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HomeMy WebLinkAboutParking_Lot_Use_Agreement_-_LOT_961 Parking Lot Use Agreement City of Bremerton Parking Lot Use Agreement This Agreement is made and entered into as of the date fully executed below, by and between the CITY OF BREMERTON, a Washington municipal corporation (“City”), and PORT MADISON CONSTRUCTION CORPORATION (“Permittee”). WHEREAS, City is the owner of the several parcels and control of Right of Way within the City of Bremerton as shown in Exhibit A (“Property”) in the City of Bremerton, Kitsap County, Washington; WHEREAS, Permittee has been issued a type B ROW permit no. RW26 00149, issued on July 13, 2026 and expiring on November 10, 2026, as authorized in Bremerton Municipal Code section 11.02.080; and WHEREAS, Permittee desires to utilize the Property to provide response to contract N4425526F0145 121813364, (PRI-2) Repair Damaged Barrier and Security Fence, CIA Fence, PSNS NOW THEREFORE, in consideration of the mutual benefits derived by the parties hereto, it is agreed: 1. INCORPORATION OF RECITALS: The foregoing recitals are incorporated herein by this reference and made a part hereof. 2. ACCESS AND USE: The City hereby authorizes Permittee the exclusive use of portions of parking lots and rights of way designated for the use of public parking, as shown in Exhibit A, for the temporary alternative use of: Barrier and Fence Repair (“Use”). The City acknowledges that the Use will include without limitation construction work, and the movement and storage of heavy construction equipment and materials on the Property. The City acknowledges that limited passage of third‑party vehicles through the designated Right‑of‑Way areas during the period of Use will continue solely for the purpose of maintaining the existing circulation and access for the occupants of the adjacent property, for service providers to the adjacent property, and for emergency vehicle access to the adjacent property. Permittee is not responsible for directing, managing, controlling, or supervising such third‑party vehicles, and the City expressly retains all responsibility and liability associated with third‑party vehicle movements through the Property. Notwithstanding the foregoing, where third-party vehicles must continue to pass through designated Right-of-Way areas, Permittee shall maintain a reasonable vehicular access width at all times, with a minimum of twelve (12) feet, sufficient to allow safe ingress and egress by passenger and emergency vehicles, and shall keep such access free of stored materials, equipment, debris, and obstructions. The following parameters must also be met, and are included in the definition of “Use”: a) Permittee’s Use of the Property is limited to dates: beginning August 3, 2026, twenty- four (24) hours a day for a period of 45 consecutive calendar days. Additional dates may be agreed upon by the Contracts Administrator and Permittee in writing if requested by Permittee. The fee rates for the additional dates will not exceed the rates described in Section 4 below. Docusign Envelope ID: F69202D0-AB17-8D0C-80E5-1C3D03F7F8ED 2 Parking Lot Use Agreement b) The City will be notified via email of the start of work and the completion of work, to the following email address: mike.riley@ci.bremerton.wa.us c) Permittee’s Use of the Property is limited to the parcels listed in Exhibit A and will only access City property through Warren Avenue entrance. 3. USE CONDITIONS: Permittee, for itself and its successors and assigns, covenants as follows: a) This authorization is given only for the above stated Use. Any extension or modification of the scope of the Use must be approved in writing by the City. b) Permittee shall at all times conduct the Use in a safe and workmanlike manner, and comply with all applicable laws. c) Permittee shall be responsible for any damage to the area of the Property occupied by Permittee as shown in Exhibit A, resulting from Permittee’s Use, wear and tear reasonably anticipated from the Use excepted. d) Permittee shall be responsible for the clean-up and removal of litter, debris, equipment, and all other items resulting from its Use. e) Permittee will inform the Director of Financial Services or his designee of any damage to the Property immediately. Contact: mike.riley@ci.bremerton.wa.us or 360-473- 5303. f) No alcohol or non-prescribed drug shall be consumed in the Property or during Use by Permittee or any of Permittee’s employees, and no person under the influence of any such substance shall be allowed onto the Property by the Permittee. g) Permittee shall have no responsibility or liability for any claim, injury, damage, or loss arising from or related to the passage, actions, or operations of third‑party vehicles allowed by the City to traverse the Property, except when such claim is caused by the Permittee’s sole negligence or willful misconduct. The City will defend, indemnify, and hold Permittee harmless from third-party claims arising from such third-party vehicle use on the Property. The City’s allowance of limited passage of third-party vehicles shall not be construed as acceptance of any of Permittee’s work, assumption of any duty owed by Permittee, or a waiver of any rights or remedies. 4. CONSIDERATION: In consideration for the Use, Permittee shall pay a total use fee of thirteen dollars $13.00 per day per stall with a total of fourteen (14) stalls in use for a period of 45 consecutive days at total reimbursement rate of $8,190.00. Permittee will issue payment to the City no later than thirty (30) days after Permittee’s receipt of the City’s invoice. 5. TERMINATION: This Agreement shall terminate upon completion of the Use. In the event Permittee fails to observe or perform any of the covenants, conditions, or provisions of this Agreement, the Director or designee may immediately terminate Permittee’s Use. 6. INDEMNIFICATION: Permittee shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and volunteers harmless from any and all claims, injuries, Docusign Envelope ID: F69202D0-AB17-8D0C-80E5-1C3D03F7F8ED 3 Parking Lot Use Agreement damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with Permittee’s Use of the Property pursuant to this Agreement, except for that portion of the injuries and damages caused by the City’s sole negligence. For clarity, the indemnification obligations of the Permittee shall not apply to claims, injuries, damages, or losses arising from the acts, omissions, or operations of third‑party vehicles permitted by the City to travel through the Property, except when such claim is caused by Permittee’s sole negligence or willful misconduct. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES PERMITTEE’S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLEY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. 7. INSURANCE: Permittee shall procure and maintain for the duration of its Use, insurance against claims for injuries to persons or damage to property arising from or in connection with the Use by Permittee, its agents, representatives, employees, or subcontractors. Prior to the date of Use, Permittee shall provide to the City a Certificate of Insurance evidencing: a) Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $1,000,000 aggregate for personal injury, bodily injury, and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and b) Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and c) Workers Compensation insurance as statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington and employer's liability with limits not less than $1,000,000. Insurance is to be placed with a current A.M. Best rating of not less than A: VII. Any payment of deductible or self-insured retention shall be the sole responsibility of the Permittee. All required policies shall be provided on an “occurrence” basis except professional liability insurance (if required), which may be provided on a “claims-made” basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects the Use performed by or on behalf of the Permittee and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive Docusign Envelope ID: F69202D0-AB17-8D0C-80E5-1C3D03F7F8ED 4 Parking Lot Use Agreement a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reasonably reject any unacceptable policies and/or endorsements. The Permittee'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 Permittee's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities, and obligations to which coverage applies. It shall be an affirmative obligation upon Permittee to advise the City’s Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6th Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. If the Permittee maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits maintained by the Permittee. 8. In the event that the Permittee employs other contractors or subcontractors as part of the use covered by this Agreement, it shall be the Permittee’s responsibility to require and confirm that each contractor or subcontractor meet the minimum insurance requirements specified above. The Permittee and permittee’s suppliers and subcontractors , shall, upon demand of the City, deliver to the City copies of such policy or policies of insurance and the receipts for payment of premiums thereon. MISCELLANEOUS PROVISIONS: The following provisions apply to this Agreement: a) Governing law and Venue. This Agreement shall be constructed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by the state courts of Washington with venue in Kitsap County, Washington. b) Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. c) Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements, representations, or warranties shall be of no further force or effect and are superseded by this Agreement. d) Severability. In the event that one or more provisions of this Agreement are determined to be invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect. e) Nothing in this Agreement, any and all permit application(s), or any related document(s), shall be construed as a waiver of Permittee’s sovereign immunity, which Permittee hereby expressly retains. Docusign Envelope ID: F69202D0-AB17-8D0C-80E5-1C3D03F7F8ED 5 Parking Lot Use Agreement IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed as of the day and year signed below. CITY OF BREMERTON PERMITTEE BY: __________________________ BY:__________________________ Mike Riley Finance Director Port Madison Construction Corporation Approved as to form: _____________________________ KYLIE J. FINNELL, City Attorney Docusign Envelope ID: F69202D0-AB17-8D0C-80E5-1C3D03F7F8ED 6 Parking Lot Use Agreement Exhibit A Parking Use Areas: Lot 96 200 Warren Avenue Docusign Envelope ID: F69202D0-AB17-8D0C-80E5-1C3D03F7F8ED Certificate Of Completion Envelope Id: F69202D0-AB17-8D0C-80E5-1C3D03F7F8ED Status: Completed Subject: Parking Lot Use Agreement - LOT 96 Source Envelope: Document Pages: 6 Signatures: 3 Envelope Originator: Certificate Pages: 5 Initials: 0 Jon Hickling AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-08:00) Pacific Time (US & Canada) 345 6th Street Suite 100 Bremerton, WA 98337 Jon.Hickling@ci.bremerton.wa.us IP Address: 64.156.71.82 Record Tracking Status: Original 7/29/2026 2:48:15 PM Holder: Jon Hickling Jon.Hickling@ci.bremerton.wa.us Location: DocuSign Signer Events Signature Timestamp Brett Jette brett.jette@ci.bremerton.wa.us Assistant City Attorney Security Level: Email, Account Authentication (None)Signature Adoption: Pre-selected Style Using IP Address: 199.231.245.219 Sent: 7/29/2026 2:55:25 PM Viewed: 7/29/2026 2:55:53 PM Signed: 7/29/2026 2:58:26 PM Electronic Record and Signature Disclosure: Accepted: 7/29/2026 2:55:53 PM ID: 9895c0ea-debf-4c2e-9ed3-044447438bad Seth Tinkham sethtinkham@portmadisonconstruction.com Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 50.204.157.4 Sent: 7/29/2026 2:58:29 PM Viewed: 7/29/2026 2:58:53 PM Signed: 7/29/2026 2:59:18 PM Electronic Record and Signature Disclosure: Accepted: 7/29/2026 2:58:53 PM ID: c52f18cb-4268-4c53-9c43-22a5b5e8a546 Mike Riley mike.riley@ci.bremerton.wa.us Security Level: Email, Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 146.129.247.132 Sent: 7/29/2026 2:59:20 PM Viewed: 7/29/2026 2:59:52 PM Signed: 7/29/2026 3:00:17 PM Electronic Record and Signature Disclosure: Not Offered via Docusign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/29/2026 2:55:26 PM Certified Delivered Security Checked 7/29/2026 2:59:52 PM Signing Complete Security Checked 7/29/2026 3:00:17 PM Completed Security Checked 7/29/2026 3:00:17 PM Payment Events Status Timestamps Electronic Record and Signature Disclosure ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, 1000144867-1278204-City of Bremerton (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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