Loading...
HomeMy WebLinkAbout06/02/2010 AGENDA � � i Y � o . �iOQ� '�O CITY COUNCIL 345 6` Street, Suite 600, Bremerton, WA 98337 ❑ Phone (360) 473-5280 ***AMENDED*** JUNE 2, 2010 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. General Council Business 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. MAYOR'S REPORT 4. PUBLIC RECOGNITION 5. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — May 19, 2010 C. Minutes of Study Session — May 26, 2010 D. Approve purchase of bulk 12.5% Sodium Hypochlorite Solution from Ourv CH�oR A��t,4�� PRO�uCTS for the Westside Wastewater Treatment Plant E. Approve Pollution Liability Insurance Policy bound by IN��Arv HARBOR INSUw4tvCE ConnPANY for 2010 through 2013 F. Resolution No. 3118 supporting the initial findings of the Bremerton Economic Development Study and endorsing the Belfair Bypass Project G. Professional Services Agreement with the Law Offices of Kenneth W. Bagwell for legal services 6. GENERAL BUSINESS A. Approve Parking Enforcement Services Contract with DiaMOtv� PARKiN�, L�C B. Contract Award to STAN PALMER CONSTRUCTION for construction of the "Lions Park Renovation" Project 7. PUBLIC HEARINGS A. Approve Local Solicitation 2010 Justice Assistance Grant Application B. Ordinance No. 5112 to amend Title 18 titled "City Fire Code" of the Bremerton Municipal Code (BMC); and to adopt the 2009 changes to the International Fire Code C. Ordinance No. 5113 to amend Chapter 17.04 titled "State Building Code Adoption" of the Bremerton Municipal Code (BMC); to repeal the adoption of the Washington State Ventilation and Indoor Air Quality Code; and to adopt the 2009 editions of the various Building Codes 8. COUNCIL MEMBER REPORTS 9. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING � Americans with Disabilities Act (ADA) accommodations provided upon ►equest Those requi�ng special accommodations should contact the City Clerk's O�ce 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 WISIT YOUR COMMENTS TO BE INCLUDED IN THE RECORD ; �,,� ��� � � �, �C�.� ��-� �,,P �►.�,,1�J � �! C,�- ���'������ ��� � . ., , . REQUESTS FOR INFORMATION MUST BE SUBMITTED IN WRITING TO THE CLERK THANK YOU DATE SUBMiT"TED; 6/2/2010 �IGENIDA BII.L CITY OF BREMERTON CITY COUNCIL •aosrnaaasoravaeaoaeoaneaaaaasoaasoaaasasases�esaaaaeoaoeasooaaaaoae�eseosvasnaeaao¢aaQeeaa� SUSJECT: Committee Meeting Date: COUNCIL MEETING Date: June Z, 2010 Ctaims & Check Register Department: Financial Services Presenter: Cathy Johnson Phone: 473-5296 SUiVVYMAR'�': Consent Agenda item. Approval of che,cks and electronic fund transfers. A'Y'TACIf1YIEN1'S: Che�k Register. FISCAL I1V4PAC7f`5 (Tnc3ude Bud�eted Amount}; APPRUVA►L�: DEPARTMENT DIRECTOR: CITY ATTORNEY: FiNANCE DIRECTOR: MAY�R: CQMMITTEE CHAIR _ � COUNCIL PRESIDENT: C4N3ENT AGENDA � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECO1VdMEP1IDElD N1��T��N: 1) Check #'s 337819 through 338098 and EFT's 9863 through 99I3 in the amount of $3,250,74b21. 2) Retiree Payroll for the pay period ending May 31, 2410 in the amount of $78,743,92. COUNCIL A�.."TION: � Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action i �:� i i�. �� ��;�iri��rt:i�: . :�(;EVD:� BILt. C'IT'1�' OF BRE!�IE;RT'()N ('f('Y C'Ol_;N('(L .......................................................................................� �1;13.1EC'T: ('ity C'c�uncil ;�icctin� !�tinut�s C'�►i»mittcc ��l�ctin� [)atc: v/A ti�r t�7��ti�1� of ('l )liN('ll. !�Il:li'I'IN(i I)at�: - f(�n� a �D/D /VI /q ao UcparUnci�t: _('ity('uuncil y � Pres�nt�r: Nick Wof'ford, Cuuncil President I'hone: (360) 473-5280 SU�IMARY: Attached is the summary of the City Cowicil Mcetin� held AiJay !9, aoio ATTACHMENTS: Meeting Minutes for /�jQ /9 a o� y - F[SCAL IMPACTS (Include Budgeted Amount): N/A APPROVALS: bEPARTMENT DIRECTOR: Council President C(TY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/A C'OMMITTEE CHA[R N/A ('OUNC'IL PRESIDENT: CONSENT AGENDA � C� GENERAL BUSINESS ❑ _ Pi1BL[C' HEAR[NG ❑ ItF.CO,1�1,Y1F;VDED ,�10T[ON: �I��cc tu ap�rc�vc mcctin� minutes as pi�cscnt��l. ('Ol;\(7L :�('1'1Or: ❑ �lpprove ❑ Ikny ❑ 'fahl� ❑ ('untinur ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, May 19, 2010 The weekiy meeting of the City Council of the City of Bremerton was called to order Wednesday, May 19, 2010, at 5 :00 PM 111 COUf1Cll C011f@�8f1Ce ROOI'1'1 603 Of th@ 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 Attomey Roger Lubovich; City Clerk Carol Etgen; and City Council Assistant Christine Grenier. A CouNCi� BRiEFiN� 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 • Announced that the Department of Ecology has awarded the 2009 Outstanding Performance Award to the City of Bremerton's West Side Wastewater Treatment Plant for the fifth year in a row; and presented an Emp/oyee Recognit�on Award to Pat Coxon, Manager for the Wastewater Treatment Plant; • Proctaimed May 28, 2010 as Bree Schaaf Day in recognition for her accomplishments as the 2009 National Bobsled Champion; for being part of the 2010 Vancouver Winter Olympic Team; and for placing 5"' overall in the Women's Bobsled event. • Thanked Bree Schaaf and Vice-Admiral Kevin McCoy for being marshals of the Armed Forces Day Dignity Memorial Parade that was held last Saturday; • Attended the Law Enforcement Memorial last week at Miller Woodlawn Cemetery and was pleased that a permanent monument will be there; • Was amazed at the variety of materials that young artists used for their creations at the Gallery of Style Fashion Show held at Bremerton High School; and • Invited the public to attend an upcoming Pumas game this Saturday and to look in Pepsi beverages for coupons to upcoming games. PUBLIC RECOGNITION President Wofford encouraged the public to contact the Mayor's office at (360) 473-5266 or www.kitsap-pfd.orp for more infonnation on how to apply for a vacancy of the Kitsap Public Facilities District Board of Directors. Don Knott, Bremerton Lanes Casino, hoped that Council would consider a reduction in "sin° taxes to bring 30 to 50 jobs back to Bremerton and asked for direction on how he could proceed so that part of his business could re-open. Laura Movnihan provided a letter in support of allowing citizens in the City limits to keep chickens and asked that Council consider setting a policy to make this a reality. Susi=st, Muscular Dystrophy Association & Jeny's Kids, presented a plaque in recognition of the City's support for the 2009 "Fill The Boot" Campaign which raised $4,081. Brad Johanson, Retired Commander for the USS JoHN C. S'rENNis, commended the Council for their support of those who have muscular dystrophy, including himself, who has Lou Gehrig's disease. Ms_West then announced that the 2010 campaign goal is $10,000 and hoped that the community would provide its support. Jamie Forsvth, spoke on behalf of the Union Hill neighborhood in support of urban chickens. I City Council Reg. Mtg. Minutes Wednesday, May 19, 2010 Page 2 of 5 CONSENT AGENDA A. Check Numbers 337586 through 337818; and EFT-9725 through EFT-9862 in the amount of $3,253.839.48; Regular Payroll in the amount of $76,311.76 for the pay period ending April 30, 2010; and Regular Payroll in the amount of $729, 198.92 for the pay period ending May 15, 2010. B. Minutes of Meeting — May 5, 2010 C. Minutes of Study Session — May 12, 2010 D. Update to Water Service Agreement with the Rocky Point Water District E. Installation of required Police Equipment in three (3) 2010 Ford Crown Victorias F. Request to change name of Kiwanis Pla�eld to Kiwanis Park G. Public Works Construction Agreement with RoBiNSON ConnPANY, INC. for the remodel of the property on the SE comer of 6"' Street and Park Avenue (formerly Kitsap Bank) for the Municipal Court Building H. Item was postponed until June... There were no questions or comments from the public. .. 5:56:08 M/S/C (Arends/Runyon) Move to approve the CoNSENT AGEN�A as presented. Voted in favor of Motion: McDonald, McConnell, Brockus, Runyon, Wheeler, Robinson, Arends, and Maupin Abstained: Wofford Motion carried: 8-Yes; 1 Abstention GENERAL BUSINESS 6A — GRANT AGREEMENT WITH THE STATE OF WASHINGTON AND THE RECREATION & CONSERVATION FUNDING BOARD FOR KIWANIS PARK IMPROVEMENTS: Wvn Birkenthal, Parks 8 Recreation Director, summarized that the attached grant agreement will provide $400,000 to assist in the renovation of Kiwanis Park. Improvements include drainage for lower park area, grading, new play area, landscaping, walking paths, restrooms, benches, picnic shelter, soccer field upgrades and play meadow. Renovation of Kiwanis Park is the 2" highest ranked p�oject in the Parks Capital Improvement Plan and improvements have been discussed with the neighborhood, soccer association, and church stakeholders. John Tavlor, Bremerton Kiwanis Club President, spoke on behalf of the Kiwanis' suppo►t of this project and was very excited that this project supports the goals of the group. Marie Vila thanked the Parks Department for coordinating the improvement efforts at the park and emphasized that the park will be a community asset. The following Union Hill residents offered comments in support of the grant.. . Jamie Forsvth; Hollv Go1d; Robert Caires; Glen Hodae Mas��ie Williams Ella Rav and John Flescher 06:09:35 Motion was made and seconded; Council Members then began their discussion... Rov Runvon asked if there would be opportunities for volunteers; and asked for clarification for the timeline for the project's comptetion. Wvn Birkenthal answered yes, and that former projects included volunteers from groups like Washington Youth Academy; and that construction should be done by late summer to fall 2011. Jim McDonald thanked Kiwanis for their contributions. City Council Reg. Mtg. Minutes Wednesday, May 19, 2010 Page 3 of 5 Adam Brockus clarified that funding will come for the capital fund and hope that other needed projects will be funded through other grant opportunities. Will Mau�in thanked the Union Hill residents for their willingness to get involved. Gres� Wheeler commended the Parks Department for actively seeking grants. 06:15:40 M/S/C/U (Runyon/Robinson) Move to authorize the Mayor to enter into the Kiwanis Park grant agreement with the State of Washington and the Recreation and Conservation Funding Board, and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. 66 — RESOLUTION NO. 3117 ESTABLISHING CONDITIONS FOR LIMITED TAX GENERAL OBLIGATION ILTG01 BONDS FOR THE PARK PLAZA PROJECT. THE LIONS PARK RENOVATION. AND RENOVATION OF A BUILDING TO BE USED AS A MUNICIPAL COURT BUILDING: Barbara Steuhenson, Financial Services Director, explained that on April 21, 2010, the City Council passed Ordinance No. 5109 authorizing the issuance and sale of the City's Limited Tax General Obligation Bonds, 2010, in the principal amount not to exceed $9,600,000; and this resolution establishes the terms of the sale of the bonds. Dave Tras�eser of D.A. Davidson & Company, provided an update on the bond process. There were no comments from the public... 06:20:37 Motion was made and seconded; Council Members then began their discussion.�.. Adam Brockus asked if tax rates for the public are going to be affected by these bonds. Barbara Steqhenson answered no; and added that the local revitalization financing comes out the State's portion of the sales tax. Cecil McConnell emphasized that while he supports the Municipal Court and Lions Park portions of the proposal, he could not support the Park Plaza project therefore he would not vote for the bond issue. Rov Runvon believed it is very important to keep our promise to the voters who approved the Public Safety Bond and court facility. ' Gres� Wheeler emphasized that these are the times to make these improvements due to extremely low interest rates. Dianne Robinson asked for clarification on the underwriter discount. Mr. Tras�eser clarified that the discount is compensation to the underwriter for putting the deal together, structuring the bonds, and selling the bonds. 06:25:03 M/S/C (Brockus/Runyon) Move to adopt Resolution No. 3117 providing for certain terms and covenants relating to the Limited Tax General Obligation Bonds, 2010 to provide funds with which to pay a portion of the costs for the Park Plaza Project, the Lions Park Renovation, and the purchase and sale of a building to be used as a Municipal Court building. Voted in favor of Motion: Brockus, Runyon, Wheeler, Robinson, Arends, Maupin, McDonald, Wofford Voted against Motion: McConnell Motion carried: 8-Yes; 1-No COUNCIL MEMBER REPORTS Will Mauoin reported on the Puget Sound Regional Council Growth Management Board meeting he attended last Thursday; discussed a Kitsap Transit Community Meeting held to discuss City Council Reg. Mtg. Minutes Wednesday, May 19, 2010 Page 4 of 5 homelessness; and announced that in the future there will be two representatives on the Kitsap Transit Board from Bremerton instead of three and one at-large from the cities in Kitsap County; mentioned recent discussion �egarding the Bremerton Economic Development Study (BEDS) on possible solutions to traffic to include a Belfair Bypass, a bridge across Sinclair Inlet, and improvements to the Highway 303-304 Interchange. Carol Arends attended the Cen-Com Policy Board yesterday where there was discussion about coordinating maps for agencies which would eliminate conflicting addresses and make information more readily available. Dianne Robinson attended a ret�eat for Kitsap Mental Health Services which included many new ideas of how to provide services; highlighted by-law updates during the Kitsap Transit Board; and sponsored the successful 2k walk and 5k fun run on Saturday with Greg Wheeler. Grea Wheeler attended a Season Preview for the Admiral Theatre, Culinary Competition at Olympic College, Washington State Ferries Community Meeting, Police Memorial at Miller Woodlawn Cemetery, PSNBA Reception, Navy League Gala; thanked Phyllis Mann of Emergency Management for being his guest speaker at his District 5 Meeting on Monday; and asked the public to °save the date" for July 31 for his Annual District 5 Picnic at Evergreen Park. Rov Runvon toured the Wastewater Treatment Plant a few weeks ago and was very impressed; announced that Soulworkz Gala will be held on May 22 at 7:00 PM in the Meeting Chambers to support alcohol treatment and rain gardens; announced that the Kitsap Harbor Festival will be held over Memorial Day Weekend from May 29 to 31 on the Bremerton Boardwalk and Marina and in Port Orchard. For more information, please visit website www.kitsapharborfestival.com. Adam Brockus encouraged people to see the NCAA West Regional Golf Toumament at Gold Mountain; and was pleased that the City is taking advantage of funding for capital projects. Jim McDonald attended the Armed Forces Day Parade and observed that the wider sidewalks accommodated more people that before; and encouraged people to visit the City's website for a copy of the "Making a Difference in Your Neighborhood" brochure that was produced by the neighborhood block watch captains. Nick Wofford reported on his recent trip to visit family in Virginia including stops in Williamsberg, Jamestown, Yorktown, and Gettysberg. EXECUTIVE SESSION 06:43:50 Council recessed for a 30-Minute Executive Session to discuss aPotential Litigation" per RCW 42.30.110 (1)(i) (Information only); and a "Real Estate Acquisition/Sa/e" per RCW 42.30.110 (1)(b) (Action was requested... ) Will Mauain excused himself prior to discussion on the Real Estate Acquisition/Sale and did not retum to the meeting for the final vote... President Wofford reconvened the Council Meeting at 7:12 PM. 8A — PURCHASE OF REAL PROPERTY LOCATED AT 190 PACIFIC AVENUE TO 190 PACIFIC LLC: 07:12:15 M/S/C/U (Wheeler/Runyon) Move to authorize the sale of property located at 190 Pacific Avenue to 190 PnciFic AvENUE, LLC, and to authorize the Mayor to finalize and execute the Real Estate Purchase and Sale Agreement with substantially the same terms and conditions as presented and further to authorize the Mayor to finalize and execute any and all other documents necessary to close the transaction. City Council Reg. Mtg. Minutes . Wednesday, May 19, 2010 Page 5 of 5 With no further business, President Wofford adjoumed the Council Meeting at 7:13 PM. Prepared and Submitted by: CHRISTINE GRENIER c Council Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg i �.� i i� �t :t3�iri��i�t�:u: :�(:ENDf� 811.1. ('ITY OF f3RC:ME�:R"1'ON ('ITY ('Ot_�N('IL ����������������������������������������������������������������������������� �('R.1F.C'T: C'it}• (.'��uncil Mcctin3 !�9inutcs (`��n�mitt�� 1�icrtin� [)atc: v;'.� ti�r in��tinti ut� c'c)lN('IL �tl•:l:"1'W(� I)atc: - � — �� � oZ a ol o �Q [)cp.u�tmcnt: _ ('ity ('uuncil .Y a 6, a o, Pres�ntcr: Nick 1�Vot�ford, C'uuilcil Presicicnt Phonc: (3GO) �173-5280 SU�tMARY: Attachecl is the summary of the City Counei( Meetin� helci /�fa ab ,Z o 0 y , , ATTACHMENTS: Meeting Minutes for /� ab a o � o FISCAL IMPACTS (lnclude Budgeted Amount): N/A .4PPROVALS: DEPARTMENT DIRECTOR: Council President CITY ATTORNEY: N/A FINANCE DIRECTOR: N/A MAYOR: N/Q �'OMMITTEE CHAIR N/A �'OUNCIL PRESIDENT: C'ONSENT AGENDA � GENERAL BUSINESS ❑ __PUBL[C HEARWG ❑ Ilt?CO�ti1:ti1F„�iDED , �IOT[ON: �l��vc t�� a����ro��c mu�tin3 minutcs as prescntc�l. ('Ol'\('ll.:�("t'1OV: ❑ A��provc ❑ I)rny ❑ "fablr ❑ ('untinur ❑ No.�lction DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES May 26, 2010 A Study Session of the City Council of the City of Bremerton was called to order in the City Council Conference Room 603, Of the NORM DICKS GOVERNMENT CENTER 345 6�' Street, B�emerton, Washington, Wednesday, May 26, 2010, at 5:00 PM, with 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. Legislative Assistant Lori Smith was present to provide staff support. President Wofford emphasized 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. NO DISCUSSION PLANNED - The fol/owing items are budgeted items or have been reviewed by the appropriate Council Committee; and will be p/aced on the June 2 Council Meeting Agenda for action: 1. Approve purchase of bulk 12.5% Sodium Hypochlorite Solution from OuN CH�oR Autnu PRO�ucTS for the Westside Wastewater Treatment Plant — Pat Coxon, Wastewater Treatment Plant Manager; and Dianne Robinson, Public Works Committee Chair Consenf Agenda 2. Approve Pollution Liability Insurance Policy bound by INDIAN HARBOR INSUr�NCE COMPANY for 2010 through 2013— Roger Lubovich, City Attomey; Thelma Swem, Risk Manager; and Adam Brockus, Finance Committee Chair Consent Agenda B. EXECUTIVE SESSION 3. 10-Minutes to discuss "Potential Litigation° per RCW 42.30.110(1) (i) (Information Only) C. BRIEF/FULL DISCUSSION PLANNED 4. Proposed public hearing to approve Local Solicitation 2010 Justice Assistance Grant Application — Police Chief Craig Rogers; and Roy Runyon, Public Safety and Parks Committee Chair Public Hearing 5. Proposed resolution in support of the Belfair Bypass Project — Roger Lubovich, City Attomey Consent Agenda 6. Approve Parking Enforcement Services Contract with DinMON� PARKitv� L�c — Carol Etgen, City Clerk; and Roy Runyon, Public Safety and Parks Committee Chair Genera/ Business 7. Proposed public hearing and ordinance to amend Title 18 titled "City Fire Code° of the Bremerton Municipal Code (BMC); and to adopt the 2009 changes to the Intemational Fire Code — Fire Chief AI Duke; Fire Captain Mike Six; and Roy Runyon, Public Safety & Parks Committee Chair Public Hearing 8. Proposed public hearing and ordinance to amend Chapter 17.004 titled "State Building Code Adoption" of the Bremerton Municipal Code (BMC); to repeal the adoption of the Washington State Ventilation and Indoor Air Quality Code; and to adopt the 2009 Editions of various Building Codes — JoAnn Vidinhar, Community Development Department Assistant Director; and Greg Wheeler, Planning Committee Chair Public Hearing City Council Study Session Minutes Wednesday, May 26, 2010 Page 2 of 2 9. CO�t�BCt AWB�d t0 STAN PALMER CONSTRUCTION f0� C011Stn.ICtlO� Of the "Lions Park Renovation" Project — Wyn Birkenthal, Parks and Recreation Department Director; and Roy Runyon, Public Safety and Parks Committee Chair Genera/ Business 10. Update on the Evergreen Park Rotary Park Expansion — Tom Knuckey, Operations Manager of Public Works and Utilities; Wyn Bi�lcenthal, Parks and Recreation Department Director; and Dianne Robinson, Public Wo�lcs Committee Chair (Information Only) D. GENERAL COUNCIL BUSINESS 1. Briefings were provided by Council Committee Chairs; and President Wofford requested that Council Members provide their list of priorities for use during a Study Session proposed next week to discuss the budget. With no further business, President Wofford adjoumed the Study Session at 7:40 PM. Prep red and Submitted by: . LORI SMITH Legislative Assistant Attest: CAROL ETGEN, City Clerk NICK WOFFORD, City Council President NW:CE:Is:cg r DATE SUBMITTED: May 19, 2010 D AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Award of 12.5% Bulk Sodium Committee Meeting Date: May 26, 2010 Hypochlorite Solution proposal for the COLJNCIL MEETING Date: June 02, 2010 Westside WWTP. ' Department: WWTP Presenter: Pat Coxon Phone: 473-5448 SUMMARY: Three proposals were received in response to a request'from the City for furnishing 12.5% bulk sodium hypochlorite to the Westside WWTP. OLIN CHLOR ALKALI Products in Tracy, California submitted the lowest responsive proposal at 57.9 cents/gallon delivered, including tax. This award to the supplier will have firm pricing for a period of one year, from the time the proposal agreement is signed. The cost per gallon from the supplier will include all costs (freight and taxes). ATTACHMENTS: Sodium Hypochlorite proposals from HASA Inc, JCI Jones Chemicals Inc and � OL1N CHLOR ALKALI Products. • FISCAL IMPACTS (Include Budgeted Amount): This purchase is budgeted through the WWTP Operating Supplies Budget of $220,000.00. Bars #535.8032.53110. APPROVALS: DEPARTMENT DIRECTOR: . %/ CITY ATTORNEY: FINANCE DIRECTOR: ._ - - MAYOR: ,� , COMMITTEE CHAIR ` COUNCIL PRESIDENT: .,�., CONSENT AGENDA � � GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the proposal to purchase bulk 12.5% sodium hypochlorite solution for a period of one year from OLIN CHLOR ALKALI Products at a cost of $0.579 per gallon delivered. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action �lin CHLOR ALKALI �6�0o S Hanta Road P R O D U C T S Tcacy, CA 95304 209/835-7204 Fnx:209/835-9760 A pri ( I�4, 3U I 0 Iaternet Address: www:��olinchloralkali.com Pat J. Coxen, Wastewuler Mai�a�;er City of Bremerton I GUO Oyster Bay Ave S B�•emerton, WA N831? Pntric.ca�on a,ci.brenterton.���a.us RE: REOUEST FOR PRDPOSAL —11.5% SoJiruit Hppurlr/rrrit� —2q!!1-ll De.�r Pat: Olii� is pleased tn ot�er the fallo�vin�; �ricing in response to the rec�uest for proposnl for the supply and delivery �t s�dium I�ypochlorite for the upcomins fiscal year. 12.5`% Surlitntt H'vnurhlurite Luc�rtiu�t Priee (pc•r t�ulJ Dremertoi� W WTP �0.579 (fi•eight included + te�x) Dclivr:rJ�: 3 days �11t0, Nlin. 4,800 glllon trucklaads These prices are valid Cor the ��eriod from award throug,h June 30, 3U11. We are �villing to extend this a�reemenl year to yelr uEwn mutual agreement. Olin is the Iargest infinufacturer/distributor of blench for wa�er treatment in the Northwest and aur pinnts are ISO cerlil•ied. Our chemicals carry NSF Standard 60 ce�titicltion and c►re in compliai�ce �vith ull cui7ent AWWA nnd CPA standards. 'I'h�nk you for the op�wrtunity to bicl on the chemical requirements for lhe City of Bremerton a�;:�in. If you should ha��e any c�ucstians, please do nat hesit�le ta call me at (309)221-8265 or Ross 13urch your account rep. Sincerely, ��- � .lahn M. Schabacker [iusiness Director Cc: ftuss l3orch, Aucc�unt iVlaiia�;ei �E�EI�ED APR 13 2010 CITY OF BRfMERTON � WASTEWATER 'tREAl'MENT PLANT Page 1 of 1 Patric Coxon From: M(chelie Trammell [mtrammeil�jcichem.com] Sent Thutsday, Aprii 15, 2010 8:55 AM To: Patric Coxon Cc: James Groh Subject: Bremerton Proposal fo� 12.5� Sodium Hypo & Membrane Caus�tic Soda Importance: High Hello Pat, JQ is happy to quote the following prices for supply and delivery to The City of Bremerton's W'WTP at 160Q Oyster Bay Ave S.: 12.5% Bullc Sodinm Hypochlorite - $0.547/g 50% Membrane Canstic Soda - $1.987'/g � Thank You, JKic�ieCle �!'rammeCC �ffice Manager & Sa1es Coordinator JCI Jones Chemicals, Inc. 1919 Maxine View Drive Tacoma, WA 98422 (253) 274 - 0104/ph (253) 274 - 0733/fax � mtrammellta�icichem.com 4/15/2014 Page 1 of 1 Patric Coxon From: Mary Flynn [maryflynn@hasapool.comj Sen� Thursday, April 08, 2010 2:56 PM � To: Pat�ic Coxon Subject: Hasa Sodium Hypo Quote We are submitting our proposal for bulk delivery of iZ.596 Sodium Hypochlorite,150,000 gallon annual usage at $0.79/ gallon. This is for delivery to City of Bremerton WWTP,1fi00 Oyster Bay Ave S., Bremerton, WA 9831Z. Fi�m for one year from date of ag�eement and includes all transportation. Subject to any applicable state, county or city taxes. Please confirm receipt of bid and send b1d resuits to my attention at address below. Future Sodium Hypochlorite Proposa) requests shauld be sent to my attention instead of to Judy Rogers, Nasa Inc. 34011ndustrial Way, Gate 10, Area 42, Lon�view, WA 98632. Piease let me know if you need any additional information. Thank you for this opportunity to bid. Mary Flynn Vice Presldent - Sales Adminlstration HASA Inc. 231i9 Drayton St. Saugus, CA 91350 Phone: 661-259-5848 Fax: 651-259-1538 Email: maryflynn�hasapool.cam Websfte: www.hasapool.com ��� The contents of this emall message, Including any attachments, are Intended solely for the use of the person or entity to whom the email is addressed. It contains lnformation that may he prtv(teged and restricted from disciosure. If you are nat the intended recipiem of this message, be advlsed that any disseminatton, distributian, or use of the contents of thts message is strictiy prohibited. If you received this emait in error, please contact sender by reply emali. Please aiso permanently delete al! copies of arlgfnal ematl and any attached documentation. Thank you. � I i ' i ' 4/9/2010 ; DATE SUBMTT'TED: May 14, 2010 AGENDA BILL CTTY OF BREMERTON CTTY COUNCIL ..............................................................................,........� � SUBJECT: 2010 - 2013 Pollution Liability Committee Meeting Date: May 26, 2010 Insurance COIJNCIL MEETING Date: June 2, 2010 Department: City Attorney's Office Presenter: Roger Lubovich and Thelma Swem Phone: 473-2345 SUMMARY: The Bremerton Municipal Code authorizes the Risk Management Specialist, with the approval of the City Attorney, to bind property insurance coverage on City assets and requires City Council approval for the continuation of the bound coverage. Pollution Liability insurance coverage for 2010 through 2013 has been bound with Indian Harbor Insurance Company. The premium for the three yeaz term of 2010 through 2013 is $47,297. Coverage is subj ect to a$100,000 self-insured retention per loss. ATTACHMENTS: Insurance Binder FISCAL IMPACTS (lnclude Budgeted Amount): Sufficient funds have been budgeted in the Risk Management Fund for this expenditure for 2010. APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: �' COMMTTTEE CHAIR �fi�.. '� � COUNCIL PRESIDENT: CONSENT AGENDA �, GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the pollution liability insurance policy bound by Indian Harbor Insurance Company for 2010 through 2013. COiJNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action �w� [NSURANCE 505 Eagleview Boulevard PO Box 636 Exton, PA 19341-0636 USA • Phone 800-327-1414 +1 610-458-8667 Confirmation of Coverage(s) Bound If this Fax is undear or if you have any questions or require additional information please contact Robert Clark at Ext. #2871 To: From: Janet Coombs Karen Simcoe for Roberf Clark Company: XL Insurance UniUDivision: � WIlis of Seattle inc. Facilities E-Mait Address: E-Mail Address: Janet.coombs willis.com Robert.Clark I rou .com CC: Fax Replies To: Robert Clark and Ste hanie McCo Binder For: Date: 05/14/10 �� cont�a� r1��st�red and del i vued as a CITY OF BREMERTON surplus lin�� fri�1!'�'t���rance Code of Insured Address: The Stateof Wash ington enactec�, in 1947. It is not 345 6 Street, Bremerton, WA 98337 iss4ed by a company regulated by tfie Washington State tnsurance Eommisioner ar�d is nat proteCted by any Wash(ngton State Guaranty Fuod Law." wiuis o��m�Ef6� 8Y Thank you for your business. Please be advised that we have bound coverage for the above referenced account. This company binds the ldnd(s) of insurance stipulated below, per the quote letter dated 05/13/10: (ILs stated in our quote to you, we requlre alf endorsements with a slgnature line to be retumed to XL Insurance prior to our issuin an ollcies. PEC000932403 Pollution and Remediation Legal 05/16/10-05/16/13 Indian Harbor Insurance Company � Llabill Washin ton O tion #1 on Quote Letter O tion #1 on Quote Letter $47,2g7 N Comments: , ote - XL Environmental will issue new and renewal policies electroniplly to your email Inbox effeCtive 1h12010. Some restridions may apply, �to include NY state, Countersignature and Facultat(ve polides. Please contac! your underwriter if you wish to recefve printed policies by mail. � CONDITIONS: This Company binds the klnd(s) of Insurance stlpulated above. The insurance Is subject to the tertns, conditlons and limitatlons of the pollcy(les) in current use by the Company. My request to amend, add, or modiry tertns and condiUons ar scope of ooverage ot the policy(1es) will not serve to alter the terms and condidons � or scope of coverage unW wrilten adcnowledgement and approval to such request is provided by the Company This binder may be cancelled by the �nsured by surrender of thls b(nder or by written notice to the Company stating when canoellatfon will be effeGfve. This binder may be pncelled by the Company by notice to the Insured in accordanca with the policy conditions. This binder is cancelled � when replaced by a policy. If thts binder Is not replaced by a policy, the Company 1s entitled to charge a premlum for the bfnder a000rding to the � Rules and Rates in use by the Company. ', APPLICABLE IN NEVADA Any person who refuses to accept a binder whicF� provides coverage of less than $1,000,000.00 when proof is required: (A) Shall be fined not more than $500.00 and (8) Is Ilable to the party presenting the binder as proof of Insurance for actual damages sustained there from. The informatlon contained in this facsimile message is privileged and confidential informaGon intended only for the use of the individual and/or entity named above. If the reader of the message is not an Intended recipfent, or the employee or agent responsfble to dellver ii to the intended recipient, you are hereby notfied that any diatribution or copying of this communication is strictly prohibited. If you have received this communicatlon in error, please notify us tmmediatey by telephone and retum the original message to us at the above address by mail. Thank you. DATE SUBMITTED: March 26, 2010 • AGENDA BILL C1TY OF BREMERTON CTTY COUNCII, .......................................................................................� No. 3tl S SUBJECT: Resolution supporting the initial Committee Meeting Date: May 26, 2010 findings of the Bremerton Economic COUNCIL MEETING Date: June 2, 2010 Development Study Department: DCD and Public Works Presenter: Andrea Spencer and Mike Mecham Phone: 473-5283 & 473-5315 SUMMARY: The resolution supports the initial work of the Bremerton Economic Development Study and endorses the Belfair Bypass as the top regional transportation priority and to have WSDOT consider a connection of the Belfair Bypass to both Lake Flora and the SKIA Cross-Connector Roadways. ATTAC�NTS: ATe�e R�solu�'on /Vo � • al/v� �'►'�� � FISCAL IMPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CTTY ATTORNEY: FINANCE DIRECTOR: MAYOR: ��'� COMMITTEE CHAIR - COUNCIL PRESIDENT: CONSENT AGENDA � . GENERAL BUSINESS ❑ , PUBLIC HEARING ❑ �I � RECOMMENDED MOTION: Move to approve Resolution No. 3 116 supporting the initial ', findings of the Bremerton Economic Development Study. COITNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action RESOLUTION NO. 3 I 1$ A RESOLUTION of the City Council of the City of Bremerton, Washington, supporting the initial work of the Bremerton Economic Development Study and endorsing the Belfair Bypass as the top regional transportation priority and consider the connection of the Belfair Bypass to both Lake Flora and the SKIA Cross- Connector Roadways. WHEREAS, the City of Bremerton (City) annexed the most of the urban growth area known as the "South Kitsap Industrial Area" (SKIA) in 2009; and WHEREAS, SKIA is designated in the Puget Sound Regional Council's Vision 2040 Regional Growth Strategy and the City's Comprehensive Plan as a"Manufacturing Industrial Center" and these plans designate this territory as a location of intensive employment and significant job growth over the next 20-years; and WHEREAS, since March 2008 the CiTy has been an active participant in Washington State Department of Transportation's (WSDOT) Bremerton Economic Development Study that analyzes the state highways in the viciniTy of SR 3 from US 101 near Shelton to Loxie Eagans Boulevazd in Bremerton; US 101 from SR 3 near Shelton to SR 102 (Dayton Airport Road); and SR 16 from Sedgwick Road (SR 160) to SR 3 in Gorst; and WHEREAS, WSDOT is studying SR 3, US 101 and SR 16 because they serve growing communities and thirty percent of Kitsap County's workforce relies on these highways to commute to work daily. WHEREAS, the Bremerton Economic Development Study seeks to identify improvement strategies that support the economic objectives within the study area, including SKIA which is bisected by SR 3; and WHEREAS, the full development potential of SKIA will not be reached without sufficient infrastructure to support the growth, which includes adequate transportation facilities; and � WHEREAS, in Apri12010 the City had the opportunity to review the preliminary draft findings of the Bremerton Economic Development Study, which prioritizes the Belfair Bypass as the top regional transportation priority and endorses this proposal as it will support the full build-out potential of SKIA; and WHEREAS, the City wants to ensure that the transportation network: enhances safety by providing an alternative route if Hwy 3 is blocked, facilitates the movement of freight, reduces traffic congestion, and reduces air pollution by reducing stop and go traffic and volume on Highway 3 through Belfair WHEREAS, the City believes that in the development of the draft Bremerton ' Economic Development Study which will be released later this spring that WSDOT carefully consider in its alternatives that the northem terminus of the Belfair Bypass with the goal of having it terminate on Lake Flora Road in close proximity to the terminus of the SKIA cross-connector, with the goal of facilitating freight tr�c in and out of SKIA, which would also serve the regional goal of alleviating tr�c through Gorst by channeling traffic over the Lake Flora Road connection to Highway 16 at Sedgwick; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: � SECTION 1. The City Council supports the initial findings of the Bremerton Economic Development Study, which prioritizes the Belfair Bypass as the top regional transportation priority and encourages the Washington State Department of Transportation's to continue its efforts toward development of this project and consider the connection of the Belfair Bypass to Lake Flora and SKIA Cross-Connector Roadways. SECTION2. Severabilitv. 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. SECTION 3. E ff'ective Date. T'his 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 R:U.egai�Legal�Resolutions�Public Works�2010\ Resolution for Belfair Bypass.doc � //� / / i / / •- i . t i i � Sinclafr Inlet �. � � _ � �a,,,,�`---�-�� � � P O RT ----.._____ . ORCHARD _� , I ,. � ` ^; � , - - I ��-� : � �� ^ i' �� CL/FTON RO i SE SEDGEWICh: R I � SK/A � � � � PHASE 1 � (UNDER CONSTRUCTION) I O Pcrt of BremeRon Bremerton 7 InYI AJrporf � i a � J � , � La ke Fiora Ro � � . � • , ; ��--�"� � i S MULLENIX RD ' � SKiA BELFAIR � � � PHASE 2 � � sK�a uca I � Q O I Q SW LAKE HELENA RD U � Hood Cana! � 2 � q � �e����� � � � � I Port Orchard , Airport � �' � --'�=--,�., � � - . � I I--_.__�____ K/TSAPCO. � � PIERCE C0. — ' — —" — , r� �@ ' I, � r � . a I ��' ' � �1 ' � � � �� ' I / � . 4 I • Henderson Bay / - � � � � , " _._ ' SR3/BELFA/R BYPASS/CROSS SK/A CONNECTOR REGIONAL PROJECTS DATE SUBMTTTED: June 2, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Professional Services Committee Meeting Date: June 2, 2010 Agreement with the Law Offices of Kenneth COUNCIL MEETING Date: June 2, 2010 W. Bagwell for legal services. Department: City Attorney's Office Presenter: Roger A. Lubovich Phone: 473-2345 SUMMARY: Kenneth W. Bagwell is leaving the City's employment and his position will remain vacant. In order to meet the current work load and to work within current budget constraints the City Attorney desires to retain his services through a contract on a limited basis for general municipal representation. The proposed professional services agreement retains Mr. Bagwell's firm from July 2010 through June 2011. ATTACHMENTS: Proposed Professional Services Agreement FISCAL IMPACTS (Include Budgeted Amount): Funds are currently budgeted for 2010 and will be budgeted in the 2011 budget for the City Attorney's Office to fulfill the terms of the contract. Anticipated savings aze $50,000 for budget year 2011. APPROVALS: DEPARTMENT DIRECTOR: - -----. �__..- - . CITY ATTORNEY: - - FINANCE DIRECTOR: MAYOR: � y � - - COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA �[ �� GENERAL BUSINESS ❑ PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and the Law Offices of Kenneth W. Bagwell. and authorize the City Attorney to finalize and execute the agreement with substantially the same terms and conditions as presented COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action PROFESSIONAL SERVICES AGREEMENT � The City of Bremerton ("City") and Law Offices of Kenneth W. Bagwell ("Retained Counsel"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: A. Retained Counsel will represent the City of Bremerton on an as needed basis in matters related to municipal government services as directed by the City Attorney. Retained Counsel's primary role is work on general municipal and transactional work as well as providing support for prosecution. City shall provide the use of City facilities and personnel for administrative support for City related representation. B. It is aclrnowledged by the Parties that the services contemplated herein aze based on Retained Counsel pmviding services equivalent to 50% of a full time employee, however, it is further acknowledged that such is only a benchmark and that Retained counsel may in fact provide less or more services based on the need. It is further acknowledged that any significant deviation from this benchmazk may warrant a renegotiation of terms to the mutual satisfaction of both Parties. II. Term: This Agreement commences on July l, 2010, and terminates on June 30, 2011. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Retained Counsel a fixed retainer for all legal services provided in a total amount not to exceed Six Thousand Two Hundred Fifty Dollars and No Cents ($6,250.00) per month on or before the fifteenth of each month. City shall pay reasonable costs and expenses related to services rendered by Retained Counsel under this Agreement including but not limited to copy fees, postage, phone expenses, court reporter fees, witness fees and mileage for out of county travel. Payment will be made within thirty (30) days of billing. IV. Insurance and Hold Harmless: Retained Counsel shall provide Certificates of Insurance to the City's Risk Manager verifying the following coverage: a professional liability policy ("E&O") providing coverage of One Million Dollars ($1,000,000) for errors and omissions committed by Retained Counsel while perfornung its obligations under this Agreement. The policy shall remain in full force and effect, and provide coverage for the full term of this Agreement. Insurer shall provide the Risk Manager with thirty (30) days' written �notice of any cancellation or change of coverage of the policy. � ' Retained Counsel shall be solely responsible for the acts and failures to act of its personnel, which arise in any way out of performance of this Agreement. Retained Counsel agrees to defend, indemnify, and hold harmless the City and its officials and employees from and against all liability, loss, damages, and expenses, including costs and . attomeys' fees, resulting from actions, claims, and lawsuits arising or alleged to have arisen, in whole or in part, out of or in consequence of the acts or failures to act of Retained Counsel, its employees, its subcontractors, its agents, or its assigns in the performance of this Agreement. The City and Retained Counsel have specifically 1 � negotiated Retained Counsel's waiver of its immunity under Title 51 RCW, which is hereby waived for purposes of Retained Counsel's indemnification and hold harmless of the City, including the duty to defend. This provision shall be inapplicable to the extent such action, claim, or lawsuit is judicially found to arise solely from the acts or failures to act of the City. V. Termination: The Parties agree that this Agreement will continue in full force and effect until terminated. Either party may terminate this Agreement at any time, with or without cause upon 30 days written notice to the other party. VI. General Condinons: A. Reports and Information: When requested by the City Attorney or a Bremerton Assistant Attorney, Retained Counsel shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. B. Entire Agreement: This Agreement constitutes the entire agreement between the Parties, and the Parties acknowledge that there aze no other agreements, written or oral, that have not been set forth in the text of this Agreement. C. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. D. Modification: This Agreement may only be modified by written instrument signed by both Parties. E. Notices: Notices shall be in writing and delivered to the following addresses: CITY: RETAINED COiJNSEL: Roger A. Lubovich, City Attomey Kenneth W. Bagwell City of Bremerton Law Offices of Kenneth W. Bagwell 345 Sixth Street, Suite 600 P.O. Box 786 Bremerton, WA 98337 Bremerton, WA 98337 F. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed a waiver of any other right or power. G. Compliance with Laws: Retained Counsel shall comply with all applicable Federal, State and local laws in performing its obligations under this Agreement. H. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. I. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorneys' fees. , VII. Nondiscrimination: Retained Counsel shall not discriminate in employment or services i to the public on the basis of race, color, national origin, sex, religion, age, marital status, i or disability, except for employment actions based on bona fide occupational qualification. I ! i I i � � 2 i CITY OF BREMERTON LAW OFFICES OF KENNETH W. BAGWELL By: Roger A. Lubovich By: Kenneth W. Bagwell Its: City Attorney Date: Date: APPROVED AS TO FORM: RECENED FOR FILING: Roger A. Lubovich, City Attorney Cazol Etgen, City Clerk R:�I.egalU.egal\Conhacts�L,EGAL�2010 Kenneth W. Bagwell.doc " , 3 DATE SUBMITTED: May 18, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL ■�e�������������������o�r���a�o�����o��a�������������������a�����a����������o�ae�������oa�e� SUBJECT: Approva! of Parking Committee Meeting Date: May 26, 2010 Administration Contract with Diamond COUNCIL MEETING Date: June 2, 2010 Parking, LLC Department: Financial Services Presente�: Carol Etgen, City Clerk Phone: 473-5323 SURAMARY: The City advertised a Request for Proposa( for City-wide parking enforcement services on April 5, 2010. Two firms responded by the April 29' deadline. The scope of services outlined in the RFP included city-wide on-street enforcement with the emphasis on the downtown core and the residential 1, 2-Hr and permit-only zones surrounding PSNS with a minimum of �59 patrol hours per �� month and 104 patrol hours dedicated to off-street enforcement that encompassed the City's 4thlWashington parking garage and the three City-owned lots on Park Avenue. The City received two proposals, one from Republic Parking NW, Inc. and the other from Diamond Parking Services, LLC. Both firms are established and highly recommended throughout the Puget Sound region. The evaluation team is recommending that the City contract with Diamond Parking Services, LLC for city- wide parking enforcement services for a term of three years. Their recommendation is based upon Diamond's ability and history to perForm most effectively the specific scope of services for the price of 49�85 per month. (9,1 t3 ATTACHMENTS: Council Summary, Proposals, Contract �Iq, �i3 $� 5'� FISCAL IMPACTS {Include Budgeted Amount): $19,'�85 per month — a$�88 total budget increase for the remainder of 2010 APPROVALS: DEPARTMENT DIRECTOR: � `�� � CITY ATTORNEY: FINANCE DIRECTOR: MAYQR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ❑ —J GENERAL BUSINESS �, PUBUC HEARING ❑ , RECOMMENDED MOTION: Move to approve the parking enforcement services contract with Diamond Parking, 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 A�tion P � � COUNCIL SUNDMARY There are currently two parlan,g enforcement contracts; one for the Harborside Parkiug Garage which expires at the end of this yeaz and the other general city-wide parki�g services contract, which expired at the end of 2009. The current contractor, Diamond Pazlang Services, LLC (Diamond), agreed to an extension of services for the general contract through June, 2010, in order for a Request for Proposal (RFP) to be issued at Council's request. 'I�vo proposals were received from Diamond and Republic Parl�ng Northwest. Members of the RFP Review Committee included Council Member Jim McDonald, Court Administrator Theresa Ewi.ng, Traffic Engineer Larry Matel, Lieutenant Pete Fisher and City Clerk Carol Etgen. The Committee reviewed the selection criteria and agreed the total weight of the criteria was overwhelmingly in Diamond's favor even after consideriug the slight price differenrial. The Committee unanimously agreed to recommend awarding the contract to Diamond Parking. Court Administrator Ewing expressed a desire to work with Diamond in the future to chan,ge the citation equipment they use, but stated the Court has been sarisfied overall with their performance. Lt. Fisher stated the Police Department is very satisfied with the worldng relationship they have with Diamond. As the City's parl�ng contract administrator, I am also very pleased with my worki�g relarionship as well as Diamond's responsiveness. Diamond is very aware of the unique parldng challenges our residents and businesses deal with on a daily basis. Diamond regularly brir�gs issues to staff to address in order to mediate potenrial problems in the field as they come across them. They have seamlessly taken over the residenrial permit program and work with numerous parking contracts executed with local businesses and individuals at our garages. Diamond's staff is familiar with and works independently on the many festivals and downtown events to ensure the streets are cleared when needed and parl�ng is available for those events in the City's lots and garages. As you know, the City is currently reviewi.n,g downtown parl�ng and plans to conduct a city-wide parldng policy review in the future, and any changes in law and/or policies by Council will be acted upon by the parkin,g contractor. PROFESSIONAL SERVICES AGREEMENT DIAMOND PARKING SERVICES, LLC The City of Bremerton ("City") and Diamond Parking Services, LLC. ("Diamond" or "Contractor"), referred to collectively as the "Parties," enter into the following Agreement for professional services: _ I. Scope: Diamond agrees to perform the services more specifically described in the Scope , of Work, dated July 1, 2010, including any attachments thereto , attached hereto as Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII.G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Diamond further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The term of this agreement shall commence on July 1, 2010 and continue for a period of three and one-half (3 1/2) years, expiring on December 31, 2013. III. Compensation: In consideration of the services proyided pursuant to this Agreement, the City shall pay Diamond in an amount not to exceed _$19,113 monthly for the duration of the contract. The City shall make monthly payments on or before the 15�' of each month for the services provided. Diamond shall not be compensated for work beyond the Scope of Work unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. IV. Relationship of Parties: Diamond represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Diamond and its personnel are independent contractors and not employees of the City. Diamond and its personnel have no authority to bind the City or to control the City's employees and other contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-contractors of Diamond. Diamond will be solely and entirely responsible for its acts and for the acts of Diamond's agents, employees, representatives and sub-contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, Diamond is responsible for its own management. The � f City s administration and enforcement of this Agreement shall not be deemed an exercise o managerial control over Diamond or its personnel. As an independent contractor, Diamond is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the',City have been Diamond Parking Contract 07-01-10 Page 1 of 13 declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Diamond. V. Indemnification: Diamond shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the negligent or otherwise deficient performance of this Agreement, except for that portion of the injuries and damages caused by the City's sole negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE 1NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. VI. Insurance: Diamond shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, employees, and/or sub-contractors. Before beginning work on the project described in this Agreement, the Contractor shall provide a Certificate of Insurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single ' limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no j less than $1,000,000 combined single limit per occurrence and general aggregate for � personal injury, bodily injury and property damage. Coverage shall include but not be i limited to: blanket contractual; products/completed operations/broad form property ; damage; and employer's liability; and � 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and i aggregate. j Any payment of deductible or self insured retention shall be the sole responsibility of the � Diamond. ' � Diamond Parking Contract � 07-01-10 ' Page 2 of 13 i i � i j All required policies shall be provided on an"occurrence" basis except professional liability insurance (if required), which may be provided on a"claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Contractor and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Contractor'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 Contractor'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. VII. General Conditions: A. Renorts and Information: When requested by the City, Contractor shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Contractor shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts - B. Ownership of Work Product: All data, materials, reports, memoranda, and any other documents developed under this agreement whether complete or not shall become the property of the City, and shall be forwarded to the City as requested by the City. The City agrees that if it uses products forwarded by Diamond for purposes other than those intended by this agreement, it does so at its own risk and agrees to hold Diamond harmless therefrom. C. Ownershin and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Contractor in connection with the services performed by the Contractor under this Agreement will be safeguarded by the Contractor to at least the same extent as the Contractor safeguards like information relating to its own business. If such information is publicly available or is already in Contractor's possession or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear no responsibility for its disclosure, inadvertent or otherwise. Diamond Parking Contract 07-01-10 Page 3 of 13 � All data, documents and files created by Contractor under this Agreement may be stored at Contractor's office in Bremerton, Washington. Contractor shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Contractor pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. D. Work Performed at Contractor's Risk: Contractor shall take alI precautions necessary and shall be responsible for the safety of its employees, agents, and sub-contractors in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor 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. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. F. Severabilitv: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1 st class mai1, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. Copv To: Citv Address Contractor Address Citv Mana�er City Clerk Jon Diamond Diamond Parking 345 6�` St, Ste 600 605 First Avenue, Suite 600 PO Box 809 Bremerton Seattle Bremerton WA 98337 WA 98104-2224 WA 98337 I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. Diamond Parking Contract 07-01-10 Page 4 of 13 J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Diamond shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attornevs' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Diamond shall not assign any interest in this agreement without the prior written consent by the City, which shall not be unreasonably withheld. Any assignment of this agreement by the Contractor without the written consent of the City shall be void; provided, however, that claims for payment under this agreement may be assigned. VIII. Nondiscrimination: Contractor 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 for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, may be terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience, at will, by either party upon sixty (60) days notice. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non-performing Party does not commence correction of the failure of performance within thirly (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Contractor shall include a report showing the status of all items listed in the Scope of Work current through the termination date. Ri�hts Upon Termination: In the event of termination, the City shall pay for all services satisfactorily performed by Diamond to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Contractor's possession pertaining to this contract which may be used by the City without restriction. Any such use not related to the project which Contractor was contracted to perform shall be without liability or legal exposure to the Contractor. Diamond Parking Contract 07-01-10 Page 5 of 13 CITY OF BREMERTON CONTRACTOR By: By: its: its: Date: � Date: Approved as to form: Attest: Bremerton City Attorney City Clerk Diamond Parking Contract 07-01-10 Page 6 of 13 I I ATTACHMENT "A" - Scope of Work I. General Provisions A. Vehicles: Contractor is responsible for supplying its transportation requirements including a minimum of three regulatory vehicles used in the performance of on-street enforcement duties. 1. All vehicles used by Contractor in its performance of this Agreement shall: a. Be clearly identified as performing parking enforcement; b. Be operated at all times in compliance with all state and local motor vehicle laws; c. Have a prominent sign on the rear of the vehicle warning of frequent stops. 2. Foot and bike enforcement may be used by Contractor personnel in the Downtown Core (defined by all blocks south of 6th Street, east of Park Avenue and west of Washington Ave) in lieu of vehicles. B. Personnel and Staffing 1. Contractor will maintain staffed office hours Monday through Friday from 7:30 a.m. to 6:00 p.m. 2. Contractor will staff on/off street parking regulation and maintain enforcement hours pursuant to the following: a. On Street Enforcement — Patrolled with a minimum of 473 hours? monthly as follows: i. Emphasis hours to be performed during peak parking and collection demand times in concert with City direction. ii. Minimum of two weekday early shifts beginning at 4:00 a.m. per month. iii. Minimum of two weekday late shifts ending after 8:00 p.m. per month. iv. Minimum of three hours per weekend for collections and patrols. b. Off Street Enforcement — Patrolled with a minimum 104 hours monthly as follows: i. Enforcement of each off street parking location every day including a minimum of two (2) checks per day that include one before noon and one after 3:30 p.m. ii. Enforcement at a minimum of three hours per each weekend day. iii. Enforcement at a minimum of four hours per weekday. Diamond Parking Contract Scope of Services — Attachment A Page 7 of 13 3. Contractor shall be responsible for all aspects of recruitment and selection of parking enforcement personnel. 4. Limited Commission -- Contractor shall provide the City of Bremerton Police Department with all personnel information required to investigate and issue a Limited Commission. The City shall review all information regarding a prospective enforcement employee prior to authorization of issuance of a Limited Commission. The City shall have the right, in its sole discretion, to refuse to issue a Limited Commission. 5. Contractor shall provide all enforcement personnel with professional appearing uniforms consisting of shirts, trousers and jackets. Uniform jackets and shirts shall have attached patches on the sleeves with an emblem designating the wearer as official parking enforcement personnel. Uniform design must be approved by the City. All enforcement personnel must carry photo identification and a copy of their commission while on duty. All personnel are to be in complete uniforms at any time they are engaged in enforcement duties, or appearing in court in matters relating to their employment. 6. Contractor shall be responsible for assuring employee compliance with all laws and regulations, compliance for all employment related laws and regulations, responding to inspections /audits by regulatory agencies and the City, and will pay any fines or assessments levied by regulatory agencies. C. Communications 1. All enforcement personnel shall have ready access to their supervisor and to the Bremerton Police Department. 2. Contractor shall maintain an Office in Bremerton and shall maintain a twenty four (24) hour telephone number accessible by the City. During patrol and parking enforcement hours, a Contractor supervisor will be on call within a 30 minute response time. After office hours the Contractor supervisor shall be accessible by cell phone. D. Training 1. Contractor shall be responsible for complete training of parking enforcement personnel. Training shall include, but not be limited to: a. Customer Service and expectations; b. Dealing with difficult people; Conflict Management and dispute resolution; c. Civil rights law and procedures; Municipal code and ordinances relating to parking enforcement; d. Giving testimony and courtroom procedures; e. Job procedures and emergency protocol; f. Job safety as required by OSHA/WISHA; and g. Public Safety. Diamond Pazking Contract Scope of Services — Attachment A Page 8 of 13 E. Residential Parking Permit Program 1. Contractor shall issue residential parking permits as outlined in the Bremerton Municipal Code Title 10.10. 2. Contractor shall assume responsibility for updating and maintaining the Residential Parking Permit Program database. An electronic backup copy of the permit program database shall be provided to the City Clerk's office on disk for security and auditing purposes on a monthly basis. 3. Contractor shall be responsible for ordering residential parking permit supplies and for the residential parking permit renewal process. The City shall reimburse the Contractor for supplemental supplies and expenses such as permits, envelopes, postage and labor costs associated with the bulk renewal process. The City retains the right to use City staff for the bulk renewal process if it is determined it would be more cost effective. The Contractor will be responsible for all other expenses associated with the administration of the Residential Parking Permit Program. 4. Contractor shall obtain written permission of the City of Bremerton before modifying any forms or procedures used for the administration of the Residential Parking Permit Program. 5. Contractor shall refer any unresolved complaints regarding the Contractor's decisions or actions pertaining to the parking permit program to the City Clerk's office for follow-up. 6. Contractor shall be responsible for maintaining the Residential Parking Permit Program records in accordance with the State of Washington Records Retention Schedule. Records will be turned over to the City for archiving when no longer needed for Contractor's reference purposes. F. Record Keeping and Reports 1. All revenue collections, deposits and reporting procedures shall be in accordance with City of Bremerton Financial Services requirements. All parking revenue shall be directly deposited into a designated City of Bremerton account at a minimum on a daily basis per parking facility location. 2. Contractor will be responsible for all employment related record keeping and, upon request by the City, shall provide personnel and training information for each employee. a. Each Contractor Enforcement Officer shall maintain a daily log book of conversations, complaints and unusual circumstances that occur while performing work duties. The log book shall be kept current and up to date at the end of each shift. 3. Inspection: Contractor shall keep all records related to this contract including, but not limited to the records listed above for at least six years following expiration or termination of this agreement, or deliver the Diamond Pazking Contract Scope of Services — Attachment A Page 9 of 13 records to the City. Contractor shall keep all records in its regular business and shall keep the records in an orderly manner as may be directed by the City to assure easy access and reference to the records and shall make all records available for inspection and copying by the City during business hours. 4. Reports -- The City requires that the enforcement personnel follow pre- . approved patrol routes. Contractor will be responsible for proposing patrol routes and schedules, and the method (reports) by which the City Project Manager will be kept informed. The City requires assurance that coverage is adequate, fair, regular and consistent. The City may make additions or deletions to the following list of required reports at its discretion. The following is the minimum requirement for reports that shall be prepared by Contractor and transmitted to the City: a. Monthly summary of activities showing total work hours, patrol and non - patrol; customer service hours; and records of court time. b. Monthly summary of ticket activity including the number of tickets by infraction type, by street area, and a list of voided tickets with an explanation as to why the tickets were voided. This report shall be provided to the Municipal Court. c. Written reports on all complaint phone calls or on street complaints to officers on Duty. Upon request, written complaint logs, including the names of the parties involved, telephone numbers and addresses (if known) the nature of the complaint, and action taken, shall be available for inspection by the City. d. Monthly reports containing the above data shall be furnished to the City no later than the 20 of each month for the preceding month. G. Court Appearance — Contractor's employees shall appear in Municipal Court promptly and be prepared to testify or suit an affidavit when required in parking related cases. The City will provide training and support, at the City's discretion, related to Municipal Court cases. H. Special Event Support - Contractor shall coordinate special parking needs for on/off street enforcement with the City to accommodate special events including staffing, placard preparation, and special opening and closing of the 4 Garage. II.On-Street Parking Enforcement A. Enforcement Duties: Services to be provided shall include, but are not limited to: Diamond Parking Contract Scope of Services — Attachment A Page 10 of 13 1. Regulation of on street parking including but not limited to the downtown core (approximately 270 stalls) and residential parking 1 and 2 hour zones that include approximately eleven (11) blocks north of PSNS and six blocks west of PSNS, as well as areas identified through complaints, referrals or random patrols. 2. Issue Notices of Infraction for violations of parking ordinances when and where appropriate. 3. Prepare affidavits and reports for parking infractions, violations, and incidents. 4. Perform parking surveys required for Residential Parking Permit applications. S. Post zone status change notices. 6. Enforce all parking ordinances as contained in the Bremerton Municipal Code, Title 10, as amended and State law. B. Citation Issuance: Contractor shall: 1. Pick up handheld computers at the Municipal Court office. Submit - handheld computers to the Municipal Court office at specified times for uploading and downloading of daily citation activity. 2. Be responsible for Handhelds that are damaged due to negligent or deficient care or loss. City retains ownership of Handhelds. 3. Provide written requests for declaration of nuisance vehicles. 4. Notify Municipal Court if not available for court appearances. 5. Provide affidavits as required by the Municipal Court or the City. C. Junk and Abandoned Vehicles 1. Enforce abandoned vehicle procedures in accordance with State and local laws, including, but not limited to: a. Receiving complaints of abandoned vehicles; b. Checking registration to ascertain if vehicle has been reported as stolen; c. Determine whether vehicle is operable; d. Attempt to contact registered owner; e. Notify registered owner of pending impoundment; f. Impound vehicle; 2. Facilitate Junk vehicle procedures on private property in accordance with State and local laws, including but not limited�to: a. Receiving complaints regarding junk vehicles; b. Visit property as directed and based on statutory definitions, determine if the vehicle is declarable as "junk." If declared as junk: i. Identify the registered owner of the vehicle; ii. Provide property owner with Junk Vehicle Verification, Notification and AfFidavit. Diamond Pazking Contract Scope of Services — Attachment A Page I 1 of 13 III. Paid Parking Enforcement A. Scope of Services 1. Duties — Paid Parking. Contractor shall manage, operate and promote City owned parking facilities and on-street pay box parking. Parking facilities are located in the downtown area of the City as follows: a. 507 Park Avenue — 18 stalls; b. 4th and Washington Avenue Garage — 314 stalls; c. 300 Park Avenue — 64 stalls ; d. 301 Park Avenue — 48 stalls; and e. pay boxes throughout the downtown core — 85 stalls B. Responsibilities - Contractor shall: 1. Pay all direct operating costs of operating the above listed facilities including, but not limited to labor, supervision, bookkeeping, permit and citation supplies and implementing and supporting the citation collection process. 2. Provide pay boxes for customer self-parking at centralized locations within each off-street parking facility. 3. Post City approved parking rates and regulations on all off-street parking facilities. 4. Collect all on-street and off-street pay box revenues and deposit in City designated accounts on a daily basis. . 5. Keep parking facilities open and available for parking 24 hours per day, seven days per week unless otherwise directed and approved by the City. 6. Inspect all parking facilities as necessary and prudent to ensure that all parking has been paid, that all parking regulations are followed, and that the facilities are reasonably safe and clean. Inspections and collections will be conducted seven (7) days per week. Checking schedules will be based on usage patterns and approved by the City. 7. Market parking facilities to ensure their maximum utilization. 8. Be responsible for rudimentary maintenance of the parking facilities, including, but not limited to: a. General Cleanliness of all off-street parking facilities; b. Immediately notify the City of any condition in need of repair or remediation; c. Notify the City of landscaping maintenance needed for any City- owned lots; d. Keeping all drains clear of debris; e. Reporting all acts of vandalism and all irregularities and nuisances occurring in City parking facilities to City Police and City Clerk. � Diamond Parking ConVact Scope of Services — Attachment A Page l2 of 13 IV.Services Not Provided In the event that the Contractor does not provide all requested services included in this RFP, the institution will submit as part of its proposal additional partners/ providers who do provide these services. It is the sole responsibility of the Contractor to secure and maintain the relationship with any additional providers. The Contractor, at the time of proposal submittal will identify all secondary providers. Diamond Pazking Contract Scope of Services — Attachment A Page 13 of 13 ' � Diamond Parkin = Ex enditure-versus Revenue Re o ' Throu h 12/31/2009 Revenues: % of Total Revenue Residential Parking $ 1,430.00 0.11% Pz arking Infraction"s '� �. =,� :, '; -., : :-: .. .` : =., �$ , .399;274.09.' ,, , 30:89% 4th and Washington Street Garage $ 101,436.48 7.85°� On-Street Parking (Daily) $ 139,859.98 10.82% Off-Street Parking (Daily) $ 256,394.28 19.84% Harborside Garage $ 385,843.88 29.85% Contracted Parking $ 8 361.06 0.65% TOTAL REVENUES $ 1,292,599.T7 (excluding interest and other miscellaneous) Total Revenues excluding infractions: $ 893,325.68 Diamond Contract Harborside $ 54,822.12 14.21% of collected revenue for Harborside Diamond Contract Other $ 220,740.00 24.34% of collected revenue excluding Harborside TOTAL CONTRACT EXPENSE 2,56 . 2 % of total revenue - Diamond Cost: �� 21.32°a % of total revenue excludin infractions: 30.85% � � � � Estimated Costs for Ci -run Enforcement Services . � ` 3.25 FTE's for On-Street Enforcement @$3,000 per month ($17 per hour) $ 108,000.00 Benefits (35% of salaries) $ 37,800 00 2.5 FTE's for Off-Street Enforcement �$3,000 per month ($17 per hour) $ 90,000.00 Benefits (35% of salaries) $ 31 500 00 Supervisor �$4000 per month ($23 per hour) $ 48,000.00 Benefits (35% of salaries) $ 16 800 00 Call-TakedCustomer Service Rep @$3,000 per month ($17 per hour) $ 36,000.00 Benefits (35% of salaries) $ 12 600 00 Total Salanes 8 Benefits: $ 380,700.00 3 Scooters �$27,000 each (one time purchase) $ 81,000.00 Scooter Maintenance Yearly $3000 each (x3) $ 9,000.00 Gasoline $480 per month $ 5,760.00 Tickets (Annually) $ 1,200.00 Ticket Envelopes (Annually) $ 2,150 00 Total Supplies/Maintenance Items $ 100,310.00 GRAND TOTAL ESTIMATED COSTS FOR CITY-RUN PARKING ENFORCEMENT PROGRAM 87,0 .00 Sawn s to C� w� Diamon arlun Contract 205,447.88 Eauipment: Purchase/Maintenance of all Pay Boxes for All Off-Street Locations Tickets/Permits/Ribbons/Batteries Uniforms Signage Painting Requirement for holidays/weekend work for special events � _' �.-� Diamond Parkin - Ex enditure versus:Revenue Re ort � � 2010 w/2009 Revenues 2010 Costs Revenues: % of Total Revenue Residential Parking $ 1,430.00 0.11 °k �Park ni g Infractions �"~ .�.�,�` •:';;°,:.' ; �$ � ��399;27,4:09� '" '30_89% 4th and Washington Street Garage $ 101,436.48 7.85% On-Street Parking (Daily) $ 139,859.98 10.82% Off-Street Parking (Daily) $ 256,394.28 19.84% Harborside Garage $ 385�843.88 29.85% Contracted Parking $ 8,361.06 0.65% TOTAL REVENUES $1,292�599.77 (excluding interest and other miscellaneous) Total Revenues excluding infractions: $ 893,325.68 Diamond Contract Harborside $ 54,822.12 14.21°/a of collected revenue for Harborside Diamond Contract Other $ 237,420.00 26.189�0 of collected revenue excluding , Harborside TOTAL CONTRACT EXPENSE 292,2 2. 2 % of total revenue - Diamond Cost: 22.61° % of total revenue exGudin infractions: 32.71% Estimated Costs for Ci -run Enforcement Services- ' �' � 3.25 FTE's for On-Street Enforcement �$3,000 per month ($17 per hour) $ 108,000.00 Benefits (35% of salaries) $ 37 800 00 2.5 FTE's for Off-Street Enforcement @$3,000 per month ($17 per hour) $ 90,000.00 Benefits (35% of salaries) $ 31 500 00 Supervisor @$4000 per month ($23 per hour) $ 48,000.00 Benefits (35% of salaries) $ 16,800 00 Call-Taker/Customer Service Rep @$3,000 per month ($17 per hour) $ 36,000.00 Benefits (35% of salaries) $ 12,600 00 Total Salanes 8 Benefits: $ 380,700.00 3 Scooters @$27,000 each (one time purchase) $ 81,000.00 Scooter Maintenance Yearly $3000 each (x3) $ 9,000.00 Gasoline $480 per month $ 5,760.00 Tickets (Annually) $ 1,200.00 Ticket Envelopes (Annually) $ 2,150 00 Total SupplieslMamtenance Items $ � 100, 31p.pp GRAND TOTAL ESTIMATED COSTS FOR C�TY-RUN PARKING ENFORCEMENT PROGRAM 48 ,010. 0 Savin s to Ci with Diamond Parkin Contract 188,767.88 Ea iument: PurchaselMaintenance of all Pay Boxes for All Off-Street Locations Tickets/Permits/Ribbons/Batteries Uniforms Signage Painting Requirement for holidays/weekend work for special events 2009/2010 Revenue Comparison Report through May 24, 2010 Fund 105 - Parkin S stem Revenue 2010 2009 Account Revenue Revenue Difference % Residential Parkin Passes 100.00 180.00 80.00 -44.44% Parkin Infractions 136 434.22 154 223.17 17 788.95 -11.53% Investment Interest 566.08 597.23 31.15 -5.22% Interest on Receivables 7 689.77 4 791.59 2 898.18 60.48% 4th and Washin ton Gara e 25 309.60 $ 54 430.29 29 120.69 -53.50% On-Street Parkin $ 56 826.93 53 386.98 $3 439.95 6.44% . Off-Street Parkin 108 117.79 $ 98 483.70 9 634.09 9.78% Conference Center $ 137 319.61 148 917.24 11 597.63 -7.79% Contracted Parkin 321.22 432.33 111.11 -25.70% Jud ements and Settlements 25.00 275.54 250.54 -90.93% Other Misc. Revenues $ 6.85 40.00 33.15 -82.88% Total 472 074.63 514 893.41 $42 818.78 -8.32% DATE SUBMITTED: May 19, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Contract Award for Committee Meeting Date: May 26, 2010 Construction of Lions Pazk Renovation to COUNCIL MEETING Date: June 2, 2010 Stan Palmer Construction, Inc. Department: Parks Department Presenter: Wyn Birkenthal .�'� 3-5 "7�,Z. Phone: 473-5288 SUMMARY: Sealed bids for construction of the project titled "Lions Park Renovation" were opened on May 18, 2010. The engineer's estimate for this project is $1,284,760.50. Three bids were received for this project. Stan Palmer Construction was the lowest responsive, responsible bidder with a bid of $1,252,060.00 (including sales tax). ATTACHMENTS: 1.) Bid Tabulation FISCAL IMPACTS (Include Budgeted Amount): Construction of this project is funded by $1,550,000.00 of grant funding and $300,000 in Council approved city matching funds. APPROVALS: � DEPARTMENT DIRECTOR: CITY ATTORNEY: � FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ❑ � GENERAL BUSINESS � PUBLIC HEARING ❑ RECOMMENDED MOTION: Move to award a contract in the amount of $1,252,060.00 (including sales tax) with Stan Palmer Construction, Inc. for construction of the project titled "Lions Park Renovation" and authorize the Mayor to finalize and execute the necessary documents for construction. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action GITY OF BREMERTON BID TARULATlQN BfD TITLE: �' n� �� � �,C �� � � ��� � �,� aPENED BY: � � QATE 4PENED: �l�j � � TIME OPENEQ: 1 ��1 REC�RDED BY: �� �G�� NAME OfF sIDDER BOND ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 ITEM 6 SALES TOTAL TAX ._ � .E r/ � �� � �- � � �r � bg � ,— ✓ 0 � �'� . _�-_. SUNIMARY TOTAL BID CO�AENTS f � APPARENT LOW BIDDER GINEER ESTIMATE (INC SMLES TAX) $ TG'i �C✓ � . � S'� � Gt,.�" SECOND LOW BID�ER �1�7'Gv4✓ `' r�+iRn Low Bin�R � S . CONTRACT DOCUMENTS and CONTRACT BOND FORMS WILL BE PROVIDED TO THE SUCCESSFUL BIDDER ONLY City of Bremerton Lio»s Park Renovation LD-11 Apri12010 CONTRACT CITY OF BREMERTON, KTTSAP COUNTY, WASHIl�TGTON THIS AGREEMENT, made and entered into this day of , 20_, between the City of Bremerton under and by virtue of Title 35 RCW (cities) as amended, and Stan Palmer Construction, Inc. hereinafter called the Contractor. WITNESSETH: That in consideration of the terms and conditions contained herein and attached and made a part of this agreement, the parties hereto covenant and agree as follows: I. The Contractor shall do all work and fumish all tools, materials and equipment for the Lions Park Renovation, in accordance with and as described in the attached Plans and Specifications, and the 2008 Standard Specifications of the Washington State Department of Transportation which are by this reference incorporated herein and made part hereof and shall perform any changes in the work in accord with the Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor, of any sort whatsoever that may be required for the transfer of materials and for constructing and completing the work provided for in these Contract Documents except those items mentioned therein to be furnished by the City of Bremerton. II. The City of Bremerton hereby contracts with Contractor and Contractor hereby agrees , to provide the materials and to do and cause to be done the above described work and to complete and finish the same in accord with the attached Plans and Specifications and the terms and conditions herein contained and hereby Contracts to pay for the same according to the attached specifications and the schedule of unit or itemized prices at the time and in the manner and upon the conditions provided for in this Contract. III. The Contractor is and shall be at all times acting as an independent contra.ctor 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 industrial 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, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and subcontractors. N. The Contractor for himselflherself, and for his/her heirs, executors, administrators, successors, assigns, does hereby agee to the full performance of all the covenants herein contained upon the part of the Contractor. V. It is further provided that no liability shall attach to the City of Bremerton by reason of entering into this Contract, except as provided herein. City of Bremerton Lions Park Renovation LD-12 April 2010 , , VI. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal cost and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages solely caused by the City's negligence. The City's inspection or acceptance of any of Contractor's work when compieted 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 Contractor and the City, its officials, employees, agents and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THIS INDEMNIFICATION CONSTTUTES TI� CONTRACTOR'S WANER OF IMMUIVITY UNDER INDUSTRIAL INSURANCE TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS IlVDEMNIFICATION. TI� PART'IES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WANER. The provisions of this section shall survive the expira.tion of termination of this agreement. IN WITNE5S WI�REOF, the Contractor has executed this instrument, on the day and year first below written and the Local Agency Approving Authority has caused this instrument to be executed by and in the name of said City of Bremerton the day and year fust above written. Executed by the Contractor this day of 20 Contractor Executed by the Local Agency this day of , 20 . City of Bremerton Approving Authority (SEAL) City of Bremerton Attorney Crty of Bremerton Lions Park Renovation LD-13 Apri1201 D t � CONTRACT BOND CITY OF BREMERTON, KITSAP COUNTY, WASHINGTON KNOW ALL MEN BY Tf�SE PRESENTS: That , of , as Principal, and , as Surety, are jointly and severally held and bound unto THE CITY OF BREMERTON, the penal sum of Dollars ($ ), for the payment of which we jointly and severally bind ourselves, or heirs, executors, administrators, and assigns, and successors and assigns, firmly by these presents. The condition of this bond is such that WHEREAS, on the day of , A.D., 20 , the said , Principal herein, executed a certain Contract with the City of Bremerton, by the terms, conditions and provisions of which Contract the said , Principal herewith, agrees to furnish all materials and do certain work, to-wit: That the said Principal herein will undertake and complete the following described work• � the County of Kitsap, Washington, as per maps, plans and specifications made a part of said Contract, which Contract as so executed, is hereunto attached, and is now referred to and by this reference is incorporated herein and made a part hereof as full for all purposes as if here set forth at length. NOW TI�REFORE, if the Principal herein shall faithfully and truly observe and comply with the terms, condirions and provisions of said Contract, in all respects and shall well and truly and fully do and perform all matters and things by the said Principal undertaken to be performed under said Contract, upon the terms proposed therein, and within the time prescribed therein, and until the same is accepted, and shall pay all laborers, mechanics, subcontractors and materialmen, and all persons who shall supply such Contractor or subcontractor with provisions and supplies for the cazrying on of such work, and shall in all � respects faithfully perform said Contract according to law, then this obligation to be void, otherwise to remain in full force and effect. WITNESS our hands this day of , 20_ Principal Surety Company By: By: By: Attorney-in-fact APPROVED AS TO FORM this day of , 20 Address of local office and agent of Surety Company: City of Bremerton Attorney City of Bremerton Lions Park Renovation LD-14 Apri12010 City of Bremerton 5/26/2010 BID TABULATION for LIONS PARK ENHANCEMENT: 251 Le , , . En ineer's Estimate Stan Palmer Titan Earthwork Beisle , Inc. ITEM � NO. DESCRIPTION UNIT UANTITY UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST SCNEDULE A- FUNDING BY UOE PREPARATION ' I MOBILIZATION L.S. I 40,845.00 40,845.00 55,000.00 55,000.00 66,000.00 G6,000.00 49,050.00 49,050.00 2 CLEARINGANDGRUBBING ACRE 3 I,SOO.UO 4,500.00 5,000.00 I5,000.00 S,UOU.00 IS,U00.00 4,905.00 14,715.00 3 REMOVAL OF STRUCTURES AND OBSTRUCTION L.S. 1 I,000.00 I,U00.00 50,000.00 50,000.00 8,000.00 8,000.00 19,620.00 19,620.OU 4 REMOVE CEMENT CONC. CURB AND GUTTER L.F. 70 10.00 700.00 5.00 350.00 5.00 350.00 21.80 1,526.00 5 REMOVE CEMENT CONCRETE SIDEWALK S.Y. 31 10.00 310.00 8.U0 248.00 25.90 802.90 49.05 1.520.55 CRADING 6 ROADWAY EXCAVATION C.Y. 767 7.00 5,369.00 20.00 15,340.00 6.00 4,602.00 25.07 19,228.69 7 EMBANKMENT COMPACTION C.Y. 2,294 3.U0 6,882.00 2.00 4,588.00 2.30 5,276.20 26.16 60,011.04 8 1/2" - 2 I/2" CLEAN CRUSHED GRAVEL TON 4,698 20.00 93,960.00 22.00 103,356.00 21.75 102,181.50 23.98 1 12,658.04 9 GRAVEL BORROW INCL. HAUL TON 1,027 I5.00 15,405.00 25.00 25,675.00 29.05 29,834.35 26.16 26,866.32 STORM SEWER 10 CATCH BASIN TYPE 1 EACH I I,500.00 I,500.00 800.00 800.00 1,100.00 I,100.00 1,635.00 1,635.00 11 CATCH BASIN TYPE 1L EACH 2 1,700.00 3,400.00 I,000.00 2,0OO.OU 1,100.00 2,200.00 2,943.00 5,886.00 12 SOLID WALL PVC STORM SEWER PIPE 12" DIAM. L.F. 30 55.00 1,650.00 30.00 900.00 31.50 945.00 43.60 1,308.00 13 UNDERDRAIN PIPE 8"DIAM. L.F. I,500 I5.00 22,500.00 12.00 IA,000.00 10.00 I5,000.00 22.89 34,335.00 14 UNDERDRAIN PIPE 4" DIAM. L.F. 1,600 12.00 19,200.00 10.00 16,000.00 8.35 13,360.00 18.53 29,648.00 IS CONNECTION TO DRAINAGE STRUCTURE EACH 1 I,500.00 1,500.00 500.00 500.00 800.00 800.00 872.00 872.00 l6 REMOVE EXIST. CATCHBASlN EACH 3 300.00 900.00 200.00 600.00 450.00 1,350.00 436.00 I,308.00 17 STRUCTURE EXCAVATION CLASS B INCL. HAUL STORM) C.Y. 75 25.00 1,875.00 15.00 1,125.00 5.00 375.00 30.52 2,289.00 18 CHANNEL EXCAVATION INCL. HAUL BIORETENTION CELL C.Y. 810 10.00 8,100.00 10.00 8,100.00 5.00 4,050.00 27.25 22,072.50 i 19 PLUG EXISTING PIPE EACH 3 400.00 1,200.00 100.00 300.00 320.00 960.00 218.00 654.00 SURFACING � 20 CRUSHED SUFACING TOP COURSE TON 293 ' 30.00 8,790.00 26.00 7,618.00 16.50 4,834.50 32.70 9,581.10 21 3/8" - 3/4" CLEAN CRUSHED GRAVEL TON 289 30.00 8,670.00 30.00 8,670.00 21.75 6,285.75 28.34 8,190.26 ASPHALT CONCRETE PAVEMENT �j^ LJ11A A !''I 1 /7�� D/'_ �A 77 � � �e 23 PERVIOUS ASPHALT TON 580 I50.00 87,000.00 95.00 55,100.00 90.00 52,200.00 122.08 70,806.40 EROSION CONTROL AND PLANTIIYC 24 AMENDED SOIL - BIORETENTION AREA C.Y. 430 28.00 12,040.00 36.00 15,480.00 33.50 14,405.00 43.60 18.748.00 25 AMENDED SOIL - TOPSOIL AT LAWN AREAS 4" South end, 2" North end C.Y. 1,789 30.00 53,670.00 30.00 53,670.00 29.25 52,328.25 43.60 78,000.40 26 BARK MULCH C.Y. 516 25.00 12,900.00 35.00 18,060.00 35.00 18,060.00 35.97 18.560.52 27 SEEDED LAWN INSTALLATION ACRE 5 I,500.00 7,500.00 2,700.00 13,500.00 4,800.00 24,000.00 2,943.00 14,715.00 � C11 T�A� 1�� �-F ; y-�y t'f:tltl y � IAII CT DD/1TC/`TIlIAI � �. �� �{.� � TDGC DD/1TC!`TI/lAI CCAI/'`IAt/' Lit!`LI �/IC�Oti ITV � � �� ���e cnornv-rrrv� � � o V I C. . �,�, CTDCCT!`I CAAIIAI!_ �� }� � ��� 31 TESC PLAN L.S. 1 4,000.00 4,000.00 100.00 100.00 6,500.00 6,500.00 2,725.00 2.725.00 TRAFFIC 32 CEMENT CONC. CURB AND GUTTER TYPE A L.F. 6U 25.00 I,500.00 20.00 1,200.00 19.00 1,140.00 29.73 1,783.80 33 PAINT LINE L.F. 882 0.75 661.50 1.00 882.00 1.00 882.00 1.74 1,534.68 34 PRECAST WHEEL STOP EACH 21 ,. ISO.OU 3,150.00 66.00 1,386.00 70.00 1,470.00 109.00 2,289.00 35 PERMANENT SIGNING L.S. I 3.500.00 3,500.00 4,000.00 4,000.00 4,000.00 4,000.00 4,360.00 4,360.00 36 RELOCATE PARKING LOT LIGHTS L.S. I� 7,000.00 7,000.00 10,000.00 10,000.00 10,700.00 10,700.00 3,815.00 3,815.00 37 SPEED HUMP L.S. I 3,500.00 3,500.00 320.00 320.00 3,000.00 3,000.00 2,180.00 2.180.00 37 CEMENT CONC. CURB TYPE C2 L.F. 1,582 I5.00 23,730.()0 17.00 26,894.00 17.40 27,526.80 29.43 46,558.26 38 CEMENT CONC. CURB AND GUTTER, TYPE B L.F. 8b ' 25.00 2,150.00 20.00 1,720.00 22.90 1,969.40 29.43 2.530.98 OTHER ITEM19S 39 PERVIOUS ASPHALT WALKWAY S.Y. 3,656 12.00 43,872.00 15.00 54,840.00 14.95 54,657.20 16.35 59.775.60 �0 CEMENTCONC. SIDEWALK S.Y. 30 59.00 1,770.00 32.00 960.00 54.00 1,620.00 126.40 3,792.00 1 of 2 �,ny vi crernerwn BID TABULATION for LIONS PARK ENHANCEMENT: 251 Lebo Blvd., Bremerton, WA. 98337 - En ineer's Estimate Stan Palmer Titan Earthwork Beisle Inc. ITEM NO. DESCRiPT10N UNIT UANTITY UNIT COST TOTAL COST UN�T COST TOTAL COST UNIT COST TOTAL COST UNIT COST TOTAL COST 41 CEMENTCONC. SIDEWALK RAMPTYPE 1 EACH 2 1,000.00 2,00(1.()0 800.00 1,600.00 890.00 1,780.00 4,740.00 9,480.00 42 GRASSCRETE ACCESS S.Y. 220 100.00 22,000.00 55.00 12,100.00 48.85 10,747.00 94.80 20,856.00 43 ADJUST CATCHBASIN EACH 1 SU0.00 500.00 150.00 150.00 540.00 540.00 436.00 436.00 44 ADJUST MANHOLE EACH 1 600.00 600.00 150.00 150.00 540.00 540.00 708.50 708.50 45 LARGE CENTRAL RESTROOM FOUNDATION L.S. I 7,000.00 7,OOU.00 7,000.00 7 000.00 33,000.00 33,000.00 6 540.00 6,540.00 4G LARGE CENTRAL RESTROOM L.S. 1 192,565.00 192 565.00 190,000.00 190,000.00 198,000.00 198,000.00 202,326.89 202,326.89 47 SANITARY SEWER SERVICE L.S. I 5,000.00 5,000.00 12,000.00 12,000.00 6,600.00 6,600.00 27,250.00 27,250.00 48 RELOCATE EXIST. WETWELL/DRYWELL GRINDER PUMP STATION L.S. 1 3,000.00 3,000.00 4,500.00 4,500.00 3,500.00 3,500.00 3,815.00 3,815.00 49 WATER SERVICE L.S. 1 7,OOU.00 7,000.00 17,000.00 17 000.00 11,000.00 11,000.00 8,270.92 8,270.92 50 MINOR CHANGES EST. 1 1.00 I.00 0.00 0.00 1.00 1.00 16 350.00 16,350.00 51 SPCC PLAN L.S. 1 2,500.00 2,500.00 100.00 100.00 500.00 500.00 2,725.00 2,725.00 SCHEDULE B- FUNDING BY RCO 1 CEMENT CONC. BAND AT SECONDARY PLAY AREA L.F. 149 18.00 2,682.00 32.00 4 768.00 33.90 5,051.10 29.43 4,385.07 2 PLAYGROUND ADA RAMP EACH 1 1 000.00 1,000.00 500.00 500.00 900.00 900.00 1,635.00 1 635.00 3 4" CEMENT CONC. PADS FOR PICNIC TABLES, 9' DIAM. EACH 6 200.00 1,200.00 500.00 3,000.00 550.00 3,300.00 599.50 3 597.00 4 P[CNIC SHELTER SLAB AND FOUNDATION L.S. 1 5 000.00 5 000.00 4,500.00 4,500.00 16,000.00 16,000.00 4,708.80 4 708.80 5 SMALL RESTROOM FOUNDATION L.S. 1 5 000.00 5,000.00 5,000.00 5,000.00 10,000.00 10,000.00 3 052.00 3,052.00 6 WETWELUDRYWELL CRINDER PUMP STATION L.S. 1 6,000.00 6 000.00 6,000.00 6 000.00 5 700.00 5,700.00 6,104.00 6,104.00 7 DRINKING FOUNTAINS EACH 2 3 960.00 7 920.00 3 500.00 7,000.00 5,550.00 11,100.00 3 270.00 6,540.00 8 ELECTRICAL L.S. 1 20,000.00 20 000.00 26,000.00 26,000.00 17,500.00 17,500.00 49 050.00 49,050.00 9 SMALL RESTROOM L.S. 1 ]06,471.00 106,471.00 94,000.00 94,000.00 98 000.00 98 000.00 99,299.00 99 299.00 , 10 FIXED BOLLARDS EACN I 700.00 700.00 500.00 500.00 700.00 700.00 763.00 763.00 I i REMOVABLE BOLLARDS EACH 2 700.00 1,400.00 700.00 1,400.00 1,000.00 2 000.00 1,308.00 2,616.00 12 ZIPLINE POSTS EACH 3 2,500.00 7500.00 1,000.00 3,000.00 2,800.00 8,400.00 1,962.00 5,886.00 SCHEDULE C FUNDING BY CITY I 20' TALL SAFETY NETTING L.S. 1 3 200 3 200.00 10,000.00 10,000.00 9,780.00 9,780.00 52,865.00 52,865.00 � 2 26' T;4LL METAL POSTS EACH 19 3 135 59 565.00 " 1,000.00 19 000.00 1 075.00 20 425.00 872.00 16 568.00 3 MAINTENANCE GATES EACH 2 1 75U 3 500.00 600.00 1,200.00 600.00 1 200.00 3,488.00 6 976.00 4 BASKETBALL COURT CEMENT CONC. PAD & HOOP INSTALLATION L.S. I 9 000 9 000.00 12 000.00 12 000.00 20 000.00 20 000.00 70,850.00 70 850.00 BASE BID TOTAL ' $1,002,723.50 $1,034,750.00 $1,054,029.95 $1,388,802.32 ALTERNATE BID � A1 CEMENT CONC. BAND AT PLAY AREAS L.F. 642 , 18.00 11 556.00 32.00 20,544.00 24.50 15,729.00 29.43 18,894.06 A2 PLAYGROUND ADA RAMP EACH 3 1,000.00 3,000.00 500.00 1 500.00 1,425.00 4,275.00 1,635.00 4 905.00 A3 SURFACING AT PLAY AREA - 3/8" - 3/4" CLEAN CRUSHED GRAVEL 3708 SF TON 34 � 30.00 1 020.00 SU.00 1 700.00 38.00 1,292.00 29.43 1,000.62 A4 PERVIOUS ASPHALT AT PLAY AREA 3708 SF S.Y. 412 � 12.00 4 944.00 18A0 7 416.00 18.00 7,416.00 18.53 7 634.36 AS IRRIGATION L.S. i } 150 OUO I50 000.00 80 000.00 80,000.00 81,000.00 81,000.00 92,650.00 92,650.00 A6 BALLFIELD FENCING - COLORED L.S. I 83,477 83,477.OU 80,000.00 80 000.00 60,000.00 60 000.00 103,114.00 103,114.00 A7 A 4" CEMENT CONC. PADS FOR TRASH RECEPTACLES - 2.5' X 2.5' EACH 18 80.00 1,440.00 100.00 1,800.00 200.00 3,600.00 218.00 3,924.00 A7 B 4" CEM ENT CONC. PADS FOR BENCHES - 8'X3.5' EACH I S 30U.00 4 500.00 200.00 3,000.00 350.00 5,250.00 381.50 5 722.50 A7 C 4" CEMENT CONC. PADS FOR BENCHES - I 1'X3.5' EACH 15 3UO.OU 4 500.00 250.00 3,750.00 350.00 5 250.00 545.00 8,175.00 A8 ASPHALT PAVEMENT AT ENTRANCE - HMA CL. I/2" PG 64-22 TON 17G 100A0 17,60U.00 100.00 17 600.00 90.00 IS,R40.00 I 17.72 20,718.72 ALTERNATE BID TOTAL 282,037.00 $217,310.00 $199,652.00 $266,738.26 BASE BID + ALTERNATE BID $1,284,760.50 $1,252,060.00 $1,253,881.95 $1,655,540.58 2of2 DATE SUBMITTED: Apri128 , 2010 � AGENDA BILL A CITY OF BREMERTON CITY COUNCIL .......................................................................................� P �,b ►� c . Nea�ri v� SUBJECT: Local Sohcitation 20I0 Justice Committee Meeting Date: May 26, 2010 Assistance Grant Application COUNCIL MEETING Date: June 2, 2010 Department: Police . Presenter: Chief Rogers Phone: 473-5224 SUMMARY: The Bremerton Police Department is applying for the local solicitaxion Edwazd Byrne Memorial Justice Assistance Grant (JAG) that will allow the City of Bremerton to sustain the Community Resource Unit and its crime prevention function with part-time staffing. Without this grant, the Community Resource Specialist position will be eliminated through reduction in-force (RIF). The grant will help us sustain our enhanced policing initiative on a part-time basis in years 2010 and 2011. The grant is from the Department of Justice. No matching funds are required of the City. The total grant amount is $S 1,155.00. The grant duration is through September 2011. ATTAC�IlVIENTS: None FISCAL IMPACTS (Include Budgeted Amount): None. The JAG funding is a revenue source for $51,155.00. It will provide dollars for preserving sta.ffing levels. APPROVALS: � j ,. DEPARTMENT DIRECTOR: ' CITY ATTORNEY: -- FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS 0 PUBLIC HEARING X RECOMMENDED MOTION: Move to approve the 2010 Justice Assistance Grant Application. COiJNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action S DATE SUBMITTED: May 17, 2010 AGENDA BILL CITY OF BREMERTON CITY COUNCIL .......................................................................................� SUBJECT: Public Hearing on an Ord nan e�� Meeting Date: May 26, 2010 amending Title 18 of the BMC adopting the COiJNCIL MEETING Date: June 2, 2010 2009 changes to the International Fire Code. Department: Fire Presenter: Chief A1 Duke Phone: 473-5386 SUMMARY: The proposed Ordinance amends the Bremerton Municipal Code to reflect the updates provided for in the 2009 International Fire Code, adopts several provisions of the International Residential Code and makes other housekeeping amendments to reference the International Fire Code. ATTACHMENTS: Proposed Ordinance /Vo, 5//! FISCAL IMPACTS (Include Budgeted Amount): APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: FINANCE DIRECTOR: MAYOR: COMMITTEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance No. '�,S��a- amending Title 18 of the BMC adopting the 2009 changes to the International Fire Code. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action ORDINANCE NO. AN ORDINANCE of , the City Council of the City of Bremerton, Washington, amending Title 18 of the Bremerton Municipal Code to adopt the 2009 edition of the International Fire Code, as amended by the Washington State Building Code Council in ' Chapter 51-54 of the Washington Administrative Code ("WAC"); and adopt Appendices to the 2009 International Residential Code and to make other housekeeping amendments. WHEREAS, the City adopted the sta.te International Fire Code as Title 18 of the Bremerton Municipal Code; and WHEREAS, the International Fire Code has been updated with the publication of the 2009 International Fire Code; and . WHEREAS, changes are needed to Title 18 of the Bremerton Municipal Code to reflect the changes to the International Fire Code by the 2009 amendments; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 18.02 of the Bremerton Municipal Code, entitled "City Fire Code" is hereby amended to read as follows: Chapter 18.02 CITY FIRE CODE 18.02.010 PURPOSE. The purpose of the City Fire Code is to prescribe regulations consistent with nationally recognized good practice for safeguarding to a reasonable degree of protection the life and property of our citizens from the hazards of fire and explosion arising from the stora.ge, handling and use of hazardous substances, materials and devices, and from conditions hazardous to life or property in the use or occupancy of buildings or premises. It is understood the Fire Code and its referenced documents are to provide a framework for the Fire and Life Safety requirements to protect the citizens and emergency responders from the predictable situations the codes regulate. Therefore under no circumstance shall any space, occupancy or other location be allowed to be occupied or otherwise utilized, weather temporarily or permanent, without the Fire Code officials written authorization. 18.02.020 FIRE CODE — ADOPTED. In accordance with Chapter 19.27 RCW, the International Fire Code, 2009Edition, published by the International Code Council, Inc., together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council pursuant to Chapter 51-54 of the Washington Administrative Code ("WAC"), and International Fire Code, 2009 Edition, Appendices B, C, D, H, J and as further amended in this chapter, is hereby adopted and incorporated by this reference. One (1) copy of the International Fire Code is on file with the City's Fire Code Official. 18.02.030 CODE CONFLICTS. To the extent allowed by RCW 19.27.040, if a conflict exists between the provisions of the International Fire Code adopted and amended by the Washington State Building Code Council and the provisions of this chapter, the Bremerton Municipal Code provisions shall govern. 18.02.040 AMENDMENTS TO THE IFC — ADNIINISTRATION. (a) General Authority and Responsibilities — Retained Authority. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new Subsection 104.1.1: • Sec. 104.1.1 Retained authority — Additional conditions. The fire code official retains the authority to impose additional conditions where the official determines it necessary to mitigate identified fire protection impacts. These conditions may include, by way of example and without limitation, increased setbacks, use of fire retardant materials, installation of standpipes, smoke and heat vents, draft curtains, smoke control, fire sprinkler and fire alarm systems, including temporary provisions and without limitation such as fire watch, fire department standby, blocking of roads and additional fire safety inspections. (b) General Authority and Responsibilities — Lot Lines and Setback Lines. Section 104 of the International Fire Code, entitled "General Authority and Responsibilities," is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the fire code official to administer and enforce the fire code, the fire code official shall have no duty to verify or establish lot lines or setback lines. No such duty is created by this code and none shall be implied. (c) Permits — Fees. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsection 105.1.4: Sec. 105.1.4 Fees. The fire code official shall prepare a resolution establishing a schedule of fees, if any, for council consideration, which fees shall include the cost involved in the processing, issuance, and renewal of pernuts and certificates. Any fee schedule adopted by resolution shall govern the fee amount to be assessed for any permit or certificate and the fire code official shall collect those fees as a condition to issuance or renewal of any permit or certificate. Failure to pay for either an original permit or the required renewal within 30 days of the date notice is given, sha11 result in the City's ternunation of the permit or certificate application. (d) Permits — Term. Section 105 of the International Fire Code, entitled "Permits," is amended by adding the following new Subsections 105.1.4 and 105.3.6.1: Sec. 105.1.4 Term. Permits and certificates issued in accordance with this code sha11 be valid for a 12 month period and are renewable at the end of that 12 month term. Sec. 105.3.6.1 Unsafe Situations: Actions taken outside of the guidelines contained within any permit required by section 105 of the IFC shall be deemed unsafe and shall entitle the fire code official to immediately have all utilities including but not limited to: Electricity, water, sewer and gas shut off or otherwise disconnected from the site. Utilities shall not be restored without the conditions of all required permit(s) resolved. (e) Board of Appeals. Section 108 of the International Fire Code, entitled "Board of appeals," is amended by substituting Section 108 with the following: Sec. 108 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the fire code official relative to the suitability of alternate materials, designs, and methods of construction and appeals of the reasonable application and interpretation of the building and fire codes. Appeals shall be made as set forth in section 18.02.190 of the Bremerton Municipal Code. ( fl Violation Penalties. Section 109 of the International Fire Code, entitled "Violations," is amended by substituting Subsection 109.3 with the following: Sec. 109.3 Violation penalties. Any person, company or corporation who violates a provision of this code or fails to comply with any of its requirements or who erects, constructs, alters, or repairs a building or structure or building system in violation of (a) the approved construction documents, (b) a directive of the fire code official, or (c) a pernut or certificate issued under the provisions of this code, or operates without such permit, shall be subject to penalties as set forth in section 18.02.180 of the Bremerton Municipal Code or as otherwise provided by law. (g) General Definitions. Section 202 of the International Fire Code is amended to add the following general definitions: APWA is the American Public Works Association. AWWA is the American Water Works Association. OCCUPANCY CLASSIFICATION RESIDENTIAL GROUP R: R-2 shall also include Townhomes/Rowhouses. PRIVATE HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes with restrictions as to use. PUBLIC HYDRANT is a fire hydrant situated and maintained to provide water for firefighting purposes without restrictions as to use for that purpose and is accessible for immediate use at all times. REMODEL is the building or buildings in question will have more than 50% of the gross square footage of fire area structurally remodeled, improved and/or otherwise reconditioned or, two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but are not limited to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, Structural members. Exceptions. Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind, are not considered structural remodels. 18.02.050 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 311, VACANT PREMISES. The following local amendments to Section 311 of the International Fire Code, entitled "Fire Protection," aze adopted and incorporated into the International Fire Code: (a) Vacant Premises — Fire Protection Systems. Section 311 of the International Fire Code, entitled "Vacant Premises," is amended by substituting Subsection 311.2.2 with the following: Sec. 311.2.2 Fire protection. Fire alarm, sprinkler, and standpipe systems shall be maintained in an operable condition at all times. Egception: If, in the opinion of the fire code official, the premises (a) has been cleared of all combustible materials and debris, (b) is of the type of construction with sufficient fire separation distance so as to not create a fire hazard, (c) has been secwed to prohibit entry by unauthorized persons, and (d) has buildings that will not be heated, potentially exposing fire protection systems to freezing temperatures, then the fire code official may allow fire alarm and sprinkler systems to be placed out of service and may allow standpipes to be maintained as dry systems (without an automatic water supply). 18.02.055 AMENDMENTS TO THE INTERNATIONAL FIRE CODE- CHAPTER 4, EMERGENCY PREPAREDNESS The following local amendments to Chapter 4 of the International Fire Code, entitled "Emergency Planning and Preparedness" are hereby adopted. Sec. 401.9 Hardwired Telephones. All occupancies with hardwired telephones, new and existing, when 911 is dialed shall correctly report the address of the actual location dialed from. 18.02.060 AMENDMENTS TO THE INTERNATIONAL FIRE CODE — CHAPTER 5, FIRE SERVICE FEATURES. The following local amendments to Chapter 5 of the International Fire Code, entitled "Fire Service Features," are adopted and incorporated into the International Fire Code: (a) Fire Service Features — Fire Apparatus Access Roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is hereby adopted. (b) Fire Apparatus Access Roads — Dimensions. Section 503 of the International Fire , Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.1 with the following: Sec. 503.2.1 Dimensions. The following minimum dimensions shall apply for fire apparatus access roads: 1. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm), except for approved security gates in accordance with section 5.3.6 and Appendix D 103.5, and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 2. In the immediate vicinity of any building or portion thereof in excess of 28 feet in height, the fire apparatus access road shall have an unobstructed width of not less than 26 feet (7924 mm) and an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm). 3. At least one of the required fire apparatus access roads shall be located a minimum of 15 feet and a maximum of 25 feet from each building on the premises and shall be positioned parallel to one entire side of each building. The measurement for this requirement shall be taken from the exterior wall of the building to the nearest edge of the fire appazatus access road. (c) Fire Apparatus Access Roads — Bridges and Elevated Surfaces. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by substituting Subsection 503.2.6 with the following: � Sec. 503.2.6 Bridges and elevated surfaces. Where a bridge or an elevated surface is part of a fire apparatus access road or likely to be used during emergency operations, including EMS, the bridge or elevated surface shall be constructed and maintained in accordance with specifications established by the fire code official and the City's public works director, or their designees; at a minimum, however, the bridge or elevated surface shall be constructed and maintained in accordance with AASHTO Standard Specifications for Highway Bridges. Bridges and elevated surfaces shall be designed for a live load sufficient to carry the imposed loads of a 35 or more ton fire apparatus, the total imposed load to be determined by the fire code official. Vehicle load limits shall be posted at both entrances to bridges when required by the fire code official. Where elevated surfaces designed for emergency vehicle use are adjacent to surfaces which are not designed for that use, approved barriers or approved signs, or both, shall be installed and maintained, if required by the fire code official. ` (d) Fire Appara.tus Access Roads — Marking. Section 503 of the International Fire Code, entitled "Fire Appazatus Access Roads," is amended by substituting Subsection 503.3 with the following: Sec. 503.3 Marking. Fire apparatus access roads shall be marked whenever necessary to maintain the unobstructed minimum required width of roadways. Subject to the fire code official's prior written approval, marked fire apparatus access roads, or "fire lanes" as defined in section 5.2.1 of the code, may be established or relocated at the time of plan review, pre-construction site inspection, and/or post construction site inspection as well as any time during the life of the occupancy. Only those fire apparatus access roads established by the fire code official can utilize red marking paint and the term "fire lane." Once a fire lane is established it shall be maintained in a clean and legible condition at all times or repair/replaced to maintain visibility. Fire lanes shall be marked as directed by the fire code official with one or more of the following types of marking: 503.3.1 Type 1. The following shall apply to Type 1 marking: l. Curbs shall be identified by red traffic paint with a 6 inch wide stripe on the top and front, extending the length of the designated fire lane. 2. Rolled curbs shall be identified by red tr�c paint with a 6 inch wide stripe on the curb, extending the length of the designated fire lane. 3. Lanes without curbs shall be identified by red tr�c paint with a 6 inch wide stripe on the pavement, extending the length of the designated fire lane. 4. The words "NO PARKING — FIRE LANE" shall be in 3 inch stroke white letters 18 inches in height, and placed 8 inches measured perpendicular from the red paint stripe on the pavement. In most cases, both sides of the access road sha11 be marked. Where long drives are to be marked, the repetitions sha11 alternate sides of the drive. 503.3.2 Type 2. The following shall apply to Type 2 marking: 1. In addition to the requirements for Type 1 marking, Type 2 marking shall also include the addition of inetal signs sta.ting "NO PARKING — FIRE LANE" to be installed at intervals or locations designated by the fire code official. The signs shall be approximately 12 � inches in width and 18 inches in height and ha.ve red letters on a white background. Metal signs shall be installed on either 2 inch metal pipes, for private property, or treated 4 inch by 4 inch wood posts, for public property, and shall be located so that the bottom of the sign is a�nimum of 7 feet above the curb. Where fire lanes are adjacent to buildings or structures and when approved or directed by the fire code official, the signs may be placed on the face of the building or structure. 503.3.3 Type 3. The following shall apply to Type 3 marking: � 1. Where directed by the fire code official, specific� areas shall be designated and those areas are to be marked with diagonal striping across the width of the fire lane. Diagonal marking shall be used in conjunction with painted curbs and/or edge striping and sha11 run at an angle of 30 to 60 degrees from one side to the other. These diagonal lines sha11 be in red traffic paint, parallel with each other, at least 6 inches in width, and 24 inches apart. Lettering sha11 occur as with Type 1 marking. 503.3.4 Street or Road Signs. Street or road signs shall be provided for all private and public roads. All private street and road signs shall be designed and installed to meet public road sign standards as set by the City of Bremerton Street Department; any expense shall be the responsibility of the property owner. New street and road signs shall be posted within 30 days after receiving approval from the City of Bremerton Engineering Department. 503.3.5 Alternate materials and methods. The fire code official may modify, on a case-by-case basis, any of the marking provisions in this subsection 503.3 where practical difficulties exist. Modification requests shall be submitted in writing to the fire code official setting forth a suggested alternative. (e) Fire Apparatus Access Roads. Section 503 of the International Fire Code, entitled "Fire Apparatus Access Roads," is amended by adding the following new Subsection 503.7: Sec. 503.7 Residential Driveway/Private Road Access and Sprinkler . Requirements. In the event the number of R division 3 or U occupancies exceeds two, the maacimum number allowed off a driveway/private road will be 9 if a residential fire sprinkler system is installed in each new structure. (� Access to Building Openings and Roofs — Required Access. Section 504 of the International Fire Code, entitled "Access to Building Openings and Roofs," is amended by substituting Subsection 504.1 with the following: Sec. 504.1 Required access. The following points of access must be provided: 1. E�erior doors and openings required by this code or the International Building Code sha11 be maintained readily accessible for emergency access by the fire department. 2. Each tenant space provided with a secondary exit to the exterior or exit corridor shall be provided with tenant identification by business name and/or address. Letters and numbers shall be posted on the corridor/exterior side of the door, be plainly legible, and shall contrast with their background. 3. An approved access walkway shall be provided to connect fire appara.tus access roads to exterior openings. 4. All rescue windows sha11 be accessible by a 35-foot ground extension ladder placed so that the inclination of the ladder does not exceed 70 degrees. An area of discharge, 36 inches in all directions around the base of the ladder, shall be provided. Ladders and associated areas of discharge shall be located within the property lines. 5. All occupancies shall be required to provide approved life safety rescue access, as defined in section 902 of this code. 6. The provisions of this subsection sha11 apply if the building or buildings in question will have more than 50% of the gross square foota.ge of the fire area structurally remodeled, improved or otherwise reconditioned and/or two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but are not limited to: water, sewer, storm, or other plumbing, electrical, HVAC, founda.tion, and structural members. Exceptions: l. Group U occupancies. 2. Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind, are not considered structural remodels. (g) Premises Identification. Section 505 of the International Fire Code, entitled "Premises Identification," is amended by adding the following new Subsection 505.1.1: Sec. 505.1.1 Address numbers for Commercial Buildings. Address numbers for commercial buildings shall be 12" and contrast with the background. Individual unitlsuite or space numbers or letter shall be 6" in size and contrasting with the background and visible from the approach side or angle. Housing developments which contain 100 or more dwelling units which alley ways are or may be used for access to dwelling units shall have 4" minimum house numbers including street designation included. The street designation may be a smaller size, but no less than 2" in size. Example: 1234 Washin on Ave (h) Fire Protection Water Supplies — Existing Non-conforming Hydrants. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended to add a new Subsection 507.1.1 as follows: Sec. 507.1.1 Egisting non-conforming hydrants. At such time as an existing hydrant, which does not conform to the requirements and standards of this section, is replaced, it shall be replaced with a hydrant that does conform to the standards and requirements of this section. (i) Fire Protection Water Supplies — Where Required. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substituting Subsection 507.5.1 with the following: Sec. 507.5.1 Where required. All buildings or structures sha11 be located so that there is at least 1 hydrant within 150 feet, and no portion of the building or structure is more than 300 feet from a hydrant, as measured by an approved route. Exceptions: 1. For Group R-3 and Group U occupancies the distance required shall be 600 feet (183 m). 2. For buildings equipped throughout with an approved automatic sprinkler system installed in accordance with ' section 903:3.1.1 or 9033.1.2, the distance requirement shall be 600 feet (183 m). (j) Fire Protection Water Supplies — Installation Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by substiiuting Subsection 507.5.7 with the following: Sec. 507.5.7 Installation requirements. All fire hydrants sha11 be installed in accordance with the specifications established by the fire code official or his or her designee, or at a minimum, in accordance with the currently adopted NFPA, APWA, or AWWA standards. In addition, unless modified by written decision of the fire code official, the following requirements shall apply to a11 building construction projects: l. All fire hydrant piping, valves, and related appurtenances sha11 be approved by the City's public works department. 2. The fire hydrant installation and its attendant water system connection shall conform to the City's specifications and design and construction standards. 3. An auxiliary gate valve sha11 be installed at the main line tee to permit the repair and replacement of the hydrant without disruption of water service. 4. All hydrants sha11 be plumb, plus or minus 3 degrees, to be set to finished grade with the bottom flange 2 inches above the ground or curb grade and have no less than 36 inches in diameter of clear area around the hydrant for the clearance of hydrant wrenches on both outlets and the operating nut. 5. The largest port shall face the most likely direction of approach and location of the fire apparatus while pumping as determined by the fire code official. Distance from the pumper port to the street curb shall be no further than 10 feet. 6. The lead from the service main to the hydrant sha11 be no less than 6 inches in diameter. Any hydrant leads over 50 feet in length from the water main to hydrant shall be no less than 8 inches in diameter. 7. All hydrants installed in single family residential areas shall be supplied by not less than 6 inch mains and sha11 be capable of delivering 1,000 gpm fire flow over and above average m�imum demands at the farthest point of the installation except with fire code official approval and the home is installed with a fire sprinkler system in accordance with this code. 8. All hydrants shall have at least 5 inch minimum valve openings, "O" ring stem seal, two 2-1/2 inch national standard thread hose ports, one 4-1/2 inch steamer port with national standard threads or otherwise determined by the fire code ofFicial. In addition, all hydrants shall meet AWWA standards for public hydrants and be of a type approved for use in the City by the City's public works department. In addition, all hydrants shall be equipped with a 5 inch Storz adapter on the steamer port and, when required by the fire code official, locking Stor-z caps. 9. All pipe sha11 meet the City standards as determined by the public works department. Piping located entirely within private property and ' maintained by the property owner shall meet the requirements and be approved by the fire code official. The fire code official may approve any piping material that has been tested and approved by a nationally recognized testing laboratory. 10. The m�imum distance between hydrants in single family use district zones shall be 600 feet. 11. The maximum distance between hydrants in commercial, industrial, and apartment (including duplex) use zones shall be 300 feet. 12. Lateral spacing of hydrants shall be predicated on hydrants being located at street intersections. 13. The appropriate water authority and the fire department shall be notified in writing of the anticipated date the hydrant installation and its attendant water connection system will be available for use. 14. All hydrants sha11 meet City of Bremerton Hydrant Identification standards as established by the fire code official. (k) Fire Protection Water Supplies — Notification. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.6 as follows: Sec. 507.6 Notification. The owner of property on which private hydrants aze located and the public agencies that own or control public hydrants must provide the fire code official with the following written service notifications: Sec. 507.6.1 In-service notification. The fire code official shall be notified when any newly installed hydrant or main is placed into service. Sec. 507.6.2 Out-of-service notification. Where any hydrant is out of service or has not yet been placed in service, the hydrant shall be identified as being out of service and shall be appropriately marked as out of service, by a method approved by the fire code official. (1) Fire Protection Water Supplies — Dead-End Mains Prohibited. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.7 as follows: Sec.507.7 Dead-end mains prohibited. When appropriate, all water mains in any project sha11 be looped. (m) Fire Protection Water Supplies — Building Permit Requirements. Section 507 of the International Fire Code, entitled "Fire Protection Water Supplies," is amended by adding a new Subsection 507.8 as follows: Sec. 507.8 Building permit requirements. No building permit shall be issued until all plans required by this section have been submitted and approved in accordance with the provisions of this section. No construction beyond the foundation shall be allowed until all hydrants and mains required by this section are in place and approved. (n) Fire Department Access to Equipment — Identification. Section 509 of the International Fire Code, entitled "Fire Department Access to Equipment," is amended by substituting Subsection 509.1 with the following: Sec. 509.1 Identification. T'he following identification requirements shall apply to access to equipment. 1. Fire protection equipment and fire hydrants shall be clearly , identified in an approved manner to prevent parking and/or other obstructions. 2. Entrances to rooms containing controls for air-conditioning systems, sprinkler risers and valves, or other fire detection, suppression, or control elements shall be identified for the use of the fire departrnent. 3. Approved signs are required to identify fire protection equipment and equipment location. Signs shall be constructed of durable materials, permanently installed, and readily visible. 4. All fire department connections shall have a sign approved by the fire code official. The sign shall specify the type of water-based fire protection system it serves and the building areas served. 5. All main control valves and sectional valves for water-based fire protection systems shall have a sign specifying what the valves control. 6. All sprinklers and standpipe risers sha11 have signs to indicate which type of water-based fire protection system is being used. 18.02.070 AMENDMENTS TO THE INTERNATIONAL FIRE CODE — SECTION 901, GENERAL. The following local amendments to Section 901 of the International Fire Code, entitled "General," are adopted and incorporated into the International Fire Code: (a) Fire Protection Systems — Scope. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.1 with the following: Sec. 901.1 Scope. The provisions of this chapter shall apply to all occupancies and buildings, shall specify where fire protection systems are required, and shall apply to the design, installation, inspection, operation, testing, and maintenance of all fire protection systems; � however, nothing contained in this chapter sha11 diminish or reduce the requirements of any duly adopted building codes, including state and local amendments, or other City ordinances, resolutions, or regulations. In the event of any conflict in requirements among these codes, ordinances, resolutions, or regulations, the more stringent provision shall apply. (b) Fire Protection Systems — Alterations, Repairs, and Additions. Section 901 of the International Fire Code, entitled "Genera.l," is amended by adding a new Subsection 901.1.1 as follows: Sec. 901.1.1 Alterations, repairs, and additions. The provisions of this subsection shall apply if, the building or buildings in question will have more than 50% of the gross square footage of fire azea structurally remodeled, improved and/or otherwise reconditioned or, two or more major building systems improved or otherwise reconditioned within any 60 month time period. Major building systems include but aze not limited to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, and Structural members. Additions to an existing structure sha11 be considered new construction and subject to the provisions of this section. If additions to an existing structure cause a building to meet the area, number of floor levels, or units that would subject a new building to the requirements of this section, the entire building will then be required to comply with this section. Exceptions. Maintenance, energy conservation and cosmetic improvements which do not require a permit of any kind, are not considered structural remodels. (c) Buildings Vacant for One (1) Year or More. Section 901 of the International Fire Code, entitled, "General," is amended by adding a new Subsection 901.1.2 as follows: Sec. 901.1.2 Buildings Vacant for one year or more. Buildings, structures or significant portions thereof vacant for one year or more shall be brought up to current code regarding fire protection systems, prior to issuing occupancy. (d) Fire Protection Systems — Standards. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.6.1 and Table 901.6.1 with the ' following: Sec. 901.6.1 Standards. Fire protection systems shall be reviewed, installed, inspected, tested, and maintained in accordance with the National Fire Protection Association ("NFPA") standards listed in Table 901.6.1 below. Table 901.6.1 FIRE PROTECTION SYSTEM MAINTENANCE STANDARDS SYSTEM STANDARD Carbon dioxide fire-extinguishing systems NFPA 12 Clean agent fire-extinguishing systems NFPA 2001 Dry chemical fire-extinguishing systems NFPA 17 Emergency power systems NFPA 110 & NFPA 111 Fire alarm systems NFPA 72 Fire doors NFPA 80 Foam fire-extinguishing systems NFPA 11 Halogenated fire-extinguishing systems NFPA 12A Smoke-control systems NFPA 92A Underground fire lines and hydrants NFPA 25 Water-based fire protection systems NFPA 25 Water-mist systems NFPA 750 Wet chemical fire-extinguishing systems NFPA 17A (e) Fire Protection Systems — Records. Section 901 of the International Fire Code, entitled "General," is amended by substituting Subsection 901.6.2 with the following: Sec. 901.6.2 Records. Records of all system inspections, tests, and maintenance required by the referenced standards shall be maintained on the .premises for a minimum of 3 years. A copy of each inspection, test, or maintenance record shall be forwarded to the fire code official within 30 days of the da.te the inspection, test, or maintenance occurred. A copy of all system inspections shall be maintained in a three-ring binder or other folder type cover and located at the fire alarm main panel or other approved location. (� Fire Protection Systems — Definitions. Section 902 of the International Fire Code, entitled "Definitions," is amended by adding the following definitions: FIRE AREA. The total area from all floors enclosed by the outermost exterior walls commonly understood to be the perimeter of the building. When a building or structure has an outdoor courtyard or garden, without an exit to a public way, this area sha11 be included in the fire area. FIRE FLOW. A measure of the sustained flow of available water for firefighting at a specific building or within a specific area at 20 pounds- per-square-inch residual pressure. FIRE WALL. An approved wall of not less than 4 hour fire-resistive construction with no openings, which extends vertically from the foundation to ternunate in a parapet not less than 30 inches above the roof, and which extends horizontally to the furthest projection of any portion of the building or to a point 30 inches beyond the intersecting exterior wall, whichever is furthest. As an alternative to the horizontal requirements, such fire wall may be extended a minimum of 30 inches along both sides , of the intersecting exterior wa11, provided there are no projections beyond the intersecting exterior wall. LIFE SAFETY RESCiJE ACCESS. Unobstructed access to all floor levels and each roof level of a building on not less than 20 percent of the building perimeter by utilizing a 35 foot ladder. An alternate method would be at least 1 stairway enclosure with exit doorways from each floor level and with a door opening onto each roof level which conforms to the requirements of the International Building Code. 18.02.080 AMENDMENTS TO THE INTERNATIONAL FIRE CODE — SECTION 903, AUTOMATIC SPRINKLER SYSTEMS. The following local amendments to Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," are adopted and incorporated into the International Fire Code: (a) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2 with the following: Sec. 903.2 Where required. Approved fire sprinkler systems shall be installed as follows: l. In all buildings without adequate fire flow as required by this code. Exception: Group U Occupancies. , 2. All new or remodeled buildings and structures with a gross floor area of 10,000 or more square feet (929 m2), or where this code provides a more restrictive floor area requirement, and shall be provided in all locations or where described by this code. Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries, and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by a wa11 with a fire-resistance rating of not less than 1 hour and a floor/ceiling assembly with a fire-resistance rating of not less than 2 hours. 3. Where this code requires the installation of an automatic sprinkler system to protect an occupancy within an otherwise non-sprinkled building, then automatic sprinkler protections will be required throughout the entire building. 4. Only 4 hour area separation walls without openings sha11 constiiute separate buildings to allow for a fire sprinkler exemption. When this exemption is utilized, the separa.tion wall must separate occupancy types � by different ownership or tax parcels. (b) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1 with the following: Sec. 903.2.1 Group A. An automatic sprinkler system shall be provided throughout buildings and portions thereof used as Group A occupancies as provided in this section. For Group A-1, A-2, A-3, and A-4 occupancies, the automatic sprinkler system shall be provided throughout the entire building. For Group A-5 occupancies, the automatic sprinkler system sha11 be provided in the spaces indicated in 903.2.1.5. (c) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.1 with'the following: Sec. 903.2.1.1 Group A-1. An automatic sprinkler system shall be provided for Group A-1 occupancies where one of the following conditions exists: � 1. The gross fire area of the building exceeds 10,000 square feet. 2. The fire azea has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. 4. The fire azea contains a multi-theater complex. 5. Dance halls where the total gross floor area exceeds 5,000 square feet (465 m2). (d) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.2 with the following: Sec. 903.2.1.2 Group A-2. An automatic sprinkler system shall be provided for Group A-2 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 5,000 square feet. 2. The fire area has an occupant load of 100 or more. 3. The fire area is located on a floor other than the level of exit discharge. (e) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.3 with the following: Sec. 903.2.1.3 Group A-3. An automatic sprinkler system shall be provided for Group A-3 occupancies where one of the following conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. (� Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.1.4 with the following: Sec. 903.2.1.4 Group A-4. An automatic sprinkler system shall be provided for Group A-4 occupancies where one of the following � conditions exists: 1. The fire area of the building exceeds 10,000 square feet. 2. The fire area has an occupant load of 300 or more. 3. The fire area is located on a floor other than the level of exit discharge. Exception: Areas used exclusively as participant sports arena areas where the main floor area is located at the same level as the level of exit discharge of the main entrance and exit. � (g) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.2. Group B ambulatory health care facilities with the following: Sec 903.2.2 Group B ambulatory health care facilities. An automatic fire sprinkler system shall be installed throughout a11 building containing a Group B occupancy used for ambulatory health care facilities. (h) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.3 Group E with the following: Sec. 903.2.3 Group E. An automatic sprinkler system shall be provided for Group E occupancies as follows: 1. Throughout all buildings with a group E fire area.2. Portable school classrooms, provided aggregate areas of clusters of porta.ble school classrooms does not exceed 5,000 square feet (465 m2); and clusters of portable school classrooms shall be separated as required in Chapter 5 of the building code. The provisions of this subsection shall apply if, the building or buildings in question will have more than 50% of the gross square foota.ge of the fire area struciurally remodeled, improved or otherwise reconditioned and/or, two or more major building systems improved or otherwise reconditioned � within any 60 month time period. Major building systems include but are not limited to: Water, Sewer, Storm, or other plumbing, Electrical, HVAC, Foundation, and Structural members. In the case of additions, only 4 hour area separation walls shall define separate buildings regarding sprinkler requirements. Exceptions: � 1. Maintenance, energy conservation and cosmetic improvements not requiring a permit are not considered structural remodels. (i) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.4. Group F-1 with the following: Sec. 903.2.4 Group F-1: An automatic sprinkler system shall be provided throughout all buildings containing a Group F occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group F-1 fire area is located more than three stories above grade. (j) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.7 with the following: Sec. 903.2.7 Group M. An automatic sprinkler system shall be provided throughout all buildings conta.ining a Group M occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group M fire area is located more than three stories above grade. (k) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.8 with the following: Sec. 903.2.8 Group R An automatic sprinkler system installed in accordance with Section 9.3.3 shall be provided throughout all buildings with a Group R fire area. Sec. 903.2.8.1 Existing Crroup R-1 and R-2 buildings sha11 install a full fire sprinkler system when anyone of the following occurs: (1) A fire occurs which migrates from the unit of origin to involve a neighboring unit. (2) Two or more separate fires occur, which requires a fire department response, in the same complex within a two year span. Sec. 903.2.8.2 Sprinkler heads in kitchens shall be installed (on the ceiling) with at least one sprinkler head no more than 4 feet out from the front of the stove top. (1) Automatic Sprinkler Systems — Where Required. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.2.9 with the following: Sec. 903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists: 1. Where the fire area of the building exceeds 10,000 square feet; or 2. Where a Group S-1 fire area is located more than three stories above grade. (m) Automatic Sprinkler Systems — Speculative Use Warehouses. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by adding the following new Subsection 903.2.9.3: Sec. 903.2.9.3. Speculative use warehouses. Where the occupant, tenant, or use of the building or storage commodity has not been determined or it is otherwise a speculative use warehouse or building, the automatic sprinkler system shall be designed and installed in accordance with the following: l. The design area shall be not less than 5,600 square feet (520 m2). 2. The density shall be not less than that for class IV non- encapsulated commodities on wood pallets, with no solid, slatted, or wire mesh shelving, and with aisles that are 8 feet or more in width and up to 20 feet in height. 3. Sprinkler piping that is 4 inches and larger in width shall be used and the structural engineer of record shall provide written verification approving of the point and dead loads. (n) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.1.1.1 with the following: Sec. 903.3.1.1.1 Ezempt locations. When approved, automatic ` sprinklers shall not be required in the following rooms or areas where such rooms or azeas are protected with an approved automatic fire detection system in accordance with Section 907.2 that will respond to visible or invisible particles of combustion. Sprinklers sha11 not be omitted from any room merely because it is damp, of fire-resistance rated construction or contains electrical equipment. 1. Any room where the application of water, or flame and water, constitutes a serious life or fire hazard. 2. Any room or space where sprinklers are considered undesirable because of the nature of the contents, when approved by the fire code official. 3. Generator and transformer rooms separated from the remainder of the building by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance rating of not less than 2 hours. 4. In rooms or areas that aze of noncombustible construction with wholly noncombustible contents. (o) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 9033.1.2.1 with the following: ` Sec. 903.3.1.2.1 Balconies and decks. Sprinkler protection shall be provided for exterior balconies, decks and ground floor patios of dwelling units. All spaces in excess of 10 square feet shall be provided with sprinkler coverage. (p) Automatic Sprinkler Systems — Installation Requirements. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.3.7 with the following: Sec. 903.3.7 Fire department connection locations. All fire department connection locations (F.D.C.'s) to automatic sprinklers and/or standpipe systems shall be located not less than 3 feet, nor more than 10 feet from the finished edge of an approved fire apparatus access road. F.D.C.'s shall not be located more than 50 feet from a fire hydrant. F.D.C.'s and F.D.C.'s serving sprinkler systems sha11 not be located on the wall of a building, unless approved by the fire code official. F.D.C.'s serving class 1 or 3 standpipe systems may be located on walls, provided such walls are of fire resistive or noncombustible construction. Exception: F.D.C.'s that are not able to be located away from a wall due to physical restrictions, may be located in an area approved by the fire code official. F.D.C.'s shall be installed/located at the front of the building not less than 18 inches nor more than 36 inches above the finished grade of an approved fire apparatus access road. F.D.C.'s shall not be obstructed by vehicle parking, carports, garages, refuse storage containers, fences, landscaping or other obscuring features. F.D.C.'s sha11 be provided with tight fitting threaded caps or Knox type lockable caps. (c� Automatic Sprinkler Systems - Alarms. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.4.2 with the following: Sec. 903.4.2 Alarms — Ezterior notification. Approved audible alarm devices shall be connected to every automatic sprinkler system. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Alarm devices shall be water-motor operated and shall be provided on the exterior of the building in an approved location at each riser or riser group. Exception: NFPA 13D and NFPA 13R sprinkler systems may utilize an electrically operated alarm bell on the exterior of the building in an approved location at each riser or riser group, provided that the electrically operated alarm bell cannot be silenced during water flow. Sec. 903.4.2.1 Alarms — Interior notification. Actuation of the automatic sprinkler system shall actuate interior audible/visual notification appliances as outlined in NFPA 72 at all exits from all floors or where a fire alarm system is installed. The fire alarm system notification circuits shall provide the interior notification. When a structure exceeds one floor, a flow switch sha11 be provided for each floor. A flow alarm shall be identified by floor. 1 Exception: NFPA 13D sprinkler systems do not require interior audible/visual notification appliances, except if a fire alarm system is installed, then the fire alarm system notification circuits shall provide the interior notification. (r) Automatic Sprinkler Systems. Section 903 of the International Fire Code, entitled "Automatic Sprinkler Systems," is amended by substituting Subsection 903.4.3 with the following: Sec. 903.4.3 Floor control valves. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor. 18.02.090 AMENDMENTS TO THE INTERNATIONAL FIRE CODE - SECTION 907, FIRE ALARM AND DETECTION SYSTEMS. The following local amendments to Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," are adopted and incorporated into the International Fire Code: (a) Fire Alarm and Detection Systems — General. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add the following to Subsection 907.1.2: Sec. 907.1.2 Fire Alarm Shop Drawings. 14. A Bremerton Fire department submittal checklist. 15. A copy of the device/zone map. 16. Fire alarm systems which contain 25 or more SLC/NAC devices combined, shall be submitted on no less than 11x17 sized drawings and 1/8"=1' scale with a digital copy of the design in DWG, DWF or other approved format. (PDFs are not acceptable.) (b) Fire Alarm and Detection Systems — Where Required. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907.2 with the following: Sec. 907.2 Where required. All new and remodeled occupancies where the fire area exceeds 4,000 square feet, an approved manual and automatic fire alarm system shall be provided. Approved addressable fire alarm systems will be required in all buildings having 10 or more fire alarm system devices. Where automatic sprinkler protection installed in accordance with Section 9033.1.1 or 903.3.1.2 is provided and connected to the fire alarm system, automatic heat detection requirements of this section may be modified upon specific approval by the fire code official. Exceptions: l. Group U Occupancies. 2. Occupancies protected throughout by an approved/monitored automatic sprinkler system can delete heat detectors from the system. 3. One and two family residences. 4. Those buildings that require 10 or less fire alarm devices pursuant to 907.2. In all remodels of existing non-sprinkled buildings over 4,000 square feet gross floor area, when the value of any remodel work exceeds 50 percent of the building's assessed valuation. In any non-sprinkled existing building over 4,000 square feet gross floor area when a change in occupancy use classification occurs. Smoke detection shall be placed in: 1. Hallways, corridors, exit passages and all other primary egress components. 2. Above the fire alarm panel and a11 annunciator panels. 3. Rooms, assembly azeas or other spaces which exceed 400 square feet. Heat detection shall be placed in all areas not covered by smoke detection. Exception: Buildings equipped with a fire sprinkler system. A fully functional enunciator panel shall be placed at the main entrance(s) and fire sprinkler room(s). Graphic enunciators shall be utilized in a11 highrises and schools. Shielded fire alarm cable shall be utilized as required by the fire code official. Prescriptive smoke detector placement shali utilize Table 5.6.5.5.1 from NFPA 72 2002 edition when ceiling heights exceed 10'. Prescriptive smoke detector placement of spot detectors shall not exceed 30' in height. Beam detectors shall be utilized in complex designs and ceilings in excess of 30'. (c) Fire Alarm and Detection Systems — Retroactive R-2 Visible Notification. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to add Subsection 907.10. as follows: Sec. 907.10. RetroacNve R-2 visible notification. At the request of the tenant, the building owner shall replace an existing audible device to an audible/visible device to assist hearing impaired tenants. Building owners are not required to otherwise change or modify fire alarm systems if due to design or device placement this option is not feasible. (d) Fire Alarm and Detection Systems — Duct Smoke Detectors. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended to repeal Exception 1 in Subsection 907.4.1. The amended Subsection 907.4.1 reads as follows: Sec. 907.4.1 Duct smoke detectors. Duct smoke detectors shall be connected to the building's fire alarm control panel when a fire alarm system is provided. Activation of a duct smoke detector shall initiate a visible and audible supervisory signal at a constantly attended location. Duct smoke detectors shall not be used as a substitute for required open area detection. Exception: In occupancies not required to be equipped with a fire alarm system, actuation of a smoke detector shall activate a visible and an audible signal in an approved location. Smoke detector trouble conditions sha11 activate a visible or audible signal in an approved location and shall be identified as air duct detector trouble. (e) Fire Alarm and Detection Systems — Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by substituting Subsection 907. 5 with the following: Sec. 907.5 Monitoring. Where fire alann systems are required by this chapter or by the International Building Code, a U.L.-listed central monitoring station in accordance with NFPA 72 shall monitor fire alarm systems. Exception: Supervisory service is not required for: 1. Single- and multiple-station smoke alarms required by Section 907.2.10. 2. Smoke detectors in Group I-3 occupancies. 3. Automatic sprinkler systems in one- and two-family dwellings. 4. Those existing R-1 and R-2 occupancies that are addressed by section 18.03.120(a) of the Bremerton Municipal Code. ( fl Fire Alarm and Detection Systems — Testing Prerequisites. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.9.1: Sec. 907.9.1 Testing Prerequisites. Upon completion of the installation or altera.tion, a satisfactory test of the entire system and its functions sha11 be made in the presence of the fire code official within two weeks of completion of installation. Prior to the acceptance test, written documentation sha11 be provided to the fire department certifying that the system has been installed and pre-tested in accordance with the approved plans and specifications. , (g) Fire Alarm and Detection Systems — Location/Security. Section 907 of the International Fire Code, enritled "Fire Alarm and Detection Systems," is amended by adding a new Subsection 907.11: Sec. 907.11. Location/Security. The control unit, remote annunciator, alarm panel, and access keys to locked fire alarm equipment sha11 be installed and maintained in a location approved by the fire code officia1. All occupancies equipped with a fire sprinkler or alarm system shall install a key safe below an exterior horn strobe and near the access to the remote annunciator or main entrance. Alann panel access keys and building access keys or master keys shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of the fire code official. (h) Fire Alann and Detection Systems — Monitoring. Section 907 of the International Fire Code, entitled "Fire Alarm and Detection Systems," is amended by adding new Subsections 907.12, 907.13, 907.14, 907.14.1: Sec. 907.12. Instructions. Written operating instructions for the fire alarm system shall be provided and kept in an on-site wall mounted entry key safe provided by the building owner and shall meet specifications of fire code official. All alarm systems shall be capable of being silenced without having to be reset. Alarm panels that require a reset code to silence or reset the system shall be programmed with a fire department reset code that is approved by the fire code official. Sec. 907.13. Designer Qualifications. Persons who design fire alarm systems sha11 be either a fire protection engineer registered by the State of Washington or NICET III and current with all continuing education and training required by NICET. The designer must be NICET II by July 1, 2008 and NICET III by January 1, 2009. Sec. 907.14. Technician Qualifications. Persons who install fire alann systems shall be licensed by the State of Washington in low voltage. A trainee sha11 not be allowed to install, layout, design or otherwise work on a fire alarm system, new or existing, without duect onsite supervision of the trainee's work. Trainees are not permitted to perform any work unsupervised. Sec. 907.14.1 1vICET II. July l, 2008 all fire alarm installers, designers, testers or any person who maintains or otherwise modifies fire alarm systems sha11 be NICET II with current continuing education and training. , 18.02.095 AMENDMENTS TO THE INTERNATIONAL FIRE CODE — SECTION 913, FIRE PUMPS. T'he following local amendment to Section 913 of the International Fire Code, entitled "Fire Pumps," is adopted and incorporated into the International Fire Code: (a) Fire Pumps. Section 913 of the International Fire Code is amended by adding a new Subsection 913.2.1: Sec. 913.2.1 Fire pumps utilizing electric drivers shall provide a back-up power supply. Exception: In F and S occupancies when the normal occupant load does not exceed 15, the occupancy would normally be vacated during power outa.ges and with the fire code o�cial's approval. 18.02.100 AMENDMENTS TO THE INTERNATIONAL FIRE CODE — CHAPTER 14, FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION. T'he following local amendment to Chapter 14 of the Internarional Fire Code, entitled "Fire Safety During Construction and Demolition," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: (a) Water Supply for Fire Protection — When Required. Section 1412 of the International Fire Code, entitled "Water Supply for Fire Protection," is amended by substituting Subsection 1412.1 with the following: Sec. 1412.1 When required. An approved water supply for fire protection shall be made available as soon as combustible material arrives on the site. 18.02.110 AMENDMENTS TO THE INTERNATIONAL FIRE CODE — CHAPTER 22, MOTOR FUEL-DISPENSING FACILITIES AND REPAIR GARAGES. The following local amendment to Chapter 22 of the International Fire Code, entitled "Motor Fuel-Dispensing Facilities and Repair Garages," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Sec. 2205.3.1. Required Spill Control Equipment. Every fuel dispensing facility and repair garage shall maintain at least 50 pounds of rice hulls or other approved absorbent and at least 25 approved absorbent pads, minimum dimension 16 inch by 16 inch and/or other spill control equipment as approved by the fire code official. 18.02.120 AMENDMENTS TO THE INTERNATIONAL FIRE CODE — CHAPTER 27, HAZARDOUS MATERIALS — GENERAL PROVISIONS. The following local amendment to Chapter 27 of the International Fire Code, entitled "Hazardous Materials — General Provisions," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: (a) Storage — Ventilation — System Requirements. Section 2704 of the International Fire Code, entitled "Storage," is amended by substituting Subsection 2704.3.1 with the following: Sec. 2704.3.1 System requirements. E�chaust ventilation systems sha11 comply with all of the following: l. Installation shall be in accordance with the International Mechanical Code. 2. Mechanical ventilation shall be at a rate of not less than 1 cubic foot per minute per square foot [0.00508 m3/(s • m2)] of floor area over the storage area. 3. Systems shall operate continuously unless alternative designs are approved. 4. A manual shutofF control sha11 be provided outside of the room in a position adjacent to the access door to the room or in another location, if approved by the fire code official. The switch shall be of the break-glass type and shall be labeled: VENTILATION SYSTEM EMERGENCY SHUTOFF: FIRE DEPARTMENT USE ONLY. 5. E�aust ventilation sha11 be designed to consider the density of the potential fumes or vapors released. For fumes or vapors that are heavier than air, exhaust shall be taken from a point within 12 inches (305 mm) of the floor. 6. The location of both the exhaust and inlet air openings sha11 be designed to provide air movement across all portions of the floor or room to prevent the accumulation of vapors. 7. Exhaust ventilation shall not be recirculated within the room or building if the materials stored are capable of emitting hazardous vapors. 18.02.130 AMENDMENTS TO THE INTERNATIONAL FIRE CODE — CHAPTER 45, MARINAS. The following local amendment adding a new Chapter 45 of the International Fire Code, entitled "Marinas," is hereby adopted and incorporated into the International Fire Code as if fully set forth therein: Chapter 45 MARINAS 4501 Scope Marina facilities shall be in accordance with this chapter. 4501.2 Plans And Approvals Plans for marina fire-protection facilities shall be approved prior to installation. The work shall be subject to final inspection and approval after installation. 4501.2.1 Permits Permits are required to use open-flame devices for maintenance or repair on vessels, floats, piers or wharves. 4502 DEFINITIONS 4502.1 Definitions. The following words and terms shall, for the purpose of this chapter and as used elsewhere in this code, have the meanings shown herein. FLOAT is a floating structure normally used as a point of transfer for passengers and goods, or both, for mooring purposes. MARINA is any portion of the ocean or inland water, either naturally or artificially protected, for the mooring, servicing or safety of vessels and sha11 include artificially protected works, the public or private lands ashore, and structures or facilities provided within the enclosed body of water and ashore for the mooring or servicing of vessels or the servicing of their crews or passengers. PIER is a structure built over the water, supported by pillars or piles, and used as a landing place, pleasure pavilion or similar purpose. VESSEL is watercraft of any type, other than seaplanes on the water, used or capable of being used as a means of transportation. Included in this definition are nontransportation vessels such as houseboats and boathouses. WHARF is a structure or bulkhead constructed of wood, stone, concrete or similaz material built at the shore of a harbor, lake or river for vessels to lie alongside of, and piers or floats to be anchored to. 4503 GENERAL PRECAUTIONS 4503.1 Combustible Debris. Combustible debris and rubbish shall not be deposited or accumulated on land beneath marina structures, piers or wharves. 4503.2 Sources of Ignition. Open-flame devices used for lighting or decora.tion on the exterior of a vessel, float, pier or wharf shall be approved. 4503.3 Flammable or Combustible Liquid Spills. Spills of flammable or combustible liquids at or upon the water sha11 be reported immediately to the fire department or jurisdictional authorities. � 4503.4 Rubbish Containers. Conta.iners with tightfitting or selfclosing lids shall be provided for the temporary storage of combustible trash or rubbish. 4503.5 Electrical Equipment. Electrical equipment shall be insta.11ed and used in accordance with its listing and Section 645 as required for wet, damp and hazardous locations. 4503.6 Berthing and Storage. Berthing and storage sha11 be in accordance with NFPA 303, Chapter 5. 4503.7 Addressing. Each slip sha11 be numbered and clearly marked. 4504 FIRE-PROTECTION EQUIPMENT 4504.1 General. Piers, wharves, floats with facilities for mooring or servicing five or more vessels, and marine motor vehicle fuel-dispensing � stations sha11 be equipped with fire-protection equipment in accordance with Section 4604. � 4504.2 Standpipes. Marinas and boatya.rds shall be equipped throughout with standpipe systems in accordance with the following: 1. All portions of floats exceeding 150' in distance from the point of fire apparatus access shall be provided with an approved dry standpipe � system, installed in conformity with NFPA 14 and Section 9.5.12. 2. Hose stations shall be provided at 150' intervals, with the most remote station a maximum of 75' from the end of the float. Each hose station shall be provided with two 2-1/2" standpipe valves with 2 1/2" to 1 1/2" reducers with caps. Installation of fue hose is not mandatory at standpipe locations. All hose station risers shall be galvanized steel. 3. Each standpipe system shall be provided with a minimum of two 2-1/2" Fire Department connections. The Fire Department connections shall be located on the shore end of the first floating dock. 4. Piping sha11 be minimum schedule 40 class and shall be sized to deliver 300 GPM at 65 psi residual pressure at the most remote station with a delivered pressure of 150 psi at the Fire Department connection. 5. Sectional valves shall be provided at the change of direction of each float and at each hose sta.tion. The valve shall be down stream of the hose station. 4504.3 Access and Water Supply. Piers and wharves sha11 be provided with fire apparatus access roads and water-supply systems with on-site fire hydrants when required by the fire code official. Such roads and water systems shall be provided and maintained in accordance with Sections 5.3.2 and 5.8. 4504.4 Portable Fire Eztinguishers. One fire extinguisher for ordinary (moderate) hazard type, sha11 be provided at each required hose sta.tion. Additional fire extinguishers, suita.ble for the hazards involved, shall be provided and maintained in accordance with Section 906. 4504.5 Communications. A telephone not requiring a coin to operate or other approved, clearly identified means to notify the fire department shall be provided on the site in a location approved by the code official. 4505 MARINE MOTOR VEHICLE FUEL-DISPENSING STATIONS I 4505.1 Fuel-Dispensing. Marine motor vehicle fuel-dispensing stations shall be in accordance with Chapter 22 of this code. 18A2.140 AMENDMENTS TO THE INTERNATIONAL FIRE CODE — APPENDIX D, FIRE APPARATUS ACCESS ROADS. The following local amendments to Appendix D to the International Fire Code, entitled "Fire Apparatus Access Roads," are hereby adopted and incorporated into the International Fire Code as if fully set forth therein: , (a) Minimum Specifications — Grade. Section D 103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D103.2 with the following: Sec. D103.2 Grade. Fire apparatus access roads shall not exceed 10 percent longitudinal and/or 6 percent laterally in grade. Approach and , departure angle for fire apparatus access shall be as determined by the fire code official. Unless building sprinklers have been installed in accordance with this code and the roadway has been approved by the fire code official. (b) Minimum Specifications — Turning Radius. Section D103 of the International Fire Code, entitled "Minimum specifications," is amended by substituting Subsection D 103.3 with the following: Sec. D103.3 Turning radius. T'he fire appara.tus access road shall have a 23 foot minimum inside turning radius and a 45 foot minimum outside turning radius. � (c) Fire Apparatus Access Road Gates. Section D103.5 of the International Fire Code, entitled "Fire Appara.tus Access Road Gates," is amended by substituting Subsection D103.5.1 with the following: Sec. D103.5.1 The minimum gate width shall be 14 feet. 18.02.150 FIRE CODES — FEES. The fees to be assessed for the codes adopted in this chapter shall be as set forth in BMC 3.01.060, Fire Department — Rate Table E, as currently enacted or as hereafter amended. 18.02.160 CITY OF BREMERTON FALSE ALARM CODE. (a) For the purposes of this section, a false alarm shall be deemed and construed as being: The activation of any fire protection system due to some form of maintenance or lack of maintenance element. (b) It shall be unlawful for any person to give, signal, or transmit or for any person to cause or permit to be given, signaled, or transmitted, in any manner any false alarm. (c) It shall be unlawful for any person to tamper with or maliciously injure or activate any fire protection system or equipment maintained for the purpose of transmitting fire alarms to the Fire Department. (d) Nothing in this section shall prohibit the sounding of any such signal essential for the carrying out of any system maintenance or fire drill. The Fire Code Official, his designated representative, or the responsible central station monitoring agency shall be notified in advance when such signal will be sounded. (e) Any person, firm or corporation who is found to have signaled or transmitted a false alarm shall be guilty of a civil infraction and sha11 be fined per 3.01.060, Fire Department-Rate Table E. (� Definitions. (1) "False alarm" shall mean the activation of a fire protection system at a time when no conditions attributable to a fire or smoke condition are found to exist upon arrival of the Fire Department. (2) "Fire Code Official" sha11 mean the Chief of the Fire Department, or his designated representative. (3) "Person" shall mean any person, firm, partnership, association, corporation, company or organization of any kind. (4) "Preventable false alarm" sha11 mean a false alarm caused or initiated or allowed to be caused or initiated by the premises owner, or by a representative, assignee, or other persons that function under the direction or control of the owner, whether caused by direct intent, malicious action or by system neglect or improper system ma.intenance. (5) "Unpreventa.ble false alarm" shall mean a false alarm caused by power failures or interferences unrelated to the operation of the premises. (g) Any person having or maintaining a fire alarm shall, within three (3) working days after notice by the Fire Code Official at the scene of a false alann, make a written report to the Fire Code Official setting forth the cause of such false alarm, the corrective action taken, whether such alarm has been inspected by an authorized service person, and such other information as the Fire Code Official may reasonably require to determine the cause of such false alarm and the prescribed action necessary. (h) The determination whether or not a false alarm was preventable shall be made by the Fire Code Official. Any fee resulting from a determination that a false alarm was preventable shall be billed by the City Treasurer's Office and shall be deposited in the General Fund. 18.02.170 AUTOMATIC SPRINKLER SYSTEMS — BUILDINGS CONTAINING TWO OR LESS DWELLING iJNITS. (a) When automatic sprinkler systems are installed in buildings containing two (2) or less dwelling units as defined in the International Residential Code, whether atta.ched or deta.ched, they aze permitted to be connected to the domestic service within said unit utilizing an integrated fire/plumbing flow through system. (b) Automatic sprinkler systems installed pursuant to subsection (a) of this section shall not be subject to general facility charges, connection fees, inspections fees and other permit fees specifically related to and otherwise assessable under Chapter 3.01 BMC and BMC Title 15 attributed to the installation of automatic sprinkler systems. (c) Automatic sprinkler systems installed pursuant to subsection (a) of this section are integrated into and dependent upon the domestic water supply of the residential dwelling unit; therefore, the property owner is responsible for mainta.ining a connection to and paying for an adequate supply of water to the residential dwelling unit. 18.02.180 VIOLATION — PENALTY. (a) Any violation of any provision of the City Fire Code, BMC Title 18, constitutes a civil violation under Chapter 1.04 BMC for which a monetary penalty may be assessed and abatement may be required as provided therein. (b) In addition to or as an alternative to any other penalty provided in this chapter or by law, any person who violates any of the provisions of the City Fire Code, BMC Title 18, shall be guilty of a misdemeanor pursuant to BMC 1.12.020(2). 18.02.190 APPEALS. (a) Appeals to the Hearings Examiner. (1) Jurisdiction. 'The City Hearings Examiner has been designated as the Board of Appeals and shall have jurisdiction over all matters concerning the application of the fire codes cited in Chapter 18.02 BMC. The City Hearings Examiner, however, sha11 have no authority relative to interpretation of the administrative provisions of these codes, nor shall the City Hearings Examiner be empowered to waive requirements of these fire codes and referenced codes. (2) Filing. Appeals sha11 be filed with the Hearings Examiner in accordance with Chapter 2.13 BMC. (3) Standing. Standing to bring.an appeal under this chapter is limited to the following persons: (i) The applicant and the owner of property to which the permit decision is directed. (ii) Another person aggrieved or adversely affected by the order, determination, or decision, or who would be aggrieved or adversely affected by a reversal or modification of the order, determination, or decision. A person is aggrieved or adversely affected within the meaning of this section only when all of the following conditions are present: a. The order, determination, or decision has prejudiced or is likely to prejudice that person; b. A judgment in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the order, determination, or decision; and c. The appellant has exhausted his or her administrative remedies to the extent required by law. (b) Appeals to Superior Court. Appeals to the Hearings Examiner sha11 be made pursuant to Chapter 2.13 BMC. SECTION 2. Severabilitv If any one or more sections, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTIDN 3. E�'ective Date. This ordinance sha11 take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2010 NICK WOFFORD, Council President Approved this day of , 2010 PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: CAROL ETGEN, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2010 EFFECTIVE the day of , 2010 , ORDINANCE NO. R:U.egalU_.egal\Ordinances�Fire\Chapter 18 2009 code adoption.doc DATE SUBMITTED: May 17, 2Q t 0 AGENDA BILL CITY OF BREMERTON CITY COUNCIL � ....................................................................................... SUBJ�CT: Public Hearing and Ordinance Committee Meeting Date: May 26, 2010 No" //, ending BMC Chapter 17.04, COLINCIL MEETIlVG Date: June 2, 2010 City Building Code. Department: DCD Presenter: JoAnn Vidinhar Phone: 473-5297 SUMMARY: The action before the Council is to conduct a public hearing and pass an Ordinance amending BMC Chapter 17.04 to adopt the 2009 editions of the Intemationai Building Code, International Residential Code, International Mechanical Code, International Property Maintenance Code, International Fuel Gas Code, and the Uniform Plumbing Code, as amended by the Washington State Building Code Council or published by the International Code Council; repeal the adoption of the Washington State Ventilation and Indoor Air Quality Code; and in addition make minor housekeeping amendments for proper references in the BMC. ATTACHMENTS: A. Staff Memorandum with Attachment I B. Proposed Ordinance �Io ` �1� FISCAL IlVIPACTS (Include Budgeted Amount): None APPROVALS: DEPARTMENT DIRECTOR: CITY ATTORNEY: , FINANCE DIRECTOR: MAYOR: CONIl�IlT"TEE CHAIR COUNCIL PRESIDENT: CONSENT AGENDA ❑ GENERAL BUSINESS ❑ PUBLIC HEARING RECOMMENDED MOTION: Move to pass Ordinance No 3113 :to adopt the 2009 editions of the various Building Codes and to amend BMC Chapter 17.04, City Building Code. COi7NCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action c ORDINANCE NO. � 5ll� ' AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Title 17 of the Bremerton Municipal Code (BMC) to repeal the adoption of the Washington State Ventilation and Indoor Air Quality Code and adopt the 2009 editions of the International Building Code, Intemational Residential Code, International Mechanical Code, International Fuel Gas Code, International Property Maintenance Code, and the Uniform Plumbing Code, as amended by the Washington State Building Code Council or published by the International Code Council; and in addition make housekeeping amendments to BMC Title 17. WHEREAS, as set forth in Title 17 of the Bremerton Municipal Code, the City has adopted various Washington State and International building codes; and WHEREAS, pursuant to Chapter 19.27 RCW, the 2009 editions of the International Building Code, the Intemational Residential Code, the International Mechanical Code, the International Fuel Gas Code, the Intemational Property Maintenance Code, and the Uniform Plumbing Code, as amended by the State of Washington, apply to all cities, including the City of Bremerton, effective July 1, 2010; therefore, it is appropriate to amend the Bremerton Municipal Codes to formally adopt the same; and WHEREAS, on May 19, 2010 the public was notified by a legal advertisement in the Kitsap Sun of the opportunity to make comment and participate in the public hearing by the City Council; and WHEREAS, on June 2, 2010 the City Council conducted a public hearing and considered all testimony prior to their decision. NOW, THEREFORE, THE CITY COUNCII, OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Section 17.04.020 of the Bremerton Municipal Code entitled "State Building Code-Adoption" relating to code editions is hereby amended to repeal the Washington State Ventilation and Indoor Air Quality Code and update the editions as adopted by the State Building Code Council and thereafter allow for future adoptions as mandated by the State as follows: 17.04.020- STATE BUILDING CODE - ADOPTION. In accordance with Chapter 19.27 RCW, the following codes (collectively, the "building codes") together with any additions, deletions, and exceptions currently enacted or as may be amended from time to time by the State of Washington through its Building Code Council 1 2009 Building Code Amendments ' pursuant to the Washington Administrative Code ("WAC"), and as fiuther amended in this chapter, are adopted by reference: � (a) The Intemational Building Code, 2009g Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-50 WAC. (b) The International Residential Code, 20096 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-51 WAC. (c) The International Mechanical Code, 20096 Edition, published by the International Code Council, Inc., as amended pursuant to Chapter 51-52 WAC. (d) The Uniform Plumbing Code, 20096 Edition, published by the International Association of Plumbing and Mechanical Officials, as amended pursuant to Chapter 51-56 WAC and the Uniform Plumbing Code Standards (Appendices A, B, and I to the Uniform Plumbing Code), as amended pursuant to Chapter 51-57 WAC. (e) The International Property Maintenance Code, 2009b Edition, published by the International Code Council, Inc. ( fl The International Fue1 Gas Code, 20096 Edition, published by the International Code Council, Inc. (g) The Washington State Energy Code as written by the Washington State Building Code Council pursuant to Chapter 51-11 WAC. n,� •ri,e �x�..��,;.,,,.�,.,, e+..�s ��e„�;�.,+;,,.. .,,,a r„a,,,.,. n;,. n,..,�;,.., r .,� , m�a., �... ��,o �x�.,�t,;�„+,.� �+.,+e �.,;ia;,,.. r,.ae r,.,,.,,.:� .. �� �,. r�t, .,..te,�_C.'1_ ] 2�]7A!'� One (1) copy of each of these codes is on file with the City's Building Official. SECTION 2. Section 17.04. 040(c) of the Bremerton Municipal Code entitled "Amendments to the Building Code — Administration" shall be amended for housekeeping purposes to read: (c) Board of Appeals. Section 113� of the Intemational Building Code, entitled "Board of appeals," is amended by substituting Section 113� with the following: Sec.1133 Board of appeals. The City of Bremerton hearings examiner is designated as the board of appeals in order to hear and decide appeals of orders, decisions, or determinations made by the building official relative to the suitability of alternate materials, design, and methods of construction and appeals of the reasonable application and interpretation of the building codes. Appeals shall be made as set forth in section 17.04.140 of the Bremerton Municipal Code. SECTION 3. Section 17.04.110(d) of the Bremerton Municipal Code entitled "Amendments to the International Property Maintenance Code" shall be amended for housekeeping purposes to read: (d) Chapter 3 of the International Property Maintenance Code is adopted with the exception of Subsections 302.4 "Weeds," 302.8 "Motor vehicles," 302.9 "Defacement of property," Section 303 "Swimming Pools, Spas and Hot Tubs," Subsections 304.3 "Premises identification," 304.14 "Insect screens," 304.17 "Guazds for basement windows," 304.18.1 "Doors," Secrion 307g "Handrails and Guardrails," Section 308� "Rubbish and Garbage," and 2 2009 Building Code Amendments Subsection 3095.5 "Occupant." SECTION 4. Section 17.04.080 of the Bremerton Municipal Code entitled "Amendments to the International Residential Code" shall be adopted with the following addition: (c) Sec. R313 Automatic Fire Sarinkler Svstems. Automatic Fire Sprinkler Systems is adopted with the exception of R313.2, One-and two-familv dwellin�s automatic fire ss_tyems• SECTION S. Severabilitv. If any one or more sections, sub-sections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this Ordinance and the same shall remain in full force and effect. SECTION 6. E,ffective Date ofAmendments. The provisions set forth in Sections 1, 2 and 3 of this ordinance shall take effect on July 1, 2010 as mandated by the State law. SECTION 7. Effective �ate. This ordinance shall take effect ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of , 2010 Nick Wofford, Council President Approved this day of , 2010 Patty Lent, Mayor ATTEST: APPROVED AS TO FORM: Carol Etgen, City Clerk ROGER A. LUBOVICH, City Attorney PUBLISHED the day of , 2010 EFFECTIVE the day of , 2010 ORDINANCE NO. R:�L,egal�L.ega1\Ordinances\Community Development�2009 Building Code Amendments.doc 3 2009 Building Code Amendments DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM T« c�y cou�i From: JaAnn Vidinhar, Assistarrt Dir�ec,tor � Datee May 17, 2010 Subjec� Proposed Building Code Amer�lmeMs SUMMARY The Washington State Building Code Council (SBCC) voted to adopt the 2009 Editions of the International Building Code (IBC), Intemational Residential Code (IRC), Intemational Mechanical Code (IMC), International Fuel Gas Code, International Property Maintenance Code, and the Uniform Plumbing Code. In addition the SBCC repealed the Washington State Ventilation and Indoor Air Quality Code (VIAQ) as these provisions are now found in the IBC, IRC, and IMC. This adoption by the State of Washington, applies to all cities, including the City of Bremerton, effective July 1, 2010. This action repeals the 2006 editions of these Codes and the VIAQ, adopts the 2009 editions, and provides for housekeeping amendments to Bremerton Municipal Code (BMC) 17.04, and has been scheduled for City Council adoption well in advance of the required July 1, 2010 deadline. Following this memorandum in Attachment I is an amendment narrative table which contains a summary of the significant changes to the International Building Code and International Residential Code. Attachment I - 2009 Building Code Amendments - Staff Narrative Table tem i e apter rt e e anguage urpose Impact International Buildin Code Commercial and Multi-famil units) Definition added to differentiate those The code addition addresses the difference between care outpatient medical care facilities in which facilities for those persons not capable of self-preservation (the individuals are temporarily incapable of self- ability to respond to emergency situations without physical preservation from those facilities in which such assistance from others). Previously these buildings were self-preservation capabilities do exist. considered an "out-patient clinic". For persons incapable of self Ambulatory Health Care facility provides care preservation the facility is now defined as an "ambulatory health Ambulatory Health on a less than 24-hour basis to individuals who care facility" thus special protections are added (smoke barriers, 1 3 3 8� 4 Care Facilities are rendered inca ble of self- reservation. inde endent ress, and fire s rinkler and alarm 1/3 Congregate living facilities (example: Definition added to address 10 or fewer The code recognizes "group home" types of uses with 2 3 3 8 4 Bed 8 Breakfast occu ants livin in a sin le facili . construction standards thus of a sin le famil residence. 1/3 Definition added for Live/Work Units (Dwelling The code recognizes the increasingly popular concept of unit or sleeping unit with a commercial use, residential use combined with a small business activity. The 3,000 sq ft maximum size, limited to 50% of code establishes size limits and special provisions (fire uniYs floor area, located on the first or main protection, accessibility, egress, etc). With this new definition floor of unit, and limits non-residential workers the occupancy classification is based on the primary use of the 3 3 3 8 4 Live/Work Units to 5. unit, rather than as a multi-oc:cu nc buildin use. 1/3 An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancies that display or sell Generally speaking, upholstered fumiture includes a padding i Automatic Sprinkler upholstered fumiture regardless of the size of insert that may be made of natural materials or, more likely, a . 4 4 903 S stems - Grou M the fire area. s nthetic material which is hi hl flammable. 2/3 � Unless located beneath occupancy groups, enclosed parking garages only require The previous code required all enclosed parking garages to be automatic sprinklers where the fire area sprinklered. The modification addresses that enclosed parking Automatic Sprinkler containing the parking garage exceeds 12,000 garages are among the low-hazard uses classified as Group S- 5 4 903 S stems - Grou S-2 s uare feet or above another use. 2 occu ancies unless above another use. 2/3 utomatic prin er Systems - Stories An automatic sprinkler system shall be installed The code addresses the lack of openings which complicate the Without Adequate throughout all stories without adequate exterior ventilation of the fire area and limits the entry and exit routes to 6 4 903 Exterior Openings openings. fire fighters. 2/3 International Residential Code One- and two- famil dwellin units Tool and storage sheds, playhouses and Work exempt ftom similar uses 200 square feet or less are exempt For consistency with previous codes. The 2006 reduction to 7 6 R- 105 ermits from ermits 120 s uare feet was not found to be technicall 'ustified. 1/3 Impacts range from 1= most basiGhousekeeping to 3= most controversial 1 Attachment I - 2009 Building Code Amendments - Staff Narrative Table tem � e apter rt e e anguage urpose Impact Decks not exceeding 200 square feet in area, that are not more than 30" above grade at any Work exempt from point, are not attached to a dwelling, and do not Small decks that are close to the ground do not pose a 8 6 R-105 rmits serve the exit door are exem t from ermits si nificant risk to occu ant safe . �� Fire separation distance requirements no longer apply to detached buildings on the same As the IRC does not limit the area of dwellings, it should not residential lot. Note: separation requirements impose fire-resistance requirements on detached buildings. (i.e. 1/2-inch gypsum board on the garage side) Separate buildings on the same residential lot could reasonably Fire Resistive for a detached garage less than 3 feet from a be considered one building, consistent with the IBC and not 9 7 R- 302 Construction dwellin are still in effect. considered to create an undue risk to the occu nts. 2/3 The new code defines habitable attics and Emergency Escape requires emergency escape and rescue The code recognizes the need for escape and rescue opening i 10 8 R- 310 and Rescue o nin s. in habitable attics. y I The code recognizes that the source of unsafe levels of carbon Carbon monoxide alarms are required in units monoxide in the home is typically from fautty operation of a fuel- which have fuel-fired appliances or an attached fired fumace or water heater, or from the exhaust of an garage. (For existing dwellings the alarm is to automobile. As carbon monoxide poisoning deaths often occur Carbon monoxide be installed when work requiring any permit when the occupant is sleeping, the IRC requires the alarm to be 11 9 R315 alarms occurs . located outside of and ad'acent to bedrooms. 3/3 More restrictive energy-efficient lighting and U- Washington Energy values for windows; air leakage testing of 12 10 Code ducts; Certificate of Performance. Address ene efficienc and ener conservation. 3/3 To clarify the intent of the code that all townhouses require sprinklers, even those that are three stories or less. It is typical for the iwahour fire wall to be compromised with wiring and An automatic residential fire sprinkler system such. Having the sprinkler system addresses these types of Townhouse Automatic shall be installed in townhouses. An exception issues and provides a reasonable level of fire protection and 13 11 R313.1 fire s rinkler s stems is iven for existin townhouses. limits the im act on affordable housin . y The Code requirement improves the likelihood of occupants escaping or evacuation. A dwelling fire sprinkler system One- and finro- family Effective January 1, 2011, an automatic requires less water than compared to the commercial fire dwellings fire sprinkler residential fire sprinkler system shall be systems and does not require a fire department connection. The 14 11 R313.2 s stems installed in one- and twafamil dwellin s. code is not in effect until Janua 1, 2011. 3/3 Impacts range from 1= most basiGhousekeeping to 3= most controversial 2