hfl.....(.....:..[l..l---W- t '1'0 In J LI ~te-2-G4~-tB-JHne-.}{-)+}t}-e-:'\'~4:'f*--t+-Htt-4e--fft(~tl
he -ntHes-s--t-fvcm-l0.4,.j.f+ft.e.- {;~P-t-Vv:".+s--te-ss-t-ha n 2 ~/;, an d no g rea k r 1:f1..cHq..-:)-44rM-Ae---(,.'V-I-W--i-s-"ffi(-tfe
th-aH--) %.
S.-l.J..--h~t+y.e.... J an LI a J)'-t-;--2-(J.Q&.-t-h.e-Wnt'Bs- "a-su-s+H:1wit-i-H--A"rj7€fl{~...:.A::"--stta+l.. Be-....j-ttHC a:;c4.. hy-...j...{).(.)..9,4,...-fI+
the-~tt-I-ef.+.(H*ffilit;..g-fefHe"Ft-BH-....{:-p..J.-W-...j..ffim-JtHl-e----2~m4--tH-J1:tl'l€- -2+-J+P~-e><eept-{ffitt..-..tl1e..-i H€f~
sh-att-he-.. nfl--less--t-Intn--2-:~hJ-i.r the-~W....i-s-leS5-..thi:tR-B%---a+1-J-HH-jtreateH..lntR- -5.!\:tr-~..r-the..+'..j2 I-W-..is
tlli-tre-+hi..il1 5 ()~r.,--ttltl-S+he-\;yit~~-lH.*I"8e-~n€fe"a-seJ-hy-+~').44r~"I'l-..aEkI.i-i"ft+ll tEHhe- {;:V-I- W..in c Fl~ase,
..- --.....-....--.......----..-IL'\-affiit1.e4;L..J....;.--Th-e-..GP-l-W-......j,.,....--2 :-:V.\4r.--l.+'tefe-1Bfe.....-the...... t-<t1:a-l---\-Vi..tge---iiltR>it:.;e- w,'HJkl--..he.u .J..:5~!;;t. +2-:-;-').'.1;;,
gHH-fnH-teed..tl+iffiHHI"JH--*--+-9':;t.t.
... uun .pu-l: :\HHl-t)J'!., iL?:--.. ..-~ l}t' u(:Pl-..W-'fs..S;c?..c~'tr..-" ( tJ ('1'('-1+ }f€-..+he .-..tH-tH1- . wage-- H !\.:I'€HSt'W iH,J!\.f.. ht.'--6.. ..:)o,~, . to %
jl'l-a*im\HH~ul ,?\.9i,r)7
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January 1,2009 through December 31, 20 II
Page 8 of 47
5.2 New Emplovees - A new employee's pay rate will be set at first step of the pay scale; however, a new
employee may have his or her pay rate set at a higher step based upon relevant years and type of prior paid
work experience. Placement of a new employee's pay rate at a step higher than the first step must be
approved by the Department Director, the Human Resources Manager and Financj,~_~S:I~'::L~<:::ie. Ij\.'.!J
J2l5jL~
5.3 Advancement throu2:h Pay Rates - Advancement through the pay rates from the first step through the
final step of the pay range will occur upon completion of the prescribed number of months or year(s) of
continuous employment since the employee's last ~)Jl!}~E!Lm!L~'itru.jJ1(':_LC~l~~.J1i.tYi'ltHce-nk'-Ht, provided, the
City may withhold a step increase for work performance that does not "Meet Expectations". A step
increase may be withheld for a maximum of twelve (12) months, during which time the employee will
receive monthly evaluations. The employee's immediate supervisor will notify the employee in writing of
expected failure to meet expectations at least thirty (30) days prior to the due date of the work performance
evaluation. If such notice is not provided the step increase will not be withheld. The withholding of a step
increase will not change the employee's current anniversary step date for pay purposes. In the event that
the employee "meets expectations" at one of the monthly evaluations during the subsequent 12 months,
they will receive a step increase effective as of the due date of that monthly evaluation. It shall be
understood that the increase will not be applied retroactively to the month(s) in which the employee
received a rating below 'meets expectations". In the event an employee is on approved leave of absence
without pay, in excess of eighty (80) consecutive work hours, the employee's next pay rate advancement
date will be extended by the actual number of days the employee was absent on such leave.J.~l~~Q..l2(j.LOH
5.4 ,Eay Rate upon Reclassification Placement at Nevi Pay rffilt,Jt' -.=.T^~d 12/12m.~
5.4.1 Reclassification/down2:rade to a lower classification - In the event an employee is reclassified
from one classification to another classification which is at a lower pay range or, if an employee's
classification is downgraded from one pay range to a lower pay range, the employee's pay rate at the lower
pay range will be set at that step which is closest to, equal to, but not greater than the pay rate he or she was
receiving at the former pay range. All time the employee had served at the former step toward
advancement to the next step of the former pay range will be used in determining the time required to
advance to the next step of the new pay range. If the employee is at final step or beyond the final step in the
new pay range, then his/her pay rate shall remain frozen at that rate until such time as the final step
provides for an increase. This section shall not apply to an Gmplovec who is ~leIJlQtcc!.L \\llichllijJ.~..un(k.I
L\rticle 34. Section 34.3.4, TA'd 1/21/09
5.4.2 Reclassification/uP2:rade to a hi!!:her classification - In the event an employee is reclassified from
one classification to another classification in a higher pay range the employee will receive no less than the
entry level step of the new pay range or a five percent (5%) pay increase, whichever is greater; provided
that no employee is thereby advanced beyond the final step of the higher pay range. The employee's
advancement to the next step in the new pay range will be based on the effective date of the reclassification
to the new pay range. Lb is ..:'iC..s: t i () tl..~h'lLlJ.!Qum.rrb:....LO an. cnWQ y cc._~ h (2j5121.:.( ~t)J.(~! ~~t. y\:.b..i~b..I.::!.l.G...liDd c.1:
i\nLc.I.<.;_~lJ~..~~~1.iQ.rLI7.,-L2~..n.L(I.JilUOS
5.5 Base hourlv rate of pav defined- I'he base hourI\' rate of J2~ that \,hieh is shown in !ll2.l2.\o:.Ilc!l.:i ..X~
ll~!:...~lC h .c] as s iil.s:i1 t i Ql1L~vllis:JLl}: tl ec J~~h e 12;lLgl~;l.c!~_a n i.rr~Y...0l~ l.2.J:I.L~\~]1l.ch_2!.lLl,?l:rll2b~~ cci ,~J)_(,:j.l.l.g.J~iUli \J!.l
;11.l.h( ~ ~1.!ly.bi:I~L~.e x t,::J.I;,-,=EngJo n g ~yjJy_:
COLLECTIVE BARGAINING AGREEMENT
City of Rremerton and Teamsters #589
.I anuary I, 2009 through December 31, 20 II
Page 9 of 47
5'()~ Loneevitv Pay - Longevity pay will be applied to the base hourly pay rate of each employee for years of
completed continuous employment on the following basis:
o through 5 years' continuous employment 0%
Commencing 6 through 10 years' continuous employment 1 %
Commencing 11 through 15 years' continuous employment 2%
Commencing 16 through 20 years' continuous employment 3%
Commencing 21 years and over continuous employment 4%
5.76 Premium Conditions (not indud<,'d in hase houri" rate of pay) -
5.16.1 Standby - An employee is placed on standby duty when the City requires the employee to be
immediately available to report for work other than during his/her normal scheduled hours of work.
When standby is implemented, all qualified bargaining unit members, including leads and supervisory
bargaining unit members, shall share in the standby hours or lists.
5.16.1.1 Standby Equipment -
A. An employee on standby duty will be provided with a radio that has a police
frequency.
B. Assigned stand-by duty employees shall have the llS~.J2.L:J take home t~.:.a
city vehicle for the week, per City policy. 11\ ',<LL2i5/OR
5.16.1.2 Standby Pay - The following standby rates will apply:
A. Weekday or regular day off beyond two - Two (2) hours of employee's
regular b,~~c..hourly rate of pay plus 1Q.I1~cvi1L~Lmmli<';'(1hk;
B. Holiday - Three (3) hours of employee's regular hasc_hourly rate of pay
Ql.us JgJJR~yit v iLsill.12 I icablc;
C. Regular day off - Three (3) hours of employee's regular b,~sc hourly rate of
pay QlusJ,ongcvityjJ' aQ.12licablc,--up to a maximum of two (2) days;_L~~g
1:\J3 &~ 12/5iQ8
D. Type of Compensation - The employee shall receive pay as provided
above for all stand-by duty. Employees may not accrue compensatory time
for stand-by duty
5.76.1.3 J_clI2th of Standhy :_Standby will normally consist of not more than seven (7)
consecutive days, provided; however, based upon mutual agreement of the employee and
immediate supervisor, the employee may be placed on standby in excess of seven (7) days.
'.,',\'d 12/5/08
-~~ +~- -+,---"------- --._--
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 3 I, 20 I I
Page 10 of47
5.1().2 Shift Differential- An employee assigned to work a shift schedule, which begins at 12 noon, or
later and/or earlier than 6 a.m. will be compensated a shift differential of seventy-five cents ($.75)
per hour for each hour of the shift so worked.
5.8'7 Paydays - Paydays will be the 7th and 22nd of each month. If a payday falls on a Saturday, Sunday, or on
a Monday holiday, the City will make every effort to distribute pay checks on Friday. The parties
encourage employees to utilize "automatic deposit" of their paychecks.
5.98 Direct Deposit - New employees shall be required to sign up for direct deposit of their pay checks.
5.lQ9 Payroll Errors - Should the City be responsible for any payroll error, adjustments in excess of fifty
($50.00) dollars will be paid within two (2) business days. JheJ_:jjy-,m~Llhc s;:'mplovce shnU-,~han:UhQ
r~5P()l1sibility to l1-.9Jifv ol~another as soon 3c" possibl<;_atler any error..1" roupe!. TA'd 1/22/09 w/change
ARTICLE 6
HOURS OF WORK
6.1 Normal Hours of Work - The normal hours of work for regular full time employees will be forty (40)
hours per week. The normal hours of work for regular part time employees will be the number of hours per
week that the Department lfeat1l2~alimellLDireclmi[)ivisi~l!LMan~tgYJ: schedules which will not exceed
forty (40) hours per week and will not exceed the Department's approved budget allocation for the position.
TNd 12/5/08
6.2 Normal Work Schedule - The normal work schedule for regular full time employees will consist of five
(5) consecutive eight (8) consecutive hour days,-howevc[, the Cily-)nay aQopt 4/1 O's gme!'/or 9/BJ)~llUbl:;
Donnal work schedule, at the discretion ~?lJhc DepartTllcnt Director when it is in the best interest of tb~
C it \<. /\ I te rn at c \\ () rk :;c~lllie-s~--i-; e. /1'/ 1 (f ~_; ,W-&G--'--s--;--ffiH-y-he--&j3-ffB-V-t'ti--a-t:--4ftt.'-fi-i-:1-6f€-ti--ett-Bf the De partm€flt
[~t-Hf--when lhey are in the be:;t intere~;t of the City. The 4/10 schedule as referenced in this document
also means an alternate work schedule as provided herein. The Department and employee may mutually
agree to any other work schedule by the filing of an alternate work schedule form that shall require the
approval of the Department and the Human Resources Manager. Except in emergency situations (such as
weather and acts of God) employees will be given fourteen (14) calendar days notice of any change in their
normal work schedule, except that Parks & Recreati_on an~LPublic Works and Utility Department
employees will be given seven (7) calendar days notice of any change in their normal work schedule,
otherwise employees will receive overtime compensation. The normal work schedule for regular part time
employees will be that which is scheduled by the -Department Head1)epartlJlQ..ll!J)ircCtllI/Divisi_cl!l Manag~[
-and shall consist of no more than five (5) consecutive days in a workweek. The normal work schedule will
usually be set to begin on Monday and conclude on Friday but may be set to begin on another week day and
conclude five (5) consecutive days thereafter, based upon the needs of City. The City will make every
reasonable effort to schedule employees with two (2) consecutive days off between workweeks:--'J~0-__~\j
Inl! ()(L_'0Lc h aIJ.g.~)
,6.:l.Flcx time
6.3.1 Employees, ex(~ept_tl19$i!L~omml!!lity D~vcloI2l11enh.. who_..J!!S'__J'Cglllarl'Lt:~qllil:ed l~Ul1tend ni~hl
m~titlgs QL pert()lIll norrn_nL~!orLJ1IJJYJiQlls.Qll1:,"iiQ.(LQL~_)1om.@L\'YQ!:k scj1edule at thLCity'sl~~lliC~!
IJ)JIY,J2Y..Jll u III al a g r~~m_(~.llt with tbe Ilg:>,m1l11(~m))i r~~ls1I1Pi0 s i 0I1.1YtlD.~~g<::L.jl e~_ttL'='.U~JilT]_~--=-
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page II of 47
6.3.2 1:1,:-':;;. t.iL11C. :;;hilIJL1\)th~uil LI()_\ \l:_~L1(L~ldi \.1;;;1.\\.' )1:k_'.;~:J ic'd I.ill.,> t l)u~LC.~Ull1}.J_l_()di\LC_ Cac;tlniu.lll C..il L1>I:J ll"l~i,~n}u\ II'
li!l~d i l1C5~'.,
0~J J_____ f.: 111rili!~S_~__~2LlIKJkRilrt nJ cIlL~li-~~lmmlJnLly.J)~:\~LQnml,;nL~yllL~h\; I Cs:JJl9LtQ Jls:!;.Jb(jlJl8_LI:~<;j}~lJJJ)~
<;'!~Uill~ll0-.lt cd i I1. S:~2l1lli.c:!..1.!'la l!2!"y-!j!ll~J ()Li:lJ.UW1!l~'L~ l)s:n Ullti,;'rl~i.!)gJ1J~c ( i.rl~.lltiL~k.Qr lbs~iU\'KlI10J~\'l) lj~
~:b.~_!:illl~J152~Y~ v CX_'-_--':lJL~lE[llD-X~.!L.;ib.i:lJLQn D::__JJ~__~U.~!y_c~Lt(~!Jl;lil:l~ni ILil_J1l i r:j!111:lm__b~lh\E~.C_.Q_L! n.b 0 l!1'~
fU m129}~a ( .\c!J:ulrll (' (l~~[\l.<;QJ!:0m ._,!L112! lQ2:l!Li0:_1I1.illJ c r -J~).ill:.nlCc l.U1J12,.__JU\:.'i~. t bmLli ~i.2_L~ l.!,li}) '-''l.Ll !?tiS:.12 j~
I2':~) vi d cd Jj) r an a Iter - h (~m~JJ.lI:,:l:liD g:.tbG__~XU2l~)l~.I:,:_J h a I Lt:)J$~Jlt.:sJiLll~_ (?.!:_Si2mE~1l ~~lhlD. Li.m~il1Jhl:
91lI219 y ce' sop 1 i QL1LD ml s(~i~~ orD.PCI!j.~lt~!D~Jll~ il!illlll~)lJ~~_~~Lbj::.'~L!2Jhl;:.J Q~Jl~! Llil!.ljJ,
6d3 Meal Periods - All employees shall have a regularly designated mealtime, 30 minutes or one (1) hour in
length, without pay, which shall be scheduled by the Department Director/D.isi;:;.i(2!L_MaI19.K~.!: or
designee. The thirty (30) minutes or one (1) hour designated mealtime includes travel time to and from
the work site. The lunch period will take place no sooner than three (3) hours and no later than five (5)
hours from the beginning of a 5/8 schedule, and no sooner than four (4) hours and no later six (6) hours
from the beginning of a 4/1 0 schedule. No employee will be required to work more than five (5)
consecutive hours without a meal period. An employee who works three (3) or more hours beyond their
normal work day shall be allowed at least one thirty (30) minute meal period either prior to or during the
overtime period. When an employee is required by the City to remain on duty on the premises or at a
prescribed work site when it is in the best interest of the City during a meal period, the meal period will be
paid as time worked...J~(\ 'd 2-1:.Q2
6d.3.1 Employees shall be allowed one (1) rest period (break) per one half (1/2) shift (workday)
provided:
~_The time, length and location of break is determined by the employee's supervisor,
with the understanding that the employee shall receive no more than fifteen (15)
minutes.
'r Break periods will be scheduled as near as possible to the midpoint of a work
period. The City will make a reasonable effort to ensure that no employee is
required to work more than three (3) hours without a rest period.
The purpose of granting breaks is to relieve fatigue and mental strain on the job;
therefore;
!"~_ Combining two (2) daily breaks into one thirty (30) minute break is not permitted.
~_Using breaks to lengthen meal periods, to cover tardiness, or to leave work early is
not permitted except under special circumstances and with the approval of the
Department Director or designee.
~_._..Accumulating breaks from day-to-day is not permitted.
r Takil1!l. rnorc brl'ub in srnalkr C;CilJllCnh or time, C,L'. lhl.':-',~ (3 \ )-rnil1uk' brc~lks. ic;
___,.___ .____,~ ___ ...--_.._____~_._ __ e_._," . _, . ,,_, _. _ _~.,_. _. _ u,__. ._ ____~ ___.__._...... __.__ ,..._____.___________~_____._ "~____ -'-_ ____.... .___ ___'_ _.1..________ ___ .__._.. _ _,__." ___" ___.. n,___.
Il~2 tE':'}'lll_Ltt':'o:LJ_,\'~j .l.:~ ,_5JL 0
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 3\, 20 I I
Page 12 of 47
ARTICLE 7
OVERTIME
7.1 Overtime Defined - Overtime is all required and authorized work performed in excess of a full time
employee's normal 40 hour and/or daily work schedule. Overtime includes required training, instruction,
callback and other such work which is required and authorized by the City, and is performed during an
employee's normally scheduled off duty time. Overtime for regular part-time employees is all required and
authorized work performed in excess of forty (40) hours during the employee's weekly work schedule
pursuant to Article 6, Section 6.2. The use of any paid leave time will be considered as time worked for the
purpose of calculating overtime.
7.2 Overtime Compensation - Overtime work will be compensated at the rate of one and one-half (1-1/2)
times an employee's base hourly rateJiliL" I0l1R~vit\::jJ':"(ll2Dli~i:!l21c. _-in cash or in compensatory time. The
form of overtime compensation will be at the election of the employee provided Compensatory time off
will be taken by mutual agreement between the employee and supervisor. Upon the death of the employee,
accrued compensatory time shall be paid to the employee's estate. ]';\'J 121S/08
7.2.1 Use Of Compensaton' Time - The maximum allowed accrual of compensatory time shall be fifty
(50) hours, and all overtime accrued in excess of that maximum shall be paid at the applicable rate.
Employees who wish to cash out all or a portion of his/her accumulated compensatory time will
have the option to receive this pay the pay period ending November 15th. Employees who wish to
exercise this option shall submit their request, in writing, to the Department Director, no later than
November 1 st of each year.
7.3 Telephone Calls To Emplovees - If an employee receives a work related telephone call while off duty,
he/she shall receive a minimum of one quarter (1/4) hour pay at the overtime rate for each call, provided,
however, that additional calls received by the employee within the quarter hour minimum shall not
pyramid:_~:..cLJ 2( 12/08
7.4 Call Back Minimum Overtime - In the event an employee who has departed from his or her normal work
hours is called back to work for a period of time which is less than two and a half (2.5) hours, the employee
will receive a minimum of two and a half (2.5) hours of overtime compensation. A call back initiates a two
and a half (2.5) hour guarantee period. Subsequent call backs will not initiate an additional two and a half (2.5)
hour guarantee period until the original two and a half (2.5) hour guarantee period has passed.
7.4.1 Call hact" contiguous to an em.J2!Qyce's normal start time--- Emplovees responding to a Call
Hac k will be Jlai d 2. Uw llrs_JlfSl v9:t i rQ(,'--,-_lJJf___~l11219$_~__ s nomH}.L..l~Q1'k J10U r0._wi I Lh~_.r~lld~cY--')V Jb.~
mnm-J!lL~lfJinl(,'Jh~ 2~2JlOul1;j!lu-ingc;L~2DJbc ~ilU2h2yce's normal 'v'!:~[hJ1Qurs.
r ~-';~llll2](,'~f\ 11 e!l1r:ili2.Y.<::~~~"-J.1.QXI1}_0J.___',yo rb_hQ ilr:"-_,!L~_L }.0_ {lliU~2.. 4: QQ_rtL_JJ1~ Clm?l~2YS'<;j).cjillC:.lL..Q!:LLJ U~Jn
.I~J~1-,-JJl(,'_~m12tQyec~QllhLr~~~i\:~ 2. 2__ll~l 1,Lt,,-~_~tj)'v..c.niD~_.mliL~i x an CL<lJJBH1<2,-~UJl ()~l}:.sg L'i!X~tighLt im.l:-,
L{~QJ2 LJU
7.4..2 Call Back after the emplovec's normal quitting time - Once the emplovl:c's nurmal \york hours
b.clY~L_s,:,QlJdmteJlLill!Y_lln 12illlllJ~Q..I:,\;llJL[L1Q__]:'!:~}1:I~ s b~ilLhs_~~m~j~1 (?1:~~Lcl C~lUJ?_,j~LJ.!_ ~_Il~ lLlll.~I~~_1J(LJ.jjJl:L~rl_~.~
iC 111 C~t]Jnl9 V (,'sJ) a s.J~~!Ltt~_.\~_() rh_~il~_(2.C tw.L
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 I I
Page 1301'47
L'\i.11nn!l:.: .Ib.;.. ~I1JP I \2:.t,:~..\:~'\.)rl~.SI.:J1ClllltC .l'(.II1C[l.f.dl'0.aJ::L WLJ} l'v'Lillll.LJI..:f ~ OJ J}.~L .lI1c.sup:-;X\..i s..\l I'.i.~;
~l()Jj LlI,2\:LslL'JPI:\)1)1.~111L..~ I :b~..~J!PCX\jS~2TI1(IJi l:l:".Ul'llj1-lS?Cll ml.\))\'l~ic~-''' 1 iJJil}.lb.l:J','U:I~lllK I\l l JdhingJ ()
.sc 'v~lltl 0 111~L .t:.!lm1.01.C.C ~:lli:_~l!Dl:.L~.L?i~L~~~?-'-\lJh~~Q.lJlIQll'~".m",Lsj i rC.t: lUJLn}i tl~LJ.l01~D.0l~:.1!!<:
12tQ.bk.1!L_~.ul i s is a i~'I.LLlt.lC IS.illJ\L1b C C1111219}SC \yj LLr~c C i .~..~Ul!i n i 1l1~.DIU!12.j..bg ~rsQL~~~~~n.Dll~,
11\:.0..1/2.1 /09
7.5 Court and/or Subpoenaed Appearances - An employee who appears in Court or responds to a subpoena
as a representative of the City which is related to his or her employment on off duty time shall receive
overtime compensation for such appearances. If the employee is being prosecuted for a willful, illegal act
in the performance of their duties as a city employee, they will not be paid for time unless they are found
innocent and/or the case is dismissed.
7.6 Use of Bargaining Unit Employees for Overtime - The City shall offer D.T. to qualified bargaining unit
employees within the division prior to utilization of temporary employees for such D.T. The City will make
a reasonable attempt to offer this work by seniority.
7.7 Emergency Crews - Employees may be pre-assigned to an emergency shift schedule (e.g. 12-hour shift
for Snow Removal Crews). Crews will be designated as follows: "A" shift and "B" shift. Employees on
emergency crews will receive shift differential pay and work the 12-hour shift throughout the period of
the emergency. Employees in each crew (both "A" and "B" shifts) called out for an emergency shift shall
receive two hours callout (overtime) pay for the first full 12-hour shift. (e.g. Pay would be 2 hours
overtime for the call-out, 6 hours straight time, plus 4 hours overtime. That crew's next emergency shift
pay would be 8 hours straight time plus 4 hours overtime.)
Pay for call-outs prior to the full emergency shift will be in accordance with overtime and callout policy
per Article 7. If the callout occurs within two (2) hours of the first emergency shift, the first emergency
shift crew will respond and work continuously through the shift.
EXAMPLES:
Snow Removal Crew - If an emergency schedule is initiated after 10 p.m. but before the normal shift
(7:30 a.m.), the "B" shift will be called in and work until noon or eight hours minimum. If the callout
occurs prior to 10 p.m., the "A" shift will be called in and work until midnight when "B" shift will
relieve. If the emergency is declared during the normal work shift, "B" shift will work the normal
eight (8) hours then be released; "A" shift will work until midnight when relieved by "B" shift.
Other Emergency Crews - Any other divisions may use other start/quit times, but will follow the
principle of the example of the Snow Removal Crew.
When the Division Manager has determined that the emergency condition is over, the crews will revert
to their regularly scheduled shift. The transition shifts going into and out of the emergency shift
schedule, will work until released by the supervisor, however, they shall work a minimum of eight (8)
hours during the transition shift.
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 14 of 47
ARTICLE 8
PROBATIONARY PERIOD
8.1 New Employees - New employees llli~-'(-l-a+i:e-f+Jlt'-e+t.e€t+ve-Jate-e.ffl+ti-H€at-i-etH.}f4hi-s-i'+b>.f(>t'jlH.'tll:-shall be
required to serve a probationary period of one (1) year. Probationary employees are "at will" employees
during their probationary period and during that time may be terminated without reason or cause and
have no recourse to any (c'-t-Y-i~--S-e-f\'-it'-0appeal process.._Jl...~t,.LJDJ/'.l)_2
8.2 Promoted Employees - Employees promoted shall serve a six (6) month promotional probation period
wl-~-s.ha-t-l----\:'-'{-)tHp-l-y--".v~tfl---{-i-1:e-(':"~VH--'7~F"-ft'€. . R-tl-l-€-s--+) I ~. t,he-*,~f ~J--{+r----I-~t't'Htt'fh+tt--k+f-pH+lt1tj-~-i-H 1-1-dt-FfB-t-nt{ ifm .
J.j~":'Q..1I11Kt2
8.2.1 Failure to Complete Probation- The promotional probationary eJ1llJlovee whu nlils to
~~cessfullv eQ.J:!!plc~.J2robation_liJlllJl__. he delllOLed t2. the .Iow~LJ29..0i1-5on_jlQm__~bL~b..l1c!~.b~__y.iUs
promoted. Such determination shall b~.J}1ade at the sole discretion of the CitY' and t!KJsasoll~ ShllU_.!lot
necessarily constitulc just cause. (From Article 37" section 37 .211eamsters proposal. fA" d 1/21/09
8.3 Probationary Employee - An employee who has been hired by the City and who has not yet completed
the remlirc!:LoD_C2..LlJ veal' 12[s2QatiOllillYE~riQU{\'s.L2_-3-02.
8,4 Regular employee - /\n enwlovce who has sw;cessfullv c0l11plct~9 their one (1) year p.r()hati(~nan:
pcriQd r(H~JJl~J2osilLQ.D_J~)r wJ)idUl~.L~_~rc hir~~L]j~~\oL2.:.1:0q
ARTICLE 9
VACATION LEAVE
9.1 Vacation Accrual- Employees shall accrue vacation leave for all regularly scheduled compensated hours
including paid holiday, sick leave, vacation and other paid leave time, excluding workers' compensation
time loss benefits pursuant to the following schedule:
Period of Continuous Full Time Employment
Hours AccruedN ear
Date of Hire through 5 years
6th year
7th year
8th year
9th year
10th year
11 th year
12th year
13th year
14th year
15th year
16th year
17th year and thereafter
104 Hours
120 Hours
128 Hours
136 Hours
144 Hours
152 Hours
160 Hours
168 Hours
176 Hours
184 Hours
192 Hours
200 Hours
208 Hours
9.2 Vacation Elie:ibility - An employee becomes eligible to take accrued vacation leave upon completion of
six (6) months of continuous employment. Probationary employees may be permitted to use earned
COLLECTIYE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January 1.2009 through December 31, 20 II
Page I 5 of 47
vacation leave due to extenuating circumstances solely at the discretion of the Department
Director~ni~j~i~l!l__M~ll1i!R~~. Vacation leave may not be taken in less than one-quarter (1/4) hour
increments. Vacation leave must be earned in the pay period prior to the time an employee takes any
vacation leave since accruals are added to an employee's leave balance after payroll has been posted. I i\' d
12L~/()li
9.3 Vacation Scheduling - Annual vacation leave will be mutually scheduled between the employee and his
or her Department Head or designee. Vacation leave must be approved by the n~l!j_~t:LJrLc.nJ
DjL~~_!~~l/j)ivisj~?D_~'l-,-\I1r!g~:T prior to an employee taking the time otTo [~JL~I_Tlnl~)y~~~_~~HLb,I_\/l'_~Lb~!t~l
~lw 11 ce oJE_c:~:_i.011_gJ!l2Jm) v ~UQLiL\/-,-~i!l LQ.!J_Lc:iU!.~",,-LiljJ~_l-'~__mlC s tis s u12mi.!lc:~Ll~jlll-,j!l,lQ. ~'lO~-S:~_0~:d2Q~;2iblc:,
In the event more than one employee requests vacation leave for the same time period submitted on the
same day, the requesting employee with the greatest city-wide seniority shall be granted the vacation leave.
The Department shall make a good faith effort to respond to a vacation leave request in a timely manner.
TA'd1/21/09
------ ------.
9.4 Maximum Vacation Accrual- The maximum number of vacation accrual hours that any employee will
be allowed to carry forward from one calendar year to the next will be as follows:
Years of Service
Maximum Carryover Hours
Date of Hire through 5 full years of employment
Over 5 full years of employment
160 Hours
240 Hours
9.5 Carryover - In the event an employee has been prohibited from taking sufficient vacation time to reduce
his or her vacation balance to the maximum allowable carryover at the end of a calendar year, (or unable to
because of absence from work due to illness or disability) the excess hours will be carried forward into the
next the calendar year. An employee who fails to request scheduled vacation time during the year and
whose accrued vacation hours exceed the maximum carry over balance at the end of the calendar year shall
forfeit such excess vacation hours.
I 9.6 Vacation Pay-Out - Upon the retirement or separation --of a regular employee, or upon the date of an
employee's disability retirement, the accrued vacation hours of such an employee will be paid to the
employee in a lump sum payment at the employee's straight time base hourly rate ~)Llli:!LJ2LLJ_::>J~)ngevitv _Le
applicabJe, at the time of separation except an employee shall not be paid vacation payout unless employed
over six (6) months~. IA 'c\ 1215m~
9.7 Payment of Vacation Leave Upon Death - In the event of the death of an employee, the employee's
estate will be paid in a lump sum for the total accrued and unused vacation leave hours at the employee's
regular hourly bas~__pay rate 12b:!::>.lQ!ll!,L'vi!x.if' <illlilicahlc:--'-.in effect at the time of death. lt~_~~U2/~!D~
9.8 Donations Of Vacation Leave - Donations of Vacation leave permit employees to aid any City
employee who is suffering from an extraordinary or severe illness, injury, impairment, physical or
mental condition which has caused or is likely to cause the employee to take leave without payor to
terminate his or her employment prior to a determination that the affected employee is not expected to
recover to an extent that will enable the employee to resume his or her normal duties or the duties of
another position with the City or another employer.
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 16 of47
9.8.1 Eli2ibility - An employee who (1) is suffering from an illness or injury causing his or her
extended absence from work, and (2) who has depleted or will shortly deplete his or her total
available accrued vacation, compensatory leave accrual, sick and floating holiday leave, may
request donations of vacation leave;_JJ1~_~n1Dh!ys;e _Dlaki!}R.Stl~Jl.Lt:(l\J~:,~J_lll(n~_J~~~(r~~Ltt~~
~-~-~m(' c~JJ;.'nw.h}y eJ;~~._b e ~1lli..~\~I\e;5i lQ.._d~~l1m~,-- J:N.QJ! 2 1{09
9.8.2 Criteria For Approval - A request for donations of vacation leave shall be submitted to
the requesting employee's Department n0:~(;J~~[/f)i~:i.:j_i().!.L.J~J.i..m-,}~:.J-[c-rK4 accompanied by
medical documentation verifying the medical condition requiring the need for leave, and the
time period during which the employee can reasonably be expected to be absent from work
due to the condition. Upon verifying that the requesting employee meets all of the eligibility
requirements above and upon determining that the medical documentation received provides
appropriate verification of the medical condition and time period involved, the t)c-r-at+Htettl:
-\-ol-eooI2epartmenJJ.2ircclor will recommend the employee's request for donations of vacation
leave be approved by the Mayor. The Mayor will review the request to assure that all of the
requirements set forth in this subsection have been met and, if so, shall approve the
employee's request for donations of vacation leave._Ib.il..J2/;?!OR
9.8.3 Notification - Upon approval by the Mayor, all City employees-,-.!!.nl~ssi:!Jestriction has
peen requested lDhc QJ)1p]oY.s.~Q-shall be notified of the approved request for donation of
leave.
9.8.4 Conditions Of Donation - An employee who has been employed for at least six (6)
months who desires to donate accrued vacation leave to a requesting employee will do so as a
free and voluntary act and no duress or coercion shall be placed upon an employee to make
such donation of his/her accrued vacation leave. Employees who are utilizing donated leave
to cover their own absences may not donate leave to another employee until such time as they
have returned to their normal schedule, and any excess donations made to them have been
returned pursuant to 9.8.6 below. An employee who desires to donate vacation leave shall
complete a Donation of Vacation Leave Form and submit it to his/her r-)epitFt-ffleffi
l--k-a:Ei12_cpanmcntJlirG.Ytor. The donated vacation leave will be transferred to the requesting
employee's sick leave balance with the next payroll report. Forms will be date stamped and
all time donated shall be in full hour increments and shall be credited to the employee on an
hour-for-hour basis. A monthly update of the condition of the employee by the attending
primary medical doctor shall be required and furnished to the Department Director._.l~'~i
12/5/08
._-----~
9.8.5 Use Of Donated Leave - An employee who has received donated vacation leave will be able
to use the sick leave in the same manner as if he or she had personally accrued the leave.-
fH'\:)-\,cf-dt'(;l-thttt---t.hB-ttt;e-.{J.~:. tltt'--&te-k-.ltcH-H.-'--. i.S-~I+-12B It++lt,-fh1-H€ €--'ivt{-\t--the. - j-7H'Wf.s-tH n-s--H-f+h-i-s--A Ft.tt-Ie .
AJL~.s:Q}I~!b..()r .~.~._!<::':I._y_~i~il.l~!lii)n..k~I.~~~~~!Lm~~I_g_U.Q._ls.!. Ll';I.~~.d.(~]il.li.QIL"..!ll'!~k Js.).th~_~;1JJI!Jgyl'~~
s_b.<.!IJ.J~.I:c:J_L,,-~'~I_l i rsLS:i~l(::_b._ Em:'.12~rJ_(.).0-,-TbS;J~ IJ1i1i.l.1.0.\,'L (lLI ~ll.~~_DQ.C: sll:iJn~'yj !J..1b~JJJ!_~_~I~~Ll!l.:J~.(LD:\2LIl
the ~mpl~2Y..~f'_s cl9J}Dl~!Jec\ychclJ}1s..:
9.8.6 Return Of Excess Leave Donations - Donated leave will remain in the employee's sick
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 17 of47
leave balance for a period of six (6) months from an employee's return to work-itttdH1Hyonl-y
I')e--H'set!-hy--lhe--0R+171I+)'-t'e-~ ~-t F- ah!i-t'ttlO-i.."'-S- 1'\;.1 H te<::l-I H-+He--eH-ftd.i+ to ti-+e-r-.wR-i-t.~~l-t-t-was-.dHt1iH \:'&: In
the event of excess donations received but not used due to early recovery, resignation,
retirement or death, all donations received but not utilized shall be returned to the donating
employee(s) based on the proportion of hours that employee donated in relation to the total
hours donated by all employees (e.g. an employee who donates SO hours of 4S0 hours total
donated shall be credited with SO/4S0ths of the hours not utilized). Such returned leave shall
be reflected in the appropriate leave balance as soon as possible. Time donated for this
purpose will not be considered as time used during the donor's performance rating period.
TA 'cJ 2-3-lJ9
-----~_.__._-
9,-9---- --A:d-nti-n-istffitw.e--lJeav€--f\.ttY-B-af't:!,.a.itH-n-g"'Hfti-i.. eHtpl+ly-€€-tltH-Y- ee-.pli:H.'-e(.:j-Htt--/H1Hti.n-i-s-tm-ttve--I;i;!ft-Vi..'--+teu-ve
wi.tfl.-tmr)-..fBr-H.'i.+sHRS--tn-tfle-Best-i-nWfeS{-e+-t-lie-{-=+-ty..i:tni..l.Je.r....ffitt1-!-oyee-.~-t'cg-:-t'H"" (H-t+H-se--rr'Wtwk-f'e-ktte4---ttr
t)eF-S-t-mit!-.p-rBhleHl-,of-1:fl-H')He.H8-.-nn-...f-n.\,t'-Stt-gat-tttH-};-- ......:rA.e--Gtt-y-..may-- [) ] ac c €-el:ttti-ft-R.~~s--+)fl----tt!t
e+Hi7ktyt~.--t)fl-+\-Eltl-ltnts1:fati-Ve---hettV€--rtHE-I--fettHi.F€--Iti-H1: ,LRef-h+-ee-..avltita8-k-dtH~'n-g---lttsiltef--lt{)-ffRa-l---w(+Fk
s8tetffiIe:-........g.ffirk~. no rma] ~~ ed to \ W+Fk-+)tt--&tfie.F4fl.a.R-'"tH--&--rtffi~~~4H.e-Sfta.U--1-1e-ftl.-It
t'lti. .a-9-AM-*J.~l-t'JHk"'--Wfte.rt.p+l:K"'-eEi-Btt--A4-mR-i-'1-tffil+ve-.-I-:-ea-V-e-;--l+-aH-empk-tyee-.j.s...1;ffiit\'i.til-aftl-e-nt-.an-y
l--i-H-K.~....JHr i n g 1:Rf:'-alf€t'J1 at i vet tffie-seh€{-I-Hte-.-tltett-a--ki:tvt.L ~;] i]1 m ust--ee-+t/-f-Retl-iR--1-&BfWe-F-ltte-iJHtftlH-1-t-Bf+i-tfl-t'
tf!.t\..-€-tRflk~e-t~; LI na v a H-ah-k'7-- MQL~LtQ._~~<::tii~!.L12,-.Q.tIJ~LhCllY_~~1,'..e.... L 2....:.2 _ J.j~ '(J .I.~/J]i..( looK
9.10 Cancellation of Vacation Leave bv City - If an employee has an approved vacation canceled by the City,
the City will reimburse the employee for all verifiable non-refundable expenses incurred by the employee
after the date the Leave Request was approved.
ARTICLE 10
HOLIDAYS
10.1 Holidavs Observed - The following holidays will be observed by the City:
HOLIDA Y
DATE OBSERVED
New Year's Day
Martin Luther King's Birthday
President's Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day
One Floating Holiday
January 1 st
3rd Monday in January
3rd Monday in February
Last Monday in May
July 4th
1 st Monday in September
November 11 th
4th Thursday in November
4th Friday in November
December 2Sth
Approval of Supervisor
10.1.1
In addition, any other holiday legally proclaimed by the Federal or State government,
provided that the City takes official action to have such holiday also observed by the City.
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 2011
Page 1801'47
10.2 Alternative days of Holiday Observation - If a holiday observed by the City falls on a Saturday, the
holiday will be observed on the preceding Friday. If a holiday falls on a Sunday, the holiday will be
observed on the following Monday. If the day a holiday is observed by the City falls on an employee's
regularly scheduled day off, the employee will receive an alternate day off as a paid holiday during the
same or following pay period.
10.3 Floatin!?: Holiday -=
_________1 n. -' .1JJ 0 a tin g 1-1 0 lid a y t. c a v c s ha-11::})c'::.illi.w{~~~::+tf\-lY-Ht)Bfl---Hfi1fB-V-itl--aH.d--itt---+Rtt--6tSt'-fettefl--of--t..J.-w
H~llit!1ffiI::'Rt-f)ire.e.te-f;-- QIl.~~._tJ .1..11 t )~1 in!LJlQJ i.0.m~.L~j,ghL12.1.b~!_lJ!.{). _\:Y.il.I. J2~ _,g!1}llJ eeL t~~~(l ~L~ _~_IJmJ.Qls;.~..llJ__ll
I.Lll!~ __\\. h L~!.L i s....l.1}ghm[lL~\gIT_~.Q..1tL.b.Y J be; ...em nh,l}s~_~.!IJ~LJb_~_~llwJ~!ygc ')_lm1ll cd i a 1~._5jll2~~\'_L0~lJ:_Ji<::\Y
<;JJJ.l2hl vec s s ha II h a v c . beel1 e IlJJ21QY G~l Ji2.LS.L'i..,Cf2L 1.1.1Q.!JJ1J5.jlLQ!:d e .L..1 0.. il\l.~1.lu.y__!l)L-'l..n.!.E.u.i.ngj}.Qli<J.nj~
Eloa1i~}g_b.olietQ.~av~ may -'loL[~!i:.Ll~1l inJess,J.ban ollt:jlLhour jn~.!:.~llle..l115",
.___.____1:6' d L2JJ2j08...:
___..._.__JJ) .3 .2 .:...N 0 .PllYlll cn t wijlJ1c n:m<:!.e ~m.Q.!l se12_~r~!iQJ.U!L~JDI2lQ ym c n 1JhmL1bs;_(Itx..f.(2.f <-1nY..l!lllis!,;,(Ltl oa t i n.g
Hqlid,!v L~ilvc.-=-.lj\ 'il..L2.LL2/08
I n.3.3 No carrv-ovcr or Floatino Ilolidav Leave \vill be Ilermitlecl rrom one calendar veal' to the nex1
_._--_.._._._------~-_.__.. '=' -~._.._-_._------~_.._---------_.__.__._---
~g1gmiill:..ycar '_~ J'^ 'd 1 2/ I fLO~
o mH-B- 11 oa t i 11 g h o.J..K-Htr{-et<s1*-f8t.j.1Bt.tfSt.wtl.j.~Lgf-al-tl:ed-tt-r---e-aeh--effit*~"e--i:tt--a-4ifHe-whi€-l-1-..j.s-'fltHtoolly
agreea hie 10 t he~)-J'€e--atK+--tflt\..-et1-1pmyee-%--it1lfHeJi-ffie-Sttpe-f'v'i-s~-\...~-et'H~"-S--S.fla+l--fTe.t~
I; lBiH ffig-./tHttaay--teave-ffiay-HBt-..ee-t-ak-efl.-i-It--J.es.s-thaR-f'lfte-+-l+ttt)-Uf--tH€R4H€+lts-;
10.4 Holiday Compensation (Full Time Employees) - An employee shall receive eight (8) hours of time off
with pay for each holiday observed by the City, including a floating holiday of each employee's choice. An
employee who is assigned at the City's request to work a four-day ten (10) hour schedule will receive ten
(10) hours of time off with pay for each holiday. In order to receive holiday compensation, each employee
must work or be on authorized paid leave on the scheduled work day prior to or the scheduled work day
immediately after each holiday.
10.5 Holiday Compensation (Part Time Employees) - Part-time employees who regularly work 20 or more
hours per week will receive pro-rated Holiday Leave based upon their average normal workday, but in no
case less than four (4) hours.
10.6 Workin!?: on a Holiday - An employee required to work on a holiday will be compensated at one and one-
half (1-112) times the employee's regular straight time bas~]ate of pay-plus long~yity if iJ1212liglbl~-, for the
time worked in addition to regular holiday pay provided in .LO",.4.. 9-,'; above.
ARTICLE 11
SICK LEAVE AND INDUSTRIAL DISABILITY
11.1 Sick Leave Accrual - L'L1l1.liJ1.l~J';~mployees will accrue sick leave (.ffHI."-vrl+Vl"pH-y--at the rate of four (~2
hours per pay period, including paid holiday, sick leave, vacation and other paid leave time and excluding
time for which workers' compensation time loss benefits are paid. J:~mJinJs'_.s~1~1l!J..<J)~t:~'iA!.1_(L.s::l-c;mployees
who are on a leave of absence without pay will have their leave pro-rated if they have worked any portion
COLLECTIVE BARGAINING AGREEMENT
City of Bremcrton and Teamsters #589
January I, 2009 through December 31, 2011
Page 19 of47
of a pay period at .046154 for each regular hour worked as outlined above. The maximum annual accrual
will be ninety-six (96) hours.~J:L\~~LJ)L~l()8
11.2 Maximum Sick Leave Accrual - Employees will be able to accrue sick leave to a maximum of 1200
hours on January 1 sl of each year.
11.3 Sick Leave Incentive
11.3.1 An employee who takes thirty-two (32) hours or less of sick leave in the calendar year will have
eight (8) hours added to his or her vacation leave balance at the beginning of the following calendar
year.
4 -h",,"2--AS-ft~.-JafH:lf:l:f"7c-h-.2g(+7-;-&'t'-t*)H" ~+..;h.1-'Hft..-ktf~f-apf'l.J-i.e&-Enee+tvt'--.htHHd fY- -.~.;- ~~(Url;--a-tty.-nH-Fl--
p-H'l-8atift-H-af-Y---e-tB-f'H-O-v€€-'eB-v~--Hfl{Jtr +h'~S-"1\~fe~-Ht-Vi-RH--tl-oes-.tl.{'J-t.-ttti-I-~€-.h.i-sf-ReF--s-i-€-k---k"i:t'rt'
he-Hefi..H-ft..~r-' J an LI U1~ q -tl-1fB-\.~-J-tmMq i h -tt~i...--'i1.-I-efid-ar--yettf--s-Ra-J+--.I--Htv c th c i r -Y-Hi;:.-a-ti-B-H--l-ettv€-
ha-I-d-H€€- creel i tcd wit h (8) ----a43-i--t--i-etntl---ltBUfs-.tt-Il th e pay pc ri oel en din ~ J u] ~ '\---.8fu:l...at=ty.-Rftfl-
n ,-" b"j ~o nary fil+l+*-t~4~S--tl.:B-t--HtH-i-'f:e---R-i: ;/l1er ~; i L,*-~-aYC h~tl e fi t +fHm-----.J-1:tW-+ ,t-t-l=t~
prmm '" -..'t. ., .. ~
t)eeembcr 31 sl4all 11(1', e their vc,cation---l-€ave halan€t'--€re{+i-t€4-~~-+&-t-ad-t_htte-naj. hour~; Otl
R 'MI ",,,J' JJ lOt
t e p u y p entttl---l::-tttt lrl g . a n ua fj'---::r-r- ~
______.__ 'fA 'ct 1/21109
11.4 Sick Leave Retirement Pavment - An employee who retires from City service on a service or disability
retirement will be provided a Sick Leave Retirement Payment at thirty-five percent (35%) of the employee's
accrued and unused sick leave hours to a maximum of 35% of 960 hours (a maximum total of 336 hours).
The payment will be made to the employee at the employee's regular 12'lSC hourly pay ratej2LL1~J<,,~g~0tv it'
'}.I2Pli~<!DJ~.i..uin effect at the time ofretirement._16.'~U~jjliL~
11.5 Payment of Sick Leave Upon Death - In the event of the death of an employee, the employee's estate will
be paid for the total accrued and unused sick leave hours at the employee's regular ba.sc .hourly pay rate plus.
!otll.:cvitv i r applicable. in effect at the time of death. J'A' d 12/5!Q.~
11.6 Sick Leave Use - Sick leave shall not be granted in advance of actually being accrued. Sick leave will be
made available to each employee up to the amount of each employee's accrued sick leave balance and shall
be used in increments of no less than one-quarter (1/4) hour to cover an employee's absence from his or her
regularly scheduled work hours due to:
11.6.1 The temporary disability of an employee resulting from his or her personal illness or injury.
11.6.2 Providing care for: a) a child of the employee under the age of 18 when they have a health condition
that requires supervision or treatment; or b) a spouse, parent, parent-in-law or grandparent ~L~l
d() 111 ~s t i~Q'lr.!!J.~[: d ).@yJ1~I~!!JQ):___:'N h .QD1.lh~~D!1?12y~~.__i_~i!Je::.@.L@_Q!:(iid n: c li:ll=lld12()!L~2I da llgbJ.~:
incjlmlQl~_o r sQlf--~1!:e bg_c:au:i~Q[<!..llblo'ii(;j-Jl J2L!}1cmiJJ.<J.i~';:1D.iliJ-_L of the employee who has a serious
Q.LQmcrgct10... health condition,_ o-Hin-em-etg€I'H;:-y-Hm;:!.iti-Hft ':'L\:i-LlD2/()9_~"!l~j}jllJ.g~--,-'i
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamslers #589
January I, 2009 through December 31, 20 II
Page 20 of 47
11.6.3 Attending medical, dental and/or oculist appointments as needed for preventive or rehabilitative
health care of the employee or the employee's children when such care requires parental presence
to supervise or authorize treatment.
11.6.4 Upon the birth or adoption of a child, an employee may use accrued sick leave pursuant to ---FMLA.
11.6.5 Providing care for an employee's immediate family member as provided for in Section U---e<;
-W,4~~, when the family member has a health condition that requires the assistance of an adult
caretaker until such time as other care can be arranged. No more than forty (40) hours of sick leave
can be used for this purpose for the following family members: brother, sister, brother/sister in-law,
grandparent's in-law, grandchildren, ~h)m~:.csji~JlQnll~lL-<:lL"L"TiQJJJgL \vtLQ-,}uJI!Lemlll~_)y~~j-,~.~Ll.l:R(!.l
g!lardian. l!DJJl;~LJ:i~s-Li1(lult SOlU)L~tmlghler i!~CllDllblc_~)r self.-eare Jx:cau~c of ~u2bvsi~aL~ mel]J!:ll
gjsabilitv. _and step relations as described herein of both the employee and the employee's spouse.
(Revised RCW 49.12.270 as of 1-1-04t.
L'\iU/22109
11.6.6 Only when an employee has exhausted all sick leave accrued may he/she use other types of leave to
cover his/her absence.
_____LL 6 ,-7. tcav (' }V i t.h 0 u 1 Pa y ~r III p I 0 \ ~0-JJl0l)]~2Lb~jI:UL1~~l\'c Wiili!~lli..[~~LU" W Ql~c~Lmu~DJiL:lU leave
,lee !l~'J~b!lY Cb~~Jl.~0 hLm~~~Ls~c.CJ2U:l~[lJ:<2yigt,:_0jJl_;\ rt ll; 1 C J2.J.-::J?!': rC'!Y_~~m(,:l}Llsa '~~,_.QL~_!ll css
~n C 11]1210 vee .!n u st rcpo rt li) wQLlJslI...;L.!J,:Jl\-d m~b:_~<:h cd IJJS?.<l~ h iJl_.l~---.il Qli2LJ~weLJ)() Jl rs_~Li}~!:
~l~PJlrtjlJfLJlQ!ll.\ \'<21:1-'-.^n ~DmL~2E_~_~halL!?_~_J2~EQl i tL~~L L~i~~_~ i th 0 ~JLbDjl.YL(!J!l_0kll~"ijn_Jhe
1 () reg 0 i ngJ. n s t ill~<;'h. pro vi ded tll c _~Ill P I 0 y~c J!il s () b t<Jim~d iU!nr(2YJJljlll!<:l.\::nn~r;..Jhlm lh~J)~Q9I1DlQm
Dl rect 0 r~i~jg!} ec. ,vh 0 will ba v ~_d i scrct i c1.!Ll!2._':Um r2 v c .cae 1ll:.Qill1 e~t OIL ,1 e a0.Q.:b.::c a ~I{Jm~,;jio
TA'd 2-3-09
~~-----
11.7 Notification of Sick Leave Use - An employee who is absent or expects to be absent from work due to
causes specified in llG.6 above, will provide notification as follows:
11.7.1 Routine Appointments - An employee who schedules a routine medical, dental or oculist
appointment will make every reasonable effort to schedule such an appointment at a time, which
will cause the least interference with departmental operations. The employee shall give prior notice
of the date and time of the appointment to his/her immediate supervisor. An employee's immediate
supervisor may request that the employee reschedule routine appointments when, in the judgment
of the supervisor, the scheduled absence of the employee would unduly interfere with the
operations of the Department, however, the immediate supervisor will not unreasonably require an
employee to reschedule routine medical, dental or oculist appointments.
11.7.2 Unanticipated Absence - An employee who is absent from work or will be unable to report to
work as scheduled due to personal illness or injury, or for other causes specified in U!-f.6 above,
will promptly notify their immediate supervisor, or if unavailable, the department/division manager
by telephone as soon as practicable and will make every effort to notify their immediate supervisor,
or if unavailable, the department/division manager.within the first one-half hour of each work day
or, if possible, within the one-half hour preceding each work day of absence. In the event neither the
immediate supervisor nor the department/division manager can be contacted directly, the employee
COLLECTIVE BARGAINING AGREEMENT
City uf Bremerton and Teamsters #589
January 1,2009 through December 31, 20 II
Page 21 of47
may leave a voice mail message. However, the employee is obligated to speak directly to the
employee's immediate supervisor or the department/division manager during the day of the
employee's absence. Each employee will be given contact information (including
office/cellular/pager numbers), to the employee's immediate supervisor and department/division
manager. In the event of a prolonged illness or injury, the Department may exempt an employee
from the requirement to report their absences on a daily basis, and may establish an alternative
reporting arrangement appropriate to the circumstances.
11.7.3 Sick Leave durin!!: Authorized Paid Leave - An employee who becomes ill or is injured during
his/her paid vacation or compensatory time off for accumulated overtime, may request the
conversion of such paid leave to sick leave with pay by promptly notifying the department of the
illness or injury and providing such information as is required by the department to verify the
appropriateness of such a conversion.
11.8 Sick Leave Documentation and Approval - An employee who has been absent on sick leave will, within
the first work day after returning to work, complete and submit a request for approval of sick leave on the
City's Leave Request form, and provide such information as is required by the Department to approve the
use of sick leave with pay for the absence. Sick leave must be approved by the Department prior to
payment. The Department will not unreasonably withhold approval of sick leave with pay from employees.
11.8.1 Sick Leave Certification - The Department may require an employee to provide a professional
physician's certification of an employee's, child's or family member's illness or injury as a condition
of approving sick leave with pay. In the event the Department intends to require such verification,
the employee will be notified of the requirement prior to returning to work.
11.8.2 Return to W ork/Fitness for Duty Certification - The Department may require an employee to
provide a Fitness for Duty certification completed by a professional physician that the employee is
sufficiently recovered as to be able to return to work and assume his or her normal duties prior to
the employee returning to work or, in the event the employee has appeared at work, prior to
resuming work. If the department does not allow the employee to return to work due to the need for
a Fitness for Duty certification, the employee will be allowed to continue the use of sick leave.
11.9 Industrial Disability Leave - An employee who incurs a work-related illness or injury and who qualifies
to receive Workers' Compensation benefits will be allowed to use accrued sick leave to supplement the
Workers' Compensation benefits so as to provide the same gross pay he or she would have received for full
time, active service. In no event will the combination of Workers' Compensation and employee sick leave
exceed 100% of an employee's regular pay rate at any time of the disability period.
ARTICLE 12
OTHER PAID LEAVE
12.1 Bereavement Leave - An employee will be granted three (3) days of bereavement leave for attending
funerals in the State of Washington and five (5) days for out of state funerals of members of the employee's
immediate family. Immediate family shall be defined as spouse, child, mother, father, mother/father in-
law, brother, sister, brother/sister in-law, grandparents, grandparents in-law, grandchildren, step relations as
described herein of both the employee and the employee's spouse_~H1d _'Any~J]~E~_QnJqu~hQx!LtLlc: ell!nL<:2)s~i~
'LI<::g~\LgJ!.'lL~li~LD. A~!-.(Lime off for bereavement leave ;;hWLFHRy be charged against an employee's vacation,
COLLECTIVE BARGAINING AGREEMENT
City of Brcmerton and Teamsters # 5 89
January I, 2009 through December 31, 20 II
Page 22 of 47
floating holiday, sick leave or compensatory time leave balance at the option of the employee:-ir (lvH-fldhli;:'.
Additional time off may be requested by the employee and granted by the [)t'pHH+tH:'j'll-hl;;.'ii\:Il)~n_,~run'='-lJ!
12iL~,&t() IjJlt v i ~qlL.M~!l(lg~L_ in extenuating circumstances: .__L~~LQtJllliyJ!.~_g!ll.111~Ll!PQJLJ~Ql!~:'Lt2.L.~m
~Il)P I O\~9.~~'itlllbl,;.~1212!\?~]LQJjhe J2~12(lJ:trn~!lt .Vi 11~~J..QLQ]1!.u~~~e:by -C~!li~J)~~Ll;~ljLdlJ.:D.2
12.2 JUry Duty, Witness Leave - An employee shall be granted a leave of absence with pay for the
purpose of reporting to or serving on jury duty or serving as a witness on a case relating to their job
with the City, except in those instances when the employee is involved as a party in an action being
taken against the City. Any juror or witness fees received by the employee for the performance of
such duties shall be assigned to the City. If more than 2.5 hours of their workday remains at the time
of release from jury duty or serving as a witness, the employee shall report for duty.
12.2.1 City Notification - Employee shall be required to notify the City immediately upon receipt of
written notification from the Court that they must report for Jury Duty or serve as a Witness
as the result of a case related to his or her employment, by submitting a Leave Request form
with a copy of the Jury Duty/Witness Notice attached. Upon telephone confirmation by the
Court to report, employee shall immediately notify the on-duty supervisor.
12.3 Militanr Duty Leave - An employee who presents official orders requiring his/her attendance for a
period of training or other active duty as a member of the United States Armed Forces or the State
National Guard shall be entitled to military leave with no loss of pay for a period not to exceed t~:~nty::
Qnc_( 2 I ) 4+~t+-5--) work days annually. Authorized leave of absence for additional or longer periods of
time for assignment to duty functions shall be without pay (unless the employee chooses to use accrued
vacation leave or compensatory time) and shall be granted by the City. An employee receiving up to
twenty-onc (21) .j:':i-fteen (15) work days of training or serving on active duty shall receive their regular
pay and the amount received from the Federal or State government, pursuant to RCW 38.40.060 as may
be amended from time to time. . During ~Tiods of military conllic.t. ell.mlQ1S'cs arc entitled to un.JQ
fiftecll.{l5l.davs of ullQaidJcave bcfon; their SQill!Se is c~J2loyed or while their Slli)LlS.C;;_l.~LQ.rl kave from
gcp I oyment.,-.-' rA JLL2/5 !OS
l~~Do!TIcstic Violence L('av~. Pursuant to S.ta.1l' I "l~L'pomestic Violence I ,cuv.5U)rovidcs additiol~lal !c,!ye
ri.gh t S t Cl.SllillJQYI,;(; ~_\V~~.-,-U~ vi c t i nlS.. 0 r <lQ.lll C S tjs_~s)Je 11 c e. sc x u u I ass a ul t o_QI.~t~thiQ&...~l.L~hQ.l.n:<;, f'lmily
fllcmbcrs of victims. 1l cntitlcs~rnpl.QJScs to_lake leave li2..Jcc~ve lTLedic'!l trealDl~nL.J:!llen(L Ieilal
nroccedinl2,s. or address safety ConCCILl.!Lari5il!~Q.uJ or domestic vi.!Jlence. sexual (l:i~~!.u.l.hJ2LS!.ulkLtlii.Jl~
Qutl ineiJ ill CityJ I L1man Resources Pol icy:) -20-1.:L.J.A '_clJ 2/5/08
12.5 Administrative Leave - 1\11)/ bar~ail1iUlLlll1it emplovee n1a)/ hCJ}bccd Oil Administrative L.ljl2~Lk:u,-l,;'
~j.1b..lli!):l.tl)L !:!:.~]~~~1l'i.jlLU1~ J2.9-,"-L. in t C 1:<: S U)L!.b.LC i ~Y._t!l~btl:.~!1tjllib:.~~k,g,JQ__<;LU1'1l:<;l~. ':1. .2~:S)J:I-;'~.I:~]D.l~~0 _!~ I:
l!S'J:::;'~1.tW.L.J2!JJJ21~IlLQI:_t.Q._.<;..!)I1!JgyL~m_i!l~~~!j t!,a l i .~l!ll-___. Ih~..LitL.n}ll.Y...Ql<Js;.~__l:l?Jt i:!LIL.I:c."lric: l.i!?D S._Q L1...'lll
i.:ll1P1D~'<::'~_...Q.!l--.6.t:-'-!1l.L!..1i.c;lEl t i \. e__l&~!Y:~.JJ-'l~LL~!ll!ir~Jli Ln/ b~I.lQ__ be.J:l~ill.l;lb L~..ill!.rlluL. hi'iLI}<:L.llQl:Ll.1 i:!L\~.Q!:h
)5:.11 t:.~lllj~.,_Emillll ys.(; S!JC?lID ell.Lt.?!;! 1.!LljJ,!ls:<JJQ_\U!Lk. Q!U)lh~L!Jl a llill)_~ (illLliL.l.nllL;~b~(.Ll!J sL.:'i.n;:lllh(;_EVl
() IU1..9 .~~..L\ .~:t: .5..1 ~.G:l.:-;~.h~<:ILIj.,~.~~JLl:l.Lp.Lel,\,'c~LQ-'l.;\ (IJnin i~tL:Jli\~~.L.t,:.m;~;n.lJ:mL~'1]1Q-' ~!~~<~cj.:.\.LjLl(l.\.:,IU '1b.1.l,~.!IJ
'lIl..LLi'-ll.~~~!!jDgJLL(L ~l-'-!~.rI.!(LlL~~~.J.i.l !l~.,')_cjK(Jll.l~' ,-_ill~:.ru~J ~',J.';: l:-,,,j ilJ.IJ1~j5U].l:'_.lll r n.l,-'.cljJ.L.t~).\:..l1.\:': I:Jb.~ J:lIlL<l.Ll!LL<2.C
JjLllUt~SJ 1112..1.<) Y <::'l:~~:WhJ2~..~1l1 ~ v a il~Lble-,
:L6 ~(,L~l~b.(mg~,?i.Jl2.l{Q.(~
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January l, 2009 through December 3], 20] I
Page 2301'47
12.4 Emergency Leave - In the event of an unforeseen emergency which requires the absence of an employee,
the employee will promptly notify his or her immediate supervisor, or in the absence of the immediate
supervisor, the manager on duty in the Department within the first one-half hour of each work day or, if
possible, within the one-half (1/2) hour preceding each work day of absence. Such emergency leave shall
be charged to an employee's unused vacation, floating holiday or compensatory time leave balance.
ARTICLE 13
RETIREMENT BENEFITS
13.1 State Retirement System - Each employee will be enrolled in the Washington State Retirement system for
which he or she qualifies. Contributions to the Retirement system will be made on a pre-tax basis. Each
employee will be covered by the federal Social Security Act.
ARTICLE 14
INSURANCE BENEFITS
14.1 Medical Insurance - The City will make medical insurance coverage available to employees and their
dependents, as follows or another plan of equivalent or better coverage:
Kitsap Physician's Service (KPS) Plan B
Group Health Cooperative (GHC)
JA\11/21/Q2
14.2 Insurance Premium Payments - Payment of insurance premiums will be made as follows:
l4.2.l--~loy(:e~~ wi-l-l-be required to pay the roll(+~ contributi()n~; kmard~; the -ffiBftt-ltly--fltt'trtttlfH'S-}f}f
Hled i ca I co \'effige-..e.~e---a&-&r{-fl.e--~ '1-{*t-I-1e...mHftf.ft-tB+ttt~Bttfi€.atiBR-eftht.~-etffii€fth
~ ~ - "0'
KPS Plan B-6i'-Croup He-a-J..t.Ir..
Employee only covemge
Depend ents--€o ','erage
Em p hry-ee-
Employee
(V;,'O
5%
(2Hy- I 00%
C~ty C)5%
14.2.1~ Effective JUn-Hafy-t-,~Eemployees will be required to pay the following contributions
towards the monthly premiums for medical coverage:
Employee only coverage:
Employee
0% City 100%
Dependents coverage:
Employee
10% City 90%
14],1_JJl'<:.'2U \C_tIQ(!lLr<ltjn<;clJi~)n, J]1~...(' i tyy~,jJ!QLr:~~LllJ(:d j<':ilL~o ~.er[1R(:l() (Le.D.;:I!.lLe!lt~~)L(,'DWI o)~;;
Lfl...n~Lr1<; s t i.t; _Eel!:ln c r~bip,~.Jb~!Ul'i~ ~J0.~(LU~lfi f.;;.t0.LtL.S... \.': itb.lll<.L 51i.\l~..~10 ...r<;...ll.uir~<.Ll))J 2!\~~;lrl (1
h a ':~~_J}J fLJh.<;....lJJjlli-'lltlD.L~UJ i(1:~yiL[<;.qlJ..USJl!.~ 111.;;,
T:\'cJ 12/5/O/{
"-- ---~-----_._-----
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 2011
Page 24 of 47
14.2.3 STIPEND IN LIEU OF MEDICAL COVERAGE - An employee who waives the right to
obtain medical insurance coverage through the City and who provides proof of creditable
coverage through his/her spouse or other source shall be entitled to receive a stipend of one
hundred and fifty dollars ($150.00) per month, payable in the amount of seventy-five dollars
($ 7 5.00) per paY_lIS_DflJll i ltc~LQIJ~Ll'll_bj5';5::J_ _~(~._AL0J!:!L~__~lr}1_Ll;~JC.L~ILJ_I~:\lL( llJ~jJ(;~; I I:i~ll~ )ll.0~
Employees shall be required to notify Human Resources, in writing, during open enrollment, of
their desire to waive medical coverage, or at anytime during the year if a qualifying event occurs
which would change their status (e.g. marriage, divorce, spouse loss of job or medical coverage).
-I-4.*-i-ttiti-dl-i-Hlj'TK:tH.-etHitltB1H}r +1+is-{1eH€fu.-lt}f.+1-1f)St'--whH---e~-e€ 1-4H--\-Yl.tfV-e'f H-Vl!.rage-.-- t-fl.e-j'tnyiHettl--(}f
the.sltpeltt~.\..,.tl-l-. HfH-he-.H:!tFHHct~V-(~--tH.--JatHh.tF;--l;--2-~H){r.--!:-}\lt--'& i.H--heHttl'lt'---efJ-0l.'t-iv-e--+he -#FS~PHY
j)\;;'Fi.Hd--H!-~-l+ltL+le.\+-m.Hltl+r-futl(-lWi.Ht:uHII~fi"'a(iHfl- (-"*.(fH:.....--ngr-et'ttl€ttt-:.Since both KPS and Group
Health underwriting requirements require a 75% participation rate, in the event that there is less
than a 75% participation rate due to employees waiving medical coverage, the City may cease
offering the stipend due to the adverse impact upon those insured..G~~(L~..}..::()~~
14.3 Dental Insurance - The City will provide the same benefit levels as are contained in the Washington
Dental Service Plan F dental program for employees and their dependents and provide for full payment of
. .
Insurance premIUms.
14.4 Insurance Benefits Committee - The Insurance Benefits Committee will be comprised of the following
members: Mayor or designee, Human Resources Manager or designee, Financial Services Director or
designee, one employee selected by the non-represented management and professional employees, and one
individual selected by each of the recognized unions. The committee will elect a chair and any other
officers it deems appropriate.
I 14.5 Changes in Law - In the event changes in state or federal law create an impact on the present health and
welfare premiums or plans, the parties will reopen negotiations on such subject.
14.6 Vision Insurance - The City will pay the premium for the Washington Teamsters Welfare Trust Vision
Plan for all bargaining unit employees employed in the previous month. It shall be the responsibility of the
employee to ensure that the required paperwork is completed in a timely manner in order to enroll him/herself
and/or dependents.
14.7 Dependent Coverage for Extended LWOP - II' un employee is out on Leave Without Pay in excess or J 0
<:gDll.s;.g}!.ive~orki.!J.LQavs. unJess such leave qualiJic.?_ for H'v1LA and/or L & L cqvcrecLi!lD.t;:5ses ociDi.\!r.i<;_,':",
bfl.'ihe In a y_ be JCS ~~ ns i bk_Cor bo t I:ub~_ City' S ~lI1d em p I ovee . S Rorti () n ...QJj-192~__mlcn!J::.Q'yQ::!gsJ2r~ll!h.mJ s , _I/L~_cj
l~l.:99
ARTICLE 15
WORK RELATED EXPENSES
15.1 Uniforms - The City will provide new and replacement uniforms for each employee in the department
whenever the d€1*-tfl-nl€F1-1--lreadnc'1l(l.rtIll~;DU)jr(;_cJ.QxLnj_~i'cL~rL~1~lD.(!gg determines it is in the best interest
of the City. The characteristics of the uniform and what will constitute the uniform shall be at the sole
discretion of the Department Head or designee,
COLLECTIVE BARGAINING AGREEMENT
City of Bremcrton and Teamsters #589
January I, 2009 through December 31, 2011
Page 25 of 47
15.1.1 Employees furnished uniforms shall be required to wear their uniform when performing work
and required by the department.
15.1.2 Standard uniforms provided by the City through Uniform service contracts; i.e., shirts, pants and
jackets, will be maintained by the City at City expense. All other uniform apparel such as polo
shirts, tee shirts, etc., purchased by the City shall be maintained by the employee at the
employee's expense.
15.1.3 Employees are expected to take reasonable care of their uniforms. Employees shall notify their
supervisor when uniforms are in need of replacement and/or repair.
15.1.4 City uniforms shall not to be worn during non-work hours or to non-work locations, except for
incidental stops to or from work and meal periods.
15.1.5 While in uniform, employees shall not publicly drink intoxicating liquor, be publicly intoxicated
or under the influence of a controlled substances.
LS~~.L~.01.!-~[15. L1bnLL~, 1 .5
15.2 Cleanin2 Allowance-
The cleaning allowance for Warrant Servers shall be $350.00, which shall be paid in the pay period
ending January 15th.
15.3 Uniforms Warmnt SCrve-FS - The City will provide five (5) uniforms to Warrant Servers.
15.4 Tool Allowance - Vehicle Maintenance:
15"'.1 15.4.1 The City will provide an annual tool allowance per mechanic to buy more efficient --
--tools or to replace lost, broken, or stolen tools as follows:
In the amount 01'$475.00
Effective as of January 1. 2006 ffl--the ~',mOltAHH2-$(12).()O
.---.-fA Tect i \'e ,-~s-(*-J.aHtlufy--h-2-4{H-.ffi.-tfle-atlH':H:tffi-e I' $15 () , (}Q
._-.---t;fl.;;;,\€.t+V€---aS-H4HttUi:try--h-~).q~~H-tffi;-HHi-tH:l-Hl{ tr- $4~{).(..)
15.4.2 Payment ofthe tool allowance will be made in the pay period ending January 15th.
15.4.3 Should an employee separate from City employment during the year, a pro-rated reimbursement
to the City for the tool allowance shall be withheld from the employee's final paycheck, based
upon the number of months left in the calendar year.
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters # 5 89
January I. 2009 through December 31, 2011
Page 26 of 47
Example: Employee receives $+7~()()~:E:) tool allowance in January and then separates from
employment in May. Employee would be required to reimburse the City in the amount of
$2ZZ.,il~_~:M:;Z~~94 ( $~})J)(LI25.(~O divided by 12 = $,llt,-,-~~:t3jA-:l/month x 7 months {June
through December} ).
15.4.4 The City will purchase all specialty or new tools that are required to perform the job because of
changing technology or City equipment.
15.4.5 Replacement of tools lost or stolen on City property or while performing City business will be
replaced in accordance with City Policy #3-10-16.
15.4.6 All special and heavy duty tools, power tools, and tools larger than one-half (1/2) inch drive will
be furnished and maintained by the City. The City will service and repair all employee owned
pneumatic and calibrated tools.
I 15.5 Safety Shoes -The City will reimburse employees l!P_Jo ~Lmaximum of $L75.0llfor the cost of WISHA
approved safety or calked shoes/boots, when the Department/Division has determined that they are required
including inspectors.
TA'd 1/21/09
15.6 CDL License - When a Commercial Drivers license (CDL) is required for a position by the City, the City
will only pay for the cost of the CDL endorsement and required physical examination when making initial
application and upon any required renewal.
I 15.7 License/Certification Differential Pay -Employees ~yh() tllitt are required by the City-itl*~-to
have a Washington State certification or license above the minimum certification level set forth below will
receive fifty dollars ($50.00) per month for each current certificate above the established minimum.
Certifications obtained outside of the certification series identified for the division or work group will be
considered only when such certification benefits the City as determined by the Director of Public Works &
Utilities7 Effective JaIJI,!afLL.1.Q09 an.l cClji fi~3tion bevond one level above thc:_certi.Jici:!tio!LI~_C1L~L~~~U~~!'
the employee to do his/hgr job \\illnot result in al.lY.acJditional $20 license differential. Thiiil)fO'd:~i..Q1J-,'ibaU
Dot applv to employees \vho are currently.:LcceiDDR multiple license differentials as of 12/31 lOR: however,
~_~~ningJi cen sin g c urre r1l.::ihilll be J.J:l9-,'eS pCl!l0.i b i li tv () r t h c CIJmlO v C9-, an l:LSb 0 u I d illJl.._c e rti fi;::J!!l~2.IJ.J apse. (!ilY
diffcr~!!ti<!lJ.'or ~~h.JicCtl'?~ shall no lonucr apply....
15.7.1 WWTP (WWTP Operator Certification Series)
WWTP Operator 1- WWTPO Group II Plant
____']V \.,{:U~J_hJ_~@l()LIL=-_~Y~!.I po__n!~\m.llLP I (lllLT/\~~U.G:WL<2
WWTP Lab Technician - WWTPO Group II Plant
WWTP Operations Supervisor - WWTPO Group III Plant
15.7.2 Water Operations (Water Distribution Certification Series)
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 27 of 47
Water Operator - Water Distribution Manager I
Water Operator Sr. - Water Distribution Manager II
Water Operator Lead - Water Distribution Manager II
Water Operations Supervisor - Water Distribution Manager III
Environmental Technician and Water Resources Assistant (Water Distribution, WWTP Operator, or Sewer
Collection CerNfication Series) Level 11 Certification in any Series. Differential pay is allowed for
certifications above Level 11 for one series only.
15.7.3 Water Maintenance (Water Distribution Certification Series)
Water Distribution Supervisor - Water Distribution Manager III
15.7.4 Cross Connection Control Specialist (Cross Connection Control and Backflow Assembly
Tester Certification Series)
Cross Connection Control Specialist I
15.7.5 Storm/Sewer Maintenance (Sewer Collection System Certification Series)
Utility Service Specialist Supervisor - Sewer Collection System Level III
15.7.6 Automotive Maintenance Technicians (Automotive Service Excellence Certification Series)
One ASE Master Certification - Automotive, Heavy Equipment, or Emergency Vehicle Technician.
Differentialvav is allowed for each additional Master Certification
15.7.7 Electronics (International Municipal Shwal Association - Traffic Sh~nal Certification Series
and NT Telephone Certification)
Electronics Technician - IMSA Level II - Traffic Signal
15.7.8 Traffic Maintenance (International Municipal Sienal Association - Siens and Markines
Certification Series)
Sign Shop Service Specialist Supervisor - IMSA Level III - Signs and Markings
15.7.9 Eneineerine (Professional Eneineer and Land Surveyor). There is no Certification Pav
allowed for EfT or LSfT Certifications.
Engineer I - Engineer-In-Training Certification or Land Survevor-in-Trainiml Certification
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I. 2009 through December 31, 20 II
Page 28 of 47
Engineer II - En!!ineer-In- Train in!! Certification
Engineer III - Professional Engineer
15.8 Maintenance of Certifications - The City will reimburse an employee for the actual costs of obtaining
and maintaining a professional or work related certification including a CDL license, which is required by
the City or has been required as a condition of working in a particular classification.
15.9 Failure to Mmaintain/Otjbtain rReQuired cCertifications - If an employee fails to obtain or maintain a
certification required in order to perform the essential duties and functions of his/her position, b.s:'~::ib~..shall
lJ.i.::"J.l~ITLl.iDa t ~L.lIll1 ess Jb e C.r!!J219~_f.ml.i!ern O!J s tr~l t e_llE!1..!le;;.~'?h e has )1 QLbee n J}~~rnJ.it tCQ.-'?.YJh(L~liY.l~l.Jl!ll1.1 d
D.l~ req~.1 i reQ.Jr~ln i ng uIld i '} s1 cad rem!i[~.9.JQ_\Y0X~-, F1Ht+eet:"~ve-l.ltt> .t+1() 1 Hltty-t:eFt~.j~l"itltt-lt 1-1 MY .J.lL01L~,1:\L;_~.)L}
LOLJi.c.ci1SCL'l11._('l.D.ul0YSJ,~J:D.m::..~taH..h.~~Jcn.Dj.rl<1J~~!. New hires who are required to obtain a CDL license
for their position within six months from their date of hire, and who fail to obtain the required CDL license
shall be terminated by the City. 1j\ '~iJ /21 /Ol~
15.10 Meal Expense - The City will reimburse an employee up to t1n~el1_do_Um~\.L2J 5 J1Qletg-R-t-fW.}41 dollars
per meal for meal expenses when the employee is required to work during a bona fide emergency situation
after completing his or her regular work day, provided that the employee works at least three (3) additional
hours during a twenty-four (24) hour period. To receive reimbursement for meal expense, the employee
will submit an appropriate expense claim form_.I~~L2-3~D.2
15.11 Travel Authorization and Expense Reimbursement - Travel authorization and expense reimbursement
shall be pursuant to Chapter 2.74, Travel Authorization and Expense Reimbursement, of the Bremerton
Municipal Code. eel, -- I IR agrs:ed toJL~k &.1!,oublcsj}oot any delays in payment
ARTICLE 16
SUBCONTRACTING WORK
16.1 The City of Bremerton and the Union will agree that conditions surrounding decisions to subcontract work
normally performed by non-uniformed employees are subject to the following: The City will provide a
minimum of thirty (30) days advance notice of it's intention to subcontract out work and bargain the impact
of such proposed subcontracting. In the event the City enters into a contract, depending on the needs of the
City at that time, the City shall have the option to either to keep those affected employees employed in any
job classification for which they are qualified, at their current rate of pay, or to pay them under the
following conditions: Either one (1) week of severance payor continued employment for each completed
year of regular employment with the City, up to a maximum of 16 weeks. Employees will be cashed out of
all vacation leave accrued as provided by current agreement. Payout for Sick leave accrual will be granted
only to those employees who are within five (5) years of earliest retirement under (PERS), and then at a
maximum not to exceed seventeen and one-half percent (17.5%) of their existing balance. Those affected
employees will also be placed..Q.rL.D-.L~.D.DJ R~ght.t;:L.J21,-'i:Sll cl!J.u~L6[tj c Il:..Jl~Jci1.ll)IJlKcs~}]L (cm-(~.vtl-~f-vi-ee
l{'ffi~1€fl{- R C b i :; tl'fs--ffi"fHo'.wrd-attt'e--\~h..~~-sfffi-g---R:lks~ _~ I' /\~d2_::J::..Q_<-2
ARTICLE 17-......_-.._._-.---.EMPLOYFES STILL COVERED BY ('IVIL SERVICE
- .....---
.._.____C.0 ! Ls:.t::. ~ill.~L.tli:~J2i:D.~lr1.m_t:.!lLllQ D.::c<:; w ~2 rn llllJ]L9'y~_cc~.(:~)~~12.:r~~Lb.YJ.bL~'S:~1 Ll<:_c:lL\~c_l~!!:g;:liL1iJ!K:jill<:.<:.m(;nU:~l,_l ill
lll~Lt~~i\jlS c I.Y~~J:igbls_mlI.::i.ImDLhl.:.':il~!tc J~1~~:.__Ii\'.~L2.::1-!)(2
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 2011
Page 29 of 47
NI-UNI-{;I-J!A-IT-fm-m:~}N-(,' 1--V-I--b--o~RV-I-(:g-Ki\iW-bm'-li:-Is-S-KNI--PlA-)-- Y-M-J;;~f--I~lGH~I=,~
t----7.l---------Htr-i~-:=: ..:~-lle----~k...pa_Ft-H1_e_R_l______w_H__t- 1me-- -attd-- itFH-Ht8t_e----el-n-pI-HYt'eS--o-f-:----H'I\::'---- -\4-HH-K;ftntl-----(~:HH_t+---h)eFHt1tt1t't1_t:---irt
eHtt-h-tf-H-1itHt'-t'----Wttfl-----Jl"'i:l-e-fH-1;----stat e-----ane----k)\;'-a-1--1itw-q- -j:,'-O-"'-t-'i'I'lt11f,-lltfi-ng-- pFfH..4i-e~_'-~-;---------~e-wf~~----lttFt:-t+---elH_ttk~"'t'e-s----w-i--l-l-
se--~ e--it {-)-ne--+-l-~ year-------pfi:-l ha-ttflfliH'y-pef-itKh-d tlfi-ng----'<-Vlti€-h--flt'fim-1- -t !:It'-- ~~-f-tl-f-)-lt+Jee-tlli+y-----be--leFll1_iH_8-l-e-d--,.vi_H_1_nHl
eatlSt-'7---;'-\ fl-T-etnplf-)-~: t't,L 1- enni ltt:ltee--d-HFi-n g--th.;----j+\'t--l-kt [--[i-j H HfYfK'F ii-Xl- - \vtll--ltH-v l;;' -+10- H'i:'HU Fse -- hllhl:.'--t';F-it'\--ltHt: e
j1ftt(-eOO-F€--;-
-l-+.-l-----J!-Fftm-ot-ifttHl-I-----P-r-&ba-t-Htn-- -----N~~'H'HlRHtetl---------etBflI-Hye-e'-S--I;\~l-ke-fvt'-----i1-------s--i*"-m-e-tAA---f4t-----r)f81 11 () t i u n at
pre-t~-a-Fy-i)eri od d uri n;; wh i c h t HBe----t:fte-em p I () y ee -m a y h e-feti-tK"€EI-----tEHti--s---e-r-----hef----t-BRnef--f1o:; i t i () n in l-Be
L~---at the di:~cretio-R-----Hf_4_I1e_____J\4tJnicipal CmtF-t---JuEi-ge-+)f----tlesignee, at -Hte pay ~;tt'i3-i1-UfS-ltilfrt---tB-----c~I-:---h--_Any
ern p I 0 y ee red u c cd to hi ~~/h c r 1'0 I'm er -J:1os-i+i-e-n--{i uri n g 1h c pro mBl-i-tH-1-a-t-flffi-BHttOfl-ary per i od-\Y-i-I__I-----M V€-----flH
fe€our:~e to the griC\llnc-e--twocedure.
-l--1d- Discipline ll-IHI------Discharee -=--= The Department may di:;cipline or dischaFge--un cmployee l-ef----ge-04---eau-se--,
" C u u:;e I , -p.+-1-1e rc b)-- d c fffi-e4----t-e-----l--:1€-i-El-t'Hl-t€a-i---t-<+---t-I-1tH."-Uttse---Bf--eatl-5l"S--.----\-yl-t-i-€-h-----a-R--~t--f*+f_l:1_1-____i_tt_ t:1-tt>---+:'-i--\;.j-f------g€-f-\-cf€e
R--u-I--€-s--ge-vt\fH-i-H~I_flt1ffiy-€-e-s--{."-{were~~v--i-l- S c 1--\' i l'e-:
-l--'7.4------G-i-v i I S e rv ice -------: -+i--le---fl-FH€ e d u r e:; " \ h i clt--w-i-I--I----Be---e-H--1f*ey€El----f-))'4 h c De 1'l-R-ft-fH-e n tin tu I ~ ffig---El-i-se-i-pti-na--ly--ae-H+)fj--- 6f
tll di:;churgffig-an empk)yce of the Depur1m€-H-t--\vho i:; not----e-fl-V-e-retl-- by Civi-l-----~-e-f-v_i_€€_____\>v_H--I-----he----t4ml-te-at-h1
t-A-HSe which me pre~;cribed for 1:l-s-e-fuf--et"H-fooyce:; COVt'ft->-cl--8y-Gi-vil Servi-ee--with the fo-I-I-H-WHtg--€*€€f7ttH-H-S--O
-------------l---U.+----+he De purttt-rett-t----\-'I-:i+I---ftI e u II req mH..'ti--tt1ffiefi-nl~; \.,,-i l h 1 h c-l-J-uffiHH---R e ;;0 u rce-s-----iVl-a-Ha:-:!er in l-i€-\;I---H-H--R€
G~v--i--1- Serv i ce (~-fA€t>f-;
-----------+7-.4.2 A P peal s 0 l' 1h e Departm en t':; dee-i-s-if)fj---w-i--I-l---l'*--fl-rO ce :;:;ed thro ugh the -G-ri-e-v-a-t-1ft'- Pro c e c\-ur-€--Hm 1ai n etI-
i-n-this agreement.
+ M--- ----- LilY 0 ff .:.- Em p 10 yec ~; -suhjee-t---t-o----I-aye-4+-w-i--I-I-----Be-j3ro v i d eel t-h-i rt y (30) eLl I en-Ei-a-r---d-ays--y...-ri Hen no t-i-€eimef--t+l----t-lle
e-fk>€#-ve date or 1aye-4+. Layoff of T'v1-unicipal Court cmpl()yee~; .,vill be Llccompli~;hed hy-----se--Hi-\-wi--t-y----H-BfH----tl--a-te
e-f-I--:tire within the serie:; of classificatio-H-s----gf-mtped LIS t()llo's~~:
Croup 1:
Sen-ior Legal Technician
Lc~al Tcchnician
-------------------------------GFOtJ-f+-2-;-----P-rtHta-t--ltm---(.HH-e-et'
--------- - --------------------------------------------- ---IJe-tat-t-fOfl--SfK.-"e-i-a-I-is-t
------------------- ---Po 5-.1-----i\ny--tK"-W--e-1-ass-i-i-ieai ~(--ltt-\:tstf.t--iH-t1--1e- Dep-(tFtl_tH~ti.-,-\--j~. {'It'-p-l-ace4i-l1-a -st'-rie-s-g-rel--tfl- hyH-H+tUH--l---l-\~'t'-\..--'-l-tK'-I J-t-
1te-1:*€€-fHl'H."'- -l---h-t-1-1-t-a-lt----I~5\ ~Ufce-s-----1\4a-H-ltg€f--H_t1-tl-l+~---l-!-l_ti_t+I_t;---I-~ltfl----t'tH_pJB).L"0--'t_J_'.+I_t€_-- -1-)e1*-1-ttl-tk"-l-1--1-\-\-h-e---.i~
€\W(.-"fetl---h-y----{-+v+l----S~-'f_\___ iee-- -i-s----tH-~)-e-I_a-i--tI---_Hj--J-: --I~-----sefl-i-HF i-i-y-;--h-e-tl-F-- ~he----\;-\---i-j~--.ewrB-i-s-e---t ll€if- .Ftgl-t-t S---tH l-det'----i-t1-e
(,; ivtl&'-f-vtt. e-----lii:v+)~rl)H*'_ethtFes-.
l---'7 ;6-----------{:-i-v-it----Serviee----gntfllftv-e~:-------t;H1-p1fJYt'€-S---t'{l-Y-ereE1---by----(;-i--vil---&f-'it€e- --w-i-1l---l.+e---h--i-FeB~ fl-i-sei-p1 i-tH:.'-4--itHd-4isf.:'h-i-l-Ftx'B
i-tHttnj:f)-ftHa-tt€-e----wi+J:t--~+vi-h~'f-V-it'_t'__RH-le5;
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 30 of 47
ARTICLE 18
DRUG FREE WORK PLACE
18.1 The maintenance of a drug-free work place is essential to the safety and welfare of City employees. The
following provisions will apply to employees covered by this agreement
18.2 Controlled Substances -
18.2.1 The unlawful manufacturing, distributing, dispensing, possessing or using of a controlled substance
or alcohol in the work place is prohibited. Reporting to work under the influence of a controlled
substance or alcohol is prohibited.
18.2.2 As a condition of employment, all employees must notifY their t'kt*1fB-l-1ettl-J-1endD_~D_<JIJm(~I)!
12il:~ctor/DG~isi(2.!lb:11:111i:~ of any criminal drug statute conviction for a violation occurring in the
work place no later than five days after such a conviction. TA'd 12/5/08
18.3 Prescription or Over-the-Counter Drul! Use - The use of prescription and over-the-counter drugs which
compromise safety in the work place or the quality of the employee's work product is prohibited.
18.4 Emplovee Sanctions - It is the responsibility of every employee to be aware of the above provisions and
to abide by them. Failure to observe these provisions could result in immediate disciplinary action against
the employee, up to and including termination. The employee may be required to participate satisfactorily
in an alcohol or drug abuse assistance or rehabilitation program.
18.5 Drul! Abuse Education Prol!ram - The City will utilize all available City resources, such as the Police
Department, to educate employees as to the dangers of drug abuse.
18.6 Confidentiality - The confidentiality of all complaints and reported violations of the provisions of this
policy will be strictly maintained, except as required by public disclosure laws or court orders.
18.7 The parties have agreed to the City of Bremerton Human Resources Policy 3-20-03 "Drug and Alcohol
Policy" for employees required to have a Commercial Driver's License, with an effective date of January 1,
1996. The parties agree that the City of Bremerton Human Resources Policy #3-20-03" Drug and Alcohol
Policy" will apply to employees not required to have a CDL, however, they will not be subject to random
testing.
ARTICLE 19
BUS PASSES
19.1 The City will provide Kitsap Transit bus passes to employees working in the downtown core who request
bus passes. To be eligible to receive such passes, the employee must ride the bus to and from work an
average of three Oltimes a week. The City will establish procedures for the issuance of bus passes to
employees. It shall be understood that an employee issued a bus pass is not eligible to receive free
downtown parking. _J<~\'lU; ~)/( L~
ARTICLE 20
MANAGEMENT RIGHTS
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 I I
Page 3 I of 47
20.1 Subject only to the limitations expressly stated in this agreement, the Union recognizes that the Employer
retains the exclusive right to manage its business including, but not limited to, the right to determine the methods
and means by which its operations are carried on, to direct the work force and to conduct its operations in a safe
and efficient manner...J1~LJ_~i12/Q~
ARTICLE 21
WORK STOPPAGES
21.1 STRlKES/LOCKOUTS PROHIBITED- The City and the Union agree that the public interest requires
eUicient and uninterrupted performance of all City services and to this end pledge their best efforts to avoid
or eliminate any conduct contrary to this objective during the term of this Agreement. Accordingly, it will
be a violation of this Agreement for the City to cause a lockout of its employees or for the Union to call,
encourage, or participate in any strike, sympathy strike, slowdown, or other work stoppage. Employees
engaging in any of the aforementioned activities will be subject to disciplinary actiono .i-!-t-Hl-,-\:'{-,rdHfH:;('-wi+h
{.he-fH+efrBf-t-ht'++v.j.+&~{';fHRmts*}ft: _J~~[QJ.2_!J2/()~
ARTICLE 22
GRIEVANCE PROCEDURE
22.1 Definitions:
22.1.1 Grievance - A grievance is an alleged contract violation, question, or challenge raised by a
bargaining unit employee or the Union as to the correct interpretation or application of this
Agreement by the City. Such allegation, question, or challenge is to be resolved through this
Grievance Procedure.
22.1.2 Disciplinarv Appeals - Bargaining unit employees who have been suspended, demoted or
terminated may appeal their discipline either through the grievance procedure or to the Appeals
Board (Civil Service Commission), but not both.
22.2 Step 1 - An employee or Union representative who believes that a question exists as to the correct
interpretation or application of this agreement will first discuss the action giving rise to the belief with the
immediate supervisor involved within tbiI.1yJJS21J(.1rty tive-HS+-calendar days of the date the action took
place or within tbirty _[,-Ql.R-~fty live -t4H calendar days of the date upon which the employee could
reasonably have been expected to know of such action. The employee will have the right to be assisted by
an authorized Union representative during this discussion if they request one. The time limits above shall
not apply to payroll errors7-.:rA'd 2-)-09
22.3 Step 2 - In the event that the immediate supervisor does not resolve the grievance to the satisfaction of the
employee or the Union within a period of fourteen (14) calendar days at Step 1 of this procedure, the
employee or the Union Representative will reduce the grievance to writing and will state: the section (or
sections) of this agreement which is alleged to have been interpreted or applied incorrectly; an explanation
of the grievance in detail, including dates, actions and such other information needed to understand the
facts and circumstances giving rise to the grievance; and the remedy sought. The employee will have the
right to be assisted by an authorized Union representative in reducing his or her grievance to writing. The
employee or Union representative will present the written grievance to the employee's j)eflHF~tlH:~-Ht
I-lect\.il2~I2!!r!m~ntJ)iL<;Q.l~2J: within fourteen (14) calendar days of the date the employee received the
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 32 01'47
immediate supervisor's response. The f)\:t~itrr1{'IH:-I~e(:td1)~p_~!lJm~I}JJ~iXt.;'\'JQI~ will meet with the employee
and/or the employee's Union Representative within fourteen (14) calendar days after receipt of the written
grievance for the purpose of considering the matter. The 1-~7rH+FHttent--fnk'i:td1.2~-lli!nW~IlU2ir\;~.L()I will reduce
his or her decision to writing and will transmit the decision to the employee and the Union representative
within fourteen (14) calendar days of meeting with the employee and/or the Union representative._L~~ci
12l~il2~
I 22.4 Step 3 - In the event that the !-)€i'}ffil-Hit'ttt--\cI-€-adI2S:1!artmcnLl2i[~9.01 does not resolve the grievance to the
satisfaction of the employee or the Union representative at Step 2 of this procedure, the employee or the
Union representative will transmit a copy of the original grievance along with a copy of the t.>€~'it€t1t
tlCHdl)~rJ.mmell! j2iCc:ctuI's written response to the Human Resources Manager wttt1-a-'H~~+-+I't€---~f
within fourteen (14) calendar days of receipt of the t-kf*trmH:"flt-l--I-eaElDg:>~lrtI11CI1LDir~~J()r's written
response. The Human Resources Manager will consider the grievance and may convene a meeting. The
Human Resources Manager will reduce his or her decision to writing within fourteen (14) calendar days of
receipt ofthe grievance and transmit the decision to the Union. JNQJJ./~~)8
22.5 Step 4 - In the event that the Human Resources Manager does not resolve the grievance at Step 3 of this
procedure, the Union may request arbitration of the issue by written notification to the Human Resources
Manager withitLJhitlyJill calendar dQru2f the Step ] l~ponsc.7 Immediately thereafter, the parties will
petition the Public Employment Relations Commission (PERC) for a list of nine (9) arbitrators._]j:~ ' (L2.:2.:
09
22.6 Powers and Duties of the Arbitrator - It will be the duty of the arbitrator to conduct a hearing on the
issue or issues submitted by the parties for decision. The hearing will be kept informal and private. The
arbitrator will interpret the provisions of this agreement as they apply to the issue or issues submitted for
decision and will not add to, subtract from nor in any way otherwise alter nor recommend the alteration of
the terms and conditions of the agreement in deciding the matter. As soon as is practicable after conducting
the hearing, the arbitrator will render a written decision which will be binding upon the parties.
22.7 Costs of Arbitration - The expenses of the neutral arbitrator will be borne equally by the parties. Each
party will singly bear all costs related to preparing and presenting its own case before the arbitrator,
including costs of witnesses and attorneys. The party desiring a record of the proceedings will bear the cost
of obtaining such record.
22.8 Time Limits - Time limits established in this procedure will be strictly adhered to but may be waived by
mutual agreement of the Union and the City. All procedures contained herein will be complied with as
expeditiously as practicable.
ARTICLE 23
SEVERABILITY
2-.:;.t.. In the event that any provision of this Agreement is held invalid by operation of law or by any tribunal of
competent jurisdiction, or if compliance with or enforcement of any Article should be restrained by such tribunal
pending a final determination as to its validity, the remaining provisions of this Agreement will not be held invalid
and will remain in full force and effect. The Union and the City will immediately meet and attempt to renegotiate
any provision found invalid.
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 33 of47
ARTICLE 24
ENTIRE AGREEMENT
l. I The Union and the City acknowledge that each has had the unlimited right and opportunity to make proposals with
respect to any matter deemed a proper subject for collective bargaining. The results of the exercise of that right are
set forth in this Agreement. Therefore, the City and the Union each voluntarily and unqualifiedly agree to waive
the right to oblige the other party to bargain with respect to any subject or matter not specifically covered by the
Articles of this Agreement during the term of this Agreement, except as mutually agreed upon.
ARTICLE 25
CONFLICTING PROVISIONS
I. I In the event that any provision of this Agreement is found to be in conflict with any other Resolution, Ordinance,
Policy, Regulation or Rule of the City, the provision of this agreement will prevail.
ARTICLE 26
LABOR MANAGEMENT COMMITTEE
26.1
126.2
Labor Mana2ement - The City and the Union agree that a need exists for closer cooperation between
labor and management. To accomplish this objective, the Employer and the Union agree that no more than
five (5) duly authorized representatives of the Union will function as one-half (1/2) of a Labor-
Management Committee, the other half being no more than five (5) certain representatives of the City
named for that purpose. The Committee will meet as necessary for the purpose of discussing and
facilitating the resolution of all problems, which may arise between the parties. The City will provide a
draft of the minutes of the meeting to the Union's Committee members within (2) two weeks of the
meeting. The Committee will be chaired by a member elected by the Committee.
A.mcndmcnts to Agreement - Should the Union and Employer mutually agree to change, add, or delete
any provision of this Agreement, policies or rules, such change will be set forth in writing. TAiL12/5/08
ARTICLE 27
JOB SHARING
27.1
I 27.2
127.3
I 27.4
Job Sharin2 - The parties consider job sharing as a potential viable alternative to full time employment.
Jobs may be shared on an hourly, or daily basis.
.Job Sharing. Leave - All leave for job-sharing employees will be provided on a pro-rated basis.
Insurance benefits premium costs will be determined on a case by case basis; however, the total cost to
the City cannot exceed the cost for a full time employee.
Job Sharing Agreement - Job sharing may only be done by mutual agreement of the employees
affected and +A't*tf1:ffH:~.H+--~k>adl2-cJ8Lt.[nc.lIL12iL~ClOI~ or designee. Vacant full time positions may be
announced as "Job Sharing" only if agreed to by the City and Union.
Hours Worked - All time worked by an employee above the base scheduled hours for the position will
be considered overtime, provided, however, that the combined paid hours for the position exceed forty
(40) in the work week.
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 34 of47
I 27.5 lh'quirl'd Sign-off - Job sharing employees must sign a "Job Sharing Contract" acknowledging their
acceptance of appropriate conditions including the following:
27.5.1 Agn'emrnt Termination hy I~m[lloyc(.'s - Either job sharing employee may request terminating
the contract and returning to full-time employment. Accommodation of this request shall be
subject to the availability of a vacant position. The remaining employee may be required to work
full-time until another "job sharing" employee can be found, and is approved by the Deflitf~ffi
m1.tdpe12.m~tI]KuL!2irectQ.l: or designee.
27.5.2. Ahsrncr of EmploYee - Job sharing employees agree to work full-time during the absence of the
other employee, when requested.
27.5.3 Emplovee Status - Regular status for employees "job sharing" will be achieved upon successful
completion of hours worked equivalent to the duration of the probationary period for the
classification.
27.5.4. Step Increast.~s - Step increases for "job sharing" employees shall be granted in the same
manner as full-time employees on an equivalent basis.
27.5.5 Other Conditions - Other conditions as may be considered necessary by the PepafttfH...>ffi
t-~eatiD_i.?l1i!rJJll9Jlt Dire~to!: or designee may be made part of the job sharing contract. Provided,
however, that they do not alter any terms of this Labor Agreement,-et'-lhe-<=:~v.il~'-t'-Vj~e.-l{uj.l.:."S-;
27.5.6. Agrrement Termination hv Dt.'partment - The job sharing contract may be terminated at the
discretion of the Departll1t.'-t~.j.~-eatiDcp-'!xtlllcrl.Lj)i redQI or designee-Ht-i.~-'BfEiafl€e.-wtift-+R-e
Gj.yf~vtt'e-R-H.j.e-s .
27.5.7.27.5.7. .Work Schedule/Insurance Benefits - The negotiated job sharing contract will indicate
the base schedule to be worked by each employee and the distribution of insurance benefits
premium costs.
l:L\'d
ARTICLE 28
TEMPORARY ASSIGNMENT AND SPECIAL ASSIGNMENT
28.1 Temporary Assignment - An employee covered by this Agreement may be temporarily assigned the
duties and responsibilities of a position which has a higher pay classification than his/her regularly
assigned classification in which the incumbent employee is absent due to an extended illness, leave of
absence or other extenuating circumstances, An employee who is temporarUy assigned to such a position
shall be compensated at five percent (5%) above his/her current ha;;c _pay rate n.!us-.JQ!}~evjty'jJ
;Jppli<::ablc: or the first step of the higher pay rate, whichever is greater. In no case shall an employee be
paid more than the top pay step of the higher classification or serve in a temporary assignment for more
than one (1) year. A temporary assignment may be extended one (1) time, on a case-by-case basis, for up
to a maximum of six (6) months at the discretion of the Department Director. Such extension shall
require the concurrence of the Human Resources~1ill.l~~~r..J).~fe€ft-lf and the Union. It shall be
understood that compensation at the higher pay rate shall be effective after the completion of forty (40)
consecutive hours in the temporary assignment. The first forty (40) hours of the temporary assignment
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 3501'47
shall be paid at the employee's regular 11~!se_Jate of pay_~}b!!:i_jQLlg~yithjUllilLL~~lb1e. Temporary
Assignment will not affect an employee's anniversary date for step advancement purposes. TA '(!
12/5/08
28.2 Special Assignment - An employee covered by this agreement may be placed in a special assignment,
rather than being permanently reclassified to a higher level to allow for employee rotation, to enhance
upward mobility, or for special projects for a period of one (1) calendar year or less. A Special
Assignment may be extended one (1) time, on a case-by-case basis, for up to a maximum of six (6)
months at the discretion of the Department Director. Such extension shall require the concurrence of the
Human Resources Manager and the Union. O-:-(J-\:l--(luk'tl--&L;-l4&)--Special Assignments shall not to be
used for staffing shortages. Compensation for Special Assignments may be granted up to a maximum of
ten percent 10% above what the current hase_rate of pay l2lus 10ngevi1YiL~U2P!ic'lblc is for the employee
and requires the approval of the Human Resources Manager. Special Assignment will not affect an
employee's anniversary date for step advancement purposes.
ARTICLE 29
WASTEWATER TREATMENT PLANT - EMPLOYEES
2.~LL __L JE~~t i ~~Jl:l_IJ.IJac~_L_:;_~2Q9 _-,--'111 v c e 11 i tl~<!0S_~15J2~l..QD_(L~ m~JllJ eve] (~b.<}_~:s;__lhc__\2 e niDs:~l i 0 llJ:f<lLL~ (~U~! ub_c:
~1l1J2LQyc.s:J-,L~J:rQ1I!lJ}js/hcr igh wi] I not rcsl:llti[L~!Dld~jti_Q@Ll:iQJj~~n-,-,,-~-,li tTq~~ntiaUQr.)9_:2. 29 J and 29.4
IldQ.~LJ.:bj s 121"0 v i si 0 Il.s h~~lL_m!l ap p I )'_1~LS:Jlll2~)EC s YV IJ ll__<l r~_~IJTC !J!Ly.J:_~c c i v i J}R.!n u IlipJS'J i ce D.i.C2.i:UDc rcn1!,ll
Ull}Q_~l.!JI s as _uL12/3 1 ! 08; ho wey'\o'[,j; ccp i n f2: I i c~~iugs.lUTCJ1_L~lliilll)~J11c r~_~.mm::; i hi 111)::J) t' thS c mJlli)l~ec. '-!Dd
~}Q!:.lld aJlY license ]a@e. any ditTerenlial Cor SUcJlliceJ1'?c s]lilllDQJongcl~-,--J^ '(L2:]_-O~~
29.~-1- WWTP Operator I .!s License Differential - WWTP Operator 1-~mJ2l0YCCS~ that are required by the
employer and/or choose to have a Washington State Operator's License above Group II will receive Fifty
Dollars ($50.00) per month for each current certificate above Group II.
f.2Jl:a _ W WT? Ope ratOl:J1Jiccn se ~i [Terentia] -- WWTf12pcrator Jr s that are-XQ9.uircd llLthc emplc2Ycr tQ have
~.w.~l.shilJill(m State ()12erator'~ Licensc.abQve a Group m.L~_Lfu~ceive fifty Dollars ($50Jllilp-~LlJlqnll1liu:
each certiticate above Group [II.
29..12 WWTP Operations Supervisor License Differential - WWTP Operation Supervisor's that have a
Washington State Operator's license above Group III, will receive Fifty Dollars ($50.00) per month for
each certification above Group III.
29.5J WWTP Operator-in-Chan?:e Differential - When the employer designates a WWTP Operator-in-Charge
for a minimum of one full shift, they will receive a five (5%) percent differential applied to their base
hourly pay for each shift so assigned.
29.4 WWTP Maintenance Technician Me€h-aflK'-in-Charee Differential - When the employer designates a
WWTP Maintenance J~_~Il!li~_u.1D_P.4effiR-R-i-€-in-Charge for a minimum of one full shift, they will receive a
five (5%) percent differential applied to their base hourly pay n:ijc mll~JQD-~.Yl1yJCi:mJ2lj_g~t~le.Jor each shift
so assigned.J"/Lcl
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I. 2009 through December 31, 20 II
Page 36 of47
29.5 WWTP Operator Trainee -'Training r--fH-l-)-a-ti{)-Hil-FY Period - The ltI~i!lillgj:H+>l'-)ati-e-H-HFY period shall be
not less than six (6) months and no more than eighteen (18) months, contingent upon when employee
obtains the requiredW-W~I~P-4--)p"'f{HfW:--s--license. _J /\:"-.1
29.6 Promoted Emplovees - If between 1\'-\>)\ ~:j12Js-~;'\:-{?}-) and eighteen (18) months the employee does not
qualify for WWTP Operator they will be returned to the class they previously held, provided they held such
class in a non-probationary status. LbjJ
29.7 WWTP Maintenance Tcclmician Trainee J\lev. Hires - -I-f--be-tweett----st*-{#--ttt1&--eighteen H-&t-fBBR-t-h-s-tlte
eHl:f3-lByee---ooe~; n6t --q-tffi~itY--4(*-WW+IL.(}fle-ffiffif-r--tRe----e_ffl_l7leye_e__-sha-I-l-Be--t-et.nl-tHate4lL[lQ!:L!i lice C ~_s ful
gomp I cti l!..ll_i2LW:0. bati (m..JJ~ w WII)_.J\1rrj_Ilten~mcc_Icc un i c i alLIrui nee ....ib;!LLbl?_.r1~lll00.L!k~L_~1s.__~: WJY
Maintenance Tcc_UIJich~T{\' d 2c:).:,09
ARTICLE 30
TEAMSTERS SUPPLEMENTAL PENSION PLAN
The City agrees to allow the bargaining unit employees the opportunity to voluntarily participate in the Teamsters
Supplemental Pension Plan. It shall be understood that participation in this plan shall be strictly voluntary and that
100% of the cost of participation shall be the sole responsibility of the employee.
ARTICLE 31
DOWNTOWN PARKING
The City shall provide free parking for all bargaining unit members who are assigned to work on a regular basis in
the downtown area.
ARTICLE 32
AUTOMATIC PROMOTION FROM PLANNER I TO PLANNER II AFTER
THREE (3) YEARS
Employees hired as Planner I who successfully complete three (3) years of employment with the City as a Planner
I, upon reaching their third (3rd) year anniversary date, will be automatically promoted to Planner II without GWt-l-
&rv-iB~ testing as long as his/her 3rd year annual evaluation reflects a "Meets Expectations" or higher rating. If a
Planner I fail~ to receive their 3rd year annual evaluation in a timely manner, it shall be assumed that their
performance "Meets Expectations" and they will be promoted to Planner II. Thi~; ~;hu] I apply --re-l:'ffi-aet-t-vety-t&--aHj
etfl-ployee in u Planner I cla:;~;i Ilcation as of the date -BH-a-t-f-4:1cation of this c-etl-t-ffi€-t-:- This does not preclude the City
from promoting a Planner I to a Planner II position through the normal Civil Servie-e-promotional testing process
prior to reaching his/her 3rd year anniversary. 11~_i!
A-R+ICLE 33
TERM
~ -+fH-s--Agreem eRt-w-il+~€Bffie--e-fteBt-i-v-ecHi*)f-1:--JafltnH-j--+,;64(}t}-BHd-wi--l-l--Fem-affi---in.-effet"'Hhfftl:l-<t:>--h-f}e€OO*>f-J.l, 200&-:
-A-l-l--fec~-t&-am€fla,t**I--i--J:y-:ef--'te-rn-H-H-ate-tJ:H-s--Ag-reem-e+1-k-vH+req-u-tl'e-ei--t-Rer--}3a-t4y-te--ffie-WA-Hetl--flBHre-ltf7Bfl--Hte
l*AeF-at--l-easH)fle---hllitElre4-t..4t4tty--H--&O)-tlay~i-Br-t-H-Decem be r 31 , ~)-8-;- ~h!~~ cd Jt!_~mLQL~:_(l.nttJt~t
ARTICLE 314
DISCIPLINE
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 37 of 47
334.1 Coordination of Discipline - Prior to the imposition of any discipline or discharge of a regular employee,
the Department will coordinate the action contemplated with the Human Resources Manager and City
Attorney's office to ensure that the proper procedures are followed.
334.2 +'-V--J!l~".Just Cause" Discipline - Discipline shall be imposed for just cause.
34.3.1 Types of Discipline - The Department Director or Division Manager (except for termination of
employment which can only be imposed by the Department Director) may administer the following types
of discipline provided, however, the following list shall not be construed to set forth any necessary
sequence of progressive discipline and does not limit alternative methods/forms of discipline:
J_~,~.'~IJA:J_:2~J
34.3.2 Written reprimand.
34.3.3 Suspension without pay not to exceed thirty (30) days.
34.3.4 An alternative for suspension without pay may be a:
a. Reduction in Step for a specified period of time, not to exceed an amount equivalent to five
(5) days suspension.
b. Reduction of accrued vacation leave by a specific number of hours, not to exceed five (5)
days suspension.
34.3.4 Demotion
a. Demotion of a regular employee to a lower position for just cause may be made by the
Department Director or Division Manager. If it is proposed that the employee be
transferred to another department, the receiving Department Director must give approval.
b. A regular employee so demoted shall lose all rights to a position in the higher class, and
shall not, in the event of a layoff or reduction, be placed on a layoff reinstatement register
for the higher class.
c. ^ demoted cmplovec's rate of pay shall bc reduc~Q.J2y IOo/(J, Iran employec's pavratc.J:1Jt<":I
the 1 0(10 reduction is greater than the top step 0 f the p()sitiQ!lJQ-2~:l1iS::JJJ~_V\-.:c;i~ dCI1l~~1e(l
1J 1 C n h j ~hCLJ2'!Y__nlt;;_\~jJJJ2.e_li'o zeI1- un ( iL.., u c h t im C 1 h aLlb..e_ tOI2..it~IL9~1C.lli?~_Vll__ (gJli~LllfJ
Q~Q.J':~lLllg.LD] (C-'-
b.xj~MfLL _!\.I1._QJli.~~_j\~~i~.t;:lllL ).l~1} L(~L i-,'i..~911 (2.(~~Ll(2J!!LQlll C~1,<;.'ii~1~ntJ1L(Qii.1Ul.j~~';..,-![l
Qm<;~.l.\ ::;,,,_ i01;:m L5c n i.(.) I~_L() !\S.U~ Hl.c:...l~lll pJ () y ef:~. r~ll(?_QJ-12!L~ ._~.\ as j; 2.1n.0~_WlJ~_1l ~L(;JJ1~)(e:;.cLt()0:::\
HLtJl c SlllDJi2)'CC . ~..u!.t<,;...J,)_LJ]~!:: j ~--,--<;_~Ltl~~cl J1:Ll() oi;!._l()___ $2J .:.3.2 ,_~wj.c:J1__c:\ !:'.~.c.(bJh~.J(m ..." J ~.P._ 0.1-
$JJLi"l.9...iJJ__ t h ('Dl~JI Ln;lybllll~Ln!c;._fml!J.c2y(,--c...\.\jILrt;[llLli.n.llLS2J, ~_~---'Jll~ i.l. -'''lLt:[l.tillJi;' ;:l.~__lh <;J (lJl
~~ (c P () f Q-,--~JJ ex ccc_ct'i.J.o.illJl QL_U.l v __I]ll~~~
COLLECTIVE BARGAINING AGREEMENT
City of Br~m~rton and T~amsters #589
January I, 2009 through December 31. 20 II
Page 38 of47
34.3.5 Termination.
34.4 PRE-DISCIPLINARY HEARING
34.4.1 Prior to imposition of any discipline~lt).(l~t,;,;L~'LiU~rUSI;l)Jj-1}l~.lQ~I, a pre-disciplinary hearing shall be
held within five (5) working days from the date the employee was advised of the proposed
discipline to betaken. The regular employee shall be given an opportunity to respond to the
charges, orally and/or in writing, as to why the department's proposed action should not be taken,
and the date and time of the pre-disciplinary hearing. .J'^ 'Q
34.4.2 The Department Director/Division Manager (as applicable) shall conduct the hearing. The
employee may have legal counsel, ;Lunion representative, and/or witnesses present at the pre-
disciplinary hearing. The employee does not have the right to confront or cross examine
witnesses of the City; however, he/she may ask questions at the discretion of the Department
I) j 1:~S;j5.l!:tO i ~_L~_t(m,M;Dlng~L ~~feBtI. ~ l>~~l
34.4.3 The Department Director/Division Manager shall present an explanation of the evidence at the
pre-disciplinary hearing, which shall be sufficient to apprise the employee of the basis for the
proposed action.
34.4.4 Within five (5) working days of the hearing, the Department Director/Division Manager shall
advise the employee, in writing, of the outcome of the pre-disciplinary hearing, and the discipline
to be imposed.
34.5 DISCIPLINARY APPEALS
34.5.1 Employees who have been demoted or whose employment has been suspended or terminated may
appeal either through the grievance procedure or to the Appeals Board (Civil Service Commission),
but not both.
34.5.2 If an employee elects to use the grievance procedure for hislher appeal, it will begin at Step 3 of the
grievance procedure.
34.5.3 An employee who is issued a Written Reprimand shall be given the opportunity to have a letter of
rebuttal attached to the charging document in response to the discipline taken. Such letter shall be
filed with Human Resources within fourteen (14) calendar days of issuance of the discipline.
/~glsS's:LL~~__sJ(l~.:...\~i tbJ,;,CL
ARTICLE 31S
SENIORITY
Seniority shall be determined based upon years of continuous service within the bargaining unit. However, all
seniority shall be lost after 18 months in layoff status, or upon leaving the bargaining unit for any other reason
(e.g. resignation, termination or acceptance of a non-bargaining unit position). If a City employee is laid off and
hired back into a bargaining unit position within eighteen (18) calendar months of layoft~ then that employee
shall have all previously earned bargaining unit seniority restored.
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January 1,2009 through December 31, 20 I I
Page 39 of 47
ARTICLE 3~6
LA YOFFS/RECALLS
36.1 R(~ductions in Forcc (R.I.F.) Should the City decide to reduce the work force, layoffs (Het~.t-t-e-tiHfh-itl
~-12-fR-l-lLj--) shall be made as follows:
:"-\-:- ,l0~J..L By Classification and by Division.
1.0...) .,2. By Seniority: The City will provide at least thirty (30) days notice to the affected employees.
The affected employees shall be the least senior employees irUh~lLGI(l~~jnl.:_(l.t.i~~IJwithin the division. Any
temporary/probationary employee jllthaLl:G],'i~jlJ~.(l.lj()l!will be laid off prior to any regular employee
being laid off..J)fLN
.__J 6. 1 .3 In th e e \ en t t \V 0 (2..2- c mpJ~~~jLull~-,'?lI.Ln l~ .t:;1!c'iBE.l:.;)1i\ill...tli~~.JJl~...5.<:lI.!ll,'.~~.n i<.~~tb~.~L(l~'oc'i.i;D j S.lIj ty
",viII be determined Qy,.gQU1g. b,!ckJQ the original hirinQ r~iSler fro.!lL}ilii5Lh~.b~~L~'::'~I~J:UJ~~L._'1IliLlb~
employee with the highest overall score shall be considered to have tbe higher senloritvc....L~\.iL
36.2 Layoff Procedure. Employees who received R.LF. notices and were not placed in positions pursuant to
this Collective Bargaining Agreement shall receive notice of layoff twenty (20) working days prior to the
effective date of the layoff.
~(2.:2JA.-.-All temporary and probationary employees in the same layoff classiCJS:J!!!.0.!LUFttt shall be
laid off first._L~:9.2_:1:.Q.2
36.3 Bumpin2 Options Of Employecs Affected Bv Reduction In Force - Employees receIvmg R.LF.
notices shall be offered these options which may be available within the bargaining unit, and will be
given reasonable time to consider these options:
36.3,JA.-A transfer to a vacant position within the same city-wide classification (e.g. Office
Assistant Senior) and with no reduction in pay.
36.3.2 1\ transfer to a vacant position in the s;unc or lesser pay uracil: 1'01' \\ hi~h.lbc ~D12ls)l"'-~
meets the minimum regillrements and can obtain the necessary certilieation with.!.!l.5ix JJil
rnonths-,- TA'd 2-3-09
36.3.3B. The right to bump the least senior occupant in a classification in the same pay range in the
department, whether or not the employee holds previous status, provided he/she meets the
minimum qualifications, has greater seniority, and can perform the full range of duties of the
position with a brief orientation or familiarization period (up to 45 calendar days).
.3..6.:1:.4(;. The right to bump the least senior occupant in a lower classification in the bargaining unit
or division, whether or not the employee holds previous status, provided he/she meets the
minimum qualifieations and has greater seniority. Bumping permitted by }.()",-,1~__'llJ.tLJ().1)
j7Hfit~ffif+Its----l-3-.flttt4--'(; above to positions not previously held shall be made without examination,
but a six (6) month probationary period shall be mandatory. Such probationary period shall only
be based upon ability to perform the essential functions and duties of the position. If employee is
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 3 I, 20 II
Page 40 of 47
not able to perform the essential functions and duties of the position, then they will be laid off
and placed on the lay-off register. Bumping to positions previously held shall be allowed without
examination or a probationary period._.J~:\~.~!
36.3.sr). The right to bump the least senior occupant in a lower classification in a division that the
employee had previously transferred or promoted out of..h---Seniority for the purposes of this
provision shall be that seniority credit the employee had at the time he or she transferred out of
the position. The right to bump into a lower classification or equivalent if the job title has been
changed since he/she transferred out of the position but the job duties have remained essentially
the same, shall terminate two (2) years after the transfer out of the bargaining unit.
I 36.4 In addition, an employee receiving a R.I.F. notice may apply for any currently available promotional
opportunities, subject to meeting the minimum requirements for any position for which they are
applying.
.3.0-,--1-,-LLIl.lD CD en t -1Q<;Je m:~DQ..MLtilJl~ J2QiLti S~I}-,~-'l~JlU a 11 I c I ~~Lt.c.2.l!lill:...(~n:illJY1S c s v, 11i~re cej~' c <!~\LE
D.01S; e t 1.)..J2111ll pin to, the Y ,,,,'j II 1-?~..J2e rmilt~ci1<.211u nmJ n to -11 a rt.:.!lnWJ~nlllQI9.D'._QL~C a S,QD aLno 0Jl.Ql]il~~r
which tb.~.Y qllali~
36.4.2 Probatjollat~TI12loyees who !"9..l:..cive a RIF notice will be peJJnitte_ciJSL.bu!lliLiD1.0___pmJ:lim~
tClllporaQ01' seasoll'lL129sitiollS for whjch they qualify..
I 36.5
Placement of Laid - off Emplovees on Lavoff Re2:ister - The names of regular employees ~md tho..~.Q
~l.1ll2LQj'ees covered un(~r )6.4.2 above. who have been laid off shall be placed on a layoff register rated
by seniority (the most senior by classification or division).
36.5.1 Layoff registers shall be maintained by the Human Resources Department in coordination with
the Union
36.5.2 An employee's name shall remain on the register for 18 months from the date oflayoff.
36.5.3 An employee who has bumped to a lower position shall be reinstated to his/her former position,
provided a vacancy occurs within the 18 month period.
36.5.4 An employee's name shall be removed for any of the following reasons:
3..Q".5.-LIA Inability to contact the employee by certified mail at the employee's last known
address.
10-,.:'iA,-2)c~: Rejection by the employee of an offer to return to a vacancy m the job
classification or division held previous to layoff.
]().2,:'L1:/> A written statement by the employee that he/she has no further interest m
returning to City of Bremerton employment.
TA'd J6.5..4.1 thru 5.4.3
36.6 Recall From Layoff.
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 41 of47
36.6.1 Upon notification by the Human Resources Department that a vacancy exists, the affected
department director shall contact the most senior candidate from the appropriate layoff register
and offer him/her the position. If the most senior candidate rejects the position, then the next
senior candidate shall be offered the position, and so on. The City shall notify the Union of any
recalled employee.
36.6.2 In the event the appropriate register is exhausted, an employee on another layoff register shall be
recalled to a classification vacancy, provided that either the employee meets the minimum
qualifications or the special qualifications, training, or skill required for the position can be
obtained through a short orientation or familiarization period of up to forty-five (45) calendar
days, and provided the employee makes written application for the vacancy. In no event shall
any employee be recalled into a classification higher than that from which he/she was laid off.
Such employee shall be subject to a probationary period in the new position subject to section
37.6.1.
36.6.2.1 The Human Resources Department shall exhaust the appropriate layoff register before
opening the position to new hires.
36.6.2.2 An employee recalled will be required to pass a physical exam, if required for the
position, in order to determine if he/she is physically able to perform the essential
functions and responsibilities of the position.
36.7 Reinstatement. An employee who is laid off may be reinstated to a vacancy within 18 months
of layoff without competition. Such employees shall be credited with:
)6.7ji\. Seniority and step increase dates adjusted for the time laid off shall be
subject to section 36.8 C;
36.7-,-2 th----- The previous rate of sick leave and vacation accrual based on years of
service as of the time of layoff;
36.7.3C.
Reinstatement of previous sick leave accrual balances.
J_6.7.4f* Regular status only if reinstatement is to the same division from which
layoff occurred and if regular status had been previously attained;
36).~~~-._-------.--Benefits in accordance with any restrictions or waiting period imposed by
plan documents. (Medical/Dental/Life).
36.7.(J-! Any employee who is reinstated from a layoff register to a classification or division not
previously held shall be:
36.7.6.1 Required to serve a three (3) month probationary period. A reinstated employee
who fails to complete the probationary period shall be returned to the layoff
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 I I
Page 42 of 47
register for the remainder of the 18 month period established by the date of the
original layoff;
36.7.6.2 Given new seniority and increment dates for pay purposes (i.e. longevity, annual
step increases);
36.7.6.3 Given the previous sick leave accrual balances.
36.7.6.4 Given benefits in accordance with any restrictions or waiting period imposed by
the plan documents. (Medical/Dental/Life).
Y).R Recall Notification.
f>-;J6.8.6 Laid-off employees shall be carried by the City on a lay-off register for a
period of 18 months, and shall be notified of any openings for which they are eligible.
Eligible, for purposes of this Article, shall mean that the employee has previously held
regular status in the classification and has not been demoted from the classification. No
vacancies shall be posted, advertised or filled while there is an eligible employee on the
lay-off list. An employee on the lay-off list may refuse to return to a lesser position than
that from which they were laid-off without loss of all recall rights. An employee may not
refuse to return to the classification from which they were laid off without loss of all recall
rights.
f.-~J()-,-~? A recalled employee shall return on the date and time set by the City,
which in no event shall be sooner than two (2) weeks from the time the employee was
mailed a notice or recall to the last known address of the employee, unless by mutual
consent to an earlier starting date. No temporary employees shall be hired to do bargaining
unit work by the department while any regular employees are in lay-off status.
~)-;J6.8.8 Employees rehired from the lay-off list shall not suffer any loss of
seniority or benefits as a result of lay-off, but shall not accrue seniority, wages, or benefits
during lay-off.
36.8.9 The lay-off or recall from lay-off procedures set forth above will be administered in a
manner that does not unfairly discriminate against any individual employee.
ARTICLE 36'7
PROMOTION
37.1 Procedure - Should a position vacancy occur, as determined by the City, the City shall be required to
consider, but not necessarily select, candidates for promotion from within the bargaining unit before
selecting employees from outside the bargaining unit. In any event, the City may select the applicant
who, in the City's opinion, is the best qualified for any position opening in the bargaining unit, or from
any source whatsoever. Vacancies will be posted internally for no less than fifteen (15) calendar days.
37.1.2 A bargaining unit employee who is promoted shall be placed at the closest step in the new range
that provides at least a five percent (5%) increase in salary and does not exceed the maximum of
the pay range.__J:::\~(!
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 2011
Page 43 of 47
37.1.3 The promotional probationary period shall be six (6) months.
37.2 Failure to Complete Probation - The promotional probationary employee who fails to successfully
complete probation shall be demoted to the lower position from which he/she was promoted. Such
determination shall be made at the sole discretion of the City and the reasons shall not necessarily
constitute just cause.
ARTICLE 318
EMPLOYMENT GUIDELINES
38.1 General Guidelines for Employment
38.1.1 Non-discrimination - The City shall not discriminate against any City employee or any applicant
for employment on the basis of race, religion, color, national origin, gender, age, sexual
orientation or disability
38.1.2 Basis of Emplovment - All employment with the City shall be based on merit, knowledge, skill,
ability qualification and moral fitness as evidenced by:
A-:.:L~.~L2-,-LEducation, training and experience as reflected by the application form resume' and
other documentation of certification, registration, etc.
g.-:18...o..L2.2 Written and/or performance tests (when applicable).
(;,38.1.,1.3 After a conditional offer of employment is made, pre-employment physical and drug
testing (if applicable to the position) shall be required to determine whether the individual can
effectively perform the essential functions and responsibilities of the position for which they are
being considered with or without reasonable accommodation. Such physical examination shall
be performed by a city-designated physician and laboratory and paid for by the City.
.D,.,1~:L2-,-.':LBackground investigation including criminal history, credential/degree verification
and reference checks as allowed by law.
38.2 Nepotism
38.2.1 Immediate Family Members - It is the City's policy that immediate family members of City
employees will not be hired if:
A;J8.2. LLOne member would have the authority or be in a position to supervise, hire, remove or
discipline the other; or
f-h,1.82.J.2.0ne member would be responsible for auditing or evaluating the work of the other; or
(').8..2....LLOther circumstances exist, which would place the relatives in a situation of actual or
reasonably foreseeable conflict between the City's interest and their own._J_1_'~1
COLLECTIVE BARGAINING AGREEMENT
City uf Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 44 of 47
38.2.2 No Preference for Family Vlcmhcrs - The City conducts open and competItIve hiring
processes. Preference will not be given to candidates who are immediate family members.
38.2.3 Immediate family for purposes of this Article shall be defined as: Spouse, child, brother, sister,
parents, grandparents, step relations, in-laws, dependents and anyone residing in the employee's
household.
38.2.4 Relationship Occurring During Employment - When a relationship, as defined under immediate
family in this Article occurs during employment, the two (2) affected employees may remain in
their current positions provided they are not in conflict with the restrictions identified in this
Article. If a conflict is created by the relationship, the City will attempt to arrange a transfer or
change in position. If a suitable transfer/change in position is not available, one of the employees
will be separated from City service. Every attempt will be made to effect transfer or separation on
the basis of agreement between the employees involved and the City. If a mutual agreement is
unattainable, the Mayor will determine, in the City's best interest, the employee to be transferred or
separated.
38.3 Vacancy Announcements - The City shall post announcement notices of position vacancies in the local
newspaper, on City internal and external web sites, in all City departments and an electronic copy to the
Union on the date the position is posted on the City's web sites.
38.4 Examinations or Testing - Appointments shall be made according to skill, ability, qualification, merit
and fitness, which shall be ascertained by examinations conducted under the guidance of the Human
Resources division.
38.4.1 Examinations may be assembled or non-assembled, and may include written, oral, physical
tests, performance tests, interviews, ratings, training, experience, computer-based examinations,
criteria rating forms, or any combination of these.
38.5 Promotions
38.5.1 The City shall make a reasonable effort to offer promotional opportunities to current employees
when possible.
38.5.2 Promotional po stings shall be placed on the City's internal web site and copies sent to all
departments for posting on the Union bulletin boards, to the Union and shop stewards.
38.5.2 Current bargaining unit employees who successfully complete the examination/testing process
for promotion will have seven and one half percent (7.5%) of their PASSING score added to their
final score.
38.5.3 Human Resources will develop a policy for rating candidates for promotional opportunities.
38.5.4 If the Department Director in the department where a vacancy exists proposes to fill such
position through the promotional process, he/she shall have the sole discretion to determine
whether or not to consider transfer requests for the position from other bargaining unit employees
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January 1, 2009 through December 31, 2011
Page 45 of 47
in the same classification as the position vacancy. Such decision will be included In the
promotional announcement.
ARTICLE 3~9
UNION BULLETIN BOARDS
39.1 With the elimination of Civil Service for bargaining unit employees, the former Civil Service
Bulletin Boards shall be designated as Union bulletin boards.
39.2 Union Bulletin Boards shall be used exclusively to post Union notices of meetings, social events,
job postings and other related union business. It shall be the responsibility of the shop stewards to
monitor the bulletin boards to ensure they are being utilized for those purposes only.
ARTICLE 3940
SERVICE
OTHER ISSUES RELATING TO CONVERSION FROM CIVIL
The City and the Union agree that any issue that arises in relation to the conversion from Civil Service until a
successor contract is ratified by both parties, shall be addressed in Joint Labor Management Committee
meetings.
ARTICLE 40 ' ..
. TERM
This..8l2,I:eC!!1cnt will becoITlufJe<;.tive upon JaJ}uarD-'. 20Q2 an<i wilLJemain in effect throllghJ2~(:s:mbcL1L_20 1 L
_/\IU~lcsts to amend, modify or terminate this Agrc.fmcnL will ~.m-!ire citber party to file written n9ticc upon t.he
other at least one hundred eighty (180) days priOl:.1Q)kccmber J 1.20 1.L
This agreement is hereby submitted to the Bremerton City Council by the City representative and the Union
representative for the Council's consideration and approval. Upon approval, this agreement will become binding
upon the City, the Union and all of the employees in the bargaining unit covered by this agreement.
APPROVED by the Bremerton City Council on the ....___~lli day of __ ::W_Q~U~.1~.
I Signed this
day of
, 20ql)~4(.J.6
FOR THE CITY OF BREMERTON
#589:
FOR GENERAL TEAMSTERS LOCAL UNION
Carol S. Conley, Human Resources Manager
Kenneth P. Troup, Business Representative
COLLECTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 3 I, 20 I I
Page 46 of 47
By
Honorable Cary Bozeman, Mayor
Approved as to Form:
Attest:
Roger Lubovich, City Attorney
Carol Etgcn, .J!.l.tttIa-JOOnsffin, City Clerk
COLLE:CTIVE BARGAINING AGREEMENT
City of Bremerton and Teamsters #589
January I, 2009 through December 31, 20 II
Page 47 of47
APPENDIX A
TEAMSTERS 2009
EFFECTIVE JANUARY 1, 2009
5.00% COLA
12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos.
Hours Worked Per Year: 2088 ~ Step B Stell C Step 0 Stell E Stell F Step G
Grade 4 Annual 31,696 32,531 33,304 34,222 35,162 36,060 37,020
Parks Laborer Monthly 2,641 2,711 . 2,775 2,852 . 2,930 3,005 3,085
Semi-Monthly 1,321 1,356 1.388 1 ,426 1 ,465 1,503 1,543
Hourly 1518 15.58 15,95 16,39 16,84 17,27 17,73
OT Hourly 22,77. 2337 23,93 24.59 25.26 2591 26,60
+Longevity Base +1 % 15,33 15,74 16,11 16,55 17.01 17.44 17.91
,Base +2% 1548 ; 15,89 . 16.27 16.72 17.18 17.62 18.08
Base +3% 15.64 ; 16,05 : 16.43 16.88 ' 17.35 17.79 18.26
Base +4% 15.79 16.20 : 16.59 17.05 17.51 17.96 18.44
Grade 5 Annual 33,304 34.222 35,162 36,060 37,020 37,981 39,046
Office Assistant I Monthly 2,775 2,852 2,930 3,005 3,085 3,165 3,254
. Semi-Monthly. 1,388 1,426 1 ,465 1,503 1,543 1,583 1,627
Hourly 15.95 '. 16.39 16.84 17.27 17.73 18.19 18.70
.OT Hourly 23.93. 24.59 25.26 25.91 . 26.60 27.29 28.05
+Longevity Base +1 % 16.11 16,55 17.01 17.44 ; 17.91 18.37 18.89
Base +2% 16.27 . 16,72 17.18 17.62 18,08 18.55 19.07
: Base +3% 16.43 16.88 . 17.35 17.79 18.26 16.74 19,26
Base +4% 1659 . 17,05 17.51 . 17.96 , 18.44 18.92 19.45
i
Grade 6 :Annual 35,162 : 36,060 37,020 37,981 . 39,046 40,048 41.154
Office Assistant II Monthly 2.930 3,005 . 3,085 3,165 3,254 3,337 3,430
Semi-Monthly 1 ,465 1,503 1,543 1.583 1,627 1,669 1,715
Hourly 16.84 17,27 17.73 18.19 . 16.70 19.16 19.71
: OT Hourly 25.26 25.91 26.60 27.29 . 26.05 28.77 29.57
>!-Longevity Base >!-1 % 17.01 17.44 17.91 18.37 : 18.89 19.37 19.91
Base +2% 17.16 17.62 18.08 18.55 19.07 19.56 20.10
Base +3% 1735 1779 18.26 18.74 1926 19.76 20.30
Base +4% 17.51 . 17.96 18.44 18.92 19.45 19.95 20.50
Grade 7 Annual 37.020 . 37,981 39,046 40,048 41,154 42,219 43,326
Customer Service Representative . Monthly 3,065 3,165 3,254 3,337 3,430 3,518 3,611
Evidence Prop. Contr. Spec. : Semi-Monthly 1,543 1,583 1,627 1,669 . 1,715 1,759 1,806
Office Assistant III . Hourly 17.73 ; 18.19 16.70 19.18 19.71 20.22 20.75
Police Records Specialist I ; OT Hourly 26.60 ) 27,29 r 26.05 28.77 ; 29.57 30.33 31.13
'Base +1% 17.91 . 18.37 : 18.89 19.37 19.91 20.42 20.96
, Base +2% 18.08 18.55 19.07 19.56 . 20.10 20.62 21.17
Base +3% 18,26 18.74 19,26 19.76 20.30 20.83 21.37
Base +4% 18.44 ' 18,92 19.45 ' 19.95 : 20.50 21.03 2158
Grade 8 Annual 39,046 ' 40,048 41.154 , 42,219 . 43,326 . 44,537 45,727
Accounting Assistant II Monthly 3,254 . 3,337 3,430 3.518 ; 3,611 3,711 3,811
. Lead Evidence Prop. Contr. Spec. Semi-Monthly 1,627 . 1,669 1,715 1,759 .' 1,806 1,856 1,906
Legal Technician Hourly 1870. 19.18 . 19.71 20.22 20.75 21.33 21.90
Mechanic's Helper OT Hourly 28.05 2877 29.57 30.33 31.13 32.00 32.85
Office Assistant Senior Base +1 % 18.89, 1937 1991 20.42 20.96 21.54 22.12
Recreation Prog. Coor. I Base +2% 19,07 19.56 2010 20.62 21.17 21.76 22.34
Base +3% 19.26 , 1976 2030 20.83 21.37 21,97 22.56
Base +4% 19.45 19,95 2050 2103 21.58 22.18 22.78
12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos.
Hours Worked Per Year: 2088 Step A Step 8 ~ Step D. Step E Step F Step G
Grade 9 Annual 41,154 42,219 43,326 44,537 45,727 46,938 48,295
Accounting Assistant III .Monthly 3,430 : 3,518 3,611 3,711 3,811 3,912 4,025
Police Records Specialist II Semi-Monthly 1.715 , 1,759 . 1,806 1,856 . 1,906 1,956 2,013
. Water Resources Assistant Hourly 19.71 ; 20.22 20.75 21.33 21.90 22.48 23.13
. . .
lOT I-/ourly 29.57 : 30.33 31.13 . 32.00. 32.85 33.72 34.70
I
. Base +1% 19.91 . 2D.42 20.96. 21.54 . 22.12 22.70 23.36
Base +2% 20.10 : 20,62 21,17 21.76 · 22,34 22,93 23,59
Base +3% 2030 20.83 21.37 21.97 22,56 23.15 23,82 ,
Base +4% 20,50 21.03 21.58 22,18 : 22.78 23.38 24.06
Grade 10 Annual 43,326 44,537 45.727 46,938 48,295 49,632 50,968
Accounting Assistant Senior Monthly 3,611 3,711 3,811 . 3,912 4,025 4,136 4,247
Office Assistant Senior Specialist Semi-Monthly 1,806 1,856 1,906 1,956 2,013 2,068 2,124
Parks Service Specialist , Hourly 20,75 21.33 21.90 22.48 23.13 2377 24.41
Payroll Specialist OT Hourly 31,13 3200 32,85 33.72 3470 35.66 36,62
Project Assistant Base +1 % 20.96 21,54 22.12 22.70 23.36 24.01 24.65
Web Support Specialist Base +2% 21.17 21,76 22.34 22.93 2359 24,25 2490
. Base +3% 21.37 21.97. 22.56 2315 . 23.82 24.48 25,14
Base +4% 21,58 22,18 22.78 23.38 24,06 24.72 25.39
Grade 11 Annual 45,727 , 46,938 48,295 49,632 50,968 52,471 53,850
Building & Dev. Spec. I Monthly 3,811 i 3,912 4,025 4,136 ' 4,247 4,373 4,488
Engineering Technician II Semi-Monthly 1,906 i 1,956 2,013 ' 2,068 : 2,124 2,187 2,244
Facilities Service Specialist Hourly 21.90 22.48 23.13 23.77 i 24.41 . 25.13 25.79
Permit Technician OT Hourly 32.85 . 33.72 34.70. 35..66. 36.62 37.70 38.69 .
Recreation Prog, Coord. II Base +1 % 22.12 22.70 23.36 24.01 24,65 25.38 2605
Sign Shop Service Specialist Base +2% 22.34. 22.93 23.59 24.25 . 24.90 25.63 26.31
Street Service Specialist Base +3% 22.56. ; 23.15 23.82 24.48 ! 25.14 25.88 26.56 .
Utmtles Service. Specialist. ,Base +4% 22.78. 23.38 24.06 24.72 ' 25.39 26.14 26.82
Water Operator
WWTP Operator Trainee
Grade 12 Annual 48,295 . 49,632 . 50,968 . 52,471 53,850 55,269 56,835
Court Home Detention Specialist Monthly 4.025, 4,136 4,247 : 4,373 4,488 4,606 4,736
Forestry Service Spec, Senior Semi-Monthly 2,013 , 2,068 2,124 . 2,187 . 2,244 2,303 2,368
Parks Service Spec. Senior Hourly 23.13 23.77 24.41 25.13 25.79 26.47 27.22
Probation Officer OT Hourly 34.70 35.66 36.62 37.70 38.69 39.71 40.83
Recreation Prog. Coord. III Base +1% 23.36 24.01 24.65 25.36 26.05 26.73 27.49.
Warrant Server . Base +2% 23.59 24.25 24.90 25.63 , 26.31 2700 27,76
WWTP Maintenance Technician . Base +3% 23.82 24.48 25.14 25.88 26.56 27.26 28.04
Base +4% 24.06 24.72 25.39 26.14 26.82 27.53 28.31
Grade 13 Annual 50,968 52,471 53,850 55,269 56,835 58,443 59,967
! Automotive. Equipment Tech. Monthly 4,247 4,373. 4,488 4,606 4,736 4,870 4,997
Engineering Technician III ' Semi-Monthly 2,124 2,187 2,244 2,303 2,368 2,435 2,499
Facilities Service Spec, Sr. Hourly 24.41 25.13 . 25.79 26.47 27.22 27.99 28.72
PC Technician OT Hourly 36.62 37.70 38.69 39.71 . 40.83 41.99 43.08
Sign Shop Service Spec. Sr. Base +1 % 24.65 25.38 26.05 26.73 27.49 28.27 29.01
Streets Service Specialist Sr. Base +2% 24.90 25.63 26.31 27.00 27.76 28.55 29,29
Utilities Customer Service Rep. Base +3% 25.14 25.88 26.56 27.26 28.04 28.83 29.58
Utilities Service Specialist Sr. Base +4% 25.39 26.14 26.82 . 27.53 28.31 29.11 29.87
Water Operator Sr.
WWTP Lab Technician
12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos.
Hours Worked Per Year: 2088 Step A Step B Step C Step D Step E Step F Step G
Grade 14 Annual 53,850 55,269 56,835 58,443 59,967 61,638 63,433
Accountant Monthly 4,488 4,606 4,736 4,870 4,997 5,137 5,286
Building & Dev. Spec. II Semi-Monthly 2,244 2,303 2,368 2,435 2,499 2,569 2.643
Legal Technician Senior Hourly 25.79 26.47 27.22 27.99 28,72 29.52 30.38
Planner I OT Hourly 38.69 39.71 40.83 41.99 4308 44.28 45.57
WWTP Operator I Base +1% 26.05,. 26.73 27.49 28.27 . 29.01 2982 30.68
Base +2% 26.31 . 27.00 27.76 28.55 . 29.29 30.11 3099
Base +3% 26.56 27.26. 28.04 28.83. 29.58. 30.41 31.29
Base +4% 26.82 27.53 28.31 . 29.11 . 29.87 30.70 31.60
;
. Grade 15 Annual 56,835 : 58,443 . 59,967 . 61,638 i 63,433 65,146 67,046
Application Support Analyst Monthly 4,736 ; 4,870 ; 4,997 : 5,137 ; 5,286 5,429 5,587
Assistant Network Admin. . Semi-Monthly 2,368. 2,435 · 2,499 ' 2,569 : 2,643 2,715 2,794
; Customer Service/PC Tech. ..Hourly 27.22 : 27.99 28.72, 29,52 : 30.38 31.20 32.11
: Electron ics Technician 01 Hourly 40.83 ; 41.99 43.08 44.28 : 45.57 46.80 48.17
. . . .
Engineering TeChnician IV Base +1 % 27.49 28.27 29.01 29.82 . 30.68 31.51 32.43
Environmental Technician Base +2% 27.76 28.55 29.29 30.11 30.99 31.82 32.75
Journey Level Electrician Base +3% 28.04 28.83 29.58 30.41 31.29 32.14 33.07
Lead Automotive Equip. Tech. Base +4% 28.31 29.11 29.87 30.70 31.60 32.45 33.39
Lead Facilities Service Spec.
Lead PC Technician
Lead Utilities Service Spec.
Lead Water Distribution Spec.
Lead Water Operator
. Parks Facilities Specialist
Parks Lead Service Specialist
Utilities Accounts Supervisor
WWTP CMMS Technician
WWTP Operator II
Grade 16 Annual 59,967 . 61,638 63,433 . 65,146. 67,046 68.988 70,888
Building & Dev. Spec. III Monthly 4,997 5,137 5,286. 5,429 5,587 5.749 5,907
Civil Engineer I Semi-Monthly. 2,499 . 2,569 2,643. 2,715 i 2,794 2,875 2,954
Code Enforcement Officer Hourly 26.72,. 29.52 30.38 31.20, 32.11 . 33.04 33.95.
. Cro.58 Connection Cont. Spec. OT Hourly 43.08 44.28 45.57 46.80 48.17 49.56 50.93
Planner II ; Base +1% 29.01 . 29.82 . 30.68 31.51 32.43 33.37 34.29
. Base +2% 29.29 30.11 30.99. 31.82 32.75 33.70 34.63
. Base +3% 29.58 . 30.41 31.29. 32.14 33.07 34.03 34.97
.Base +4% 29.87 30.70 31.60 32.45 33.39 34.36 35.31
Grade 17 Annual 63,433 65,146 67,046 68.988 70,888 72,892 74,897
Auto Equip. Tech. Supvr. Monthly 5,286 5.429 5,587 5.749 5,907 6,074 6,241
Electronics Supervisor Semi-Monthly 2,643 2,715 2,794 2,875 2.954 3,037 3.121
Facilities Inventory Supvr. Hourly 30.38 31.20 32.11 33.04 3395 3491 35.87
Network Administrator OT Hourly 45.57 46.80 48.17 49.56 50.93 52.37 53.81
Parks Maintenance Supvr. Base +1% 30.68 31.51 32.43 33.37 34.29 35.26 36.23
Sewer/Storm Collection Supervisor Base +2% 30.99 31.82 32.75 33.70 34.63 35.61 3659
Sign Shop Servo Spec. Supervisor Base +3% 31.29 32.14 33.07 34.03 34.97 35.96 36.95
Streets Service Spec. Supervisor Base +4 % 31.60 32.45 33.39 34.36 35.31 36.31 3730
Utilities Service Spec. Supervisor
Water Distribution Supervisor
Water Resources Operations Supvr.
WWTP Maintenance Supvr.
WWTP Operations Supervisor
12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos. 12 Mos.
Hours Worked Per Year. 2088 Step A ~ Step C Step 0 Step E Step F Step G
Grade 18 Annual 67,046 68,988 70,888 72.892 74,897 77,005 79,093
Civil Engineer" Month Iy 5,587 5.749 5,907 6,074 6,241 6,417 6,591
Engineering Technician Senior Semi-Monthly 2,794 2,875 2,954 3,037 3,121 3,209 3,296
Forestry Service Spec. Supervisor Hourly 32,11 3304 33.95 3491 35,87 36.88 37.88
OT Hourly 48.17 49.56 50.93 52.37 5381 55.32 5682
Base +1 % 32.43 33.37 34.29 35,26 36,23 37.25 38.26
: Base +2% 32.75 33.70 34.63 3561 3659 3762 38.64
Base +3% 33.07 34.03 34.97 35.96 36.95 37.99 3902
Base +4% 33.39 34.36 35.31 3631 37,30 3836 39.40
Grade 19 Annual 70,888 72,892 74.897 77,005 79,Q93 81,119 83,165
Civil Engineer III Monthly 5,907 6,074 6,241 6,417 , 6,591 6.760 6,930
Semi-Monthly 2,954 , 3,037 3,121 3,209 ' 3,296 3,380 3,465
Hourly 33,95 34.91 35.87 36.88 37,88, 38.85 39.83
,
iOT Hourly 50.93, 52.37 53.81 55.32 56.82 58.28 5975
Base +1 % 34.29 35.26 36.23 I 37.25, 3826 39,24 40,23
, Base +2% 34.63 ~ 35.61 36.59. 37,62. 38,64 3963 40.63
: Base +3% 34.97 : 35.96 36,95 37.99 " 39.02 40.02 41.02
Base +4% 35.31 : 36.31 37,30 38.36 39.40 40.40 41.42
APPENDIX "B"
Classification Series
For use in the administration of a Reduction in Force (Lay-Offs):
ACCOUNTING/FINANCIAL (Citywide)
Accountant
Accounting Assistant Senior
Accounting Assistant III
Accounting Assistant II
* Accounting Assistant I
***Utility Accounts Supervisor
* * * Payroll Specialist
CITY CLERK
***Deputy City Clerk
COMMUNITY DEVELOPMENT
Building & Development Specialist III
Building & Development Specialist II
Building & Development Specialist I
***Code Enforcement Officer
Planner II
Planner I
ELECTRONICS
Electronics Supervisor
Electronics Technician
Journey Level Electrician
*Maintenance Electrician
ENGINEERING
Civil Engineer III
Civil Engineer II
Civil Engineer I
Engineering Technician Senior
Engineering Technician IV
* Indicates an inactive classification series Gob classification exists but not in current budget).
** Indicates some incumbents are covered by Civil Service Rule
*** Stand alone position
APPENDIX "8"
Classification Series
ENGINEERING (CONTINUED)
Engineering Technician III
Engineering Technician II
*Engineering Technician I
***Permit Technician
***Project Assistant
FACILITIES
Facilities/Inventory Supervisor
Facilities Service Specialist Lead
Facilities Service Specialist Senior
Facilities Service Specialist
EQUIPMENT SERVICES
Automotive Equipment Technician Supervisor
* Automotive Equipment Technician Lead
Automotive Equipment Technician
Automotive Technician Assistant
FORESTRY
Forestry Service Specialist Supervisor
*Forestry Service Specialist Lead
Forestry Service Specialist Senior
*Forestry Service Specialist
INFORMATION TECHNOLOGY
Network Administrator
* Assistant Network Administrator
Application Support Specialist
Lead PC Technician
PC Technician
*Computer Service/PC Technician
*Computer Programmer Senior
*Computer Programmer
* & *** Computer Operator-Utility
***Web Support Specialist
* Indicates an inactive classification series Qob classification exists but not in current budget).
** Indicates some incumbents are covered by Civil Service Rule
* * * Stand alone position
APPENDIX "B"
Classification Series
MUNICIP AL COURT
Legal Technician Senior
Legal Technician
***Probation Officer
OFFICE/CLERICAL (City-wide)
*Office Supervisor
Office Assistant Senior Specialist
Office Assistant Senior
Office Assistant III
Customer Service Representative
Office Assistant II
Office Assistant I
PARKS
Parks Maintenance Supervisor
*Parks Service Specialist Lead
Parks Service Specialist Senior
Parks Service Specialist
Parks Laborer
* & * * * Parks Facilities Specialist
* & * * * Cemetery Caretaker
POLICE
Police Records Specialist II
*Police Records Specialist I
Evidence/Property Control Specialist Lead
Evidence/Property Control Specialist
* * * Court Home Detention Specialist
***Warrant Officer (Server)
* * * Community Relations and Information Specialist
* Animal Control Officer
* Indicates an inactive classification series Gob classification exists but not in current budget).
** Indicates some incumbents are covered by Civil Service Rule
*** Stand alone position
APPENDIX "B"
Classification Series
RECREATION
Recreation Program Coordinator III
Recreation Program Coordinator II
Recreation Program Coordinator I
* Aquatics Supervisor
*Recreation Supervisor
SIGN SHOP
Sign Shop Service Specialist Supervisor
*Sign Shop Service Specialist Lead
Sign Shop Service Specialist Senior
Sign Shop Service Specialist
STREET
Street Service Specialist Supervisor
*Street Service Specialist Lead
Street Service Specialist Senior
Street Service Specialist
UTILITIES (Sanitary & Storm Collection)
Sewer/Storm Collection Supervisor
Utilities Service Specialist Lead
Utilities Service Specialist Senior
Utilities Service Specialist
WASTEWATER TREATMENT PLANT (WWTP) - MAINTENANCE
WWTP Maintenance Supervisor
WWTP CMMS Technician
WWTP Maintenance Technician
***WWTP Lab Technician
W ASTEW A TER TREATMENT PLANT -OPERATIONS
WWTP Operations Supervisor
WWTP Operator II
WWTP Maintenance Technician Trainee
* WWTP Operator Trainee
'" Indicates an inactive classification series Gob classification exists but not in current budget).
** Indicates some incumbents are covered by Civil Service Rule
"'** Stand alone position
APPENDIX "B"
Classification Series
WATER RESOURCES - OPERATIONS
Water Resources Operations Supervisor
Water Operator Lead
Water Operator Senior
Water Operator
***Environmental Technician
***Water Resources Assistant
WATER DISTRIBUTION
Water Distribution Supervisor
Lead Water Distribution Service Specialist
Utilities Service Specialist Senior
Utilities Service Specialist
* * *Cross Connection Control Specialist
* * *Utilities Customer Service Representative
INDIVIDUAL JOB CLASSIFICATIONS
*Project Coordinator
***Probation Officer (Municipal Court)
***Project Assistant (Engineering & Economic Development)
* Indicates an inactive classification series (job classification exists but not in current budget).
** Indicates some incumbents are covered by Civil Service Rule
*** Stand alone position
DATE SUBMITTED: February 9, 2009
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL #
oq " 05~
sq
........................................................................................
SUBJECT: Approval of Harborside
Conference Center Parking and Plaza
Agreement
Committee Meeting Date: February 25, 2009
COUNCIL MEETING Date: March 4, 2009
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: The proposed agreement establishes the terms and responsibilities of the City, Kitsap
Transit and Hotel Concepts of Kit sap, LLC for the use and maintenance of the Harborside Conference
Center parking garage and plaza.
ATTACHMENTS: Proposed Conference Center Parking and Plaza Agreement
FISCAL IMPACTS (Include Budgeted Amount): Execution of this agreement will return
$209,240.65 to the City as reimbursement of expenditures incurred during fiscal years 2005 through
2008.
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA 'KJ
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION: Move to approve the Harborside Conference Center Parking and
Plaza Agreement and authorize the Mayor to finalize and execute the agreement with substantially the
same terms and conditions as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
Return Address:
City Clerk
City of Bremerton
345 6th Street, Suite 600
Bremerton, WA 98337-1873
AUDITOR/RECORDER'S INDEXING FORM
Document Title(s): 1. Harborside Conference Center Parking and Plaza Agreement
Reference Number(s) of Documents assigned or released: 200312120194
Grantor(s): 1. City of Bremerton and Kitsap Transit
D Additional names on page of document.
Grantee(s): 1. Kitsap Transit
2. Hotel Concepts of Kitsap, LLC
D Additional names on page of document.
Legal Description: Ptn GL 3 Sec. 13 & GL 1 Sec. 24, all in TWP 24 N RGE IE & Ptn Lots 7-9, Elk 2, Town of
(abbreviated) Bremerton
D Additional legal is on page Attachment A of document.
Assessor's Property Tax Parcel/Account Number: 24240120012004,37180020080005,
37180020040009,24240120112002
Harborside Conference Center
Parking and Plaza Agreement
~
"
This Harborside Conference Center Parking and Plaza Agreement ("Agreement") is
entered into this _day of_, 2009, between the CITY OF BREMERTON, a municipal
corporation, hereinafter "City", KITSAP TRANSIT, a municipal corporation and HOTEL
CONCEPTS OF KITSAP, LLC dba HAMPTON INN & SUITES BREMERTON, a
Washington Limited Liability Company, hereinafter "Hotel".
Page 1 of 15
February 9, 2009
WHEREAS, the City and Kitsap Transit are the owners, respectively, of the seven
properties that, jointly combined, establish the site for the Harborside Conference Center
complex. Attachment A is the legal description for the Project.
WHEREAS, the hotel pad and air-space was sold to the Hotel.
WHEREAS, the restaurant pad and air-space was reconveyed back to the City who
sold the same to Anthony's Restaurants/Mad Anthony's Inc. ("Anthony's") for the
development of a restaurant.
WHEREAS, the parking garage consists of three floors and 516:1: parking spaces
("Parking Garage"). Drawings of the Parking Garage are attached hereto as Attachment B.
The parking area covered by this Agreement excludes the Kitsap Transit HOV parking
spaces as currently located and configured on the boardwalk passenger vehicle holding area
level. The parking area covered by this Agreement includes the loading/unloading area for
garbage and the freight elevator and the electrical transformer and cable room.
WHEREAS, the City, Kitsap Transit and Opus Northwest, L.L.c. entered into a
parking garage agreement dated August 20, 2003 ("2003 Parking Garage Agreement")
regarding the parking rights and the terms and conditions for the use and enjoyment thereof.
WHEREAS, the City and Kitsap Transit, as owners of the Parking Garage, are
successors in interest to the interests of Opus Northwest, L.L.C. in the 2003 Parking Garage
Agreement.
WHEREAS, the Hotel, as owner of the hotel, has an interest in this agreement to the
extent it has a right to use and an obligation to pay for certain parking spaces in the parking
garage.
WHEREAS, Anthony's as owner of the restaurant, has entered into a separate
agreement with the City dated October 25, 2004 ("Easement Agreement") for the use of City
parking spaces and is therefore not a party to this Agreement.
WHEREAS, the City and Kitsap Transit desire to update the provisions of the 2003
Parking Garage Agreement with respect to the use and maintenance of the Harborside
Conference Center parking garage.
WHEREAS, the City and Kitsap Transit also desire to set forth herein their agreement
with respect to the use and maintenance of the Harborside Conference Center plaza.
NOW, THEREFORE, the parties agree as follows:
1. Premises. The Harborside Conference Center complex ("Premises") currently
consists of a three level parking garage owned lby the City and Kitsap Transit
("Parking Garage"), an approximately 110 room hotel owned by the Hotel ("Hotel"),
an approximately 4500 sq. ft. restaurant owned by Anthony's ("Restaurant"), a City
Page 2 of 15
February 9, 2009
owned conference center for 650 attendees ("Conference Center"), conference center
plaza ("Plaza") and an office/retail building owned by Kitsap Transit consisting of
approximately 8000 ~quare feet of retail space and two floors (36,000 square feet) of
office space. .
2. Duration of Agreement. This Agreement shall continue perpetually for so long as,
and during any period in which the Conference Center and Parking Garage are
located on the Project property, and during any time while the Conference Center and
Parking Garage are being repaired, restored or rebuilt, unless earlier terminated by the
parties hereto.
3. Plaza and Fountain Maintenance. Kitsap Transit shall pay the City 33 1/3% of all
maintenance and operation expenses for the Plaza and fountains during the duration
of this Agreement. For the purposes of the fountains, maintenance and operation
include~ supplies and services for general maintenance and electricity, but does not
include labor allocation or capital expenditures. In addition, Kitsap Transit shall make
payment of its percentage share of these expenses retroactive to January 1, 2005
through December 31,2008 in the amount of$209,240.65.
4. Parking Garage Generally. The parking garage consists of three floors with 516::1:
parking spaces. Level 1 has 203 stalls. Level 1 was not funded with bond proceeds
and is therefore not subject to tax-exempt financing restrictions. The remaining 313
stalls are on Levels 2 and 3 and were financed with proceeds of a tax-exempt bond
Issue.
5. Kitsap Transit Parking Spaces.
a. Kitsap Transit owns a total of 123.5 parking spaces in the Garage, all on Level
1.
b. Fifty-three and one-half (53.5) of Kit sap Transit's spaces are dedicated spaces
for Kitsap Transit use and are located on level one under the existing Transit
Center deck as reflected on Attachment B. (Commonly referred to as "Area
51 ")
c. Sixty (60) of Kitsap Transit's spaces are currently dedicated spaces for Hotel
use subject to modification by mutual agreement of the parties. The Hotel
shall pay for these parking spaces as set forth in Section 8.
d. Kitsap Transit's remaining 10 spaces are located on Level 1 and are used for
visitor and tenant parking for customers and tenants of the Transit Building or
such other purposes as Kitsap Transit may hereafter direct.
6. City Parking Spaces.
a. The City shall own the remaining 313::1: general public parking spaces on
Levels 2 and 3, subject to the rights, terms, limitations and conditions
described below. The City also owns 80 parking spaces on Level 1 dedicated
to restaurant parking.
b. The City shall be entitled to receipt of 100% of the net income or loss from
the general public parking pool revenue from Levels 2 and 3, after payment of
Page 3 of 15
February 9,2009
the monthly operating expenses as herein provided, including debt service due
by the City.
7. Levell Parking - Dedication and Use.
a. Level I parking includes 203.5::1: total parking spaces dedicated and used as
follows:
1. City - Restaurant Dedicated Parking 80
11. Kitsap Transit - Hotel Dedicated Parking 60
111. Kitsap Transit - Kitsap Transit Dedicated Parking 63.5
Total: 203.5
b. Kitsap Transit's 60 Hotel dedicated parking shall be marked with sign age for
Hotel use only. Individual stalls may also be marked for Hotel use only.
8. Hotel Payment and Terms for Parking Spaces.
a. Hotel use of Kitsap Transit spaces on Level l: The Hotel shall pay Kitsap
Transit, for its use of the 60 dedicated parking spaces on Level 1 as identified
in Sections 5 and 7, the sum of $140.00 per parking space per month, which is
the current monthly rate for parking spaces on Levels 2 and 3 as charged by
the City. This rate is subject to adjustment pursuant to Subsection 8(d).
b. Hotel use of City spaces on Level 3: The Hotel shall pay the City $6.25 per
day per vehicle for up to 30 spaces daily on level 3 of the Parking Garage,
subject to availability. (This fee is based on the current monthly rate of
$140.00 per parking space per month divided by the industry standard of
twenty-two business days). These 30 spaces are not part of the 60 dedicated
parking spaces set forth in Subsection 8(a). These rates are subject to
modification by the City in its sole discretion, upon 60 days notice based on
market conditions.
c. Allocated Parking for Kitsap Transit on Level 3: Because the Hotel
utilizes parking spaces on Level 1 reducing potential parking needs for Kitsap
Transit's future tenants in its office/retail building, Kitsap Transit may utilize
up to 60 parking spaces on Level 3 at the same monthly rate the Hotel pays
Kitsap Transit for its spaces on Level 1 (as such rate may be adjusted pursuant
to the provisions of subsection 8( d). As of the date of this agreement,. Kitsap
Transit is not using any of these 60 allocated parking spaces. These stalls may
be used as follows:
1. Kitsap Transit may use all of the allocated 60 parking spaces for
Kitsap Transit employee or other government employee parking
("Kitsap Transit employee" parking)
11. Kitsap Transit acknowledges that use of such Level 3 Parking Stalls is
subject to the City's bond covenants for the financing of Levels 2 and
3. While such covenants do not restrict the use of these stalls for
Kitsap Transit employee parking, the bond covenants contain certain
limitations on private monthly parking. As of the date of this
agreement, Kitsap Transit, upon request, will be entitled to use up to
Page 4 of 15
February 9, 2009
31 of the 60 allocated parking spaces for private monthly parking (in
lieu of Kitsap Transit employee parking) and subject to further review
for compliance with bond covenants at the time of request for such
use, and conditioned upon such compliance, may use the full 60
allocated parking spaces for private monthly parking. Accordingly,
Kitsap Transit agrees it will utilize no more than the maximum
permissible Level 3 parking spaces for private (non-governmental
employee) parking as allowed by the bond covenants.
111. . Kitsap Transit shall provide at least 30-day advance written notice of
its proposed use of Level 3 Parking Stalls including both the number
of total stalls to be used and further, in order to determine compliance
with City bond covenants, the number of stalls requested for private
use. The Stalls Kitsap Transit elects to use on Level 3 shall be
dedicated for the exclusive use by Kitsap Transit (and/or its successors
and tenants subject to the City's bond covenants) and marked with
signage for such use only.
d. Renegotiation of Hotel and Kitsap Transit Parking Rate. The City or
Kitsap Transit may from time to time, but no more frequently than annually,
beginning in the 2010 calendar year, request an increase in the Hotel Parking
rate for the dedicated Hotel parking spaces based on the current fair market
monthly rental value within the downtown Bremerton area. If within 30 days
of either party's request, the parties are unable to agree on a new monthly rate,
the rate shall be established through the dispute resolution provisions of this
Agreement.
9. Conference Center Parking.
a. There shall be available within the general public parking area on Levels 2
and/or 3, one hundred fifty (150) parking spaces associated with the events
held in the Conference Center.
b. The parking spaces associated with the Conference Center will be in the
general public parking areas on Levels 2 and 3 as shown on Attachment B and
shall not be dedicated spaces.
c. Conference event sponsorship shall have the right, through the parking
management, to reserve up to a combined one hundred fifty (150) parking
spaces on Levels 2 and 3 for any single or multiple events running
concurrently.
d. The City, in its sole discretion, may reserve additional parking spaces,
exceeding the 150 associated spaces on Levels 2 and 3, for Conference Center
events.
e. Sponsors for events who reserve parking as herein provided shall be
responsible for and shall pay for reserved parking at the general public
parking established rates.
f. At no time shall more than 250 parking spaces be reserved for Conference
Center events without the express event and parking reservation approval
from the Hotel operator.
Page 5 of 15
February 9,2009
10. Executive Parking Spaces. Hotel may lease spaces on Levels 2 and 3 in which
could be located in a designated area on Levels 2 and/or 3 within the garage available
to such user specifically set aside for said Executive Parking Stall user on a reserved,
designated basis and which would be available to such user on a 24 hour basis. Said
parking spaces shall be leased at a monthly rental basis as established by the City.
11. Use of Loading/Unloading Area. The owner(s) of the Pads (and their tenants) shall
have the right to use the garbage loading/unloading areas, the freight elevator and the
electrical transformer and cable room as shown on Attachment B, subject to the
obligation to pay for garbage and recycling charges established by the agreement of
the owners.
12. Management, Operation and Maintenance of Garage.
a. The City shall be responsible for overall management, operation,
maintenance, security and confrol of the Parking Garage, provided Kitsap
Transit shall have the exclusive right to monitor and enforce parking
restrictions as to its parking stalls (both the Hotel parking spaces on Level 1 as
well as the assigned Kitsap Transit spaces on Level 3) without cost to the cIty
and impose and collect fines for any violations of such parking restrictions.
The City, upon the written approval of Kitsap Transit, may enter into a third
party subcontract for the management, operation and maintenance of the
garage, which approval shall not be unreasonably withheld. The City shall
continuously maintain an "on call" elevator service subcontractor and provide
the name and telephone number of such subcontractor to Kitsap Transit. In
the event of an elevator malfunction, as opposed to general maintenance,
Kitsap Transit shall have the right to call the subcontractor directly to make
any required repairs. Kitsap Transit shall make reasonable efforts to notify
the City of such calls. If Kitsap Transit pays ,any repair bills, Kitsap Transit
shall be entitled to credit for the cost of any such documented repairs
b. The City shall be responsible for maintaining books and records for all
revenue and expenditures, regarding the Parking Garage. Said records shall
be available for review and audit by Kitsap Transit (and its auditors) during all
normal business days and working hours (8 a.m. to 5 p.m.).
c. The City agrees to continuously maintain and operate the Parking Garage in a
first class manner, condition, and state of repair. The City may from, time to
time, temporarily close portions of the garage for maintenance and repair
purposes, but the City will use all reasonable efforts to conduct routine repairs
and maintenance so as to not disrupt the full use of the Parking Garage. In the
event of major damage or casualty to the garage which prohibits the use of the
parking spaces as provided herein, the City will use all reasonable efforts to
promptly repair such damage or casualty and restore the garage improvements
to substantially the same condition (including appearance, configuration,
layout and structural aspects) as existed immediately prior to such damage or
destruction.
Page 6 of 15
February 9, 2009
13. Revenue, Operating Expenses and Payment.
a. Revenue. The City shall be entitled to all revenue from City parking spaces.
Kitsap Transit shall be entitled to all revenue from Kitsap Transit spaces
pursuant to Section 8.a.
b. Expenses.
i Parking Garage. Kitsap Transit shall be responsible for 22.7% of total
management, operating and maintenance expenses for the Parking Garage as
set forth in Section 12. The City shall be responsible for 77.3 % of the
management, operating and maintenance expenses. For the purposes of this
subsection, total expenses to be allocated do not include costs associated with
the collection of public parking revenues.
ii. Plaza and Fountains. Plaza and fountain expenses are set forth in
Section 3.
c. Payment. Payments owed by any party hereto to another shall be due and
payable within 45 days of billing unless otherwise provided for in this
agreement or otherwise agreed to.
14. Changes in the allocation of parking spaces/assessment of expenses. Subject to
the limitations of Section 23 below entitled "Amendments", the parties may, at any
time and in writing, change the assignment or allocation of parking spaces and/or the
assessment of expenses related to the operation and maintenance of the Parking
Garage without recording an amendment to this Agreement.
15. Non-Exclusive Rights. In addition, the rights granted to the Hotel and Restaurant
owners hereunder shall not limit the rights of Hotel and/or Restaurant owner or their
tenants, employees, invitees, and agents from parking in the Parking Garage on the
same terms and conditions as parking is made available to the public generally
(including hourly or daily parking) as then managed by the City or its designated
operator.
16. Meetings with Operator. The City shall cause its designated manager of the Parking
Garage, if any, to meet with Kitsap Transit, and/or Hotel owner upon reasonable
request during normal business hours.
17. Dispute Resolution.
a. In General. Excluding uncontested monetary defaults governed by the
provisions of Section 17(d), if a dispute otherwise arises between the parties
on account of this Agreement, including the performance of any provision of
this Agreement or the interpretation thereof, the parties agree to follow the
procedures set forth in this Section 17. It is the goal of the parties to resolve
their differences as early in this step process as possible.
b. Step One - Informal Discussions. The parties to a dispute shall designate a
Designated Representative. The Designated Representatives shall meet to see
if the matter can be informally resolved. This may involve more than one
Page 7 of 15
February 9, 2009
meeting. If the matter is amicably resolved at this stage, the affected parties
shall sign a Memorandum of Understanding with regards thereto.
c. Step Two - Bindin1! Arbitration. In the event the Parties are unable to
mutually resolve the dispute through Informal Discussions within a 30-day
period, the dispute shall be referred to binding arbitration before one
Arbitrator, subject to the following:
i. Selection of Arbitrator. If the parties are unable to mutually agree on
an acceptable Arbitrator, each Party shall, within seven (7) days of one
Party's demand for Arbitration, designate a Selector and the Parties'
Selectors shall, in turn, mutually agree on an acceptable Arbitrator. If
one Party fails to timely designate a Selector, the Selector designated
by the other Party shall have the exclusive right to designate the
Arbitrator, including the right of the Selector to name himself/herself
as the Arbitrator.
If, however, the Parties' designated Selectors are unable to mutually
agree on an Arbitrator within seven (7) days of their respective
designations, either Party may apply to the Presiding Judge of the
Kitsap County Superior Court, who shall have the summary power to
appoint an Arbitrator following notice and hearing on the Court's
regular civil motion calendar. Costs and fees charged by the Arbitrator
shall be borne by the parties in equal shares.
11. Powers. The Arbitrator shall have the full power to resolve all
disputes and controversies, to accord full relief to the parties and
impose all remedies available ,i.mder Washington law and/or specified
in this Agreement, including the right to establish fair market rental
rates under Section 8.
111. Venue and Jurisdiction. Venue and jurisdiction for the confirmation
of a decision or award of the Arbitrator (or on account of any action
otherwise instituted on account ofthis Agreement) shall lie exclusively
in the Kitsap County Superior Court.
d. Monetary Defaults. Notwithstanding the preceding subsections, the
provisions of this Section 17(d) govern monetary defaults. In the event any
party to this Agreement fails to make payments when due hereunder, and such
failure continues for a period of thirty (30) days after written notice of such
failure from a non-defaulting party, the defaulting party shall be in default
hereunder. Upon such default, the non-defaulting party may seek any and all
remedies available by law or in equity, including an action for damages to
collect any unpaid amounts plus interest thereon, provided if during the 30-
day cure period the defaulting party transmits a dispute notice contesting the
alleged monetary default, such dispute shall be resolved in accordance with
the dispute resolution provisions of subsections 17(a), 17(b), and 17(c).
18. Damage or Destruction of Premises. Unless this Agreement is earlier terminated by
written agreement of the parties, the term of this Agreement shall continue until the
Premises is voluntarily demolished or is substantially damaged or destroyed under
Page 8 of 15
February 9, 2009
circumstances in which the then respective owners of the Premises do not commence
to repair or rebuild such buildings within two (2) years of such damage or destruction.
The two (2) year period referred to above shall be subject to and extended by any
period of delay due to Force Majeure. Force Majeure shall mean, strikes, riots, acts
of God, delay caused by the failure of a governmental agency to issue a building or
occupancy permit despite diligent pursuit thereof, shortages of labor or materials
because of priority or similar regulations or order of any governmental or regulatory
body, war, governmental laws, regulations or restrictions or any other causes of any
kind whatsoever which are beyond the reasonable control of said party; provided,
however, lack of funds or inability to obtain financing shall not be an event of Force
Maj eure.
19. Estoppel Certificate. Either party shall, within fifteen (15) days of a request from
the other party, execute, acknowledge and deliver to the requesting party or its
designee a written statement confirming the status of matters under this Agreement,
including the number of parking stalls then currently designated as provided above,
whether all payments are current, whether any party is in default under this
Agreement, and such other matters as the requesting party may reasonably request. It
is intended that any such statement may be relied upon by lenders providing financing
with respect to any of the properties benefited or burdened by this Agreement.
20. Insurance. It is the parties intent to keep the Parking and Plaza space continuously
insured throughout the term of their Agreement against claims for personal injury and
property damage, through (i) an insurer(s) licensed or approved to do business in
Washington State; (ii) participation in a recognized and funded self-insurance
program; or (iii) a combination of commercial and self-insurance.
a. Property Insurance. Each party shall maintain property insurance for the
respective space owned by each party in the Parking Garage..
b. Liability Insurance. Each party shall maintain liability insurance for the
respective space utilized by each party pursuant to this agreement.
21. Indemnification. Each party shall defend, indemnify and hold the non-defaulting
party or parties, 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 defaulting party's acts or
omissions in its performance of this Agreement.
The provisions of this Section shall survive the expiration or termination of this
Agreement.
22. Costs and Attorneys' Fees. In the event it becomes necessary for any party to
defend or institute legal proceedings as a result of the failure of either party to comply
with the terms, covenants, agreements and/or conditions of this Agreement, it is
understood and agreed that the prevailing party in such litigation shall be entitled to
be reimbursed for all costs incurred or expended in connection therewith, including,
Page 9 of 15
February 9,2009
but not limited to, reasonable attorney's fees (including paralegals' and consultants'
fees and fees for appeals or any bankruptcy proceeding) and court costs.
23. Notices. Any and all notices or other communications required to permitted by this
Agreement or by law to be delivered to, served on or given to either party to this
Agreement by the other party to this Agreement, shall be in writing and shall be
deemed properly delivered, given or served when personally delivered to such party,
or in lieu of personal service, when faxed or when mailed by United States mail,
express, certified or registered, postage prepaid, or by a nationally recognized
overnight delivery service, charges prepaid, addresses as follows:
City ofBremerton:
City Clerk
City of Bremerton
345 6th Street, Suite 600
Bremerton, WA 98337
Kitsap Transit:
Dick Hayes
Executive Director
Kitsap Transit
60 Washington Avenue, Suite 200
Bremerton, W A 98337
Hampton:
Hampton Inn & Suites Bremerton
c/o Hotel Concepts of Kit sap, LLC
226 Aurora Avenue North
Seattle, WA 98109
Allnotices so faxed shall be deemed delivered upon transmission thereof (so long as
the sending fax machine provides written confirmation of receipt) and all notices so
mailed shall be deemed received on the date which is 24 hours after delivery to the
overnight delivery service by the sender, or if placed in the United States mails, on
the date ofthe return receipt or, if delivery of such United States mail is refused, upon
such refusal. Either party may change its address for the purpose of this Section by
giving ten (10) days advance written notice of such change to the other party or in the
manner provided in this Section.
24. Amendment. Excluding modifications made pursuant to the provisions of Section 8,
this Agreement may not be otherwise modified, amended or terminated without the
prior written approval of the parties hereto. Additionally, the terms of this Agreement
providing that there shall be 150 non-dedicated parking spaces associated with the
Conference Center shall not be modified or reduced without the approval of the
Kitsap County Public Facilities District Board (KCPFD). Copies of any other
modifications to this Agreement shall be delivered to the KCPFD within 30 days of
Page 10 of 15
February 9, 2009
any such modification. Minor amendments as well as those amendments identified in
Section 14 that are made to this Agreement need not be recorded.
25. Waiver. No waiver or any of the provisions of this Agreement shall be effective
unless it is in writing, signed by the party against whom it is asserted and any such
written waiver shall only be applicable to the specific instances to which it relates and
shall not be deemed to be a continuing or future waiver.
26. Construction. The captions and section headings contained in this Agreement are
for convenience and reference only and in no way define, describe, extend or limit the
scope or intent of this Agreement, nor the intent of any provision hereof. All
pronouns and any variations thereof shall be deemed to refer to the masculine,
feminine, neuter, singular or plural as the identification of the person or persons may
require. "Person" shall mean any individual, firm, association, corporation, Limited
Liability Company, trust or any other form of business or legal entity. Whenever the
adverbs "herein," "hereunder," "hereto," "hereby," "hereinafter," etc., are used in this
Agreement, they shall mean and refer to this Agreement in its entirety and not to any
specific section or paragraph hereof. Whenever the word "including" is used in this
Agreement, it shall mean "including, but not limited to."
27. Binding Effect. The terms set forth in this Agreement shall be continuing covenants
running with the land. Such covenants shall be binding upon, and inure for the
benefit ofthe parties hereto and their respective successors and assigns.
28. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington. Venue will be in Kitsap County,
Washington.
29. Recording. This Agreement shall be recorded in the real property records of Kitsap
County, Washington.
30. Parties Interested Herein. To the extent that this Agreement confers upon or gives
or grants to the Kitsap County Public Facilities District, and/or the Hotel Owner any
right, remedy or claim under or by reason of this Agreement, the Kitsap County
Public Facilities District, and/or the Hotel owner are each explicitly recognized as
being a third-party beneficiary hereunder and may enforce any such right, remedy or
claim conferred, given or granted hereunder. Nothing expressed or implied in this
Agreement is intended or shall be construed to confer upon, or give or grant to, any
person or entity, other than the City, Kitsap Transit, the Kitsap Public Facilities
District, and/or the Hotel owner, any right, remedy or claim under or by reason of this
Agreement or any covenant, condition or stipulation hereof.
31. Financing of Construction. The City financed the costs of construction and
equipping Level 1 of the Garage with funds derived entirely from sources other than
the proceeds of any tax-exempt obligations, and the costs of constructing and
Page 11 of 15
February 9, 2009
equipping Level 2 and 3 of the Garage with the proceeds of tax-exempt obligations
issued by the City.
32. 2003 Parking Garage Agreement Superseded and Replaced. This agreement
supersedes and replaces, in its entirety, the 2003 Parking Garage Agreement executed
by the City, Kitsap Transit and Opus Northwest, L.L.C. on August 20, 2003, Kitsap
County recording number 200312120194.
IN WITNESS WHEREOF, this Parking Agreement is executed by the parties,
intended to be legally bound, as ofthe date first written above.
CITY OF BREMERTON
By:
Cary Bozeman, Mayor
KITSAP TRANSIT
By:
Dick Hayes, Executive Director
HOTEL CONCEPTS OF KITSAP, LLC
dba HAMPTON INN & SUITES
BREMERTON
By:
***Notaries on Next 3 Pages***
Page 12 of 15
February 9, 2009
STATE OF WASHINGTON )
) ss.
COUNTY OF )
THIS IS TO CERTIFY that on this _ day of ,2009, before me, the
undersigned, a notary public in and for the state of Washington, duly commissioned and
sworn, personally appeared Cary Bozeman, to me known to be the Mayor of the City of
Bremerton, a Washington municipal corporation, that executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed
ofthe City of Bremerton, for the uses and purposes therein mentioned, and on oath stated that
said individual was authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed this _ day of
200
{Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My Appointment Expires:
Page 13 of 15
February 9,2009
STATE OF WASHINGTON )
) ss.
COUNTY OF )
I certify that I know or have satisfactory evidence that
is the person who appeared before me, and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Executive Director of Kitsap Transit, a municipal corporation to
be the free and voluntary act and deed of said municipal corporation, for the uses and
purposes mentioned in the instrument.
WITNESS my hand and official seal hereto affixed this
, 2009.
day of
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My Appointment Expires:
Page 14 of 15
February 9, 2009
STATE OF WASHINGTON )
) ss.
COUNTY OF )
THIS IS TO CERTIFY that on this _ day of ,2009, before me, the
undersigned, a notary public in and for the state of Washington, duly commissioned and
sworn, personally .~ppeared , to me known to be the
of Hotel Concepts of Kitsap, LLC dba Hampton Inn & Suites
Bremerton, a Washington Limited Liability Company, that executed the within and
foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said limited liability company, for the uses and purposes therein
mentioned, and on oath stated that said individual was authorized to execute said
instrument.
WITNESS my hand and official seal hereto affixed this _ day of
2009.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of
Washington, residing at
My Appointment Expires:
R:\Legal\Legal\Files\Current Active Files\Conference Center\Parking and Plaza Agreement - 2009 Final - clean.doc
Page 15 of 15
February 9, 2009
Attachment A
Leeal Description of the Premises
LEGAL DESCRIPTION
ORDER NO. 890744-C3
PARCEL I:
THAT PORTION OF GOVERNMENT LOT 3, SECTION 13, AND THAT PORTION OF
GOVERNMENT LOT 1, SECTION 24 AND TIDELANDS ADJOINING ALL IN TOWNSHIP 24
NORTH, RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 1 IN BLOCK 2 OF TOWN OF
BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 30, IN
KIT SAP COUNTY, WASHINGTON;
THENCE SOUTH 45020'30" EAST ALONG THE NORTHEASTERLY MARGIN OF FIRST STREET
(FRONT STREET) IN SAID PLAT A DISTANCE OF 14.18 FEET TO THE MOST SOUTHERLY
CORNER OF AN ALLEY DELINEATED ON BLOCK 2 OF SAID PLAT;
THENCE NORTH 35037'10" EAST ON 60.00 FEET ALONG SAID DELINEATED ALLEY TO THE
TRUE POINT OF BEGINNING, WHICH IS ALSO CALLED POINT "A" FOR REFERENCE
PURPOSES;
THENCE SOUTH 45020'30" EAST PARALLEL TO THE NORTHEASTERLY MARGIN OF FIRST
STREET (FRONT STREET) TO AN INTERSECTION WITH THE INNER HARBOR LINE
DELINEATED ON 1958 SUPPLEMENTAL MAP OF BREMERTON TIDELANDS, ON FILE IN THE
OFFICE OF THE COMMISSIONER OF PUBLIC LANDS, OLYMPIA, WASHINGTON;
THENCE NORTHWESTERLY ALONG SAID INNER HARBOR LINE TO THE SOUTHWESTERLY
MARGIN OF SECOND STREET AS DELINEATED ON SAID SUPPLEMENTAL MAP.
THENCE NORTHWESTERLY ALONG SAID MARGIN TO A POINT ON THE MOST EASTERLY
CORNER OF THE ALLEY DELINEATED ON BLOCK 2 IN PLAT OF TOWN OF BREMERTON;
THENCE SOUTH 35037'10" WEST ALONG SAID ALLEY 247.21 FEET TO THE TRUE POINT OF
BEGINNING;
EXCEPT THAT PORTION DESCRIBED AS FOLLOWS:
COMMENCING AT POINT "A" HERETOFORE DESCRIBED;
THENCE SOUTH 45020'30" EAST PARALLEL TO THE NORTHEASTERLY MARGIN OF FIRST
STREET 34.02 FEET TO THE TRUE POINT OF BEGINNING OF THIS EXCEPTION;
THENCE NORTH 45029' 10" EAST 14.17 FEET;
THENCE NORTH 35036'30" EAST 5.90 FEET TO THE SOUTHWEST CORNER OF AN EXISTING
BRICK BUILDING;
Attachment A (continued)
THENCE SOUTH 45020'30" EAST ALONG THE SOUTHEASTERLY WALL THEREOF 129
FEET;
THENCE SOUTH 41053'20" WEST 20 FEET, MORE OR LESS, TO THE SOUTHWEST
BOUNDARY OF THE MAIN TRACT HERETOFORE DESCRIBED;
THENCE NORTH 45020'30" WEST 129.41 FEET, MORE OR LESS, TO THE TRUE POINT
OF BEGINNING.
PARCEL II:
COMMENCING AT A POINT ON THE NORTHEASTERLY LINE OF FRONT STREET,
ALSO KNOWN AS FIRST STREET, BREMERTON, WASHINGTON, WHICH IS SOUTH
45020'30" EAST A DISTANCE OF 14.18 FEET FROM THE SOUTHEAST CORNER OF
LOT 1 IN BLOCK 2 OF ORIGINAL PLAT OF THE TOWN OF BREMERTON,
ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 30, IN
KITSAP COUNTY, WASHINGTON;
THENCE NORTH 35037'10" EAST FOR A DISTANCE OF 60 FEET;
THENCE SOUTH 45020'30" EAST FOR A DISTANCE OF 163.43 FEET TO THE TRUE
POINT OF BEGINNING;
THENCE SOUTH 45020"30" EAST 45 FEET;
THENCE SOUTH 41053'20" WEST 59.39 FEET, MORE OR LESS, TO THE
NORTHEASTERLY LINE OF SAID FRONT STREET (FIRST STREET);
THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF FRONT
STREET (FIRST STREET) 45 FEET;
THENCE NORTH 41053 '20" EAST 59.39 FEET, MORE OR LESS, TO THE ADJOINING OR
ABUTTING THEREON, WHICH UPON VACATION, ATTACHED TO SAID PREMISES
BY OPERATION OF LAW.
PARCEL III:
THAT PORTION OF GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., AND THE TIDELANDS ADJOINING, IN KITSAP COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF LOT 1 IN BLOCK 2 OF
TOWN OF BREMERTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 2 OF
PLATS AT P AGE(S) 30, IN KITSAP COUNTY, WASHINGTON;
THENCE SOUTH 45020'30" EAST ALONG THE NORTHEASTERLY LINE OF FIRST
STREET (FRONT STREET) 14.18 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 35037'10" EAST 60 FEET;
THENCE SOUTH 45020'30" EAST 34.02 FEET;
Attachment A (continued)
THENCE SOUTHWESTERLY TO A POINT ON THE NORTHEASTERLY LINE OF FIRST
STREET WHICH IS SOUTH 45020'30" EAST 23.69 FEET FROM THE TRUE POINT OF
BEGINNING;
THENCE NORTH 45020'30" WEST 23.69 FEET TO THE TRUE POINT OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED FRONT (FIRST) STREET ADJOINING
OR ABUTTING THEREON, WHICH UPON VACATION, ATTACHED TO SAID
PREMISES BY OPERATION OF LAW.
PARCEL IV:
LOTS 8 AND 9 IN BLOCK 2 OF TOWN OF BREMERTON, ACCORDING TO PLAT
RECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 30, IN KITSAP COUNTY,
WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING OR ABUTTING
THEREON, WHICH UPON VACATION, ATTACHED TO SAID PREMISES BY
OPERATION OF LAW.
Attachment A (continued)
LEGAL DESCRIPTION
ORDER NO. 890745-C3
PARCEL A:
LOTS 1 AND 2 IN BLOCK 2 OF TOWN OF BREMERTON, ACCORDING TO PLAT
RECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 30, IN KITSAP COUNTY,
WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING OR ABUTTING
ON THE EAST LYING BETWEEN THE PROJECTIONS EASTERLY OF THE NORTH AND
SOUTH LINES OF SAID LOTS, WHICH UPON VACATION, ATTACHED TO SAID
PREMISES BY OPERATION OF LAW: ALSO TOGETHER WITH THOSE PORTIONS OF
VACATED FRONT (FIRST) STREET AND WASHINGTON AVENUE ADJOINING OR
ABUTTING THEREON, WHICH UPON VACATION, ATTACHED TO SAID PREMISES
BY OPERATION OF LAW.
PARCELB:
LOT 3 IN BLOCK 2 OF TOWN OF BREMERTON, ACCORDING TO PLAT RECORDED IN
VOLUME 2 OF PLATS AT P AGE(S) 30, IN KITSAP COUNTY, WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING OR ABUTTING
ON THE EAT LYING BETWEEN THE PROJECTION OF THE NORTHERLY AND
SOUTHERLY LINES OF SAID LOT 3, WHICH UPON VACATION, ATTACHED TO SAID
PREMISES BY OPERATION OF LAW, PURSUANT TO KITSAP COUNTY SUPERIOR
COURT CAUSE NO. 66664.
PARCELC:
LOTS 4,5,6 AND 7 IN BLOCK 2 OF TOWN OF BREMERTON, ACCORDING TO PLAT
RECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 30, IN KITSAP COUNTY,
WASHINGTON;
TOGETHER WITH THAT PORTION OF VACATED ALLEY ADJOINING OR ABUTTING
ON THE EAST LYING BETWEEN THE SOUTHERLY LINE OF LOT 4 AND THE
NORTHERLY LINE OF LOT 7 PROJECTED EAST, WHICH UPON VACATION,
ATTACHED TO SAID PREMISES BY OPERATION OF LAW.
Attachment A (continued)
PARCELD:
THE SOUTHEASTERLY 30 FEET OF THE FOLLOWING DESCRIBED PROPERTY:
THAT PORTION OF GOVERNMENT LOT 1, SECTION 34, TOWNSHIP24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT A POINT ON THE NORTHEASTERLY LINE ON FRONT (NOW
FIRST) STREET, BREMERTON, WASHINGTON, 14 FEET SOUTHEASTERLY FROM
THE SOUTHEAST CORNER OF LOT 1 IN BLOCK 2 OF TOWN OF BREMERTON,
ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS AT PAGE(S) 30, IN
KITSAP COUNTY, WASHINGTON;
THENCE NORTHEASTERLY PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID
BLOCK 2 A DISTANCE OF 60 FEET;
THENCE SOUTHEASTERLY PARALLEL WITH THE NORTHEASTERLY LINE OF
FRONT STREET 234 FEET, MORE OR LESS, TO INNER HARBOR LINE;
THENCESOUTHWESTERL Y PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID
BLOCK 2 A DISTANCE OF 60 FEET, MORE OR LESS, TO THE NORTHEASTERLY LINE
OF FRONT STREET; THENCE ALONG SAID LINE NORTHWESTERLY TO THE PLACE
OF BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED FRONT (FIRST) STREET ADJOINING
OR ABUTTING THEREON, WHICH UPON VACATION, ATTACHED TO SAID
PREMISES BY OPERATION OF LAW;
EXCEPT FROM ALL OF THE ABOVE PORTION THEREOF LYING EASTERLY OF THE
INNER HARBOR LINE.
PARCEL E:
THAT PORTION OF THE GOVERNMENT LOT 1, SECTION 24, TOWNSHIP 24 NORTH,
RANGE 1 EAST, W.M., IN KITSAP COUNTY, WASHINGTON AND THE TIDELANDS
ADJOINING, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF BLOCK 2 OF TOWN OF
BREMERTON, ACCORDING TO PLAT RECORDED IN VOLUME 2 OF PLATS AT
P AGE(S) 30;
THENCE SOUTH 45020'30" EAST ALONG THE NORTHEAST LINE OF FIRST STREET
14.18 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 35037'10" EAST 60 FEET;
THENCE SOUTH 45020'30" EAST 34.02 FEET;
THENCE NORTH 45029'10" EAST 14.17 FEET;
THENCE NORTH 35036'30" EAST 5.90 FEET TO THE SOUTHWESTERLY CORNER OF
EXISTING BRICK BUILDING;
Attachment A (continued)
THENCE ALONG THE SOUTHEASTERLY WALL OF SAID BUILDING AND THE LINE
OF SAID WALL PRODUCED, SOUTH 45020'30" EAST 129.00 FEET;
THENCE SOUTH 41053'20" 79.39 FEET, MORE OR LESS, TO A POINT ON THE
NORTHEASTERLY LINE OF FIRST STREET;
THENCE NORTH 45020'30" WEST ALONG SAID LINE TO THE TRUE POINT OF
BEGINNING;
TOGETHER WITH THAT PORTION OF VACATED FRONT (FIRST) STREET ADJOINING
OR ABUTTING ON THE SOUTH, WHICH UPON VACATION, ATTACHED TO SAID
PREMISES BY OPERATION OF LAW, EXCEPT THE FOLLOWING DESCRIBED TRACT:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID BLOCK 2'
THENCE SOUTH 45020'30" EAST ALONG THE NORTHEASTERLY LINE OF FIRST
STREET 14.18 FEET TO THE TRUE POINT OF BEGINNING;
THENCE NORTH 35037'10" EAST 60 FEET;
THENCE SOUTH 45020'30" EAST 34.02 FEET;
THENCE SOUTHWESTERLY TO A POINT ON THE NORTHEASTERLY LINE OF FIRST
STREET WHICH IS SOUTH 45020'30" EAST 23.69 FEET FROM THE TRUE POINT OF
BEGINNING;
THENCE NORTH 45020'30" WEST 23.69 FEET TO THE TRUE POINT OF BEGINNING;
INCLUDING WITH SAID EXCEPTED TRACT, THAT PORTION OF VACATED FRONT
(FIRST) STREET ADJOINING OR ABUTTING SAID EXCEPTED TRACT ON THE
SOUTH, WHICH UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION
OF LAW.
DATE SUBMITTED: February 10,2009
BILL #
(jQ,oS3
5H
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
........................................................................................
SUBJECT: Budget Adjustments relating to
the City Attorney and Risk Management
Funds
Committee Meeting Date: February 25,2009
COUNCIL MEETING Date: March 4, 2009
Department: City Attorney's Office
Presenter: Roger A. Lubovich
Phone: 473-2345
SUMMARY: The Office of Risk Management was recently moved from Financial Services to the
City Attorney's Office. Staff is proposing that the Risk Manager position at Management Professional
Pay Band 16 be replaced by a Risk Management Specialist to be placed at Pay Band 12 as
recommended by the Human Resources Manager and to leave the position unfilled at this time.
Additionally, in coordination with the transfer of Risk Management to the City Attorney's Office, it is
proposed that the Legal Assistant position currently funded at .55 FTE be increased to a full FTE in
order to assist with the increased workload.
ATTACHMENTS: None
FISCAL IMP ACTS (Include Budgeted Amount): Personnel costs are adequately funded in the 2009
budget. Distributions to the Risk Management Fund for both the Paralegal and Legal Assistant will
be increased to .5 FTE each to be funded from the unfilled Risk Management Specialist position.
This change will result in an approximate savings of$19,000 to the General Fund and $86,000 to the
Risk Management fund for the remainder of2009. It is recommended that only the staffing budget be
adjusted at this time pending the evaluation of the proposed staffing changes during the second half of
2009.
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 amend the 2009 budget to eliminate the Risk Manager
position at Management Professional Pay Band 16 and add one Risk Management Specialist at Pay
Band 12 and to increase the Legal Assistant from .55 FTE to 1.0 FTE effective Aprill, 2009.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
AG ENDA BILL
CITY OF BREMERTON
CITY COUNCIL
BILL# oq -- 051-
5!
DATE SUBMITTED: February 18, 2009
........................................................................................
SUBJECT: Communications Tower Lease Committee Meeting Date: February 25, 2009
IN ~~ Ci,SA' )lto~iU.fv W~5 1 Vl,C-.COUNCIL MEETING Date: March 4,2009
'1) Department: Pub Works & Util ~
Presenter: Paul Lucas~ ~_
Phone: 483-2328
SUMMARY: USA Mobility Wireless has been on the City's Cheryl Street Tower for some four
years without a lease, but paying monthly including CPI increases. When notified of this, they
quickly asked for a lease and sent back the one before the Council now. Currently, they are paying
$770.72 per month, but wish to reduce that to $500.00 per month as they are removing 2/3 of their
antennas on the tower. They also only wish a three year lease with one three year renewal option.
Although revenues will be reduced by this, with Verizon leasing the tower, their lease will increase
revenues by $15,600 per year off-setting any loss with USA Mobility.
ATTACHMENTS: Proposed Lease Agreement with USA Mobility Wireless, Inc.
I
FISCAL IMPACTS (Include Budgeted Amount): Reduced revenues of approximately $2500.00 per
year.
APPROV ALS:
DEPARTMENT DIRECTOR:)
CITY ATTORNEY:
FINANCE DIRECTOR:
MA YOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~~
CONSENT AGENDA M..
GENERAL BUSINESS D
PUBLIC HEARING D
RECOMMENDED MOTION:
Move to approve the attached lease with USA Mobility Wireless, Inc. and authorize the Mayor to
finalize and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a
municipal corporation duly organized and existing under the laws ofthe State of Washington,
as Lessor (hereinafter referred to as "City") and USA Mobility Wireless, Inc. (hereinafter
referred to as "Lessee").
WIT N E SSE T H:
1. PREMISES. The City leases to the Lessee real property located at 1926 Cheryl
St., Bremerton, WA 98310 for housing, installing, constructing, operating and maintaining
certain telecommunications facilities, legally described and/or depicted in Schedule A
("Premises"). Lessee accepts the Premises for such purpose, subject to the considerations,
terms and conditions specified in this Telecommunications Facilities Lease Agreement
(hereinafter referred to as "Lease").
2. DEFINITIONS. For the purpose of this Lease, and the interpretation and
enforcement thereC?f, 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 apd use such streets and easements for
telecommunications facilities;
"T elecommunications 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;
"T elecommunications 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
"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
pennits 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 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 providyd 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. Co-locates on the tower will be
approved by the City on a not-to-interfere basis with current tower occupants. City will
receive 100% of co-locate revenues.
LEASE AGREEMENT - 2
5. TERM OF LEASE. This Lease shall be valid for a term of three year(s)
commencing March 1,2009 and terminating April 31,2012. Lessee shaH have the option of
renewing thisJease for additional three (3) year periods up to a total of six years. Notice of
renewal must be received by the City within six (6) months of expiration of each three 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
@~ '
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
tenninated by the City pursuant to Sections 34 and 35. The Lessee shall cooperate with all other
tenants to identifY the causes of and work towards the resolution of any electronic interference
problem. In addition, the Lessee agrees to eliminate any radio or television interference caused to
City-owned facilities or surrounding residences at Lessee's own expense and without installation of
extra filters on City-owned equipment. Lessee further agrees to accept such interference as may be
received from City operated telecommunications or other City facilities located upon the City
property subject to this Lease except those City antenna sites placed upon Lessee's facilities pursuant
to Section 10.B.
8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,
landscaping and all other improvements, except telecommunications facility, shall become the
property of the City upon expiration or termination of the Lease. In the event that the City requires
removal of such improvements after termination of the Lease, such removal shall be accomplished at
the sole expense of the Lessee and completed within 30 days after receiving notice from the City
requiring removal of the improvements. Additional time may be granted upon the discretion of the
City which approval shall not be unreasonably withheld. In the event that telecommunications
facilities or other equipment are left upon City property after expiration or termination of the lease,
they shall, at the City's option, 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.
LEASE AGREEMENT - 3
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 ofthe Lease, Lessee shall pay rent at a rate of five hundred No/lOO Dollars ($500.00) 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 of2% 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
LEASE AGREEMENT - 4
cOlltractors and in accordance with Lessee's directives for the method of installment and with
pennits 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. Rent Adjustment. On the fo~rth annual anniversary date of the Commencement Date
of the Lease ("Rent Adjustment Date") the City may adjust the rent due under the Lease in
accordance with the following procedure:
If the City chooses to adjust the rent, the Rent for the remainder of the Lease term
commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term "Fair
Market Rental Value" shall be the rental rate that comparable space for a wireless
telecommunications facility (in terms of quality oflocation for a similar facility in a similar location)
would command on the open market at the time of Rent Adjustment Date. Such amount shall be
determined jointly by the City and Lessee through good faith negotiations. If the City determines
that a rent adjustment is warranted, it shall so notifY Lessee in writing no earlier than one hundred
eigbty (180) days prior to the Rent Adjustment Date and no later than one hundred twenty (120) days
prior to such date of the rental amount it proposes to commence on that date. Lessee shall respond in
writing no later than thirty (30) days from receipt of the City's notice by accepting the proposed tent
amount or if it determines that the proposed rent is unsatisfactory, it shall propose a suitable rental
amount. The City and Lessee shall thereafter make a good faith and diligent effort to agree on the
rent adjustment amount no later than thirty (30) days after receipt by the City of Lessee's proposed
rent adjustment.
D. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all sublessee rent
for co-location on Lessee's tower.
11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a new
lease application -and Lease shall be required of any telecommunications carrier or other entity that
desires to expand, modifY, or relocate its telecommunications facilities or other equipment located
upon City property. If ordered by the City to locate or relocate its telecommunications facilities or
other equipment on the City property, the City shall grant a lease amendment without further
application.
12. 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
I
expiration of the current Lease, file an application with the City for renewal of its Lease which shall
include the following:
A. Any information required by the City ofBremerton;
LEASE AGREEMENT - 5
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;
The City reserves the right to extend the review period for the renewal application if
additional information is required.
13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease shall
be renewed until any ongoing violations or defaults in the Lessee's performance of the Lease have
been cured, or a plan detailing the corrective action to be taken by the Lessee has been approved by
the City.
14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to substantially
expand the initial configuration contained in Schedule A, Lessee will submit a new application.
15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its rights
hereunder are subject to the legitimate rights of the police power of the City to adopt and enforce
general ordinances necessary to protect the safety and welfare of the public and it agrees to comply
with all applicable general laws enacted by the City pursuant to such power.
\ 16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate or
maintain its telecommunications facilities so as to unreasonably interfere with the use of the public
ways by the City, by the general public or by other persons authorized to use or be present in or upon
the public ways. All such facilities which interfere with public ways shall be moved by the Lessee,
at the Lessee's cost, temporarily or permanently, as determined by the City Public Works and
Utilities Director.
17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required under
the circumstances, provided the Lessee shall notify the City as promptly as reasonably possible,
before such repair or emergency work commences or as soon thereafter as possible if advance notice
is not practicable.
18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal, state
and local requirements. Lessee shall not permit waste, damage, or injury to the premises including
any City property, public ways of the City, other ways or other property, whether publicly or
privately owned, located in, on or adjacent thereto. Lessee shall not store any chemicals, hazardous
or otherwise, in the well head protection area. Lessee shall not restrict site access to City. City shall
have the exclusive right to inspect the Lessee's telecommunications facilities and equipment at any
time during the term of this Lease to ensure compliance with the terms and conditions herein;
Providect however, Lessee has the right to be present at all inspections of Lessee's
1elecommunications 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
cunent signage on telecommunication facilities identifYing Lessee, address and a 24 hour phone
nurnber. 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
ways.
B. The operations of the City or other governmental entity in or upon the public
Additional time for removal or relocation may be granted at the discretion of the City which
extension shall not be unreasonably withheld. If Lessee fails to remove the property upon request by
the City, Lessee agrees to reimburse the City for any and all removal costs incurred by the City.
21. REMOVAL OF UNAUTHORIZED FACILITIES. Within thirty (30) days
following written notice from the City, Lessee or any person who owns, controls or maintains on
behalf of Lessee any unauthorized telecommunications system, facility or related appurtenances
within the public ways or real property 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 ifleft 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
LEASE AGREEMENT - 7
D. If the system or facility was constructed or installed without the prior issuance
of a required City permits; and
by the Lease.
E. If the system or facility was constructed or installed at a location not permitted
Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways or
property of the City to abandon such facilities in place. No facilities of any type may be abandoned
in place without the express written consent of the City. Any plan for abandonment or removal of a
Lessee's facilities must be first approved by the Public Works and Utilities Director, and all
necessary permits must be obtained prior to such work. Upon authorized permanent abandonment of
the property of such persons in place, the property shall become that of the City, and such persons
shall submit to the City an instrument in writing, to be approved by the City Attorney, transferring to
the City the ownership of such property in which event, Lessee shall have no further obligations or
liability with respect to such property or facilities. The provisions of this Section shall survive the
expiration, revocation, or termination of the Lease granted hereunder. If the City does not authorize
abandonment and Lessee fails to remove such facilities within thirty (30) days following notice,
Lessee agrees to reimburse the City for any and all costs incurred by the City for facilities removal.
22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City
retains the right and privilege to cut or move any telecommunications facilities located within the
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by any
person or entity of any type as a direct or indirect result of the City's actions under this Section.
23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the
willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall not be
liable for any damage to or loss of any telecommunications facility upon City property or within the
public ways of the City as a result of or in connection with any public works, public improvements,
construction, excavation, grading, filling, or work of any kind on such City property or within the
public ways by or on behalf of the City.
24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A. When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways 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
LEASE AGREEMENT - 8
as adopted before the work was undertaken, unless otherwise directed by the City. Lessee shall
obtain all requisite permits for such work.
B. If weather or other conditions do not permit the complete restoration required
by this Section, the Lessee shall temporarily restore the affected ways or property. Such temporary
restoration shall be at the Lessee's sole expense and the Lessee shall promptly undertake and
complete the required permanent restoration when the weather or other conditions no longer prevent
such permanent restoration.
C. The Lessee or other person acting in its behalf shall use suitable barricades,
flags, flagmen, lights, flares and other measures as required for the safety of all members 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 orrmaps
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;
LEASE AGREEMENT - 9
D. The City and Lessee shall agree upon additional rental fee for sub-lessee hook-
ups pursuant to'Section 10.D.
The City encourages co-location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub-leases. As stated in item 4, the City will receive
100% of all co-locate revenues.
J
28. UTILITIES. Electricity, BV AC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall
cooperate with Lessee in obtaining utility service.
29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property, excise leasehold, business and occupation, and/or
other taxes or licenses which may in the future be assessed as a direct result of the Lessee's
operations at the telecommunications facilities described herein.
30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and maintain the
following liability insurance policies insuring both the Lessee and the City, and its elected and
appointed officers, officials, agents, employees, representatives, engineers, consultants, and
volunteers against claims for injuries to persons or damages to property which may arise from or in
connection with the exercise of the rights, privileges, and authority granted to the Lessee:
A. Comprehensive general liability insurance, written on an occurrence basis,
with limits not less than:
(1) $2,000,000.00 for bodily injury or death to each person;
(2) $2,000,000.00 for property damage resulting from anyone accident;
and
(3) $2,000,000.00 for all other types ofliability.
B. Automobile liability for owned, non-owned and hired vehicles with a limit of
$2,000,000.00 for each person and $2,000,000.00 for each accident;
c. Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.00;
(
D. Comprehensive form premises-operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than $2,000,000.00;
LEASE AGREEMENT - 10
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 an endorsement
designating the City, and its elected and appointed officers, officials, agents, employees,
representatives, engineers, consultants, and volunteers as additional insureds, to the City prior to the
commencement of any work or installation of any facilities pursuant to said Lease. Any deductib1es
or self-insured retentions must be declared to and approved by the City. Payment of deductib1es 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 coverage 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.
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
LEASE AGREEMENT - 11
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 ofthe 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 connecti<;m 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, system or integral part
of a system shall be assigned or transferred before construction of the telecommunications facility
has been completed.
LEASE AGREEMENT - 12
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,
teclmical, financial, and other requisite qualifications to own, hold and operate the
telecommunications facility pursuant to this Lease.
E. Unless otherwise provided in this Lease, the Lessee shall reimburse the City
for all direct and indirect costs and expenses reasonably incurred by the City in considering a request
to transfer or assign this Lease. No approval shall be deemed approved until all such costs and
expenses have been paid.
F. Any transfer or assignment of the lease, system, or integral part of a system
without prior written approval of the City under this Section or pursuant to the Lease shall be void
and is cause for revocation of the lease.
G. Lessee shall make no assignment or transfer of this Agreement without
obtaining the written consent of Lessor, which consent shall not be unreasonably withheld.
34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions
which singularly or collectively result in a change of 50% or more of the ownership or working
control of the Lessee, ofthe ownership or working control of the telecommunications facility, of the
ownership or working control of affiliated entities having ownership or working control of the
Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the Lessee's
telecommunication system, facilities or substantial parts thereof, shall be considered an assignment
or transfer requiring City approval pursuant to Section 33 hereof. Transactions between affiliated
entities are not exempt from City approval. The Lessee shall promptly notify the City prior to any
proposed change in, or transfer of, or acquisition by any other party of control of Lessee' s company.
Every change, transfer, or acquisition of control of a Lessee's company shall cause a review of the
proposed transfer. In the event that the City adopts a resolution or other appropriate order denying its
consent and such change, transfer or acquisition of control has been effected, the City may cancel the
LEASE AGREEMENT - 13
Lease. Approval shall not be required for mortgaging purposes or if said transfer is from the Lessee
to another person or entity controlling, controlled by, or under common control with the Lessee.
35. REVOCATION OR TERMINATION OF LEASE. The Lease granted by the City
to use or occupy public ways of the City or City property may be terminated for the following
reasons:
A. Lessee's construction or operation in the City orin 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.
LEASE AGREEMENT - 14
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.
38. NOTICE OF ENTRY ON PRIV ATE PROPERTY. Ifdirected 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 fo be performed shall be physically posted, at no expense to the City,
upon the affected property by the Lessee. A door hanger may be used to comply with the notice and
posting requirements of this Section. The Lessee shall make a good faith effort to comply with the
property owner/resident's preferences, if any, on location or placement of underground installations
(excluding aerial cable lines utilizing existing poles and existing cable paths), consistent with sound
engineering practices. Provided, however, that nothing in this Lease shall permit the Lessee to
unlawfully enter or construct improvements upon the property or premises of another.
39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable federal,
state, and local safety requirements shall, at all times, employ ordinary care and shall install and
maintain and use commonly accepted methods and devices for preventing failures and accidents
which are likely to cause damage, injury, or nuisance to the public and/or workers. All structures and
all lines, equipment and connections in, over, under, and upon the streets, sidewalks, alleys, and
public ways or places of a Lease area, wherever situated or located, shall at all times be kept and
maintained in a safe, suitable condition, and in good order and repair. The City reserves the general
right to see that the telecommunications facility of the Lessee is constructed and maintained in a safe
condition. If a violation of the National Electrical Safety Code or other applicable regulation is
found to exist by the City, the City will, after discussions with the Lessee, establish a reasonable time
for the Lessee to make necessary repairs. If the repairs are not made within the established time
frame, the City may make the repairs itself or have them made and collect all reasonable costs
thereof from the Lessee.
40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the City
as a result of work done by or on behalf of user and shall indemnifY and hold the City harmless
against any and all expenses, including reasonable attorney's fees and court costs in connection with
any such lien.
41. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
LEASE AGREEMENT - 15
B. The substantially prevailing party in any litigation arising hereunder shall be
entitled to its reasonable attorney's fees and court costs, including appeals, if any.
C. Each party agrees to furnish the other, within ten (10) days after request, such
truthful estoppel information as the other may reasonably request.
D. This Lease constitutes the entire agreement and understanding of the parties,
and supersedes all offers, negotiations and other agreements. There are no 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
100 Oyster Bay Avenue N.
Bremerton, W A 98312
LESSEE:
USA Mobility Wireless, Inc.
Attn: Misty Jeffcoat
3000 Technology Dr., Ste. 400
Plano,.1X 75074
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
.43. i\ONDlSCRIMIN.\TlON. Lessee :;hall not lliscriminnte in employment nr sCt"vices
to the public 011 ,11.= hasis oCrace, color, national urigin. sex. r~ligion, age, m~uil~lI s[alus or dis:lbility.
except employment actions hnsed Oil a bO!1a.li,:lc: OCCllj1<lli'111:11 <jl1;\lilication.
LESSEE
Date:
--------
~._._------------_._-
By: Kathryn Wenrick
Its: VP, Technology Administration
CITY OF BREMERTON
Date:
CARY BOZEMAN. Mayor
, .
\PPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
1/
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II
U:t\St.: i\CiRJ::b\IENT . 17
State of
County of
)
)
)
ss.
On this day of , 20 , personally appeared
to me known to be the of the
, a corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he/she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of
Residing at
My commission expires:
State of Washington
)
)
)
S5.
County of Kitsap
On this day of ,20_, personally appeared Cary Bozeman
to me known to be the Mayor of the City ofBremelion, 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\FO RMS\ Telecommunication Facilities Lease. form. doc
LEASE AGREEMENT - 18
SCHEDULE A
USA MOBILITY WIRELESS
FOR
1925 E. CHERYL STREET
BREMERTON. WA
RX1
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183'
DA TE SUBMITTED: February 9, 2009
BILL # 0 q .... 055
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
6ft
........................................................................................
SUBJECT: Communications Tower Lease
Agreement
VeK';'t..O'() vJ il'-el-e..-S5
Committee Meeting Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
February 25, 2009
March 4,2009
Pub Works & Utilties//
~
Paul Lucas,~"Yr_";''''<_,_
473-2328
SUMMARY: Seattle SMSA Limited Partnership d/b/a Verizon Wireless has submitted a proposed
lease agreement for the City-owned communications tower located at 1925 E. Cheryl Street,
Bremerton, W A. Verizon is requesting a five-year lease with two five-year options to renew with
CPI included in the lease and a starting monthly payment of $1300.00 per month. Currently, only
one lessee is now on this tower and they are reducing their presence by two-thirds in the near future.
A TT ACHMENTS: Proposed Lease with Seattle SMSA Limited Partnership d/b/a Verizon Wireless.
FISCAL IMPACTS (Include Budgeted Amount):
year.
APPROVALS: ~
DEPARTMENT DIRECT~~'
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
Increased revenues to the City of $15,600 per
COMMITTEE CHAIR
COUNCIL PRESIDENT:
CONSENT AGENDA
GENERAL BUSINESS
PUBLIC HEARING D
RECOMMENDED MOTION:
Move to approve the attached lease with Seattle SMSA Limited Partnership d/b/a Verizon Wireless
and authorize the Mayor to finalize and execute the agreement with substantially the same terms and
conditions as presented.
COUNCIL ACTION: D Approve D Deny D Table
D Continue D No Action
From:Bill McKinney
To:Carol Etgen
Cc:Judie Carlson
Subject:FW: Verizon Wireless Lease @ 1925 NE Cheryl Street Tower
Date:Thursday, January 13, 2011 10:24:13 AM
Carol:
I did find some email correspondence between Paul Lucas and Andy King that indicated some concerns
on the Cheryl site. Please see below. Hope this will close this out. Now we need to find a new tenant!
Bill
-----Original Message-----
From: Bill McKinney
Sent: Thursday, January 13, 2011 10:21 AM
To: 'Andy King'
Subject: RE: Verizon Wireless Lease @ 1925 NE Cheryl Street Tower
Thanks, Andy. Sorry this did not work out for either of us. Please contact me if there are any future
projects of mutual benefit!
Bill
-----Original Message-----
From: Andy King [mailto:tmeridgrou@aol.com]
Sent: Thursday, January 13, 2011 9:28 AM
To: Bill McKinney
Subject: Verizon Wireless Lease @ 1925 NE Cheryl Street Tower
Bill- per your request, Seattle SMSA Limited Partnership d/b/a Verizon
Wireless never executed the City of Bremerton Telecommunications
Facility Lease to mount their antennas onto the City of Bremerton's existing lattice tower located at
1925 NE Cheryl Street in Bremerton and they do not intend to execute the lease at this location as the
site apparently does not meet Verizon Wireless' local RF coverage needs.
Please contact me with any questions regarding this email.
Andy King/The Meridian Group
1910 North 41st Street
Seattle, Wa. 98103
206 633 5659(office)
206 633 4985(fax)
206 948 9394(cell)
TELECOMMUNICATIONS FACILITIES
LEASE AGREEMENT
THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a
municipal corporation duly organized and existing under the laws of the State of Washington, as
Lessor (hereinafter referred to as "City") and Seattle SMSA Limited Partnership d/b/a Verizon
Wireless (hereinafter referred to as "Lessee").
WITNESSETH:
1. PREMISES. The City leases to the Lessee real property located at 1925 E.
Cheryl Street, Bremerton, W A, 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 compai1ies 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;
"Telecommunications provider" means and includes every person who provides
telecommunications services over telecommunications facilities without any ownership or
management control of the facilities;
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"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 ofthe 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.
5. TERM OF LEASE. This Lease shall be valid for a term of five year(s)
commencing March _,2009 and terminating March _ 2014.
Lessee shall have the option of renewing this lease for two (2) additional five (5) year
periods up to a total often years. Notice of renewal must be received by the City within six (6)
months of expiration of each five year term.
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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, aIld 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 date, or other City facilities located upon the City property subject
to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section
10.B.
8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,
landscaping and all other improvements, except telecommunications facility, shall become the
property of the City upon expiration or termination of the Lease. In the event that the City
requires removal of such improvements after termination of the Lease, such removal shall be
accomplished at the sole expense of the Lessee and completed within 30 days after receiving
notice from the City requiring removal of the improvements. Additional time may be granted
upon the discretion of the City which approval shall not be unreasonably withheld. In the event
that telecommunications facilities or other equipment are left upon City property after expiration
or termination of the lease, they shall, at the City's option, ifnot removed by the Lessee upon 30
days written notice from the City, be removed and stored at the expense of Lessee. Stored
telecommunications facilities that are not claimed by the Lessee within six (6) months from
termination of the Lease shall become the property of the City.
9. CANCELLATION OF LEASE BY LESSEE.
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
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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 Lessee 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 Three Hundred and No/lOO
Dollars ($1,300.00) 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. The City reserves the right to use its own
property and place equipment on its property on a not-to-interfere basis with Lessee's equipment.
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 consentshall 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 ahd 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 Lesse~ reserves the right to relocate City's
antennas at any time(s) to accommodate modifications required for Lessee's future system
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requirements, provided such relocation shall provide equivalent quality of service after such
relocation.
C. Rent Adjustment. On the fourth annual anniversary date of the
Commencement Date of the Lease ("Rent Adjustment Date") the City may adjust the rent due
under the Lease in accordance with the following procedure:
If the City chooses to adjust the rent, the Rent for the remainder of the Lease term
commencing on the Rent Adjustment Date shall be the Fair Market Rental Value. The term
"Fair Market Rental Value" shall be the rental rate that comparable space for a wireless
telecommunications facility (in terms of quality of location for a similar facility in a similar
location) would command on the open market at the time of Rent Adjustment Date. Such
amount shall be determined jointly by the City and Lessee through good faith negotiations. If
the City determines that a rent adjustment is warranted, it shall so notify Lessee in writing no
earlier than one hundred eighty (180) days prior to the Rent Adjustment Date and no later than
one hundred twenty (120) days prior to such date of the rental amount it proposes to commence
on that date. Lessee shall respond in writing no later than thirty (30) days from receipt of the
City's notice by accepting the proposed rent amount or if it determines that the proposed rent is
unsatisfactory, it shall propose a suitable rental amount. The City and Lessee shall thereafter
make a good faith and diligent effort to agree on the rent adjustment amount no later than thirty
(30) days after receipt by the City of Lessee's proposed rent adjustment.
D. Pursuant to Section 27 Lessee shall pay to the City 50% of any and all
sublessee rent for co-location on Lessee's tower.
11. AMENDMENT OF LEASE. Except as provided within the existing Lease, a
new lease application and Lease shall be required of any telecommunications carrier or other
entity that desires to expand, modify, or relocate its telecommunications facilities or other
equipment located upon City property. If ordered by the City to locate or relocate its
telecommunications facilities or other equipment on the City property, the City shall grant a
lease amendment without further application.
12. 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 information required by the City ofBremerton;
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;
D. A non-refundable application fee in the amount of Five Hundred and
Noll 00 Dollars ($500.00).
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The City reserves the right to extend the review period for the renewal application if
additional information is required.
13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the
Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has
been approved by the City.
14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to
substantially expand the initial configuration contained in Schedule A, Lessee will submit a new
application.
15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
rights hereunder are subject to the legitimate rights ofthe police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate
or maintain its telecommunications facilities so as to unreasonably interfere with the use of the
public ways by the City, by the general public or by other persons authorized to use or be present
in or upon the public ways. All such facilities which interfere with public ways shall be moved
by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public
Works and Utilities Director.
17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required
under/ the circumstances, provided the Lessee shall notifY the City as promptly as reasonably
possible, before such repair or emergency work commences or as soon thereafter as possible if
advance notice is not practicable.
18. MAINTENANCE OF LEASE FACILITIES. The Lessee shall maintain its
facilities in good and safe condition and in a manner that complies with all applicable federal,
state and local requirements. Lessee shall not permit waste, damage, or injury to the premises
including any City property, public ways of the City, other ways or other property, whether
publicly or privately owned, located in, on or adjacent thereto. Lessee shall not store any
chemicals, hazardous or otherwise, in the well head protection area. Lessee shall not restrict site
access to City. City shall have the exclusive right to inspect the Lessee's telecommunications
facilities and equipment at any time during the term of this Lease to ensure compliance with the
terms and conditions herein; Provided, however, Lessee has the right to be present at all
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.
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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
Additional time for removal or relocation may be granted at the discretion of the City
which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon
request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by
the City.
21. REMOVAL OF UNAUTHORIZED FACILITIES. Within 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 ofthe 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 construct~d 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
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/
Director, and all necessary permits must be obtained prior to such work. Upon authorized
permanent abandonment of the property of such persons in place, the property shall become that
of the City, and such persons shall submit to the City an instrument in writing, to be approved by
the City Attorney, transferring to the City the ownership of such property in which event, Lessee
shall have no further obligations or liability with respect to such property or facilities. The
provisions of this Section shall survive the expiration, revocation, or termination of the Lease
granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such
facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any
and all costs incurred by the City for facilities removal.
22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City
retains the right and privilege to cut or move any telecommunications facilities located within the
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result of the City's actions under this
Section.
23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the
willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall
not be liable for any damage to or loss of any telecommunications facility upon City property or
within the public ways of the City as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling, or work of any kind on such City
property or within the public ways by or on behalf ofthe 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.
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.
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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 1O.D.
The City encourages co-location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub-leases.
28. UTILITIES. Electricity, HV AC and telephone service, or other utilities are to be
provided to the Premises and Site at Lessee's expense and as outlined in Schedule A. City shall
cooperate with Lessee in obtaining utility service.
29. LICENSES AND TAXES. Upon commencement of the Lease, Lessee shall be
responsible for paying real or personal property, excise leasehold, business and occupation,
and/or other taxes or licenses which may in the future be assessed as a direct result of the
Lessee's operations at the telecommunications facilities described herein.
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30. INSURANCE. The Lessee shall, as a condition of the Lease, secure and
I1laintain 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
I1lay 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,
Viith limits not less than:
(1) $2,000,000.00 combined single limit coverage for bodily injury
and property damage resulting from anyone occurrence;
(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 per occurrence;
(3) $2,000,000.00 per occurrence limits for all other types ofliability.
B. Automobile liability for owned, non-owned and hired vehicles with a limit
of $2,000,000.00 for each 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, together with an
endorsement designating the City, and its elected and appointed officers, officials, agents,
employees, representatives, engineers, consultants, and volunteers as additional insureds, to the
City prior to the commencement of any work or installation of any facilities pursuant to said
Lease. Payment of deductibles and self-insured retentions shall be the sole responsibility of the
Lessee. The Lessee's insurance shall be primary insurance for Lessee's operations 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 in this respect. The City
shall be provided thirty (30) days advance notice of cancellation of any 90verages 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.
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DWT 12302303v2 0052051-000032
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 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 or willful misconduct 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 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/or 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;
(5) The submission of 'as-built' drawings after completion of the work
as required by this Chapter; and
11
BRESYLVANWAY
DWT 12302303v2 0052051-000032
(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.
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 ofthe 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.
12
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DWT 12302303v2 0052051-000032
H. Notwithstanding anything to the contrqry herein, the City's 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.
34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions
which singularly or collectively result in a cha11ge oC50% or more of the ownership or working
control of the Lessee, of the ownership or working control of the telecommunications facility, of
the ownership or working control of affiliated entities having ownership or working control of
the Lessee or of a telecommunications facility, or of control of the capacity or bandwidth of the
Lessee's telecommunication system, facilities or substantial parts thereof, shall be considered an
assignment or transfer requiring City approval pursuant to Section 33 hereof. Transactions
between affiliated entities are not exempt from City approval. The Lessee shall promptly notify
the City prior to any proposed change in, or transfer of, or acquisition by any other party of
control of Lessee's company. Every change, transfer, or acquisition of control of a Lessee's
company shall cause a review of the proposed transfer. In the event that the City adopts a
resolution or other appropriate order denying its consent and such change, transfer or acquisition
of control has been effected, the City may cancel the Lease. Approval
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 ofthe
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;
13
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DWT 12302303v2 0052051-000032
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.
38. NOTICE OF ENTRY ON PRIVATE PROPERTY. If directed by the City, at
least 24 hours prior to entering private property or streets or public easements adjacent to or on
such private property to perform permitted new construction or reconstruction, a notice
indicating the nature and location of the work to be performed shall be physically posted, at no
expense to the City, upon the affected property by the Lessee. A door hanger may be used to
comply with the notice and posting requirements of this Section. The Lessee shall make a good
faith effort to comply with the property owner/resident's preferences, if any, on location or
placement of underground installations (excluding aerial cable lines utilizing existing poles and
existing cable paths), consistent with sound engineering practices. Provided, however, that
nothing in this Lease shall permit the Lessee to unlawfully enter or construct improvements upon
the property or premises of another.
39. SAFETY REQUIREMENTS. The Lessee, in accordance with applicable
federal, state, and local safety requirements shall, at all times, employ ordinary care and shall
install and maintain and use commonly accepted methods and devices for'preventing failures and
accidents which are likely to cause damage, injury, or nuisance to the public and/or workers. All
structures and all lines, equipment and connections in, over, under, and upon the streets,
sidewalks, alleys, and public ways or places of a Lease area, wherever situated or located, shall
at all times be kept and maintained in a safe, suitable condition, and in good order and repair.
The City reserves the general right to see that the telecommunications facility of the Lessee is
constructed and maintained in a safe condition. If a violation of the National Electrical Safety
Code or other applicable regulation is found to exist by the City, the City will, after discussions
with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the
repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from the Lessee.
14
BRE SYLVANWAY
DWT 12302303v2 0052051-000032
40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the
City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
41. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B. The substantially prevailing party in any litigation arising hereunder shall
be entitled to its reasonable attorney's fees and court costs, including appeals, if any.
C. Each party agrees to furnish the other, within ten (10) days after request,
such truthful estoppel information as the other may reasonably request.
D. This Lease constitutes the entire agreement and understanding of the
parties, and supersedes all offers, negotiations and other agreements. There are no
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
100 Oyster Bay Avenue N.
Bremerton, WA 98312
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 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
15
BRE SYLVANWAY
DWT 12302303v2 0052051-000032
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:
Seattle SMSA Limited Partnership
d/b/a Verizon Wireless
By:
~
Walter L. Jones, Jr.
Its: Area Vice President Network
CITY OF BREMERTON
Date:
CARY BOZEMAN, Mayor
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
16
BRE SYLVANWAY
DWT 12302303v2 0052051-000032
State of
County of
)
)
)
ss.
On this day of , 20 , personally appeared
to me known to be the of the
, a corporation, that executed
the within and foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that he/she was authorized to execute said instrument.
In witness whereof I have hereunto set my hand and affixed my official seal the day and
year first above written.
Notary Public in and for the State of
Residing at
My commission expires:
State of Washington
)
)
)
ss.
County of Kitsap
On this day of , 20_, personally appeared Cary Bozeman
to me known to be the Mayor 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\ Telecommunication Facilities Lease.form.doc
Schedule A
Verizon Wireless Site Plan
For
1925 E. Cheryl Street
Bremerton, W A
PRqECf INFORMATION
'~:, q.".
..
.
verl7QplNireless
BR-ESYL v ANW A Y
1925 NE CHERYL STREET
BREMERTON, WA 98310
VICINITY MAP
PR" JF"C.T DF-SCRIPTION.
....ERlZOH WIRElESS (VN) P~P05ES TO CONSTRUCT AN UNSTAffEO Tn..ECOMYUNICATlONS rACIUlY CONSISTING OF A (.J)
SECTOR .6HTEI*IA ARRAY WITH (-4) AN1EN~ PER Su:iOR l.IOUNTEO TO .-.... f.:XISTlNG :1:18J'-0' ....G.L SELF SUPPORT
LAme€. lOWER Wffii PROPOSED VERIZON WIRELESS CABINETS ow 4'-0' )( 1&'-7" CO,.,CRETE SlAS AND A 3D KW
GENERATOR ON A +'-7" ~ "'--'\-" CONCRETE SLAe LOCATED NCAR THE BASE OF THE S,t..YE TOWER WITHIN AN [XISTING
fENCED CITY COWPOUND.
~
VERIZCH WIRElESS
3J50181ST"\lEHUESE
BELLEVUE. WI< 9800B
COHTACT: ~^ LEWIS
conE: Il'JmRMATION'
ZOHIHliI C\..ASSlFlCATlOH: UL (UR~N LOW RESlOEh'TlAL)
BUILDING CODE: 2005 IBC
CONSTllUCTICH lYPt: 11-8
OCCUP,\NCY: 5-2
JOOISDlCTlON: KnSN> COUNTY
CURRfIfT USE: mECOloll,4UNlCAllOHS FACIIJ1Y
PRCPO.'iED USE: lU[COWI,lUMCATIONS rM:IUN
TFI r.n r.mtPANY'
""'"
POWER COt.1PANY'
PSf
~ITE' lOCATION' (AA.<;FD ON NAD 83)'
lAlmJDE: 47 36' 07.5" N
lONOl1'UOE' 122' 37' 02.B' ~
,OP Of S'TRUClURE.-.o\.. t1S3.00' ACL
liASE Of STRUCTURE At,(SL: 470.7' A~SL
PAReFI NUr.lAFR(S)'
012401-\-067-2004
AREA OF PARCEL'
11.22 ACRES
PROJE'CT AREA'
24.2S.f.
NFW IlAPFRVIOUS AREA'
llJS.F.
PROJECf TEAM
PRO IFCT ARCHITECT
RICHARD B. HALL. AtA
PAClflC TELECOW SERVICES, lLC
566 FIRST AVENUE, S., SUITE 550
SfATfLE, WA 1i16104-
COHTACT: ROBfR, LEIGHlON
PH: (205) 484-4<102
tWIll: ,1.lghlonOplfi'o.com
PRn.IFCT COtllSl1I TANT
AWi kING
WERIO~W CROUP
11110 MORT1-l 41ST STREET
SEATTLE, WA 98103
PH: (206) 633-5659
PROPFR1Y OWNER'
CITY Of BREI,lERTQH
CONT,I,CT PAUL LUCAS
CIT'( Of BREMERTON PW MlIolIN WoNAOER
PH. (360) 47J-2J28
TOWER OWNER'
em' OF BRElolERTOH
34S6niST,SlE!OO
BREMERTON, WA 115J77
CO~ACT: PAUL LU~S
PH: (JIIO) 47J-2:.\28
~FNFRAI INFORI.1ATlON'
1, PARKING REQUIREloIOOS AAE l.INCHANGED.
2. TIWFIC IS U/lW'ftCTED.
J. SlCNAGE IS PROPOSW.
~PIb1l.a
-,-, ,
DRIVING DIRECTIONS
TAkE 1-IiIO WEST TO END Of FREEWAY AND PROCEED TO ElliOTT AVENUE AlONG THE WAIDl fRONT TO THE WASHINCTON
STATE F'fRRY TERMlI#L TAleE THE BREMERTOH fERRY AND UPON LEA'w'INO IN BRD.lERTON PROCEED NORTH ON
W.-.sHINGlON AVE AND TliEN LEFT O~ 11TH STREO AtlD PROCEED WEST ON l1TtI STREET umn. IWIRREN AVE. TlJRN
RIGHT AT WARREN AVE AND PROCEt':O NORTH, CROSSING THE BRIDGE AND DO ITS INTERSECTIO.... WiTH RIDDEll ROAD AND
IiE'AO EAST 0.... S'I'lVANW"y U~L ITS IHTERSEI:T1OW WITH FOREST DRIVE NE AHD TAKE A RIGHT ONTO FOREST DRIVE NE,
PROCEtO SOI.lTH TO THE END AHO TAA'E A RIGHT 0NTtl NE CHER"l'l STREET NolO HOO WEST TO THE LOCKED OORA~E
OF THE CITY YARD.
""IE
SIGNATURE
VERJlON:
l.ANOLORQ;
CONsn
5/-
R.F.:
ZONING:
ME:
R.f,:
THE INFORMATION CONTAINED III THIS SET OF CONSTRUCTION OOCUMEtfl'S IS PROPRIETA~ BY ,,"TURE m'f USE 011 DISCLOSURE O1liER THIIN ~T WItCH RELATES TO CARRIER SEfMCES IS STRICTLY PROHIBITED.
REVIEWERS SHAll ClEARLY PLACE INIT~S AOJr\COO TO EACH REOllNE NOTE ,o,S DAAWIHGS ,o,RE BfJOO REVIEWED
PROPRIETARY INFORMATION
TI-lE INF'OIlWlTION COHTAINED IN nus SET OF
CONSTRUCTION OOCUl.\ENTS IS PROPRIETARY BY WlTlJRE.
A1f( USE OR OISCLOSURE D1I1Ul 1lWl TIi/IT WHICH
RELATES TO CNlRIER SERVICES IS S'TRICT1..Y PROHIMEO
PREll MINAR Y
CONSTR_UCTION DRAWINGS
02.16.09
TO BE REVIEWlD / R.EDLINED &
SIGNED BY VERIZON W1R.ELfSS
DRAWING INDEX
LEGAL DESCRIPTION
~
N
~
SHEET
DESCRIPTION
NOR'Tt\WEST QU.l.RTER Of' THE SOlJTI-lWESf OIJARTER Of
THE NOR'THfII,ST QUI\RTEII, SEC110H I, TOWNS~P 24
NORTH, RANGE 1 EAS'T, W.I/., IN kITSAP COUNTY,
WASHIl<jGTON: EXCEPT THE NORTH 30 FEET CONYf:YEO fOR
fOREST DRl\IE EXTENSION UNDER AUDITOR'S nL.E NO.
7725~4
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TITLE SHEET
GENERIIL NOTES
GENERAL NOTES ol< SYMeoLS
SffEPt.m
ENLARGEO SITE. PlAN
NORTt\&WESTELEVA~S
EOUIPI.lENT ELEVATlON
COto/STRUr.nCH D!TAI\..'I
CONSTRUCTION DETAIlS
Rf INFORM"TION di: oETALS
ELECTRICo\L SITE PlAN 051: NOTES
SCHElAATlC GROUNDING PIAN
ElECTRlC/lLDOAILS
ABBREVIATIONS
IV' AIR CONomeHING H01l2 HORIZONTAl.. PLYWD PLYWOOD
AOL AElOYEflNISHCRAOE HR tlOUR '"OJ PROJECT
APPROX ,l,PPR())(IIAATf.lY 1fT HOGHT PROP PROPERTY
"'''' HEATING PT PRESSlJRi:TREATUl
(lLOG BUILOING VENTILATION REO REDUIREO
B1J( BLOCl(ltolC AIR CONOITIOHlNG R" ROau
S1fT SHEET
'" ,n"o .0 INSIDE DlA~ETER ". SIl.1lLAR
OUl C1.EAR .H INCH SPEC SPECIf'lCJ,TlON
CONC CONCRETE INfO INFQflW"ION SF SQUfoftE FOOT
CONST CONSTRUCTION INSUl INSOLATION SS STNNLESSSTEEL
CONT CONTINUOUS 'HT IHlERIOR '" STEEL
16' IlfTERW,TlOt./l.l STRUCT STRUCTURAL
D6L DOUBLE BUIlDING CODE STO STUO
D" OWolmR LBS POl>>.'DS SUSP SUSPI':NDED
D<All DIAGONAl
ON OOWN ..., lr,lAXlIoIUl.4 THRU rnROl.lGH
DE< DETAIL "ECH /dECW,NlCAl TNNO T1NMEO
DW' ORAWltolC "" IoIETAL NP TYP''''
"'" W,HtJfACTURE
" "'H "OR MANAGER UNO UNl~S HOTED OlHERWISE
mv ELEVAlION "IN MIHll.4UM
ELEe fllCTRICAl.. "0' ~ISCElLANEOUS "FIT VERTICAl
EO EQUAl. RO IroUGH OPENING W VERlfilHFlELO
EQUIP EQUIPMENT "' NOT APPLICIIBlE
E1<T EXTERIOR w/ w<rn
~o HOT IN COtHAACT W/O W1THOl.IT
ON RHISH HTS NOT TO SCAlE WP WATER PROOf
FLUOR FlOURESCENT
fUl F1.DOR 0' ON """'"
" FOOT OD OIJTSlDEOIAIdETER
... "^,,GE
DA1.V CI\LV,&,HIZED
" GOIERAL CONTRACTOR
GRNO GROUNO
GrPBD GYfSUI.l Wf\U BOARD
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PACIFIC TELECOM SERVICES,
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REVISIONS
". MR OEXllIf'OOH ,,~
..~ f'I'II!:Ut.lIN."V co S "~
,
HOT fOR CONSTRlJCTlDH UNlESS
IJJlEUll M> CONSTRUCllON SET
SHEET TITLE
TITlESHEtT
SHEET NUMBER
T-l
SfW..L NOTIFY rowER NETWORK CARRIER Of A~
. OR I~ONSlSTENClES AS THEY w.,y BE OlSCO'.'EREt)
Et{l5, NaTES, OR SPEClflCATlONS PRIOR TO STARTING
NOT lUTED BY. OEItIOLrnON. THE
NSIBLE FOR CORRECTlOO At/'( ERROR,
"'FTER THE START Of COHSmUCT\OH WHICH
HAS NOT BEEN BROUCHT TO THE ATTENTION OF TOWER NOWORK CARRIER
CONSTRtJCT1ON PROJECT lWWlER ANO SHALL INCUR AN'( EXPENSES TO
RECTIFY Tlif SITlIATlQH, THE I,lEAHS Of CORRECTING Nf"( ERROR SHALL
FIRST BE APPROVEll BY lOW(R NElWllftK CAARlfR CONSTRUCOON
PROJECT w.K.llGER.
2 PRIOR TO THE VISIT
THE JOB SITE
AFFECTING Ti'E
COl,ll,lENCEl,I
AWARDED THIS THE
CONSTRUCTION/COHTRAGT DOCIJN[IfTS TO VERIfY RElO CONOfTIONS ...,.0
CONflRW THAT THE PROJECT WIll BE ACCOlolPUSHED AS SHOWN PRIOR
TO PROCEEOlNC wfTlol CONSTRUCTlON, At<< ERRORS, Ol.lISSIONS, OIl
DISCREPANCIES SHALL BE altOlJCHT TO THE ^TTENTION OF ruE
ARCHITECT/ENGINEER VEllMt.LY .......0 IN wRmNG,
J. FOR COLLOCA.nON SITES: CONT"'CT TOWER OWNER REPRESENT^TIVE FOR
PARTlClPA'I1OH IN 010 WALJ(.
~. ORAWINCS "'RE 1iOT TO BE SCALm. WRfTTtN OllolEHSION5 T,f,XE
PREl':EDENCE, THIS SET OF [)()CUlolENTS 15 ImNDED TO BE USED fOR
ow;RAAlIMTlC PURPOSES O+/LY, UNLESS NOTED OTHERWISE. TliE
GENE:ftII,L COHTRACroR'S SCOPE OF WORK sw,LL INCLUDE FURNISHING
ALl W,TEAlAlS, EQllIPl.IEHT, 1..A80R, ~D AtIY REQUIREI.l[WTS; OEEl,IED
NECE'SSAR'f TO COr.l?l.ETE PROJECT AS DESCRIBED IN niE ORAWINGS
,lND OWNER'S PROJECT ..,.,NUAL.
5. TIlE AHCHITECTS/ENGUEERS H/oVE MADE EVERT' EffORT TO SET flJRTH IN
THE COHSTRlJenoH AND CQNTR.tCT DDCUl.lEtITS THE COl.lPLETE SCOPE OF
WOf!/(. COtrnW:TORS BIOOING THE JOB ARE NEIJEllmELESS c,&,unONEO Ttt,ol,T
I,IINDR OJ.lISSIONS OR EflROflS IN TH( DR1.WINCS AND OR SPECIFlCATIONS
SHALL '''1)1 EXCUSE SAID CONTJW:TOR fRD!.l CO~PLETlNa THE PROJECT AND
IMP~WEtfTS IN ACCOROA~CE WITH mE ImENT OF nlESE OOCUl,lENTS.
mE 8lDOEiI SHAll BEAR THE fl'ESPOHSlBIUT'l' OF NOTlNINC (IN WRInNG)
1HE AItCHlTECT/ENGWEER Of'" 4tf( CONflICTS, ERRORS. OR Ol.USSIONS PRIOR
TO SUBIIISSlOW or CONTRAC:TQR'S PROPOSAL IN THf EVENT OF
DISCREPANCIES THE CONTRN;:TOR SH.\Ll PRICE mE MORE COSTlY OR
OOEHSlYE WORI(. UNU:SS Dlfl'ECTED OTIiERWISE.
&, Dfl'AlYlNOS NlE NOT TO BE SCAlED UNDER Am C!RCUr.lSTNolCE. TOWER NETWOIO(
CARRIER IS NOT RESPOHSUlLE fOR All'( ERRORS RESULTING FROIo4 THIS PRACTlCE
WRmEN DIWENSIONS lAKE PRECEDENCE OYfR SCAlE SHOWN ON PLNlS.
7. OWNER. CONTRA.ClOfl. AN) TO'HfR NEl'nORK CHUllER CONSTRUCTION
PROJECT ......I4.l.GER SHAll. WEEr JOINTLY 10 VERIFY AU. OAAWINGS AHD
SPECIflCAOOWS PRKlR TO THE START Of CONSTRUCOON.
II. THE GENERAL CONTRACTOR Stw..L RECEN'E WRlTIEN AUTHORlZAnOH TO
PROCEED WJ1'H COHSTRUCT):lN PRIOR TO STAATlNIOl WORK ON A~ I1EM NOT
ClWlLY DEFINED BY THE CQNSlRUC110N DRAWIHGS/CONTAACT DOCUI!IOlTS.
ll. THE CONTRACTOR SH4U.. PERFORW WORK DURING OWNER'S PREfERRED
HOURS TO ...VOID OISTURaING 140fll.l...... IIUSlNESS.
10. THE CONTRACTOR StW.l. PllCMDE TOWER HETVlORK C/lRRIER PROPEJI INSURANCE
CERTIFIC",TES twtllNG TOWal NETWORK CAARIER AS AODmOHAl. INSURED. AND
TOWER ~K CARRIER PROOf OF UCENSE(S) AND PE . PO INSUR.A.HCE.
11. THE CONTRACTOR SIW.L SUPEfMSE "'NO DIRECT THE PROJECT DESCRIBED IN
nf( CONTRACT DOCUWOOS. THE COHlRACTOR SH.-.a.1. BE SOLa.V
RESPONSI8LE FOR AU CDNSTRVCTlON wEAHS. METHODS. TECHNIOUES,
SEOUENCES. AHD PROCEDURES FOR COOflOlNATING AU. POROONS Of THE
WORt( UNDER niE COIlTAACT,
12. TliE CON"TRACTOR SHALL ItlSTAU AlL EQUlP!.4EHT AND r.lATERLALS
,l,COOROlNO TO ~UFM:TURER'S/VOlOOR'S SPECIFIC...TIONS UNLESS NOTED
ornERWlS~ OR WHERE LOCAL COOES OR OROItUoNCE5 TAKE PRECEOEt<<:E.
IJ. AU. WORK PERfORhlEO ON niE PftOJECT AND NATERJ.O.lS INSTMllD 5H11LL
BE IN STRICT ACCOR
ORDINANCES. CO
l
OF THE WORK.
1~. CENERAL CONTRACTOR SHALL PRO'o'IDE, AT !HE PROJECT SITE, A FUll.
SET OF COHSmUCTIOH DlXUt.lEIfTS UPDATED WfJH Tl-lE LATEST RE\'1SIO~
AHIl ADDENDA OR CI.ARM'IC\T1ONS FOR USE BY ALL PERSONNEL IIMlLYEO
WITH THE PROJECT. THIS S'ET IS A VALID CONTRACT DOCUlAENT ONLY If
THE ml.[ SHEET IS ST~PE(l "roll CONSTJIUCTlON- NolO fACH
SUCCESSIVE sllm BEARS TtlE N1CHlTECT'S SIGHEO ViET STAMP.
22. oIil EXlSnNG COHSlRUCTlQN, EQUlPUENT. AND flHISHfS Ncm:D TO BE
REIolOYm SIiALL BECOI.lE THE PROPERlY Of THE CONTRACTOR ~D WILL
Bf. REt.lOVED FIl01ll THE SITE WITH THE fOLLOWING EXCEPTlONS:
.... PROPERTY NOTED TO BE RElURNfQ TO THE OWNER.
B. PROPERTY HOTED TO BE REMOVED BY THE OWNOl
2J THE COYERNING AGENClES, COOE AUTliORmES, AND BLllLOING INSPECTORS
SHAlL PROYlDE: THE ~INII.1UIIl STANDARD5 FOR CONSTRUCTION TECHNIQUES,
lAATERLALS, ,oI,tlD FINISHES USED niROlJGHOUT mE PROJECT. TAADE
STAHCWlDS MD/OR PUBU*D IoIANUf,\CT1JRERS SPECIf1C11.TIONS ldEETING
OR EXCEEllING DESIGN REOUIREUEHTS SH./ILl BE USED FOR IJISTAUATIOH,
24. WHEN REQUIRED STORAGE OF lIlATERIALS OCCURS. niEY SIW.L BE EVENLY
OISTRIB\JTED O'lIER ROUGH fllAl.IED FlOORS OR ROors so AS NOT TO
EXCErO THE DESIGNED LIVE LOAOS fOR THE STRUCTURE. TEIolPORAAY
SHORING AND/OR BAACING IS TO flE PROVIDED WHERE mE STRUCTURE w.s
NOT ATTAINED TIlE DESIGN STRENGTH FOR THE CONDmOHS PRESEKT,
2~. PRIOR TO THE POUIIING OF A~ NEW
CONlfWJTOR SHI\lL VERIFY
IJIPMENT WHICH "'RE TO
~ AS PART Of THE "'::;-BUILT DRAWING PACKilG(.
26. SEAL AlL PENETRATIONS Tf-flOUGH FlRE-RATED AREAS WITH U.L USTED OR
FIRE MAASHAU. "'PPROVED t.lATrRLALS IF APPUCt.BL.E TO 'THIS Ffo,ClUTY AND
OR PRO,IECT Silt.
27. BUIU)!NG INSPECTORS AND/OR ornER BUILDING OFflCw..C; ARE TO BE
NOTIFIED PRIOR TO A~ GRADING, CONSTRUCOON. AND JH( OTHER PROJECT
EFFORT AS IAAHDATED BV THE OOYtRNING AGENCV,
211, CONTRACTOR TO PROYIDE A PORTABLE flRE D:~GUlSHER WITH A AATING OF
NOT LESS THAN 2-A OR 2-Al06C Wl1lIlN 75 FEET TRAVEL DISTANCE TO
AU. PORTIONS Of PROJECT AREA DURING CONSTRUCTION,
29. THE PROJECT. wtlEN CO"'PLETID. SHAI.L CO~PlY WITH LOCAL SECURITY
CODES AND T1T1.E-2~ ENERGY CONSERVATION REQUIR(l,lEtfTS. (TTTtE-24
WHEN APPLICABLE)
30. ALL G~S AHD IJIAZIHG IS TO COr.lPLY WITH CfW'n:R 54 OF THE u.s,
CONSUlolER WEn' COI.lIollSSlON - 5AfTIY S'W<(DNlDS fOR MCHrrrcruRAL
GlAZNG WoTfJlW,S (42 FR 1-42a. CFR PART 1101) MD LOCAL SECURITY
RfQUlREJ.IEtofTS.
Jl. CONTRACTOR 5Hr'.U l,W([ NECESSARy PROVISIONS TO PROTECT ElaSTING
Il,IPROYEI.IEHTS. El>SElolENTS, PAYING. CURBING. ETC. DURING CONSTRUCTION.
UPOH COMPl.fTION OF WORK, CCltITRACTOR SHAll. REPAIR N<< DAldAGr
THAT r.lAV HAVE OCCURRED DUE TO COHSTRUCTlOH ON OR ABOlJT THE
PROPOITI'.
32. CONTRACTOR Sl-W.l KEEP GENDW.. WORK "'REA CLEAH AND HAZARD fREE
DURING CONSTRUCTION AND DISPOSE or ALL DIRT. OEllRIS, AND RUBIIISH.
CONTRACTOR SHALL REWOVE [QIJIPWEKT MOT SPECIfiED AS RElMINIHG ON
THE PROPERTY OR PRElAISES. SITE SIW.l.. BE LEFT IN Cl..f'AH CONDillON
AHO FREE fRO'" PAINT SPOtS. DUST, OR SMUDGES Of AIff ......TURE.
JJ. NEW CONSTRUCTION ADDED TO EXISTING CONSTRUCllON SHAlL IdA.TCH IN
FORhl. TElffiJRE:. FINISH. AI<<) IN t.lATERW,S EXCEPT ,..::; NOTED IN THE PlANS
AND SPEClRCATIONS
J4. mE COIfTRACTOR SHAll PROVIDE ALL NECES$liRV BACKING. BLOCKING,
.'.NO/OR Sl.H.'iES REOUlRED FOR THE INSTALlJ.TION Of fiXTURES,
WECHAMICAL EOUlPl.lENT. PLUI.lBING. HARDWARE, AND fiNISH ITnlS TO
IHSURE ... PROPER ANO COMPLETE JOB.
Js. Tt-I: CONTRACTOR IS RESPONSlllLE FOR PRO\IIOlNG A Pf!()..E:CT lE.\IEL.
STItAIGHT. AND TRUE ACCORDING TO THE PtNoIS. THE CONTfl'ACTOII SHAll
COMP"'RE THE UNES AHO LEVELS Of THE D:ISTlNG COHOfTIONS W1TIl THOSE
SHOWN ON THE PUlNS PRIOR TO THE START OF ~ CONSTRUCTION. TOWER
NETWORK CARRIER SHALL BE NOTlFlED OF N<< ERRORS. Ol.lISSIOWS, OR
IHCONSlSTENClES PRIOR TO Nil' CONSTRUCTION,
JlI. THE: COWTRACTDR IS TO PROVIDE PROTECnON FOR ADJOINING PROPERTIES
FROI.l PHYSiCAl HARL4, NOISE. OUST. DIRT. AHD FIRE AS REOUIRED B'l' THE
OOYERHING AGENCIES.
J7. WHERE SPEClAED. IMTOIW,S TEsmm SI-W.L BE TO THE LATEST STANQ,l,ROS
MID/OR REVISIONS AVAIlAaLE AS REQUIRED fJ'( THE GOYERNING AGEHCV
RE'SPONSIBLE FOR RECOROING TH( R(SUlTS.
JB THE COHl'RACTOR IS RESPONSIBLE fOR THE STORAGE Of AlL W.TERI"'LS
AND SHAlL NOT 00 SO ON PUBUC PROPERTY WTT1'IOUT A PERhlJT TO 00
so fROl.l THE OOV(R)ojING AGOIClrS FOR nilS PURPOSE.
Jll. GENERAL NOTES AND STANOAAD DETAILS ARE TIlE l.lINlhlUt.I AEOUlREl.lENTS
TO BE USED IN COODITIONS WrtCH NlE NOT SPECIFICALLY SHOWN
OTHERWISE.
40. TRADES IH'VOLVED IN TIlE PROJECT SHAl.L BE RESPONSIBLE FOR TIlEiR
OWN CI1mNG. fTTTlNG, PATCHING. Em., so AS TO BE RECEIVED
PROPElIlY BY THE WORK Of 0TIf:R TAAOES.
41, AU. DEBRIS AHD IIEfUSE IS TO BE RfNWED FROt.I THE PROJECT PREMISES
~O~l:iJ~l~:r: P~~JBR~~ :~HJo~~~~ ~TE Ai,bR~~ES
"'i, GO<ERAL CONTRACTOR IS TO CODRDINATE All POWER IMST...UATlON
WITH PO'l'lER COI.lP.w1 AS REOOIREO. COHTR4CTOR TO REPORT POWER
INSTALLATION COORDINATION SOLUTIOH(S) TO NEliYORK CARRIER
REPAESEKT"'TI'IE. PRD.JECT COHSTRUCOON WlNAGER ,l,HD AACHITECT
50. mr SUBSTITUTIONS Of MATUllAlS ANOjOR EQOIPl,lENT, r.lUST BE
APPROVED BY TOWER NETYIORK CARIlI(R CONSTRUCTION MAWlGER.
51. THE GENERAl CONTRA.CTOR SIi4LL BE RESPONSIBLE FOR ~D SHAll RELlEO'l'
AU FAULTY. INfERIOR. ~D/OR Ir.lPROPER W.TEfW<lS, ~w.GED GOODS,
~JEF~TYAC~~::r:~ISO~~J,l~u~ ~~E~R~~~~
IN THE CONTRACT BETWEEH THE OWNER "'NO THE CONTRACTOR.
(EXCEPTION) TIlE ROOFING SUBCONTRACTOR SHAll fURNISH A MAlNTEKANCE
AGREEMENT FOR AU. WORK OONE, COSlGNOO BY THE GEt.lERAl CONTAACTOR.
TO w.lHTAlH THE ROOfING IN A WATEHTlGHT CONomON FOR A PERIOD Of
TWO (2) YtARS START1NO AFTER Tlit OATE Of SUesrANT1Al. COIolPlETlON OF
THE PRD.JECT, UNLESS OTIlERWISE WRfTTEH IN mE COH'lWrCT BET\Ir'[EN THE
OWNER AHD THE CONTRACTOR,
S:1. THE COIfTRACTOR SIWl. PRCNlDE ",OEQUATE PROTECTION FOR TIlE SAFETY
OF THE OWNER'S EMPl..O'I'EES, WORKMEN. AHD AI.l. TIMES DURING niE
CONSTRUCTION Of THE PROJECT.
5J THE COtnRACTOR SIW.1. BE REQUIRED TO PAY fOR AU. NECESS.o.R'Y PERLllTS
AND/OR FEES WITH RESPECT TO THE WORK TO COhlPLETE THE PflOJECT.
BUILDING PERt.l1T APPUCo\TJQNS SHAll BE Fn..E0 BY THE OWNER OR HIS
REPRESENTAmE. COHTRACTOR SHAU. OBTAlN PERt.l1T AND IolAKE f1IoW.
PAYlolEHT FOR SAID DOCUl,lEKT.
~. TliE: ARCHITECT/ENGINEER IN CHARGE SW,LL SIGN IINO SEAL ALL DRAWINGS
AND/OR SPEClflCATIONS.
55. TOWER NETWORK CARRIER WILL REVIEW 1M) APPROVE SHOP DRAWINGS AND
SA~PlfS FOR CONfORl.lANCE wrTH [)(SIGN CONCEPT". TOWER NOWO/lK
CARRIER PROJECT M'PROVAl OF A SEPARATE ITEM SHALL NOT INCLUDE
APPROVAL OF Nt ASSEJ.IBLY IN WHICH THE I1E1ol FUNCTIONS.
511. ALL ANTIONHiIS l.IOiJNTED ON ROOF SUPPORT fRA/.lES TO BE PROYlDEO BY
TOWER NOWORK CARRIER COMt.lUNICATIONS.
57. CONTRACTOR TO PRlNIDE TRENDi AS REQUIRED TO INSTALL BaTH
ElECTRiCAl ~o TELEPHONE UNOfRQROUND COHOUlTS (140 PVC) PER S.C.E.
WORKOIlO(R. BoICKFU. Willi CWH SAND AND CDr.lPACT TO niE
s,+,TlSF,lr,CTIOH OF l11E OIST1tlGTS INS~TOR. REPLACE Fl';ISH ORADEWfTH
WATCHING IAATER~(.5 (GRASS. ASPHALT, CONCREIT, Em)
5/1. COHTR^CTOR TO PROVlllE H(A\I'l' STEEL PlATES AT OPEN TRENCHES flJR
WITY AND TO PAOTttT EXISTING GROUtKl SURfACES FROIol HEAyY
E'QUIPI.lE:NT UTILIZED DURING COHSTRUCTlOH.
59. CONTRACTOR TO P...TCH AHD REPAIR AU. GROUND SURFACES WITHIN mE
COKSTRUCTlOH AAEA AS NECESSARY TO PRCMOE A UNIFORM SURFACE AND
r.lAINTAlN EXISTING SURFACE DRANAGE 'SlOPES.
150, COHQW:TOR TO REPlACE I..ANDSCAPE VECET"'TION nt,.o,T WAS ClAMAGED DUE
TO CONSTllUCTION, AND TO ,",OOlFY RD.WNIHG IRRIGATION LINES TO
OPERATING COMDmOH. PRCMOING ruu. COYERAGE TO IMPACTED AREAS
61. IN THE CASE OF ROOFTOP SOLUTIONS fOR EQUIPMENT AND/OA .wrENit'.
FRAMES WHERE PEHEIRATION Of EXlSUNG ROOflNG lAATERWS OCClJR.
T11E GEHERAL CONTRACTOR SIW.L COOIIDlNATE WITH 8UI.D1NIl OWNER AND
BUILDINC ROOFlNG CO~R Or RECORO FOA INSTAllATION. PATCH,
REP,<Jt Ofl At<< AUGWENTATlOH TO THE ROOF. AND HoWE nit' WORK
GlJAAANTEED IJNOtR TIlE ROOFING COtflRACTOR'S WARfW.I1'f fOR l,IOISTURE
POlETAATlON OR AND OlliER fUTURE BREACH or ROOfING INTEGRITY.
152.. IN THE CASE Of ROOfTOf> SOLIJODNS WITH 'THE INSTAU.AOON OF ANTEN~ \lMHN
CONCEALEtI (SIflOUOED) SUPPORT FRAI.IES OR TRIPODS. niE GENEAAL CONTRACTOR
SHALl. COORDtHATE WITH mE fRp DESlGNEJI/FABRIc,&,TOR TO ENSURE THAT THE ANAL
EXIST1~EXITRIOR
COtfTRACTOR SHALl.
\ 63, IN THE CASE Of ROOfTOP SOWTlONS FOR EOOIPhlEHT AND/OR ANTOlNA flWolES
WHERE '-'NCHORING TO A r:Ot<<;RETE ROOf' SlAB 15 REQUIRED. CONTRACTORS SIW.L
~~FiAR~H~~~ J& ~~~~'t' o~IO~~V~~~~~Lrr~~c.fsN~m:I~nW:E c~ggr:r:~R _
RESULTINC FROIol AH UNOOCUI.lENTED {)[SIGN CHANGE IN THE ElUSTING 8lJILDING
-AS-BUilT DRAWING sET" - HAvtlG INDICATED AN ORIGINAL DESIGN SOLUTION Of
RElNflJRCEO CONCRETE w/ EMIIEDDED STriL REBAR IN THE EVENT POST TENSION
SLAB sownow IS PRESENT. CONTTW:TOR SlW..l INCWOE PIIOVISlONS FOR :':-RAY
PROCEDURES (INCWDED IN BID) fOR ALL PENETR...TION NlEAS WHERE ANCHORING
OCCURS.
~.... GEHERAL 6: SUB CONTRACTORS Stw.l. USE SToIJNlESS STEEl.. "'ET~ LOCKING TiES FOR
ALL CrI.BlE TRAV TIE DOWNS .tIlD AlL OTHER GEHERAl.. 'TlE DOWNS (wHERE
APPLICABLE). PLASTIC ZIP l1E5 Stw.l. NOT BE PERr.lITITD FOR USE ON TOWER
NETWORK CARRIER PROJECTS. RECOWMEI<<lETl ~UFACTURE Sl-W.L BE: PANDUff CORP,
!.lET...... LOCKINC TIES I.lODEl NO. IoILT4S-CP UI<<)ER SERI€S-JD4 (OR EQUAL). PANDurr
PRODUCT DrSTRIBUTEO BY TlMRC.
+2. TOWEA Nr.TWOflK CARRIER DOES NOT GLlARANTEE ...t/'( PRODUCTS, flXTURES, 115. AU.. WORK TO BE DONE BETWEEN HOORS Of 0.00 AM AND 5'00 PIoI, EXCWDING
AND/OR AIff EQUIPl.IENT NA"'ED BY A TRADE OR lMNUfACTURER. CUARANTEE HOIJIMYS
OIl W"'RRAIffi' lH'lT 'MAY BE IN EFfECT IS DONE SO Tl1ROUGtl THE COWPAHY
~L~~[~~~ovr~c:':~n:81~O~CltI:W,:fvlOtaND~ORTH~OUIPMENT
COHTRACTOR/SUBCONTRACTOR III WRITTEN FORh4. .
4J. CAUTIONI CALL BEFORE YOU DIGI BURlED UTIUT1ES EXIST IN Tt-l[ AREA
AHO UTILITY INFORIMTION SHOWN lAAY NOT BE COt.IPLETE. COKTACT
lHE ONE-CAll UTILITY LOCATE SERVICE A "'~1MlM OF 43 HOU~ PRIOR
TO CONSTRUCT10N. 1-000-424-5555.
+4, CONTRACTOR TO REPLACE AND/OR REROUTE Nrf EXISTI~ UNDERGROUHD
UT\L.mES OlCOUN'TEAED CUFIIHG TRENCHING AND CENERAL COHSTllUCT10N.
~ O~~E~T~ ~~s~JLci ~~~~K ~~~N:Rr~:k
AS-BUlLY DRAWING RECORDS.
1&. THE STRUGlUIW.. COl.lPONENTS Of ,l,[),p.CfHT COHSTftUCTION OR FN:IJT1ES
ARE ~ TO BE AlTERED IN THIS CONSTRUCTION PROJECT UNLESS NOTED
aTHERWISE.
17. THE COIllTRACTOR StlAU STUDY THE STRUCTURAL. ELECTRICAL, l.lECHANICAl.
AND PWlIIBING PlANS AND CROSS CHECK THEIR DETAILS. NOTES,
DIMENSIONS. AND ,ILL RD:IUlREl.IDffS PRIOR TO THE START Of Am WORK
111. THE COHTRACTOR stlALl lIE RESPONSiBlE flJR Tl1( COWP1EIE SECURITY or
Th'E PROJECT NlO SITE WHILE THE WORK IS IN PROGRCiS ~Tll TltE JOB
IS CDl.lPLETE.
Ill. TliE CONTRACTOR HAS TH~ RESPONSIBl.fTY OF LOC...TING "'LL EXISTlNQ
U1JunE'S WHETHEA OR HOT SHOWN ON TliE PLAHS, AND TO PROTECT THEl,i
FROM DA.....GE. niE COIfJl!1l.CTtlR. OR SUBCOHmACTOR AS SPECFIED IN DiE
AGRtDlENT BCTWEOf SUBCONTRACTOR AND CONTRACTOR. SHAll BEAR THE
~6~~ ~~~{~T1O~:~~tillsJ~T1~~ ~~O~~tmON
OF Tt<< WOIIK,
20. THE RE:fERENCES ON THE DRAWINI:iS ARE: fOR CO~IENCE ONLY AND
'SHALL NOT Uldrr THE APPUC......ION OF Nf'( DRAWING OR DEToIJl.
2\, ALl DIt.lENSlONS ON THE PlJ,NS ARl TO FACE Of STUD (r.o.s.) I,/HLESS
NOTED ornERWISE (U.N.O.).
TIlE IHfORl.IAT1ON CONTAlNEO W lHlS SET OF CONSlRUCTION OOCUl,IDHS IS PROPRIETARY 11'1' NATURE. JH( lIS( OR DISCLOSURE OTHER TI-WI THAT WHICH R(Ll1TES TO CARRIER SERVICES IS STRICTLV PROHIBlTEO.
45. CONl'Ro'lCTOA m LOCATE m unUTlES PRIOR TO Pl..ACEloIDlT OF I.lONOPOlE
FOOTING .-.HD OTIlER STllUCTURES m B( PlACED IN OROUND SEE GENERAL
NOTE 16 ON THIS SHEET.
41S. SEE CML OIlo\WlI<<>S fOR ADOfTIOKI.l srr( INroRW.TION.
"'7. COtfTRACTOR TO OQCUIolEIfT AU. WORK PERfOHI,\ED WIlli PHOTOCiRAf'115 AND
SU&lfT TO TOWER NETWORK CARRIER AlONG 'fflTH R(OUHED CONSTRUCTJ()N SU.
oHI. CONTRACTOR TO DOCUMENT AU. CHANGES /,lADE IN niE flELD BY t.lARKING
~~JrNE~~~~THia~~R=~Nm~O~~~ ~P~~r:nNG THE
ELECTRICAL SPECIFICATIONS'
~
VSTlZS!!Jwireless
1. CO"'PLY wmll}lE UlTEST EomON Of' TH( IIfltRH.\T1ONAl BUlLOI~ CODE.
THE R(QUIREldfN'TS OF ALL ",PPlICABLE IdlJlolICIP...L AHD ST"'TE CODES AND
IlEmJlATIONS, AND UllLrTY GUIDtUNES.
2. PERFORIol ALL YERlflCATiON, OBSUl......TIONS. TESTIND AHa EXAIolIKATION OF
WORK PRIOR TO niE OROERIHC OF ELECTRICAl. EOUIPl.4EIIT AIoIO THE ACTUAl
COttSTRUCTlON ISSU(... WRfTTEN NoncE OF AlL FINDINGS TO THE
CONSTRLlCTlON t.WfAGER LISTING "'LL r.lALFUNCTlOHS. F"'ULTY EOUIPMOfT AND
DISCREPANCIES.
J. UNOERGROUND CONDUIT SIW.L BE RIGID POLYVINYl CHLOfllDE CONDUIT:
SCHEDVIL +0 CONfGAMING TO lK. NmCLE ISS I: WESTERN Pl.ASl\CS OR
CARBON IMHLFACTURER. COUPUHCS SHAll. B( SUP-ON SOlvtHT S(Al(O T
PIPE; SOlVENT, YfESTERN TYPE CDMPATlBLE '/fTTH PYC tit/CT. N..l BEHDS
Stvlu. BE JO" t.lINll.lUl.l fW)fl)S.
.... NEl.JTRAl SfiI,LL B( COLOfl COOED, INSl1L.AOON Srw.L BE CIIOSS-UNKED
POLYfJHYLEHL
~. COIffiW:TOA TO CONTACT AU. l1TlunES FOR LOCATION OF
UNDERGROUND SERVICES. SERVICE LOCATlONS TO BE CONfiRMED PRIOR TO
COHSTRUCTION
1I. THE CONTRACTOR IS IIESPQNSIBl.E FOR AlL PERMlTTJNO. f1JNG, AND fEES IN
COHJUHCT1ON WTTH THE PROJECT.
7. THE CONTRACTOR SIW.L SCHEOULE "'LL NECE~!iARY INSPECT10HS WlTIi THE
PROPER MJ'THORmES AND INfORhl VERllON WIRELESS 2~-HOURS IN
ADVANCE. ALL TlCKO'S AHC INSPECTION VERlflCATlONS Wu..L BE SUBMI1TED
TO TIlE OWNER'S IlEPRESEKTATN'E WITHIN 24-HOURS AfTER THE INSPECTION
HAS TAKEN PlACE.
5. "'U EQUIPl.lEHT. WJJlING. AND t.lATERLALS MUST Ii4.VE A UL I.J..m:L
9. All. WORK SIW..1. BE DONE BY QUAl.JflEO AND EXPERIENCED JQlJRNEYUEN
AND PERflJRMED IN A WORKw.HUK( IdANNER ANC SHf\l..1. PROCEED IN AH
ORDERLV IoUINNER 50 IS NOT TO HOLD UP THE PROCR(SS OF mE
PRWECT.
10. THOROOGtf..Y TEST AU. UNES. FE(OERS. EOl/IPMDIT, AND DEVICES 'II'm!
t,W:lWUl.l LOADS TO ASSURE PROPER OPERATION.
11. CONDUCTOR lENGTHS stW.L BE CONTINUOUS fROI.l TERl.llNATION TO
'Wtt.ll~TION WITHOUT SPUCE5.
12. PROVIDE PUu. BOXES WHE!U.: SHOWN .olJ'!D/OR 'MiERE REQUIRED By CODES
AND/OR LmUTY COM PANES.
lJ. ALl CONDUIT ROUGH IN SHAll.. BE COORDINATED WITH THE I.lECHANlCAL
EQUIPMENT TO A\oOD LOCATION CONfUCTS. CON'fRI,CTOR SIW.L 'r'ERFY "'LL
LOCATIONS.
1-4. AU WIRES SHALL BE TAGGED "'T "'LL PULL 8O:':ES. ~-BO)(ES.
EOlllPIolEHT BOXES, AND CABINETS WITH APPROVED P\.ASTlC T"'GS.
15. All Bft[,lJ(ERS IN PANEL BOXES ~ BE IDEHlTlED WITH TYPE WRITTEN
lABELS NEATlY PlACtD AlONG SIDE Of THE BREN<Efl'.
11\. ALL FlRE RATEO WALL .v;o FLOOR PENETRATIONS ME TO BE CAUlKED AND
SEALED WITH A flRE RESIST...NT CAULl<....G TO IMlNT.-JN TIlE INTEGRHY Of
TliE FIRE SEPARATION.
17, UTIUZ( SONNEBORN TYPE t.'P-l CAUlKING FOl'l SEAlING All. EXTERIOR WAll
PENETRATIONS.
lB. ALL OETNLS ARE SHOWN IN GENERAl.. TERIolS. ACTlIAl INSTILlATION AND
CONSTRUCTION IlAY V/>Rt OUE TO SITE SPECIFIC CONomONS.
19. GROUND All ANTENNA 9.l.SES. FAAl,lES. CABLE RUNS. AND OTHER l,IETAlLIC
COl,lPONENTS USING GROUND WIRES N<lD CONN(Cl TO SURFACE IoIOVNlEO
BIl'S ~RS. fOLLOW ANlENW, AND BTS MAl4UrACTIJRERS PRACTICES fOR
GflOUNClNG REQUIRE",(NTS, GROUNO COAX SHIELD AT BOTH ENtIS ANO EXIT
FROM TOWER OR POl.[ USING W"R'S PRACT1CES.
20. AlL GROUND CONNEcmoNS 5W.I.L BE CAll'tJELD. ALL WIRES SHAlL BE
COPPEJI TliHN/THWN. AU. GROUNO WIRE Sl-W.L BE GREEN INSlJI.ATED WIRE
AI!OVE GROUND.
21. COKTRACTOR TO VERIfY AND TEST GROUND TO SOURCE, GROUNDING ANO
OTHER OPERATIONAL TESTI~ WILL BE WITNESSED BT YERltON WIRElESS
REPRESENTATIVE.
22. REfER TO OMSlON t 6 DENEAAL EI.LCTIl:IC, GEHERAl UECTRICAL PROVISION
AND CQlIIPL'I' WITH ALL REQUIRfr.lE1fT5 OF GROONDlI<<J STAHDAADS.
2J. ELECTRICAL CONTRACTGR TO PRa.rIDE DETAIlED DESIGN Of CROUNDING
SYSTnI, AHD RECEIVE APPROVAL Of DESIGN BY AUlHOflllW VERl20N
WlRElE'SS. REPRESENTATIVE. PRIOR TO INSTAllATION or GROlINDIHG SYSTEM.
PHOTO OOCl/I,IEKT AlL CAOWELDS AHD GROUND RING.
2~. NOTIFY CONsmUCTlO)oj IdANAGER Ir THERE ARE Nf( OlmCULTIES INSTAUJNC
GROUNDt<G SYSTEM DUE TO SITE SOIL CONDlTlONS.
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SHEET TITLE
GENERAL NOTrS
SHEET NUMBER
G-I
DESIGN CRITERIA:
1. THE STRIJCTURAL DESIGN Of THIS PROJECT IS IN ACCORIMNCE WIlli THE
I~NAT1C>>1AL BUILDING COOE :tOOt! WITH OREGON STATE BUILDING CODE
AI,lENDlolflffl> (2006 IDC)
2.~
DESICN MTA fOR CITY or PORll..AHO, OR:
-ROOf SHOW LOAD
-BASIC WINO SPEED
-WJ.lD lXPOSURE
-sEIShllC ZONE
H/A (NOT A ROOFTOP SOLUTION)
66 1ol?l1 (tOO ",PH J SECOND Gum)
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CONCRETE NOTES:
1. M.L COHCRETE CONSTRUCTION SIi'Ll BE IN I\CCORDIINCE Wlnt AChS18.
2. COHCRETE SI-W.L BE IolI~ED, PROPORTlOHED. CONVEYED AND P\A[;ED IN
ACCORDANCE WITH CHoU"TER 19 Of THE 2006 Ille. SlRENGTHS AT 211 DAYS
AND ",1.1( CRrrER~ SH4ll SE AS FOlLOWS.
T'l'PE Of CONSTllUCTlON 28 MY STREMGTHS wle MINIMUI4 CEMENT
(1'<;) RA.110 PER cgU~YARO
A. Sl.A&S ON GRADE
TOPPING SLABS
CDNCRErr PIERS
e. 1IU. STRUCTUAAL CONCRETE
EXCEPT WALLS
<..,
S,45
5Ji: SACKS
6JS SlrlCKS
2,4COPSI
4,000 PSI
C. COHCflETE WAllS 4,000 PSI :!O .45 6 .lS
CEMENT Stw.L SE ASlI'! CI50, PClRT1..MD CEMENT TYPE II U N.D.
3. THE GO/fRAL CONTRACTOR S~l.L SUPERVISE AND BE RESPONSIBLE FOR TIlE
l.4fl1iODS NOD PROCfOURES OF Cl>>ICRETE PLACElIIENT.
" AU. COHCRUE WITH SU~ACES DPOSED TO STANDING WATER sw.u Br
. AlR-EtflRAINED \II'I1H AN AlR-ENTIWNlNG AGEtfl' COHFORU!NG 11) ASn4 e2M,
C494, C6IS, C9S9 AND Cl017. TOTM. AlR CONTENT SHAll BE IN
H;CORiJll,NCE 'MTH TABLE 11104.2.1 or THE: 2006 11lC.
5. R[J~CING STEEL SIiAU. CONfORhllO AS'\l.I AII15 (INCUJDINC SUf'PlEME~
s1), (lRHlE W, 1}I_eo.ooo PSI. EXCEPT1OMS: >>N eARS SPECIFICAlLY so
~~R~MG1liWr:~~Jo~ ~RA~~~ fg' a'r:Co P~LlG~~~
TO ASl'),I A70&" RElHFORCIHG COl.4PLYlHC Willi ASTM M\5(Sl) !JAY SE
Wtl.DEtl ONLY If W,lER...... PROPEIITt Re'ORlS IN'OlCA11HG COHFORW.NCE: WITH
WELDING PROCEDURES SPEC!l'l;D IN A..w.s. P14 AIlE StJBIi4ITTED
6. RElHrollClHG S'fE[L SHALL aE DETAILED (lNClUOIND HOOKS AND BENDS) IN
K:CORDM~E WITH ACl 315 MID 318. LAP,4,U. COtmlolUOUS REl~RCE~NT
AT lEAST 30 BAR OlolMETE~ OR A MINlMtJl.I OF 2'-0-. PROVIDE CORNER
IL'.RS AT AlL WAll AND fOOTING INTERSECTIOHS. lAP CORNER I3AAS AT
L.CA.ST 30 BAA DW.4E:TEftS Of! A MINI....IJW OF 2'-0". lAP AOJACOO WITS OF
wnoro WIRE rABRIC A IolINll,W'" or 0" AT SIDES AND EHDS.
7. WElOCD WIRE fABRIC SKALL CONfOlIl" TO AST'" A-HIS.
A. SPIRM. REINFORCEMENT SHALl- BE PlAIN WIRE COHFORJ,I~G TO lIST'" 11615,
GAAOE so, fy..60,DOO PSI
Il. 1010 BARS PNlTJoI.,LlY E1.I!lEDOED IN HARDfNED CONCRETE SfWi BE FIELD BENT
UNlESS SPEClf\CN..1.Y so DETAIlED OR APPRDVED flY TtIE CONSULTAHT.
10. CONCRffi PR01reTIOIll (COYER) FOR REINf1)RCING STttl SHAll BE AS
FOU.OWS;
- FOOllNGS IINO OTHER UNFORMED .1"
SURFACES, EAATH FII.C~
- fORU~O SURFACES EXPOSED ('6 BARS OR lARGfR) 2"
TO EAlffH OR WEA"1l-R:R ('5 BARS OR SMAllER) 1 1/2"
- S\.J\BS AND W,I,US (IN'ITRIOR fACE:)
11. BIIRS SHAlL 8E SUPPORTOO ON CfWRS OR DOBIE BRiCKS.
12. ANCHOR BOLTS TO CONfl:l~M TO AS1\! .uo7.
1.1. NON-SHRINl< CROUT SHALL BE FURNISHED flY ~ APPROVED loW-/UfACTURER
AhD Si'V\U BE MIXEO A/'Il PLACW IN SffilCT ACCORQ,J,NCE WITH TI-I[
IN.HUrACTUIfER's PUBLl5l'ED RECOWhlEIoIMTlO~. GROUT STRO/GTH S~Ll BE
AT L.fAST EQUAL TO THE IMTERW- ON WHICH IT IS PlACED (3.000 PSI
I.4INllolUM).
14. AU. EXPANSION ANCHORS TO BE IiLTI BRAND. ADHE!i1VE ANCHORS REOUIRE
TESTING TO CONFlRIA CAPAaTY U~S WoWED flY ENGINEER
3/4"
STRUCTURAL STEEL NOTES:
1. SHOP ORAWIIoIGS FOR STRUCT1.JRAl sml SHAll BE SUB~ITTED TO THE
CONSULTANT FOR REVIEW PRIOR TO FABRICAl'IOH.
2, STRUCTURAL STEEL DESIGH, F....aRlCA.TlOH AND ERECTION (INCLUDING FIELD
WELOWCl, IiGH STRENGTH FlEW OOLTlNG, EXPANSION BOLTS, ^NO Tl1REAOEO
~~~~~N.A~~~~~I~~~\~~O~~~~~~c:6~N FOR
BUll.OlNGS- LATEST EDmON, SUPERYJSION sw.u. BE IN ACCORDANt:( WITH
'2006 IlIC Cl-W'TER 22, B'f A OUAUFED lESTlNG .AGENCY OESIG~TID BY THE
CONS\JI.TANT. THE CONSULTOO SI-W.L. BE F\JRNlSHED wm; A COPY Of AlL
IHSPECTION REPORTS ....NO 16T RESULTS.
.1. STRUCTURAL STEEL SHALL CONFORM TO TliE FOLLOWING RF.QUIREMENTS
~. i~1EJ~~~;' ::~~~o RDOS ~ ~~2,F}y .1~ K~I
O. STRUCTlJRALTUBING ....STJ.lAS.1.Fy.15KSI
~: ~~~~=T;OLTS ~~ ::5~' ;IS:O~~TYPE
4 All. W,TERlAl TO SE HOT DIPPED GIILVANIZEO AFTER fABRICATION PER
A12.1/AI2.1lol-OO.
5. ALL WfiDLNG SHAU BE IN CONFO~ANCE WITH A..I.S.C. AHD AWS STANDARDS
A~ SHALL BE PEJlFORhlED B'f W.A BoO. CERTIFIED WELDERS U5lNll E70 xx
ElreTROOE'S. ONLY PREOUAI.JFlED WElDS (AS DEF1NED BY AWS) SHALL BE
USED. WELDING OF llftl,OE &0 REINfORCING B~RS (If REQlJIREO) SHllLL BE
PERfOflUEQ USIN(> lOW HYOROGEH mCTfmOE5. WELDIH(> Of GRADE <to
REINFORCING BARS (IF REQUlREO) SHAll BE PERFORMED USING E70 XX
ElECTRODES WELDING WITHIN 4. Of COLD SENDS tl RElNfORCIHG STEEL IS
WJn~~~O' SEE REINfORCING NOTE FOR WATERlAl REOUIREUOOS OF
0, COLD-FORIoIrn STEEl FRAAUHG hlEIolBERS SWILL BE OF THE: SHAPE, SIZE. IIND
GAGE SHOWN ON THE Pl),NS, PROVIDE IIlINlt.4Ulol SECTION PROPERTIES
INDICATED. ALL COlD-FORWEO STEEL f1W,IlNG SHALL CONfORM TO 1liE A IS S.
.SPECIFlCATlON fOR THE DESlllH OF COlD-FORMED STtR STRUCTURAl
JotEMBERS."
7. OOLTEO CONNECTIONS SH.&.lL USE SEARING TYPE ASTM AJ25 BOLTS (3/4" 010\.)
AND SHALL IiWE II MINIMUM OF fW(l BOLTS UNLESS NOTED OTHERWISE.
II HQN-SlllUCTURAI.. CONNEC'TlOHS FOR SlEEl GRAlJtlG w'Y USE 5/&" D~ AS1\!
007 BOlTS U/oLESS NOlED OTHERWISE.
Q. AI.L STEU WORK Srw.J.. BE PAINTED lH ACCORDIINCE WITH Tl1E OE5l(;:N &;
CONSTIlUCTlON SPECIFlCA1lOH NolO IN ACCOR[W<lCE WITH ASTM AJ6 UN1.ESS
MIlTED OTHERWISE.
10 All WEl[)S TO BE 1/4. nUET UNlESS Ncm:O OTHERWISE.
11. TOUCH UP ALL fJEl.D DRlLUHG ANO WElOING Willi 2 CQ.\TS Of GAlVIICON (ZINC
filCH PN'fl) OR APPflOVED EIlL.lAL.
TOWER/POLE NOTES:
1. VERlflCI\TlDN lHAT THE EXISTWG TOWER/POLE CAN SUPPORT THE PROPOSED
AN1ENNA LOADING IS TO SE DONE BY OTHERS. THE PROPOSED 20' EXTENSION
SHALL BE DESIGNED BY VER1ZOH WIRELESS (TOWfll O\VNEfI FOR AT&T
COL0CA110N) STRUCTURAL ENQ~ERIMG.
2 PRoy\DE SUPPOR15 FOR THE ANTENNA COAX CABLES TO TIfE ElfV~TIOH Of ALL
INlrn.l AND F\.J'ruIlE AHTEW:AS. ANTENNA CQ,4,X CII8LES ARE TO BE SUPPORTED
AND RES1RAlNEO AT lltE CENTERS SUITABLF. TO THE I,V,NUfACTUflER'S
REOUIREMEN15.
ABBREVIATED ROOF TOP SAFETY PROCEDURES
(WHEN APPLlCABLE)-
SYMBOLS:
o GRlO REFERENCE
~ DETAIL REFERENCE
~ ElEVIIT10NREFERENCE
~!lECnoNREFERENCE
(As PER "ACClOEHT PREVtNT10N PROGRAM" - B'I' PERMISSION OF ~
CONSTRUCTlON, IMC. - 03/01/99)
FALL PROlECTIOH IIlETHOOS AND EQUIPl,lENT
ROOF TOP INSTALLAnOHS
fOR WORK IS BEING PERFORMED wrTHIN 25' OF AN Ut-IPROlECTED ROOf
EDGE, THE CONSTRUCTlON SUPEflVlSOR SfW.L DESIGt-IATE A TRAINED
SAfETY MOl'mUR TO OBSE:RVE THE IADVE~EN15 AND ACTMl1ES OF THE
CDNSTRUCTJON WORKERS.
SAFm ~rTOR SHALL WARN CONSTRUCllON IYORKUiS or HAZARDS (I.E.,
BACkING lIP TOWARO A ROOF ED~ ETC) OR ......SAFE ACTMTIES. THE
SAFETY IAOJ.IITOfI ),jUST BE ON THE SAi,lE ROOF AND WITHIN VISUAL AHO
VDllL'.l OISTANCE OF THE COHSTRUCTJON WORkERS.
CONSTRUCTION 'NVOlVlHG WORkERS TO N'PROAC'H WffiilN 6' OR lESS OF
AN Ut-IPROTECTED ROOF EDGE, REOUlRES WQRt<UlS TO USE SlVETY UNf:.
SAFElY UNE SWILL BE I.lINIMUW ~" ow.IETER H'l'lON. WfTH A NOIAJ.IAl
TENSILE STREHGTH Of 5400 U1S,
SAFUY UNE SHALL BE ATTIICI-a) TO A SUBSTAHT\AL l.4EMBER OF THE
<T"U'''U'l<
SAfETY UNE LENGTH SHAll BE SET AllOWING CONSTRUCTION WORKER TO
REACH EooE Of' ROOF, BUT NOT BEYOIolO.
SMnY BEL15 SHALl BE WORN BY ALL CONSfflUCTlON WORKERS.
1ol00000LY 5AFEJY INSPECTION MID WJHl'EtWlCE Of THE FIIU PROTECTION
EQUlPlolENT SHAll OCCUR BY THE S1iTIY COIolMITTEt REPRESEHTAll't'ES,
IHCLUOWG'
----.-- CENTERUt€
-.-.----- PRDI'EIfIY/l..EASE UNE
~W.TCHLINE
&--- WORK POINT
- GROUt-IO CONOUC1OA
-T-TElEPHONECotJOlJlT
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-,-o/H-'- ~~':r~R~ErMc(
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f' .:...~:...':.~..~ COHCRITE
~EARTH
REfER TO ROonOP WORK AREA SAFETY PROTOCOL
NAT10NAL ASSOClAT1ON OF TOWER ERECTORS 2000 PUSUCr\TlON
REfEJlENCED OSHA RECUtAT1ON/STAHDAAOS SHALl BE REVlEWm B'f TOWER
ERECTORS,
EQUJPIIlENT INSTALLERS, AND TO'NER/ROOF TOP CONTRM:TORS!SIJBCON'TRACTORS
2B a:'R 11l211.500 - SCOPE. APPUCATlOIol, AND DEFINITIONS
29 a:'R lIl2S.SOl - Dt1TY TO HAVE FJ\U. PROTECTIOIoI
11l cm 1920.502 - FALL PROT(CTJON SYSTEMS CRITERl.\ AIoID
PRACTICES
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III ELECTRIC BOX
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0 FNli. MONUIolENT
. SPOT ElEVAT10N
A S(T POINT
& REVISION
SPECIAL INSPECTIONS REQUIRED'
SOILS COMPu,>,NCE PRIOR TO FOUNDATION ~PEC'OOH
CONCRETE OV'EJI 2'K10 PSI (:ill ~K 10111() AT ZIS OIIYS
CONCRrn: PLACEMENT liT StAB OH GAAOE
WRlTTDI CERT1f1CATlON FOR PROPER PlACEMENT Of
REINfORCEMENTS AT SLAB ON GAADE
fOUNDATION EXCAVATION NolO fJI.L INCLUDING UTIUlY lltENCHU
CERTlF'lCAT10H or BlJlDlNG P,f,Q, fOUNOIITION ,UlO fill f1'(
THE: ClEOTECHt-IlCAL ENGINEER OF THE RECORO
o VERIl'lCAT1ONS OF IdlLL REPORT
OIDENnFlc....TION OF mELANl) AT JOB SITE
o ADHESM BOLTS W CONCRETE OR ,,"SOHAr
o ~:re~~OlTS INSTAlLATION .'.ND PLACEMENT IN
o HIGH STRENGlH BOLTING
o SPRAYED -ON- FIREPROOFING
o STRUCTURAl IMSONIfY
o PRESTRESSED CDHCR(TE
o ALL FIElD WELDING
o RElNrORClNO PLACEMENT
o DESIBNrR SPECIFIED (SEE SHfET,f->
OOJHD[_
SUBIoiTTAL DDCIAllENTS FOR OEf'F.RRro SUBWITTAL lTOdS Sl-lAlL BE SUBMmEO TO THE IIRCHITECT OR ENGINEER Of RECORD,
WHO SHALL REVIEW THEM AIlD FORWARD THE~ TO THE BUILDING OFFICiAl WITH A NOTATION INOlCA~G ~T niE OEFERRl::O
SU9IoIIlTAL DOCUl.lENTS tlAVE BEE~ REVIEWED ANO THAT l1-EY HAVE BEEN FOUND TO BE IN GENEIW, CONFORl.WlCE WITH
THE OESlllH Of THE aUl.DING. THE DEFBlREn AND SUBWITTAL ITnIS SHALL I<<)T BE INSTALLEO UNla.. TliElR Q(SlGN AND
SUBlMTTIIL DOC~ENTS W.VE BEEN APPflovtD BY TliE SULOING OFFlCl,I,L
THE I/llFORw.nOH CONTAlIolED IN ntS SET or COHSTRllCTlON DOCUMENTS IS PROPflIETAR'l' 8Y NAlURt: #ff USE OR OISCLOSUItE OTttER: TtW< THAT WHICH RELATES TO CARRIER SERVICES IS STRICTLY PROHIBITED.
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POST
DlIS'llH08lJlL01NG
~~~~: ~~~ ~~~:: ~:=~: 1~. 16' NORTH ELEVATION 2 ~~::~::~ ;~~~:: ~:=~ 1~;.rO
lHE INfORW.TIOM cotfTAlHEO IN THIS SET Of CONSTRUClJOH OOCIAlENlS IS PRO?RlETA/f'I' BY Nol.lURE. AH1 USE OR DlSctoSURE OlliER TI-WI THAT WHICH RElATES TO CARRIER SERVI~ IS STRiCTlY PROHIBITED.
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PROPOSfD 'ft;ftlIOH \IIl11I:El!SS 0
.5-RCTtl1l ANTENNA ARMY W/TtI
(4) ANTEHtWi PER SECroR em Rf-l
BE ~NTED HUNTER O~}
EXISTIMIO :1:183'-0- SELF
SUPPORT TOWER
PROPOSED WRIUlN WVlntsS @
lOENfJViltIR MOUHml ON A
4'-7. X "4" CONCRETE Sl.M -6
PROP05ED'Y&RlZONWlFtEl.B5Li\
UTlUTY RACK \EJJ
EXISTING C~I"'LINK FENCE WITH
J STJV..NDS Of 8AABED WIRE
~AST ELEVATION I
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SHEET NUMBER
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NOT USED
SCALE: (24"XJII"):NOT TO S~lf
SCAI...(: (ll'X17"):NOl TO se,.,u::
NOTE:
FIVE 24" VERTICAL UNISTRUTS
ARE REQUIRED FOR MOUNTING
HOUSINGS TO.
FLEX BET
18.5" X 22" X 8.25"
101 583301
L8 2" SCHEDULE 40
J" BElWEEN POST
&: CONDUIT
#6 INSULATED SOLID
GROUND WIRE
2~ Pile CONDUIT-
TO FACILITIES
4'-O~
EXISTING GRADE
TELCO RACK
SCALE: (24"'XJti"}:Jf"" - 1'-0'
sc.-.LE: (ll"X17"):3/I1" .. \'-0"
T1 NCTE
16"X14"XB
IDN 736162
THREADED CAPS
4-108" UN1STRUTS,
TWO ON EACH SIDE
2" PVC CONDUIT
-4" X 10' GALVANIZED STEEL OR 6 X
6 PT POSTS (BREAK AWAY IF
REQUIRED BY LOCAL CODES),
2" PVC CONDUIT
-.- 33" BETWEEN CONDUIT INTO FlEXBET
& CONDUIT OUT TO CUSTOMER
EQUIPMENT THEN NEW CONDUIT EVERY
'6" PER NEW CUSTOMER
TO CUSTOMER FACIlITIES
'2 SOUD BARE TINNED WIRE
BONDED TO MGN OR :3 POINT
GROUND SYSTEM
-~-~- CUT POST LENGTl-l TO SUIT SY
REMOVING UNCA.PP-~D END
MQIT;
INSTALL DRIP LOOP ON ANTENNA CABLES AT
BOTTOM Of TOWER/MONOPOLE. BENDING
RADIUS PER MANUFACTURER'S STANDARDS.
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THE l~fORlooIATIO~ CONTAINED IN THIS SET OF CONSTRUCTION DOCUMENTS IS PROPRIETARY' EJ'1' ""'ME. AtN US( OR DISCLOSURE OTHER TH.-.N THAT WHICH RELATES TO cARRIER SERVltES 15 STRICTI.'!' PROHIBITED.
2
. ~.ATS 24" WIDE ICE BRIDGE (OR AS
APPROPRIATE PER SITE CONDITTONS) PARTI
WB-KS210-138 (OR APPROVED EQUAL)
CUT ICE BRIDGE CHANNEL LENGTH TO SUIT
(SEE NOTES) ,
MTS TRAPEZE KIT PART* MT-357-12 (OR
APPROVED EQUAL) (2) TRAPEZE KITS ARE
INCLUDED WITH ICE BRIDGE. ORDER
'ADDITIONAL TRAPEZE KITS AS REQUIRED, TO
MAINTAIN MAXIMUM CABLE SPAN OF :r -0"
(TYP.)
ANTENNA CABLES ARRANGEMENT BY
CONTAACTDR
3/4" CH'MFER (TYP,)
12"~ CONCRITE PIER
~
1, WHEN USING COMPONENTS AS SHOWN IN
STANDARD DETAILS, MAXIMUM ALLOWABLE SPAN
BETWEEN SUPPORTS ON A CONTINUOUS SINGLE
SECTION OF BRIDGE CHANNEL SHALL BE 9 FEET
FOR 10 FED BRIDGE CHANNEL.
2, WHEN USING COMPONENTS fOR SPLICING
BRIDGE CHANNEL SECTIONS, THE SPLICE
SHOULD BE PROVIDED AT THE SUPPORT, If
POSSIBLE, OR AT A MAXIMUM Of 2 fEET fROM
THE SUPPORT.
3. WHEN USING COMPONENTS, SUPPORT SHOULD
SE PROVIDED AS CLOSE AS POSSIBLE TO THE
ENDS OF ICE BRIDGES, WITH A MAXIMUM
, CANTILEVER DISTANCE OF 2 FEET FROM THE
SUPPORT TO THE fREE END OF 1HE ICE
BRIDGE,
<\.. CUT BRIDGE CHANNEL SECTIONS SHALL HAVE
RAW EDGES TREATED WITH A MATERIAL TO
RESTORE THESE EDGES TO THE ORIGINAL
CHANNEL, OR EQUIVALENT, fiNISH. All METAL
PARTS ARE TO BE HOT-DIPPED GALVANIZED OR
STNNLESS STEEL ONLY.
5. ICE BRIDGES MAY BE CONSTRUCTED WITH
COMPONENTS FROM MANUFACTURERS, PROVIDED
THE MANUFACTURER'S INSTALLATION GUIDELINES
ARE FOLLOWED. ALL METAL PARTS ARE TO BE
HOT -DIPPED GALVANIZED OR STAINLESS STEEL
ONLY, "'
6. DEVIATIONS FROM STANDARDS FOR COMPONENT
INSTALLATIONS ARE PERMITTED WiTH THE
RESPECTIVE MANUFACTURER'S APPROVAl.
7. DEVIATIONS FROt.4 ICE BRIDGE FOUNDATIONS
REQUIRE ENGINEERING APPROVAL.
ICE BRIDGE
SCAlE: (H"XJIl"):I"" 1'-0.
SCALE: (11"ll17"): 1/2"..1'-0.
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Gl-IHII PREI.lM1N....RY CD'S ,~
HOT FOil COHSTilUCTlOH UNleiS
L,f,BELED AS tONiTllUCTION SET
SHEET TITLE
COHSTRUC1'lCN DET,t,ILS
SHEET NUMS,R
A-5
PER PLAN f
(1 MQIES;
1. FOR CONCRETE NOTES
I SEE: DETAIL.
2. GRAVEL SHALL BE
NATURAL OR CRUSHED
STONE WITH 100 PERCENT
PASSING 1 INCH SIEVE.
PLAN V1tw
FINAL GRADE SLOPE PER PLAN 1" CHAMFER (lYP)
AWAY FROM
CONCRETE
2'-0.
, /4" c:::::::===-
COMPACTED CRUSHED EXCAVATE AS REQUIRED TO
STONE OR GRAVEL (OPTIONi\l; REMOVE VEGETATION &: TOPSOIL,
THICKNESS AS REQ'O) EXPOSE UNDISTURBED NATURAL
SUBGRADE & PLACE CRUSHED
140 12" D.C. &\, STONE AS REQUIRED
WAY 0 L OF SLAB
ELEVATION VIEW
EQUIPMENT PAD DETAIL
SCAlE: (24":<J6")' ""or TO SCALE
SC"'-E: (1l":<17"):NOT TO SC....LE
5
(] PER PLAN ------r
~
1. FOR CONCRETE NOTES
I SEE DETAIL.
2. GRAVEL SHAll. BE
NATURAL OR CRUSHED
STONE WITH 100 PERCENT
P"-SSING 1 INCH SIEVE.
PLAN VIEW
FINAL GRADE SLOPE
AWAY FROf..!
CONCRETE
1" CHAMFER (TYP)
PER PlAN
r--
2'-0"
1 /4" c:::::::===-
COMPACTED CRUSHED
STONE OR GRAVEL (OPTiONAL;
THICKNESS AS REO'D)
#~O 12" D.C. EA.
WAY 0 L OF SlAB
EXCAVATE AS REQUIRED TO
REMOVE VEGETATION &: TOPSOIL,
EXPoSE UNDISTURBED NATURAL
SUBGRAOE &: PlACE CRUSHED
STONE AS REQUIRED
ELEVATION Vltw
GENERATOR PAD DETAIL
SCALE: (24"K36"): NOT TO SCALE
SCALE: (11"K17"): NOT TO SCALE
2
lHE IliFORW,TIOH CONT....INED IN TliI5 sa or CONSTFtIJCTION OOCUWElfTS IS PROPRIE:TAR'l' BY No\TURE. IN( USE OM DISCLOSURE OlliER nwt mo.T WHICH RElJiTlS TO CNlIflER SERVICES IS S'ffllCTl.Y PROHIllfrol.
SCM.E: (24":<J6"):3/4" . 1'-0"
SC/lLE: (11"X17"}:J!15" - 1'-0"
.A CAUTION
M
TOP OF
CONCRETE
Beyond thi~ pcit'll:
Rgdlg fntquenc)' r"ldiJ gllhiiJ iJ.te
mil)' .xc:;..d FCC ruI., fgf humon
lIXplllJllre.
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rodlof~u.~lll'ffrwom.1IllI.
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RF WARNING SIGN
GENERATOR ANCHOR BOLT DETAIL
SCAlE' (24")(36"): HOT TO SC'J.lL
SCALE: (1 \'X17"): HOT TO SCALE
4
SCAlE: (24"XJll"):NOT TO SCAl!.
SCALE:(11"'X17"):NorTO~lL
BACK TO BACK 2"
UNISTRUT W/CAPS
rfrr;r-
lJd:]
UGHT EQUAL TO
UTHONIA VR2-120-EBC,
W/1JDV 75W A-LAMP
ASCO SERIES 300 ATS
W/UTIUTY BREAKER (INTERSECT
SE:-ATS12200 +9X36X16)
BREAKER PANEL (INTERSECT
MP1220024-SB-3R-GR-L) __0__-
GENERATOR RECEPTACLE
(INTERSECT MPAR20QXX-RS)
BACK TO BACK 2~
UNISTRUT W/CAPS
6" GALVANIZED
PIPE W/CAP
20DA METER BASE
PER UTILITY, CO.
REQUIREMENTS
6" PIPE STRAPS
USED ON ALL
UNI-STRAP TO
P1PE MOUNTINGS
INTERMATIC METAL
BUBBLE COVER W/6D
MIN TIMER &: GF! ----~.~...
-TELCO BOX
(INTERSECT
59X24X20)
T-fl2 TINNED TO
GROUND RING
(lYp,)
USE (4) 65 JtlT
REINFORCEMENTS AND I
SPIRAL TIES ,,,, WITH " .
2-1/2" PITCH SPIRAL-
ItIr
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NOT FOR COWSTRUCI'ION UNLESS
LAIIUED AS COHSTRUCTlQN SEr
SHEET TITLE
CONSTRUCTION DETAILS
SHEET NUMBER
A-6
EB t::~7/.
G),E:xl5THGAHTDlKl.
QWO\JNl\HQ,1W4E
lIIOU'ffiIlGlIllACKO"
lIJYAHJEN~lIFl1)-
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IIOUImIlG9AACK(f
(IfIAH'TDfIMIolFll)
ANTENNA MOUNTING BRACKET
ANTENNA MOUNTING FRAME
SCA.LE: (2..."X145'; NOT TO SCM.E
SCllLE: (l1"X17j;NOT TO SCIIU:
5
SCALE: (24"XJ6"};NOT TO SC1J...E
SCAlL: (11 i(\ 71; NOT TO SOOf:
COAX CONFIGURATION AND SCHEDULE
ALPHA FACE "". 111' HEIGHT IlADCENlEJl .._ CO... c""' ""'""
lXl/RX1 I 183'-0~ 90' O~ o. 1 5/8" 204'-0"
- , 18J'-O~ go' D~ ". 15/8" 204'-0"
llCJ/IC<3 , 18J'-{J. 9D'-0~ WO' 15/8" 204'-0.
TX4/'" I 1113'-0" 90' O~ ,. 15/5" 204'-0"
BErA FACE "". llP HElCHT """""'" ....... CQ\l(' CQ\l("",",,
TX1/ftX1 IIIJ'-{J" !lO'O. ". 1 s/r 204'-0~
""""'" 1113' 0" 90'-0" ". 1 5/S" 204'-O~
""1ft" 183'-0" gO'-O" 210' 1 5/8" 20""-{)~
TX4/l1X4 lU'-{)" 110'-0" 210' 1 5/5" 204' o~
GAMt.4A FACE "", lIPHEIllIlT """""'" ""'UIH CQ\l(, """'''''''''
TX1/ItXl I 153'-0" 90'-0" ". 1 S/II" 204'-{)"
""""'" , lll.J'-O~ VO'-O" "" I 5/11" 204' 0"
""/IlICJ , 183'-0. VO'-o" ". I 5/8- 204'-0"
TX4/RlC4 1 1113'-0" VO'O" ". 1 !I/Il" 204'-0"
... fNlEN.. "". TIP HmHT """""'" ".UIH """'. CQ\l(""""
I 10' Il~ ... 7/8" JO'-O"
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-wRlFY WITH fltw. 81l'[ COWNIYWENT f'OIl:M PftOWlED fI( WIlIION W1IlE1D!l PNOft 1'0 ODJrG1Ia.ICTION
-M..MQI USE awe 1DI1mt9 PO\Il CUT LemHSl ~
COAX SCHEDULE
SOOf:- (24"XJ6") NOT TO SCAU:
SCIIl(:(Il"X17"):NOTTOSCALE
2
THE INfOft/'u'TION CONTAlNELI lH THIS SET Of CONSTRUCTION OOCUMCNTS IS PROPRIETARY BY ~ruRE. A~ USE OR DISCLOSURE QTH(R THAN niAT Wi'lCH RElATES TO CARRIOl SERYICES IS STRICTlY PROHlSITEO.
TlE-rw::K ARM WITH
~OUNTING BRACKET
UNIVERSAL ADJUSTABLE
SlOPE PIPE tr.lOUNT
(4) 2-3/6" 00 X 01.' 2-3/4"
ANTENNA MOUNTING PIPES
13' WIDE ANTENNA FRAfotE
PIPE CAP
ICE BRIDGE POST
(OR SIMIlAR)
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GPS ANTENNA
PACIfiC TELECOM SERVICES.
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5_.,lfA.'.100l
....~r. (lDI) ~41_tQllD ru; (I") IIOJ-a.u
1 1/2" 0,0, X 3'-0- MAX.
CALVo STEEL MOUNTING PIPE
COAX GROUND KIT
/ COAX CABLE
~/ ___- H6 Awe GROUND WIRE TO
CADWELD ON POST OR LUG
ON GROUND BAR
lliYAI!Qlj
GPS MOUNTING DETAIL
4
SCALE: (24"XJ&j.HOT TO SCALE
SCALE: (l1"X17j;HOT TO SCALE
~\
.~
ANTENNA MOUNTING
FRAME (TYP Of J)
150'-O~ LATlTeE TOWER-
~ ANTENNA
'2 (lYP OF 12)
i"~
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FUTURE ANTENNA LAYOUT
SCALf:; (24"lc145"): 3/8".,'-0"
SCALE: (11")(17"): J/16""1'-0.
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PRE:I.llo4ll'o1A.RY co S ,~
NOT FOR COHSTRUcnON UM..E5S
LABElED AS CONSTRUCTION SET
SHEET TITLE
RF IHFORWIroH &I DETALS
SHEET NU~BER
R-F-l
ELECTRICAL SPECIFICATIONS:
""",,,e mco, ..'"0''' .......,.1
TELCO SOURCE
~
1. CO~PlY WITH THE LATEST EDmaN OF THE INTERNATIONAl BUILDING CODE. THE REQUIREMENTS
OF i\LL APPLICABLE MUNICIPAL AND STATE CODES AND REGULATIONS, AND UTlLnY GUIDELINES,
2. PERFORt.l ALL VERIFICATION, OBSERVATIONS, TESTING mo EXAMINATION OF WORK PRIOR TO THE
ORDERING OF ELECTRIC.AJ... EQUjPMENT AND THE ACTUAL CONSTRUCTION. ISSUE A WRITTEN
NOllCE OF ALL FINDINGS TO THE CONSTRUCTION MANAGER LISTING ALL MALFUNCTIONS, FAULTY
EQUIPMENT AND DISCREPANCIES.
.3, UNDERGROUND COHO\JI"T SH.-'LL BE RIGID POLYVINYL CHLORIDE CONDUIT: SCHEDULE 40
CONFORMING TO UL ARTICLE: 651: WESTERN PLASTICS OR CARBON MANUFACTURER. COUPliNGS
SHALL BE SLIP-ON SOLVENT SEALED T PIPE: SOLVENT, WESTERN lYPE COMPATIBLE WITH pve
DUCT, ALL BENDS SHALL BE 30" MINIIo1UM RADIUS.
... NEUTRAL SHAll. BE COLOR CODED, INSULATION SHALL BE CROSS-LINKED POLYETHYlENE.
5. CONTRACTOR TO CONTACT All UTILITIES fOR LOCATION Of
UNDERGROUND SERVICES. SERVICE LOCATIONS TO BE CONfiRMED PRIOR TO CONsmucnON.
6. THE CONTRACTOR 15 RESPONSIBLE FOR ALL PERMITTING, FlLlNG, AND FEES IN CONJUNCTION
WITH THE PROJECT.
7. THE CONTRACTOR SHALL SCHEDULE ALL NECESSARY INSPECTIONS WITH THE PROPER
AUTHORITIES AND INfORM VERIZON WIRELESS 24-HOURS IN AOVP.NCE. ALL TICKErS AND
INSPECTION VERIFICATIONS WILL BE SUBMITTED TO THE OWNER'S REPRESENTATIVE WITHIN
24-HOURS AFTER THE INSPECTION HAS TAKEN P~CE.
B. ALL EQUIPMENT, WIRING, AND WlTERIALS MUST HAVE A UL LABEL.
9. ALL WORK SHAU BE DONE BY QUALIFIED AND EXPERIENCED JOURNEYMEN AND PERFORMED IN
A WORKMANLIKE MANNER AND SHALL PROCEED IN AN ORDERLY MANNER SO AS NOT TO HOLD
UP THE PROGRESS OF THE PROJECT.
10. THOROUGHLY TEST ALL UNES, FEEDERS, EQUIPMENT, AND DEVICES WITH MAXIMUM LOADS TO
ASSURE PROPER OPERATION.
~ PROPOSED WRIZON WIJIELESS
E - 3 UHtKRGROUtfi) m.eo RUN ltI
TUCO ~, N'PftOI(. 500'-0"
11. CONDUCTOR LENGTHS SHALL BE CONTINUOUS FROM TERMINATION TO TERMINATION WITHOUT
SPLICES.
12. PROVIDE PUll BOXES WHERE SHOWN AND/OR WHERE REOUIRED BY CODES AND/OR UTILITY
COMPANIES.
13. ALl CONDUIT ROUGH IN SHALL BE COORDINATED WITH THE MECHANICAL EQUIPMENT TO AVOID
LOCATION CONFUCTS. CONTRACTOR SHALL VERIFY AlL LOCATIONS.
14. ALL WIRES SHALL BE TAGGED AT ALL PULL BOXES, J-BOXES,
EQUIPMENT BOXES. AND CABINETS WITH APPROVED PLASTIC TAGS.
15. ALL BREAKERS IN PANEL BOXES SHAll BE IDENTIFIED WITH TYPE WRllTEN ~BELS NEATLY
PLACED ALONG SIDE OF THE BREAKER.
, 6. ALL RRE RATED WALL AND FLOOR PENETRATIONS ARE TO BE CAULKED AND SWED WITH A
fiRE RESIST.A.NT CAULKING TO MAINTAIN THE INTEGRITY OF THE FIRE SEPARATION.
17. UTILIZE SONNEBORN TYPE N'P-l CAULKING FOR S[AUNG ALL EXTERIOR WAll PENETRATIONS.
1 B. ALL DETAILS ARE SHOWN IN GENERAL TER~S. ACTUAL INSTAL~TION AND CONSTRUCTION MAY
VARY DUE TO SITE SPECIFIC CONDITIONS.
19. GROUND ALL ANTENNA 8ASES, FRAMES, CABLE RUNS, AND Ol'HER METAlLIC CO~PONENTS
USING GROUNO WIRES ANO CONNECT TO SURFACE MOUNTED BUS BARS, FOLLOW ANTENNA AND
8TS MANUFACTlJRERS PRACTICES FOR GROUNDING REQUIREMENTS. GRQUND COAX SHIELD AT
BOTH ENOS AND EXIT ffiOI.4 TOWER OR POLE USING MFR'S PRACTICES.
20, ALL GROUND CONNECTIONS SHALL BE CAOWELO, ALL WIRES SHALL BE COPPER THHN/!I1WN,
ALL GROUND WIRE SHALL BE GREEN INSULATED WIRE ABOVE GROUND.
21. CONTRACTOR TO VERIFY AND TEST GROUND TO SOURCE. GROUNDING AND OTHER OPERATIONAL
TESTING WILL BE WITNESSED BY VERlZON WIRELESS REPRESENTATIVE,
22. REFER TO DIVISION 16 GENERAL ELECTRIC; GENERAL ELECTRICAL PROVISION AND COMPLY WITH
ALL REQUIRE~ENTS OF GROUNOING STANDARDS,
23. ELECTRICAL CONlRACTOR TO PROVIDE DETAILED DESIGN OF GROUNDING SYSTEM, AND RECEIVE
APPROVAl.. OF DESIGN BY AuTHORIZED VERIZON WIRELESS. REPRESENTATIVE, PRIOR TO
INSTALLATION OF GROUNDING SYSTEM. PHOTO DOCUMENT ALL CADWELDS AND GROUND RING.
24. NOTIFY CONSTRUCTION MANAGER IF THERE ARE ANY D1FflCULTIES INSTAlLING GROUNDING
SYSTEM DUE TO SITE SOIL CONDITtONS,
>
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EXISnlroTJW./SFORIdER. PRCPOSED~
WftIZON I"OWDl SOURCE
THE IIEORI.AATiOH COHTAIN(O III TIiIS SET Of CONSTRl./CTlON DOCUMENTS IS PROPflIETAIlY BY W\TURE. MY USE OR DISCLOSURE OTHER THIIN TH.I.T WItCH R~TES TO CARRIER SEtMCES IS STRiCTlY PROHIBITED.
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lABELED AS CONSTRUCnON SEf
SHEET TITLE
ELfCTRICAL5fTEP\.ANotNOlES
SHEET NUMBER
E-l
GROUNDING KEYED NOTES:
0) ~2 AWG EXTERNAL GROUND RING. SEE DETAIL 12/E-3.
(3) g~~~~O~G~~UN~~~~IO~O:1EDSET~ D~~~R~)E~~B Fg~E G~~A~~ 5~~E3C~~~ECTIONS
G) GROUND ROD (TYP) SEE DETAIL 1/E-'.
CD TEST WELL SEE DETAIL 2/E-3.
(0 CAD WELD (lYP). SEE DETAIL 6/E-3.
o ~~_fR~JW~R~N~o~~gO~~~~~Tl~~~S~Ew~~~~~oJ~~Nfo:lciR~~~OD~~~
CONNECTIONS, AND SEE DETAIL 4/E-3 FOR COAX GROUNDING
(j) ~~O~~~ ~ft?GUN8r~Rg~ (~INp~~~~~DSE~~21~~~~E~~ ICE BRIDGE TO EXTERNAL
@ II-~ AWe WELDING CABLE OR flEXIBLE CABLE, GATE JUMPER. SEE DETAIL 7/E-.3,
o /1-2 Awe GROUND fROM POWER ~ETER TO ISOLATED GROUND ROD SEE DETAIL 1/E-3.
@ ::EN~~E G~~~~D 5i~:.~ ~~~ AciR~~~N~Rl~g~s~~u~~~E sl~W6~~r~ Oc;::.3 G;gRUND
GROUND WIRE CONNECTIONS, AND SEE DETAIL 4/E-3 fOR COAX GROUNDING
@ ~~~E~rr'i7~~~~_~USF~RB~RtJN~O~~M c~s~~b~To~?Ws~~ ~~~AIEOfci/2~~U~R KgFioUNO
WIRE CONNECTIONS. AND SEE DETAIL 4/E-3 FOR COAX GROUNDING
@ i6 Awe ANTENNA MOUNT GROUND TO ANTENNA GROUND BUSS BAA SEE DETAIL 11/E-3,
@ rt.rt~~ T~~~~N~R~U~~ 'i::~c~r:w~: (~~O~i1~E~)SS S~R D~A~XI~i'i_s~TERNAL
IJ4' '2 AWG GROUND FROM EACH ICE BRIDGE VERTICAL POST TO EXTERNAL GROUND RING
~ (TVP) SEE DETAIL 12/E-'
@ r~/~~g GROUND FROIA BATIERY CABINET TO EXTERNAL GROUND RING SEE DETAIL
@ 96 AWG GROUND FROM GPS ANTENNA MOUNT TO ANTENNA GROUND BUSS BAR.
@ g~~rG31:~~N~6R~2~t~gH VERTICAL fENCE POST TO EXTERNAl GROUND RING. SEE
@ ~~Af,!;.pG~~UM ~~~E~TE~~ g~A~~D118Jt~3.BAA TO LATTICE lOWER GROUND BUSS
@ r;/:~g. GROUND FROM EQUIPMENT CABINET TO EXTERNAL GROUND RING SEE DETAIL
@ 1f2 AWG FROM SUPPORT RACK TO EXTERNAL GROUND RING SEE DETAIL 12/E-3.
@ lJe AWG GROUND FROM GENERATOR TO GENERATOR GROUND BAR
~ *6 AWG GROUND FROM GENERATOR GROUND BAR TO EXTERNAL GROUND RING (TYP OF
'eI (2) PLACES)
@ '6 AWG GROUND fROM TELCO BOX TO EXTERNAL GROUND RING
@ #6 Awe GROUND FROM BREAKER PANEl TO EXTERNAL GROUND RING
@ #6 AWG GROUND FROM ATS TO EXTERNAL GROUND RING
ELECTRICAl SYMAOLS
_ GROUND BAR
IBI GROUND ROD WITH ACCESS
8 CHEMICAL GROUND ROD
S GROUNO ROD
OJ DISCONNECT SWITCH
[ID METER
~ CIRCUIT BREAKER
. CADWELO TYPE CONNECTION
. COMPRESSION TYPE CONNECTION
GROUNDING WIRE
~ - REPRESENTS DETAIL NUMBER
\@ REFERENCE SHEET NUt.lBER
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BCW
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GEN
IGR
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MGB
PCS
PTS
PVC
RGS
RW'!
TVP
AAARFVIATlONS
AI.4ERICAN WIRE GAUGE
BARE COPPER WIRE
DRAWING
ELECTRICAL METALliC TUBING
GENERATOR
INTERIOR GROUND RING (HALO)
INTERMEDIATE METALLIC CONDUIT
MASTER GROUND BAR
PERSONAL COMMUNICATION SYSTEM
POWER TRANSFER swnCH
RIGID (SCH. -40) POl'I'VINYL CHLORIDE CONDUIT
RIGID GALVANIZED STEEL
RACEWAY
TYPICAL
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24"ltJ6" SCALE: 1/"" - 1'-0" ~ __
l'"x17" SCALE; 1/8" - "-0" ... r2' l' 0" ...
THE IHfDlUlATIOH ComAIloIED IN THIS SET OF cONSmuCTIOH OOCUIoIOOS IS PROPRIETARY err WoTUSlt.. Uff USE OR OISCLOSURE OTHeR TrWl lHo\T WHICH RELATES TO CNlRIER SEfMCES IS STRICllY PROHIBITED.
SCHEMATIC GR.oUNDING PLAN
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01-11" F'RF.I.ll,lllNAR"t" CD'S ,~
HOT FOR CONSTRUCTION UNLESS
lABELED 1S CONSTRUCTION SET
SHEET TiTlE
SCHOlATIC GROUNDING PlAN
SHErr NUMBER
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~
CD w.iH CONDUCTOR, COf'F'ER CAflLE
CD 5(8")C8' CClPPEJI (:lAD STEEL GROUND ROD
CD C.wI'IELD lYPE jA"
G:> CA.CWELD ~E -or
GROUND RING BONDING
SCALE: {24i<J5j:NtH TO SOJ..E
SCAlE: (11":<17;: t.OT TO SCM-E
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CADWELD GROUNDING CONNECTIONS
SCALE: (24"x35"): MOT TO SCAlE
SCALE: (11'X17"):NOT TO SCAlE
ANTEN~A C'..IBLE
'6 AWG SntANoro COPPER
CllOUNP lWlE (GROUNOO) TO
GROUND BAR). SEE NOTE I '" 2
C,.\SlL CDHlolECTOR
""""
1. DO HOT INSTALL CAalE GROIN ICIT AT A BEND .-.NO ALWI\YS CUtECT GROUNO WIRf
DOWN TO GROUND BAR.
2. GROUNOlHC KIT SHALL BE T'l'PE AND PART NUMBER AS SUPPUED OR RECOWloIENDEO
BY CABLE IoWIUF.\CT\/RER..
J. WEATKER PROOFI~ SHALL lIE TWO-PART TN>E KIT, CotD SHRINK Stw..L NOT BE.: USEe.
CABLE GROUND KIT CONNECTION
sCALE: (24"X3ti1: NOT TO SCALE
SC#IlE: (l1"'X17'):~OT TO SCALE
GROUND RING
CCl.'J( TO ANTEHHA
GROUMlIHG KIT (TYP)
'6 AWG (PROVIOED WfT1-I
GROUMllNG KIT T'l'P)
co.u C'JIElLE (T'l'f'
fOR ALL)
-GROUND KIT (lYP)
-~co~ TO Sf 5 EQUIPMENT
WI TAAY OR leE BRIDG(
GROUHD WIRE
12
SCAI..E: (24"XJ6j:NOT TO SC'J.E
SCALE: (11"Xl1':NOT TO SCALE
.ore
NUI.lBER OF GROUNDING IlARS I.UIY VMI.'f OEPEHDING ON TIlE TYPE OF TOWER. ANTEHt.lA
LOCATIONS AND CONNECTION OflIEtITAOOH, PROVIDE AS RmllIRED.
ANTENNA CABLE GROUND-TOWER
NOT USED
8
SCALE' (24"XJ6'):NOT TO SCIILE
SCAlE' (1 1"X17'): NOT TO SCALE
16 Awa rROI.! ANTEHNA
CNILE GllOUHD I<IT ~
GROUND BAR ON
lW<Ll, ICE flMlOOE,
MOR OR OH
AHTENHA TOWER
"TWO HOLE LUG, OR
EXOTHER.l.IIC WELD TO BE
USED WITH '2 Awe BCW TO
BUILDING sEFlVlct GROUND
OR GROUND RING
'--GROUHD CONDUCTOR SHAll
BE ELlldlNATEO WHEN
GROUND eAR IS
ElECTRICALLY BONDED TO
tiDIr; ~ETAl TOWER/l.4OHOPOlE
GROUND EWlS AT BOTTOM Of TOWERSfI,foNOf'OLES STRUCTURE
SHALL ONLY USE EXOTIlERl.41C WElDS.
GROUND WIRE INSTALLATION
11
SCALE. (24,,)(J6"): NOT TO SCALE
SCALE: (1 1"X.\7"}:iIDT TO !;;CoILE
NOT USED
4
SCALE: (H"XJ6"):NOT 10 SCAI.(
SCALE: (l'"XI7"):NOT TO SCAt!
CCW< JUI.4PER
(TW)
10 CROUND RING
WEATHERPROOFING
KIT (rfp)
GROUNO KIT (rfp)
CONNECTOR
WEATHERPROOFING
I<IT(TYP)SrtNOTF:2
'6 AWG
ANTENNA GROUNO ~R,
WITHOUT !NSULATOR'S.
BONDED DIRECTlY TO TOf'
Of ~ONOPOLE OR TOWER.
#m"NNA C'.8LE
TO IJTS EQUiPlr.lEHT (TYP)
""""
DO NOT INSTALL CABLE GROUND KIT AT A RENO AND IJ...WAYS DIRECT GflDUND WIRE
DOWN TO ANTtNNA GROUND BAR
wEATHER PROOfiNG SH./rU BE TWO-PART TAPE KIT COlD SHRINK SHAll NOT BE USED.
GROUND CABLE CONNECTION
7
SCALE: (24"X.J6"):NOT TO SCM.E
SCALf: (11"X.17j.NOT TO SCALE
3/"- CRUSHED STONE.
flll. TEST WELL TO
WlTIiN 2" or TOP.
lB" 0lAI0lETER PR[CAST
WElll'lTTH SUi" SEAlING
STEa 1.1), SUBMIT SIiOP
0~\M(,;S.R)l\~H..
EXISTlNGGRAOE
TEST LOOP - '2
SOl.J:l nNNED WIRE
~~t~ ~:ED
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TOTAL Of' ONE WEll. PER
SITE - VOllfY lOCATI)N
WITH PROJECT "'A.HAOER.
<^" wnD
ij-OROUt<<:l ROD
COPPER CLAD STEEL
5/D""'0'-0" LOHG
TEST WELL - lYPICAL
THE Ih'fORijATIC>>l CONTAIH(O Vi mlS SET OF CONSlRUCTIOH OOCUlt.lENTS IS PRCPRIETARY BY HAl1.IRE. Nl'i Us( OR DISCLOSURE OTHER THAN THAT WfICH RQJ..lES TO CARRIER SOMCES IS SlRlCl\.Y J>Rt>>l18\lED.
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SCALE: (24'XJ6j: NOT TO SCAlf:
SCALE: (1'"X17"):NOT TO SCALE
COIAPACml
&.CKfllLWITH
SATISrACTORY NATIVE
OR I~PORTED SOIL
"""
SEPAAATKJH OlhlENSlON TO BE VERlflEO WITH lOCAL UTILITY COMPANY REQlJIREI!IENTS.
POWER TELCO TRENCH
"""
1) COPFffi GltOUNO BAA, 1/~'x 4ior 20", NEWTON INSTRUMENT CO,
CAT. NO. 8-6',,"2 OR APPROVED EDIJAL HOLE CEHTERS TO MATCH NEW.
DOUBLE LUG CONFlOUAAl1ON. (AcnJM. GROlJml EWI SIZE W1ll
VAA'/ ~EO ON NUIolBtR Of" OROUND CONNECTIONS)
2) IHSUl.ATORS, NEWTON INSlRUl,lrnT CAT. NO. 3061-4 OR ^PPROVID Eal/Al
J) s/a- lOCI( WASliERS. NEWTON lNSTRlJl.lENl' CO
CAT. NO. 3015-8 OR APPIlOYED EDUAl
4) WALl IolOUNTING BRACKET, NEWTON INSTflUIoIENT co
c.\T NO. A-6058 OR N'PfIOYfO EQUAL
5) 5/B-' 1 )( ," HHCS BOLTS. NEWTllN INSTRUMENT CO
CAT NO. 3012-1 0/1 APPROVED [QUAL
Ii) IItS\lViroRS S\UU. BE. EUJ.l1WlTED WHEN BONDING DIRECT~Y TO
TOWER/lAONOPOlE STRUClURE. CONNECTION TO mWER/l,IONOPOU:
smuCTURE: SH.\Ll BE PER I4ANUfACTURERS RECOMUOlClATlOHS.
lYPICAL GROUND BAR
6
SCALE: (24"XJ6j:NOT TO SCALE
SCALE: (1,"X17j:NOT TO SCllLE
[
EXISTING GRAO(\
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RlJ'K; GROUNO '2 Awe
sew SOLlI, T1HNED
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COPPER CLAD STEEL
5/8"h10'-0. LONG
GROUND ROD
2
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SCN..E.(11"X17"}:NOTTOSrCAlE
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". OAT! D{5CIIIPl\l)H .,,"'
(11-1_ I"RE;UIoI!NAFlY CD S ~.
MOT FOR CONSTRUCTION UHt!SS
lAIlElED AS COHSTRUCTlOH S;:ET
SHEET TITLE
ELECTRICAL OETAlS
SHEET NUMBER
E-3
DA TE SUBMITTED:
BILL #
Oq- DS0
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
"B
........................................................................................
SUBJECT: Agreement with Bremerton
Farmers Market for use of Evergreen Park
south parking lot
Committee Meeting Date: Feb, 25, 2009
COUNCIL MEETING Date: March 4th, 2009
Department: Parks and Recreation
Presenter: Wyn Birkenthal
Phone: 473-5752
SUMMARY: This agreement will authorize the non-profit Bremerton Farmers Market to use the
south parking lot of Evergreen Park on Thursday afternoon from 1:00 pm to 8:00 pm from May 14th
to October 15th for the sale of farm produce, art, crafts and prepared food items. The Market will pay
the City a fee of $250 per year.
ATTACHMENTS: 1) Agreement for use of Evergreen Park South Parking Area
2) Site Map
FISCAL IMP ACTS (Include Budgeted Amount):
No Fiscal Impact
APPROV ALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT:
~.
;'jf, ~C ~I
CONSENT AGENDA
GENERAL BUSINESS ~
PUBLIC HEARING 0
, RECOMMENDED MOTION:
Move to approve the agreement for Thursday evening use of the Evergreen Park south parking lot by
the Bremerton Farmers Market and authorize the Mayor to finalize and execute the agreement with
substantially the same tern1S and conditions as presented.
COUNCIL ACTION: 0 Approve 0 Deny 0 Table
o Continue 0 No Action
CONCESSION AGREEMENT
THIS CONCESSION 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 the BREMERTON FARMER'S
MARKET (hereinafter referred to as the "Licensee").
WITNESSETH:
1. PREMISES: City is the legal owner of the property identified in Exhibit A.
The City hereby grants to Licensee this concession for the use of the parking lot
identified in Exhibit A for the uses and purposes described herein.
2. USES AND PURPOSES: Licensee shall have the use of the premises identified in
Exhibit A for the purpose of a Farmer's Market. Such Farmer's Market shall be limited to the
premises, and shall only be allowed during the months of May - October of each year that this
agreement is in effect. Additionally, the Licensee shall only use the premises on Thursday
afternoons from 2:00 pm until 8:00 pm.
Sales, display, storage and delivery of Farmer's Market merchandise shall be limited to
the paved and/or graveled areas of the premises. The Farmer's Market shall not use any irrigated
and/or landscaped areas of Evergreen Park.
The Licensee shall be responsible for the clean up of litter, unsold merchandise,
packaging, displays and other market related items following the close of the Farmer's Market
each Thursday.
No permanent signage or other advertising shall be used by the Licensee. However,
temporary signage may be used by the Licensee and may be placed at entrances to Evergreen
Park as well as other locations within Evergreen Park upon the written approval of the City's
Parks and Recreation Director.
No alcoholic beverages are permitted for sale or consumption within the premises.
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 tell11, of this Agreement shall be for a period of two (2) years from the
date of execution. However, the parties shall have the option to terminate this Agreement at any
time with ninety (90) days written notice to the other party.
1
4. COMPENSATION: Licensee shall make an annual payment to City in the amount of
$250.00. Such payment shall be made prior to April 1 of any year this agreement is in effect.
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 certified or regular mail addressed as specified
below.
City:
City of Bremerton
City Clerk
345 6th Street
Bremerton, W A 98337
Licensee:
Bremerton Farmer's Market
6. 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.
7. PERMITS. Licensee shall obtain, at Licensee's expense, all permits necessary for
Lessee's intended use.
8. UTILITIES. Licensee shall pay for all services and utilities supplied to the premises
including the required installation, connection and disconnection of those services necessary for
Licensee's use of the Property. Such payment shall be in addition to the annual payment paid by
the Licensee.
9. INDEMNIFICATION. Licensee shall defend, indemnify and hold the City harmless
from any and all claims, causes of action, liability, damage, expense (including all legal costs and
attorney fees), suits, or judgments for personal injury or property damage arising from or in any
way connected with Licensee's performance under this agreement. The provisions of this
paragraph shall survive the expiration or termination of this agreement.
10. INSURANCE. Licensee shall procure and maintain for the duration of this
agreement, insurance against claims for injuries to persons or damage to property that may arise
from or in connection with use of the premises by the Licensee, its agents, representatives,
employees, customers, contractors or subcontractors.
By the commencement of the rental period, the Licensee shall provide a Certificate of
Ins urance evidencing:
Commercial General Liability insurance written on an occurrence basis with limits
no less than $1,000,000 combined single limit per occurrence and $1,000,000
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; and employer's liability.
2
Any payment of deductible or self insured retention shall be the sole responsibility of
Licensee. The City shall be named as an additional insured on the insurance policy, as
respects the operation of this agreement by or on behalf of Licensee and a copy of the
endorsement naming the City as additional insured shall be attached to the Certificate of
Insurance.
Licensee's 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. Licensee's insurance shall be primary insurance as respects the City and
the City shall be given thirty (30) calendar days prior written notice of any cancellation,
suspension or material change in coverage.
11. MODIFICATION. This agreement may not be modified, altered or amended unless
first approved in writing by the City.
12. ENTIRE AGREEMENT. This agreement contains the entire agreement between the
parties and, in executing it, City and Licensee do not rely upon any statement, promise, or
representation, whether oral or written, not expressed herein.
CITY OF BREMERTON
BREMERTON FARMER'S MARKET
By:
Title:
By:
Date:
Title:
Approved as to form:
Date:
City Attorney
Attest:
City Clerk
R: \Le gal \Le gal \ Contracts \P ARKS\F armersMar ketConcessinAreement. doc
3
EXHIBIT A