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08/02/2017 AGENDA PACKET
CITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 - Phone (360) 473-5280 AUGUST 2, 2017 CITY COUNCIL MEETING AGENDA 1. BRIEFING: 5:00 — 5:30 P.M. in COUNCIL CONFERENCE ROOM 603 A. Review of Agenda B. General Council Business (As necessary...) 2. CALL TO ORDER: 5:30 P.M. in FIRST FLOOR CHAMBERS A. Pledge of Allegiance B. Invocation 3. POLICE "OATH OF OFFICE" CEREMONY — By Judge James Docter A. Promotion to Corporal — Matthew Strombach 4. MAYOR'S REPORT 5. POLICE DEPARTMENT BRIEFING — By Police Chief Steve Strachan 6. PUBLIC RECOGNITION 7. CONSENT AGENDA A. Claims & Check Register B. Minutes of Meeting — July 19, 2017 C. Minutes of Study Session — July 26, 2017 D. Public Works Agreement with MacDonald -Miller Facility Solutions of Tacoma, WA for replacement of the HVAC 50 -ton Compact Screw Compressor at the Kitsap Conference Center E. Proposed Name Change of Manette Playfield to Manette Park F. Professional Services Agreement with Parametrix for Engineering Services for the Manette Park Renovation Project 8. PUBLIC HEARING A. Public Hearing on Ordinance No. 5332 to amend Chapter 17.04 of the Bremerton Municipal Code (BMC) entitled "City Building Code" for amendments to the 2015 Editions of the International Building Code and International Residential Code 9. GENERAL BUSINESS — No Items tonight... 10. COUNCIL MEMBER REPORTS 11. ADJOURNMENT OF CITY COUNCIL BUSINESS MEETING ® Americans with Disabilities Act (ADA) accommodations provided upon request. Those requiring special accommodations please contact the City Clerk at (360) 473-5323 at least 24 hours prior to the meeting. OATH OF OFFICE CORPORAL PROMOTION STATE OF WASHINGTON COUNTY OF KITSAP I, Matthew Strombach solemnly swear that I am a Citizen of the United States and of the State of Washington; That I will support the Constitution of the United States and the Constitution and Laws of the State of Washington; That I will abide by the Code of Ethics and Conduct as set forth in the Police Policy Manual; And will, to the best of my judgment, skill and ability, truly, faithfully, diligently and impartially perform the duties of the newly promoted position of Police Corporal, in and for the City of Bremerton, Kitsap County, Washington, as such duties are prescribed by law. 24-7 l'i . "? s' atthew Strombach Subscribed and sworn to before me this 2nd day of August, 2017 Signature of Official Administering the Oath Judge James Docter Bremerton Municipal Court rnq O u CD V? C CL SS w e �a. G CP L LL C'? v .CY C4 CD r� d} 4� sc dk 4Q 4? 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Front Row. Eric Roberts, Adam Brockus, David Hedger, Terry Hedger, Mayor Lent, Craig Houston, Ezekiel Houston, Patrick Watson, Colette Berna, Ron Anderson, Jeff Elevado SUBJECT: Claims & Check Register SUMMARY: AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7A Study Session Date: N/A COUNCIL MEETING Date: August 2, 2017 Department: Financial Services Presenter: Shannon Corin Phone: 473-5323 Approval of the following checks and electronic fund transfers: 1) Check #'s 374568 through 374760 and EFT's 17566 through 17612 in the amount of $2,642,918.70. 2) Regular Payroll for the pay period ending July 15, 2017 in the amount of $765,989.49. 3) Retiree Payroll for the pay period ending July 31, 2017 in the amount of $49,507.09. ATTACHMENTS: FISCAL IMPACTS (Include Budgeted Amount): STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the consent agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 01/07/15 ❑ Table ❑ Continue ❑ No Action SUBJECT: Minutes of Meeting — July 19, 2017 AGENDA BILL CITY OF BREMERTON 7B CITY COUNCIL Study Session Date: N/A COUNCIL MEETING Date: August 2, 2017 Department: City Council Presenter: Council President Phone: (360)473-5280 SUMMARY: Attached is the summary of the City Council Meeting on July 19, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL MEETING MINUTES Wednesday, July 19, 2017 The Regular Meeting of the City Council of the City of Bremerton was called to order Wednesday, July 19, 2017, at 5:00 PM in Council Conference Room 603 of the NORM DICKS GOVERNMENT CENTER, 345 6t" Street, Bremerton, Washington, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Greg Wheeler, Dino Davis, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Also present were City Attorney Roger Lubovich; Acting Deputy City Clerk Lori Smith; Council Assistant Christine Grenier; and Kevin Matthew, Information Services Manager. A COUNCIL BRIEFING was 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 then led by Council Member Pat Sullivan followed by the invocation provided by Pastor Sherwin Rulloda of the Bremerton First Church of the Nazarene. MAYOR'S REPORT — Mayor Lent... • Recognized the Casad Family legacy and invited the public to view the 100`" Anniversary of Water Service Exhibit at the Kitsap Historical Museum through September; • Shared that there are 7 people living in the community who are at least 100 years old; • Welcomed participation in the Police & Community Together (PACT) Community Conversation featuring Police Chief Steve Strachan and Representative Drew Hansen on Tuesday, July 25 from 5:00 to 7:00 PM at the United Way Building; • Looked forward to the Kitsap Wine Festival on Saturday, August 12 from 2:00 to 5:00 PM at the Kitsap Conference Center; • Mentioned that Rice Fergus Miller has been recognized by Seattle Business Magazine as one of the "100 Best Companies"; • Announced that Naval Base Kitsap received the "Top US Navy Base in the World" Award; • Learned that the Puget Sound Journal listed Kitsap County as the #1 Place to Live in; and • Continued to hope that a host family can be found for a Kure, Japan Exchange Student visiting Bremerton in August. President Younger announced that until the elections were over in November, no comments will be allowed regarding political candidates or ballot related issues... PUBLIC RECOGNITION Mike Walton, Bremerton Family YMCA, enjoyed viewing the Bremerton Bridge Blast fireworks from the Y, along with a lot of others with the same idea; and announced that there will be a free Summer Block Party on August 1 from 4:00 to 7:00 PM. Sue Strachan, Olympic College Special Events Director, announced that tickets are available for the 91Annual Kitsap Wine Festival on August 12 from 2:00 to 5:00 PM at Olympic College, and that proceeds will go towards student scholarships. Gavle Gillespie suggested that the City consider renaming a street for a fallen officer in Tacoma who was once a resident of Bremerton; admired the K-9 dogs for their special work; and requested an update from the Public Works Department on the Lebo Boulevard Project. Roy Runyon asked for an update on code enforcement for 2430 Snyder Avenue; asked candidates to be thoughtful of their placement of campaign signs; and asked for clarification on the utility rate "slush fund". Responses were provided by Roger Lubovich... City Council Reg. Mtg. Minutes July 19, 2017 Page 2of5 Allen Matthews was impressed with the supportive comments made regarding the Bremerton Police Department's Crisis Intervention Training during the County's Citizens Advisory Committee on Mental Health & Substance Abuse meeting. Eric Stewart requested the Council to review the Bremerton Municipal Code as it relates to the Waste Management contract and its services to residents. CONSENT AGENDA 5A — Claims & Check Register: Check Numbers 374388 through 374567, and EFT -17510 through EFT -17565 in the amount of $3,111,926.29; Regular Payroll for the pay period ending June 30, 2017 in the amount of $776,917.80; Regular Payroll (Pay Outs) for the pay period ending June 30, 2017 in the amount of $34,982.01; and Regular Payroll (Supplemental) for the pay period ending June 30, 2017 in the amount of $595.34 5B— Minutes of Meeting — July 5, 2017 5C — Minutes of Study Session — July 12, 2017 5D— Purchase of 12.5% Bulk Sodium Hypochlorite Solution from JCI Jones, Inc. of Tacoma, WA for the Westside Wastewater Treatment Plant 5E— Ordinance No. 5329 to amend Section 13.04.140 of the Bremerton Municipal Code (BMC) entitled "Liquor' (Beer or Wine) under the Park Code 05:54:25 M/S/C/U (Wheeler/Davis) Move to approve the CONSENT AGENDA as presented PUBLIC HEARINGS 6A — PUBLIC HEARING ON RESOLUTION NO. 3292 TO AMEND THE DEPARTMENT OF FINANCIAL SERVICES — RATE TABLE A RELATING TO FEES FOR PUBLIC RECORDS: Mike Riley, Assistant Financial Services Director, summarized that the State Legislature passed Engrossed House Bill 1595 amending the Public Records Act (RCW 42.56). It requires an agency to establish a statement of costs after notice and a public hearing. Additionally, the bill defines the maximum costs an agency may charge for providing public records. The bill is effective July 23, 2017. To be able to charge the maximum costs after this date, the City Council must hold a public hearing and adopt the new costs. President Younger opened the public hearing... Comments and questions were provided by Roy Runyon; with responses provided by Mr. Riley... With no further comments received, President Younger closed the Hearing to the public; and opened for discussion with the Council... 05:58:45 Motion was made by Daugs and seconded by McDonald... Comments and questions were provided by Daugs; with responses provided by Mr. Riley... 06:02:32 M/S/C/U (Daugs/McDonald) Move to adopt Resolution No. 3292 to amend the Department of Financial Services — Rate Table A relating to Fees for Public Records. 6B — PUBLIC HEARING ON ORDINANCE NO. 5330 TO AMEND SECTION 20.46.010 OF THE BREMERTON MUNICIPAL CODE (BMC) REGARDING "ACCESSORY DWELLING UNITS": Allison Satter, Senior Planner, explained that the action before Council is to conduct a Public Hearing and adopt an Ordinance to amend Title 20 of the Bremerton Municipal Code as follows: Accessory Dwelling Units (ADUs). Revise the regulations to remove the owner -occupancy City Council Reg. Mtg. Minutes July 19, 2017 Page 3 of 5 requirement, add additional design standards, and revise the allowed unit size. This Zoning Code amendment was publicized for the June 21, 2017 Zoning Code Amendments Public Hearing, however as additional information was requested by City Council, an additional ordinance has been provided for this Public Hearing. No public testimony regarding ADUs was received at the Public Hearing on June 21, 2017. President Younger opened the public hearing Comments and questions were provided by Roy Runyon; Kurt Wiest; Allen Matthews; G r Chidester, Richard Ne rf; and Eric Stewart; with responses provided by Ms. Satter... With no further comments received, President Younger closed the Hearing to the public; and opened for discussion with the Council... 06:40:25 Main Motion was made by Davis and seconded by Huddy... Comments and questions were provided by Davis; with responses provided by Ms. Satter... 06:45:30 Amending Motion was made by Wheeler and seconded by Davis... Comments and questions were provided by Wheeler; Daugs; Davis; Huddy; Sullivan; McDonald; Younger; Wheeler; Davis; Huddy; and Sullivan; with responses provided by Ms. Satter... 07:24:52 A-M/S/F (Wheeler/Davis) Move to amend the ordinance to incorporate the Planning Commission's recommendation to remove the owner occupancy requirements for ADUs by removing subsections (k) and (1) of BMC 20.46.010. Voted in favor of Amending Motion: Wheeler, Davis, Daugs Voted opposed to Amending Motion: McDonald, Huddy, Sullivan, Younger Amending Motion failed: 3 -Yes; 4 -No 07:25:57 M-M/S/C/U (Davis/Huddy) Move to pass Ordinance No. 5330 to amend Section 20.46.010 of the Bremerton Municipal Code regarding Accessory Dwelling Units. GENERAL BUSINESS 7A — ORDINANCE NO. 5331 TO AMEND CHAPTER 11.08 OF THE BREMERTON MUNICIPAL CODE (BMC) ENTITLED "SIDEWALK AND STREET FRONTAGE": Tom Knuckev, City Engineer, explained that the proposed revisions to the Bremerton Municipal Code allow the Director of Public Works & Utilities to enter into agreements with property owners to complete repairs to sidewalks, curb and gutters, curb ramps and driveway approaches that abut private property. These agreements are intended to allow the City to partner with property owners and share the cost of repairs when the City has determined pedestrian facilities abutting a property are hazardous or defective, and require repair or replacement. Other changes to Chapter 11.08 of the BMC clarify existing language. Comments from the public were provided by Roy Runyon and Marii Singleton; with responses provided by Mr. Knuckev... 07:33:08 Motion was made by Huddy and seconded by Davis... Comments were provided by Huddy, Davis; and Wheeler... 07:34:41 M/S/C/U (Huddy/Davis) Move to pass Ordinance No. 5331 to amend Chapter 11.08 of the Bremerton Municipal Code entitled "Sidewalk and Street Frontage". City Council Reg. Mtg. Minutes July 19, 2017 Page 4 of 5 7B — ACCEPTANCE OF THE LODGING TAX ADVISORY COMMITTEE'S RECOMMENDATIONS FOR FISCAL YEAR 2018: Council Member and Committee Chair Pat Sullivan presented the recommendations on behalf of the Lodging Tax Advisory Committee stating that the City of Bremerton anticipates approximately $830,000 in revenue will be available for distribution in Fiscal Year 2018. The Lodging Tax Advisory Committee (LTAC) received eighteen (18) requests for funding. Following the interview process, one request was withdrawn. Committee members reached consensus, and are recommending funding to 17 applicants and to continue the City of Bremerton's commitment to the Kitsap Conference Center and the Admiral Theatre Foundation. Recommended allocations include $315,000 for non-profit organizations. It is also recommended that $250,000 be allocated for operations at Kitsap Conference Center for 5 -years, and $95,000 for a one-time debt service payment. The City of Bremerton has a 50 -year commitment ending in 2040 with the Admiral Theatre Foundation for $90,000 per year, plus an additional $60,000 per year through 2017. The committee recommends that this additional funding commitment be continued through 2022 for a total allocation of $150,000. Finally, it is recommended that $20,000 (unallocated by the committee) be carried over as part of the beginning fund balance for Fiscal Year 2018. Comments from the public were provided by Roy Runyon; Brian Johnson (Admiral Theatre); Mike Walton (Kitsap Public Facilities District); Caroline Stein (Washington State Science & Engineering Fair); Dean Tingey (Kitsap County Historical Society & Museum); Sue Strachan (Olympic College Foundation, Kitsap Wine Festival); Mike Dodge (West Sound Art & Music Association, Ukulele Festival); and Nick Wofford (Bremerton Historic Ships Association). 07:48:45 Motion was made by Sullivan and seconded by Huddy... Comments and questions were provided by Sullivan; Huddy; Daugs; McDonald; and Wheeler; with responses provided by Mr. Lubovich and Christine Grenier, LTAC Support Staff... Council Member McDonald recused himself from the vote, because he sits on the Bremerton Historic Ships Association Board... Council Member Wheeler recused himself from the vote, because his wife Sunny sits on the Olympic College Foundation Board and the Kitsap County Historical Society Board... 07:54:30 M/S/C (Sullivan/Huddy) Move to accept the Lodging Tax Advisory Committee's recommendations as presented; and to include the allocations in the City of Bremerton's Fiscal Year 2018 Proposed Budget. Voted in favor of Motion: Huddy, Sullivan, Daugs, Davis, Younger Abstained: McDonald, Wheeler Motion carried: 5 -Yes; 2 -Abstentions COUNCIL MEMBER REPORTS Richard Huddy was pleased that the relocation of Harrison Hospital beds is being reconsidered; announced that the new Neighborhood Block Party application and guidelines are available online; shared that an electronic problem with the fast ferry that caused a few cancelled sailings should be resolved soon; commented on a parking enforcement situation involving a truck, boat, and trailer; enjoyed attended a Promotion Ceremony at the Fire Department on July 7; offered best wishes to Toni Yuly, author of children's book "Jellybean Tree"; announced that volunteers are needed for City Council Reg. Mtg. Minutes July 19, 2017 Page 5 of 5 Lions Park Weed Warriors and Work Parties; was impressed with the turnout for the Annual VW "Bug" Car Show next to Hi-Lo's 15th Street Cafe; reported on the YWCA "Walk a Mile in Her Shoes" event at Evergreen Rotary Park; was excited with the progress of the Marvin Williams Center currently being built; enjoyed the Annual Bremerton Central Lions Picnic, congratulating new "King Lion" Jim Lamb & his wife Jean; and recalled that the Rosetta Stone was found in 1799. Greg Wheeler invited volunteers to help with the next Kiwanis Park Work Party on Saturday, July 22 from 9:00 to 11:00 AM; and wished everyone a great week. Jerry McDonald added that the Marvin Williams Center Project may be completed in October; shared photos of the crane removing the "Eventide" that had sunk earlier by the Marina; announced the next "Rock the Dock" Concert on Saturday, July 22 from 5:00 to 10:00 PM featuring Longstride; and "Music in Manette" on Thursday, July 20 from 6:30 to 8:30 PM featuring Kim Archer. Leslie Daugs shared the schedule for the Summer Food Service Program for Children; announced the Back to School Fair & Fun Run will be on August 15 from 5:00 to 7:00 PM at Mountain View Middle School; and lastly, enjoyed attending Brewfest and Kitsap Pride Festival. Pat Sullivan announced the Washington Science & Engineering Fair will be held next year from March 23 to 24, 2018; and reported on several street projects now in progress in District 1. Eric Younger invited Public Works Director Chal Martin to discuss the "Safe Routes to Schools" Project being done near or around Kitsap Way. With no further business, President Younger adjourned the Council Meeting at 8:12 PM Prepared and Submitted by: CHRISTINE GRENIER Council Assistant APPROVED by the City Council on the 2nd day of August, 2017. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:ls:cg SUBJECT: Minutes of Study Session — July 26, 2017 AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7C Study Session Date COUNCIL MEETING Date Department Presenter Phone N/A August 2, 2017 City Council Council President (360) 473-5280 SUMMARY: Attached is the summary of the City Council Study Session on July 26, 2017. ATTACHMENTS: Meeting Minutes FISCAL IMPACTS (Include Budgeted Amount): N/A STUDY SESSION AGENDA: o No Presentation ❑ Full Presentation STUDY SESSION ACTION: o Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Consent Agenda as presented. COUNCIL ACTION: ❑ Approve ❑ Deny Form Updated 12/15/15 ❑ Table ❑ Continue ❑ No Action DIGITAL RECORDING CITY COUNCIL STUDY SESSION MINUTES Wednesday, July 26, 2017 A Study Session of the City Council of the City of Bremerton was called to order in the Council Conference Room of the NORM DICKS GOVERNMENT CENTER, 345 6t" Street, Bremerton, Washington, Wednesday, July 26, 2017, at 5:00 PM, with Council President Eric Younger presiding. Council Members present were Richard Huddy, Dino Davis, Greg Wheeler, Jerry McDonald, Leslie Daugs, and Pat Sullivan. Lori Smith, Legislative Assistant, was present to provide staff support. President Younger emphasized that the Study Session was open to the public but there would be no opportunities for input or participation; no action is anticipated; and the content of these items is subject to change. It was further announced that items approved by the Council will be placed on the August 2, 2017 Council Meeting Agenda or as indicated. A. NO PRESENTATION PLANNED — The following items are budgeted items or subjects that have been raised with the appropriate Council Committee Members... Public Works Agreement with MacDonald -Miller Facility Solutions of Tacoma, WA for replacement of the HVAC 50 -ton Bitzer Compact Screw Compressor at the Kitsap Conference Center Consent Agenda 2. Proposed Name Change from the Manette Playfield to Manette Park Consent Agenda • ark - - PFGjeGt Pulled - - - - - - - - 5. Professional Services Agreement with Parametrix for Engineering Services for the Manette Park Renovation Project Consent Agenda B. BRIEFINGS & FULL PRESENTATION Proposed Public Hearing on Ordinance to amend Chapter 17.04 of the Bremerton Municipal Code (BMC) entitled "City Building Code" for amendments to the 2015 Editions of the International Building Code and International Residential Code Public Hearing C. GENERAL COUNCIL BUSINESS o Other General Council Business was briefly discussed; including plans for the Public Safety & Parks Committee to have a future discussion on a program to increase ADU enforcement; and for the Council to have a discussion at the August 9 Study Session to consider an invitation to rejoin from the Kitsap Regional Coordinating Council. An update was also provided on the "Bremerton Crosswalks Project— Pedestrian Crossing of Kitsap Way at Harlow Avenue" by the Public Works Department, who also announced that they would be hosting a Community Meeting on Thursday, August 3 to address recent citizen concerns, as well as to provide with more information about the project. President Younger called a recess from 6:42 to 6:50 PM... At 6:50 PM he announced a 20 - minute Executive Session from 6:50 to 7:10 PM; that was extended for 15 -minutes from 7:10 to 7:25 PM; and then extended another 10 -minutes from 7:25 to 7:35 PM... City Council Study Session Minutes Wednesday, July 26, 2017 Page 2 of 2 D. EXECUTIVE SESSION 1. 45 -Minutes to discuss Pending Litigation under RCW 42.30.110(1)(i); and to consider a Real Estate Transaction under RCW 42.30.110 (1)(b) Information only President Younger announced that following adjournment of the Study Session, the Council would meet for an Exempt Closed Session to discuss Labor Negotiations and Proceedings under RCW 42.30.140 (4) (b) and that no action was anticipated. President Younger adjourned the Council Study Session at 7:35 PM. Prepared and Submitted by: LORI SMITH, Legislative Assistant APPROVED by the City Council on the 2nd day of August, 2017. Eric Younger, Council President ATTEST: Shannon L. Corin, City Clerk EY:SC:ls:cg AGENDA BILL CITY OF BREMERTON CITY COUNCIL 7D SUBJECT: Public Works Agreement with Study Session Date: July 26, 2017 MacDonald -Miller Facility Solutions of COUNCIL MEETING Date: August 2, 2017 Tacoma, WA for the Replacement of the Department: PW & U HVAC 50 -ton Bitzer Compact Screw Presenter: Wayne Hamilton Compressor for Kitsap Conference Center Phone: (360) 473-5207 SUMMARY: Request for proposals were prepared and solicited through the City's MRSC Small Works Roster program to four (4) large commercial HVAC contractors, and received in accordance with City Bid procedures. One (1) Bid was received. The low bidder is MacDonald -Miller Facility Solutions of Tacoma, Washington. This company is the original HVAC equipment installation contractor for the Conference Center/Harbor side Facility. ATTACHMENTS: 1) Bid Proposal from MacDonald -Miller Facility Solutions 2) Public Works Agreement FISCAL IMPACTS (Include Budgeted Amount): 2017 Conference Center Capital Improvements - $45,000.00. HVAC Unit Compressor Replacement. Project cost = $42,903.49 STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the low bid of MacDonald -Miller Facility Solutions in the amount of $42,903.49; and authorize the Mayor to finalize and execute the agreement with substantially the same terms and conditions as presented. COUNCIL ACTION: ❑ Approve Form Updated 01/07/15 ❑ Deny ❑ Table ❑ Continue ❑ No Action MacDonald -Miller FACILITY SQLUTIQNSa, We make buildings work better. May 23, 2017 Proposal # 17022R1 MP Chris Mottner City of Bremerton Facilities Division Bremerton, WA 98337 Address: Kitsap Conference Center 100 Washington Ave Bremerton, WA 98337 Subject: Kitsap Conference Center Mammoth Unit 50 -ton Compressor Replacement Dear Name Chris, MacDonald -Miller Facility Solutions is pleased to provide you with the following proposal to replace existing 50 ton BITZER Compressor. During survey of the compressor it was detected that the existing refrigeration was burnt due to possible compressor winding failure. This proposal will add a Suction Filter Core assembly to assist in cleaning up the existing refrigeration. The cost of R22 refrigeration is at $70 per pound to MacDonald -Miller and your existing Mammoth VCUBE unit has 180 gallons of refrigeration in the system. MacDonald -Miller will perform several acid washes and dryer filter change out to clean up the existing refrigeration. This process will impact the time needed to replace the compressor and ensure the longevity of a new compressor. This proposal will include alternative pricing showing the City of Bremerton purchasing the BITZER 50 -ton Compressor and handling the CORE change out. INCLUSIONS • Safe Off/Lock Out/Tag Out electrical connections and refrigeration for Mammoth Unit. • Vacuum/remove refrigeration for compressor change out. • Demo/remove existing BITZER 50 -ton compressor, and prepare for shipping to BITZER for core reimbursement. • Provide/install (1) BITZER Compressor o Model CSH6553-50-4PU o Compact Screw Compressor • Provide/install rigging/chain fall for removal/install of existing/new compressor. • Provide/install (1) ball valve for future filter/compressor change out. • Provide/install (1) Suction Filter Kit Assembly. • Provide several acid washes of core refrigeration system for cleaning of refrigeration. • Provide/install dryer filters changes during acid washing of refrigeration • Provide/include system neutralizers for refrigeration system. • Provide/include acid testing kits. • Provide/install oil changes for new compressor. • Provide/install new contactor for new compressor. • Provide start-up of new compressor. macmiller.com 1-800-962-5979 WASHINGTON & OREGON. MacDonald -Miller FACILITY SQLUTIQNSa, We make buildings work better. Proposal # 17022R1 MP Page 2 INCLUSIONS CONTINUED • Trade Supervision, Project Management, and site clean-up. • 1 Year Warranty Alternate Pricing Inclusions • Above listed inclusions except purchase of BITZER Compressor o Compressor purchase handled by City of Bremerton o Warranty for Compressor handled by City of Bremerton ASSUMPTIONS/CLARIFICATIONS • It is expected that a clear schedule will be laid out and agreed on based on the owner's expectations. • It is assumed that all work will be performed during normal business hours (regular shift). • It is assumed that existing refrigeration will be cleaned up and reused. This proposal does not include a complete system replacement of R22 refrigeration. • To clarify if City of Bremerton decides to purchase the BITZER Compressor, MacDonald - Miller will not warranty the new compressor. • It is noted that the cause of the compressor burn out might have been caused by short cycling of the unit. MacDonald -Miller recommends that a controls review takes place to review current set points for the Mammoth unit. EXCLUSIONS • Washington State Sales Tax • Structural upgrades, if necessary. • After hours or weekend work — overtime labor rates • New R-22 Refrigeration for complete system of AHU-2 • Mechanical Engineering -Permits • Structural Review • All fire sprinkler, smoke control and fire alarm scope. • Engineering for existing system evaluation & redesign. • Repair or replacement of all other equipment or systems not mentioned in this proposal. • Warranty, upgrade or repairs to existing Mechanical system or equipment not specifically outlined in this proposal • Building modifications that may be required by local officials for code compliance or upgrades. • Any scope not referenced above PRICING Total base price per above scope description...............................................................................$25,217.00 Alternate pricing City of Bremerton purchasing BITZER Compressor price per above scope description..........................................................................................................................................$14,144.00 macmiller.com 1-800-962-5979 WASHINGTON & OREGON. MacDonald -Miller FACILITY SQLUTIQNSa, We make buildings work better. Proposal # 17022R1 MP Page 3 Thank you again for the opportunity to provide you with this proposal. If you should have any questions or should require further information, please don't hesitate to contact me @ (253) 680-3166. Thank you, �_14�.p6L�4 Mitch Powell Account Manager Anticipated starting date: Based on Approval Upon which this proposal is based. This proposal does not include, unless so stated, any applicable state or federal taxes. This proposal is subject to acceptance by purchaser within 30 days and subject to the terms and conditions stated on the following and completion date: Based on Approval MACDONALD-MILLER FACILITY SOLUTIONS, INC. Submitted by: Mitch Powell, Account Manager page. Acceptance: I agree to the terms hereof and acceptance of this agreement. Purchaser By macmiller.com 1-800-962-5979 WASHINGTON & OREGON. Date PUBLIC WORKS AGREEMENT THIS AGREEMENT, is entered into between the City of Bremerton, a Washington Municipal Corporation ("City"), and MacDonald — Miller Facility Solutions ("Contractor"), whose mailing address is 2500 S. Holgate Street, Tacoma, WA 98402. The parties agree as follows: 1. CONTRACTOR SERVICES. The Contractor shall perform the following services for the City: Replacement of faulty HVAC 50 -ton Bitzer Compact Screw Compressor and all associated work to provide a completed project and warranty, per City project specifications and Contractor Proposal # 17022R1 MP. To the extent that the terms of Contractor's Proposal #17022R1 MP conflict with this Agreement, this Agreement shall control. 2. TIME OF COMPLETION. Contractor shall complete the work within 60 calendar days from the date of issuance of the City's Notice to Proceed. 3. COMPENSATION. The City shall pay the Contractor the total amount of $ 39,361.00, plus any applicable Washington State Sales Tax, for the work and services contemplated in this agreement. The Contractor shall invoice the City monthly. The City will pay for the portion of the work described in the invoice that has been completed by the Contractor and approved by the City. The City payment shall not constitute a waiver of the City's right to final inspection and acceptance of the project. A. Performance Bond. Pursuant to Chapter 39.08 RCW, the Contractor, shall provide the City a performance bond for the full contract amount to be in effect until sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor and Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. B. Retainage. The City shall hold back a retainage in the amount of five percent (5%) of any and all payments made to contractor for a period of sixty (60) days after the date of final acceptance, or until receipt of all necessary releases from the State Department of Revenue and the State Department of Labor & Industries and until settlement of any liens filed under Chapter 60.28 RCW, whichever is later. C. Defective or Unauthorized Work. The City reserves its right to withhold payment from Contractor for any defective or unauthorized work. Defective or unauthorized work includes, without limitation: work and materials that do not conform to the requirements of this agreement; and extra work and materials furnished without the City's written approval. If PUBLIC WORKS AGREEMENT — Page 1 of 8 (between City of Bremerton and MacDonald - Miller) Contractor is unable, for any reason, to satisfactorily complete any portion of the work, the City may complete the work by contract or otherwise, and Contractor shall be liable to the City for any additional costs incurred by the City. "Additional costs" shall mean all reasonable costs, including legal costs and attorney fees, incurred by the City beyond the maximum Contract price specified above. The City further reserves its right to deduct the cost to complete the Contract work, including any Additional Costs, from any and all amounts due or to become due the Contractor. D. Final Payment: Waiver of Claims. THE MAKING OF FINAL PAYMENT (EXCLUDING WITHHELD RETAINAGE) SHALL CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE AND IDENTIFIED BY CONTRACTOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT IS MADE. 4. INDEPENDENT CONTRACTOR. Contractor is and shall be at all times acting as an independent contractor and not as an employee of the City. The Contractor shall secure at its expense, and shall be responsible for all payments of income tax, social security, state disability insurance compensation, unemployment compensation, and all other payroll deductions for the Contractor, officer, agents, employees and sub -contractors. The Contractor shall also secure all applicable business licenses, if required, in connection with the contract services, including all required licenses for Contractor's officers, agents, employees and sub- contractors. 5. TERMINATION. The City may terminate this agreement for good cause. "Good cause" shall include, without limitation, any one or more of the following events: A. The Contractor's refusal or failure to supply a sufficient number of properly skilled workers or proper materials for completion of the Contract work. B. The Contractor's failure to complete the work within the time specified in this agreement. C. The Contractor's failure to make full and prompt payment to subcontractors or for material or labor. D. The Contractor's persistent disregard of federal, state or local laws, rules or regulations. E. The Contractor's filing for bankruptcy or becoming adjudged bankrupt. If the City terminates this agreement for good cause, the Contractor shall not receive any further monies due under this agreement until the Contract work is completed. PUBLIC WORKS AGREEMENT — Page 2 of 8 (between City of Bremerton and MacDonald - Miller) 6. PREVAILING WAGES. Contractor shall file a "Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor & Industries prior to commencing the Contract work. Contractor shall pay prevailing wages and comply with Chapter 39.12 of the Revised Code of Washington, as well as any other applicable prevailing wage rate provisions. The latest prevailing wage rate revision issued by the Department of Labor and Industries is attached. 7. CHANGES. The City may issue a written work change directive for any change in the Contract work during the performance of this agreement. If the Contractor determines, for any reason, that a change order is necessary, Contractor must submit a written change order request to the City's project manager within two (2) business days of the date the Contractor knew or should have known of the facts and events giving rise to the requested change. If the City determines that the change increases or decreases the Contractor's costs or time for performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach agreement with the Contractor on all equitable adjustments. However, if the parties are unable to agree, the City will determine the equitable adjustment as it deems appropriate. The Contractor shall proceed with the change order work upon receiving a written work change directive or change order from the City. If the Contractor fails to require a change order within the time allowed, the Contractor waives its right to make any claim or submit subsequent change order requests for that portion of the contract work. If the Contractor disagrees with the equitable adjustment the Contractor must complete the change order work; however, the Contractor may elect to protest the adjustment as provided below: A. Procedure and Protest by the Contractor. If the Contractor disagrees with anything required by a work change directive or change order, including any direction, instruction, interpretation, or determination by the City, the Contractor shall: 1. Immediately give a signed written notice of protest to the City; 2. Supplement the written protest within fourteen (14) calendar days with a written statement that provides the following information: a. The date of the Contract's protest. b. The nature and circumstances that caused the protest. C. The provisions in this agreement that support the protest. d. The estimated dollar cost, if any, of the protested work and how that estimate was determined. e. An analysis of the progress schedule showing the schedule change or disruption if the Contractor is asserting a schedule change or disruption. The Contractor shall keep complete records of extra costs and time incurred as a result of the protested work. The City shall have access to any of the Contractor's records needed for evaluating the protest. PUBLIC WORKS AGREEMENT — Page 3 of 8 (between City of Bremerton and MacDonald - Miller) 3. The City will evaluate all protests, provided the procedures in this section are followed. If the City determines that a protest is valid, the City will adjust payment for work or time by an equitable adjustment. No adjustment will be made for an invalid protest. B. Contractor's Duty to Complete Protested Work. In spite of any protest, the Contractor shall proceed promptly with the work as the City has ordered. C. Contractor's Acceptance of Changes. The Contractor accepts all requirements of a change order by: (1) endorsing it, (2) writing a separate acceptance, or (3) not protesting in the way this section provides. A change order that is accepted by Contractor as provided in this section shall constitute full payment and final settlement of all claims for contract time and for direct, indirect and consequential costs, including costs of delays related to any work, either covered or affected by the change. D. Failure to Protest Constitutes Waiver. By not protesting as this section provides, the Contractor also waives any additional entitlement and accepts from the City any written order (including directions, instructions, interpretations, and determination). E. Failure to Follow Procedures Constitutes Waiver. By failing to follow the procedures of this section, the Contractor completely waives any claims for protested work and accepts form the City any written order (including directions, instructions, interpretations, and determination). 8. CLAIMS. The Contractor shall give written notice to the City of all claims other than change orders within fourteen (14) calendar days of the occurrence of the events giving rise to the claims. Any claim for damages, additional payment for any reason, or extension of time, whether under this agreement or otherwise, shall be conclusively deemed to have been waived by the Contractor unless a timely written claim is made in strict accordance with the applicable provisions of this agreement; or, if (and only if) no such provision is applicable, unless that claim is set forth in detail in writing and received by the City within seven (7) calendar days from the date Contractor knew, or should have known, of the facts giving rise to the claim. At a minimum, a Contractor's written claim must include the information set forth regarding protests in Section 7.A.2.a.-e. FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED BY THAT DELAY. Contractor must, in any event, file any claim or bring any suit arising from or connected with this agreement within 120 calendar days from the date the contract work is complete. PUBLIC WORKS AGREEMENT — Page 4 of 8 (between City of Bremerton and MacDonald - Miller) 9. WARRANTY. The Contractor shall correct all defects in workmanship and materials within one year from the date of the City's acceptance of the Contract work. When defects are corrected, the warranty for that portion of the work shall extend for one year form the date such correction is completed and accepted by the City. The Contractor shall begin to correct any defects within seven (7) calendar days of its receipt of notice from the City of the defect. If the Contractor does not accomplish the corrections within a reasonable time, the City may complete the corrections and the Contractor shall pay all costs incurred by the City in order to accomplish the correction. 10. INDEMNIFICATION. Contractor shall defend, indemnify and hold the City, its officer, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits including all legal costs and attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the City's sole negligence. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the 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 CONSTITUTES THE CONTRACTOR'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSE OF THIS INDEMNIFICATION. THE PARTIES ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. The provisions of this section shall survive the expiration or termination of this agreement. 11. INSURANCE. The Contractor shall procure and maintain for the duration of this agreement insurance of the types and in the amounts described below against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work by the Contractor, its agents, representative, employees, subconsultants or subcontractors. Before beginning work on the project described in this agreement, the Contractor shall provide a Certificate of Insurance evidencing: PUBLIC WORKS AGREEMENT — Page 5 of 8 (between City of Bremerton and MacDonald - Miller) 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU); and employer's liability. 3. Excess Liability insurance with limits not less than $1,000,000 per occurrence and aggregate. Any payment of deductible or self insured retention shall be the sole responsibility of the Contractor. The City, its officials, employees, agents and volunteers shall be named as an additional insured on the insurance policy, as respects work performed by or on behalf of the Contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance. The Contractor's insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary and non-contributory insurance as respects the City and shall contain a waiver of subrogation against the City for claims arising out of any operations, liabilities and obligations to which coverage applies. It shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 345 6 t Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City reserves the right to receive a certified copy of all the required insurance policies. 12. MISCELLANEOUS. A. Nondiscrimination. In the hiring of employees for the performance of work under this Agreement or any sub -contract hereunder, the Contractor, its sub -contractors, or any person acting on behalf of such Contractor or sub -contractor shall not, by reason of race, religion, color, sex, national origin, or the presence of any sensory, mental, physical disability, or PUBLIC WORKS AGREEMENT — Page 6 of 8 (between City of Bremerton and MacDonald - Miller) sexual orientation discriminate against any person who is qualified and available to perform the work to which the employment relates. B. Compliance with Laws. Contractor shall comply with all federal, state and local laws, rules and regulations throughout every aspect in the performance of this agreement. C. Work Performed at Contractor's Risk. Contractor shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of this agreement. All work shall be done at 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. D. Nonwaiver of Breach. The failure of the City to insist upon strict performance of any of the terms and rights contained herein, or to exercise any option herein conferred in one or more instances, shall not be constructed to be a waiver or relinquishment of those terms and rights and they shall remain in full force and effect E. Governing_Law. ThLaw. This agreement shall be governed and construed in accordance with the laws of the State of Washington. If any dispute arises between the City and Contractor under any of the provisions of this agreement, resolution of that dispute shall be available only through the jurisdiction, venue and rules of the Kitsap County Superior Court, Kitsap County, Washington. F. Attorney's Fees. To the extent not inconsistent with RCW 39.04.240, in any claim or lawsuit for damages arising from the parties' performance of this agreement, each party shall be responsible for payment of its own legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit; however, nothing in this subsection shall limit the City's right to indemnification under Section 10 of this agreement. G. Written Notice. All communications regarding this agreement shall be sent to the parties at the addresses listed on the signature page of this agreement, unless otherwise notified. Any written notice shall become effective upon delivery, but in any event three (3) calendar days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated on this agreement. H. Assignment. Any assignment of this agreement by the Contractor without the written consent of the City shall be void. I. Modification. No waiver, alteration, or modification of any of the provisions of this agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Contractor. J. Severability. If any one or more sections, sub -sections, or sentences of this agreement are held to be unconstitutional or invalid, that decision shall not affect the validity PUBLIC WORKS AGREEMENT — Page 7 of 8 (between City of Bremerton and MacDonald - Miller) of the remaining portion of this agreement and the remainder shall remain in full force and effect. K. Entire Agreement. The written provisions and terms of this agreement, together with any attached Exhibits, supersede all prior verbal statements by any representative of the City, and those statements shall not be construed as forming a part of or altering in any manner this agreement. This agreement and any attached Exhibits contain the entire agreement between the parties. Should any language in any Exhibit to this agreement conflict with any language contained in this agreement, the terms of this agreement shall prevail. IN WITNESS WHEREOF, the parties below have executed this agreement. CONTRACTOR Print Name: Title: DATE Notices to be sent to: CONTRACTOR: R:\LEGAL\Contracts\FORMS\ShortFonn.PW.Agr.doc PUBLIC WORKS AGREEMENT — Page 8 of 8 (between City of Bremerton and MacDonald - Miller) THE CITY OF BREMERTON Print Name: Title: DATE Notices to be sent to: CITY OF BREMERTON: Bremerton, WA (360) (360) (facsimile) APPROVED AS TO FORM: Bremerton City Attorney ATTEST: Bremerton City Clerk AGENDA BILL CITY OF BREMERTON 7E CITY COUNCIL SUBJECT: Proposed Name Change of Study Session Date: July 26, 2017 Manette Playfield to Manette Park COUNCIL MEETING Date: August 2, 2017 Department: Presenter: Phone: Parks & Recreation Jeff Elevado (360) 473-5428 SUMMARY: With assistance from private donations and state grants, Manette Playfield will soon be improved with a picnic shelter, new restroom, multi -use sports court, updated play area, walking paths, new sports field lighting, benches and landscape beautification. In light of these planned improvements, a name change to Manette Park is more descriptive of the facilities' current and future use. The Bremerton Parks and Recreation Commission voted unanimously to recommend the name change from Manette Playfield to Manette Park at their June 27th, 2017 meeting. ATTACHMENTS: Minutes of June 26th, 2017 Parks & Recreation Commission meeting FISCAL IMPACTS (Include Budgeted Amount): New park signage included in grant funding. STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to change the name of Manette Playfield to Manette Park to more accurately recognize its improved value to residents. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 BREMERTON PARKS & RECREATION COMMISSION REGULAR BUSINESS MEETING Minutes of June 27th, 2017 Attendance: Shayna McKinnon, Tim Baker, Pat Watson, Ben Burnette, Dave Hedger and Elizabeth Wrenn Staff: Jeff Elevado and Colette Berna I. Meeting Called to Order at 6:16 p.m. by Chairperson McKinnon (Meeting held after ceremonial ribbon cutting at Pendergast Dog Park) II. Approval of Minutes: A motion was made to approve the minutes of the May 23rd, 2017 meeting. Baker/Hedger (M/S/U) III. Public Comment: N/A IV. Business Items: 1) Clam Island Rowing Club Presentation Dane Sellers with Clam Island Rowing presented proposal to move adult and youth rowing program from Silverdale Waterfront Park to Evergreen Rotary Park. Current location not suitable due to wind exposure resulting in waves building up in Dyes Inlet which prevents club from getting out on water over 50% of the time. After reviewing NAD Marine, Evergreen Rotary Park, and Lions Park, Evergreen Rotary Park was chosen as the preferred location. The program would need approximately 80' x 30' of fenced -in boat storage area and proposed locating it at south end of park near concrete block anchoring guy wires (which is currently enclosed with fencing with unsightly blackberry so an improvement to this area is already needed). Clam Island would pay for installation and insurance; Parks & Recreation Dept. would provide advertising in quarterly newsletter/website and opportunities to enhance community involvement. Mr. Sellers also summarized benefits of rowing which would bring a unique and culturally rich sport to Bremerton. A motion was made to approve the Clam Island Rowing proposal to be located at Evergreen Rotary Park and recommended Staff coordinate with Clam Island Rowing to mitigate visual impacts of boat storage area in park. Baker/Wrenn (M/S/U) 2) Renaming Manette Playfield Director Elevado described how city parks were first established primarily as open lawn areas for athletics and called "Playfields". Lately as parks have been renovated with a diverse mix of amenities (i.e picnic shelters, playgrounds, restrooms, etc.) we've changed the official name from "Playfield" to "Park" to reflect this diverse use. (Recent examples include both Lions and Kiwanis which changed from "Playfield" to "Park".) A motion was made to recommend to City Council that Manette Playfield be changed to Manette Park. Hedger/Watson (M/S/U) V. Staff Reports: Jeff Elevado — Director 1) Provided update to organizational structure after two recent retirements with internal promotion opportunities for staff to move up to Parks Service Specialist Senior, new hiring of Park Laborers and special assignment of Steve Mutek (former Parks Maintenance Manager) to fill vacated role of Parks Maintenance Supervisor. 2) Programs & Events • Provided summary of United Way Day of Caring held on Friday, June 23rd @ NAD Park. • Provided summary of So All May Play held on Saturday, June 24th @ Evergreen Rotary Park Beyond Accessible Playground. Colette Berna — Parks Preservation and Development Manager • Provided update of Manette Park Renovation Project. Awaiting legislature to pass budget which includes $750k of grant funding for project. Advertised request for Statement of Qualifications for civil/geotech/structural engineering services. Currently negotiating contract with Parametrix. Held fourth Playground Design Committee meeting on June 15th and developed different color schemes for playground. • Provided update of Lions Park Playground Enhancement project. Completed new play area perimeter curbing and prepping site for new equipment. New equipment posts scheduled to be installed 2nd week of August and anticipate completion/dedication by early September. • Progress on Urban Forest Management Plan (funded by Washington State Dept. of Natural Resources) currently on hold until legislature passes budget. VI. Commissioner's Comments: Commissioner Hedger provided update on fundraising for Manette Park which includes additional brick sales and fundraising from the Kitsap Great Give totaling over $92k! Brick sales will continue beyond the park's renovation. Chairperson McKinnon provided update on work parties performed by the Forest Ridge Stewardship Group and thanked Department for improvements to dog park. Commissioner Burnette noted that Haborside Fountain Park's electrical outlets (used for holiday lighting) are currently not on. Director Elevado said the marine environment is problematic (if outlets get wet breaker tends to shut down) and will look into it. Commissioner Wrenn noted that the stairs leading down to boardwalk has a chuck of concrete missing from one stair tread. VII. Adjournment: Chairperson McKinnon adjourned the meeting at 7:40 p.m. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Agreement with Parametrix for Engineering Services for the Manette Park Renovation Project 7F Study Session Date: July 26, 2017 COUNCIL MEETING Date: Auaust 2. 2017 Department: Presenter: Phone: Parks & Recreation Jeff Elevado (360) 473-5428 SUMMARY: A Request for Qualifications (RFQ) was advertised on June 5, 2017 for the engineering consultant selection for the Manette Park Renovation Project. One submittal was received. ATTACHMENTS: 1) Professional Services Agreement 2) Exhibits A, B, and C; and Project Graphics FISCAL IMPACTS (Include Budgeted Amount): Budget Adjustment to increase the 2017 Parks Capital Construction Fund by $70,000 for engineering services and permitting. Funds transferred from the General Government Capital Improvement Fund (REET). STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑x Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Agreement between the City of Bremerton and Parametrix in an amount not to exceed $56,558.00; authorize the Mayor to finalize and execute the agreement with the same terms and conditions as presented; and authorize a Budget Adjustment to transfer $70,000 from the General Government Capital Improvement Fund and increase the 2017 Parks Capital Construction Fund Revenue and Expenditure Budgets by $70,000 respectively. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 PROFESSIONAL SERVICES AGREEMENT Engineering Services for Manette Park Renovation Project The City of Bremerton ("City") and Parametrix ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: L Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated July 11, 2017, 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.H of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. II. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed as provided for in the work schedule attached hereto as Exhibit B; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in Section IKA of this agreement. III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed $56,558.00. Consultant's charges and bills shall conform to the fee schedule attached hereto as Exhibit C and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof. The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit C. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit C. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/Parametrix Rev. 8/15 Engineering Services for Manette Park Renovation Project Page 1 of 7 IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. V. Indemnification: A. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement except for that portion of the injuries and damages caused by the City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below. 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. B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY Bremerton/Parametrix Rev. 8/15 Engineering Services for Manette Park Renovation Project Page 2 of 7 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: The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub -consultants or sub -Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate of Insurance evidencing: 1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liability insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liability insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims -made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and it shall be an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473- Bremerton/Parametrix Rev. 8/15 Engineering Services for Manette Park Renovation Project Page 3 of 7 5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management, 3456 th Street, Suite 600, Bremerton, WA 98337 within two days of the cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall be construed to be a breach of this Agreement. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. VII. General Conditions: A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bremerton, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Use of Photographs and Images. Consultant shall not use or distribute photographs or images depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City without prior written consent of the City. The City will not unreasonably withhold its consent. D. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. Bremerton/Parametrix Rev. 8/15 Engineering Services for Manette Park Renovation Project Page 4 of 7 All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. E. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bremerton, Washington. Meetings with the City staff as described in Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. F. 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. G. Severability: Should any part of this Agreement be found void, the balance of the Agreement shall remain in full force and effect. H. Modification: This Agreement may only be modified by written instrument signed by both Parties. I. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address 680 Lebo Blvd. 60 Washington Ave. 9390 Bremerton, WA. Bremerton, WA. ORI 1(1 0R'll7 J. 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. K. 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. L. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. M. 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. Bremerton/Parametrix Rev. 8/15 Engineering Services for Manette Park Renovation Project Page 5 of 7 N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. O. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, 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, terminated by written instrument upon mutual consent, or by the City of Bremerton for convenience. This Agreement may be immediately terminated for cause by a Party if the other Party substantially fails to perform through no fault of the terminating Party, and the non- performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion of the work, the City may summarily terminate this Agreement. A. Excusable Delay The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. Bremerton/Parametrix Engineering Services for Manette Park Renovation Project Page 6 of 7 Rev. 8/15 X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Consultant shall provide immediate written notice to the City if at any time it learns that it is or has become ineligible for certification. Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends to do business is not debarred, suspended, ineligible, excluded or disqualified. CITY OF BREMERTON CONSULTANT By: By:_ its: its:_ Date: Date: Approved as to form: Bremerton City Attorney R:\Legal\Legal\Contracts\FORMS\Professional Services Agreement Form (2015)-2.doc Bremerton/Parametrix Engineering Services for Manette Park Renovation Project Page 7 of 7 Attest: City Clerk Rev. 8/15 EXHIBIT A — SCOPE OF WORK City of Bremerton Manette Park Renovation INTRODUCTION This exhibit presents Parametrix's proposed scope of work (SOW) for preparation of construction plans, specifications, and engineers estimate (PS&E) for the Manette Park Renovation project. The work will consist mainly of developing the City's existing 30% design into bid set construction documents. A proposed schedule for the work is provided in Exhibit B and our proposed budget is attached as Exhibit C. The following tasks are associated with this SOW: Task 1 — Project Management and Meetings Objective Obtain project data; monitor and manage scope, schedule, and budget; and periodically meet with the City and other members of the design team to review project status. Activities The following activities are associated with this task: • Schedule, prepare for, attend, and document up to two project meetings that will include the Consultant and City staff. • Manage and direct the project technical team. • Provide routine project management and communications (scope, schedule, budget, invoicing, etc.). • Prepare monthly progress reports and progress billings and submit to the City for approval and payment. The monthly report will include: A narrative of the work performed and the tasks to be performed in the next reporting period and, if necessary, explanation of delays, problems, responsive action requirements by the Consultant and the City, and other project needs. Deliverables The following deliverables will be prepared: • Routine correspondence and monthly progress reports. • Meeting agendas and notes. Assumptions The following assumptions apply to this task: • Design deliverables review meetings will be attended by the Parametrix project manager. City of Bremerton 234-1896-870 Manette Park Renovation I July 11, 2017 Scope of Work • Project duration will be 13 months (August 2017 through September 2018). Task 2 — 30 Cost Estimate and 60% Plans, Specifications and Estimates (PS&E) Objective Prepare 30% cost estimate, and 60 % PS&E for the project. Activities The following activities would be performed as part of this task: • Develop 30% cost estimate using City's 30% design to vet cost assumptions and evaluate budget. • Prepare 60% design plans. • Prepare a 60% cost estimate. • Prepare 60% special provisions. Deliverables The following deliverables are associated with this task: • 60% - the proposed plan sheets to be delivered for this task are listed in the budget spreadsheet in Exhibit C. • 30% and 60% cost estimates. • 60% special provisions. • Two hard copies and one PDF set of all plans (on 11"x17"), special provisions, and cost estimates at each design stage. • AutoCAD and PDF files of all drawings and documents provided on CD. Assumptions The following assumptions are associated with this task: • The total number of plan sheets for the design is 15 as shown in Appendix C. • Structural designs for the Romtec restroom, Redi-Rock retaining walls, and sports field lighting (Musco Lighting) will be provided by each respective vendor, including plans stamped by a Washington State licensed professional engineer. Parametrix will provide layout plan and profile plans for the Redi-Rock retaining walls. • Landscape and irrigation design will be by the City. • Special provisions and all drawings will follow WSDOT format • Bid schedule will be structured to provide major items as lump sum. The intent is to minimize the need to measure unit items as the City will not be providing full time field observation. City of Bremerton 234-1896-870 Manette Park Renovation 2 July 11, 2017 Scope of Work Task 3 — 90%, 100% and Bid Set (PS&E) Objective Prepare 90%, 100%, and Bid Set PS&E for the project. Activities The following activities would be performed as part of this task: • Develop final engineering plans from the existing 60% plans. • Prepare a cost estimate at each deliverable stage. • Prepare special provisions at each deliverable stage. • Prepare contract documents for the 90% 100%, and Bid Set deliverables packages. Deliverables The following deliverables are associated with this task: • 90%, 100% and Bid Set Plans - the proposed plan sheets to be delivered for this task are listed in the budget spreadsheet in Exhibit C. • 90%, 100%, and Bid Set cost estimates. • 90%, 100%, and Bid Set contract documents. • Two hard copies and one PDF set of all plans (on 11"x17"), special provisions, and cost estimates at each design stage. • AutoCAD and PDF files of all drawings and documents provided on CD. Assumptions The following assumptions are associated with this task (in addition to the assumptions made under Task 2): • The total number of plan sheets for the design is fifteen as shown in Appendix C. • City will perform bid advertisement, provide all additional document reproduction and pay fees for advertisements and reproduction. • Special provisions and all drawings will follow WSDOT format. • No bid set addenda will be required during bidding. Task 4 — Subconsultants Objective Procure, manage and direct subconsultants to perform the work described herein. City of Bremerton 234-1896-870 Manette Park Renovation 3 July 11, 2017 Scope of Work Activities The following activities may be associated with this task: • Retain Shannon & Wilson, Inc. of Seattle to perforin appropriate geotechnical studies for the project. Deliverables The following deliverables will be prepared: • Draft and final geotechnical report. Assumptions The following assumptions apply to this task: • Shannon & Wilson will install three soil borings at select locations using a truck mounted drill rig. • The geotechnical report will contain recommendations for the redi-rock retaining walls, light pole foundations, and restroom thickened slab. Task 5 — Directed Services (Work under this task will require prior written authorization from the City.) Objective Provide additional technical services as requested and authorized in writing by the City. Activities The following activities may be associated with this task: • Additional studies, engineering services during construction, and/or construction management support City. Deliverables The following deliverables will be prepared: • As requested by the City. Assumptions The following assumptions apply to this task: • Work under this task will require prior written authorization from the City. City of Bremerton 234-1896-870 Manette Park Renovation 4 July 11, 2017 Scope of Work EXHIBIT B - SCHEDULE Work Element Completed By Notice to Proceed August 2, 2017 30% Cost Estimate (2 weeks) August 21, 2017 60% PS&E (8 weeks) October 16, 2017 90% PS&E (6 weeks) November 27, 2017 100% PS&E (6 weeks) January 8, 2018 BID SET PS&E (6 weeks) February 19, 2018 Construction May — July 2018 Project Closeout September 30, 2018 NOTE: The assumed turnaround time for City review of deliverables is 1 week. City of Bremerton 234-1896-870 Manette Park Renovation J July 11, 2017 Scope of Work w F- LU w G a a a ri7 U F U �n o EA In o fA rn v EA m co EA �n �n EA co m EA co co EA N EA N EA co EA co EA �n �n EA co co EA v EA � � r - m (f -J m r- N N W F S c0 CO c0 N c0 N W N N N = U N Q] O co O D (0 d j J O N m N r Q � – U `m LL S co V co o » o d N Q U U N � c0 c0 c0 c0 c0 c0 N N N V c0 N U � U N r N V c0 00 �a w 0 � m � w � m v W � j r EA a Q � o r2 N W Q � � � U m o a ca m� w m r m m W � � a C (O O m 76 y II N 76 y N II LL Q F q N - O � O N m � O E m W N 0 rn 'm .� � -59 0 .� U Cn o6 �-.6o6 U N d o U N Oi d W d o 'm E2 m co co o — — — (6 —m (6 o II m a N (6 m �' y '0 6 N W .- p o o N J > - E O d U Cn W Z U CO W O) N C7 O) N C7 (6 d Q= o 0 O D oCj O D ozj O U O o N U O �' N o N U — : U U O Q N d — O L N 10 �O Q U 0 o ;_. 11J 0 o N e O N J > Cg p _ O E N d U co W o Z U co W (6 O) m C7 Z F O F a S Z Z W m H m co e D F F x( cp � Y F M a M w M N U Q S a w w O D � co 2 F- LU � � < a rml 2 @ U ED 2 \ / - - - - - - - - - - - - - _ k _ j) e e R a a== R R 2§§ ){ / ° / co co ~ f`) Z - - � - - - ® S , a _ - � u - - w § _ _ - 16 a E2 e \ ) ) - ( _ } ) ) ) ) ) } ( a) j 01 \ § § E ) G$ / e : } ƒ CP / co ED m o a :a= - - Y v 0Cc §/ \E / Ix 2 \jƒ Z\\ § $EE \E\ 2S%2 -- } 2 \\ k \\ /-0 / \) � _\\ƒ�) - �- 2 LM 0- ®&0) - - &ƒ\\ ) \\ � 0 �2g:s$e2): -,-`.—> zr «/\\ƒ 7 \\] !u 2/!7J®e%«Z _=«%9=\)__-/2£!a\ 2- z\ « �J»ƒa\)/�/ x}7&327:/j}-253&2 o±§e2)o§�«!e=, // �sl-e,ID8 -4a&±oe a3�Jsb —04) 3=-,t= -E Lo 20� L6 a(ze3ta3�! v. �$$3/%\/@3gE±(2// ¥*�e%3$*G a &�=230&\%0-2{9 �\ �f4\§�44}}}/}J/f}:}.2\//tea § m F, il 1 1N343-- SNOIlI4NOD ONIISIX3 - 4131JAVId 3113NVW AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Approve Ordinance No. 5332 to amend BMC Chapter 17.04 entitled "City Building Code" for amendments to the 2015 Editions of International Building and Residential Codes Study Session Date: July 26, 2017 COUNCIL MEETING Date: Auaust 2. 2017 Department: DCD Presenter: Jeannie Vaughn Phone: (360) 473-5212 SUMMARY: The action before the Council is to conduct a public hearing to pass an ordinance amending BMC 17.04 for amendments to 2015 editions of the International Building Code and International Residential Code, as amended by the Washington State Building Code Council or published by the International Code Council. ATTACHMENTS: A. Staff Memorandum B. Ordinance No. 5332 FISCAL IMPACTS (Include Budgeted Amount): None STUDY SESSION AGENDA: ❑ No Presentation 0 Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business o Public Hearing RECOMMENDED MOTION: Move to pass Ordinance No. 5332 to amend Chapter 17.04 of Bremerton Municipal Code entitled "City Building Code" for amendments to the 2015 Editions of the International Building and Residential Codes. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 MEMORANDUM CITY OF BREMERTON, DEPARTMENT OF COMMUNITY DEVELOPMENT TO: CITY COUNCIL FROM: JEANNIE VAUGHN, BUILDING OFFICIAL SUBJECT: AMENDMENTS OF CITY BUILDING CODE DATE: JUNE 6, 2017 Two amendments to the Bremerton Municipal Code (BMC) 17.04, the City Building Code, are proposed to add clarity regarding foundation drains and to provide public benefit to the City by allowing balconies over the right-of-way at a height of 10 feet. The first amendment to the International Building Code will allow a balcony with a depth of 4 feet to be constructed 10 feet high over the sidewalk in the Downtown Regional Center zones which include the Downtown Waterfront and Downtown Core. These zones require weather protection over the pedestrian walkway of at least 4 feet that extends at least 50% along the front fagade. The weather protection typically consists of awnings, canopies, or arbors, which the City Building Code supports. However, the building code language only allows a balcony to project 1 inch for every inch of height above 8 feet, which would allow a balcony projection of only 2 feet at 10 feet in height. The amendment will allow balconies to be considered as weather protection in the commercial zones subject to certain conditions of approval. The second amendment to the International Residential Code (IRC) will provide clarity to the requirement of foundation drains in the construction of residences. As written, the IRC requires foundation drains when the foundation encloses habitable or usable space. Chapter 33 titled Storm Drainage of the IRC is not adopted by the state and the Uniform Plumbing Code (UPC) is the governing code for all plumbing items, including storm drainage. UPC Section 1101.6 requires subsoil drains around the perimeter of buildings having basements, cellars, crawl spaces or floors below grade. Some builders and inspectors have the mistaken belief that foundation drains are not required for a crawl space because of the language in the IRC. The second amendment will remove the phrase "enclose habitable or usable space" to make clear that foundation drains are necessary to protect a building from water damage. The Department will give the Council a workshop presentation on July 26, 2017, with the public hearing and adoption scheduled on August 2, 2017. Please feel free to contact me at 473-5212 or Jean nie.vaughn(U-)-ci.bremerton.wa.us if I can assist in clarifying or explaining the need for the amendments. ORDINANCE NO. 5332 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Chapter 17.04 of the Bremerton Municipal Code entitled "City Building Code" for amendments to the 2015 editions of the International Building Code and International Residential Code, as amended by the Washington State Building Code Council or published by the International Code Council. WHEREAS, as set forth in Section 17.04.020 of the Bremerton Municipal Code, the City has adopted various Washington State and International building codes and made certain amendments to those codes as set forth in Chapter 17.04 BMC; and WHEREAS, the City Council desires to make an additional amendment to the International Building Code as set forth in Section 17.04.040 of the Bremerton Municipal Code; and WHEREAS, the City Council also desires to make an additional amendment to the International Residential Building Code as set forth in Section 17.04.080 of the Bremerton Municipal Code; and WHEREAS, on July 22, 2017, 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 August 2, 2017, the City Council conducted a public hearing and considered all testimony prior to their decision; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Section 17.04.040 of the Bremerton Municipal Code entitled "Amendments to the International Building Code" is hereby amended to read as follows: 17.04.040 AMENDMENTS TO THE INTERNATIONAL BUILDING CODE. The following local amendments to the International Building Code adopted in BMC 17.04.020 are hereby adopted and incorporated into the International Building Code: (a) General - Building Code Appendices Adopted. Section 101 of the International Building Code, entitled "General," is amended by adding the following new Subsection 101.5: Sec. 101.5 Building code appendices adopted. Appendices C, H, I, and J to the International Building Code are hereby adopted; however, the public works director shall have the authority to enforce and interpret Appendix J and, accordingly, all references to the "building official" in Appendix J shall be substituted with the words "public works director." 1 Building Code Amendments - 2017 (b) Duties and Powers of Building Official - Lot Lines and Setback Lines. Section 104 of the International Building Code, entitled "Duties and Powers of Building Official," is amended by adding the following new Subsection 104.12: Sec. 104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building 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) Certificate of Occupancy. Section 111 of the International Building Code, entitled "Certificate of Occupancy" is amended to read as follows: Sec. 111.1 Use and occupancy. A building or structure shall not be used or occupied, and a change in the existing use, occupancy classification, or occupant of a building or structure or portion thereof shall not be made, until the building official has issued a certificate of occupancy therefor as provided herein. Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this code or of other ordinances of the jurisdiction. Exception: Certificates of occupancy are not required for work exempt from permits in accordance with Section 105.2. (d) Board of Appeals. Section 113 of the International Building Code, entitled "Board of appeals," is amended by substituting Section 113 with the following: Sec. 113 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. (e) Encroachments. Section 3202 of the International Building Code, entitled "Encroachments," is amended by adding the following new exception to Section 3202.3.2: Sec. 3202.3.2 Windows, balconies, architectural features and mechanical equipment. Where the vertical clearance above grade to projecting windows, balconies, architectural features or mechanical equipment is more than 8 feet, 1 inch of encroachment is permitted for each additional 1 inch of clearance above 8 feet, but the maximum encroachment shall be 4 feet. Exception: Balconies may be permitted over a sidewalk in specific zones identified in Title 20 of the BMC or in affiliated subarea plans in compliance with the following conditions: 1) A clearance of at least 10 feet is maintained between the sidewalk and the bottom of balconies. 2) Balconies shall not extend into or occupy more than two- thirds the width of the sidewalk measured from the building _ with ith a maximum of 4 feet over the sidewalk or right-of-way. 2 Building Code Amendments - 2017 3) Balconies shall be completely suported by the building structure and shall not be supported by or on the sidewalk or right- of-way. 4) The encroachment of the balconies do not present a health, safety or welfare issue. 5) The balconies are constructed of fire-resistant materials. 6) The balconies serve the public good, such as providing weather protection. 7) The structure on which the balconies are constructed is located in specific zones that require or encourage weather protection over the public ri _ t -of -way (such as the Downtown Waterfront and Downtown Core zones in the Downtown Subarea Plan). 8) A drainage system shall be provided to prevent water from draining upon the public right-of-way. 9) As the balcony will reduce lighting, lighting may be required to be installed underneath the balcony to ensure safe sidewalks, especially for those balconies that extend across the entire fagade or are placed within 15 feet or less above the sidewalk. (e) Appendix H — Signs. Appendix H of the International Building Code, entitled "Signs," is hereby amended as follows: f1) Section H101.2 entitled "Signs Exempt from Permits" is amended to read as follows: Sec. H101.2 Signs exempt from permits. The following signs are exempt from the requirements to obtain a permit before erection: 1. Temporary signs announcing the sale or rent of property. 2. Signs erected by transportation authorities. 3. The changing of moveable parts of an approved sign that is designed for such changes shall not be deemed an alteration. f2) Section H109.2 entitled "Required clearances," is not adopted. SECTION2. Section 17.04.080 of the Bremerton Municipal Code entitled "Amendments to the International Residential Code " is hereby amended to read as follows: 17.04.080 AMENDMENTS TO THE INTERNATIONAL RESIDENTIAL CODE. The following local amendments to the International Residential Code adopted in BMC 17.04.030 are hereby adopted and incorporated into the International Residential Code: Building Code Amendments - 2017 (a) Duties and Powers of Building Official - Lot Lines and Setback Lines. Section R104 of the International Residential Code, entitled "Duties and Powers of Building Official," is amended by adding the following new Subsection R104.12: Sec. R104.12 Lot lines and setback lines. Notwithstanding the authority of the building official to administer and enforce the building code, the building 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. (b) Board of Appeals. Section R112.1 of the International Residential Code, entitled 'Board of Appeals," is amended by substituting Section R112.1 with the following: Sec. R112.1 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. (c) Design Criteria. Table R301.2(1) of the International Residential Building Code entitled "Climatic and Geographic Design Criteria" is amended to insert the design criteria specific to the City into the table categories as designated in Table R301.2(1) below. The remaining parts and footnotes of the table are unchanged. Table R301.2(1) Climate and Geographic Design Criteria GROUND SNOW WIND DESIGN SEISMIC DESIGN SUBJECT TO DAMAGE FROM Speed Topographic Special Wind-borne 113 Frost Date of entry into NFIP: April, 1987; Community Number 530093 LOAD (mph) effects wind debris zone CATEGORY Weathering line Termite region depth 30 PSF 110 No No No Dz Negligible 12" No WINTER DESIGN TEMP ICE BARRIER UNDERLAYMENT REQUIRED FLOOD HAZARDS AIR FREEZING INDEX MEAN ANNUAL TEMP 29 No See footnote ' ' 113 51.4 Date of entry into NFIP: April, 1987; Community Number 530093 Date of latest study: November 18, 2014 FIRM PANELS# 53035C0335E, 53035C0343E, 53035C0344E, 53035C0345E, , 53035C0450E, , 53035C0455E, 53035C0352F, 53035C0353F, 53035C0354F, 53035C0360F,53035C0364F, 53035C065F, 53035C0366F, 53035C0367F, 53035C0368F, 53035C0380F, 53035C0390F 4 Building Code Amendments - 2017 (d) Existing basements. Section R310 of the International Residential Building Code entitled "Emergency escape and rescue windows" is amended by substituting Section 310.6 with the following: Sec. R310.6 Alterations or repairs of existing basement. An emergency escape and rescue opening in compliance with Section R310 in addition to a means of egress complying with Section R311 is required where existing basements undergo alterations, repairs, or change of use from non -habitable space to habitable area. An escape and rescue opening in a sleeping room may be used for compliance for the basement provided the other basement rooms are not used for sleeping. Exceptions: 1) An emergency escape and rescue window is not required in an existing bedroom or habitable basement that was legally established before 1940 with a building permit and that has the required window for living area in compliance with the code of the time. 2) An emergency escape and rescue window is not required for alterations or repairs of an existing non -habitable basement that will not become habitable area. Construction of a new foundation wall is not considered a repair under this exception. (e) Sec. R313 Automatic Fire Sprinkler Systems. Automatic Fire Sprinkler Systems is adopted with the exception of R313.2, One- and two-family dwellings automatic fire systems. (f) Foundation Drainage. Section R405 of the International Residential Code, entitled "Foundation Drainaue_" is amended to read as follows: Sec. R4051 Concrete or masonry foundations. Drains shall be provided around concrete or masonry foundations that retain earth Drainage tiles, gravel or crushed stone drains, perforated pipe or other approved systems or materials shall be installed at or below the area to be protected and shall dischargegravity byravity or mechanical means into an approved drainage system. Gravel or crushed stone drains shall extend not less than 1 foot beyond the outside edge of the footing and 6 inches above the top of the footing and be covered with an approved filter membrane material. The top of open joints of drain tiles shall be protected with strips of building paper. Except where otherwise recommended by the drain manufacturer, perforated drains shall be surrounded with an approved filter membrane or the filter membrane shall cover the washed gravel or crushed rock covering the drain. Drainage tiles or perforated pipe shall be placed on a minimum of 2 inches of 5 Building Code Amendments - 2017 washed gravel or crushed rock not less than one sieve size larger than the tile joint opening or perforation and covered with not less than 6 inches of the same material. Exception: A drainage system is not required where the foundation is installed on well -drained ground or sand gravel mixture soils according to the Unified Soil Classification System, Group I soils, as detailed in Table R405.1. (fg) Roof drainage. Section 801 of the International Residential Building Code entitled "General" shall be amended to read as follows: Sec. R801.3 Roof drainage. All dwellings shall have a controlled method of water disposal from roofs that will collect and discharge roof drainage to the ground surface not less than 5 feet (1524 mm) from foundation walls or to an approved drainage system. SECTION 3. Severability. 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. SECTION 4.L ective Date. This ordinance shall take effect and be in force ten (10) days from and after its passage, approval and publication as provided by law. PASSED by the City Council the day of 2017. ERIC YOUNGER, Council President Approved this day of )2017. PATTY LENT, Mayor ATTEST: APPROVED AS TO FORM: SHANNON CORIN, City Clerk D ROGER A. LUBOVICH, City Attorney Building Code Amendments - 2017 PUBLISHED the day of )2017. EFFECTIVE the day of )2017. ORDINANCE NO. Building Code Amendments - 2017 V) LU CL v .0 0 N Z > i E=cv a D .0 ca Qi �►, z� Q r V) CL E S co N J N i/j Q L U- cc = a Q J 'all r*4 N fa n = m rr 2' T Q LL. 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