HomeMy WebLinkAbout10/06/2010 AGENDA I„
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CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473 -5280
** *AMENDED * **
OCTOBER 6, 2010
CITY COUNCIL MEETING AGENDA
1. BR. IEFING 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. PUBLIC RECOGNITION
5 CONSENT AGENDA
A. Claims & Check Register
B. Minutes of Meeting — September 15, 2010
C. Minutes of Special Meeting & Study Session — September 22, 2010
D. Minutes of Study Session & Joint Discussion with Bremerton Fire Department and
South Kitsap Fire & Rescue (SKFR) — September 29, 2010
E. Resolution No. 3122 authorizing a Sole Source Contract; and Goods and Services
Agreement with APsco, INC. of Kirkland, WA for the Purchase of a WEMCO Grit
Classifier for the Westside Wastewater Treatment Plant
F. Commercial Broadcast Facility Lease Agreement with SEATTLE STREAMING RA DIO LLC
for the Forest Ridge KBRO Tower Site
6. GENERAL OU,SINESS
A. Approval to apply for an Economic Development District (EDD) Public Works Prioritization
Process Grant
7. COUNCIL MEMBEI REPORTS
8. EXECUTIVE SESSION
A. 55- Minutes to discuss "Potential Litigation" per RCW 42.30.110(1)(i) No action taken
9. A,RJO„URNMENT gF C4TY CQUNCII,BUSINESS„NEgIING
® Americans with Disabilities Act -(ADA) accommodations provided upon request. Those requiring special accommodations
should contact the City Clerk's Office at (360) 473 -5323 by noon on the Monday preceding the Council meeting.
BREMERTON CITY COUNCIL
MEETING SPEAKERS LIST
PLEASE PRINT YOUR NAME BELOW
IF YOU WISH YOUR COMMENTS TO BE
INCLUDED IN THE RECORD
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REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK
THANK YOU
DATE SUBMPITED: 10/6/2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL,
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SUBJECT: Committee Meeting Date:
COUNCIL MEETING Date: October 6, 2010
Claims & Check Register Department: Financial Services
Presenter: Cathy Johnson
Phone: 473 -5296
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:
CON MTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
1) Check #'s 339671 through 339987 and Errs 10211 through 10282 in the amount of $3,442,774.34.
2) Regular Payroll for the pay period ending September 15, 2010 in the amount of $723,030.48.
3) Retiree Payroll for the pay period ending September 30, 2010 in the amount of $79,078.99.
4) Regular Payroll for the pay period ending September 30, 2010 in the amount of $714,210.56.
5) Retiree Payroll for the pay period ending September 30, 2010 in the amount of $177.52.
6) Retiree Payroll for the pay period ending September 30, 2010 in the amount of $- 177.52.
7) Retiree Payroll for the pay period ending September 30, 2010 in the amount of $- 665.68.
8) Retiree Payroll for the pay period ending October 1, 2010 in the amount of $177.52.
COUNCIL ACTION: ® Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
iA
AGENDA 8111.1,
CITY OF BRENIERTON
crn COUNCIL
St'R.IF.C'T: City ('otincil kIcetHig ivflnutcs Committee Ylceting Date: N /;1
lur imeeting of
('( Nc'u. Mt:t: t ty(i I)ate:
tCti, 6 Department: City C 'otincii
Presenter: Nick Wofford,
Council President
Phone: (360) 473 -5280
SUM�IMARY: Attached is the summary of the City Council Meeting held se�ten+be>n � a of O
i .
ATTACHMENTS: Meeting Minutes for .Se?fewb
FISCAL IMPACTS (Include Budgeted Amount): N/A
APPROVALS:
DEPARTMENT DIRECTOR: Council President
CITY ATTORNEY: N/A
FINANCE DIRECTOR: N/ A
MAYOR: N/A
COMMITTEE CHAIR N/A
COUNCIL PRESIDENT: CONSENT AGENDA
GENERAL BUSINESS ❑
(_P UBLIC HEARING ❑
REC'ONINIENDF.D ,MOTION:
\lov c to approve mccting minutes as presented.
('OFN('ll. ACTION: ❑ ;lpprove ❑ Ikny ❑ fable ❑ ('untunie ❑ No .Action
DIGITAL RECORDING
CITY COUNCIL MEETING MINUTES
Wednesday, September 15, 2010
The weekly meeting of the City Council of the City of Bremerton was called to order Wednesday,
September 15, 2010, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT
CENTER, 345 6' Street, Bremerton, Washington, with Council President Nick Wofford presiding. Council
Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon,
Adam Brockus, Cecil McConnell and Jim McDonald. Also present were City Attorney Roger Lubovich;
City Clerk Carol Etgen; Deputy City Clerk Pam Bykonen; and Legislative Assistant Lori Smith.
A COUNCIL BRIEFING was then held to discuss General Council Business at 5:00 PM in the Council
Conference Room. At 5:30 PM the meeting moved to the Meeting Chambers.
The Pledge of Allegiance was led by Council Member Jim McDonald followed by the invocation
provided by Reverend Ron Anderson of Manette Community Church.
MAYOR'S REPORT Mayor Patty Lent...
• Brought forward Public Works Director Vincent Akhimie who introduced Katherine Morgan a new
grant- funded employee who will be shared with the other three Kitsap County cities;
• Presented a special recognition award from the Department of Ecology to Pat Coxon Wastewater
Treatment Plant Manager, for 5 -years of outstanding performance by the City of Bremerton's
Wastewater Treatment Plant staff;
• Presented a Mayor's Recognition Award to a team of residents from the Benedict House who
volunteered their time as part of the City's Beautification Program by cleaning up litter in areas
around the City;
• Introduced Lonnie Schmidt who thanked the City of Bremerton for partnering with PSNS for the
Annual Western Washington State Safety & Health Expo that was held in August. Mr. Schmidt was
proud to accept the award on behalf of all the volunteers for their contributions and the partnership
with PSNS, City of Bremerton, and the community to this years Expo that has now been recognized
on the national level and was in Florida recently to accept the award on behalf of the Planning
Committee at the Annual Conference for the National Voluntary Protection Participation Association;
• Accepted an award from the 2010 US Census Bureau that was presented to the City of Bremerton
for partnering in the recent Census Count; and
• Proclaimed September 18, 2010 as "POW & MIA Recognition Day ", and presented a
proclamation to VFW Post 39.
PUBLIC RECOGNITION & ANNOUNCEMENTS
Scott Bartlett Curator from the Kitsap County Historical Society Museum, invited the public to celebrate
the opening of the exhibit "Spanning the Great Peninsula — Bridges of Kitsap" on Thursday, September
30 from 6:00 to 9:00 PM; and also mentioned that the museum would be open during the First Friday Art
Walk on Friday, October V t .
Pam Bykonen Community Development, presented pledge forms to the Council Members to kick -off
the 2010 Community United Way Campaign.
Julie Debrowski explained that the City license fee required by landlords is a major reason why she
does not purchase property in Bremerton.
Brent Warner also expressed concern about the proposed additional fee for landlords who own multiple
properties, and reminded the City that they should utilize "tools" that are already in place to deal with
"slum lords" such as the nuisance law.
CONSENT AGENDA
A. Check Numbers 339468 through 339670; and EFT -10177 through EFT -10210 in the amount of
$2,034,978.38; and Regular Payroll in the amount of $760,851.83 for the pay period ending August
31, 2010.
City Council Reg. Mtg. Minutes
Wednesday, September 15, 2010
Page 2 of 4
B. Minutes of Meeting - September 1, 2010
C. Minutes of Study Session - September 8, 2010
D. Appointment of Robert M. Dollar to the Parks & Recreation Commission
E. Ordinance No. 5121 amending Chapter 10.12 of the Bremerton Municipal Code (BMC) entitled
"Bicycles and Skateboards" to remove bicycle registration from the Code
F. Acceptance of Edward Byrne Memorial Justice Assistance Grant (JAG)
There were no questions or comments from the public...
05:59:25 M /S /C /U (Runyon /Arends) Move to approve the CONSENT AGENDA as presented and amended.
Voted in favor of Motion: McDonald, Brockus, Runyon, Wheeler, Robinson, Arends, Maupin, and
Wofford
Abstained: McConnell
Motion carried: 8 -Yes; 1- Abstention
GENERAL BUSINESS
6A - ORDINANCE NO. 5122 AMENDING CHAPTER 10.10 ENTITLED "RESTRICTED PARKING
ZONES" AND CHAPTER 10.11 ENTITLED "PARKING ENFORCEMENT" OF THE BREMERTON
MUNICIPAL CODE (BMC) Council President Nick Wofford and Chair of the Ad -Hoc Downtown
Parking Committee, explained the Committee was formed to discuss amendments to the provisions
relating to parking in Bremerton's Downtown Core in order to better meet the needs of Bremerton's
citizens. The proposed ordinance amends Chapter 10.10 entitled "Restricted Parking Zones" and
Chapter 10.11 entitled "Parking Enforcement" of the Bremerton Municipal Code.
Carlos Jara stated that he was a downtown business owner, and was also a member of the Ad -Hoc
Parking Committee, and that the proposed action would address the issues that were discussed by the
Committee, and therefore urged the Council for their support.
06:06:06 Motion was made by Arends; and seconded by Runyon. Discussion then began by the
Council Members...
Roy Runyon thanked everyone who participated on the Ad -Hoc Downtown Parking Committee to
resolve issues with downtown parking; and mentioned that the Council would next form an Ad -Hoc
Committee to resolve some of the parking issues related to residential areas.
Carol Arends expressed her support for this action. Greg Wheeler also expressed his support.
Will Maupin stated that as a member of the Ad -Hoc Downtown Parking Committee, his hope was to not
only address some of the on -going issues with downtown parking, but to improve the poor perception
that the public has about parking in downtown Bremerton and to make it more "customer friendly ". He
feels that this ordinance will be a positive step in the right direction, just as the previous action taken by
the Council was to restrict handicap parking; but regrets that they could not come up with a way to
resolve all of the problems.
06:14:35 M /S /C /U (Arends /Runyon) Move to pass Ordinance No. 5122 amending Chapter 10.10 of the
Bremerton Municipal Code' entitled "Restricted Parking Zones" and Chapter 10.11 of the Bremerton
Municipal Code entitled "Parking Enforcement ".
613 ORDINANCE NO. 5115 AMENDING SECTION 5.02.040 ENTITLED 2
cRNCTION 5 EN T - IT' z^n" S€PAR_AT € r - € r -RAI6 BUSINESS 11 CMISSFRE�^�'v'll� €D— ^o, --T,S
Mrshfir-RTON MUNICIPAL CODE (13MG! Item was postponed until November 3, 2010...
City Council Reg. Mtg. Minutes
Wednesday, September 15, 2010
Page 3 of 4
PUBLIC HEARING
7A — CONCESSION AGREEMENT WITH PIERCE COUNTY- KITSAP YMCA Roger Lubovich City
Attorney explained that the proposed agreement replaces the current concession agreement between
the City of Bremerton and the YMCA for use of the 3.1 acre land parcel upon which the YMCA facility
has been located since 1984. The agreement extends the YMCA's term of use for the property and
incorporates the management, maintenance, and operation of the City's pool approved by Council
during its September 1 meeting. The property upon which the YMCA facility is situated is subject to the
City's Park Protection Ordinance, Chapter 13.12 of the Bremerton Municipal Code (BMC). Although the
agreement and its terms are not drafted as a lease but as a concession, staff is recommending that
approval be processed under this code with two public hearings before final approval. Parks &
Recreation Director Wyn Birkenthal added that a Parks Commission Special Meeting was called to
allow the Commissioners time to review this Concession Agreement, which they unanimously approved.
President Wofford opened the Public Hearing to the public for comment...
Mike Walton YMCA Marketing Director and Executive Director for the Kitsap Public Facilities District,
presented a report completed by the Kitsap Public Facilities District two years ago when they studied
other community pools in the area and the difficulties they had in operating community recreation pools;
Jane Erlenson YMCA Director of Operations, discussed some of the programs offered by the YMCA
that are important to the community of Bremerton such as Date Night for Military couples and Splash &
Jam for youth; and urged Council to support the agreement.
Dan Nohel explained that he was the first manager of the City's pool, and thanked Council Members
McConnell and Brockus for voting against the Concession Agreement at the last Council Meeting
because he continues to be against the action taken by the Council last week to turn over the
management of the Pool to the YMCA; also expressed his concern about the lack of public notice when
the issue about the pool was initially discussed.
Bert Warner was against the pool closing. President Wofford clarified that the pool was not closing,
but that it would now be managed by the YMCA instead of the City.
No action was taken. This was the 1 of 2 Public Hearings, Action is anticipated at the 2" Public
Hearing to be held during a Special Meeting next week on September 22, 2010...
COUNCIL MEMBER REPORTS
Will Maupin thanked the individuals who served on the Ad -Hoc Downtown Parking Committee; and
pointed out the Robert (Bob) Dollar was appointed to the Parks Commission earlier in the meeting and
thanked Mr. Dollar for his willingness to serve. He was also surprised to learn that the City of Federal
Way applied for and was awarded $1- million per year for an economic development project, but they do
not currently have a project so they are not using the money. He also discussed the EB -5 Program
which is a state program that was developed to bring in money from foreign investors.
Carol Arends discussed her attendance at the CenCom Budget Committee Meeting earlier today with
Mayor Patty Lent and fellow Council member Greg Wheeler.
Dianne Robinson announced that a Veterans Job Fair was going to be held on Saturday, September
25 from 10:00 AM to 2:00 PM in the Jackson Park Community Center; and an Organizing Effective
Coalitions utilizing the Strategic Prevention Framework workshop would be on September 28 & 29 from
9:00 AM to 4:00 PM in the Meeting Chambers. She discussed her attendance at the Suffrage
Celebration hosted by the Women's League of Voters and announced that they will be hosting candidate
forums for the 23 and 35 Legislative Districts; provided a briefing on the Public Works Committee
meeting held yesterday; and congratulated Larry Matel for receiving recognition in the prestigious Civil
Engineering Magazine and Pat Coxon and his team for being recognized by the State Department of
Ecology for five years in a row.
City Council Reg. Mtg. Minutes
Wednesday, September 15, 2010
Page 4 of 4
Greg Wheeler also attended the Suffrage Celebration hosted by the Women's League of Voters;
discussed his participation on the CDBG Advisory Committee; and announced a ceremony would be
held this Friday, September 17 from 7:45 to 8:15 AM at the Naval Undersea Museum in Keyport in
observance of POW & MIA Recognition Day.' Lastly, he commented on the very moving 9 -11 Memorial
Ceremony that was held in conjunction with the arrival of the steel beams form the Twin Towers at
Evergreen Rotary Park last weekend.
Roy Runyon invited members of the public to attend the Open House of the new Municipal Court on
Friday, September 17 from 4:30 to 7:00 PM, with the Ribbon Cutting Ceremony at 5:30 PM in the new
location at 550 Park Avenue; and the 2 nd Annual "Bremerton Party" fundraiser to benefit the Bremerton
Foodline and East Bremerton Rotary to be held on Saturday, September 25 beginning at 7:00 PM in the
Meeting Chambers. He also announced a new business, Kitsap Public Relations located at 409 Pacific
Avenue in Suite 101 owned by Nate Murphy, who may be contacted at (206) 618 -2790.
Adam Brockus reported on the recent Manette Fest; and announced that the Manette Bridge will be
closed from 7:00 AM to 7:00 PM on the following Thursdays: September 16, 23, and 30; and October 7,
14, 21, and 28.
Cecil McConnell had no report but jokingly stated that to get equal time he could read the YMCA
Concession Agreement in its entirety ... On a serious note, he explained that he wanted to attend the 9-
11 Ceremony but came down with a case of vertigo.
Jim McDonald also attended the 9 -11 Memorial Ceremony, which he too found very moving; and also
attended the Manette Fest which he enjoyed very much.
Nick Wofford thanked Bob Dollar for volunteering to serve on the Parks & Recreation Commission; and
encouraged citizens to volunteer to serve on the Residential Parking Advisory Committee and noted that
applications are being accepted until September 30 He also encouraged people to support various
organizations in Bremerton as well as the United Way, and to help clean up the City.
With no further business, President Wofford adjourned the Council Meeting at 6:55 PM.
Prepared and Submitted by:
L RI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
NICK WOFFORD, City Council President
NW:CE:ls:cg
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AGENDA I ;II.1. SC
CITY OF BRENdERTON
CITY C'Ol_jN
Sl'B.IEC'T: City ('ouncii Meeting Minutes C'onunittcc \tcetin Date: V -A _
tier meetinguf c'(►t!NC'tl. Nil:t:l'INCi Date: .0 - GfQ -12p-k b r a °,�,
Department: City C ouncil
, ept e .,j.. aa, aoio Presenter: Nick Wufford,
C UUneil President
Phone: ( 300) 473 -5280
SUMMARY: Attached is the summary of the City Council Meeting held Sept- e,,,6i�„ d01 p.
ATTACHMENTS: Meeting Minutes for
FISCAL IMPACTS (Include Budgeted Amount): NIA
APPROVALS:
DEPARTMENT DIRECTOR: Council President
CITY ATTORNEY: N/A
FINANCE DIRECTOR: N /A
MAYOR: N/A
COMMITTEE CHAIR N/A
C'OUNC'IL PRESIDENT: CONSENT AGENDA (�
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
\ c to approve mect111g minutes as presented.
('OUNCII.. CTION: ❑ Approve ❑ Deny ❑ 'fable ❑ ('011WULc ❑ No .Action
DIGITAL RECORDING
CITY COUNCIL SPECIAL MEETING & STUDY SESSION MINUTES
September 22, 2010
A Special Meeting of the City Council of the City of Bremerton was called to order in the First Floor
Meeting Chambers, of the NORM DICKS GOVERNMENT CENTER, 345 6"' Street, Bremerton, Washington,
Wednesday, September 22, 2010, at 5:00 PM, with Council President Nick Wofford presiding. Council
Members present were Will Maupin, Carol Arends, Dianne Robinson, Greg Wheeler, Roy Runyon, Adam
Brockus, Cecil McConnell, and Jim McDonald. Council Assistant Christine Grenier was present to provide
staff support.
The Pledge of Allegiance was led by Council Member Jim McDonald
PUBLIC HEARING
2A — 2 nd OF 2 PUBLIC HEARINGS REGARDING THE CONCESSION AGREEMENT WITH THE
PIERCE — KITSAP YMCA Roger Lubovich City Attorney, summarized that the first hearing was held on
September 15 for public input, and that following input tonight, action is now required.
President Wofford opened the Public Hearing to the public for comment...
Dan Nohel reiterated his concerns about the lack of public notification regarding the pool's financial
problems and proposed fee increases; and pointed out that the actual amount the City will be subsidizing
the pool through this agreement will be much higher than estimates provided by staff.
Bob Ecklund President of Pierce - Kitsap YMCA, continued to pledge assistance to financially challenged
people who wish to use the pool.
President Wofford stated that with no further input, public comment was now closed...
05:11:15 Motion was made by Jim McDonald, and seconded by Roy Runyon ... Discussion was then
opened to the Council...
Cecil McConnell was opposed to the 30 -year term of the agreement; and believed the proposed rates for
users were too high.
Jim McDonald requested clarification on the hearing process. Roger Lubovich explained that this was a
lease of parks property and therefore is subject to the Parks Protection Ordinance which requires two
public hearings.
Roy Runyon asked for more information on parking. Mr. Lubovich summarized that YMCA users may
use the Ice Arena parking lot as an overflow parking lot. Wyn Birkenthal Parks & Recreation Director,
clarified that the lot by the Ice Arena is actually property owned by the YMCA. Mr. Runyon then asked if
approving this agreement will allow the Parks Department to meet budget targets as set out by the Mayor
and Council. Mr. Birkenthal answered no.
Carol Arends believed that keeping the pool open is very important to the community, and was pleased
that the YMCA is agreeable to operating the pool. She also pointed out that contrary to comments made
by citizens that the City has known about this issue for awhile, the Council actually did not know about the
issues with the pool until only recently.
Adam Brockus agreed with concerns expressed by Mr. McConnell about the length of the agreement.
Will Maupin believed that although Parks programs may not be highly prioritized relative to other City
services, he was pleased that this agreement would allow the pool to remain open. He also emphasized
that the YMCA is more capable in making the needed improvements to the pool.
Greg Wheeler reminded the citizens that they have asked the City to seek out partnerships to continue
services by maintaining or lowering expenses; and the length of the contract allows the YMCA to re -coop
their initial investment on capital improvements at the facility.
City Council Special Meeting & Study Session Minutes
Wednesday, September 22, 2010
Page 2 of 2
Dianne Robinson supported this agreement as a good alternative to closing the pool.
05:25:10 M /S /C (McDonald /Runyon) Move to enter into the Concession Agreement with Pierce - Kitsap
YMCA; and authorize the Mayor to finalize and execute the Agreement with substantially the same terms
and conditions as presented.
Voted in favor of Motion: McDonald, Runyon, Wheeler, Robinson, Arends, Maupin, Wofford
Voted opposed to Motion: McConnell, Brockus
Motion carried: 7 -Yes; 2 -No
President Wofford adjourned the Special Meeting at 5:25 PM, and called a recess until 5:31 PM... He
then announced that a Study Session would be held and although it would be open to the public, there
would be no opportunities for input or participation in this portion of the meeting; but that no action will be
taken, and the content of these items is subject to change.
A. NO DISCUSSION PLANNED - The following items are budgeted items or have been reviewed by the
appropriate Council Committee; and will be placed on a future Council Meeting Agenda for action:
1. Proposed resolution authorizing a Sole Source Contract and Goods and Services Agreement for
the Purchase of a WEMCO Grit Classifier for the Westside Wastewater Treatment Plant — Pat
Coxon, Wastewater Treatment Plant Manager; and Dianne Robinson, Public Works Committee
Chair Consent Agenda on October 6
B. FULL DISCUSSION ITEMS)
1. Commercial Broadcast Facility Lease Agreement with SEATTLE STREAMING RADIO, LLC for the
Forest Ridge Park KBRO Tower Site — Bill McKinney, Forestry Manager; and Dianne Robinson,
Public Works Committee Chair Consent Agenda on October 6
2.
Postponed until October 13 Study Session
C. GENERAL COUNCIL BUSINESS — General City Council business was shared.
President Wofford announced that the City Council has scheduled a Study Session next week on
Wednesday, September 29 beginning at 5:00 PM in the Meeting Chambers for a joint discussion with the
Bremerton Fire Department and South Kitsap Fire & Rescue.
With no further business, President Wofford adjourned the Study Session at 5:57 PM.
Prepared and Submitted by:
CHRISTINE GRENIER
Council Assistant
Attest:
CAROL ETGEN, City Clerk
NICK WOFFORD, City Council President
NW:CE:ls:cg
"A I I. S110111
WENDA BILL
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t
tit'BJEC T: City Council Nv9ecting Minutes ('ontmittee Meeting Date: N,:1
fir meeting of l'Ol;V('ll_ \11:I 11N(I Date:
Department: City C ouncil
SeP a 9, a 01 4 1 Presenter: - Vick Wofford,
Council President
Phone: (300) 473 -280
SU,NIMARY: Attached is the summary of the City COL►neil Meeting held
ATTACHMENTS: Meeting Minutes for
FISCAL IMPACTS (Include Budgeted Amount): N/A
.-APPROVALS:
DEPARTMENT DIRECTOR: Council President
CITY ATTORNEY: N/A
FINANCE DIRECTOR: N/A
MAYOR: N/A
COMMITTEE CHAIR N/A
( Y)1.1N('IL PRESIDENT: CONSENT AGENDA [$J
GENERAL BUSINESS ❑
j___ iBLIC HEARING ❑
RECOMMENDED MOTION:
%1mc to approve meeting minutes as presented.
COUNCIL ACTION: kpprove ❑ DC11y ❑ fable ❑ ('untinue ❑ No .Action
DIGITAL RECORDING
CITY COUNCIL STUDY SESSION MINUTES
September 29, 2010
A Study Session of the City Council of the City of Bremerton was called to order in the First
Floor Meeting Chambers of the NORM DICKS GOVERNMENT CENTER, 345 61h Street, Bremerton,
Washington, Wednesday, September 29, 2010, at 5:00 PM, with Council Vice - President Will
Maupin presiding. Council Members present were Carol Arends, Dianne Robinson, Greg
Wheeler, Roy Runyon, Cecil McConnell, and Jim McDonald. Council President Nick Wofford
and Council Member Adam Brockus were absent. Legislative Assistant Lori Smith was present
to provide staff support.
Vice - President Maupin announced that the Study Session was open to the public, however
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:
A. Request to apply for an Economic Development District (EDD) Grant — Vincent Akhimie,
Public Works & Utilities Director; and Thomas Knuckey, Utilities Managing Engineer
General Business on October 6 Council Meeting
At 5:16 PM, a joint discussion between the Bremerton City Council and the South Kitsap
Fire & Rescue Fire Commissioners was held on the following item:
B. Presentation on the "Consolidation Fact Finding Financial Report — Bremerton Assistant
City Attorney Ken Bagwell; Bremerton Fire Chief Al Duke; South Kitsap Fire & Rescue Chief
Wayne Senter Information Only
C. GENERAL COUNCIL BUSINESS
General City Council business was shared.
With no further business, Vice - President Maupin adjourned the Study Session at 6:02 PM.
Prep red and Submitted by:
LORI SMITH
Legislative Assistant
Attest:
CAROL ETGEN, City Clerk
NICK WOFFORD, City Council President
NW:CE:ls:cg
DATE SUBMITTED: September 15, 2010
AGENDA BILL
CITY OF BREMERTON 4 S F0
CITY COUNCIL
SUBJECT: Resolution No. 3.19 — Committee Meeting Date: September 22, 2010
Authorizing a Sole Source Contract and COUNCIL MEETING Date: October 6, 2010
Goods and Services Agreement for the Department: WWTP
Purchase of a WEMCO Grit Classifier for Presenter: Pat Coxon
the Westside WWTP. Phone: 473 -5448
SUMMARY: The existing WEMCO grit classifier has reached the end of its mechanical life, and
needs to be replaced with a new unit manufactured by the same company, due to area and piping
constraints. The grit washer is an integral piece of equipment that washes the grit of organic material
before it is transported to the landfill. The purchase of the new WEMCO grit classifier was budgeted
in the 2010 Wastewater Capital Budget. We propose to purchase the WEMCO Grit Classifier from
APSCO Inc. for the price of $52,000 (includes tax and freight). To fit any other unit into this area
would add approximately $25,000 to the budget for a renovation to the room, plus the added cost for a
different unit.
ATTACHMENTS: 1. Proposed Resolution, 2. Goods and Services Agreement, 3 Illustration,
Proposal, and Specifications.
FISCAL IMPACTS (Include Budgeted Amount): The cost for the purchase of the WEMCO Grit
Classifier (Hydrogritter) is $52,000 (includes tax and freight) and is budgeted through the 2010
Wastewater Capital Budget 594.3535 - 56430.
APPROVALS:
DEPARTMENT DIRECTOR: �.
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR !`TL-
COUNCIL PRESIDEN CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION: Move to pass Resolution No. 3 authorizing a sole source
purchase of a WEMCO Grit Classifier for the Westside WWTP and further authorizing the Mayor to
finalize and execute an agreement with APSCO Inc. for the purchase of the WEMCO Grit Classifier
with substantially the same terms and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
RESOLUTION NO. 3 ( A)-
A RESOLUTION of the City Council of the City of
Bremerton, Washington, approving and authorizing a sole source
contract for the purchase of a WEMCO Grit Classifier for the
Westside WWTP.
WHEREAS, RCW39.04.280 provides exemptions to the competitive bidding
requirements of municipalities under certain circumstances including when purchases are clearly
and legitimately limited to a single source of supply, and
WHEREAS, the existing WEMCO Grit Classifier needs to be replaced by a unit
manufactured by the same company, due to area and piping (onstraint+wii; and
WHEREAS, to install any other unit into this area would require renovation to the
room, including drain pipes, overhead piping and concrete removal and installation, adding
additional costs, and
WHEREAS, the City Council desires to waive the bidding requirement and
authorize sole source purchase of a WEMCO Grit Classifier for the Westside WWTP from
APSCO; NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are hereby incorporated as if set forth
herein in full.
SECTION Z Competitive bidding requirements are hereby waived and are not
required for securing contracts for materials, goods, equipment and services necessary for the
purchase of a WEMCO Grit Classifier for the Westside WWTP referenced in this resolution.
SECTION 3. The Public Works Department is authorized to negotiate a
purchase price with APSCO for the purchase of a WEMCO Grit Classifier.
SECTION 4. That the Mayor is hereby authorized to sign a contract with
APSCO for the purchase of a WEMCO Grit Classifier for the Westside WWTP referenced in this
resolution.
SECTION S. SeverabiUV. If any one or more sections, subsections, or sentences
of this Resolution are held to be unconstitutional or invalid, such decision shall not affect the validity
of the remaining portion of this Resolution and the same shall remain in full force and effect.
1
Sole Source Contract Award —
WEMCO Grit Classifier
SECTION 6. ffective Date. This Resolution shall take effect and be in force
immediately upon its passage.
PASSED by the City Council of the City of Bremerton, Washington this day
of , 2010.
NICK WOFFORD, Council President
APPROVED AS TO FORM: ATTEST:
ROGER A. LUBOVICH, City Attorney CAROL ETGEN, City Clerk
2
Sole Source Contract Award —
WEMCO Grit Classifier
GOODS AND SERVICES AGREEMENT
THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ( "City"), and APSCO,
Inc. ( "Vendor "), whose mailing address is: PO Box 2639, Kirkland, WA 98083 -2639
The parties agree as follows:
1. VENDOR SERVICES. The Vendor shall provide the following goods and materials and/or perform the following services for the
City: WEMCO Grit Classifier for the Westside WWTP
2. TIME OF COMPLETION. Vendor shall complete the work and provide all goods, materials and services within 30 calendar
days from the date all parties have signed this Agreement.
3. COMPENSATION. The City shall pay the Vendor the total amount of $52,000.00, including applicable Washington State Sales
Tax and Freight, for the goods, materials and services contemplated in this Agreement. The City shall pay the Vendor the following
amounts according to the following schedule: Lump sum 35 days from date of shipment.
A. Defective or Unauthorized Work The City reserves its right to withhold payment from Vendor for any defective or
unauthorized goods, materials or services. If Vendor is unable, for any reason, to complete any part of this Agreement,
the City may obtain the goods, materials or services by Agreement or otherwise, and Vendor shall be liable to the City
for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and
attorney fees, incurred by the City beyond the maximum Agreement price specified above. The City further reserves its
right to deduct the cost to complete this Agreement, including any Additional Costs, from any and all amounts due or to
become due the Vendor.
4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an
employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security,
state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents,
employees and sub - contractors. The Contractor shall also secure all applicable business licenses, ifrequired, in connection with the contract
services, including all required licenses for Contractor's officers, agents, employees and sub - contractors.
5. TERMINATION. The City may terminate this Agreement for good cause. "Good cause" shall include, without limitation, any
one or more of the following events:
A. The Vendor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for
completion of this Agreement.
B. The Vendor's failure to complete this Agreement within the time specified in this Agreement.
C. The Vendor's failure to make full and prompt payment to subcontractors or for material or labor.
D. The Vendor's failure to complete with federal, state or local laws, rules or regulations.
E. The Vendor's filing for bankruptcy or becoming adjudged bankrupt.
If the City terminates this Agreement for good cause, the Vendor shall not receive any further monies due under this Agreement
until the goods, materials and services required by this Agreement are completed and fully performed.
6. CHANGES. The City may issue a written change order for any change in the goods, materials or services to be provided during
the performance of this Agreement. If the Vendor determines, for any reason, that a change order is necessary, Vendor must submit a
written change order request to an authorized agent of the City within fourteen (14) calendar days of the date Vendor knew or should have
known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Vendor's
costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the
Vendor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it
deems appropriate. The Vendor shall proceed with the change order work upon receiving either a written change order from the City or an
oral order from the City before actually receiving the written change order. If the Vendor fails to require a change order within the time
allowed, the Vendor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If
the Vendor disagrees with the equitable adjustment the Vendor must complete the change order work; however, the Vendor may elect to
protest the adjustment as provided below:
A. Procedure and Protest by the Vendor If the Vendor disagrees with anything required by a change order, another written
order, or an oral order from the City, including any direction, instruction, interpretation, or determination by the City, the
Vendor shall:
1. Immediately give a signed written notice of protest to the City;
2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the
following information:
a. The date of the Vendor's protest.
b. The nature and circumstances that caused the protest.
C. The provisions in this Agreement that support the protest.
d. The estimated dollar cost, if any, of the protested work and how that estimate was determined.
e. An analysis of the progress schedule showing the schedule change or disruption if the Vendor is
asserting a schedule change or disruption.
3. The Vendor shall keep complete records of extra costs and time incurred as a result of the protested work. The
City shall have access to any of the Vendor's records needed for evaluating the protest.
The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a
protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made
for an invalid protest.
B. Vendor's Duty to Complete Protested Work In spite of any protest, the Vendor shall proceed promptly to provide the
goods, materials and services required by the City under this Agreement.
C. Vendor's Acceptance of Changes The Vendor accepts all requirements of a change order by: (1) endorsing it, (2)
writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for
direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the
change.
D. Failure to Protest Constitutes Waiver By not protesting as this section provides, the Vendor also waives any additional
entitlement and accepts from the City any written or oral order (including directions, instructions, interpretations, and
determination).
E. Failure to Follow Procedures Constitutes Waiver By failing to follow the procedures of this section, the Vendor
completely waives any claims for protested work and accepts from the City any written or oral order (including
directions, instructions, interpretations, and determination).
7. CLAIMS. The Vendor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar
days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of
time, whether under this Agreement or otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written
claim is made in strict accordance with the applicable provisions of this Agreement; or, if (and only if) no such provision is applicable,
unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Vendor knew, or
should have known, of the facts giving rise to the claim. At a minimum, a Vendor's written claim must include the information set forth
regarding protests in Section 7(A)(2)(a) -(e).
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL
BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT
CLAIM OR CAUSED BY THAT DELAY.
Vendor must, in any event, file any claim or bring any suit arising from or connected with this Agreement within 120 calendar days
from the date the contract work is complete.
8. WARRANTY. The Vendor shall correct all defects in workmanship and materials within one year from the date of the City's
acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year from the
date such correction is completed and accepted by the City. The Vendor shall begin to correct any defects within seven (7) calendar days of
its receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a reasonable time, the City may
complete the corrections and the Vendor shall pay all costs incurred by the City in order to accomplish the correction.
9. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers
harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in
connection with the performance of this Agreement. Vendor's obligation to indemnify shall not extend to that portion of damages caused by
the City's sole negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds to avoid any of these covenants
of indemnification.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability
for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the
Vendor and the City, its officers, officials, employees, agents and volunteers, the Vendor's liability hereunder shall be only to the extent of
the Vendor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTITUTES
THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED
THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
10. INSURANCE. The Vendor 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 the performance of the Contract work by the Vendor, its agents,
representatives, employees or subcontractors.
Before beginning work on the project described in this Agreement, the Vendor shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury
and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined
single limit per occurrence and $2,000,000 aggregate for personal injury, bodily injury and property damage. Coverage
shall include but not be limited to: blanket contractual; products/completed operationstbroad form property damage; and
employer's liability.
Any payment of deductible or self insured retention shall be the sole responsibility of the Vendor.
All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which shall be
provided on a "claims- made" basis.
The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work
performed by or on behalf of the Vendor and a copy of the endorsement naming the City as additional insured shall be attached to
the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies.
The Vendor's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each
insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability.
The Vendor's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written
notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage.
The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate
of the insurance policy with all endorsements as evidence of coverage.
11. MISCELLANEOUS.
A. Licenses and Taxes. Vendor shall possess a current Bremerton Business License and any regulatory license required to
fulfill Vendor's obligations under this contract. B &O taxes shall be paid when due, and Vendor, by this agreement,
assigns any payments due under this contract to the City Clerk for payment of such taxes which have been declared
delinquent.
B. Conflict and Precedence. In the event of a conflict between the contract documents, the document which rates higher on
the following list shall take precedence:
1. Addenda, if any,
2. Contract,
3. Specifications,
4. Terms and Conditions,
5. Contractor's proposal.
C. Documents Incorporated by Reference. The following documents are incorporated by reference, to include, but not be
limited to:
1. Terms and Conditions,
2. Specifications,
3. Proposal, and
4. Non - Collusion Affidavit.
D. Nondiscrimination In the hiring of employees for the performance of work under this Agreement the Vendor, its
subcontractors, or any person acting on behalf of Vendor shall not, by reason of race, religion, color, sex, sexual
orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person
who is qualified and available to perform the work to which the employment relates.
E. Compliance with Laws Vendor shall comply with all federal, state and local laws, rules and regulations throughout
every aspect in the performance of this Agreement.
F. Work Performed at Vendor's Risk Vendor shall take all precautions necessary and shall be responsible for the safety of
its employees, agents, and subcontractors in the performance of this Agreement. All work shall be done at Vendor's own
risk, and Vendor shall be responsible for any, loss of or damage to materials, tools, or other articles used or held for use in
connection with the work.
G. Governing Law This Agreement shall be governed and construed in accordance with the laws of the State of
Washington. If any dispute arises between the City and Vendor under any of the provisions of this Agreement, resolution
of that dispute shall be available exclusively under the jurisdiction, venue and rules of the Kitsap County Superior Court,
Kitsap County, Washington.
H. Attorney's Fees In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party
shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or
lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 9 of this
Agreement.
1. Written Notice All communications regarding this Agreement shall be sent to the parties at the addresses listed below,
unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar
days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the
addressee at the address stated in this Agreement.
Notices to be sent to: Notices to be sent to:
VENDOR: CITY:
Attn: Roger Perrin Attn: Pat Coxon
APSCO, Inc City of Bremerton
PO Box 2639 1600 Oyster Bay S
Kirkland, WA 98083 -2639 Bremerton, WA 98312
J. Assignment Any assignment of this Agreement by the Vendor without the written consent of the City shall be void.
K. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in
writing and signed by a duly authorized representative of the City and Vendor.
L. Severability If any one or more sections, sub - sections, or sentences of this Agreement are held to be unconstitutional or
invalid, that decision shall not affect the validity of the remaining portion of this Agreement and the remainder shall
remain in full force and effect.
M. Entire Agreement The written provisions and terms of this Agreement, together with any attached Exhibits, supersede
all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part
of or altering in any manner this Agreement. This Agreement and any attached Exhibits contain the entire Agreement
between the parties. Should any language in any Exhibit to this Agreement conflict with any language contained in this
Agreement, the terms of this Agreement shall prevail.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
VENDOR: CITY:
City of Bremerton
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED AS TO FORM:
By:
Bremerton City Attorney
ATTEST:
By:
City Clerk
Weir Spedaky Pumps WE MCO PUMP Q
P.O. Boot 209 (84110.0209) Tel: 801 -359 -8731
440 West 800 South Fax: 801 - 5307531 WE MCOw H I D ROSTA L
Salt Labe City, UT 84101 www.weirsp.com
ISO VON aM . ISO 14001 Cwd,kd ROTOnJET PUMP
August 12, 2010
PROPOSAL
SUBJECT: WEMCO HYDROGRITTER
JOB: BREMERTON, WA
PROPOSAL NO. 131540
Thank you for your request for a quotation on WEMCO equipment. We are pleased to offer
WEMCO pumping equipment for conditions of service as described below:
GRIT CLASSIFIER
One (1) WEMCO Hydrogritter, consisting of one 12" fully flared stainless steel tank
classifier with full length fiberglass cover over the stainless steel screw. Stainless steel
support legs.
The Classifier will be equipped with abrasion - resistant steel wearing shoes on the screw
conveyor, a hand - lifting device, a 1/2 HP, 1800 RPM, 230/460 Volt, TENV premium
efficient motor, complete with belt guard, belt driven cycloidal motion speed reducer and
a stainless steel feedbox, sized to fit a 1000C cyclone. A wash water assembly with 120
V, NEMA 4, stainless steel solenoid valve is included.
Note: This quote does not include the cyclone.
TOTAL PRICE: $47,287 APPROX. WEIGHT: 1,800 Lbs.
NOTES AND COMMENTS:
THIS QUOTATION DOES NOT INCLUDE: ANCHOR BOLTS, ADJUSTABLE
FREQUENCY DRIVES, GAUGES, OR CONTROLS OF ANY KIND. THE ATTACHED
WARRANTY, AND GENERAL TERMS AND CONDITIONS OF SALES ARE
INCORPORATED IN, AND MADE A PART OF, THIS PROPOSAL. THIS PROPOSAL WILL
EXPIRE IN SIXTY (60) DAYS UNLESS EXTENDED IN WRITING BY WEMCO.
Due to rapidly escalating raw material costs and possible spot shortages, price increases
may become necessary after the 60 -day expiration period.
TERMS OF PAYMENT:
100% Net 30 days. Payment terms in this proposal may not be changed without written ExotilMt
authorization from WEMCO. Unauthorized retention of payments by Purchaser for any so w�,' ndufa '"'
reason shall be subject to a service charge of 2% per month.
BREMERTON, WA August 12, 2010
PROPOSAL NO. 131540 Page 2
Payment terms in this proposal may not be changed without written authorization from
WEMCO. Unauthorized retention of payments by Purchaser for any reason shall be subject to a
service charge of 2% per month.
Prices are firm based on the following:
1. Receipt of complete approval and release for production eight weeks after drawings
have been submitted by WEMCO.
2. Acceptance of shipment 14 weeks after approval.
Thank you for the opportunity of submitting our proposal on WEMCO pumping equipment, and
if we may be of further service, please contact our representative in your area:
APSCO
Roger Perrin
P.O. Box 2639
Kirkland, WA 98083 -2639
Tel: (425) 822 -3335, Fax: (425) 827 -6171
Or you can contact this office directly.
Sincerely,
Eric Tobin
Applications Engineer
Weir Specialty Pumps
PO Box 209 SLC Utah 84110-0209
T: 801 -530 -7998
F: 801 -530 -7828
E: eric.tobin(a.weirgroup.com
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Page 1 of 1
John Bykonen
From: Joe Kemkamp Ukernkamp@apsco- inc.com)
Sent: Friday, July 30, 2010 3:37 PM
To: John Bykonen
Cc: 'Roger Perrin'
Subject: WEMCO Grit Classifier SPEC
Attachments: Hydrogritter Spec 12 & 1000C SS.DOC
John,
I have attached the specification for 12" Wemco Grit Classifier in Stainless Steel as you requested.
Roger will be back in on Monday to follow up with you. We need to run through the selection sheet to
make sure we have the correct model selected.
Have a good weekend,
Joe
Joe Kemkamp
APSCO, INC
KIRKLAND, WA
425 -822 -3335
206 - 890 -4039 cell
www.ansco- inc.com
8/2/2010
WEMCO
DATA SHEET WEMCO HYDROGRITTER P11- D207 -C
Supersedes P11 -D207 10" CYCLONE & 12F CLASSIFIER 7/27/04
dated 3/12/01 SUGGESTED SPECIFICATION
PART1 GENERAL
1.01 DESCRIPTION OF WORK
A. Furnish and install one degritting system, consisting of one 12 inch minimum
diameter screw type dewatering classifier, complete with one 10 inch minimum
diameter grit cyclone.
1.02 QUALITY ASSURANCE
A. All degritting equipment furnished under this Section shall be of a design and
manufacture that has been used in similar applications, and it shall be
demonstrated to the satisfaction of the Owner that the quality is equal to
equipment made by that manufacturer specifically named herein. Manufacturers
shall provide evidence of at least five (5) installations in which identically sized
equipment has provided satisfactory performance for a minimum of five (5) years
in a similar application. No consideration will be given to individually sized
equipment that hasn't been commercially available for five (5) years.
B. To insure a consistent high standard of quality, the manufacturer of this pumping
equipment shall comply with the requirements of the ISO 9001 Quality System,
and such compliance shall be verified by an independent certification agency
approved by the International Organization for Standardization. Documentation
shall be submitted for approval showing compliance with this requirement, and the
equipment will not be released for shipment until approved.
C. The complete degritting system specified in this section shall be furnished by, and
be the product of, one manufacturer including the grit pump, cyclone, classifier and
all specified accessories and appurtenances, to ensure compatibility, integrity of
individual components and unit responsibility.
1.03 SUBMITTALS
A. Submit shop drawings and product data under provisions of Section
B. Submit manufacturer's installation instructions under provisions of Section
C. The submittal data shall be prepared, in its entirety, by the equipment
manufacturer. Shop drawings prepared by the manufacturer's sales
representative, fabrication shops, or other than the listed manufacturers will not be
acceptable. No additions or modifications to the manufacturers submittal will be
accepted, with the sole exception of a cover sheet provided by the manufacturers
local Representative.
WEMCO HYDROGRITTER P11- D207 -C
Suggested Specification for Hydrogritter with 10" Cyclone & 12F Classifier Page 2
D. The classifier and cyclone operating parameters, i.e., cyclone feed rate, pressure
and underflow and classifier pool area, weir length, screw speed, submergence,
and slope, have been selected to avoid build -up of fine grit in the classifier tank,
which will cause grit of the desired size to be lost. Changes in any of these
parameters will not be acceptable unless a detailed submittal showing calculations
and operating data provides evidence that any such change will not affect the
ability of the system to perform as specified.
1.04 OPERATION AND MAINTENANCE DATA
A. Submit operation and maintenance data under provisions of Section
B. Include installation instructions, assembly views, lubrication instructions, and
replacement parts lists.
1.05 DELIVERY, STORAGE AND HANDLING
A. Deliver, store, handle and protect under provisions of Section
1.06 SERVICES OF MANUFACTURER
A. Furnish the services of a representative of the degritting system manufacturer to
assist in adjusting and testing the equipment furnished, to supervise the initial
operation, and to make final adjustments as may be necessary to assure the
OWNER that the degritting system is in satisfactory operating condition.
B. Furnish sufficient supervision, data, and information from the manufacturer to train
operators in the proper operation and maintenance of the equipment furnished.
PART 2 PRODUCTS
2.01 CYCLONE
A. Each cyclone shall consist of a heavy -duty cast iron volute feed chamber with one
cylindrical and two conical sections of fabricated steel and two apex sections of
aluminum to minimize overhung weight.
1, Each section of the cyclone shall be individually lined and protected from the
high velocity grit by a replaceable rubber liner. The cyclone shall be so
constructed so any section of the liner can be replaced independently.
2. A hinge and quick disconnect clamp shall be provided between the apex
assembly and lower cone section to allow removal of material which may clog
the apex, without disconnecting any piping on the cyclone itself.
This sheet is the property of WEIR SPECIALTY PUMPS, 440 West 800 South, Saft Lake City, Utah, and is loaned under
the express condition that it is not to be used in any manner directly or indirectly detrimental to WEIR SPECIALTY PUMPS.
WEMCO HYDROGRITTER P11- D207 -C
Suggested Specification for Hydrogritter with 10" Cyclone & 12F Classifier Page 3
B. The feed to the cyclone shall be 4 inch, the overflow 5 inch, with Victaulic
connections furnished by the cyclone manufacturer.
C. Each cyclone shall be supplied complete with a 2 inch apex.
D. The cyclone vortex finder shall be 4 inch diameter and made of an
abrasion - resistant alloy with an approximate hardness of 500 Brinell.
E. Each cyclone inlet shall be tapped for a 1" NPT gauge connection and a
diaphragm - protected pressure gauge shall be provided by the cyclone
manufacturer.
F. The cyclone underflow shall feed into the classifier for washing and dewatering,
and be sized so that the proper hydraulic loading,is provided to the classifier.
G. The cyclone overflow will feed to piping furnished by the contractor which must be
properly and adequately vented to prevent siphoning.
H. The cyclone manufacturer shall supply a fabricated 316 stainless steel support to
mount one cyclone.
1. The cyclone shall be attached to a 3/8 inch 316 stainless steel mounting plate,
designed such that the cyclone is properly oriented into the classifier
feedboxes.
2. The cyclone mounting plate shall be independently supported with two
structural 316 stainless steel supports, designed for attachment to the floor with
anchor bolts.
2.02 CLASSIFIER
A. Each classifier shall consist of a full flared fabricated 316 stainless steel grit settling
tank with a screw type grit conveyor.
1. The classifier shall have a minimum pool area at maximum water level of 8.3
square feet, a minimum weir length of 24 inches, and a screw speed of 12
RPM maximum.
2. The grit settling tank shall be constructed of 1/4" 316 stainless steel plate,
suitably reinforced and mounted on 316 stainless steel supports at a slope of
not more than 3 -1/2 inches per foot. The tank shall be designed to provide a
settling compartment where grit separation takes place, with a minimum full
water depth of 150% of the screw diameter.
This sheet is the property of WEIR SPECIALTY PUMPS, 440 West 800 South, Saft Lake City, Utah, and is loaned under
the express condition that it is not to be used in any manner directly or indirectly detrimental to WEIR SPECIALTY PUMPS.
WEMCO HYDROGRITTER P11- D207 -C
Suggested Specification for Hydrogritter with 10" Cyclone & 12F Classifier Page 4
3. The weir overflow shall discharge into a launder box equipped with a screwed
pipe nozzle or Victaulic fitting for connection to drain.
4. The classifier tank shall be provided with a welded bar, running from the top of
the tank to below the water level to provide a sluice channel, in order to
prevent the build up of grit opposite the raked material, to aid in drainage. The
manufacturer shall supply and install a valve cock with NPT nipple for the
spiral sluice water. A 115 volt, single phase solenoid valve, which is
compatible with the motor enclosure, shall also be supplied and installed by
the manufacturer for the sluice water line and connected by the electrical
contractor to open when the Hydrogritter motor is activated.
B. Each classifier tank shall be supplied complete with one fabricated feed box, which
shall be mounted to the tank periphery with seamless welding, to facilitate the
introduction of underflow from the cyclone into the classifier.
1. The feed box shall be reinforced minimum 12 gauge 316 stainless steel plate,
and shall be lined with ' / 2 inch soft, natural gum rubber to protect against
abrasion, and to function as a splashguard. Radial flow diffusers shall not be
acceptable.
2. The feed boxes shall have hinged covers, to provide for inspection of the
cyclone apexes without disturbing the cyclone piping or alignment. The hinged
covers shall be provided with two snap buckles, one on each, side for quick
release.
3. The feed boxes shall be designed and located by the manufacturer to minimize
short- circuiting to the overflow weir of the classifier, and to handle maximum
cyclone underflow discharge.
4. The classifier manufacturer shall be responsible for ensuring that the feed
boxes are designed to dissipate energy generated from the head drop of the
cyclone underflow, to minimize disruption of the classifier pool.
C. Each classifier tank shall be fitted with a grit chute, located such that accumulated
grit at the top (dry) end of the screw conveyor shall exit the tank in a vertical down
direction through the grit port, and be further directed by the grit chute.
1. The grit chute shall be fabricated of minimum 12 gauge 316 stainless steel,
seamless welded, and attached to the classifier tank such that it is removable
for inspection and /or maintenance without interfering with the operation of the
classifier.
2. The grit chute shall be of sufficient length so as to direct the flow of grit to the
grit collection container without allowing any spillage on to the floor areas
surrounding the classifier or grit collection container.
This sheet is the property of WEIR SPECIALTY PUMPS, 440 West 800 South, Salt Lake City, Utah, and is loaned under
the express condition that it is not to be used in any manner directly or indirectly detrimental to WEIR SPECIALTY PUMPS.
WEMCO HYDROGRITTER P11- D207 -C
Suggested Specification for Hydrogritter with 10" Cyclone & 12F Classifier Page 5
3. The grit chute shall be attached and fixed at angle so as not to impede the
free fall or flow of grit from the grit port to the grit collection container.
D. The grit shall be removed from the bottom of the settling compartment and
discharged by means of a 50% pitch, 12 inch diameter screw -type conveyor.
1. The screw length shall be designed such that a dry drainage deck having a
minimum length of 33 inches exists between the point where the underside of
the screw exits the pooling area to a point where the dewatered grit is
discharged from the classifier tank.
2. The screw shall be made from pre - formed 316 stainless steel flight sections
welded to the shaft and fitted with replaceable wearing shoes.
a. The 316 stainless steel pipe shaft of the conveyor shall be a minimum of 3
inch diameter, .3 inch wall thickness pipe, and shall be designed with a
maximum stress of 3000 psi, and a fatigue at 98% reliability of 20 years
minimum. Calculations, signed by a registered Professional Engineer,
showing compliance with these requirements shall be submitted for
approval.
b. The flights shall be a minimum thickness of 12 gauge 316 stainless steel,
with a minimum face width of 3.43 inches, welded to the pipe shaft.
E. Wearing shoes shall be abrasion - resistant and mounted on the flights by means of
bolts and nuts. The abrasion - resistant steel wearing shoes shall be a lviinilviuln. of
r800 R—r;nell steel mateFial, and shall be a minimum 10 gauge °{ ' ^r.hes n
thickness. and have a M AGh faG9 width.
F. The screw conveyor shall be rigidly supported at both the upper and lower ends by
special bearings, so that the screw conveyor is mounted above, and does not
contact, classifier tank. This mounting shall provide for a clearance between the
screw conveyor and the tank bottom, so that a buildup of sand or grit will provide a
bed for the screw, eliminating tank wear, and providing a drainage area for the
conveyed grit.
1. The upper end of the screw conveyor shall be connected to a cycloidal motion
speed reducer by a flanged, rigid coupling. The cycloidal speed reducer shall
be designed so that all torque is transmitted by rollers, and shall be capable of
withstanding shock loads of 500% of rated loading.
a. The cyclodrive shall take radial and all thrust loads from the shaft, and at
maximum load provide a minimum B -10 bearing life of 50,000 hours.
Gear type speed reducers are not acceptable.
This sheet is the property of WEIR SPECIALTY PUMPS, 440 West 800 South, Salt Lake City, Utah, and is loaned under
the express condition that it is not to be used in any manner directly or indirectly detrimental to WEIR SPECIALTY PUMPS.
WEMCO HYDROGRITTER P11- D207 -C
Suggested Specification for Hydrogritter with 10" Cyclone & 12F Classifier Page 6
b. The cyclodrive shall be direct connected to a .5 HP, totally enclosed
explosion proof motor.
2. The lower end of the screw shall be supported by a submerged bearing,
housed in a water -tight cast iron housing, suitable for completely submerged
operation in grit service.
a. The bearing shall be designed to accept radial loads from the spiral screw
conveyor.
b. The cast iron housing shall be provided with stainless steel cap screws, fill
and drain plugs.
c. The bearing shall utilize a sealed bronze sleeve -type bearing, running
completely submerged in oil, and shall require only yearly inspection and
oil change.
d. The bearing shall be provided with permanent stellite seals to prevent the
leakage of oil and infiltration of grit and other foreign particles into the
housing. The seal shall be of the self compensating type, consisting of two
mating hardened steel alloy rings, each held in place by a rubber toric.
The wearing surfaces of the rings shall be precision lapped to form an
initial sealing band of approximately 1/32 inch in width. - The seal shall be
designed such that as seal rings wear through normal operation, the
pressure from the rubber torics shall push the rings further against each
other to form a broadened contact band.
e. Lower bearing designs incorporating conventional packing or requiring
external flushing will not be acceptable.
G. The entire motor, cyclodrive, and screw conveyor and lower bearing assembly
shall be designed so that the screw can be raised for inspection without the need
to disassemble any components, or to drain of the classifier tank.
1. The complete drive assembly shall be pivoted at the shaft centerline so that
the screw assembly can be raised for periodic inspection.
2. The lower end of the assembly shall be attached to a manually operated hand
wheel and screw -type lifting device designed to allow the entire assembly to
be lifted above the maximum water level.
H. The classifier shall be fitted with a combination spiral guard /odor control cover to
enclose the entire settling tank during normal operation. The spiral guard /odor
control cover shall be 316 stainless steel.
1. The spiral guard /odor control cover shall be fitted with hatch openings, which
This sheet is the property of WEIR SPECIALTY PUMPS, 440 West 800 South, Salt Lake City, Utah, and is loaned under
the express condition that it is not to be used in any manner directly or indirectly detrimental to WEIR SPECIALTY PUMPS.
WEMCO HYDROGRITTER P11- D207 -C
Suggested Specification for Hydrogritter with 10" Cyclone & 12F Classifier Page 7
provide access to the conveyor screw for inspection.
2. The cover and access hatches shall be fitted with adhesive backed neoprene
rubber gaskets that will provide a gas tight seal.
3. Mounting clamps, hinges and hardware shall be 316 stainless steel. There
shall be a sufficient number of clamps provided for the spiral guard /odor
control cover and hatches to form a gas tight seal.
4. The hand wheel screw extension shall be enclosed by a rubber expansion
bellows, which allows adjustment of the screw without the need to disconnect
the bellows or the loss of odor control integrity.
5. The upper end of the tank shall include a rubber expansion bellows enclosing
the area between end of the spiral guard /odor control cover and the cyclodrive
to allow the upper assembly to pivot without the loss of odor control integrity.
6. A connection for odor control ductwork and vents shall be furnished and
mounted to the cover, and shall be a 2 inch ANSI B16.1 Class 150 flange.
PART 3 EXECUTION
3.01 INSTALLATION
A. Install the degritting system in accordance with the manufacturers instructions.
B. Lubricate the equipment before start-up.
C. Conduct field tests to demonstrate that the system performs according to the
specifications.
This sheet is the property of WEIR SPECIALTY PUMPS, 440 West 800 South, SaR Lake City, Utah, and is loaned under
the express condition that it is not to be used in any manner directly or indirectly detrimental to WEIR SPECIALTY PUMPS.
Page 1 of 1
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http:// www. weirpowexindustrial .com/imagestwemco hydrogriti 1004x380 jpg?rand =38... 8/18/2010
DATE SUBMITTED: September 15, 2010
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Commercial Broadcast Facility Committee Meeting Date: September 22, 2010
Lease Agreement with Seattle Streaming_ COUNCIL MEETING Date: October 6, 2010
Radio, LLC — KBRO Department: Public Works & Util.
Presenter: Bill McKinney
Phone: 473 -5354
SU1V MLARY: Seattle Streaming Radio, LLC (SSR) previously had a lease agreement for operating
the KBRO radio station tower at Forest Ridge Park. This agreement expired June 30 of this year.
SSR has requested renewing the agreement for operation of the radio tower site. The new agreement
is proposed to have a term of ten (10 years) and a monthly rental of $750.00 /month, with provisions
for annual CPI adjustment, and at the City's discretion, rental adjustment on the fifth annual
anniversary date of lease commencement, based on fair market value. The Forest Ridge site is owned
by Bremerton Parks & Recreation, and receives the revenue from this lease.
ATTACHMENTS: 1) Council Summary; 2) Commercial Broadcast Facility Lease Agreement
FISCAL IMPACTS (Include Budgeted Amount): Revenue of $9000( +) annually to Parks &
Recreation.
APPROVALS:
DEPARTMENT DIRECTOR: ----
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDEN CONSENT AGENDA
GENERAL BUSINESS ❑
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to approve the Commercial Broadcast Facility Lease Agreement with Seattle Streaming Radio,
LLC and authorize the Mayor to finalize and execute the agreement with substantially the same terms
and conditions as presented.
COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
COUNCIL SUMMARY
Commercial Broadcast Facility Lease Agreement with Seattle Streaming Radio,
LLC for the Forest Ridge Park KBRO Tower Site
Program and Agreement Summary
The City of Bremerton currently has leases with eleven companies at seven individual
sites for communication facilities on city -owned land in town and the Watershed lands.
Total annual revenue from these leases is approximately $225,000.
Public Works & Utilities currently manages the lease agreements for the City, and has
recently entered into a professional services agreement with Peripheral Vision
Communication, Inc. (PVCI), a company that specializes in the communication industry,
to assist in technical issues and valuations.
The KBRO tower site located at Forest Ridge Park has provided AM radio broadcasting
in this area for years. The broadcast facility was formerly owned by FTP Corporation
who was the original lessee for the agreement that ran from July 1, 2005 thru June 30,
2010. This lease was assumed by Seattle Streaming Radio, LLC (SSR) in September
2005 and this company currently owns and operates KBRO. SSR had requested
continuing their operation and lease earlier this year.
The new proposed lease is similar to the previous agreement. After review by both City
staff and our consultant, PVCI, the following modifications were made in the proposed
agreement:
I. Adopted term "commercial broadcast facility" to distinguish from
"telecommunication facility ", as fair market value can differ between these
types of facilities. Added "commercial broadcast facility" to definitions.
2. Item 5. Term of Lease. Increased lease term from 5 years to 10 years to
decrease administration time and cost and better fit what has been a long-
term operation.
3. Item 8.Ownemhlp and Removal of Improvements. Clarified what
becomes City property and how disposed at lease termination.
4. Item 10A. Compensation to City. Had PVCI review lease value and
compare with similar broadcast facilities. Monthly rental set at $750 /month
with annual CPI adjustment. Last monthly rental under expired agreement
was $660.51.
5. Item 10B Rent Adjustment. Changed adjustment review time from 4 to 5"'
anniversary of agreement.
Fiscal Summary
The proposed monthly rental of $750 is consistent with the previous lease, and was
reviewed by our consultant. It was explained that AM facilities of this size are not
currently a high value operation. For comparison, this proposed rental is similar to a
broadcast facility of similar wattage that is located on City of Olympia property. Annual
CPI adjustments at the first of the year are prescribed. Rental cannot decrease.
SSR Lease
Council Summary
September 2010
COMIKERCIAL BROADCAST FACILITY
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 Streaming Radio, LLC (hereinafter referred
to as "Lessee ").
WITNESSETH:
1. PRENUSES. The City leases to the Lessee -real property located at the tower and
equipment site at Forest Ridge Park for housing, installing, constructing, operating and
maintaining certain commercial broadcast 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 Commercial Broadcast Facility 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:
"Commercial broadcast facility" 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, distribute,
provide, house or offer commercial broadcast services;
"Person" means and includes corporations, companies, associations, joint stock
companies or associations, firms, partnerships, limited liability companies and individuals and
includes their lessors, trustees and receivers;
"Public street" means any highway, street, alley or other public right of way for motor
vehicle travel under the jurisdiction and control of the City which has been acquired, established,
dedicated or devoted to highway purposes, including forest access roads;
"Public way" means and includes all public streets and utility easements, as those terms
are defined herein, now or hereafter owned by the City, but only to the extent of the City's right,
title, interest or authority to grant a permit or lease to occupy and use such streets and easements
for telecommunications facilities;
"Telecommunications carrier" means and includes every person that directly or
indirectly owns, controls, operates or manages plant, equipment or property within the City, used
or to be used for the purpose of offering telecommunications service;
LEASE AGREEMENT - I
"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;
"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 commercial broadcast signals in any
and all frequencies using real property and broadcast facilities approved in Schedule A. Lessee
shall be responsible for adherence to all federal, state and local regulations pertaining to the
operation of a commercial broadcast facility.
Lessee shall have the right, at its expense, to erect and maintain on the Premises
improvements, personal property and facilities, as described in Schedule A after obtaining
required permits and as approved by City on the Site Plan. .
City shall provide Lessee access to the Premises at all times adequate to service the
Premises and the commercial broadcast 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(F), which notice shall be
followed by written notification pursuant to Section 41(F). Lessee shall be responsible for
conducting appropriate background checks of all of their employees.
LEASE AGREEMENT - 2
Employees visiting the Premises shall be clearly identifiable as employees of the Lessee
either by uniform identification badge or marked company vehicle.
4. NON - EXCLUSIVE LEASE. This Lease is nonexclusive and does not preclude
the City from granting a similar lease, right, license, franchise, etc. to other carriers, providers or
other persons for telecommunications or any other purpose.
5. TERM OF LEASE. This Lease shall be valid for a term of ten year(s)
commencing July 1. 2010 and terminating June 30.2020
6. RIGHTS GRANTED. This Lease does not convey any right, title or interest in
the City property, but shall be deemed the right only to use and occupy the City property for the
limited purposes and term stated in the Lease. Further, this Lease shall not be construed as any
warranty of title.
7. INTERFERENCE WITH OTHER USERS. The Lessee acknowledges that the
City may enter into leases with other tenants for their equipment and telecommunications
facilities for the purposes of transmitting and receiving telecommunication signals from City
property. The City, however, is not in any way responsible or liable for any interference with
Lessee's use of the City property which may be caused by the use and operation of any other
tenant's equipment, even if caused by new technology. In the event that any other tenant's
activities interfere with the Lessee's use of the City property, and such use or operation was not
in existence on the date of execution of this Lease, and the Lessee cannot resolve this
interference with the other tenants, the City will, upon written request by Lessee, cause such
interfering use to cease. Lessee understands that if its use interferes with a prior tenant, and the
interference problem cannot be cured, this Lease may be terminated by the City pursuant to
Sections 34 and 35. The Lessee shall cooperate with all other tenants to identify the causes of
and work towards the resolution of any electronic interference problem. In addition, the Lessee
agrees to eliminate any radio or television interference caused to City-owned facilities or
surrounding residences at Lessee's own expense and without installation of extra filters on City-
owned equipment. Lessee further agrees to accept such interference as may be received from
City operated telecommunications or other City facilities located upon the City property subject
to this Lease except those City antenna sites placed upon Lessee's facilities pursuant to Section
10.B.
8. OWNERSHIP AND REMOVAL OF IMPROVEMENTS. All buildings,
landscaping and all other improvements, 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
LEASE AGREEMENT - 3
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.
9. CANCELLATION OF LEASE BY LESSEE.
A. All Leases are contingent upon the Lessee obtaining all necessary permits,
approvals and licenses for the proposed facilities. In the event that the Lessee is unable to obtain
all such permits, approvals and licenses, it may cancel its lease, and obtain a pro rata refund in
any rents paid, without further obligation by giving 30 days prior written notice to the City.
Lessee agrees to restore City property to original condition if cancellation is requested.
B. In the event that the holder of a Lease determines that the City property is
unsuitable for its intended purpose, the Lessee shall have the right to cancel the Lease upon 180
days written notice to the City. However, no prepaid rent shall be refundable; except in the event
any changes occur with respect to the City's use of the property subsequent to the effective date
of this Lease (including but not limited to additional Lessees as permitted by the City) and such
changes result in the property becoming unsuitable for Lessee's intended purpose.
10. COMPENSATION TO THE CITY.
A. This Lease is subject to the City's right, which is expressly reserved, to
annually fix a fair and reasonable compensation to be paid for the rights granted to the Lessee;
starting on the Commencement Date and on the first day of each month thereafter during the term
of the Lease, Lessee shall pay rent at a rate of $750.00 per month prorated for any partial
months. Substantial expansion of the initial configuration contained in Schedule A will result in
review and possible re- negotiation of the rental rate contained herein.
At the beginning of each successive year thereafter, the monthly rent shall automatically
be adjusted based upon the CPI for all urban consumers, Seattle - Tacoma index (1982 -84 =100) as
published by the Bureau of Labor Statistics for the last month for which statistics are posted prior
to the effective date above. However, rent shall not, in any case, decrease, nor shall the annual
rent increase by more than five (5) percent per year above the annual rent for the preceding year.
Any payments received after the due date shall include a late payment penalty of 2% of
the annual rental fee for each day or part thereof past the due date.
B. Additional Consideration. City shall be allowed, at City's sole expense, to
attach City's communication antennas to Lessee's telecommunications tower provided City first
obtains Lessee's prior written consent for such attachments. Such consent shall not be
unreasonably withheld. Lessee's approval for said attachments shall be contingent upon
LEASE AGREEMENT - 4
determining whether Lessee's tower is properly engineered to accommodate City's antenna
system and such transmission shall not result in any impairment or diminution in the quality of
Lessee's service. Further, said approval shall be given only after Lessee has reviewed and
approved City's engineering plans for said antenna attachments in a location specified by Lessee.
Approval shall not be unreasonably withheld. Upon written approval by Lessee, said
attachments shall be installed by qualified licensed contractors and in accordance with Lessee's
directives for the method of installment and with permits issued by all applicable governmental
authorities having jurisdiction which shall first be obtained by City at its sole expense. City
acknowledges and agrees that Lessee reserves the right to relocate City's antennas at any time(s)
to accommodate modifications required for Lessee's future system requirements, provided such
relocation shall provide equivalent quality of service after such relocation.
C. Rent Adjustment. On the fifth 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
LEASE AGREEMENT - 5
before expiration of the current Lease, file an application with the City for renewal of its Lease
which shall include the following:
A. Any information required by the City of Bremerton;
B. Any additional information required based upon elements of the current
Lease agreement between the City and the Lessee;
C. All deposits or charges required pursuant to City ordinances;
D. A non - refundable application fee in the amount of Five Hundred and
No /100 Dollars ($500.00).
The City reserves the right to extend the review period for the renewal application if
additional information is required.
13. OBLIGATION TO CURE AS A CONDITION OF RENEWAL. No Lease
shall be renewed until any ongoing violations or defaults in the Lessee's performance of the
Lease have been cured, or a plan detailing the corrective action to be taken by the Lessee has
been approved by the City.
14. IMPROVEMENTS. During the term of this Lease if Lessee wishes to
substantially expand the initial configuration contained in Schedule A, Lessee will submit a new
application.
15. POLICE POWER. In accepting this Lease, the Lessee acknowledges that its
rights hereunder are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the public and it agrees
to comply with all applicable general laws enacted by the City pursuant to such power.
16. INTERFERENCE WITH THE PUBLIC WAYS. The Lessee shall not locate
or maintain its telecommunications facilities so as to unreasonably interfere with the use of the
public ways by the City, by the general public or by other persons authorized to use or be present
in or upon the public ways. All such facilities which interfere with public ways shall be moved
by the Lessee, at the Lessee's cost, temporarily or permanently, as determined by the City Public
Works and Utilities Director.
17. REPAIR AND EMERGENCY WORK. In the event of an unexpected repair or
emergency, the Lessee may commence such repair and emergency response work as required
under the circumstances, provided the Lessee shall notify the City as promptly as reasonably
possible, before such repair or emergency work commences or as soon thereafter as possible if
advance notice is not practicable.
LEASE AGREEMENT - 6
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 24 hours prior notice of such intent.
19. SIGNAGE. Lessee shall display proper signage as required by the FCC as well
as current signage on telecommunication facilities identifying Lessee, address and a 24 hour
phone number. Signage shall be posted and clearly visible at all times.
20. RELOCATION OR REMOVAL OF FACILITIES. Within one hundred
eighty (180) days following written notice from the City, the Lessee shall, at its own expense,
temporarily or permanently remove, relocate, change or alter the position of any '
telecommunications facilities within the public ways or upon City property whenever the City
Public Works & Utilities Director shall have determined that such removal, relocation, change or
alteration is reasonable necessary for:
A. The construction, repair, maintenance or installation of any City or other
public improvement in or upon the public ways; and
B. The operations of the City or other governmental entity in or upon the
public ways.
Additional time for removal or relocation may be granted at the discretion of the City
which extension shall not be unreasonably withheld. If Lessee fails to remove the property upon
request by the City, Lessee agrees to reimburse the City for any and all removal costs incurred by
the City.
21. 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:
LEASE AGREEMENT - 7
A. Upon expiration or termination of the Lessee's Lease without approved
extension or renewal;
B. Upon abandonment of a facility within the public ways or real property of
the City. Any property of a Lessee shall be deemed abandoned if left in place 30 days after
expiration or termination of the Lease;
C. If the system or facility was constructed or installed without the prior grant
of a Lease;
D. If the system or facility was constructed or installed without the prior
issuance of a required City permits; and
E. If the system or facility was constructed or installed at a location not
permitted by the Lease.
Provided, however, that the City may, in its sole discretion, allow a Lessee, or other such
persons who may own, control, or maintain telecommunications facilities within the public ways
or property of the City to abandon such facilities in place. No facilities of any type may be
abandoned in place without the express written consent of the City. Any plan for abandonment
or removal of a Lessee's facilities must be first approved by the Public Works and Utilities
Director, and all necessary permits must be obtained prior to such work. Upon authorized
permanent abandonment of the property of such persons in place, the property shall become that
of the City, and such persons shall submit to the City an instrument in writing, to be approved by
the City Attorney, transferring to the City the ownership of such property in which event, Lessee
shall have no further obligations or liability with respect to such property or facilities. The
provisions of this Section shall survive the expiration, revocation, or termination of the Lease
granted hereunder. If the City does not authorize abandonment and Lessee fails to remove such
facilities within thirty (30) days following notice, Lessee agrees to reimburse the City for any and
all costs incurred by the City for facilities removal.
22. EMERGENCY REMOVAL OR RELOCATION OF FACILITIES. The City
retains the right and privilege to cut or move any telecommunications facilities located within the
public ways of the City and upon City property, as the City may determine to be necessary,
appropriate or useful in response to any public health or safety emergency. The City shall not be
liable to Lessee, or any other party for any direct, indirect, or any other such damages suffered by
any person or entity of any type as a direct or indirect result of the City's actions under this
Section.
23. DAMAGE TO FACILITIES. Unless directly and proximately caused by the
willful, intentional or malicious acts by the City not otherwise authorized herein, the City shall
not be liable for any damage to or loss of any telecommunications facility upon City property or
LEASE AGREEMENT - 8
within the public ways of the City as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling, or work of any kind on such City
property or within the public ways by or on behalf of the City.
24. RESTORATION OF PUBLIC WAYS, OTHER WAYS AND CITY
PROPERTY.
A. When the Lessee, or any person acting on its behalf, does any work in or
affecting any public ways, other ways or City property, or when Lessee, or any person acting on
its behalf damages any public ways, other ways or City property, it shall, at its own expense,
promptly remove any obstructions therefrom and restore such ways or property to City
construction standards as adopted before the work was undertaken, unless otherwise directed by
the City. Lessee shall obtain all requisite permits for such work.
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 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.
LEASE AGREEMENT - 9
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 10.D.
The City encourages co- location on existing telecommunications facilities and to that end
will not unreasonably withhold approval of sub - leases.
28. UTILITIES. Electricity, HVAC 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 any one
accident; and
LEASE AGREEMENT - 10
(3) $2,000,000.00 for all other types of liability.
B. Automobile liability for owned, non -owned and hired vehicles with a limit
of $2,000,000.00 for each person and $2,000,000.00 for each accident;
C. Worker's compensation within statutory limits and employer's liability
insurance with limits of not less than $1,000,000.00;
D. Comprehensive form premises- operations, explosions and collapse hazard,
underground hazard and products completed hazard with limits of not less than $2,000,000.00;
E. The liability insurance policies required by this Section shall be
maintained by the Lessee throughout the term of the Lease, and such other period of time during
which the Lessee is operating without a Lease hereunder, or is engaged in the removal of its
telecommunications facilities. The Lessee shall provide an insurance certificate, together with an
endorsement designating the City, and its elected and appointed officers, officials, agents,
employees, representatives, engineers, consultants, and volunteers as additional insureds, to the
City prior to the commencement of any work or installation of any facilities pursuant to said
Lease. Any deductibles or self - insured retentions must be declared to and approved by the City.
Payment of deductibles and self - insured retentions shall be the sole responsibility of the Lessee.
The Lessee's insurance shall be primary insurance as respects the City, its officers, officials,
employees, agents, consultants, and volunteers. Any insurance maintained by the City, its
officers, officials, employees, consultants, agents, and volunteers shall be in excess of the
Lessee's insurance and shall not contribute with it. The City shall be provided thirty (30) days
advance notice of cancellation of any coverages required in 30.A. above;
F. Within thirty (30) days after receipt by the City of said notice, and in no
event later than fifteen (15) days prior to said cancellation or intent not to renew, the Lessee shall
obtain and furnish to the City replacement insurance policies meeting the requirements of this
Section.
31. GENERAL INDEMNIFICATION. Lessee covenants not to bring suit against
the City and hereby agrees to defend, indemnify, and hold harmless the City, its appointed and
elected officers, employees, agents and volunteers from and against any and all liability, loss,
costs, damage, and expense, including costs and attorney fees in defense thereof, and including
claims by the Lessee's own employees to which the Lessee might otherwise be immune under
Title 51 RCW, because of actions, claims or lawsuits for damages resulting from personal or
bodily injury, including death 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
LEASE AGREEMENT - 11
such damage or injury is judicially found to be caused by the sole negligence of the City. This
provision waiving immunity for claims arising out of Title 51 RCW was specifically negotiated
by the parties.
Lessee assumes the risk of damage to its facilities located in the City's public ways, rights -of-
way, easements, and property from activities conducted by the City, its officers, employees,
agents, and volunteers. The Lessee releases and waives any and all claims against the City, its
officers, employees, agents, and volunteers for damage to or destruction of the Lessee's facilities
except to the extent any such damage or destruction is caused by the willful and malicious action
of the City, its officers, employees, agents, or volunteers.
32. CONSTRUCTION AND COMPLETION BOND. A performance bond written
by a corporate surety acceptable to the City equal to at least 100% of the estimated cost of
constructing the Lessee's telecommunications facilities within the public ways of the City or
upon City property shall be deposited in the event construction is commenced.
A. Except as provided below, the construction bond shall remain in force
until 60 days after substantial completion of the work, as determined by the City, including
restoration of public ways and other property affected by the construction.
B. The construction bond shall guarantee, to the satisfaction of the City:
(1) Timely completion of construction;
(2) Construction in compliance with applicable plans, permits,
technical codes, and standards;
(3) Proper location of the facilities as approved by the City;
(4) Restoration of the public ways and other public or private property
disrupted, damaged, or otherwise affected by the construction. The
construction bond shall warrant said restoration work for a period
of 1 year;
(5) The submission of `as- built' drawings after completion of the work
as required by this Chapter; and
(6) Timely payment and satisfaction of all claims, demands or liens for
labor, material or services provided in connection with the work.
33. ASSIGNMENTS OR TRANSFERS OF LEASE. Ownership or control of a
Lease may not, directly or indirectly, be transferred, assigned or disposed of by sale, lease,
LEASE AGREEMENT - 12
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, no 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
m
telecomunications 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.
LEASE AGREEMENT - 13
34. TRANSACTIONS AFFECTING CONTROL OF LEASE. Any transactions
which singularly or collectively result in a change of 50% or more of the ownership or working
control of the Lessee, of the ownership or working control 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 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 reasons
including, but not limited to:
A. Lessee's construction or operation in the City or in the public ways of the
City or upon City property without proper City authorization;
B. Lessee's construction or operation at an unauthorized location;
C. Unauthorized substantial transfer of control of the Lessee;
D. Unauthorized assignment of Lease;
E. Unauthorized sale, assignment or transfer of Lessee's Lease, assets, or a
substantial interest therein;
F. Misrepresentation by or on behalf of the Lessee in any application or
written statement upon which the City relies in making the decision to grant, review or amend
said Lease;
G. Abandonment of telecommunications facilities in the public ways or upon
City property;
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;
LEASE AGREEMENT - 14
I
I Insolvency or bankruptcy of the Lessee;
K. Failure to construct or operate in accordance with approved permits; and
L. Violation of any material provision or term of this lease.
36. NOTICE AND DUTY TO CURE. In the event that Lessee is in violation of or
defaults under the provisions of the Lease, the Lessee shall be given written notice of the
apparent violation, default or non - compliance, providing a short and concise statement of the
nature and general facts of the violation, default or non - compliance, and providing the Lessee a
reasonable period of time not exceeding 30 days to cure the violation.
37. STANDARDS FOR REVOCATION OR LESSER SANCTIONS. If the City
Council determines that a Lessee willfully violated or failed to comply with any of the provisions
of this Lease after notice is given the Lessee by the City under the provisions of this Lease, then
the Lessee shall forfeit all rights conferred hereunder and the Lease may be revoked or annulled
by the City. The City may elect, in lieu of the above and without any prejudice to any of its other
legal rights and remedies, to pursue other remedies and to recover damages and costs incurred by
the City by reason of the Lessee's failure to comply.
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
LEASE AGREEMENT - 15
Code or other applicable regulation is found to exist by the City, the City will, after discussions
with the Lessee, establish a reasonable time for the Lessee to make necessary repairs. If the
repairs are not made within the established time frame, the City may make the repairs itself or
have them made and collect all reasonable costs thereof from the Lessee.
40. LIENS. Lessee shall not permit any lien to be imposed upon the property of the
City as a result of work done by or on behalf of user and shall indemnify and hold the City
harmless against any and all expenses, including reasonable attorney's fees and court costs in
connection with any such lien.
41. MISCELLANEOUS.
A. This agreement shall be governed by the laws of the State of Washington.
B. Each party agrees to furnish the other, within ten (10) days after request,
such truthful estoppel information as the other may reasonably request.
C. 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.
A 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.
E. 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.
F. 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: LESSEE:
City of Bremerton Seattle Streaming Radio, LLC.
Attn: Public Works & Utilities 2539 N Hwy. 68
Forestry/Natural Resources Manager Sedalia, CO 80135
100 Oyster Bay Ave. N. and also to:
Bremerton, WA 98329 Seattle Streaming Radio, LLC
7126 Martin Luther King Jr. Way S
Seattle, WA 98118
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
LEASE AGREEMENT - 16
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.
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
disability, or sexual orientation, except employment actions based on a bona fide occupational
qualification.
LESSEE
Date:
By:
Its:
CITY OF BREMERTON
Date:
PATTI LENT, Mayor
APPROVED AS TO FORM:
ROGER A. LUBOVICH, City Attorney
//
LEASE AGREEMENT - 17
State of )
ss.
County of )
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.fonn.doc
LEASE AGREEMENT - 18
FTP CORPORATION
AM BROADCAST BAND TRANSMITTER
LEGAL DESCRIPTION OF PROPERTY
ON WHICH ANTENNA IS SITED
A portion of the SE quarter of the SW quarter of the SE quarter of
Section 15, Township 24 N, Range 1E, W.M. more particularly
described as follows:
BEGINNING at the SE corner of the SE quarter of the SW
quarter of the SE quarter of Said Section 15; then N 89 00 W on
the S line of Said Section 15 at a distance of 585.46 feet; thence N 0
59'38" E a distance of 254.81 feet to the true point of BEGINNING;
thence N 67 10'07" W a distance of 45.00 feet; thence N 22 29'53" E
a distance of 35.00 feet; thence S 67 10'07" E a distance of 45.00
feet; thence S 22 39'53" W a distance of 35.00 feet to the true point
of BEGINNING; continuing 0.036 acres.
Schedulc A
LEASE AGREEMENT - 19
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DATE SUBMITTED: September 24, 2010
AGENDA BILL 16A
CITY OF BREMERTON
CITY COUNCIL
■ rrrrrrrrrrrrrrrrrrrrrrrrrrr■• rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr�
SUBJECT: Approval to Apply for an Committee Meeting Date: September 29,2010
Economic Development District (EDD) COUNCIL MEETING Date: October 6, 2010
Public Works Prioritization Process grant Department: Public Works and
Utilities
Presenter: Vincent Akhimie
Phone: 473 -5315
SUMMARY: The Puget Sound Region Council recently announced Economic Development District
(EDD) Public Works Prioritization Process grants. Public Works is applying for a grant to construct a
Downtown Streetscape Promenade and Retail Connector to be constructed from downtown to
Evergreen Park
ATTACHMENTS: Council Summary
FISCAL IMPACTS (Include Budgeted Amount): The grant is for $3,000,000. It requires up to a
20% match depending upon the economic status of the City. The match (if required) will be the
funds used for the Washington Avenue sewer and two projects will be combined into one project.
APPROVALS:
DEPARTMENT DIRECTOR:
CITY ATTORNEY:
FINANCE DIRECTOR:
MAYOR:
COMMITTEE CHAIR
COUNCIL PRESIDENT: CONSENT AGENDA ❑
GENERAL BUSINESS
PUBLIC HEARING ❑
RECOMMENDED MOTION:
Move to approve the Public Works and Utilities Department to apply for a Economic Development
District (EDD) Public Works Prioritization Process grant.
j COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action
i
COUNCIL SUMMARY
ECONOMIC DEVELOPMENT DISTRICT
PUBLIC WORKS PRIORITIZATION PROCESS GRANTS
Puget Sound Regional Council notified The City of an Economic Development District (EDD)
grant offering. This came with a very short timeline and is due October 8. We need to get
Council's approval to apply. We are requesting it come to Council for Study session on
September 29 and to Council meeting for action on October 6. It is proposed that we construct a
Downtown Streetscape Promenade and Retail Connector from downtown to Evergreen Park.
The grant is for $3,000,000 and requires up to a 20% match. The City may qualify for a zero
match based upon an evaluation of the financial status of the City. The Washington Ave sewer
project is programmed for design in 2011 and construction in 2012. This project is along the
same alignment as the Promenade If a match is required the City can use this sewer project as
leverage for the Promenade.
Each year, the Puget Sound Regional Council (PSRC) ranks local public works projects based on
their economic development impact, and then sends those non - binding recommendations to the
U.S. Economic Development Administration (EDA). The goal of this Public Works Prioritization
Process is to help the most deserving local projects pursue federal funding. To participate in this
process, local jurisdictions and eligible non - profit agencies are invited to submit projects for
prioritization. Projects should be related to the construction or rehabilitation of essential public
infrastructure and development facilities necessary to generate private investments that result in
higher - skill, higher -wage jobs. Applications are then rated against federal requirements, as well
as consistency with the PSRC's regional planning documents: VISION 2040, Transportation 2040
and the Regional Economic Strategy. Once projects are numerically ranked and these non-
binding recommendations are sent to EDA, sponsors of these projects then directly contact the
EDA to pursue funding.