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HomeMy WebLinkAbout09/13/2017 AGENDA PACKETCITY COUNCIL 345 6th Street, Suite 600, Bremerton, WA 98337 I Phone (360) 473-5280 SEPTEMBER 13, 2017 CITY COUNCIL STUDY SESSION 5:00 PM in COUNCIL CONFERENCE ROOM 603 The Study Session is open to the public but there will be no opportunities for input or participation; no action is anticipated during the Study Session; and the content of these items is subject to change. If approved by Council, the items will be placed on the September 20, 2017 Council Meeting Agenda: A. LIMITED PRESENTATION PLANNED - The following items are budgeted items or subjects that have been raised by the appropriate Council Committee Members: 1. Purchase of one 2018 Ford Expedition 4WD Special Services Vehicle from Columbia Ford of Longview, WA for use by the Fire Department 2. Amendment C (Loan Scope Modification and Term Change) to the Drinking Water State Revolving Fund (DWSRF) Loan Agreement DM 15-952-026 for the Reservoir 4 Cover Replacement Project 3. Professional Services Contingency Fee Agreement with Restorical Research, LLC for Environmental Cost Recovery Services 4. Purchase of Materials and Contractor Services for work related to the Relocation of City of Bremerton Offices and Tenant Improvements at the Norm Dicks Government Center B. BRIEFINGS AND FULL PRESENTATIONS —No items tonight... C. GENERAL COUNCIL BUSINESS o Discussion on Revising Downtown Parking Standards — Council President Eric Younger o Discussion on Goal No. 2, "Securing Additional Funding for Local Streets and Sidewalk Improvement" — Council President Eric Younger o Public Works Committee Briefing (9/05/17 Meeting) — Vice Chair Jerry McDonald o Public Safety & Parks Committee Briefing (9/13/17 Meeting) — Chair Leslie Daugs o Other General Council Business D. ADJOURNMENT OF STUDY SESSION ® Americans with Disabilities Act accommodations provided upon request. Those requiring special accommodations should contact the City Clerk's Office at (360) 473-5323 at least 24 hours prior to the meeting. AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of one 2018 Ford Expedition 4WD Special Services Vehicle (SSV) from Columbia Ford of Longview, WA for use by the Fire Department Al Study Session Date: September 13, 2017 COUNCIL MEETING Date: Seatember 20. 2017 Department: Presenter: Fire David Schmitt, Fire Chief Phone: 360.473.5380 SUMMARY: The fire department is proposing to purchase one Fire Command Vehicle. The total cost for the (1) one Vehicle is $ 51,993.00 including Washington State sales tax. The Fire Department is utilizing State Contract No. 05916. ATTACHMENTS: Quote from Columbia Ford. FISCAL IMPACTS (Include Budgeted Amount): This is budgeted through the Public Safety Bond. The total cost for the (1) one vehicle is $51,993.00. STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of (1) one 2018 Ford Expedition 4WD Special Services Vehicle in the amount of $51,993.00, including Washington State sales tax, from Columbia Ford of Longview. 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CD C) I? C? co Go 00 Go CC) C� 0� 00 co 1-1 C) C:) CD C) -4 C) 1-1 C) IH C:) 1-1 CD C) rld N . .. ........ rIj rI4 AGENDA BILL CITY OF BREMERTON CITY COUNCIL MMA SUBJECT: Amendment C (Loan Scope Study Session Date: September 13, 2017 Modification and Term Change) to the COUNCIL MEETING Date: September 20, 2017 Drinking Water State Revolving Fund Department: Engineering (DWSRF) Loan for the Reservoir 4 Cover Presenter: Tom Knuckey Replacement Project Phone: (360) 473-2376 SUMMARY: A DWSRF loan (Loan DM15-952-026) was executed in June 2015 for an evaluation, design and construction of a new cover for Reservoir 4; the loan amount is $2.3M and has a current term of 10 years. This Amendment C includes a scope modification to include a mechanical mixing system and increases the loan term from 10 years to 15 years. ATTACHMENTS: Loan Agreement/Contract Amendment C DM 15-952-026 FISCAL IMPACTS (Include Budgeted Amount): The Amendment extends the loan term to 15 years which reduces the annual debt service. The project is included in the 2016 and 2017 budgets. STUDY SESSION AGENDA: x❑ No Presentation ❑ Full Presentation STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve Amendment C to DWSRF Loan DM15-952-026; 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 AMENDMENT DECLARATIONS Amendment Title: Amendment Number: CLIENT INFORMATION Legal Name: Loan Number: Award Year: State Wide Vendor Number: PROJECT INFORMATION Project Title: Project City: Project State: Project Zip Code: LOAN INFORMATION Loan Amount: Prior Loan Term New Loan Term Loan Fee (Included in loan amount if applicable) Loan Forgiveness %: Interest Rate: Payment Month: Earliest Date for Construction Reimbursement: Time of Performance City of Bremerton Loan Scope and Term Change C City of Bremerton DM 15-952-026 2014 SWV0000221-00 Reservoir 4 Cover Bremerton Washington 98310 52,323,000.00 10 Years 15 Years 523,000.00 0% 1.50% October 1st 7/11/2014 48 months from Contract execution date to Project Completion date. SPECIAL TERMS AND CONDITIONS GOVERNING THIS LOAN AGREEMENT None SCOPE OF WORK (revised) Reservoir 4 is the City's largest reservoir within the City limits. It has 1.2 acres of surface area, which will be enclosed in new security fencing, and retains 11 -million gallons of water. The reservoir has a concrete bottom, which is lined with a 45 -mil thick polypropylene membrane. The water surface is covered with a floating 45 -mil thick polypropylene membrane. Both the liner and the cover are failing and must be replaced. Based on a pre -design evaluation, we determined that replacing the liner and cover with a chlorosulfonated polyethylene (CSPE) material would be most cost-effective. Amendment B was a scope revision, which added a passive mixing system from Tideflex consisting of pipe, nozzles, and supports. The Tideflex system will be deleted and replaced with an active mixer. The active mixer (PAX Water Technologies) consists of an impeller and is supported by a stand at the bottom of the reservoir. Electrical cable runs to a control and power panel. The mixer will improve water circulation in the reservoir. AMENDMENT FACE SHEET Contract Number: DM15-952-026 Amendment Number: C DRINKING WATER STATE REVOLVING FUND 1. Contractor 2. Contractor Doing Business As (optional) City of Bremerton N/A 3027 Olympus Drive, Bremerton, WA 98310 3. Contractor Representative (only if updated) 4. Public Works Board Representative (only if updated) N/A N/A 5. Original Contract Amount 6. Amendment Amount 7. New Contract Amount $2,323,000.00 N/A N/A 8. Amendment Funding Source 9. Amendment Start Date 10. Amendment End Date Federal: ® State: ® Other: ❑ N/A: ❑ Amendment Execution Date October 1, 2029 11. Federal Funds (as applicable): Federal Agency: CFDA Number: N/A EPA 66.468 12. Amendment Purpose: The purpose of this amendment is to revise scope of work and modify the term of the Loan. The Board, defined as the Washington State Public Works Board and Borrower/Contractor acknowledge and accept the terms of this Agreement/Contract As Amended and have executed this Agreement/Contract Amendment on the date below to start as of the date and year referenced above. The rights and obligations of both parties to this Agreement/Contract As Amended are governed by this Agreement/Contract Amendment and the following other documents incorporated by reference: Amendment Terms and Conditions. A copy of this Agreement/Contract Amendment shall be attached to and made a part of the original Agreement/Contract between the Board and the Borrower/Contractor. Any reference in the original Agreement/Contract to the "Agreement" or the "Contract" shall mean the "Agreement As Amended" or "Contract As Amended," respectively. FOR THE BORROWER/CONTRACTOR FOR PUBLIC WORKS BOARD Signature Scott Hutsell, Public Works Board Chair Print Name Date Title APPROVED AS TO FORM ONLY Signature on file Date Sandra Adix Assistant Attorney General This 9th day of August. 2016 Date City of Bremerton Page 1 Scope and Term Change Amendment DM15-952-026 9/6/2017 Drinking Water State Revolving Fund AMENDMENT TERMS AND CONDITIONS DRINKING WATER STATE REVOLVING FUND Contractor/Borrower: City of Bremerton Contract Number: DM15-952-026 Amendment Number: C The purpose of this amendment is to revised the scope of work and modify the end date of the Loan Agreement / Contract identified above. This amendment is being entered into based on the following reason: Loan term to 15 years based on the material warranty which warrants the full value of the CSPE material for 15 years with a prorated warranty horizon of 30 years. The Term of Loan is amended to delete the original Term of Loan in your contract and replace it with the LOAN TERM as shown on the attached Declarations Page. The Amendment End Date on the attached Contract Face Sheet reflects this new contract duration. The SCOPE OF WORK is amended to delete the original declared Scope of Work and replace it with the SCOPE OF WORK as shown on the attached Declarations Page. The Scope of Work, where referenced in the Contract's Special Terms and Conditions section, shall refer to this amended text. City of Bremerton Page 2 Scope and Term Change Amendment DM15-952-026 9/6/2017 Drinking Water State Revolving Fund AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Professional Services Contingency Fee Agreement with Restorical Research, LLC for Environmental Cost Recovery Services Study Session Date: September 13, 2017 COUNCIL MEETING Date: Seatember 20. 2017 Department: Public Works Presenter: Tom Knuckey Phone: (360) 473-2376 SUMMARY: Restorical Research is a firm that researches, locates and consults on historical insurance policies that address environmental contamination. This agreement enables Restorical Research, on a contingency fee basis (10% of all money recovered), to pursue recovery for the Chevron site but also for any other contaminated sites the City may identify. The Agreement does not obligate the City to make claims or suits, or to use a particular amount of staff time to assist Restorical Research in locating sites and documents. ATTACHMENTS: 1) Professional Services Contingency Fee Agreement 2) Exhibit A to Agreement, Scope of Work FISCAL IMPACTS (Include Budgeted Amount): Up to $200 per site to reimburse Restorical Research for scanning and shipping fees, with pre -approval of City. STUDY SESSION AGENDA: ❑x No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the Professional Services Contingency Fee Agreement with Restorical Research, LLC for environmental cost recovery services; 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 PROFESSIONAL SERVICES CONTINGENCY FEE AGREEMENT For Environmental Cost Recovery The City of Bremerton ("City") and Restorical Research, LLC ("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, attached hereto as Exhibit A and incorporated herein. The Scope of Work may be modified only pursuant to Section VIII.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. Nothing in this Agreement shall be construed to require the City to make a demand or claim or bring suit against a third party or insurance carrier based on Consultant's work or recommendation. The City has sole discretion to determine whether to pursue a claim against a private party, an insurer, or any other entity. The City also has sole discretion to determine how much staff time it will utilize if Consultant requests City assistance for any part of Consultant's services. IL Term: This Agreement will be in effect for five (5) years from the date it is executed. Additional time may be agreed upon by the Parties in writing. III. Compensation: This is a contingency fee agreement. In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed ten (10) percent of Recovery. The term "Recovery" as used herein means all monetary payments, flowing to the City directly or indirectly, from any potentially responsible party discovered or identified by Consultant during the Term, or from any one or more of the insurers of the City or of any potentially responsible party, if the insurer is discovered or identified by Consultant during the Term, whether by collection, settlement, judgement or litigation, before consideration of any income tax matters. Recovery includes but is not limited to payments for investigation and remediation work, and sums attributable to interest, punitive damages or attorneys' fees. Recovery does not include payments received by the City from parties or insurance policies identified by the City independently of Consultant's consultation, research or investigation. When the City receives Recovery payment, City shall notify Consultant, and Consultant shall present City with an invoice which shall conform to the terms of this Agreement, including Scope of Work and Compensation. City shall pay the invoice promptly. Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 1 of 7 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 this section. If an invoice 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. 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 contractors 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 contractors. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub -contractors of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub -contractors during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work. As an independent contractor, 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 contractor, 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. Expenses: City agrees to pay for all Consultant's expenses related to scanning and shipping of documents not to exceed $200 per site. City will be made aware of expenses before Consultant incurs any costs. VI. 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. Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 2 of 7 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 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. VII. 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 -contractors. 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 $2,000,000 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 3. Professional Liability insurance with limits no less than $1,000,000 limit per occurrence/claim; and 4. Workers Compensation insurance if statutorily required by the Industrial Insurance Act of the State of Washington, Title 51, Revised Code of Washington. 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. Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 3 of 7 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 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 1 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. VIII. 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. B. Ownership and Use of Records and Documents: Original documents, 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 Mercer Island, 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 electronically upon its request at no charge. Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 4 of 7 All documents, including all reports 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 Photogriraphs 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. 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 Mercer Island, Washington and the State of Indiana. Meetings with City staff shall take place at the City's offices, or at locations mutually agreed upon by the Parties. F. Entire Agreement: This Agreement and its Exhibit 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 first 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 City Engineer Benjamin S. Pariser City of Bremerton Restorical Research 3027 Olympus Dr. 7525 SE 24a' Street, Suite 315 Bremerton, WA 98310 Mercer Island, WA 98040 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. Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 5 of 7 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. 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. IX. 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. X. Termination: This Agreement shall remain in force until completion and acceptance of the services, termination by written instrument upon mutual consent, or termination by either Party for cause or convenience with sixty (60) days written notice. Any notice of termination by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. In the event of termination, the City shall pay Consultant all Recovery and Expenses that accumulate to the effective date of termination, as described on a final invoice submitted to the City. Any demand, claim, legal action or collection action by the City upon which the City receives a Recovery, resulting from the work of Consultant under this Agreement, will require City to compensate Consultant per Section III of this Agreement for up to five (5) years past the Agreement termination date. EXAMPLE: If an insurance carrier or third party is paying fees to characterize/remediate a site as a result of the cost recovery process after this Agreement terminates or expires, Consultant would continue to receive payment per Section III of this Agreement. 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. XI. Suspension & Debarment: For contracts involving Federal funding, Consultant hereby certifies, by signing this Agreement, that neither it nor its principals are presently debarred, Bremerton/Restorical Research Environmental Cost Recovery Rev 02-16 Page 6 of 7 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 By:— its:— Date: y:_its:_Date: Approved as to form: Bremerton City Attorney R:\Legal\Legal\Contracts\LEGAL\Restorical Research PSA 8.3.2017.docx Bremerton/Restorical Research Environmental Cost Recovery Page 7 of 7 CONSULTANT By:_ its:_ Date: Attest: City Clerk Rev 02-16 EXHIBIT A SCOPE OF SERVICES The scope of services to be provided by Restorical Research, LLC under this Agreement will be referred to as the "Cost Recovery Assistance," and will encompass consulting services to assist the City in preparing and undertaking an insurance recovery action against insurers who owe the City duties of defense and indemnification for the costs of environmental investigation and remediation pursuant to insurance policies, and/or a cost recovery/contribution action against third parties who have caused, contributed to, or exacerbated the contamination, and are liable to the City for some or all of the costs of environmental investigation and remediation. These actions collectively, or alone, are deemed the "Cost Recovery Action." Cost Recovery Assistance shall consist of: Performing such historical investigation of property records, transactional records, aerial photographs, sanborn maps, and other similar historical documents to identify potentially responsible persons; and b. Assist in managing the flow of information between the City, attorneys, and consultants. The City authorizes Restorical to receive copies of all invoices. The City understands that Restorical has a unique perspective that may be beneficial to the Cost Recovery Process. The City, at its sole discretion, may choose to include Restorical in all correspondence between the City, attorneys and consultants; and Performing such historical investigation of insurance records and related documents to identify insurance carriers and policies that may provide coverage for the environmental damage that is the subject of demands by the State, other government agencies, or third parties; and d. Preparing and submitting to the City one or more written summaries of all relevant information discovered while performing Cost Recovery Assistance. The written summary of information pertaining to an insurance policy shall include the name of the insurance carrier, the years of coverage, the policy number, if available, and legible copies of the policy or secondary evidence of coverage. Each written summary described in this paragraph l.d is referred to as "Cost Recovery Documentation." The Cost Recovery Documentation may be in the form of a letter, memorandum, and/or email. Cost Recovery Assistance does not include: Environmental investigation needed to fully delineate the nature and extent of contamination; Exhibit A - 1 b. Environmental remediation needed to address such contamination; Expert witness services in any cost recovery, contribution, or insurance coverage litigation that the City may hire counsel to initiate; and d. Legal Services. The City understands that Restorical does not perform legal services or provide legal advice. Exhibit A - 2 AGENDA BILL CITY OF BREMERTON CITY COUNCIL SUBJECT: Purchase of Materials and Contractor Services for work related to the Relocation of City of Bremerton Offices and Tenant Improvements at Norm Dicks Government Center Study Session Date: September 13, 2017 COUNCIL MEETING Date: Seatember 20. 2017 Department: Presenter: Phone: PW&U Chal Martin 360-473-5758 SUMMARY: Council budget approval for construction, materials, office furniture, carpet / flooring, counter tops and cabinets and other items associated with the planned relocation of City Offices and tenant improvements to City spaces on the 1 st 5th and 6th floor areas at the Norm Dicks Government Center. ATTACHMENTS: None FISCAL IMPACTS (Include Budgeted Amount): Cost amounts including WA State sales tax are on a not to exceed basis. Carpet replacements and flooring; $150,000.00 Construction materials and services; $80,000.00 Counter tops, cabinets and storage shelving; $30,000.00 Office furniture, fixtures and equipment; $150,000.00 Moving expenses; $20,000 Total Project Cost $430,000 STUDY SESSION AGENDA: 0 No Presentation ❑ Full Presentation STUDY SESSION ACTION: ❑ Consent Agenda ❑ General Business ❑ Public Hearing RECOMMENDED MOTION: Move to approve the purchase of materials and contractor services for work related to the relocation of the City of Bremerton offices and tenant improvements at the Norm Dicks Government Center not to exceed the costs as presented; amend the City's budget to accommodate the project; authorize the Public Works department to procure the material and services through direct negotiations with vendors/contractors; and authorize the Mayor to finalize and execute contracts for materials and services including contracts exceeding $25,000 in substantial compliance with the terms and conditions as presented. COUNCIL ACTION: ❑ Approve ❑ Deny ❑ Table ❑ Continue ❑ No Action Form Updated 01/07/15 COD F, DOD F.,! -QOl-1 DID 1 � 1 � 1 1 � 1 1 ~ 'a Y W 1 1 1 1 1 1 c 1 d 1 1 � L -U 1 1Ln � 1 1 � 1 � 1 1 � 1 1 ~ 'a Y W 1 1 1 1 1 Mine ly "'� d -A. 1 p. �i7N�ft�y a . asra17.5 f IYI Downtown Sub Area Plan & Parking Standards On December 19th, 2007 the Bremerton City Council approved the Downtown Subarea Plan. The plan directs focused, mixed growth according to the city's Comprehensive Plan vision for downtown as the "Metropolitan Center of the West Puget Sound". The Subarea Plan includes design standards, zoning, and streetscape standards for the greater downtown area_ In May 2016, the Downtown Subarea Plan was amended to expand the Downtown Regional Center to the southwest (clic< here to see a summary of the 2016 revisions, which have been incorporated into the documents below). Downtown Subarea Plan Overview The display at right is a general overview of the Downtown Subarea Plan_ It includes a brief summary of downtown zoning standards, design review anc shows the multi -family tax exemption boundary_ Subarea Plan Downtown Subarea Plan (PDF) IntroducVon (PDF) Existing Conditws (PDF) Urban Design Strategies (PDF} District Character (PDF) Circulation (PDF) ................................................................................................... Development Standards — Parking 6.3.9 PARKING REQUIREMEN—S (1) Nonresidential uses per 1,000 GSF Minimum I space Maximum 4 space (2) Residential uses Minimum .5 spaces per residential unit (3)The first 3,060 ground floor GSF retail area shall be exempt from off street parking requirements. 6.3.10 PARKING DESIGN STANDARDS (I) No surface parking shall be located between the building and the front property line. 0n corner lots, no parking shall be located between the build- ing and either- of the two (2) front property lines. (2) For surface parking lots greater than five thou- sand (5.000) sq ft shou Id provide clearly identifiable, lighted and Iandscaled pedestrian paths of at least eight (8) feet in width through the surface parking lot to building entrance. This path shall contain a continuous landscaped areas of at least three (3) feet wide on at least one side of the path except where a pathway crosses vehicular lanes. (3) Structured parking is not permitted at first floor street facade. All parking located on the ground floor shall be screened behind active pedestrian or residential uses. Minimum depth of uses Is twenty five (25) feet. (4) Where commercial or residential space is not available to accomplish this, features such as planters, decorative grills, green screens or public art shall be used for screening subject to DRB approval. (5) Parking garages are subject to design principles listed in Bremerton Subarea Plan Section 5.8.3 (€.) Parking shall meet the requirements of Chapter 20.48 BMC except where conflicting the principles of this Chapter supersede. http://www.ci.bremerton.wa.us/371/Downtown From: Bill S. To: City Council Cc: Patty Lent; Grea Wheeler; Jerry McDonald; Shannon Corin Subject: Parking Agenda Item Date: Wednesday, September 13, 2017 7:04:11 AM Dear City Council, I am happy to see parking on your agenda for this afternoon, however guardedly optimistic. Many of you and others have ignored enforcement of the 1 to 2hour onstreet parking in the West Bremerton residential area for several years. This will be evidenced today by the most likely 100+ vehicles that will line our streets and fill our planter strips only to receive very few parking tickets, if any. I have been a constant advocate as a homeowner that this behavior does very little to nothing to enhance the appeal of our area and quite frankly it probably does the most to restrict the appeal of our residential area. I also volunteered to participate in the recent parking study, so I am patiently waiting to see what actions will take affect from the City's investment in that effort. Again today I will submit parking comments to the website, email City Hall, and essentially get very little to no actual progress. I might receive an email back stating the number of tickets impark has stepped up to, however, I assure you there are many many violators that are ignored day after day from what I understand as a lack of resources. So, this afternoon I ask of you to make a choice to not ignore this problem any longer and to finally consider implementing the residential parking only zone that has been discussed which I understand is a real possibility. Thank you for your consideration, Bill ORDINANCE NO. 5307 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 3.50.050 of the Bremerton Municipal Code relating to the allocation of stormwater fees or taxes collected for street improvements. WHEREAS, the City Council desires to amend Section 3.50.050 of the Bremerton Municipal Code to allocate a percentage of stormwater fees or taxes collected by the City to the Transportation Capital Fund for the purpose of funding street improvements within the City; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: SECTION]. Section 3.50.050 of the Bremerton Municipal Code entitled "Persons Subject to Tax - Amount" is hereby amended to read as follows: 3.50.050 PERSONS SUBJECT TO TAX - AMOUNT. In addition to other taxes or fees that may be imposed or levied by the City, there is hereby levied upon all persons (including the City) engaging in business within the City a fee or tax to be collected as follows: (a) Gas. Upon every person engaging in the business of transmitting, distributing or the selling of manufactured or natural gas, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (b) Water. Upon every person engaging in the business of providing water utility service, a fee or tax equal to fifteen and one-half (15.5) percent of the total gross income from such business conducted within the City. The total gross income from the business of providing water utility service includes the "gross income from timber sales" of the utility as that term is defined in this chapter. (c) Wastewater. Upon every person engaging in the business of providing wastewater utility service, a fee or tax equal to twenty (20) percent of the total gross income from such business conducted within the City. (d) Stormwater. Upon every person engaging in the business of providing stormwater utility service, a fee or tax equal to twenty (20) percent of the total gross income from such business conducted within the City. Forty (40) percent of the fee or tax collected under this subsection shall be allocated to the Transportation Capital Fund for street improvements. (e) Cable. Upon every person engaging in the business of transmitting television signals by means of a cable distribution system commonly known as television cable service, a fee or tax equal to seven (7) percent of the total gross income from such business conducted within the City. (f) Solid Waste. Upon every person engaging in the business of providing solid waste collection service, a fee or tax equal to nine and one-half (9.5) percent of the total gross income from such business conducted within the City. Allocation of Stormwater Taxes for Street Improvements (g) Electricity. Upon every person engaging in the business of producing, transmitting, distributing or selling electricity, a fee or tax equal to six (6) percent of the total gross income from such business conducted within the City. (h) Telephone. Upon every person engaged in carrying on a telephone business for hire or for sale of a commodity or a service within or partly within the corporate limits of the City, a tax for the privilege of so doing business equal to six (6) percent of the total gross income rendered within the City. (1) Deductions. In computing the telephone tax, there shall be deducted from the gross operating revenues the following items: (i) Amounts derived from transactions in interstate or foreign commerce or from any business which the City is prohibited from taxing under the Constitutions of the United States or the State of Washington. (ii) Amounts derived from that portion of network telephone service, as defined in RCW 82.04.065, which represents charges to another communications company, as defined in RCW 80.04.010, for connecting fees, switching charges or carrier access charges relating to intrastate toll telephone services, or for access to, or charges for, interstate services or charges for network telephone service that is purchased for the purpose of resale. (iii) Adjustments made to a billing or to a customer account or to a communications company accrual account in order to reverse a billing or charge that had been made as a result of third -party fraud or other crime and was not properly a debt of a customer. (iv) A complete deduction from gross income shall be allowed for credit losses, only to cellular telephone service companies which keep their regular books of account on an accrual basis, for cash discounts and credit losses actually sustained by a taxpayer as a result of telephone service business. (2) Allocation of Income - Cellular Telephone Service. (i) Service Address. Payments by a customer for the telephone service from telephones without a fixed location shall be allocated among taxing jurisdictions to the location of the customer's principal service address during the period for which the tax applies. (ii) Roaming Phones. When the service is provided while a subscriber is roaming outside the subscriber's normal cellular network area, the gross income shall be assigned consistent with the taxpayer's accounting system to the location of the originating cell site of the call, or to the location of the main cellular switching office that switched the call. SECTION 2. Effective Date ofAmendment to Section 1. The amendment to Section 3.50.050(d) of the Bremerton Municipal Code as set forth in Section 1 above shall be effective January 1, 2017. 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. 2 Allocation of Stormwater Taxes for Street Improvements SECTION 4. Effective 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 2 4 day of aq'b , 2016 In ERIC YOUbKj'ER. eMncil President Approved this Z � day of /�l �� �� , 2016 ATTEST: SHANNON CORIN, City Clerk PATTY LE ayor APPROVED AS TO FORM: ROtiER A. LUBOVIC > y ttorney PUBLISHED the � ! day of /tIUlW2rY PI -r , 2016 EFFECTIVE theday of 00-M�,G/' , 2016 ORDINANCE NO. 30 7 R:\Legal\Legal\Ordinances\Finance\BMC 3.50.050.docx 3 Allocation of Stormwater Taxes for Street Improvements ORDINANCE NO. 5307 AN ORDINANCE of the City Council of the City of Bremerton, Washington, amending Section 3.50.050 of the Bremerton Municipal Code relating to the alloca- tion of stormwater fees or. taxes collected for street improvements. PASSED by the City Council on the 2nd day of November, 2016. The full text of this ordinance is available from the City Clerk's Office, 345 Sixth Street, Suite 600, Bremerton, WA 98337. NOV. 8, 2016 AD#1348393 AFFIDAVIT OF PUBLICATION Account #342133 AD#1348393 STATE OF WASHINGTON COUNTY OF KITSAP I, Teresa Hull, being first duly sworn on oath, deposes and says: That she is now, and at all times embraced in the publication herein mentioned was the principal clerk of the printers and publishers of KITSAP SUN; that said newspaper has been approved as a legal newspaper by order of the Superior Court of the County of Kitsap, in which County it is published and is now and has been for more than six months prior to the date of the publi- cation hereinafter referred to, published in the English language continually as a daily newspaper in Bremerton, Kitsap County, Washington, a weekly newspaper in Kitsap County, Washington and is now and during all of said time, was printed in an office maintained in the aforesaid place of publication of said newspaper; that the following is a true text of an advertisement as it was published in regular issues (and not in supplement form) of said newspaper on the following date, to wit: And on November 8, 2016 such newspaper was regularly distributed to its subscribers during all of said period. The full amount of the fee charged for the foregoing publication is the sum of $56.81. This amount has not been paid in full. (Signature of Principal Clerk) Subscribed and sworn to before me this day of November 8, 2016. �Q�GO�WIB810* �WASH������ d'2Q.414a C e— 5-30-7 Chapter 5.60 RENTAL HOUSING LICENSING 5.60.005 Declaration of Purpose. The City of Lakewood finds that the imposition of a residential rental inspection program wdl protect the public health, safety, and welfare of tenants by encouraging the proper maintenance of residential rental housing, by identifying and requiring correction of substandard housing conditions, and by preventing conditions of deterioration and blight that could adversely impact the quality of life in Lakewood.. (Ord. 644 § 2, 2016.) 5.60.010 Definitions. For the purposes of this chapter, the following words or phrases have the meaning proscribed below: "Accessory dwelling unit" or "ADU" means a housing unit that is accessory to a single - household dwelling and meets the requirements of LMC 18A.70.313 for accessory dwellings. "Certificate of inspection" means an unsworn statement, declaration, verification, or certificate made in accordance with the requirements of RCW 9A.72.085 by a qualified inspector that states that the landlord has not failed to fulfill any substantial obligation imposed under RCW 59.18.060 that endangers or impairs the health or safety of a tenant, including (a) structural members that are of insufficient size or strength to carry imposed loads with safety, (b) exposure of the occupants to the weather, (c) plumbing and sanitation defects that directly expose the occupants to the risk of illness or injury, (d) not providing facilities adequate to supply heat and water and hot water as reasonably required by the tenant, (e) providing heating or ventilation systems that are not functional or are hazardous, (f) defective, hazardous, or missing electrical wiring or electrical service, (g) defective or hazardous exits that increase the risk of injury to occupants, and (h) conditions that increase the risk of fire. "Director" means the City Manager or designee assigned with the enforcement of this chapter. "Non -owner Managers" as used in this Chapter, means any person(s) hired or engaged for the purpose of providing management services for any Residential housing unit within the City of Lakewood, where the Manager(s) has have no ownership in the Residential housing unit being managed. "Owner" means ally person who, alone or with others, has title or interest in any building, with or without accompanying actual possession thereof, and including any person who as agent, or executor, administrator, trustee, or guardian of an estate has charge, care, or control of any building. This definition includes, without limitation, the owner, lessor, or sublessor of the rental unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager. 5.60.070 Reimbursement for Transitional Costs In the event that a Rental -housing Complex is closed by the City or any agency acting on behalf of or in coordination with the City stemming from enforcement of the provisions of this Chapter or any applicable health, building, fire, housing or life -safety code, or other serious violations, it shall be a prerequisite condition for the license to be reinstated and/or the Rental -housing Complex to be allowed to re -open that the operator of the Rental -housing Complex reimburse the City for any transitional costs and!or tenant re -location costs incurred by the City that are directly attributable to such closure. For the purposes hereof. "transitional costs and/or tenant re -location costs" include but are not limited to tenant travel costs and temporary hotel vouchers or other expenses incurred to procure alternate housing following tenant displacement for a reasonable time to alleviate the impacts of displacement, the amounts of which costs shall be as determined in the discretion of the City Manager or Designee. (Ord. 468 y 2, 2008; Ord. 255 § 1 (part), 2001.) 5.60.080 Inspection and Certificate of Compliance Required A. Rental -housing Complex Owners are required to provide a certificate of inspection as a business license condition during the year such is required by the City. A certificate of inspection shall be required no more than once every five years. B. Proof of an inspection by a government agency or other qualified inspector within the previous twenty-four months will satisfy the requirement for a certificate of inspection. C. The Director is hereby authorized to adopt administrative procedures consistent with this chapter and chapter 59.18 RCW. (Ord. 644 § 5, 2016.) 5.60.100 Unlawful to Rent INoncompliant Rental Units. It shall be unlawful to rent a rental unit, or to allow a tenant: to continue to occupy a rental unit that does not satisfy the requirements of LMC 5.60.080. The Director may notify the owner that until a certificate of compliance is provided, it is unlawful to rent or to allow a tenant to continue to occupy a rental unit. (Ord. 644 § 6, 2016.) 5.60.110 Rule Malting. A. The Director is authorized to adopt, publish and enforce rules, regulations and forms consistent with this chapter for the purpose of carrying out the provisions of this chapter. B. The Director or designee shall maintain information related to the implementation of the City of Lakewood rental housing safety program. 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